ACTS AND RESOLUTIONS OF THE
FIRST SESSION OF THE 154TH
GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
2017
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Volume Two

COMPILER'S NOTE
General Acts and Resolutions of the 2017 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 2016-2017 and the Appropriations Act for FY 2017-2018 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 May 1, 2016, and May 1, 2017, are printed in Volume Two beginning at pages 4015 and 4087, respectively. The order of the Superior Court of Colquitt County accepting the surrender of the municipal charter of the Town of Riverside is printed in Volume Two beginning on page 4195.
There are no numbered pages between page 858, 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Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.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 2017
TABLE OF CONTENTS
VOLUME ONE
Acts and Resolutions of General Application .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Supplementary Appropriations Act for FY 2016-2017. . . . . . . . . . . . . . . . . . Appendix General Appropriations Act for FY 2017-2018.. . . . . . . . . . . . . . . . . . . . . . . Appendix
VOLUME TWO
Acts and Resolutions of Local Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3501 County and Consolidated Government Home Rule Actions. . . . . . . . . . . . . . . . . . 4015 Municipal Home Rule Actions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4087 Court Order Accepting Surrender of Charter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4195
VOLUME THREE
Acts by Numbers-Page References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A Bills and Resolutions-Act Number References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4A Index-Tabular.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7A Index-General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34A Population of Georgia Counties-Alphabetically. . . . . . . . . . . . . . . . . . . . . . . . . . . . 89A Population of Georgia Counties-Numerically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93A Population of Cities-Alphabetically.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98A Population of Cities-Numerically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106A Population of Judicial Circuits.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114A Georgia Senate Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 119A Georgia Senators, Numerically by District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121A Georgia House Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 125A Georgia Representatives, Numerically by District.. . . . . . . . . . . . . . . . . . . . . . . . . 127A Status of Referendum Elections.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137A Governor's Proclamations and Vetoes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 379A Historical List of General Assemblies of the State of Georgia. . . . . . . . . . . . . . . . 386A Legislative Services Committee and Staff.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 387A

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JEFFERSON COUNTY NONBINDING ADVISORY REFERENDUM ON LEVYING ADDITIONAL AD VALOREM TAX TO SUPPORT JEFFERSON COUNTY HOSPITAL AUTHORITY.

No. 1 (House Bill No. 31).

AN ACT

To provide for a nonbinding advisory referendum for the purpose of ascertaining whether the electors of Jefferson County desire the Jefferson County Board of Commissioners to levy an additional ad valorem tax for the purpose of realizing additional tax revenue to provide payment for Jefferson County Hospital Authority's services and facilities and to retire hospital debt; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; 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 electors of Jefferson County desire the Jefferson County Board of Commissioners to levy an additional ad valorem tax for the purpose of realizing additional tax revenue to provide payment for Jefferson County Hospital Authority's services and facilities and to retire hospital debt. (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 Jefferson County; (2) A public purpose; and (3) An essential governmental function for which public funds may be expended.

SECTION 2. The election superintendent of Jefferson 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 Jefferson County to determine whether a majority of said electors desire the Jefferson County Board of Commissioners to levy an additional ad valorem tax to provide payment for Jefferson County Hospital Authority's services and facilities and to retire hospital debt. The nonbinding advisory referendum election shall be held on March 21, 2017, and the election superintendent 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 Jefferson County. The ballot shall have written or printed thereon the words:

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"NONBINDING ADVISORY REFERENDUM

( ) YES ( ) NO

Should the Jefferson County Board of Commissioners levy an ad valorem tax of up to three mills in addition to the one already being levied for the purpose of paying for Jefferson 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 Jefferson 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 2017 session of the General Assembly of Georgia a bill to provide for a nonbinding advisory referendum for the purpose of ascertaining whether the Jefferson County Board of Commissioners should levy an additional ad valorem tax to provide payment for the Jefferson County Hospital Authority's service and facilities and to retire hospital debt; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Brian Prince, Representative from District 127, 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 News and Farmer Jefferson Reporter, which is the official organ of Jefferson County, on the 5th of January in the year 2017; 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/ BRIAN PRINCE Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 9th of January, 2017, Before me:

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

Approved January 24, 2017.

__________

JEFFERSON COUNTY NONBINDING REFERENDUM ON LEVY OF AD VALOREM TAX TO SUPPORT JEFFERSON COUNTY HOSPITAL AUTHORITY.

No. 2 (Senate Bill No. 13).

AN ACT

To provide for a nonbinding advisory referendum for the purpose of ascertaining whether the electors of Jefferson County desire the Jefferson County Board of Commissioners to levy an ad valorem tax for the purpose of paying for Jefferson County Hospital Authority's services and facilities and to retire hospital debt; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to repeal an Act providing for a nonbinding advisory referendum for the purpose of ascertaining whether the electors of Jefferson County desire the Jefferson County Board of Commissioners to levy an additional ad valorem tax for the purpose of realizing additional tax revenue to provide payment for Jefferson County Hospital Authority's services and facilities and to retire hospital debt; to repeal conflicting laws; and for other purposes.

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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 electors of Jefferson County desire the Jefferson County Board of Commissioners to levy an ad valorem tax for the purpose of paying for Jefferson County Hospital Authority's services and facilities and to retire hospital debt. (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 Jefferson County; (2) A public purpose; and (3) An essential governmental function for which public funds may be expended.

SECTION 2. The election superintendent of Jefferson 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 Jefferson County to determine whether a majority of said electors desire the Jefferson County Board of Commissioners to levy an ad valorem tax for the purpose of paying for Jefferson County Hospital Authority's services and facilities and to retire hospital debt. The nonbinding advisory referendum election shall be held on March 21, 2017, and the election superintendent 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 Jefferson County. The ballot shall have written or printed thereon the words:
"NONBINDING ADVISORY REFERENDUM ( ) YES Should the Jefferson County Board of Commissioners levy an ad valorem
tax of up to three mills for the purpose of paying for Jefferson County ( ) NO 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 Jefferson County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 2A. An Act providing for a nonbinding advisory referendum for the purpose of ascertaining whether the electors of Jefferson County desire the Jefferson County Board of Commissioners to levy an additional ad valorem tax for the purpose of realizing additional tax revenue to provide payment for Jefferson County Hospital Authority's services and

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facilities and to retire hospital debt, approved January 24, 2017 (2017 Act No. 1 enacting HB 31), is hereby repealed in its entirety.

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 2017 session of the General Assembly of Georgia a bill to provide for a nonbinding advisory referendum for the purpose of ascertaining whether the Jefferson County Board of Commissioners should levy an additional ad valorem tax to provide payment for the Jefferson County Hospital Authority's service and facilities and to retire hospital debt; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jesse Stone, Senator from District 23, 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 News and Farmer Jefferson Reporter, which is the official organ of Jefferson County, on the 5th of January in the year 2017; 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 STONE Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 9th of January, 2017, Before me:

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

Approved February 2, 2017.

__________

MONROE COUNTY NONBINDING ADVISORY REFERENDUM REGARDING LEVYING ADDITIONAL AD VALOREM TAX AND ISSUING DEBT INSTRUMENTS TO SUPPORT HEALTH CARE SERVICES AT MONROE COUNTY HOSPITAL.

No. 3 (House Bill No. 187).

AN ACT

To provide for a nonbinding advisory referendum for the purpose of ascertaining whether the electors of Monroe County desire the Monroe County Board of Commissioners to levy an annual ad valorem tax and issue further appropriate debt instruments to support the continued availability of health care services for the citizens of the county at Monroe County Hospital, including services for the indigent citizens of the county, and to service hospital debt; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; 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 electors of Monroe County desire the Monroe County Board of Commissioners to levy an annual ad valorem tax and issue further appropriate debt instruments to support the continued availability of health care services for the citizens of the county at Monroe County Hospital, including services for the indigent citizens of the county, and to service hospital debt.

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(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 Monroe County; (2) A public purpose; and (3) An essential governmental function for which public funds may be expended.

SECTION 2. The election superintendent of Monroe 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 Monroe County to determine whether a majority of said electors desire the Monroe County Board of Commissioners to levy an annual ad valorem tax and issue further appropriate debt instruments to support the continued availability of health care services for the citizens of the county at Monroe County Hospital, including services for the indigent citizens of the county, and to service hospital debt. The nonbinding advisory referendum election shall be held on March 21, 2017, or at the earliest possible date allowed by law, and the election superintendent 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 manner required by law. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

NONBINDING ADVISORY REFERENDUM Shall the governing authority of Monroe County levy an annual ad valorem tax not exceeding one (1) mill, and issue up to $4 million in appropriate debt instruments, to be allocated to the Hospital Authority of Monroe County to support the continued availability of health care services for the citizens of the county at Monroe County Hospital, including services for the indigent citizens of the county, and to service 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 Monroe 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 2017 session of the General Assembly of Georgia a bill to provide for a nonbinding advisory referendum for the purpose of ascertaining whether the Monroe County Board of Commissioners should levy an annual

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

ad valorem tax and issue further appropriate debt instruments to support the continued availability of healthcare services for the citizens of the County at Monroe County Hospital, including services for the indigent citizens of the County, and to service hospital debt; 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 Monroe County Reporter, which is the official organ of Monroe County, on the 25th of January in the year 2017; 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/ ROBERT DICKEY Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 30th of January, 2017, Before me:

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

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Approved February 9, 2017.

__________

CITY OF VILLA RICA HOMESTEAD EXEMPTION; CITY TAXES; SENIOR CITIZENS; REFERENDUM.

No. 6 (House Bill No. 272).

AN ACT

To provide for a homestead exemption from City of Villa Rica ad valorem taxes for municipal purposes in the amount of $8,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Villa Rica, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" shall have the same meaning as 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 Villa Rica who is a senior citizen is granted an exemption on that person's homestead from City of Villa Rica ad valorem taxes for municipal purposes in the amount of $8,000.00 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 Villa Rica, 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 Villa Rica, 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 Villa Rica, or the designee thereof, shall provide application forms for this purpose.

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(d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Villa Rica, 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 lieu of and not in addition to any other homestead exemption applicable to 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, 2018.

SECTION 2. The municipal election superintendent of the City of Villa Rica 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 Villa Rica for approval or rejection. The municipal election superintendent shall conduct that election on the third Tuesday in March, 2017, and shall issue the call and conduct that election as provided by general law. The municipal 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 organs of Carroll County and Douglas County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a homestead exemption from City ( ) NO of Villa Rica ad valorem taxes for municipal purposes in the amount of
$8,000.00 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, 2018. 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 Villa Rica. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Villa Rica ad valorem taxes for municipal purposes in the amount of $8,000.00 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, Jay Collins, 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 2nd of February in the year 2017; 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/ JAY COLLINS Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 7th of February, 2017, Before me:

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Villa Rica ad valorem taxes for municipal purposes in the amount of $8,000.00 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, Jay Collins, 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 Douglas County Sentinel, which is the official organ of Douglas County, on the 3rd of February in the year 2017; 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/ JAY COLLINS Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 7th of February, 2017, Before me:

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

Approved February 20, 2017.

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DEKALB COUNTY COMMUNITY IMPROVEMENT DISTRICTS; TAXES, FEES, AND ASSESSMENTS.

No. 8 (House Bill No. 449).

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 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. 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

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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 activated between August 1, 2016, and September 1, 2016, composed of property located wholly within a municipality that exceeds 130 acres, but is less than 300 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 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 that 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."

GEORGIA LAWS 2017 SESSION
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

3515

NOTICE TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the 2017 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.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Tom Taylor, Representative from District 79, 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 19th of January in the year 2017; 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 TAYLOR 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 30th of January, 2017, Before me:

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

Approved March 16, 2017.

__________

CITY OF DECATUR CITY OF DECATUR PUBLIC FACILITIES AUTHORITY; CREATION.

No. 9 (Senate Bill No. 124).

AN ACT

To create the City of Decatur Public Facilities Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to exempt the property and revenue bonds of the authority from taxation; to provide for the separate enactment of a certain provision of this Act; to provide for a short title; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Short title.

This Act shall be known and may be cited as the "City of Decatur Public Facilities Authority Act."

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SECTION 2. City of Decatur Public Facilities Authority; creation.

(a) There is hereby created a public body corporate and politic to be known as the "City of Decatur Public Facilities Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The authority shall consist of five members who shall be appointed by the City Commission of the City of Decatur. With respect to the initial appointment, two members shall be appointed for a term of three years, two members shall be appointed for a term of two years, and one member shall be appointed for a term of one year. Thereafter, all appointments shall be made for terms of three years and until successors are appointed and qualified. Immediately after such appointments the members of the authority shall enter upon their duties. To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age, shall be a resident of the city for at least two years prior to the date of his or her appointment, and shall not have been convicted of a felony. Any member of the authority may be selected and appointed to succeed himself or herself. (c) The members shall not be compensated for their services; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (d) The members of the authority shall elect one of their number as chairperson and another as a vice-chairperson. The members of the authority shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary or the treasurer is not a member of the authority, such officer shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. (e) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.

SECTION 3. Purpose of the authority; scope of operations.

Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of providing buildings, facilities, equipment, and services for the citizens of the city.

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SECTION 4. Definitions.

As used in this Act, the term: (1) "Authority" means the City of Decatur Public Facilities Authority created by this Act. (2) "City" means the City of Decatur, Georgia. (3) "Costs of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agent, accounting, and legal services, and of plans and specifications and expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, maintain, or finance the project. (4) "Project" means (i) all buildings, facilities, and equipment necessary or convenient for the efficient operation of the city or any department, agency, division, or commission thereof, or of the City Schools of Decatur and (ii) any "undertaking" permitted by the Revenue Bond Law. (5) "Revenue Bond Law" means the Revenue Bond Law of the State of Georgia (codified in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., as amended, or any other similar law hereinafter enacted. (6) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act. (7) "Self-liquidating" means any project which the revenues and earnings to be derived by the authority therefrom, including, but not limited to, any contractual payments with governmental or private entities, and all properties used, leased, and sold in connection therewith, together with any grants and any other available funds, will be sufficient to pay the costs of operating, maintaining, and repairing the project and to pay the principal and interest on the revenue bonds or other obligations which may be issued for the purpose of paying the costs of the project. (8) "State" means the State of Georgia.

SECTION 5. Powers.

The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, condemnation, or otherwise, and with or without consideration, to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of

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any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or disposition of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act, except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To acquire, construct, add to, extend, improve, equip, operate, maintain, lease, and dispose of projects; (5) To execute contracts, leases, installment sale agreements, and other agreements and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, maintenance, disposition, or financing of a project; (6) To appoint, select, and employ officers, agents, and employees, including, but not limited to, engineering architectural and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (7) To pay the costs of the project with the proceeds of revenue bonds, certificates of participation, notes, or other forms of obligations issued by the authority or from any grant or contribution from the United States of America or any agency or instrumentality thereof or from the state or any agency, instrumentality, municipality, or political subdivision thereof, from any private foundation or other private source or from any other source whatsoever; (8) To pledge to the payment of revenue bonds, certificates of participation, notes, and other forms of obligations issued by the authority any and all revenues and properties of the authority, both real and personal; (9) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (10) To accept loans or grants of money or materials or property of any kind from the state or any agency, instrumentality, municipality, or political subdivision thereof, upon such terms and conditions as the state or such agency, instrumentality, municipality, or political subdivision may require; (11) To accept loans or grants of money or materials or property of any kind from any public or private foundation or any other private source upon such terms and conditions as such public or private foundation or other private source may require;

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(12) To borrow money for any of its corporate purposes and to issue or execute revenue bonds, certificates of participation, notes, and other forms of obligations, deeds to secure debt, security agreements, and such other instruments as may be necessary or convenient to evidence and secure such borrowing; (13) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business is transacted; (14) To prescribe rules, regulations, service policies, and procedures for the operation of any project; (15) To exercise any power usually possessed by private corporations performing similar functions; and (16) To do all things necessary or convenient to carry out the powers expressly given in this Act.

SECTION 6. Revenue bonds.

The authority shall have power and is hereby authorized to provide by resolution for the issuance of revenue bonds for the purpose of paying all or any part of the costs of the project and for the purpose of refunding revenue bonds or other obligations previously issued. The principal of and interest on such revenue bonds shall be payable solely from the revenues and properties pledged to the payment of such revenue bonds. The revenue bonds issued by the authority shall contain such terms as the authority shall determine are in the best interest of the authority; provided, however, no revenue bonds shall have a maturity exceeding 40 years.

SECTION 7. Same; signatures; seal.

All such revenue bonds shall bear the manual or facsimile signature of the chairperson or vice-chairperson of the authority and the attesting manual or facsimile signature of the secretary or secretary-treasurer of the authority, and the official seal of the authority shall be impressed or imprinted thereon. Any revenue bonds may bear the manual or facsimile signature of such persons as at the actual time of the execution of such revenue bonds shall be duly authorized or hold the proper office, although at the date of issuance of such revenue bonds such person may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any revenue bond shall cease to be such officer before the delivery of such revenue bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if that person had remained in office until such delivery.

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SECTION 8. Same; negotiability; exemption from taxation.

All revenue bonds shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of the State. All revenue bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state as provided by the Revenue Bond Law.

SECTION 9. Same; conditions precedent to issuance.

The authority shall adopt a resolution authorizing the issuance of the revenue bonds. In the resolution, the authority shall determine that the project financed or refinanced with the proceeds of the revenue bonds is self-liquidating. Revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its adoption and need not be published or posted, and any such resolution may be adopted at any regular or special meeting of the authority.

SECTION 10. Same; credit not pledged.

Revenue bonds shall not be deemed to constitute a debt of the state or the city nor a pledge of the faith and credit of the state or the city. Revenue bonds shall be payable solely from the revenues and properties pledged to the payment of such revenue bonds. The issuance of revenue bonds shall not directly, indirectly, or contingently obligate the state or the city to levy or to pledge any form of taxation whatsoever for the payment of such revenue bonds or to make any appropriation for their payment. All revenue bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the authority and the city to enter into an intergovernmental contract pursuant to which the city agrees to pay amounts sufficient to pay operating charges and other costs of the authority or any project including, without limitation, the principal of and interest on revenue bonds, in consideration for services, facilities, or equipment of the authority.

SECTION 11. Same; trust indenture as security.

In the discretion of the authority, any issuance of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

company or bank having the powers of a trust company within or without the state. Such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition and construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all monies.

SECTION 12. Same; remedies of bondholders.

Any holder of revenue bonds and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights it may have under the laws of the state, including specifically, but without limitation, the Revenue Bond Law, or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished.

SECTION 13. Same; validation.

Revenue bonds and the security therefor shall be issued, confirmed, and validated in accordance with the provisions of the Revenue Bond Law. The petition for validation shall also make the city party defendant to such action if the city has contracted with the authority for services or facilities relating to the project for which revenue bonds are to be issued and sought to be validated, and such defendant shall be required to show cause, if any exists, why such contract or contracts shall not be adjudicated as a part of the basis for the security for the payment of any such revenue bonds. The revenue bonds when validated, and the judgment of validation, shall be final and conclusive with respect to such revenue bonds and the security for the payment thereof and interest thereon and against the authority and all other defendants.

SECTION 14. Same; interest of bondholders protected.

While any of the revenue bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or its officers, employees, or agents, shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the

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holders of such revenue bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interest and rights of the holders of such revenue bonds. The provisions of this Act shall be for the benefit of the authority and the holders of any such revenue bonds under the provisions hereof shall constitute a contract with the holders of such revenue bonds.

SECTION 15. 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 DeKalb County, Georgia, and any action pertaining to validation of any revenue bonds issued under the provisions of this Act shall likewise be brought in such court, which shall have exclusive, original jurisdiction of such actions.

SECTION 16. Monies received considered trust funds.

All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

SECTION 17. Tort immunity.

To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as the city. The officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the city when in the performance of their public duties or work of the city.

SECTION 18. Tax exemption.

The income of the authority, the properties of the authority, both real and personal, and all revenue bonds, certificates of participation, notes, and other forms of obligations issued by the authority shall be exempt from all state and local taxes and special assessments of any kind in accordance with the laws of the state.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 19. Rates, charges, and revenues; use.

The authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished, and in anticipation of the collection of the revenues, to issue revenue bonds, certificates of participation, notes, or other types of obligations as herein provided to finance, in whole or in part, the costs of the project, and to pledge to the punctual payment of such revenue bonds or other obligations, all or any part of the revenues.

SECTION 20. Effect on other governments.

This Act shall not and does not in any way take from the city or any political subdivision the right to own, operate, and maintain public facilities or to issue revenue bonds as provided by the Revenue Bond Law.

SECTION 21. Liberal construction of act.

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

SECTION 22. Severability; effect of partial invalidity of act.

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

SECTION 23. Effective date.

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

SECTION 24. Repealer.

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

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3525

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is hereby given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to provide for the ++ creation and establishment of a City of Decatur Public Facilities Authority ++ 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 2nd of February in the year 2017; 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 7th of February, 2017, Before me:

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

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Approved March 17, 2017.

__________

CITY OF WAYCROSS CORPORATE LIMITS.

No. 11 (House Bill No. 348).

AN ACT

To amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved March 23, 2015 (Ga. L. 2015, p. 3513), so as to change the corporate limits of such municipality; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved March 23, 2015 (Ga. L. 2015, p. 3513), is amended by revising Section 3.1 as follows:

"SECTION 3.1. (a) Except as otherwise provided in subsection (b) of this section, the corporate limits of the City of Waycross shall not include any territory within the boundaries of Pierce County. (b) The following area shall be included in the corporate limits of the City of Waycross:

TRACT 1 All those certain lots or parcels of land situate, lying and being in Land Lot 118 of the 8th Land District of Pierce County, Georgia, located in the subdivision known as THE BLUFFS OF SATILLA and being shown and delineated on a plat of same prepared by E. Kirby Holton, R.L.S. No. 2944, dated September 17, 2007, and recorded in the Office of the Clerk of Superior Court of Pierce County, Georgia in Plat Book 19, Page 120, and designated on said plat as LOTS 1 THROUGH 43, "AMMENITIES LOT" and OUTPARCEL #2 4.49 ACRES", including the streets as shown on said plat which are currently known as "Satilla Bluffs", "Plantation Pines Drive" and "Oak Hammock".

TRACT 2 Commence at the Northeast corner of Land Lot 118 of the 8th Land District of Pierce County Georgia; run South 03 26' 33" West along the east line of said Land Lot 118, a distance of 953.30 ft. to an iron rod and the Point of Beginning; thence continuing South 03 26' 33" West 3712.53 ft. to a railroad iron; thence North 89 15' 53" West 566.95 ft.

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to a railroad iron; thence North 89 21'00" West 908.68 ft. to the easterly and northerly bank of the Big Satilla River; thence North and Northwest along said bank of the Big Satilla River the following courses and distances North 22 48'23" West 501.71 ft.; North 47 01' 31" West 306.52 ft.; North 72 01' 06" West 421.97 ft.; South 47 57'31" West 122.28 ft.; North 78 41' 59" West 318.60 ft.; North 31 30' 23" West 223.79 ft. to a point; thence North 48 13' 06" East 4075.08 ft. to the Point of Beginning; containing 133.415 acres, more or less being located in Pierce County, Georgia, and designated as Tract No. 1 on plat of survey prepared by Theodore Frisbie, Land Surveyor, dated August 5, 1980 and recorded in Plat Book 10, Page 52 in the office of the Clerk of Superior Court of Pierce County, Georgia; said plat being incorporated by reference for all proper 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 2017 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Chad Nimmer, Representative from District 178, 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 9th of February in the year 2017; 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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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(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/ CHAD NIMMER Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 13th of February, 2017, Before me:

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

Approved March 24, 2017.

__________

CITY OF DOUGLAS MAYOR; FILLING VACANCY.

No. 13 (House Bill No. 295).

AN ACT

To amend an Act providing a new charter for the City of Douglas, approved March 10, 1993 (Ga. L. 1993, p. 4022), as amended, particularly by an Act approved May 6, 2009 (Ga. L. 2009, p. 3776), so as to revise the provisions for the filling of vacancies in the office of mayor; 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 Douglas, approved March 10, 1993 (Ga. L. 1993, p. 4022), as amended, particularly by an Act approved May 6, 2009 (Ga. L. 2009, p. 3776), is amended by revising subsection (a) of Section 2.15 as follows:
"(a)(1) In the event that the office of mayor shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized

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by this charter or the general laws of the State of Georgia and there are six months or less remaining in such person's term of office, the city commission or those remaining shall appoint a qualified individual to fill the balance of the unexpired term of such person. In the event that there are more than six months remaining in such person's term of office, the vacancy shall be filled by special election called and held in accordance with Code Section 21-2-540 of the O.C.G.A. (2) In the event that the office of commission member shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia and there is one year or less remaining in such person's term of office, the city commission or those remaining shall appoint a qualified individual to fill the balance of the unexpired term of such person. In the event that there is more than one year remaining in such person's term of office, the vacancy shall be filled by special election called and held in accordance with Code Section 21-2-540 of the O.C.G.A. (3) In the event that all seats on the commission are vacant, such vacancies shall be filled in accordance with the provisions of Code Section 36-30-13 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 2017 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Douglas, approved March 10, 1993 (Ga. L. 1993, p. 4022), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Dominic LaRiccia, Representative from District 169, 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 Douglas Enterprise, which is the official organ of Coffee County, on the 1st of February in the year 2017; 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/ DOMINIC LARICCIA Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of February, 2017, Before me:

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

Approved March 29, 2017.

__________

CITY OF DORAVILLE TAX LEVIES.

No. 14 (House Bill No. 595).

AN ACT

To amend an Act reincorporating the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, particularly by an Act approved April 20, 2011 (Ga. L. 2011, p. 3621), so as to change certain provisions relating to tax levies; 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 reincorporating the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, particularly by an Act approved April 20, 2011 (Ga. L. 2011, p. 3621), is amended by revising Section 4.03 as follows:

"SECTION 4.03. Tax levy.

Be it further enacted that the council shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the city for the purposes of raising revenues to defray the costs of operating the city government, providing governmental services, and for other public purposes as determined by the council in its discretion. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. Said ad valorem tax levy, except such as may be made for bonded indebtedness, shall not exceed ten mills; provided, however, that an ad valorem tax within a special district created under the authority of Article IX, Section II, Paragraph VI(c) of the Constitution of Georgia may be levied without limitation as to rate."

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 the City of Doraville intends to introduce a local bill in the 2017 General Assembly, enabling an amendment to Section 4.03 of the Doraville City Charter. Said amendment would eliminate the ad valorem millage cap for special service and/or special tax districts.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Tom Taylor, Representative from District 79, 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 9th of March in the year 2017; and

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(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 TAYLOR Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 15th of March, 2017, Before me:

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

Approved April 5, 2017.

__________

COOK COUNTY PROBATE COURT; JURISDICTION.

No. 21 (House Bill No. 573).

AN ACT

To provide that the judge of the Probate Court of Cook County shall have jurisdiction to try misdemeanor cases arising in the county where the defendant waives a jury trial and pleads guilty to such misdemeanor; 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. The judge of the Probate Court of Cook County shall have jurisdiction to try misdemeanor cases arising in the county where the defendant waives a jury trial and pleads guilty to such misdemeanor. The jurisdiction provided under this section shall apply only to such misdemeanor violations which are not within the jurisdiction of the magistrate court pursuant to Chapter 10 of Title 15 of the O.C.G.A., or any other applicable general 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 2017 session of the General Assembly of Georgia a bill to modify the jurisdiction of the judge of the Probate court of Cook County 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 Adel News-Tribune, which is the official organ of Cook County, on the 1st of March in the year 2017; 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

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 10th of March, 2017, Before me:

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

Approved April 20, 2017.

__________

EMANUEL COUNTY EMANUEL COUNTY DEVELOPMENT AUTHORITY; MEMBERSHIP AND QUALIFICATIONS; OBLIGATIONS.

No. 53 (House Bill No. 130).

AN ACT

To amend an Act to implement the Constitutional amendment creating the "Emanuel County Development Authority," approved March 27, 1965 (Ga. L. 1965, p. 2770), as amended, particularly by an Act approved April 13, 1982 (Ga. L. 1982, p. 4861) and an Act approved March 30, 1993 (Ga. L. 1993, p. 4324), so as to change the number of members serving on the Authority; to change the qualifications to serve as members of the Authority; to increase the number of years that the Authority may obligate itself contractually and issue bonds; 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 implement the Constitutional amendment creating the "Emanuel County Development Authority," approved March 27, 1965 (Ga. L. 1965, p. 2770), as amended, particularly by an Act approved April 13, 1982 (Ga. L. 1982, p. 4861) and an Act approved March 30, 1993 (Ga. L. 1993, p. 4324), is amended by revising Section 4 as follows:

"SECTION 4. (a) The Authority shall consist of seven members appointed by the governing Authority of Emanuel County. Those five members of the Authority as such serving in those offices

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on January 1, 2017, and any person appointed to fill a vacancy in any such office, shall continue to serve the remainder of their current six-year terms, with two members' terms expiring on June 30, 2018, two members' terms expiring on June 30, 2020, and one member's term expiring on June 30, 2022. The two additional members of the Authority shall be appointed no later than June 30, 2017, for initial terms of office that shall expire on June 30, 2022. After the expiration of these initial terms, the terms of office of all members shall continue as staggered terms of six years. If at the end of any term of any member a successor to such member has not been appointed, the member whose term of office has expired shall continue to hold office until that person's successor is appointed. (b) All members who have served on said Authority shall be eligible for reappointment to succeed themselves if they are reappointed by said governing Authority designated by this Act to appoint them. Members of the Authority shall be citizens of the United States who have attained the age of 21 years, and who shall have been citizens of this State for two years, and shall either be a resident of or the owner of real property located in Emanuel County immediately preceding his or her appointment as a member of the Authority. No member of the Authority shall simultaneously serve as either a member of the governing Authority of Emanuel County or an employee of such county. Should any member resign, be unable to serve, move beyond the territorial limits of Emanuel County as it is now situated or may hereafter be situated or cease to own real property located in Emanuel County as it is now situated or may hereafter be situated, or should there be an Authority member vacancy for any reason, the successor shall be appointed to serve the remaining term of such member by the governing Authority of Emanuel County. Prior to taking office, each member shall subscribe to the following oath, to wit: 'I do solemnly swear that I will fully and faithfully perform the duties as a member of the Emanuel County Development Authority, So Help Me God.' The members of said Authority shall be entitled to no compensation. Any four members shall constitute a quorum for the transaction of ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than four affirmative votes. No vacancy shall impair the power of the Authority to act."

SECTION 2. Said Act is further amended by revising paragraph (6) of Section 11 as follows:
"(6) To enter into any contract or contracts for any period of time not exceeding 40 years;"

SECTION 3. Said Act is further amended by revising Section 12 as follows:

"SECTION 12. The acquisition, construction, improvement, betterment, expansion, or extension of any undertaking or project of the Authority, and the issuance in anticipation of the collection

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of revenues of such undertaking or project, of bonds to provide funds to pay the whole or part of the cost thereof may be authorized by resolution or resolutions of the Authority that may be adopted at a regular or special meeting of a majority of the members of the Authority. Unless otherwise provided therein, such resolution or resolutions shall take effect immediately and need not be laid over or published or posted. The Authority in determining the cost of any undertaking or project for which revenue bonds are to be issued may include all costs as hereinbefore defined. Such bonds shall bear such date or dates, mature at such time or times, not exceeding 40 years from their respective dates, bear interest at such rate or rates as established by the Authority, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments, and conditions as the resolution or resolutions authorizing the issuance of such bonds may provide. Except as herein provided to the contrary, such bonds shall be issued and validated in the Superior Court of Emanuel County, Georgia, in the same manner as revenue bonds of municipalities are issued and validated under the Revenue Bond Law (Ga. L. 1937, p. 761; Article 3 of Chapter 82 of Title 36 of the O.C.G.A.) as the same is now or may hereafter be amended. In the proceedings to validate such bonds, the County of Emanuel and the Emanuel County Development Authority shall be named as party defendants. In the event no bill of exceptions is filed within the time prescribed by law, or if filed, the judgment validating the bonds shall be affirmed by the Supreme Court of Georgia, such judgment shall be forever conclusive as to the validity of such bonds and the security therefor against said Authority."

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 2017 session of the General Assembly of Georgia a bill to amend an Act to implement the Constitutional amendment creating the "Emanuel County Development Authority," approved March 27, 1965 (Ga. L. 1965, p. 2770), as amended; 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.

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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 Forest-Blade, which is the official organ of Emanuel County, on the 11th of January in the year 2017; 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 24th of January, 2017, Before me:

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

Approved May 1, 2017.

__________

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UPPER OCONEE BASIN WATER AUTHORITY ABOLISH UPPER OCONEE RESOURCE MANAGEMENT COMMISSION; COMPOSITION OF BOARD.

No. 60 (House Bill No. 168).

AN ACT

To amend an Act creating the Upper Oconee Basin Water Authority, approved April 14, 1994 (Ga. L. 1994, p.5123), so as to abolish the Upper Oconee Resource Management Commission; to remove all references to same; to modify the composition of the Authority's 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 Upper Oconee Basin Water Authority, approved April 14, 1994 (Ga. L. 1994, p.5123), is amended by revising paragraph (3) of subsection (a) of Section 5 as follows:
"(3) Reserved."

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

"Section 6. Board. (a) The Authority shall be governed by a board which shall exercise all powers and duties of the Authority. The board shall manage the operations of the Authority, and shall perform such other functions that may be provided for or authorized by law. (b) The board of the Authority shall be comprised of the following members having a total of six votes:
(1) One board member shall be the chief elected official of each member county, unless such official notifies the governing authority of that county that such official does not wish to serve on the board, in which event that governing authority shall appoint one of its members to serve on the board in place of that chief elected official. Each such member shall have one vote. This group of board members shall collectively have four votes. (2) One board member shall be appointed by the governing authority of each member county. Each such member shall have a proportion of one vote as prescribed in the vote apportionment formula. The member appointed pursuant to this paragraph may be an elected official of the member county's governing authority, an employee of the member county's governing authority, a board member or employee of a related public entity

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within the member county, a business owner within the member county, or a citizen of the member county as determined by the governing authority. This group of four members shall in combination have one vote. (3) One board member shall be appointed by the previously identified eight members (five votes) of the board, which member must be a resident of one of the member counties, and who shall have one vote. (4) No member county shall have more than two and one half votes on the board. Each board member must reside within a member county or have a principal place of business within the boundary of a member county. (c) The regular terms of chief elected officials serving on the board, pursuant to paragraph (1) of subsection (b) of this section, shall be concurrent with their terms of office. The regular term of any elected official other than the chief elected official appointed to the board pursuant to paragraph (1) or (2) of subsection (b) of this section shall be for one year or until the end of that individual's elected term, whichever occurs first. The regular term of any nonelected official appointed to the board pursuant to paragraph (2) of subsection (b) of this section shall be for one year. The initial and regular term of the member of the board appointed pursuant to paragraph (3) of subsection (b) of this section shall be for a period of two years. Vacancies on the Authority shall be filled in the same manner as the original appointment to the position vacated. (d)(1) A majority of the total votes of the members of the board shall constitute the quorum necessary for a meeting of the board. A majority of the quorum present shall be necessary to approve matters coming before the board, except that any of the following matters shall require a majority of the total votes of the board plus one additional vote:
(A) Purchases or contracts in excess of an amount established by the board of the authority; (B) Authorization for the issuance of bonds; (C) Acquisition of property by condemnation; or (D) The employment or removal of the executive director. (2) The board members shall elect a chairperson and vice chairperson from among the members thereof and shall also elect a secretary-treasurer who need not be a member of the board. (e) The chief elected official who is a member of the board pursuant to paragraph (1) of subsection (b) of this section shall designate a member of the governing authority of his or her respective county as his or her alternate. In the event that a chief elected official of a member county elects not to serve on the board and the governing authority of the member county has appointed one of its members to serve on the board in place of the chief elected official, said governing authority shall designate another of its members as the alternate for that board member. A county governing authority which appoints a county governing authority elected official, county government employee, board member or employee of a related public entity, local business owner, or county citizen to the board as its proportional vote shall designate another county governing authority elected official, county government

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

employee, board member or employee of a related public entity, local business owner, or county citizen as an alternate for that board member. An alternate is authorized to attend meetings of the board when the board member for whom the alternate is designated so requests and is further authorized to vote, on behalf of the board member, on any issue coming before the board at such meetings. (f) Members of the board shall serve on the board without compensation, but may be reimbursed by the Authority for their actual expenses properly incurred in the performance of their duties. (g) The board is authorized to enact bylaws to govern its meetings, attendance and the removal of members for nonattendance, voting, quorum and voting requirements, and other matters relating to the conduct of its affairs not inconsistent with the provisions of this Act. (h) The board shall meet on at least a quarterly basis. The board at the last regular board meeting each fiscal year shall adopt a schedule for its regular board meetings for the upcoming fiscal year. A notice providing the dates of the regular board meetings for the upcoming fiscal year shall be published in a newspaper of general circulation within each member county at least one week prior to the date of the first regular board meeting of that fiscal year."

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

"Section 9. Reserved."

SECTION 4. Said Act is further amended by revising Section 13 as follows:

"Section 13. Authority members not to be interested in contracts. The Authority is prohibited from entering into a contract for the purchase of goods, property, or services with any individual who serves on the board of the Authority, or is that individual's employer, partner, principal, agent, servant, or employee, nor shall the Authority enter into any contract in which such individual is financially interested, directly or indirectly. No individual who serves on the board of the Authority, nor that individual's partner, employer, principal, agent, servant, or employee, shall enter into any contract with the Authority or sell to the Authority any goods, property, or service; provided, however, this section shall not apply to goods or services purchased from any public utility which is regulated by the Georgia Public Service Commission, nor to goods or services purchased from any county, municipal corporation, consolidated government, public authority, or this state. Any contract made in violation of this section shall be void."

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

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act creating the Upper Oconee Basin Water Authority, approved April 14, 1994 (Ga. L. 1994, p.5123); and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Regina Quick, Representative from District 117, 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 Oconee Enterprise, which is the official organ of Oconee County, on the 20th of January in the year 2017; 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/ REGINA M. QUICK Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 25th of January, 2017, 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 1, 2017.

__________

CHARLTON COUNTY JUDGE OF PROBATE COURT; NONPARTISAN ELECTION.

No. 61 (House Bill No. 169).

AN ACT

To provide that future elections for the office of probate judge of Charlton County, who also serves as chief magistrate of the Magistrate Court of Charlton County, shall be nonpartisan elections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. All elections for the office of probate judge of Charlton County, who also serves as chief magistrate of the Magistrate Court of Charlton County, conducted after the effective date of this Act shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. Such nonpartisan elections shall be conducted at the general nonpartisan election immediately preceding the expiration of the term of such office and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 2. Nothing in this Act shall affect the term of office of the probate judge of Charlton County, who also serves as chief magistrate of the Magistrate Court of Charlton County, in office on the effective date of this Act. The sitting judge shall serve out the term of office for which he or she was elected and shall be eligible to succeed himself or herself as provided in this Act.

SECTION 3. This Act shall become effective January 1, 2018.

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 2017 session of the General Assembly of Georgia a bill to provide that future elections for the office of probate judge of Charlton County, who also serves as chief magistrate of the Magistrate Court of Charlton County, shall be nonpartisan elections; 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 Charlton County Herald, which is the official organ of Charlton County, on the 25th of January in the year 2017; 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 30th of January, 2017, Before me:

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

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My Commission Expires December 29, 2018 [SEAL]

Approved May 1, 2017.

__________

MERIWETHER COUNTY MERIWETHER COUNTY WATER AND SEWERAGE AUTHORITY; CHANGE MEMBERSHIP FROM POSTS TO DISTRICTS; CHANGE METHOD OF DESIGNATION OF CHAIRPERSON.

No. 62 (House Bill No. 171).

AN ACT

To amend an Act to create the Meriwether County Water and Sewerage Authority, approved April 17, 1975 (Ga. L. 1975, p. 3194), so as to change the designation of members of the Authority from serving on posts to serving for districts; to change the method of designation of the chairperson 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 to create the Meriwether County Water and Sewerage Authority, approved April 17, 1975 (Ga. L. 1975, p. 3194), is amended by revising Section 2 as follows:

"Section 2. Meriwether County Water and Sewerage Authority. There is hereby created a body corporate and politic, to be known as the Meriwether County Water and Sewerage Authority, which shall be deemed to be a political subdivision of the State of Georgia, and a public corporation and by that name, style and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of five members whose positions shall be designated as Districts One through Five, with each such District member corresponding to members of Posts One through Five, respectively, as those Posts existed on January 1, 2017. All members shall be residents of the county, and all members shall be appointed by the Board of Commissioners of Meriwether County.

All members selected and appointed shall serve for a term of four years and until their successors have been selected and appointed. Any member of the Authority may be selected and appointed to succeed himself or herself. Immediately after such appointments,

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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 termination of membership resulted in such vacancy, and the person so selected and appointed shall serve for the remainder of the unexpired term. The Authority shall elect one of its members as chairperson and one of its members as vice chairperson, and it may also elect a secretary and treasurer, either of whom need not be a member of the Authority, and if not a member he or she shall have no voting rights. Three members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall be compensated as determined from time to time by the governing body of Meriwether County; however, it is expressly provided that they shall be reimbursed for all actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act to create the Meriwether County Water and Sewer Authority, approved April 17, 1975 (Ga. L. 1975, p. 3194); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Robert Trammell, Jr. , Representative from District 132nd, 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 27th of January in the year 2017; 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/ ROBERT TRAMMELL, JR. Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 30th of January, 2017, Before me:

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

Approved May 1, 2017.

__________

CITY OF DAHLONEGA HOTEL/MOTEL TAX.

No. 63 (House Bill No. 172).

AN ACT

To authorize the governing authority of the City of Dahlonega 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 Dahlonega 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 Resolution No. 2016-15 by the governing authority of the City of Dahlonega on December 5, 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 Dahlonega:
(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 Dahlonega; 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 2017 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Dahlonega 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, Kevin Tanner, Representative from District 9, 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 Dahlonega Nugget, which is the official organ of Lumpkin County, on the 25th of January in the year 2017; 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 TANNER Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 30th of January, 2017, Before me:

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

Approved May 1, 2017.

__________

GEORGIA LAWS 2017 SESSION

3549

BEN HILL COUNTY COUNTY SURVEYOR; ABOLISH ELECTED POSITION; PROVIDE FOR APPOINTMENT OF COUNTY SURVEYOR.

No. 66 (House Bill No. 191).

AN ACT

To abolish the office of elected county surveyor of Ben Hill 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 out 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 Ben Hill County is hereby abolished. The governing authority of Ben Hill 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 O.C.G.A. Any person elected and serving as the county surveyor of Ben Hill County on July 1, 2017, shall continue to serve as such until the expiration of the current term to which such person was elected and no further elections shall be held for such office.

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 2017 session of the General Assembly of Georgia a bill to abolish the office of elected county surveyor of Ben Hill 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

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out the remainder of his or her term; to provide for related matters; to provide an effective date; 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 Herald-Leader, which is the official organ of Ben Hill County, on the 18th of January in the year 2017; 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/ CLAY PIRKLE Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 30th of January in the year 2017, Before me:

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

Approved May 1, 2017.

GEORGIA LAWS 2017 SESSION

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COWETA COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION.

No. 69 (House Bill No. 219).

AN ACT

To create a board of elections and registration for Coweta County and to provide for its powers and duties; to define certain terms; to provide for the composition of the board and the selection, qualifications, and terms of its members; to provide for the resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve a certain board and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and officers and to provide for the repeal of the local act related thereto; to provide for meetings and procedures; to provide for an elections supervisor and the powers and duties of such elections supervisor; to provide for board employees and their compensation; to provide for expenditures of public funds for certain purposes; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for contracts; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. As used in this Act, the term:
(1) "Board" means the Coweta County Board of Elections and Registration. (2) "Commissioners" means the Coweta County Board of Commissioners. (3) "County" means Coweta County. (4) "Election," "elector," "primary," and "public office" shall have the same meanings as ascribed to those terms by Code Section 21-2-2 of the O.C.G.A., unless otherwise clearly apparent from the text of this Act.

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

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board of registrars of Coweta County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 3. (a) The board shall be composed of five members, each of whom shall be an elector of the county and who shall be appointed by the commissioners. (b) The initial members of the board shall be appointed for terms of office beginning July 1, 2017. All members of the board shall be appointed by the Coweta County Board of Commissioners. The commissioners shall designate two of the initial members to serve for a term ending on December 31, 2018, and three of the initial members to serve for a term ending on December 31, 2020, and until their respective successors are appointed and qualified. The subsequent terms shall be for a four-year period, and until successors are appointed and qualified. (c) No person who holds or qualifies as a candidate for elective public office shall be eligible to serve as a member of the board during the term of such office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office.

SECTION 4. (a) The appointment of each member shall be made by the commissioners filing an affidavit with the clerk of the superior court no later than 30 days preceding the date upon which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars. (b) If the commissioners do not certify in conformity with this Act an appointment to the board within 30 days after the beginning of a term of office or within 30 days after the creation of a vacancy in that office, then the judge of the Probate Court of Coweta County shall immediately fill the vacancy by making the appointment and shall certify it as provided in this section. Any person appointed to fill a vacancy shall serve out the unexpired term of the office.

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

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

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

SECTION 8. On July 1, 2017, the board of registrars of Coweta County and the board of elections of Coweta County shall be relieved of all powers and duties to which the board succeeds by the provisions of this Act. They shall deliver thereafter to the chairperson of the board, upon his or her written request, custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. At such time, the board of registrars of Coweta County and the board of elections of Coweta County shall stand abolished, and an Act providing a board of elections for Coweta County, approved June 4, 2003, (Ga. L. 2003, p. 4716), shall stand repealed.

SECTION 9. The board shall be authorized and empowered to organize itself, elect its officers, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of the elections supervisor, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. Action and decision by the board shall be by a majority of the members of the board present at any meeting at which there is a quorum. Every year, the board shall elect one of its members to serve as chairperson for a one-year term.

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

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

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

SECTION 13. With the consent of the commissioners, the board shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other material designed to inform and instruct adequately the electors of the county with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support for any political issue or matter of political concern.

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

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

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SECTION 16. The board shall have the authority to contract with any municipality located within the county for the holding by the board of any primary or election to be conducted within the municipality and to contract as otherwise necessary for conduction of an election; provided, however, that any such contract shall be approved and ratified by the governing authority of the county.

SECTION 17. (a) For the purposes of making initial appointments to the board, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) For all other purposes, this Act shall become effective on July 1, 2017.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to create a board of elections and registration for Coweta County and to provide for its powers, duties, and operation; to relieve a certain board and officers of certain powers and duties, and provide for the transfer of certain items to the newly created board; to abolish a certain board and officers and to provide for the repeal of the local act related thereto; to provide for related matters; to provide effective dates; and for other purposes.
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 12th of January in the year 2017; 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/ LYNN SMITH Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 31st of January, 2017, Before me:

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

Approved May 1, 2017.

__________

CHATHAM COUNTY CHATHAM COUNTY URBAN DEVELOPMENT AUTHORITY; CREATION.

No. 70 (House Bill No. 480).

AN ACT

To create the Chatham County Urban Development Authority; to provide a short title; to provide for findings and determinations; to define certain terms; to provide for a board of trustees, appointment of members, and meetings; to provide for powers and duties; to authorize the issuance of revenue bonds of the authority and to authorize the collection for the payment of such revenue bonds; to make the revenue bonds of the authority exempt from taxation; to fix and provide the venue and jurisdiction of actions relating to the authority; to provide for the validation of bonds; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Short title.

This Act shall be known and may be cited as the "Chatham County Urban Development Authority Act."

SECTION 2. Legislative findings and determinations.

(a) It is found, determined, and declared that areas within Chatham County are faced with urban blight and deterioration problems which include:
(1) Vacant and dilapidated retail buildings; (2) Declining retail sales; (3) Deteriorated and dilapidated residential and commercial buildings; (4) Parking and traffic problems; (5) Loss of historic structures; (6) Inappropriate mixtures of land use; and (7) Aesthetic deterioration. (b) It is further found and determined that public and private agencies are less effective in dealing with the problems of economic decline and physical deterioration because programs are not coordinated, evaluated, and administered in a systematic manner under a comprehensive plan. (c) It is further found and determined that the citizens of Chatham County are deeply concerned about these problems of blight and deterioration and seek a comprehensive approach in developing solutions to, and attracting and facilitating investments to remedy, such problems. (d) Because of the findings and determinations described in subsections (a) through (c) of this section, it is further found that there is a need for the creation of a public authority to promote economic revitalization and community development throughout economically distressed communities within the boundaries of Chatham County. It is further found that such a public authority should cooperate with public and private agencies in implementing and carrying out revitalization and community development plans, and that such public authority should exercise additional powers and duties as provided in this Act in connection with the carrying out of such plans. (e) It is further found, declared, and determined that the creation of the public authority provided for in this Act and the carrying out of its corporate purposes are, in all respects, valid public purposes within the provisions of the Constitution of Georgia and that developing more effective methods, programs, and services to deal with the problems of blight and deterioration of economically distressed communities are of vital importance not only to Chatham County but also to other communities throughout Georgia as a demonstration project for solving similar problems.

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SECTION 3. Chatham County Urban Development Authority.

(a) There is created a public body corporate and politic to be known as the "Chatham County Urban Development Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The authority shall be governed by a board of trustees consisting of five members, including a chairperson. The chairperson shall be entitled to vote on any matter coming before the authority and shall be selected by majority vote of the Chatham County Delegation to the General Assembly of Georgia. Two members shall be appointed by majority vote of the Chatham County Delegation to the General Assembly of Georgia. Two members shall be appointed by the governing authority of Chatham County. Members shall serve terms of four years and until the appointment and qualification of his or her successor. (c) The chairperson shall appoint one member to serve as vice chairperson. The members shall elect one member to serve as secretary. (d) Each member of the authority shall be a resident of Chatham County at the time of appointment and while holding office as a member of the authority. (e) Members of the authority shall receive no compensation for serving on the authority but may be reimbursed for actual and necessary expenses incurred by them in the carrying out of their official duties. (f) If the seat of a member of the authority becomes vacant because of death, resignation, or forfeiture, or for any other reason, such vacancy shall be filled for the unexpired term in the same manner that an appointment is made for a full term as provided in this section.

SECTION 4. Definitions.

As used in this Act, the term: (1) "Authority" means the Chatham County Urban Development Authority created by this Act. (2) "Board" means the board of trustees of the Chatham County Urban Development Authority. (3) "Community development project" means a project developed by the authority to promote investment for economically distressed communities within Chatham County. Such project shall be designed according to the specific problems and needs of the area addressed and may, without limitation, be designed to eliminate blight, encourage the establishment or growth of commercial endeavors, or improve the quality of life in such area through the creation of commercial centers, affordable housing, parks, and recreation facilities and programs.

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(4) "Costs of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agents, accounting, and legal expenses, plans, specifications, and other expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing herein authorized; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (5) "Project" includes any undertaking permitted by the revenue bond law. (6) "Revenue bond law" means the revenue bond laws of the State of Georgia found at Article 3 of Chapter 82 of Title 36 of the O.C.G.A. or any other similar law hereinafter enacted. (7) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act. (8) "Self-liquidating" means any project which the revenues and earnings to be derived by the authority therefrom, including, but not limited to, any contractual payments with governmental or private entities, and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the costs of operating, maintaining, and repairing the project and to pay the principal and interest on the revenue bonds or other obligations which may be issued for the purpose of paying the costs of the project. (9) "State" means the State of Georgia.

SECTION 5. Powers.

The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (3) To accept loans or grants of money or materials or property of any kind from the state or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the state or such agency or instrumentality or political subdivision may require; (4) To accept loans or grants of money or materials or property of any kind from private corporations, individuals, and entities, upon such terms and conditions as such private corporations, individuals, and entities may require; (5) To administer funds under its control so as to engage in community development projects;

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(6) To acquire by purchase, lease, gift, condemnation, or otherwise, and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (7) To coordinate the activities of federal, state, local, and private entities to pursue community development projects; (8) To contract for the construction of buildings and facilities and to use, sell, or lease such buildings and facilities to accomplish the purposes of the authority; (9) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of, or dispose of, the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act, except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrances; (10) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (11) To execute contracts, leases, installment sale agreements, and other agreements and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of a project; and any and all persons, firms and corporations, Chatham County, and the City of Savannah, Georgia, are authorized to enter into contracts, leases, installment sale agreements, and other agreements or instruments with the authority upon such terms and for such purposes as they deem advisable and as they are authorized by law; (12) To acquire, construct, add to, extend, improve, equip, hold, operate, maintain, lease, and dispose of projects; (13) To pay the costs of the project with the proceeds of revenue bonds or other obligations issued by the authority or from any grant or contribution from the United States of America or any agency or instrumentality thereof or from the state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (14) To borrow money for any of its corporate purposes and to issue revenue bonds, and to provide for the payment of the same and for the rights of the holders thereof;

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(15) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness; (16) To promote and advocate programs and activities needed within economically distressed communities to maintain, revitalize, and improve aesthetic, residential, and business quality and health within such areas; (17) To assist property owners and prospective tenants in obtaining development loans; (18) To assist business property owners in marketing and leasing their properties; and (19) To do all things necessary or convenient to carry out the powers expressly given in this Act.

SECTION 6. Meetings and public hearings.

The board shall meet at the call of the chairperson and not less than one time during each calendar quarter. At the direction or incapacitation of the chairperson, the vice chairperson may call a meeting of the authority and preside at meetings thereof. A quorum of the board shall be at least three members present. The powers and duties of the authority shall be transacted, exercised, and performed only pursuant to the affirmative vote of at least a majority of a quorum.

SECTION 7. Revenue bonds.

The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have the power and is authorized to provide, by resolution, for the issuance of revenue bonds of the authority for the purpose of paying all or any part of the costs of the project and for the purpose of refunding revenue bonds or other obligations previously issued. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided for such payment. The revenue bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, shall be payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of such revenue bonds.

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SECTION 8. Same, form, denomination, registration, place of payment.

The authority shall determine the form of the revenue bonds and shall fix the denomination or denominations of the revenue bonds. The revenue bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for registration and exchangeability privileges. The authority shall fix the place or places of payment of principal and interest thereon.

SECTION 9. Same, signatures, seal.

All such revenue bonds shall bear the manual or facsimile signature of the chairperson or vice chairperson of the authority and the attesting manual or facsimile signature of the secretary of the authority, and the official seal of the authority shall be impressed or imprinted thereon. Any coupons attached thereto shall bear the manual or facsimile signatures of the chairperson or vice chairperson and the secretary of the authority. Any revenue bonds or coupons attached thereto may bear the manual or facsimile signature of such persons as at the actual time of the execution of such revenue bonds or coupons shall be duly authorized or hold the proper office, although at the date of issuance of such revenue bonds such person may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any revenue bond or any coupon shall cease to be such officer before the delivery of such revenue bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if that person had remained in office until such delivery.

SECTION 10. Same, negotiability, exemption from taxation.

All revenue bonds shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of the state. All revenue bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state.

SECTION 11. Same, sale, price, proceeds.

The authority may sell revenue bonds in such manner and for such price as it may determine to be in the best interest of the authority. The proceeds derived from the sale of revenue bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such revenue bonds.

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SECTION 12. Same, interim receipts and certificates or temporary bonds.

Prior to the preparation of any definitive revenue bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary revenue bonds, with or without coupons, exchangeable for definitive revenue bonds upon the issuance of the latter.

SECTION 13. Same, replacement of lost or mutilated bonds.

The authority may provide for the replacement of any revenue bonds or coupons which shall become mutilated or be destroyed or lost.

SECTION 14. Same, conditions precedent to issuance.

The authority shall adopt a resolution authorizing the issuance of revenue bonds. In the resolution, the authority shall determine that the project financed with the proceeds of the revenue bonds is self-liquidating. Revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members.

SECTION 15. Credit not pledged.

Revenue bonds shall not be deemed to constitute a debt of Chatham County or the City of Savannah, Georgia, nor a pledge of the faith and credit of the county or city, but such revenue bonds shall be payable solely from the fund provided for in this Act. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the county or city to levy or to pledge any form of taxation whatsoever for payment of such revenue bonds or to make any appropriation for their payment, and all such revenue bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the authority and any political subdivision or municipality to enter into an intergovernmental contract pursuant to which the political subdivision or municipality agrees to pay amounts sufficient to pay operating charges and other costs of the authority or any project including, without

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limitation, the principal of and interest on revenue bonds in consideration for services or facilities of the authority.

SECTION 16. Trust indenture as security.

At the discretion of the authority, any issuance of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside the state. Either the resolution providing for the issuance of the revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition and construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys.

SECTION 17. To whom proceeds of bonds shall be paid.

In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the revenue bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes thereof subject to such regulations as this Act and such resolution or trust indenture may provide.

SECTION 18. Sinking fund.

The moneys received pursuant to an intergovernmental contract and the revenues, fees, tolls, charges, and earnings derived from any particular project or projects, regardless of whether or not such revenues, fees, tolls, fines, charges, and earnings were produced by a particular project for which revenue bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the revenue bonds or in the trust indenture may provide, and such funds so pledged from whatever source received shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund; and such sinking fund shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal or purchase price of such revenue bonds as the same shall fall due; (3) Any premium upon such revenue bonds as the same shall fall due;

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(4) The purchase of such revenue bonds in the open market; and (5) The necessary charges of the paying agent for paying principal and interest. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another.

SECTION 19. Remedies of bondholders.

Any holder of revenue bonds or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state, including specifically but without limitation the revenue bond law, or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished.

SECTION 20. Validation.

Revenue bonds and the security therefor shall be confirmed and validated in accordance with the procedure of the revenue bond law. The petition for validation shall also make a party defendant to such action the state; any institution, department, or other agency thereof; and any county, municipality, school district, or other political subdivision or authority of the state which has contracted with the authority for services or facilities relating to the project for which revenue bonds are to be issued and sought to be validated, and such defendant shall be required to show cause, if any exists, as to why such contract or contracts shall not be adjudicated as a part of the basis for the security for the payment of any such revenue bonds. The revenue bonds when validated and the judgment of validation shall be final and conclusive with respect to such revenue bonds and the security for the payment thereof and interest thereon and against the authority and all other defendants.

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SECTION 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 Chatham County, Georgia, and any action pertaining to validation of any revenue bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.

SECTION 22. Interest of bondholders protected.

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

SECTION 23. Moneys received considered trust funds.

All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

SECTION 24. Purpose of the authority.

Without limiting the generality of any provision of this Act, the general purpose of the authority is to promote economic revitalization and community development throughout economically distressed communities within the boundaries of Chatham County and the City of Savannah, Georgia.

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SECTION 25. Rates, charges, and revenues.

The authority is authorized to prescribe and fix rates and to revise the same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues, to issue revenue bonds or other types of obligations as herein provided to finance, in whole or in part, the costs of the project and to pledge to the punctual payment of said revenue bonds or other obligations all or any part of the revenues.

SECTION 26. Rules, regulations, service policies, and
procedures for operation of projects.

It shall be the duty of the authority to prescribe, or cause to be prescribed, rules, regulations, service policies, and procedures for the operation of any project or projects constructed or acquired under the provisions of this Act. The authority shall adopt bylaws for its organization and the operation of projects.

SECTION 27. Tort immunity.

To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as Chatham County; and the officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Chatham County, when in the performance of their public duties or the work of the county.

SECTION 28. Tax-exempt status of the authority.

The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the state and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any municipality, county, or the state and any political subdivision thereof.

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SECTION 29. Effect on other governments.

This Act shall not and does not in any way take from Chatham County or any political subdivision or municipality the authority to own, operate, and maintain public facilities or to issue revenue bonds as provided by the revenue bond law.

SECTION 30. Liberal construction of Act.

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

SECTION 31. Effective date.

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

SECTION 32. Repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to create the Chatham County Urban Development Authority; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, J. Craig Gordon, Representative from District 163, 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 Savannah Morning News, which is the official organ of Chatham County, on the 17th of February in the year 2017; 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/ J. CRAIG GORDON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 23rd of February in the year 2017, Before me:

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

Approved May 1, 2017.

__________

DEKALB COUNTY HOMESTEAD EXEMPTION; COUNTY TAXES; BASE YEAR; MODIFY TIME LIMITATION; REFERENDUM.

No. 73 (Senate Bill No. 143).

AN ACT

To amend an Act providing for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead, approved May 5, 2006 (Ga. L. 2006, p. 4636), as amended, so as to modify the time

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead, approved May 5, 2006 (Ga. L. 2006, p. 4636), as amended, is amended by revising subsection (f) of Section 1 as follows:
"(f)(1) Except as provided in paragraph (2) of this subsection, the exemption granted by subsection (b) of this section shall apply only to taxable years 2007 through 2021. Except as provided in paragraph (2) of this subsection, unless renewed or extended by subsequent Act of the General Assembly, the exemption granted by subsection (b) of this section shall not apply to taxable year 2022 or any subsequent taxable year. (2) If an equalized homestead option sales and use tax pursuant to Part 2 of Article 2A of Chapter 8 of Title 48 of the O.C.G.A. is placed into effect in DeKalb County during the period that the exemption granted by subsection (b) of this section is in effect, the exemption granted by subsection (b) of this section shall continue in effect as long as the equalized homestead option sales and use tax is in effect, notwithstanding the fact that such period may extend beyond the 2021 tax year, and for a period of time following the cessation of the collection of the equalized homestead option sales and use tax in DeKalb County that is equal to the difference in time between when the equalized homestead sales and use tax goes into effect in DeKalb County and January 1, 2022."

SECTION 2. The election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of DeKalb County for approval or rejection. The election superintendent shall conduct such election on the Tuesday next following the first Monday in November, 2017. The election superintendent shall issue the call and conduct such election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which amends the homestead exemption from certain DeKalb County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead by extending the time limitation on such exemption?"

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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, 2018, and shall apply to all taxable years beginning on or after that date. If the Act is not so approved, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following such election date. The expense of such election shall be borne by DeKalb County. It shall be the duty of the election superintendent of DeKalb County to certify the results thereof to the Secretary of State.

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act providing for a ++ homestead exemption ++ from certain DeKalb County ad valorem taxes; 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 Champion, which is the official organ of DeKalb County, on the 2nd of February in the year 2017; 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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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(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 7th of February, 2017, Before me:

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

Approved May 2, 2017.

__________

PERRY AREA CONVENTION AND VISITORS BUREAU AUTHORITY APPOINTMENT OF MEMBERS.

No. 74 (Senate Bill No. 205).

AN ACT

To amend an Act creating the Perry Area Convention and Visitors Bureau Authority, approved February 27, 1990 (Ga. L. 1990, p. 3542), as amended, particularly by an Act approved April 1, 1996 (Ga. L. 1996, p. 3831), so as to change requirements for appointment 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 Perry Area Convention and Visitors Bureau Authority, approved February 27, 1990 (Ga. L. 1990, p. 3542), as amended, particularly by an Act approved

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April 1, 1996 (Ga. L. 1996, p. 3831), is amended by revising subsections (a) through (d) of Section 2 as follows:
"(a) The Perry Area Convention and Visitors Bureau Authority shall consist of 13 members, nine of whom shall be regular members and four of whom shall be ex officio members. All 13 members of the authority shall be at least 18 years of age and residents of the City of Perry or owners, operators, or managers of businesses within the city. The Board of Directors of Perry Area Chamber of Commerce, Inc., shall recommend five of the regular members, three of whom shall be an owner, operator, or manager of a hotel, motel, or restaurant and two of whom shall not be an owner, operator, or manager of a hotel, motel, or restaurant. The mayor and each city councilperson shall appoint one regular member of the authority as provided for in subsection (b) of this section, and there shall always be one regular authority member representing the mayor and each of the six council posts. The members of the authority appointed by a particular city councilperson or the mayor shall serve for the time served by the respective councilperson who appointed them, or by the mayor if appointed by the mayor, with a new appointment to be made when there is a new mayor or new city councilperson elected or at the beginning of a new term of a mayor or respective city councilperson. In addition, the mayor and city council shall make a joint appointment of two regular members, as provided for in subsection (b) of this section, both of whom shall serve for two-year terms. Appointments of the members representing a city councilperson or the mayor shall be made within 30 days of the date the respective councilperson or the mayor takes office, and the joint appointments of the mayor and city council shall be made within 30 days of the first meeting of the mayor and city council in January of every odd-numbered year. (b) The councilpersons serving in Council District 1, Post 1, Council District 2, Post 2, and Council District 3, Post 2 will each appoint a regular member of the authority. The councilpersons serving in Council District 1, Post 2, Council District 2, Post 1, and Council District 3, Post 1 will each appoint a regular member of the authority, and said appointments shall be made after receiving recommendations of the Board of Directors of Perry Area Chamber of Commerce, Inc. The mayor will appoint a regular member of the authority. The two joint appointments of the mayor and city council each shall be an owner, operator, or manager of a hotel, motel, or restaurant, and said appointments shall be made after receiving recommendations of the Board of Directors of Perry Area Chamber of Commerce, Inc. (c) In choosing the regular members to represent Council District 1, Post 2, Council District 2, Post 1, and Council District 3, Post 1 and the regular members appointed jointly by the mayor and council, the mayor and council shall not be bound by the recommendations from the Board of Directors of Perry Area Chamber of Commerce, Inc. (d) In addition to the nine regular members, there shall be four ex officio members of the authority. These members shall be the executive director of Perry Area Chamber of Commerce, Inc., the city manager for the City of Perry, and the executive director of the Georgia National Fairgrounds and Agricenter or his or her designee. Ex officio members

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shall not be entitled to vote, but otherwise shall have all powers and responsibilities of a regular authority member."

SECTION 2. Said Act is further amended by revising Section 12 as follows:

"SECTION 12. Perry Area Chamber of Commerce, Inc., shall not have the power or authority to bind the City of Perry by any contract, agreement, financial obligation, or indebtedness or otherwise. No contract, agreement, financial obligation, or indebtedness incurred by the authority shall ever be a claim or charge against the city."

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 2017 session of the General Assembly of Georgia a bill to amend the Act creating the Perry Area Convention and Visitor's Bureau Authority, approved February 27, 1990 (Ga. L. 1990, p. 3542), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Larry Walker, Senator from District 20, 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 8th of February in the year 2017; 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/ L. C. WALKER Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 16th of February, 2017, Before me:

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

Approved May 2, 2017.

__________

FORSYTH COUNTY CORONER; COMPENSATION.

No. 75 (Senate Bill No. 265).

AN ACT

To provide for compensation of the coroner and deputy coroner of Forsyth County; to provide for annual cost-of-living adjustment increases for the coroner; to provide for salary supplements for the coroner; 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 coroner of Forsyth County shall receive compensation in the form of a base annual salary of $53,000.00 paid in equal monthly installments from the funds of Forsyth County. Deputy coroners shall only be compensated via investigation fees established in Code Section 45-16-27 of the O.C.G.A., as amended.

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SECTION 2. Annual cost-of-living adjustment increases may be authorized by the Forsyth County Board of Commissioners, in its reasonable discretion. Whenever county employees receive a cost-of-living adjustment increase of a certain percentage, the compensation for the coroner of Forsyth County fixed in Section 1 of this Act shall be increased by the same percentage. If cost-of-living adjustment increases are authorized for both employees and for the county's salary range schedule during the same fiscal year, the coroner's salary, fixed in Section 1 of this Act, shall be adjusted by whichever cost-of-living adjustment is greater. The periodic changes in the compensation for the coroner of Forsyth County fixed in Section 1 of this Act, as authorized by this section, shall become effective on the first day of January following the date that the cost-of-living adjustment increases received by county employees become effective; provided, however, that if the cost-of-living increases received by county employees become effective on January 1, such periodic changes in the compensation for the coroner of Forsyth County fixed in Section 1 of this Act, as authorized by this section, shall become effective on the same date that the cost-of-living adjustment increases received by county employees become effective.

SECTION 3. In addition to the compensation provided in Sections 1 and 2 of this Act, the Forsyth County Board of Commissioners shall be authorized to provide a salary supplement to the coroner. If the governing authority authorizes any such supplement, the governing authority may not rescind the supplement, in whole or in part, at any time during any term of office for the coroner of Forsyth County during which the supplement was paid. The governing authority may rescind, in whole or in part, any previously approved supplement only to be effective at the commencement of a new term of office for the coroner of Forsyth County, regardless of whether the individual holding the position at commencement is the same or has changed. Any supplements approved pursuant to this section shall not be included in the calculation of cost-of-living increases pursuant to 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 2017 session of the General Assembly of Georgia a bill to provide for compensation of the coroner and deputy coroner of Forsyth County; and for other purposes.

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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 22nd of February in the year 2017; 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/ MICHAEL WILLIAMS Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 27th of February, 2017, Before me:

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

Approved May 2, 2017.

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CITY OF HAPEVILLE HAPEVILLE WATER AND SEWER AUTHORITY; REPEAL.

No. 76 (Senate Bill No. 267).

AN ACT

To repeal an Act creating the Hapeville Water and Sewer Authority, approved April 11, 1979 (Ga. L.1979, p. 3461), as amended; to provide for the assets and liabilities thereof; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Hapeville Water and Sewer Authority, approved March 10, 1988 (Ga. L. 1988, p. 3743), as amended, is hereby repealed in its entirety.

SECTION 2. There are no known assets of the Hapeville Water and Sewer Authority, but to the extent any assets of the Hapeville Water and Sewer Authority exist, they shall devolve automatically and without further action to the City of Hapeville. The governing body of the City of Hapeville is authorized to execute any deeds or instruments of conveyance required to place title of such assets into the name of the City of Hapeville and is authorized to do so in the name of the Hapeville Water and Sewer Authority. There are no known obligations of the Hapeville Water and Sewer Authority, but to the extent such obligations exist, they shall be transferred to and assumed by the City of Hapeville by such instruments as may be required to maintain the same. The governing body of the City of Hapeville is authorized to execute any such instruments required to transfer such obligations into the name of the City of Hapeville and is authorized to do so in the name of the Hapeville Water and Sewer Authority.

SECTION 3. This Act shall become effective on July 1, 2017.

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

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INTENT TO INTRODUCE LOCAL LEGISLATION

Notice is hereby given that a bill will be introduced in the 2017 regular session of the Georgia General Assembly to repeal the Act creating the Hapeville Water and Sewer Authority, which was originally approved on April 11, 1979 (Ga. L. 1979, Vol. 2, p. 3461); to provide for effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Nan Orrock, Senator 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 Daily Report, which is the official organ of Fulton County, on the 21st of February in the year 2017; 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/ NAN ORROCK Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 1st of March, 2017, Before me:

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

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My Commission Expires December 29, 2018 (SEAL)

Approved May 2, 2017.

__________

CITY OF TRENTON HOTEL/MOTEL TAX.

No. 77 (Senate Bill No. 271).

AN ACT

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

SECTION 2. The enactment of this Act is subsequent to the adoption of a Resolution by the governing authority of the City of Trenton on February 13, 2017, 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 the City of Trenton:
(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,

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and trade shows by the destination marketing organization designated by the City of Trenton; 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. This Act supersedes any prior ordinances adopted by the governing authority of the City of Trenton pursuant to paragraph (3) of subsection (a) of Code Section 48-13-51 of the O.C.G.A.

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 2017 session of the Georgia Assembly of Georgia a bill to authorize the governing authority of the City of Trenton 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, 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 Dade County Sentinel, which is the official organ of Dade County, on the 1st of March in the year 2017; 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/ JEFF MULLIS Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of March, 2017, Before me:

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

Approved May 2, 2017.

__________

MACON WATER AUTHORITY AUTHORITY TO CONTRACT.

No. 78 (Senate Bill No. 281).

AN ACT

To amend an Act formerly known as the "Bibb County Water and Sewerage Authority Act," now known as the "Macon Water Authority Act," approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4991), and by an Act approved April 23, 1999 (Ga. L. 1999, p. 4832), so as to extend the power of the authority to contract with Macon-Bibb County and the Macon-Bibb County Industrial Authority to acquire, construct, and develop industrial sites and facilities; to provide for the use of certain funds of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act, formerly known as the "Bibb County Water and Sewerage Authority Act," now known as the "Macon Water Authority Act," approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4991), and by

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an Act approved April 23, 1999 (Ga. L. 1999, p. 4832), is amended by revising subparagraphs (A), (E), and (F) of paragraph (19.1) of Section 5 and adding a new subparagraph to read as follows:
"(19.1)(A) To enter into a contract or contracts with Macon-Bibb County, the Macon-Bibb County Industrial Authority, or both, with respect to acquiring and developing industrial sites and facilities, including, without limitation, the construction or renovation of buildings and facilities for lease or sale to industrial or other companies providing employment within Macon-Bibb County. The power granted by this paragraph shall not extend to any activities used or useful in connection with the collection, treatment, reuse, or disposal of municipal solid waste as defined in paragraph (18) of Code Section 12-8-22 of the O.C.G.A. The authority may utilize its revenues from its water and sewer operations for the performance of such contracts; provided, however, that such contracts shall not require nor permit the expenditure of authority funds in excess of $704,000.00 per annum nor an aggregate of more than $35,200,000.00 over the life of the contract or contracts, such aggregate limit specifically including prior revenues paid by the authority under the powers previously granted under the Act for all years 1999 through the present;" "(E) To pledge the payment of any funds authorized by this paragraph to be used for any of the purposes set forth in this paragraph to the repayment of any revenue bonds issued by the authority, Macon-Bibb County, or the Macon-Bibb County Industrial Authority for the purpose of raising funds to carry out the provisions of any contract or contracts entered into under the authority of this paragraph; (F) To use reasonable amounts of funds authorized in subparagraph (A) of this paragraph to obtain options on property or properties sought to be acquired for the purposes set out in that subparagraph; and (G) Nothing in this paragraph shall limit the power of the authority to contract for services with Macon-Bibb County or the Macon-Bibb County Industrial Authority or to appropriate or obligate through any such contract or contracts those revenues of the authority as deemed appropriate for the provision of the same; and".

SECTION 2. (a) The changes made by this Act to the law creating the authority shall be effective prospectively from the effective date of this Act and shall not affect any project of, or any action taken by, the authority prior to such changes becoming effective. (b) The authority shall retain, to the extent necessary to carry out or complete the performance of any such prior project or action, all powers and duties provided by the Act creating the authority, as amended. (c) Subject to the subsections contained in this section, the provisions of this Act shall be regarded as supplementary to powers conferred by other laws and shall not be regarded as being in derogation of any powers now existing.

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
GEORGIA, MACON-BIBB COUNTY - Notice is given pursuant to Section 28-1-14 of the Official Code of Georgia Annotated and Article 3, Section 5, Paragraph 9 of the Georgia Constitution that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," approved March 2, 1966 (Ga. L. 1966, p 2737), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, John Kennedy, Senator 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 Macon Telegraph, which is the official organ of Bibb County, on the 4th of March in the year 2017; 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 F. KENNEDY Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 10th of March, 2017, Before me:

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

Approved May 2, 2017.

__________

WALKER COUNTY BOARD OF COMMISSIONERS; CREATION; REFERENDUM.

No. 79 (Senate Bill No. 292).

AN ACT

To amend an Act creating the office of commissioner of Walker County, approved February 10, 1939 (Ga. L. 1939, p. 751), as amended, so as to create the Board of Commissioners of Walker County; to provide for continuation of certain obligations and liabilities; to provide for the composition of the board; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for filling of vacancies; to provide for oaths of office and surety bonds; to provide for the compensation and expenses of the chairperson and members of the board; to provide for a vice chairperson; to provide for powers and duties of such officers; to provide for meetings; to provide for the powers, duties, and authority of the chairperson and members of the board; to provide for formal bids for certain purchases; to provide for the appointment of a clerk and other officials; to provide for the preparation, submission, review, adoption, and amendment of budgets; to provide for expenditure of county funds; to provide for audits of county finances and financial records; to provide for a referendum; to provide for related matters; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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PART I. SECTION 1-1.

An Act creating the office of commissioner of Walker County, approved February 10, 1939 (Ga. L. 1939, p. 751), as amended, is amended by striking Section 1 through the end and inserting in lieu thereof the following:

"SECTION 1. There is created the Board of Commissioners of Walker County to be elected and organized as provided for in this Act. The board shall be the successor to the office of commissioner of Walker County and shall continue to have the obligations and liabilities of the commissioner of Walker County as existed immediately prior to January 1, 2021. The board shall constitute the governing authority of Walker County and shall exercise the powers, duties, and responsibilities vested in and upon such officers by the provisions of this Act. The term 'board,' whenever used in this Act, shall mean the Board of Commissioners of Walker County, including the chairperson and all members.

SECTION 2. (a) The board shall consist of a chairperson and four district commissioners. The four district commissioners shall be residents of their respective commissioner districts as described in subsection (b) of this section and shall be elected by the electors of their respective districts as provided in Section 3 of this Act. The chairperson shall be elected at large as provided in Section 3 of this Act. (b) For the purpose of electing members of the board, Walker County shall be divided into four commissioner districts. One member of the board shall be elected from each such district. Commissioner Districts 1, 2, 3, and 4 shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: walkercc-2017 Plan Type: Local Administrator: SD053 User: Gina.
(c)(1) When used in such attachment, the term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. (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 Walker County which is not included in any district described in the plan shall be included within that district contiguous to such part which contains the least

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population according to the United States decennial census of 2010 for the State of Georgia. (4) Any part of Walker County described in the plan as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia.

SECTION 3. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law. (b) In order to be elected as a member of the board from a commissioner district, a person shall be 18 years of age or older, shall have resided in that district for at least 12 consecutive months prior to election thereto, and shall receive a majority of the votes cast for that office by the electors of that district. At the time of qualifying, each candidate for such office shall specify the commissioner district for which that person is offering as a candidate. A person elected as a member of the board from a commissioner district shall continue to reside in that district during that person's term of office or that office shall thereupon become vacant. (c) The chairperson of the board shall be 25 years of age or older, shall have resided in Walker County for at least 12 consecutive months prior to election to such office, may reside anywhere within Walker County, and shall receive a majority of the votes cast for such office by the electors of the entire county. The chairperson shall continue to reside within Walker County during that person's term of office or that office shall thereupon become vacant.

SECTION 4. (a) The first members of the Board of Commissioners of Walker County shall be elected at the 2020 November general election. The members of the board elected thereto from Commissioner Districts 1 and 2 in 2020 shall take office on January 1, 2021, and shall serve for an initial term of office which shall expire on January 1, 2023, and upon the election and qualification of their respective successors. The chairperson and the members of the board elected thereto from Commissioner Districts 3 and 4 in 2020 shall take office on January 1, 2021, and shall serve for initial terms of office which shall expire on January 1, 2025, and upon the election and qualification of their respective successors. Those and all future successors to the chairperson and members of the board whose terms of office are to expire shall be elected at the November state-wide general election immediately preceding the expiration of such terms, shall take office on the first day of January immediately following that election, and shall serve for terms of office of four years and until their respective successors are elected and qualified.

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(b) The chairperson and 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.'

SECTION 5. (a) In the event of a vacancy occurring in the membership of the board, whether the vacancy is in the office of chairperson or any other member, for any reason other than expiration of term, that vacancy shall be filled as provided in this section. (b) In the event a vacancy occurs on the board when at least 180 days remain in the unexpired term of office, the election superintendent of Walker County, within 15 days after the vacancy occurs, shall issue the call for a special election to fill the vacancy for the unexpired term. Such special election shall be called and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended. Any person elected in a special election to fill such a vacancy shall take office immediately upon certification of the results of such special election and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the unexpired term following the special election provided for in this subsection. (c) In the event a vacancy occurs on the board when less than 180 days remain in the unexpired term of office, the remaining members of the board shall appoint a qualified person to fill the vacancy for the unexpired term. Any person appointed by the board to fill a vacancy as provided in this subsection shall possess the residency and other qualifications required for the office and shall take office immediately upon appointment and qualification. If such vacancy is in the office of chairperson of the board, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the unexpired term following his or her appointment as provided for in this subsection. During the time when the board has a vacancy under this subsection and only during such time, if a vote on a matter before the board results in a tie, the chairperson or, if the office of chairperson is vacant and the vice chairperson is serving as chairperson, the vice chairperson shall be allowed to cast an additional vote to break such tie.

SECTION 6. Before entering upon the discharge of their duties, the chairperson and district commissioners shall subscribe to an oath before the judge of the probate court of such county for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition, the chairperson and each district commissioner shall further give a satisfactory surety bond to the judge of the probate court of the county payable to the judge of the probate court or that judge's successor in office

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and filed in the office of the judge of the probate court, in the sum of $25,000.00, conditioned upon the faithful performance of the duties of the office. The costs of said bonds shall be paid out of the county treasury.

SECTION 7. (a) District commissioners, other than the chairperson, shall serve in such capacity on a part-time basis and shall be paid a salary of $12,000.00 per year. Such compensation shall be paid in equal monthly installments from the funds of Walker County. (b) The chairperson shall serve in such capacity on a full-time basis and shall be paid an annual salary equal to the annual salary of the highest paid elected county officer of Walker County, plus an additional $500.00, or $100,000.00 per annum, whichever is greater. For the purposes of this subsection, the term 'county officer' shall mean only the tax commissioner, the judge of the probate court, the sheriff, or the clerk of superior court. The salary provided in this subsection shall be paid in equal monthly installments from the funds of Walker County. The salary and expenses provided for in this subsection shall constitute the entire compensation to which the chairperson shall be entitled to be paid from county funds. (c) The chairperson and the district commissioners may be reimbursed for reasonable expenses incurred in carrying out their duties. Expenses may be reimbursed only after the submission of receipts or records of said expenses to the county clerk and approval by majority vote of the board of commissioners at a regularly scheduled meeting. The chairperson and commissioners shall be entitled to compensation for serving on any other boards or authorities for which their membership is provided by law. (d) At their own expense, the district commissioners may participate in county provided health, dental, and other health related programs and in county sponsored retirement programs. No county funds shall be spent on these programs for the benefit of the district commissioners.

SECTION 8. At the first regular meeting of each year, the board shall elect from its members a vice chairperson. In the event of death, disqualification, or resignation of the chairperson, the vice chairperson shall perform the duties and exercise the authority of the chairperson until a new chairperson is chosen as provided in this Act. The vice chairperson shall preside at meetings of the board in the absence of the chairperson and shall serve for the calendar year in which he or she is elected. In the event of a vacancy in the office of vice chairperson, the board shall elect a new vice chairperson to serve for the remainder of the calendar year.

SECTION 9. Each month, at the county seat, the board of commissioners shall hold a minimum of two regular meetings. All meetings shall be open to the public as required by law and shall

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provide a time period exclusively for public comment. The time, date, and place of the meetings shall be determined by the board in the first meeting of the year. Any resolution passed by the board regarding the time, date, and place of its monthly meetings shall be published in the official county organ once a week for two weeks during a period of 30 days immediately following the passage of the resolution. The board of commissioners may hold such additional meetings as shall be necessary when called by the chairperson or any two commissioners, provided that all members of the board of commissioners shall have been notified at least three days in advance of such special meeting which is open to the public. Three district commissioners or the chairperson and any two district commissioners shall constitute a quorum. No official action shall be taken except upon the affirmative vote of at least three members of the board of commissioners and except upon compliance with Chapter 14 of Title 50 of the O.C.G.A. The chairperson shall be entitled to vote on a question only if the chairperson's vote would affect the outcome of any vote or issue before the board. The vice chairperson while serving as chairperson shall be entitled to vote on all matters before the board. All regular and called meetings shall be conducted according to Robert's Rules of Order.

SECTION 10. The chairperson shall administer the affairs and day-to-day business of the county and preside over the meetings of the board. The duties of the chairperson shall include, but shall not be limited to, the following:
(1) Calling meetings of the board as provided in Section 9 of this Act; (2) Preparing a proposed agenda and presiding over meetings of the board; (3) Representing the county government at ceremonial functions; (4) Being empowered to submit motions that are made and seconded by district commissioners to the board for action; (5) Appointing members and chairpersons to all committees of the board with the approval of the board; and (6) Performing such other duties as shall be delegated to the chairperson by the board or as provided by law or ordinance. The chairperson shall be authorized, in his or her sole discretion, to spend not more than $25,000.00 without approval of the board.

SECTION 11. The board shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules, and regulations governing all matters reserved to its exclusive jurisdiction. Such policies, rules, and regulations, when so adopted with proper entry thereof made on the minutes of the board, shall be conclusive and binding. The board shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel

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enforcement of its adopted resolutions. Except as otherwise provided in this Act, the following powers are vested in the board and reserved to its exclusive jurisdiction:
(1) To levy taxes; (2) To make appropriations; (3) To fix rates and charges for services provided by the county; (4) To authorize the incurring of indebtedness; (5) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment; (6) To authorize and provide for the execution of contracts; (7) To establish, alter, open, close, build, repair, or abolish public roads, bridges, and ferries, according to law; provided, however, that the chairperson shall have the authority to accept subdivision plats when the requirements established by the board for subdivisions have been met; (8) To establish, abolish, or change election precincts and militia districts according to law; (9) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county; (10) To exercise all powers, duty, and authority formerly imposed upon or vested in the commissioner of Walker County in respect to zoning and planning; (11) To create and change the boundaries of special taxing districts authorized by law; (12) To fix the bonds of county officers where same are not fixed by statute; (13) To enact any ordinances or other legislation which the county may be given authority to enact; (14) To determine the priority of capital improvements; (15) To call elections for the voting of bonds; (16) To exercise all of the power and authority formerly vested by law in the commissioner of Walker County together with the power and authority which may be delegated by law to the governing authority of the county, by whatever name designated; (17) To appoint retained legal counsel and an independent county auditor and provide for their compensation; and (18) To require all county officers to report on the general or specific conduct of the financial affairs of their respective offices.

SECTION 12. Formal sealed bids shall be received for all purchases in amounts over the state limit for sealed bids unless the board sets a lower limit. Advertisements for such bids shall be published for two consecutive weeks in the official organ of Walker County. The need for such bids may be dispensed with by the board if it decides that an emergency exists which will not permit a delay.

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SECTION 13. The internal organization of the county government shall be established and altered by the board. Existing departments may be abolished and their functions transferred to other departments, additional departments may be created, and any two or more departments may be consolidated.

SECTION 14. The board shall appoint a clerk who shall keep a proper and accurate book of minutes. The book of minutes of the board shall contain all the acts, orders, and proceedings of the board in chronological order. The minutes book of the board shall be open to the public for inspection at all times during regular office hours, and certified copies of any entries in the minutes book shall be furnished by the clerk to any person requesting same upon payment of a reasonable fee to be paid into the county treasury as are other funds and to be assessed by the board in an amount sufficient to defray the cost of preparing same.

SECTION 15. The chairperson shall submit annually to the board a proposed budget governing expenditures of all county funds, including capital outlay and public works projects for the following fiscal year. The board shall thereafter hold two public hearings at least seven days apart on the budget, giving notice thereof at least ten days in advance by publication of such notice and of the proposed budget in the official organ of Walker County and by posting same at the courthouse. The budget shall then be reviewed and adopted or amended by the board prior to the beginning of the new fiscal year to which it applies, which budget, when so adopted or amended by the board, shall constitute the board's appropriation of all funds for such year. The budget so adopted may be revised during the year only by formal action of the board in a regular meeting, and no increase shall be made therein without provision also being made for financing the same. The proposed budget submitted by the chairperson shall be accompanied by a report containing information and data relating to the financial affairs of the county pertinent to arriving at and establishing the annual budget. A copy of the budget and of each revision or amendment to the same shall be transmitted by the chairperson to the grand jury of the Superior Court of Walker County within ten days from the time such budget or amendment thereof is adopted by the board. The board may from time to time, upon a majority vote thereof, change the ending and beginning date of the fiscal year for the county or may operate on a calendar basis; provided, however, that in the event of such change, the budget shall be submitted at least two months prior to the beginning date of the next fiscal year or January 1, whichever shall apply, and shall be adopted at least one month prior to such beginning date. The procedures for budget preparation, submission to the governing authority, review by the governing authority, public review, notice, and hearings shall be as provided for in Chapter 81 of Title 36 of the O.C.G.A.

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SECTION 16. No expenditures of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the board. The chairperson of the board shall enforce compliance with this section by all departments of county government and to this end shall institute a system of allotments of all moneys appropriated and budgeted.

SECTION 17. The board shall on or before the final day of the month following the end of each fiscal year employ a certified public accountant for the making of an annual continuous audit of county finances and financial records. The accountant so employed shall be paid out of county funds and shall perform a complete audit of the financial records of the county for the preceding year, pointing out any irregularities found to exist and reporting the results of such audit to the board. The same person or firm shall not perform such audit for more than four consecutive annual periods. Each annual report submitted to the board shall be made available for public inspection as are other records in such office. The board shall cause to be published in the official organ of Walker County and posted at the courthouse a statement of the financial condition of the county as of December 31 and June 30 of each year. Said accountant shall transmit to the grand jury of the Superior Court of Walker County a copy of each annual report furnished by such accountant to the board.

Plan: walkercc-2017 Plan Type: Local Administrator: SD053 User: Gina

District 001 Walker County VTD: 2951812 - ROSSVILLE VTD: 2951893 - FAIRVIEW

District 002 Walker County VTD: 2950881 - POND SPRINGS VTD: 2950944 - PEAVINE 020502: 3003 3005 3052 3053 3054 020601: 1000 1001 1002 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1024 1038 1042 1058 1059 2001 2002 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025

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2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 020800: 1009 1037 VTD: 2951809 - KENSINGTON 020502: 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1050 1051 1052 1053 1054 1055 1056 1057 1058 1062 1063 1064 1065 1067 1068 VTD: 2951818 - CHICKAMAUGA VTD: 2951898 - WALLACEVILLE 020501: 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3050 3051 3052 3053 3054 3067 3070 3071 3073 3074

District 003 Walker County
VTD: 2950869 - CHESTNUT FLAT VTD: 2950871 - LAFAYETTE 020602: 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1110 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2113 2114 2115 2117 020700: 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

GEORGIA LAWS 2017 SESSION
1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 020800: 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1038 1039 1040 1063 020901: 1038 1040 1041 1042 1043 1044 1045 1046 1049 2001 2002 2005 3000 3001 3002 3003 3011 3012 3020 3024 3040 3041 3052 3053 3054 3055 3056 4000 4001 4002 4003 4005 4006 4007 4008 4009 4010 4011 4012 4029 VTD: 2950944 - PEAVINE 020601: 1003 1004 1022 1023 1025 1026 1027 1028 1029 1030 1031 1033 1034 1035 1036 1037 1039 1040 1041 1052 1053 1054 1055 1056 1057 1060 1061 1062 1063 VTD: 2950953 - EAST ARMUCHEE VTD: 2950960 - CANE CREEK 020901: 1005 1007 1008 1009 1010 1011 1012 1013 1014 1015 1019 1020 1022 1023 1024 1025 1026 1027 VTD: 2951053 - WEST ARMUCHEE

3595

3596

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

District 004 Walker County VTD: 2950871 - LAFAYETTE 020901: 2003 3004 3005 3006 3007 3008 3009 3010 3013 3014 3015 3016 3017 3018 3019 3021 3022 3023 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3057 3058 3059 VTD: 2950943 - WILSON VTD: 2950960 - CANE CREEK 020901: 1021 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1039 1047 1048 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2062 2063 2064 2065 2066 2067 2068 2078 2079 2080 2081 2082 2083 2084 2093 4004 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4030 4031 4032 VTD: 2951161 - MOUNTAIN VTD: 2951501 - CHATTANOOGA VAL VTD: 2951800 - DAUGHERTY VTD: 2951808 - CEDAR GROVE VTD: 2951809 - KENSINGTON 020800: 1020 1021 1022 1023 1024 1025 1026 1041 1068 1069 1070 1071 1076 1077 1078 1079 1080 1081 2006 2007 2008 2009 2010 2011 2012 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2057 2059 2060 2061 2062 2063 2064 2065 2067 2068 2069 2070 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3043 3045 3047 3048 3049 3050 3051 3086 3088 VTD: 2951851 - FAIRYLAND VTD: 2951898 - WALLACEVILLE 020302: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 5032

GEORGIA LAWS 2017 SESSION

3597

5035 5036 5037 5038 020502: 2000 2001 2002 2003 2004 2005 2006 2012 2013 2014 2015 2016 2017 2018"

PART II. SECTION 2-1.

The election superintendent of Walker County shall call and conduct an election on the date of the 2018 November general election as provided in this section for the purpose of submitting this Act to the electors of Walker County for approval or rejection. The election superintendent 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 Walker County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the governing authority of Walker County be changed from a sole ( ) NO commissioner to a five-member board of commissioners with the
chairperson elected at large and four commissioners elected by district?"
All persons desiring to vote for approval of changing the form of the governing authority of Walker County to a board consisting of four members elected by district and a chairperson elected at large shall vote "Yes." Those persons desiring to vote against changing the form of the governing authority of Walker County shall vote "No." If more than one-half of the votes cast are for approval of changing the form of the governing authority of Walker County to a board of commissioners consisting of four members elected by district and a chairperson elected at large, then Part I of this Act shall become effective immediately for purposes of electing members of the board of commissioners in November, 2020, and for all other purposes on January 1, 2021; otherwise, this Act shall be automatically repealed on the first day of January following that election date. The expense of such election shall be borne by Walker County. It shall be the duty of the election superintendent to certify the results thereof to the Secretary of State.

SECTION 2-2. Except as otherwise provided in Section 2-1 of this Act, this Act shall become effective upon its approval by the Governor or its becoming law without such approval.

SECTION 2-3. All laws and parts of laws in conflict with this Act are repealed.

3598

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act to create the office of Commissioner of Roads and Revenues for the County of Walker, approved February 10, 1939 (Ga. L. 1939, p. 751), as amended, 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 Walker County Messenger, which is the official organ of Walker County, on the 15th of February in the year 2017; 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

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 16th of March, 2017, Before me:

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

GEORGIA LAWS 2017 SESSION

3599

My Commission Expires December 29, 2018 (SEAL)

Approved May 2, 2017.

__________

EMANUEL COUNTY BOARD OF EDUCATION; REVISE DESCRIPTION OF EDUCATION DISTRICTS; PROVIDE FOR ELECTION AND TERMS OF OFFICE.

No. 80 (House Bill No. 255).

AN ACT

To amend an Act providing for the composition and election of the Board of Education of Emanuel County, approved April 12, 1982 (Ga. L. 1982, p. 4049), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3741), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for the composition and election of the Board of Education of Emanuel County, approved April 12, 1982 (Ga. L. 1982, p. 4049), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3741), is amended by revising Section 1 as follows:

"SECTION 1. (a) The Board of Education of Emanuel County shall consist of seven members, all of whom shall be elected from education districts described in subsection (b) of this section. (b) For purposes of electing members of the board of education, the Emanuel County School District is divided into seven education districts. The seven education districts shall be and correspond to those seven numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: emansb-court-p1-2016 Plan Type: Local Administrator: Emanuel SB User: Gina'.
(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

3600

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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. (3) Any part of the Emanuel County School District which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Any part of the Emanuel County School District which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (5) Except as otherwise provided in the description of any education district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia."

SECTION 2. Said Act is further amended by striking the redistricting plan at the end of such Act and inserting in lieu thereof the following:
"Plan: emansb-court-p1-2016 Plan Type: Local Administrator: Emanuel SB User: Gina

District 001 Emanuel County VTD: 1071429 - GARFIELD VTD: 1071560 - TWIN CITY 970100: 2085 2086 2087 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2120 2121 2122 2123 2124 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070

GEORGIA LAWS 2017 SESSION
3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3128 3129 3130 3131 3132 3133 3134 3135 3136 3137 3138 3139 3140 3141 3142 3143 3144 3145 3146 4009 4010 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4048 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083
District 002 Emanuel County VTD: 1070050 - OAK PARK VTD: 1070053 - SWAINSBORO 970600: 1084 1087 1088 1089 1090 1091 1093 1094 1096 1097 1098 1106 1107 1108 1109 VTD: 1070058 - STILLMORE VTD: 1071502 - NUNEZ 970600: 2020 2036 2037 2038 2043 2057 2058 2059 2060 2061 2062 2063 2065 2066 2067 2068 2069 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2155 2156 2157 2188 2189 2190 2191 2198 2230 2231 2232 2233 2238 VTD: 1071560 - TWIN CITY 970100: 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 1056 1057 1174 1175 1176 1177 1219
District 003 Emanuel County VTD: 1070052 - CROSS-GREEN

3601

3602

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

VTD: 1070057 - SUMMERTOWN 970200: 1012 1013 1014 1015 1016 1017 1018 1019 1020 1068 1069 1070 1071 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1128 1129 1130 1131 1136 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2020 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2041 2042 2044 2045 2046 2047 2048 2049 2050 2057 2058 2059 2060 2061 2062 2063 2133 2134 2135 VTD: 1071208 - BLUNDALE VTD: 1071452 - COWFORD VTD: 1071748 - ADRIAN

District 004 Emanuel County VTD: 1070053 - SWAINSBORO 970100: 3035 3036 3037 3038 970300: 1000 1001 1002 1003 1007 1011 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1038 1039 1040 1041 1048 1049 1050 1051 1052 1053 1054 1067 1070 1076 1079 1080 1081 1094 1114 1115 1116 1117 2024 2025 2026 2027 2032 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2058 2059 2060 2061 2062 2063 2076 2077 2078 2079 2082 2083 2085 2101 2104 970600: 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 1038 1039 1040 1041 1042 1044 1045 1046 1047 1048 1049 1050 1080 1081 1082 1085 1086 1117 3000 3001 3002 3003 3004 3005 3006 3007 3008 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3042 3065 3066 3068 4020 4021 4023 4029 4030 4031 4035 VTD: 1070057 - SUMMERTOWN 970300: 1004 1005 1006 1008 1009 1010 1042 1043 1044 1045 VTD: 1071333 - CANOOCHEE

GEORGIA LAWS 2017 SESSION
VTD: 1071560 - TWIN CITY 970100: 3030 3031 3032 3033 3034 3039 3040 3041 3042 3094 3095 3096 3097 4034 4035 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4049 4050
District 005 Emanuel County VTD: 1070053 - SWAINSBORO 970400: 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1093 1097 1098 1099 2000 2001 2003 2029 2031 2032 2033 2034 2035 2036 2037 2040 2041 2046 2047 2049 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 970600: 2004 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4014 4015 4016 4017 4018 4019 4022 4024 4025 4026 4027 4028 4043 4044 4045 4046 4047 4048 4049
District 006 Emanuel County VTD: 1070053 - SWAINSBORO 970300: 1037 1046 1047 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1068 1069 1077 1078 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1118 1119 1120 2056 2057 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2081 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2102 2103 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062

3603

3604

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

970600: 3009 3010 3011 3012 3013 3014 3015 3016 3038 3039 3040 3041 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3067 3069 3070

District 007 Emanuel County VTD: 1070053 - SWAINSBORO 970300: 2016 2017 2018 2019 2020 2021 2022 2023 2033 2036 2037 2038 2039 2040 2080 2084 970400: 1048 1049 1050 1051 1052 1053 1054 1055 1056 1062 1074 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1094 1095 1096 1100 1101 1102 1109 2002 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2030 2038 2039 2042 2043 2044 2045 2048 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 970600: 1032 1033 1034 1035 1036 1037 1043 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 1083 1095 1099 1100 1101 1102 1103 1104 1105 1116 2000 2001 2002 2003 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2039 2040 2041 2042 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2064 2070 2071 2084 2085 2086 2087 2088 2236 2237 2240 2241 2242 4013 4032 4033 4034 4036 4037 4038 4039 4040 4041 4042 VTD: 1071502 - NUNEZ 970600: 2021"

GEORGIA LAWS 2017 SESSION

3605

SECTION 3. (a) All members of the board of education serving in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected and until their respective successors are elected and qualified unless otherwise removed from office as provided by the Constitution and laws of this state. (b) Each member of the board of education serving in office on the effective date of this Act and elected from former Education District 1, 2, 3, 4, 5, 6, or 7 shall on and after said date be deemed to represent the new Education District 1, 2, 3, 4, 5, 6, or 7 in which he or she resides.

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 2017 session of the General Assembly of Georgia a bill to amend an Act providing for the composition and election of the Board of Education of Emanuel County, approved April 12, 1982, (Ga. L. 1982, p.4049), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3741), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; 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 Forest-Blade, which is the official organ of Emanuel County, on the 25th of January in the year 2017; 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:

3606

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(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 31st of January, 2017, Before me:

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

Approved May 2, 2017.

__________

GRADY COUNTY BOARD OF COMMISSIONERS; COMPENSATION.

No. 81 (House Bill No. 282).

AN ACT

To amend an Act creating a board of commissioners for the County of Grady, approved December 22, 1937 (Ga. L. 1937-38, Ex. Sess. p. 837), as amended, so as to change the compensation of the board; to remove the board's authority to fix the salary of the chairperson; 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 board of commissioners for the County of Grady, approved December 22, 1937 (Ga. L. 1937-38, Ex. Sess. p. 837), as amended, is amended by striking subsection (f) of Section 5 and inserting in lieu thereof the following:

GEORGIA LAWS 2017 SESSION

3607

"(f) Notwithstanding any of the provisions of this Section to the contrary, the board of commissioners as a whole shall have the authority to define and limit the duties to be performed by the chairperson of the board."

SECTION 2. Said Act is further amended by striking Section 8 and inserting in lieu thereof the following:

"SECTION 8. (a) The chairperson of the board of commissioners shall receive 17 percent of the base salary of the Clerk of Superior Court of Grady County as compensation to be paid from county funds. (b) All other members of the board of commissioners shall receive 12 percent of the base salary of the Clerk of Superior Court of Grady County as compensation to be paid from county funds; provided, however, that any such member who has been designated as a certified county commissioner pursuant to Code Section 36-5-27 of the Official Code of Georgia Annotated shall receive an additional $100.00 per month in accordance with such Code section as compensation to be paid from county funds."

SECTION 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or becomes law without such approval.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners for the County of Grady, approved December 22, 1937 (Ga. L. 1937-38, Ex. Sess. p. 837), asamended; 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.

3608

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 Cairo Messenger, which is the official organ of Grady County, on the 18th of January in the year 2017; 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 7th of February, 2017, Before me:

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

Approved May 2, 2017.

__________

CRISP COUNTY BOARD OF EDUCATION; COMPENSATION.

No. 82 (House Bill No. 284).

AN ACT

To amend an Act providing for a merger of the independent school system of the City of Cordele and the school districts in the County of Crisp lying outside the corporate limits of

GEORGIA LAWS 2017 SESSION

3609

said City, approved February 11, 1957 (Ga. L. 1957, p. 2066), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4125), so as to change the compensation of members of the Crisp County Board of Education; 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 a merger of the independent school system of the City of Cordele and the school districts in the County of Crisp lying outside the corporate limits of said City, approved February 11, 1957 (Ga. L. 1957, p. 2066), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4125), is amended by revising the first sentence in the last undesignated paragraph of Section 5 as follows:
"Each member of the board shall be compensated in the amount of $250.00 for each day of attendance at meetings of the board and training sessions and conferences approved by the board."

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act providing for a merger of the independent school system of the City of Cordele and the school districts in the County of Crisp lying outside the corporate limits of said City, approved February 11, 1957 (Ga. L. 1957, p. 2066), 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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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 Cordele Dispatch, which is the official organ of Crisp County, on the 28th of January in the year 2017; 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 February, 2017, Before me:

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

Approved May 2, 2017.

__________

COFFEE COUNTY BOARD OF EDUCATION; COMPENSATION.

No. 83 (House Bill No. 294).

AN ACT

To amend an Act creating a board of education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended, particularly by an Act approved May 13, 2002

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(Ga. L. 2002, p. 5804), so as to change the compensation of the members of the board of education; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a board of education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5804), is amended by revising Section 4 as follows:

"SECTION 4. Beginning on the effective date of this section, the members of the board of education, including the chairman, shall each receive $750.00 per month as compensation for their services; and, as a cost-of-living adjustment, the amount of the monthly compensation received by such members shall increase in each year by a percentage equal to any cost-of-living adjustment provided to teachers under the jurisdiction of the board of education."

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act creating a board of education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Dominic LaRiccia, Representative from District 169, 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 Douglas Enterprise, which is the official organ of Coffee County, on the 1st of February in the year 2017; 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/ DOMINIC LARICCIA Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of February, 2017, Before me:

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

Approved May 2, 2017.

__________

CITY OF DOUGLAS REDEVELOPMENT POWERS; REFERENDUM.

No. 84 (House Bill No. 296).

AN ACT

To authorize the City of Douglas 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

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O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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

SECTION 2. The municipal election superintendent of the City of Douglas 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 Douglas for approval or rejection. The municipal election superintendent shall conduct that election on any permissible referendum date under Code Section 21-2-540 of the O.C.G.A., but not later than the 2017 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 Coffee County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Douglas to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may
( ) NO be amended from time to time?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Douglas. It shall be the municipal election superintendent's duty to certify the results thereof to the Secretary of State.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to authorize the City of Douglas 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.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Dominic LaRiccia, Representative from District 169, 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 Douglas Enterprise, which is the official organ of Coffee County, on the 1st of February in the year 2017; 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/ DOMINIC LARICCIA Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of February, 2017, Before me:

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

Approved May 2, 2017.

__________

CHEROKEE COUNTY BOARD OF EDUCATION; COMPENSATION.

No. 85 (House Bill No. 306).

AN ACT

To amend an Act providing for the membership of the Board of Education of Cherokee County, approved April 17, 1973 (Ga. L. 1973, p. 3207), as amended, so as to change provisions relating to the compensation of the members of said board of education; 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 membership of the Board of Education of Cherokee County, approved April 17, 1973 (Ga. L. 1973, p. 3207), as amended, is amended by striking Section 4B and inserting in its place a new Section 4B to read as follows:

"SECTION 4B. The chairman of the board of education shall be compensated in an amount to be determined by the board, but not to exceed $1,200.00 per month. Each of the other members of the board shall be compensated in an amount to be determined by the board, but not to exceed $1,000.00 per month. The chairman and other members shall be paid in equal monthly installments from the funds of the board of education."

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 2. This Act shall become effective on January 1, 2019.

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 2017 session of the General Assembly of Georgia a bill to amend an Act providing for the membership of the Board of Education of Cherokee County, approved April 17, 1973 (Ga.L. 1973, p. 3207), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Scot Turner, Representative from District 21, 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 27th of January in the year 2017; 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/ SCOT TURNER Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 9th of February in the year 2017, Before me:

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

Approved May 2, 2017.

__________

COBB COUNTY OFFICE OF THE SHERIFF; CHIEF DEPUTY, ASSISTANT CHIEF DEPUTY, AND EXECUTIVE ASSISTANT TO THE SHERIFF; COMPENSATION.

No. 86 (House Bill No. 355).

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 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 subsections (b), (c), and (d) of Section 5 as follows:

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

"(b) The sheriff of Cobb County shall have one chief deputy whose salary shall be $138,839.13 per annum, to be paid in equal monthly installments from the funds of Cobb County. The chief deputy sheriff shall possess the same qualifications for office as required for the sheriff. The chief deputy shall serve at the pleasure of the sheriff. Each candidate for the office of sheriff of Cobb County shall, at the time he or she qualifies to run for the office of sheriff, designate and certify to the judge of the probate court the name of the person who shall be his or her chief deputy sheriff. In the event the office of sheriff becomes vacant by death, resignation, or otherwise, the vacancy shall be filled until the next general election by said chief deputy, who shall in such event enter upon the performance of said duties upon taking the oath of office prescribed by law for the sheriff of Cobb County. The chief deputy sheriff is authorized, when directed by the sheriff, to discharge any and all of the duties and powers of the sheriff. In addition to said chief deputy, said sheriff shall be authorized to name and appoint such additional deputies as shall be approved from time to time by the governing authority of Cobb County. The salaries of said additional deputies shall be set by the governing authority of Cobb County; provided, however, that said salaries shall not be less than $4,880.00 per annum per each additional deputy approved by said governing authority of Cobb County. In addition to said chief deputy and other deputies provided for in this subsection, the sheriff of Cobb County shall be authorized to employ the clerical help necessary to perform properly the functions and duties of his or her office, provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County. (c) In addition to those employees provided for by subsection (b) of this section, there is created the office of assistant chief deputy for Cobb County. The assistant chief deputy shall be appointed by the sheriff, shall be under his or her direct supervision and control, and shall serve at the pleasure of the sheriff. The individual appointed by the sheriff of Cobb County shall possess, at a minimum, a high school education or its equivalent and shall either be a graduate of the Federal Bureau of Investigation's National Academy for Peace Officers or possess ten years of actual experience as a peace officer or be a graduate of a law school accredited by the Georgia Bar Association or be a graduate of the Southern Police Institute School of Police Management and Administration or have a master's degree from an accredited college or university. The salary of the assistant chief deputy shall be $125,976.83 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 $75,692.46 per annum, to be paid in equal monthly installments from the funds of Cobb County."

GEORGIA LAWS 2017 SESSION
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

3619

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended; and for other purposes.
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 20th of January in the year 2017; 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

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 30th of January, 2017, Before me:

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

Approved May 2, 2017.

__________

COBB COUNTY BOARD OF COMMISSIONERS; COMPENSATION.

No. 87 (House Bill No. 356).

AN ACT

To amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 12, 2008 (Ga. L. 2008, p. 3691) and an Act approved May 12, 2015 (Ga. L. 2015, p. 4048), so as to change the provisions relating to the compensation of the chairperson and the other commissioners 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 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, 3, and 4 shall be eligible to be paid as their entire compensation for services as commissioners the sum of $46,531.14 per annum, payable monthly, to be paid out of the county treasury upon warrants drawn upon the county treasury. The commissioner representing District 2 shall be eligible to be paid as his or her entire compensation for services as commissioner the sum of $44,095.93 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

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compensation the sum of $135,123.87 per annum, payable monthly, also to be paid out of the county treasury upon warrants drawn upon the county treasury. In recognition of the additional demands placed on the time of the chairperson and the additional duties and responsibilities of that position, the chairperson shall be compensated on a full-time employment basis; provided, however, that the chairperson shall be allowed to devote no more than 15 hours per week to a business or employment interest unrelated to the business of the board of commissioners. Except as provided otherwise in this section, the salary so fixed shall constitute the entire compensation from all sources to which such chairperson or any commissioner shall be entitled. The chairperson and the commissioners may be reimbursed for reasonable expenses incurred in carrying out their duties. Such expenses shall include the following:
(1) Mileage reimbursement for the use of a private automobile while conducting county business; (2) Secretarial services, if required, over and above the services normally provided by the county; and (3) Travel and lodging expenses and fees incurred in conjunction with training seminars, conventions, or official county business conducted outside of Cobb County."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 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; 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 20th of January in the year 2017; and

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(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 30th of January, 2017, Before me:

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

Approved May 2, 2017.

__________

CITY OF PEACHTREE CORNERS CITY OF PEACHTREE CORNERS PUBLIC FACILITIES AUTHORITY; CREATION.

No. 88 (House Bill No. 369).

AN ACT

To create the City of Peachtree Corners Public Facilities Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for the issuance and sale of revenue bonds and their negotiability, sale, and use of proceeds from such sales; to provide for conditions for issuance of such obligations; to prohibit the pledge of credit for the

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payment of bonds; to provide for trust indentures; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for the authority's purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions and exemptions from levy and sale; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for severability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Short title.

This Act shall be known and may be cited as the "City of Peachtree Corners Public Facilities Authority Act."

SECTION 2. Creation of authority; purpose.

There is created a body corporate and politic to be known as the "City of Peachtree Corners Public Facilities Authority," which shall be deemed to be a public corporation. Such corporation shall be separate and distinct from any public corporation or other entity heretofore created by the General Assembly and shall be an instrumentality of the State of Georgia exercising governmental powers. The authority is created for the purpose of promoting the public good and general welfare of the citizens of the City of Peachtree Corners and assisting the City of Peachtree Corners in providing facilities, equipment, and services to the citizens of the City of Peachtree Corners in the most efficient means possible. In connection with the exercise of any of its powers, the members of the authority may make findings or determinations that will promote the public good and general welfare of the citizens of the City of Peachtree Corners and assist the City of Peachtree Corners in providing facilities, equipment, and services, and such findings or determinations, if made, shall be conclusive and binding.

SECTION 3. Definitions.

As used in this Act, the following words and terms shall have the meaning specified unless the context or use clearly indicates a different meaning or intent:

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(1) "Authority" means the City of Peachtree Corners Public Facilities Authority created by this Act. (2) "Cost of the project" means and includes:
(A) The cost of construction; (B) The cost of all land and interests therein, properties, rights, easements, and franchises acquired; (C) The cost of acquiring, constructing, or erecting buildings, improvements, materials, labor, and services; (D) The cost of all machinery and equipment; (E) Financing charges and interest prior to and during construction or acquisition of any project and for six months after such project is placed into service and operational at the level intended; (F) The cost of construction, engineering, architectural, fiscal, accounting, inspection, and legal expenses relating to a project or to the financing or refinancing of any project and other expenses necessary or incident to determining the feasibility or practicability of any project; and (G) Administrative expenses relating to any project or the financing or refinancing thereof and such other expenses as may be necessary or incident to the financing of a project authorized by this Act, the acquisition, construction, renovation, reconstruction, or remodeling of a project, and the placing of the same in operation. Any obligation or expense incurred for any of the purposes in this paragraph shall be regarded as part of the cost of the project and may be paid or reimbursed as such out of any funds of the authority, including proceeds of any revenue bonds issued under the provisions of this Act for any such project or projects and the proceeds of the sale of any contracts, lease agreements, or installment sales agreements or the amounts payable thereunder, either directly or by the creation of interests therein. (3) "City" means the City of Peachtree Corners, Georgia, or its successor. (4) "Project" means and includes the acquisition, construction, equipping, maintenance, and operation of any undertaking as defined in Code Section 36-82-61 of the O.C.G.A.; any undertaking, project, or service for which any governmental body contracting with the authority is authorized by law to undertake in the performance of its governmental, administrative, or proprietary functions; all personal property to be used in connection therewith; and the lease and sale of any part or all of such facilities, including real and personal property, so as to ensure the efficient and proper development, maintenance, and operation of such project deemed by the authority to be necessary, convenient, or desirable. A project may be composed exclusively of real or personal property, equipment, fixtures, machinery, or other property of any nature whatsoever used or useful in connection with the governmental, administrative, and proprietary functions of any governmental body contracting with the authority for its services or facilities.

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(5) "Revenue bonds" means revenue bonds issued by the authority pursuant to the terms of this Act or under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."

SECTION 4. Powers of the authority.

The authority shall have the power: (1) To hold, own, lease, transfer, and convey real and personal property or interests therein; (2) To sue and be sued; (3) To have and use a seal and to alter the same at its pleasure; (4) To acquire, construct, purchase, own, equip, operate, extend, improve, lease, and sell any project; (5) To exercise the powers conferred upon a public corporation or a public authority by Article IX, Section III, Paragraph I of the Constitution of Georgia, and such authority is expressly declared to be a public corporation or a public authority within the meaning of such provision of the Constitution of Georgia; (6) To acquire property and projects in its own name by gift or by purchase on such terms and conditions and in such manner as it may deem proper. If the authority shall deem it expedient to construct any project on real property or any interest therein or usufruct which is subject to the control of the city, the city is authorized to convey such real property or interest therein to the authority for no consideration or for such consideration as may be agreed upon by the authority and the city, taking into consideration the public benefit to be derived from such conveyance. The city may transfer such property or interest therein without regard to any determination as to whether or not such property or interest therein is surplus; (7) To accept gifts and bequests for its corporate purposes; (8) To appoint, select, and employ, with or without bidding, as the authority may choose, officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, underwriters or other advisors, and attorneys, and to fix their compensation; (9) To make and execute with public and private persons and corporations contracts, lease agreements, rental agreements, installment sale agreements, and other instruments relating to its projects and incident to the exercise of the powers of the authority, including contracts for constructing, renting, leasing, and selling its projects for the benefit of the city; and, without limiting the generality of this paragraph, authority is specifically granted to the authority and to the city to enter into contracts, lease agreements, rental agreements, installment sale agreements, and related agreements for a term not exceeding 50 years as provided in Article IX, Section III of the Constitution of Georgia;

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(10) To lease, sell, transfer, or otherwise dispose of any property, real or personal, or assets of the authority or to assign its rights under its contracts, lease agreements, or installment sale agreements or its right to receive payments thereunder, either directly or through trust or custodial arrangements whereby interests are created in such contracts, lease agreements, or installment sale agreements or the payments to be received thereunder through the issuance of trust certificates, certificates of participation, custodial receipts, or other similar instruments; (11) To accept loans or grants of money or property of any kind from the United States, the State of Georgia, or any political subdivision of the State of Georgia; (12) To borrow money for any of its corporate purposes and to issue revenue bonds, notes, or other types of indebtedness payable solely from funds or revenues of the authority pledged for that purpose; to pledge and assign any of its revenues, income, rent, charges, and fees to provide for the payment of the same; and to provide for the rights of the holders of such revenue bonds; (13) To enter into interest rate swaps, collars, or other types of interest rate management agreements or credit enhancement or liquidity agreements relating to any obligations of the authority, provided that the obligation of the authority under such agreements shall not be a general obligation of the authority but shall be a limited obligation of the authority payable from a specific source of funds identified for such purpose; (14) To make such rules and regulations governing its employees and property as it may in its discretion deem proper; (15) To be sued the same as any private corporation on any contractual obligation of the authority. The authority shall have the same rights to sue any other person or entity as any private corporation; and (16) To issue its revenue bonds, notes, or other obligations to finance or refinance any project which may be financed by the city under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."

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

The authority shall consist of seven members who shall be appointed by the mayor and council of the City of Peachtree Corners. The mayor and councilmembers of the City of Peachtree Corners may be appointed as members of the authority. In the event that the mayor or any councilmember is appointed as a member of the authority, such mayor or councilmember shall hold the office of member of the authority for a term coinciding with his or her term on the city council or as mayor and shall serve until his or her successor takes office. All other appointments of members to the authority shall be made for terms of three years and until successors are appointed and qualified. Immediately after such appointments, the members of the authority shall enter upon their duties. To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age, shall be a resident of

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the City of Peachtree Corners, Georgia, for at least two years prior to the date of his or her appointment, and shall not have been convicted of a felony. Any member of the authority may be selected and appointed to succeed himself or herself. The mayor and city council, in their capacities to the city, may nominate and appoint up to three additional members to the authority who possess knowledge or experience in matters within the power of the authority. The three additional members of the authority shall serve one-year terms and are eligible to be reappointed without limitation. Immediately after their official seating on the authority, the additional members of the authority shall enter upon their duties. A majority of the members of the authority shall constitute a quorum, and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority, and in every instance, a majority vote of a quorum shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds. The authority shall elect one of its members as chairperson and shall elect a secretary and a treasurer. The secretary and treasurer need not necessarily be members of the authority. The chairperson shall be a nonvoting member of the authority; however, if at any time there are an even number of members on the authority, the chairperson shall be allowed to vote but only to break a tie. The authority may elect a vice chairperson or any number of assistant secretaries or treasurers as it may from time to time deem necessary or desirable. The members of the authority shall not be entitled to compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regulations for its own governance, and it shall have perpetual existence. Any change in name or composition of the authority shall in no way affect the vested rights of any person under the provisions of this Act or impair the obligations of any contracts existing under this Act.

SECTION 6. Issuance and sale of revenue bonds.

The authority shall have power and is authorized from time to time to provide for the issuance and sale of negotiable revenue bonds in the manner provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," for the purpose of paying all or any part of the cost of any one or more projects, including the cost of constructing, reconstructing, equipping, extending, adding to, or improving any such project, or for the purpose of refunding, as provided in this Act, any such bonds of the authority or any other authority or public body previously issued to finance or refinance the cost of a project. The principal of and interest on such revenue bonds shall be a limited obligation of the authority payable solely from the source or sources of funds specified in the indenture or resolution of the authority authorizing the issuance of such revenue bonds. The revenue bonds of each issue shall be issued and validated under and in accordance with the provisions of the "Revenue Bond Law." Such revenue bonds shall mature on such dates, bear interest at such

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rate or rates, whether fixed or variable, be subject to redemption, and have such other terms as the authority may provide in the indenture or resolution relating thereto.

SECTION 7. Power to incur loans or issue notes.

The authority shall also have the power to incur indebtedness from time to time for the purpose of financing or refinancing any project or refunding any obligations previously issued for such purpose, or for any other purpose, whether in the form of a loan or through the issuance of notes, and the principal of and interest on such notes or loans shall be a limited obligation of the authority payable solely from the source or sources of funds specified in the resolution or indenture of the authority authorizing such loan or the issuance of such notes. Any such loan or notes shall not be required to be validated as a condition to the issuance thereof and shall have such terms as may be specified by the authority in the resolution or indenture authorizing the same.

SECTION 8. Negotiable instruments; bonds or other obligations exempt from taxation.

All revenue bonds issued under the provisions of this Act shall have all the qualities and incidents of negotiable instruments under the negotiable instruments law of this state. All such bonds, and any loan incurred or note issued as provided in this Act, are declared to be issued or incurred for an essential public and governmental purpose, and such obligations and the interest thereon shall be exempt from all taxation within this state.

SECTION 9. Revenue bonds or notes not a debt or general obligation.

Revenue bonds or notes issued under the provisions of this Act or any loan incurred as authorized herein shall not constitute a debt or a pledge of the faith and credit of the State of Georgia or of any political subdivision thereof, including the city, but shall be payable solely from the sources as may be designated in the resolution or indenture of the authority authorizing the issuance of the same. The issuance of such obligations shall not directly, indirectly, or contingently obligate the State of Georgia or any political subdivision thereof, including the city, to levy or pledge any form of taxation for the payment thereof. No holder of any bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the State of Georgia or any political subdivision thereof, including the city, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such obligations shall contain on their face a recital setting forth substantially the provisions of this section. Nothing in this section shall be construed to prohibit the State of Georgia or any political subdivision or agency thereof,

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including the city, from obligating itself to pay the amounts required under any contract entered into with the authority pursuant to Article IX of the Constitution of Georgia or any successor provision, including from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred by the authority and from any other source.

SECTION 10. Issuance of bonds or obligations under indentures or resolutions.

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

SECTION 11. Security of the payment of bonds or other obligations.

The authority may assign or pledge any property or revenues to the payment of the principal of and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust indenture may provide. The use and disposition of such property or revenues assigned to the payment of bonds or other obligations shall be subject to the indenture or resolution authorizing the issuance of such revenue bonds or obligations. Any

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lien created by the authority for the payment of such bonds or obligations may be a first lien or a subordinate lien as the authority may provide, and any such indenture or resolution may provide, at the option of the authority, for the issuance of additional bonds or other obligations sharing any lien on a parity or subordinate lien basis.

SECTION 12. Refunding bonds or obligations.

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

SECTION 13. Principal office; venue.

The principal office of the authority shall be in the city, and the venue of any action against it shall be in Gwinnett County. Any action pertaining to the validation of any bonds issued under the provisions of this Act and for the validation of any contract entered into by the authority shall be brought in the Superior Court of Gwinnett County, and such court shall have exclusive original jurisdiction of such actions. Service upon the authority of any process, subpoena, or summons shall be effected by serving the same personally upon any member of the authority.

SECTION 14. Validation of revenue bonds.

Revenue bonds of the authority shall be confirmed and validated in accordance with the procedure set forth in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," as the same now exists or may hereafter be amended. The petition for validation shall also make a party defendant to such action the city, if the city has or will contract with the authority with respect to the project for which bonds are to be issued and are sought to be validated. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to the validity of such bonds against the authority and against all other persons or entities, regardless of whether such persons or entities were parties to such validation proceedings.

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SECTION 15. No impairment of rights.

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

SECTION 16. Trust funds; permitted investments.

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

SECTION 17. Power to set rates, fees, and charges.

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

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SECTION 18. Essential governmental function; no taxes or assessments.

All property or interests in property owned by the authority shall be public property held and owned for governmental purposes and shall be exempt from ad valorem taxation. The exercise of the powers conferred upon the authority hereunder shall constitute an essential governmental function for a public purpose and the authority shall not be required to pay taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and maintenance of property acquired by it or of buildings acquired or erected by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the authority. The tax exemption herein provided shall not include an exemption from sales and use tax on property purchased by or for the use of the authority.

SECTION 19. Immunity of authority and members.

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

SECTION 20. Authority property not subject to levy and sale.

The property of the authority shall not be subject to levy and sale under legal process.

SECTION 21. Authority area of operation.

The scope of the authority's operations shall be limited to the territory embraced within the territorial limits of the city, as the same now or may hereafter exist; provided, however, that nothing in this section shall prevent the authority from contracting with any entity, public or private, outside of the city with respect to any project located in or outside of the city if the authority shall determine that entering into such contract is in the best interest of the authority and in furtherance of its public purposes.

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SECTION 22. Supplemental powers.

This Act does not in any way take away from the authority any power which may be conferred upon it by law but is supplemental thereto.

SECTION 23. No power to impose taxes.

The authority shall not have the right to impose any tax on any person or property.

SECTION 24. Act to be liberally construed.

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

SECTION 25. Severability of provisions.

Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect the remainder of this Act, or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof.

SECTION 26. Effective date.

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

SECTION 27. 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 2017 session of the General Assembly of Georgia a bill to create the City of Peachtree Corners Public Facilities Authority; to repeal conflicting laws; and for other purposes.

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AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Scott Hilton, Representative from District 95, 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 Gwinnett Daily Post, which is the official organ of Gwinnett County, on the 10th of February in the year 2017; 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/ SCOTT HILTON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 14th of February in the year 2017, Before me:

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

Approved May 2, 2017.

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3635

FULTON COUNTY BOARD OF COMMISSIONERS; CHAIRPERSON; CLARIFY MANNER OF ELECTION.

No. 89 (House Bill No. 377).

AN ACT

To amend an Act creating the Board of Commissioners of Fulton County, approved December 3, 1880 (Ga. L. 1880-81, p. 508), as amended, particularly by an Act approved May 6, 2013 (Ga. L. 2013, p. 4374), so as to provide for the position of chairperson and to clarify the manner of election of such position; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Board of Commissioners of Fulton County, approved December 3, 1880 (Ga. L. 1880-81, p. 508), as amended, particularly by an Act approved May 6, 2013 (Ga. L. 2013, p. 4374), is amended by revising Section 2 as follows:
"SECTION 2. (a) For purposes of electing members of the board of commissioners, Fulton County is divided into six commissioner districts. One member of the board shall be elected from each such district. Commissioner Districts 1, 2, 3, 4, 5, and 6 shall be and correspond to those six numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: fultoncc-p1-2013 Plan Type: Local Administrator: HD050 User: Gina'. The chairperson of the board of commissioners shall be elected at large. (b) For the purposes of such plan:
(1) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (2) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (c) Any part of Fulton County which is not included in any district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia.

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(d) Any part of Fulton County which is described in subsection (a) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (e) All members of the board of commissioners shall be qualified electors of Fulton County and shall be at least 21 years of age as of the date of taking office. All of such members shall have been residents of their respective districts for at least one year from the date of their taking office. The chairperson of the board of commissioners shall be elected by a majority vote of the qualified electors of the entire county voting at the elections provided for in this Act. The commissioners from Districts 1, 2, 3, 4, 5, and 6 shall be residents of their respective commissioner districts, and each such member shall be elected by a majority vote of the qualified electors voting within the member's respective commissioner district at the elections provided for in this Act. Any person offering as a candidate for commissioner shall designate the commissioner district for which he or she is offering. All members of the board of commissioners shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'"

SECTION 2. Said Act is further amended by revising Section 3 as follows:

"SECTION 3. (a) Members of the board of commissioners from Commissioner Districts 1, 3, and 5 shall be elected in the 2014 general election by the qualified electors of their respective districts, shall take office on January 1, 2015, and shall serve a term of office of four years and until their respective successors are elected and qualified. Members of the board of commissioners from Commissioner Districts 2, 4, and 6 shall be elected in the 2014 general election by the qualified electors of their respective districts, shall take office on January 1, 2015, and shall serve a term of office of two years and until their respective successors are elected and qualified. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the term of office, shall take office on January 1 immediately following such election, and shall serve terms of office of four years and until their respective successors are elected and qualified. In the event that the office of a commissioner from Commissioner District 1, 2, 3, 4, 5, or 6 becomes vacant and the unexpired term is six months or less, the Governor shall appoint a qualified person to serve for the remainder of the unexpired term of office. If the unexpired term of office is more than six months, such vacancy shall be filled by a special election held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' (b) The chairperson shall be elected in the 2014 general election by the qualified electors of the entire county, shall take office on January 1, 2015, and shall serve a term of office of four years and until his or her successor is elected and qualified. Thereafter, a successor

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to such chairperson shall be elected at the general election immediately preceding the expiration of the term of office, shall take office on January 1 immediately following such election, and shall serve a term of office of four years and until his or her successor is elected and qualified. In the event that the office of chairperson becomes vacant and the unexpired term is six months or less, the Governor shall appoint a chairperson from among the members of the board to serve as chairperson for the remainder of the term. If the unexpired term is more than six months, such vacancy shall be filled by a special election held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' The chairperson shall be a full voting member of the board of commissioners. (c) The chairperson of the board of commissioners shall have the following powers and duties:
(1) To preside at meetings of the board of commissioners; (2) To serve as the official spokesperson for the board of commissioners; (3) To sign all official papers and other instruments and documents on behalf of the board of commissioners as directed or authorized by ordinance, resolution, or policy of the board of commissioners; (4) To make appointments of members of the board of commissioners to committees thereof and to make appointments to other committees, boards, or public authorities as authorized by law or by ordinance, resolution, or policy of the board of commissioners; and (5) To perform such other duties as may be provided by ordinance or resolution of the board of commissioners. (d) Four members of the board of commissioners shall constitute a quorum for the transaction of business, but the affirmative vote of at least four commissioners shall be required for the board of commissioners to take official action."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Fulton County, approved December 3, 1880 (Ga. L. 1880-81, p. 508), as amended, particularly byan Act approved May 6, 2013 (Ga. L. 2013, p. 4374), and for other purposes.

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AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Beth Beskin, Representative from District 54, 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 8th of February in the year 2017; 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/ BETH BESKIN Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 13th of February, 2017, Before me:

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

Approved May 2, 2017.

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GEORGIA LAWS 2017 SESSION

3639

CITY OF KENNESAW CORPORATE LIMITS.

No. 90 (House Bill No. 378).

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), by an Act approved May 6, 2015 (Ga. L. 2015, p. 3737), and by an Act approved May 3, 2016 (Ga. L. 2016, p. 4210), 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, particularly by an Act approved April 10, 2014 (Ga. L. 2014, p. 4106), by an Act approved May 6, 2015 (Ga. L. 2015, p. 3737), and by an Act approved May 3, 2016 (Ga. L. 2016, p. 4210), is amended in subsection (c) of Section 1.02 by adding a new paragraph to read as follows:
"(4) The corporate limits of the City of Kennesaw shall also include the following described parcels of land:

Tract 1.

ALL THAT TRACT OF PARCEL OF LAND LYING AND BEING IN ORIGINAL LAND LOT NO 175 OF THE 20TH DISTRICT AND 2ND SECTION OF COBB COUNTY, GEORGIA, AS SHOWN BY PLAT MADE BY JOHN H. LORD, SURVEYOR, DATED JUNE 24, 1964, RECORDED IN PLAT BOOK 37, PAGE 50, COBB COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT AN IRON PIN LOCATED ON THE SOUTHWESTERLY SIDE OF OLD U.S. HIGHWAY (DIXIE HIGHWAY) NO. 41 SAID IRON PIN IS LOCATED 1558.8 FEET NORTHWESTERLY FROM THE INTERSECTION OF THE SOUTHWESTERLY SIDE OF OLD U.S. HIGHWAY (DIXIE HIGHWAY) NO. 41 WITH THE NORTHEASTERLY SIDE OF U.S. HIGHWAY (4-LANE) NO. 41 AS SHOWN ON SAID PLAT, SAID INTERSECTION IS ESTABLISHED BY MEASURING 100 FEET FROM THE CENTERLINE OF U.S. HIGHWAY (4-LANE) NO. 41 AND BY MEASURING 30 FEET FROM THE CENTERLINE OF OLD U.S. HIGHWAY (DIXIE HIGHWAY) NO. 41 SAID POINT OF BEGINNING IS ALSO

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LOCATED AT THE NORTHEAST CORNER OF PROPERTY CONVEYED BY E.S. ROBERTSON TO R. S. FAIN BY DEED DATED APRIL 4, 1939 AND RECORDED IN DEED BOOK 133, PAGE 68, COBB COUNTY RECORDS, SAID POINT OF BEGINNING IS ALSO LOCATED 11.5 FEET NORTHWESTERLY FROM A HIGHWAY MARKER LOCATED ON SAID R.S. FAIN PROPERTY, FROM SAID POINT OF BEGINNING RUNNING THENCE SOUTH 58 DEGREES 51 MINUTES WEST 354.7 FEET TO AN IRON PIN LOCATED ON THE NORTHEASTERLY SIDE OF U.S. HIGHWAY (4-LANE) NO. 41; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY SIDE OF SAID U.S. HIGHWAY (4-LANE) NO. 41 FOR A DISTANCE OF 483.4 FEET TO AN IRON PIN; THENCE NORTH 8 DEGREES 45 MINUTES WEST 278.3 FEET TO AN IRON PIN; THENCE NORTH 64 DEGREES 30 MINUTES EAST 160.0 FEET TO AN IRON PIN; THENCE SOUTH 31 DEGREES 16 MINUTES EAST 169.5 FEET TO AN IRON PIN; THENCE NORTH 87 DEGREES 16 MINUTES EAST 78.3 FEET TO AN IRON PIN; THENCE NORTH 57 DEGREES 18 MINUTES EAST 136.8 FEET TO AN IRON PIN LOCATED ON THE SOUTHWESTERLY SIDE OF OLD U.S. HIGHWAY (DIXIE HIGHWAY) NO. 41; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY SIDE OF SAID OLD U.S. HIGHWAY (DIXIE HIGHWAY) NO. 41 FOR A DISTANCE OF 511.0 FEET TO AN IRON PIN AT THE POINT OF BEGINNING.

Tract 2.

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 130 OF THE 20TH DISTRICT, 2ND SECTION, COBB COUNTY, GEORGIA, CONTAINING 13.216 ACRES AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT 2" PIPE FOUND AT THE INTERSECTION OF THE LAND LOT LINE COMMON TO LAND LOTS 130 AND 131 AND THE NORTHERLY RIGHT OF WAY ON BEN KING ROAD (80' RIGHT OF WAY); THENCE RUNNING ALONG THE NORTHERLY RIGHT OF WAY OF BEN KING ROAD NORTH 72 DEGREES, 40 MINUTES 43 SECONDS WEST FOR A DISTANCE OF 400.00 FEET TO A 2" PIPE FOUND ON SAID RIGHT OF WAY; THENCE LEAVING SAID RIGHT OF WAY NORTH 01 DEGREES 02 MINUTES 41 SECONDS WEST FOR A DISTANCE OF 244.48 FEET TO A 2" GALVANIZED PIPE FOUND; THENCE NORTH 70 DEGREES 57 MINUTES 25 SECONDS WEST FOR A DISTANCE OF 374.92 FEET TO A POINT; THENCE NORTH 05 DEGREES 18 MINUTES 01 SECONDS EAST FOR A DISTANCE OF 149.33 FEET TO A 1" PIPE FOUND; THENCE NORTH 04 DEGREES 41 MINUTES 05 SECONDS EAST FOR A DISTANCE OF 441.90 FEET TO A 1-1/2" PIPE FOUND; THENCE SOUTH 81 DEGREES 25 MINUTES 30 SECONDS EAST FOR A DISTANCE OF 209.63 FEET

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TO A WOOD POST FOUND; THENCE SOUTH 82 DEGREES 00 MINUTES 02 SECONDS EAST FOR A DISTANCE OF 496.75 FEET TO A 2-1/4" PIPE FOUND ON THE LAND LOT LINE COMMON TO LAND LOTS 130 AND 131; THENCE RUNNING ALONG SAID LAND LOT LINE SOUTH 00 DEGREES 28 MINUTES 04 SECONDS WEST FOR A DISTANCE OF 974.74 FEET TO A 2" PIPE FOUND ON THE NORTHERLY RIGHT OF WAY OF BEN KING ROAD AND BEING THE POINT OF BEGINNING.

Tract 3.

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 130 OF THE 20TH DISTRICT, 2ND SECTION, COBB COUNTY, GEORGIA, CONTAINING 1.182 ACRES AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

TO FIND THE TRUE POINT OF BEGINNING BEGIN AT A 2" PIPE FOUND AT THE INTERSECTION OF THE LAND LOT LINE COMMON TO LAND LOTS 130 AND 131 AND THE NORTHERLY RIGHT OF WAY OF BEN KING ROAD (80' RIGHT OF WAY); THENCE RUN ALONG THE NORTHERLY RIGHT OF WAY OF BEN KING ROAD NORTH 72 DEGREES 40 MINUTES 43 SECONDS WEST FOR A DISTANCE OF 400.00 FEET TO 2" PIPE FOUND ON SAID RIGHT OF WAY, SAID PIPE BEING THE TRUE POINT OF BEGINNING THUS ESTABLISHED AND CONTINUING ALONG SAID RIGHT OF WAY NORTH 72 DEGREES 40 MINUTES 43 SECONDS WEST FOR A DISTANCE OF 180.00 FEET TO A 2" PIPE FOUND ON SAID RIGHT OF WAY; THENCE LEAVING SAID RIGHT OF WAY; THENCE LEAVING SAID RIGHT OF WAY NORTH 00 DEGREES 37 MINUTES 34 SECONDS WEST FOR A DISTANCE OF 199.61 FEET TO A 2" GALVANIZED PIPE FOUND; THENCE NORTH 71 DEGREES 23 MINUTES 29 SECONDS WEST FOR A DISTANCE OF 199.90 FEET TO A 1" SOLID ROD FOUND; THENCE NORTH 05 DEGREES 18 MINUTES 01 SECONDS EAST FOR A DISTANCE OF 50.00 FEET TO A POINT; THENCE SOUTH 70 DEGREES 57 MINUTES 25 SECONDS EAST FOR DISTANCE OF 374.91 FEET TO A 2" GALVANIZED PIPE FOUND; THENCE SOUTH 01 DEGREES 02 MINUTES 41 SECONDS EAST FOR A DISTANCE OF 244.48 FEET TO A 2" PIPE FOUND ON THE NORTHERLY RIGHT OF WAY OF BEN KING ROAD AND BEING THE TRUE POINT OF BEGINNING.

Tract 4.

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 130 OF THE 20TH DISTRICT, 2ND SECTION, COBB COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

TO FIND THE TRUE POINT OF BEGINNING BEGIN AT A POINT ON THE NORTHEASTELY SIDE OF BEN KING ROAD (AN 80-FOOT RIGHT-OF-WAY) 160.02 FEET SOUTHEASTERLY AS MEASURED ALONG THE NORTHEASTERLY SIDE OF BEN KING ROAD FROM THE INTERSECTION OF THE NORTHEASTERLY SIDE OF BEN KING ROAD AND THE EASTERLY SIDE OF WREN'S WAY, SAID POINT BEING THE SOUTHEREASTERLY CORNER OF LOT 16, BLOCK B, WREN'S RIDGE SUBDIVISION, RUNNING THENCE FROM SAID POINT NORTH 01 DEGREES 09 MINUTES 00 SECONDS EAST 197.67 FEET TO A POINT, THENCE SOUTH 75 DEGREES 31 MINUTES 13 SECONDS EAST 98.69 FEET TO A POINT; THENCE SOUTH 02 DEGREES 04 MINUTES 59 SECONDS EAST 198.83 FEET TO A POINT ON THE NORTHEASTERLY RIGHT WAY OF WAY OF BEN KING; THENCE ALONG THE NORTHEASTERLY RIGHT OF WAY OF BEN KING ROAD, NORTH 76 DEGREES 27 MINUTES 00 SECOND WEST 109.83 FEET TO THE TRUE POINT OF BEGINNING. SAID PROPERTY IS MORE PARTICUALRY SHOWN AND DELINEATED ON PLAT OF SURVEY BY DLM CIVIL ENGINEERING LAND SURVEYING, LARRY R. MCCULLEN, G.R.L.S NO 2317.

BEING IMPROVED PROPERTY KNOWN AS 1720 BEN KING ROAD, ACCORDING TO THE PRESENT SYSTEM OF NUMBERING PROPERTY IN COBB COUNTY, GEORGIA. PARCEL ID NUMBER 20013000040.

Tract 5.

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 130 OF THE 20TH DISTRICT, 2ND SECTION, COBB COUNTY, GEORGIA, AND BEING 0.46 ACRES, AS SHOWN ON PLAT OF SURVEY FOR RALPH A. FREY, DATED NOVEMBER 5, 1997, PREPARED BY ESTON PENDLEY, RLS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT AN IRON PIN ON THE NORTHEASTERLY RIGHT OF WAY LINE OF BEN KING ROAD (AN 80 FOOT RIGHT OF WAY), SAID IRON PIN BEING 1884.0 FEET SOUTHEASTERLY AS MEASURED ALONG THE NORTHEASTERLY RIGHT OF WAY LINE OF BEN KING ROAD FROM THE INTERSECTION OF THE NORTHEASTERLY RIGHT OF WAY OF SAID ROAD AND THE CENTERLINE OF MCGARITY LANE (SAID POINT ALSO BEING 270.0 FEET SOUTHEASTERLY AS MEASURED ALONG THE NORTHEASTERLY RIGHT OF WAY LINE OF BEN KING ROAD FROM WREN'S WAY); RUNNING THENCE NORTH 02 DEGREES, 06 MINUTES, WEST 198.83 FEET TO AN IRON PIN; RUNNING THENCESOUTH 75 DEGREES, 25 MINUTES, EAST 101.2 FEET TO AN IRON PIN; RUNNING THENCE SOUTH 4 DEGREES 39 MINUTES, EAST

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200.0 FEET TO IRON PIN ON THE NORTHEASTERLY RIGHT OF WAY LINE OF BEN KING ROAD, RUNNING NORTHWESTERLY ALONG THE NORTHEASTERLY RIGHT OF WAY LINE OF BEN KING ROAD NORTH 76 DEGREES, 16 MINUTES, WEST 110.0 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 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.
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 10th of February in the year 2017; 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/ BERT REEVES 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 15th of February, 2017, Before me:

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

Approved May 2, 2017.

__________

ECHOLS COUNTY BOARD OF EDUCATION; REVISE EDUCATION DISTRICTS; MANNER OF ELECTION.

No. 91 (House Bill No. 380).

AN ACT

To amend an Act to provide for the election of the members of the board of education of Echols County, approved April 10, 1968 (Ga. L. 1968, p. 3514), as amended, so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for the continuation in office of current members; to repeal and reserve certain provisions; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide for the election of the members of the board of education of Echols County, approved April 10, 1968 (Ga. L. 1968, p. 3514), is amended by revising Section 1 as follows:

"Section 1. (a) The board of education of Echols County shall consist of five members. For the purpose electing such members, Echols County shall be divided into five districts. Districts 1, 2, 3, 4, and 5 shall correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: EcholsSB-prop1-2017 Plan Type: local Administrator: Echols User: bak.'

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(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 Echols County which is not included in any district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Echols 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 district. Each member shall be a resident of his or her respective district. A candidate shall designate the district from which such candidate offers for election. Beginning with the November, 2018, general election and in subsequent elections, members of the board shall be elected by qualified electors of Echols County. 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 elected in the November, 2014, general election 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 elected in the November, 2016, general election 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 education of Echols County from Districts 1 and 2 shall be elected in the November, 2018, general election. 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 education of Echols County from Districts 3, 4, and 5 shall be elected in the November, 2020, general election. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(g) Successors to members elected under subsections (e) and (f) of this section shall be elected in 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) Districts 1, 2, 3, 4, and 5 as they existed on January 1, 2017, shall continue to be designated as Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and, on and after the effective date of this Act, such members of the board serving from those former districts shall be deemed to be serving from and representing their respective districts as newly described under this section."

SECTION 2. Said Act is further amended by repealing Sections 2 through 4 and Section 6 and designating each such section as reserved.

SECTION 3. The provisions of this Act relating to and necessary for the 2018 regular election of members of the board of education of Echols 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, 2019.

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

Plan: EcholsSB-prop1-2017 Plan Type: local Administrator: Echols User: bak

District 001 Echols County VTD: 1011058 - STATENVILLE 880200: 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2020 2021 2022 2023 2026 2027 2028 2039 2040 2041 2042 2045

District 002 Echols County VTD: 1011058 - STATENVILLE 880100: 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1177 1178 1179 1180 1181 1185 1186 1188 1189 1190

GEORGIA LAWS 2017 SESSION
1192 1193 1195 1197 1198 1423 1427
District 003 Echols County VTD: 1011058 - STATENVILLE 880100: 1075 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1169 1171 1191 1194 1199 1200 1201 1202 1203 1204 1207 1208 1209 1210 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 1313 1314 1315 1316 1317 1318 1319 1320 1321 1322 1323 1324 1325 1326 1327 1328 1329 1330 1331 1332 1333 1334 1335 1336 1337 1338 1339 1340 1341 1342 1343 1344 1345 1346 1347 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1366 1367 1368 1369 1370 1371 1372 1373 1374 1379 1380 1381 1382 1383 1384 1389 1390 1391 1392 1393 1394 1395 1396 1398 1399 1400 1401 1402 1403 1404 1405 1406 1407 1408 1409 1410 1411 1412 1413 1414 1415 1416 1417 1418 1419 1420 1421 1422 1432 880200: 1093 2000 2001 2002 2024 2025 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2043 2044 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061
District 004 Echols County VTD: 1011058 - STATENVILLE 880100: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071

3647

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

1072 1073 1074 1076 1077 1090 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1161 1162 1163 1164 1165 1166 1167 1168 1170 1172 1173 1174 1175 1176 1182 1183 1184 1187 1196 1205 1206 1211 1212 1213 1214 1215 1216 1217 1218 1219 1375 1376 1377 1378 1385 1386 1387 1388 1397 1424 1425 1426 1428 1429 1430 1431 880200: 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 1034 1035 1036 1037 1040 1041 1042 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1087 1088 1089 1090 1095 1096

District 005 Echols County VTD: 1011058 - STATENVILLE 880200: 1027 1028 1029 1030 1031 1032 1033 1038 1039 1043 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1091 1092 1094 1097 1098 1099 1100 1101 1102 2014 2015 2016 2017 2018 2019

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act to provide for the election of the members of the board of education of Echols County, approved April 10, 1968 (Ga. L. 1968, p. 3514), 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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3649

(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 1st of February in the year 2017; 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 15th of February, 2017, Before me:

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

Approved May 2, 2017.

__________

TELFAIR COUNTY BOARD OF EDUCATION; COMPENSATION.

No. 92 (House Bill No. 383).

AN ACT

To amend an Act providing for the election of members of the Board of Education of Telfair County, approved April 11, 1979 (Ga. L. 1979, p. 3539), as amended, so as to change

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

provisions relating to the compensation of 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 providing for the election of members of the Board of Education of Telfair County, approved April 11, 1979 (Ga. L. 1979, p. 3539), as amended, is amended by revising Section 6 as follows:

"Section 6. Compensation. Unless otherwise provided by law, the board of education is authorized to increase the amount they receive as compensation. The board of education shall take no action to increase such compensation until notice of intent to take such action has been published in a newspaper designated as the legal organ for the county at least once a week for three consecutive weeks immediately preceding the meeting at which the action is taken."

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 2017 session of the General Assembly of Georgia a bill to amend an Act providing for the election of members of the Board of Education of Telfair County, approved April 11, 1979 (Ga. L. 1979, p. 3539), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jimmy Pruett, Representative from District 149, 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 Telfair Enterprise, which is the official organ of Telfair County, on the 8th of February in the year 2017; 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/ JIMMY PRUETT Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 15th of February, 2017, Before me:

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

Approved May 2, 2017.

__________

COBB COUNTY OFFICE OF TAX COMMISSIONER; COMPENSATION OF CERTAIN EMPLOYEES.

No. 93 (House Bill No. 384).

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:

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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 $18,001.39, 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 $112,983.32. Any candidate for the office of tax commissioner of Cobb County shall, on the date of qualifying for such office in either a primary or a general election, certify to the judge of the Probate Court of Cobb County the name of the person the candidate shall appoint as chief clerk in the event he or she is elected to the office of tax commissioner of Cobb County; and the person so named shall serve as the chief clerk during the term for which he or she was so named. In the event of the death or removal from office of said chief clerk, the tax commissioner of Cobb County shall have 30 days from said date of death or removal from office of said chief clerk to certify to the judge of the Probate Court of Cobb County the name of the chief clerk to be appointed. (b) In addition to those employees provided for in subsection (a) of this section, there is created the position of executive secretary to the tax commissioner. The executive secretary shall be appointed by the tax commissioner, shall be under the tax commissioner's direct supervision and control, and shall serve at the pleasure of the tax commissioner. The tax commissioner shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of executive secretary. The salary of the executive secretary shall be $62,159.19 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 $62,159.19 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.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2017 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; 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 20th of January in the year 2017; 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 30th of January, 2017, Before me:

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

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My Commission Expires December 29, 2018 [SEAL]

Approved May 2, 2017.

__________

CITY OF COVINGTON CORPORATE LIMITS.

No. 94 (House Bill No. 393).

AN ACT

To amend an Act to incorporate and to grant a new charter to the City of Covington, approved January 30, 1962 (Ga. L. 1962, p. 2003), as amended, so as to change the corporate limits of such municipality; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to incorporate and to grant a new charter to the City of Covington, approved January 30, 1962 (Ga. L. 1962, p. 2003), as amended, is amended by adding a new section to read as follows:

"SECTION 4.1. The area included in the corporate limits of the City of Covington shall not include:
All that tract or parcel of land lying and being in Land Lot 267 of the 9th Land District, City of Covington, Newton County, Georgia, and being more particularly described as follows:
Beginning at a point on the Land Lot line dividing Land Lot 267 and Land Lot 270 (said line also being the city limits of the City of Covington and the City of Oxford) at its intersection with the western right of way of Emory Street (50' ROW), also known as Georgia Highway 81, and being the Point of Beginning; thence, running westerly along said land lot line a distance of 184 feet to a point; thence, running south a distance of 130 feet to a point; thence, running east a distance of 110 feet to a point on the northerly right of way of Geiger Street (50' ROW); thence, running northeasterly along the northerly right of way of Geiger Street a distance of 110 feet to a point marking the intersection of Geiger Street and Emory Street; thence, running north along the westerly right of way of Emory Street a distance of 65 feet to the Point of Beginning.

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Said property being now or formerly known as 6153 and 6155 N. Emory Street, Covington, Georgia, 30014, and in accordance with the current system of numbering houses in Newton County, Georgia."

SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or becomes law without such approval, provided that an Act annexing the territory described in this Act into the City of Oxford is enacted at the 2017 session of the General Assembly.

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 2017 SESSION OF THE GENERAL ASSEMBLY OF GEORGIA A BILL TO AMEND AN ACT TO INCORPORATE AND TO GRANT A NEW CHARTER TO THE CITY OF COVINGTON, APPROVED JANUARY 30, 1962 (GA. L. 1962, P. 2003), AS AMENDED; AND FOR OTHER PURPOSES.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Dave Belton, Representative from District 112, 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 29th of January in the year 2017; 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/ DAVE BELTON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of February, 2017, Before me:

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

Approved May 2, 2017.

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CITY OF OXFORD CORPORATE LIMITS.

No. 95 (House Bill No. 394).

AN ACT

To amend an Act to provide a new charter for the City of Oxford, approved April 13, 2001 (Ga. L. 2001, p. 4195), as amended, so as to change the corporate limits of such municipality; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide a new charter for the City of Oxford, approved April 13, 2001 (Ga. L. 2001, p. 4195), as amended, is amended by adding a new subsection (c) to Section 1.11 to read as follows:
"(c) In addition to the area now included in the corporate limits of the City of Oxford, the following area shall be included in the corporate limits of such municipality:
All that tract or parcel of land lying and being in Land Lot 267 of the 9th Land District, Newton County, Georgia, and being more particularly described as follows:

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Beginning at a point on the Land Lot line dividing Land Lot 267 and Land Lot 270 (said line also being the city limits of the City of Oxford) at its intersection with the western right of way of Emory Street (50' ROW), also known as Georgia Highway 81, and being the Point of Beginning; thence, running westerly along said land lot line a distance of 184 feet to a point; thence, running south a distance of 130 feet to a point; thence, running east a distance of 110 feet to a point on the northerly right of way of Geiger Street (50' ROW); thence, running northeasterly along the northerly right of way of Geiger Street a distance of 110 feet to a point marking the intersection of Geiger Street and Emory Street; thence, running north along the westerly right of way of Emory Street a distance of 65 feet to the Point of Beginning. Said property being now or formerly known as 6153 and 6155 N. Emory Street, Covington, Georgia 30014, and in accordance with the current system of numbering houses in Newton County, Georgia."

SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or becomes law without such approval, provided that an Act deannexing the territory described in this Act from the City of Covington is enacted in the 2017 session of the General Assembly.

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

LEGISLATION
NOTICE IS GIVEN THAT THERE WILL BE INTRODUCED AT THE REGULAR 2017 SESSION OF THE GENERAL ASSEMBLY OF GEORGIA A BILL TO AMEND AN ACT TO PROVIDE A NEW CHARTER FOR THE CITY OF OXFORD, APPROVED APRIL 13, 2001 (GA. L. 2001, P. 4195), AS AMENDED; AND FOR OTHER PURPOSES.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Dave Belton, Representative from District 112, 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 Covington News, which is the official organ of Newton County, on the 29th of January in the year 2017; 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/ DAVE BELTON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of February, 2017, Before me:

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

Approved May 2, 2017.

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MOULTRIE-COLQUITT COUNTY PARKS AND RECREATION AUTHORITY CREATION.

No. 96 (House Bill No. 395).

AN ACT

To create the Moultrie-Colquitt County Parks and Recreation Authority and to authorize such authority to provide recreational services throughout Colquitt County; to provide a short title; to provide for the membership, for the appointment of members of the authority, and for meetings of same; to provide for definitions; to describe powers of the authority; to provide

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for the issuance of revenue bonds and other similar instruments; to declare the public purpose of such instruments; to provide for certain tax exemptions; to grant the authority and its members certain immunities; to fix the venue or jurisdiction of actions; to provide for budgets and procedures in connection therewith; to provide for audits; to provide for funding; to authorize employment of officers, agents, and employees; to provide for construction of this Act; to provide for conveyance of property upon dissolution; to provide for related matters; to provide for activation of the authority; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Moultrie-Colquitt County Parks and Recreation Authority Act."

SECTION 2. (a) There is created a body corporate and politic to be known as the Moultrie-Colquitt County Parks and Recreation Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation. By that name, style, and title, such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have its principal office in Colquitt County, and its legal situs or residence for the purposes of this Act shall be Colquitt County. The scope of the authority's operation shall be limited to the territory embraced within Colquitt County. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be owned or operated by the authority as provided under the provisions of this Act. (b) The authority shall consist of seven members, with three members to be appointed by a majority vote of the governing authority of Colquitt County, no more than one of whom may be a member of such governing authority, three members to be appointed by a majority vote of the governing authority of the City of Moultrie, no more than one of whom may be a member of such governing authority, and one member, designated as the "Alternating Member," to be appointed by the governing authority of Colquitt County and the governing authority of the City of Moultrie on an alternating basis, first by the county governing authority and then by the city governing authority, said Alternating Member to serve a three-year term subject to the provisions of subsection (d) of this section. Said Alternating Member shall be a member of neither the governing authority of the City of Moultrie nor the governing authority of Colquitt County. The county administrator of Colquitt County and the city manager of the City of Moultrie shall be non-voting, ex officio members of the authority. Initial members of the authority shall be appointed by July 1, 2017.

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(c) To be eligible for membership on the authority, a person shall be at least 21 years of age, shall have been a resident of Colquitt County for at least two years, shall reside in Colquitt County during his or her membership, and, with the exception of members appointed pursuant to subparagraph (b) of this section, shall not hold an elected or appointed public office in Colquitt County or any of its municipalities at the time of the appointment. (d) The terms of the membership of the authority members shall be as follows: the initial Alternating Member, one of Colquitt County's initial three appointees, and one of the City of Moultrie's initial three appointees shall all serve a term to expire December 31, 2018. A second of Colquitt County's initial three appointees and a second of the City of Moultrie's initial three appointees shall serve a term to expire December 31, 2019. The third of Colquitt County's initial three appointees and the third of the City of Moultrie's initial three appointees shall serve a term to expire December 31, 2020. Thereafter, all appointees shall serve terms of three years. Members may succeed themselves in office. (e) The members of the authority shall enter upon their duties immediately upon their appointment. (f) The office of any member of the authority shall be declared vacant upon a determination by a majority of the members of the authority that such authority member has been, while in office, arrested for or convicted of a felony, a misdemeanor of a high and aggravated nature, or a crime involving moral turpitude, has moved such member's residence from Colquitt County, or has been elected or appointed to another public office during the term of the appointment during such member's term of office. The authority shall be authorized to remove from office any member of the authority by a vote of at least two-thirds of the members in the event that such member of the authority is found to be guilty of misfeasance or malfeasance in office, is found to have failed to attend three or more successive regular meetings of the authority without a reasonable excuse approved by a resolution adopted by the authority, or who is found to have engaged in actions or activities which are detrimental to the carrying out of the duties and obligations of the authority. (g) Any vacancy on the authority shall be filled within 60 days through appointment by a majority vote of the governing authority that had appointed the authority member whose resignation, removal, or ineligibility resulted in such vacancy. The person so appointed shall serve for the remainder of the unexpired term. (h) At the inception of the authority and during the month of January of each year thereafter, except as hereinafter provided, the authority shall elect, as provided in this Act, one of its members as chairperson, vice chairperson, and a secretary-treasurer. Such officers shall serve a term of one year beginning on the date of their election and ending December 31 of the same year, or until their successors are duly elected and qualified. The first chairperson shall be elected by a majority vote of the members who are appointed by the governing authority of the City of Moultrie. The first vice chairperson shall be elected by a majority vote of the members who are appointed by the governing authority of Colquitt County. The secretary-treasurer shall be elected by a majority vote of the members of the authority. The first chairperson, vice chairperson, and secretary-treasurer shall serve until December 31,

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2018. Thereafter, in years ending with odd numbers, the chairperson shall be elected by a majority vote of the members appointed by the governing authority of Colquitt County, and the vice chairperson shall be elected by a majority vote of the members of the authority appointed by the governing authority of the City of Moultrie; and in the years ending with even numbers, the chairperson shall be elected by a majority vote of the members appointed by the governing authority of the City of Moultrie, and the vice chairperson shall be elected by a majority vote of the members of the authority appointed by the governing authority of Colquitt County. The chairperson shall have such powers and duties as granted from time to time by resolution of the authority. When the vice chairperson is acting on behalf of the chairperson, the vice chairperson shall have the same duties and powers of the chairperson. (i) The authority shall meet at least once monthly for the transaction of business. The authority may convene in special meetings on the call of the chairperson. If the chairperson is unable or fails to call a special meeting upon request of an authority member, the authority may convene a special meeting upon call by a majority of its members. (j) A majority of the members of the authority shall constitute a quorum, but no action may be taken by the members of the authority without the affirmative vote of a majority of the full membership of the authority. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. (k) The authority shall make bylaws and other rules and regulations for its own governance, which may include the use of Robert's Rules of Order, and may amend such rules and regulations by a majority vote of the authority. The authority may delegate to one or more of its officers, agents, or employees such powers and duties as may be deemed necessary and proper. (l) The members of the authority shall receive no compensation for their services, but shall be reimbursed from any available funds for their actual and necessary expenses incurred in the performance of their duties. (m) No member of the authority shall have, directly or indirectly, any financial interest, profit, or benefit in any contract, work, or business of the authority, nor in the sale, lease, or purchase of any property to or from the authority unless:
(1) Any interest, profit, or benefit of such member is disclosed in advance to the other members of the authority and is recorded in the minutes of the authority; (2) Such member having any such interest, profit, or benefit is not present during that portion of an authority meeting when such contract, work, business, sale, lease, or purchase is being discussed; and (3) Such member having such interest, profit, or benefit does not participate in any decision of the authority relating to such matter. (n) As used in this section, an "interest, profit, or benefit" shall mean any interest that reasonably may be expected to result in a direct financial benefit to such member as determined by the authority, which determination shall be final and not subject to review. (o) All meetings of the authority shall be open to the public to the extent provided in Chapter 14 of Title 50 of the O.C.G.A.

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(p) The authority shall have perpetual existence.

SECTION 3. (a) As used in this Act, the term:
(1) "Authority" means the Moultrie-Colquitt County Parks and Recreation Authority created in Section 2 of this Act. (2) "Cost of the project" means and includes:
(A) All costs of construction, purchase, lease, or other forms of acquisition; (B) All costs of real property and any interest therein or thereto incurred in connection with a project, including, without limitation, land, improvements, franchises, easements, water rights, fees, permits, approvals, licenses, and the securing thereof and applying therefor; (C) All costs of personal property and any interest therein or thereto incurred in connection with a project including, without limitation, furniture, machinery, equipment, initial fuel, and other supplies; (D) Financing charges and interest prior to and during construction and for such additional period as the authority may reasonably determine to be necessary or desirable in order to place such project in operation; (E) Costs of engineering, architectural, fiscal, and legal services; (F) Cost of plans and specifications and all other expenses necessary or incidental to the acquisition, construction, or equipping of any project or to determining the feasibility or practicability of any project; (G) Fees paid to fiscal agents for financial and other advice or supervision; (H) Cost of administrative services and such other expenses as may be necessary or incident to the financing authorized by this Act; and (I) The cost of a project may also include the payment of any loan made for the advance payment of any part of such cost, including interest thereon, and the costs of funding any debt service reserve or other reserves, as may be reasonably required by the authority with respect to the financing or operation of any project. Any obligation or expense incurred for any of the purposes outlined in this paragraph shall be regarded as part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds, notes, or other obligations of the authority issued pursuant to this Act. (3) "Project" means and includes the acquisition, construction, installation, modification, renovation, rehabilitation, equipping, maintenance, and operation of parks, athletic, and recreational centers, facilities, and areas of any and all kinds including, but not limited to, playgrounds, parks, swimming pools, diving and wading pools, hiking and camping areas and facilities, picnicking areas and facilities, lakes and ponds, tennis courts, athletic fields, athletic facilities, athletic courts, fishing and boating facilities, skateboarding facilities, bike trails, club houses, gymnasiums, stadiums, auditoriums and amphitheaters, recreation centers and facilities, youth centers, lands for open space, senior citizen centers, golf courses, and equestrian facilities; the usual and convenient facilities, buildings,

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improvements, machinery, and equipment appertaining thereto, and any and all extensions, additions, and improvements of such facilities; the acquisition, construction, installation, modification, renovation, rehabilitation, equipping, maintenance, and operation of any parking, concession, and dining facilities thereto; and other property of any nature whatsoever including, without limitation, land, buildings, improvements, structures, machinery, equipment, and furniture or areas, deemed by the authority to be necessary, convenient, or desirable in connection with any such parks, athletic, or recreational centers, facilities, and areas. (4) "Revenue bonds" and "bonds" 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 which may be issued by the authority as authorized under such article and any amendments thereto. (b) Any project shall be deemed "self-liquidating" if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom, including the anticipated revenues and earnings from the lease of any project, and all properties used, leased, and sold in connection therewith shall be sufficient to pay the cost of acquiring, operating, maintaining, repairing, improving, or extending the project and to pay the principal of and interest on the revenue bonds or other obligations that may be issued to finance, in whole or in part, the cost of such project or projects.

SECTION 4. (a) The authority shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act including, without limitation, the following powers:
(1) To adopt a seal and alter the same at its pleasure; (2) To provide recreational services throughout Colquitt County; (3) To provide park services throughout Colquitt County; (4) To develop, provide, maintain, and operate any project; (5) To develop and provide athletic and recreational programs, activities, and services; (6) To employ or retain agents, engineers, attorneys, fiscal agents, accountants, architects, planners, consultants, parks and recreation directors, supervisors, superintendents, playground leaders, maintenance personnel, administrative personnel, and other personnel necessary for such purposes; (7) To acquire, construct, install, modify, renovate, rehabilitate, equip, maintain, and operate any project or portion thereof; (8) To acquire by purchase, lease, gift, construction, or otherwise any real or personal property, or any interest therein desired to be acquired, as part of any project or for the purpose of improving, extending, adding to, reconstructing, renovating, or remodeling any project or part thereof already acquired or for the purpose of demolition to make room for any project or any part thereof. If the authority shall deem it expedient to construct any project on any lands, the title to which shall then be in the State of Georgia, the Governor

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is authorized to convey for and on behalf of the state title to such lands to the authority upon the receipt of such lawful consideration as may be determined by the parties to such conveyance. If the authority shall deem it expedient to lease, acquire, and construct any project on any lands, the title to which shall be in the name of the governing authority of Colquitt County or the governing authority of any municipality located in that county, such entity is authorized in its discretion to lease or convey title to such lands to the authority upon the receipt of such lawful consideration as may be determined by the parties of such conveyances or upon payment for the credit of the general funds of such county or municipalities of the reasonable value of such lands. Such reasonable value shall be determined by mutual consent of such county or municipality and the authority or by an appraiser to be agreed upon by the governing authority or body of such county or municipality and the chairperson of the authority. If the authority shall deem it expedient to lease or acquire any real or personal property from the governing body of Colquitt County or of any municipality located therein, such governing body is authorized in its discretion to lease or convey title to such real or personal property to the authority without consideration from the authority to such governing body; (9) To sell, convey, or assign any real or personal property, contract rights, revenues, income, tolls, charges, or fees owned or received by the authority, provided that such conveyance or assignment is not prohibited by the deed of such property to the authority or otherwise prohibited by other contract of the authority; (10) To make, execute, and perform all contracts, leases, agreements, and other instruments deemed by the authority to be necessary or convenient in connection with the exercise by the authority of any of its powers, including contracts for the acquisition and construction of projects and leases of projects and contracts with respect to the use of projects which the authority causes to be erected or acquired. Such contracts may be made with any and all persons, firms, and corporations and with Colquitt County or any municipality located in Colquitt County, and with the State of Georgia, or any and all of its political subdivisions, departments, institutions, or agencies, all of whom are authorized to enter into contracts, leases, agreements, or instruments with the authority upon such terms and for such purposes as they deem advisable. Without limiting the generality of this paragraph, authorization is specifically granted to municipal corporations and counties and to the authority to enter into contracts, leases, and sublease-agreements with the State of Georgia, or any agencies or departments thereof, relative to any project or any property which such departments or agencies of the State of Georgia have now or may hereafter obtain by lease from the United States government, or any agencies or departments thereof, and the authority is specifically authorized to convey title in fee simple to any and all of its lands and any improvements thereon to any persons, firms, corporations, or municipalities or to the State of Georgia or to the United States government, or any agencies or departments thereof, subject to the rights and interest of the holders of any of the bonds or obligations issued pursuant to this Act and by the resolution or trust indenture of the authority authorizing the issuance of any of its bonds or obligations as provided in

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this Act, provided that such conveyance is not prohibited by the deed of such property to the authority or otherwise prohibited by other contract of the authority; (11) To construct, erect, acquire, own, repair, remodel, renovate, rehabilitate, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this Act, on land owned or leased by the authority or on land owned or leased by others, and to pay all or part of the cost of any such project from the proceeds of revenue bonds or obligations or other funds of the authority or from such proceeds or other funds or any contributions or grants from any person, firm, or corporation or from the federal government, or any political subdivision thereof, the State of Georgia, or any political subdivision thereof, or any agency or instrumentality of any of the foregoing, all of which the authority is authorized to receive, accept, and use; (12) To accept and administer gifts, devises and grants of money, materials, or property of any kind and to administer trusts; (13) To borrow money for any of its corporate purposes and to execute and deliver notes, revenue bonds, and other evidences of such indebtedness and to use the proceeds thereof to pay all or any part of the cost of any project or refunding any outstanding indebtedness of the authority or to pay any other cost or expense of the authority incident to or necessary and appropriate to carry out the purposes of this Act; (14) As security for the repayment of any indebtedness or other obligations of the authority, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property, real or personal, of the authority and any income or revenues generated therefrom or otherwise, and to execute any trust agreement, indenture, security deed, mortgage, or security agreement containing any provisions not in conflict with law, provided that such trust agreement, indenture, security deed, mortgage, or security agreement, is not prohibited by the deed of such property to the authority or otherwise prohibited by other contract of the authority, which trust agreement, indenture, security deed, mortgage, or security agreement may provide for judicial or nonjudicial foreclosure or forced sale of any property of the authority upon default on such obligations, either in payment of any amount due and owing thereunder, or in the performance or satisfaction of any term or condition, as are contained in such trust agreement, indenture, security deed, mortgage or security agreement. The State of Georgia, on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein, waives any right which it or such county, municipal corporation, political subdivision, or taxing district may have to prevent the foreclosure or forced sale of any property of the authority so mortgaged or encumbered, and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof; (15) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution or laws of this state; (16) To do all things necessary or convenient to carry out the powers expressly given in this Act; and

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(17) To extend credit or make loans to any governmental body including, without limitation, Colquitt County or any municipal corporation located therein for the planning, design, construction, acquisition, or carrying out of any project, which credit or loans may be secured by loan agreements, mortgages, security deeds, security agreements, contracts, and any other instruments, fees, or charges, and upon such terms and conditions, as the authority shall determine to be reasonable in connection with such loans. (b) The authority is specifically authorized from time to time to sell, lease, grant, exchange, transfer, assign, or otherwise dispose of any surplus property, both real and personal, or any interest therein, that the authority determines is no longer necessary or desirable in connection with its operation or purposes, provided that such sale, lease, grant, exchange, transfer, assignment, or other disposition is not prohibited by the deed of such property to the authority or otherwise prohibited by other contract of the authority. (c) Notwithstanding any other provision of this Act to the contrary, the authority shall not have the authority to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of any county or municipal corporation to the extent such is prohibited under subparagraph (e) of Paragraph V of Section VI of Article III of the Constitution of the State of Georgia.

SECTION 5. The authority, or any other authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have the power and is authorized at any time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds or other notes, bond anticipation notes, or other evidences of indebtedness for the purpose of paying all or any part of the cost of any one or more projects or refunding any outstanding obligations of the authority. Such bonds or other debt instruments shall be dated and shall bear interest at such rate or rates, shall be payable on such dates, and shall otherwise have such terms and conditions as shall be determined by the authority. All revenue bonds shall be issued pursuant to and in conformity with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in the Revenue Bond Law and any amendments thereto.

SECTION 6. All revenue bonds and other debt instruments issued by the authority under the provisions of this Act are declared to be issued for an essential public and governmental purpose, and such bonds and other debt instruments, and the income thereof, shall be exempt from all taxation by the state.

SECTION 7. Any revenue bonds or other debt instruments issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia, Colquitt County, or any municipality

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within Colquitt County or a pledge of the faith and credit thereof; provided, however, that such debt shall be payable solely from the rentals, revenues, earnings, and funds of the authority as provided in the resolution or contract authorizing the issuance and securing the payment of such bonds or other instruments. The issuance of such revenue bonds or other debt instruments shall not directly, indirectly, or contingently obligate the state or any political subdivision thereof, including Colquitt County and the municipalities within Colquitt County, to levy or to pledge any form of taxation whatsoever therefor or to make any appropriation for their payment, and all such bonds or other debt instruments shall contain recitals on their face covering substantially the foregoing provisions of this section. However, Colquitt County, the municipalities within Colquitt County, or any other political subdivision of the State of Georgia contracting with the authority may obligate itself to pay the amounts required under any contract entered into with the authority from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this section and from any other source. The obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obligor within the meaning of Paragraph I of Section V of Article IX of the Constitution of the State of Georgia. When under any such contract payments are obligated to be made from taxes to be levied for that purpose, then the obligation to levy and collect such taxes from year to year in an amount sufficient to fulfill and fully comply with the terms of such contract shall be mandatory.

SECTION 8. The exercise of the powers conferred upon the authority in this Act shall constitute an essential governmental function for a public purpose, and the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision, or upon its activities in the operation and maintenance of property acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the authority. The tax exemption provided in this Act shall not include an exemption from sales and use tax on property purchased by or for the use of the authority.

SECTION 9. The authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia, and the officers, agents, and employees of the authority, when in performance of the work of the authority, shall have the same immunity from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The authority may be sued the same as private corporations on any contractual obligation of the authority. The property of the authority shall not be subject to levy and sale under legal process, except as may be contractually authorized by the authority.

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SECTION 10. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Colquitt County.

SECTION 11. All funds received pursuant to this Act, whether as proceeds from the sale of revenue bonds or other debt instruments or obligations, or as loans, revenue, rents, fees, charges, or other earnings, or as grants, gifts, or other contributions, shall be deemed to be trust funds to be held and applied by the authority solely as provided in this Act.

SECTION 12. (a) The authority shall be funded by the governing authority of Colquitt County from county-wide revenues based on a dedicated county-wide millage to be shown as a separate line item on annual property tax bills. The minimum dedicated millage shall be 1.0 mills of the county-wide digest each fiscal year, commencing July 1, 2017, and each fiscal year thereafter. The governing authority of Colquitt County may in its discretion fund the authority in any fiscal year in an amount in excess of 1.0 mills, up to a maximum of 2.0 mills of the county-wide digest each fiscal year. (b) The authority shall develop a budget and a financial and program work plan for both capital and operational requirements for the authority's activities for each fiscal year. The authority's fiscal year shall commence July 1 of each calendar year and end June 30 of each succeeding calendar year. Such plan shall be known as the "Annual Operating and Capital Budget of the Moultrie-Colquitt County Parks and Recreation Authority." The budget and plan shall be adopted on or before June 30 of each year, with an effective date of July 1. All projected revenues and estimated expenditures shall be clearly outlined as to source and expenditure classification and purpose. The authority shall balance its budget at the end of each fiscal year. (c) Each year the authority shall have made an independent audit and examination of the authority's financial records and transactions. Said audit shall be made in accordance with established national audit and accounting standards. Copies of said audit shall be available for public review. (d) The authority may contract for legal, financial, and auditing services but only with attorneys, financial advisors, and auditors, other than those employed by Colquitt County or any of the municipalities located therein.

SECTION 13. (a) The authority is authorized to appoint, select, and employ officers, agents, and employees to adopt rules regulations governing their services, fix their respective compensations and terms of employment, and to contract with other entities for the provision of personnel employed by such other entities to be provided on behalf of the authority, provided that such

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personnel shall be subject to all rules and regulations of the authority governing the services and compensation of employees of the authority. (b) The authority shall notify the City of Moultrie of the number of employees that it will require to properly operate the facilities and programs of the authority. The City of Moultrie shall transfer such employees as it deems appropriate to the authority. Upon transfer of such employees to the authority, the employees shall become employees of the authority and no longer employees of the City of Moultrie. (c) The authority will use its best efforts to adopt a benefit plan so that each former city employee's benefit plan existing on date of transfer of the employee from the city to the authority will not be lost or reduced. (d) The transfer of employees as described in this section shall be completed on or before December 31, 2017.

SECTION 14. This Act and any other law enacted with reference to the authority shall be liberally construed for the accomplishment of the purposes of the authority.

SECTION 15. When the authority for any reason is dissolved after full payment of all indebtedness incurred under the provisions of this Act, both as to principal and interest, title to any property held by the authority shall be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any deed of such property to the authority, including any deed or other conveyance document by which such property was conveyed to the authority by Colquitt County or any city located therein, or 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 Colquitt County, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance.

SECTION 16. The authority shall become active on July 1, 2017. The authority shall begin providing recreational services no later than January 1, 2018.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to create the Moultrie-Colquitt County Parks and Recreation

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Authority and to authorize such authority to provide recreational services throughout Colquitt County; and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Sam Watson, Representative from District 172, 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 Moutrie Observer, which is the official organ of Colquitt County, on the 25th of January in the year 2017; 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/ SAM WATSON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 9th of February, 2017, Before me:

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

Approved May 2, 2017.

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ROCKDALE JUDICIAL CIRCUIT COURT REPORTERS; COMPENSATION.

No. 97 (House Bill No. 404).

AN ACT

To amend an Act relating to the Rockdale Judicial Circuit and the judges thereof, approved March 27, 1991 (Ga. L. 1991, p. 276), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3854), so as make certain provisions for the court reporter or court reporters for the judicial circuit; to provide that the court reporter or court reporters for the circuit shall receive a stated salary in lieu of per diem compensation; to provide for conformity with other provisions of law and rules; 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 relating to the Rockdale Judicial Circuit and the judges thereof, approved March 27, 1991 (Ga. L. 1991, p. 276), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3854), is amended by adding a new section to read as follows:

"SECTION 4A. The superior court judges of the Rockdale Judicial Circuit shall have the authority to appoint court reporters as provided by law. As authorized under Code Section 15-5-21 of the O.C.G.A. and Section 3(B) of the Court Reporters' Fee Schedule in the Rules and Regulations of the Board of Court Reporting of the Judicial Council of Georgia, each court reporter appointed for the Rockdale Judicial Circuit shall be compensated in part by a salary in the amount of $19,161.92 per year. Such salary shall be paid in equal monthly installments from funds of Rockdale County. The salary provided for in this section shall be in lieu of the per diem payments otherwise payable under Section 1 of said Court Reporters' Fee Schedule. Each court reporter shall also continue to receive all other amounts payable under the Court Reporters' Fee Schedule except for per diem."

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

SECTION 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 2017 session of the General Assembly of Georgia a bill to amend an Act relating to the Rockdale Judicial Circuit and the judges thereof, approved March 27, 1991 (Ga. L. 1991, p. 276), as amended; and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Vernon Jones, Representative from District 91, 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 Rockdale Citizen, which is the official organ of Rockdale County, on the 8th of February in the year 2017; 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/ VERNON JONES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 14th of February, 2017, Before me:

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

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My Commission Expires December 29, 2018 [SEAL]

Approved May 2, 2017.

__________

COBB COUNTY CLERK OF SUPERIOR COURT; DEPUTY CLERK, EXECUTIVE ASSISTANT, AND EXECUTIVE SECRETARY; COMPENSATION.

No. 98 (House Bill No. 407).

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 28, 2016 (Ga. L. 2016, p. 3899), 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 28, 2016 (Ga. L. 2016, p. 3899), is amended by revising Section 4 as follows:

"SECTION 4. (a)(1) The clerk of superior court shall receive a minimum annual salary as provided by Code Section 15-6-88 of the O.C.G.A., plus a supplement equal to one-half of the annual supplement a judge of the Superior Court of the Cobb Judicial Circuit receives, to be paid in equal monthly installments from county funds. (2) In addition to the compensation provided for in paragraph (1) of this subsection, the clerk of superior court shall be entitled to any other compensation or salary increase as provided for by law, including, but not limited to, any cost-of-living increase or merit increase provided to county employees and any increase for being reelected to serve a new four-year term as clerk. (b) The clerk of superior court shall be allowed a deputy clerk whose annual salary shall be $107,418.99 to be paid in equal monthly installments from the funds in the county

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

treasury. In addition to the compensation provided for in this subsection, the deputy clerk shall be entitled to any cost-of-living increase or merit increase provided to county employees. (c) The clerk of 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 the experience necessary for appointment to such positions. The salary of the executive assistant shall be $66,126.94 per annum, and the salary of the executive secretary shall be $61,040.25 per annum, both paid in equal monthly installments from the funds of Cobb County. In addition to the compensation provided for in this subsection, the executive assistant and executive secretary shall be entitled to any cost-of-living increase or merit increase provided to county employees."

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 2017 session of the General Assembly of Georgia a bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended; and for other purposes.
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 13th of January in the year 2017; 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/ JOHN CARSON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 14th of February, 2017, Before me:

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

Approved May 2, 2017.

__________

COBB COUNTY JUDGE OF PROBATE COURT; CLERK OF PROBATE COURT; COMPENSATION.

No. 99 (House Bill No. 420).

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:

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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 equal to the sum of 85 percent of the annual salary of a judge of the Superior Court of Cobb County as paid by the state plus 85 percent of the annual amount of any supplement paid by the governing authority of Cobb County, excluding any supplement for accountability courts, to a judge of the Superior Court of Cobb County, to be paid in equal monthly installments from the funds of Cobb County."

SECTION 2. Said Act is further amended by revising the second sentence of Section 3 as follows:
"The clerk of the probate court shall be compensated in the amount of $93,872.78 per annum, payable in equal monthly installments from the funds of Cobb County. In addition, the clerk of the probate court shall be entitled to any cost-of-living increase or merit increase approved by the governing authority of Cobb County for 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 2017 session of the General Assembly of Georgia a bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended; and for other purposes.
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.

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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 20th of January in the year 2017; 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/ STACEY EVANS Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 31st of January, 2017, Before me:

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

Approved May 2, 2017.

__________

COBB COUNTY STATE COURT; JUDGES; COMPENSATION.

No. 100 (House Bill No. 424).

AN ACT

To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 3, 2016

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(Ga. L. 2016, p. 3964), so as to change the compensation of judges of the State Court 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:

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 $9,216.18 per annum." with: "The chief judge of the State Court of Cobb County shall receive as additional compensation $9,492.67 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 $176,651.18 per annum." with: "The salary of the judges of Division 1 of the State Court of Cobb County shall be $181,950.72 per annum."

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 2017 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended; and for other purposes.
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.

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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 20th of January in the year 2017; 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/ BERT REEVES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 17th of February, 2017, Before me:

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

Approved May 2, 2017.

__________

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF DUNWOODY CITY OF DUNWOODY PUBLIC FACILITIES AUTHORITY; CREATION.

No. 101 (House Bill No. 435).

AN ACT

To create the City of Dunwoody Public Facilities Authority; to provide for a short title; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority, contract payments to the authority, and from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to make the revenue bonds of the authority exempt from taxation; to fix and provide the venue and jurisdiction of actions relating to the authority; to provide for the validation of bonds; to provide for tort immunity; 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 Dunwoody Public Facilities Authority Act."

SECTION 2. City of Dunwoody Public Facilities Authority.

(a) There is hereby created a public body corporate and politic to be known as the "City of Dunwoody Public Facilities Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The authority shall consist of seven members who shall be the mayor and council of the City of Dunwoody. Only the mayor and councilmembers may be appointed as members of the authority. With respect to the initial appointment of the mayor and council of the City of Dunwoody, all terms shall coincide with the term of the respective mayor and councilmember regardless of the remaining time of such term. Thereafter, all appointments shall be made for terms of four years and until a successor has been elected as mayor or

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councilmember of the City of Dunwoody. Immediately after such appointments, the members of the authority shall enter upon their duties. (c) The mayor and council of the City of Dunwoody shall not provide for additional compensation for the services of the members of the authority; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (d) The members of the authority shall elect one of their number as chairperson and another as a vice chairperson. The members of the authority shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary and treasurer are not members of the authority, such officers shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. (e) Four members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.

SECTION 3. Definitions.

As used in this Act, the term: (1) 'Authority' means the City of Dunwoody Public Facilities Authority created by this Act. (2) 'Costs of the project' means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agents' and legal expenses, plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing herein authorized; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (3) 'Project' means: (A) All buildings, facilities, and equipment necessary or convenient for the efficient operation of the City of Dunwoody, Georgia, or any department, agency, division, or commission thereof; and (B) Any undertaking permitted by the Revenue Bond Law. (4) 'Revenue Bond Law' means the Revenue Bond Law of the State of Georgia (codified at O.C.G.A. Section 36-82-62, et seq., as amended), or any other similar law hereinafter enacted. (5) 'Revenue bonds' means revenue bonds authorized to be issued pursuant to this Act.

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(6) 'Self-liquidating' means any project which the revenues and earnings to be derived by the authority therefrom, including but not limited to any contractual payments with governmental or private entities, and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the costs of operating, maintaining, and repairing the project and to pay the principal and interest on the revenue bonds or other obligations which may be issued for the purpose of paying the costs of the project. (7) 'State' means the State of Georgia.

SECTION 4. Powers.

The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, condemnation, or otherwise, and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act, except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (5) To execute contracts, leases, installment sale agreements, and other agreements and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of a project; and any and all persons, firms and corporations, and the City of Dunwoody, Georgia, are hereby authorized to enter into contracts, leases, installment sale agreements, and other

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agreements or instruments with the authority upon such terms and for such purposes as they deem advisable and as they are authorized by law; (6) To acquire, construct, add to, extend, improve, equip, hold, operate, maintain, lease, and dispose of projects; (7) To pay the costs of the project with the proceeds of revenue bonds or other obligations issued by the authority or from any grant or contribution from the United States of America or any agency or instrumentality thereof or from the state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (8) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (9) To accept loans or grants of money or materials or property of any kind from the state or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the state or such agency or instrumentality or political subdivision may require; (10) To borrow money for any of its corporate purposes and to issue revenue bonds, and to provide for the payment of the same and for the rights of the holders thereof; (11) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness; and (12) To do all things necessary or convenient to carry out the powers expressly given in this Act.

SECTION 5. Revenue bonds.

The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have the power and is hereby authorized to provide by resolution for the issuance of revenue bonds of the authority for the purpose of paying all or any part of the costs of the project and for the purpose of refunding revenue bonds or other obligations previously issued. The principal of and interest on such revenue bonds shall be payable solely from the special fund hereby provided for such payment. The revenue bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, shall be payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of such revenue bonds.

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SECTION 6. Revenue bonds; form; denomination; registration; place of payment.

The authority shall determine the form of the revenue bonds and shall fix the denomination or denominations of the revenue bonds. The revenue bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for registration and exchangeability privileges. The authority shall fix the place or places of payment of principal and interest thereon.

SECTION 7. Revenue bonds; signatures; seal.

All such revenue bonds shall bear the manual or facsimile signature of the chairperson or vice chairperson of the authority and the attesting manual or facsimile signature of the secretary, assistant secretary, or secretary-treasurer of the authority, and the official seal of the authority shall be impressed or imprinted thereon. Any coupons attached thereto shall bear the manual or facsimile signatures of the chairperson or vice chairperson and the secretary, assistant secretary, or secretary-treasurer of the authority. Any revenue bonds or coupons attached thereto may bear the manual or facsimile signature of such persons as at the actual time of the execution of such revenue bonds or coupons shall be duly authorized or hold the proper office, although at the date of issuance of such revenue bonds such person may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any revenue bond or any coupon shall cease to be such officer before the delivery of such revenue bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if that person had remained in office until such delivery.

SECTION 8. Revenue bonds; negotiability; exemption from taxation.

All revenue bonds shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of the state. All revenue bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state.

SECTION 9. Revenue bonds; sale; price; proceeds.

The authority may sell revenue bonds in such manner and for such price as it may determine to be in the best interest of the authority. The proceeds derived from the sale of revenue bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such revenue bonds.

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SECTION 10. Interim receipts and certificates or temporary revenue bonds.

Prior to the preparation of any definitive revenue bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary revenue bonds, with or without coupons, exchangeable for definitive revenue bonds upon the issuance of the latter.

SECTION 11. Replacement of lost or mutilated revenue bonds.

The authority may provide for the replacement of any revenue bonds or coupons which shall become mutilated or be destroyed or lost.

SECTION 12. Conditions precedent to issuance of revenue bonds.

The authority shall adopt a resolution authorizing the issuance of revenue bonds. In the resolution, the authority shall determine that the project financed with the proceeds of the revenue bonds is self-liquidating. Revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members.

SECTION 13. Credit not pledged.

Revenue bonds shall not be deemed to constitute a debt of the City of Dunwoody, Georgia, nor a pledge of the faith and credit of the city, but such revenue bonds shall be payable solely from the fund provided for in this Act. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the city to levy or to pledge any form of taxation whatsoever for payment of such revenue bonds or to make any appropriation for their payment, and all such revenue bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the authority and any political subdivision or municipality to enter into an intergovernmental contract pursuant to which the political subdivision or municipality agrees to pay amounts sufficient to pay operating charges and other costs of the authority or any project including, without limitation, the principal of and interest on revenue bonds in consideration for services or facilities of the authority.

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SECTION 14. Trust indenture as security.

In the discretion of the authority, any issuance of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside the state. Either the resolution providing for the issuance of the revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition and construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys.

SECTION 15. To whom proceeds of bonds shall be paid.

In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the revenue bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes thereof, subject to such regulations as this Act and such resolution or trust indenture may provide.

SECTION 16. Sinking fund.

The moneys received pursuant to an intergovernmental contract and the revenues, fees, tolls, charges, and earnings derived from any particular project or projects, regardless of whether or not such revenues, fees, tolls, fines, charges, and earnings were produced by a particular project for which revenue bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the revenue bonds or in the trust indenture may provide, and such funds so pledged from whatever source received shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal or purchase price of such revenue bonds as the same shall fall due; (3) Any premium upon such revenue bonds as the same shall fall due; (4) The purchase of such revenue bonds in the open market; and (5) The necessary charges of the paying agent for paying principal and interest.

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The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another.

SECTION 17. Remedies of bondholders.

Any holder of revenue bonds or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state, including specifically but without limitation the Revenue Bond Law, or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished.

SECTION 18. Validation.

Revenue bonds and the security therefor shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action the state; any institution, department, or other agency thereof; and any county, municipality, school district, or other political subdivision or authority of the state which has contracted with the authority for services or facilities relating to the project for which revenue bonds are to be issued and sought to be validated, and such defendant shall be required to show cause, if any exists, why such contract or contracts shall not be adjudicated as a part of the basis for the security for the payment of any such revenue bonds. The revenue bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such revenue bonds and the security for the payment thereof and interest thereon and against the authority and all other defendants.

SECTION 19. Venue and jurisdiction.

Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to validation of any revenue bonds issued under the

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provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.

SECTION 20. Interest of bondholders protected.

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

SECTION 21. 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 22. Purpose of the authority.

Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of providing buildings, facilities, equipment, and services for the citizens in the City of Dunwoody, Georgia.

SECTION 23. Rates, charges, and revenues; use.

The authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues, to issue revenue bonds or other types of obligations as herein provided to finance, in whole or in part, the costs of the project, and to pledge to the punctual payment of said revenue bonds or other obligations all or any part of the revenues.

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SECTION 24. Rules, regulations, service policies, and
procedures for operation of projects.

It shall be the duty of the authority to prescribe or cause to be prescribed rules, regulations, service policies, and procedures for the operation of any project or projects constructed or acquired under the provisions of this Act. The authority may adopt bylaws.

SECTION 25. Tort immunity.

To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as the City of Dunwoody, 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 City of Dunwoody, Georgia, when in the performance of their public duties or the work of the city.

SECTION 26. Tax-exempt status of the authority.

The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the state and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any municipality, county, or the state and any political subdivision thereof.

SECTION 27. Effect on other governments.

This Act shall not and does not in any way take from the City of Dunwoody, Georgia, or any political subdivision or municipality the authority to own, operate, and maintain public facilities or to issue revenue bonds as provided by the Revenue Bond Law.

SECTION 28. Liberal construction of Act.

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

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SECTION 29. Severability; effect of partial invalidity of Act.

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

SECTION 30. Effective date.

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

SECTION 31. Repeal.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to create the ++City of Dunwoody Public Facilities Authority++; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Tom Taylor, Representative from District 79, 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 9th of February in the year 2017; 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/ TOM TAYLOR Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 13th of February, 2017, Before me:

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

Approved May 2, 2017.

__________

CITY OF HIRAM HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM.

No. 102 (House Bill No. 443).

AN ACT

To provide for a homestead exemption from City of Hiram ad valorem taxes for municipal purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, 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 Hiram, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" shall have the same meaning as in Code Section 48-5-40 of the O.C.G.A., as amended. (b) Each resident of the City of Hiram is granted an exemption on that person's homestead from City of Hiram ad valorem taxes for municipal purposes in the amount of $40,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Hiram, 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 Hiram, 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 Hiram, 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. 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 Hiram, 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 lieu of and not in addition to any other homestead exemption applicable to 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, 2018.

SECTION 2. The municipal election superintendent of the City of Hiram 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 Hiram for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2017, 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

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immediately preceding the date thereof in the official organ of Paulding County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a homestead exemption from City ( ) NO of Hiram ad valorem taxes for municipal purposes in the amount of
$40,000.00 of the assessed value of the homestead for residents of that city?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2018. 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 Hiram. 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 2017 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Hiram ad valorem taxes for municipal purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that city; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Paulette Rakestraw, Representative 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:

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(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Dallas New Era, which is the official organ of Paulding County, on the 16th of February in the year 2017; 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/ PAULETTE RAKESTRAW Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 21st of February, 2017, Before me:

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

Approved May 2, 2017.

__________

CITY OF HIRAM HOMESTEAD EXEMPTION; CITY TAXES: 70 YEARS OF AGE OR OLDER; REFERENDUM.

No. 103 (House Bill No. 444).

AN ACT

To provide for a homestead exemption from City of Hiram ad valorem taxes for municipal purposes in the amount of the full value of the assessed value of the homestead for residents of that city who are 70 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Hiram, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" shall have the same meaning as in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is 70 years of age or older on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Hiram who is a senior citizen is granted an exemption on that person's homestead from City of Hiram ad valorem taxes for municipal purposes in the amount of the full value of the assessed value of that homestead. (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 Hiram, 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 Hiram, 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 Hiram, 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. 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 Hiram, 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 lieu of and not in addition to any other homestead exemption applicable to 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, 2018.

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SECTION 2. The municipal election superintendent of the City of Hiram 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 Hiram for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2017, 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 Paulding County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a homestead exemption from City ( ) NO of Hiram ad valorem taxes for municipal purposes in the amount of the full
value of the assessed value of the homestead for residents of that city who are 70 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, 2018. 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 Hiram. 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 2017 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Hiram ad valorem taxes for municipal purposes in the amount of the full value of the assessed value of the homestead for residents of that city who are 70 years of age or older; and for other purposes.

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AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Paulette Rakestraw, Representative 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 Dallas New Era, which is the official organ of Paulding County, on the 16th of February in the year 2017; 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/ PAULETTE RAKESTRAW Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 21st of February, 2017, Before me:

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

Approved May 2, 2017.

__________

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CITY OF HIRAM HOMESTEAD EXEMPTION; CITY TAXES; 65 YEARS OF AGE OR OLDER; REFERENDUM.

No. 104 (House Bill No. 445).

AN ACT

To provide for a homestead exemption from City of Hiram ad valorem taxes for municipal purposes in the amount of $55,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Hiram, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" shall have the same meaning as 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 Hiram who is a senior citizen is granted an exemption on that person's homestead from City of Hiram ad valorem taxes for municipal purposes in the amount of $55,000.00 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 Hiram, 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 Hiram, 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 Hiram, 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. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to

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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 Hiram, 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 lieu of and not in addition to any other homestead exemption applicable to 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, 2018.

SECTION 2. The municipal election superintendent of the City of Hiram 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 Hiram for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2017, 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 Paulding County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a homestead exemption from City ( ) NO of Hiram ad valorem taxes for municipal purposes in the amount of
$55,000.00 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, 2018. 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 Hiram. 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 at the regular 2017 session of the General Assembly of Georgia a bill to provide for a homestead exemption from City of Hiram ad valorem taxes for municipal purposes in the amount of $55,000.00 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, Paulette Rakestraw, Representative 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 Dallas New Era, which is the official organ of Paulding County, on the 16th of February in the year 2017; 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/ PAULETTE RAKESTRAW Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 21st of February, 2017, Before me:

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

Approved May 2, 2017.

__________

CITY OF TRENTON CITY CLERK; CHANGE FROM ELECTED TO APPOINTED.

No. 106 (House Bill No. 597).

AN ACT

To amend an Act reincorporating and providing a new charter for the City of Trenton in Dade County, approved March 26, 1987 (Ga. L. 1987, p. 4725), as amended, so as to change the position of city clerk from elective to appointive; to provide for the current city clerk to serve out the remainder of his or her term; to provide for the appointment of city clerks; to provide for the election of certain city officers; 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 reincorporating and providing a new charter for the City of Trenton in Dade County, approved March 26, 1987 (Ga. L. 1987, p. 4725), as amended, is amended in Section 3.10 by adding a new subsection to read as follows:
"(e) The city clerk serving in office as of January 1, 2017, shall serve the remainder of such elective term through and including the day before the first Monday in January, 2018, and no election shall be conducted for the position of city clerk in 2017. Beginning on the first Monday in January, 2018, there shall be an appointed city clerk who shall carry out the duties of a city clerk as set forth in this charter and other applicable law. The city clerk shall be appointed by the mayor, subject to confirmation by the city council, and shall serve at the pleasure of the governing authority of the city."

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SECTION 2. Said Act is further amended by revising Section 5.11 as follows:
"Section 5.11. Regular elections; time for holding. On the first Tuesday in December, 1987, there shall be elected a mayor, police commissioner, street commissioner, parks and recreation commissioner, and fire and utilities commissioner. The mayor, street commissioner, and fire and utilities commissioner shall each be elected for a four-year term, and the police commissioner and parks and recreation commissioner shall each be elected for a two-year term. On the first Tuesday in December, 1989, the police commissioner and parks and recreation commissioner shall each be elected for a four-year term. The terms of office shall begin at the time of taking the oath of office as provided in Section 2.18 of this charter."

SECTION 3. The initial appointment of a city clerk of the City of Trenton as authorized in Section 1 of this Act may occur at any time after the effective date of this Act, provided that such city clerk shall assume the duties of city clerk no earlier than the first Monday in January, 2018.

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 2017 session of the General Assembly of Georgia a bill to amend an Act reincorporating and providing a new charter for the City of Trenton in Dade County, approved March 26, 1987 (Ga. L. 1987, p. 4725), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, John Deffenbaugh, Representative from District 1, 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 Dade County Sentinel, which is the official organ of Dade County, on the 1st of March in the year 2017; 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/ JOHN DEFFENBAUGH Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 15th of March, 2017, Before me:

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

Approved May 3, 2017.

__________

CITY OF GRANTVILLE MAYOR AND COUNCIL; MANNER OF ELECTION; TERMS OF OFFICE; REFERENDUM.

No. 107 (House Bill No. 349).

AN ACT

To amend an Act providing for a new charter for the City of Grantville, approved March 28, 1985 (Ga. L. 1985, p. 5030), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3865), so as to provide for elections in odd-numbered years for the mayor and the councilmembers from Posts 1 and 2; to provide for the lengthening of the terms of office of the mayor and the councilmembers from Posts 1 and 2; to provide for a referendum with respect to the lengthening of said terms of office; to provide for related matters; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing a new charter for the City of Grantville, approved March 28, 1985 (Ga. L. 1985, p. 5030), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3865), is amended by revising subsection (d) of Section 2.02 as follows:
"(d) The terms of office of the mayor and the two councilmembers from Posts 1 and 2, all elected in 2014, shall be extended through and including December 31, 2019, and until their respective successors are elected and qualified. Their respective successors shall be elected on the Tuesday following the first Monday in November, 2019, and shall take office on the first day of January following their election and qualification. Thereafter, successors shall be elected quadrennially in odd-numbered years and shall take office on the first day of January following their election and qualification."

SECTION 2. The election superintendent of the City of Grantville 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 Grantville for approval or rejection. The election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2017, and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Coweta County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides for amending the election date for the office of the mayor and the two councilmembers from Posts 1 and 2 of the City of Grantville from even-numbered years to odd-numbered years and lengthening the current terms of office of the mayor and two councilmembers from Posts 1 and 2, all elected in November of 2014, so that such terms shall end on December 31, 2019, instead of December 31, 2018?"

All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If 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 Grantville. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act providing for a new charter for the City of Grantville, approved March 28, 1985 (Ga. L. 1985, p. 5030), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Robert T. 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 Newnan Times-Herald, which is the official organ of Coweta County, on the 9th of February in the year 2017; 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/ ROBERT T. TRAMMELL, JR. 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 February, 2017, Before me:

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

Approved May 3, 2017.

__________

EMANUEL COUNTY BOARD OF EDUCATION; NONPARTISAN ELECTIONS.

No. 108 (House Bill No. 254).

AN ACT

To amend an Act providing for the composition and election of the Board of Education of Emanuel County, approved April 12, 1982 (Ga. L. 1982, p. 4049), as amended, so as to provide for nonpartisan elections for 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 providing for the composition and election of the Board of Education of Emanuel County, approved April 12, 1982 (Ga. L. 1982, p. 4049), as amended, is amended by revising Section 2 by designating the existing text of Section 2 as subsection (a) and adding a new subsection to read as follows:
"(b) All elections for members of the board of education conducted after the effective date of this subsection shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. and shall be conducted at the nonpartisan general election immediately preceding the expiration of each respective term of office. Such nonpartisan elections shall be held and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' Nothing in this subsection shall affect the term of office of the members of the board of education in office on the effective date of this subsection. The sitting members of the board of education shall serve out the terms of office for which such members were elected and each member shall be eligible to succeed himself or herself."

GEORGIA LAWS 2017 SESSION
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

3707

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act providing for the composition and election of the Board of Education of Emanuel County, approved April 12, 1982, (Ga. L. 1982, p.4049), as amended, so as to provide for nonpartisan elections for members of the board; to provide for related matters; 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 Forest-Blade, which is the official organ of Emanuel County, on the 25th of January in the year 2017; 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

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 31st of January, 2017, Before me:

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

Approved May 3, 2017.

__________

CITY OF SWAINSBORO HOTEL/MOTEL TAX.

No. 109 (House Bill No. 460).

AN ACT

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

SECTION 2. The enactment of this Act is subsequent to the adoption of a Resolution by the governing authority of the City of Swainsboro on March 7, 2016, 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 the City of Swainsboro:
(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 improving the City's outreach to surrounding areas for the promotion and development of a Community Arts Center featuring the Historic Dixie Theater; to preserve, renovate, and maintain the Historic Dixie Theater Property and its significance to the City and community of Swainsboro and County of Emanuel, to provide educational opportunities for local citizens and interested citizens in Georgia, to support and promote the arts; provided, however, that the governing authority of the City of Swainsboro 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. This Act supersedes any prior ordinances adopted by the governing authority of the City of Swainsboro pursuant to paragraph (3) of subsection (a) of Code Section 48-13-51 of the O.C.G.A.

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 2017 session of the General Assembly of Georgia bill to authorize the governing authority of the City of Swainsboro to levy an excise tax pursuant to subsection (b) of Code Section 48-13-15 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.

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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 Forest-Blade, which is the official organ of Emanuel County, on the 15th of February in the year 2017; 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 21st of February, 2017, Before me:

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

Approved May 3, 2017.

__________

HEARD COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION.

No. 110 (House Bill No. 461).

AN ACT

To create a board of elections and registration for Heard County and to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the

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selection and appointment of members; to provide for the certification of appointment of members; to provide for the qualifications, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for certain expenditures of public funds; to provide for a full-time elections supervisor; to provide for the hiring of employees; to provide for compensation of members of the board and personnel; to provide for poll workers; to provide for materials, offices, and equipment; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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

SECTION 2. As used in this Act, the terms "elector," "election," "primary," and "public office" shall have the same meaning as set forth in Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," unless otherwise clearly apparent from the text of this Act; "commissioners" means the Board of Commissioners of Heard County; and "county" means Heard County.

SECTION 3. (a) The board shall be composed of three members who shall each be appointed as provided for in this section. (b) All appointments to the board shall be promptly certified by the commissioners to the clerk of the Superior Court of Heard County as provided in Section 5 of this Act.
(c)(1) The initial appointees to the board shall take office on July 1, 2017, and shall be appointed by a majority vote of the commissioners after consideration of recommendations from the Judge of the Probate Court of Heard County and the Board of Registrars of Heard County. The appointee to Post 1 of the board shall serve an initial term of office until July 1, 2019, or until his or her successor is duly appointed and qualified. The appointee to Post 2 of the board shall serve an initial term of office until July 1, 2020, or until his or

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her successor is duly appointed and qualified. The appointee to Post 3 of the board shall serve an initial term of office until July 1, 2021, or until his or her successor is duly appointed and qualified. Thereafter, all successors to such members shall be appointed as provided for in paragraph (2) of this section to serve four-year terms of office and until his or her respective successor is appointed and qualified. (2) Members shall be appointed by a majority vote of the commissioners after consideration of recommendations from the Board of Elections and Registration of Heard County. (d) The members of the board shall elect one of their number to serve as chairperson of the board. Such chairperson shall preside over all meetings of the board and shall be entitled to vote on all matters coming before the board.

SECTION 4. Each member of the board shall:
(1) Be eligible to be reappointed to succeed such member; (2) Have the right to resign at any time by giving written notice of such resignation to the commissioners and to the clerk of the superior court; (3) Serve until his or her successor is appointed and qualified; and (4) Be subject to removal for good cause by the commissioners at any time after prior notice and a hearing.

SECTION 5. (a) The commissioners shall certify the appointment of each member of the board by filing an affidavit with the clerk of the superior court no later than 30 days preceding the date upon which such members are to take office, and such affidavit shall state the name and residential address of the person appointed and certify that such member has been duly appointed as provided in this Act. (b) The clerk of the superior court shall record each such affidavit on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.

SECTION 6. In the event a vacancy occurs in the office of any board member before the expiration of his or her term, by removal, death, resignation, or otherwise, the commissioners shall appoint a successor to serve the remainder of the unexpired term as provided for in Section 3 of this Act. The clerk of the superior court shall be notified of such interim appointments and shall record and certify such appointments in the same manner as the regular appointment of members.

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SECTION 7. Before entering upon the member's duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.

SECTION 8. (a) No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office. (b) Members of the board shall be residents of the county and shall have been registered voters in the county for a period of at least one year prior to the date of appointment to the board.

SECTION 9. The board shall have the authority to contract with any municipality or governmental authority located within the county for the holding by the board of any primary or election to be conducted within such municipality or governmental authority; provided, however, that any contract shall be approved and ratified by the commissioners. The full costs of any such election shall be paid for by the requesting municipality or governmental authority along with a fee established by the board to offset operational costs of the office of the board.

SECTION 10. (a) The board shall be authorized and empowered to organize itself, elect from among its members a vice chairperson, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of its affairs; provided, however, that no such action shall conflict with state law. (b) Action and decision by the board shall be by a majority of the members of the board.

SECTION 11. (a) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold meetings at its office, the county courthouse, or at the place of meeting of the commissioners. Any specially called meetings held pursuant to the bylaws adopted by the board shall be held only after public notice of the meeting is given as required by law. All meetings of whatever kind of the board shall be conducted pursuant to Chapter 14 of Title 50 of the Official Code of Georgia Annotated. (b) The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review pursuant to Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated.

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SECTION 12. There shall be a full-time elections supervisor to administer and supervise the conduct of the elections and primaries and the registration of electors of the county. The board shall act within 60 days of its members taking office under this Act, or of the date of any vacancy in such position, to submit and recommend for the position at least one, but no more than three names of qualified individuals to the county chairperson, who shall hire an elections supervisor based on a job description approved by the board. The county chairperson may either hire one of the candidates submitted and recommended by the board or may reject all candidates submitted and recommended by the board and request that it provide the chairperson with at least one new candidate. The elections supervisor shall not be eligible to serve as a member of the board. The elections supervisor shall be considered a county employee for purposes of pay, benefits, sick leave, vacation, termination of employment, and other purposes. The elections supervisor shall be subject to direction, evaluation, and corrective action by the county administrator.

SECTION 13. The elections supervisor may recommend to the county chairperson for employment such full-time and part-time employees as may be deemed necessary by the elections supervisor and as are approved in an annual budget adopted by the commissioners. All such employees shall be considered county employees for purposes of pay, benefits, sick leave, vacation, and other purposes in accordance with policies adopted by the commissioners.

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

SECTION 15. The board shall be responsible for the selection, appointment, and training of poll workers.

SECTION 16. The commissioners shall provide the board and the elections supervisor with proper and suitable offices and equipment. With the consent of the commissioners, the board shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other materials designed to inform and instruct adequately the electors of the county with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support of any political issues of matter of political concern.

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SECTION 17. Upon this Act becoming fully effective or upon such later date determined by the commissioners, the superintendent of elections of the county and the board of registrars of the county shall each be relieved of all powers and duties to which the board succeeds by the provisions of this Act and shall deliver to the board all equipment, supplies, materials, books, papers, records, and facilities pertaining to such powers and duties. Nothing contained herein is intended to prevent the appointment of members of the board, the hiring of clerical staff, or any necessary training for the members of the board and clerical assistants.

SECTION 18. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of making initial appointments to the board only. This Act shall become fully effective on July 1, 2017.

SECTION 19. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to create a board of elections and registration for Heard County and to provide for its powers and duties; 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 News and Banner, which is the official organ of Heard County, on the 15th of February in the year 2017; 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/ RANDY NIX Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 22nd of February, 2017, Before me:

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

Approved May 3, 2017.

__________

DOUGHERTY COUNTY CORONER AND DEPUTY CORONERS; COMPENSATION; DUTIES AND RESPONSIBILITIES.

No. 111 (House Bill No. 476).

AN ACT

To provide for compensation of the coroner and deputy coroners of Dougherty County; to provide for duties and responsibilities of the coroner; 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 coroner of Dougherty County shall receive compensation in the form of an annual salary of $65,000.00 to be paid in equal monthly installments from the funds of Dougherty County.

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SECTION 2. (a) The coroner of Dougherty County shall be responsible for conducting, at a minimum, 75 percent of the investigations made by the coroner's office during any calendar year. (b) In the event that a county morgue is established, the coroner shall be responsible for the operation and management of such county morgue.

SECTION 3. Deputy coroners shall only be compensated via fees for the performance of investigations established in Code Section 45-16-27 of the O.C.G.A., as amended; provided, however, that deputy coroners shall not perform more than 25 percent of the investigations conducted during any calendar year.

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 2017 session of the General Assembly of Georgia a bill relating to the offices of the coroner and deputy coroner of Dougherty County; 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 Albany Herald, which is the official organ of Dougherty County, on the 18th of February in the year 2017; 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/ GERALD GREENE Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 23rd of February, 2017, Before me:

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

Approved May 3, 2017.

__________

APPLING COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION.

No. 112 (House Bill No. 477).

AN ACT

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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

SECTION 2. As used in this Act, the terms "election," "primary," and "public office" shall have the same meaning as set forth in Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," unless otherwise clearly apparent from the text of this Act; "commissioners" means the Board of Commissioners of Appling County; and "county" means Appling County.

SECTION 3. (a) The board shall be composed of six members who shall be appointed as provided in this section. (b) One member of the board shall be selected by the chairperson of the Board of Commissioners of Appling County, and one member of the board shall be selected respectively by each commissioner of the Board of Commissioners of Appling County. (c) All appointments to the board shall be promptly certified by the appointing authority of the county to the clerk of the Superior Court of Appling County as provided in Section 5 of this Act. (d) The initial appointees to the board shall take office on July 1, 2017, to serve terms of office of four years beginning July 1, 2017, and until their respective successors are duly appointed and qualified. Thereafter, all successors to such members shall be appointed to serve four-year terms of office and until their respective successors are appointed and qualified. (e) The members of the board shall elect one of their number to serve as chairperson of the board. Such chairperson shall preside over all meetings of the board and shall be entitled to vote on all matters coming before the board.

SECTION 4. Each member of the board shall:
(1) Be eligible to be reappointed to succeed such member; (2) Have the right to resign at any time by giving written notice of such resignation to the governing authority of the county and to the clerk of the superior court; and (3) Serve until his or her successor is appointed and qualified.

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SECTION 5. (a) The appointing authority shall certify the appointment of each member of the board by filing an affidavit with the clerk of the superior court no later than 30 days preceding the date upon which such members are to take office, and such affidavit shall state the name and residential address of the person appointed and certify that such member has been duly appointed as provided in this Act. (b) The clerk of the superior court shall record each such affidavit on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.

SECTION 6. In the event a vacancy occurs in the office of any board member before the expiration of his or her term, by removal, death, resignation, or otherwise, the appointing authority which is required under Section 3 of this Act to make the appointment to the office upon the expiration of the term shall appoint a successor to serve the remainder of the unexpired term as provided for in Section 3 of this Act. The clerk of the superior court shall be notified of such interim appointments and shall record and certify such appointments in the same manner as the regular appointment of members.

SECTION 7. Before entering upon the member's duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.

SECTION 8. (a) No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office. (b) Members of the board shall be residents of the county and shall have been registered voters in the county for a period of at least one year prior to the date of appointment to the board.

SECTION 9. The board shall have the authority to contract with any municipality or governmental authority located within the county for the holding by the board of any primary or election to be conducted within such municipality or governmental authority. The full costs of any such election shall be paid for by the requesting municipality or governmental authority along with a fee established by the board to offset operational costs of the office of the board.

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SECTION 10. (a) The board shall be authorized and empowered to organize itself, elect from among its members a vice chairperson, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of its affairs; provided, however, that no such action shall conflict with state law. (b) Action and decision by the board shall be by a majority of the members of the board.

SECTION 11. (a) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold meetings at its office or at the place of meeting of the commissioners. Any specially called meetings held pursuant to the bylaws adopted by the board shall be held only after public notice of the meeting is given as required by law. All meetings of whatever kind of the board shall be conducted pursuant to Chapter 14 of Title 50 of the Official Code of Georgia Annotated. (b) The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review pursuant to Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated.

SECTION 12. Compensation for the members of the board shall be fixed by the commissioners. All amounts payable under this section shall be paid from the funds of the county.

SECTION 13. (a) The board may employ, subject to funding by the commissioners, clerical assistants as needed to efficiently carry out the duties and functions of the board on either an independent contract basis or as county employees entitled to all benefits as other county employees, to be determined by the commissioners. The compensation of all clerical assistants shall be established by the commissioners in the same manner as for other county employees. Any such assistants shall be at-will employees of the commissioners. (b) The commissioners shall provide suitable offices and equipment and funding sufficient to employ the staff and other employees of the board as may be necessary.

SECTION 14. The board shall be responsible for the selection, appointment, and training of poll workers.

SECTION 15. Except as otherwise provided in Section 16 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of making initial appointments to the board only. This Act shall become fully effective on

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

July 1, 2017. Upon this Act becoming fully effective or upon such later date determined by the commissioners, the board of elections of the county and the board of registrars of the county shall each be relieved of all powers and duties to which the board succeeds by the provisions of this Act and shall deliver to the board all equipment, supplies, materials, books, papers, records, and facilities pertaining to such powers and duties. Nothing contained herein is intended to prevent the appointment of members of the board, the hiring of clerical staff, or any necessary training for the members of the board and clerical assistants.

SECTION 16. An Act to create a board of elections for Appling County and to provide for its powers and duties, approved April 30, 2013 (Ga. L. 2013, p. 3984), is hereby repealed in its entirety effective on June 30, 2017.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to create a board of elections and registration for Appling County; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Chad Nimmer, Representative from District 178, 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 15th of February in the year 2017; 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/ CHAD NIMMER Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 17th of February, 2017, Before me:

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

Approved May 3, 2017.

__________

RANDOLPH COUNTY JOINT COUNTY-MUNICIPAL BOARD OF ELECTIONS AND REGISTRATION; CREATION.

No. 113 (House Bill No. 503).

AN ACT

To create a board of elections and registration for Randolph County and to provide for its powers and duties; to provide a method for the selection, resignation, and removal of its members and for filling vacancies; to provide for the qualification, terms, and oath of its members; to provide for rules and operation of the joint board; to provide for employees of the joint board; to provide for compensation; to provide for expenditures of funds and reimbursement; to provide for definitions; to repeal an Act to create a board of elections and registration for Randolph County; to provide for related matters; to provide for effective dates, abolishment of the previous board, and the transfer of certain of its property; 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 of Code Section 21-2-45 of the Official Code of Georgia Annotated, there is created and established in and for Randolph County and the cities of Cuthbert and Shellman a joint county-municipal board of elections and registration for Randolph County and the cities of Cuthbert and Shellman, hereinafter referred to as "the joint board." The joint board shall have all the powers and duties of the former Randolph County Board of Elections and Registration relating to the conduct of primaries and elections and to the registration of voters and absentee balloting procedures.

SECTION 2. The joint board shall be composed of three members, each of whom shall be an elector and resident of Randolph County and who shall be selected in the following manner:
(1) One member shall be appointed by the governing authority of Randolph County, one member shall be appointed by the governing authority of the City of Cuthbert, and one member shall be appointed by the governing authority of the City of Shellman. The members appointed by the governing authorities of the City of Cuthbert and the City of Shellman shall be residents of those cities. (2) The initial appointee of Randolph County shall serve for a term beginning July 1, 2017, and expiring on June 30, 2021. Thereafter, the appointees of Randolph County shall serve for terms of four years beginning on the first day of July immediately following the expiration of the appointee's term of office and until a successor is appointed and qualified. The initial appointees of the City of Cuthbert and the City of Shellman shall serve for a term beginning July 1, 2017, and expiring on June 30, 2019. Thereafter, the appointees of the City of Cuthbert and the City of Shellman shall serve for terms of four years beginning on the first day of July immediately following the expiration of the appointee's term of office and until a successor is appointed and qualified.

SECTION 3. No person who holds elective public office shall be eligible to serve as a member of the joint board during the term of such elective office, and the position of any such member shall be deemed vacant upon such member's qualifying as a candidate for elective public office. Further, no immediate family member of an elected public official shall be eligible to serve as a member during the elected official's term of office. For the purposes of this section, the term "immediate family" has the meaning provided by Code Section 20-2-58.1 of the Official Code of Georgia Annotated.

SECTION 4. In the event a vacancy occurs in the office of any member other than the supervisor of elections and registration before the expiration of that member's term of office, whether by removal, death, resignation, or otherwise, the respective appointing or electing authority shall

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appoint or elect a successor to serve the remainder of the unexpired term and until a successor is regularly appointed or elected.

SECTION 5. Before entering upon a member's duties, each member shall take substantially the same oath as required by general law for members of a board of elections and registration and shall have the same privileges from arrest.

SECTION 6. Each member of the joint board shall be eligible to succeed himself or herself without limitation and shall have the right to resign at any time by giving written notice of resignation to the clerk of the Superior Court of Randolph County. Each member shall be subject to removal from the joint board in the same manner and by the same authority as provided for removal of county registrars.

SECTION 7. (a) The joint board shall be authorized to organize itself, elect its officers, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. (b) Actions and decisions by the joint board shall be by a majority of the members of the joint board.

SECTION 8. (a) The chair of the joint board shall be the chief executive officer of the joint board and shall generally supervise, direct, and control the administration of the affairs of the joint board pursuant to state law and duly adopted resolutions of the joint board. (b) This joint board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The joint board shall hold regular quarterly meetings at such place as may be designated by the joint board. Any specially called meetings, held pursuant to the bylaws adopted by the joint board, shall be held only after notification of the time and place of the holding of such meeting in accordance with Chapter 14 of Title 50 of the Official Code of Georgia Annotated. All meetings of whatever kind of the joint board shall be open to the public. (c) The joint board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be made available for the public to review.

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SECTION 9. (a) The joint board shall be responsible for the selection and appointment of an administrative director to be known as the elections supervisor to administer and supervise conduct of elections, primaries, and registration of electors for the county. The elections supervisor shall serve at the pleasure of the joint board. The joint board shall act within 60 days of its members taking office under this Act to retain or appoint an elections supervisor who shall be hired by the joint board from a job description drawn by the joint board. (b) In the event the joint board fails to retain or appoint an elections supervisor to fill a vacancy within the time specified in subsection (a) of this section, an acting elections supervisor who shall fill temporarily such vacancy shall be appointed by the governing authority of Randolph County to serve until the joint board fills the vacancy.

SECTION 10. The joint board shall be authorized to employ full-time and part-time employees, including a full-time chief clerk, with the consent of the governing authority of Randolph County.

SECTION 11. With the consent of the governing authority of Randolph County, the joint board shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other material designed to inform and instruct adequately the electors of the county with regard to elections. No material distributed by the joint board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern.

SECTION 12. Compensation for the members of the joint board and the elections supervisor shall be fixed by the joint board with the approval of the governing authority of Randolph County. Such compensation shall be paid from county funds.

SECTION 13. The governing authority of Randolph County shall provide the joint board and the elections supervisor with proper and suitable offices and equipment.

SECTION 14. Randolph County shall pay all costs of the operations of the joint board, including, but not limited to, conduct of elections, compensation for members of the joint board and the elections supervisor, training of poll workers, administrative costs associated with the operations of the joint board, the performance of the duties of the joint board set forth herein, and other expenses necessary and incurred by the joint board with the approval of the governing authority of Randolph County. The cities of Cuthbert and Shellman shall

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reimburse the governing authority of Randolph County for the expenses incurred by Randolph County in conducting the municipal elections for each of such cities.

SECTION 15. The words "election," "elector," and "public office" shall have the same meaning ascribed to those words by Code Section 21-2-2 of the Official Code of Georgia Annotated, unless otherwise clearly apparent from the text of this Act.

SECTION 16. An Act to create a board of elections and registration for Randolph County, approved March 5, 2012 (Ga. L. 2012, p. 3906) is hereby repealed.

SECTION 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of making initial appointments to the joint board only. For all other purposes, this Act shall become effective on July 1, 2017, at which point the Board of Elections and Registration for Randolph County shall be relieved of all powers and duties to which the joint board succeeds by the provisions of this Act and it shall deliver thereafter to the chair of the new board the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. At such time, the Board of Elections and Registration of Randolph County shall be abolished.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to create a joint county-municipal boardo f elections and registration for Randolph County and the cities of Cuthbert and Shellman; to repeal and Act to create a board of electiona nd registration for Randolph County, approved March 5, 2012 (Ga.L.2012, p3906); to provide for related matters; to provide for effective dates; and for other persons.
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.

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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 Citizen's Times, which is the official organ of Randolph county, on the 22nd of February in the year 2017; 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

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 27th of February, 2017, Before me:

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

Approved May 3, 2017.

__________

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CITY OF WAYCROSS WAYCROSS CONVENTION AND VISITORS BUREAU; CREATION.

No. 114 (House Bill No. 504).

AN ACT

To create the Waycross Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation, to have the responsibility and authority to promote tourism, trade, and conventions in the City of Waycross, Georgia; to provide for creation and organization of the authority; to provide for a purpose; to provide for powers and duties; 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 "Waycross Convention and Visitors Bureau Authority Act."

SECTION 2. Definitions and references.

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

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 Waycross Convention and Visitors Bureau Authority. The authority shall be deemed to be a political subdivision of the

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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 a 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 Waycross, and its legal situs or residence for the purposes of this Act shall be in the City of Waycross. (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 Ware 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 Waycross; (2) Study, investigate, and develop plans for improving tourism in the City of Waycross and doing such things as tend to bring visitors and conventions into the city; (3) Advise and recommend plans to the city commission 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 Waycross.

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 to:
(1) Sue and be sued in contract or tort and to file complaints and defend in all courts; (2) Adopt and alter a corporate seal; (3) 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) 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) 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) 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) 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) 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, 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) 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) 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) Invest any accumulation of its funds in any manner in which public funds of the state or its political subdivisions may be invested; and (13) 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 and day-to-day operations and approving annual budgets. (b) The board shall consist of five directors. One director shall be the city manager, one director shall be the executive director, and the remaining directors shall be appointed by majority vote of the city commission. All directors shall be at least 21 years of age and all appointed directors shall be residents of the City of Waycross or owners or employees of businesses within the City of Waycross. No member of the governing authority of Ware County or the governing authority of the City of Waycross shall serve as a director. (c) The initial appointees to the board shall serve for staggered terms. The city commission shall designate one of its initial appointees to serve a term of two years, one to serve a term of three years, and one to serve a term of four years. All subsequent terms shall last four years. After having served an initial four-year term, an appointed director may succeed himself or herself for one additional four-year term of appointment and thereafter shall be

GEORGIA LAWS 2017 SESSION

3733

ineligible for 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 appointed director may resign at any time by filing a written notice of resignation with the city clerk. Appointed directors shall serve at the pleasure of the mayor and city commission and may be removed, with or without cause, by a two-thirds' vote of the mayor and entire city commission 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 reelected 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 commission 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 commission shall have the authority to establish salaries and compensation for the executive director.

SECTION 8. Meetings of the board of directors.

The board shall meet at such times as necessary to transact the business coming before it, but not less than twice yearly. Either the chairperson or any two other directors together may

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

call a special meeting of the board. 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, within ten days following each meeting, a copy thereof shall be furnished to the mayor and city commission. Meetings shall be conducted in accordance with the latest version of 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 commission seeking appropriations to the authority by the city commission. 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, 2017, 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 commission.

SECTION 11. Oversight.

The mayor and city commission 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 obligation, 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.

GEORGIA LAWS 2017 SESSION SECTION 13. Repealer.
All laws and parts of laws in conflict with this Act are repealed.

3735

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to create the Waycross Convention and Visitors Bureau Authority; 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 Waycross Journal-Herald, which is the official organ of Ware County, on the 21st of February in the year 2017; 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 C. SPENCER 180 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 27th of February, 2017, Before me:

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

Approved May 3, 2017.

__________

CITY OF WARM SPRINGS CORPORATE LIMITS.

No. 115 (House Bill No. 511).

AN ACT

To amend an Act to provide a new charter for the City of Warm Springs, approved May 10, 2005 (Ga. L. 2005, p. 4110), so as to change the corporate limits of the city; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide a new charter for the City of Warm Springs, approved May 10, 2005 (Ga. L. 2005, p. 4110), is amended by adding a new subsection to Section 1.11 to read as follows:
"(c) In addition to all areas presently within the corporate boundaries of the City of Warm Springs, the corporate boundaries shall include the following:
All that tract of land situate, lying and being in the City of Warm Springs, Meriwether County, Georgia, containing approximately 111.629 acres of real property, lying and being in Land Lots 121, 122, 135, and 136 of the 2nd Land District, Warm Springs, Meriwether County, Georgia, shown on a plat of survey entitled 'City of Warm Springs' by Precision Planning, Inc., more particularly by Randall W. Dixon, Georgia Registered Land Surveyor No. 1678, dated February 24, 1998, revised March 10, 1998, and June 8, 1998, recorded in Plat Book 19, Page 223, in the Office of the Clerk of the

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Superior Court of Meriwether County, Georgia, said plat being incorporated herein and by reference made a part hereof."

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act to provide a new charter for the City of Warm Springs, approved May 10, 2005 (Ga. L. 2005, p. 4110), 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 24th of February in the year 2017; 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/ DEBBIE BUCKNER 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 27th of February, 2017, Before me:

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

Approved May 3, 2017.

__________

CHATHAM-SAVANNAH YOUTH FUTURES AUTHORITY REPEAL.

No. 116 (House Bill No. 514).

AN ACT

To repeal an Act creating the Chatham-Savannah Youth Futures Authority, approved March 10, 1988 (Ga. L.1988, p. 3743), as amended; to provide for the assets and liabilities thereof; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Chatham-Savannah Youth Futures Authority, approved March 10, 1988 (Ga. L.1988, p. 3743), as amended, is hereby repealed in its entirety.

SECTION 2. There are no known assets of the Chatham-Savannah Youth Futures Authority, but to the extent any assets of the Chatham-Savannah Youth Futures Authority exist, they shall devolve automatically and without further action to Chatham County, Georgia. The Board of Commissioners of Chatham County, Georgia, is authorized to execute any deeds or instruments of conveyance required to place title of such assets into the name of Chatham County and is authorized to do so in the name of the Chatham-Savannah Youth Futures Authority. There are no known obligations of the Chatham-Savannah Youth Futures Authority, but to the extent such obligations exist, they shall be transferred to and assumed by Chatham County, Georgia, by such instruments as may be required to maintain the same.

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3739

The Board of Commissioners of Chatham County, Georgia, is authorized to execute any such instruments required to transfer such obligations into the name of Chatham County and is authorized to do so in the name of the Chatham-Savannah Youth Futures Authority.

SECTION 3. This Act shall become effective on July 1, 2017.

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 2017 session of the General Assembly of Georgia a bill to repeal an Act creating the Chatham Savannah Youth Futures Authority, approved March 10, 1988 (Ga. L. 1988, p. 3743), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Mickey Stephens, Representative from District 165, 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 23rd of February in the year 2017; 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/ MICKEY STEPHENS 165 Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 24th of February, 2017, Before me:

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

Approved May 3, 2017.

__________

FAYETTE COUNTY BOARD OF COMMISSIONERS; QUALIFICATIONS.

No. 117 (House Bill No. 532).

AN ACT

To amend an Act to create a Board of Commissioners of Roads and Revenues for Fayette County, approved March 9, 1959 (Ga. L. 1959, p. 2431), so as to provide for the qualifications of members of the board of commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to create a Board of Commissioners of Roads and Revenues for Fayette County, approved March 9, 1959 (Ga. L. 1959, p. 2431), is amended by revising Section 3 as follows:

"SECTION 3. Any person seeking election as a member of the board shall satisfy the requirements of state law governing qualifications to hold civil office. In addition, any person seeking election as a member of the board shall have resided in the road district from which he or she offers for election for a period of at least 12 months immediately preceding the date of his or her election."

GEORGIA LAWS 2017 SESSION
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

3741

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Fayette County, approved March 9, 1959 (Ga. L. 1959, p. 2431); to repeal conflicting laws; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Josh Bonner, 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 25th of February in the year 2017; 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/ JOSH BONNER 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 28th of February in the year 2017, Before me:

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

Approved May 3, 2017.

__________

CITY OF ROSWELL CITY COUNCIL; TERM LIMITS.

No. 118 (House Bill No. 534).

AN ACT

To amend an Act to reincorporate the City of Roswell in the County of Fulton, approved April 19, 2000 (Ga. L. 2000, p. 3844), as amended, so as to provide that no person shall hold the office of councilmember for more than three consecutive terms; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to reincorporate the City of Roswell in the County of Fulton, approved April 19, 2000 (Ga. L. 2000, p. 3844), as amended, is amended by revising Section 3.60, which is reserved, as follows:

"SECTION 3.60. Terms of city council.

No person elected as a councilmember in the general municipal election of 2017, or any election thereafter, shall serve as a councilmember for more than three consecutive four-year terms of office and shall not include any partial term of office. No terms of office served prior to January 1, 2018, shall be considered in determining if a person has served more than three consecutive four-year terms of office."

GEORGIA LAWS 2017 SESSION
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

3743

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act to reincorporate the City of Roswell in the County of Fulton, approved April 19, 2000 (Ga. L. 2000, p. 3844), as amended; so as to provide term limits for council members; for related matters; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Betty Price, Representative from District 48, 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 22nd of February in the year 2017; 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/ BETTY PRICE 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 27th of February, 2017, Before me:

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

Approved May 3, 2017.

__________

CITY OF VILLA RICA HOTEL/MOTEL TAX.

No. 119 (House Bill No. 537).

AN ACT

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

SECTION 2. The enactment of this Act is subsequent to the adoption of a Resolution by the governing authority of the City of Villa Rica on January 10, 2017, which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.

GEORGIA LAWS 2017 SESSION

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SECTION 3. In accordance with the terms of such resolution adopted by the governing authority of the City of Villa Rica:
(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 Villa Rica; 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. This Act supersedes any prior ordinances adopted by the governing authority of the City of Villa Rica pursuant to paragraph (3) of subsection (a) of Code Section 48-13-51 of the O.C.G.A.

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 2017 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Villa Rica 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, J. Collins, 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 Douglas County Sentinel, which is the official organ of Douglas County, on the 24th of February in the year 2017; and

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(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/ J. COLLINS Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 27th of February, 2017, Before me:

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Villa Rica 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, J. Collins, 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:

GEORGIA LAWS 2017 SESSION

3747

(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 24th of February in the year 2017; 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/ J. COLLINS Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 27th of February, 2017, Before me:

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

Approved May 3, 2017.

__________

CITY OF HAMPTON MAYOR PRO TEM OR OTHER SELECTED COUNCILMEMBER SERVING IN MAYOR'S ABSENCE; ABILITY TO VOTE ON MATTERS BEFORE COUNCIL.

No. 120 (House Bill No. 539).

AN ACT

To amend an Act to reincorporate and provide a new charter for the City of Hampton in Henry County, Georgia, approved April 19, 2006 (Ga. L. 2006, p. 3613), so as to provide for the ability of the mayor pro tem or members selected to serve in the absence of the mayor

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

and mayor pro tem to vote on matters before the council while serving in the absence of the mayor; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to reincorporate and provide a new charter for the City of Hampton in Henry County, Georgia, approved April 19, 2006 (Ga. L. 2006, p. 3613), is amended by revising paragraph (5) of Section 2.32 as follows:
"(5) The mayor shall have the right to vote on all questions before the council when said vote is a tie;".

SECTION 2. Said Act is further amended by revising Section 2.33 as follows:

"SECTION 2.33. Mayor pro tempore.

During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore of the city council, or in such person's absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tempore or selected councilmember shall retain the right to vote on all questions before the council while performing the duties of mayor. The mayor pro tempore or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter."

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 2017 Session of the General Assembly of Georgia a bill to enact a change to the Charter for the City of Hampton regarding voting rights of the Mayor Pro Tempore; and for other purposes.

GEORGIA LAWS 2017 SESSION

3749

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Karen Mathiak, 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 Henry Herald, which is the official organ of Henry County, on the 18th of February in the year 2017; 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/ KAREN MATHIAK Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 2nd of March, 2017, Before me:

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

Approved May 3, 2017.

__________

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

COBB COUNTY STATE COURT; SOLICITOR-GENERAL; COMPENSATION OF CERTAIN STAFF MEMBERS.

No. 121 (House Bill No. 540).

AN ACT

To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 12, 2015 (Ga. L. 2015, p. 4063), so as to change the salaries of certain staff of the solicitor-general of Cobb County; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved May 12, 2015 (Ga. L. 2015, p. 4063), is 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 not be less than $76,632.00 and shall not exceed $128,262.00, 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 $104,074.00, 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 $86,539.00, 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 $81,158.00 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."

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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 2017 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended; and for other purposes.
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 20th of January in the year 2017; 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/ BERT REEVES Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 28th of February, 2017, Before me:

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

Approved May 3, 2017.

__________

CITY OF RICHMOND HILL RICHMOND HILL PUBLIC FACILITIES AUTHORITY; CREATION.

No. 122 (House Bill No. 544).

AN ACT

To create the Richmond Hill Public Facilities Authority; to provide for a short title; to provide for definitions; to provide for its purpose; to provide for its powers; to provide for the membership of the authority and their terms of office, qualifications, and compensation; to provide for the issuance and sale of revenue bonds and other obligations; to provide that such revenues and other obligations are not general obligations; to provide for trust indentures; to provide for the security for such revenue bonds and other obligations; to provide for refunding revenue bonds and other obligations; to provide for a principal office and venue; to provide for validation; to provide for no impairment of rights; to provide for trust funds and investments; to provide for the power to set rates, fees, and charges; to provide for exemptions from taxation; to provide for tort immunity; to provide for exemptions from levy and sale; to provide for its area of operation; to provide for supplemental powers; to provide for no power to impose taxes; to provide for the conveyance of property upon dissolution; to provide for liberal construction; 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. Short title.

This Act shall be known and may be cited as the "Richmond Hill Public Facilities Authority Act."

SECTION 2. Definitions.

As used in this Act, the following words and terms shall have the meaning specified unless the context or use clearly indicates a different meaning or intent:
(1) "Authority" means the Richmond Hill Public Facilities Authority created by this Act. (2) "City" means the City of Richmond Hill, Georgia. (3) "Cost of the project" shall include:
(A) The cost of construction; (B) The cost of all land and interests therein, properties, rights, easements, and franchises acquired; (C) The cost of acquiring, constructing, restoring, refurbishing, or erecting buildings, improvements, materials, labor, and services; (D) The cost of all fixtures, furnishings, machinery, and equipment; (E) Issuance costs, including, but not limited to, fees or discounts of underwriters or placement agents, the funding of reserve accounts, and financing charges including interest prior to and during the construction, restoring, refurbishing, or acquisition of any project and for up to one year after such project is placed into service and operational at the level intended; (F) The cost of construction, restoring, refurbishing, engineering, architectural, fiscal, accounting, inspection, and legal expenses relating to a project or to the financing or refinancing of any project and other expenses necessary or incident to determining the feasibility or practicability of any project; and (G) Administrative expenses relating to any project or the financing or refinancing thereof, and such other expenses as may be necessary or incident to the financing or refinancing of a project herein authorized, the acquisition, construction, restoring, refurbishing, renovation, reconstruction, or remodeling of a project, and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as part of the cost of the project and may be paid or reimbursed as such out of any funds of the authority, including proceeds of any revenue bonds or other obligations issued under the provisions hereof for any such project or projects and the proceeds of the sale of any contracts, lease agreements, or installment sales agreements or the amounts payable thereunder, either directly or by the creation of interests therein.

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(4) "Obligations" means and includes revenue bonds, bond anticipation notes, other promissory notes, certificates of participation, custodial receipts or other similar instruments creating interests in any contracts, lease agreements, or installment sales agreements or in the amounts payable to the authority, directly or indirectly, thereunder. (5) "Private person" means any individual or any legal entity, other than a public body, whether operated for profit or not for profit. (6) "Project" means any capital project which may be financed with revenue bonds under general laws in effect from time to time, which is located or to be located in the city, that is determined by the authority to promote the public good or general welfare of the citizens of the city, or of the state, or any of its enterprises or systems, including, but not limited to, the acquisition, construction, restoring, refurbishing, renovation, improvement, extension, addition, or equipping within the city of:
(A) Utility systems and improvements, including without limitation water and sewer systems and facilities, sewage and solid waste disposal systems and facilities, and electric, gas, and other similar facilities and systems; (B) Emergency facilities, including emergency, fire, police, and rescue facilities and equipment; (C) Recreational facilities, including parks, athletic fields, buildings, or facilities and other similar facilities or related equipment; (D) Public safety facilities, including prisons, jails, police stations, facilities, or equipment, and state patrol, sheriff, or other law enforcement facilities or equipment; (E) Educational, cultural, or historical facilities and equipment; (F) Administrative facilities or equipment, including municipal buildings and other governmental buildings; (G) Courthouses, public libraries, visitor's centers, offices, municipal government buildings, and jails; (H) Facilities relating to aviation, including, but not limited to, airports, airfields, airport terminals, hangars, control towers, and facilities for the repair and maintenance of aircraft; (I) Facilities relating to communications, telephone services, television, and other broadcast services to the extent allowed by law, including but not limited to communications facilities, towers, lines, and cables; (J) Facilities relating to public transit; and (K) Other facilities. (7) "Public bodies" means and includes the United States of America and any federal agency, department, or authority or any branch of its armed services, and any county, political subdivision, or municipality of the state, and any state or local government agency, department, authority, agency, board, authority, or instrumentality, each being a "public body."

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(8) "Revenue bonds" means revenue bonds issued by the authority pursuant to the terms of this Act or under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." (9) "State" means the State of Georgia.

SECTION 3. Creation of authority; purpose.

There is created a body corporate and politic to be known as the "Richmond Hill Public Facilities Authority," which shall be deemed to be a public corporation. Such corporation shall be separate and distinct from any public corporation or other entity heretofore created by the General Assembly and shall be an instrumentality of the state exercising governmental and proprietary powers. The authority is created for the purpose of promoting the public good and general welfare of the citizens of the city and of the state and financing and providing facilities, equipment, and services within the city, for sale to, lease or sublease to, or operation by any public body or any private person. In connection with the exercise of any of its powers, the members of the authority may make findings or determinations that the exercise of its powers as proposed will promote the public good and general welfare and assist public bodies in providing facilities, equipment, and services in the city, and such findings or determinations, if made, shall be conclusive and binding and shall not be subject to review.

SECTION 4. Powers of the authority.

The authority shall have the power: (1) To sue and be sued; (2) To have and to use a seal and to alter the same at its pleasure; (3) To acquire by purchase, lease, gift, condemnation, or otherwise and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (4) To acquire, construct, restore, refurbish, purchase, hold, own, lease as lessee, expand, improve, renovate, repair, maintain, and operate real and personal property or interests therein; (5) To enter into contracts for operation, management, maintenance, and repair of any of its property and for other purposes; (6) To sell, lease as lessor, or otherwise transfer, pledge, or dispose of any real and personal property or interests therein. In connection with any such lease, sale, transfer, assignment, or other disposition, to the extent allowed by general law the authority need not comply with any other provision of law requiring public bidding or any notice to the public of such lease, sale, transfer, assignment, or other disposition;

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(7) To exercise the powers conferred upon a "public corporation" or a "public authority" by Article IX, Section III, Paragraph I of the Constitution of Georgia, such authority being expressly declared to be a "public corporation" or a "public authority" within the meaning of such provision of the Constitution of Georgia; (8) To acquire projects and other property in its own name by gift or by purchase on such terms and conditions and in such manner as it may deem proper. If the authority shall deem it expedient to construct any project on real property or any interest therein or usufruct therein that is subject to the control of any other public body, then such other public body is hereby authorized to convey or lease such real property or interest therein to the authority for no consideration or for such consideration as may be agreed upon by the authority and such other public body, taking into consideration the public benefit to be derived from such conveyance, lease, or usufruct. Any public body may, to the extent allowed by law, transfer such real property or interest therein without the necessity of putting the same out for bid and without regard to any determination as to whether or not such property or interest therein is surplus; (9) To accept gifts and bequests for its corporate purposes; (10) To appoint, select, and employ, with or without bidding to the extent allowed by law, as the authority may choose, officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, underwriters or other advisors, and attorneys, and to fix their compensation; (11) To make and execute with one or more public bodies and private persons contracts, lease agreements, rental agreements, installment sale agreements, and other instruments relating to the property of the authority and incident to the exercise of the powers of the authority, including contracts for constructing, restoring, refurbishing, renting, leasing, and selling its projects for the benefit of other public bodies, and without limiting the generality of the foregoing, authority is specifically granted to the authority and to other public bodies to enter into contracts, lease agreements, rental agreements, installment sale agreements, and related agreements with each other relating to the provision of any project or services for a term not exceeding 50 years, as provided in Article IX, Section III, Paragraph I (a) of the Constitution of Georgia; (12) To the extent not prohibited by the Constitution of the state or by general law, to be a co-owner, along with other public bodies and private persons, of any property or business entity if the authority finds and determines that such co-ownership is in the best interests of the authority and will serve the public purposes of the authority; (13) To purchase policies of insurance as may be deemed appropriate for its corporate purposes; (14) To operate, lease, sell, transfer, or otherwise dispose of any property, real or personal, or assets of the authority, or to assign its rights under its contracts, lease agreements, or installment sale agreements or its right to receive payments thereunder, either directly or through trust or custodial arrangements whereby interests are created in such contracts, lease agreements, or installment sale agreements or the payments to be received thereunder

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through the issuance of trust certificates, certificates of participation, custodial receipts, or other similar instruments. In connection with any such lease, sale, transfer, assignment, or other disposition, the authority, to the extent allowed by law, need not comply with any other provision of law requiring public bidding or any notice to the public of such lease, sale, transfer, assignment, or other disposition; (15) To accept loans and grants of money or property of any kind from the United States, or any public body or private person and all public bodies are authorized to make grants to the authority, subject to any limitations in the Constitution of Georgia; (16) To borrow money for any of its corporate purposes and to issue revenue bonds and other obligations payable from funds or revenues of the authority pledged for that purpose and to pledge and assign any of its revenues, income, rents, charges, and fees to provide for the payment of the same and to provide for the rights of the holders of such obligations;
(17)(A) To enter into: (i) Interest rate swaps, collars, or other types of interest rate management agreements; and (ii) Credit enhancement or liquidity agreements relating to any obligations of the authority, provided that the obligation of the authority under such agreements shall not be a general obligation of the authority but shall be a limited obligation of the authority payable from a specific source of funds identified for such purpose; and
(B) The authority shall be exempt from any requirement of state law requiring a swap management plan or other similar plan relating to interest swap agreements to the extent allowed by law; (18) To adopt such rules and regulations governing its employees and property as it may in its discretion deem proper; (19) To be sued the same as any private corporation on any contractual obligation of the authority. The authority shall have the same rights to sue any other person or entity as any private corporation; (20) To issue its revenue bonds or other obligations to finance or refinance any project which may be financed by any public body; (21) To have and exercise the usual powers of private corporations except such as are inconsistent with this Act or inconsistent with general law and to do any and all things necessary and convenient to accomplish the purpose and powers of the authority as herein stated; and (22) To allow any project to be leased to, subleased to, operated, or otherwise used by the authority or any other public body or private person.

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

The persons who from time to time are serving as the mayor of the city and members of its city council shall be by virtue of such office also a member of the authority and shall serve

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on the governing board of the authority so long as such person serves as the mayor or as a member of the city council of the city. Each member of the authority shall hold office for a term coinciding with his or her term as such mayor or as a member of such city council. In the event that the number of members of the city council is changed, then the number of members of the authority shall be correspondingly changed. Immediately after taking the oath of office as mayor or as a member of the city council of the city, such city official shall enter upon his or her duties as a member of the authority. A majority of the members of the authority holding office at any time shall constitute a quorum, and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority and, in every instance, a majority vote of a quorum shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds and other obligations. The mayor of the city shall serve as chairperson of the authority and the mayor pro tem shall serve as vice chairperson of the authority. The mayor may appoint an employee of the city to serve as secretary of the authority, or in the absence of such appointment, the city clerk of the city shall serve as secretary. The mayor may appoint an employee of the city to serve as treasurer of the authority, or in the absence of such appointment, the city's chief financial officer shall serve as treasurer. The members of the authority shall not be entitled to compensation for their services as members of the authority but may be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority may make rules and regulations for its own governance and it shall have perpetual existence. Any change in name or composition of the authority shall in no way affect the vested rights of any person under the provisions of this Act or impair the obligations of any contracts existing under this Act. The mayor and members of the city council, as officers of the city, may vote on transactions between the city and the authority and the members of the authority may likewise vote on transactions between the city and the authority and the same shall not be deemed to create any conflict of interest.

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

The authority shall have the power and is authorized from time to time to provide for the issuance and sale of negotiable revenue bonds in the manner provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and may issue other obligations for the purpose of paying all or any part of the cost of any one or more projects, including the cost of constructing, restoring, refurbishing, reconstructing, equipping, extending, adding to, or improving any such project, or for the purpose of refunding, as herein provided, any such bonds or other obligations of the authority or to refund bonds or other obligations of any other authority or public body previously issued to finance or refinance the cost of the project. The principal of and interest on such revenue bonds or other obligations shall be a limited obligation of the authority payable solely from the source or sources of funds specified in the indenture or resolution of the authority authorizing the

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issuance of such revenue bonds or other obligations. Such revenue bonds or other obligations shall mature on such dates, bear interest at such rate or rates, whether fixed or variable, be subject to redemption, and have such other terms as the authority may provide in the indenture or resolution relating thereto. Such revenue bonds or other obligations may be issued for cash, property, or other consideration and may be sold in a negotiated sale or in a public sale at such price and on such terms as the authority may determine. The offer, sale, or issuance of bonds or other obligations of the authority shall be exempt from registration to the extent provided in Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Uniform Securities Act of 2008," or any other law, as the same may be amended from time to time.

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

Revenue bonds or other obligations issued under the provisions of this Act or any loan incurred as authorized herein shall not constitute a debt or a pledge of the faith and credit of any other public body, but shall be payable solely from the sources as may be designated in the resolution or indenture of the authority authorizing the issuance of the same. The issuance of such obligations shall not directly, indirectly, or contingently obligate any public body to levy or to pledge any form of taxation whatsoever for the payment thereof, unless otherwise provided by an intergovernmental contract executed by such public body. No holder of any bond or other obligation or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of any other public body nor shall any such bond or other obligation constitute a charge, lien, or encumbrance, legal or equitable, upon any such property unless otherwise provided by an intergovernmental contract executed by such other public body and the authority. All such obligations shall contain on their face a recital setting forth substantially the foregoing provisions of this section. Nothing in this section shall be construed to prohibit any other public body from obligating itself to pay the amounts required under any intergovernmental contract entered into with the authority pursuant to Article IX of the Constitution of Georgia or any successor provision, including, if such other public body has taxing power, from funds received from taxes to be levied and collected by such other public body for that purpose and from any other source.

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

In the discretion of the authority, any issuance of such revenue bonds or other obligations may be secured by a trust indenture by and between the authority and a trustee, which may be any trust company or bank having the powers of a trust company within or outside the state. Such trust indenture may pledge or assign fees, tolls, rents, revenues, and earnings to

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be received by the authority, including the proceeds derived from the financing, sale, or lease, or operation from time to time, of any project. Either the resolution providing for the issuance of revenue bonds or other obligations or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the owners of such bonds or obligations as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority or any lessee or purchaser in relation to the acquisition and construction of any project; the maintenance, operation, repair, and financing of any project; and the custody, safeguarding, and application of all moneys, including the proceeds derived from the sale or lease of any project or from the sale of any such revenue bonds or other obligations and may contain provisions concerning the conditions, if any, upon which additional bonds or other obligations may be issued, whether on a parity with or subordinate to, any other obligations issued by the authority. Such indenture or resolution may set forth the rights and remedies of the owners of such obligations and of the trustee. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the owners of such bonds or other obligations or otherwise necessary or convenient in connection with the issuance of such obligations. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.

SECTION 9. Security for the payment of bonds or other obligations.

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

SECTION 10. Refunding bonds or obligations.

The authority is authorized to provide by resolution for the issuance of obligations, whether revenue bonds or other obligations, for the purpose of refunding any revenue bonds or other obligations issued under the provisions of this Act or under any other provision of state law

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

SECTION 11. Principal office; venue.

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

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

Revenue bonds of the authority shall be confirmed and validated in accordance with the procedure now or hereafter set forth in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," as the same now exists or may hereafter be amended. At the election of the authority, other obligations of the authority may be validated as if they were revenue bonds. The petition for validation shall name the authority as a defendant and may also make a party defendant to such action any other private person or public body that has or will contract with the authority with respect to the project for which revenue bonds or other obligations are to be issued and are sought to be validated. The bonds or other obligations, when validated, and the judgment of validation shall be final and conclusive with respect to the validity of such bonds or other obligations and the security therefor against the authority, against other parties to the validation, and against all other private persons and public bodies, regardless of whether such private persons or public bodies were parties to such validation proceedings. Any action pertaining to the validation of any revenue bonds or other obligations issued under the provisions of this Act and for the validation of any instruments entered or to be entered into by the authority or other private persons or public bodies securing the same shall be brought in the Superior Court of Bryan County, and such court shall have exclusive original jurisdiction of such actions.

SECTION 13. No impairment of rights.

While any of the bonds or other obligations issued by the authority or any interests in contracts of the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that

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will affect adversely the interests and rights of the holders of such bonds or obligations or such interests in contracts of the authority. The provisions of this section of this Act shall be for the benefit of the authority and of the holders of any such bonds or obligations and interests in contracts of the authority and, upon the issuance of bonds or obligations or the creation of interests in contracts of the authority under the provisions of this Act, shall constitute a contract with the holders of such bonds or obligations or such interests in contracts of the authority.

SECTION 14. Trust funds; permitted investments.

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

SECTION 15. Power to set rates, fees, and charges.

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

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

All revenue bonds or other obligations issued as provided in this Act are declared to be issued or incurred for an essential public and governmental purpose and such obligations and the interest thereon shall, to the extent not prohibited by general law, be exempt from all

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taxation within this state, whether or not the income on such bonds or other obligations is excludable from the gross income of the holders thereof for federal income tax purposes.

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

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

SECTION 18. Immunity of authority and members.

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

SECTION 19. Authority property not subject to levy and sale.

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

SECTION 20. Authority area of operation.

The scope of the authority's operations shall be limited to the territory embraced within the territorial limits of the city, as the same now or may hereafter exist; provided, however, that nothing in this section shall prevent the authority from contracting with any entity or body, public or private, outside of the city with respect to any project located in the city or located outside of the city in furtherance of its public purposes.

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SECTION 21. Supplemental powers.

This Act does not in any way take away from the authority any power which may be conferred upon it by law but is supplemental thereto.

SECTION 22. No right to impose tax.

The authority shall not have the right to impose any tax on any person or property.

SECTION 23. Conveyance of property upon dissolution.

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

SECTION 24. Act to be liberally construed.

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

SECTION 25. Repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to create the Richmond Hill Public Facilities Authority; 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 Bryan County News, which is the official organ of Bryan County, on the 16th of February in the year 2017; 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 28th of February, 2017, Before me:

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

Approved May 3, 2017.

__________

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CITY OF SUGAR HILL SUGAR HILL BUILDING AUTHORITY; CREATION.

No. 123 (House Bill No. 546).

AN ACT

To create the Sugar Hill Building Authority; to provide a short title; to provide for definitions; to provide for general powers; to provide for membership of the authority; to provide for issuance of revenue bonds; to provide that the credit of the authority is not pledged; to provide for trust indentures; to provide for sinking funds; to provide for revenue refunding bonds; to provide for venue, jurisdiction, and service of process; to provide for validation of revenue bonds; to provide for interests of bondholders and holders of interests in the authority; to provide that moneys received are considered trust funds; to provide for rates, charges, and revenue of projects; to provide for exemption from taxation; to provide immunity from tort actions; to provide that property of the authority is not subject to levy and sale; to provide for supplemental powers; to provide that the authority lacks taxing power; to provide conveyance of property upon dissolution; to provide for liberal construction; 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 "Sugar Hill Building Authority Act."

SECTION 2. Sugar Hill Building Authority created.

There is hereby created a body corporate and politic to be known as the "Sugar Hill Building Authority," which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title to be known. Such corporation shall be separate and distinct from any public corporation heretofore created by the General Assembly and shall be an instrumentality of the State of Georgia exercising governmental powers. All property owned by such corporation shall be public property held and owned for governmental purposes. It shall have perpetual existence. Any change in name or composition of the authority shall in no way affect the vested rights of any person under the provisions of this Act or impair the obligations of any contracts existing under this Act.

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SECTION 3. Definitions.

As used in this Act, the following words and terms shall have the following meanings unless a different meaning clearly appears from the context:
(1) "Authority" shall mean the Sugar Hill Building Authority created by this Act. (2) "Costs of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of building improvements, materials, labor, and services contracted for the cost of all machinery and equipment; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agents' expenses, legal expenses, plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incidental to the financing authorized in this Act; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (3) "Project" means:
(A) All buildings, facilities, and equipment necessary or convenient for the efficient operation of the City of Sugar Hill, or any department, agency, division, or commission thereof, or in order to benefit the residents of or visitors to the City of Sugar Hill; and (B) Any "undertaking" as defined in and permitted by the revenue bond law. (4) "Revenue bonds" shall mean revenue bonds issued by the authority pursuant to the terms of this Act and Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, the "Revenue Bond Law." (5) "Self-liquidating" means any project which the revenues and earnings to be derived by the authority therefrom and all properties used, leased, and sold in connection therewith will be sufficient to pay the costs of operating, maintaining, and repairing the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project.

SECTION 4. General powers.

The authority shall have the power to: (1) Hold, own, and convey real and personal property; (2) Sue and be sued; (3) Have and use a seal and to alter the same at its pleasure; (4) Acquire, construct, purchase, own, equip, operate, extend, improve, lease, and sell any project; (5) Exercise the powers conferred upon a public corporation or a public authority by Article IX, Section III, Paragraph I of the Constitution of Georgia, such authority being

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hereby expressly declared to be a public corporation or a public authority within the meaning of such provision of the Constitution of Georgia; (6) Acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws of the State of Georgia applicable to the condemnation of property for public use, including the power to proceed as a condemning body under the provisions of Article 2 of Chapter 2 of Title 22 of the Official Code of Georgia Annotated, relating to proceedings before a special master, or by gift, grant, lease, or otherwise, real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use, sale, or disposition of the same in any manner it deems to the best advantage of the authority. Title to any such property shall be held by the authority exclusively for the benefit of the public. No property shall be acquired as provided in 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 redeem the amount of such lien or encumbrance; (7) Appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their compensation; (8) Make and execute with public and private persons and corporations contracts, lease agreements, rental agreements, installment sale agreements, and other instruments relating to its projects and incident to the exercise of the powers of the authority, including contracts for constructing, renting, leasing, and selling its projects for the benefit of the City of Sugar Hill, Georgia; and, without limiting the generality of the foregoing, authority is specifically granted to the City of Sugar Hill, Georgia, to enter into contracts, lease agreements, rental agreements, installment sale agreements, and related agreements with the authority for a term not exceeding 50 years; (9) Sell or assign its rights under its contracts, lease agreements, or installment sale agreements or its right to receive payments thereunder, either directly or through trust or custodial arrangements whereby interests are created in such contracts, lease agreements, or installment sale agreements or the payments to be received thereunder through the issuance of trust certificates, certificates of participation, custodial receipts, or other similar instruments; (10) Accept loans and grants of money or property of any kind from the United States, the State of Georgia, or any political subdivision of the State of Georgia; (11) Borrow money for any of its corporate purposes and to issue revenue bonds payable solely from funds or revenues of the authority pledged for that purpose and to pledge and assign any of its revenues, income, rent, charges, and fees to provide for the payment of the same and to provide for the rights of the holders of such revenue bonds; (12) Accept gifts and bequests for its corporate purposes; and

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(13) Make such rules and regulations governing its employees and property as it may in its discretion deem proper.

SECTION 5. Membership.

The authority shall consist of seven members who shall be residents of the City of Sugar Hill, Georgia, who shall be eligible to succeed themselves, and who shall be appointed by the city council of the City of Sugar Hill, Georgia. The mayor and other city councilmembers shall be eligible to be appointed and serve as members. Of the initial members appointed to the authority, four shall be appointed for terms of one year each and three shall be appointed for terms of three years each. Upon the expiration of each of such initial terms, successors shall be appointed for terms of four years and until their successors shall be appointed. Any vacancy on the authority shall be filled for the unexpired term by the city council. Immediately after their appointment, the members of the authority shall enter upon their duties. Four members of the authority shall constitute a quorum, and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority and, in every instance, a majority vote of a quorum shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds. The authority shall elect one of its members as chairperson and shall elect a secretary and a treasurer who need not be members of the authority. The members of the authority shall not be entitled to compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regulations for its own government.

SECTION 6. Revenue bonds.

The authority shall have the power and is hereby authorized from time to time to provide by resolution for the issuance of negotiable revenue bonds in the manner provided by Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, the "Revenue Bond Law," for the purpose of paying all or any part of the cost of any one or more projects, including the cost of constructing, reconstructing, equipping, extending, adding to, or improving any such project or for the purpose of refunding, as provided in this Act, any such bonds of the authority previously issued. The principal of and interest on such revenue bonds shall be payable solely from such part of the revenues and earnings of such project or projects as may be designated in the resolution of the authority authorizing the issuance of such revenue bonds. The revenue bonds of each issue shall be issued and validated under and in accordance with the provisions of Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, the "Revenue Bond Law."

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SECTION 7. Revenue bonds; negotiability.

All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of this state. Such bonds are declared to be issued for an essential public and governmental purpose.

SECTION 8. Credit not pledged.

Revenue bonds issued under the provisions of this Act shall not constitute a debt or a pledge of the faith and credit of the State of Georgia or of the City of Sugar Hill, Georgia, but such bonds shall be payable solely from such part of the revenues and earnings of such project or projects as may be designated in the resolution of the authority authorizing the issuance of such bonds. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the State of Georgia or the City of Sugar Hill, Georgia, to levy or to pledge any form of taxation whatever for the payment thereof. No holder of any bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the State of Georgia or the City of Sugar Hill, Georgia, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital setting forth substantially the foregoing provisions of this section. The City of Sugar Hill, Georgia, however, may obligate itself to pay the amounts required under any contract entered into with the authority from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred with the authority, and from any other source; and the obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of the City of Sugar Hill, Georgia, but shall not constitute a debt of the City of Sugar Hill, Georgia, within the meaning of the Constitution of the State of Georgia, Article IX, Section V, Paragraph I; and, when the City of Sugar Hill, Georgia, contracts with the authority to make such payments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect such taxes from year to year in an amount sufficient to fulfill and fully comply with the terms of such contract.

SECTION 9. Revenue bonds; trust indenture as security.

In the discretion of the authority, any issue of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State of Georgia. Such trust indenture may pledge or assign fees, tolls, rents, revenues, and earnings

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to be received by the authority, including the proceeds derived from the sale or lease, from time to time, of any project. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition and construction of any project, the maintenance, operation, repair, and insurance of any project, and the custody, safeguarding and application of all moneys, including the proceeds derived from the sale or lease of any project; may provide that any project shall be acquired and constructed under the supervision and approval of consulting engineers or architects employed or designated by the authority and satisfactory to the original purchasers of the bonds issued therefor; may 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 pledging all or any part of the revenues and earnings of such project or projects may be issued. Such indenture may set forth the rights and remedies of the bondholders and of the trustee. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.

SECTION 10. Revenue bonds; sinking fund.

The revenues, fees, tolls, rents, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued and any moneys derived from the sale of any properties, both real and personal, of the authority, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal of and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust indenture may provide, and such funds so pledged from whatever source received, which pledge may include funds received from one or more or all sources not previously pledged and allocated, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due; (3) The necessary charges of any paying agent or agents for paying principal and interest, and (4) Any premium upon bonds retired by call or purchase.

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The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds issued pursuant to such resolution or trust indenture without distinction or priority of one over another.

SECTION 11. Revenue bonds; refunding bonds.

The authority is hereby authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and any premium required for the payment of such bonds prior to maturity. The issuance of such revenue bonds and all the details thereof, the rights of the holders thereof, and the duties of the authority with respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.

SECTION 12. Venue; jurisdiction; service.

The principal office of the authority shall be in the City of Sugar Hill, Georgia, and the venue of any action against it shall be in Gwinnett County. Any action pertaining to the validation of any bonds issued under the provisions of this Act and for the validation of any contract entered into by the authority shall be brought in the Superior Court of Gwinnett County, and such court shall have exclusive original jurisdiction of such actions. Service upon the authority of any process, subpoena, or summons shall be effected by serving the same personally upon the chairperson of the authority or upon any other person or persons designated and approved by resolution of the authority as a registered agent for service of process.

SECTION 13. Revenue bonds; validation.

Revenue bonds of the authority shall be confirmed and validated in accordance with the procedure now or hereafter set forth in Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, as the same now exists or may hereafter be amended. The petition for validation shall also make a party defendant to such action the City of Sugar Hill, Georgia, if such city has or will contract with the authority with respect to the project for which bonds are to be issued and are sought to be validated, and the City of Sugar Hill, Georgia, shall be required to show cause, if any exists, why such contract and the terms and conditions thereof should not be inquired into by the court and the validity of the terms

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thereof be determined and the contract adjudicated as security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to the validity of such bonds against the authority, and the validity of the contract and of the terms and conditions thereof, when validated, and the judgment of validation shall be final and conclusive against the City of Sugar Hill, Georgia, if it be a party to the validation proceeding as provided for in this Act.

SECTION 14. Interest of bondholders and holders of interests in authority contracts protected.

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

SECTION 15. Moneys received considered trust funds.

All moneys received by the authority pursuant to this Act, whether as proceeds from the sale of revenue bonds or contracts of the authority, as grants or other contributions, or as revenues, income, fees, and earnings, shall be deemed to be the trust funds to be held and applied solely as provided in this Act and in such resolutions and trust indentures as may be adopted and entered into by the authority pursuant to this Act.

SECTION 16. Rates, charges, and revenues of projects.

The authority is hereby authorized to prescribe, fix, and collect rates, fees, tolls, rents, and charges and to revise, from time to time, and collect such revised rates, fees, tolls, rents, and charges for the services, facilities, or commodities furnished, including leases, concessions, or subleases of its projects, and to determine the price and terms at and under which its projects may be sold.

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SECTION 17. Exemption from taxation.

The obligations, properties, activities, and income of the authority shall be subject to such tax exemptions as may be provided by general law.

SECTION 18. Immunity from tort actions.

The authority shall have the same immunity and exemption from liability for torts and negligence as the City of Sugar Hill, Georgia, and the officers, agents, and employees of the authority, when in performance of the work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of the City of Sugar Hill, Georgia. The authority may be sued the same as may private corporations on any contractual obligation of the Authority.

SECTION 19. Property not subject to levy and sale.

The property of the authority shall not be subject to levy and sale under legal process.

SECTION 20. Powers declared supplemental and additional.

This Act shall not in any way take away from the authority any power which may be conferred upon it by law but is supplemental thereto.

SECTION 21. Authority without taxing power.

The authority shall not have the right to impose any tax on any person or property.

SECTION 22. Conveyance of property upon dissolution.

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

GEORGIA LAWS 2017 SESSION SECTION 23.
Act to be liberally construed.
This Act shall be liberally construed to effect the purposes hereof.
SECTION 24. 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 2017 session of the General Assembly of Georgia a bill to create the Sugar Hill Building Authority; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Brooks Coleman, Representative from District 97, 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 Gwinnett Daily Post, which is the official organ of Gwinnett County, on the 3rd of March in the year 2017; 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/ BROOKS P. COLEMAN, JR. Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 6th of March, 2017, Before me:

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

Approved May 3, 2017.

__________

CITY OF VILLA RICA HOMESTEAD EXEMPTION; CITY TAXES; SENIOR CITIZENS; REFERENDUM.

No. 124 (House Bill No. 547).

AN ACT

To amend an Act to provide for a homestead exemption from City of Villa Rica ad valorem taxes for municipal purposes in the amount of $8,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older, approved February 20, 2017 (Act No. 6), so as to change the date of a referendum; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for a homestead exemption from City of Villa Rica ad valorem taxes for municipal purposes in the amount of $8,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older, approved February 20, 2017 (Act No. 6), is amended by revising Section 2 as follows:

"SECTION 2. The municipal election superintendent of the City of Villa Rica 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 Villa Rica for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 2017, and shall issue the call and conduct that election as provided by general law. The municipal

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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 organs of Carroll County and Douglas 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 Villa Rica ad valorem taxes for municipal purposes in the amount of
( ) NO $8,000.00 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, 2018. 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 Villa Rica. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State."

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 2017 session of the General Assembly of Georgia a bill to amend an Act for a homestead exemption from the City of Villa Rica ad valorem taxes for municipal purposes in the amount of $8,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older approved February 20, 2017 (Act No.6); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, J. Collins, 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 26th of February in the year 2017; 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/ J. COLLINS Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 6th of March, 2017, Before me:

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

Approved May 3, 2017.

__________

CITY OF RIVERDALE GOVERNING AUTHORITY; ELECTION FROM WARDS; VACANCIES.

No. 125 (House Bill No. 548).

AN ACT

To amend an Act to incorporate the City of Riverdale, approved February 13, 1956 (Ga. L. 1956, p. 2205), as amended, so as to provide for a governing authority; to create wards for the election of members of the governing authority; to provide for definitions and inclusions; to provide for method of election and filling vacancies; 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.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to incorporate the City of Riverdale, approved February 13, 1956 (Ga. L. 1956, p. 2205), is amended by revising Section 7 as follows:

"Section 7. Incumbents. The members of the city council elected in the November, 2013, general election shall continue in office for the terms to which they were elected and until their successors are elected and qualified as provided in this Act. The members of the city council elected in the November, 2015, general election shall continue in office for the terms to which they were elected and until their successors are elected and qualified as provided in this Act."

SECTION 2. Said Act is further amended by revising Section 7A as follows:

"Section 7A. Wards. (a) For the purpose of electing the four councilmembers of the City of Riverdale, the city shall be divided into four wards. Wards 1, 2, 3, and 4 shall correspond to those four numbered districts described in a plan and attached to and made a part of this Act and further identified as 'Plan: riverdale-pl-2016 Plan Type: Local Administrator: H074 User: Gina'.
(b)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a ward 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 ward, whenever the description of any ward refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.
(2) Any part of the City of Riverdale that is not included in any ward described in subsection (a) of this section shall be included within that ward contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of the City of Riverdale which is described in subsection (a) of this section as being included in a particular ward shall nevertheless not be included within such ward if such part is not contiguous to such ward. Such noncontiguous part shall instead be

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

SECTION 3. Said Act is further amended by revising Section 8 as follows:

"Section 8. Election, oath, and vacancies. (a) There shall be one member of the city council elected for each ward. A candidate shall designate the ward for which such candidate offers for election. Members of the city council shall be elected by qualified electors of the ward for which they offer for election. The election of members of the city council shall be conducted in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' (b) The first members of the reconstituted governing authority of the City of Riverdale from Wards 1 and 3 shall be elected in the November, 2017, general election. Such members shall take office on January 1 following their election and shall serve for terms of four years each and until their successors are elected and qualified. (c) The first members of the reconstituted governing authority of the City of Riverdale from Wards 2 and 4 shall be elected in the November, 2019, general election. Such members shall take office on January 1 following their election and shall serve for terms of four years each and until their successors are elected and qualified. (d) Successors to members elected under subsections (b) and (c) of this section shall be elected in 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. (e) All elections shall be conducted on a district-wide basis and in order for a candidate to be eligible to qualify as a candidate, in addition to the other qualifications enumerated in this charter, he or she must reside in the ward for which he or she offers for election for at least 12 months prior to an election. In order to be elected, a candidate for mayor or councilmember must receive a majority of the votes cast for the position for which he or she is offering as a candidate. (f) In the event a councilmember moves his or her residence from the ward that he or she represents after taking office, the mayor and city council shall declare his or her office vacant and it shall be filled as any other vacancy in the city's government.
(g)(1) At the first regular meeting of the mayor and city council after each regular election of members of the mayor and city council, they shall meet in the city hall or other designated place in the city and then and there severally take, before some officer authorized under the laws of Georgia to administer oaths, the following oath of office, to wit: 'I do solemnly swear that I will well and truly demean myself as mayor or councilmember, as the case may be, of the City of Riverdale for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor, so help me God.'

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(2) Should the mayor or any councilmember be absent from said meeting, such person shall take the oath of office as soon as possible thereafter. (h) Said mayor and councilmembers shall provide, by ordinance, for regular monthly meetings and may hold such special or called meetings as the business of the city may require, which special or called meetings shall be called either by the mayor in his or her discretion or by at least three councilmembers in their discretion, to be convened as provided by the city ordinances. Notice of special or called meetings shall be served by the city clerk or his or her designee on all other members personally or by telephone at least 24 hours in advance of the meeting. If the clerk or his or her designee is unable to reach a member, it shall be deemed sufficient notice under this section if telephonic communication is attempted via the member's telephone number designated for that purpose or by delivery of written notice at the member's home address, provided such attempt is made at least 24 hours in advance of the meeting and, if possible, a message is left for the member. Notice to councilmembers of special or called meetings shall not be required if the mayor and all councilmembers are present when the special meeting is convened. Notice of any special or called meeting may be waived by a member in writing either before or after such a meeting. Also, attendance at any special or called meeting shall constitute a waiver of notice concerning any business transacted in such member's presence. At special or called meetings, only the business stated in the call may be transacted. (i) In the event that the office of mayor or any one or more of the councilmembers shall become vacant by death, resignation, removal, or otherwise, said vacancy or vacancies may be filled by appointment and selection by the mayor and councilmembers in the case of vacancies in the city council, and by the councilmembers in the case of a vacancy in the office of mayor. Persons so selected shall be duly qualified to fill such vacancies for the unexpired term provided it does not exceed 12 months; otherwise, a special election shall be called."

SECTION 4. The provisions of this Act relating to and necessary for the 2017 regular election of members of the governing authority of the City of Riverdale 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, 2018.

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

Plan: riverdale-p1-2016 Plan Type: Local Administrator: H074 User: Gina

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District 001 Clayton County VTD: 063OAK4 - OAK 4 040510: 1015 1016 1017 VTD: 063RD01 - RIVERDALE 1 040509: 2018 VTD: 063RD03 - RIVERDALE 3 040510: 2004 2011 2012 2013 2014 2015 2018 2020 2021 2023 040512: 1000 1001 1002 1003 1004 1005 1006 1007 1013 1014 1015 1016 3006 3007 3008 3009 3010 3011 3012 3013 3014 3017 VTD: 063RD08 - RIVERDALE 8 040510: 2017 040512: 3002 3003 VTD: 063RD10 - RIVERDALE 10 040510: 2025

District 002 Clayton County VTD: 063RD04 - RIVERDALE 4 040521: 1007 2000 2001 2004 2005 2008 2009 2011 2012 2013 2016 2017 2018 2020 2025 2026 040522: 1002 1003 1004 1007 1008 1009 1010 1016 1017 1018 1019 1020 1021 1022 1023 1024 3021 040524: 1002 1003 3000 VTD: 063RD07 - RIVERDALE 7 040522: 3003 3004 3005 3006 3007

GEORGIA LAWS 2017 SESSION
District 003 Clayton County VTD: 063JB02 - JONESBORO 2 040515: 2000 2002 2004 2006 2007 2008 2009 2010 2011 2017 2019 2020 2027 3000 3012 040516: 1005 1010 1011 1012 1013 1014 1017 1018 1019 1020 1021 1022 1024 1025 1026 1029 1030 1031 VTD: 063RD09 - RIVERDALE 9 040523: 1020 1021 1022 1023 040524: 2001 2002 2012
District 004 Clayton County VTD: 063JB02 - JONESBORO 2 040515: 3006 VTD: 063RD03 - RIVERDALE 3 040512: 1010 1011 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2015 2016 040513: 3005 3006 3007 040522: 1013 1027 1028 040523: 1003 1004 VTD: 063RD04 - RIVERDALE 4 040522: 1011 1014 1015 1026 1029 1030 1031 040523: 1000 1001 1002 1005 1006 1007 1008 1009 1010 1011 1012 VTD: 063RD05 - RIVERDALE 5 040524: 3002 3011 VTD: 063RD07 - RIVERDALE 7 040522: 3013 3014 3015 3018

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VTD: 063RD08 - RIVERDALE 8 040513: 3010 VTD: 063RD09 - RIVERDALE 9 040523: 1013 1017 1018 1019 1024 1025 1026 1028 1029 1032 1033 1036 1043 1044 VTD: 063RD10 - RIVERDALE 10 040510: 2007 2010 040522: 1012 3016 3017 VTD: 063RD12 - RIVERDALE 12 040513: 3000 3001 3002 3003 3004 3024 3025 3030 3032 040514: 3000 040515: 3005 040523: 1014 1015 1034 1035 1039 1040 1045

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act to incorporate the City of Riverdale, approved February 13, 1956 (Ga. L. 1956, p. 2205), as amended, 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 22nd of February in the year 2017; 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/ VALENCIA STOVALL Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 28th of February, 2017, Before me:

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

Approved May 3, 2017.

__________

CANDLER COUNTY BOARD OF ELECTIONS AND REGISTRATION; REPEAL.

No. 126 (House Bill No. 551).

AN ACT

To repeal an Act to create a board of elections and registration for Candler County, approved April 19, 2006 (Ga. L. 2006, p. 3707); to provide for related matters; to provide an effective date; to provide a specific repealer; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. An Act to create a board of elections and registration for Candler County, approved April 19, 2006 (Ga. L. 2006, p. 3707), is hereby repealed.

SECTION 2. This Act shall become effective on July 1, 2017. Upon this Act becoming fully effective, the board of elections and registration for Candler County shall be relieved of all powers and duties to which the board succeeds by the provisions of that Act creating a board of elections and registration for Candler County, approved April 19, 2006 (Ga. L. 2006, p. 3707), and shall deliver to the judge of the Probate Court of Candler County and the board of registrars per ed. man. of Candler County all equipment, supplies, materials, books, papers, records, and facilities pertaining to such powers and duties.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to repeal an Act to create a board of elections and registration for Candler County, approved April 1, 2006 (Ga. L. p. 3707), 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 Metter Advertiser, which is the official organ of Candler County, on the 1st of March in the year 2017; 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/ BUTCH PARRISH Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 2nd of March, 2017, Before me:

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

Approved May 3, 2017.

__________

COBB COUNTY STATE COURT; CLERK AND CHIEF DEPUTY CLERK; COMPENSATION; EXECUTIVE ASSISTANT TO THE CLERK; CREATION.

No. 127 (House Bill No. 553).

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 create the position of executive assistant to the clerk of the State Court of Cobb County and to set the salary of such executive assistant; 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 and by adding a new subsection to Section 17 to read as follows:
"(4) The salary of the chief deputy clerk shall be $107,419.30 to be paid in equal monthly installments from funds of Cobb County." "(c) The clerk of the state court shall be allowed an executive assistant appointed by and under the direct supervision of the clerk of the state court. The person so appointed shall serve at the pleasure of the clerk. The clerk of the state court shall establish the qualifications, education, and experience necessary for appointment to such position. The salary of the executive assistant shall be $62,159.19 per annum, payable in equal monthly installments from the funds of Cobb County."

SECTION 2. Said Act is further amended by revising Section 23 as follows:

"SECTION 23. The clerk of the State Court of Cobb County shall receive an annual salary of $119,354.43 payable in equal monthly installments from the funds of Cobb County."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended; and for other purposes.
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.

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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 20th of January in the year 2017; 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/ BERT REEVES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 6th of March, 2017, Before me:

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

Approved May 3, 2017.

__________

CITY OF CARROLLTON HOTEL/MOTEL TAX.

No. 128 (House Bill No. 555).

AN ACT

To authorize the governing authority of the City of Carrollton to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures,

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

SECTION 2. The enactment of this Act is subsequent to the adoption of a Resolution by the governing authority of the City of Carrollton on February 6, 2017, 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 the City of Carrollton:
(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 to promote tourism in the City of Carrollton, Georgia, by providing increased funding for renovations to the Carrollton Cultural Arts Center, a spur from the Carrollton Greenbelt to Adamson Square, corridor and gateway improvements, and a community "branding" campaign; 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. This Act supersedes any prior ordinances adopted by the governing authority of the City of Carrollton pursuant to paragraph (3) of subsection (a) of Code Section 48-13-51 of the O.C.G.A.

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

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Carrollton 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, Kevin Cooke, Representative from District 18th, 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 26th of February in the year 2017; 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 6th of March, 2017, Before me:

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

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

My Commission Expires December 29, 2018 [SEAL]

Approved May 3, 2017.

__________

CLARKE COUNTY BOARD OF EDUCATION; SUPERINTENDENT; PURCHASES; PERFORMANCE BONDS.

No. 129 (House Bill No. 556).

AN ACT

To amend an Act providing for the merger of the existing independent school system of the City of Athens and the existing school district in the County of Clarke, approved March 7, 1955 (Ga. L. 1955, p. 3057), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4743), so as to provide for the authority of the superintendent to make certain purchases; to provide for performance bonds related to certain construction projects; to provide for approval of certain purchases by the board of education; to provide for the board of education to modify maximum expenditure amounts; 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 merger of the existing independent school system of the City of Athens and the existing school district in the County of Clarke, approved March 7, 1955 (Ga. L. 1955, p. 3057), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4743), is amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows:

"SECTION 11. (a) Except as provided in subsection (e) of this Section, the superintendent of education may purchase supplies, hire labor, and make repairs binding the Clarke County School District where the expenditures involved do not exceed the amount of $10,000.00. No purchase involving the expenditure of more than $5,000.00 but less than $10,000.00 shall be made in any case unless quotes are received by the school district from two or more vendors. (b) Except as provided in subsection (e) of this Section, no contracts for the construction, alteration, renovation, modification, or repair of buildings or the installation of equipment

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which involve the doing of labor or the furnishing of materials shall be entered into by the board of education without taking a performance bond if such contract exceeds $10,000.00. (c) Except as provided in subsection (e) of this Section, upon recommendation of the superintendent of education, contracts for the purchase of labor and materials which exceed $10,000.00 shall be approved by the board of education pursuant to invitations to bid which shall be publicly advertised by the school district. (d) Except as provided in subsection (e) of this Section, the purchase of professional services exceeding $10,000.00 annually must be approved by the board of education upon the recommendation of the superintendent. Professional services are defined as those services to be rendered to the school district by an individual, firm, partnership, corporation, or other entity licensed by the State of Georgia to provide such professional services. Invitations for proposals for the purchase of professional services shall be publicly advertised. (e) The board of education is authorized from time to time, by majority vote, to increase or decrease the maximum expenditure amounts provided for in subsections (a) through (d) of this Section, provided that no such maximum expenditure amount shall exceed $100,000.00."

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 2017 session of the General Assembly of Georgia a bill to amend an Act providing for the merger of the existing independent school system of the City of Athens and the existing school district in the County of Clarke, approved March 7, 1955 (Ga. L. 1955, p. 3057), as amended and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Spencer Frye, Representative from District 118, 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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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Athens Banner-Herald, which is the official organ of Clarke County, on the 27th of January in the year 2017; 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/ SPENCER FRYE Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 27th of February, 2017, Before me:

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

Approved May 3, 2017.

__________

LAMAR COUNTY LAMAR COUNTY PUBLIC FACILITIES AUTHORITY; CREATION.

No. 130 (House Bill No. 559).

AN ACT

To create the Lamar County Public Facilities Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority, contract payments to the authority, and from other money pledged

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therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; 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 "Lamar County Public Facilities Authority Act."

SECTION 2. Lamar County Public Facilities Authority.

(a) There is hereby created a public body corporate and politic to be known as the "Lamar County Public Facilities Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The authority shall consist of five members who shall be appointed by the Board of Commissioners of Lamar County. With respect to the initial appointment by the Board of Commissioners of Lamar County, two members shall be appointed for a term of three years; two members shall be appointed for a term of two years; and one member shall be appointed for a term of one year. Thereafter, all appointments shall be made for terms of three years and until successors are appointed and qualified. Immediately after such appointments, the members of the authority shall enter upon their duties. To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age and a resident of Lamar County, Georgia, for at least two years prior to the date of his or her appointment and shall not have been convicted of a felony. Any member of the authority may be selected and appointed to succeed himself or herself. A member may be removed from office by the board of commissioners for failure to perform the appropriate duties of membership. (c) The Board of Commissioners of Lamar County may provide by resolution for compensation for the services of the members of the authority in such amounts as it may deem appropriate; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (d) The members of the authority shall elect one of their number as chairperson and another as vice chairperson. The members of the authority shall also elect a secretary, who need not

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be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary and treasurer are not members of the authority, such officers shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. (e) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.

SECTION 3. Definitions.

As used in this Act, the term: (1) "Authority" means the Lamar County Public Facilities Authority created by this Act. (2) "Costs of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agents' expenses, legal expenses, plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incidental to the financing authorized in this Act; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (3) "Project" means: (A) All buildings, facilities, and equipment necessary or convenient for the efficient operation of: (i) Lamar County, Georgia, or any department, agency, division, or commission thereof; (ii) The Lamar County School District; or (iii) Any other political subdivision of the State of Georgia located within Lamar County, Georgia; and (B) Any "undertaking" permitted by the revenue bond law. (4) "Revenue bond law" means Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." (5) "Revenue bonds" means revenue bonds authorized to be issued pursuant to the revenue bond law. (6) "Self-liquidating" means any project from which the revenues and earnings to be derived by the authority therefrom, including, but not limited to, any contractual payments with governmental or private entities, and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the costs of operating, maintaining, and repairing the project and to pay the principal and interest on

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the revenue bonds or other obligations which may be issued for the purpose of paying the costs of the project. (7) "State" means the State of Georgia.

SECTION 4. Powers.

The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, condemnation, or otherwise and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes; 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 disposal of the same in any manner it deems to the best advantage of the authority. The authority shall be under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act. In any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned. No property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless, at the time such property is so acquired, a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (5) To execute contracts, leases, installment sale agreements, and other agreements and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of a project; and any and all persons, firms, corporations, Lamar County, the Lamar County School District, and any other political subdivision or municipality of the State of Georgia located in Lamar County, are hereby authorized to enter into contracts, leases, installment sale agreements, and other agreements or instruments with the authority upon such terms and for such purposes as they deem advisable and as they are authorized by law; (6) To acquire, construct, add to, extend, improve, equip, hold, operate, maintain, lease, and dispose of projects; (7) To pay the costs of the project with the proceeds of revenue bonds or other obligations issued by the authority or from any grant or contribution from the United States or any

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agency or instrumentality thereof or from this state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever; (8) To accept loans or grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof, upon such terms and conditions as the United States or such agency or instrumentality may require; (9) To accept loans or grants of money or materials or property of any kind from this state or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as this state or such agency or instrumentality or political subdivision may require; (10) To borrow money for any of its corporate purposes, to issue revenue bonds, and to provide for the payment of the same and for the rights of the holders thereof; (11) To exercise any power usually possessed by private corporations performing similar functions, including the power to incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness; and (12) To do all things necessary or convenient to carry out the powers expressly given in this Act.

SECTION 5. Revenue bonds.

The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized to provide by resolution for the issuance of revenue bonds of the authority for the purpose of paying all or any part of the costs of an undertaking under the revenue bond law and for the purpose of refunding revenue bonds or other obligation previously issued; provided, however, that no such revenue bonds shall be issued to finance a project for the Lamar County School District or any other political subdivision of the state located within Lamar County without the consent of the governing body of Lamar County. Revenue bonds shall be undertaken, issued, priced, validated, sold, paid, redeemed, refunded, secured, and replaced in accordance with the provisions of the revenue bond law.

SECTION 6. Revenue bonds; conditions precedent to issuance.

The authority shall adopt a resolution authorizing the issuance of the revenue bonds. In the resolution, the authority shall determine that the project financed with the proceeds of the revenue bonds is self-liquidating. Revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution

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may be passed at any regular or special or adjourned meeting of the authority by a majority of its members.

SECTION 7. Credit not pledged.

Revenue bonds of the authority shall not be deemed to constitute a debt of Lamar County, Georgia, nor a pledge of the faith and credit of such county, but such revenue bonds shall be payable solely from the fund hereinafter provided for. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate such county to levy or to pledge any form of taxation whatsoever for payment of such revenue bonds or to make any appropriation for their payment, and all such revenue bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the authority and any political subdivision or municipality to enter into an intergovernmental contract pursuant to which the political subdivision or municipality agrees to pay amounts sufficient to pay operating charges and other costs of the authority or any project including, without limitation, the principal of and interest on revenue bonds in consideration for services or facilities of the authority.

SECTION 8. Trust indenture as security.

In the discretion of the authority, any issuance of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without this state. Either the resolution providing for the issuance of the revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition and construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all money.

SECTION 9. To whom proceeds of bonds shall be paid.

In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the revenue bonds to any officer or person who, or any agency, bank, or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes thereof, subject to such regulations as this Act and such resolution or trust indenture may provide.

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SECTION 10. Sinking fund.

The money received pursuant to an intergovernmental contract and the revenues, fees, tolls, fines, charges, and earnings derived from any particular project or projects, regardless of whether or not such revenues, fees, tolls, fines, charges, and earnings were produced by a particular project for which revenue bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the revenue bonds or the trust indenture may provide. Such funds so pledged from whatever source received shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as the same shall fall due; (2) The principal or purchase price of such revenue bonds as the same shall fall due; (3) Any premium upon such revenue bonds as the same shall fall due; (4) The purchase of such revenue bonds in the open market; and (5) The necessary charges of the paying agent for paying principal and interest. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another.

SECTION 11. 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 Lamar County, Georgia, and any action pertaining to validation of any revenue bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.

SECTION 12. Interest of bondholders protected.

While any of the revenue 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 revenue bonds, and no other entity, department, agency, or authority shall be created which will compete with the authority to such an extent as to affect adversely the

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interest and rights of the holders of such revenue bonds nor shall the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such revenue bonds, and upon the issuance of such revenue bonds under the provisions of this Act, shall constitute a contract with the holders of such revenue bonds.

SECTION 13. Money received considered trust funds.

All money 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 14. Purpose of the authority.

Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of providing buildings, facilities, and services for the residents of Lamar County, Georgia.

SECTION 15. Rates, charges, and revenues; use.

The authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished, and in anticipation of the collection of the revenues, to issue revenue bonds or other types of obligations as provided in this Act to finance, in whole or in part, the costs of the project, and to pledge to the punctual payment of said revenue bonds or other obligations all or any part of the revenues.

SECTION 16. Rules, regulations, service policies, and procedures for operation of projects.

It shall be the duty of the authority to prescribe rules, regulations, service policies, and procedures for the operation of any project or projects constructed or acquired under the provisions of this Act. The authority may adopt bylaws.

SECTION 17. Tort immunity.

To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as Lamar County, Georgia; and the officers, agents,

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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 Lamar County, Georgia, when in the performance of their public duties or work of the county.

SECTION 18. Effect on other governments.

This Act shall not and does not in any way take from Lamar County, Georgia, or any county or municipality the authority to own, operate, and maintain public facilities or to issue revenue bonds as provided by the revenue bond law.

SECTION 19. Liberal construction of Act.

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

SECTION 20. 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 2017 session of the General Assembly of Georgia a bill to create the Lamar County Public Facilities Authority and to provide for the appointment of members of the authority; to provide for related matters; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, David Knight, Representative from District 130, 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 Herald Gazette, which is the official organ of Lamar County, on the 28th of February in the year 2017; 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 W. KNIGHT Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 6th of March, 2017, Before me:

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

Approved May 3, 2017.

__________

COWETA COUNTY COMMUNITY IMPROVEMENT DISTRICTS.

No. 131 (House Bill No. 560).

AN ACT

To provide for the creation of one or more community improvement districts in Coweta 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

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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:

SECTION 1. Short title.

This Act shall be known and may be cited as the "Coweta 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 Coweta 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.

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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 mprovement 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 by publishing notice thereof in the legal organ of Coweta 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;

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(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. 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 Coweta 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 Coweta 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.

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(9) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth 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, 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 Coweta 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 Coweta County Board of Tax Assessors.

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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 Coweta 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 Coweta County if the district is located wholly within the unincorporated area of Coweta 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 Coweta County and any municipality in which the district is partially located if it is located partially within the unincorporated area of Coweta 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 Coweta County ad valorem tax digest. The written consents provided for above shall be submitted to the Coweta 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 seven members to be appointed and elected as provided in this section. Two board members shall be appointed by the chairperson of the Board of Commissioners of Coweta County and confirmed by a majority of the Board of Commissioners of Coweta County and shall serve in Posts 6 and 7. If the district is now or hereafter partially or entirely located in a municipality, one board member shall be appointed by the mayor and confirmed by the governing authority of the municipality within which the district is now or hereafter partially

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or entirely located and shall serve in Post 7. Three board members shall be elected by the vote of equity electors and serve in Posts 3, 4 and 5, and two board members shall be elected by the vote of electors and serve in Posts 1 and 2. Each board member elected by the vote of the equity electors or electors shall receive a majority of the votes of the total of such electors or equity electors with respect to the post for which he or she is a candidate. The appointed board members shall serve at the pleasure of the governing authority which appointed them, respectively. The initial terms of office of the members representing Posts 1 and 3 shall be two years. The initial term of office of the members representing Posts 2, 4, and 5 shall be four years. Thereafter, all terms of office shall be for four years, except the appointed board members who serve at the pleasure of the governing body which appointed them, respectively. (b) The initial board members to be elected as provided in subsection (a) of this section shall be elected in a caucus of electors which shall be held within 60 days after the adoption of the resolutions and obtaining the written consents herein provided at such time and place within the district as the Board of Commissioners of Coweta 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 Coweta 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 Coweta 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 are expiring 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 which shall be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. For any election held under this Act, notice thereof shall be given to such electors by publishing notice thereof in the legal organ of Coweta County on four dates: at least 45 days, 31 days, 17 days, and ten days, respectively, prior to such election. (c) 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. (d) The board members shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. They shall elect one of their members as chairperson and another as vice chairperson and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may, but need not, be a member of the board. (e) If the boundaries of a district are subsequently changed after creation of the district to include land within a municipality which was not a party to the creation of the district, or if a municipality's boundaries are changed to include land within a then existing district, the governing authority of the municipality shall acquire the right to appoint a member to the

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board of the district upon entering into the cooperation agreement provided for in Section 9 of this Act. The new appointed board member in such case shall take office, representing Post 7, upon the appointment by such governing authority. (f) Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," shall not apply to the election of district board members. Should a vacancy in office of a district board member occur, and the regular caucus of electors is more than six months in the future, a special election shall be called to fill such vacancy, unless filled by appointment as provided in this Act. The district board may adopt such bylaws not inconsistent herewith to provide for any matter concerning such elections.

SECTION 6. Taxes, fees, and assessments.

(a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia and all property used for residential, agricultural, or forestry purposes and all tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed five mills on the assessed value of all such real property. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are 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 Coweta County or the municipality as a whole. Any tax, fee, or assessment so levied shall be collected by the Coweta County Tax Commissioner in the same manner as taxes, fees, and assessments are levied by Coweta County. Delinquent taxes shall bear the same interest and penalties as Coweta 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 Coweta 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.

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SECTION 7. Boundaries of the districts.

(a) The boundaries of the district or districts shall be as designated by the governing authority of Coweta County and such municipalities within which the district may be partially located if partially within the unincorporated area of Coweta 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 Coweta County if any portion of the district is or is to be in the unincorporated area of Coweta County, and the governing authority of such municipalities as may have area within the district before or after the annexation. (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 Coweta County if any portion of the district is or is to be in the unincorporated area of Coweta 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

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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 Coweta 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 Coweta County or any such municipality to provide services or facilities within the district, and Coweta 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 Coweta County or such municipalities. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein.

SECTION 10. Powers.

(a) The district and the board created pursuant 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

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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; (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;

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(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 Coweta 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 within 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 Coweta County or municipal services; (21) To reimburse expenses for the creation and approval of a district; and (22) Do all things necessary or convenient to carry out the powers conferred hereby. (b) The powers enumerated in subsection (a) of this section are cumulative of and in addition to those powers enumerated herein and elsewhere in this Act, and no such power 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 Coweta County if wholly within the unincorporated area of Coweta County, by the governing authority of Coweta County and such municipalities within which the district may be located if within the unincorporated area of Coweta County and partially within one or more municipalities, or by the governing authority of a municipality if wholly within the incorporated area thereof; and

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(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 Coweta 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 Coweta County Tax Commissioner, the governing authorities of Coweta 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 Coweta 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.

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(f) When a dissolution becomes effective, the governing authority of Coweta 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.

SECTION 14. Effective date.

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

SECTION 15. Repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to provide for the creation of one or more community improvement districts in Coweta County; to provide for related matters; 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 2nd of February in the year 2017; 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 3rd of March, 2017, Before me:

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

Approved May 3, 2017.

__________

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CITY OF SPRINGFIELD CORPORATE LIMITS; CITY COUNCIL; MEMBERS, POLITICAL ACTIVITIES, ORGANIZATIONAL MEETINGS, ORDINANCES, MAYOR PRO TEMPORE, DEPARTMENTS, CITY ATTORNEY, MUNICIPAL COURT, BUDGET, PURCHASING, PROPERTY, AND BONDS.

No. 132 (House Bill No. 561).

AN ACT

To amend an Act providing a new charter for the City of Springfield, approved April 11, 2012 (Ga. L. 2012, p. 4840), so as to provide for corporate boundaries; to provide for members of the city council; to provide for political activities of officers and employees; to provide for organizational meetings; to provide for ordinances; to provide for a mayor pro tempore; to provide for administrative and service departments; to provide for a city attorney; to provide for jurisdiction of the municipal court; to provide for appellate review; to provide for an operating budget; to provide for capital improvements; to provide for purchasing; to provide for sale and lease of property; to provide for bonds for officials; 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 Springfield, approved April 11, 2012 (Ga. L. 2012, p. 4840), is amended by revising subsection (a) of Section 1.2 as follows:
"(a) The boundaries of this city shall be those existing on the earliest effective date in 2017 of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city council and to be designated, as the case may be: 'Official Map of the corporate limits of the City of Springfield, Georgia.' Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description."

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SECTION 2. Said Act is further amended by revising Section 2.2 as follows:

"SECTION 2.2. Members of 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. The term of office of each member of the city council shall begin on the first day of January immediately following the election of such member unless general law authorizes or requires the term to begin at the first organizational meeting in January or upon some other date. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for 12 months prior to the date of the election of mayor or members of the city council; each shall continue to reside therein during that person's period of service and to be registered and qualified to vote in municipal elections of this city."

SECTION 3. Said Act is further amended by revising subsection (g) of Section 2.5 as follows:
"(g) Political activities of certain officers and employees. No appointed officer or employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office of the City of Springfield. No employee of the city shall continue in such employment upon election to any public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and city council either immediately upon election or at any time such conflict may arise."

SECTION 4. Said Act is further amended by revising Section 2.8 as follows:

"SECTION 2.8. Organizational meetings.

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

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SECTION 5. Said Act is further amended by revising Section 2.12 as follows:

"SECTION 2.12. Ordinance form; procedures.

(a) Every proposed ordinance shall be presented to the city council in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be 'It is hereby ordained by the governing authority of the City of Springfield' and every ordinance shall so begin. (b) An ordinance may be presented to the city council by any member of the city council at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council; provided, however, that an ordinance shall not be adopted on the same day it is presented and may not be adopted or rejected by the city council until a following regularly scheduled meeting, except for ordinances of an urgent nature as provided for in Section 2.14 of this charter. Upon presentation of any ordinance, the clerk shall distribute a copy of the proposed ordinance to the mayor and to each councilmember, shall file a copy of the proposed ordinance in the office of the clerk or at such other public places as the city council may designate, and shall make the proposed ordinance available for public inspection."

SECTION 6. Said Act is further amended by revising Section 2.14 as follows:

"SECTION 2.14. Ordinances of an urgent nature.

(a) To meet a public need affecting life, health, safety, welfare, property, or public peace, or which is otherwise urgent, the city council may at the request of the city manager and the approval of a member of the city council consider an ordinance of an urgent nature, 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. (b) An ordinance of an urgent nature shall be presented in the form prescribed for ordinances generally, except that it shall be plainly designated as an ordinance of an urgent nature and shall contain, after the enacting clause, a declaration stating that urgency exists and describing the urgency in clear and specific terms. An ordinance of an urgent nature may be adopted, with or without amendment, or rejected at the meeting at which it is presented without the need for a second meeting as otherwise required by Section 2.12 of this charter, but the affirmative vote of a majority of the members of city council present shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify.

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(c) Unless it is considered and approved at a subsequent city council meeting held within 31 days of the date of original adoption, every ordinance of an urgent nature shall automatically stand repealed 32 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 urgency still exists. An ordinance of an urgent nature may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of ordinances of an urgent nature."

SECTION 7. Said Act is further amended by revising subsection (a) of Section 2.16 as follows:
"(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."

SECTION 8. Said Act is further amended by revising Section 2.22 as follows:

"SECTION 2.22. Selection of mayor pro tempore.

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

SECTION 9. Said Act is further amended by revising subsection (a) of Section 3.1 as follows:
"(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city."

SECTION 10. Said Act is further amended by revising Section 3.3 as follows:

"SECTION 3.3. City attorney.

The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council

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as directed; shall advise the city council and city manager and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of such person's position as city attorney. The city attorney shall not be the personal attorney of any official of the city."

SECTION 11. Said Act is further amended by adding a new subsection to Section 4.4 to read as follows:
"(i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations."

SECTION 12. Said Act is further amended by revising Section 4.5 as follows:

"SECTION 4.5. Certiorari.

(a) The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Effingham County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. (b) The orders, verdicts, judgments, and sentences of the municipal court shall be subject to appellate review in accordance with state law."

SECTION 13. Said Act is further amended by revising Section 6.16 as follows:

"SECTION 6.16. Operating budget.

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 other pertinent comments and information. The operating budget and the capital budget provided for in Section 6.20 of this charter, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection."

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SECTION 14. Said Act is further amended by revising subsection (a) of Section 6.20 as follows:
"(a) On or before the date fixed by the city council, the city manager shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital budget, except to meet an urgent need as provided in Section 2.14 of this charter."

SECTION 15. Said Act is further amended by revising Section 6.23 as follows:

"SECTION 6.23. Purchasing.

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

SECTION 16. Said Act is further amended by revising subsection (c) of Section 6.24 as follows:
"(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the city manager to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made."

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SECTION 17. Said Act is further amended by revising Section 7.1 as follows:

"SECTION 7.1. Bonds for officials.

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Springfield, approved April 11, 2012 (Ga. L. 2012, p. 4840); 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 Effingham Herald, which is the official organ of Effingham County, on the 1st of March in the year 2017; 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/ JON BURNS Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 6th of March, 2017, Before me:

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

Approved May 3, 2017.

__________

CITY OF ETON CITY OF ETON PUBLIC FACILITIES AUTHORITY; CREATION.

No. 133 (House Bill No. 562).

AN ACT

To create the City of Eton Public Facilities Authority; to provide for a short title; to provide for membership of the authority; to provide for definitions; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, fines, charges, and earnings of the authority, contract payments to the authority, and from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings, and contract payments of the authority for the payment of such revenue bonds; to authorize the execution of resolutions and trust indentures to secure the payment of the revenue bonds of the authority and to define the rights of the holders of such obligations; to provide for exemption from taxation; to fix and provide the venue and jurisdiction of actions relating to the authority; to provide for the validation of bonds; to provide for tort immunity; 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. Short title.

This Act shall be known and may be cited as the "City of Eton Public Facilities Authority Act."

SECTION 2. City of Eton Public Facilities Authority.

(a) There is hereby created a public body corporate and politic to be known as the "City of Eton Public Facilities Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence.
(b)(1) The authority shall be composed of three members, who shall be residents of the City of Eton appointed by the affirmative vote of a majority of the governing authority of the City of Eton. No member shall be an elected official or employee of the City of Eton. (2) The terms of office of the members shall be as follows:
(A) Member 1 shall serve an initial term of office until December 31, 2019, or until his or her successor is duly appointed and qualified. Thereafter, all successors to such member shall be appointed to serve four-year terms of office and until his or her successor is duly appointed and qualified; and (B) Members 2 and 3 shall serve initial terms of office until December 31, 2021, or until his or her respective successor is duly appointed and qualified. Thereafter, all successors to such members shall be appointed to serve four-year terms of office and until his or her respective successor is appointed and qualified. (3) A member of the authority may be removed at any time upon the affirmative vote of a majority of the members of the governing authority of the City of Eton, upon a determination that such member has, while in office: (A) Been convicted of a felony, a misdemeanor of a high and aggravated nature, or a crime involving moral turpitude; (B) Moved such member's residence from the city during such member's term of office; (C) Committed misfeasance or malfeasance in office; or (D) Failed to attend three or more successive regular meetings of the board without a reasonable excuse. (c) The mayor and council of the City of Eton shall not provide for additional compensation for the services of the members of the authority; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (d) The members of the authority shall elect one of their number as chairperson and another as vice chairperson. The members of the authority shall also elect a secretary, who need not

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be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary and treasurer are not members of the authority, such officers shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. (e) Two 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. Any vacancy shall be filled by the affirmative vote of a majority of the members of the governing authority of the City of Eton.

SECTION 3. Definitions.

As used in this Act, the term: (1) "Authority" means the City of Eton Public Facilities Authority created by this Act. (2) "Costs of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agents' expenses, legal expenses, plans and specifications, and other expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incidental to the financing authorized in this Act; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (3) "Project" means police, fire, roads, city owned buildings, parks and recreation, and storm-water facilities, and equipment that in each case is necessary or convenient for the efficient operation of the City of Eton or any department, agency, division, or commission thereof, and no others. For the avoidance of doubt, the authority may not carry out any "undertaking" or otherwise exercise its powers, except with respect to buildings, facilities, and equipment used directly for or as police, fire, roads, city owned buildings, parks and recreation, and storm-water purposes, notwithstanding any provision of this Act to the contrary. Without limitation, in no event shall the purposes or powers of the authority extend to water or sewer projects. (4) "Revenue Bond Law" means the Revenue Bond Law of the State of Georgia (codified at O.C.G.A. Section 36-82-62, et seq., as amended), or any other similar law hereinafter enacted. (5) "Revenue bonds" means revenue bonds authorized to be issued pursuant to the Revenue Bond Law. (6) "Self-liquidating" means any project which the revenues and earnings to be derived by the authority therefrom, including but not limited to any contractual payments with governmental or private entities, and all properties used, leased, and sold in connection therewith, together with any grants, will be sufficient to pay the costs of operating,

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maintaining, and repairing the project and to pay the principal and interest on the revenue bonds or other obligations which may be issued for the purpose of paying the costs of the project. (7) "State" means the State of Georgia.

SECTION 4. Powers.

The authority shall have the power to: (1) Have a seal and alter the same at its pleasure; (2) Acquire by purchase, lease, gift, condemnation, or otherwise, and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) Acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, and no property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) Appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (5) Execute contracts, leases, installment sale agreements, and other agreements and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, or maintenance of a project; and any and all persons, firms and corporations, and the City of Eton, Georgia, are hereby authorized to enter into contracts, leases, installment sale agreements, and other agreements or instruments with the authority with respect to authorized projects upon such terms and for such purposes as they deem advisable and as they are authorized by law; (6) Acquire, construct, add to, extend, improve, equip, hold, operate, maintain, lease, and dispose of projects; (7) Pay the costs of the project with the proceeds of revenue bonds or other obligations issued by the authority or from any grant or contribution from the United States of America or any agency or instrumentality thereof or from the state or any agency or instrumentality or other political subdivision thereof or from any other source whatsoever;

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(8) Accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (9) Accept loans or grants of money or materials or property of any kind from the state or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the state or such agency or instrumentality or political subdivision may require; (10) Borrow money for any of its corporate purposes and to issue revenue bonds and to provide for the payment of the same and for the rights of the holders thereof; and (11) Do all things necessary or convenient to carry out the powers expressly given in this Act, but only within the scope of the powers and purposes of the authority expressly stated in this Act.

SECTION 5. Revenue bonds.

The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have the power and is hereby authorized to provide by resolution for the issuance of revenue bonds of the authority for the purpose of paying all or any part of the costs of the project and for the purpose of refunding revenue bonds or other obligations previously issued. The principal of and interest on such revenue bonds shall be payable solely from the special fund hereby provided for such payment. The revenue bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, shall be payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of such revenue bonds.

SECTION 6. Revenue bonds; form; denomination; registration; place of payment.

The authority shall determine the form of the revenue bonds and shall fix the denomination or denominations of the revenue bonds. The revenue bonds may be issued in coupon or registered form, or both, as the authority may determine, and provision may be made for registration and exchangeability privileges. The authority shall fix the place or places of payment of principal and interest thereon.

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SECTION 7. Revenue bonds; signatures; seal.

All such revenue bonds shall bear the manual or facsimile signature of the chairperson or vice chairperson of the authority and the attesting manual or facsimile signature of the secretary, assistant secretary, or secretary-treasurer of the authority, and the official seal of the authority shall be impressed or imprinted thereon. Any coupons attached thereto shall bear the manual or facsimile signatures of the chairperson or vice chairperson and the secretary, assistant secretary, or secretary-treasurer of the authority. Any revenue bonds or coupons attached thereto may bear the manual or facsimile signature of such persons as at the actual time of the execution of such revenue bonds or coupons shall be duly authorized or hold the proper office, although at the date of issuance of such revenue bonds such person may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any revenue bond or any coupon shall cease to be such officer before the delivery of such revenue bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if that person had remained in office until such delivery.

SECTION 8. Revenue bonds; negotiability; exemption from taxation.

All revenue bonds shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of the state. All revenue bonds, their transfer, and the income therefrom shall be subject to such tax exemptions as may be provided by general law.

SECTION 9. Revenue bonds; sale; price; proceeds.

The authority may sell revenue bonds in such manner and for such price as it may determine to be in the best interest of the authority. The proceeds derived from the sale of revenue bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such revenue bonds.

SECTION 10. Interim receipts and certificates or temporary revenue bonds.

Prior to the preparation of any definitive revenue bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary revenue bonds, with or without coupons, exchangeable for definitive revenue bonds upon the issuance of the latter.

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SECTION 11. Replacement of lost or mutilated revenue bonds.

The authority may provide for the replacement of any revenue bonds or coupons which shall become mutilated or be destroyed or lost.

SECTION 12. Conditions precedent to issuance of revenue bonds.

The authority shall adopt a resolution authorizing the issuance of revenue bonds. In the resolution, the authority shall determine that the project financed with the proceeds of the revenue bonds is self-liquidating. Revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by a majority of its members.

SECTION 13. Credit not pledged.

Revenue bonds shall not be deemed to constitute a debt of the City of Eton, Georgia, nor a pledge of the faith and credit of the city, but such revenue bonds shall be payable solely from the fund provided for in this Act. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the city to levy or to pledge any form of taxation whatsoever for payment of such revenue bonds or to make any appropriation for their payment, and all such revenue bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the authority and any political subdivision or municipality to enter into an intergovernmental contract pursuant to which the political subdivision or municipality agrees to pay amounts sufficient to pay operating charges and other costs of the authority or any project including, without limitation, the principal of and interest on revenue bonds in consideration for services or facilities of the authority.

SECTION 14. Trust indenture as security.

In the discretion of the authority, any issuance of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company inside or outside the state. Either the

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resolution providing for the issuance of the revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition and construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys.

SECTION 15. To whom proceeds of bonds shall be paid.

In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the revenue bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes thereof, subject to such regulations as this Act and such resolution or trust indenture may provide.

SECTION 16. Sinking fund.

The moneys received pursuant to an intergovernmental contract and the revenues, fees, tolls, fines, charges, and earnings derived from any particular project or projects, regardless of whether or not such revenues, fees, tolls, fines, charges, and earnings were produced by a particular project for which revenue bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the revenue bonds or the trust indenture may provide, and such funds so pledged from whatever source received shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which sinking fund shall be pledged to and charged with the payment of:
(1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal or purchase price of such revenue bonds as the same shall fall due; (3) Any premium upon such revenue bonds as the same shall fall due; (4) The purchase of such revenue bonds in the open market; and (5) The necessary charges of the paying agent for paying principal and interest. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another.

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SECTION 17. Remedies of bondholders.

Any holder of revenue bonds or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state, including specifically but without limitation the Revenue Bond Law, or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished.

SECTION 18. Validation.

Revenue bonds and the security therefor shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action the state; any institution, department, or other agency thereof; and any county, municipality, school district, or other political subdivision or authority of the state which has contracted with the authority for services or facilities relating to the project for which revenue bonds are to be issued and sought to be validated, and such defendant shall be required to show cause, if any exists, why such contract or contracts shall not be adjudicated as a part of the basis for the security for the payment of any such revenue bonds. The revenue bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such revenue bonds and the security for the payment thereof and interest thereon and against the authority and all other defendants.

SECTION 19. Venue and jurisdiction.

Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of Murray County, Georgia, and any action pertaining to validation of any revenue bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.

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SECTION 20. Interest of bondholders protected.

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

SECTION 21. 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 22. Purpose of the authority.

Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of providing buildings, facilities, equipment, and services for the citizens of the City of Eton, Georgia, but only to the extent that any such buildings, facilities, equipment, and services constitute a project.

SECTION 23. Rates, charges, and revenues; use.

The authority is hereby authorized, with respect to projects, to prescribe and fix rates and to revise the same from time to time and to collect revenues, tolls, fees, fines, and charges for the services, facilities, and commodities furnished and, in anticipation of the collection of the revenues, to issue revenue bonds or other types of obligations as herein provided to finance, in whole or in part, the costs of the project, and to pledge to the punctual payment of said revenue bonds or other obligations all or any part of the revenues.

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SECTION 24. Rules, regulations, service policies, and
procedures for operation of projects.

It shall be the duty of the authority to prescribe or cause to be prescribed rules, regulations, service policies, and procedures for the operation of any project or projects constructed or acquired under the provisions of this Act. The authority may adopt bylaws.

SECTION 25. Tort immunity.

To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as the City of Eton, 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 City of Eton, Georgia, when in the performance of their public duties or the work of the city.

SECTION 26. Tax-exempt status of the authority.

The obligations, properties, activities, and income of the authority shall be subject to such tax exemptions as may be provided by general law.

SECTION 27. Effect on other governments.

This Act shall not and does not in any way take from the City of Eton, Georgia, or any political subdivision or municipality the authority to own, operate, and maintain public facilities or to issue revenue bonds as provided by the Revenue Bond Law.

SECTION 28. 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 2017 Session the General Assembly of Georgia a bill to create the City of Eton Public Facilities Authority; and for other purposes.

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AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Jason Ridley, 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 Chatsworth Times, which is the official organ of Murray County, on the 22nd of February in the year 2017; 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 RIDLEY Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of March in the year 2017, Before me:

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

Approved May 3, 2017.

__________

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CITY OF CLARKSTON CLARKSTON DEVELOPMENT AUTHORITY; CREATION.

No. 134 (House Bill No. 563).

AN ACT

To create the Clarkston Development Authority; to provide a short title; to provide definitions; to provide for the powers of the authority; to provide for members of the authority; to provide a development area; to provide for revenue bonds and other obligations of the authority; to recite constitutional authority; to provide for effect on other authorities; 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 of Act.

This Act shall be known and may be cited as the "Clarkston Development Authority Act."

SECTION 2. Definitions.

(a) As used in this Act: (1) "Authority" shall mean the Clarkston Development Authority created pursuant to Section 3 of this Act. (2) "Cost of the project" or "cost of any project" shall mean and shall include: all costs of acquisition (by purchase or otherwise), demolition, funds for the creation of a revolving loan fund, construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; all costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates and the cost of preparation of any application therefor; the cost of all fixtures, machinery, equipment, furniture, and other property used in or in connection with or necessary for any project; all financing charges and loan fees and all interest on revenue bonds, notes, or other obligations of an authority which accrues or is paid prior to and during the period of construction of a project and during such additional period as the authority may reasonably determine to be necessary to place such project in operation; all costs of engineering, surveying, architectural, and

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legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; all expenses for inspection of any project; all fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; all other costs and expenses incurred relative to the issuance of any revenue bonds, notes, or other obligations for any project; all fees of any type charged by an authority in connection with any project; all expenses of or incident to determining the feasibility or practicability of any project; all costs of plans and specifications for any project; all costs of title insurance and examinations of title with respect to any project; repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; administrative expenses of the authority and such other expenses as may be necessary or incident to any project or the financing thereof or the placing of any project in operation; and a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the authority may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any revenue bonds, notes, or other obligations of the authority may be authorized. Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of proceeds of revenue bonds, notes, or other obligations issued by the authority. (3) "Development area" means the geographical area of operations of the authority as described in Section 5 of this Act. (4) "Governing body" shall mean the elected or duly appointed officials constituting the governing body of the City of Clarkston. (5) "Project" shall mean the acquisition, demolition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements located or to be located within the development area and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities in the development area. A project may be for any industrial, commercial, residential, business, office, parking, public, or other use, including the administration and operation of a revolving loan fund, provided that a majority of the members of the authority determine, by a resolution duly adopted, that the project and such use thereof would further the public purpose of this Act. (6) "Revenue bonds" or "bonds" shall mean any bonds issued by the authority that are authorized to be issued under the Constitution and laws of the State of Georgia, including refunding bonds and revenue bonds issued pursuant to Article 3 of Chapter 82 of Title 36

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of the O.C.G.A., the "Revenue Bond Law," but not including notes or other obligations of an authority.

SECTION 3. Creation and power of authority.

(a) There is created a public body corporate and politic known as the Clarkston Development Authority. (b) The authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, but without limiting the generality of the foregoing, the power to:
(1) Sue and be sued; (2) Adopt and amend a corporate seal; (3) Make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority 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, and contracts with respect to the use of projects; (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 purpose of the authority; (5) Finance, by loan, grant, lease, or otherwise, construct, demolish, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of revenue bonds, notes, or other obligations of the authority or any other funds of the authority, or from any contributions or loans by persons, corporations, partnerships (limited or general), or other entities, all of which the authority is authorized to receive and accept and use; (6) Borrow money to further or carry out its public purpose and to execute revenue bonds; notes; other obligations; leases; trust indentures; trust agreements; agreements for the sale of its revenue bonds, notes, or other obligations; 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) Issue revenue bonds, notes, or other obligations of the authority and use the proceeds thereof to pay all or any part of the cost of any project and otherwise to further or carry out the public purpose of the authority and to pay all costs of the authority incident to, or necessary and appropriate to, furthering or carrying out such purpose; (8) Make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the authority's public purpose and

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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 the services of the federal government or any agency thereof in order to further or carry out the public purpose of the authority; (10) Contract for any period not exceeding 50 years with the State of Georgia, state institutions, or any city, town, municipality, or county of the state for the use by the authority of any facilities or services of the state or any such state institution, city, town, municipality, or county or for the use by any state institution or any city, town, municipality, or county of any facilities or services of the authority, provided that such contracts shall deal with such activities and transactions as the authority and any such political subdivision with which the authority contracts are by law authorized to undertake; (11) Extend credit or make loans to any person, corporation, partnership (limited or general), or other entity for the costs of any project or any part of the costs of any project, which credit or loans may be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, or other instruments or by rentals, revenues, fees, or charges, upon such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserve funds, and, in the exercise of powers granted in connection with any project, the authority shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument of such provisions or requirements for guarantee of any obligations, insurance, construction, use, operation, maintenance, and financing of a project and such other terms and conditions as the authority may deem necessary or desirable; (12) As security for repayment of any revenue bonds, notes, or other obligations of the authority, pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority (including but not limited to real property, fixtures, personal property, and revenues or other funds) and to execute any lease; trust indenture; trust agreement; agreement for the sale of the authority's revenue bonds, notes, or other obligations; loan agreement; mortgage; deed to secure debt; trust deed; security agreement; assignment; or other agreement or instrument as may be necessary or desirable in the judgment of the authority to secure any such revenue bonds, notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument. The State of Georgia on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein waives any right it or such county, municipal corporation, political subdivision, or taxing district may have to prevent the forced sale or foreclosure of any property of the authority

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upon such default and agrees that any agreement or instrument encumbering such property may be foreclosed in accordance with law and the terms thereof; (13) Receive and use the proceeds of any tax levied by a county or municipal corporation to pay the costs of any project or for any other purpose for which the authority may use its own funds pursuant to this Act; (14) Receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (15) Use any real property, personal property, or 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 the best advantage of the authority and the public purpose thereof; (16) Acquire, accept, or retain equitable interests, security interests, or other interests in any real property, personal property, or fixtures by loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any monies loaned or credit extended by the authority; (17) Appoint, select, and employ engineers, surveyors, architects, urban or city planners, developers, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (18) Encourage and promote the improvement and revitalization of the development area and to make, contract for, or otherwise cause to be made long-range plans or proposals for the development area in cooperation with the county within which the development area is located; (19) 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 deal within its bylaws; (20) Exercise any power granted by the laws of the State of Georgia to public or private corporations which is not in conflict with the public purpose of the authority; and (21) Do all things necessary or convenient to carry out the powers conferred by this Act. (c) The powers enumerated in subsection (b) of this section are cumulative with and in addition to those enumerated elsewhere in this Act, and no such power limits or restricts any other power of the authority.

SECTION 4. Members of authority; disqualifications.

(a) The authority shall be composed of seven members as follows: (1) Two members shall be either a taxpayer residing in the City of Clarkston or a taxpayer residing in DeKalb County who owns or operates a business located within the city's downtown development area;

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(2) Two members shall be taxpayers residing in DeKalb County who possess specific experience, knowledge, or professional expertise in the field of banking, finance, real estate development, community development, or another area of expertise related to economic development; and (3) Three members shall be members of the governing authority of the City of Clarkston. (b) The members provided for in subsection (a) of this section shall be appointed as follows: (1) The mayor of the City of Clarkston shall appoint two nonelected members, one of whom shall be a taxpayer residing in the City of Clarkston or a taxpayer residing in DeKalb County who owns or operates a business located within the city's downtown development area; (2) The governing authority of the City of Clarkston shall, by a majority of a quorum, appoint two nonelected members, one of whom shall be a taxpayer residing in the City of Clarkston or a taxpayer residing in DeKalb County who owns or operates a business located within the city's downtown development area; and (3) The governing authority of the City of Clarkston shall, by a majority of a quorum, appoint three members of such governing authority who shall serve as members of the board of the authority. (c) Terms of office of members of the authority shall be for four years and until their successors are appointed and qualified, except that one of the initial members appointed by the mayor of the City of Clarkston and one of the initial members appointed by the governing authority of the City of Clarkston shall serve initial terms of office of two years and until their successors are appointed and qualified. Thereafter, terms of office of all members of the authority shall be for four years and until their successors are appointed and qualified. Any vacancy of office shall be filled in like manner as the original appointment, and the person appointed to fill such vacancy shall serve for the remainder of the unexpired term and until a successor is appointed and qualified. (d) No member of the authority shall be disqualified from serving on the authority because of any pecuniary interest in a project as defined in Section 2 of this Act, but the fact of such interest shall be disclosed by such member and recorded on the minutes of the authority. The member shall abstain from voting on any project in which he or she has such pecuniary interest. (e) The members of the authority shall elect from their membership officers to serve terms to be determined by a subsequent organizing resolution adopted by the board, and such officers shall include a chairperson, vice chairperson, and secretary-treasurer.

SECTION 5. Development area; change of boundaries.

The development area defined in this Act shall be all of that tract or parcel of land located in the City of Clarkston Georgia.

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SECTION 6. Revenue bonds.

Revenue bonds, notes, or other obligations issued by an authority shall be paid solely from the property (including but not limited to real property, fixtures, personal property, revenues, or other funds) pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds, notes, or other obligations. All revenue bonds, notes, and other obligations shall be authorized by resolution of the authority and adopted by a majority vote of the directors of the authority at a regular or special meeting. Such revenue 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 authority authorizing the issuance of such revenue bonds, notes, or other obligations shall bind the directors of the authority then in office and their successors. The authority shall have power from time to time and whenever it deems expedient to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted under this Act. The refunding bonds may be exchanged for the bonds to be refunded with such cash adjustments as may be agreed upon or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. There shall be no limitation upon the amount of revenue bonds, notes, or other obligations which the authority may issue. Any limitations with respect to interest rates or any maximum interest rate or rates found in the Revenue Bond Law (Ga. L. 1937, p. 761), as now or hereafter amended, the usury laws of the State of Georgia, or any other laws of the State of Georgia shall not apply to revenue bonds, notes, or other obligations of an authority.

SECTION 7. Provisions and obligations; limitations and procedures.

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

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(c) Issuance by an authority 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 shall be issued shall recognize and protect any prior loan agreement, mortgage, deed to secure debt, trust deed, 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 authority to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. (d) The authority shall have the power and is authorized, whenever bonds of the authority shall have been validated as provided in this Act, to issue from time to time its notes in anticipation of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The authority may issue such bond anticipation notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. Such notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the authority may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution or resolutions authorizing bonds of the authority or any issue thereof, and the authority may include in any notes any terms, covenants, or conditions which the authority is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of such notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued. (e) All bonds issued by the authority under this Act shall be issued and validated under and in accordance with the Revenue Bond Law, as heretofore and hereafter amended, except as provided in this Act, provided that notes and other obligations of the authority may, but shall not be required to, be so validated. (f) Bonds issued by an authority may be in such form, either coupon or fully registered or both, and may be subject to exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (g) Bonds shall bear a certificate of validation. The signature of the clerk of the superior court of the judicial circuit in which the issuing authority is located may be made on the certificate of validation of such bonds by facsimile or by manual execution stating the date on which such bonds were validated, and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (h) In lieu of specifying the rate or rates of interest which bonds to be issued by an authority are to bear, the notice to the district attorney or Attorney General; the notice to the public of the time, place, and date of the validation hearing; and the petition and complaint for

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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) specified in such notices and petition and complaint or that, in the event the bonds are to bear different rates of interest for different maturity dates, that 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 contained herein shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint.

SECTION 8. Purpose and declaration of need.

The revitalization and redevelopment of the development area as defined in this Act develop and promote trade, commerce, industry, and employment opportunities for the public good and general welfare and promote the general welfare of the state by creating a climate favorable to the location of new industry, trade, and commerce and the development of existing industry, trade, and commerce within the City of Clarkston and the State of Georgia. Revitalization and redevelopment of the development area by financing projects under the Act will develop and promote, for the public good and general welfare, trade, commerce, industry, and employment opportunities and will promote the general welfare of the state. It is therefore in the public interest and is vital to the public welfare of the people of Georgia, and it is declared to be the public purpose of this Act to so revitalize and redevelop the development area. No bonds, notes, or other obligations (except refunding bonds) shall be issued by the authority hereunder unless its board of directors adopts a resolution finding that the project for which such bonds, notes, or other obligations are to be issued will promote the foregoing objectives.

SECTION 9. Construction of Act.

The provisions of this Act shall be liberally construed to effect the purpose hereof. The offer, sale, or issuance of bonds, notes, or other obligations by any authority shall not be subject to regulation under Georgia laws regulating the sale of securities, as heretofore and hereafter amended. No notice, proceeding, or publication except those required by this Act shall be necessary to the performance of any act authorized by this Act nor shall any such act be subject to referendum.

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SECTION 10. Bonds, notes, and other obligations not to constitute public debt.

No bonds, notes, or other obligations of and no indebtedness incurred by the authority shall constitute an indebtedness or obligation of the State of Georgia or any county, municipal corporation, or political subdivision thereof nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or any such county, municipal corporation, or political subdivision. No holder or holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state or any county, municipal corporation, or political subdivision thereof or to enforce the payment thereof against the state or any such county, municipal corporation, or political subdivision.

SECTION 11. Constitutional authority for Act; tax exemption of authorities.

(a) This Act is enacted pursuant to Article IX, Section VI, Paragraph III of the Constitution of Georgia. (b) The obligations, properties, activities, and income of the authority shall be subject to such tax exemptions as may be provided by general law.

SECTION 12. Effect on other authorities.

This Act shall not affect any other authority now or hereafter existing under general or local constitutional amendment or general or local law.

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 2017 session of the General Assembly of Georgia a bill to create the Clarkston Development Authority; and for other purposes.

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AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Karla Drenner, Representative from District 85, 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 23rd of February in the year 2017; 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/ KARLA DRENNER Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 3rd of March, 2017, Before me:

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

Approved May 3, 2017.

__________

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF DUNWOODY HOTEL/MOTEL TAX.

No. 135 (House Bill No. 564).

AN ACT

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

SECTION 2. The enactment of this Act is subsequent to the adoption of a Resolution by the governing authority of the City of Dunwoody on February 21, 2017, 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 the City of Dunwoody:
(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 Dunwoody; 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.

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SECTION 4. This Act supersedes any prior ordinances adopted by the governing authority of the City of Dunwoody pursuant to paragraph (3) of subsection (a) of Code Section 48-13-51 of the O.C.G.A.

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 2017 session of the General Assembly of Georgia a bill to authorize the governing authority of the ++City of Dunwoody 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, Tom Taylor, Representative from District 79, 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 2nd of March in the year 2017; 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 TAYLOR 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 8th of March, 2017, Before me:

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

Approved May 3, 2017.

__________

DECATUR COUNTY MAGISTRATE COURT; LAW LIBRARY FEES.

No. 136 (House Bill No. 566).

AN ACT

To authorize the Magistrate Court of Decatur County to impose and collect county law library fees as part of the court costs in the magistrate court; to provide for practices and procedures connected therewith; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. For the purposes of providing funds for those uses specified in Code Section 36-15-7 of the Official Code of Georgia Annotated, the chief magistrate of the Magistrate Court of Decatur 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 Decatur County.

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SECTION 4. This Act shall become effective 30 days after 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 2017 session of the General Assembly of Georgia a bill to authorize the Magistrate Court of Decatur County to impose and collect county law library fees as part of the court costs in the magistrate court; 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 Post Searchlight, which is the official organ of Decatur County, on the 4th of March in the year 2017; 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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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 9th of March, 2017, Before me:

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

Approved May 3, 2017.

__________

CITY OF EUHARLEE HOMESTEAD EXEMPTION; CITY TAXES; 65 YEARS OF AGE OR OLDER; REFERENDUM.

No. 137 (House Bill No. 567).

AN ACT

To provide for a homestead exemption from City of Euharlee ad valorem taxes for municipal purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Euharlee, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" shall have the same meaning as 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.

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(b) Each resident of the City of Euharlee who is a senior citizen is granted an exemption on that person's homestead from City of Euharlee ad valorem taxes for municipal purposes in the amount of $40,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Euharlee, 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 Euharlee, 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 Euharlee, 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. 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 Euharlee, 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 lieu of and not in addition to any other homestead exemption applicable to 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, 2018.

SECTION 2. The municipal election superintendent of the City of Euharlee 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 Euharlee for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 2017, and shall issue the call and conduct that election as provided by general law. The municipal 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 Bartow County. The ballot shall have written or printed thereon the words:

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"( ) YES Shall the Act be approved which provides a homestead exemption from City ( ) NO of Euharlee ad valorem taxes for municipal purposes in the amount of
$40,000.00 of the assessed value of the homestead for residents of that city 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, 2018. 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 Euharlee. 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 2017 session of the General Assembly of Georgia a bill to provide a homestead exemption from City of Euharlee ad valorem taxes for municipal purposes in the amount of $40,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or over; to repeal conflicting laws; 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:

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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 County, on the 9th of February in the year 2017; 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

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 1st of March, 2017, Before me:

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

Approved May 3, 2017.

__________

CITY OF EUHARLEE HOMESTEAD EXEMPTION; CITY TAXES; DISABLED; INCOME LIMITATION; REFERENDUM.

No. 138 (House Bill No. 569).

AN ACT

To provide for a homestead exemption from City of Euharlee ad valorem taxes for municipal purposes in the amount of $28,000.00 of the assessed value of the homestead for residents of that city who are disabled and whose household income does not exceed $20,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Euharlee, 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 gross income from all sources, including income as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system. (b) Each resident of the City of Euharlee who is disabled is granted an exemption on that person's homestead from City of Euharlee ad valorem taxes for municipal purposes in the amount of $28,000.00 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 and all family members who also occupy and reside at such homestead, does not exceed $20,000.00 for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c)(1) In order to qualify for the exemption provided for in subsection (b) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Euharlee, 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 Euharlee, 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 Euharlee, 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 not be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be necessary to

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make application thereafter for each year and the exemption shall not continue to be allowed to such person upon failure to so comply. 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 Euharlee, 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 lieu of and not 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 on or after January 1, 2018.

SECTION 2. The municipal election superintendent of the City of Euharlee 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 Euharlee for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 2017, 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 Bartow County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a homestead exemption from City ( ) NO of Euharlee ad valorem taxes for municipal purposes in the amount of
$28,000.00 of the assessed value of the homestead for residents of that city who are disabled and whose household income does not exceed $20,000.00?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2018. 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 Euharlee. 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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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to provide for a homestead exemption from the City of Euharlee ad valorem taxes for municipal purposes in the amount of $28,000.00 of the assessed value of the homestead for residents of that city who are disabled and whose household income does not exceed $20,000.00; to repeal conflicting laws; 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 Daily Tribune News, which is the official organ of Bartow County, on the 9th of February in the year 2017; 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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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 1st of March, 2017, Before me:

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

Approved May 3, 2017.

__________

CITY OF EUHARLEE HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM.

No. 139 (House Bill No. 568).

AN ACT

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Euharlee, 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 Euharlee is granted an exemption on that person's homestead from City of Euharlee 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.

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(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 Euharlee, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Euharlee, 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 Euharlee, 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. 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 Euharlee, 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 lieu of and not 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 on or after January 1, 2018.

SECTION 2. The municipal election superintendent of the City of Euharlee 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 Euharlee for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 2017, and shall issue the call and conduct that election as provided by general law. The municipal 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 Bartow County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a homestead exemption from City ( ) NO of Euharlee 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?"
All persons desiring to vote for approval of the Act shall vote "Yes," all those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full

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force and effect on January 1, 2018. 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 Euharlee. 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 2017 session of the General Assembly of Georgia a bill to provide a homestead exemption from City of Euharlee ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of that city; to repeal conflicting laws; 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 Daily Tribune News, which is the official organ of Bartow County County, on the 9th of February in the year 2017; 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/ TREY KELLEY Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 1st of March, 2017, Before me:

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

Approved May 3, 2017.

__________

CITY OF EUHARLEE HOMESTEAD EXEMPTION; CITY TAXES; 62 YEARS OF AGE OR OLDER; INCOME LIMITATION; REFERENDUM.

No. 143 (House Bill No. 570).

AN ACT

To provide for a homestead exemption from City of Euharlee 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 62 years of age or over and whose income, 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:

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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 Euharlee, 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 62 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 Euharlee who is a senior citizen is granted an exemption on that person's homestead from City of Euharlee 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 $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 the person or person's agent files an application with the governing authority of the City of Euharlee, 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 Euharlee, 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 Euharlee, 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 not be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be necessary to make application thereafter for each year and the exemption shall not continue to be allowed to such person upon failure to so comply. 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 Euharlee, 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

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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 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, 2018.

SECTION 2. The municipal election superintendent of the City of Euharlee 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 Euharlee for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 2017, and shall issue the call and conduct that election as provided by general law. The municipal 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 Bartow County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a homestead exemption from City ( ) NO of Euharlee 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 62 years of age or over 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 those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2018. 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 Euharlee. 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 2017 session of the General Assembly of Georgia a bill to provide for a homestead exemption from the City of Euharlee 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 62 years of age or over and whose income, including retirement income, does not exceed $10,000.00; to repeal conflicting laws; 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 Daily Tribune News, which is the official organ of Bartow County, on the 9th of February in the year 2017; 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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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 1st of March, 2017, Before me:

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

Approved May 4, 2017.

__________

CHATHAM COUNTY RECORDER'S COURT; CHIEF JUDGE; DUTIES AND RESPONSIBILITIES.

No. 144 (House Bill No. 572).

AN ACT

To amend an Act providing for a chief judge of the Recorder's Court of Chatham County, approved March 31, 1987 (Ga. L. 1987, p. 5156), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 3557), so as to revise the responsibilities of the chief judge; to revise the method of selection of the chief judge; to provide for a court administrator; to provide for the hiring and discharge of same; to provide for the court administrator's responsibilities; to require the court administrator to provide a bond; to provide personnel policies and procedures of employees of the court; to authorize the adoption of rules, policies, or regulations; to provide for judges pro tempore; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for a chief judge of the Recorder's Court of Chatham County, approved March 31, 1987 (Ga. L. 1987, p. 5156), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 3557), is amended by revising Section 1 as follows:

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"SECTION 1. (a) The Recorder's Court of Chatham County, Georgia, being an independent judicatory and a constitutional court of record created by a local constitutional amendment, shall have a chief judge, who shall have the following responsibilities:
(1) Acting as the head of the court in all official functions; (2) Consulting with the court administrator in the preparation of an annual budget for the court, which shall be submitted to both the city manager of the City of Savannah and the county manager of Chatham County; (3) Submitting an annual report on the operations of the court to both the mayor and aldermen of the City of Savannah and the board of commissioners of Chatham County, including such data as may be outlined in any intergovernmental agreement or memorandum of understanding entered into between the city and the county that funds the operations of the court; (4) Advising and consulting with the city manager and county manager in the hiring and termination of the court administrator; and (5) Performing such other duties as may be required by law. (b) The chief judge of the court shall not have any authority or responsibility for the assignment of cases or caseloads. (c) The chief judge of the court shall be chosen as follows: (1) The chief judge in office on the effective date of this Act shall remain as chief judge so long as such judge remains in office; and (2) Thereafter, the chief judge shall be elected by a majority vote of all seated judges of the Recorder's Court currently holding office. In the event of a tie, the judge who has served continuously for the longest time as a judge shall be designated as the chief judge. The position of chief judge shall be elected in like manner every two years, and a judge may succeed himself or herself as chief judge. (d)(1) There shall be a court administrator of the Recorder's Court who shall be an employee of the City of Savannah and shall report to the city manager so long as the city funds at least one-half of the court's operational costs. Should the city no longer fund at least one-half of the court's operational costs, then the court administrator shall become an employee of the county and report to and be supervised by the county manager. (2) As applicable pursuant to paragraph (1) of this subsection, the city manager or the county manager shall have the administrative responsibility of vetting candidates for the position of court administrator. Such manager shall advise and consult with the chief judge on hiring and regarding the discharge of the court administrator, but the ultimate decision on whether to hire or discharge an individual for the position of the court administrator shall be made by the city manager or the county manager, as applicable. (e) The court administrator shall be responsible for: (1) Hiring, supervising, investigating, and disciplining all employees of the court other than the judges; (2) The day-to-day operations of court;

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(3) Keeping the city manager or county manager, as applicable, and all seated judges fully informed as to the operations of the court; (4) Managing the dockets of the court, assigning all cases to judges, scheduling hearings, and administering all operations of the court; (5) Maintaining such management reports as may be requested by the city manager, the county manager, or a majority of sitting judges, and submitting such reports to the requesting party; (6) Consulting with all seated judges on the preparation of an annual budget and then submitting said annual budget to both the city manager and county manager; and (7) Performing such other duties as may be assigned by the city manager or county manager, as applicable. (f) The court administrator shall be bonded in the amount of $100,000.00 in the same manner and method as the clerk of the superior court of Chatham County. The cost of the premium for the bond shall be borne by the court. (g) All employees of the court shall be employees of the City of Savannah and shall be subject to the personnel policies and procedures of the city, provided that the City of Savannah and Chatham County shall have the authority to provide by intergovernmental agreement that such employees shall be employees of Chatham County. (h) The judges of the court may adopt rules, policies, or regulations upon a majority vote of the judges seated so long as no rule, policy, or regulation adopted violates the powers and duties outlined in this Act or other law. (i) All judges pro tempore seated on the Recorder's Court bench shall be appointed by a majority vote of both the board of commissioners of Chatham County and the city council of the City of Savannah."

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 2017 session of the General Assembly of Georgia a bill to amend an Act providing for the chief judge of the Recorder's Court of Chatham County, approved March 31, 1987 (Ga. L. 1987, p. 5156), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 3557); 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:

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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 19th of January in the year 2017; 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 9th of March, 2017, Before me:

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

Approved May 4, 2017.

__________

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CITY OF JOHNS CREEK MAYOR AND COUNCIL; VACANCIES; CITY MANAGER; MAYOR PRO TEMPORE.

No. 145 (House Bill No. 574).

AN ACT

To amend an Act to incorporate the City of Johns Creek in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3503), as amended, so as to provide for vacancies on the governing authority; to provide for a city manager; to provide for a mayor pro tempore; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to incorporate the City of Johns Creek in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3503), as amended, is amended by revising subsection (b) of Section 2.12 as follows:
"(b) 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 six 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. The city council shall call for an election within 30 days of a position being vacated, and the election shall be held at the first available date allowed by state law, with a minimum of 60 days between the call for the election and the election date."

SECTION 2. Said Act is further amended by revising Section 3.23 as follows:

"SECTION 3.23. City manager; appointment, qualification, and compensation.

(a) The mayor shall appoint a city manager, subject to ratification by the city council. The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her executive and administrative qualifications with special reference to his or her educational background and actual experience in, and knowledge of, the duties of office as hereinafter prescribed.

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(b) The city manager shall be an employee at will and may be removed by an affirmative vote of a majority of the city council. (c) The mayor may suspend the city manager from duty, with pay, for a period not to exceed 45 days. Said suspension may be shortened or reversed by an affirmative vote of a majority of the city council."

SECTION 3. Said Act is further amended by revising Section 3.27 as follows:

"SECTION 3.27. Selection of mayor pro tempore.

There shall be a mayor pro tempore elected from among the councilmembers by the city council. The initial mayor pro tempore shall serve for a term expiring December 31, 2007, and successors shall serve for terms of two years. The mayor pro tempore shall continue to vote and otherwise participate as a councilmember. A vacancy in the position of mayor pro tempore resulting from the mayor pro tempore ceasing to serve as a councilmember or from any other cause shall be filled for the remainder of the unexpired term in the same manner as the original election."

SECTION 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 2017 session of the General Assembly of Georgia a bill to amend an Act to incorporate the City of Johns Creek in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3503), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Brad Raffensberger, Representative from District 50, 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 Report, which is the official organ of Fulton County, on the 6th of March in the year 2017; 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/ BRAD RAFFENSBERGER Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 9th of March, 2017, Before me:

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

Approved May 4, 2017.

__________

HABERSHAM COUNTY BOARD OF ELECTIONS AND REGISTRATION; RECONSTITUTE.

No. 146 (House Bill No. 576).

AN ACT

To reconstitute the board of elections and registration for Habersham County; to provide for the composition, powers, duties, and responsibilities of said board; to repeal the Act creating a board of elections and registration for Habersham County, approved April 20, 2011

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(Ga. L. 2011, p. 3678); 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 board of elections and registration for Habersham County. The board of elections and registration for Habersham County shall be a successor in interest to the former board of elections and registration for Habersham County created by an Act approved April 20, 2011 (Ga. L. 2011, p. 3678). The composition, powers, duties, and responsibilities of the board of elections and registration for Habersham County shall be as described in this part.

SECTION 1-2. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., the reconstituted Habersham County Board of Elections and Registration, hereinafter referred to as "the board," shall have the powers, duties, and responsibilities of the superintendent of elections of Habersham County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," and the powers, duties, and responsibilities of the board of registrars of Habersham County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 1-3. The terms "election," "elector," "political party," "primary," and "public office" shall have the same meanings as set forth in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from the text of this Act; the term "commissioners" means the board of commissioners of Habersham County; and "county" means Habersham County.

SECTION 1-4. (a) The board shall be composed of six members, five of whom shall be appointed as provided in this section and shall be electors and residents of the county at the time of appointment for at least one year prior thereto. The sixth member shall be the superintendent as provided for in Section 1-5 of this Act. (b) Two members of the board shall be nominated by the political party whose candidate for the office of Governor at the most recent election for such office received the highest number of votes cast for such office within the county. Two members of the board shall be nominated by the political party whose candidate for the office of Governor at the most recent election for such office received the second highest number of votes cast for such office within the county.

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(c) Each of the four members nominated by political parties shall be ratified by the county executive committee of the respective political party at least 30 days before the beginning of the term of office or within 30 days after the creation of a vacancy in the office and, upon such approval, the nomination shall be immediately certified by the respective appointing authorities to the clerk of the superior court of Habersham County as set forth in Section 1-7 of this Act. (d) The fifth member shall be appointed by the commissioners. (e) The initial terms of office of one appointed member from each party as set forth in subsection (b) of this section shall begin on the first day of the month following the month in which this Act is approved by the Governor or in which it becomes law without such approval and shall expire on December 31, 2020, and upon the appointment and qualification of his or her respective successors. The initial terms of office of the remaining member from each party as set forth in subsection (b) of this section shall begin on the first day of the month following the month in which this Act is approved by the Governor or in which it becomes law without such approval and shall expire on December 31, 2018, and upon the appointment and qualification of his or her respective successors. Successors to the initial members of the board shall be appointed to take office on the first day of January immediately following the expiration of such terms of office and shall serve for terms of four years each and until their successors are duly appointed and qualified. The board shall take no official action until all members have been certified to the clerk of the superior court of Habersham County.

SECTION 1-5. The superintendent and chief registrar of Habersham County, referred to in this Act as the "superintendent," shall be appointed and removed by the county manager in the same manner as county department heads. Such position shall be full-time or part-time at the discretion of the commissioners, and such person shall be paid a salary to be set by the commissioners and payable from county funds. The superintendent shall generally direct and control the administration of elections and voter registration in Habersham County. The superintendent shall serve as secretary and as an ex officio sixth member of the board without the right to vote. The superintendent shall not be an elected official.

SECTION 1-6. Each appointed member of the board shall:
(1) Serve for a term of four years and until a successor is appointed and qualified, except that initial terms of office shall be as provided in subsection (e) of Section 1-4 of this Act; (2) Be eligible to be reappointed to succeed himself or herself and shall have the right to resign at any time by giving written notice of such resignation to the commissioners and to the clerk of the superior court of Habersham County; and (3) Be subject to removal from the board at any time for cause, after prior notice and a hearing, by the judge of the superior court of Habersham County.

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SECTION 1-7. (a) The appointment of each member, except the initial members, shall be certified by the appointing authority filing an affidavit with the clerk of the superior court of Habersham County no later than 30 days preceding the date upon which such member is to take office. Such affidavit shall state the name and residence address of the person appointed and attest that such member has been duly appointed as provided in this Act. The appointment of the initial members of the board shall be certified by the appointing authority filing an affidavit with the clerk of the superior court of Habersham County immediately following that appointment, which affidavit shall state the name and residence address of the person appointed and attest that such member has been duly appointed as provided in this Act. The clerk of the superior court of Habersham County shall be notified of interim appointments and shall record and certify such appointments in the same manner as the regular appointment of members. (b) The clerk of the superior court of Habersham County shall record each certification on the minutes of the superior court of Habersham County and shall certify the name of each member to the Georgia Secretary of State and provide for the issuance of appropriate commissions to the members as provided by law for county registrars.

SECTION 1-8. In the event a vacancy occurs in the office of any member before the expiration of his or her term by reason of removal, death, resignation, or otherwise, the appointing authority which is required under Section 1-4 of this Act to make the appointment to the office upon the expiration of the term shall appoint a successor to serve the remainder of the unexpired term as provided for in Section 1-4 of this Act.

SECTION 1-9. Before entering upon the duties of their office, each member shall take substantially the same oath as required by law for county registrars and shall have the same privileges from arrest.

SECTION 1-10. (a) The board shall be empowered to exercise the following powers, duties, and responsibilities in conjunction with the superintendent:
(1) To receive and act upon all petitions presented by electors, the superintendent, or the county executive committee of a political party for the division, re-division, alteration, change, or consolidation of precincts; (2) To develop and adopt policies and procedures under the leadership of the superintendent for the conduct of temporary workers such as poll workers. Such policies and procedures shall include, but not be limited to, standard operating procedures and training requirements and procedures; (3) To meet as mandated on all election days, to inspect systematically and thoroughly the conduct of primaries and elections in the several precincts of Habersham County, and to

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make recommendations to the chairperson based on such inspections to ensure that primaries and elections are conducted honestly, efficiently, and uniformly; and (4) To attend, observe, and monitor the processing and tabulation of absentee ballot results on election day by the absentee ballot clerks so as to ensure the execution of the process in compliance with applicable law. (b) The superintendent shall be empowered with the remaining powers, duties, and responsibilities set forth in Code Section 21-2-70 of the O.C.G.A. Specifically, the superintendent shall: (1) Have sole authority, subject to policies established by the board, over the retention, termination, and discipline of employees, as well as the training of poll workers in primaries and elections; such poll workers shall be appointed by the superintendent; (2) Be authorized to employ such full-time and part-time employees, including poll workers, as may be deemed necessary by the chairperson and as approved in the annual budget adopted by the commissioners; (3) Have sole authority over the day-to-day process and activities of the office of elections and registration as stated in the job description maintained by the commissioners and the county human resources office; (4) Lead the board in making changes to precincts, polling locations, boundary lines, and intergovernmental agreements as deemed necessary, with any action or decision being determined by majority vote of a quorum of the members of the board; and (5) Be authorized to generally supervise, direct, and control the administration of the affairs of the board pursuant to law and duly adopted policies of the board.

SECTION 1-11. 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 any member's office shall be deemed vacant upon such member qualifying as a candidate for an elective public office.

SECTION 1-12. 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 from bearing any expense of conducting primaries not otherwise required by law.

SECTION 1-13. With the approval of the commissioners, the board shall be authorized to expend public funds for the purpose of preparing and distributing material solely to inform and instruct electors of the county adequately with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern.

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SECTION 1-14. (a) The board shall elect from among its membership a chairperson and a vice chairperson and shall be authorized to organize itself, determine its procedural rules and regulations, adopt bylaws, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with general law. The board shall reelect its chairperson and vice chairperson annually at its regular January meeting. (b) Actions and decisions by the board shall be by majority vote of the members of the board.

SECTION 1-15. (a) The board shall fix and establish, by appropriate resolution entered in its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold meetings in the offices of the superintendent. 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 superintendent to provide public notice of the meeting as required by law. All meetings of whatever kind of the board shall be conducted pursuant to Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. (b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written records shall be subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A., relating to inspection of public records.

SECTION 1-16. (a) The chairperson of the board shall preside over all meetings of the board and shall be the spokesperson for the board. (b) The members of the board shall receive such compensation for their services as members of the board as may be determined by the commissioners. In addition, they shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties as members of the board. (c) All amounts payable under this section shall be paid from the funds of Habersham County.

SECTION 1-17. Subject to appropriation of funds by the commissioners, the board shall be authorized to expend public funds to provide for proper and suitable administrative functions. This section shall not be construed so as to require the board to expend any funds simply because they are authorized to do so under this Act.

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PART II SECTION 2-1.

An Act to create a board of elections and registration for Habersham County and to provide for its powers and duties, approved April 20, 2011 (Ga. L. 2011, p. 3678), is hereby repealed in its entirety.

SECTION 2-2. 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 2017 session of the General Assembly of Georgia a bill to reconstitute the board of elections and registration for Habersham County; to provide for the composition, powers, duties, and responsibilities of said board; to repeal the Act creating board of elections and registration for Habersham County, approved April 20, 2011 (Ga. L. 2011, p. 3678); and for other purposes.
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 County, on the 8th of March in the year 2017; 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/ TERRY ROGERS Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 13th of March, 2017, Before me:

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

Approved May 4, 2017.

__________

CITY OF MARIETTA MAYOR AND COUNCIL; MAYOR PRO TEM AND PRESIDING OFFICER; ORGANIZATIONAL MEETINGS; BOARD OF LIGHTS AND WATERWORKS.

No. 147 (House Bill No. 577).

AN ACT

To amend an Act providing a new charter for the City of Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4561), so as to revise the provisions for the mayor pro tem and presiding officer, organizational meetings, and the board of lights and waterworks; 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 Marietta, approved March 23, 1977 (Ga. L. 1977, p. 3541), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4561), is amended by revising Section 2.7 as follows:

"Section 2.7. Mayor pro tem; presiding officer. The mayor pro tem shall be appointed at the January meeting of each year for a term of one year from the councilmembers by the mayor with the consent of a majority of the councilmembers. The mayor pro tem shall be

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clothed with all rights, powers and duties of the mayor during the absence or disability of the latter officer, except that the mayor pro tem shall not have the authority to veto any item, but shall retain the right to vote as a member of the council while discharging the duties of the mayor. If there shall be a vacancy in the office of the mayor pro tem, the majority of the councilmembers may fill the same at any regular or special meeting of the council. In the event of the death or resignation of the mayor or his or her removal from office, the mayor pro tem shall discharge the duties of the mayor until the vacancy is filled as provided in this charter. If the mayor should not appoint, with the consent of council, a mayor pro tem by January 31 of each year, the council may select the mayor pro tem by majority vote of the councilmembers. The mayor pro tem shall be paid, in addition to his or her standard council salary, a salary of $125.00 per month. The mayor shall also appoint a presiding officer with the consent of a majority of the councilmembers, and such presiding officer shall serve in the absence of the mayor and the mayor pro tem. The presiding officer shall have the same duties, authority, and term as the mayor pro tem, but shall receive no additional salary for such appointment."

SECTION 2. Said Act is further amended by revising Section 2.8 as follows:

"Section 2.8. Organizational meeting; official oath. The council shall meet for organization in January following their election prior to each year's January board of lights and waterworks meeting at a special council meeting called by the mayor. The meeting shall be for the purposes of, but not limited to, the annual appointments of mayor pro tem, members of the board of lights and waterworks, committees with chairs and vice chairs, city attorney, city clerk, municipal court judges, and prosecuting attorneys. The oath of office as administered to the councilmembers and mayor shall be 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, as well as any other oath required by O.C.G.A. Section 45-3-1, et seq.' A member shall take the oath of office prior to January 1 of the year of election. At the discretion of any individual councilmember, a councilmember may have the words 'So Help Me God' added to that member's individual oath of office."

SECTION 3. Said Act is further amended by revising Section 5.1 as follows:

"Section 5.1. Created; membership; terms, etc. (a)(1) The board of lights and waterworks, hereinafter referred to as 'board,' is declared and created a body corporate with all the powers incident to and necessary to its duties and which has the right to sue and be sued and power to make all contracts and obligations necessary to the duties that devolve upon it.

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(2) The board shall consist of: (A) The mayor of the city; (B) A member of the city council; (C) Three residents of the city; (D) One nonresident of the city who resides in Cobb County within the board's service district and who has received either electric, power, water, sewer, or telecommunications service from the board for at least one and one-half years; and (E) One member who resides in Cobb County who either: (i) Meets the qualifications set forth in subparagraph (D) of this paragraph; or (ii) Who is a business owner or employee of a business that has been, for at least one and one-half years, the recipient of electric, power, water, sewer, or telecommunications service from the board within the board's service district, but outside of the corporate limits of the city. If a business owner or employee, the business that said person owns or is employed by must continue to be a recipient of services from the board within the board's service district outside of the corporate limits of the city during the term served by such person, or such person shall immediately become ineligible to serve, and such person's seat on the board shall be deemed vacant.
(3) The clerk of the city council shall be ex officio clerk of the board, but shall not be a member of the board and shall have such duties as the board may impose upon him or her, and he or she shall be allowed such compensation as the board may fix prior to entering upon his or her duties. (4) The members of the board, except for the mayor, shall be elected by a majority vote of the council and shall each serve for a term of four years, or a shorter term as may be specified by the council at the time of the appointment, and at the end of said time, or sooner if there should be a vacancy in any one of said places, their successors shall be elected by the council for the unexpired term. The members of the board shall be paid such compensation as is set by the council. (b)(1) The councilmember that serves on the board of lights and waterworks shall be appointed and serve as provided in paragraph (2) of this subsection. (2) For the first year of the council term, the councilmember shall be appointed by the mayor, with the consent of a majority of council, each January at either a special called meeting or a regular meeting. If the mayor should not appoint, with the consent of the council, a councilmember by January 31 of any year, the councilmembers may select the council appointment from the council by majority vote at the subsequent February council meeting, regular or special called, or successive meetings until the appointment is made. Said appointment shall run through December 31 of that year. For the second, third, and fourth years of the council term, the councilmember shall be appointed by the mayor for a one-year term running January 1 through December 31, with the consent of a majority of the councilmembers, in the December regular meeting before the appointment is effective in January. If the mayor should not appoint, with the consent

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of council, a councilmember by December 31, the councilmembers may select the council appointment from the council by majority vote at the subsequent January council meeting, regular or special called, or successive meetings until the appointment is made. (c) The board of lights and waterworks shall have a chairperson, a vice chairperson, a general manager, and a clerk. The chairperson shall preside at all meetings of the board, shall set the agenda, and, together with the clerk, shall execute all documents in the name of such board. The chairperson shall have the right to participate in meetings and vote. The vice chairperson shall preside in the absence of the chairperson and otherwise perform the duties of the chairperson in the chairperson's absence or inability to perform such duties. The vice chairperson shall be elected annually by the board members from their number at the first meeting of the calendar year. The mayor of the City of Marietta shall serve ex officio as chairperson of the board with the right to participate in meetings and vote, and the clerk of the City of Marietta shall serve ex officio as clerk and secretary of the board without the right to participate in meetings and vote as determined by a majority of the board. The general manager shall be hired by the city manager of the City of Marietta and may be terminated by the city manager, either of which actions is subject to the approval of the board. The general manager shall report to and coordinate with the city manager concerning all shared departments and functions. The general manager may attend and participate in meetings of the board, but shall have no vote."

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 2017 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Marietta approved march 23, 1977 (Ga. L. 1977, p. 3541)., 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:

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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 3rd of February in the year 2017; 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/ BERT REEVES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 6th of March, 2017, Before me:

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

Approved May 4, 2017.

__________

PUTNAM COUNTY COUNTY SURVEYOR; ABOLISH ELECTED POSITION.

No. 148 (House Bill No. 580).

AN ACT

To abolish the office of elected county surveyor of Putnam 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 out 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.

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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 Putnam County is hereby abolished. The governing authority of Putnam 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 O.C.G.A. Any person elected and serving as the county surveyor of Putnam County on July 1, 2017, shall continue to serve as such until the expiration of the current term to which such person was elected and no further elections shall be held for such 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 2017 session of the General Assembly of Georgia a bill to abolish the office of elected county surveyor of Putnam 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 Eatonton Messenger, which is the official organ of Putnam County, on the 9th of March in the year 2017; 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/ TREY RHODES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 14th of March, 2017, Before me:

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

Approved May 4, 2017.

__________

TALIAFERRO COUNTY BOARD OF EDUCATION; COMPENSATION.

No. 149 (House Bill No. 581).

AN ACT

To amend an Act reconstituting the Board of Education of Taliaferro County, approved February 4, 1993 (Ga. L. 1993, p. 3643), so as to change the compensation of the members of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act reconstituting the Board of Education of Taliaferro County, approved February 4, 1993 (Ga. L. 1993, p. 3643), is amended by revising Section 6 as follows:

"Section 6. The members of the Board of Education of Taliaferro County, excluding the chairperson, shall receive $300.00 per month as compensation for their services. The

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chairperson shall receive $325.00 per month as compensation for his or her services. While meeting or traveling outside of Taliaferro County as a member of the board, the chairperson or any member of the board shall receive reimbursement for actual expenses necessarily incurred in connection therewith."

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act reconstituting the Board of Taliaferro County, approved February 4, 1993 (Ga. L. 1993, p.3643); 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 Advocate-Democrat, which is the official organ of Taliaferro County, on the 10th of March in the year 2017; 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/ TREY RHODES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 14th of March, 2017, Before me:

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

Approved May 4, 2017.

__________

MONROE COUNTY JOINT BOARD OF ELECTIONS AND REGISTRATION; CREATION.

No. 150 (House Bill No. 582).

AN ACT

To create the Joint Board of Elections and Registration of Monroe County, which shall conduct primaries and elections for Monroe County, the City of Culloden, and the City of Forsyth; to provide for its powers and duties; to provide for definitions; to provide for the composition of the board and the selection and appointment of members; to provide for the qualification, terms, and removal of members; to provide for oaths and privileges; to provide for meetings, procedures, and vacancies; to relieve certain officers of powers and duties and to provide for the transfer of functions to the newly created board; to provide for certain expenditures of public funds; to provide for certain personnel; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Pursuant to subsection (b) of Code Section 21-2-45 of the O.C.G.A., there is created the Joint Board of Elections and Registration of Monroe County, hereinafter referred to as "the board." Except as otherwise provided in this Act, the board shall have the powers, duties, and responsibilities of the election superintendent of Monroe County, the municipal election superintendents of the City of Culloden and the City of Forsyth, and the board of registrars of Monroe County, all as provided for under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 2. The terms "election," "political party," "primary," and "public office" shall have the same meanings as set forth in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from the context of this Act, and the term "commissioners" means the board of commissioners of Monroe County and "county" means Monroe County.

SECTION 3. (a) The board shall be composed of five members who shall be appointed as follows:
(1) Three members of the board shall be appointed by the Monroe County Board of Commissioners. Said members shall not be officers or members of the executive committee of any political party at the time of such members' selection or at any time during such members' terms of office as members of the board; (2) One member of the board shall be appointed by the governing authority of the City of Forsyth. Said member shall not be an officer or member of the executive committee of any political party at the time of such member's selection or at any time during such member's term of office as a member of the board; and (3) One member of the board shall be appointed by the governing authority of the City of Culloden. Said member shall not be an officer or member of the executive committee of any political party at the time of such member's selection or at any time during such member's term of office as a member of the board. (b) All appointments to the board shall be promptly certified by the appointing authority to the clerk of the Superior Court of Monroe County. (c) The initial appointees to the board shall take office on July 1, 2017. One initial appointee of Monroe County and the initial appointee from the City of Culloden shall each serve a term of office ending on June 30, 2019, and until his or her successor is duly appointed and qualified. The remaining two initial appointees from Monroe County and the initial appointee from the City of Forsyth shall each serve a term of office ending on June 30, 2021, and until his or her successor is duly appointed and qualified. Successors to each member shall thereafter be appointed by the appropriate appointing authority or authorities to serve a term of office of four years and until his or her respective successor is duly appointed and qualified.

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(d) Monroe County, the City of Forsyth, and the City of Culloden shall make appointments no more than 60 days before a vacancy occurs and no more than 60 days after a vacancy occurs.

SECTION 4. (a) No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office. (b) Members of the board must be residents of Monroe County or their respective appointing city, as appropriate, and must have been registered voters in Monroe County for a period of at least one year prior to the date of their appointment to the board.

SECTION 5. The appointing authorities shall certify the appointment of each member of the board by filing an affidavit with the clerk of the Superior Court of Monroe County not later than 15 days preceding the date upon which such members are to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each such certification on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.

SECTION 6. Each member of the board shall have the right to resign at any time by giving written notice of such resignation to the governing authority of Monroe County, the City of Culloden, or the City of Forsyth, as appropriate, and to the clerk of the superior court, and shall be subject to removal from the board by the chief judge of the Superior Court of Monroe County at any time, for cause, after notice and hearing.

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

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

SECTION 9. (a) The board shall be authorized to organize itself, elect a chairperson, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. Actions and decisions by the board shall be by majority vote of the members of the board. The board shall be responsible for the selection, appointment, and training of poll workers in primaries and elections. (b) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. Any specially called meeting shall be called by the chairperson or any member of the board. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review. (c) The board shall establish an annual budget. The budget shall be approved by Monroe County. The board's operational costs, including personnel, shall be paid by Monroe County, the City of Forsyth, and the City of Culloden as follows: Monroe County shall pay 65 percent of the annual budget; the City of Forsyth shall pay 25 percent of the annual budget; and the City of Culloden shall pay 10 percent of the annual budget.

SECTION 10. (a) At the request of the City of Culloden or the City of Forsyth, as appropriate, the board shall conduct the holding of any municipal primary or election within the City of Culloden or the City of Forsyth. Each city shall designate polling places and handle the qualifying of candidates for their respective municipal primaries and elections, unless the board is otherwise requested to handle such duties. (b) The board shall be responsible for the holding of any municipal primary or election to be conducted within the City of Culloden and the City of Forsyth, and the cost of any such election shall be paid for from the funds of such cities.

SECTION 11. (a) The election supervisor shall be a Monroe County employee. Such position shall be full time. The election supervisor shall direct and control the administration of elections and voter registration in Monroe County and, except as otherwise provided for in this Act, the holding of any municipal primary or election to be conducted within the City of Culloden and the City of Forsyth and shall supervise, direct, and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The election supervisor shall be supervised by the board and shall be subject to removal from office by

GEORGIA LAWS 2017 SESSION

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the board, with or without cause. The election supervisor shall not be a member of the board nor an elected official. The election supervisor shall be considered an employee of Monroe County and shall be entitled to the same benefits as other employees of Monroe County. (b) Subject to county approval, the board is authorized to employ additional clerical assistants as needed to carry out the duties and functions of the board. All such clerical assistants shall be considered to be employees of Monroe County and shall be entitled to the same benefits as other employees of Monroe County. (c) The election supervisor and the clerical assistants shall be under the exclusive control, direction, and supervision of the board; provided, however, that all employees of the board shall be subject to the Monroe County personnel policy and procedure manual.

SECTION 12. Compensation for the members of the board, election supervisor, clerical assistants, and other employees shall be fixed by the governing authority of Monroe County. Such compensation shall be paid from county funds and from the annual lump sum of municipal funds of the City of Culloden and the City of Forsyth as provided for in Section 9 of this Act.

SECTION 13. The governing authority of Monroe County shall provide the board with such proper and suitable offices, equipment, materials, and supplies and with such clerical assistance and other employees, which may include current employees of the board of registrars of Monroe County, as the governing authority of Monroe County deems appropriate.

SECTION 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of making initial appointments to the board only. This Act shall become fully effective on July 1, 2017. Upon this Act becoming fully effective, the superintendent of elections of Monroe County, the board of registrars of Monroe County, and, except as otherwise provided for in this Act, the municipal election superintendents of the City of Culloden and the City of Forsyth shall be relieved of all powers and duties to which the board succeeds by the provisions of this Act and shall deliver to the board all equipment, supplies, materials, books, papers, records, and facilities pertaining to such powers and duties.

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

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to create the Joint Board of Elections and Registration of Monroe County; 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 Monroe County Reporter, which is the official organ of Monroe County, on the 8th of March in the year 2017; 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/ ROBERT DICKEY Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 13th of March, 2017, Before me:

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

GEORGIA LAWS 2017 SESSION

3893

Approved May 4, 2017.

__________

OCILLA-IRWIN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY MEMBERS, TERMS, VACANCIES, AND QUORUM.

No. 151 (House Bill No. 585).

AN ACT

To amend an Act to reconstitute the Ocilla-Irwin County Industrial Development Authority, approved May 3, 2016 (Ga. L. 2016, p. 4082); to provide for members of said authority, terms, vacancies, and a quorum; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to reconstitute the Ocilla-Irwin County Industrial Development Authority, approved May 3, 2016 (Ga. L. 2016, p. 4082), is amended by revising Section 1-3 as follows:

"SECTION 1-3. The Authority shall consist of six members, who shall serve one-year terms and 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. 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."

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 2017 session of the General Assembly of Georgia a bill to amend an Act to reconstitute the Ocilla-Irwin County

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

Industrial Development Authority, approved May 3, 2016 (Ga. L. 2016, p. 4082); 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 1st of March in the year 2017; 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/ CLAY PIRKLE 155 Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 14th of March in the year 2017, Before me:

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

Approved May 4, 2017.

GEORGIA LAWS 2017 SESSION

3895

CITY OF JONESBORO NONBINDING ADVISORY REFERENDUM REGARDING HOMESTEAD EXEMPTION.

No. 152 (House Bill No. 587).

AN ACT

To provide for a nonbinding advisory referendum for the purpose of ascertaining whether the electors of the City of Jonesboro desire the governing authority of the City of Jonesboro to seek to lower the homestead exemption from all City of Jonesboro ad valorem taxes for municipal purposes over a period of time to the amount of $10,000.00 of the assessed value of the homestead for residents of that city; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; 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) It is the purpose of this Act to provide for a nonbinding advisory referendum ascertaining whether the electors of the City of Jonesboro desire the governing authority of the City of Jonesboro to seek to lower the homestead exemption from all City of Jonesboro ad valorem taxes for municipal purposes over a period of five years to the amount of $10,000.00 of the assessed value of the homestead for residents of that city. (b) It is found, determined, and declared that the holding of the nonbinding advisory referendum provided for in this Act is:
(1) In all respects for the benefit of the people of the City of Jonesboro; (2) A public purpose; and (3) An essential governmental function for which public funds may be expended.

SECTION 2. The election superintendent of the City of Jonesboro shall call and conduct a nonbinding advisory referendum election as provided in this section for the purpose of submitting a question to the electors of the City of Jonesboro to determine whether a majority of said electors desire the governing authority of the City of Jonesboro to seek to lower the homestead exemption from all City of Jonesboro ad valorem taxes for municipal purposes over a period of five years to the amount of $10,000.00 of the assessed value of the homestead for residents of that city. The nonbinding advisory referendum election shall be held on the Tuesday after the first Monday in November, 2017, and the election superintendent 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

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

a week for two weeks immediately preceding the date thereof in the official organ of the City of Jonesboro. The ballot shall have written or printed thereon the words:
"NONBINDING ADVISORY REFERENDUM ( ) YES Should the governing authority of the City of Jonesboro seek to lower the
homestead exemption from all City of Jonesboro ad valorem taxes for ( ) NO municipal purposes over a period of five years to the amount of $10,000.00
of the assessed value of the homestead for residents of that city?"
All persons desiring to vote for approval of the question shall vote "Yes," and all persons desiring to vote for rejection of the question shall vote "No." The expense of such election shall be borne by the City of Jonesboro. 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 2017 session of the General Assembly of Georgia a bill to provide for a non-binding advisory referendum for the purpose of ascertaining whether the electors of the City of Jonesboro desire the governing authority of the City of Jonesboro to seek the homestead exemption from all City of Jonesboro ad valorem taxes for municipal purposes; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Mike Glanton, Representative from District 75, 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 8th of March in the year 2017; 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

GEORGIA LAWS 2017 SESSION

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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/ MIKE GLANTON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 14th of March, 2017, Before me:

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

Approved May 4, 2017.

__________

WALTON COUNTY CORONER; COMPENSATION.

No. 153 (House Bill No. 589).

AN ACT

To amend an Act placing the compensation of the clerk of the superior court, the judge of the probate court, and the coroner of Walton County on a salary basis in lieu of a fee basis, approved February 11, 1960 (Ga. L. 1960, p. 2056), as amended, particularly by an Act approved March 18, 1986 (Ga. L. 1986, p. 3819), so as to change the compensation of the coroner; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act placing the compensation of the clerk of the superior court, the judge of the probate court, and the coroner of Walton County on a salary basis in lieu of a fee basis, approved

3898

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

February 11, 1960 (Ga. L. 1960, p. 2056), as amended, particularly by an Act approved March 18, 1986 (Ga. L. 1986, p. 3819), is amended by revising subsection (c) of Section 2 as follows:
"(c)(1) The coroner of Walton County shall be compensated in the amount of $28,470.00 per annum, to be paid in equal monthly installments from funds of Walton County, subject to the provisions of paragraphs (2) and (3) of this subsection. (2) The amount provided in paragraph (1) of this subsection shall be increased by the amount which equals 5 percent of the number of completed four-year terms of office served by the coroner after January 1, 2017, effective the first day of January following the completion of each such term of office. (3) Whenever the state employees subject to compensation plans authorized and approved in accordance with O.C.G.A. Section 45-20-4 receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount after January 1, 2017, the amount fixed in paragraph (1) of this subsection, or the amount derived by increasing said amount through the application of longevity increases pursuant to paragraph (2) of this subsection, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amount fixed in paragraph (1) of this subsection, or the amount derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The periodic changes in the amount fixed in paragraph (1) of this subsection, or the amount derived through the application of longevity increases, as authorized by this paragraph, shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amount fixed in paragraph (1) of this subsection, or the amount derived through the application of longevity increases, as authorized by this paragraph, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees becomes effective. (4) A deputy coroner who performs services in place of the coroner shall be compensated via investigation fees established in O.C.G.A. Section 45-16-27."

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

GEORGIA LAWS 2017 SESSION

3899

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act placing the compensation of the clerk of the superior court, the judge of the probate court, and the coroner of Walton County on a salary basis in lieu of a fee basis, approved February 11, 1960 (Ga. L. 1960, p. 2056), as amended, 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 5th of March in the year 2017; 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 WILLIAMSON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 13th of March, 2017, Before me:

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

3900

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

My Commission Expires December 29, 2018 [SEAL]

Approved May 4, 2017.

__________

DOWNTOWN ATHENS DEVELOPMENT AUTHORITY DEFINE DOWNTOWN ATHENS AREA.

No. 154 (House Bill No. 590).

AN ACT

To amend an Act creating the Downtown Athens Development Authority, approved March 23, 1977 (Ga. L. 1977, p. 3533), as amended, which authority was created pursuant to an amendment to the Constitution as contained in Ga. L. 1975, p. 1698, and amended by Ga. L. 1976, p. 1912, so as to define and create the Downtown Athens Area; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the Downtown Athens Development Authority, approved March 23, 1977 (Ga. L. 1977, p. 3533), as amended, which authority was created pursuant to an amendment to the Constitution as contained in Ga. L. 1975, p. 1698, and amended by Ga. L. 1976, p. 1912), is amended by revising Section 2 as follows:

"SECTION 2. The Downtown Athens Area shall consist of that area in Athens-Clarke County, Georgia, described as follows:
Beginning at the intersection of Reese Street and N. Finley Street, running thence north on N. Finley Street to its intersection with Prince Avenue, continuing across Prince Avenue, thence north on Barber Street 292 feet; running thence east on a line parallel to Prince Avenue 140 feet; running thence south on a line parallel to Barber Street 74 feet; running thence east to Child Street; running thence north on Child Street 463.38 feet; running thence east along a line parallel to Prince Avenue 250.36 feet; running thence south on a line parallel to Child Street 244 feet; running thence east on a line parallel to Prince Avenue 255.42 feet to Pulaski Street; running thence south on Pulaski Street 316.04 feet; running thence east on a line parallel to W. Dougherty Street to the intersection with N. Hull Street; running thence north along N. Hull Street to its

GEORGIA LAWS 2017 SESSION

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intersection with N. Lumpkin Street; running thence west along the southern boundary of property now owned by Athens Community Council on Aging, Inc.; running thence north along the western boundary of property now owned by Athens Community Council on Aging, Inc. to its intersection with the right-of-way of CSX Transportation Inc.; running thence easterly along the right-of-way of CSX Transportation, Inc. to College Avenue; running thence south along College Avenue to its intersection with Ware Street; running thence west along Ware Street to its dead end; running thence south 150 feet on a line parallel with College Avenue; running thence east 178.1 feet on a line running parallel with Ware Street; running thence north 149.8 feet to Ware Street; running thence east on Ware Street to its intersection with College Avenue; running thence south along College Avenue 722.04 feet; running thence east 144.01 feet on a line parallel with Hoyt Street; running thence north 71.36 feet on a line running parallel to College Avenue; running thence west on a line parallel to Hoyt Street to College Avenue; running thence north along College Avenue to a point on the north right-of-way of CSX Transportation, Inc.; running thence east along the north right-of-way of CSX Transportation, Inc., formerly known as Seaboard Cost Line Rail Road, to its intersection with Dr. Martin Luther King Jr. Parkway; running thence south along Dr. Martin Luther King, Jr. Parkway to its intersection with First Street and East Broad Street (at this point East Broad Street makes a 90 degree turn to the south); continuing thence southeast on East Broad Street to a point which is the northeastern corner of property owned by the Unified Government of Athens-Clarke County and the northwestern corner of property owned by Dorsey Tabernacle Baptist Church; running thence south along the eastern boundary of property owned by the Unified Government of Athens-Clarke County; continuing thence southwest along the southern boundary of property of the Unified Government of Athens-Clarke County and thence southeast along additional property of the Unified Government of Athens-Clarke County; running thence southwest along the property of the Unified Government of Athens-Clarke County; running thence west across the former right-of-way of the Georgia Rail Road; running thence west and then northwest along the property of the Unified Government of Athens-Clarke County to the north bank of the North Oconee River; running thence northwest along Oconee Street to its intersection with Wilkerson Street; running thence northeasterly on Wilkerson Street to the former right-of-way of the Georgia Rail Road, now property of the Unified Government of Athens-Clarke County; running thence northwesterly along such former railroad right-of-way to East Broad Street; running thence west on East Broad Street to its intersection with the former right-of-way of The Central of Georgia Rail Road; running thence southwest along property owned by The Mark At Athens, LLC to its intersection with Oconee Street; running thence south along Oconee Street to its intersection with Williams Street; running thence southwest on Williams Street to its intersection with Mitchell Street; running thence northwest along Mitchell Street to its intersection with the former right-of-way of the Central of Georgia Rail Road; thence running north along the former right-of-way of the Central of Georgia Rail Road to the southeast corner of

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

property of James Lamar Laboon, Jr.; running thence northwest 191.4 feet on a line parallel to Oconee Street; running thence south 37.9 feet on a line parallel with S. Thomas Street; running thence southwest 160 feet to S. Thomas Street; running thence northwest along S. Thomas Street to its intersection with South Street; running thence west on South Street to its intersection with South Jackson Street; running thence north on South Jackson Street to its intersection with East Broad Street; running thence west on East Broad Street to its intersection with South Lumpkin Street; running thence south on South Lumpkin Street to its intersection with Wray Street; running thence west on Wray Street to its intersection with South Hull Street; running thence north on South Hull Street to a point where the southeast corner of property of Campus Hotel, LLC intersects with S. Hull Street; running thence along the southerly boundary of Campus Hotel, LLC west and then south and then west again to its intersection with the eastern boundary line of property owned by Athens Housing Authority; running thence south on a line parallel with S. Newton Street to the south easterly corner of property of Athens Housing Authority; running thence west and then south and then west and then south again along property of Athens Housing Authority to a point where the southeastern corner of the property of Athens Housing Authority intersects with Waddell Street; running thence west along Waddell Street to its intersection with S. Newton Street; running thence north on S. Newton Street to the southwest corner of the property of the Athens Motel Company, Inc.; running thence along the southern boundary of Athens Motel Company, Inc. property to the southwesterly most corner of the property of Athens Motel Company, Inc.; running thence north 229.02 feet on a line parallel to Newton Street; running thence 40 feet west on a line parallel with W. Broad Street; running thence north 229.02 feet on a line parallel with S. Finely Street; running thence 190.5 feet west on a line parallel to Reese Street to its intersection with N. Finley Street; running thence north along N. Finley Street to the beginning point at the intersection of N. Finley Street and Reese Street."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that the tax levies provided for in this Act shall be effective beginning January 1, 2018.

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 2017 session of the General Assembly of Georgia a bill to amend an Act creating the Downtown Athens development

GEORGIA LAWS 2017 SESSION

3903

Authority, approved March 23, 1977 (Ga. L. 1977, p. 3533), as amended, which authority was created pursuant to an amendment to the Constitution as contained in Ga. L. 1975, p. 1698, and amended by Ga. L. 1976, p. 1912; and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Regina Quick, Representative from District 117, 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 Athens Banner-Herald, which is the official organ of Clarke County, on the 3rd of February in the year 2017; 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/ REGINA M. QUICK Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 15th of March, 2017, Before me:

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

Approved May 4, 2017.

3904

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF LAWRENCEVILLE NEW CHARTER.

No. 155 (House Bill No. 594).

AN ACT

To provide a new charter for the City of Lawrenceville; to provide for incorporation, boundaries, powers, and construction; to provide for a governing authority and its membership, elections, and terms; to provide for vacancies; to provide for inquiries and investigations; to provide for meetings and voting of the governing authority; to provide for powers of the mayor and city council; to provide for boards, commissions, and authorities; to provide for ordinances; to provide for a city manager, city clerk, and city attorney; to provide for employment matters; to provide for a municipal court, its judges, jurisdiction, and powers; to provide for certiorari and rules of the court; to provide for budgets; to provide for disposition of municipal property; to provide for taxes, fees, franchises, and other charges and assessments; to provide for bonds and short-term loans; to provide contract procedures; 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 repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I CREATION, INCORPORATION, POWERS
SECTION 1.01. Name.

This city and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style "City of Lawrenceville" and by that name shall have perpetual existence.

SECTION 1.02. Corporate boundaries.

(a) The boundaries of the City of Lawrenceville 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 Lawrenceville, Georgia." Photographic, typed, or other copies

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

SECTION 1.03. Powers and construction.

(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. The city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of the city. (c) The powers of the city shall include, but shall 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 penalties for the violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. To levy and to provide for 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 enumerated in Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations;

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(7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Eminent domain. The city council is empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures now or hereafter established under the general laws of this state; (9) 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; (10) Environmental protection. To protect and preserve the natural resources, environment and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of stormwater and establishment of a stormwater utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (11) 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; (12) Garbage fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal, and other sanitary service charge, fee, or, if authorized by general law, tax for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing or doing business therein benefitting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (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 powers and duties of the city and the general welfare of its citizens, on such reasonable terms and conditions as the donor or grantor may impose; (15) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (16) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other

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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 the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (17) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (18) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (19) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (20) Municipal property ownership. To acquire, 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; (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, stormwater management, gas works, electric works, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes if authorized by general law, 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 development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (26) Police and fire protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a fire-fighting agency; (27) Public hazards and removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (28) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, and playgrounds, recreational facilities,

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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 Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (29) Public opinion questions. The city council may place public opinion questions on the ballots of general and special elections and are authorized by this charter to expend public funds to conduct such nonbinding public opinion questions. (30) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (31) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (32) Public utilities and services. To grant franchises or make contracts for, or impose taxes if authorized by general law on, public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (33) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (34) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, landscape 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) Sewer fees. To levy a fee, charge, or sewer tax, if authorized by general law, 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; (36) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by

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others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items; (37) Special areas of public regulation. To regulate junk dealers and pawn shops; to regulate or prohibit 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 may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (38) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (39) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (40) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (41) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (42) Urban redevelopment. To organize and operate an urban development program; (43) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and 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 1.04. Exercise of powers.

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

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ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, LEGISLATIVE BRANCH
SECTION 2.01. City council creation; number; election.

(a) The legislative authority of the government of the City of Lawrenceville, except as otherwise specifically provided in this charter, shall be vested in a city council. (b) The city council of Lawrenceville, Georgia, shall consist of a mayor and four councilmembers. The mayor shall be a voting member. (c) General municipal elections shall be held on the Tuesday after the first Monday in November of each odd-numbered year.

SECTION 2.02. Mayor and city councilmembers; terms and qualifications for office.

(a) The mayor and city councilmembers shall serve terms of four years and their terms shall expire January 1 when the term of office of their successor begins in accordance with Section 2.09 of this charter. (b) No person elected in the general municipal election of 2012, or any election thereafter, shall serve as mayor or as city councilmember for more than 12 consecutive years. Years of service, whether by special election or appointment, prior to the first full term of four years shall not count toward the term limit set forth in this subsection. (c) Any person serving as mayor or councilmember shall be a qualified elector of the city. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the City of Lawrenceville for a continuous period of at least 12 months immediately prior to the date of the election, 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 Lawrenceville.

SECTION 2.03. Vacancy; filling of vacancies; suspensions.

(a) Except as authorized by law, elected officials shall not hold any other elected public office or hold any position of employment with the City of Lawrenceville during the term for which the officer was elected. The elective offices of the city's government shall become vacant upon the member's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or by the general laws of the State of Georgia. 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 crime of moral turpitude; or

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(3) Failing to attend one-third of the regular meetings of the council in a one-year period without being excused by the city council. (b) A vacancy in the office of mayor or city councilmember shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs less than 12 months prior to 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 subsection shall also apply to a temporary vacancy created by the suspension from office of the mayor or any city councilmember.

SECTION 2.04. Nonpartisan elections.

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

SECTION 2.05. Election votes.

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

SECTION 2.06. Applicability of general laws; qualifying; other provisions.

All 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 or otherwise provided by law. Except as otherwise provided in this charter, the city council shall, by ordinance or resolution, prescribe such rules and regulations as it deems appropriate, including but not limited to the establishment of qualifying fees, to fulfill any options and duties under Chapter 2 of Title 21 of the Official Code of Georgia Annotated, 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 city council shall be authorized to fix the compensation of the mayor and councilmembers in accordance with the provisions of Code Section 36-35-4 of the Official Code of Georgia Annotated, as may be amended from time to time.

SECTION 2.08. Inquiries and investigations.

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

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

(a) The city council shall hold an organizational meeting on the third Wednesday in December of each election year for the purpose of swearing in elected officials whose term will begin January 1 of the following year. 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 the city clerk or 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 Lawrenceville and that I will support and defend the Constitution of the United States, the Constitution of Georgia, and the charter, ordinances, and regulations of the City of Lawrenceville. 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 Lawrenceville 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 Lawrenceville to the best of my ability without fear, favor, affection, reward, or expectation thereof." (b) Following the induction of the mayor and councilmembers, the city council, by a majority vote of the councilmembers, shall elect a councilmember to be mayor pro tempore, who shall serve for a term of one year and until a successor is elected and qualified. The

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number of successive terms an individual may hold a position as mayor pro tempore shall be unlimited. (c) The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's temporary disability, suspension, or absence. If the mayor pro tempore is absent because of sickness or disqualification, any one of the remaining councilmembers, chosen by the councilmembers present, shall be clothed with all the rights and privileges of the mayor as described in this charter and shall perform the mayor's duties in the same manner as the mayor pro tempore. (d) The city council shall, at least once a month, hold regular meetings at such times and places as prescribed by ordinance. The city council may recess any regular meeting and continue such meeting to 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 shall be held on the call of either the mayor and one councilmember or two councilmembers. Notice of such special meetings shall be delivered to all councilmembers, the mayor, and the city manager personally, by registered mail, or by electronic means at least 24 hours in advance of the meeting. Such notice shall not be required if the mayor, all councilmembers, and the city manager are present when the special meeting is called. Such notice of any special meeting may be waived by the mayor, a councilmember, or the city manager in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice. The notice of such special meeting shall state what business is to be transacted at the special meeting. Only the business stated in the call shall be transacted at the special meeting.

SECTION 2.10. Quorum; voting.

(a) Three councilmembers shall constitute a quorum and shall be authorized to transact business for the city council. The mayor shall be counted toward the making of a quorum. Voting on the adoption of ordinances shall be taken by voice vote and the yeas and nays shall be recorded in the minutes, but on the request of any member there shall be a roll-call vote. In order for any ordinance, resolution, motion, or other action of the city council to be adopted, the measure must receive at least three affirmative votes and must receive the affirmative votes of a majority of those voting. The mayor 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:
(1) Adopt or amend an administrative code or establish, alter, or abolish a department, office, or agency not specified in this charter; (2) Provide for a fine or other penalty; (3) Levy taxes; (4) Grant, renew, or extend a franchise; (5) Regulate a rate for a public utility;

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(6) Authorize the borrowing of money; (7) Convey, lease, or encumber city land; (8) Regulate land use and development; or (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 a hearing if the city council passes the ordinance by majority 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 Lawrenceville as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Lawrenceville and may enforce such ordinances by imposing penalties for violation thereof.

SECTION 2.12. Powers and duties of mayor.

The mayor shall have the following powers and duties: (1) Preside at all meetings of the city council; (2) Serve as the ceremonial head of the city and as its official representative to federal, state, and local governmental bodies and officials and to be the official spokesperson for the city council and the chief advocate of city council policies; (3) Recommend to the councilmembers such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as such officer may deem expedient; (4) Administer oaths and take affidavits; (5) Execute all contracts, deeds, and other obligations of the city within a level of authorization as established by the city council; and

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(6) Vote on matters before the city council to the extent provided in subsection (a) of Section 2.10 of this charter.

SECTION 2.13. 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 mayor and city councilmembers 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 applicable state 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 any applicable law of the State of Georgia. (f) No member of a board, commission, or authority shall assume office until the member has executed and filed with the city clerk an oath obligating the member to faithfully and impartially perform the duties of the member's office, such oath to be prescribed by ordinance and administered by the mayor or a judicial officer authorized to administer oaths. (g) Any member of a board, commission, or authority may be removed from office with or without cause by a vote of three members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson 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 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 2.14. Ordinance form; procedures.

(a) Every proposed ordinance and resolution shall be introduced in writing, and the city council shall have the authority to approve, disapprove, or amend the same. After the title

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of any proposed resolution or ordinance is read at a city council meeting, it may be approved and passed at such time by the city council. (b) The 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 shall not be:
(1) Deemed or taken to be titles of such sections or as any part of the section; and (2) So deemed when any of such sections, including the catchlines, are amended or reenacted unless expressly provided to the contrary. (c) Furthermore, the article and section headings contained in this charter shall not be deemed to govern, limit, or modify or in any manner affect the scope, meaning, or intent of the provisions of any article or section hereof. (d) The city council may, by ordinance or resolution, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of an absent mayor or councilmember. Such rules may include punishment for contemptuous behavior conducted in the presence of the city council.

SECTION 2.15. 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.

SECTION 2.16. Holding other office; voting when financially interested.

(a) Elected and appointed officers of the City of Lawrenceville 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

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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 O.C.G.A. 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 his or her 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 of Lawrenceville or otherwise be employed by the City of Lawrenceville 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, other than the city attorney, shall continue in such employment upon qualifying as a candidate for nomination or election to any public office.

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No employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the city council either immediately upon election or at any time such conflict may arise.
(h)(1) Any officer or employee of the city 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.

ARTICLE III EXECUTIVE BRANCH
SECTION 3.01. City manager.

(a) The city council shall appoint an officer whose title shall be "city manager" and the city manager shall serve at the pleasure of the city council. The city manager shall not be subject to annual reappointments. 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. (b) The city manager shall be the chief executive and administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in the manager's charge by or under this charter. As the chief executive and administrative officer, the city manager shall:
(1) Appoint all and, when he or she deems it necessary for the good of the city, suspend or remove any city employees and administrative officers he or she appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings, except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager, and have the right to take part in discussion but not vote; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual budget to the city council;

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(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 such other duties as are specified in this charter or as may be required by the city council. (c) Except for the purpose of inquiries and investigations under Section 2.08 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction or supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders or supervisory direction to any such officer or employee, either publicly or privately. (d) The city manager shall not continue in such position upon qualifying as a candidate for nomination or election to any public office.

SECTION 3.02. City clerk.

The city council shall appoint a city clerk. The city clerk shall be responsible to the mayor and city council for the administration of all city affairs placed in the clerk's charge. The city clerk shall keep a journal of the proceedings of the city council, maintain in a safe place all records and documents pertaining to the affairs of the city, and perform such duties as may be required by law or ordinance or as the city council or city manager may direct. The city clerk shall not be subject to annual reappointments. The city clerk shall not continue in such position upon qualifying as a candidate for nomination or election to any public office.

SECTION 3.03. City attorney.

The city council shall appoint a city attorney together with such assistant city attorneys as may be deemed appropriate who shall serve at the pleasure of the city council. The city council shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, and other officers 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.

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SECTION 3.04. Position classification and pay plans; employment at will.

The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Said plan shall apply to all employees of the City of Lawrenceville and any of its departments, agencies, and offices. When such a 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 plan or pursuant to an amendment of said 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 Lawrenceville, which shall have jurisdiction and authority to try offenses against the laws and ordinances of the state, as permitted by law, and said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law, including ordinances of the city; to impose bench warrant and failure to appear fees; to hold contempt proceedings and to punish any person found in contempt; to punish witnesses for nonattendance and to punish also any person who may counsel, advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases and other misdemeanor cases which, under the laws of Georgia, are placed within the jurisdiction of municipal courts to the extent of, and in accordance with, the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court. In the absence or disqualification of the judge, the associate judge shall preside and shall exercise the same powers and duties as the judge when so acting.

SECTION 4.02. 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 for by ordinance. (b) No person shall be qualified or eligible to serve as a judge of the municipal court unless he or she meets the requirements provided for by general law. The judges shall be appointed by the mayor and city council in conformance with general law.

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(c) Compensation of the judges shall be fixed by ordinance. (d) Before entering on the duties of his or her office, the judge shall take an oath before the mayor or 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. (e) The judge shall serve for a term of one year and may be removed from the position as provided by general law.

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 State of Georgia, as permitted by law, the City of Lawrenceville, and for violation of said city ordinances. The municipal court may fix punishment for offenses within its jurisdiction to the fullest extent allowed by state law. (b) The municipal court shall have authority to recommend to the city council for approval a schedule of fees to defray the costs of operation. (c) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as security for appearances of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited to the judge presiding at such time and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or 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 Lawrenceville, 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, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The municipal court is specifically vested with all of the judicial jurisdiction and judicial powers throughout the entire area of the City of Lawrenceville granted by state laws generally to municipal courts, and particularly by such laws as authorize the abatement of nuisances. (h) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $500.00 or 20 days in jail. (i) The municipal court shall have authority to impose bench warrant and failure to appear fees.

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 Gwinnett County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

SECTION 4.06. Rules for court.

With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court.

ARTICLE V FINANCE SECTION 5.01. Preparation of budgets.

The city council shall provide by ordinance the procedures and requirements for the preparation and execution of an annual budget, including requirements as to the scope, content, and form of such budgets and programs.

SECTION 5.02. Sale and lease of city property.

The city council may 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

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by the city in its proprietary, governmental, or other capacity, inside or outside of the corporate boundaries of the city and wherever located.

SECTION 5.03. 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 Gwinnett County. Said ad valorem 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 5.04. Millage rate; due date; payment method.

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

SECTION 5.05. Occupation and business taxes.

The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 5.11 of this charter.

SECTION 5.06. Regulatory fees; permits.

The city council by ordinance shall have the power to require businesses or practitioners doing business within the city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 5.11 of this charter.

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SECTION 5.07. Franchises.

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

SECTION 5.08. Service charges.

The city council by ordinance shall have the power to assess and collect fees, charges, assessments, and tolls for sewers, sanitary and health services, or any other services provided or made available inside and outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 5.11 of this charter.

SECTION 5.09. 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, gutter, sewer, or other utility main and appurtenance from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 5.11 of this charter.

SECTION 5.10. Construction; other taxes and fees.

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

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SECTION 5.11. 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 5.03 through 5.10 by whatever reasonable means as are not precluded by law. Such means 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 or any other means permitted by law. Bills for ad valorem taxes on real property shall not include nontax related fees or assessments but may include fees, assessments, charges, or costs related to delinquent ad valorem property tax collections.

SECTION 5.12. Bonds.

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

SECTION 5.13. Short-term loans.

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

SECTION 5.14. Contracting procedures.

No contract with the city shall be binding on the city unless: (1) It is in writing; and (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.

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ARTICLE VI GENERAL PROVISIONS
SECTION 6.01. 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 shall from time to time require by ordinance or as may be provided by law.

SECTION 6.02. 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 6.03. 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 6.04. Pending matters.

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

SECTION 6.05. 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 6.06. Specific repealer.

An Act to provide a new charter for the City of Lawrenceville, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended, is hereby repealed.

SECTION 6.07. 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 2017 session of the General Assembly of Georgia a bill to provide a new charter for the City of Lawrenceville; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Chuck Efstration, Representative from District 104, 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 Gwinnett Daily Post, which is the official organ of Gwinnett County, on the 3rd of March in the year 2017; 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/ CHUCK EFSTRATION Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 15th of March, 2017, Before me:

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

Approved May 4, 2017.

__________

CITY OF TUCKER HOTEL/MOTEL TAX.

No. 156 (House Bill No. 596).

AN ACT

To authorize the governing authority of the City of Tucker 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 Tucker 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 by the governing authority of the City of Tucker on March 2, 2017, 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 the City of Tucker:
(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 Tucker; 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. This Act supersedes any prior ordinances adopted by the governing authority of the City of Tucker pursuant to paragraph (3) of subsection (a) of Code Section 48-13-51 of the O.C.G.A.

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 2017 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Tucker 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, 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.

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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 Champion, which is the official organ of DeKalb County, on the 9th of March in the year 2017; 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 13th of March in the year 2017, Before me:

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

Approved May 4, 2017.

__________

CITY OF TRENTON HOTEL/MOTEL TAX.

No. 157 (House Bill No. 598).

AN ACT

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

SECTION 2. The enactment of this Act is subsequent to the adoption of a Resolution by the governing authority of the City of Trenton on February 13, 2017, 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 the City of Trenton:
(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 Trenton; 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. This Act supersedes any prior ordinances adopted by the governing authority of the City of Trenton pursuant to paragraph (3) of subsection (a) of Code Section 48-13-51 of the O.C.G.A.

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

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Trenton to levy as 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 Deffenbaugh, Representative from District 1, 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 Dade County Sentinel, which is the official organ of Dade County, on the 1st of March in the year 2017; 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 DEFFENBAUGH Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 15th of March, 2017, Before me:

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

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My Commission Expires December 29, 2018 [SEAL]

Approved May 4, 2017.

__________

CITY OF HOLLY SPRINGS COMMUNITY IMPROVEMENT DISTRICTS.

No. 158 (House Bill No. 601).

AN ACT

To provide for the creation of one or more community improvement districts in the City of Holly Springs; to provide for a short title; to provide for the purposes of said districts; to provide for definitions; to provide for boards to administer said districts; to provide for appointment or election of members of said boards; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts; to provide procedures for the determination of the specifications for projects to be undertaken by the district and the manner of levying taxes, fees, and assessments with respect thereto; to provide for the debt of said districts; to provide for cooperation with local governments; to provide for powers of said districts; to provide for general obligation bonds, notes, and other obligations of said districts; to provide for the form of bonds, provisions for exchange and transfer, certificates of validation, and specification of interest rates in notice to the district attorney or the Attorney General and in notice of validation hearings; to provide for authorized contents of agreements and instruments of the boards generally; to provide for use of proceeds of sale of bonds, notes, and other instruments; to provide for subsequent issues of bonds, notes, and other obligations; to provide for construction; to provide that Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Uniform Securities Act of 2008," shall not apply to the offer, sale, or issuance of the bonds, notes, or other obligations; to provide that no notice, proceeding, publication, or referendum shall be required; to provide the procedures connected with all of the foregoing; to provide for the termination of districts under certain conditions; to provide for 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 Holly Springs Community Improvement Districts Act."

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SECTION 2. Purpose.

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

SECTION 3. Definitions.

As used in this Act, the term: (1) "Agricultural" means the growing of crops for sale or raising of animals for sale or use, including the growing of field crops, fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horse boarding facilities, and riding stables. (2) "Board" means the governing body created for the governance of each community improvement district authorized by this Act. (3) "Bonds" or "general obligation bonds" means any bonds of a district which are authorized to be issued under the Constitution and laws of Georgia, including refunding bonds but not including notes or other obligations of a district. (4) "Caucus of electors" means for each district the meeting of electors at which the elected board members of the district are elected. (5) "Cost of the project" or "cost of any project" means and includes: (A) All costs of acquisition (by purchase or otherwise), construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; (B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates and preparation of any application therefor; and the cost of all fixtures,

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machinery, equipment (including all transportation equipment and rolling stock), furniture, and other property used in or in connection with or necessary for any project; (C) All interest and other financing charges and loan fees and all interest on bonds, notes, or other obligations of a district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, and architectural and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuance of any bonds, notes, or other obligations for any projects; (G) All expenses of or incidental to determining the feasibility or practicability of any project; (H) All costs of plans and specifications for any project; (I) All costs of title insurance and examinations of title with respect to any project; (J) Repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; (K) Administrative expenses of the board and such other expenses as may be necessary or incidental to any project or the financing thereof or the placing of any project in operation; and (L) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the board may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized. (6) "District" means the geographical area designated as such by the resolution of the governing body consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body within which the district is or is to be located, or a body corporate and politic being a community improvement district created and activated pursuant hereto, as the context requires or permits. (7) "Electors" means the owners of real property used nonresidentially within the district which is then subject to taxes, fees, and assessments levied by the board, as they appear on the most recent ad valorem real property tax return records of Cherokee 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.

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(8) "Equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property," with reference to taxes, fees, and assessments levied by the board, means that the burden of the taxes, fees, and assessments shall be apportioned among the properties subject thereto based upon the values established in the most recent ad valorem tax reassessment of such properties certified by the chairperson of the Cherokee County Board of Tax Assessors or may be apportioned among the properties subject thereto in direct or approximate proportion to the receipt of services or benefits derived from the improvements or other activities for which the taxes, fees, or assessments are to be expended or may be apportioned in any other manner or combination of manners deemed equitable by the board, including, but not limited to, the recognition of differential benefits which may reasonably be expected to accrue to new land development in contrast to lands and improvements already in existence at the time of creation of the community improvement district. (9) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree-farming operation. Such 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) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements located or to be located within the district or in another community improvement district immediately adjoining the district as to directly benefit the district, such benefit to be determined by the board, and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, for all the essential public purposes set forth in Section 2 of this Act so long as the project is described in the project specifications for the district. (11) "Project specifications" means a description of the project or projects to be undertaken by the district. Such term shall include the rates for taxes, fees, and assessments that the district may levy. Such term may also include as a matter of election any or all of the following:
(A) The maximum amounts that may be raised for any annual period by taxes, fees, and assessments; (B) The maximum period of time during which such taxes, fees, and assessments may be levied; and (C) A method for the equitable apportionment of such taxes, fees, and assessments. (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

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of Cherokee County within the district as certified by the Cherokee County Tax Commissioner. Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole. (13) "Property used nonresidentially" means property or any portion thereof used for neighborhood shopping, planned shopping center, general commercial, transient lodging facilities, tourist services, office or institutional, office services, light industry, heavy industry, central business district, parking, or other commercial or business use, as well as vacant land zoned or approved for any of the uses listed in this paragraph which does not include residential. (14) "Residential" means a specific work or improvement undertaken primarily to provide single-family or multifamily dwelling accommodations for persons and families and such community facilities as may be incidental or appurtenant thereto. (15) "Taxpayer" means any entity or person paying ad valorem taxes on real property, whether on one or more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole.

SECTION 4. Creation.

(a) Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created one or more community improvement districts to be located in the City of Holly Springs, wholly within the incorporated area thereof, each of which shall be activated upon compliance with the conditions provided in this Act and which shall be governed by a board as constituted pursuant to this Act. The conditions for such activation shall be:
(1) The delivery of a petition by any taxpayer containing the project specifications for the proposed district to the governing body of the City of Holly Springs; (2) The adoption of a resolution consenting to the creation of each community improvement district by the governing body of the City of Holly Springs which states that the district is created pursuant to this Act and to the project specifications; (3) Written consent to the creation of the community improvement district and the project specifications by:
(A) A majority of the owners of real property within the district which will be subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property within the district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board, and for this purpose value shall be determined by the most recent approved county ad valorem tax digest; and (4) If the proposed district is to lie in an area wholly or partially coexistent with one or more community improvement districts, then the board of the newly created district and the board of the preexisting district or districts shall have entered into a cooperative

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agreement whereby the collection of taxes and the provision of services in the overlapping areas of such districts shall be specified. (b) The written consents provided for in paragraph (3) of subsection (a) of this section and the cooperative agreement, if required, provided for in paragraph (4) of subsection (a) of this section shall be submitted to the Cherokee County Tax Commissioner, who shall certify whether paragraphs (3) and (4) of subsection (a) of this section, as applicable, have been satisfied with respect to each such proposed district. (c) No district or board created under this Act shall transact any business or exercise any powers under this Act until the foregoing conditions of this section are met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of all districts activated under this Act, and a second copy shall be filed with the Department of Community Affairs. (d) The project specifications may be amended, changed, or expanded from time to time, but not so as to reduce taxes, fees, and assessments pledged to holders of bonds or other indebtedness of the district without such holders' written consent, by the adoption, certification, and filing of a resolution and written consents as described in paragraphs (2) and (3) of subsection (a) of this section.

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

(a) Each district created pursuant to this Act shall be administered by a board composed of five members to be appointed and elected as provided in this section. Two board members shall be appointed by the governing body of the City of Holly Springs and the remaining board members shall be elected by the electors. The appointed board members shall serve at the pleasure of the governing body of the City of Holly Springs. The initial elected board members shall serve for terms of office as follows: one shall serve for two years, and the remaining board members shall serve for four years. Thereafter, all terms of office shall be four years, except the appointed members who serve at the pleasure of the governing body of the City of Holly Springs. (b) The initial board members to be elected by the electors as provided in subsection (a) of this section shall be elected in a caucus of electors, which shall be held within 90 days after the adoption of the resolutions and obtaining the written consents provided for in this Act at such time and place within the district as the governing body of the City of Holly Springs shall designate after notice thereof shall have been given to said electors by publishing such notice in the legal organ of Cherokee County as provided in this Act and by contacting each elector by United States mail at the address indicated in the property tax rolls. The mayor of the City of Holly Springs or the mayor's designee shall convene the initial caucus of electors. A quorum of any such caucus shall consist of those electors present, and a majority of those present and voting is necessary to elect board members. No proxy votes may be cast. Thereafter, there shall be conducted biennially, not later than 60 days following the last

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day for filing ad valorem real property tax returns in Cherokee County, a caucus of said electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those positions which have terms expiring or that are vacant. If a vacancy occurs in an elected position on the board, the board shall, within 60 days thereafter, call a special election to fill the same to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. For any election held under the provisions of this Act, notice of such election shall be given to the electors by:
(1) Publishing notice thereof in the legal organ of Cherokee County on four dates at least 45 days, 31 days, 17 days, and ten days, respectively, prior to such election; and (2) Contacting each elector at least 31 days prior to such election by United States mail at the address indicated in the property tax rolls. (c) One board member shall be elected by majority vote of the electors present and voting at the caucus on the basis of one vote for each elector. Such board member shall be elected to a term of office of two years at the initial caucus of electors when the board is first formed and to terms of office of four years thereafter. Two board members shall be elected by majority of the votes cast by the electors present and voting at the caucus, with each elector having one vote for each $1,000.00 (or fraction thereof) in assessed value of the property owned by the elector subject to taxes, fees, or assessments levied by the board. All vacancies to be filled through election shall be filled by majority vote in the same manner as the board member previously holding the seat. (d) The elected board members shall be subject to recall as any other elected public official by the electors. (e) Board members elected by the electors shall be electors within the district. If such board member ceases to be an elector, such board member's position shall be declared vacant as of the date of the event terminating such status. (f) The board members shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. They shall elect one of their members as chairperson and another as vice chairperson and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may, but need not be, a member of the board.

SECTION 6. Taxes, fees, and assessments.

(a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia and all property used for residential, agricultural, or forestry purposes and specifically excluding tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2 1/2 percent of the aggregate assessed value of all such real property; provided, however, that no tax, fee,

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or assessment so levied shall exceed any lesser limitation designated in the project specifications and that no tax, fee, or assessment shall be levied beyond any time limitation designated as provided in the project specifications. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of density of development within the applicable district and not for the purpose of providing those governmental services and facilities to the county or municipality as a whole. Any tax, fee, or assessment so levied shall be collected by the City of Holly Springs in the same manner as taxes, fees, and assessments are levied by the city. Delinquent taxes shall bear the same interest and penalties as city ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 1 percent thereof, but not more than $25,000.00 in any one calendar year, shall be transmitted by the City of Holly Springs to the board and shall be expended by the board only for the purposes authorized by this Act. (b) The board shall levy the taxes, fees, and assessments provided for in subsection (a) of this section subsequent to the report of the assessed taxable values for the current calendar year and shall notify in writing the collecting governing body so it may include the levy on its regular ad valorem tax bills. (c) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear its tax millage then extant upon such event for bonded indebtedness of the district then outstanding until the bonded indebtedness then outstanding is paid or refunded.

SECTION 7. Boundaries of the districts.

(a) The boundaries of each district shall be designated as such by the governing body of the City of Holly Springs and shall lie wholly within the incorporated area of the City of Holly Springs as set forth in the resolutions required in Section 4 of this Act, or as may thereafter be added as provided in this Act. (b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following:
(1) Written consent of a majority of the owners of real property within the area sought to be annexed into the district and which will be subject to taxes, fees, and assessments levied by the board of the district is first obtained; (2) Written consent of owners of real property within the area sought to be annexed into the district which constitutes at least 75 percent by value of all real property within the area sought to be annexed into the district which will be subject to taxes, fees, and assessments

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levied by the board, and for this purpose value shall be determined by the most recent approved county ad valorem tax digest; (3) The adoption of a resolution consenting to the annexation by the board of the district; and (4) The adoption of a resolution consenting to the annexation by the governing body of the City of Holly Springs.

SECTION 8. Debt.

Each district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of Georgia, or any other provision of law prohibiting or restricting the borrowing of money or the creation of debt by political subdivisions of the State of Georgia, and the debt shall be backed by the full faith, credit, and taxing power of the district, but shall not be an obligation of the State of Georgia, the City of Holly Springs, or any other unit of government of the State of Georgia other than the district.

SECTION 9. Cooperation with local governments.

The services and facilities provided pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the board and the governing body of the City of Holly Springs. If the parties to the cooperation agreement so agree, the cooperation agreement may provide that such private persons as are designated by the district perform the actual construction or improvement of the services and facilities provided by the district. The provisions of this section shall in no way limit the authority of the City of Holly Springs to provide services or facilities within the district, and the City of Holly Springs shall retain full and complete authority and control over any of its facilities located within its respective areas of any district. Such control shall include, but not be limited to, the modification of, access to, and degree and type of services provided through or by facilities of the municipality. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided within the district.

SECTION 10. Powers.

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

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(2) Adopt and amend a corporate seal; (3) Make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, contracts with respect to the use of projects, and agreements with other jurisdictions or community improvement districts regarding multijurisdictional projects or services or for other cooperative endeavors to further the public purposes of the district; (4) Acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) Finance by loan, grant, lease, or otherwise and to construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of bonds, notes, or other obligations of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the board is authorized to receive, accept, and use; (6) Borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its bonds, notes, or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (7) Issue bonds, notes, or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; (8) Make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source; (9) Enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (10) Contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision of the state of any facilities or services of the district, provided that such contracts shall deal with such

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activities and transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake; (11) Whenever bonds of the district have been validated as provided in this Act, issue, from time to time, its notes in anticipation of the issuance of such bonds as validated and to renew, from time to time, any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The district may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the district may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the district or any issue thereof may contain any provisions which the district is authorized to include in any resolution or resolutions authorizing bonds of the district or any issue thereof; and the district may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of the notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued; (12) Grant, mortgage, convey, assign, or pledge its property, revenues, or taxes, fees, or assessments to be received as security for its bonds, notes, or other indebtedness and obligations; (13) Invest its funds, whether derived from the issuance of its bonds or otherwise, in such manner as it may deem prudent and appropriate, without further restriction; (14) Receive and use the proceeds of any tax levied by any county or any municipal corporation to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant to this Act; (15) Receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (16) Use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be to the best advantage of the district and the public purposes thereof; (17) Appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (18) Encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with the City of Holly Springs; (19) Adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (20) Exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; and

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(21) Do all things necessary or convenient to carry out the powers conferred by this Act. (b) The powers enumerated in this section are cumulative of and in addition to those powers enumerated elsewhere in this Act, and no such power shall limit or restrict any other power of the board.

SECTION 11. Bonds - generally.

(a) Notes or other obligations issued by a district, other than general obligation bonds, shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall constitute a general obligation of the district to the repayment of which the full faith, credit, and taxing power of the district shall be pledged, subject to the power of the district to tax only in accordance with any limitations established by the project specifications. (b) All bonds, notes, and other obligations of any district shall be authorized by resolution of its board, adopted by a majority vote of the board members at a regular or special meeting. (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times but not more than 40 years from their respective dates, shall bear interest at such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members of the district then in office and their successors. The provisions of any such resolution or resolutions shall be a contract with every holder of such bonds, notes, or other obligations, and the duties of the district, the board, and the officers of the district under any such resolution or resolutions shall be enforceable by any holder of such bonds, notes, or other obligations by mandamus or other appropriate action or proceeding at law or in equity. (d) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted by this Act. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) There shall be no limitation upon the interest rates or any maximum interest rate or rates on any bonds, notes, or other obligations of the district, and the usury laws of this state shall not apply to bonds, notes, or other obligations of these districts. (f) Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability

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provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (g) Bonds issued by a district shall be validated under and in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," or in accordance with such other successor provision governing bond validation generally as may be provided by law. Bonds shall bear a certificate of validation. The signature of the clerk of the Superior Court of Cherokee County shall be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated, and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (h) In lieu of specifying the rate or rates of interest which such bonds are to bear, and the principal amount and maturities of such bonds, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which may be fixed or may fluctuate or otherwise change from time to time, and that the principal amount will not exceed and the final maturity date will not be later than as specified in such notices, petition, and complaint, or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which may be fixed or may fluctuate or otherwise change from time to time, so specified; provided, however, that nothing in this section shall be construed as prohibiting or restricting the right of a board to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint.

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

(a) Subject to the limitations and procedures provided by this section and Section 11 of this Act, the agreements or instruments executed by a board may contain such provisions not inconsistent with law as shall be determined by such board. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted by this Act, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with this Act. (c) Issuance by a board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or obligations in connection with the same project or with any other project; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior

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loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue.

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

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

SECTION 14. Dissolution.

Any district activated under the provisions of this Act may be dissolved. So long as a district has no debt outstanding, the board of a district may terminate and dissolve the district as of a certain date, and on such date all property, rights, and obligations of the district shall devolve to the City of Holly Springs.

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 2017 session of the General Assembly of Georgia a bill to provide for the creation of one or more community improvement districts in the City of Holly Springs; and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Scot Turner, Representative from District 21, 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 Cherokee Tribune, which is the official organ of Cherokee County, on the 10th of March in the year 2017; 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/ SCOT TURNER Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 15th of March in the year 2017, Before me:

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

Approved May 4, 2017.

__________

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FULTON COUNTY STATE COURT; JUDGES; COMPENSATION.

No. 159 (House Bill No. 603).

AN ACT

To amend an Act to provide for the compensation of the judges of the State Court of Fulton County, the judges of the Juvenile Court of Fulton County, and the judge of the Probate Court of Fulton County, approved April 19, 2000 (Ga. L. 2000, p. 3904), so as to modify the compensation of the judges of the State Court of Fulton County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide for the compensation of the judges of the State Court of Fulton County, the judges of the Juvenile Court of Fulton County, and the judge of the Probate Court of Fulton County, approved April 19, 2000 (Ga. L. 2000, p. 3904), is amended by revising Section 1 as follows:

"SECTION 1. (a) Each of the judges of the Juvenile Court of Fulton County and the judge of the Probate Court of Fulton County shall be paid an annual salary equal to 90 percent of the total of the state salary plus the county supplement now or hereafter paid to a judge of the Superior Court of Fulton County. Such salaries shall be paid in equal monthly installments from the funds of Fulton County. This section shall not affect, reduce, or repeal any sum payable in addition to compensation as provided by local law to the chief judge of the State Court of Fulton County for performing the duties of chief judge. (b) Each of the judges of the State Court of Fulton County shall be paid an annual salary equal to 95 percent of the total of the state salary plus the county supplement now or hereafter paid to a judge of the Superior Court of Fulton County. Such salaries shall be paid in equal monthly installments from the funds of Fulton County. This section shall not affect, reduce, or repeal any sum payable in addition to compensation as provided by local law to the chief judge of the State Court of Fulton County for performing the duties of chief judge."

SECTION 2. This Act shall become effective on January 1, 2018.

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 2017 session of the General Assembly of Georgia a bill to amend an Act to provide for the compensation of the judges of the State Court of Fulton County, the judges of the Juvenile Court of Fulton County, and the judge of the Probate Court of Fulton County, approved April 19, 2000 (Ga. L 2000, p. 3904); and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Wendell Willard, Representative 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 Daily Report, which is the official organ of Fulton County, on the 9th of March in the year 2017; 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/ WENDELL K. WILLARD Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 13th of March, 2017, Before me:

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

3950

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

My Commission Expires December 29, 2018 [SEAL]

Approved May 4, 2017.

__________

CITY OF ALPHARETTA MAYOR AND COUNCIL; TERM LIMITS.

No. 160 (House Bill No. 608).

AN ACT

To amend an Act to amend, consolidate, create, revise, and supersede the several Acts incorporating the City of Alpharetta, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, so as to implement term limits for members of the city's 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 amend, consolidate, create, revise, and supersede the several Acts incorporating the City of Alpharetta, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, is amended by redesignating as subsection (a) the existing text of Section 2.11 and adding two new subsections to read as follows:
"(b) No councilmember elected and qualified for three consecutive terms shall be eligible for the succeeding term. (c) No mayor elected and qualified for two consecutive terms shall be eligible for the succeeding term."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act to amend, consolidate, create, revise, and supersede the several Acts incorporating the City of Alpharetta, approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended; and for other purposes.

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AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Chuck Martin, Representative from District 49, 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 14th of March in the year 2017; 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/ CHARLES E. MARTIN, JR. Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 20th of March, 2017, Before me:

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

Approved May 4, 2017.

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3952

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF ACWORTH CORPORATE LIMITS.

No. 161 (House Bill No. 609).

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, 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, 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 February 2, 2017, 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, 2018, 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 OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 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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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 17th of February in the year 2017; 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 20th of March, 2017, Before me:

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

Approved May 4, 2017.

__________

3954

LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

ALBANY-DOUGHERTY COUNTY INNER CITY AUTHORITY RECONSTITUTE.

No. 162 (House Bill No. 611).

AN ACT

To amend an Act creating the Albany-Dougherty Inner City Authority, approved March 30, 1977 (Ga. L. 1977, p. 4220), as amended, so as to provide a short title; to provide definitions; to provide for the existence and membership of the authority; to provide for officers; to provide for conflicts of interest; to provide for powers of the authority; to provide for revenue bonds; to provide for rules, regulations, and other procedures; to provide for immunity; to provide for tax exemptions; to provide that authority property is not subject to levy and sale; to provide for the Act's effect on other governments; to provide for earnings and dissolution; to provide for construction; 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 Albany-Dougherty Inner City Authority, approved March 30, 1977 (Ga. L. 1977, p. 4220), as amended, is amended by substituting the following for Sections 1 through 22:

"Section 1. Short title. This Act shall be known and may be cited as the 'Albany-Dougherty Inner City Authority Act.'

Section 2. Definitions. As used in this Act, the term: (1) 'Act' means this Albany-Dougherty Inner City Authority Act. (2) 'Authority' means the Albany-Dougherty Inner City Authority continued by this Act. (3) 'City' means the City of Albany, Georgia, or its successor. (4) 'City commission' means the governing body of the City of Albany, Georgia. (5) 'Costs of the project' or 'cost of any project' means and includes all costs of acquisition (by purchase or otherwise), construction, installation, modification, renovation, or rehabilitation of any project or any part of any project; all costs of real or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including 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, furniture, and other property used in or in

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connection with or necessary for any project; all financing charges and loan fees and all interest which accrues or is paid prior to and during the period of construction of a project and for one year after the completion of construction thereof; all costs of engineering, architectural, and legal services and all expenses incurred by engineers, architects, and attorneys in connection with any project; all inspection expenses; all fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument, all expenses incurred by any such fiscal agents, paying agents, and trustees, and all other costs and expenses incurred relative to the issuance of any revenue bonds, notes, or other obligations for any project; all costs permitted under this Act; all expenses incident to determining the feasibility or practicability of any project; all costs of plans and specifications for any project; all costs of title insurance and examinations of title; repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon and other expenses of such loans; administrative expenses of the authority and such other expenses as may be necessary or incident to any project or the financing thereof or the placing of any project in operation; and a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the authority may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument pursuant to the provisions of which the issuance of any revenue bonds, notes, or other obligations of the authority may be authorized. Entertainment or promotional expenses shall not constitute part of the cost of any project. (6) 'County' means Dougherty County, Georgia, or its successor. Such term includes the entirety of incorporated and unincorporated Dougherty County. (7) 'Prior Acts' means Ga. L. 1977, p. 4220, amended by Ga. L. 1980, p. 3184, approved March 18, 1980, and Ga. L. 1981, p. 4688, approved April 9, 1981. (8) 'Private person' means any natural person or any legal entity, other than a public body, whether operated for profit or not for profit. (9) 'Project' means any undertaking permitted by the Revenue Bond Law. (10) 'Public bodies' means and includes the United States of America, its territories and possessions, and any federal agency, department, or authority or any branch of its armed services; the state and any department, district, agency, board, bureau, authority, or instrumentality of the state, including, without limitation, the Board of Regents of the University System of Georgia and the Technical College System of Georgia; the city and the county, and any other county, political subdivision, or municipal corporation of the state; and any school district or other district, or other local government, and any other local authority or other local public corporation or entity within the state. Such term includes, without limitation, any agency as defined in Code Section 50-14-1(a)(1) of the O.C.G.A., except nonprofit organizations referred to in Code Section 50-14-1(a)(1)(E) of the O.C.G.A.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(11) 'Revenue Bond Law' means Article 3 of Chapter 82 of Title 36 of the O.C.G.A., as now or hereafter amended. (12) 'Revenue bonds' means revenue bonds authorized to be issued pursuant to this Act. (13) 'State' means the State of Georgia.

Section 3. Albany-Dougherty Inner City Authority. (a) By this Act there is continued without interruption, in accordance with its provisions, a public body corporate and politic known as the Albany-Dougherty Inner City Authority, which shall be deemed to be an instrumentality of the state and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. (b) The authority shall have perpetual existence. (c) Without limiting the generality of any provision of this Act, the public purpose of the authority is declared to be that of financing and providing capital projects and services for or benefitting the citizens of the city or the county. Said public purpose also includes, but is not limited to, exercising all powers that at the time have been legally delegated to the authority by the city or the county pursuant to and subject to Chapter 44 of Title 36 of the O.C.G.A., the 'Redevelopment Powers Law,' as now or hereafter amended. Any provision hereof to the contrary notwithstanding, the authority shall have and may exercise all such powers so long as any such delegation is in effect. (d) The authority shall consist of the mayor of the city, who shall be a nonvoting ex officio member, and seven members who shall be appointed by the city commission for terms of two years each. (e) The initial members to serve under this Act shall consist of those persons now in office: the present mayor of the city and the seven members who have been appointed by the city commission for terms of two years each. The current terms of office of all members other than the mayor shall expire in accordance with the terms of such appointments prior to the effective date of this Act. (f) All members shall be eligible to succeed themselves and shall continue to serve until their successors have been appointed and qualified, except that the mayor's term shall be coextensive with his or her term of office as mayor. (g) All vacancies which shall occur prior to the end of a member's term shall be filled by the city commission for the unexpired portion of the term. (h) The authority shall elect one of its members as chairperson and one as vice-chairperson and shall elect a secretary-treasurer who may, but need not necessarily, be a member of the authority. (i) Four members of the authority shall constitute a quorum for the transaction of the ordinary business of the authority; provided, however, that any resolution of the authority authorizing the issuance of revenue bonds, notes, or other obligations for any project of the authority must be approved by a majority vote of the members of the authority.

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(j) The members of the authority shall not be entitled to compensation for their services, but may be reimbursed by the authority for their actual expenses properly incurred in the performance of their duties. (k) The authority shall make rules and regulations as set forth in Section 6 of this Act. (l) The members of the authority shall be accountable in all respects as trustees, and the authority shall keep suitable books and records of all its obligations, contracts, transactions, and undertakings and of all income and receipts of every nature and all expenditures of every kind. (m) No vacancy on the authority shall impair the right of the quorum, subject to the provisions of subsection (i) of this section, to exercise all of the rights and perform all of the duties of the authority. The mayor, as an ex officio member of the authority, does not count toward a quorum. (n) The provisions of Code Section 45-10-3 of the O.C.G.A. shall apply to all members of the authority. (o) The mayor of the city and the members of the city commission may vote on transactions between the city and the authority, and the members of the authority may likewise vote on transactions between the city and the authority, and the same shall not be deemed to create any conflict of interest.

Section 4. Powers of the authority. The authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions set forth in this Act, including, but without limiting the generality of the foregoing, the power to:
(1) Sue and be sued; (2) Adopt and amend a corporate seal; (3) Make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, and contracts with respect to the use of projects which it causes to be erected or acquired, and to contract with any departments, institutions, agencies, counties, municipal corporations, political subdivisions or other public bodies of the state, including, without limitation, the Board of Regents of the University System of Georgia, and the Technical College System of Georgia, and other states, public corporations, and the United States and its departments and agencies, and with private legal entities and others upon such terms and for such purposes as the members of the authority may deem advisable; and each such political subdivision, municipal corporation, or other public body of this state shall have and hereby is given the right and power to make such contracts, and the rentals contracted to be paid by the lessee or tenants to the authority under such contract or contracts entered into pursuant to the provisions of this Act shall constitute general obligations of the political subdivision, municipal corporation, or other public body for the payment of which the full faith and credit of such political subdivision, municipal corporation, or other public body shall be, and the same hereby is pledged to provide the funds required

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

to fulfill all obligations arising under any such contract; and any such political subdivision, municipal corporation, or other public body which shall have entered into such a contract pursuant to the provisions of this Act shall annually in each and every fiscal year during the term of such contract include in a general revenue or appropriation measure, whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year by such contract until all payments required under such contract have been paid in full, and such revenues shall be and hereby are unconditionally obligated to the payment of such sums. In the event for any reason any such provision or appropriation is not made, then the fiscal officers of such political subdivision, municipal corporation, or other public body are hereby authorized and directed to set up as an appropriation on their accounts in each fiscal year the amounts required to pay the obligations called for under any such contract. The amount of the appropriation in each fiscal year to meet the obligations of such contract as authorized and required hereby shall be due and payable and shall be expended for the purpose of paying and meeting the obligations provided under the terms and conditions of such contract, and such appropriation shall have the same legal status as if the contracting political subdivision, municipal corporation, or other public body had included the amount of the appropriation in its general revenue or appropriation measure, and such fiscal officers shall make such payment to the authority if for any reason such appropriation is not otherwise made; and said political subdivision, municipal corporation, or other public body having the power of taxation shall be, and the same is hereby specifically authorized to levy taxes, without limitation as to rate or amount, and to expend tax monies of said political subdivision, municipal corporation, or other public body and any other available funds thereof, and to obligate said political subdivision, municipal corporation, or other public body to make payment thereof to the authority upon such terms as may be provided in any such contract entered into by and between the authority and said political subdivision, municipal corporation, or other public body, in order to enable the authority to pay the principal of and interest on any of its bonds as the same mature and to create and maintain a reserve for that purpose and also to enable the authority to pay the cost of maintaining, repairing, and operating the property so furnished by said authority; (4) Finance, by loan, grant, lease, construct or erect, purchase, acquire, own, repair, remodel, renovate, rehabilitate, maintain, extend, improve, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of revenue bonds, notes, or other obligations of the authority or any other funds of the authority, or from any contributions or loans by persons, corporations, partnerships, or other entities, all of which the authority is hereby authorized to receive and accept and use; (5) Accept loans and grants of money or materials or property of any kind from the United States of America, the state, or any agency, instrumentality, or political subdivision thereof, or the city or the county, upon such terms and conditions as the

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United States of America, the state, or such agency, instrumentality, or political subdivision, or the city or the county, may require; (6) Receive and administer gifts, grants, and devises of any property and to administer trusts; (7) Acquire by purchase, gift, or donation any real or personal property desired to be acquired as a 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; (8) 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; (9) Mortgage, convey, pledge, or assign any properties, revenues, income, tolls, charges, or fees owned or received by the authority; (10) Issue revenue bonds, notes, or other obligations of the authority and use the proceeds thereof for the purpose of paying, or lending the proceeds thereof to pay, all or any part of the cost of any project or otherwise to further or carry out the public purpose of the authority and to pay all costs of the authority incident to, or necessary and appropriate to, furthering or carrying out such purposes; (11) Appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants, and employees and to provide their compensation and duties; (12) Acquire by purchase, gift, or lease any property owned by a political subdivision or municipal or public corporation which has been acquired or damaged through the exercise of the right of eminent domain by said political subdivision or municipal or public corporation; (13) 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 bonds of the authority or from any contribution or loans by persons, firms, or corporations, or any other contribution or source, all of which the authority is hereby authorized to receive and accept and use; (14) Borrow money to further or carry out its public purpose and to execute revenue bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other instruments as may be necessary or desirable, in the judgment of the authority, to evidence and secure such borrowing; (15) Have and to exercise any and all of the usual powers of private and public corporations which are not in conflict with the Constitution and the laws of the state; (16) Accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the state or any of its political subdivisions may be invested; (17) Designate officers to sign and act for the authority generally or in any specific matter;

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(18) Extend credit or make loans to any person, corporation, partnership, or other entity, public or private, provided, in the case of a private person, that the authority determines that the same would promote the public purposes of the Act, for the costs of any project or any part of the costs of any project, which credit or loans shall be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other instruments, or by rentals, revenues, fees, or charges, upon such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserves and insurance funds, and, in the exercise of powers granted by this paragraph in connection with any project, the authority shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument of such provisions for guaranty, insurance, construction, use, operation, maintenance, and financing of a project, and such other terms and conditions as the authority may deem necessary or desirable; (19) As security for repayment of any revenue bonds, notes, or other obligations of the authority, pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property, real or personal, of the authority and to execute any lease, trust indenture, trust agreement, agreement for the sale of the authority's revenue bonds, notes, or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument as may be necessary or desirable, in the judgment of the authority, to secure any such revenue bonds, notes, or other obligations, which instrument may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal or interest or in the performance of any term or condition contained in any such instrument; (20) Incur short-term debt and to approve, execute, and deliver appropriate evidence of any such indebtedness and to enter into interest rate swaps, forward purchase agreements, repurchase agreements, and other similar agreements; (21) Sell or assign its rights under its contracts, lease agreements, or installment sale agreements or its right to receive payments thereunder, either directly or through trust or custodial arrangements whereby interests are created in such contracts, lease agreements, or installment sale agreements or the payments to be received thereunder through the issuance of trust certificates, certificates of participation, custodial receipts, or other similar instruments; and (22) Take any and all actions necessary or convenient to accomplish or to complement the purpose and powers of the authority as herein stated.

Section 5. Revenue bonds. (a) The authority, or any entity or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have power and is hereby authorized to provide by resolution for the

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issuance of revenue bonds by the authority for the purpose of paying all or any part of the costs of the project and for the purpose of refunding revenue bonds or other obligations previously issued. The principal of and interest on such revenue bonds shall be payable solely from the special fund hereby provided for such payment. The revenue bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution for the issuance of such revenue bonds. (b) The authority shall determine the form of the revenue bonds and shall fix the denomination or denominations of such revenue bonds. The revenue bonds may be issued in registered form, and provision may be made for registration and exchangeability privileges. The authority shall fix the place or places of payment of principal and interest thereon. (c) All revenue bonds shall bear the manual or facsimile signature of the chairperson or vice-chairperson of the authority and the attesting manual or facsimile signature of the secretary-treasurer of the authority, and the official seal of the authority shall be impressed or imprinted thereon. Any revenue bonds may bear the manual or facsimile signature of such persons as at the actual time of the execution of such revenue bonds shall be duly authorized or hold the proper office, although at the date of issuance of such revenue bonds such person may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any revenue bond shall cease to be such officer before the delivery of such revenue bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if that person had remained in office until such delivery. (d) All revenue bonds shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of the state. All revenue bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state. (e) The authority shall be exempt from taxation as provided in Section 8 of this Act. (f) The authority may sell revenue bonds in such manner and for such price as it may determine to be in the best interest of the authority. The proceeds derived from the sale of revenue bonds shall be used solely for the purpose or purposes provided in the resolutions and proceedings authorizing the issuance of such revenue bonds. (g) Prior to the preparation of any definitive revenue bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary revenue bonds, exchangeable for definitive revenue bonds upon the issuance of the latter. (h) The authority may provide for the replacement of any revenue bonds which shall become mutilated or be destroyed or lost. (i) The authority shall adopt a resolution authorizing the issuance of the revenue bonds. Any resolution providing for the issuance of revenue bonds under the provisions of this Act

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shall become effective immediately upon its passage. Any such resolution may be passed by a majority of the authority's members at any regular or special meeting. (j) Revenue bonds shall not be deemed to constitute a debt of the city or county nor a pledge of the faith and credit of the city or county, but such revenue bonds shall be payable solely from the fund hereinafter provided for. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the city or county to levy or to pledge any form of taxation whatsoever for payment of such revenue bonds or to make any appropriation for their payment, and all such revenue bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the authority and any political subdivision, municipal corporation, or other public body, including, without limitation, the county and the city, to enter into an intergovernmental contract pursuant to which the political subdivision, municipal corporation, or other public body agrees to pay amounts sufficient to pay operating charges and other costs of the authority or any project including, without limitation, the principal of and interest on revenue bonds in consideration for services or facilities of the authority. (k) In the discretion of the authority, any issuance of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside the state. Either the resolution providing for the issuance of the revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition and construction of the project, the maintenance, operation, repair and insuring of the project, and the custody, safeguarding, and application of all monies. (l) In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the revenue bonds to any officer or person, or any agency, bank, or trust company, who shall act as trustee of such funds and shall hold and apply the same to the purposes thereof, subject to such regulations as this Act and such resolution or trust indenture may provide. (m) The moneys received pursuant to an intergovernmental contract and the revenues, fees, tolls, charges, and earnings derived from any particular project or projects, regardless of whether or not such revenues, fees, tolls, fines, charges, and earnings were produced by a particular project for which revenue bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the revenue bonds or in the trust indenture may provide, and such funds so pledged from whatever source received shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of the interest upon such revenue bonds as such interest shall fall due; the principal or purchase price of such revenue bonds as the

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same shall fall due; any premium upon such revenue bonds as the same shall fall due; the purchase of such revenue bonds in the open market; and the necessary charges of the paying agent for paying principal and interest. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. (n) Any holder of revenue bonds and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state, including specifically but without limitation the Revenue Bond Law, or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished. (o) Revenue bonds and the security therefor shall be confirmed and validated in accordance with the Revenue Bond Law. The petition for validation shall also make the party defendant to such action any city, municipal corporation, school district, or other political subdivision or authority of the state, or other public body, which has contracted with the authority for services or facilities relating to the project for which revenue bonds are to be issued and sought to be validated, and such defendant shall be required to show cause, if any exists, why such contract or contracts shall not be adjudicated as a part of the basis for the security for the payment of any such revenue bonds. The revenue bonds when validated and the judgment of validation shall be final and conclusive with respect to such revenue bonds and the security for the payment thereof and interest thereon, and against the defendants in such action, and as to all other questions which could and should have been asserted during the bond validation proceedings. (p) 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 Dougherty County, and any action pertaining to validation of any revenue bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. (q) While any of the revenue bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or its officers, employees, or agents, shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such revenue bonds. The provisions of this Act shall be for the benefit of the authority and the holders of any such revenue bonds.

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(r) All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. (s) The authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished, and in anticipation of the collection of the revenues, to issue revenue bonds or other types of obligations as herein provided to finance, in whole or in part, the costs of the project, and to pledge to the punctual payment of said revenue bonds or other obligations all or any part of the revenues. (t) The bonds herein authorized are hereby made securities in which all public officers and bodies of this state and all political subdivisions; all insurance companies, associations, and other persons carrying on an insurance business; all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; all administrators, guardians, executors, trustees, and other fiduciaries; and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities that may be deposited with and shall be received by all public officers and bodies of this state and all political subdivisions for any purpose for which the deposit of the bonds or other obligations of this state is now or may hereafter be authorized. (u) The offer, sale, or issuance of bonds or other obligations of the authority shall be exempt from registration to the extent provided in the Georgia Uniform Securities Act of 2008, as the same may be amended from time to time, or in any other law. (v) While any revenue bonds issued by the authority prior to the effective date of this Act remain outstanding, the powers, duties, or existence of the authority or its officers, employees, or agents shall not be diminished or impaired by this Act in any manner that will affect adversely the interests and rights of the holders of such revenue bonds. This subsection shall be for the benefit of the authority and the holders of any such revenue bonds.

Section 6. Rules, regulations, service policies, and procedures for operation of projects. It shall be the duty of the authority to prescribe or cause to be prescribed rules, regulations, service policies, and procedures for the operation of any project or projects constructed or acquired under the provisions of this Act.

Section 7. Tort immunity. To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as the city. The officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and

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negligence as the officers, agents, and employees of the city when in the performance of their public duties or work of the city.

Section 8. Tax-exempt status of authority. The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the state and not for purposes of private or corporate benefit and income, and such properties and the authority shall be exempt from taxes as may be provided by general law.

Section 9. Property not subject to levy and sale. The property of the authority shall not be subject to levy and sale under legal process except such property, revenue, income, or funds as may be pledged, assigned, mortgaged, or conveyed to secure an obligation of the authority, and any such property, revenue, funds, or income may be sold under legal process or under any power granted by the authority to enforce payment of the obligation.

Section 10. Effect on other governments. This Act shall not and does not in any way take from the city, the county, or any other political subdivision or municipality the authority to own, operate, and maintain public facilities or to issue revenue bonds as provided by the Revenue Bond Law.

Section 11. Earnings and dissolution. The earnings of the authority shall not inure to the benefit of private persons. Upon dissolution of the authority, title to all property of the authority shall revert to the city.

Section 12. Liberal construction of Act. This Act, being for the welfare of various political subdivisions and municipalities of the state and its inhabitants, shall be liberally construed to effect the purposes of this Act."

SECTION 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 2017 session of the General Assembly of Georgia a bill to amend an Act creating the Albany-Dougherty Inner City Authority, approved March 30, 1977 (Ga. L. 1977, p. 4220), as amended; and for other purposes.

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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 Albany Herald, which is the official organ of Dougherty County, on the 15th of March in the year 2017; 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

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 20th of March, 2017, Before me:

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

Approved May 4, 2017.

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NEWTON COUNTY BOARD OF EDUCATION; COMPENSATION.

No. 163 (House Bill No. 612).

AN ACT

To amend an Act providing for a new board of education for Newton County, approved March 31, 1967 (Ga. L. 1967, p. 2405), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 3586), so as to provide for the manner of changing the compensation for 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 providing for a new board of education for Newton County, approved March 31, 1967 (Ga. L. 1967, p. 2405), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 3586), is amended by revising Section 5 to read as follows:

"SECTION 5. (a) The board shall elect one of their members as chairperson to serve for a term established by resolution duly adopted by the board. The board may provide by resolution for such other officers as the board shall determine. Three members of the board shall constitute a quorum for the transaction of business. (b) All members of the board shall be compensated in the amount of $600.00 per month, and the chairperson shall be compensated in the amount of $600.00 per month. The members and the chairperson shall also receive reimbursement for actual and necessary expenses incurred in carrying out their official duties. (c) The board is authorized to fix the salary, compensation, expenses, and expenses in the nature of compensation of its members subject to the following conditions:
(1) Any increase in salary, compensation, expenses, or expenses in the nature of compensation for the members 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 increase the compensation was taken; (2) The board shall take no action to increase salary, compensation, expenses, or expenses in the nature of compensation until notice of intent to take such action 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 meeting at which the action is taken; and

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(3) Such action shall not be taken during the period of time beginning with the date that candidates for election as members of the board may first qualify as such candidates and ending with the first day of January following the date of qualification."

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 2017 session of the General Assembly of Georgia a bill to amend an Act providing for a new board of education for Newton County, approved March 31, 1967 (Ga. L. 1967, p. 2405), as amended; and for other PURPOSES.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Dave Belton, Representative from District 112, 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 12th of March in the year 2017; 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/ DAVE BELTON Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 20th of March in the year 2017, Before me:

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

Approved May 4, 2017.

__________

CITY OF POWDER SPRINGS CORPORATE LIMITS.

No. 164 (House Bill No. 614).

AN ACT

To amend an Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by an Act approved May 3, 2016 (Ga. L. 2016, p. 4200), so as to provide for annexation of certain property; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating a new charter for the City of Powder Springs, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by an Act approved May 3, 2016 (Ga. L. 2016, p. 4200), is amended by adding a new subparagraph to paragraph (2) of subsection (a) of Section 1.11 as follows:
"(C) The boundaries of this city shall also include the following tracts and parcels: (i) All property located within Springs Industrial Park Unit 1 as shown and described on plat recorded at Plat Book 139, Page 71, Cobb County, Georgia records, and being located in land lots 674 and 675, of the 19th District, 2nd Section, Cobb County, Georgia. (ii) Lots 38, 39 and the recreation open space area located in Evergreen Park as shown and recorded at Plat Book 184, Page 85. Cobb County, Georgia records, and being located in land lots 659 and 674, of the 19th District, 2nd Section, Cobb County, Georgia.

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(iii) All property located within Lucio Acres as shown and described on plat recorded at Plat Book 207 , Page 70 , Cobb County, Georgia records, and being located in land lots 671, 672 and 735, of the 19th District, 2nd Section, Cobb County, Georgia. (iv) Property located on the north of side Grady Grier Road more particularly described in the boundary survey recorded in Plat Book 114 Pg 5. (v) Property located at 3460 and 3410 Powder Springs Road, located in land lots 868 and 869, 19th District, 2nd Section, Cobb County, Georgia and being Cobb County tax parcel no. 19086800020 and 19086900040 and more particularly described in :Plat Book 145 Page 52. (vi) Property located at Powder Springs Road as shown and described on plat recorded at Plat Book 155, Page 85, Cobb County, Georgia records, and being located in land lots 833 and 870, of the 19th District, 2nd Section, and Cobb County, Georgia. (vii) Property located at Tommy Drive as shown and described on Plat recorded at Plat Book 78, Page 105, Cobb County, Georgia records, and being located in land lots 796 and 833, of the 19th District, 2nd section, Cobb County, Georgia. (viii) Property located north of Powder Springs Road as shown and described on plat recorded at Plat Book 78, Page 106, Cobb County, Georgia records, and being located in land lot 796, of the 19th district, 2nd Section, Cobb County, Georgia. (ix) Property located at 3739 and 3701 Tommy Drive and proposed roadway as shown and described on plat recorded at Plat Book 64, Page 107, Cobb County, Georgia records, and being located in land lot 796 of the 19th District, 2nd section, Cobb County, Georgia. (x) A portion of property located at 3215 New Macland Road; as shown and described on plat recorded at Plat Book 28, Page 67, Cobb County, Georgia records, and being located in land lot 725, of the 19th District, 2nd Section, Cobb County, Georgia. (xi) All property located at 4211 Macedonia Road and 3316 New Macland Road as shown and described on plat recorded in Plat Book 144, Page 95, Cobb County, Georgia records, and being located in land lot 755 of the 19th District, 2nd Section, Cobb County, Georgia. (xii) All property located on Long Street as shown and described on plat recorded at Plat Book 70, Page 36, Cobb County, Georgia records, and being located in land lot 950, of the 19th District, 2nd Section, Cobb County, Georgia and all property located within Minnie Holcomb Subdivision as shown and described on plat recorded at Plat Book 10, Page 74, Cobb County, Georgia records, and being located in land lot 949, of the 19th District, 2nd Section, Cobb County, Georgia. (xiii) The following property located at 4130 Old Austell Road as shown and described on plat recorded at Plat Book 119, Page 38, Cobb County, Georgia records, and being located in land lot 946 and 947, of the 19th District, 2nd Section, Cobb County, Georgia.

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(xiv) All property located within Unit 2 of Florence Estates Subdivision as shown and described on plat recorded at Plat Book 52, Page 97, Cobb County, Georgia records, and being located in land lot 948, of the 19th District, 2nd Section, Cobb County, Georgia. (xv) All property located on Frank Aiken and/or Old Austell Road as shown and described on plat recorded at Plat Book 0078 Page 163, Cobb County, Georgia records, and being located in land lots 946 and 979. (xvi) All property located at Spring Gate Subdivision as shown and described on plat recorded at Plat Book 101, Page 99, Cobb County, Georgia records, and being located in land lot 974, of the 19th District, 2nd Section, Cobb County, Georgia. (xvii) All property located within Allyson Park Subdivision, as shown and described on plat recorded at Plat book 32, Page 65, Cobb County, Georgia records, and being located in land lot 869 and 834, of the 19th District, 2nd Section, Cobb County, Georgia. (xviii) Property located on Powder Springs Road as shown and described on plat recorded at Plat Book 205, Page 22, Cobb County, Georgia records, and being located in land lots 868 and 869, of the 19th District, 2nd Section, Cobb County, Georgia. (xix) Property located on Old Lost Mountain Road and Country Walk Drive as shown and described on plat recorded at Plat Book 190, Page 23, Cobb County records, and being located in land lot 753, of the 19th District, 2nd Section, Cobb County, Georgia. (xx) Property located on Old Lost Mountain Road and Country Walk Drive as shown and described on plat recorded at Plat Book 187, Page 59, Cobb County records, and being located in land lot 753, of the 19th District, 2nd Section, Cobb County, Georgia. (xxi) All property located within Macland Meadows as shown and described on plat recorded at Plat Book 107, Page 002, Cobb County, Georgia records, and being located in land lot 801, of the 19th District, 2nd Section, Cobb County, Georgia. (xxii) All property located within Silver Springs II as shown and described on plat recorded at Plat Book 275, Page 667, Cobb County, Georgia records, and being located in land lots 802, 803, 826 and 827 of the 19th District, 2nd Section, Cobb County, Georgia. (xxiii) All property located within Oglesby Road subdivision as shown and described on plat recorded at Plat Book 177, Page 58, Cobb County, Georgia records, and being located in land lot 1047 of the 19th District, 2nd Section, Cobb County, Georgia. (xxiv) All property located within Cameron Springs Phase 3 as shown and described on plat recorded at Plat Book 276, Page 110, Cobb County, Georgia records, and being located in land lot 820 and 821 of the 19th District, 2nd Section, Cobb County, Georgia. (xxv) All that tract or parcel of land lying and being in Land Lots 976 , 977, 1021, 1022 and 1023 of the 19th District, 2nd Section, Cobb County, Georgia, as shown on plat of same prepared by J. B. Carey, Surveyor dated September 9, 1970, designated

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plat for William T .Beard, Lee E. Partain, Jr. , Joe A. Ballew and J . E. Roberts and being property more particularly described as follows :BEGINNING at an iron pin and corner located on the easterly side of the Lewis Road right of way at the intersection with the south land lot line of Land Lot 976; thence running northerly and northeasterly along the easterly side of the Lewis. Road right of way and following the curvature thereof for a distance of 1066.68 feet to an iron pin and corner (said courses and distances along the Lewis Road right of way are as shown on the above mentioned plat) ; thence running south 68 degrees 07 minutes east for a distance of 401.39 feet to an iron pin and corner; thence running north 3 degrees 59 minutes east for a distance of 602.1 feet to an iron pin and corner; thence running north 77 degrees 03 minutes east for a distance of 155.14 feet to an iron pin and corner; thence running south 28 degrees 46 minutes west along the westerly side of the Southern Railroad right of way for a distance of 3005 . 63 feet to an iron pin and corner at the intersection of the westerly side of the Southern Railroad right of way with the southern land lot line of. Land Lot 1021; thence running north 88 degrees 50 minutes west for a distance of 652 . 3 feet to an angle iron found; thence running north 36 degrees 51 minutes west for a distance of 596.39 feet to an iron pin and corner; thence running north 38 degrees 36 minutes west for a distance of 211 . 9 feet to an iron pin; thence running north 89 degrees and 49 minutes west for a distance of 214 feet to an iron pin ; thence running north 89 degrees 37 minutes west for a distance of 255 feet to an iron pin; thence running south 89 degrees 09 minutes west 45.1 feet to an iron pin; thence running north 89 degrees 44 minutes west for a distance of 799.06 feet to an iron pin; thence running north 83 degrees 56 minutes west for a distance of 237 . 5 feet to an iron pin located on the east side of the Lewis Road right of way; thence running northerly along the easterly side of Lewis Road right of way for a distance of 629.86 feet to an iron pin and corner and the point of beginning (the said last call following the courses and distances as are shown on the above mentioned plat) . (xxvi) All property located within Paddocks West Unit 1, as shown and described on plat recorded at Plat book 120, Page 28, Cobb County, Georgia records, and being located in land lot 585, 586, 599 and 600, of the 19th District, 2nd Section, Cobb County, Georgia."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2017 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); and for other purposes.

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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 17th of March in the year 2017; 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 WILKERSON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 20th of March, 2017, Before me:

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

Approved May 4, 2017.

__________

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WALKER COUNTY BOARD OF COMMISSIONERS; CREATE; REFERENDUM.

No. 165 (House Bill No. 615).

AN ACT

To amend an Act creating the office of commissioner of Walker County, approved February 10, 1939 (Ga. L. 1939, p. 751), as amended, so as to create the Board of Commissioners of Walker County; to provide for continuation of certain obligations and liabilities; to provide for the composition of the board; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for filling of vacancies; to provide for oaths of office and surety bonds; to provide for the compensation and expenses of the chairperson and members of the board; to provide for a vice chairperson; to provide for powers and duties of such officers; to provide for meetings; to provide for the powers, duties, and authority of the chairperson and members of the board; to provide for formal bids for certain purchases; to provide for the appointment of a clerk and other officials; to provide for the preparation, submission, review, adoption, and amendment of budgets; to provide for expenditure of county funds; to provide for audits of county finances and financial records; to provide for a referendum; to provide for related matters; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I. SECTION 1-1.

An Act creating the office of commissioner of Walker County, approved February 10, 1939 (Ga. L. 1939, p. 751), as amended, is amended by striking Section 1 through the end and inserting in lieu thereof the following:

"SECTION 1. There is created the Board of Commissioners of Walker County to be elected and organized as provided for in this Act. The board shall be the successor to the office of commissioner of Walker County and shall continue to have the obligations and liabilities of the commissioner of Walker County as existed immediately prior to January 1, 2021. The board shall constitute the governing authority of Walker County and shall exercise the powers, duties, and responsibilities vested in and upon such officers by the provisions of this Act. The term 'board,' whenever used in this Act, shall mean the Board of Commissioners of Walker County, including the chairperson and all members.

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SECTION 2. (a) The board shall consist of a chairperson and four district commissioners. The four district commissioners shall be residents of their respective commissioner districts as described in subsection (b) of this section and shall be elected by the electors of their respective districts as provided in Section 3 of this Act. The chairperson shall be elected at large as provided in Section 3 of this Act. (b) For the purpose of electing members of the board, Walker County shall be divided into four commissioner districts. One member of the board shall be elected from each such district. Commissioner Districts 1, 2, 3, and 4 shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as Plan Name: walkercc-2017 Plan Type: Local Administrator: SD053 User: Gina.
(c)(1) When used in such attachment, the term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. (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 Walker County which is not included in any district described in the plan shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Any part of Walker County described in the plan as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia.

SECTION 3. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law. (b) In order to be elected as a member of the board from a commissioner district, a person shall be 18 years of age or older, shall have resided in that district for at least 12 consecutive months prior to election thereto, and shall receive a majority of the votes cast for that office by the electors of that district. At the time of qualifying, each candidate for such office shall specify the commissioner district for which that person is offering as a candidate. A person elected as a member of the board from a commissioner district shall

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continue to reside in that district during that person's term of office or that office shall thereupon become vacant. (c) The chairperson of the board shall be 25 years of age or older, shall have resided in Walker County for at least 12 consecutive months prior to election to such office, may reside anywhere within Walker County, and shall receive a majority of the votes cast for such office by the electors of the entire county. The chairperson shall continue to reside within Walker County during that person's term of office or that office shall thereupon become vacant.

SECTION 4. (a) The first members of the Board of Commissioners of Walker County shall be elected at the 2020 November general election. The members of the board elected thereto from Commissioner Districts 1 and 2 in 2020 shall take office on January 1, 2021, and shall serve for an initial term of office which shall expire on January 1, 2023, and upon the election and qualification of their respective successors. The chairperson and the members of the board elected thereto from Commissioner Districts 3 and 4 in 2020 shall take office on January 1, 2021, and shall serve for initial terms of office which shall expire on January 1, 2025, and upon the election and qualification of their respective successors. Those and all future successors to the chairperson and members of the board whose terms of office are to expire shall be elected at the November state-wide general election immediately preceding the expiration of such terms, shall take office on the first day of January immediately following that election, and shall serve for terms of office of four years and until their respective successors are elected and qualified. (b) The chairperson and 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.'

SECTION 5. (a) In the event of a vacancy occurring in the membership of the board, whether the vacancy is in the office of chairperson or any other member, for any reason other than expiration of term, that vacancy shall be filled as provided in this section. (b) In the event a vacancy occurs on the board when at least 180 days remain in the unexpired term of office, the election superintendent of Walker County, within 15 days after the vacancy occurs, shall issue the call for a special election to fill the vacancy for the unexpired term. Such special election shall be called and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended. Any person elected in a special election to fill such a vacancy shall take office immediately upon certification of the results of such special election and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor

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chairperson takes office for the unexpired term following the special election provided for in this subsection. (c) In the event a vacancy occurs on the board when less than 180 days remain in the unexpired term of office, the remaining members of the board shall appoint a qualified person to fill the vacancy for the unexpired term. Any person appointed by the board to fill a vacancy as provided in this subsection shall possess the residency and other qualifications required for the office and shall take office immediately upon appointment and qualification. If such vacancy is in the office of chairperson of the board, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the unexpired term following his or her appointment as provided for in this subsection. During the time when the board has a vacancy under this subsection and only during such time, if a vote on a matter before the board results in a tie, the chairperson or, if the office of chairperson is vacant and the vice chairperson is serving as chairperson, the vice chairperson shall be allowed to cast an additional vote to break such tie.

SECTION 6. Before entering upon the discharge of their duties, the chairperson and district commissioners shall subscribe to an oath before the judge of the probate court of such county for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition, the chairperson and each district commissioner shall further give a satisfactory surety bond to the judge of the probate court of the county payable to the judge of the probate court or that judge's successor in office and filed in the office of the judge of the probate court, in the sum of $25,000.00, conditioned upon the faithful performance of the duties of the office. The costs of said bonds shall be paid out of the county treasury.

SECTION 7. (a) District commissioners, other than the chairperson, shall serve in such capacity on a part-time basis and shall be paid a salary of $12,000.00 per year. Such compensation shall be paid in equal monthly installments from the funds of Walker County. (b) The chairperson shall serve in such capacity on a full-time basis and shall be paid an annual salary equal to the annual salary of the highest paid elected county officer of Walker County, plus an additional $500.00, or $100,000.00 per annum, whichever is greater. For the purposes of this subsection, the term 'county officer' shall mean only the tax commissioner, the judge of the probate court, the sheriff, or the clerk of superior court. The salary provided in this subsection shall be paid in equal monthly installments from the funds of Walker County. The salary and expenses provided for in this subsection shall constitute the entire compensation to which the chairperson shall be entitled to be paid from county funds.

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(c) The chairperson and the district commissioners may be reimbursed for reasonable expenses incurred in carrying out their duties. Expenses may be reimbursed only after the submission of receipts or records of said expenses to the county clerk and approval by majority vote of the board of commissioners at a regularly scheduled meeting. The chairperson and commissioners shall be entitled to compensation for serving on any other boards or authorities for which their membership is provided by law. (d) At their own expense, the district commissioners may participate in county provided health, dental, and other health related programs and in county sponsored retirement programs. No county funds shall be spent on these programs for the benefit of the district commissioners.

SECTION 8. At the first regular meeting of each year, the board shall elect from its members a vice chairperson. In the event of death, disqualification, or resignation of the chairperson, the vice chairperson shall perform the duties and exercise the authority of the chairperson until a new chairperson is chosen as provided in this Act. The vice chairperson shall preside at meetings of the board in the absence of the chairperson and shall serve for the calendar year in which he or she is elected. In the event of a vacancy in the office of vice chairperson, the board shall elect a new vice chairperson to serve for the remainder of the calendar year.

SECTION 9. Each month, at the county seat, the board of commissioners shall hold a minimum of two regular meetings. All meetings shall be open to the public as required by law and shall provide a time period exclusively for public comment. The time, date, and place of the meetings shall be determined by the board in the first meeting of the year. Any resolution passed by the board regarding the time, date, and place of its monthly meetings shall be published in the official county organ once a week for two weeks during a period of 30 days immediately following the passage of the resolution. The board of commissioners may hold such additional meetings as shall be necessary when called by the chairperson or any two commissioners, provided that all members of the board of commissioners shall have been notified at least three days in advance of such special meeting which is open to the public. Three district commissioners or the chairperson and any two district commissioners shall constitute a quorum. No official action shall be taken except upon the affirmative vote of at least three members of the board of commissioners and except upon compliance with Chapter 14 of Title 50 of the O.C.G.A. The chairperson shall be entitled to vote on a question only if the chairperson's vote would affect the outcome of any vote or issue before the board. The vice chairperson while serving as chairperson shall be entitled to vote on all matters before the board. All regular and called meetings shall be conducted according to Robert's Rules of Order.

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SECTION 10. The chairperson shall administer the affairs and day-to-day business of the county and preside over the meetings of the board. The duties of the chairperson shall include, but shall not be limited to, the following:
(1) Calling meetings of the board as provided in Section 9 of this Act; (2) Preparing a proposed agenda and presiding over meetings of the board; (3) Representing the county government at ceremonial functions; (4) Being empowered to submit motions that are made and seconded by district commissioners to the board for action; (5) Appointing members and chairpersons to all committees of the board with the approval of the board; and (6) Performing such other duties as shall be delegated to the chairperson by the board or as provided by law or ordinance. The chairperson shall be authorized, in his or her sole discretion, to spend not more than $25,000.00 without approval of the board.

SECTION 11. The board shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules, and regulations governing all matters reserved to its exclusive jurisdiction. Such policies, rules, and regulations, when so adopted with proper entry thereof made on the minutes of the board, shall be conclusive and binding. The board shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. Except as otherwise provided in this Act, the following powers are vested in the board and reserved to its exclusive jurisdiction:
(1) To levy taxes; (2) To make appropriations; (3) To fix rates and charges for services provided by the county; (4) To authorize the incurring of indebtedness; (5) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment; (6) To authorize and provide for the execution of contracts; (7) To establish, alter, open, close, build, repair, or abolish public roads, bridges, and ferries, according to law; provided, however, that the chairperson shall have the authority to accept subdivision plats when the requirements established by the board for subdivisions have been met; (8) To establish, abolish, or change election precincts and militia districts according to law; (9) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county;

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(10) To exercise all powers, duty, and authority formerly imposed upon or vested in the commissioner of Walker County in respect to zoning and planning; (11) To create and change the boundaries of special taxing districts authorized by law; (12) To fix the bonds of county officers where same are not fixed by statute; (13) To enact any ordinances or other legislation which the county may be given authority to enact; (14) To determine the priority of capital improvements; (15) To call elections for the voting of bonds; (16) To exercise all of the power and authority formerly vested by law in the commissioner of Walker County together with the power and authority which may be delegated by law to the governing authority of the county, by whatever name designated; (17) To appoint retained legal counsel and an independent county auditor and provide for their compensation; and (18) To require all county officers to report on the general or specific conduct of the financial affairs of their respective offices.

SECTION 12. Formal sealed bids shall be received for all purchases in amounts over the state limit for sealed bids unless the board sets a lower limit. Advertisements for such bids shall be published for two consecutive weeks in the official organ of Walker County. The need for such bids may be dispensed with by the board if it decides that an emergency exists which will not permit a delay.

SECTION 13. The internal organization of the county government shall be established and altered by the board. Existing departments may be abolished and their functions transferred to other departments, additional departments may be created, and any two or more departments may be consolidated.

SECTION 14. The board shall appoint a clerk who shall keep a proper and accurate book of minutes. The book of minutes of the board shall contain all the acts, orders, and proceedings of the board in chronological order. The minutes book of the board shall be open to the public for inspection at all times during regular office hours, and certified copies of any entries in the minutes book shall be furnished by the clerk to any person requesting same upon payment of a reasonable fee to be paid into the county treasury as are other funds and to be assessed by the board in an amount sufficient to defray the cost of preparing same.

SECTION 15. The chairperson shall submit annually to the board a proposed budget governing expenditures of all county funds, including capital outlay and public works projects for the

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following fiscal year. The board shall thereafter hold two public hearings at least seven days apart on the budget, giving notice thereof at least ten days in advance by publication of such notice and of the proposed budget in the official organ of Walker County and by posting same at the courthouse. The budget shall then be reviewed and adopted or amended by the board prior to the beginning of the new fiscal year to which it applies, which budget, when so adopted or amended by the board, shall constitute the board's appropriation of all funds for such year. The budget so adopted may be revised during the year only by formal action of the board in a regular meeting, and no increase shall be made therein without provision also being made for financing the same. The proposed budget submitted by the chairperson shall be accompanied by a report containing information and data relating to the financial affairs of the county pertinent to arriving at and establishing the annual budget. A copy of the budget and of each revision or amendment to the same shall be transmitted by the chairperson to the grand jury of the Superior Court of Walker County within ten days from the time such budget or amendment thereof is adopted by the board. The board may from time to time, upon a majority vote thereof, change the ending and beginning date of the fiscal year for the county or may operate on a calendar basis; provided, however, that in the event of such change, the budget shall be submitted at least two months prior to the beginning date of the next fiscal year or January 1, whichever shall apply, and shall be adopted at least one month prior to such beginning date. The procedures for budget preparation, submission to the governing authority, review by the governing authority, public review, notice, and hearings shall be as provided for in Chapter 81 of Title 36 of the O.C.G.A.

SECTION 16. No expenditures of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the board. The chairperson of the board shall enforce compliance with this section by all departments of county government and to this end shall institute a system of allotments of all moneys appropriated and budgeted.

SECTION 17. The board shall on or before the final day of the month following the end of each fiscal year employ a certified public accountant for the making of an annual continuous audit of county finances and financial records. The accountant so employed shall be paid out of county funds and shall perform a complete audit of the financial records of the county for the preceding year, pointing out any irregularities found to exist and reporting the results of such audit to the board. The same person or firm shall not perform such audit for more than four consecutive annual periods. Each annual report submitted to the board shall be made available for public inspection as are other records in such office. The board shall cause to be published in the official organ of Walker County and posted at the courthouse a statement of the financial condition of the county as of December 31 and June 30 of each

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year. Said accountant shall transmit to the grand jury of the Superior Court of Walker County a copy of each annual report furnished by such accountant to the board.

Plan: walkercc-2017 Plan Type: Local Administrator: SD053 User: Gina

District 001 Walker County VTD: 2951812 - ROSSVILLE VTD: 2951893 - FAIRVIEW

District 002 Walker County VTD: 2950881 - POND SPRINGS VTD: 2950944 - PEAVINE 020502: 3003 3005 3052 3053 3054 020601: 1000 1001 1002 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1024 1038 1042 1058 1059 2001 2002 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 020800: 1009 1037 VTD: 2951809 - KENSINGTON 020502: 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1050 1051 1052 1053 1054 1055 1056 1057 1058 1062 1063 1064 1065 1067 1068 VTD: 2951818 - CHICKAMAUGA

GEORGIA LAWS 2017 SESSION
VTD: 2951898 - WALLACEVILLE 020501: 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3050 3051 3052 3053 3054 3067 3070 3071 3073 3074
District 003 Walker County
VTD: 2950869 - CHESTNUT FLAT VTD: 2950871 - LAFAYETTE 020602: 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1110 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2113 2114 2115 2117 020700: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 020800: 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1038 1039 1040 1063 020901: 1038 1040 1041 1042 1043 1044 1045 1046 1049 2001 2002 2005 3000 3001 3002 3003 3011 3012 3020 3024 3040 3041 3052 3053 3054 3055 3056 4000 4001 4002 4003 4005 4006 4007 4008 4009 4010 4011 4012 4029 VTD: 2950944 - PEAVINE 020601: 1003 1004 1022 1023 1025 1026 1027 1028 1029 1030 1031 1033 1034 1035 1036 1037 1039 1040 1041 1052 1053 1054 1055 1056 1057 1060 1061 1062 1063 VTD: 2950953 - EAST ARMUCHEE VTD: 2950960 - CANE CREEK 020901: 1005 1007 1008 1009 1010 1011 1012 1013 1014 1015 1019 1020 1022 1023 1024 1025 1026 1027 VTD: 2951053 - WEST ARMUCHEE

District 004 Walker County VTD: 2950871 - LAFAYETTE 020901: 2003 3004 3005 3006 3007 3008 3009 3010 3013 3014 3015 3016 3017 3018 3019 3021 3022 3023 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3057 3058 3059 VTD: 2950943 - WILSON VTD: 2950960 - CANE CREEK 020901: 1021 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1039 1047 1048 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095

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2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2062 2063 2064 2065 2066 2067 2068 2078 2079 2080 2081 2082 2083 2084 2093 4004 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4030 4031 4032 VTD: 2951161 - MOUNTAIN VTD: 2951501 - CHATTANOOGA VAL VTD: 2951800 - DAUGHERTY VTD: 2951808 - CEDAR GROVE VTD: 2951809 - KENSINGTON 020800: 1020 1021 1022 1023 1024 1025 1026 1041 1068 1069 1070 1071 1076 1077 1078 1079 1080 1081 2006 2007 2008 2009 2010 2011 2012 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2057 2059 2060 2061 2062 2063 2064 2065 2067 2068 2069 2070 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3043 3045 3047 3048 3049 3050 3051 3086 3088 VTD: 2951851 - FAIRYLAND VTD: 2951898 - WALLACEVILLE 020302: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 5032 5035 5036 5037 5038 020502: 2000 2001 2002 2003 2004 2005 2006 2012 2013 2014 2015 2016 2017 2018"

PART II. SECTION 2-1.

The election superintendent of Walker County shall call and conduct an election on the date of the 2018 November general election as provided in this section for the purpose of submitting this Act to the electors of Walker County for approval or rejection. The election superintendent 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 Walker County. The ballot shall have written or printed thereon the words:

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"( ) YES Shall the governing authority of Walker County be changed from a sole ( ) NO commissioner to a five-member board of commissioners with the
chairperson elected at large and four commissioners elected by district?" All persons desiring to vote for approval of changing the form of the governing authority of Walker County to a board consisting of four members elected by district and a chairperson elected at large shall vote "Yes." Those persons desiring to vote against changing the form of the governing authority of Walker County shall vote "No." If more than one-half of the votes cast are for approval of changing the form of the governing authority of Walker County to a board of commissioners consisting of four members elected by district and a chairperson elected at large, then Part I of this Act shall become effective immediately for purposes of electing members of the board of commissioners in November, 2020, and for all other purposes on January 1, 2021; otherwise, this Act shall be automatically repealed on the first day of January following that election date. The expense of such election shall be borne by Walker County. It shall be the duty of the election superintendent to certify the results thereof to the Secretary of State.
SECTION 2-2. Except as otherwise provided in Section 2-1 of this Act, this Act shall become effective upon its approval by the Governor or its becoming law without such approval.
SECTION 2-3. 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 2017 session of the General Assembly of Georgia a bill to amend an Act to create the office of Commissioner of Roads and Revenues for the County of Walker, approved February 10, 1939 (Ga. L. 1939, p. 751), as amended, and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Steve Tarvin, Representative from District 2, 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 Walker County Messenger, which is the official organ of Walker County, on the 15th of February in the year 2017; 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/ THOMAS S. TARVIN Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 20th of March, 2017, Before me:

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

Approved May 4, 2017.

__________

CITY OF CHAMBLEE HOTEL/MOTEL TAX.

No. 166 (House Bill No. 621).

AN ACT

To authorize the governing authority of the City of Chamblee 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 Chamblee is authorized to levy an excise tax at a rate of 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.

SECTION 2. The enactment of this Act is subsequent to the adoption of a Resolution by the governing authority of the City of Chamblee on January 17, 2017, 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 the City of Chamblee:
(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 Chamblee; 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. This Act supersedes any prior ordinances adopted by the governing authority of the City of Chamblee pursuant to paragraph (3) of subsection (a) of Code Section 48-13-51 of the O.C.G.A.

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

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is hereby given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a Bill to authorize the City of Chamblee, to ++increase the Georgia Hotel-Motel Excise Tax rate from 5% to 8%++ pursuant to O.C.G.A. 48-13-51(b); to provide for related matters; to repeal conflicting laws; and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Tom Taylor, Representative from District 79, 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 12th of January in the year 2017; 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 TAYLOR Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 22nd of March, 2017, Before me:

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

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My Commission Expires December 29, 2018 [SEAL]

Approved May 4, 2017.

__________

WARREN COUNTY BOARD OF EDUCATION; COMPENSATION.

No. 211 (House Bill No. 591).

AN ACT

To amend an Act reconstituting the Board of Education of Warren County, approved February 4, 1993 (Ga. L. 1993, p. 3651), as amended, so as to provide for compensation of the members of the Board of Education of Warren 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 reconstituting the Board of Education of Warren County, approved February 4, 1993 (Ga. L. 1993, p. 3651), as amended, is amended by revising Section 6 as follows:
"Section 6. The members of the Board of Education of Warren County shall receive $100.00 per month as compensation for their services. While meeting or traveling outside of Warren County in an official capacity as a member of the board, members of the board shall receive a per diem expense allowance of $100.00 for attendance at any authorized board function at a location outside of Warren County."

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

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

A BILL TO BE ENTITLED AN ACT
To amend an Act reconstituting the Board of Education of Warren County, approved February 4, 1993 (Ga. L. 1993, p. 3651), as amended, so as to provide for compensation of

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the members of the Board of Education of Warren 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 reconstituting the Board of Education of Warren County, approved February 4, 1993 (Ga. L. 1993, p. 3651), as amended, is amended by revising Section 6 as follows:
"Section 6. The members of the Board of Education of Warren County shall receive $100.00 per month as compensation for their services. While meeting or traveling outside of Warren County in an official capacity as a member of the board, members of the board shall receive a per diem expense allowance of $100.00 for attendance at any authorized board function at a location outside of Warren County."

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

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

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 Warren County Clipper, which is the official organ of Warren County, on the 10th of March in the year 2017; 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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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(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 14th of March in the year 2017, Before me:

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

Approved May 8, 2017.

__________

CITY OF BROOKHAVEN HOTEL/MOTEL TAX.

No. 213 (House Bill No. 575).

AN ACT

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of the City of Brookhaven is authorized to levy an excise tax at the rate of 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn,

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bed-and-breakfast, 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. 2017-02-03 by the governing authority of the City of Brookhaven on February 15, 2017, 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 Brookhaven:
(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 of the City of Brookhaven; 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. The excise tax at the rate of 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, bed-and-breakfast, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value shall automatically revert to the rate of 5 percent upon the completion of the construction of the Peachtree Creek Greenway, and either:
(1) The expiration of an appropriate intergovernmental agreement with a lawfully enacted authority or other entity with the power to issue bonds for the construction of the Peachtree Creek Greenway, which intergovernmental agreement shall terminate upon the defeasance or retirement of any bonds issued pursuant to the authority's powers; or (2) After 25 years from the effective date of this Act.

SECTION 5. In the event of an amendment by the General Assembly to subsection (b) of Code Section 48-13-51 of the O.C.G.A. to allow local governments to utilize one-half of the 3 percent assessment on lodging for items other than direct marketing organization expenses,

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such 1.5 percent tax shall be utilized in the City of Brookhaven for residential ad valorem tax reduction and for no other purpose.

SECTION 6. This Act shall become effective on July 1, 2017; provided, however, that this Act shall only become effective if the General Assembly does not enact general legislation during the 2017 regular session to provide for the use of the proceeds of the hotel/motel tax in municipalities subject to division (a)(5)(A)(ii) of Code Section 48-13-51 of the O.C.G.A. If such legislation is enacted, this Act shall not become effective and shall stand repealed in its entirety on July 1, 2017.

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

LOCAL LEGISLATION Public Notice
City of Brookhaven
Pusuant to O.C.G.A. 28-1-14, the City of Brookhaven hereby publishes notice that it intends to seek local legislation to increase the City's right and ability to collect hotel/motel taxes under O.C.G.A. 48-13-51 during the 2017 convening of the Georgia General Assembly.
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 Champion, which is the official organ of DeKalb County, on the 16th of February in the year 2017; 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/ MARY MARGARET OLIVER Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 9th of March, 2017, Before me:

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

Approved May 8, 2017.

__________

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY COMPETITIVE PROCESS FOR CONCESSION CONTRACTS AND DISPOSITION OF REAL PROPERTY.

No. 215 (House Bill No. 506).

AN ACT

To amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to provide for a competitive and responsible process for the award of contracts for concessions and the sale, lease, or other disposition of real property owned by the 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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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

SECTION 1. An Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by revising subsections (f) and (g) of Section 14 as follows:
"(f) All concessions granted by the Authority for the sale of products or the rendition of services for a consideration on Authority property shall be awarded only pursuant to a competitive and responsible process in a manner similar to that required in subsection (b) or subsection (m). (g) Contracts for the sale, lease or other disposition of real property owned by the Authority shall be awarded only pursuant to a competitive and responsible process in a manner similar to that required in subsection (b) or subsection (m), provided that such competitive and responsible process may be waived, but only if the Board determines that the negotiation of a sale, lease, exchange or other disposition of real property owned or to be acquired by the Authority is necessary to facilitate either of the following: (i) the location of an Authority transportation project within real property owned by another; or (ii) the passage of the public between an Authority transportation project and the property of another."

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 2017 session of the General Assembly of Georgia a bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Tom Taylor, Representative from District 79, 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 24th of February in the year 2017; 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/ TOM TAYLOR Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 27th of February, 2017, Before me:

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

"Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243); and for other purposes."

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Tom Taylor, Representative from District 79, 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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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Gwinnett Daily Post, which is the official organ of Gwinnett County, on the 24th of February in the year 2017; 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 TAYLOR Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 27th of February, 2017, Before me:

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

"Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243); and for other purposes."

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Tom Taylor, Representative from District 79, 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 Clayton News Daily, which is the official organ of Clayton County, on the 15th of February in the year 2017; 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 TAYLOR Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 27th of February, 2017, Before me:

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

"Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243); and for other purposes."

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Tom Taylor, Representative from District 79, 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 15th of February in the year 2017; 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 TAYLOR Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 27th of February, 2017, Before me:

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act known as the "Metropolitan Atlanta Rapid

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Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243); and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Tom Taylor, Representative from District 79, 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 16th of February in the year 2017; 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 TAYLOR Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 27th of February, 2017, Before me:

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

Approved May 8, 2017.

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FULTON COUNTY BOARD OF EDUCATION; PENSION PLAN; CONTRIBUTIONS; PENSION BOARD.

No. 258 (House Bill No. 361).

AN ACT

To amend an Act providing in Fulton County a system for pension and retirement to pay teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 4004), an Act approved April 11, 2012 (Ga. L. 2012, p. 4982), and an Act approved May 6, 2013 (Ga. L. 2013, p. 4026), so as to provide that contributions made into the pension and retirement plan by employees shall be considered employer contributions for tax purposes; to repeal a certain provision relating to employee contributions paid by the employer; to provide that the Board of Education of Fulton County shall administer the plan; to provide for a pension board; to provide for members and terms; to provide for the filling of vacancies; to provide for officers; to provide for rules and regulations; to provide for conflicts of interest; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing in Fulton County a system for pension and retirement to pay teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 4004), an Act approved April 11, 2012 (Ga. L. 2012, p. 4982), and an Act approved May 6, 2013 (Ga. L. 2013, p. 4026), is amended by revising subsection (e) of Section 2.07 as follows:
"(e) Employee contributions made on or after July 1, 1990, shall be treated as employer contributions for purposes of determining the tax treatment of such contributions pursuant to Section 414(h) of the Code and these contributions shall not be included as gross income of the employee until such time as they are distributed or made available."

SECTION 2. Said Act is further amended by repealing subsection (f) of Section 2.07.

SECTION 3. Said Act is further amended by revising Section 12.01 as follows:

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"SECTION 12.01. Pension board, appointment, and term of office.

(a) The Board of Education of Fulton County shall be the plan sponsor and funding agent and shall have full responsibility and authority for interpreting and implementing the plan. (b) Administration of the plan shall be carried out under the direction of the board of education by a committee of the board of education which shall be known as the 'pension board' and which shall consist of seven voting members and one nonvoting member. Except as otherwise provided in subsection (b.1) of this section, members shall be qualified and chosen as follows:
(1) The superintendent of the Fulton County School System, ex officio, who shall not have a vote; (2) The chief financial officer of the Fulton County School System, ex officio; (3) The chief human resources officer of the Fulton County School System, ex officio; and (4) Two members nominated by the pension board and appointed by the board of education who shall be former teachers or employees of the board of education and who shall be pensioners; (5) Two members nominated by the pension board and appointed by the board of education who shall be active teachers or employees of the board of education and participants in the plan; and (6) One member nominated by the pension board and appointed by the board of education who shall be an active or former school administrator within the Fulton County School System and a participant in the plan. (b.1)(1) The terms of office of the members of the pension board serving on the effective date of this Act shall end on May 31, 2018. The members of the pension board selected under paragraphs (1), (2), and (3) of subsection (b) of this section shall take office on June 1, 2018, and serve during the term of the qualifying office, provided that such individuals serving in such a qualifying office on an acting or interim basis shall serve during their acting or interim tenure in the qualifying office and until their successors are appointed and qualified. All other members qualified and appointed as provided for in subsection (b) of this section shall take office on June 1, 2018, and serve terms as described within this subsection. One member appointed under paragraph (4) of subsection (b) of this section shall serve for a one-year term and one member appointed under such paragraph shall serve for a two-year term. One member appointed under paragraph (5) of subsection (b) of this section shall serve for a three-year term and one member appointed under such paragraph shall serve a four-year term. The member appointed under paragraph (6) of subsection (b) of this section shall serve a four-year term. After the completion of the initial term of office commencing on June 1, 2018, any subsequent member as appointed pursuant to subsection (b) of this section shall serve a

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term of four years. There shall be no limit on the number of terms a member appointed to the pension board may serve. (2) If at any time the pension board has four or more vacancies, the nomination process provided by paragraphs (4), (5), and (6) of subsection (b) of this section shall be suspended in part and the board of education shall appoint members to any vacant positions on the pension board from the participation group from which the vacancy occurs. (3) If the board of education fails to confirm two successive pension board nominations for membership to the pension board, then the board of education shall appoint a member to that position from the participation group from which the vacancy occurs. (4) Members of the pension board shall serve at the pleasure of the board of education. The board of education may by majority vote remove any member of the pension board without notice or hearing. (c) In the event of the death, resignation, removal, or other disability of a pension board member which renders him or her incapable of performing the duties of a member of the pension board during his or her or her term of office, such pension board member's replacement shall be selected in the manner specified in subsection (b) of this section for such position and shall serve the remaining balance of such term of office. A member selected as a replacement under the conditions of this subsection may be reappointed to the board upon expiration of the term of office and there shall be no limit on the number of terms he or she may serve. (d) The superintendent of the Fulton County School System or his or her designee shall serve as chairperson of the pension board. The pension board shall elect one member to serve as secretary and shall hold a regular public meeting at least once a month at a time and place to be fixed by the pension board. The members of the pension board shall serve without pay. The pension board may employ an executive director and other personnel who shall serve at the will of and under the direction of the superintendent of the Fulton County School System. With the consent of the board of education, such executive director shall be treated as an employee of the Fulton County Board of Education for benefits and tax reporting purposes. (e) The pension board shall have the authority, subject to the approval of the board of education, to adopt rules and regulations in the administration of this Act and in carrying out the provisions of this Act and to provide for the equitable disposition of any matter not specifically covered by the provisions of this Act; provided, however, that all such rules and regulations shall be consistent with the terms and spirit of this Act. (f) The chief financial officer of the Fulton County School System shall be designated as the treasurer and custodian of this plan and shall be subject to the direction of the superintendent of the Fulton County School System for the purpose of carrying out his or her duties under the plan. Whenever any pension has been granted by the pension board, a check shall be drawn on the pension fund, providing for the payment of the pension as

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the same matures, and shall be signed by the chairperson of the pension board and countersigned and paid by the treasurer. (g) Four members of the pension board shall constitute a quorum, and notice by the secretary shall be given for special or called meetings of the pension board. The chairperson of the pension board shall provide a bond with a good corporate surety in the sum of not less than $5,000.00 for his or her faithful performance as chairperson of the pension board, and the treasurer shall provide a bond with a good corporate surety in the sum of not less than $25,000.00 for his or her faithful performance as treasurer and custodian of the plan. The premiums on such bonds shall be an expense of this plan. (h) Except as otherwise provided in the plan, no member or employee of the pension board shall have any personal interest in the gains or profits from any investment made by the pension board or use the assets of this plan in any manner, directly or indirectly, for himself or herself or as an agent, except to make such payments as are authorized by the pension board in accordance with the plan."

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 2017 session of the General Assembly of Georgia a bill to amend an Act providing in Fulton County a system for pension and retirement to pay teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Wendell Willard, Representative 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 Daily Report, which is the official organ of Fulton County, on the 31st of January in the year 2017; 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/ WENDELL K. WILLARD Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 7th of February, 2017, Before me:

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

Approved May 9, 2017.

__________

CITY OF SOUTH FULTON MAYOR; VOTING; QUORUM.

No. 260 (House Bill No. 385).

AN ACT

To amend an Act to incorporate the City of South Fulton in Fulton County, Georgia, approved April 26, 2016 (Ga. L. 2016, p. 3726), so as to provide for when the mayor may vote and be included in the determination of a quorum; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to incorporate the City of South Fulton in Fulton County, Georgia, approved April 26, 2016 (Ga. L. 2016, p. 3726), is amended by revising subsection (a) of Section 3.15 as follows:

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"(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; provided, however, that the mayor shall vote only in the case of a tie. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member 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."

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 2017 session of the General Assembly of Georgia a bill to amend an Act to incorporate the City of South Fulton in Fulton County, approved April 26, 2016 (Ga. L. 2016, p. 3726); to provide for related matters; to provide an effective date; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Debra Bazemore, Representative from District 63, 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 3rd of February in the year 2017; 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/ DEBRA BAZEMORE Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 7th of February, 2017, Before me:

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

Approved May 9, 2017.

__________

BROOKS COUNTY CHIEF MAGISTRATE JUDGE: NONPARTISAN ELECTION.

No. 266 (House Bill No. 457).

AN ACT

To provide that future elections for the office of chief judge of the Magistrate Court of Brooks County shall be nonpartisan elections; to provide for the sitting chief judge of the magistrate court to serve out his or her term of office; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. All elections for the office of chief judge of the Magistrate Court of Brooks County conducted after the effective date of this Act shall be nonpartisan elections as provided for

GEORGIA LAWS 2017 SESSION

4009

in Code Section 21-2-139 of the O.C.G.A. and shall be conducted at the nonpartisan general election immediately preceding the expiration of each respective term of office. Such nonpartisan elections shall be held and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 2. Nothing in this Act shall affect the term of office of the chief judge of the Magistrate Court of Brooks County in office on the effective date of this Act. The sitting chief judge of the magistrate court shall serve out the term of office for which such chief judge was elected and shall be eligible to succeed himself or herself as provided in this Act.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to provide that future elections for the office of chief judge of the Magistrate Court of Brooks County shall be nonpartisan elections; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Amy Carter, Representative from District 175, 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 Quitman Free Press, which is the official organ of Brooks County, on the 15th of February in the year 2017; 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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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

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

s/ AMY CARTER Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 21st of February, 2017, Before me:

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

Approved May 9, 2017.

__________

CITY OF TRENTON CITY CLERK; CHANGE FROM ELECTED TO APPOINTED POSITION.

No. 276 (Senate Bill No. 284).

AN ACT

To amend an Act reincorporating and providing a new charter for the City of Trenton in Dade County, approved March 26, 1987 (Ga. L. 1987, p. 4725), so as to change the position of city clerk from an elective to an appointive position; to provide for the current city clerk to serve out the remainder of his or her term of office; to provide for the appointment of city clerks; to provide for the election of certain city officers; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act reincorporating and providing a new charter for the City of Trenton in Dade County, approved March 26, 1987 (Ga. L. 1987, p. 4725), is amended in Section 3.10 by adding a new subsection to read as follows:

GEORGIA LAWS 2017 SESSION

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"(e) The city clerk serving in office as of January 1, 2017, shall serve the remainder of the term of office for which such city clerk was elected; however, no further elections shall be conducted for the position of city clerk and the term of such elected city clerk shall end on the first Monday in January, 2018. Beginning on the first Monday in January, 2018, there shall be an appointed city clerk who shall carry out the duties of city clerk as set forth in this charter and other applicable law. The city clerk shall be appointed by the mayor, subject to confirmation by the city council, and shall serve at the pleasure of the governing authority of the city."

SECTION 2. Said Act is further amended by revising Section 5.11 as follows:
"Section 5.11. Regular elections; time for holding. Municipal general elections for the city shall be held biennially in the odd-numbered years on the Tuesday next following the first Monday in November. There shall be elected the mayor, street commissioner, and fire and utilities commissioner at one election and at every other regular election thereafter. The offices of police commissioner and parks and recreation commissioner shall be filled at the election alternating with the first election so that a continuing body is created. The mayor and the commissioners shall serve for terms of four years and until their respective successors are elected and qualified. The terms of office shall begin at the time of taking the oath of office as provided in Section 2.18 of this charter. The mayor, street commissioner, fire and utilities commissioner, police commissioner, and parks and recreation commissioner in office on July 1, 2017, shall serve out the terms to which they were elected and until their respective successors are elected and qualified."

SECTION 3. The initial appointment of a city clerk of the City of Trenton as authorized in Section 1 of this Act may occur at any time after the effective date of this Act, provided that such city clerk so appointed shall not assume the duties of city clerk prior to the first Monday in January, 2018.

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 2017 session of the General Assembly of Georgia a bill to amend an Act reincorporating and providing a new charter for the City of Trenton in Dade County, approved March 26, 1987 (Ga. L. 1987, p. 4725), as amended; and for other purposes.

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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 Dade County Sentinel, which is the official organ of Dade County, on the 1st of March in the year 2017; 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

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 14th of March, 2017, Before me:

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

Approved May 9, 2017.

__________

HOME RULE ORDINANCES
OF COUNTIES
AND CONSOLIDATED GOVERNMENTS

GEORGIA LAWS 2017 SESSION

4015

DEKALB COUNTY DEKALB COUNTY PENSION BOARD; ADJUST BENEFIT LEVELS FOR CERTAIN EMPLOYEES; UPDATES AND CLARIFICATIONS.

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 ADJUST BENEFIT LEVELS FOR FUTURE EMPLOYEES AND MAKE OTHER CLARIFYING CHANGES AND COMPLIANCE-RELATED UPDATES TO THE PENSION CODE.

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 amending Section 8 of the Act (codified in the Code of DeKalb County, Georgia, Appendix B, as section 908), to delete subsection 908(a) and replace it with the following:
(a) Definitions: (1) Compensation shall mean the actual compensation paid as salary to a participant by the county as herein provided during any calendar month, exclusive of overtime pay, reimbursed expenses, bonuses, commissions, and any other remuneration. Any increase in the annual compensation limit is effective as of January 1 of a calendar year and applies to any plan year beginning in that calendar year. Beginning after December 31, 1993, only the first one hundred fifty thousand dollars ($150,000.00) of compensation shall be taken into account (and beginning January 1, 1995, such other amount as may be determined under IRC 401(a)(17)(B)). Beginning January 1, 2002, in no event shall the compensation of a participant taken into account under the plan for any plan year exceed the limitations of IRC Section 401(a)(17) in effect as of the beginning of the plan year (e.g., $250,000.00 for 2012). The limitations set forth herein shall be subject to adjustment as provided in IRC Section 401(a)(17)(B) and IRC Section 415(d); provided, however, that the dollar increase in effect on April 1 of each plan year, if any, is effective for that plan year.

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COUNTY HOME RULE ORDINANCES

Compensation shall include contributions made to a qualified transportation plan, within the meaning of IRC Section 132(f) and before-tax or salary deferral contributions made under IRC Section 125, 401(k), 402(g)(3), 457(b) or 414(h) to this plan or any other plan maintained by DeKalb County. (2) Group (or group of participants) shall mean one of the following three groups of participants: A. group 1 shall include those participants whose first day as a participant is before
September 1, 2005; B. group 2 shall include those participants whose first day as a participant is on or after
September 1, 2005 but before January 1, 2016; C. group 3 shall include those participants whose first day as a participant is on or after
January 1, 2016. (3) Average compensation shall mean, for a group 1 or group 2 participant, the average of
the participant's monthly compensation for the highest thirty-six (36) consecutive complete calendar months during the ten (10) years of service, or during the full period of service if less than ten (10) years, immediately preceding the date on which the participant's employment with the county terminates for any reason. Average compensation shall be determined by dividing the total compensation received by the participant during this thirty-six (36) complete calendar months-period by the number of months for which he received compensation in such period. When identifying the "ten (10) years of service" and the "highest thirty-six (36) consecutive complete calendar months" referenced above, any calendar month in which the compensation a participant received was reduced or eliminated because of an unpaid period at least fourteen consecutive days in length (or any portion of such an unpaid period) shall be disregarded as if that calendar month had not occurred; calendar months immediately preceding and following such disregarded calendar months shall be deemed consecutive. Compensation the participant received during any such disregarded calendar month(s) shall not be counted when calculating average compensation. The definition of average compensation shall be the same for a group 3 participant as for a group 1 or group 2 participant, except that the average compensation for a group 3 participant who continues working as an officer, employee, or deputy of DeKalb County after reaching thirty (30) years of service under this plan shall be calculated as if the participant's employment with the county had terminated when he reached thirty (30) years of service under this plan. (4) Accrued benefit as of the date of determination shall mean the participant's monthly retirement benefit, equal to: A. for group 1 participants, two and three-fourths (2 3/4) percent of the participant's
average compensation multiplied by the participant's years of service, not to exceed a maximum monthly benefit of eighty-two and one-half (82 1/2) percent of average compensation;

GEORGIA LAWS 2017 SESSION

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B. for group 2 participants, two and one-fourth (2 1/4) percent of the participant's average compensation multiplied by the participant's years of service, not to exceed a maximum monthly benefit of sixty-seven and one-half (67 1/2) percent of average compensation;
C. for group 3 participants, one (1) percent of the participant's average compensation multiplied by the participant's years of service, not to exceed a maximum monthly benefit of thirty (30) percent of average compensation.
(5) Interest shall mean: A. for group 1 participants, simple interest at the rate of three (3) percent per annum for years prior to 1971, four (4) percent per annum for 1971 and subsequent years prior to 1981, and five and one-half (5 1/2) percent per annum for 1981 and subsequent years; B. for group 2 and group 3 participants, simple interest per annum at the rate defined by the Federal Reserve System H.15, US Treasury two-year constant maturities, prorated for each month of employment. Interest shall not exceed five and one-half (5 1/2) percent per annum prorated for each month of employment.
(6) Years of service means service credited to participation in a pension plan of DeKalb County. This includes any period during which a participant qualifies for disability retirement benefits after January 1, 1981, as set forth in subsection (b)4.C. of this section 908. Accumulated sick leave at the time of retirement shall be credited at the rate of thirty (30) days for one-twelfth (1/12) year's service for retirement dates on or before May 30, 1996, and shall be credited at the rate of twenty-one and one-half (21) days for one-twelfth (1/12) year's service for retirement dates after May 30, 1996. A participant who elects to return to employment as a DeKalb County officer, employee, or deputy after retirement under this plan shall receive service credit for a period of postretirement employment only if the participant made pension contributions during that period and had his benefits under this plan discontinued during that period. Years of service for which a participant shall have credit after a period of discontinuation of benefits shall include years of service prior the participant's original retirement, in addition to any service credited for postretirement employment. No service credit shall be given for any period of postretirement employment during which a participant received benefits under this plan and/or made no pension contributions.
(7) Actuarial equivalent shall mean a benefit calculated to be of equal value to the benefit otherwise payable when computed on the basis of the 1983 Group Annuity Mortality Table at seven (7) percent interest, factors prorated based upon seventy-five (75) percent males and twenty-five (25) percent females. For the purposes of calculating early retirement adjustments to IRC Section 415 limitations or for converting a benefit payable as an optional form of payment, the actuarial equivalent shall be computed based on the applicable interest rate and applicable mortality table as prescribed under IRC Section 415.

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COUNTY HOME RULE ORDINANCES

(8) Plan year shall mean the twelve-month period beginning each April 1 and ending on the following March 31.
(9) Actuarially amortized amount shall mean an amount amortized over thirty (30) years by using the same actuarial factors and assumptions used for funding purposes. ******
By amending Section 8 of the Act (codified in the Code of DeKalb County, Georgia, Appendix B, as Section 908), to delete existing subsections 908(b)(1)(A) and 908(b)(1)(B) (entitled "[n]ormal retirement date" and "[n]ormal retirement benefit") and replace them with the following language;
A. Normal retirement date. (i) For a group 1 participant, the normal retirement date shall be the first day of the month coinciding with or next following the date when the participant has either: (a) attained age fifty-five (55) and completed ten (10) years of service; or (b) attained age sixty-five (65) and completed at least three (3) but less than ten (10) years of service. A participant shall be vested in his accrued benefit at his normal retirement date. (ii) For a group 2 participant, the normal retirement date shall be the first day of the month coinciding with or next following the date when the participant has either: (a) attained age sixty-two (62) and completed ten (10) years of service; or (b) attained age sixty-five (65) and completed at least seven (7) but less than ten (10) years of service. A participant shall be vested in his accrued benefit at his normal retirement date. (iii) For a group 3 participant, the normal retirement date shall be the first day of the month coinciding with or next following the date when the participant has attained age sixty-seven (67) and completed at least seven (7) years of service. A participant shall be vested in his accrued benefit at his normal retirement date.
B. Normal retirement benefit. The monthly retirement benefit payable upon retirement at or after the normal retirement date shall be:
(i) for a group 1 participant, an amount equal to two and three-fourths (2 3/4) percent of the participant's average compensation multiplied by the participant's years of service, not to exceed a maximum benefit of eighty-two and one-half (82 1/2) percent of average compensation;
(ii) for a group 2 participant, an amount equal to two and one-fourth (2 1/4) percent of the participant's average compensation multiplied by the participant's years of service, not to exceed a maximum benefit of sixty-seven and one-half (67 1/2) percent of average compensation;
(iii) for a group 3 participant, an amount equal to one (1) percent of the participant's average compensation multiplied by the participant's years of service, not to exceed a maximum benefit of thirty (30) percent of average compensation.
For all groups of participants, the normal retirement benefit for a participant who retires on or after the normal retirement date shall commence upon retirement and be

GEORGIA LAWS 2017 SESSION

4019

payable on the first day of each month thereafter during the lifetime of the participant with a minimum of one hundred twenty (120) payments to the participant or beneficiary of the participant, unless the participant elects a different payment option pursuant to subsection 908(b)(5).
****** By amending Section 8 of the Act (codified in the Code of DeKalb County, Georgia Appendix B as Section 908) to delete existing subsections 908(b)(3)(A) and 908(b)(3)(B) (entitled "[e]arly retirement date" and "[e]arly retirement benefit") and replace them with the following language:
A. Early retirement date. (i) For a group I participant, the early retirement date shall be the first day of any month coinciding with or next following the date the participant retires from the employ of the county after both attaining age fifty (50) and completing at least ten (10) years of service. (ii) For a group 2 or group 3 participant, the early retirement date shall be the first day of any month coinciding with or next following the date the participant retires from the employ of the county after both attaining age fifty-five (55) and completing at least ten (10) years of service.
B. Early retirement benefit. (i) Early retirement benefit with early payment penalty. Following retirement on an early retirement date, a participant shall receive an immediate monthly retirement benefit in an amount computed and payable in the same manner as a normal retirement benefit, except that the monthly retirement benefit shall be based on the participant's average compensation and years of service as of his early retirement date, and: (a) for group 1 participants, the monthly retirement benefit shall be reduced by one-eighth (1/8) of one percent for each complete month by which the date the benefit commences precedes the participant's normal retirement date; (b) for group 2 participants, the monthly retirement benefit shall be reduced by five-twelfths (5/12) of one percent for each complete month by which the date the benefit commences precedes the participant's normal retirement date; (c) for group 3 participants, the monthly retirement benefit shall be reduced by thirteen-forty-eighths (13/48) of one percent for each complete month by which the date the benefit commences precedes the participant's normal retirement date. (ii) Early retirement benefit for participants with thirty years of service. Any participant, regardless of age, who has completed at least thirty (30) years of service and who retires with an early retirement date on or after the effective date of this ordinance [March 1, 1999], 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 [908], with no deduction for each complete month

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COUNTY HOME RULE ORDINANCES

by which the date the benefit commences precedes the participant's normal retirement date. (iii) Early retirement benefit for group 2 and group 3 participants with twenty-five
years of service. Any group 2 or group 3 participant who retires from the employ of the county with an early retirement date after both attaining age fifty-five (55) and completing at least twenty-five (25) years of service 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 [908], with no deduction for each complete month by which the date the benefit commences precedes the participant's normal retirement date.
****** By amending Section 8 of the Act (codified in the Code of DeKalb County, Georgia, Appendix B, as Section 908) to delete subsection 908(b)(4) and replace it with the following:
4. [Disability retirement:] A. Eligibility to apply for disability retirement. A participant shall be eligible to apply for disability retirement only if the participant is a current officer, employee, or deputy of DeKalb County and is: (i) a group 1 or group 2 participant with at least five (5) years of service; (ii) a group 3 participant with at least ten (10) years of service; or (iii) a group 1, 2, or 3 participant (regardless of service level) whose application for disability retirement is based on a disability incurred, while acting within the scope of his DeKalb County employment, due to an act of God or violent, external and accidental means not resulting from the participant's misconduct or provocation. B. Disability retirement date. An eligible participant's disability retirement date shall be the first day of the month after a determination by the pension board that the participant is totally disabled in accordance with the definition and procedure set forth in section 913 of this appendix. C. Disability retirement benefit. An eligible participant who qualifies for disability retirement shall, beginning on his disability retirement date, receive a monthly retirement benefit equal to fifty (50) percent (for a group 1 or group 2 participant) or twenty (20) percent (for a group 3 participant) of the participant's monthly rate of earnings as of the date last worked, rninus any benefits received, including lump sum payments, and any benefit to be received through workers' compensation from DeKalb County, but the pension shall not be less than one hundred dollars ($100.00) per month. Beginning on the participant's disability retirement date, this monthly retirement benefit shall be payable on the first day of each month until it ceases upon the earliest of the following events: (i) Cessation of the participant's total disability; (ii) The participant's death; or (iii) Recalculation of the participant's monthly retirement benefit at or after the normal retirement date as provided for below.

GEORGIA LAWS 2017 SESSION

4021

D. Transition from disability retirement benefit to normal retirement benefit. (i) For group 1 and group 2 participants. If a group 1 or group 2 participant reaches his normal retirement date while receiving disability retirement benefits, he may elect to begin receiving normal retirement benefits instead of disability retirement benefits. If a participant makes this election, his benefit shall be recalculated in the same manner a normal retirement benefit is calculated, based upon the participant's average compensation as of his disability retirement date and years of service earned as of his normal retirement date. This recalculation may cause the participant's monthly benefit amount to increase or to decrease. When the participant elects to begin receiving normal retirement benefits, he may elect to receive benefits under one of the optional forms of payment described in subsection (b)(5) of this section 908. In the event that a group 1 or group 2 participant is still receiving disability retirement benefits at age sixty-five (65), the participant's monthly benefit shall automatically be recalculated in the same manner as a normal retirement benefit, based upon his average compensation as of his disability retirement date and years of service earned as of his normal retirement date, and the participant may elect to receive benefits under one of the optional forms of payment described in subsection (b)(5) of this section 908. However, when a group 1 or group 2 participant's benefit is automatically recalculated at age sixty-five (65), the participant's monthly retirement benefit shall not be reduced to an amount less than the monthly disability retirement benefit the participant was receiving immediately before age sixty-five (65), except to the extent such a reduction results solely from an election under subsection (b)(5) of this section 908. (ii) For group 3 participants. If a group 3 participant is still receiving disability retirement benefits when he reaches age sixty-seven (67), his monthly benefit shall automatically be recalculated as a normal retirement benefit and he may elect to receive benefits under one of the optional forms of payment described in subsection (b)(5) of this section 908. However, the participant's monthly retirement benefit shall not be reduced to an amount that is less than the monthly disability retirement benefit the participant was receiving immediately before age sixty-seven (67), except to the extent such a reduction results solely from an election made under subsection (b)(5) of this section 908.
E. Requirement of post-offer, pre-employment physical. All individuals who receive offers of employment (which may be conditional offers) to become new officers, employees or deputies of DeKalb County under this plan shall undergo and complete a physical examination given by a physician chosen or approved by DeKalb County prior to the beginning of such employment, to determine whether they meet the minimum medical standards required to perform the essential functions of the offered job position (with reasonable accommodation if needed for a disability). ******

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COUNTY HOME RULE ORDINANCES

By amending Section 8 of the Act (codified in the Code of DeKalb County, Georgia, Appendix B, as Section 908) to delete the title of subheading 908(b)(7)(B)(1) and change that subheading's number and title to 908(b)(7)(B)(i), "For group 1 participants."
****** By amending Section 8 of the Act (codified in the Code of DeKalb County, Georgia, Appendix B, as Section 908) to delete subheading 908(b)(7)(B)(2) and the language between that subheading and subheading 908(b)(7)(B)(2)(a), and replace the deleted subheading and language with the following:
(ii) For group 2 and group 3 participants. The terms and conditions in 7.B.(i) above shall apply to group 2 and group 3 participants, except that: ******
By amending Section 8 of the Act (codified in the Code of DeKalb County, Georgia, Appendix B, as Section 908), to delete subsection 908(b)(8) and replace it with the following:
8. Death benefit. A. Preretirement death benefit for group 1 participants. If a group 1 participant who has not retired dies prior to completing ten (10) years of service, his beneficiary shall receive a lump sum benefit equal to the participant's contributions plus interest. If a group 1 participant who has not retired dies after ten (10) years or more of service, the participant's beneficiary may elect to receive as a benefit one of the following forms of benefit, subject to the Minimum Distribution Requirements in Section (b)(11). The normal form in which this plan pays a participant's accrued benefit is a monthly benefit payable during the lifetime of the participant, with a minimum of one hundred twenty (120) guaranteed payments to the participant or his beneficiary. If a participant dies after ten years or more of service but before receiving any portion of his accrued benefit, his beneficiary will receive a death benefit having an actuarial equivalent value equal to the one hundred twenty (120) guaranteed payments that would have been made to the deceased participant if he had survived and received payment(s) on the same date(s) as the beneficiary. Since the preretirement death benefit has an actuarial equivalent value equal to the deceased participant's 120 guaranteed monthly payments, a beneficiary whose life expectancy is less than 120 months will receive payments over a fewer number of months and in a greater monthly amount than a beneficiary whose life expectancy is at least 120 months. i. If the participant's beneficiary is the surviving spouse, the spouse may elect to receive either: I. One hundred twenty (120) monthly payments (or fewer number of payments equal to the spouse's life expectancy) in an amount equal to the monthly payment the participant would have been entitled to receive had he qualified to take and had taken early retirement as of the date of his death, or if applicable in a greater monthly amount to take into account the fewer number of months of the spouse's life expectancy. The computation of such monthly benefit shall

GEORGIA LAWS 2017 SESSION

4023

include, without limitation, the reduction applicable in computing early retirement benefits of one-eighth (1/8) of one percent for each complete month, if any, by which his date of death precedes his normal retirement date. Nothing contained herein shall be construed to authorize early retirement for any participant under age fifty (50), or otherwise, except in strict accordance with the provisions of this section 8 [908 of this appendix] goveming early retirement. II. A joint and survivor benefit, as set forth in (b)5.B. of this section 8 [908 of this appendix], equal to one hundred (100) percent of the participant's monthly joint and survivor retirement benefit, deferred until the participant would have been eligible for early or normal retirement, and calculated as if the participant had retired the day before his death. If the participant dies before reaching the age of fifty-five (55), then the surviving spouse shall elect whether to receive normal or early retirement as set forth in (b)3.of this section 8 [908 of this appendix]. If the surviving spouse elects early retirement, then the spouse will be entitled to the joint and survivor benefit if the participant had reached the age of fifty (50) or, if the participant died prior to reaching the age of fifty (50), when the participant would have attained the age of fifty (50). If the surviving spouse elects normal retirement, then the spouse will be entitled to the joint and survivor benefit when the participant would have attained the age of fifty-five (55). No payments will be made after the spouse dies. ii. If the participant's beneficiary is not the surviving spouse, the beneficiary may elect to receive either: I. A lump sum benefit in an amount equal to the actuarial present value of the one hundred twenty (120) guaranteed payments that would have been made to the deceased participant if he had survived, had been qualified to begin and had begun payments on the same date that the beneficiary receives the lump sum, which shall be paid no later than the end of the 5th year following the participant's year of death. If the participant died before he reached his early retirement date, the lump sum death benefit will be reduced using the reduction applicable in computing early retirement benefits for the period between the date he would have reached his early retirement date and the date he would have reached his normal retirement date, and reduced by an actuarial equivalent reduction for the period between the date the lump sum is paid and the date the participant would have reached his early retirement date. II. One hundred twenty (120) monthly payments (or fewer number of payments equal to the spouse's life expectancy determined as of the first day of the year following the participant's year of death) in an amount equal to the monthly payment the participant would have been entitled to receive if he had survived, had been qualified to begin and had begun payments on the same date that the beneficiary begins the payments; payments will begin by the end of the calendar

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year following the participant's year of death. If the participant died before he reached his early retirement date, the monthly death benefit will be reduced using the reduction applicable in computing early retirement benefits for the period between the date he would have reached his early retirement date and the date he would have reached his normal retirement date, and reduced by an actuarial equivalent reduction for the period between the date monthly death benefits begin and the date the participant would have reached his early retirement date. Since the preretirement death benefit has an actuarial equivalent value equal to the deceased participant's 120 guaranteed monthly payments, a beneficiary whose life expectancy is less than 120 months will receive payments over a fewer number of months and in a greater monthly amount than would be received by a beneficiary whose life expectancy is at least 120 months. The benefits described in this paragraph shall be in lieu of any termination benefit under this section 8 [908 of this appendix]. B. Preretirement death benefit for group 2 and 3 participants. The death benefit for a group 2 or 3 participant shall be subject to the same terms and conditions in subparagraph (A) above, except that if the participant has not retired and dies after ten (10) years or more of service, the participant's beneficiary may elect to receive as a benefit one of the following: i. If the participant's surviving spouse is the beneficiary, the spouse may elect to receive either: I. One hundred twenty (120) monthly payments (or fewer number of payments equal to the spouse's life expectancy) in an amount equal to the monthly payment the participant would have been entitled to receive had he qualified to take and had taken early retirement as of the date of his death, or if applicable in a greater monthly amount to take into account the fewer number of months of the spouse's life expectancy. The computation of such monthly benefit shall include, without limitation, the reduction applicable in computing early retirement benefits of five-twelfths (5/12) of one percent for each complete month, if any, by which his date of death precedes his normal retirement date (if a group 2 participant) or thirteen forty-eighths (13/48) of one percent for each complete month, if any, by which his date of death precedes his normal retirement date (if a group 3 participant). Nothing contained herein shall be construed to authorize early retirement for any group 2 or group 3 participant under age fifty-five (55), or otherwise, except in strict accordance with the provisions of this section 8 [908 of this appendix] governing early retirement. II. A joint and survivor benefit, as set forth in [subsection] (b)5.B. of this section 8 [908 of this appendix] equal to one hundred (100) percent of the participant's monthly joint and survivor retirement benefit, deferred until the participant would have been eligible for early or normal retirement and calculated as if the

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participant had retired the day before his death. If the participant dies before reaching his normal retirement date, then the surviving spouse shall elect whether to receive normal or early retirement as set forth in [subsection] (b)3. of this section 8 [908 of this appendix]. If the surviving spouse elects early retirement, then the spouse will be entitled to the joint and survivor benefit if the participant had reached the age of fifty-five (55) or, if the participant died prior to reaching the age of fifty-five (55), when the participant would have attained the age of fifty-five (55). If the surviving spouse elects normal retirement, then the spouse will be entitled to the joint and survivor benefit when the participant would have attained the age of sixty-two (62) (if a group 2 participant) or age sixty-seven (67) (if a group 3 participant). No payments will be made after the spouse dies. ii. If the participant's beneficiary is not the surviving spouse, the Plan will pay the death benefit in accordance with the rules described above in Section (A)(ii). The benefits described in this paragraph shall be in lieu of any termination benefit under this section 8 [908 of this appendix]. C. After retirement. If a participant has elected the straight life option, his beneficiary shall receive a lump sum benefit equal to the excess, if any, of the participant's contributions accumulated to his retirement date plus interest over the benefits actually paid to date of death. If a participant has elected any other form of payment, death benefits shall be payable as provided for by the provisions of the option elected, but in no event shall total benefits paid be less than the participant's contributions accumulated to his retirement date plus interest.
****** By amending Section 10 of the Act (codified in the Code of DeKalb County, Georgia, Appendix B, as Section 910), to add a subheading (a), entitled "Participant contribution rates" at the beginning of the existing language of Section 910.
****** By amending Section 10 of the Act (codified in the Code of DeKalb County, Georgia, Appendix B, as Section 910), subsection (a), to delete the sentence that reads "Contributions will continue to be deducted so long as the participant continues to be employed by DeKalb County." and replace that sentence with the following language:
Effective January 1, 2016, it shall be the duty of the Director of Finance of DeKalb County to make payroll deductions from the compensation paid to participants as follows: from each group 1 participant, an amount equal to ten and forty-eight hundredths (10.48) percent of the participant's compensation; from each group 2 participant, an amount equal to eight and fifty-seven hundredths (8.57) percent of the participant's compensation; and from each group 3 participant, an amount equal to six and forty-two hundredths (6.42) percent of the participant's compensation. Contributions will continue to be deducted so long as the participant continues to be employed by DeKalb County, except that for a group 3 participant, the above-described payroll deductions shall cease after the

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participant has been subject to such deductions for thirty (30) years of service under this plan. Payroll deductions from group 3 participants shall not be raised to a level higher than seven and ninety-four hundredths (7.94) percent of the participant's compensation during any period when the formula for calculating benefits for a group 3 participant is the same as or less generous than the formula for calculating a group 3 participant's benefit as of January 1, 2016.
****** By amending Section 10 of the Act (codified in the Code of DeKalb County, Georgia, Appendix B, as Section 910), to add new subsections (b) and (c) at the end, to read as follows:
(b) Participant contribution rates upon return to DeKalb County service after a non retirement break in service. When a participant in this plan leaves the service of DeKalb County and then returns to DeKalb County service under this plan following an absence (during which the participant received no benefits under this plan), the participant's pension contributions shall resume, upon his return to DeKalb County service, at the contribution rate then required for members of that participant's group (group 1, 2, or 3, as defined in section 908 of this appendix), in accordance with subsections 910(a) and 915.1 of this appendix.
(c) Participant contribution rates upon return to DeKalb County service after retirement under this plan. Except as specifically provided otherwise in section 18 of the Act, now codified in the Code of DeKalb County, Georgia, appendix B, as section 920, when a participant retires under this plan and then returns to DeKalb County service under this plan following an absence (during which the participant received benefits under this plan), the participant's pension contributions shall resume, upon his return to DeKalb County service, at the contribution rate then required for members of that participant's group (group 1, 2, or 3, as defined in section 908 of this appendix), in accordance with subsections 910(a) and 915.1 of this appendix; such a participant shall not be required or permitted to repay monthly benefits theretofore drawn. ******
By amending Section 15.1 of the Act (codified in the Code of DeKalb County, Georgia, Appendix B, as Section 915.1) to delete the last paragraph of Section 915.1 and replace that deleted paragraph with the following language:
Any participant who becomes a participant in this plan, leaves the service of DeKalb County, and then, on or after September 1, 2005, returns to the service of DeKalb County under this plan following an absence, shall resume participation in this plan as part of the same group of participants (group 1, 2, or 3, as defined in section 908 above) that he was part of immediately before such absence, provided that he did not receive a return of contributions. If any such participant received a return of contributions, he shall resume participation in this plan as a group 2 participant upon return to DeKalb County service between August 31, 2005 and January 1, 2016, and shall resume participation in the plan

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as a group 3 participant upon return to DeKalb County service on or after January 1, 2016, whether or not he restores the amounts that he withdrew with interest.

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 of Court of DeKalb County for the purpose of examination and inspection by the public.

PART V. DATES OF ADOPTION.

This ordinance shall be first presented to the Board of Commissioners of DeKalb County, Georgia on the 14 day of July, 2015, and again on the 28 day of July, 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

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representative of the newspaper in which such notice was published are filed with the Secretary of State.

ADOPTED by the DeKalb County Board of Commissioners this day 28 day of July, 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 30 day of July, 2015.

s/ LEE MAY LEE MAY Interim Chief Executive Officer DeKalb County, Georgia ATTEST: s/ BARBARA 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/ LAURA K. JOHNSON LAURA K. JOHNSON Deputy 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

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copy of an ordinance adopted by said Board meeting lawfully adopted on this 28 day of July, 2015.

And same appears in Minutes of said Board this day of 5 August, 2015.

s/ BARBARA H. SANDERS Clerk of Commissioners DeKalb County, Georgia

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF DEKALB

Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of The proposed amendments would change employee pension contribution rates, effective January 1, 2016 was published in said newspaper on the following date(s): 07/09/15, 07/16/15, 07/23/15

s/ CAROLYN JERNIGAN GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 07/23/15.

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 would change employee pension contribution rates, effective January 1, 2016++; set the pension benefit level for employees hired on or after January 1, 2016; set retirement, disability, and death benefit terms and conditions for employees hired on or after January 1, 2016; clarify how leaving and then

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returning to DeKalb County service impacts pension contribution and benefits; and make other changes for compliance and clarification purposes. The public is hereby further notified that this amendment will be considered by the DeKalb County Board of Commissioners at its regular July 14, 2015 and July 28, 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 amendment 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 August 31, 2015. __________

DEKALB COUNTY PLANNING AND ZONING.

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 GEORGIA, FOUND IN 1956 GEORGIA LAWS PAGE 3332, ET SEQ., AS AMENDED, 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, 1956 Ga. Laws p. 3332, et seq., as amended (hereinafter referred to as "the act"), be and the same is hereby further amended as follows:

PART I. ENACTMENT

By amending Sections 1-14 of the act (codified in the Code of DeKalb County, as Revised 1988, Appendix B, Parts A, B, and C of Division 2, Article XVII, Planning, to add new Sections and Parts to read as follows:

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ARTICLE XVII. - PLANNING DIVISION 1. - GENERALLY

DIVISION 2. - COUNTY PLANNING, ZONING, ETC. Part A. - General Provisions

Sec. 1111. - Definitions. For purposes of this act, [division] the term "street" or "streets" means, relates to, and
includes streets, avenues, boulevards, roads, highways, expressways, lanes, alleys and other ways and also means, relates to, and includes rights-of-way and facilities of or needed in connection with a system of public transportation of passengers for hire; "subdivision" means any division or redivision of a lot, tract, or parcel, regardless of its existing and future use, into two (2) or more lots, tracts or parcels. Where appropriate to context, subdivision may also be used to reference the aggregate of all lots held in common ownership at the time of division.

Secs. 1112 - 1115. Reserved.

Part B. - Planning Commission

Sec. 1116. - Creation and appointment of a municipal-county planning commission. The governing authority of each municipality lying wholly within the limits of DeKalb
County, by ordinance, and the governing authority of DeKalb County, by resolution, are authorized to create a municipal-county planning commission. If created, this act [division] shall be amended to provide for its membership, powers and duties.

Sec. 1117. - The DeKalb County Planning Commission. 1. Composition. There is hereby established a DeKalb County Planning Commission which shall consist of nine (9) members, all residents of DeKalb County, who shall be appointed as follows: a. Each member of the board of commissioners and the chief executive officer shall make one (1) appointment; b. Members appointed by an individual commissioner must reside in the district of the appointing commissioner; and c. One (1) appointment shall be made by the majority vote of the board of commissioners with the concurrence of the chief executive officer. 2. Appointment. A planning commissioner may be removed by the board of commissioners at any time for failure to attend three (3) consecutive meetings or for failure to attend seventy-five (75) percent or more of the meetings within any calendar year or by the elected appointing member of the board of commissioners for any other good cause related to performance of duties. It shall be the duty of the secretary of the planning

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commission to keep a record of the attendance of members and to notify both the planning commissioner and the board of commissioners when any planning commissioner is removed pursuant to the failure to attend meetings requirement of this section. No hearing before the board of commissioners is allowed for a removal for a violation of the failure to attend meetings requirement. Such removal shall be effective ten (10) days following notification by the secretary of the planning commission to the board of commissioners. The appointing elected member of the board of commissioners shall have the authority to remove his or her planning commissioner appointee for cause, other than for failure to attend meetings, by providing written notice of such cause to the secretary and the planning commissioner proposed to be removed. Upon request of the planning commissioner proposed for removal for cause other than for a failure to attend meetings, the board of commissioners shall hold a hearing on the removal before it becomes effective. A planning commissioner appointed pursuant to subsection 1.c. above shall be subject to the removal requirements of this section, but a removal for cause other than for a failure to attend meetings shall require a majority vote of the board of commissioners with the concurrence of the chief executive officer. If a planning commissioner is still serving at the time his/her appointing elected official vacates his/her office, that planning commissioner shall only continue to serve until a successor is appointed and qualified by the incoming elected official. Planning commissioners may be reappointed to successive terms without limitation. Any vacancy in the membership of the planning commission shall be filled for the unexpired term in the same manner as the initial appointment. Members of the planning commission shall hold no other county office or county compensated position. If a planning commission member appointed by an individual elected official moves outside the district of the appointing elected official, or if a planning commissioner appointed pursuant to subsection 1c. moves outside unincorporated DeKalb County, that action shall constitute a resignation from the planning commission, effective immediately. 3. Training. No person shall serve or continue to serve as a member of the planning commission until they have been certified by the planning director as having completed a training session sponsored by the county. 4. Compensation. The governing authority shall determine the amount of compensation, if any, to be paid to the members of the planning commission. 5. Planning commission to hold public hearing and make recommendation on all proposed amendments. No amendment to the text of the county's zoning ordinance, the Official Zoning Map, or the comprehensive plan text or maps shall become effective unless the subject matter of the amendment has been submitted to the planning commission for public hearing and recommendation as required by law. 6. Planning commission to adopt rules of procedure. The planning commission shall conduct its meetings in accordance with the procedures contained in the County's zoning ordinance. The planning commission shall further adopt rules of procedure governing the conduct of its meetings; which rules shall be supplemental to and not conflict with applicable requirements of law. In any case where the rules do not address a procedural

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issue which arises before the planning commission, the most recent edition of Robert's Rules of Order shall govern. The planning commission may from time to time amend its rules by majority vote. A copy of the adopted rules of procedure and any subsequent amendment thereto shall be filed by the secretary of the planning commission with the clerk to the chief executive officer and the board of commissioners, and copies of the rules shall be made available to the public by the secretary of the planning commission and the clerk to the chief executive officer and the board of commissioners. 7. Quorum, voting, and actions by board. A quorum of the planning commission shall consist of at least five (5) members of the commission, except that a lesser amount shall be sufficient to recess or adjourn any meeting; but no official action shall be taken except upon the affirmative vote of at least five (5) members of the planning commission. A roll call vote shall be taken upon the request of any member. If there is not a quorum present, all items shall be rescheduled and re-advertised for the next regular meeting. The planning commission shall meet at scheduled times approved annually by the board of commissioners and at such other times as the chairman of the planning commission may determine. 8. Annual organizational meeting. At its first regular meeting of each January, the planning commission shall, by majority vote of its membership, elect one (1) of its members to serve as chairperson to preside over the commission's meetings and one (1) member to serve as vice chairperson. The persons so elected shall serve in these capacities for terms of one (1) year or until a replacement is elected. Vacancies may be filled for the unexpired terms only by majority vote of the planning commission membership. The chairperson and vice chairperson may take part in all deliberations and vote on all issues. The chairperson and the vice-chairperson may each be elected to successive terms without limitation. 9. Secretary of planning commission; staff support. The director of planning or his/her designee shall serve as secretary of the planning commission. The planning department staff shall provide support to the planning commission as reasonable and necessary to accomplish said commission's duties. The planning department staff shall provide the members of the planning commission with all information submitted to, or generated by, county staff on each proposed amendment the planning commission considers, including but not limited to a copy of the application and the proposed amendment. The planning department staff shall make audio or video recordings and keep minutes of the proceedings of the planning commission, showing the vote of each member upon each item, or, if a member is absent or fails to vote, indicating such fact, and shall keep records of the planning commission official actions and evidence submitted, all of which shall be filed in the office of the planning department and shall be a public record.

Sec. 1118. - Principal powers and duties. 1. It shall be the function and duty of the county planning commission to review and/or
recommend such careful and comprehensive surveys and studies of existing conditions and

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probable future developments and to review and/or recommend such plans for physical, social and economic growth as will best promote the public health, safety, morals, convenience, prosperity, or the general welfare as well as efficiency and economy in the development of its political jurisdiction. In particular, the planning commission shall have the power and duty to:
(a) Review the proposed comprehensive plan or parts thereof and recommend the plan or parts thereof for the development of its political jurisdiction to the chief executive officer and board of commissioners. (b) Review and/or recommend for adoption to the board of commissioners a zoning ordinance or resolution and map for its political jurisdiction or a specified portion thereof. (c) Review and/or recommend for adoption to the board of commissioners regulations for the subdivision of land within the county and to apply the regulations that may be adopted. (d) Review and/or recommend for adoption to the goveming authority an official map (other than a plat or plats) showing the exact location of the boundary lines of existing, extended, widened or narrowed streets, public open spaces or public building sites, together with regulations to control the erection of buildings or other structures within such lines, within the county or a specified portion thereof. (e) Review and/or recommend for approval to the board of commissioners special land use permits and make other recommendations as required or requested by the board of commissioners, pursuant to its general planning and zoning powers.

Sec. 1119. - Miscellaneous powers. The planning commission may recommend to the executive or legislative officials of the
county for public improvements and the financing thereof. All public officials and employees shall, upon request, furnish to the planning commission within a reasonable time, such available information as it may require for its work. The planning commission, and its members and county employees in the performance of their functions, may enter upon any land, and make reasonable examinations and surveys thereof and place and maintain necessary monuments and marks thereon. Neither the planning commission nor the county shall be authorized to allow trespass, nor shall they be liable for any injury or damage resulting from third parties entering upon any such land. Nothing herein shall prohibit the planning commission from accepting written evidence from third parties. The planning commission shall have such powers as may be necessary to enable it to perform its official functions and promote the planning of the county.

Sec. 1120. - Reports on matters referred to it. The governing authority may, by ordinance or resolution, provide for the reference of any
matter or class of matters to the planning commission serving its political jurisdiction before final action by the public body or officer having final authority thereon, with the provision that final action thereon shall not be taken until said planning commission has submitted its

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report thereon or has had a reasonable time, to be fixed in said ordinance or resolution, to submit the report.

Sec. 1121. - Master plan. The comprehensive plans adopted by the county shall serve as a guide to the performance
of the duties of the county planning commission.

Secs. 1122-1125. - Reserved.

Part C. - Zoning

Sec. 1126. - Grant of power. For the purpose of promoting the health, safety, morals, convenience, order, prosperity, or
general welfare of the county, the board of commissioners are hereby empowered, in accordance with the conditions and the procedure specified in this act [division], to regulate the location, height, bulk, number of stories, and size of buildings and other structures, the percentage of lot which may be occupied, the size of the yards, courts and other open spaces, the density and distribution of population, and the uses of buildings, structures, and land for trade, industry, residence, recreation, agriculture, forestry, conservation, water supply, sanitation, protection against floods, public activities, and other purposes. Such regulations shall be made in accordance with a comprehensive plan and shall be designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the over-crowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, school, parks, and other public requirements. Such regulations shall be made with reasonable consideration of, among other things, the character of the district and its peculiar suitability for particular uses, and with a view to promoting desirable living conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, conserving the value of buildings, and encouraging the most appropriate use of land and other buildings and structures throughout the unincorporated area of the county.

Sec. 1127. - Plan and ordinance. Whenever the county planning commission makes and certifies to its board of
commissioners a zoning plan, including both the text of the recommended zoning ordinance or resolution, or both, and the maps, for the entire unincorporated area of the county or for any census tract or tracts within the county or for land or water areas five hundred (500) feet wide on either side of any state or county highway or section of such highway or land or water areas five hundred (500) feet wide on either side of any water line of a stream or water reservoir or section thereof within the unincorporated area of the county, then the board of commissioners of the county may exercise the powers granted to them in section 7 [ 1126]

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of this act [division] and, for the purposes therein mentioned may divide the county or above-specified portions of county into districts of such number, shape and size as it may determine, and within such districts it may regulate the erection, construction, alteration and use of buildings and structures and the uses of land. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one (1) district may differ from those in other districts. The lawful use of any land, building or structure that was existing and lawful at the time of the enactment or amendment of zoning regulations may, except as hereinafter provided, be continued although such use does not conform with the provisions of such regulations or amendments (hereinafter called a nonconforming use). The governing authority of the county may provide in the zoning ordinance or resolution for the regulation of the continuance, restoration, extension or substitution of a nonconforming use. Such governing authority may also provide for the termination of any use of a building or structure or land that is not in conformity with the regulations of the district within which it is located, either by specifying the period or periods in which the nonconforming use shall be required to cease, or by providing a formula or formulas whereby the compulsory termination of a nonconforming use may be so fixed as to allow for the recovery or amortization of the investment in such nonconforming use.

Sec. 1128. - Action by the planning commission. 1. The secretary of the planning commission shall provide the members of the planning commission complete information on each proposed rezoning, zoning map amendment or amendments to the comprehensive map plans by the planning commission, including a copy of the application and all supporting materials. The planning commission, after conducting a public hearing with prior public notice as required by applicable law, shall consider the proposal and vote on its recommendation to the board of commissioners. Deferral of an application by the planning commission shall not be binding on the board of commissioners. The planning commission may recommend approval of the application, approval to a less intense zoning district or land use category than that requested by the applicant, approval of the application with conditions, denial of the application, deferral of the application, or, upon request of the applicant, withdrawal of the application without prejudice. In its recommendation of any application, the planning commission may recommend the imposition of conditions in accordance with applicable requirements of law. All findings and recommendations of the planning commission relating to amendments to the Official Zoning Map shall be made based on each of the standards and factors required by law and/or contained in the county's zoning ordinance. All recommendations of the planning commission relating to amendments to the comprehensive plan maps shall be made based on each of the standards and factors required by law and/or contained in the county's zoning ordinance. The secretary of the planning commission shall make and maintain a written record of the planning commission's consideration and recommendations, which shall be public record.

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2. Planning staff shall provide the members of the planning commission complete information on each proposed application for a special land use permit that the commission considers, including a copy of the application and all supporting materials. The planning commission, after conducting a public hearing with prior public notice, as required by applicable law, shall vote on its recommendation to be provided to the board of commissioners. The planning commission may recommend approval of the application, approval of the application with conditions, denial of the application, or deferral of the application. The planning commission may recommend the imposition of conditions based upon the facts of a particular application in accordance with applicable law and the county's zoning ordinance. The planning commission's recommendation on each application shall be based on a determination as to whether or not the applicant has met the applicable criteria contained in the county's zoning ordinance and the requirements of the zoning district in which such use is proposed to be located.

Sec. 1129. - Zoning Board of appeals. 1. Composition. There is hereby established a zoning board of appeals which shall consist of seven (7) members, each of whom shall be a resident of the county. Each member of the zoning board of appeals of commissioners shall make one (1) appointment to the zoning board of appeals of an individual who shall reside in the appointing commissioner's district. 2. Appointment. A member of the zoning board of appeals may be removed by the board of commissioners at any time for failure to attend three (3) consecutive meetings or for failure to attend seventy-five (75) percent or more of the meetings within any calendar year or by the elected appointing member of the board of commissioners for any other good cause related to performance of duties. It shall be the duty of the secretary of the zoning board of appeals to keep a record of the attendance of members and to notify both the zoning board of appeals member and the board of commissioners when any zoning board of appeals member is removed pursuant to the failure to attend meetings requirement of this section. No hearing before the board of commissioners is allowed for a removal for a violation of the failure to attend meetings requirement. Such removal shall be effective ten (10) days following notification by the secretary of the zoning board of appeals to the board of commissioners. The appointing elected member of the board of commissioners shall have the authority to remove his/her zoning board of appeals appointee for cause, other than for failure to attend meetings, by providing written notice to the secretary and the zoning board of appeals member proposed to be removed. Upon request of the zoning board of appeals member proposed for removal for cause other than for a failure to attend meetings, the board of commissioners shall hold a hearing on the removal before it becomes effective. If a member of the zoning board of appeals is still serving at the time his/her appointing elected official vacates his/her office, that member of the zoning board of appeals shall only continue to serve until a successor is appointed and qualified by the incoming elected official. Members of the zoning board of appeals may be reappointed to

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successive terms without limitation. Any vacancy in the membership of the zoning board of appeals shall be filled for the unexpired term in the same manner as the initial appointment. Members of the zoning board of appeals shall hold no other county office or county compensated position. If a member of the zoning board of appeals appointed by an individual elected official moves outside the district of the appointing elected official, that action shall constitute a resignation from the zoning board of appeals, effective immediately. 3. Training. No person shall serve or continue to serve as a member of the zoning board of appeals until they have been certified by the planning director as having completed a training session sponsored by the county. 4. Compensation. The governing authority shall determine the amount of compensation, if any, to be paid to the members of the zoning board of appeals. 5. Meetings of the zoning board of appeals. The zoning board of appeals shall meet each month at a standard day and time to be determined by the board. The chairperson may, when necessary, call for special meetings of the zoning board of appeals. A meeting may be canceled by the chairperson if there are no matters to be acted upon by the zoning board of appeals. 6. Rules of procedure. The zoning board of appeals shall conduct its meetings in accordance with the procedures required by this act [division] or other applicable law. The zoning board of appeals shall further adopt rules of procedure governing the conduct of its meetings, which rules shall be supplemental to and not conflict with applicable law. In any case where the rules do not address a procedural issue which arises before the zoning board of appeals, the most recent edition of Robert's Rules of Order shall govern. The zoning board of appeals may from time to time amend its rules by majority vote. A copy of the adopted rules of procedure and any subsequent amendment thereto shall be filed by the secretary of the zoning board of appeals with the clerk to the chief executive officer and the board of commissioners, and copies of the rules shall be made available to the public by the secretary of the zoning board of appeals and the clerk to the chief executive officer and the board of commissioners. 7. Hearings open to public. All meetings of the zoning board of appeals shall be open to the public, and the agenda for each board meeting shall be made available to the public at least fifteen (15) days prior to any meeting of the zoning board of appeals. Notice of all meetings of the zoning board of appeals shall be given in accordance with the applicable requirements of law and the county's zoning ordinance. 8. Quorum, voting, and actions by zoning board of appeals. A quorum of the zoning board of appeals shall consist of at least four (4) members of the board, except that a lesser amount shall be sufficient to recess or adjourn any meeting; but no official action shall be taken except upon the affirmative vote of at least four members of the zoning board of appeals. A roll call vote shall be taken upon the request of any member. If there is not a quorum present, all items shall be rescheduled and re-advertised for the next regular meeting.

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9. Annual organizational meeting. At its first regular meeting of each January, the zoning board of appeals shall, by majority vote of its membership, elect one (1) of its members to serve as chairperson to preside over the zoning board of appeals' meetings and one (1) member to serve as vice chairperson. The persons so elected shall serve in these capacities for a term of one (1) year or until a replacement is elected. Vacancies may be filled for the unexpired terms only by majority vote of the board membership. The chairperson and vice chairperson may take part in all deliberations and vote on all issues. The chairperson and the vice-chairperson may be elected to successive terms without limitation.
10. Staff support. The director of planning or his/her designee shall serve as secretary to the zoning board of appeals. The planning department staff shall make audio or video recordings and keep minutes of the proceedings of the board, showing the vote of each member upon each item, or if absent or failing to vote, indicating such fact, and shall keep records of its official actions and evidence submitted, all of which shall be filed in the office of the planning department and shall be a public record.
11. Staff analysis, findings of fact, and recommendation on each application for a variance. The staff of the planning department shall conduct a site inspection of and shall prepare an analysis of each application for a variance applying the applicable criteria and standards set forth in the county's zoning ordinance to each such application. Staff shall present its findings and recommendations in written form to the zoning board of appeals at least seven (7) days prior to the public hearing thereon. Notwithstanding staff's obligations to present its findings and recommendation, the failure to timely do so shall not nullify the zoning board of appeals' action on the item, constitute a ground for denial, or constitute grounds for appeal of a decision by the zoning board of appeals.

Sec. 1130. - Power of the Zoning Board of Appeals. The zoning board of appeals shall have the following powers: 1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination by an administrative official in the enforcement of any ordinance or resolution adopted pursuant to this Act [division], including, but not limited to, article II of chapter 14, chapter 21, chapter 27, and of the Code of DeKalb County, Georgia as Revised 1988. 2. To be named as a defendant but only limited to actions filed in the Superior Court of DeKalb County, Georgia seeking a writ of mandamus concerning final decisions made by the zoning board of appeals on variances, special exceptions, or appeals. 3. To hear and decide special exceptions to the terms of the ordinance or resolution upon which such board is required to pass under such ordinance or resolution. 4. Hear and decide applications for variances from the strict application of the regulations of zoning or sign ordinances or resolutions where the strict application of any regulation enacted under said ordinances or resolutions would result in exceptional and undue hardship upon the owner of such property. The zoning board of appeals may attach reasonable conditions to any approved variance or special exception. Once imposed,

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conditions shall become an integral part of the approved variance or special exception and shall be enforced as such. No changes to an approved condition attached to a variance or special exception shall be authorized except by re-application to the zoning board of appeals in full accordance with the provisions of the zoning ordinance. No variance shall be granted by the zoning board of appeals:
a. To hear and decide appeals where it is alleged by an aggrieved party that there is error in any final order, requirement, or decision made by the director based on or made in the enforcement of the tree protection ordinance, Code of DeKalb County, Georgia, chapter 14, Article II, section 14-39; b. To consider requests for special exception for the removal of a specimen tree located in a protected zone, pursuant to the tree protection ordinance, chapter 14, article II, section 14-39 of the Code of DeKalb County, as Revised 1988; or c. To authorize permits for tree harvesting in accordance with the standards set forth in the tree protection ordinance, Code of DeKalb County, as Revised 1988 chapter 14, article II, section 14-39; and d. No relief may be granted or action taken pursuant to an appeal of an administrative decision, application for variance, or application for special exception unless such relief can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zoning ordinance and the comprehensive plan text. 5. Special exceptions shall be authorized only upon making of a finding that the application makes satisfactory provisions and arrangements concerning each of the following factors: a. Adequacy of the size of the site for the use contemplated and whether or not adequate land area is available for the proposed use, including provision of all required yards, open space, off-street parking, and all other applicable requirements of the zoning district in which the use is proposed to be located; b. Compatibility of the proposed use with adjacent properties and land uses and with other properties and land uses in the district; c. Adequacy of public services, public facilities, and utilities to serve the use contemplated; d. Adequacy of the public street on which the use is proposed to be located and whether or not there is sufficient traffic-carrying capacity for the use proposed so as not to unduly increase traffic and create congestion in the area; e. Whether or not existing land uses located along access routes to the site will be adversely affected by the character of the vehicles or the volume of traffic generated by the proposed use; f. Ingress and egress to the subject property and to all proposed buildings, structures, and uses thereon, with particular reference to pedestrian and automotive safety and convenience, traffic flow and control, and access in the event of fire or other emergency;

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g. Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of noise, smoke, odor, dust, or vibration generated by the proposed use; h. Whether or not the proposed use will create adverse impacts upon any adjoining land use by reason of the hours of operation of the proposed use; i. Whether or not the proposed use will create adverse irnpacts upon any adjoining land use by reason of the manner of operation of the proposed use; j. Whether or not the proposed plan is otherwise consistent with the requirements of the zoning district classification in which the use is proposed to be located; k. Whether or not the proposed use is consistent with the policies of the comprehensive plan; l. Whether or not the proposed plan provides for all required buffer zones and transitional buffer zones where required by the regulations of the district in which the use is proposed to be located; m. Whether or not there is adequate provision of refuse and service areas; n. Whether the length of time for which the special land use permit is granted should be limited in duration; o. Whether or not the size, scale, and massing of proposed buildings are appropriate in relation to the size of the subject property and in relation to the size, scale, and massing of the adjacent and nearby lots and buildings; p. Whether the proposed plan will adversely affect historic buildings, sites, districts, or archaeological resources; q. Whether the proposed use satisfies the requirements contained within the supplemental regulations of the zoning ordinance for such special land use permit; and r. Whether or not the proposed use, as a result of its proposed height, will create a shadow impact on any adjoining lot or building.

Sec. 1131. - Appeals to the Zoning Board of Appeals. 1. General Power. The zoning board of appeals shall have the power and duty to hear and decide appeals where it is alleged by the appellant that there is error in any final order, requirement, or decision made by an administrative official based on or made in the enforcement of the county's zoning ordinance, or as otherwise authorized by applicable law. Administrative officials must make final decisions covered by this section within one hundred and eighty (180) days of receipt of all necessary information to make such decision. A failure to act prior to the passage of one hundred and eighty (180) days shall not be construed to be a final order, requirement or decision within the meaning of this division. If a decision is not made by the 181st day, the requested decision is deemed denied, and becomes appealable. 2. Appeals of decisions of administrative officials. Appeals of decisions of administrative officials may be filed by (1) any person aggrieved by; (2) any elected member of the DeKalb County Governing Authority affected by; or (3) any owner of property within two hundred and fifty (250) feet of the nearest property line of the property, that is the subject

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of any final order, requirement, or decision of an administrative official, based on or made in the enforcement of the county's zoning ordinance, by filing with the secretary of the zoning board of appeals an application for appeal, specifying the grounds thereof, within fifteen (15) days after the action was taken by the official that is the subject of the appeal. 3. Testimony and burden of proof. The standards and requirements of this Zoning Ordinance and decisions made by public officials are presumed to be valid and just. It shall be the responsibility of any applicant seeking relief to assume the burden of proof and rebut this presumption by presenting sufficient facts and evidence to explain how the proposed appeal or variance is consistent with the general spirit and intent of this Zoning Ordinance and the comprehensive plan. 4. Review. It is the duty of the zoning board of appeals to review such facts and evidence in light of the intent of the county's zoning ordinance to balance the public health, safety, and general welfare against the injury to a specific applicant that would result from the strict application of the provisions of the county's zoning ordinance to the applicant's property. 5. Appeal stays all legal proceedings. An appeal of a decision of an administrative official stays all legal proceedings in furtherance of the action or decision appealed from unless the official from whom the appeal is taken certifies to the zoning board of appeals, after notice of appeal has been filed, that by reason of facts stated in the certificate, a stay would, in that official's opinion, cause imminent peril to life or property. In such a case, legal proceedings shall be stayed only pursuant to a restraining order granted by a court of competent jurisdiction directed to the officer from whom the appeal is taken and on due cause shown. 6. Appeal stays land disturbance or construction activity in certain situations. If the action or decision appealed from permits land disturbance or construction activity to commence or continue on residentially zoned property, the appeal stays the land disturbance or construction activity until the zoning board of appeals issues a decision on the appeal. Thereafter, land disturbance or construction activity in such cases shall only be stayed by an order from a court of competent jurisdiction. In all cases involving non-residentially zoned property, the appeal to the zoning board of appeals does not stay land disturbance or construction activity; such activity shall only be stayed by an order from a court of competent jurisdiction. 7. Time of hearing. The zoning board of appeals shall fix a reasonable time for the hearing of the appeal and give notice thereof pursuant to the applicable requirements of law as well as written notice to the appellant. Any party may appear at the hearing in person, by an agent, by an attorney, or by the submission of written documentation. 8. Decision of the zoning board of appeals. Following the consideration of all testimony, documentary evidence, and matters of record, the zoning board of appeals shall make a determination on each appeal and shall issue a written decision explaining the reasons for its decision. The zoning board of appeals shall decide the appeal within a reasonable time, but in no event more than sixty (60) days from the date of the hearing. An appeal shall be

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sustained only upon an expressed finding by the zoning board of appeals that the administrative official's action was based on an erroneous finding of a material fact, that the administrative official erroneously applied the county's zoning ordinance to the facts, or that the administrative official acted in an arbitrary manner. In exercising its powers, the zoning board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and to that end shall have all the powers of the administrative official from whom the appeal was taken and may issue or direct the issuance of a permit, provided all requirements imposed by any applicable laws are met.

Sec. 1132. - Applications for variances; and criteria to be used by the zoning board of appeals in deciding applications for variances.
1. The zoning board of appeals shall hear and decide applications for variances from the strict application of the regulations of the county's zoning ordinance and chapter 21 of the Code of DeKalb County, as Revised 1988, where the strict application of any regulation enacted under said chapters would result in exceptional and undue hardship upon the owner of such property. In determining whether or not to grant a variance, the zoning board of appeals shall apply the criteria specified in this section to the facts of each case. The zoning board of appeals may attach reasonable conditions to any approved variance in accordance with applicable law. Once imposed, conditions shall become an integral part of the approved variance and shall be enforced as such. No changes to an approved condition attached to a variance shall be authorized except by re-application to the zoning board of appeals in full compliance with the applicable provisions of this division. No relief may be granted or action taken under the terms of this division unless such relief can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the county's zoning ordinance and the comprehensive plan. The zoning board of appeals shall apply the following criteria to the types of applications specified below as follows:
a. Variances from the provisions or requirements of the county's zoning ordinance other than variances described in section 27-7.5.4 of the county's zoning ordinance shall be authorized only upon making all of the following findings in writing:
(1) By reason of exceptional narrowness, shallowness, or shape of a specific lot, or by reason of exceptional topographic and other site conditions (such as, but not limited to, floodplain, major stand of trees, steep slope), which were not created by the owner or applicant, the strict application of the requirements of the county's zoning ordinance would deprive the property owner of rights and privileges enjoyed by other property owners in the same zoning district. (2) The requested variance does not go beyond the minimum necessary to afford relief, and does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the zoning district in which the subject property is located.

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(3) The grant of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the zoning district in which the subject property is located. (4) The literal interpretation and strict application of the applicable provisions or requirements of the county's zoning ordinance would cause undue and unnecessary hardship. (5) The requested variance would be consistent with the spirit and purpose of the county's zoning ordinance and the DeKalb County Comprehensive Plan text. 2. Fair Housing Act Accommodation Variance. Notwithstanding any other provision of law to the contrary, the zoning board of appeals may grant a variance to the limitations of the county's zoning ordinance that might have a discriminatory impact on a handicapped person, as that term is defined in the Federal Fair Housing Act, including but not limited to Sections 27-4.2.41 and 27-4.2.48 of the county's zoning ordinance as well as the terms defined therein. A Fair Housing Act Accommodation Variance shall be issued if the applicant for such a variance shows a documented need for accommodation based on medical or scientific studies, that the requested accommodation is the minimum necessary variance from the restrictions of the Code, that the requested accommodation does not impose an undue burden or expense on the County or its citizens, and that the requested accommodation does not effectively create a fundamental alteration of the existing zoning scheme. An application for a Fair Housing Act Accommodation Variance shall comply with all other procedural requirements for consideration and approval of variances in this division.

Sec. 1133. - Limitations of authority of the zoning board of appeals. No variance shall be granted by the zoning board of appeals to: 1. Allow a structure or use not listed as a permitted use or a special use in the applicable zoning district or a density of development that is not authorized within such district. This prohibition does not apply to any variance from the supplemental regulations of Article 4 of the county's zoning ordinance or from any other accessory feature or characteristic of a permitted or special use, unless said variance is otherwise prohibited by the regulations of the county's zoning ordinance. 2. Allow any variance which conflicts with or changes any requirement enacted as a condition of zoning or of a special land use permit by the board of commissioners. 3. Reduce, waive, or modify in any manner the minimum lot width unless the purpose is to reverse a lot merger. 4. Reduce, waive, or modify in any manner the minimum lot area established by the county's zoning ordinance. 5. Extend the time period for a temporary outdoor social, religious, entertainment, or recreation activity approved by the director of planning.

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6. Permit the expansion or enlargement of any nonconforming use of land, nonconforming use of land and buildings in combination, nonconforming use of land and structures in combination, or nonconforming use requiring special land use permit. 7. Permit the reestablishment of any nonconforming use of land, nonconforming use of land and buildings in combination, nonconforming use of land and structures in combination, or nonconforming use requiring special land use permit where such use has lapsed pursuant to the requirements and limitations of Article 8 of the county's zoning ordinance. 8. Permit customer contact for a home occupation authorized by the county's zoning ordinance. 9. Allow any variance to increase the height of a building which will result in adding a story.

Sec. 1134. - Decision by the zoning board of appeals. Each application presented to the zoning board of appeals regarding a variance shall be scheduled for a public hearing within sixty (60) days of the filing of a complete application and shall be supported by findings and conclusions which shall be a part of the record established by the zoning board of appeals for each application. The zoning board of appeals shall grant or deny the variance in writing. In its written variance decision, the zoning board of appeals must include findings of fact citing evidence of compliance with all applicable criteria imposed by this chapter or other applicable provisions of law. The zoning board of appeals may adopt the findings of fact of the staff or the applicant; may adopt the findings of fact of the staff or applicant with modifications; or may adopt a separate set of facts developed by the zoning board of appeals. In such case that an application to the zoning board of appeals is initiated due to an existing violation of the county's zoning ordinance and such application is denied, the violation shall be required to be corrected within thirty (30) days of such denial or as specified by the zoning board of appeals if a greater time period is required. The maximum extension of time the zoning board of appeals may grant for correction shall be ninety (90) days.

Sec. 1135. - Appeals of final decisions of the zoning board of appeals. Only persons aggrieved by a final decision of the zoning board of appeals may seek review of such decision by petitioning the Superior Court of DeKalb County by writ of mandamus, setting forth plainly the alleged errors. Such petition shall be filed within thirty (30) days after the final decision of the zoning board of appeals is rendered. "Aggrieved Person" means a person who either: (a) is the applicant or the owner of property that is the subject of an application or a decision by a county administrative official; (b) has a substantial interest in an action appealed from and is in danger of suffering special damage or injury not common to all property owners similarly situated; or (c) is a member of the governing authority of DeKalb County, as that term is defined in section 1 of the Organizational Act

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of DeKalb County, in whose district the subject property is located and whose substantial interest is his/her responsibility to insure faithful administration of the law.

Sec. 1136. - Enforcement and remedies. The governing authority of the county may provide for the enforcement of any ordinance
or resolution adopted pursuant to the provisions of this act [division] by means of the withholding of building permits and occupancy permits, and for such purpose may establish and fill the position of building inspector, individually or jointly. From and after the establishment of such position and the filing of the same, it shall be unlawful to construct, reconstruct, or alter any building or other structure without first obtaining a building permit from such building inspector or to use such building or structure or any land without first obtaining an occupancy permit from such building inspector; and such building inspector shall not issue any permit unless the requirements of this act [division] and of any ordinance or resolution adopted pursuant to it are complied with. A violation of any ordinance or resolution adopted pursuant to the provisions of this act [division] is hereby declared to be a misdemeanor and upon conviction thereof, shall be punished as provided by law. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure or land is or is proposed to be used in violation of any ordinance or resolution adopted pursuant to this act [division], the building inspector, county attorney, or other appropriate authority of the county or any adjacent or neighboring property owner who would be especially damaged by such violation may, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate such violation, or to prevent the occupancy of said building, structure, or land. Each and every day such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use continues shall be deemed a separate offense. The owner of any buildings or premises or parts thereof, where anything in violation of the county's zoning ordinance exists, and any architect, builder, contractor or any other agent of the owner, or any tenant, who commits or assists in the commission of any violation, shall be guilty of a separate offense. In addition, the county may revoke the DeKalb County business license of any entity found guilty of violating the county's zoning ordinance in accordance with the procedures of this subsection for a period of time not to exceed five (5) years, except to the extent prohibited by law.

Sec. 1137. - Conflict with other laws. Whenever the regulations made under authority of this act [division] require a greater width
or size of yards, courts, or other open spaces, or require a lower height of buildings or smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose other more restrictive standards than are required in or under any other statute, the regulations made under authority of this act (division] shall govern. Whenever the provisions

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of any other statute require more restrictive standards than are required by the regulations made under authority of this act [division], the provisions of such statute shall govern.

PART II. REPEALER

All laws or parts of laws in conflict with this ordinance are hereby repealed.

PART III. SEVERABILITY

Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the ordinance as a whole, nor any part thereof, other than the part so declared to be invalid or unconstitutional. In the event this ordinance is challenged and struck in its entirety, Sections 1 through 14 of 1956 Ga. Laws, p. 3332, et seq., as amended on or before April 1, 2015 shall be the home rule ordinance governing zoning and land use in DeKalb County, unless and until further action is taken by the board of commissioners to amend or repeal its provisions.

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 Board of 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 shall state that a copy of the proposed amendment is on file in the office of the Clerk of Superior Court of DeKalb County for the purpose of examination and inspection by the public.

PART V. DATES OF ADOPTION

This ordinance shall be first presented to the Board of Commissioners of DeKalb County, Georgia, on the 11th day of August, 2015, and again on the 25th day of August, 2015, at the regular time and place of the meeting of the Board of Commissioners of DeKalb County, Georgia.

PART VI. 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

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representative of the newspaper in which such notice was published are filed with the Secretary of State.

ADOPTED by the DeKalb County Board of Commissioners, this 25th day of August, 2015.

s/ LARRY JOHNSON LARRY JOHNSON, MPH Presiding Officer Board of Commissioners DeKalb County, Georgia

APPROVED by the Chief Executive Officer of DeKalb County, this 26th day of August, 2015.

ATTEST:

s/ LEE MAY LEE MAY Interim Chief Executive Officer DeKalb County, Georgia

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/ ANDREW A. BAKER ANDREW BAKER Director of Planning and Sustainability DeKalb County, Georgia

APPROVED AS TO FORM:

s/ O.V. BRANTLEY O.V. BRANTLEY County Attorney

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AFFIDAVIT

August 31, 2015

The Secretary of State Atlanta, GA

As County Clerk to the Board of Commission and Chief Executive Officer, I am attaching a true and correct copy of the Home Rule Ordinance which was included with the DeKalb County Zoning Ordinance brought before the Board of Commissioners on August 11, 2015 and August 25, 2015.

This Ordinance was voted on and passed at each meeting, culminating by the Board of Commissioners on August 25, 2015.

s/ BARBARA H. SANDERS Barbara H. Sanders, CCC, CMC Clerk to the Board of Commissioners and Chief Executive Officer

Subscribed and sworn to before me this 31st day of August 2015,

s/ DORIS G. BLACKMAN Notary Public Signature (seal) [SEAL]

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF DEKALB

Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of TA-13-18557 Review the 2015 zoning maps and the suggested revisions to sections was published in said newspaper on the following date(s): 07/23/15, 07/30/15, 08/06/15, 08/13/15, 08/20/15

s/ CAROLYN JERNIGAN GLENN CAROLYN J. GLENN, PUBLISHER

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Sworn to and subscribed before me this 08/20/15,

s/ JACQUELINE BRYANT Notary Public

My commission expires September 22, 2018 [SEAL]

PUBLIC NOTICE HOME RULE
ORDINANCE ADOPTION

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 (1956 Ga. Laws p. 3332, et seq., as amended)++relating to the authority, powers, composition and removal of members of the DeKalb County Planning Commission and the DeKalb County Zoning Board of Appeals.++ Specifically, this proposed amendment sets forth the method of appointment and removal of members of the Planning Commission and the Zoning Board of Appeals. The amendment also identifies and clarifies the powers, duties, and authority of the Planning Commission and the Zoning Board of Appeals and delineates procedures for the Planning Commission and the Zoning Board of Appeals to use when reviewing and deciding matters pending before either entity. The public is hereby further notified that this amendment will be considered for adoption by the DeKalb County Board of Commissioners at its regular August 11, 2015 and August 25, 2015 meetings at 10:00 a.m. Pursuant to the provisions of the Home Rule for Counties Amendment of the Georgia Constitution, it is necessary for the Board of Commissioners to adopt an ordinance containing an amendment to a local act of the Georgia Assembly at two regular consecutive meetings, held not less than seven (7) nor more than sixty (60) days apart. The public is hereby further notified that a copy of said proposed amendment is on file in the office of the clerk of DeKalb County Superior Court, DeKalb 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 August 31, 2015. __________

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MACON-BIBB COUNTY MACON-BIBB COUNTY PENSION PLAN; STATE COURT JUDGES; SUPPLEMENTAL RETIREMENT BENEFITS.

SPONSOR: COMMISSIONER GARY BECHTEL

COMMITTEE AMENDMENT

AN ORDINANCE OF THE MACON-BIBB COUNTY COMMISSION TO AMEND APPENDIX I OF THE CHARTER OF MACON-BIBB COUNTY, (GA. L. 2012, P. 5595, AS AMENDED), RELATING TO THE MACON BIBB-COUNTY PENSION PLAN PURSUANT TO THE AUTHORITY GRANTED MACON-BIBB COUNTY UNDER THE GEORGIA PUBLIC RETIREMENT SYSTEMS STANDARDS ACT, O.C.G.A. SEC. 47-20-1, ET SEQ., AND ARTICLE IX, SECTION II, PARAGRAPH I OF THE CONSTITUTION OF THE STATE OF GEORGIA SO AS TO ALLOW STATE COURT JUDGES TO RECEIVE SUPPLEMENTAL RETIREMENT BENEFITS IN THE SAME MANNER AS SUPERIOR COURT JUDGES; AND FOR OTHER PURPOSES.

WHEREAS, Section 35 of the Charter of Macon-Bibb County, (Ga. L. 2012, p. 5595, as amended), specifically authorizes the Macon-Bibb County Commission to adopt an ordinance amending the Charter of Macon-Bibb County under Home Rule authority as provided for in Article IX, Section II, Paragraph I of the Constitution of the State of Georgia; and

WHEREAS, the Macon-Bibb County Commission desires to amend Appendix I of the Charter of Macon-Bibb County relating to the Macon-Bibb County Pension Plan to allow State Court Judges to receive supplemental retirement benefits in the same manner as Superior Court Judges; and

NOW THEREFORE, BE IT ORDAINED by the Macon-Bibb County Commission and it is hereby so ordained by the authority of the same that the following amendments are hereby made to Appendix I of the Charter of Macon-Bibb County, (Ga. L. 2012, p. 5595, as amended), relating to the Macon-Bibb County Pension Plan pursuant to the authority granted Macon-Bibb County under the Georgia Public Retirement Systems Standards Act, O.C.G.A. Sec. 47-20-1, et seq., and Article IX, Section II, Paragraph I of the Constitution of the State which grants Home Rule Authority to Counties by:

Section 1. Amending the definition for "Eligible Employee" under Article 1 of Appendix I by adding a new subsection (i), ("under the first paragraph which begins "Eligible Employee means, except as noted in the following paragraph, the following:"), to read as follows:

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(i) Judges of the Macon-Bibb County State Court.

Section 2. Amending the definition for "Eligible Employee" under Article 1 of Appendix I by deleting subsection (l), (under the second paragraph which begins "Notwithstanding the foregoing, the following employees shall not be Eligible Employees:"), and replacing it with a new subsection (l) to read as follows: (l) The Judge and Solicitor of the State Court of the County and personnel of their
respective offices, except as provided in Section 5.02 (d);

Section 3. Amending the definition for "Normal Retirement Age" under Article 1 of Appendix I by adding a new paragraph at the end of the existing definition for "Normal Retirement Age" to read as follows:

Except for Superior Court Judges and State Court Judges, 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. For Superior Court Judges and State Court Judges, in no event shall the Participant's Normal Retirement Age be earlier than the tenth anniversary of the Eligible Employee's first date of hire by the Employer.

Section 4. Amending Section 5.02 under Article 5 of Appendix I by deleting Section 5.02 in its entirety and replacing it with a new Section 5.02 to read as follows:

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 and State Court Judges) hired prior to May 1, 2011, (including fully vested former Participants who Terminated Employment before May 1, 20l1, 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 and State 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.

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(c) For Superior Court Judges, two-thirds of the amount paid as a local supplement to active Superior Court Judges by Macon-Bibb County for the life of such Superior Court Judge. (d) For State Court Judges, two-thirds of the amount paid to active State Court Judges by Macon-Bibb County in excess of the pensionable salary used by the Georgia Judicial Retirement System for retirement benefits under that retirement system, for the life of such State Court Judge. 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.

Section 5. 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 6. 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 7. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed.

Section 8. 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 March, 2016.

s/ ROBERT A.B. REICHERT ROBERT A.B. REICHERT, MAYOR

ATTEST: s/ JANICE L. ROSS JANICE ROSS, CLERK OF COMMISSION

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SECOND PASSAGE OF CHARTER AMENDMENT SO ORDAINED this 15th day of March, 2016.

s/ ROBERT A.B. REICHERT ROBERT A.B. REICHERT, MAYOR

ATTEST: s/ JANICE L. ROSS JANICE ROSS, 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: 2/27; 3/5, 12

SIGNED s/ DIANNE BUCK

SWORN TO AND SUBSCRIBED BEFORE ME THIS 6th Day of April, 2016

[SEAL]

s/ ANGEL WILFONG

GEORGIA, BIBB COUNTY PUBLIC NOTICE

Macon-Bibb County proposes to amend Appendix I of its Charter relating to the Macon-Bibb County Pension Plan so as to allow State Court Judges to receive local supplemental retirement benefits in the same manner as Superior Court Judges. This 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. #2972721: 2/27; 3/5, 12

Filed in the Office of the Secretary of State September 20, 2016.

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FULTON COUNTY FULTON COUNTY CIVIL SERVICE ACT.

#16 - 1066

RESOLUTION PURSUANT TO THE HOME RULE PROVISIONS OF THE GEORGIA CONSTITUTION AMENDING AND REPEALING CERTAIN PROVISIONS OF THE CIVIL SERVICE ACT ADOPTED BY THE GEORGIA
GENERAL ASSEMBLY

WHEREAS, in 1982, the Georgia General Assembly passed Act No. 1341 (HB 1501), promulgating the Fulton County ("County") Civil Service Act; and

WHEREAS, the Fulton County Civil Service Act creates and establishes the civil service system for certain County employees and deputies of County officers and enacts laws defining the relation, obligation, duty and responsibility of employees and deputies under such civil service system; and

WHEREAS, the Fulton County Personnel Board was created to "completely and exhaustively revise, amend, reestablish and continue for Fulton County a high quality merit system of personnel administration based upon accepted merit principles and recognized methods governing the appointment, promotion, transfer, layoff, removal, discipline and well-being of employees who are governed by [the Personnel Board], and for related personnel actions associated with Fulton County employment"; and

WHEREAS, on January 19, 1994, the Georgia General Assembly amended the Civil Service Act when it passed Act No.1081, which added Section 15 titled "Employee Complaint Procedure"; and

WHEREAS, on May 7, 2003, the Fulton County Board of Commissioners passed a Resolution via Agenda Item No. 03-505, which amended the Fulton County Civil Service Act of 1982, abolished the three-member Personnel Board, and created a seven-member Personnel Board; and

WHEREAS, on May 7, 2013, the Georgia General Assembly passed Act No. 302 (HB 594), which amended Section 6 of the Fulton County Civil Service Act, and made all newly hired and newly promoted County employees unclassified, at-will employees, with the exception of public safety employees; and

WHEREAS, on January 6, 2016, the Fulton County Board of Commissioners further amended the Fulton County Civil Service Act to reduce the duties of the Fulton County

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Personnel Board such that the Personnel Board is solely responsible for hearing appeals of permanent, classified employees; and

WHEREAS, on October 19, 2016, the Fulton County Board of Commissioners adopted comprehensive changes to the County's Personnel Policies to ensure that County policies and procedures are aligned with employment market best practices, federal, state and local laws, and the County's strategic goals; and

WHEREAS, on November 2, 2016, the Fulton County Board of Commissioners delayed implementation and enforcement of the revised Personnel Policies until January 1, 2017, to allow adequate time for transition and the training of supervisors and managers on the new Personnel Policies; and

WHEREAS, on January 1, 2017, the County's former Personnel Policies shall be repealed in their entirety and superseded by the revised Personnel Policies; and

WHEREAS, the Fulton County Civil Service Act should now be amended to align with employment market best practices, federal, state and local laws, the County's strategic goals, and the revised Personnel Policies; and

WHEREAS, the Georgia Constitution provides each county with Home Rule authority to repeal or amend Local Acts such as the Fulton County Civil Service Act, Act No. 1341 (HB 1501) and Act No. 302 (HB 594) that are applicable to that particular county.

NOW, THEREFORE, BE IT RESOLVED, that pursuant to Article 9, Section 2, Paragraph 1(b) of the Georgia Constitution, the Fulton County Board of Commissioners hereby amends the following Sections of the Fulton County Civil Service Act consistent with the text amendment which is attached hereto, incorporated herein by this reference as Exhibit "A," and made a part hereof:

1. Section 34-66 (Purpose of article); 2. Section 34-67 (Appointment, term, removal and compensation of members; notice of
meetings; custody of books and records; appropriations and logistical support); 3. Section 34-68 (Powers, duties, and responsibilities); 4. Section 34-69 (Chief Human Resources Officer Appointment, term, removal, and
compensation); 5. Section 34-70(Same - Department of Human Resources Management Powers, duties,
and responsibilities); 6. Section 34-73 (Certification of Payrolls); 7. Section 34-74 (Penalties and appeals); and 8. Section 34-76 (Employee complaint procedure).

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BE IT FURTHER RESOLVED, that the Clerk of the Fulton County Board of Commissioners shall ensure that this amendment is duly adopted at two regular consecutive meetings of the Board of Commissioners not less than seven nor more than sixty days apart; shall file a copy of the proposed repeal with the Clerk of the Superior Court of the County for the purpose of examination and inspection by the public; shall publish a notice containing a synopsis of this proposed repeal in the official county organ once a week for three weeks within a period of sixty days immediately preceding its final adoption (such notice shall state that a copy of the proposed repeal is on file in the office of the clerk of the superior court of the county for inspection by the public) and shall file with the Secretary of State of Georgia a copy of this Resolution as finally adopted along with the notice of publication and affidavit of publication.

BE IT FINALLY RESOLVED, that this Resolution shall become effective upon adoption, and all ordinances, resolutions, policies and procedures, regulations, and parts of ordinances, resolutions policies and procedures, and regulations in conflict with this Resolution are hereby repealed to the extent of the conflict.

SO PASSED AND ADOPTED, this 16th day of December 2016, and this 7th day of December 2016.

BY: FULTON COUNTY BOARD OF COMMISSIONERS

s/ JOHN H. EAVES John H. Eaves, Chairman District 7, At-Large

s/ LEE MORRIS Lee Morris District 3, Commissioner

ATTEST: [SEAL]

APPROVED AS TO FORM:

s/ MARK MASSEY Mark Massey, Clerk to the Commission

s/ PATRISE PERKINS-HOOKER Patrise Perkins-Hooker County Attorney

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Chapter 34 PERSONNEL

Footnotes:

--- (1) ---

Cross references--Officers, employees and departments, 2-31 et seq.

ARTICLE I. IN GENERAL

Secs. 34-1--34-30. - Reserved.

ARTICLE II. CIVIL SERVICE

DIVISION 1. GENERALLY

Sec. 34-31. Authority of general assembly to create and establish civil service commission and system (merit system) for county employees and deputies.

The general assembly shall have the authority, however, to enact laws creating a civil service commission and establishing a civil service system and/or merit system for county employees and employees and deputies of county officers of Fulton County, including deputies and employees of the sheriff, tax collector, tax receiver, treasurer, clerk of the superior court and ordinary [now probate judge] of said county, and in connection therewith to define and prescribe the powers and duties of such civil service commission and such employees and deputies; and to enact laws defining the relation, obligation, duty and responsibility of employees and deputies under civil service classification with respect to county officers, and further define the relation, responsibility, obligation and duty of officers of Fulton County with respect to employees and deputies coming under civil service classification; to enact laws establishing tenure of office for such employees and deputies and to provide in what manner and for what reasons they may be removed or suspended from office; and to provide exceptions and exemptions to the operation of said laws. (1939 Ga. Laws (Act No. 279), page 36, 1)

Editor's note The above amendment to Ga. Const. (1877) art. VII, VII, VI was continued in full force and effect by 1986 Ga. Laws (Act No. 1049), page 4420. See Ga. Const. (1983) art. XI, I, IV.

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Sec. 34-32. Authority of general assembly to extend coverage of civil service system to certain persons.

Provided, however, that the general assembly shall be authorized to include in the civil service and/or merit system heretofore authorized by constitutional amendment for Fulton County any persons (other than officers elected by the people) whose salaries or wages are paid in whole or in part by the Treasurer of Fulton County or out of funds belonging to Fulton County. All extensions in the coverage of said civil service system heretofore made by the general assembly to persons other than employees of Fulton County and employees and deputies of county officers of Fulton County are by this amendment ratified, confirmed, and continued in force, except as the same may hereafter be changed or amended by the general assembly. (1947 Ga. Laws (Act No. 33), page 1776, 1)

Editor's note-- The above amendment to Ga. Const. (1945) art. VII, IV, I was continued in full force and effect by 1986 Ga. Laws (Act No. 1065), page 4452. See Ga. Const. (1983) art. XI, I, IV.

Secs. 34-33 34-65. Reserved.

DIVISION 2. PERSONNEL BOARD

Footnotes:

--- (2) ---

Editor's note-- The act compiled in this division is the successor act to 1943 Ga. Laws (Act No. 314), page 971, and is commonly known as the civil service act.

Cross reference-- Boards, commissions and authorities, 2-356 et seq.

Sec. 34-66. Purpose of article.

The general purpose of this division is to completely and exhaustively revise, amend, reestablish and continue for Fulton County a high quality merit system of personnel administration based upon accepted merit principles and recognized methods governing the appointment, promotion, transfer, layoff, removal, discipline and well-being of employees who are governed by this division, and for related personnel actions associated with Fulton County employment. All appointments and promotions to positions in the Fulton County Civil Service shall be made on the basis of merit and fitness to be ascertained by competitive examinations, unless exempt by Personnel Policies and Procedures. Unless otherwise

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mandated by law, no appointment to or separation from any position shall be affected by or influenced in any manner by consideration of race, color, religion, sex, pregnancy (including childbirth, lactation or related medical conditions), sexual orientation, gender identity or expression, age (40 and over), national origin or ancestry, physical or mental disability, genetic information (including testing and characteristics), veteran status, uniformed service-member status, or any other consideration protected by federal, state or local law. Equal opportunities for employment, promotion, and other personnel transactions shall be offered on a nondiscriminatory basis. Discrimination in employment with Fulton County on account of race, color, religion, sex, pregnancy (including childbirth, lactation or related medical conditions), sexual orientation, gender identity or expression, age (40 and over), national origin or ancestry, physical or mental disability, genetic information (including testing and characteristics), veteran status, uniformed service-member status, or any other consideration protected by federal, state, or local law is specifically prohibited. This division encourages reasonable practices and procedures, consistent with merit principles, that will assist all persons to be placed in positions that are appropriate to their training, education, skills, experience, knowledge and abilities and prohibits discrimination on the basis of political affiliation. (1982 Ga. Laws (Act No. 1501), page 4896, 1)

Sec. 34-67. Appointment, term, removal and compensation of members; notice of meetings; custody of books and records; appropriations and logistical support.

(a) The Fulton County Personnel Board shall consist of seven members of known sympathy with the application of merit principles to public employment who are current residents of Fulton County and who shall have been such residents for a minimum of two continuous years immediately preceding their appointments. Each member of the board of commissioners shall nominate one member of the personnel board subject to confirmation by a majority vote of the board of commissioners.
(1) Upon expiration of the term of each member of the Board, all appointments shall be for a term of four years and the members shall serve until their successors have been appointed, except that a person appointed to fill a vacancy created by death or resignation or otherwise occurring prior to the expiration of such terms shall be appointed on an interim basis for the remainder of that term. No member shall serve more than two consecutive terms. (b) A member of the personnel board may be removed by the board of commissioners for incompetency, inefficiency, dereliction or neglect of duty, malfeasance in office, or other good cause, after being given a copy of charges against him or her and an opportunity to be heard publicly on such charges by the board of commissioners. A copy of the charges and a transcript of the record of the hearing shall be filed with the Secretary of State as a public record.

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(c) The members of the personnel board shall receive a stipend for services rendered in conducting the authorized business of the board in such amount as shall be determined from time to time by resolution of the Fulton County Board of Commissioners. (d) The personnel board shall meet annually in January and elect one of its members as chairman and one of its members as vice-chairman. The personnel board shall meet in a Fulton County building at such times as shall be specified by call of the chairman or by the Chief Human Resources Officer acting on behalf of the personnel board whenever it is deemed necessary to conduct the business of the personnel board. All meetings shall be open to the public, except that hearings on employee appeals shall be conducted in accordance with the provisions of O.C.G.A. tit. 40, ch. 14 (O.C.G.A. 50-14-1 et seq.) until November 1, 1982. Notice of each meeting shall be given in writing to each member by the Chief Human Resources Officer at least three days in advance of the meeting. Four members shall constitute a quorum for the transaction of business. In the absence of the chairman, the vice-chairman shall preside. (e) The personnel board office shall be located at the seat of the Fulton County government. All official books and records of the board shall remain in the custody of the Chief Human Resources Officer. (f) The Chief Human Resources Officer shall develop an annual budget that includes sufficient funding to enable the personnel board to carry out effectively the provisions of this division. The board of commissioners shall authorize and allow the reasonable use of office space and necessary logistical support to facilitate the work of the personnel board. (1982 Ga. Laws (Act No. 1501), page 4896, 2)

Sec. 34-68. Powers, duties, and responsibilities.

The personnel board shall only be responsible for hearing appeals of permanent classified employees who allege to have been dismissed, suspended, demoted or otherwise disciplined for cause, whereby such employee suffered any loss in salary, grade or classification, and the appellant alleges that the disciplinary action taken was prohibited by applicable law and may include those cases wherein personal, political, or religious reasons are alleged by the appellant. The Fulton County Personnel Board shall have no power or duties with respect to the operations of the Department of Human Resources Management, the Personnel Policies and Procedures, or the processes currently outlined therein to govern the employment of Fulton County employees. Notwithstanding anything to the contrary, nothing in the Civil Service Act or the of Fulton County shall confer, or be construed or interpreted to confer, powers and duties upon the Personnel Board in addition to those prescribed here. (1982 Ga. Laws (Act No. 1501), page 4896, 3)

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Sec. 34-69. Chief Human Resources Officer---Appointment, term, removal, and compensation.

(a) The department head (appointing authority) in charge of the Department of Human Resources Management shall be designated as the Chief Human Resources Officer, who shall have been found through prior investigation to be competent, honest, trained, and experienced in personnel administration and management, and who shall possess the prescribed education and experience required for this position as determined by the county manager. The Chief Human Resources Officer shall be in known sympathy with the application of merit principles and sound business practices in public employment. The Chief Human Resources Officer shall also serve as the executive agent for the personnel board, in addition to other duties as the department head. (b) The Chief Human Resources Officer shall be recommended by the county manager and confirmed by a majority vote of the board of commissioners. The Chief Human Resources Officer shall take the same oath of office as the county commissioners and shall give bond in a penal sum to be fixed by the board of commissioners for faithful performance. (c) The Chief Human Resources Officer shall hold office during good behavior and may be removed by the county manager for cause only, after being notified in writing stating the reasons for such removal. If removed, the Chief Human Resources Officer shall be given an opportunity to appeal such removal to the board of commissioners and to answer any charges. The Chief Human Resources Officer shall have not less than 15 working days following the county manager's action to make such appeal. The statement of reasons and answer or transcript of hearing shall be filed with the secretary of state as public record. (d) The term of office for the Chief Human Resources Officer shall be four years and until a successor is appointed and qualified. The incumbent Chief Human Resources Officer shall be eligible for reappointment. (e) The Chief Human Resources Officer shall be paid a reasonable salary as may be fixed by the board of commissioners based on the recommendation of the County Manager. (1982 Ga. Laws (Act No. 1501), page 4896, 4)

Sec. 34-70. Same---Powers, duties, and responsibilities.

(a) There shall be in the Fulton County government a county Department of Human Resources Management, the executive head of which shall be a Chief Human Resources Officer. The Chief Human Resources Officer shall direct and supervise all of the administrative and technical activities of the Department of Human Resources Management. (b) In addition to the general duties imposed elsewhere in this division, it shall be the specific duty of the Chief Human Resources Officer:
(1) To devise, publish and amend or rescind detailed implementing personnel policies and regulations as necessary to accomplish the purposes and intent of this division, subject to the approval by the county manager and board of commissioners. Said personnel policies

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and regulations shall become effective and have the force and effect of law upon their being approved and the Chief Human Resources Officer shall then have the authority to carry out their provision. In the administration of this division, appointing authorities and employees are enjoined to comply with the provisions of such personnel policies and regulations; (2) To submit appropriate recommendations to the county manager and the board of commissioners for approval concerning new or revised position classification plans, salary schedule and compensation plans, and other similar documents, policies, and procedures relating to the business of the Department of Human Resources Management. (3) To appoint and supervise such employees of the department as may be authorized and necessary to carry out effectively the provisions of this division. Such employees shall be in the classified service; (4) To establish and maintain appropriate and pertinent rosters, records, and documents for all employees in the county, except for contract and fee-basis employees, in which there shall be set forth as to each employee the class title, appointment and termination data, pay and status, attendance and other pertinent data as may be deemed necessary; (5) To incur necessary expenses for the administration of this division, as appropriated by the board of commissioners; (6) To conduct recruitment activities including examination and certification of eligible applicants; (7) To implement approved personnel transactions such as appointments, promotions, transfers, demotions, suspensions, dismissals, resignations, leaves of absence and all other related activities pertaining to the proper administration of the county merit system and this division; (8) To check and certify all payrolls and exceptions relating to the pay of all Fulton County employees, as provided in section 34-73 of this division; (9) To set proper classes and assign established salary ranges for all new and reclassified positions; (10) To attend meetings of the personnel board, to carry out its instructions as its executive agent, and to keep minutes of it proceedings; (11) To assist the personnel board in hearing employee appeals; (12) The Chief Human Resources Officer shall have the power, as executive agent of the personnel board, to issue subpoenas, receive relevant evidence, administer oaths, and question witnesses; (13) To prepare an annual report as of December 31 of each year covering the detailed activities and operations of the Department of Human Resources Management; (14) To prepare an annual salary budget forecast pertaining to the numbers and classes of personnel, positions, salaries, length of service, increments, distribution of employees by department and other pertinent information needed for budgeting salaries for the ensuing budget year;

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(15) To enhance employee relations and encourage the maintenance of a loyal and contented work force; and (16) To perform any and all other lawful acts as required to implement the purposes and intent of this division. (1982 Ga. Laws (Act No. 1501), page 4896, 5; 1995 Ga. Laws (Act No. 116), page 3889, 1, 2)

Sec. 34-71. Classified and unclassified services.

(a) As used in this Act, the term: 1) "Emergency medical professional" means any person employed by Fulton County to perform emergency medical services who is licensed or certified to provide health care in accordance with the provisions of Chapter 11, Chapter 26, or Chapter 34 of Title 43 of the O.C.G.A. 2) "Firefighter" means any person who is employed by Fulton County as a professional firefighter on a full-time basis for at least 40 hours per week by the county when such person has responsibility for preventing and suppressing fires, and protecting life and property. 3) "Peace officer" means any peace officer who is employed by the county who is required by the terms of such peace officer's employment to give such peace officer's full time to the perseveraton of public order, the protection of life and property, or the detection of crime and who is required by the terms of such peace officer's employment to comply with the requirements of the "Georgia Peace Officer Standards and Training Act" contained in Chapter 8 of Title 35 of the O.C.G.A. Such term shall include any deputy sheriff employed as such by the sheriff of Fulton County. 4) "Public safety employee" means a peace officer, a firefighter, or an emergency medical professional.
(b) The "classified service" to which this Act applies shall comprise classified employees who have successfully completed their probationary period on the effective date of this Act. Such employees shall remain in the classified service only so long as they remain employed in a position which was a classified position on such date without a break in service. The classified service shall also include all active public safety employees. (c) The "unclassified service" shall comprise all unclassified positions on the effective date of this Act and all positions filled on or after such date. Without limiting such provisions, the unclassified service shall include the following categories, classes, and positions:
(1) The Fulton County Board of Commissioners and all other officers who are elected by popular vote and persons appointed to fill vacancies in elective offices; (2) All judges, members of boards, commissions, regulatory agencies and other elected or appointed heads of departments, provided that the term "head of department" as used in this section shall mean the executive head of a department who is directly responsible for formulating and executing policies and who is vested with discretion as to acts, being

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solely responsible for the administration of the department concerned. An employee performing purely functional or administrative duties shall not be classified as the head of a department; (3) Official court reporters in any Fulton County court of record; (4) All classes and positions now existing or that may hereafter be created and established as "unclassified on range" in pay schedules and compensation plans; (5) All classes and positions now existing or that may hereafter be created and established as "unclassified set rate" positions by the county manager or county commissioners; (6) All classes and positions now existing or that may hereafter be created and established as unclassified under any federal or state-funded program; (7) Persons temporarily appointed or designated to make or conduct a special inquiry, investigation, examination, or special duties where such appointment or designation is approved by the county manager or board of commissioners; (8) Members of the legal department of Fulton County and secretaries assigned to such department but not to include any secretary presently serving in such department in the classified service; and (9) Individuals who perform services on a contract or fee basis. Public safety employees shall not be individuals in the unclassified service. (1982 Ga. Laws (Act No. 1501), page 4896, 6; 1995 Ga. Laws (Act No. 116), page 3889, 3, 4; 2013 Ga. Laws (Act No. 594), page 4422, 6)

Sec. 34-72. Status of incumbents.

(a) All public safety employees shall be in the classified service as a condition of employment. (b) All employees in the classified service who have successfully completed their probationary period on the effective date of this Act prior to the enactment of this Act shall retain their current status with no loss of rights, privileges, and obligations only so long as they remain employed in a position which was a classified position on such date without a break in service. The enactment of this Act shall in no way change the salary, pay, increment date, or any other benefit, emolument, or privilege to which an employee was entitled to on the effective date of this Act. (1982 Ga. Laws (Act No. 1501), page 4896, 7; 2013 Ga. Laws (Act No. 594), page 4422, 7)

Sec. 34-73. Certification of payrolls.

(a) Payment shall not be made to any classified or unclassified employee unless the payroll bears the certification of the Chief Human Resources Officer or of his authorized agent that the persons named therein have been appointed and employed in accordance with the provisions of this division and the Personnel Policies and Procedures promulgated

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thereunder. The Chief Human Resources Officer may, for proper cause, withhold certification from an entire payroll or from any specific item or items thereon. (b) There shall be a single omnibus certificate prepared covering the payrolls for each department and all employees therein when all pending transactions have been completed. Such certificate shall be worded as follows:

Certificate

I hereby certify that the records of the Department of Human Resources Management indicate that the employees listed on this payroll were appointed within the provisions of the Civil Service Act and that the salaries are in accordance with the pay schedule and compensation plan.

Chief Human Resources Officer (c) The Chief Human Resources Officer may authorize the release of payrolls before final certification in order to avoid undue delays involving pending personnel transactions. (d) Any person appointed or employed in contravention to any provision of this division or of the Personnel Policies and Procedures thereunder who performs service for which he is not paid may maintain an action at law to recover the agreed pay for such service. If the Chief Human Resources Officer wrongfully withholds certification of the payroll voucher or account of any employee, such employee may maintain an action at law to compel such certification. (e) Practices and procedures not in accordance with this division or the Personnel Policies and Procedures thereunder shall be forwarded as payroll exceptions to the director of finance who shall treat such exceptions in the same manner as all other audit exceptions. (1982 Ga. Laws (Act No. 1501), page 4896, 8)
Sec. 34-74. - Penalties and appeals
(a) All unclassified employees shall be employees at will. An appointing authority (department head) may dismiss, demote, suspend or otherwise discipline any Fulton County employee for any reason, other than the reasons otherwise prohibited by state or federal laws, or for no stated reason whatsoever. No employee shall be entitled to prior notice of, explanation of, or appeal from any such action. (b) Without limiting the scope of authority granted in subsection (a) of this section, it is the intent of the General Assembly that Fulton County shall treat all employees in accordance with the following principles:
(1) Assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to race, color, religion, sex, pregnancy (including childbirth, lactation or related medical conditions), sexual orientation, gender identity or expression,

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age (40 and over), national origin or ancestry, physical or mental disability, genetic information (including testing and characteristics), veteran status, uniformed service-member status, or political affiliations. This "fair treatment" principle includes compliance with all state and federal equal employment opportunity and nondiscrimination laws; (2) Recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial employment; (3) Providing equitable and adequate compensation based on merit, performance, job value, and competitiveness within applicable labor markets; (4) Training employees, as needed, to assure high quality performance and to provide workforce skills needed to maintain and advance the county's goals and objectives; (5) Retaining employees on the basis of the adequacy of their performance, correcting inadequate performance where possible and appropriate, and separating employees whose performance is inadequate; and (6) Assuring that employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or nomination for office. (c) Any dismissal, suspension or demotion of a permanent classified employee for cause which results in a loss of salary, grade or classification shall be stated to such employee in writing. This writing shall include notice of the charges against the permanent classified employee, the effective time and date of such disciplinary action and an explanation of the reasons for the disciplinary action, and shall give the employee an opportunity to respond orally or in writing to the charges. This writing shall be provided to the employee not less than 24 hours prior to the effective date and time of such disciplinary action. (d) Any permanent classified Fulton County employee who is dismissed, suspended, demoted or otherwise disciplined for cause, whereby such employee suffers any loss in salary, grade or classification, shall have the right to appeal such action to the personnel board. Such appeal shall be made in writing within ten working days from the date of his or her being notified of the action. The grounds for such appeal to the personnel board shall include those cases wherein the appellant alleges that the disciplinary action taken was prohibited by applicable law and may include those cases wherein personal, political or religious reasons are alleged by the appellant. All other employees do not have the right to appeal disciplinary actions taken against them to the personnel board. (e) When conducting hearings and rendering decisions, the personnel board shall determine whether the appointing authority had authority to exercise such action and did exercise such action for cause within the rules and standards of the Fulton County Personnel Policies and Procedures. If so found, the personnel board shall affirm the action of the appointing authority. In the event that the personnel board finds that the action appealed is contrary to the rules and standards of the Fulton County Personnel Policies and Procedures, the personnel board shall reverse such an action. The personnel board shall not modify the terms

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and conditions of said action of the appointing authority, but may in its order of affirmance or reversal make recommendations of disposition which shall have persuasive force only. After arriving at a final decision on an appeal, the personnel board shall prepare an order to be prepared within 30 calendar days setting forth its recommendations to resolve the appeal. The decision of the personnel board in such cases shall be final and conclusive, in the absence of an appellate review in the courts. Copies of the personnel board's order shall be made a matter of official record and shall be furnished to all parties at interest in the matter. (f) Where an employee who has been dismissed is reinstated following appeal to the Personnel Board, any award of back pay to the employee shall be reduced by the amount of money earned by the employee during the period of separation from Fulton County, including any unemployment insurance benefits received. (1982 Ga. Laws (Act No. 1341), page 4896, 9; 1988 Ga. Laws (Act No. 848), page 3689, 1; 1995 Ga. Laws (Act No. 116), page 3889, 5, 6; 2013 Ga. Laws (Act No. 594), page 4422, 9)

Sec. 34-75. Bonding

(a) As a condition of employment, any employee who is or may be placed in any position of trust requiring or involving any type of fiduciary relationship in the performance of assigned duties may, at the option of the appointing authority (department head) in charge of the department concerned, be required to be indemnified by a fidelity bond for the faithful performance of assigned duties. The amount of such bond shall be fixed in a reasonable penal sum not to exceed the total estimated value of any and all goods, valuables, and assets of any type or description for which such employees are liable including, but not limited to, cash, checks, negotiable instruments or properties. (b) Such a bond may also be required for appointed and elected officials, at the discretion of the board of commissioners, acting as a body. (c) The premium for said bonds shall be paid from county funds by the director of finance. (1982 Ga. Laws (Act No. 1501), page 4896, 10)

Sec. 34-76. Employee complaint procedure.

(a) As used in this section, the term: (1) County employee means classified and unclassified employees of Fulton County, and individuals who perform services for Fulton County on a contact or fee basis, but does not include elected officials. (2) County employer means any department, board, bureau, commission, authority or other agency of the county which employs or appoints any county employee, except the chairperson and members of the county board of commissioners and the courts of the county.

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(b) A county employer may receive and investigate complaints or information from any county employee concerning the possible existence of any activity constituting fraud, waste and abuse in or relating to any county programs and operations under the jurisdiction of such county employer. (c) Notwithstanding any other local law or ordinance to the contrary, such county employer shall not, after receipt of a complaint or information from a county employee, disclose the identity of the county employee without the written consent of such county employee, unless the county employer determines such disclosure is necessary and unavoidable during the course of the investigation. (d) No action against any county employee shall be taken or threatened by any county employer who has [the] authority to take, direct others to take, recommend or approve any personnel action as a reprisal for making a complaint or disclosing information to the county employer unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. (e) Any action taken in violation of subsection (d) of this section shall give the county employee a right to have such action set aside by the personnel board after a hearing. (1994 Ga. Laws (Act No. 1081), page 4838, 1)

Secs. 34-77--34-110. Reserved.

STATE OF GEORGIA COUNTY OF FULTON

CERTIFICATION

I, Mark Massey, the undersigned Clerk to the Commission of Fulton County, do hereby certify and declare that the attached is a true and correct copy of the Resolution pursuant to the Home Rule Provisions of the Georgia Constitution amending and repealing certain provisions of the Civil Service Act adopted by the Georgia General Assembly, approved by the Board of Commissioners under Item #16-1066 at the November 16, 2016 Board of Commissioners Recess Meeting, and at the December 7, 2016 Board of Commissioners Regular Meeting.

This 19th day of December 2016.

s/ MARK MASSEY

[SEAL]

Mark Massey, Clerk to the Commission

Fulton County Board of Commissioners

[FULTON COUNTY SEAL]

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PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON

Before me, the undersigned, a Notary Public, this day personally came the undersigned who, being duly sworn, according to law, says she is an agent of ALM Media, LLC., publishers of the Daily Report, the official newspaper published in Atlanta, GA, in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates: 11/18/2016, 11/23/2016 and 11/30/2016.

s/ K. MOSLEY

s/ B.E. HAMMETT

[SEAL]

Subscribed and sworn to before me this December 20, 2016

RESOLUTION PURSUANT TO THE HOME RULE PROVISIONS OF THE GEORGIA CONSTITUTION AMENDING AND REPEALING CERTAIN PROVISIONS
OF THE CIVIL SERVICE ACT ADOPTED BY THE GEORGIA GENERAL ASSEMBLY

The Fulton County Board of Commissioners desires to amend and repeal certain provisions of the Fulton County Civil Services Act (the "Act") as it relates to the purpose of the Act, the compensation paid to Fulton County Personnel Board members, and the title, powers, duties and responsibilities of the Fulton County Personnel Director. In 1982, the Georgia General Assembly passed Act No. 1341 (HB 1501), promulgating the current version of Fulton County Civil Service Act. The Fulton County Civil Service Act governs the composition and authority of the Fulton County Personnel Board. On January 19, 1994, the Georgia General Assembly amended the Civil Service Act when it passed Act No. 1081, which added Section 15 titled "Employee Complaint Procedure. On May 7, 2002, the Fulton County Board of Commissioners passed a Resolution via Agenda Item No. 03-505, which amended the Fulton County Civil Service Act of 1982 pursuant to the Home Rule Provisions of the Georgia Constitution to abolish the three-member Personnel Board and create a seven-member Personnel Board. On May 7, 2013, the Georgia General Assembly passed Act No. 302 (HB 594), which amended Section 6 of the Fulton County Civil Service Act, and made all newly hired and newly promoted County employees unclassified, at-will employees, with the exception of public safety employees. On January 6, 2016, the Fulton County Board of Commissioners amended the Fulton County Civil Service Act to reduce the duties of the Fulton County Personnel Board such that the Personnel Board is solely

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responsible for hearing appeals of permanent, classified employees. On October 19, 2016, the Fulton County Board of Commissioners adopted comprehensive changes to the County's Personnel Policies to ensure that County policies and procedures are aligned with employment market best practices, federal, state and local laws, and the County's strategic goals. On January 1, 2017, the County's former Personnel Policies will be repealed in their entirety and superseded by the revised Personnel Policies. The Fulton County Board of Commissioners desires to also amend the Fulton County Civil Service Act to better align with employment market best practices, federal, state and local laws, the County's strategic goals, and the revised Personnel Policies. The Fulton County Board of Commissioners therefore proposes to strike the following language from Section 34-74(d) of the Fulton County Civil Service Act: but such employees may file grievances through supervisory channels. The ability to file a grievance in no way gives any employee a property interest in employment. A grievance cannot be construed to convert any demotion, suspension without pay, dismissal or other disciplinary action taken for causes under the disciplinary provisions of the personnel regulations. In the event that a terminated employee's liberty interest is violated, such employee shall be provided with a name-clearing hearing. The personnel board shall conduct name-clearing hearings for terminated permanent classified employees. The grievance review committee shall conduct name-clearing hearings for all other terminated employees. Detailed procedures for the conduct of a name-clearing hearing shall be set forth in the personnel regulations as provided by the division. The Fulton County Board of Commissioners proposes to add the following language to Section 34-74 of the Fulton County Civil Service Act: (f) Where an employee who has been dismissed is reinstated following an appeal to the Personnel Board, and any award of back pay to the employee shall be reduced by the amount of money earned by the employee during the period of separation from Fulton County, including any unemployment insurance benefits received. In addition, the Fulton County Board of Commissioners proposes to amend Sections 34-66, 34-67, 34-68, 34-69, 34-70, 34-73 and 34-76 of the Fulton County Civil Service Act to better align with federal, state and local laws, the County's revised Personnel Policies, and human resources best practices, including changing the titles of the Personnel Director and Personnel Department to Chief Human Resources Officer and Department of Human Resources Management, respectively. The Georgia Constitution provides each county with Home Rule authority to repeal or amend Local Acts such as Act No. 1341 (HB 1501) and Act No. 302 (HB 594) that are applicable to that particular county. Therefore, pursuant to Article 9, Section 2, Paragraph 1(b) of the Georgia Constitution, the Fulton County Board of Commissioners hereby amend Sections 1, 2, 3, 4, 5, 8 and 9 of the Fulton County Civil Service Act. A copy of the proposed changes to the Fulton County Civil Service Act are on file in the Office of the Clerk of the Superior Court of Fulton County, 136 Pryor Street, Atlanta, GA 30303 for purposes of examination and inspection by the public.

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Filed in the Office of the Secretary of State December 21, 2016. __________

CLAYTON COUNTY CHIEF OPERATING OFFICER; REPORTING STRUCTURE.

STATE OF GEORGIA

COUNTY OF CLAYTON

ORDINANCE NO. 2016-177

AN ORDINANCE ADOPTED UNDER THE HOME RULE POWERS GRANTED PURSUANT TO ARTICLE IX, SECTION II, PARAGRAPH I OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983, TO AMEND THE LOCAL ACT OF THE GENERAL ASSEMBLY CREATING AND COMPOSING THE CLAYTON COUNTY BOARD OF COMMISSIONERS AND SETTING FORTH THE GENERAL PROVISIONS GOVERNING CLAYTON COUNTY GOVERNMENT, 1983 GA. LAWS, PAGE 4503; TO MODIFY THE REPORTING STRUCTURE FOR THE POSITION OF CHIEF OPERATING OFFICER; TO PROVIDE AN EFFECTIVE DATE OF THIS ORDINANCE; AND FOR OTHER PURPOSES.

WHEREAS, Clayton County, Georgia is governed by a Local Act of the General Assembly of the State of Georgia ("Act"), which was originally established and approved on February 8, 1955, 1955 Ga. Laws, page 2064, and which was amended on March 29, 1983 Ga. Laws, page 4503; and

WHEREAS, the Clayton County Board of Commissioners exercised its Home Rule Power to further amended the Act on January 8, 2013, to create the position of Chief Operating Officer and define the reporting structure for the position of Chief Operating Officer; and

WHEREAS, the Clayton County Board of Commissioners now desires to amend the Act to modify the reporting structure for the position of the Chief Operating Officer.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS CLAYTON COUNTY, GEORGIA AND IT IS HEREBY ORDAINED

Section 1. By the authority granted to the Clayton County Board of Commissioners pursuant to Article IX, Section II, Paragraph I of the Constitution of the State of Georgia of 1983, the Board of Commissioners hereby amends the Act, originally established and adopted at 1955 Ga. Laws, page 2064, and amended by 1983 Ga. Laws, page 4503, Section 4

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(Section 10C(a)), and also hereby amends the CODE OF CLAYTON COUNTY, GEORGIA, as amended, Part I, Article II "Board of Commissioners", Section 2-13 "Chief operating officer and assistants", by deleting subsection (a) in its entirety and replacing it with a new subsection (a) to read as follows:

"The position of chief operating officer is created. The chief operating officer shall be appointed by the board of commissioners. The duties of the chief operating officer shall be determined by the board of commissioners, and the chief operating officer shall perform those duties under the daily direction of the board of commissioners and shall perform such other duties imposed upon him or her from time to time by action of the board. The provisions of the Clayton County Civil Service Act shall not be applicable to the position of chief operating officer."

Section 2. All laws, ordinances and resolutions, or parts thereof, which conflict with the provisions of this Ordinance are hereby repealed.

Section 3. If any part of this Ordinance shall be declared unconstitutional by the valid judgment of any court of competent jurisdiction, such unconstitutionality shall not affect the remainder of this enactment, and such remainder shall remain in full force and effect.

Section 4. Pursuant to Article IX, Section II, Paragraph I(b)(1) of the Constitution of the State of Georgia of 1983, local acts amended using to the Home Rule Power must be adopted at two regular consecutive meetings.

This Ordinance was approved on the 6th day of December, 2016, by a vote of 3 yeas and 1 nays. [Chairman Turner opposed and Commissioner Rooks was absent for this meeting.]

This Ordinance was approved on the 20th day of December, 2016, by a vote of 3 yeas and 2 nays. [Chairman Turner and Commissioner Rooks opposed.]

This Ordinance shall become effective immediately upon its approval by the Board of Commissioners.

SO ORDAINED, this the 20th day of December, 2016.

CLAYTON COUNTY BOARD OF COMMISSIONERS

s/ JEFFREY E. TURNER(OPPOSED) JEFFREY E. TURNER, CHAIRMAN

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COUNTY HOME RULE ORDINANCES

s/ SONNA GREGORY SONNA GREGORY, VICE CHAIRMAN

s/ MICHAEL EDMONDSON MICHAEL EDMONDSON, COMMISSIONER

s/ GAIL B. HAMBRICK GAIL B. HAMBRICK, COMMISSIONER

ATTEST:

s/ SHANA M. ROOKS (OPPOSED) SHANA M. ROOKS, COMMISSIONER

s/ SANDRA DAVIS SANDRA T. DAVIS, CLERK

CERTIFICATION

I, SANDRA T. DAVIS, CLERK TO THE CLAYTON COUNTY BOARD OF COMMISSIONERS, DO HEREBY CERTIFY THAT THE ATTACHED IS A TRUE AND EXACT COPY OF ORDINANCE 2016-177 AS ADOPTED AT THE DECEMBER 6, 2016 REGULAR BUSINESS MEETING AND A SECOND ADOPTION AT THE DECEMBER 20, 2016 REGULAR BUSINESS MEETING. THIS ORDINANCE ADOPTED UNDER THE HOME RULE POWERS GRANTED PURSUANT TO ARTICLE IX, SECTION II, PARAGRAPH I OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983, TO AMEND THE LOCAL ACT OF THE GENERAL ASSEMBLY CREATING AND COMPOSING THE CLAYTON COUNTY BOARD OF COMMISSIONERS AND SETTING FORTH THE GENERAL PROVISIONS GOVERNING CLAYTON COUNTY GOVERNMENT, 1983 GA. LAWS, PAGE 4503; TO MODIFY THE REPORTING STRUCTURE FOR THE POSITION OF CHIEF OPERATING OFFICER; TO PROVIDE AN EFFECTIVE DATE OF THIS ORDINANCE; AND FOR OTHER PURPOSES. A COPY OF THIS ORDINANCE CAN BE FOUND ON FILE IN THE COMMISSIONERS' OFFICE, LOCATED AT 112 SMITH STREET, JONESBORO, CLAYTON COUNTY, GEORGIA 30236.

s/ SANDRA DAVIS SANDRA T. DAVIS CLERK OF THE COMMISSION DECEMBER 23, 2016 [SEAL]

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PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF CLAYTON

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 Clayton News, published at Jonesboro, County of Clayton, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of

Ad No.: 456585 Name and File No.: AMENDING LOCAL ACT a true copy of which is hereto attached, was published in said newspaper on the following date(s): 11/26/16 Sat 12/03/16 Sat 12/10/16 Sat 12/17/16 Sat

s/ ROBERT D. MCCRAY Robert D. McCray, SCNI Vice President of Sales and Marketing

s/ TINA PETHEL By Tina Pethel SCNI Controller

Sworn and subscribed before me 01/05/17 [SEAL]

s/ KATHY B. STEPHENS Notary Public My commission expires June 23, 2018

NOTICE

Pursuant to its Home Rule Powers provided by Georgia Constitution, Article IX, Section II, Paragraph I, the Clayton County Board of Commissioners will consider amending the Local Act Setting Forth the General Provisions Governing Clayton County, 1983 Ga. Laws, p. 4503, Section 4, codified at Clayton County Code, Part I, Article II, Section 2-13(a), to establish that the Chief Operating Officer takes daily direction from the Board of Commissioners. This matter will be considered and voted upon at the Clayton County Board

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COUNTY HOME RULE ORDINANCES

of Commissioners' regular business meetings on December 6, 2016 and December 20, 2016 at 7:00pm at 112 Smith Street, Jonesboro, Georgia. A copy of the proposed amendment is on file in the office of the Clayton County Clerk of the Superior Court for the purpose of examination and inspection by the public. The Clayton County Clerk of the Superior Court shall furnish anyone, upon written request, a copy of the proposed amendment.

Filed in the Office of the Secretary of State January 9, 2017. __________

CLAYTON COUNTY CIVIL SERVICE SYSTEM; EXEMPT DEPARTMENT DIRECTORS AND DEPARTMENT HEADS.

STATE OF GEORGIA

COUNTY OF CLAYTON

ORDINANCE NO. 2016 176

AN ORDINANCE ADOPTED UNDER THE HOME RULE POWERS GRANTED PURSUANT TO ARTICLE IX, SECTION II, PARAGRAPH I OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983, TO AMEND THE LOCAL ACT OF THE GENERAL ASSEMBLY CREATING THE CLAYTON COUNTY CIVlL SERVICE SYSTEM, 1994 GA. LAWS, PAGE 4399, TO EXCEPT DEPARTMENT DIRECTORS AND DEPARTMENT HEADS FROM THE CIVlL SERVICE SYSTEM; TO PROVIDE AN EFFECTIVE DATE OF THIS ORDINANCE; AND FOR OTHER PURPOSES.

WHEREAS, the Clayton County Civil Service System Act ("Act") was established and adopted by a Local Constitutional Amendment passed by the General Assembly of the State of Georgia, 1963 Ga. Laws, page 681, the Act was continued in force and effect on March 28, 1986, 1986 Ga. Laws, page 5573, and the Act was amended on March 29, 1994, 1994 Ga. Laws, page 4399; and

WHEREAS, the Act is codified in the Clayton County Code, Part I Related Laws Pertaining to Clayton County, Article IV. Civil Service System, Sections 4-1.-4-13.; and

WHEREAS, the Clayton County Board of Commissioners wishes to exercise its Home Rule Power to amend the Act to except department directors and department heads from the civil service system.

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NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS CLAYTON COUNTY, GEORGIA AND IT IS HEREBY ORDAINED

Section 1. By the authority granted to the Clayton County Board of Commissioners pursuant to Article IX, Section II, Paragraph I of the Constitution of the State of Georgia of 1983, the Board of Commissioners hereby amends the Clayton County Civil Service System Act ("Act"), originally established and adopted at 1963 Ga. Laws, page 681, continued in force and effect at 1986 Ga. Laws, page 5573, and amended by 1994 Ga. Laws, page 4399, Section 2(c), and also hereby amends the CODE OF CLAYTON COUNTY, GEORGIA, as amended, Part I Related Laws Pertaining to Clayton County, Article IV. Civil Service System, Section 4-2. Established; employees subject to system; exempt employees, subsection (c), by deleting subsection (c) in its entirety and replacing it with a new subsection (c) to read as follows:

"All employees of Clayton County may be placed under the civil service system except elected officials; appointed boards; members of commissions and authorities; probationary employees; temporary employees; part-time employees; judges of the juvenile court; judges of the magistrate court; the chief administrator; the chief operating officer; the economic development officer; the staff attorney; deputy clerks of the superior and state court; deputy tax commissioners; court reporters; law clerks; department directors; department heads; and other employees expressly exempt by law."

Section 2. All laws, ordinances and resolutions, or parts thereof, which contlict with the provisions of this Ordinance are hereby repealed.

Section 3. If any part of this Ordinance shall be declared unconstitutional by the valid judgment of any court of competent jurisdiction, such unconstitutionality shall not affect the remainder of this enactment, and such remainder shall remain in full force and effect.

Section 4. Pursuant to Article IX, Section II, Paragraph I (b)(1) of the Constitution of the State of Georgia of 1983, local acts amended using to the Home Rule Power must be adopted at two regular consecutive meetings.

This Ordinance was approved on the 6th day of December, 2016, by a vote of 4 yeas and 0 nays. [Commissioner Rooks was absent from this meeting.] This Ordinance was approved on the 20th day of December, 2016, by a vote of 5 yeas and 0 nays.

This Ordinance shall become effective immediately upon its second approval by the Board of Commissioners.

4078

COUNTY HOME RULE ORDINANCES

SO ORDAINED, this the 20th day of December, 2016.

CLAYTON COUNTY BOARD OF COMMISSIONERS

s/ JEFFREY E. TURNER JEFFREY E. TURNER, CHAIRMAN

s/ SONNA GREGORY SONNA GREGORY, VICE CHAIRMAN

s/ MICHAEL EDMONDSON MICHAEL EDMONDSON, COMMISSIONER

s/ GAIL B. HAMBRICK GAIL B. HAMBRICK, COMMISSIONER

s/ SHANA M. ROOKS SHANA M. ROOKS, COMMISSIONER

ATTEST: s/ SANDRA T. DAVIS SANDRA T. DAVIS, CLERK

CERTIFICATION

I, SANDRA T. DAVIS, CLERK TO THE CLAYTON COUNTY BOARD OF COMMISSIONERS, DO HEREBY CERTIFY THAT THE ATTACHED IS A TRUE AND EXACT COPY OF ORDINANCE 2016-176 AS ADOPTED AT THE DECEMBER 6, 2016 REGULAR BUSINESS MEETING AND A SECOND ADOPTION AT THE DECEMBER 20, 2016 REGULAR BUSINESS MEETING. THIS ORDINANCE ADOPTED UNDER THE HOME RULE POWERS GRANTED PURSUANT TO ARTICLE IX, SECTION II, PARAGRAPH I OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983, TO AMEND THE LOCAL ACT OF THE GENERAL ASSEMBLY CREATING THE CLAYTON COUNTY CIVIL SERVICE SYSTEM, 1994 GA. LAWS, PAGE 4399, TO EXCEPT DEPARTMENT DIRECTORS AND DEPARTMENT HEADS FROM THE CIVIL SERVICE SYSTEM; TO PROVIDE AN EFFECTIVE DATE OF THIS ORDINANCE; AND FOR OTHER PURPOSES. A COPY OF THIS ORDINANCE CAN BE FOUND ON FILE IN THE COMMISSIONERS' OFFICE, LOCATED AT 112 SMITH STREET, JONESBORO, CLAYTON COUNTY, GEORGIA 30236.

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s/ SANDRA T. DAVIS SANDRA T. DAVIS CLERK OF THE COMMISSION DECEMBER 23, 2016

[ SEAL ]

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF CLAYTON

Personally appeared before the undersigned, a notary public within and for said county and state, Robert D. McCray, Vice President of SCNI, which publishes the Clayton News, published at Jonesboro, County of Clayton, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of

Ad No.: 456578 Name and File No.: AMENDING CIVIL SERVICE ACT a true copy of which is hereto attached, was published in said newspaper on the following date(s): 11/26/16 Sat 12/03/16 Sat 12/10/16 Sat 12/17/16 Sat

s/ ROBERT D. MCCRAY Robert D. McCray, SCNI Vice President of Sales and Marketing

s/ TINA PETHEL By Tina Pethel SCNI Controller

Sworn and subscribed before me 01/05/17 [SEAL]

s/ KATHY B. STEPHENS Notary Public My commission expires June 23, 2018

4080

COUNTY HOME RULE ORDINANCES

NOTICE Pursuant to Its Home Rule Powers provided by Georgia Constitution, Article IX, Section II, Paragraph I, the Clayton County Board of Commissioners will consider amending the Clayton County Civil Service Act, 1994 Ga. Laws, p. 4399, Section 2(c), codified at Clayton County Code Part I, Article IV, Sec. 4-2(c), to exempt from the Clayton County Civil Service Act all department directors and department heads. This matter will be considered and voted upon at the Clayton County Board of Commissioners' regular business meetings on December 6, 2016 and December 20, 2016 at 7:00pm at 112 Smith Street, Jonesboro, Georgia. A copy of the proposed amendment is on file in the office of the Clayton County Clerk of the Superior Court for the purpose of examination and inspection by the public. The Clayton County Clerk of the Superior Court shall furnish anyone, upon written request, a copy of the proposed amendment.

Filed in the Office of the Secretary of State January 9, 2017. __________

CLAYTON COUNTY CLAYTON CIVIL SERVICE SYSTEM; EXEMPT SECRETARIES OF SUPERIOR COURT JUDGE.

STATE OF GEORGIA COUNTY OF CLAYTON

ORDINANCE NO. 2017 19

AN ORDINANCE ADOPTED UNDER THE HOME RULE POWERS GRANTED PURSUANT TO ARTICLE IX, SECTION II, PARAGRAPH I OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983, TO AMEND THE LOCAL ACT OF THE GENERAL ASSEMBLY CREATING THE CLAYTON CIVIL SERVICE SYSTEM, 1994 GA. LAWS, PAGE 4399, TO EXCEPT SUPERIOR COURT JUDICIAL SECRETARIES FROM THE CIVIL SERVICE SYSTEM; TO PROVIDE AN EFFECTIVE DATE OF THIS ORDINANCE; AND FOR OTHER PURPOSES.

WHEREAS, the Clayton County Civil Service System Act ("Act") was established and adopted by a Local Constitutional Amendment passed by the General Assembly of the State of Georgia, 1963 Ga. Laws, page 681, the Act was continued in force and effect on March 28, 1986, 1986 Ga. Laws, page 5573, and the Act was amended on March 29, 1994, 1994 Ga. Laws, page 4399; and

WHEREAS, the Act is codified in the Clayton County Code, Part I - Related Laws Pertaining to Clayton County, Article IV. - Civil Service System, Sections 4-1.-4-13.; and

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WHEREAS, the Clayton County Board of Commissioners wishes to exercise its Home Rule Power to amend the Act to except superior court judicial secretaries from the civil service system.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS CLAYTON COUNTY, GEORGIA AND IT IS HEREBY ORDAINED

Section 1. By the authority granted to the Clayton County Board of Commissioners pursuant to Article IX, Section II, Paragraph I of the Constitution of the State of Georgia of 1983, the Board of Commissioners hereby amends the Act, originally established and adopted at 1963 Ga. Laws, page 681, continued in force and effect at 1986 Ga. Laws, page 5573, and amended by 1994 Ga. Laws, page 4399, and also hereby amends the CODE OF CLAYTON COUNTY, GEORGIA, as amended, Part I - Related Laws Pertaining to Clayton County, Article IV. - Civil Service System, Section 4-2. Established; employees subject to system; exempt employees, subsection (c), by deleting subsection (c) in its entirety and replacing it with a new subsection (c) to read as follows:

"All employees of Clayton County may be placed under the civil service system except elected officials; appointed boards; members of commissions and authorities; probationary employees; temporary employees; part-time employees; judges of the juvenile court; judges of the magistrate court; the chief administrator; the chief operating officer; the economic development officer; the staff attorney; deputy clerks of the superior and state court; deputy tax commissioners; court reporters; law clerks; department directors; department heads; superior court judicial secretaries and other employees expressly exempt by law."

Section 2. All laws, ordinances and resolutions, or parts thereof, which conflict with the provisions of this Ordinance are hereby repealed.

Section 3. If any part of this Ordinance shall be declared unconstitutional by the valid judgment of any court of competent jurisdiction, such unconstitutionality shall not affect the remainder of this enactment, and such remainder shall remain in full force and effect.

Section 4. Pursuant to Article IX, Section II, Paragraph I (b)(l) of the Constitution of the State of Georgia of 1983, local acts amended using to the Home Rule Power must be adopted at two regular consecutive meetings.

This Ordinance was approved on the 21st day of March, 2017, by a vote of 5 yeas and 0 nays.

This Ordinance was approved on the 4th day of April, 2017, by a vote of 5 yeas and 0 nays.

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This Ordinance was approved on the 18th day of April, 2017, by a vote of 5 yeas and 0 nays.

This Ordinance shall become effective immediately upon its third approval by the Board of Commissioners.

CLAYTON COUNTY BOARD OF COMMISSIONERS

s/ JEFFREY E. TURNER JEFFREY E. TURNER, CHAIRMAN

s/ MICHAEL EDMONDSON MICHAEL EDMONDSON, VICE CHAIRMAN

s/ SONNA GREGORY SONNA GREGORY, COMMISSIONER

s/ GAIL B. HAMBRICK GAIL B. HAMBRICK, COMMISSIONER

ATTEST: s/ SANDRA T. DAVIS SANDRA T. DAVIS, CLERK

s/ FELICIA FRANKLIN WARNER FELICIA FRANKLIN WARNER, COMMISSIONER

CERTIFICATION

I, SANDRA T. DAVIS, CLERK TO THE CLAYTON COUNTY BOARD OF COMMISSIONERS, DO HEREBY CERTIFY THAT THE ATTACHED IS A TRUE AND EXACT COPY OF ORDINANCE 2017-19 AS ADOPTED AT THE MARCH 21, 2017 REGULAR BUSINESS MEETING, A SECOND ADOPTION AT THE APRIL 4, 2017 REGULAR BUSINESS MEETING AND THE FINAL ADOPTION AT THE APRIL 18, 2017 REGULAR BUSINESS MEETING. THIS ORDINANCE ADOPTED UNDER THE HOME RULE POWERS GRANTED PURSUANT TO ARTICLE IX, SECTION II, PARAGRAPH I OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1983, TO AMEND THE LOCAL ACT OF THE GENERAL ASSEMBLY CREATING THE CLAYTON CIVIL SERVICE SYSTEM, 1994 GA. LAWS, PAGE 4399, TO EXCEPT SUPERIOR COURT JUDICIAL SECRETARlES FROM THE CIVIL SERVICE SYSTEM;

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TO PROVIDE AN EFFECTIVE DATE OF THIS ORDINANCE; AND FOR OTHER PURPOSES. A COPY OF THIS ORDINANCE CAN BE FOUND ON FILE IN THE COMMISSIONERS' OFFICE, LOCATED AT 112 SMITH STREET, JONESBORO, CLAYTON COUNTY, GEORGIA 30236.

s/ SANDRA DAVIS SANDRA T. DAVIS CLERK OF THE COMMISSION APRIL 19, 2017
[SEAL]

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF CLAYTON

Personally appeared before the undersigned, a notary public within and for said county and state, Robert D. McCray, Vice President of SCNI, which publishes the Clayton News, published at Jonesboro, County of Clayton, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of

Ad No.: 475872 Name and File No.: PUBLIC NOTICE/HOME RULE a true copy of which is hereto attached, was published in said newspaper on the following date(s): 03/22/17 Wed 03/29/17 Wed 04/05/17 Wed 04/12/17 Wed

s/ ROBERT D. MCCRAY Robert D. McCray, SCNI Vice President of Sales and Marketing

s/ TINA PETHEL By Tina Pethel SCNI Controller

Sworn and subscribed before me 04/12/17 s/ KATHY B. STEPHENS Notary Public

4084

COUNTY HOME RULE ORDINANCES

My commission expires June 23, 2018 [SEAL]

PUBLIC NOTICE

Pursuant to its Home Rule Powers provided by Georgia Constitution, Article IX, Section II, Paragraph I, the Clayton County Board of Commissioners will consider amending the Clayton County Civil Service Act, 1994 Ga. Laws, p. 4399, Section 2(c), codified at Clayton County Code Part I, Article IV, Sec. 4-2(c), to exempt from the Clayton County Civil Service Act superior court judicial secretaries. The matter will be considered at the March 21, 2017 and April 4, 2017 Clayton County Board of Commissioners' regular business meetings with final vote taken at the Clayton County Board of Commissioners' regular business meeting on April 18, 2017. All Clayton County Board of Commissioners' regular business meetings start at 7:00pm at 112 Smith Street, Jonesboro, Georgia. A copy of the proposed amendment is on file in the office of the Clayton County Clerk of the Superior Court for the purpose of examination and inspection by the public. The Clayton County Clerk of the Superior Court shall furnish anyone, upon written request, a copy of the proposed amendment.

Filed in the Office of the Secretary of State April 25, 2017.

HOME RULE ORDINANCES
OF MUNICIPAL CORPORATIONS

GEORGIA LAWS 2017 SESSION

4087

CITY OF MARIETTA MAYOR AND COUNCIL; COMPENSATION.

LEGISTAR #: 20160710 ORDINANCE NO: 7917

AN ORDINANCE

AMENDING the Marietta City Charter Section 2.12 and 2.7 to provide for an increase in compensation for the Mayor and City Counsel and Mayor Pro Tem as attached to be effective upon the sitting of the Term of Council January 2018.
_________________________

NOW THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF MARIETTA, GEORGIA, HEREBY ORDAINS:

Section 1. The Charter of the City of Marietta, Georgia is hereby amended pursuant to O.C.G.A 36-35-3 and O.C.G.A 36-35-4 as well as any other applicable laws. This Ordinance is hereby adopted following the first of two public hearings and as follows: (a) The publication of notice in the local newspaper, as required by law; (b) The holding of one public hearing; (c) The filing of the Proposed Amendments with the Clerk of Superior Court and the Clerk for the City of Marietta, Georgia.

Section 2. To amend Section 2.12 - Salaries; reimbursement of expenses.

The salaries of the mayor and each councilman 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.
Until changed by ordinance, the mayor shall be paid a salary of $25,200 per year, payable in equal monthly installments of $2,100 for attending council and committee meetings, plus $160 monthly for expenses. Until changed by ordinance, all other members of the council shall receive a salary of $18,900 per year, payable in equal monthly installments of $1,575 plus $150 monthly for expenses. In addition to the amounts described in this paragraph, each member of the council shall receive reasonable expenses and expenditures for travel without the corporate limits of the City of Marietta on business beneficial to the City. Such payments shall be made as follows:
a) Payment for registration in any conference, seminar, gathering, or other meeting beneficial to the interest of the city; and

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MUNICIPAL HOME RULE ORDINANCES

b) Costs for lodging either in the form of direct payment by the city to the establishment furnishing such lodging, or as a cash advance to the member of the council for the purpose of lodging; and
c) Costs for transportation to and from the conference, seminar, gathering, meeting or other travel without the city, provided however, should any member of the council utilize his or her personal vehicle as transportation, such member shall be entitled to payment at the prevailing IRS Standard Mileage Rate for travel by the most direct route to and from the city; and
d) A per diem pursuant to the IRS per diem rates as published. Each member of the council shall have a specific amount included in the budget of the City of Marietta for travel purposes for the entire fiscal year, and no amount shall be paid in excess of the budgeted amount.

Section 3. To amend Section 2.7 - Mayor pro tem; presiding officer.

The mayor pro tem shall be appointed at the January meeting of each year for a term of one year from the members of the council by the mayor with the consent of a majority of the council. The mayor pro tem shall be clothed with all rights, powers and duties of the mayor during the absence or disability of the latter officer, except that the mayor pro tem shall not have the authority to veto any item but shall retain the right to vote as a member of the council while discharging the duties of the mayor. lf there shall be a vacancy in the office of the mayor pro tem, the majority of the council may fill the same at any regular meeting of the council or in vacation. In the event of the death or resignation of the mayor or his or her removal from office, the mayor pro tem shall discharge the duties of the mayor until the vacancy is filled by the selection of a successor as hereinafter provided. If the mayor should not appoint, with the consent of council, a mayor pro tem by January 31 of each year, the council may select the mayor pro tem by majority vote of the council. The mayor pro tem shall be paid in addition to his or her council salary a salary of $125.00 per month.

Section 4. It is hereby declared to be the intention of this Ordinance that its sections, paragraphs, sentences, clauses and phrases are severable, and if any section, paragraph, sentence, clause or phrase of this Ordinance is declared to be unconstitutional or invalid, it shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this Ordinance.

Section 5. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed.

Section 6. This Ordinance shall become effective upon the signature or without the signature of the Mayor subject to Georgia laws 1983, Page 4119.

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FIRST READING VOTES FOR: 5

VOTES AGAINST: 0

DATE: July 13, 2016

APPROVED:

ATTEST:

s/ STEVE TUMLIN Steve Tumlin, MAYOR

s/ STEPHANIE GUY Stephanie Guy, CITY CLERK

Approved as to Form:

s/ DOUGLAS R. HAYNIE Douglas R. Haynie City Attorney

LEGISTAR#: 20160800 ORDINANCE NO.: 7918

AN ORDINANCE

AMENDING the Marietta City Charter Section 2.12 and 2.7 to provide for an increase in compensation for the Mayor and City Council and Mayor Pro Tem as attached to be effective upon the sitting of the Term of Council January 2018.
__________________________________

NOW THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF MARIETTA, GEORGIA, HEREBY ORDAINS:

Section 1. The Charter of the City of Marietta, Georgia is hereby amended pursuant to O.C.G.A. 36-35-3 and O.C.G.A. 36-35-4 as well as any other applicable laws. This Ordinance is hereby adopted following the second of two public hearings and as follows: (a) The publication of notice in the local newspaper, as required by law; (b) The holding of two public hearings; (c) The filing of the Proposed Amendments with the Clerk of Superior Court and the Clerk for the City of Marietta, Georgia.

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MUNICIPAL HOME RULE ORDINANCES

Section 2. To amend Section 2.12 - Salaries; reimbursement of expenses.

The salaries of the mayor and each councilman 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.
Until changed by ordinance, the mayor shall be paid a salary of $25,200 per year, payable in equal monthly installments of $2,100 for attending council and committee meetings, plus $160 monthly for expenses. Until changed by ordinance, all other members of the council shall receive a salary of $18,900 per year, payable in equal monthly installments of $1,575 plus $150 monthly for expenses. In addition to the amounts described in this paragraph, each member of the council shall receive reasonable expenses and expenditures for travel without the corporate limits of the City of Marietta on business beneficial to the City. Such payments shall be made as follows:
a) Payment for registration in any conference, seminar, gathering, or other meeting beneficial to the interest of the city; and b) Costs for lodging either in the form of direct payment by the city to the establishment furnishing such lodging, or as a cash advance to the member of the council for the purpose of lodging; and c) Costs for transportation to and from the conference, seminar, gathering, meeting or other travel without the city, provided however, should any member of the council utilize his or her personal vehicle as transportation, such member shall be entitled to payment at the prevailing IRS Standard Mileage Rate for travel by the most direct route to and from the city; and d) A per diem pursuant to the IRS per diem rates as published. Each member of the council shall have a specific amount included in the budget of the City of Marietta for travel purposes for the entire fiscal year, and no amount shall be paid in excess of the budgeted amount.

Section 3. To amend Section 2.7 Mayor pro tem; presiding officer.

The mayor pro tem shall be appointed at the January meeting of each year for a term of one year from the members of the council by the mayor with the consent of a majority of the council. The mayor pro tem shall be clothed with all rights, powers and duties of the mayor during the absence or disability of the latter officer, except that the mayor pro tem shall not have the authority to veto any item but shall retain the right to vote as a member of the council while discharging the duties of the mayor. If there shall be a vacancy in the office of the mayor pro tem, the majority of the council may fill the same at any regular meeting of the council or in vacation. In the event of the death or resignation of the mayor or his or her removal from office, the mayor pro tem shall discharge the duties of the mayor until the vacancy is filled by the selection of a successor as hereinafter provided. If the mayor should

GEORGIA LAWS 2017 SESSION

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not appoint, with the consent of council, a mayor pro tem by January 31 of each year, the council may select the mayor pro tem by majority vote of the council. The mayor pro tem shall be paid in addition to his or her council salary a salary of $125.00 per month.

Section 4. It is hereby declared to be the intention of this Ordinance that its sections, paragraphs, sentences, clauses and phrases are severable, and if any section, paragraph, sentence, clause or phrase of this Ordinance is declared to be unconstitutional or invalid, it shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this Ordinance.

Section 5. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed.

Section 6. This Ordinance shall become effective upon the signature or without the signature of the Mayor subject to Georgia laws 1983, Page 4119.

SECOND READING VOTES FOR: 4

VOTES AGAINST: 2

DATE: August 10, 2016

APPROVED:

ATTEST:

s/ R. STEVE TUMLIN Steve Tumlin, MAYOR

s/ STEPHANIE GUY Stephanie Guy, CITY CLERK

Approved as to Form:

s/ DOUGLAS R. HAYNIE Douglas R. Haynie City Attorney

4092

MUNICIPAL HOME RULE ORDINANCES

NOTICE OF FILING OF DOCUMENTS WITH
CLERK OF SUPERIOR COURT OF COBB COUNTY, GEORGIA

AMENDMENT OF MUNICIPAL CHARTER OF
CITY OF MARIETTA, GEORGIA

TO: Clerk, Superior Court of Cobb County, Georgia

WHEREAS, the City of Marietta, pursuant to O.C.G.A. 36-35-3 and O.C.G.A. 36-35-4 will conduct two public hearings on the issue of whether or not to amend Sections 2.7 and 2.12 of its Municipal Charter to alter the compensation of the Mayor and members of City Council, per attached,
WHEREAS, Georgia law requires that the proposed amendment be filed with this office, NOW THEREFORE, the City of Marietta hereby files with this office the following documentation: 1. Copy of proposed Ordinance amending the City Charter of Marietta, Georgia; 2. Copy of newspaper advertisement Please be advised that public hearings will be held on this proposed amendment on July 13, 2016 and August 10, 2016, both at 7:00 o'clock p.m. in Council Chambers for the City of Marietta Georgia. This 24th day of June, 2016.

Respectfully submitted,

s/ DOUGLAS R. HAYNIE DOUGLAS R. HAYNIE State Bar No. 340800 City Attorney for the City of Marietta, Georgia

HAYNIE, LITCHFIELD, CRANE & WHITE, P.C. 222 Washington Avenue Marietta, Georgia 30060 (770) 422-8900

GEORGIA LAWS 2017 SESSION

4093

COBB COUNTY GA. FILED IN OFFICE 2016, JUN 27 PM 1:48 s/ REBECCA KEATON COBB SUPERIOR COURT CLERK

NOTICE OF FILING OF DOCUMENTS WITH
CLERK OF THE CITY OF MARIETTA, GEORGIA

AMENDMENT OF MUNICIPAL CHARTER OF
CITY OF MARIETTA, GEORGIA

TO: Clerk, City of Marietta, Georgia

WHEREAS, the City of Marietta, pursuant to O.C.G.A. 36-35-3 and O.C.G.A. 36-35-4 will conduct two public hearings on the issue of whether or not to amend Sections 2.7 and 2.12 of its Municipal Charter to alter the compensation of the Mayor and members of City Council, per attached,
WHEREAS, Georgia law requires that the proposed amendment be filed with this office, NOW THEREFORE, the City of Marietta hereby files with this office the following documentation: 1. Copy of proposed Ordinance amending the City Charter of Marietta, Georgia; 2. Copy of newspaper advertisement Please be advised that public hearings will be held on this proposed amendment on July 13, 2016 and August 10, 2016, both at 7:00 o'clock p.m. in Council Chambers for the City of Marietta, Georgia.

This 24th day of June, 2016.

Respectfully submitted,

s/ DOUGLAS R. HAYNIE DOUGLAS R. HAYNIE State Bar No. 340800 City Attorney for the City of Marietta, Georgia

4094

MUNICIPAL HOME RULE ORDINANCES

HAYNIE, LITCHFIELD, CRANE & WHITE, P.C. 222 Washington Avenue Marietta, Georgia 30060 (770) 422-8900

FILED IN MARIETTA CITY CLERK'S OFFICE THIS 27 DAY OF JUNE 2016 AT 1:39 O'CLOCK P M s/ SHIRLEY THOMPSON
RECORDS CLERK

NOTICE OF PUBLIC HEARINGS CITY OF MARIETTA CHARTER AMENDMENT SALARY OF MUNICIPAL ELECTED OFFICIALS

Please take notice that the first of two public hearings will be held before the Mayor and Council for the City of Marietta on July 13, 2016 at 7:00 p.m. at a regular meeting of the Mayor and Council located in the Council Chambers for the City of Marietta in the Marietta City Hall at 205 Lawrence Street, Marietta, Georgia, 30060. The Mayor and Council will consider whether or not to set the annual salaries as follows: Mayor: $25,200; City Council persons: $18,900; Mayor Pro Tem: $125 per month effective January, 2018.

Run Dates: July 1, 2016 July 8, 2016

By: /s/ Douglas R. Haynie Douglas R. Haynie City Attorney for the City of Marietta

NOTICE TO CLERK OF THE CITY OF MARIETTA NOTICE OF PUBLIC HEARINGS
CITY OF MARIETTA CHARTER AMENDMENT COMPENSATION OF ELECTED OFFICIALS

You are hereby notified that the City of Marietta will conduct two public hearings on amending its Compensation for Elected Officials in compliance with state laws. The public hearings will be held during regular City Council meetings on July 13, 2016 and August 10, 2016 in the Council Chambers in the Marietta City Hall at 205 Lawrence Street, Marietta, Georgia, 30060. Public hearings will be held in conjunction with the consideration of the amendment of the Compensation for Elected Officials. The public is welcome to

GEORGIA LAWS 2017 SESSION

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attend and comment. The full text of the proposed amendments are on file with the Clerk of the City of Marietta.
Attached hereto are copies of the notices to the public (legal ads) and the proposed ordinance.
This 24th day of JUNE, 2016.

By: /s/ Douglas R. Haynie Douglas R. Haynie City Attorney for the City of Marietta

FILED IN MARIETTA CITY CLERK'S OFFICE THIS 27 DAY OF JUNE 2016 AT 1:39 O'CLOCK P M s/ SHIRLEY THOMPSON
RECORDS CLERK

NOTICE TO SECRETARY OF STATE OF THE STATE OF GEORGIA NOTICE OF PUBLIC HEARINGS
CITY OF MARIETTA CHARTER AMENDMENT COMPENSATION OF ELECTED OFFICIALS

You are hereby notified that the City of Marietta will conduct two public hearings on amending its Compensation for Elected Officials in compliance with state laws. The public hearings will be held during regular City Council meetings on July 13, 2016 and August 10, 2016 in the Council Chambers in the Marietta City Hall at 205 Lawrence Street, Marietta, Georgia, 30060. Public hearings will be held in conjunction with the consideration of the amendment of the Compensation for Elected Officials. The public is welcome to attend and comment. The full text of the proposed amendments are on file with the Clerk of the City of Marietta.
Attached hereto are copies of the notices to the public (legal ads) and the proposed ordinance.
This 24th day of JUNE, 2016.

By: /s/ Douglas R. Haynie Douglas R. Haynie City Attorney for the City of Marietta

4096

MUNICIPAL HOME RULE ORDINANCES

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA - County of Cobb

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 Publisher of Times Journal, Inc., publishers of the Marietta Daily Journal, 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 1 and 8 days of July, 2016 as provided by law.

s/ OTIS BRUMBY III

Subscribed and sworn to before me this 23 day of September, 2016

s/ MIMI MITCHELL Notary Public
My commission expires 3/21 2020 [SEAL]

M-4309 NOTICE OF PUBLIC HEARINGS CITY OF MARIETTA CHARTER AMENDMENT
SALARY OF MUNICIPAL ELECTED OFFICIALS
Please take notice that the first of two public hearings will be held before the Mayor and Council for the City of Marietta on July 13, 2016 at 7:00 p.m. at a regular meeting of the Mayor and Council located in the Council Chambers for the City of Marietta in the Marietta City Hall at 205 Lawrence Street, Marietta, Georgia, 30060. The Mayor and Council will consider whether or not to set the annual salaries as follows: Mayor: $26,200; City Council persons: $18,900: Mayor Pro Tem: $125 per month effective January, 2018.
Douglas R. Haynie City Attorney for the City of Marietta

Filed in the Office of the Secretary of State September 27, 2016. __________

GEORGIA LAWS 2017 SESSION

4097

CITY OF BYRON RECORDER'S COURT; TERM AND REMOVAL OF JUDGE.

# 2016-4

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)(1) AND SECTION 23 (b)(3) 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 TERM OR REMOVAL OF THE JUDGE; 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 deleting Section 23 (b) (1) in it is entirety and substituting in lieu thereof a new Section 23 (b)(1) so as to provide for the term and removal of the judge; and by deleting Section 23 (b)(3) in it is entirety and substituting in lieu thereof a new Section 23 (b)(3) concerning the service of the pro-tem judges . Said Section 23(b)(1) and Section 23 (b)(3) shall read as follows:

Section 23. Creation of Recorder's Court.

(b)(1) The city council shall appoint a person to serve as judge of the recorder's court and such judge shall preside over said court. No person shall be so appointed unless he is a resident of the Macon or Houston Judicial Circuits; is a member in good standing of the State Bar of Georgia; and has been actively engaged in the practice of law, either as an attorney or as a judge, for at least two years preceding his appointment. Before entering on the duties of his office, the judge shall take an oath before the city clerk that he will truly, honestly and faithfully discharge the duties of this office to the best of his ability without fear, favor or partiality. The oath shall be entered upon the minutes of the council. The judge shall serve for a minimum term of one year and until a successor is appointed or if the judge is removed from office provided in O.C.G.A. 36-32-2.2.

(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

4098

MUNICIPAL HOME RULE ORDINANCES

the same qualifications as the Chief Judge, shall be required to take the oath required of the Chief Judge, and shall serve as provided by law.

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 8th day of August, 2016.

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/ RUSTY ADAMS Rusty Adams, Council Member

s/ MICHAEL S. CHUMBLEY Michael S. Chumbley, Council Member

Attest:

s/ ALAN DORSEY Alan C. Dorsey, Council Member

s/ TELINA ALLRED Telina Allred, City Clerk

SO ORDAINED by the Mayor and Council of the City of Byron, Georgia, this 12th day of September, 2016.

Mayor:

s/ LAWRENCE C. COLLINS Lawrence C. Collins

GEORGIA LAWS 2017 SESSION

4099

s/ MICHAEL L. CHIDESTER Michael L. Chidester, Mayor Pro-Tem

s/ JAMES RICHARDSON James Richardson, Council Member

s/ RUSTY ADAMS Rusty Adams, Council Member

s/ MICHAEL S. CHUMBLEY Michael S. Chumbley, Council Member

Attest:

(absent) Alan C. Dorsey, Council Member

s/ TELINA ALLRED Telina Allred, City Clerk

CERTIFICATION

GEORGIA, Peach County,

I, Telina Allred, Clerk of Council of the City of Byron, Georgia, do hereby certify that the attached is a true and correct copy of the official City of Byron Ordinance #2016-4 regarding the request to amend the Charter of the City of Byron regarding Municipal Court Judge term or removal per House Bill 691 that was adopted by Mayor and Council on August 8, 2016 and September 12, 2016.

Witness my official signature and seal of the said municipality this 12th day of September, 2016.

s/ TELINA ALLRED Telina Allred Clerk of Council

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:

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MUNICIPAL HOME RULE ORDINANCES

Harris & James,LLP - Public Notice 7/27, 8/3, /10, 2016

This 24 Day of August, 2016

s/ JUDY S. ROBINSON Judy Robinson, Publisher

Sworn and subscribed before me this 24 day of August, 2016

s/ SHERRY LITTLE Notary Public (SEAL)

PUBLIC NOTICE

In accordance with the procedure set forth in the Municipal Home Rule Act, O.C.G.A. 36-35-1, et seq., the City of Byron proposes to amend Section 23 of the Charter of the City of Byron with regard to the Term or Removal of Judges. A copy of the proposed amendment is on file in the Office of the Clerk of the City of Byron and in the Office of the Peach County Superior Court Clerk. Joan W. Harris

Filed in the Office of the Secretary of State October 3, 2016. __________

CITY OF JONESBORO CITY COUNCIL; TERMS AND QUALIFICATIONS FOR OFFICE.

CITY OF JONESBORO STATE OF GEORGIA

ORDINANCE NO. 2016-11 CITY OF JONESBORO, GEORGIA
PREAMBLE AND FINDINGS

A HOME RULE ORDINANCE TO AMEND THE CHARTER OF THE CITY OF JONESBORO, GEORGIA; TO AMEND ARTICLE II, GOVERNMENT STRUCTURE, SECTION 2.11, CITY COUNCIL TERMS AND QUALIFICATIONS FOR OFFICE; TO PROVIDE FOR CODIFICATION; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN ADOPTION DATE; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES ALLOWED BY LAW.

GEORGIA LAWS 2017 SESSION

4101

WHEREAS, the governing authority of the City of Jonesboro, Georgia (the "City") are the Mayor and Council thereof; and

WHEREAS, the City has determined that, due to various inconsistencies within the City's charter regarding personnel issues, a comprehensive review and amendment of Articles II and III of the City's charter is necessary; and

WHEREAS, such a revision will streamline and clarify the law and processes of the City with regard to hiring, employment and termination of employees; and

WHEREAS, a synopsis of this ordinance, along with the dates of the first and second readings has been advertised once per week for three (3) weeks within sixty (60) days preceding the adoption of this ordinance, in accordance with Section 36-35-3(b)(1) of the Official Code of Georgia;

WHEREAS, a synopsis of the ordinance, along with the dates of the first and second readings were advertised in the Clayton Daily News on September 17, 2016, September 21, 2016, and September 28, 2016;

WHEREAS, the notice of the adoption of this ordinance provided that a copy of the proposed ordinance is available for inspection at the city clerk's office and at the Superior Court of Clayton County, in accordance with Section 36-35-3(b)(1) of the Official Code of Georgia;

WHEREAS, this ordinance has been considered at two (2) consecutive public meetings, no less than seven (7) and no more than sixty (60) days apart, in accordance with Section 36-35-3(b)(1) of the Official Code of Georgia;

WHEREAS, this ordinance was considered at public meetings held on October 3, 2016 and October 10, 2016;

WHEREAS, these amendments are necessary to further the general health and welfare of the community; and

NOW THEREFORE, BE IT AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF JONESBORO, GEORGIA and by the authority thereof:

Section One. The City's Charter is hereby amended by deleting the existing Section 2.11, City Council Terms and Qualifications for Office, of Article II, Government Structure, and adding a new Section 2.11, in lieu thereof, to read and to be codified as follows:

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MUNICIPAL HOME RULE ORDINANCES

(a) The mayor and councilmembers shall serve for terms of four (4) years or until their respective successors are elected and qualified. (b) No person shall be eligible for the office of mayor or councilmember unless he/she, at the time that he/she has qualified to run for office:
(1) has been a resident of the city for a period of one (1) year; (2) has reached the age of twenty-one (21); (3) is a qualified voter; and (4) has not been convicted of any crime involving moral turpitude. (c) No person's name shall be placed on the ballot as a candidate for mayor or councilmember unless such person shall have filed a Notice of Candidacy and shall have paid the qualifying fee to the city clerk of said city."

Section Two. (a) It is hereby declared to be the intention of the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases of this Ordinance are or were, upon their enactment, believed by the Mayor and Council to be fully valid, enforceable and constitutional.
(b) It is hereby declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this Ordinance is severable from every other section, paragraph, sentence, clause or phrase of this Ordinance. It is hereby further declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Ordinance.
(c) In the event that any phrase, clause, sentence, paragraph or section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance shall remain valid, constitutional, enforceable, and of full force and effect.

Section Three. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed.

Section Four. The effective date of this Ordinance shall be the date of adoption unless otherwise stated herein.

ORDAINED this 10 day of October, 2016.

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THE CITY OF JONESBORO, GEORGIA

[SEAL]

By: s/ JOY B. DAY Joy Brantley Day, Mayor

Attest:

s/ RICKY L. CLARK JR. Ricky L. Clark, Jr., City Administrator

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF CLAYTON

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 Clayton News, published at Jonesboro, County of Clayton, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of

Ad No.: 442510 Name and File No.: PROPOSED CHARTER AMENDMENT a true copy of which is hereto attached, was published in said newspaper on the following date(s): 09/14/16 Wed 09/21/16 Wed 09/28/16 Wed

s/ ROBERT D. MCCRAY Robert D. McCray, SCNI Vice President of Sales and Marketing

s/ TINA PETHEL By Tina Pethel SCNI Controller

Sworn and subscribed before me 11/10/16

s/ KATHY B. STEPHENS Notary Public

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My commission expires June 23, 2018 [SEAL]

CITY OF JONESBORO PUBLIC NOTICE
PROPOSED CHARTER AMENDMENT

The City of Jonesboro Mayor and Council, at their October 3, 2016 Work Session and their October 10, 2016 Regular meeting, will consider and hold public hearings regarding an ordinance to amend the City's charter. The ordinance will amend certain provisions within Article II of the City's charter regarding Mayor and City Council terms and qualifications for office. Copies of the proposed charter amendment will be available for examination and inspection with the clerk of the Clayton County Superior Court and the Jonesboro City Clerk. All concerned citizens are invited to the public hearings, which will be located at the Jonesboro Police Department 170 S. Main Street Jonesboro, Georgia at 6:00 p.m.

Ricky L. Clark, Jr. City Administrator 928-442510, 9/14, 21, 28

Filed in the Office of the Secretary of State December 5, 2016. __________

CITY OF HOLLY SPRINGS CITY COUNCIL; MEETINGS; ADMINISTRATIVE AND SERVICE DEPARTMENTS; POLICE CHIEF; JUDGE; ELECTIONS; VACANCIES; EMINENT DOMAIN.

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF HOLLY SPRINGS, GEORGIA, AS AMENDED, TO AMEND SECTION 2.12(B) REGULAR AND SPECIAL MEETINGS; TO AMEND SECTION 3.01 ADMINISTRATIVE AFFAIRS; TO RENUMBER SECTIONS 3.08, 3.09 AND 3.10; TO ADD SECTION 3.08 POLICE CHIEF; TO AMEND SECTION 4.02 JUDGE; TO AMEND SECTION 5.01 ELECTIONS, APPLICABILITY OF GENERAL LAW; TO AMEND SECTION 5.03 ELECTIONS, SPECIAL ELECTIONS; TO AMEND SECTION 7.01 EMINENT DOMAIN; TO PROVIDE FOR SEVERABILITY; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.

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BE IT ORDAINED AND ESTABLISHED by the Mayor and Council of the City of Holly Springs, Georgia as follows:

SECTION 1. That Section 2.12(b) of the City Charter is deleted and the following substituted therefore:

(b) Special meetings of the council may be held on call of the mayor or, in his absence, the mayor pro tem. Notice of such special meetings shall be served on all other members personally, or electronically, or by telephone personally, or shall be left at their residences in advance of the meeting. Such notice shall not be required if the mayor and all councilmembers are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting and attendance at the special meeting shall also constitute waiver or notice. Only the business stated in the call may be transacted at the special meeting except by unanimous consent of all members present. With such consent any business which may be transacted in a regular meeting may be conducted at the special meeting.

SECTION 2. That Section 3.01 of the City Charter is deleted and the following substituted therefore:

Sec. 3.01. - 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 hereinafter created or established. The council may provide that the same person shall fill any number of offices and positions of employment and may transfer or change the functions of 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. Each department shall consist of such offices, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the council.
(c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the city shall serve at the pleasure of the person or body who appointed the officer. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for original appointment.

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MUNICIPAL HOME RULE ORDINANCES

(d) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(e) All appointive officers and directors of departments shall receive such compensation as prescribed by an approved pay plan or budget, or as otherwise established by the city council.

SECTION 3. That Section 3.08, 3.09 and 3.10 shall be remembered to Section 3.09, 3.10, and 3.11 respectively.

SECTION 4. That a new Section 3.08 shall be added to read as follows:

Sec. 3.08 Police Chief

In the event that the City Council has determined that there shall be a Police Department, the City Council shall appoint a police chief. The Police Chief shall be in charge of the police department and shall obtain such training and certification as required under state law.

SECTION 5. That Section 4.02 is deleted and the following substituted therefore:

Sec. 4.02 - Judge.

(a) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia and shall possess all qualifications required by law. All judges shall be appointed by the council for a term of one year and until a successor is appointed. The compensation of the judges shall be fixed by the council.
(b) Municipal Court Judge may be removed from office on the grounds set forth in and following the procedures set forth in O.C.G.A. Section 32-32-2.2, as may be amended.
(c) A judge pro tem shall serve in the absence of disqualification of the judge, shall be appointed by the council, shall take the same oath as the judge, and shall exercise the same powers and duties as the judge when acting in the judge's stead.
(d) Before entering on the duties of his office, the judge shall take an oath before the city clerk that he will truly, honesty, and faithfully discharge the duties of his office to the best of his ability without fear, or partiality. The oath shall be entered upon the minutes of the council.

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SECTION 6. That Section 5.01 is deleted and the following substituted therefore:

All primaries and elections shall be held and conducted in accordance with the provisions of Title 21. Elections of the Official Code of Georgia Annotated, known as the "Georgia Election Code," as the same now exists or may hereafter be amended.

SECTION 7. That Section 5.03 is deleted and the following is substituted therefore:

Sec. 5.03 - Special elections; vacancies.

In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, if such vacancy occurs with six (6) 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 provisions of Title 21. Elections of the Official Code of Georgia Annotated known as the "Georgia Election Code," as the same now exists or may hereafter be amended.

SECTION 8. That Section 7.01 is deleted and the following substituted therefore:

Sec. 7.01. - Eminent domain.

The city council is hereby empowered to acquire, constant, 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, dententional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be taken in accordance with the provisions of Title 22. Eminent Domain of the Official Code of Georgia Annotated, relating to eminent domain, subject to such amendments as shall be enacted or any other Georgia law applicable now or provided in the future.

SECTION 9. Except as provided otherwise herein, all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

SECTION 10. If any Section, sub-section, sentence, clause, phrase, or any portion of this Ordinance is declared invalid or unconstitutional by any court or competent jurisdiction or if the provisions of any part of this Ordinance as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Ordinance not so held to be invalid. It is hereby

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declared to be the intent of the City Council to provide for separable and divisible parts and does hereby adopt any and all parts hereof as may not be held invalid for any reason.

SECTION 11. This ordinance shall become effective upon its second and final adoption by the Mayor and Council of the City of Holly Springs.

SO ORDAINED this 17th day of October, 2016.

CITY OF HOLLY SPRINGS

Attest:

s/ TIMOTHY B. DOWNING Timothy B. Downing, Mayor

s/ KAREN NORRED Karen Norred, City 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 26th day of October, 2016, and on the 2nd and 9th days of November, 2016, and provided by law.

s/ OTIS BRUMBY III

Subscribed and sworn to before me this 30th day of November, 2016.

s/ JOLYNNE S. GOOSMAN Notary Public My commission expires September 15, 2018. [SEAL]

City of Holly Springs Purposed Charter Amendments
Public Notice

Pursuant to O.C.G.A. 36-35-3 below is a synopsis of the proposed Charter amendments. A complete copy of the purposed amendments is on file in the office of the city clerk and in

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the office of the clerk of the superior court of Cherokee County for the purpose of examination and inspection by the public. An Ordinance to Amend the Charter of the City of Holly Springs, Georgia, to amend Section 2.12(b) Regular and special meetings; to amend Section 3.01 Administrative Affairs; to Renumber Sections 3.08, 3.09 and 3.10; to add Section 3.08 Police Chief; to amend Section 4.02 Judge; to amend Section 5.01 Elections, Applicability of General Law, to amend Section 5.03 Elections, Special Elections; to amend Section 7.01 Eminent Domain; to Provide for Severability; to Provide an Effective Date; to Repeal all Ordinances and Parts of Ordinances in Conflict Herewith, and for Other Purposes.

Filed in the Office of the Secretary of State December 19, 2016. __________

CITY OF ATLANTA SPECIAL DISTRICTS; TAX, FEE, OR ASSESSMENT FOR INSTALLATION OR MODIFICATION OF IMPROVEMENTS THAT REDUCE ENERGY OR WATER CONSUMPTION OR PROVIDE ENERGY FROM RENEWABLE RESOURCES.

CITY COUNCIL ATLANTA, GEORGIA

16-O-1431

AN ORDINANCE AND CHARTER AMENDMENT BY COUNCILMEMBER KWANZA HALL

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, 1996 GA LAWS P. 4469, ET SEQ., ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965, O.C.G.A. SECTION 36-35-1, ET SEQ., AS AMENDED, BY AMENDING PART I (CHARTER AND RELATED LAWS), SUBPART A (CHARTER), ARTICLE 1 (NAME, POWERS AND BOUNDARIES), SECTION 1-102 (POWERS) SO AS TO AMEND THE POWER TO CREATE SPECIAL DISTRICTS WITHIN WHICH CERTAIN PROPERTY OWNERS MAY VOLUNTARILY CONSENT TO THE IMPOSITION OF A TAX, FEE OR ASSESSMENT TO PROVIDE FOR THE INSTALLATION OR MODIFICATION OF IMPROVEMENTS THAT REDUCE ENERGY OR WATER CONSUMPTION OR PROVIDE ENERGY FROM RENEWABLE RESOURCES; TO ALLOW PROPERTIES LOCATED IN DEKALB COUNTY TO VOLUNTARILY CONSENT TO THE IMPOSITION OF A TAX, FEE OR ASSESSMENT TO PROVIDE FOR THE INSTALLATION OR MODIFICATION OF IMPROVEMENTS THAT REDUCE ENERGY OR WATER CONSUMPTION OR PROVIDE ENERGY FROM RENEWABLE RESOURCES; AND FOR OTHER PURPOSES.

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WHEREAS, the City of Atlanta ("City") amended Part I, Subpart A, Article 1, Section 1-102 of the Charter of the City of Atlanta, Georgia, 1996 Ga. Laws P. 4469, et seq., to add a new subsection 1-102(c)(61) to include the power to "establish one or more special districts within which commercial property owners may voluntarily consent to the installation of energy and water conservation improvements and to the imposition of a fee, tax or assessment which may be assigned through contract with the city's development authority or downtown development authority in order to provide financing for the installation or modification of improvements that reduce energy or water consumption or provide improvements that produce energy from renewable resources; to provide for the imposition of liens and penalties for failure to pay the fee, tax or assessment, provided that such liens shall be enforced in the same manner and with the same remedies as a lien for city property taxes and shall be co-equal and on a parity basis with other municipal taxes. Any fee, tax or assessment shall be collected by Fulton County in the same manner, and on the same dates as other taxes, fees and assessments levied by the City of Atlanta.," pursuant to Ordinance No. 12-O-1615 ("PACE Ordinance"); and

WHEREAS, the City created the Atlanta Property Assessed Clean Energy District No. 1 (Central Business District) ("CBD PACE District") as a special district in order to encourage commercial property owners to invest in energy efficiency and/or renewable energy projects, pursuant to Resolution No. 12-R-1617 ("PACE Resolution"); and

WHEREAS, the goal of the Clean Energy Atlanta Program ("PACE Program") is to provide resources to property owners to voluntarily install qualifying improvements to be financed through a program facilitated by the City and assessments paid by the property owner; and

WHEREAS, the City has adopted a Climate Action Plan, pursuant to Resolution No. 15-R-4042, which provides a comprehensive plan for climate change mitigation through reducing the City's carbon footprint and greenhouse gas emissions 20% by 2020 and 40% by 2030, along with pledging to reduce energy and water use in commercial and residential buildings 20% by 2020 and 40% by 2030, using a 2009 baseline; and

WHEREAS, to further advance the Climate Action Plan, the Mayor's Office of Sustainability recommends expanding the PACE Program to allow both commercial and residential property owners to voluntarily install water and energy conservation improvements to be financed through a program facilitated by the City, but without public funds; and

WHEREAS, the Mayor's Office of Sustainability also recommends allowing both commercial and residential property owners in Dekalb County to voluntarily install water and energy conservation improvements to be financed through a program facilitated by the City, but without public funds.

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THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS:

SECTION 1: That Part I, Subpart A, Article 1, Section 1-102 subsection 1-102 (c) (61) of the Charter of the City of Atlanta, Georgia 1996 Ga. Laws P. 4469, et seq., which reads:

Section 1-102. Powers (c) The city shall have all powers now vested in the city and now or hereafter granted to municipal corporations by the laws of Georgia and shall have the power to do the following: *** (61) To establish one or more special districts within which commercial property owners may voluntarily consent to the installation of energy and water conservation improvements and to the imposition of a fee, tax or assessment which may be assigned through contract with the city's development authority or downtown development authority in order to provide financing for the installation or modification of improvements that reduce energy or water consumption or provide improvements that produce energy from renewable resources; to provide for the imposition of liens and penalties for failure to pay the fee, tax or assessment, provided that such liens shall be enforced in the same manner and with the same remedies as a lien for city property taxes and shall be co-equal and on a parity basis with other municipal taxes. Any fee, tax or assessment shall be collected by Fulton County in the same manner, and on the same dates as other taxes, fees and assessments levied by the City of Atlanta.

is hereby revised as follows:

Section 1-102. Powers (c) The city shall have all powers now vested in the city and now or hereafter granted to municipal corporations by the laws of Georgia and shall have the power to do the following:
*** (61) To establish one or more special districts within which commercial and residential property owners may voluntarily consent to the installation of energy and water conservation improvements and to the imposition of a fee, tax or assessment which may be assigned through contract with the city's development authority or downtown development authority in order to provide financing for the installation or modification of improvements that reduce energy or water consumption or provide improvements that produce energy from renewable resources; to provide for the imposition of liens and penalties for failure to pay the fee, tax or assessment, provided that such liens shall be enforced in the same manner and with the same remedies as a lien for city property taxes and shall be co-equal and on a parity basis with other municipal taxes. Any fee, tax or

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MUNICIPAL HOME RULE ORDINANCES

assessment shall be collected by Fulton County or Dekalb County in the same manner, and on the same dates as other taxes, fees and assessments levied by the City of Atlanta.

SECTION 2: That a copy of this proposed amendment to the Charter of the City of Atlanta, Georgia 1996 Ga. Laws P. 4469, et seq., as amended, shall be filed in the Office of the Municipal Clerk of the City of Atlanta and in Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties and that a "Notice of Proposed Amendment to the Charter of the City of Atlanta, Georgia," attached hereto and marked Exhibit "A" and made a part of this ordinance, be published in the official organ of the county of the legal situs of the City of Atlanta or in a newspaper of general circulation in the City of Atlanta once a week for three weeks within a period of 60 days immediately preceding its final adoption, and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the Atlanta City Council.

SECTION 3: That all ordinances and parts of ordinances in conflict herewith are waived to the extent of the conflict.

ADOPTED by the Atlanta City Council APPROVED as per City Charter Section 2-403

NOV 21, 2016 NOV 30, 2016

A true copy,

s/ RHONDA DAUPHIN JOHNSON Municipal Clerk

Exhibit "A"

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et seq.) approved April 15, 1996, as amended, said ordinance being captioned as follows:

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, 1996 GA LAWS P. 4469, ET SEQ., ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965, O.C.G.A. SECTION 36-35-1, ET SEQ., AS AMENDED, BY AMENDING PART I (CHARTER AND RELATED LAWS), SUBPART A (CHARTER), ARTICLE 1 (NAME, POWERS AND

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BOUNDARIES), SECTION 1-102 (POWERS) SO AS TO AMEND THE POWER TO CREATE SPECIAL DISTRICTS WITHIN WHICH CERTAIN PROPERTY OWNERS MAY VOLUNTARILY CONSENT TO THE IMPOSITION OF A TAX, FEE OR ASSESSMENT TO PROVIDE FOR THE INSTALLATION OR MODIFICATION OF IMPROVEMENTS THAT REDUCE ENERGY OR WATER CONSUMPTION OR PROVIDE ENERGY FROM RENEWABLE RESOURCES; TO ALLOW PROPERTIES LOCATED IN DEKALB COUNTY TO VOLUNTARILY CONSENT TO THE IMPOSITION OF A TAX, FEE OR ASSESSMENT TO PROVIDE FOR THE INSTALLATION OR MODIFICATION OF IMPROVEMENTS THAT REDUCE ENERGY OR WATER CONSUMPTION OR PROVIDE ENERGY FROM RENEWABLE RESOURCES; AND FOR OTHER PURPOSES.

A copy of the proposed amendment is on file in the office of the Municipal Clerk of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public.

This day of ________, 2016.

Rhonda Dauphin Johnson Municipal Clerk City of Atlanta

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON

Before me, the undersigned, a Notary Public, this day personally came the undersigned who, being duly sworn, according to law, says she is an agent of ALM Media, LLC., publishers of the Daily Report, the official newspaper published in Atlanta, GA, in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates: 08/25/2016, 09/01/2016 and 09/08/2016.

s/ S. HOLT

s/ B. E. HAMMETT Subscribed and sworn to before me this September 8, 2016 [SEAL]

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PUBLIC NOTICE

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance (16-O-1431) has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et seq.) approved April 15, 1996, as amended, said Ordinance being captioned as follows:

AN ORDINANCE BY COUNCILMEMBER KWANZA HALL TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, 1996 GA LAWS P. 4469, ET SEQ., ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965, O.C.G.A. SECTION 36-35-1, ET SEQ., AS AMENDED, BY AMENDING PART I (CHARTER AND RELATED LAWS), SUBPART A (CHARTER), ARTICLE 1 (NAME, POWERS AND BOUNDARIES), SECTION 1-102 (POWERS) SO AS TO AMEND THE POWER TO CREATE SPECIAL DISTRICTS WITHIN WHICH CERTAIN PROPERTY OWNERS MAY VOLUNTARILY CONSENT TO THE IMPOSITION OF A TAX, FEE OR ASSESSMENT TO PROVIDE FOR THE INSTALLATION OR MODIFICATION OF IMPROVEMENTS THAT REDUCE ENERGY OR WATER CONSUMPTION OR PROVIDE ENERGY FROM RENEWABLE RESOURCES; TO ALLOW PROPERTIES LOCATED IN DEKALB COUNTY TO VOLUNTARILY CONSENT TO THE IMPOSITION OF A TAX, FEE OR ASSESSMENT TO PROVIDE FOR THE INSTALLATION OR MODIFICATION OF IMPROVEMENTS THAT REDUCE ENERGY OR WATER CONSUMPTION OR PROVIDE ENERGY FROM RENEWABLE RESOURCES; AND FOR OTHER PURPOSES.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

PROOF OF PUBLICATION STATE OF GEORGIA

PUBLIC NOTICE

Before the undersigned authority personally appeared Camille Lewis, who on oath says that he/she is a Legal Advertising Representative of the Atlanta Journal-Constitution, a Daily newspaper published in said City and State that is a newspaper of general circulation in Barrow, Bartow, Carroll, Chattooga, Cherokee, Clarke, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Floyd, Forsyth, Fulton, Gwinnett, Hall, Heard, Henry, Jackson, Jasper,

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Meriweather, Morgan, Newton, Paulding, Polk, Rockdale, Walton, White, Banks, Butts, Dawson, Franklin, Gilmer, Gordon, Habersham, Haralson, Lamar, Lumpkin, Madison, Monroe, Murray, Oconee, Pickens, Pike, Spalding, and Whitfield Counties, and State of Georgia, and that the attached copy of Legal Advertising was published 3 time(s) in said newspaper on 08/25/2016 and last date of Publication 09/08/2016.

Signed s/ CAMILLE LEWIS (Legal Advertising Agent)

Sworn or affirmed to, and subscribed before me this 9th day of December, 2016 in Testimony whereof, I have hereunto set my hand and affixed my official seal, the day and year aforesaid.

Signed s/ NADIA VAGEDES

[SEAL]

PUBLIC NOTICE

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance (16-O-1431) has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et seq.) approved April 15, 1996, as amended, said Ordinance being captioned as follows:

AN ORDINANCE BY COUNCILMEMBER KWANZA HALL TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, 1996 GA LAWS P. 4469, ET SEQ., ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965, O.C.G.A. SECTION 36-35-1, ET SEQ., AS AMENDED, BY AMENDING PART I (CHARTER AND RELATED LAWS), SUBPART A (CHARTER), ARTICLE 1 (NAME, POWERS AND BOUNDARIES), SECTION 1-102 (POWERS) SO AS TO AMEND THE POWER TO CREATE SPECIAL DISTRICTS WITHIN WHICH CERTAIN PROPERTY OWNERS MAY VOLUNTARILY CONSENT TO THE IMPOSITION OF A TAX, FEE OR ASSESSMENT TO PROVIDE FOR THE INSTALLATION OR MODIFICATION OF IMPROVEMENTS THAT REDUCE ENERGY OR WATER CONSUMPTION OR PROVIDE ENERGY FROM RENEWABLE RESOURCES; TO ALLOW PROPERTIES LOCATED IN DEKALB COUNTY TO VOLUNTARILY CONSENT TO THE IMPOSITION OF A TAX, FEE OR ASSESSMENT TO PROVIDE FOR THE INSTALLATION OR MODIFICATION OF IMPROVEMENTS

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THAT REDUCE ENERGY OR WATER CONSUMPTION OR PROVIDE ENERGY FROM RENEWABLE RESOURCES; AND FOR OTHER PURPOSES.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF 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 AN ORDINANCE BY COUNCILMEMBER KWANZA HALL TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA was published in said newspaper on the following date(s): 09/01/16, 09/08/16, 09/15/16

s/ CAROLYN JERNIGAN GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 09/15/16.

s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2018 [SEAL]

PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE
CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance (16-O-1431) has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et seq.) approved April 15, 1996, as amended, said Ordinance being captioned as follows:

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++AN ORDINANCE BY COUNCILMEMBER KWANZA HALL TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA++, 1996 GA LAWS P. 4469, ET SEQ., ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965, O.C.G.A. SECTION 36-35-1, ET SEQ., AS AMENDED, BY AMENDING PART I (CHARTER AND RELATED LAWS), SUBPART A (CHARTER), ARTICLE 1 (NAME, POWERS AND BOUNDARIES), SECTION 1-102 (POWERS) SO AS TO AMEND THE POWER TO CREATE SPECIAL DISTRICTS WITHIN WHICH CERTAIN PROPERTY OWNERS MAY VOLUNTARILY CONSENT TO THE IMPOSITION OF A TAX, FEE OR ASSESSMENT TO PROVIDE FOR THE INSTALLATION OR MODIFICATION OF IMPROVEMENTS THAT REDUCE ENERGY OR WATER CONSUMPTION OR PROVIDE ENERGY FROM RENEWABLE RESOURCES; TO ALLOW PROPERTIES LOCATED IN DEKALB COUNTY TO VOLUNTARILY CONSENT TO THE IMPOSITION OF A TAX, FEE OR ASSESSMENT TO PROVIDE FOR THE INSTALLATION OR MODIFICATION OF IMPROVEMENTS THAT REDUCE ENERGY OR WATER CONSUMPTION OR PROVIDE ENERGY FROM RENEWABLE RESOURCES; AND FOR OTHER PURPOSES. A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination.

Filed in the Office of the Secretary of State December 19, 2016. __________

CITY OF MILTON MUNICIPAL POWERS; MILLAGE RATE CAP LIMITATION.

STATE OF GEORGIA COUNTY OF FULTON

ORDINANCE NO. 16-12-292

AN ORDINANCE AMENDING THE CHARTER FOR THE CITY OF MILTON, GEORGIA

WHEREAS, Article IX, Section II, Paragraph II of the Constitution of the State of Georgia, entitled Home Rule for Municipalities, allows the General Assembly of the State of Georgia to provide by law for the self-government of municipalities, which the General Assembly has done with The Municipal Home Rule Act of 1965, O.C.G.A. 36-35-1, et seq.; and

WHEREAS, O.C.G.A. 36-35-3 provides that the governing authority of each municipal corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions and regulations relating to its property, affairs, and local government for which no provision

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MUNICIPAL HOME RULE ORDINANCES

has been made by general law and which are not inconsistent with the Constitution or any charter provision applicable thereto; and

WHEREAS, O.C.G.A. 36-35-3 provides that a municipal corporation may, as an incident of its home rule power, amend its charter, except where prohibited pursuant to O.C.G.A. 36-35-6; and

WHEREAS, the Council desires to amend the Charter of the City of Milton so as to reconcile and clarify subparagraph (b)(40)(A) of Section 1.12 and paragraph (b) of Section 6.11 with respect to the maximum millage rate limitations applicable to ad valorem taxes on real property for operating budget and general obligation bond purposes; and

WHEREAS, the modifications provided for in this Resolution and Ordinance may be lawfully completed by home rule; and

WHEREAS, O.C.G.A. 36-35-3 provides that, in order to amend its charter, a municipal corporation must duly adopt ordinances at two regular consecutive meetings of the municipal governing authority, not less than seven (7) nor more than sixty (60) days apart;

WHEREAS, pursuant to O.C.G.A. 36-35-3, a notice, containing a synopsis of the proposed amendment and stating that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the municipal governing authority and in the Office of the Clerk of the Superior Court of Fulton County for the purpose of examination and inspection by the public, shall be published in the official organ of the county of the legal situs of the municipal corporation or in a newspaper of general circulation in the municipal corporation once a week for three weeks within a period of 60 days immediately preceding its final adoption; and

WHEREAS, those requirements applicable to amendments to the charter of a municipal corporation by a resolution or ordinance duly adopted by the municipality's governing authority as set forth in O.C.G.A. 36-35-3 have been met and satisfied, and, specifically, notice of the consideration of this Resolution and Ordinance has been advertised and this Resolution and Ordinance has been duly adopted by the governing authority at two regularly consecutive meetings in compliance with O.C.G.A. 36-35-3; and

WHEREAS, a majority of the Council deems it to be in the best interests of the citizens of the City of Milton that the Act be further amended.

NOW THEREFORE, the Council of the City of Milton hereby ordains and resolves that the Charter of the City of Milton shall be amended as follows:

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Section 1.12. Section 1.12 Municipal powers is amended by inserting the following underlined and bolded text into subparagraph (b)(40)(A) of Section 1.12 as follows:

(b) [Specific, particular powers.] 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:

(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:

(A) For all years, the millage rate imposed for ad valorem taxes on real property for operating budget purposes (not general obligation bond purposes) shall not exceed 4.731 unless a higher limit is recommended by resolution of the city council and approved by a majority of the qualified voters of the city voting in a referendum; provided, however, that for the purposes of compliance with O.C.G.A. 48-8-91, the millage rate may be adjusted upward for the sole purpose of complying with the millage rate rollback provisions set forth therein. For the purposes of this subparagraph, the term 'qualified voters' means those voters of the city who are qualified to vote in city elections and cast a vote for or against such measure in such referendum. The question to be presented to the voters in the referendum on increasing the millage rate shall be 'Do you approve increasing taxes on residential and nonresidential property for City of Milton property owners by raising from [current millage rate] to [proposed millage rate] the operating budget millage rate, which was capped in the original charter for the city?' If such millage rate increase is approved by the qualified voters of the City of Milton voting in the referendum, the new rate shall become the maximum limit until changed again by resolution of the city council and approval by a majority of the qualified voters of the City of Milton voting in a referendum;

Section 6.11. Section 6.11 Millage [rate] is amended by inserting the following underlined and bolded text into paragraph (b) of Section 6.11 as follows:

(b) For all years, the millage rate imposed for ad valorem taxes on real property for operating budget purposes (not general obligation bond purposes) shall not exceed 4.731 unless a higher millage rate is recommended by resolution of the city council and subsequently approved by a majority of the qualified voters of the city voting in a referendum. For the purposes of this subsection, the term 'qualified voters' means those voters of the city who are qualified to vote in city elections and cast a vote for or against such measure in such referendum. This millage rate limit shall apply to the millage rate actually levied and shall not apply to the hypothetical millage rate computed under

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subsection (a) of O.C.G.A. 48-8-91, relating to conditions on imposition of the joint county and municipal sales tax.

SEVERABILITY

If any portion of this Resolution and Ordinance or the application thereof shall be held invalid or unconstitutional, the other provisions of this Resolution and Ordinance shall not be affected, and thus, the provisions of this Resolution and Ordinance are declared severable.

REPEALER

Any other Ordinance, Resolution, or local law, or portion thereof, now in effect, that is in conflict with any of the provisions of this Resolution and Ordinance is hereby repealed.

EFFECTIVE DATE

This Resolution and Ordinance shall become effective when all required documents have been filed with the Secretary of State and in the Office of the Clerk of Superior Court of Fulton County as required by O.C.G.A. 36-35-5.

ADOPTION AT TWO CONSECUTIVE MEETINGS

This Resolution and Ordinance was adopted at two (2) regular consecutive meetings of the Council of the City of Milton held on November 21, 2016 and December 5, 2016 as required by O.C.G.A. 36-35-3.

BE IT SO RESOLVED AND ORDAINED, the public's health, safety, and welfare demanding it, this 5th day of December, 2016, by the Council of the City of Milton, Georgia.

Approved:

Attest:

s/ JOE LOCKWOOD Joe Lockwood, Mayor

s/ SUDIE GORDON Sudie Gordon, City Clerk [SEAL]

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CERTIFICATE

I, Sudie AM Gordon, City Clerk and Custodian of Records for the City of Milton, certify that the attached ORDINANCE NO. 16-12-292, "An Ordinance Amending The Charter For The City of Milton, Georgia" is a true and correct copy.

This 6th day of December, 2016.

s/ SUDIE GORDON Sudie AM Gordon City Clerk [SEAL]

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF FULTON, GA

Before me, the undersigned, a Notary Public, this day personally came Susan Hernandez, who, being duly sworn, according to law, says he is an agent of Appen Media Group, Inc. publishers of the Milton Herald, the official newspaper published in Alpharetta, GA., in said county and state, and that the publication of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates: November 17, 2016, November 24, 2016 and December 1, 2016.

s/ SUSAN HERNANDEZ Susan Hernandez Advertising Assistant

Subscribed and sworn to before me this 12/06/16

Notary Public s/ LISA M WHITE MCKEMEY [SEAL]

NOTICE OF CONSIDERATION OF CITY CHARTER AMENDMENTS

Re: Proposed Amendment to the Charter of the City of Milton, Georgia

Notice is hereby given that the Council of the City of Milton, Georgia will consider amendments to subparagraph (b)(40)(A) of Section 1.12 and paragraph (b) of Section 6.11 of the Charter of the City of Milton pursuant to the Georgia Constitution, Article IX, Sec. II,

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Para. II and O.C.G.A. 36-35-1, et seq., at the Council's regular meetings on November 21, 2016 and December 5, 2016 at 6:00 p.m. in the City Council Chambers located in Suite 107E of City Hall, 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004. The proposed amendment to the Charter of the City of Milton, Georgia shall reconcile and clarify Section 1.12 and Section 6.11 with respect to the maximum millage rate limitations applicable to ad valorem taxes on real property for operating budget and general obligation bond purposes. Copies of the proposed amendment are on file and available for the purposes of examination and inspection by the public with the City Clerk in the City of Milton City Hall and in the Office of the Clerk of the Superior Court of Fulton County.

Council of the City of Milton, Georgia

Filed in the Office of the Secretary of State December 21, 2016. __________

CITY OF LAGRANGE DEPUTY CITY MANAGER ADMINISTRATION AND FINANCE; REDESIGNATE
AS ASSISTANT CITY MANAGER.

16-11

AN ORDINANCE

AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF LAGRANGE TO AMEND THE CHARTER OF THE CITY; TO AMEND THE CHARTER SO AS TO REDESIGNATE THE OFFICE FORMERLY KNOWN AS DEPUTY CITY MANAGER ADMINISTRATION AND FINANCE AS ASSISTANT CITY MANAGER; TO REPEAL CONFLICTING PROVISIONS; TO FIX AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

THE MAYOR AND COUNCIL OF THE CITY OF LAGRANGE, GEORGIA, HEREBY ORDAIN AS FOLLOWS:

SECTION 1:

That the Charter of the City of LaGrange be amended, pursuant to the Municipal Home Rule Act of 1965, as amended, by deleting each and every reference to "deputy city manager-administration and finance," inserting in lieu thereof "assistant city manager" with the exception of Section 3.40 and Section 4.40, which shall be modified pursuant to Sections 2 and 3 below.

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SECTION 2:

That Section 3.40 of the Charter of the City of LaGrange be amended by deleting said section, in its entirety, inserting in lieu thereof a new Section 3.40 to read as follows:

"Sec. 3.40. Assistant City Manager. The city manager shall appoint an officer who shall perform the duties of assistant city manager and who shall keep a journal of the proceedings of the city council and maintain in a safe place all records and documents pertaining to the affairs of the city. The assistant city manger shall be the custodian of the official records of the city, and shall perform such other duties as may be required by law or as the city manger may direct."

SECTION 3:

That Section 4.40 of the Charter of the City of LaGrange be amended by deleting said section, in its entirety, inserting in lieu thereof a new Section 4.40 to read as follows:

"Sec. 4.40 Contracting procedures. The mayor and council shall prescribe by ordinance such rules and regulations as may be necessary to govern the authorization and execution of contracts which shall bind the City of LaGrange. 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 before authorization by the mayor and council. Except where otherwise provided by law or by ordinance of the council, all contracts of the city shall be signed by the mayor or mayor pro tem or by some person designated by the mayor and council, and shall be authenticated by the city manager, assistant city manager or such other person as may be designated by the mayor and council."

SECTION 4:

All provisions of the Charter of the City of LaGrange in conflict herewith are hereby repealed.

SECTION 5:

This Charter amendment, after adoption by the Council and upon approval by the Mayor, shall become effective upon a copy of same being filed with the Secretary of State of the State of Georgia and the Clerk of the Superior Court of Troup County, Georgia, all in accordance with O.C.G.A. 36-35-5.

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INTRODUCED AND FIRST READING November 22, 2016 SECOND READING AND ADOPTED December 13, 2016 SUBMITTED TO MAYOR AND APPROVED December 13, 2016

BY: s/ JIM THORNTON Mayor

ATTEST: s/ MARGARET B. KELSEY Deputy City Manager

Affidavit of Publication

STATE OF GEORGIA} SS COUNTY OF TROUP}

Jeff Parra, being duly sworn, says:

That he is Publisher of the LaGrange Daily News, a daily newspaper of general circulation, printed and published in LaGrange, Troup County, Georgia; that the publication, a copy of which is attached hereto, was published in the said newspaper on the following dates:

November 25, 2106, December 02, 2016, December 09, 2016

That said newspaper was regularly issued and circulated on those dates. SIGNED:

s/ JEFF PARRA Publisher

Subscribed to and sworn to me this 9th day of December 2016.

s/ BRANDI HOCKETT Brandi Hockett, Troup County, Georgia

My commission expires: August 31, 2020 [SEAL]

NOTICE OF INTENT TO AMEND CHARTER OF THE CITY OF LAGRANGE

Notice is hereby given that the Mayor and Council of the City of LaGrange, Georgia, have proposed and will consider an amendment to the City Charter redesignating and redefining

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the office formerly known as "Deputy City Manager Administration and Finance" as "Assistant City Manager." A copy of the proposed amendment is on file in the office of Margaret B. Kelsey, City Manager, and in the office of Jackie Ward Taylor, Clerk of the Superior Court of Troup County, Georgia, for the purpose of examination and inspection by the public. This 21st day of November, 2016. Jeffrey M. Todd, City Attorney LEWIS, TAYLOR & TODD, P.C. P.O. Box 1027 LaGrange, Georgia 30241

Filed in the Office of the Secretary of State January 3, 2017. __________

CITY OF ATLANTA ENACTMENT OF LEGISLATION; PROCEDURE.

CITY COUNCIL ATLANTA, GEORGIA

16-O-1660

AN ORDINANCE BY COUNCILMEMBER FELICIA MOORE AD AMENDED BY COMMITTEE ON COUNCIL

AN ORDINANCE AMENDING PART 1 ("CHARTER AND RELATED LAWS"), SUBPART A ("CHARTER), ARTICLE 2. ("LEGISLATIVE"), CHAPTER 4. ("PROCEDURES OF COUNCIL"), SECTION 2-402. ("INTRODUCTION, CONSIDERATION, PASSAGE, AND PUBLICATION OF LEGISLATION.") TO REQUIRE THAT ALL PERSONAL OR COMMITTEE PAPERS MEET MINIMUM STANDARDS TO ENSURE THAT THE PUBLIC IS ABLE TO ADEQUATELY REVIEW AND UNDERSTAND THE INTENT AND EFFECT OF THE LEGISLATION; AND FOR OTHER PURPOSES.

WHEREAS, legislation is introduced for Council consideration through personal papers and/or committee papers; and

WHEREAS, once introduced, said legislation is placed in the Electronic Legislative Management System for dissemination to the public; and

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WHEREAS, legislation proposed for consideration by the Council must be in a form that provides enough information for the public to understand the rationale (whereas) and proposed action (sections) of the legislation that is to be considered.

WHEREAS, there are no guidelines as to the minimum required information for legislation to be introduced; and

WHEREAS, there is need to require minimum information for draft legislation that is introduced or placed on a committee or council agenda.

THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS, as follows:

SECTION 1: That Part 1 ("Charter and Related Laws"), Subpart A ("Charter), Article 2. ("Legislative"), Chapter 4. ("Procedures of Council"), Section 2-402. ("Introduction, consideration, passage, and publication of legislation.") which reads:

Section 2-402. Introduction, consideration, passage, and publication of legislation. (a) Every proposed ordinance and every amendment shall embrace one subject which shall be clearly expressed in its title. (b) No ordinance shall be passed and adopted until it has been read by title at two regular meetings not less than one week apart, except for emergency ordinances as provided in subsection (c) herein. (c) To meet a public emergency threatening life, health, property, or public safety, the requirement herein for ordinances may be dispensed with, and the emergency ordinance may be passed and adopted on the same day of its introduction. The emergency ordinance shall be in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and contain 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 it may be rejected at the meeting at which it is introduced, but the affirmative vote of two-thirds of the members of the city council shall be required for adoption. Any emergency ordinance shall become effective upon adoption or at such later time as specified within the ordinance. Every emergency ordinance shall be automatically repealed on the sixteenth day following the date on which it was adopted; however, should the emergency still persist, this shall not prevent reenactment of the ordinance in the manner specified in this section. An emergency ordinance also may be repealed by adoption of a repealing ordinance in the same manner specified in this section for the adoption of emergency ordinances. (d) The passage of all ordinances shall be contingent upon the recording in the minutes of council proceedings of the "ayes" and "nays" of each councilmember and the names of the

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members voting for and against each proposed ordinance or amendment, those abstaining, and those absent. (e) Pursuant to Section 2-101 of this Charter, the membership of the Atlanta City Council shall consist of fifteen (15) representatives. The affirmative vote of a quorum of the City Council's total membership, which is eight (8) votes, shall be required for the passage of any ordinance, resolution, communication, or other city council legislation, or for action on any matter of parliamentary procedure, with the following exceptions: (i) where this Charter or Code of Ordinances requires a two-thirds (2/3) vote of the City Council, ten (10) votes shall be required to effectuate any such action; and (ii) in the event the total number of Councilmembers is reduced to less than eight (8) members, a quorum of the number of members remaining shall be required for the passage of the above-referenced legislative actions until such time as the total membership of the City Council is restored. (f) Within seven days after any ordinance has been introduced, excluding emergency ordinances, the caption or title of every such ordinance, showing its general contents, shall be published and disseminated at least once in the following places and forums:
(1) At least one printed legible copy of such caption or title shall be made available for inspection by the public in the office of the municipal clerk; (2) At least one electronic legible copy of such caption or title shall be published in readable form on the official city of Atlanta web site. Copies of all ordinances shall be available for inspection and/or purchase by members of the public in the office of the municipal clerk in accordance with the provisions of the Georgia Open Records Act, as amended.

Is hereby AMENDED and shall be replaced with the following (with permanent additions in bold and permanent deletions in strikeout):

Section 2-402. Introduction, consideration, passage, and publication of legislation. (a) All proposed legislation must meet minimum standards to ensure that the public is able to adequately review and understand the intent and effect of the legislation. The minimum standards include a caption, at least one whereas clause, and at least one section which indicates the action proposed in said legislation. (b) Every proposed ordinance and every amendment shall embrace one subject which shall be clearly expressed in its title caption. (c) No ordinance shall be passed and adopted until it has been read by title at two regular meetings not less than one week apart, except for emergency ordinances as provided in subsection (c) herein. (d) To meet a public emergency threatening life, health, property, or public safety, the requirement herein for ordinances may be dispensed with, and the emergency ordinance may be passed and adopted on the same day of its introduction. The emergency ordinance shall be in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and contain a declaration stating that an emergency

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MUNICIPAL HOME RULE ORDINANCES

exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted with or without amendment, or it may be rejected at the meeting at which it is introduced, but the affirmative vote of two-thirds of the members of the city council shall be required for adoption. Any emergency ordinance shall become effective upon adoption or at such later time as specified within the ordinance. Every emergency ordinance shall be automatically repealed on the sixteenth day following the date on which it was adopted; however, should the emergency still persist, this shall not prevent reenactment of the ordinance in the manner specified in this section. An emergency ordinance also may be repealed by adoption of a repealing ordinance in the same manner specified in this section for the adoption of emergency ordinances. (e) The passage of all ordinances shall be contingent upon the recording in the minutes of council proceedings of the "ayes" and "nays" of each councilmember and the names of the members voting for and against each proposed ordinance or amendment, those abstaining, and those absent. (f) Pursuant to Section 2-101 of this Charter, the membership of the Atlanta City Council shall consist of fifteen (15) representatives. The affirmative vote of a quorum of the City Council's total membership, which is eight (8) votes, shall be required for the passage of any ordinance, resolution, communication, or other city council legislation, or for action on any matter of parliamentary procedure, with the following exceptions: (i) where this Charter or Code of Ordinances requires a two-thirds (2/3) vote of the City Council, ten (10) votes shall be required to effectuate any such action; and (ii) in the event the total number of Councilmembers is reduced to less than eight (8) members, a quorum of the number of members remaining shall be required for the passage of the above-referenced legislative actions until such time as the total membership of the City Council is restored. (g) Within seven days after any ordinance has been introduced, excluding emergency ordinances, the caption or title of every such ordinance, showing its general contents, shall be published and disseminated at least once in the following places and forums:
(1) At least one printed legible copy of such caption or title shall be made available for inspection by the public in the office of the municipal clerk; (2) At least one electronic legible copy of such caption or title shall be published in readable form on the official city of Atlanta web site. Copies of all ordinances shall be available for inspection and/or purchase by members of the public in the office of the municipal clerk in accordance with the provisions of the Georgia Open Records Act, as amended.

SECTION 2: That no legislation shall be introduced nor placed on a committee agenda that does not meet minimum standards.

SECTION 3: That minimum standards for all proposed legislation shall, at a minimum, be introduced in draft form and include a caption, at least one whereas clause stating the

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rationale and intent of the legislation and at least one section indicating the action proposed in said legislation.

SECTION 4: That all ordinances or parts of ordinances in conflict herewith are hereby waived to the extent of the conflict.

ADOPTED as amended by the Atlanta City Council APPROVED as per City Charter Section 2-403

JAN 03, 2017 JAN 12, 2017

A true copy,

s/ RHONDA DAUPHIN JOHNSON Municipal Clerk

MAYOR'S ACTION AUTHENTICATION PAGE 16-O-1660
Adopted by the Atlanta City Council January 03, 2017

APPROVED JAN 12 2017 WITHOUT SIGNATURE BY OPERATION OF LAW

MAYOR'S ACTION

PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF FULTON
Before me, the undersigned, a Notary Public, this day personally came the undersigned who, being duly sworn, according to law, says she is an agent of ALM Media, LLC., publishers of the Daily Report, the official newspaper published in Atlanta, GA, in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates: 12/15/2016, 12/22/2016 and 12/29/2016.
s/ S. HOLT

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MUNICIPAL HOME RULE ORDINANCES

s/ B.E. HAMMETT Subscribed and sworn to before me this December 29, 2016

[SEAL]

PUBLIC NOTICE

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance (16-O-1660) has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et seq.) approved April 15, 1996, as amended, said Ordinance being captioned as follows:

AN ORDINANCE BY COUNCILMEMBER FELICIA MOORE AS AMENDED BY COMMITTEE ON COUNCIL AMENDING PART 1 ("CHARTER AND RELATED LAWS"), SUBPART A ("CHARTER), ARTICLE 2. ("LEGISLATIVE"), CHAPTER 4. ("PROCEDURES OF COUNCIL"), SECTION 2-402. ("INTRODUCTION, CONSIDERATION, PASSAGE, AND PUBLICATION OF LEGISLATION.") TO REQUIRE THAT ALL PERSONAL OR COMMITTEE PAPERS MEET MINIMUM STANDARDS TO ENSURE THAT THE PUBLIC IS ABLE TO ADEQUATELY REVIEW AND UNDERSTAND THE INTENT AND EFFECT OF THE LEGISLATION; AND FOR OTHER PURPOSES.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public. #0000178364:12/15-3sh

PROOF OF PUBLICATION STATE OF GEORGIA

PUBLIC NOTICE

Before the undersigned authority personally appeared Camille Lewis, who on oath says that he/she is a Legal Advertising Representative of the Atlanta Journal-Constitution, a Daily newspaper published in said City and State that is a newspaper of general circulation in Barrow, Bartow, Carroll, Chattooga, Cherokee, Clarke, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Floyd, Forsyth, Fulton, Gwinnett, Hall, Heard, Henry, Jackson, Jasper, Meriweather, Morgan, Newton, Paulding, Polk, Rockdale, Walton, White, Banks, Butts, Dawson, Franklin, Gilmer, Gordon, Habersham, Haralson, Lamar, Lumpkin, Madison, Monroe, Murray, Oconee, Pickens, Pike, Spalding, and Whitfield Counties, and State of

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Georgia, and that the attached copy of Legal Advertising was published 3 time(s) in said newspaper on 12/15/2016 and last date of Publication 12/29/2016.

Signed s/ CAMILLE LEWIS (Legal Advertising Agent)

Sworn or affirmed to, and subscribed before me, this 10th day of January, 2017 in Testimony whereof, I have hereunto set my hand and affixed my official seal the day and year aforesaid.

Signed s/ NADIA VAGEDES

[SEAL] (Notary)

PUBLIC NOTICE

NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA

Notice is hereby given that an Ordinance (16-O-1660) has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et seq.) approved April 15, 1996, as amended said Ordinance being captioned as follows:

AN ORDINANCE BY COUNCILMEMBER FELICIA MOORE AS AMENDED BY COMMITTEE ON COUNCIL AMENDING PART 1 ("CHARTER AND RELATED LAWS"), SUBPART A ("CHARTER), ARTICLE 2. ("LEGISLATIVE"), CHAPTER 4. ("PROCEDURES OF COUNCIL"), SECTION 2-402. ("INTRODUCTION, CONSIDERATION, PASSAGE, AND PUBLICATION OF LEGISLATION.") TO REQUIRE THAT ALL PERSONAL OR COMMITTEE PAPERS MEET MINIMUM STANDARDS TO ENSURE THAT THE PUBLIC IS ABLE TO ADEQUATELY REVIEW AND UNDERSTAND THE INTENT AND EFFECT OF THE LEGISLATION; AND FOR OTHER PURPOSES.

A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

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PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA COUNTY OF DEKALB

Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of REQUIRE THAT ALL PERSONAL OR COMMITTEE PAPERS MEET MINIMUM STANDARDS was published in said newspaper on the following date(s): 12/15/16, 12/22/16, 12/29/16

s/ CAROLYN JERNIGAN GLENN CAROLYN J. GLENN, PUBLISHER

Sworn to and subscribed before me this 12/29/16.

s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2018 [SEAL]

PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE
CHARTER OF THE CITY OF ATLANTA Notice is hereby given that an Ordinance (16-O-1660) has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et seq.) approved April 15, 1996, as amended, said Ordinance being captioned as follows: AN ORDINANCE BY COUNCILMEMBER FELICIA MOORE AS AMENDED BY COMMITTEE ON COUNCIL AMENDING PART 1 ("CHARTER AND RELATED LAWS"), SUBPART A ("CHARTER), ARTICLE 2. ("LEGISLATIVE"), CHAPTER 4. ("PROCEDURES OF COUNCIL"), SECTION 2-402. ("INTRODUCTION, CONSIDERATION, PASSAGE, AND PUBLICATION OF LEGISLATION.") TO ++REQUIRE THAT ALL PERSONAL OR COMMITTEE PAPERS MEET MINIMUM STANDARDS++ TO ENSURE THAT THE PUBLIC IS ABLE TO ADEQUATELY REVIEW AND UNDERSTAND THE INTENT AND EFFECT OF THE LEGISLATION; AND FOR OTHER PURPOSES.

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A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.

Filed in the Office of the Secretary of State January 24, 2017. __________

CITY OF WOODSTOCK MAYOR AND COUNCIL; COMPENSATION.

ORDINANCE CITY OF WOODSTOCK, GEORGIA COMPENSATION OF MAYOR AND CITY COUNCIL

WHEREAS, the City of Woodstock, Georgia (hereinafter sometimes referred to as the "City") is a municipality/duly formed and existing pursuant to Georgia law; and

WHEREAS, the 1983 Constitution of the State of Georgia provides for the self government of municipalities without the necessity of action by the General Assembly1; and

WHEREAS, the City of Woodstock, Georgia, has the legislative power to adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general law, and which are not inconsistent with the Constitution or any charter provision applicable thereto2; and

WHEREAS, O.C.G.A. Section 36-35-4 provides that the governing authority of each municipal corporation is authorized to fix the compensation of the members of its governing authority; and

1
Ga Const, 1983, Article IX, Section II, Paragraph II provides in pertinent part as follows "The General Assembly may provide by law for the self government of municipalities and to that end is expressly given the authority to delegate its power so that matters pertaining to the municipalities may be dealt with without the necessity of action by the General Assembly."
2O.C.G.A. 36-35-3(a) provides the following "(a) The governing authority of each municipal corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law and which are not consistent with the Constitution or any charter provision applicable thereof. Any such charter provision shall remain in force and effect until amended or repealed as provided in subsection (b) of this Code section. This Code section, however, shall not restrict the authority of the General Assembly, by general law, to define this home rule power further or to broaden, limit, or otherwise regulate the exercise thereof. The General Assembly shall not pass any local law to appeal, modify or supersede any action taken by a municipal authority under this Code section, except as authorized under Code Section 36-36-6"

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MUNICIPAL HOME RULE ORDINANCES

WHEREAS, Section, 2.34 (b) of the City Charter of the City of Woodstock provides initial introduction of such amendments prior to adoption at the next regular meeting of the Council; and

WHEREAS, said amendments are and have been accessible to members of the public who are, or may be, affected by them, said amendments having been kept and maintained for public inspection during normal business hours at Woodstock City Annex, in the office of the City Clerk, and notice of intent to take this action has been published in "The Cherokee Tribune" a newspaper of general circulation within the territorial boundaries of the municipality of the City of Woodstock, at least once a week for three consecutive weeks; and

WHEREAS, the governing authority of the City of Woodstock has read and considered the proposed amendment;

NOW THEREFORE, BE IT RESOLVED AND ORDAINED by the Mayor and Council of the City of Woodstock, Georgia, by the lawful authority vested in them, that the amendments as set out hereinafter be and the same are hereby adopted as a part of the Ordinances of the City of Woodstock.

NOW, THEREFORE, the Mayor and Council of the City of Woodstock hereby ordain that the City Charter of the City of Woodstock, Georgia is hereby amended as follows:

Section 2.13 of Article II (Compensation and Expenses) is hereby stricken in its entirety and a new Section 2.13 of Article II is inserted as follows:

"Compensation and Expenses. The mayor may receive as compensation for his or her services an amount of not more than $1200 per month. Each City Council Member may receive as compensation for his or her services an amount of not more than $950 per month. The Mayor and Council Members shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office."

This amendment shall not be effective until after the taking of office of those members of the Mayor and Council elected at the regular municipal election following the date of this amendment.

In accordance with O.C.G.A. Section 36-35-4, this action has not been taken during the period of time beginning with the date that candidates for election to membership on the Council or for the position of Mayor, may first qualify as such candidates and ending with the date those same candidates take office following their election.

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First Reading: 10/24/2016

Second Reading: 11/14/16

Cherokee Tribune Advertisements: 10/21/16; 10/28/2016; 11/4/2016

APPROVED, ADOPTED, AND ENACTED this 14th day of November, 2016.

s/ DONNIE HENRIQUES Donnie Henriques, Mayor

s/ RHONDA PEZELLO Rhonda L. Pezello, City Clerk (Municipal Seal)

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA - County of Cherokee

Before me, the undersigned; a Notary Public, this day personally came Otis Brumby III, who, being duly sworn, according to law, says that he is the General Manager of Times Journal, Inc., publishers of the Cherokee Tribune, official newspaper published in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 21st and 28th days of October, 2016, and on the 4th day of November, 2016, as provided by law.

s/ OTIS A. BRUMBY III

Subscribed and sworn to before me this 17th day of November, 2016.

s/ JOLYNNE S. GOOSMAN Notary Public My commission expires September 15, 2018. [SEAL]

CITY OF WOODSTOCK NOTICE OF
CHARTER AMENDMENT

The Woodstock City Council will hold a public hearing on Monday, November 14, 2016 at 7 pm to hear public comment and to consider an ordinance to amend Sec. 2.13 of the Woodstock City Charter as it pertains to compensation and expenses for the Mayor and Council. The proposed changes are: To increase the Mayor's monthly compensation from $1000/month to $1200/month and to increase the City Council's compensation from $750/month to $950/month. The increases would not take effect until January 1, 2018.

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Meetings of the Woodstock City Council are held at The Chambers at City Center - 8534 Main Street in downtown Woodstock and are open to the public. A copy of the proposed ordinance is on file in the office of the City Clerk and will be made available upon request. Call 770 592-6002 for more information.

Filed in the Office of the Secretary of State January 24, 2017. __________

CITY OF MARIETTA ) MUNICIPAL COURT.

LEGISTAR #: 20160762 ORDINANCE NO.: 7942

AN ORDINANCE

AMENDING the Marietta City Charter Section 4.11 entitled "Municipal Court," Section 6.2 entitled "Chief Judge, Associate Judges; Compensation; Oaths" and Section 6.6 entitled "Prosecuting Attorney.
_______________________________________

NOW THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF MARIETTA, GEORGIA, HEREBY ORDAINS:

Section 1. The Charter of the City of Marietta, Georgia is hereby amended pursuant to O.C.G.A 36-35-3, O.C.G.A 36-32-2 and O.C.G.A 36-32-2.2, as well as any other applicable laws. This Ordinance is hereby adopted following the first of two public hearings and as follows: (a) The publication of notice in the local newspaper, as required by law; (b) The holding of two public hearings; (c) The filing of the Proposed Amendments with the Clerk of Superior Court, the Clerk for the City of Marietta, Georgia and the Secretary of State of the State of Georgia.

Section 2. To amend Section 4.11 - Municipal court.

(a)(1) There is created the office of judge of the municipal court or associate judges, as may be deemed appropriate, who shall be appointed by the governing authority of the City of Marietta, and such officer is subject to removal by the governing authority of the City of Marietta as set forth below. The judge or judges shall preside over the municipal court for the trial of offenders against the ordinances of the city. The judge or judges shall have the full power and authority as provided hereinafter in this charter in article VI and in the laws of the state. The compensation of the judges shall be fixed by ordinance.

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(a)(2) Removal of judge(s) (A) As used in this Code section, the term "judge" means an individual serving as an appointed municipal court judge. (B)(1) A judge may be removed during his or her term of office by a two-thirds' vote of the entire membership of the governing authority of the municipal corporation for: (a) Willful misconduct in office; (b) Willful and persistent failure to perform duties; (c) Habitual intemperance; (d) Conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or (e) Disability seriously interfering with the performance of duties, which is, or is likely to become, of a permanent character. (C) Removal proceedings pursuant to subsection (B) of this section may be initiated only by written petition setting forth the grounds for removal of a judge signed by one or more members of the governing authority of the City of Marietta. Upon submission of the petition to remove the judge to such governing authority, the governing authority may consider the petition and determine if the petition relates to and adversely affects the administration of the office of the judge and the rights and interests of the public. If it is determined at a public meeting by a majority vote of the governing authority of the City of Marietta that there is an adverse impact, the judge may be suspended immediately and without further action for up to 60 days pending the final determination pursuant to subsection (e) of this Code section. A judge suspended pursuant to this subsection shall continue to receive the compensation from his or her office until the final determination on the petition or expiration of the suspension. (D) If by the expiration of the suspension period no formal resolution of the petition has been made, the judge shall be reinstated. (E) Removal proceedings shall consist of an open and public hearing held by the governing authority of the municipal corporation, provided that the judge against whom such charges have been brought shall be furnished a copy of the charges at least ten days prior to the hearing. At the conclusion of the hearing, the governing authority of the City of Marietta shall determine whether or not to remove the judge from office. The governing authority of the City of Marietta may adopt rules governing the procedures at such hearings, provided that such hearings comport with due process. The right of certiorari from the decision to remove a judge from office shall exist, and such certiorari shall be obtained under the sanction of a judge of the superior court of the circuit in which the governing authority of the City of Marietta is situated. (F) This section shall not affect the power and authority of the Judicial Qualifications Commission to discipline, remove, or cause the involuntary retirement of judges. (G) Any vacancy in a judgeship created by the removal of a judge pursuant to this section may be temporarily filled by the governing authority of the City of Marietta for a period not longer than 90 days by any individual qualified by law to serve as a municipal court

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judge. If after the conclusion of the removal proceedings, including the appeal period, there is a vacancy for such judgeship, the governing authority of the City of Marietta may appoint a judge in the same manner as set forth in Code Section 36-32-2 or this Charter.

(a)(3) Length of Appointment of judge(s)

Any individual appointed as a judge under this Code section shall serve for a minimum term of one year and until a successor is appointed or if the judge is removed from office as provided in Code Section 36-32-2.1. or this City Charter. The governing authority of the City of Marietta may make the appointment for up and including to a term of four (4) years if included in motion making the appointment. Otherwise, the term is for one year. Any individual appointed as a judge under this Code section shall serve until a successor is appointed or if the judge is removed from office as provided in Code Section 36-32-2.1. or this City Charter.

(a)(4) Term of Council

The judge of the Municipal Court or associate judges shall be appointed by the governing authority at its first regular City Council meeting of the newly seated Mayor and Council, the first being January, 2018 and every four (4) years thereafter unless same shall be removed from office as provided herein.

(a)(5) A municipal court prosecuting attorney or assistant prosecuting attorneys may be appointed to serve by the governing authority as set forth in Section 6.6 of the Charter of the City of Marietta and the duties, term of office and removal shall be set forth in Section 6.6 of the City of Marietta Charter. Compensation of the prosecuting attorneys shall be fixed by ordinance.

(b) Notwithstanding any other provisions of this charter, no person shall serve as city prosecuting attorney or municipal court judge unless he or she is a member in good standing of the State Bar of Georgia.

Section 3. To Amend Section 6.2 - Chief judge, associate judges; compensation; oaths;

The municipal court shall be presided over by a chief judge and by such associate judges. (a) Only persons who are active members of the State Bar of Georgia and in good standing shall be qualified and eligible to serve as judge of the municipal court.

(b) Compensation of the judges shall be fixed by ordinance.

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(c) Before entering on the duties of the office, each judge shall take an oath given by the mayor, mayor pro-tem or other judicial officer that he or she will honestly and faithfully discharge the duties of the office to the best of his orher ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the council.

Section 4. To amend Section 6.6 - Prosecuting attorney.

(a) A prosecuting attorney and such assistant prosecuting attorneys as may be deemed appropriate may be appointed by the governing authority of the City of Marietta. All prosecuting attorneys shall serve for a two (2) year term unless removed by the governing authority as set forth herein. The prosecuting attorney or any assistant prosecuting attomeys shall be appointed by the governing authority at the first regular City Council meeting of the newly seated Mayor and Council, the first being January, 2018, and every two (2) years thereafter unless same shall be removed from office as provided herein.

(b) Compensation of the prosecuting attorneys shall be fixed by ordinance.

(c) The duties of the prosecuting attorneys shall be to:

(1) prosecute persons charged with violating ordinances of the city; (2) aid the police department in the preparation of cases for trial; (3) assist the judges and other officers and personnel of the courts in achieving justice in all cases and in the efficient and expeditious performance of their duties; and (4) perform such other duties as are or may be required by law or by ordinance or which necessarily appertain to the office.

(d) The prosecuting attorney and assistant prosecuting attorneys shall meet all of the qualifications set forth in the Charter for the City of Marietta and O.C.G.A. 15-18-92.

(e) The prosecuting attorney and assistant prosecuting attorneys shall take the oath of office set forth in O.C.G.A. 15-18-93.

(f) The prosecuting attorney and assistant prosecuting attorney may be removed from office by a two-thirds vote of the entire governing authority of the City of Marietta as follows:

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

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5) Disability seriously interfering with the performance of duties, which is, or is likely to become, of a permanent character.

g) Removal proceedings pursuant to this section may be initiated only by written petition setting forth the grounds for removal of a prosecuting attorney or assistant prosecuting attorney signed by one or more members of the governing authority of the City of Marietta. Upon submission of the petition to remove the prosecuting attorney or assistant prosecuting attorney to such governing authority, the governing authority may consider the petition and determine if the petition relates to and adversely affects the administration of the office of the prosecuting attorney or assistant prosecuting attorney and the rights and interests of the public. If it is determined at a public meeting by a two-thirds vote of the entire governing authority of the City of Marietta that there is an adverse impact, the prosecuting attorney or assistant prosecuting attorney may be suspended immediately and without further action for up to 60 days pending the final determination pursuant to subsection (5) of this Code section. A prosecuting attorney or assistant prosecuting attorney suspended pursuant to this subsection shall continue to receive the compensation from his or her office until the final determination on the petition or expiration of the suspension.

h) If by the expiration of the suspension period no formal resolution of the petition has been made, the prosecuting attorney or assistant prosecuting attorney shall be reinstated.

Removal proceedings shall consist of an open and public hearing held by the governing authority of the municipal corporation, provided that the prosecuting attorney or assistant prosecuting attorney against whom such charges have been brought shall be furnished a copy of the charges at least ten days prior to the hearing. At the conclusion of the hearing, the governing authority of the City of Marietta shall determine whether or not to remove the prosecuting attorney or assistant prosecuting attorney from office. The governing authority of the City of Marietta may adopt rules governing the procedures at such hearings, provided that such hearings comport with due process. The right of certiorari from the decision to remove a prosecuting attorney or assistant prosecuting attorney from office shall exist as set forth in O.C.G.A. 5-4-1, et seq.

Section 5. It is hereby declared to be the intention of this Ordinance that its sections, paragraphs, sentences, clauses and phrases are severable, and if any section, paragraph, sentence, clause or phrase of this Ordinance is declared to be unconstitutional or invalid, it shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this Ordinance.

Section 6. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed.

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Section 7. This Ordinance shall become effective upon the signature or without the signature of the Mayor subject to Georgia laws 1983, Page 4119.

SECOND READING

VOTES FOR: 5

VOTES AGAINST: 1

DATE: 2-8-17

APPROVED:

ATTEST:

s/ R. STEVE TUMLIN Steve Tumlin, MAYOR

s/ STEPHANIE GUY Stephanie Guy, CITY CLERK

Approved as to Form:

s/ DOUGLAS R. HAYNIE Douglas R. Haynie City Attorney

NOTICE OF PUBLIC HEARINGS CITY OF MARIETTA CHARTER AMENDMENT
MUNICIPAL COURT JUDGES AND MUNICIPAL COURT PROSECUTING ATTORNEY

Please take notice that the first of two public hearings will be held before the Mayor and Council for the City of Marietta on January 11, 2017 at 7:00 p.m. at a regular meeting of the Mayor and Council located n the Council Champers for the City of Marietta in the Marietta City Hall at 205 Lawrence Street, Marietta, Georgia, 30060. The Mayor and Council will consider whether or not to amend Marietta Municipal Code Section 4.11 entitled "Municipal Court, " Section 6.2 entitled "Chief Judge, Associate Judges; Compensation; Oaths," and Section 6.6 entitled "Prosecuting Attorney."

This 22nd day of DECEMBER, 2016.

By: /s/ Douglas R. Haynie Douglas R. Haynie City Attorney for the City of Marietta

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Run Dates: December 30, 2016 January 6, 2017

NOTICE TO SECRETARY OF STATE OF THE STATE OF GEORGIA NOTICE OF PUBLIC HEARINGS
CITY OF MARIETTA CHARTER AMENDMENT MUNICIPAL COURT JUDGES AND
MUNICIPAL COURT PROSECUTING ATTORNEY

You are hereby notified that the City of Marietta will conduct two public hearings on Section 4.11 entitled "Municipal Court," Section 6.2 entitled "Chief Judge, Associate Judges; Compensation; Oaths," and Section 6.6 entitled "Prosecuting Attorney." The public hearings will be held during regular City Council meetings on January 11, 2017 and February 8, 2017 in the Council Chambers in the Marietta City Hall at 205 Lawrence Street, Marietta, Georgia, 30060. Public hearings will be held in conjunction with the consideration of the amendment of Section 4.11 entitled "Municipal Court," Section 6.2 entitled "Chief Judge, Associate Judges; Compensation; Oaths," and Section 6.6 entitled "Prosecuting Attorney." The public is welcome to attend and comment. The full text of the proposed amendments are on file with the Clerk of the City of Marietta.
Attached hereto are copies of the notices to the public (legal ads) and the proposed ordinance.
This 27th day of December, 2016.

By: /s/ Douglas R. Haynie Douglas R. Haynie City Attorney for the City of Marietta

NOTICE TO SECRETARY OF STATE OF THE STATE OF GEORGIA NOTICE OF PUBLIC HEARINGS
CITY OF MARIETTA CHARTER AMENDMENT MUNICIPAL COURT JUDGES AND
MUNICIPAL COURT PROSECUTING ATTORNEY

You are hereby notified that the City of Marietta will conduct two public hearings on Section 4.11 entitled "Municipal Court," Section 6.2 entitled "Chief Judge, Associate Judges; Compensation; Oaths," and Section 6.6 entitled "Prosecuting Attorney." The public hearings will be held during regular City Council meetings on January 11, 2017 and February 8, 2017 in the Council Chambers in the Marietta City Hall at 205 Lawrence Street, Marietta, Georgia, 30060. Public hearings will be held in conjunction with the consideration of the amendment of Section 4.11 entitled "Municipal Court," Section 6.2 entitled "Chief Judge, Associate Judges; Compensation; Oaths," and Section 6.6 entitled "Prosecuting

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Attorney." The public is welcome to attend and comment. The full text of the proposed amendments are on file with the Clerk of the City of Marietta.
Attached hereto are copies of the notices to the public (legal ads) and the proposed ordinance.
This 17th day of January, 2017.

By: /s/ Douglas R. Haynie Douglas R. Haynie City Attorney for the City of Marietta

NOTICE OF PUBLIC HEARINGS CITY OF MARIETTA CHARTER AMENDMENT
MUNICIPAL COURT JUDGES AND MUNICIPAL COURT PROSECUTING ATTORNEY

Please take notice that the second of two public hearings will be held before the Mayor and Council for the City of Marietta on February 8, 2017 at 7:00 p.m. at a regular meeting of the Mayor and Council located in the Council Champers for the City of Marietta in the Marietta City Hall at 205 Lawrence Street, Marietta, Georgia, 30060. The Mayor and Council will consider whether or not to amend Marietta Municipal Code Section 4.11 entitled "Municipal Court, " Section 6.2 entitled "Chief Judge, Associate Judges; Compensation; Oaths," and Section 6.6 entitled "Prosecuting Attorney."
This 17th day of JANUARY, 2017.

By: /s/ Douglas R. Haynie Douglas R. Haynie City Attorney for the City of Marietta

Run Dates: January 27, 2017 February 3, 2017

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA - County of Cobb

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 Publisher of Times Jounal, Inc., publishers of the Marietta Daily Journal, official newspaper published in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 30 day of December, 2016 and on the 6 day of January, 2017 as provided by law.

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s/ Otis Brumby III

Subscribed and sworn to before me this 13 day of February, 2017

s/ Mimi Mitchell Notary Public My commission expires 3/21 2020 [SEAL]

NOTICE OF PUBLIC HEARINGS CITY OF MARIETTA CHARTER AMENDMENT
MUNICIPAL COURT JUDGES AND MUNICIPAL COURT

Please take notice that the first of two public hearings will be held before the Mayor and Council for the City of Marietta on January 11, 2017 at 7:00 p.m. at a regular meeting of the Mayor and Council located in the Council Champers for the City of Marietta in the Marietta City Hall at 205 Lawrence Street, Marietta, Georgia, 30060. The Mayor and Council will consider whether or not to amend Marietta Municipal Code Section 411 entitled "Municipal Court, " Section 6.2 entitled "Chief Judge, Associate Judges; Compensation, Oaths," and Section 6.8 entitled "Prosecuting Attorney."

This 22nd day of DECEMBER, 2016.

By: Douglas R. Haynie Douglas R. Haynie
City Attorney for the City of Marietta

PUBLISHER'S AFFIDAVIT

STATE OF GEORGIA - County of Cobb

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 Publisher of Times Journal, Inc., publishers of the Marietta Daily Journal, 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 27 days of January, 2017 3 day of February, 2017 as provided by law.

s/ Otis Brumby III

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Subscribed and sworn to before me this 13 day of February, 2017

s/ Mimi Mitchell Notary Public My commission expires 3/21 2020 [SEAL]

NOTICE OF PUBLIC HEARINGS CITY OF MARIETTA CHARTER AMENDMENT
MUNICIPAL COURT JUDGES AND MUNICIPAL COURT PROSECUTING ATTORNEY

Please take notice that the second of two public hearings will be held before the Mayor and Council for the City of Marietta on February 8, 2017 at 7:00 p.m. at a regular meeting of the Mayor and Council located in the Council Chambers for the City of Marietta in the Marietta City Hall at 205 Lawrence Street, Marietta, Georgia, 30060. The Mayor and Council will consider whether or not to amend Marietta Municipal Code Section 4.11 entitled Municipal Court, Section 8.2 entitled Chief Judge, Associate Judges; Compensation, Oaths, and Section 6.6 entitled Prosecuting Attorney.

This 17th day of JANUARY, 2017.

Douglas R. Haynie City Attorney for the City of Marietta

Filed in the Office of the Secretary of State February 21, 2017. __________

CITY OF COLLEGE PARK ) REDISTRICTING.

STATE OF GEORGIA CITY OF COLLEGE PARK

ORDINANCE NO. 2017-01

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF COLLEGE PARK GEORGIA BY REVISING SECTION 5-4 ("WARDS ESTABLISHED; BOUNDARIES; CHANGES) OF ARTICLE V ("ELECTIONS") THEREIN; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN

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ADOPTION AND EFFECTIVE DATE; AND TO PROVIDE FOR OTHER LAWFUL PURPOSES.

WHEREAS, the duly elected governing authority of the City of College Park, Georgia (the "City") is the Mayor and Council thereof; and
WHEREAS, Section 5-4 ("Wards established; boundaries; changes") in Article V ("Elections") of the Charter of the City establishes the boundaries of the City's four voting districts; and
WHEREAS, the City recently has annexed numerous parcels of real property into its municipal limits; and
WHEREAS, the City desires to modify the boundaries of its four voting districts in light of the annexation of these parcels to ensure that said voting districts are apportioned in compliance with Federal and State law; and
WHEREAS, O.C.G.A. 36-35-3(b)(1) and 36-35-4.1 authorize the City to reapportion its voting districts by amendment of the City's Charter; and
WHEREAS, the City desires to amend its Charter by home rule ordinance; and WHEREAS, a synopsis of this ordinance has been advertised once per week for three (3) weeks within sixty (60) days preceding the final adoption of this ordinance, in accordance with Section 36-35-3(b)(1) of the Official Code of Georgia; and WHEREAS, a synopsis of the ordinance was advertised in the South Fulton Neighbor newspaper on January 18, 2017; January 2017; and February 1, 2017; and WHEREAS, the notice of the adoption of this ordinance provided that a copy of the proposed ordinance was available for inspection in the Office of the College Park City Clerk, the Office of the Fulton County Superior Court Clerk, and the Office of the Clayton County Superior Clerk, in accordance with Section 36-35-3(b)(1) of the Official Code of Georgia, and a copy of the proposed ordinance was placed in said locations; and WHEREAS, this ordinance has been considered at two (2) consecutive public meetings, no less than seven (7) and no more than sixty (60) days apart, in accordance with Section 36-35- 3(b)(1) of the Official Code of Georgia; and WHEREAS, this ordinance was considered at public meetings held on January 17, 2017 and February 6, 2017; and WHEREAS, the amendments contained herein would benefit the health, safety, morals and welfare of the citizens of the City. BE IT AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF COLLEGE PARK, GEORGIA, and by the authority thereof: Section 1. Article V ("Elections") of the Charter of the City of College Park, Georgia is hereby amended by deleting, in its entirety, the current language in Section 5-4 and inserting new text, to read and to be codified as follows: "Sec. 5-4 - Wards established; boundaries; changes.

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(a) Effective February 6, 2017, the City of College Park shall be divided into four (4) political divisions named wards and said wards shall be termed first, second, third, and fourth wards, said wards to be configured and constituted as follows:

Ward 1

Fulton County, Georgia,

Census Tract 106.01 Blocks 1000 through 1024 Blocks 2000 through 2005 Blocks 2007 through 2012 Blocks 3000 through 3007 Blocks 3010 through 3017 Blocks 4000 through 4017
Census Tract 106.03 Block 1000 Blocks 1013 through 1016 Blocks 1030, 1031, 1039 The portions of Blocks 1040 and 1041 within the municipal limits of the City that are located on the east side of a line drawn from the end of College Street due south to the intersection with Camp Creek Parkway (State Route 6)
Census Tract 123.00 Blocks 1001 through 1021 Blocks 1029, 2071, 3045

Ward 2

Fulton County, Georgia,

Census Tract 105.07 Blocks 2000, 3000, 3001, 3003 The portions of Blocks 3002 and 3004 that are located within the municipal limits of the City The portion of Block 3005 that is located within the municipal limits of the City and lies south of Sullivan Road Blocks 3007 through 3016 Blocks 3018 through 3050 Blocks 3051 through 3054 Blocks 3058, 3063, 3064, 3065

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Census Tract 105.11 The portions of Blocks 1027 and 1028 that are located within the municipal limits of the City and lie north of South Fulton Parkway The portions of Blocks 1032 and 1033 that are located within the municipal limits of the City Block 1034 The portion of Block 1035 that is located within the municipal limits of the City and lies south of Roosevelt Highway (U.S. Highway 29) The portion of Block 1036 that is located in the municipal limits of the City and lies north of South Fulton Parkway Block 1037 The portion of Block 1038 that is located within the municipal limits of the City and lies north of Roosevelt Highway (U.S Highway 29) Block 1039 The portion of Block 1040 that is located within the municipal limits of the City Blocks 1041 through 1045 The portion of Block 1046 that is located within the municipal limits of the City The portion of Block 1047 that is located within the municipal limits of the City and lies north of South Fulton Parkway Blocks 1048 through 1053 The portion of Block 1054 that is located within the municipal limits of the City and lies south of South Fulton Parkway Blocks 1055 through 1061 Blocks 2000 through 2007 The portion of Block 2008 that is located within the municipal limits of the City and lies south of Naturally Fresh Boulevard Block 2015, 2019 The portion of Block 2020 that is located within the municipal limits of the City and lies south of Naturally Fresh Boulevard Blocks 2048, 2049

Census Tract 106.01 Blocks 2006, 2013

Census Tract 106.03 Blocks 1001 through 1012 Blocks 1017 through 1029 Blocks 1032 through 1038 The portions of Blocks 1040 and 1041within the municipal limits of the City that are located on the west side of a line drawn from College Street due south to the intersection with Camp Creek Parkway (State Route 6)

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Blocks 1042 through 1046 Blocks 1048, 1049 Blocks 1055 through 1062 Blocks 2001 through 2007 Blocks 3000, 3001 The portion of Block 3003 within the municipal limits of the City that is located north of Land Lot Line 193/4 and west of Land Lot Line 3/4

Census Tract 106.04 Blocks 1000 through 1023 Block 1028 Blocks 1032 through 3024 All portions of Block 3022 excluding Charles Phillips Park

Clayton County, Georgia.

Census Tract 9800.00 Blocks 1053 through 1058

Ward 3

Fulton County, Georgia

Census Tract 105.07 Blocks 1000 through 1005 Block 1026

Census Tract 106.04 Blocks 1025, 1027 Blocks 1029 through 1034 Blocks 2000 through 2912

Census Tract 123.00 Blocks 1022 through 1027 Blocks 1030, 1031, 1032 Blocks 2001 through 2069 Blocks 2072 through 2080 Block 3047

Census Tract 402.03 Blocks 2002, 2003

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Census Tract 9800.00 Blocks 1013 through 3018 Blocks 1024 through 1042

Clayton County, Georgia

Census Tract 402.03 Blocks 2000, 2001, 2005, 2007, 2010, 2011 Blocks 2018 through 2022

Census Tract 402.04 Blocks 2001 through 2006

Census Tract 9800.00 Blocks 1018 through 1072 Blocks 1095, 1096, 1097 Blocks 1099 through 1107 Block 1109 Blocks 1112 through 1120 Blocks 1124, 1125

Ward 4

Fulton County, Georgia

Census Tract 106.03 Block 1047 Blocks 1050 through 1053 Blocks 2010 through 2022 The portion of Block 3003 within the municipal limits of the City that is located south of Land Lot Line 193/4 and east of Land Lot Line 3/4 Block 3004

Census Tract 106.04 Blocks 3000 through 3010 Block 3014 Blocks 3017 through 3021 The portion of Block 3022 that includes Charles Phillips Park Block 3026

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The Wards described above are shown on the attached map identified as "The City of College Park Ward Map", and is attached hereto and incorporated herein as Exhibit A. In the event of any discrepancy between the descriptions above and Exhibit A, Exhibit A shall govern. (b) The Mayor and Council of the City of College Park, as the governing body and authority, shall have the power to make changes in ward lines, consistent with state law, from time to time whenever it is deemed advisable to contract or extend them; provided however, that the ward lines whenever rearranged shall not increase the number of wards beyond the total of four (4) wards." Section 2. The preamble of this Ordinance shall be considered to be and is hereby incorporated by reference as if fully set out herein. Section 3. This Ordinance shall be codified in a manner consistent with the laws of the State of Georgia and the City of College Park. Section 4. (a) It is hereby declared to be the intention of the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases of this Ordinance are or were, upon their enactment, believed by the Mayor and Council to be fully valid, enforceable and constitutional. (b) It is hereby declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this Ordinance is severable from every other section, paragraph, sentence, clause or phrase of this Ordinance. It is hereby further declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Ordinance. (c) In the event that any phrase, clause, sentence, paragraph or section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of 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 5. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. Section 6. Unless otherwise provided for herein, penalties in effect for violations of the Code of Ordinances of the City of College Park at the time of the effective date of this Ordinance shall be and are hereby made applicable to this Ordinance and shall remain in full force and Section 7. The effective date of this Ordinance shall be the date of adoption unless otherwise specified herein.

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MUNICIPAL HOME RULE ORDINANCES

ORDAINED this 6 day of Feb, 2017.

CITY OF COLLEGE PARK, GEORGIA

ATTEST:

s/ JACK P. LONGINO JACK P. LONGINO, Mayor

s/ M. BROOKS MELISSA BROOKS, City Clerk

APPROVED AS TO FORM:

s/ STEVEN FINCHER CITY ATTORNEY

Exhibit A

[MAP]

AFFIDAVIT OF PUBLICATION

I, Wade W. Stephens, do solemnly swear that I am Vice President of the Marietta Daily Journal, Cherokee Tribune, and Neighbor Newspapers, printed and published at Marietta in the State of Georgia and that from my own personal knowledge and reference to the files of said publication, the advertisements for:
"Public Notice - Proposed Charter Amendment" City of College Park, GA
was published in the: South Fulton Neighbor Newspaper On Wednesday, February 1, 2017-page 2A

s/ WADE STEPHENS

Subscribed and sworn to before 17th day of February 2017.

s/ ALICE DAVIS Notary Public

_________________ Expiration Date [SEAL]

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CITY OF COLLEGE PARK PUBLIC NOTICE
PROPOSED CHARTER AMENDMENT Notice is hereby given that an ordinance that would amend the Charter of the City of College Park, Georgia has been proposed and will be considered for final adoption by the Mayor and Council of the City of College Park, Georgia at its Regular Meeting scheduled for February 6, 2017 at 7:30 p.m. in the City Hall Council Chambers, 3367 Main Street, College Park, Georgia 30337. The proposed amendment will amend the provisions in Article V of the Charter regarding the four wards within the City by revising the boundaries of those wards. All concerned citizens are invited to attend said meeting. A copy of the proposed ordinance is available for examination and inspection by the public in the following locations: the Office of the College Park City Clerk; the Office of the Fulton County Superior Court Clerk; and the Office of the Clayton County Superior Court Clerk.

Melissa Brooks City Clerk City of College Park, Georgia

Filed in the Office of the Secretary of State March 13, 2017. __________

CITY OF FOREST PARK MUNICIPAL COURT; JUDGES.

STATE OF GEORGIA CITY OF FOREST PARK

ORDINANCE NO. 17-07

AN ORDINANCE TO AMEND CHAPTER 5 ("MUNICIPAL COURT") OF ARTICLE A ("GENERAL PROVISIONS") OF THE CODE OF ORDINANCES, CITY OF FOREST PARK, GEORGIA, BY AMENDING SECTIONS 2-5-17, 2-5-18, 2-5-18.1, AND 2-5-19; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN ADOPTION DATE; TO PROVIDE AN EFFECTIVE DATE; AND TO PROVIDE FOR OTHER LAWFUL PURPOSES.

WHEREAS, the duly elected governing authority of the City of Forest Park, Georgia (hereinafter the "City") is the Mayor and Council thereof; and

WHEREAS, House Bill 691 was passed by the State of Georgia in 2016, and it amended Article I of Chapter 32 of Title 36 of the Official Code of Georgia; and

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MUNICIPAL HOME RULE ORDINANCES

WHEREAS, Article I of said Title and Chapter regulates municipal courts including but not limited to the appointment and removal of municipal judges; and

WHEREAS, the determined that due to the amendment of state law and as a matter of course, changes to its charter and Code of Ordinances were necessary; and

WHEREAS, the City amended its Code of Ordinances to comply with state law on January 3, 2017; and

WHEREAS, the City amended its charter to comply with state law by home rule ordinance adopted February 6, 2017 and February 20, 2017; and

WHEREAS, the City desires to further amend its Code of Ordinances due to such amendments to its charter; and

WHEREAS, the governing authority of the City determines that further amendments to its Code of Ordinances will provide for the health, safety, and welfare of the inhabitants of the City.

NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED BY THE GOVERNING BODY OF THE CITY OF FOREST PARK, GEORGIA THAT:

Section One. Section 2-5-17 ("Method of selection of chief municipal judge, municipal court judge pro tem, and assistant court judge"), of Chapter 5 ("Municipal Court"), of Article A ("General Provisions") of the Code of Ordinances, City of Forest Park, Georgia is hereby amended by deleting the existing text and inserting the following text, in lieu thereof, to read to and to be codified as follows:

"Sec. 2-5-17. Appointment and duties of municipal court judges. (a) The mayor and council may appoint a chief judge to preside over the city's municipal court. (1) The chief judge shall be responsible for the general supervision of the municipal court and shall promulgate all rules necessary for the supervision, conduct, and administration of the court. (2) A member of the governing body shall nominate any qualified person for the office of chief judge, said nomination shall be seconded, and, in the event more than one (1) qualified person is nominated, the person obtaining the vote of the majority of the governing body shall be appointed chief judge. (b) The governing body shall also appoint an assistant judge who shall preside over sessions of a division of the municipal court to be known as the environmental division.

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(1) Said appointment shall follow the same procedure for appointment as that of the chief judge. (c) The governing body shall also appoint as many judges pro tempore as it may deem necessary from time to time. (1) Said appointments shall follow the same procedure for appointment as that of the chief judge. (2) Such judges pro tempore shall be acting chief municipal court judge or assistant municipal court judge in the absence, disability or disqualification of such judges. The judges pro tempore shall have all the powers and perform all the duties of the chief or assistant judge."

Section Two. Section 2-5-18 ("Chief judge"), of Chapter 5 ("Municipal Court"), Article A ("General Provisions") of the Code of Ordinances, City of Forest Park, Georgia is hereby amended by deleting the existing text and inserting the following text, in lieu thereof, to read to and to be codified as follows:

"Sec. 2-5-18. Terms of municipal court judges. Municipal judges shall serve a term of one year, unless modified by written agreement between the governing body and the judges, which agreements shall otherwise comply with state law."

Section Three. Section 2-5-18.1 ("Municipal Court Judge Pro Tem"), of Chapter 5 ("Municipal Court"), of Article A ("General Provisions") of the Code of Ordinances, City of Forest Park, Georgia is hereby amended by repealing its existing text.

Section Four. Section 2-5-19 ("Compensation"), of Chapter 5 ("Municipal Court"), of Article A ("General Provisions") of the Code of Ordinances, City of Forest Park, Georgia is hereby amended by deleting the existing text and inserting the following text, in lieu thereof, to read and to be codified as follows:

"Sec. 2-5-19. Compensation of municipal court judges. The amount and frequency of compensation of municipal judges shall be established from time to time by resolution of the governing authority."

Section Five. The preamble of this Ordinance shall be considered to be and is hereby incorporated by reference as if fully set out herein.

Section Six. This Ordinance shall be codified in a manner consistent with the laws of the State of Georgia and the City.

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MUNICIPAL HOME RULE ORDINANCES

Section Seven. (a) It is hereby declared to be the intention of the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases of this Ordinance are or were, upon their enactment, believed by the Mayor and Council to be fully valid, enforceable and constitutional.
(b) It is hereby declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this Ordinance is severable from every other section, paragraph, sentence, clause or phrase of this Ordinance. It is hereby further declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Ordinance.
(c) In the event that any phrase, clause, sentence, paragraph or section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of 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 Eight. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed.

Section Nine. The effective date of this Ordinance shall be the date of adoption unless otherwise stated herein.

ORDAINED this 20th day of February, 2017.

CITY OF FOREST PARK, GEORGIA

s/ DAVID LOCKHART David Lockhart, Mayor

s/ TOMMY SMITH Tommy Smith Councilmember, Ward One

Dabouze Antoine Mayor Pro-term, Ward Two

GEORGIA LAWS 2017 SESSION
s/ SANDRA BAGLEY Sandra Bagley Councilmember, Ward Three

4157

Latresa Wells Councilmember, Ward Four

ATTEST:

s/ ALLAN MEARS Allan Mears Councilmember, Ward Five

s/ Mike Blandenburg

APPROVED BY:

s/ JOHN T. O'NEAL

PUBLISHER'S AFFIDAVIT

State of Georgia County of Clayton

Personal appeared before the undersigned, Kathy Stephens who after being first duly sworn states that he/she is the Legal Advertising Clerk, for the Clayton News Daily, official legal organ of Clayton County, Georgia, and that upon his/her own personal knowledge knows that the advertisement, a true copy of which is hereto annexed, was published in said newspaper of general circulation on the following dates: 1/25, 2017, 2/1, 2017, 2/8, 2017

s/ KATHY STEPHENS Affiant

Sworn to and subscribed before me this the 10 day of March, 2017. Signed s/ TINA PARTRIDGE
Notary Public [SEAL] My commission expires 6-23-2019

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MUNICIPAL HOME RULE ORDINANCES

CITY OF FOREST PARK PUBLIC NOTICE
PROPOSED CHARTER AMENDMENT

The City of Forest Park Mayor and Council, at their February 6, 2017 and February 20, 2017 regular meetings, will consider and hold public hearings regarding an ordinance to amend the City's Charter. The ordinance will amend certain provisions within Article IV of the City's Charter regarding municipal judges. Copies of the proposed charter amendment will be available for examination and inspection with the clerk of the Clayton County Superior Court and the Forest Park City Clerk. All concerned citizens are invited to the public hearings, which will be held in City Council Chambers located at City Hall 745 Forest Parkway, Forest Park, Georgia 30297 at 6:00 p.m.

Mike Blandenburg City Clerk

Filed in the Office of the Secretary of State March 16, 2017. __________

CITY OF CHATTAHOOCHEE HILLS CITY COUNCIL; REDISTRICTING.

STATE OF GEORGIA COUNTY OF FULTON

ORDINANCE NO. 17-03-165

ORDINANCE AMENDING THE CHARTER OF THE CITY OF CHATTAHOOCHEE HILLS BY DELETING APPENDIX "B" OF THE CHARTER
IN ITS ENTIRETY AND REPLACING IT WITH A REVISED APPENDIX "B" ADOPTED BY THE CITY COUNCIL UNDER THE HOME RULE POWERS FOUND IN O.C.G.A. SECTIONS 36-35-3(b) AND 36-5-4.1 TO REAPPORTION THE CITY COUNCIL DISTRICTS 1 THROUGH 5 DUE TO ANNEXATION AND AS
OTHERWISE REQUIRED BY LAW

WHEREAS, the City of Chattahoochee Hills, Georgia (the "City") was duly created in 2007 and has validly existed as a municipal corporation of the State of Georgia since its incorporation; and

WHEREAS, the City's Charter, Section 2.01(a) establishes the City Council which is composed of five members; and

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WHEREAS, the City's Charter, Section 2.01(c) establishes a separate district for each of the five members of the City Council; and

WHEREAS, the City annexed territory in 2015 and 2016; and

WHEREAS, the 2015 and 2016 annexations have caused the districts to be malapportioned according to the information shown in the 2010 Decennial Census conducted by the United States Census Bureau;

WHEREAS, the law in Georgia requires that the reapportionment be limited to adjusting the boundary lines of the existing districts only to the extent reasonably necessary to comply with the one person-one vote requirements; and

WHEREAS, Section 2 of the 1965 Voting Rights Act requires that a redistricting plan not have the purpose or the effect of diluting minority representation; and

WHEREAS, the adoption of the amendment is allowed to be accomplished through local ordinance according to the provisions of Article IX, Section II, Paragraph II of the Constitution of the State of Georgia entitled Home Rule for Municipalities, and O.C.G.A. 36-35-3 and 36-35-4.1; and

WHEREAS, a synopsis of the proposed ordinance was advertised as required by law; and

WHEREAS, the proposed ordinance was kept on file in the office of the Clerk of the City of Chattahoochee Hills, Georgia and in the office of the Clerk of the Superior Court of Fulton County, Georgia and made available to the public by the city clerk; and

WHEREAS, the proposed ordinance was read at two regular consecutive City Council meetings and duly adopted therein.

BE IT ORDAINED by the City Council of the City of Chattahoochee Hills while in a regular council meeting as follows:

SECTION 1: The current Appendix "B" of the Charter of Chattahoochee Hills is hereby deleted in its entirety.

SECTION 2: The following is adopted to replace Appendix "B" of the Charter of Chattahoochee Hills:

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MUNICIPAL HOME RULE ORDINANCES

APPENDIX B

Council Districts

Council Districts l through 5 shall consist of the described territory of the City of Chattahoochee Hills as found below. All references to Blocks are to the 2010 Decennial Census provided in the report of the United States Census Bureau for the State of Georgia, County of Fulton.

Any part of the City of Chattahoochee Hills which is not included in any such district described herein shall be included within the district contiguous to such part which contains the least population according to the 2010 Decennial Census. Nevertheless, any part of the City of Chattahoochee Hills which is described herein as being in a particular district shall not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall be included with that district contiguous to such part which contains the least population according to the 2010 Decennial Census.

Any Block that is not located in the City of Chattahoochee Hills shall not be included in any district notwithstanding that such Block is identified herein and placed in a district. Any portion of a Block that is not located in the City of Chattahoochee Hills shall not be included in any district notwithstanding that such Block is identified herein and placed in a district. The portion of such a Block that is located in the City of Chattahoochee Hills shall remain in the district set forth herein.

With the exception of Tract/Block 170303-1001 located in Coweta County (County Number 077), all of the Tract/Blocks are located in Fulton County (County Number 121).
2010 CENSUS BLOCKS PER DISTRICT

DISTRICT 1 DISTRICT 2 DISTRICT 3 DISTRICT 4 DISTRICT 5

All in Tract

All in Tract All in Tract All in Tract All in Tract

10400

10400 or 10301

10400

10400 or 170303

10400

3025

10400-1027

1019

10400-3061

2048

1065

10301-1028

1078

10400-2005

2047

1083

10400 -1009

1023

10400-2006

1051

3032

10301-1079

1066

10400-1091

1107

1081

10301-1074

1072

10400-2015

1052

1079

10400-1026

1036

10400-1115

1053

1071 1069 1084 3023 3022 3024 1097 1064 1080 3026 1085 1070 3037

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10400-1076 10400-1013 10301-1072 10301-1058 10301-1057 10400-1028 10400-1077 10301-1078 10400-1008 10301-1061 10400-1021 10301-1070 10301-1073 10400-1011 10400-1022 10400-1010 10301-1071 10301-1059 10301-1027 10301-1077 10301-1069 10301-1016 10301-1075 10400-2002 10400-1012

1035 1046 1048 1114 1033 1068 3002 1031 1030 1020 3001 1058 1059 1015 1055 1018 1056 1074 1032 1016 1057 1060 1034 1017 1025 1042

10400-2013 10400-2014 10400-1099 10400-2000 10400-2028 10400-2009 10400-1093 10400-1100 10400-2057 10400-1095 10400-3071 10400-2008 10400-2055 10400-2017 10400-2016 10400-2058 10400-2031 10400-2011 10400-2059 10400-2012 10400-2056 10400-2010 10400-2036 10400-2040 10400-1092 10400-2050

4161
2029 2046 2019 2022 2018 2025 1043 1044 1040 1106 2021 1045 1117 1041 1049 1105 2045 2027 1111 2020 2024 1039 1112 2026 1038 1113

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MUNICIPAL HOME RULE ORDINANCES

1024

170303-1001

1050

1073

2023

1014

1116

1047

1090

1075

1110

1037

1029 SECTION 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

SECTION 6. If any section, clause, sentence or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this ordinance.

SECTION 7. This ordinance shall become effective immediately upon its adoption by the Council of the City of Chattahoochee Hills, Georgia.

SO ORDAINED AND EFFECTIVE this 7th day of March, 2017.

Attest:

s/ TOM REED Tom Reed, Mayor

s/ DANA WICHER Dana Wicher, City Clerk [SEAL]

CITY OF CHATTAHOOCHEE HILLS, GEORGIA

CERTIFICATE

I, Dana Wicher, City Clerk and Custodian of Records for the City of Chattahoochee Hills, certify that the attached is a true and correct copy of the Ordinance No. 17-03-165, An Ordinance Amending the Charter of the City of Chattahoochee Hills by Deleting Appendix

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"B" of the Charter in its Entirety and Replacing it with a Revised Appendix "B" Adopted by the City Council Under the Home Rule Powers Found in O.C.G.A. Sections 36-35-3(b) and 36-5-4.1 to Reapportion the City Council District 1 through 5 Due to Annexation and as Otherwise Required by Law , which was adopted during a regular meeting by the Mayor and City Council of the City of Chattahoochee Hills, Georgia on March 7, 2017. The originals of these documents are on file in the office of the City Clerk of the City of Chattahoochee Hills, Ga.

Dated this 20th day of March, 2017.

[SEAL]

s/ DANA WICHER Dana Wicher City Clerk

Affidavit of Publication

STATE OF GEORGIA} SS COUNTY OF COWETA}

Walter C. Jones, being duly sworn, says:

That he is The Publisher of the Newnan Times-Herald, a daily newspaper of general circulation, printed and published in Newnan, Coweta County, Georgia; that the publication, a copy of which is attached hereto, was published in the said newspaper on the following dates:

February 04, 2017, February 09, 2017

That said newspaper was regularly issued and circulated on those dates. SIGNED:

s/ WALTER C. JONES The Publisher

Subscribed to and sworn to me this 9th day of February 2017.

s/ STACIE LEA WILLIAMS Stacie Lea Williams, Notary Coweta County, Georgia My commission expires December 06, 2017 [SEAL]

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MUNICIPAL HOME RULE ORDINANCES

NOTICE OF PROPOSED CHARTER AMENDMENT CITY OF CHATTAHOOCHEE HILLS

At its February 7, 2017 and March 7, 2017 regular meetings, the Mayor and City Council of Chattahoochee Hills shall consider an ordinance amending the Charter of the City of Chattahoochee Hills by deleting Appendix "B" of the Charter in its entirety and replacing it with a revised Appendix "B" to be adopted by the City Council under the Home Rule Powers found in O.C.G.A. Sections 36-35-3(b) and 36-5-4.1 to reapportion the City Council Districts 1 through 5 due to annexation and as otherwise required by law. A copy of the proposed amendment is on file in the office of the City Clerk for Chattahoochee Hills and in the office of the Fulton County Superior Court Clerk for the purpose of examination and inspection by the public. No. 66128-1-2682-2-4-9

Filed in the Office of the Secretary of State March 30, 2017. __________

CITY OF SNELLVILLE FORM OF GOVERNMENT.

STATE OF GEORGIA CITY OF SNELLVILLE

ORDINANCE NO. HRO 2917-01

AN ORDINANCE TO AMEND THE CHARTER OF SNELLVILLE, GEORGIA BY ADDING SECTION 1.2 TO CLARIFY THE FORM OF GOVERNMENT
ESTABLISHED BY THE EXISTING CHARTER IS THE CITY MANAGER FORM OF MUNICIPAL GOVERNMENT

WHEREAS, the Charter of the City of Snellville provides for a Council-Manager form of government; and

WHEREAS, the Mayor and City Council have decided that it would be desirable to amend the Charter in a manner that will increase the clarity of its language by adding a section explicitly describing the form of government that is provided for in the existing charter; and

WHEREAS, Article IX, Section II, Paragraph II of the Constitution of the State of Georgia, entitled Home Rule for Municipalities, allows the General Assembly of the State of Georgia

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to provide by law for the self-government of municipalities, which the General Assembly has done with The Municipal Home Rule Act of 1965, O.C.G.A. 36-35-1 et seq.; and

WHEREAS, O.C.G.A. 36-35-3 allows municipal charters to be amended by ordinances duly adopted at two regular consecutive meetings of the municipal governing authority, not less than seven nor more than 60 days apart; and

WHEREAS, pursuant to O.C.G.A. 36-35-3, required notice has been published in the Gwinnett Daily Post once a week for three weeks prior to its final adoption, and a copy of the proposed amendments has been on file in the Office of the Clerk of the City of Snellville and in the Office of the Clerk of the Superior Court of Gwinnett County, Georgia, all as required by law; and

WHEREAS, the required notice will have been published within the statutory period of 60 days immediately preceding the final adoption of this Ordinance amending the Charter; and

WHEREAS, the title of this Ordinance shall been read and the Ordinance duly adopted at two consecutive City Council meetings not less than nor more than 60 days apart as required by Georgia law.

NOW THEREFORE, in accordance with O.C.G.A. 36-35-3, the Mayor and City Council of the City of Snellville, Georgia, pursuant to their authority, do hereby adopt this Ordinance so that the Charter of the City of Snellville is hereby amended to add Section 1.20 so that the Charter as amended reads as follows:

Section 1

Section 1.20 - Form of government.

The form of government adopted for the City of Snellville, Georgia by this Charter is the Council-Manager form as described in the model charter provision of the Georgia Municipal Association. The model charter describes this form as one that derives its name from the fact that a professional city manager is hired to administer the daily affairs of the city with the oversight of the legislative mayor and city council. Administrative authority is concentrated in one individual. This person is usually much more qualified to manage the day-to-day affairs of the city than the average city official because of specialized experience and training in the area of city management. In addition, if the manager is found to be incompetent or inefficient, the council has the power of appointment and removal. In this form of government, the mayor functions as the chair of the legislative branch of government and has the responsibility of communicating the actions of the city council to the manager.

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Section 2

All ordinances or parts of ordinances that conflict herewith are hereby expressly repealed.

Section 3

That the changes to the city charter as enacted in this ordinance shall be codified in accordance with state law and the Code of the City of Snellville, Georgia.

IT IS HEREBY ORDAINED this 27th day of March, 2017.

s/ TOM WITTS Tom Witts, Mayor

s/ BARBARA BENDER Barbara Bender, Council Member

s/ CRISTY LENSKI Cristy Lenski, Council Member

ATTEST:

s/ BOBBY HOWARD Bobby Howard, Council Member

s/ MELISA ARNOLD Melisa Arnold, City Clerk

s/ DAVE EMANUEL Dave Emanuel, Council Member

APPROVED AS TO FORM:

s/ ROGER MARMOL Roger Marmol, Council Member

s/ ANTHONY POWELL Anthony O. L. Powell, City Attorney Webb, Tanner & Powell, P. C.

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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.: 474123 Name and File No.: 3/13, 27 CHARTER 1.2 a true copy of which is hereto attached, was published in said newspaper on the following date(s): 03/08/17 Wed 03/15/17 Wed 03/22/17 Wed

s/ ROBERT D. MCCRAY Robert D. McCray, SCNI Vice President of Sales and Marketing

s/ TODD CLINE By: Todd Cline Editor

Sworn and subscribed before me 03/22/17

s/ TINA PARTRIDGE Notary Public My commission expires June 23, 2019 [SEAL]

PUBLIC NOTICE The City Council of the City of Snellville will have the first reading pursuant to Section 2.22 of the City of Snellville Charter and first adoption pursuant to O.C.G.A. O.C.G.A. 36-35-3(b)(1) of an ordinance to amend its Charter at 7:30 p.m. on Monday, March 13, 2017, with the second reading and adoption at 7:30 p.m. on Monday, March 27, 2017, in the Council Chambers, located at 2342 Oak Road, Snellville, Georgia 30078. A synopsis of the proposed amendment is as follows: AN ORDINANCE TO AMEND THE CHARTER OF SNELLVILLE, GEORGIA BY ADDING SECTION 1.2 TO CLARIFY THE FORM OF GOVERNMENT ESTABLISHED

4168

MUNICIPAL HOME RULE ORDINANCES

BY THE EXISTING CHARTER IS THE CITY MANAGER FORM OF MUNICIPAL GOVERNMENT
A copy of the proposed amendment is on file in the office of the City Clerk of the City of Snellville and on file in the office of the Clerk of the Superior Court of Gwinnett County for the purpose of examination and inspection by the public.
Melisa Arnold, City Clerk City of Snellville, Georgia 928-474123, 3/8,15,22

Filed in the Office of the Secretary of State April 4, 2017. __________

CITY OF SNELLVILLE SPECIFIC ENUMERATION OF POWERS REPEALED.

STATE OF GEORGIA CITY OF SNELLVILLE

ORDINANCE NO. HRO 2017-02

AN ORDINANCE TO AMEND THE CHARTER OF SNELLVILLE, GEORGIA BY ELIMINATING SECTION 1.13 EXAMPLES OF POWERS

WHEREAS, the Charter of the City of Snellville provides that the City shall be authorized to exercise the full extent of the powers provided to it under the law and also enumerates a non-exhaustive list of specific powers afforded to it; and

WHEREAS, the Mayor and City Council have decided that it would be desirable to amend the Charter in a manner that will increase the clarity of its language by eliminating the non-exhaustive list of specific enumerations of power; and

WHEREAS, Article IX, Section II, Paragraph II of the Constitution of the State of Georgia, entitled Home Rule for Municipalities, allows the General Assembly of the State of Georgia to provide by law for the self-government of municipalities, which the General Assembly has done with The Municipal Home Rule Act of 1965, O.C.G.A. 36-35- l et seq.; and

WHEREAS, O.C.G.A. 36-35-3 allows municipal charters to be amended by ordinances duly adopted at two regular consecutive meetings of the municipal governing authority, not less than seven nor more than 60 days apart; and

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4169

WHEREAS, pursuant to O.C.G.A. 36-35-3, required notice has been published in the Gwinnett Daily Post once a week for three weeks prior to its final adoption, and a copy of the proposed amendments has been on file in the Office of the Clerk of the City of Snellville and in the Office of the Clerk of the Superior Court of Gwinnett County, Georgia, all as required by law; and

WHEREAS, the required notice will have been published within the statutory period of 60 days immediately preceding the final adoption of this Ordinance amending the Charter; and

WHEREAS, the title of this Ordinance shall been read and the Ordinance duly adopted at two consecutive City Council meetings not less than nor more than 60 days apart as required by Georgia law.

NOW THEREFORE, in accordance with O.C.G.A. 36-35-3, the Mayor and City Council of the City of Snellville, Georgia, pursuant to their authority, do hereby adopt this Ordinance as follows:

Section 1

The Charter of the City of Snellville is hereby amended to eliminate Section 1.13 in its entirety.

Section 2

All ordinances or parts of ordinances that conflict herewith are hereby expressly repealed.

Section 3

That the changes to the city charter as enacted in this ordinance shall be codified in accordance with state law and the Code of the City of Snellville, Georgia.

IT IS HEREBY ORDAINED this 27th day of March, 2017.

s/ TOM WITTS Tom Witts, Mayor

s/ BARBARA BENDER Barbara Bender, Council Member

4170

MUNICIPAL HOME RULE ORDINANCES

s/ CRISTY LENSKI Cristy Lenski, Council Member

ATTEST:

s/ BOBBY HOWARD Bobby Howard, Council Member

s/ MELISA ARNOLD Melisa Arnold, City Clerk

s/ DAVE EMANUEL Dave Emanuel, Council Member

APPROVED AS TO FORM:

s/ ROGER MARMOL Roger Marmol, Council Member

s/ ANTHONY POWELL Anthony O. L. Powell, City Attorney Webb, Tanner & Powell, P. C.

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.: 474127 Name and File No.: 3/13, 27 CHARTER 1.13 a true copy of which is hereto attached, was published in said newspaper on the following date(s): 03/08/17 Wed 03/15/17 Wed 03/22/17 Wed

s/ ROBERT D. MCCRAY Robert D. McCray, SCNI Vice President of Sales and Marketing

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s/ TODD CLINE By: Todd Cline Editor

Sworn and subscribed before me 03/22/17

s/ TINA PARTRIDGE Notary Public My commission expires June 23, 2019 [SEAL]

PUBLIC NOTICE The City Council of the City of Snellville will have the first reading pursuant to Section 2.22 of the City of Snellville Charter and first adoption pursuant to O.C.G.A. O.C.G.A. 36-35-3(b)(1) of an ordinance to amend its Charter at 7:30 p.m. on Monday, March 13, 2017, with the second reading and adoption at 7:30 p.m. on Monday, March 27, 2017, in the Council Chambers, located at 2342 Oak Road, Snellville, Georgia 30078. A synopsis of the proposed amendment is as follows: AN ORDINANCE TO AMEND THE CHARTER OF SNELLVILLE, GEORGIA BY ELIMINATING SECTION 1.13 EXAMPLES OF POWERS A copy of the proposed amendment is on file in the office of the City Clerk of the City of Snellville and on file in the office of the Clerk of the Superior Court of Gwinnett County for the purpose of examination and inspection by the public. Melisa Arnold, City Clerk City of Snellville, Georgia

Filed in the Office of the Secretary of State April 4, 2017. __________

CITY OF SNELLVILLE APPOINTMENT OF OFFICIALS.

STATE OF GEORGIA CITY OF SNELLVILLE

ORDINANCE NO. HRO 2017-03

AN ORDINANCE TO AMEND SECTION 2.31 OF THE CHARTER OF SNELLVILLE, GEORGIA TO CLARIFY THE AUTHORITY OF THE MAYOR
AND COUNCIL WITH RESPECT TO APPOINTMENT POWERS

4172

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WHEREAS, the Charter of the City of Snellville provides that vacant positions are filled through the appointment of a qualified individual by the Mayor; and

WHEREAS, the Mayor and City Council have decided that it would be desirable to amend the Charter in a manner that will increase the efficiency of local government operations by allowing the City Council to appoint a person to a vacant position if the position has remained vacant for more than 60 days and to increase the clarity of the provisions contained in the existing charter by explicitly excepting the City Attorney, City Manager, and City Clerk from the provisions of Section 2.31(b) of the existing charter and to increase the clarity of the provisions contained in the existing charter by explicitly directing members of the City Council not to deal directly with employees under the supervision of the City Manager; and

WHEREAS, Article IX, Section II, Paragraph II of the Constitution of the State of Georgia, entitled Home Rule for Municipalities, allows the General Assembly of the State of Georgia to provide by law for the self-government of municipalities, which the General Assembly has done with The Municipal Home Rule Act of l965, O.C.G.A. 36-35- l et seq.; and

WHEREAS, O.C.G.A. 36-35-3 allows municipal charters to be amended by ordinances duly adopted at two regular consecutive meetings of the municipal governing authority, not less than seven nor more than 60 days apart; and

WHEREAS, pursuant to O.C.G.A. 36-35-3, required notice has been published in the Gwinnett Daily Post once a week for three weeks prior to its final adoption, and a copy of the proposed amendments has been on file in the Office of the Clerk of the City of Snellville and in the Office of the Clerk of the Superior Court of Gwinnett County, Georgia, all as required by law; and

WHEREAS, the required notice will have been published within the statutory period of 60 days immediately preceding the final adoption of this Ordinance amending the Charter; and

WHEREAS, the title of this Ordinance shall been read and the Ordinance duly adopted at two consecutive City Council meetings not less than nor more than 60 days apart as required by Georgia law.

NOW THEREFORE, in accordance with O.C.G.A. 36-35-3, the Mayor and City Council of the City of Snellville, Georgia, pursuant to their authority, do hereby adopt this Ordinance so that the Charter of the City of Snellville is hereby amended so that Section 2.31 of the Charter as amended reads as follows:

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Section 1

Section 2.31. - Power to nominate, appoint or designate an office or position.

(a) Notwithstanding any other provision of this Charter, if a position of any type with the city remains vacant for a period of longer than 60 days, the city council shall have the authority to appoint and confirm by majority vote a qualified and eligible person to fill the vacant position. (b) This section shall not apply to hiring, nominations, appointments or designations of the City Manager, City Attorney or City Clerk or any employee assigned by this Charter or the City Code to the city manager or department directors. (c) Except for the purpose of inquiries and investigations under Section 2.15, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.

Section 2

All ordinances or parts of ordinances that conflict herewith are hereby expressly repealed.

Section 3

That the changes to the city charter as enacted in this ordinance shall be codified in accordance with state law and the Code of the City of Snellville, Georgia.

IT IS HEREBY ORDAINED this 27th day of March, 2017.

s/ TOM WITTS Tom Witts, Mayor

s/ BARBARA BENDER Barbara Bender, Council Member

s/ CRISTY LENSKI Cristy Lenski, Council Member

s/ BOBBY HOWARD Bobby Howard, Council Member

4174

MUNICIPAL HOME RULE ORDINANCES

ATTEST:

s/ MELISA ARNOLD Melisa Arnold, City Clerk

s/ DAVE EMANUEL Dave Emanuel, Council Member

APPROVED AS TO FORM:

s/ ROGER MARMOL Roger Marmol, Council Member

s/ ANTHONY POWELL Anthony O. L. Powell, City Attorney Webb, Tanner & Powell, P. C.

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.: 474124 Name and File No.: 3/13, 27 CHARTER 2.31 a true copy of which is hereto attached, was published in said newspaper on the following date(s): 03/08/17 Wed 03/15/17 Wed 03/22/17 Wed

s/ ROBERT D. MCCRAY Robert D. McCray, SCNI Vice President of Sales and Marketing

s/ TODD CLINE By: Todd Cline Editor

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Sworn and subscribed before me 03/22/17

s/ TINA PARTRIDGE Notary Public My commission expires June 23, 2019 [SEAL]

PUBLIC NOTICE The City Council of the City of Snellville will have the first reading pursuant to Section 2.22 of the City of Snellville Charter and first adoption pursuant to O.C.G.A. O.C.G.A. 36-35-3(b)(1) of an ordinance to amend its Charter at 7:30 p.m. on Monday, March 13, 2017, with the second reading and adoption at 7:30 p.m. on Monday, March 27, 2017, in the Council Chambers, located at 2342 Oak Road, Snellville, Georgia 30078. A synopsis of the proposed amendment is as follows: AN ORDINANCE TO AMEND SECTION 2.31 OF THE CHARTER OF SNELLVILLE, GEORGIA TO CLARIFY THE AUTHORITY OF THE MAYOR AND COUNCIL WITH RESPECT TO APPOINTMENT POWERS A copy of the proposed amendment is on file in the office of the City Clerk of the City of Snellville and on file in the office of the Clerk of the Superior Court of Gwinnett County for the purpose of examination and inspection by the public. Melisa Arnold, City Clerk City of Snellville, Georgia

Filed in the Office of the Secretary of State April 4, 2017. __________

CITY OF SNELLVILLE ) APPOINTMENT OF OFFICIALS; CONFIRMATION BY CITY COUNCIL.

STATE OF GEORGIA CITY OF SNELLVILLE

ORDINANCE NO. HRO 2017-04

AN ORDINANCE TO AMEND SECTIONS 3.12 AND 3.13 OF THE CHARTER OF SNELLVILLE, GEORGIA TO CLARIFY THE AUTHORITY OF THE MAYOR AND
COUNCIL WITH RESPECT TO APPOINTMENT POWERS

WHEREAS, the Charter of the City of Snellville provides that vacant positions are filled through the appointment of a qualified individual by the Mayor; and

4176

MUNICIPAL HOME RULE ORDINANCES

WHEREAS, the Mayor and City Council have decided that it would be desirable to amend the Charter in a manner that will increase the clarity of its language and the efficiency of local government operations by changing the word "appoint" to "nominate" in the above referenced sections and by requiring confirmation by the City Counsel of the nominee for City Attorney and City Clerk; and

WHEREAS, Article IX, Section II, Paragraph II of the Constitution of the State of Georgia, entitled Home Rule for Municipalities, allows the General Assembly of the State of Georgia to provide by law for the self-government of municipalities, which the General Assembly has done with The Municipal Home Rule Act of 1965, O.C.G.A. 36-35-1 et seq.; and

WHEREAS, O.C.G.A. 36-35-3 allows municipal charters to be amended by ordinances duly adopted at two regular consecutive meetings of the municipal governing authority, not less than seven nor more than 60 days apart; and

WHEREAS, pursuant to O.C.G.A. 36-35-3, required notice has been published in the Gwinnett Daily Post once a week for three weeks prior to its final adoption, and a copy of the proposed amendments has been on file in the Office of the Clerk of the City of Snellville and in the Office of the Clerk of the Superior Court of Gwinnett County, Georgia, all as required by law; and

WHEREAS, the required notice will have been published within the statutory period of 60 days immediately preceding the final adoption of this Ordinance amending the Charter; and

WHEREAS, the title of this Ordinance shall been read and the Ordinance duly adopted at two consecutive City Council meetings not less than nor more than 60 days apart as required by Georgia law.

NOW THEREFORE, in accordance with O.C.G.A. 36-35-3, the Mayor and City Council of the City of Snellville, Georgia, pursuant to their authority, do hereby adopt this Ordinance so that the Charter of the City of Snellville is hereby amended so that Sections 3.12 and 3.13 of the Charter as amended read as follows:

ADMINISTRATIVE OFFICERS

Section 1

Section 3.12. - City attorney. The mayor shall nominate a city attorney with the confirmation of the city council, and
the mayor shall nominate with the confirmation of the city council such assistant city

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

Section 3.13. - City clerk. The mayor shall nominate a city clerk with the confirmation of the city council 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 mayor and city council.

Section 2

All ordinances or parts of ordinances that conflict herewith are hereby expressly repealed.

Section 3

That the changes to the city charter as enacted in this ordinance shall be codified in accordance with state law and the Code of the City of Snellville, Georgia.

IT IS HEREBY ORDAINED this 27th day of March, 2017.

s/ TOM WITTS Tom Witts, Mayor

s/ BARBARA BENDER Barbara Bender, Council Member

s/ CRISTY LENSKI Cristy Lenski, Council Member

ATTEST:

s/ BOBBY HOWARD Bobby Howard, Council Member

s/ MELISA ARNOLD Melisa Arnold, City Clerk

s/ DAVE EMANUEL Dave Emanuel, Council Member

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APPROVED AS TO FORM:

s/ ROGER MARMOL Roger Marmol, Council Member

s/ ANTHONY O. L. POWELL Anthony O. L. Powell, City Attorney Webb, Tanner & Powell, P.C.

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.: 474126 Name and File No.: 3/13, 27 CHARTER 3.12, 3.13 a true copy of which is hereto attached, was published in said newspaper on the following date(s): 03/08/17 Wed 03/15/17 Wed 03/22/17 Wed

s/ ROBERT D. MCCRAY Robert D. McCray, SCNI Vice President of Sales and Marketing

s/ TODD CLINE By: Todd Cline Editor

Sworn and subscribed before me 03/22/17

s/TINA PARTRIDGE Notary Public My commission expires June 23, 2019 [SEAL]

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PUBLIC NOTICE The City Council of the City of Snellville will have the first reading pursuant to Section 2.22 of the City of Snellville Charter and first adoption pursuant to O.C.G.A. O.C.G.A. 36-35-3(b)(1) of an ordinance to amend its Charter at 7:30 p.m. on Monday, March 13, 2017, with the second reading and adoption at 7:30 p.m. on Monday, March 27, 2017, in the Council Chambers, located at 2342 Oak Road, Snellville, Georgia 30078. A synopsis of the proposed amendment is as follows: AN ORDINANCE TO AMEND SECTIONS 3.12 AND 3.13 OF THE CHARTER OF SNELLVILLE, GEORGIA TO CLARIFY THE AUTHORITY OF THE MAYOR AND COUNCIL WITH RESPECT TO APPOINTMENT POWERS A copy of the proposed amendment is on file in the office of the City Clerk of the City of Snellville and on file in the office of the Clerk of the Superior Court of Gwinnett County for the purpose of examination and inspection by the public. Melisa Arnold, City Clerk City of Snellville, Georgia

Filed in the Office of the Secretary of State April 4, 2017. __________

CITY OF SNELLVILLE ) CITY MANAGER, CITY ATTORNEY, AND CITY CLERK; REMOVAL.

STATE OF GEORGIA CITY OF SNELLVILLE

ORDINANCE NO. HRO 2017-05

AN ORDINANCE TO AMEND SECTION 5.16 OF THE CHARTER OF SNELLVILLE, GEORGIA TO CLARIFY THE AUTHORITY OF THE MAYOR
AND COUNCIL WITH RESPECT TO REMOVAL OF APPOINTEES.

WHEREAS, the Charter of the City of Snellville, as interpreted by the Supreme Court of Georgia, provides that appointees serve at the pleasure of the Mayor; and

WHEREAS, the Mayor and City Council have decided that it would be desirable to amend the Charter in a manner that will increase the clarity of its language and the efficiency of local government operations by requiring 4 votes of the Mayor and Council to remove the City Manager, City Clerk, or City Attorney; and

4180

MUNICIPAL HOME RULE ORDINANCES

WHEREAS, Article IX, Section II, Paragraph II of the Constitution of the State of Georgia, entitled Home Rule for Municipalities, allows the General Assembly of the State of Georgia to provide by law for the self-government of municipalities, which the General Assembly has done with The Municipal Home Rule Act of 1965, O.C.G.A. 36-35- 1 et seq.; and

WHEREAS, O.C.G.A. 36-35-3 allows municipal charters to be amended by ordinances duly adopted at two regular consecutive meetings of the municipal governing authority, not less than seven nor more than 60 days apart; and

WHEREAS, pursuant to O.C.G.A. 36-35-3, required notice has been published in the Gwinnett Daily Post once a week for three weeks prior to its final adoption, and a copy of the proposed amendments has been on file in the Office of the Clerk of the City of Snellville and in the Office of the Clerk of the Superior Court of Gwinnett County, Georgia, all as required by law; and

WHEREAS, the required notice will have been published within the statutory period of 60 days immediately preceding the final adoption of this Ordinance amending the Charter; and

WHEREAS, the title of this Ordinance shall been read and the Ordinance duly adopted at two consecutive City Council meetings not less than nor more than 60 days apart as required by Georgia law.

NOW THEREFORE, in accordance with O.C.G.A. 36-35-3, the Mayor and City Council of the City of Snellville, Georgia, pursuant to their authority, do hereby adopt this Ordinance so that the Charter of the City of Snellville is hereby amended so that Section 5.16 of the Charter as amended read as follows:

Section 1 Section 5.16. - Removal of appointed officers of the city including the City Attorney, City Clerk and City Manager.

(a) Appointed officials of the City of Snellville shall serve at the pleasure of the mayor and city council and may be suspended, terminated or removed by a vote of four members of the mayor and/or city council.

Section 2

All ordinances or parts of ordinances that conflict herewith are hereby expressly repealed.

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Section 3 That the changes to the city charter as enacted in this ordinance shall be codified in
accordance with state law and the Code of the City of Snellville, Georgia.

IT IS HEREBY ORDAINED this 27th day of March, 2017.

s/ TOM WITTS Tom Witts, Mayor

s/ BARBARA BENDER Barbara Bender, Council Member

s/ CRISTY LENSKI Cristy Lenski, Council Member

ATTEST:

s/ BOBBY HOWARD Bobby Howard, Council Member

s/ MELISA ARNOLD Melisa Arnold, City Clerk

s/ DAVE EMANUEL Dave Emanuel, Council Member

APPROVED AS TO FORM:

s/ ROGER MARMOL Roger Marmol, Council Member

s/ ANTHONY O. L. POWELL Anthony O. L. Powell, City Attorney Webb, Tanner & Powell, P.C.

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

4182

MUNICIPAL HOME RULE ORDINANCES

Ad No.: 474125 Name and File No.: 3/13, 27 CHARTER 5.16 a true copy of which is hereto attached, was published in said newspaper on the following date(s): 03/08/17 Wed 03/15/17 Wed 03/22/17 Wed

s/ ROBERT D. MCCRAY Robert D. McCray, SCNI Vice President of Sales and Marketing

s/ TODD CLINE By: Todd Cline Editor

Sworn and subscribed before me 03/22/17

s/ TINA PARTRIDGE Notary Public My commission expires June 23, 2019 [SEAL]

PUBLIC NOTICE The City Council of the City of Snellville will have the first reading pursuant to Section 2.22 of the City of Snellville Charter and first adoption pursuant to O.C.G.A. O.C.G.A. 36-35-3(b)(1) of an ordinance to amend its Charter at 7:30 p.m. on Monday, March 13, 2017, with the second reading and adoption at 7:30p.m. on Monday, March 27, 2017, in the Council Chambers, located at 2342 Oak Road, Snellville, Georgia 30078. A synopsis of the proposed amendment is as follows: AN ORDINANCE TO AMEND SECTION 5.16 OF THE CHARTER OF SNELLVILLE, GEORGIA TO CLARIFY THE AUTHORITY OF THE MAYOR AND COUNCIL WITH RESPECT TO REMOVAL OF APPOINTEES. A copy of the proposed amendment is on file in the office of the City Clerk of the City of Snellville and on file in the office of the Clerk of the Superior Court of Gwinnett County for the purpose of examination and inspection by the public. Melisa Arnold, City Clerk City of Snellville, Georgia

Filed in the Office of the Secretary of State April 4, 2017.

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CITY OF COLLEGE PARK ) MUNICIPAL COURT; JUDGES.

STATE OF GEORGIA CITY OF COLLEGE PARK

ORDINANCE NO. 2017-02

AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF COLLEGE PARK BY AMENDING SECTION 7.3 ("SELECTION, QUALIFICATIONS, TERM, COMPENSATION OF JUDGE; OATH") AND REPEALING SECTION 7.4 ("JUDGE PRO TEM") OF ARTICLE VII ("CITY COURT OF COLLEGE PARK") THEREIN; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN ADOPTION DATE; TO PROVIDE AN EFFECTIVE DATE; AND TO PROVIDE FOR OTHER LAWFUL PURPOSES.

WHEREAS, the duly elected governing authority of the City of College Park, Georgia (hereinafter the "City") is the Mayor and Council thereof, and

WHEREAS, House Bill 691 was passed by the State of Georgia in 2016; and

WHEREAS, House Bill 691 amends Article I of Chapter 32 of Title 36 of the Official Code of Georgia; and

WHEREAS, Article I of said Title and Chapter regulates municipal courts ) including but not limited to the appointment and removal of municipal judges; and

WHEREAS, prior to the passage of House Bill 691, Section 36-32-2 of said Article, Title and Chapter provided, that municipal judges served at the pleasure of the municipality's governing authority; and

WHEREAS, House Bill 691 amends Section 36-32-2 of said Article, Title and Chapter to provide that municipal court judges shall serve definite terms and are removable only for cause; and

WHEREAS, the City desires to amend its Charter by home rule ordinance; and

WHEREAS, a synopsis of this Ordinance has been advertised once per week for three (3) weeks within sixty (60) days preceding the final adoption of this Ordinance, in accordance with Section 36-35-3(b)(1) of the Official Code of Georgia; and

4184

MUNICIPAL HOME RULE ORDINANCES

WHEREAS, a synopsis of the Ordinance was advertised in the South Fulton newspaper on February 15, 2017, February 22, 2017, and March 1, 2017; and

WHEREAS, the notice of the adoption of this Ordinance provided that a copy of the proposed ordinance was available for inspection in the Office of the College Park City Clerk and the Office of the Fulton and Clayton County Superior Court Clerks, in accordance with Section 36-35-3(b)(1) of the Official Code of Georgia, and a copy of the proposed ordinance was placed in said locations; and

WHEREAS, this Ordinance has been considered at two (2) consecutive public meetings, no less than seven (7) and no more than sixty (60) days apart, in accordance with Section 36-35-3(b)(1) of the Official Code of Georgia; and

WHEREAS, this Ordinance was considered at public meetings held on March 6, 2017 and March 20, 2017; and

WHEREAS, the amendments contained herein would benefit the health, safety, morals, and welfare of the citizens of the City.

BE IT AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF COLLEGE PARK, GEORGIA THAT, and by the authority thereof:

Section One. Section 7.3 ("Selection, qualifications, term, compensation of judge; oath") of Article VII ("City Court of College Park") of the Charter of the City of College Park, Georgia is hereby amended by deleting the existing text and inserting the following text in lieu thereof, to read and to be codified as follows:

"Sec. 7.3. ) City court judges.

(a) The City Court of College Park shall be presided over by a chief judge and such part-time, full-time, or acting judges as shall be provided by ordinance. (b) Judges for the City Court of College Park shall be appointed by the mayor and council of the City of College Park. (c) No person shall be qualified or eligible to serve as a judge on the City Court of College Park unless he or she has met all requirements imposed by state law. (d) Compensation of the judges shall be fixed by ordinance or resolution of mayor and city council. (e) The appointment of any judge to the City Court of College Park shall be of a term of no less than one year. The length of such term shall be established by ordinance, resolution, or written agreement between the judge and the mayor and city council.

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(f) Notwithstanding the duration of the term of the judge, he or she may be removed from office. Such removal shall occur as authorized by state law. (g) Notwithstanding the duration of the term of the judge, unless he or she is removed from office or he or she has resigned, he or she shall serve until mayor and city council appoint a successor. (h) Before entering upon his or her duties, he or she shall take an oath before some officer authorized to administer oaths, that he or she will faithfully and honestly discharge the duties of his or her office to the best of his or her skill and ability, without fear, favor or affection, reward or the hope thereof, and do justice between the city and the accused. This oath shall be entered on the minutes of the city council."

Section Two. Section 7.4 ("Judge pro tem") of Article VII ("City Court of College Park") of the Charter of the City of College Park, Georgia is hereby amended by repealing the existing text of such section in its entirety.

Section Three. The preamble of this Ordinance shall be considered to be and is hereby incorporated by reference as if fully set out herein.

Section Four. This Ordinance shall be codified in a manner consistent with the laws of the State of Georgia and the City.

Section Five. (a) It is hereby declared to be the intention of the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases of this Ordinance are or were, upon their a enactment, believed by the Mayor and Council to be fully valid, enforceable and constitutional.
(b) It is hereby declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this Ordinance is severable from every other section, paragraph, sentence, clause or phrase of this Ordinance. It is hereby further declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Ordinance.
(c) In the event that any phrase, clause, sentence, paragraph or section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of 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.

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MUNICIPAL HOME RULE ORDINANCES

Section Six. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed.

Section Seven. The effective date of this Ordinance shall be the date of adoption unless otherwise stated herein.

ORDAINED this 20th day of March, 2017.

CITY OF COLLEGE PARK, GEORGIA

ATTEST:

s/ JACK P. LONGINO Jack P. Longino, Mayor

s/ MELISSA BROOKS Melissa Brooks, City Clerk

APPROVED BY:

s/ STEVEN M. FINCHER Steven M. Fincher, City Attorney

AFFIDAVIT OF PUBLICATION I, Wade W. Stephens, do solemnly swear that I am Vice President of the Marietta Daily Journal, Cherokee Tribune, and Neighbor Newspapers, printed and published at Marietta in the State of Georgia and that from my own personal knowledge and reference to the files of said publication, the advertisements for:

"Public Notice Proposed Charter Amendment" ) City of College Park, GA

was published in the: South Fulton Neighbor Newspaper

On Wednesday, February 15, 2017 page A2, Wednesday, February 22, 2017-page A2 and Wednesday, March 1, 2017, page A2

s/ WADE STEPHENS

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Subscribed and sworn to before 31st day of March 2017.

s/ ALICE DAVIS Notary Public _________________ Expiration date [SEAL]

CITY OF COLLEGE PARK PUBLIC NOTICE
PROPOSED CHARTER AMENDMENT

The Mayor and Council of the City of College Park, at their March 6, 2017 and March 20, 2017 regular meetings, will consider and hold public meetings regarding an ordinance to amend the City's Charter. The ordinance will amend certain provisions within Article VII of the City's Charter regarding municipal judges. Copies of the proposed Charter amendment will be available for examination and inspection with the clerks of the Fulton and Clayton County Superior Courts and the College Park City Clerk. All concerned citizens are invited to the public hearings, which will be held at the City Hall Council Chambers located at 3667 Main Street, College Park, Georgia 30337 at 7:30 p.m.

Melissa Brooks City Clerk

Filed in the Office of the Secretary of State April 6, 2017. __________

CITY OF COVINGTON CONFLICTS OF INTEREST.

AN ORDINANCE TO AMEND SECTION 33 OF THE CHARTER OF THE CITY OF COVINGTON; TO REPEAL ALL OTHER ACTS AND ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.

WHEREAS, the City of Covington, Georgia, a municipal corporation of the State of Georgia (the "City"), operates pursuant to the Constitution and laws of the State of Georgia and its Charter, approved January 30, 1962, (Ga. L. 1962, p. 2003), as amended; and

WHEREAS, the City has now determined that it is necessary to make a certain amendment to its Charter pursuant to its home rule powers granted under the provisions of Article IX, Section II, Paragraph II of the Constitution of the State of Georgia and O.C.G.A. Section 36-35-1 through 36-35-7;

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MUNICIPAL HOME RULE ORDINANCES

NOW, THEREFORE, BE IT ORDAINED by the Mayor and council of the City of Covington in council duly assembled and IT IS HEREBY ORDAINED, by the authority of the same, as follows:

Section 1. The Charter of the City of Covington, Georgia, which was established by an Act creating a new Charter for the City of Covington, Georgia, approved on January 30, 1962, (Ga. L. 1962, p. 2003), as subsequently amended and restated, is amended by deleting the contents of Section 33 (Contract etc., interest prohibited) thereof in its entirety and substituting the following in lieu thereof:
"Sec. 33. Contract etc., interest prohibited. No council member, the mayor, nor any official or employee of the city, nor any person having held such position within the prior 24 months, shall be interested directly or indirectly in any contract, sale of merchandise, service with or for the city, or in the profits or emoluments there from; and any contract on the part of the city which violates this section shall be null and void. Provided, however, the aforesaid prohibition shall not apply to:
(a) Sales of personal property or a contract for services; provided such sales and the payment for services total less than $800.00 per calendar quarter;
(b) Sales of personal property or a contract for services made pursuant to sealed competitive bids made by the council member, mayor, official or employee of the city, either for himself or herself or on behalf of any business entity; or
(c) Sales of real property in which disclosure has been made: (1) To the judge of the probate court of Newton County, provided that if the sale is made by the judge of the probate court, then to any judge of the superior court of Newton County; (2) Not less than 15 days prior to the date such sale will become final and binding on the parties thereto; and (3) Which shows that the council member, mayor official or employee of the city has a personal interest in such sale, which interest includes, but is not limited to, any commission, fee, profit or similar benefit and which gives the name of such person, his or her position in the city, the purchase price and location of the property. No council member, the mayor, nor any officer or employee of the city shall accept any gift, frank, pass, or other emolument from any person, firm or corporation operating any public utility, or engaged in any business of a public nature within the city, or from any person, firm or corporation seeking to sell or which may desire to sell supplies to the city, perform service for or make a contract with the city, other than a gift of nominal value; nominal value being defined in this instance as less than seventy-five dollars ($75.00). Prizes, gifts or favors that are won, received, or awarded at an official training conference or city sponsored event are not subject to the nominal value restriction." Section 2. All portions of the Charter or amendments thereto or all ordinances in conflict herewith shall be and the same are hereby repealed.

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Section 3. If any part of this ordinance shall be declared void, is it the intent and the purpose hereof that all other provisions not so declared void shall remain in full force and effect.
Section 4. The City Clerk is hereby authorized and directed to cause a notice, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference, to be published in The Covington News, the official newspaper in which Sheriff's advertisements are published in Newton County, in which the city is located, once a week for three weeks within a period of sixty days immediately preceding the day of the final adoption of this ordinance. The City Clerk is also hereby authorized and directed to cause the publisher of The Covington News to execute an affidavit of such publication.

ENACTED AND ADOPTED this 3rd day of April, 2017.

By: s/ RONNIE JOHNSTON RONNIE JOHNSTON, Mayor

Attest: s/ AUDRA M. GUTIERREZ AUDRA M. GUTIERREZ, City Clerk

(CITY SEAL)

EXHIBIT A

NOTICE OF INTENTION TO AMEND SECTION 33 OF THE CHARTER OF THE CITY OF COVINGTON, GEORGIA
BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS
"THE MUNICIPAL HOME RULE ACT OF 1965"

CITY OF COVINGTON, GEORGIA NEWTON COUNTY

Notice is hereby given that an ordinance will be introduced on March 20, 2017 and will be read for final adoption on April 3, 2017, to amend the Charter of the City of Covington, Georgia, which was created by an act amended on January 30, 1962, (Ga. L. 1962, p. 2003), to increase the amount of nominal value gifts which council members, officers or employees of the city may receive from twenty-five ($25.00) dollars to seventy-five ($75.00), to exempt certain prized, gifts and favors from such limitations .and for other purposes.
A copy of this proposed amendment is on file in the office of the Clerk of the City of Covington, 2194 Emory Street, N.W., Covington, Georgia, and is on file in the office of the

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MUNICIPAL HOME RULE ORDINANCES

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 5th day of March. 2017.

AUDRA M. GUTIERREZ, City Clerk
AFFIDAVIT OF PUBLICATION STATE OF GEORGIA NEWTON COUNTY
Personally appeared before the undersigned officer:
Amanda Ellington
Who says under oath that she is the Circulation Director 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: Notice of Publication - NOTICE OF INTENTION TO AMEND SECTION 33 OF THE CHARTER OF THE CITY OF COVINGTON, GEORGIA
Public Notice #110739 Run Dates: 3/5,12,26
s/ AMANDA ELLINGTON
Sworn to and subscribed before me the 11th day of April 2017.
s/ ERICA G. HARDEMAN Erica G. Hardeman Notary Public My Commission Expires January 7, 2018 [SEAL]
NOTICE OF INTENTION TO AMEND SECTION 33 OF THE CHARTER OF THE CITY OF COVINGTON, GEORGIA BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS "THE MUNICIPAL HOME RULE ACT OF 1965"

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CITY OF COVINGTON, GEORGIA NEWTON COUNTY

NOTICE IS hereby given that an ordinance will be introduced on March 20, 2017 and will be read for final adoption on April 3, 2017, to amend the Charter of the City of Covington, Georgia, which was created by an act amended on January 30, 1962, (Ga. L. 1962, p. 2003), to increase the amount of nominal value gifts which council members, officers or employees of the city may receive from twenty-five ($25.00) dollars to seventy-five ($75.00), to exempt certain prized, gifts and favors from such limitations and for other purposes.

A COPY of this proposed amendment is on file in the office of the Clerk of the City of Covington, 2194 Emory Street, N.W., Covington, Georgia, and is on file in the office of the Clerk of the Superior Court of Newton County, 1132 Usher Street, N.W., Covington, Georgia, for the purpose of examination and inspection by the public, all as required by law.

THIS 5TH day of March, 2017.

AUDRA M. GUTIERREZ, City Clerk

PUBLIC NOTICE #110739 3/5,12,26

Filed in the Office of the Secretary of State April 26, 2017.

ORDER OF THE SUPERIOR COURT OF COLQUITT COUNTY
ACCEPTING SURRENDER OF MUNICIPAL CHARTER OF
THE TOWN OF RIVERSIDE

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IN THE SUPERIOR COURT FOR THE COUNTY OF COLQUITT STATE OF GEORGIA

In Re: SURRENDER AND DISSOLUTION OF MUNICIPAL CHARTER OF TOWN OF RIVERSIDE, GEORGIA

) CIVIL ACTION NO.: 16-CV-0326 ) ) ORDER ACCEPTING SURRENDER OF ) MUNICIPAL CHARTER OF TOWN OF ) RIVERSIDE, GEORGIA

The above styled matter having been brought before the Court, the Court finds as follows:

1. Petitioners are a majority of the registered voters of the Town of Riverside, Georgia

("Riverside").

2. This is a petition for dissolution of the municipal charter of Riverside, located in

Colquitt County, Georgia, and this court has jurisdiction.

3. Riverside has not functioned under its corporate charter for a period of ten years, as set

forth in the Petition.

4. Riverside is a municipal corporation of the State of Georgia, having been granted a

municipal corporate charter by the Georgia legislature as set forth in Acts and Resolutions

of the General Assembly of the State of Georgia 1907, 1907 Ga. Laws p. 894; as amended

by Acts and Resolutions of the General Assembly of the State of Georgia 1941, 1941 Ga.

Laws, p. 1685 ("the Charter"). Neither the original Charter nor a copy is available. Copies

of the local legislation granting and amending the Charter of Riverside are attached hereto

as Exhibit A and incorporated herein by reference and are accepted in lieu of the misplaced

Charter.

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COURT ORDER ACCEPTING SURRENDER OF CHARTER

5. There are only five voters registered to vote in Riverside (see attached Affidavit of

Paula McCollough, Chief Registrar of Colquitt County.) Two of those five registered voters,

Sandra Gail Mason and Kimberly Renee Mckaughan, no longer reside within Riverside.

Sandra Gail Mason has not voted since the General Election in November of 1996; and

Kimberly Renee McKaughan has not voted since the General Election of November of 2012.

6. Only seven households are located within the boundaries of Riverside, and Riverside

has only 11 residents. (Affidavit of Sharon Salter.) All residents of Riverside who are not

registered voters consented to the relief requested in the Petition.

7. Marie Johnson, who owns residential parcels within the Town of Riverside consented

to the relief requested in the Petition.

8. Riverside Properties Holding Corporation, which owns most of the real property within

the Town of Riverside consented to the relief requested in the Petition.

9. The Mayor of the City of Riverside, and EMILY ELAINE SNIPES, as Member of the

City Council of Riverside, consented to the relief requested in the Petition.

BASED UPON THE ABOVE AND FOREGOING, IT IS HEREBY ORDERED AND

ADJUDGED that the surrender of the Charter of the Town of Riverside is accepted and the

Town of Riverside is dissolved.

FURTHER ORDERED, that the Clerk will furnish a duplicate copy of this order to the

Georgia Secretary of State as required by O.C.G.A. Section 36-30-7,

SO Ordered, this 18th day of August, 2016

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/s/ Brian A. McDaniel Brian A. McDaniel, Judge of the Superior Court Southern Judicial Circuit

This order drafted by:

FILED CLERK OF SUPERIOR COURT COLQUITT COUNTY, GA 2016 AUG 18 AM 11:36 LYNN G. PURVIS, CLERK

/s/ Lester M. Castellow Lester M. Castellow Attorney for Petitioners Georgia Bar No. 116113 P. O. Box 190 Moultrie, Georgia 31776 229-985-1213, phone 229-890-1314, fax Lester.castellow@mtcslaw.com

EXHIBIT A

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Georgia Legislative Documents Search Help Content of Act/Resolution

Act/Resolution 2 of 2
ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OPF GEORGIA 1907
Part III.--Corporations. TITLE I. MUNICIPAL CORPORATIONS.
1907 Vol. 1 Page: 894

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COURT ORDER ACCEPTING SURRENDER OF CHARTER

Sequential Number: 274

Short Title: RIVERSIDE, INCORPORATED. Law Number: No. 122.

Full Title: An Act to create and incorporate the town of Riverside, in Colquitt county, Georgia, and for other purposes.

SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the town of Riverside, in the county of Colquitt, State of Georgia, be, and the same is, hereby incorporated under the name of the town of Riverside, and is invested with all the powers usually conferred upon such municipalities. [Sidenote: Riverside, town of, incorporated.]

SEC. 2. That the limits of said town shall be as follows: Starting from a point where the western line of the city of Moultrie, Georgia, crosses the Moultrie and Camilla public dirt road, and run thence due south to the original lot line, between lots of land two hundred and sixty-three (263) and two hundred and ninety (290), and thence due south one thousand (1,000) feet; thence due west to the Ochlocknee river; thence up the western bank of said river to a point where the Moultrie and Camilla public dirt road crosses said river; thence east along the southern side of said Moultrie public dirt road to the point of beginning. [Sidenote: Corporate limits.]

SEC. 3. That the municipal government of said town of Riverside shall be vested in a mayor and three (3) aldermen, and such other officers as they may select. J. C. Stewart shall be mayor, R. L. Smith, Y. A. J. Jones and A. P. West shall be aldermen, until their successors are chosen and selected as hereinafter provided. On the second Monday in January, nineteen hundred and nine (1909), and biennially thereafter there shall be held an election at the council chamber, or at some other place in town previously selected by the mayor and aldermen, for the purpose of selecting a mayor and one alderman for a term of two years, and until their successors are elected and qualified, and on the second Monday in January, nineteen hundred and ten (1910), and biennially thereafter, there shall likewise be held an election for two aldermen, who shall likewise hold for a term of two years, and until their successors are elected and qualified. The officers so elected shall, at the next regular meeting of the town council following said election, be sworn in by the mayor, or any other person qualified to administer an oath. Said oath shall be taken and subscribed on the book of minutes in which are kept the proceedings of the town council. Said oath to be as follows: "I do solemnly swear, or affirm, that to the best of my ability I will perform all the duties of mayor (or alderman, as the case may be) of the town of Riverside, for the term to which I have been elected; so help me God." Immediately on taking and subscribing this oath they

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shall enter on the discharge of their respective duties. If for any reason any of said officers are not sworn in at that time they may be sworn in at any subsequent time. [Sidenote: Mayor and aldermen appointed; election of successors.]

SEC. 4. J. C. Stewart, as mayor, and R. L. Smith, as alderman, shall hold their office until their successors are elected by the election to be held on the second Monday in January, nineteen hundred and nine (1909), and the other aldermen, to wit: Y. A. J. Jones and A. P. West, shall hold office until their successors are elected at the election to be held on the second Monday in January, nineteen hundred and ten (1910), and qualified; provided, ________________________________________________________________________
Page: 896

that at any time a vacancy occurs in the office of major or alderman, by death, resignation, or otherwise, the remaining aldermen or mayor may select some qualified citizens of said town to fill such vacancy so occasioned until the next regular election, at which time there shall be selected his successor. [Sidenote: Terms of office.]

SEC. 5. The mayor shall preside at all meetings of the council, and shall have all the power usually incident to mayors of towns; he shall be an ex-officio justice of the peace, so far as issuing criminal warrants and trying offenses for violation of the criminal laws in the said town of Riverside is concerned; he shall have no vote on any question arising in the meetings of the council unless there is a tie between the aldermen; in such cases he shall be allowed to vote. Two aldermen, or the mayor and one alderman, shall constitute a quorum for the transaction of business, and a majority vote of those present shall be necessary to pass any ordinance, resolution, etc. [Sidenote: Mayor, powers and duties.]

SEC. 6. The mayor and aldermen shall have the power to abate nuisances, tax itinerant shows, venders and the like; to issue special taxes and licenses for all classes of business or occupations as in their discretion they may see fit, according to the terms of this charter; and to pass all ordinances for the benefit and good government of said town of Riverside as they may deem proper, not inconsistent herewith; they shall have the right to levy an ad valorem tax for general purposes on all property in said town, both real and personal, and not exceeding ten cents on the hundred dollars. [Sidenote: Corporate powers.]

SEC. 7. The mayor, or in case of the absence of the mayor, the mayor pro tem., to be chosen from one of the aldermen, shall have the right and power to punish all offenders against the ordinances of said town by forcing said offender to work on the streets of said town, or by

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COURT ORDER ACCEPTING SURRENDER OF CHARTER

confinement in the guard-house for a term of twenty-five days, or by fine of fifty ($50.00) dollars, either one or all three of said punishments, or any part thereof, may be inflicted. [Sidenote: Punitive powers.]

SEC. 8. The said mayor, or mayor pro tem., is hereby empowered to bind over any offender the courts of Colquitt county for the violation of any of the criminal laws of said State; to assess and accept bonds for their appearance to answer such charges. [Sidenote: Appearance bonds.]

SEC. 9. All elections held in said town under and by virtue of this charter may be held as are held elections for members of the General Assembly, or they may be held by the mayor or any alderman of said town and two residents of said town; provided, no one shall be competent to assist in holding an election in which he may be a candidate. All citizens of said town who are qualified to vote in all elections held under the provisions of this charter; ________________________________________________________________________
Page: 897

the polls shall be opened at 8 o'clock a. m. and closed at 3 o'clock p. m.; provided, however, the mayor and aldermen of said town shall have the rights and powers to pass ordinances requiring all voters to register before being allowed to vote in any election. [Sidenote: Elections, how held.]

SEC. 10. That the residents of said town of Riverside shall do road duty as though this town had never been incorporated.

SEC. 11. Be it further enacted, That the mayor and aldermen of said city shall have the right to pass ordinances, and the power to enforce the same; to take up and impound any horse, mule, asses, cows, hogs, goats, sheep or other animals running at large in said town, and to make and enforce all ordinances that may be necessary for the regulation and control of such animals in said city, and they have the power to levy a tax on each dog in said city, not to exceed one dollar per year; and to enforce said tax as other taxes are enforced; in additional to which they shall have the right to pass ordinances ordering the police officers of said city to impound or kill all dogs for which the tax be not paid. [Sidenote: Stock law.]

SEC. 12. That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed.

Approval Date: Approved August 22, 1907.

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Georgia Legislative Documents Search Help Content of Act/Resolution

Act/Resolution 118 of 142
ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1941
PART III.--CORPORATIONS. TITLE I. MUNICIPAL CORPORATIONS.
1941 Vol. 1 Page: 1685
Sequential Number: 467
Short Title: RIVERSIDE MAYOR AND ALDERMEN'S APPOINTMENT AND ELECTION. Law Number: No. 240.
Full Title: An Act To amend an Act, approved August 22, 1907, contained in Georgia Laws 1907, pages 984, et seq., and entitled, "An Act to create and incorporate the town of Riverside, in Colquitt County, Georgia, and for other purposes," by naming the Mayor and Aldermen of said town, the offices of which are vacant, and by providing for the election of their successors, and for other purposes.
Whereas, the offices of the Mayor and of all the Aldermen of the town of Riverside, in Colquitt County, Georgia, are vacant, because of the death or removal from said town of the last respective incumbents of said offices;
Now, therefore, be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act the Act approved August 22, 1907, ________________________________________________________________________
Page: 1686

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COURT ORDER ACCEPTING SURRENDER OF CHARTER

incorporating the town of Riverside in Colquitt County, Georgia and appearing in Georgia Laws 1907, pages 894-897 be, and the same is hereby amended, as follows: [Sidenote: Act of 1907 amended.]

Section 1. That J. A. Hegwood is hereby named, as the Mayor, and B. B. Wills, G. W. Mims and B. G. Jackson, Sr., are hereby named, as the Aldermen, of said town of Riverside, and that their respective terms of office shall begin upon their taking the oath of office prescribed in said original Act of incorporation. The said J. A. Hegwood, as Mayor, and the said B. B. Wills, as an Alderman, shall hold their respective offices until their successors are elected at that election, required by the provisions of said original Act to be held on the second Monday in January, Nineteen Hundred and Forty-Three (1943), and have qualified; and the other two Aldermen, to-wit: G. W. Mims and B. G. Jackson, Sr., shall hold their respective offices until their successors are elected at that election, required by the provisions of said Act, to be held on the second Monday in January, Nineteen Hundred and Forty-two (1942), and have qualified. [Sidenote: Incumbents named.]

Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. [Sidenote: Repealing clause.]

Approval Date: Approved March 24, 1941.