Acts and resolutions of the first session of the 156th General Assembly of the State of Georgia 2021: volume two

Collection:
Georgia Government Publications
Title:
Acts and resolutions of the first session of the 156th General Assembly of the State of Georgia 2021: volume two
Creator:
Georgia. General Assembly
Publisher:
Atlanta, Ga. : Georgia. General Assembly
Date of Original:
2021
Subject:
Administrative acts--Georgia
Legislation--Georgia
Law--Georgia
Location:
United States, Georgia, 32.75042, -83.50018
Medium:
legislative acts
Type:
Text
Format:
application/pdf
Metadata URL:
http://dlg.galileo.usg.edu/id:dlg_ggpd_y-ga-bl407-b2021-bv-p2-belec-p-btext
Digital Object URL:
http://dlg.galileo.usg.edu/do:dlg_ggpd_y-ga-bl407-b2021-bv-p2-belec-p-btext
Language:
eng
Holding Institution:
University of Georgia. Map and Government Information Library
Rights:
Rights Statement information

ACTS AND RESOLUTIONS OF THE
FIRST SESSION OF THE 156TH
GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
2021
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Volume Two

COMPILER'S NOTE
General Acts and Resolutions of the 2021 Regular Session of the General Assembly of Georgia will be found in Volume One beginning at page 1. The Supplementary Appropriations Act for FY 2020-2021 and the Appropriations Act for FY 2021-2022 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, 2020, and May 1, 2021, are printed in Volume Two beginning at pages 4305 and 4311, respectively. There are no numbered pages between page 941, 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. Except as otherwise noted in the volume, 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 2021
TABLE OF CONTENTS
VOLUME ONE
Acts and Resolutions of General Application .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Supplementary Appropriations Act for FY 2020-2021. . . . . . . . . . . . . . . . . . Appendix General Appropriations Act for FY 2021-2022.. . . . . . . . . . . . . . . . . . . . . . . Appendix
VOLUME TWO
Acts and Resolutions of Local Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3501 County and Consolidated Government Home Rule Actions. . . . . . . . . . . . . . . . . . 4305 Municipal Home Rule Actions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4311
VOLUME THREE
Acts by Numbers-Page References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A Bills and Resolutions-Act Number References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4A Index-Tabular.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8A Index-General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23A Population of Georgia Counties-Alphabetically. . . . . . . . . . . . . . . . . . . . . . . . . . . . 66A Population of Georgia Counties-Numerically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70A Population of Cities-Alphabetically.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75A Population of Cities-Numerically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83A Population of Judicial Circuits.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91A Georgia Senate Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . . 96A Georgia Senators, Numerically by District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98A Georgia House Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 101A Georgia Representatives, Numerically by District.. . . . . . . . . . . . . . . . . . . . . . . . . 103A Status of Referendum Elections.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111A Governor's Proclamations and Vetoes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365A Historical List of General Assemblies of the State of Georgia. . . . . . . . . . . . . . . . 375A Legislative Services Committee and Staff.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376A

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WHITFIELD COUNTY REDEVELOPMENT POWERS; REFERENDUM.

No. 1 (House Bill No. 61).

AN ACT

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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

SECTION 2. The election superintendent of Whitfield County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Whitfield County for approval or rejection. The election superintendent shall conduct that election on the third Tuesday in March of 2021, 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 Whitfield County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes Whitfield County, Georgia, to ( ) NO exercise all redevelopment powers allowed under the 'Redevelopment
Powers Law,' as it may be amended from time to time?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on

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such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If 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 April immediately following such election date. The expense of such election shall be borne by Whitfield County, Georgia. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to authorize Whitfield County, Georgia, to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Georgia Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; and for other purposes.
Representative Kasey Carpenter District 4
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Kasey Carpenter, Representative from District 4th, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Citizen-News, which is the official organ of Whitfield County, on the 1st of January, 2021; 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/ KASEY CARPENTER Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 6th of January, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved February 1, 2021.

__________

HENRY COUNTY BOARD OF COMMISSIONERS; VACANCIES; CODE OF ETHICS; BOARD OF ETHICS; AUTHORITY, ROLES, AND RESPONSIBILITIES OF CHAIRPERSON, BOARD, AND COUNTY MANAGER.

No. 4 (Senate Bill No. 22).

AN ACT

To amend an Act to provide for a new Board of Commissioners of Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as amended, so as to revise provisions regarding vacancies on the board of commissioners; to provide for temporary vacancies; to provide a code of ethics; to establish a board of ethics; to revise the authority, roles, and responsibilities of the chairperson, the board of commissioners, and the county manager; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide for a new Board of Commissioners of Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as amended, is amended in Section 3 by revising subsection (c) as follows:
"(c) Vacancies occurring in the membership of the board shall be filled in the following manner:
(1) If, at the time the vacancy occurs, there are less than 360 days until the date of the next general election, a qualified successor from the district in which the vacancy occurred shall be appointed by the remaining members of the board to serve until the first day of January following the next general election. Such appointment shall be made from a list of nominees provided by the county executive committee of the political party of which the vacated board member was the candidate at the last general election in which the board seat was up for election. A qualified successor shall be elected at the next general election to serve for the remainder of the unexpired term or for the next term, whichever shall be applicable, and shall take office immediately upon the results of such election being certified by the election superintendent. If the vacancy is in the office of chairperson, the vice chairperson shall serve as chairperson until a successor shall be elected as provided herein and, during such period, the board of commissioners shall be composed of five members; (2) If, at the time the vacancy occurs, there are more than 360 days until the next general election:
(A) No later than 14 days after the occurrence of the vacancy, a qualified interim successor from the district in which the vacancy occurred shall be appointed by the remaining members of the board to serve until a special election can be held to fill the vacancy for the remainder of the unexpired term. Such appointment shall be made from a list of nominees provided by the county executive committee of the political party of which the vacated board member was the candidate at the last general election in which the board seat was up for election; and (B) A qualified permanent successor from the district in which the vacancy occurred shall be elected at a special election called for such purpose. Only the qualified electors of Henry County residing within the commissioner district wherein the vacancy occurred shall be eligible to vote at such election. The election superintendent of Henry County shall call such election to be held on the earliest available date provided by general law for a special election to fill a vacancy. The election shall be governed by the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' relative to special elections for the filling of vacancies. The person elected at such special election shall take office immediately upon the results of such election being certified by the election superintendent. All persons so elected to fill a vacancy shall serve for the remainder of the unexpired term. If the vacancy is in the office of

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chairperson, the special election provided for herein shall apply to filling such vacancy, except that the qualified electors of Henry County voting on a county-wide basis shall be eligible to vote at said special election; and (3)(A) The chief judge of the superior court of Henry County shall have the power to declare a temporary vacancy on the board created by the ill health or suspension from office of a board member, provided that the length of such a temporary vacancy shall not exceed 90 days. In the event of a temporary vacancy, no later than 14 days after the declaration of the vacancy, a qualified interim successor from the district in which the vacancy occurred shall be appointed by the remaining members of the board. Such appointment shall be made from a list of nominees provided by the county executive committee of the political party of which the vacated board member was the candidate at the last general election in which the board seat was up for election. (B) In the event that a temporary vacancy exceeds 90 days, a special election shall be held in the same manner as provided for in subparagraph (B) of paragraph (2) of this subsection. The person elected at such special election shall take office immediately upon the results of such election being certified by the election superintendent. All persons so elected to fill a temporary vacancy shall serve until the vacancy of the incumbent board member ends or for the remainder of the unexpired term, whichever event occurs first."

SECTION 2. Said Act is further amended by adding a new section to read as follows:

"SECTION 7.1. (a) Purpose.
(1) It is essential to the proper administration and operation of the Henry County government that its officials and employees be, and give the appearance of being, independent and impartial, that public office not be used for private gain, and that there be public confidence in the integrity of Henry County officials and employees. Because the attainment of one or more of these ends is impaired whenever there exists in fact, or appears to exist, a conflict between the private interests and public responsibilities of officials and employees, the public interest requires that the General Assembly protect against such conflicts of interest by establishing by law appropriate ethical standards with respect to the conduct of the officials and employees of Henry County in situations where a conflict may exist. (2) The General Assembly recognizes that an appropriate and effective code of ethics for appointed officials and employees of Henry County is also essential for the proper administration and operation of the Henry County government. (b) Definitions. As used in this section, the term: (1) 'Agency' means any board, bureau, body, commission, committee, department, or office of Henry County to which the board of commissioners has appointment powers.

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(2) 'Business' means any corporation, partnership, organization, sole proprietorship, other entity operated for economic gain, whether professional, industrial, or commercial, and entity which for purposes of federal income taxation is treated as a nonprofit organization. (3) 'Confidential information' means information which has been obtained in the course of holding public office, employment, acting as an independent contractor, or otherwise acting as an official or employee and which information is not available to members of the public under state law or other law or regulation and which the official, independent contractor, or employee is not authorized to disclose. (4) 'Contract' means any claim or demand against or any lease, account, or agreement with any person, whether express or implied, executed or executory, verbal or in writing. (5) 'Emergency situation' means any circumstance or condition giving rise to an immediate necessity for the execution of a contract by and between Henry County and an official or employee or between Henry County and a business in which an official or employee has an interest and where, to the satisfaction of the board of commissioners, it is shown that there is no one other than such persons with whom the contract could have been made and that the necessity was not brought about by such persons' own fault or neglect. (6) 'Immediate family' means an official or employee and his or her spouse, parents, brothers, sisters, and natural or adopted children. (7) 'Interest' means any direct or indirect pecuniary or material benefit held by or accruing to the official or employee as a result of a contract or transaction which is or may be the subject of an official act or action by or with Henry County. Unless otherwise provided in this section, the term 'interest' does not include any remote interest. An official or employee shall be deemed to have an interest in transactions involving:
(A) Any person in the official's or employee's immediate family; (B) Any person, business, or entity that the official or employee knows or should know is seeking official action with Henry County, is seeking to do or does business with Henry County, has interests that may be substantially affected by performance or nonperformance of the official's or employee's official duties, or with whom a contractual relationship exists whereby the official or employee may receive any payment or other benefit; (C) Any business in which the official or employee is a director, officer, employee, shareholder, or consultant; or (D) Any person of whom the official or employee is a creditor, whether secured or unsecured. (8) 'Official or employee' means any person elected or appointed to or employed or retained by Henry County or any agency, whether paid or unpaid and whether part time or full time. Such term includes retired employees or former county employees during the period of time in which they are later employed or retained by the county or any agency. Such term does not include superior and state court judges and their immediate

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staffs, the district attorney, the solicitor of the state court, the clerks of the superior and state courts, magistrates, the judge of the probate court, and their respective staffs. (9) 'Official act or action' means any legislative, administrative, appointive, or discretionary act of the board of commissioners, the chairperson of the board of commissioners, or a commissioner. (10) 'Paid' means the receipt of, or right to receive, a salary, commission, percentage, brokerage, or contingent fee. (11) 'Participate' means to take part in official acts, actions, or proceedings personally as an official or employee through approval, disapproval, decision, recommendation, investigation, the rendering of advice, or the failure to act or perform a duty. (12) 'Person' means any individual, business, labor organization, representative, fiduciary, trust, or association, whether paid or unpaid, and includes any official or employee of Henry County. (13) 'Property' means any property, whether real or personal or tangible or intangible, and includes currency and commercial paper. (14) 'Remote interest' means the interest of:
(A) A nonsalaried director, officer, or employee of a nonprofit organization; (B) A holder of less than 5 percent of the legal or beneficial ownership of the total shares of a business; (C) Any person in a representative capacity, such as a receiver, trustee, or administrator; or (D) Any person who, by determination of the board of ethics, is deemed to have such an interest. (15) 'Transaction' means the conduct of any activity that results in or may result in an official act or action of an official or employee of Henry County. (c) Proscribed Conduct. No official or employee of Henry County shall: (1) By his or her conduct give reasonable basis for the impression that any person can improperly influence him or her or unduly enjoy his or her favor in the performance of his or her official acts or actions or that he or she is affected unduly by the rank or position of or kinship or association with any person; (2)(A) Directly or indirectly request, exact, receive, or agree to receive a gift, loan, favor, promise, or thing of value for himself or herself or another person if:
(i) It tends to influence him or her in the discharge of his or her official duties; or (ii) He or she recently has been, or is now, or in the near future may be, involved in any official act or action directly affecting the donor or lender. (B) Subparagraph (A) of this paragraph shall not apply in the case of: (i) An occasional nonpecuniary gift of value less than $100.00; (ii) An award publicly presented in recognition of public service; or (iii) A commercially reasonable loan made in the ordinary course of business by an institution authorized by the laws of Georgia to engage in the making of such a loan;

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(3) Disclose or otherwise use confidential information acquired by virtue of his or her position for his or her or another person's private gain; (4) Appear on his or her own personal behalf, or represent, advise, or appear on the personal behalf, whether paid or unpaid, of any person before any court or before any legislative, administrative, or quasi-judicial board, agency, commission, or committee of this state or of any county or municipality concerning any contract or transaction which is or may be the subject of an official act or action of Henry County or otherwise use or attempt to use his or her official position to secure unwarranted privileges or exemptions for himself or herself or other persons; (5) Engage in, accept employment with, or render services for any agency, private business, or professional activity when such employment or rendering of services is adverse to and incompatible with the proper discharge of his or her official duties; (6) Acquire an interest in any contract or transaction at a time when he or she believes or has reason to believe that such an interest will be affected directly or indirectly by his or her official act or actions or by the official acts or actions of other officials or employees of Henry County; or (7) Engage in any activity or transaction that is prohibited by law now existing or hereafter enacted which is applicable to him or her by virtue of his or her being an official or employee of Henry County. (c.1) Additional Proscribed Conduct for Commissioners. Members of the board of commissioners shall not issue directives to employees who report to the county manager, threaten to terminate the employment of a county employee, threaten to terminate a county contract so as to exert undue influence, or engage in conduct that is unbecoming of a member of the board of commissioners. (d) Gifts to certain employees. No employee of the purchasing department of Henry County shall accept any gift of value from anyone who has had or may reasonably be anticipated to have any business with or before such department. Gifts from persons who do not have or who would not be reasonably anticipated to have any business with or before such department may be accepted by an employee of such department only when such gifts are based solely on a family relationship or personal friendship. (e) Disclosure of interests. An official or employee who has an interest that he or she has reason to believe may be affected by his or her official acts or actions or by the official acts or actions of another official or employee of Henry County shall disclose the precise nature and value of such interest by sworn written statement to the board of ethics and ask for the board's opinion as to the propriety of such interest. Every official or employee who knowingly has any interest, direct or indirect, in any contract to which Henry County is or is about to become a party, or in any other business with Henry County, shall make full disclosure of such interest to the board of commissioners and to the ethics officer and the board of ethics. The information disclosed by such sworn statements, except for the valuation attributed to the disclosed interest, shall be made a matter of public record by the board of ethics. In cases where a conflict of interest exists, such official or employee shall

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recuse himself or herself from participating or taking any official acts or actions in any matter for the county affected by such conflict of interest. (f) Participation in contracts.
(1) An official or employee shall disqualify himself or herself from participating in any official act or action of Henry County directly affecting a business or activity in which he or she has any interest, whether or not a remote interest. (2) Henry County shall not enter into any contract involving services or property with an official or employee of the county or with a business in which an official or employee of the county has an interest. This subsection shall not apply in the case of:
(A) The designation of a bank or trust company as a depository for county funds; (B) The borrowing of funds from any bank or lending institution which offers the lowest available rate of interest for such loans; (C) Contracts for services entered into with a business which is the only available source for such goods or services; or (D) Contracts entered into under circumstances which constitute an emergency situation, provided that a record explaining the emergency is prepared by the board of commissioners and submitted to the board of ethics at its next regular meeting and thereafter kept on file. (3) Henry County shall not enter into any contract with, or take any official act or action favorably affecting, any person, or business represented by such person, who has been within the preceding two-year period an official or employee of Henry County. (g) Reporting violations. (1) Any person who witnesses or becomes aware of a violation of this section may complain of the violation as follows: (A) A complaint may be communicated anonymously to the ethics administrator. Such complaint shall be made in good faith and with veracity and sufficient specificity so as to provide the ethics officer with salient and investigable facts. The ethics administrator may require the anonymous complaint to be made in a manner and form that is intended only to obtain relevant facts related to the alleged violation of this section and that is not designed to reveal the identity of the complainant; and (B) A sworn written complaint may be filed with the ethics administrator as described in this subparagraph. All written complaints to be considered by the board of ethics and the ethics officer shall contain the following, if applicable:
(i) The name and address of the person or persons filing the complaint; (ii) The sworn verification and signature of the complainant; (iii) The name and address of the party or parties against whom the complaint is filed and, if such party is a candidate, the office being sought; (iv) A clear and concise statement of facts upon which the complaint is based along with an allegation that such facts constitute one or more violations of law under the jurisdiction of the board of ethics;

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(v) A general reference to the allegedly violated statutory provisions of the code of ethics within the jurisdiction of the board of ethics; and (vi) Any further information which might support the allegations in the complaint, including, but not limited to, the following:
(I) The names and addresses of all other persons who have first-hand knowledge of the facts alleged in the complaint; and (II) Any documentary evidence that supports the facts alleged in the complaint. (2) Upon receipt of a complaint by the ethics administrator, the ethics administrator shall send a written notice to the subject of the complaint by the next business day. Both this notice and any subsequent documents shall be subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A. (3) Upon receipt of a written, nonanonymous complaint which does not conform to the applicable requirements of subparagraph (B) of paragraph (1) of this subsection, the ethics administrator shall by letter acknowledge receipt of the complaint and advise the complainant of the defect in the complaint and that the complaint will not be considered by the board of ethics unless the defect is corrected. (h) Enactment. (1) This section shall be construed liberally to effectuate its purpose and policies and to supplement such existing laws as may relate to the conduct of officials or employees. (2) The propriety of any official act or action taken by or transaction involving any officials or employees immediately prior to the time this section shall take effect shall not be affected by the enactment of this section. (3) The provisions of this section are severable, and if any of its provisions shall be held unconstitutional or invalid by a court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions. (i) Board of Ethics. (1)(A) There is created the Board of Ethics of Henry County to be composed of seven citizens of Henry County to be appointed as provided in paragraph (2) of this subsection. (B) Each member of the board of ethics shall have been a resident of Henry County for at least one year immediately preceding the date of taking office and shall remain a resident of the county, and where applicable the commission district he or she represents, while serving as a member of the board of ethics. (C) No person shall serve as a member of the board of ethics if the person has, or has had within the immediately preceding two-year period, any interest in any contract, transaction, or official act or action of Henry County. (D) No member of the board of ethics shall be a member of an agency or an official or employee of Henry County or shall have served in such a capacity in the two-year period immediately preceding such person's appointment to the board of ethics. (E) No person shall serve as a member of the board of ethics if the person has been a candidate for, or was elected to, public office in the immediately preceding three-year

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period. Filing for an elective office shall constitute a resignation from the board of ethics on the date of filing. (F) Appointees to the board of ethics shall have professional knowledge or expertise in matters of ethics, finance, governance, or the law. (G) All proposed appointments to the board of ethics shall be subject to an education and employment background check as well as a criminal history check. Persons proposed to be appointed to the board of ethics shall execute all releases necessary for the appointing authority to accomplish such checks. If the nominee is determined to have committed a felony, the nomination shall be withdrawn. (2)(A) The initial board of ethics shall be appointed as provided in this paragraph to take office on January 1, 2022, and to serve for the terms prescribed in this paragraph. (B) Not later than December 1, 2021, the members of the initial board of ethics shall be selected as follows:
(i) Five members shall be appointed by the grand jury of Henry County, provided that each such member shall reside in a different commission district than the other members appointed pursuant to this subparagraph; and (ii) Two members shall be appointed by the tax commissioner of Henry County. (C) In addition to the members appointed as provided in subparagraph (B) of this paragraph, there shall be two alternate members who shall serve to ensure a quorum when members of the board are absent, have a conflict of interest, or find it necessary to recuse themselves or while a vacancy exists on the board. The alternates shall be selected by the clerk of the Superior Court of Henry County. (D) The members and alternates shall each serve for terms of three years; provided, however, that the terms of the initial appointees of the grand jury shall be specified at the time of their appointments. One shall serve until December 31, 2022, and until the appointment and qualification of his or her successor, whichever occurs later; one shall serve until December 31, 2023, and until the appointment and qualification of his or her successor, whichever occurs later; and one shall serve until December 31, 2024, and until the appointment and qualification of his or her successor, whichever occurs later. The initial member appointed by the tax commissioner of Henry County shall serve until December 31, 2023, and until the appointment and qualification of his or her successor, whichever occurs later. The initial alternate members appointed by the clerk of the Superior Court of Henry County shall serve the terms specified by the clerk of the superior court at the time of the initial appointments. One shall serve until December 31, 2022, and until the appointment and qualification of his or her successor, whichever occurs later, and one shall serve until December 31, 2024, and until the appointment and qualification of his or her successor, whichever occurs later. (E) Successors to all members and alternates of the board of ethics and future successors shall be appointed by the respective appointing authorities not less than 30 days prior to the expiration of each such member's term of office, and such successors shall take office on January 1 following such appointment and shall serve terms of three

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years and until their respective successors are appointed and qualified. No individual shall be appointed to more than two consecutive terms, provided that the initial terms under this Act shall not be counted in such determination. (F) The clerk of the Superior Court of Henry County shall provide administrative assistance to the grand jury regarding the appointment of board members pursuant to this section. Upon a vacancy occurring or the conclusion of the term of a board member appointed pursuant to division (i) of subparagraph (B) of this paragraph, the clerk of the Superior Court of Henry County shall notify the then sitting grand jury of its duty pursuant to this section. (3) If a member of the board of ethics ceases to be a resident of Henry County, and where applicable the commission district he or she represents, that member's position on the board of ethics, by operation of law, shall become vacant upon the establishment of the fact of such nonresidency, if contested, by a court of competent jurisdiction. A vacancy in the board of ethics shall exist by reason of death, the disability or incapacity of a member for more than 90 days, resignation, or loss of residency as described in this paragraph. A member of the board of ethics may be removed from office during a term if the member becomes ineligible to hold civil office within the meaning of Code Section 45-2-1 of the O.C.G.A. and that ineligibility is established by decision of a court of competent jurisdiction which declares the office vacant because of such ineligibility or for good cause by a majority vote of the board of ethics. The ethics officer shall notify the clerk of the Superior Court of Henry County and the tax commissioner of Henry County of a vacancy upon its occurrence, and such vacancy shall be filled for the unexpired term by the respective appointing authority. (4) The members of the board of ethics shall serve without compensation and shall elect from their own membership a chairperson and otherwise provide for their own internal organization. The board of commissioners shall provide adequate office and meeting space and pay all administrative costs, including those specifically stipulated in this section, pertaining to the operation of the board of ethics. The board of ethics shall be authorized to employ its own staff and clerical personnel and contract for the services of a competent court reporter, an attorney, and a private investigator as it deems necessary. The members of the board of ethics shall have the authority to propose the budget of the board and shall recommend the budget to the board of commissioners, who shall fund it as a priority. In the event that the proposed budget is in excess of $200,000.00, the board of commissioners shall have the authority to authorize the additional funds requested in accordance with standard budgetary procedures and requirements. The board of ethics shall be completely independent and shall not be subject to control or supervision by the chairperson of the board of commissioners, the board of commissioners, or any other official, employee, or agency of the county government. (5) The board of ethics shall have the following duties: (A) To establish procedures, rules, and regulations governing its internal organization and the conduct of its affairs;

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(B) To render advisory opinions with respect to the interpretation and application of this section to all officials or employees who seek advice as to whether a particular course of conduct would constitute a violation of the standards imposed in this section or other applicable ethical standards. Such opinions shall be binding on the board of ethics in any subsequent complaint concerning the official or employee who sought the opinion and acted in good faith, unless material facts were omitted or misstated in the request for the advisory opinion; (C) To prescribe forms for the disclosures required in this section and to make available to the public the information disclosed as provided in this section; (D) To receive and hear complaints of violations of the standards required by this section over which it has personal and subject matter jurisdiction; (E) To make such investigations as it deems necessary to determine whether any official or employee has violated or is about to violate any provisions of this section; and (F) To hold such hearings and make such inquiries as it deems necessary for it to carry out properly its functions and powers. (j) Ethics officer. (1) There is hereby created as a full-time salaried position an ethics officer for Henry County. The ethics officer must be an active member of the State Bar of Georgia in good standing with five years' experience in the practice of law. The ethics officer shall be appointed by a majority of the members of the board of ethics for a period not to exceed six years. Removal of the ethics officer before the expiration of the designated term shall be for cause by a majority vote of the members of the board of ethics. The ethics officer need not be a resident of the county at the time of his or her appointment, but he or she shall reside in Henry County within six months of such appointment and continue to reside therein throughout such appointment. (2) The ethics officer shall not be involved in partisan or nonpartisan political activities or the political affairs of Henry County. (3) The duties of the ethics officer shall include, but not be limited to, the following: (A) Educating and training all county officials and employees to have an awareness and understanding of the mandate for and enforcement of ethical conduct and advising them of the provisions of the code of ethics of Henry County; (B) Meeting with the board of ethics; (C) Advising officials and employees regarding disclosure statements and reviewing the same to ensure full and complete financial reporting; (D) Urging compliance with the code of ethics by calling to the attention of the board of ethics any failure to comply or any issues, including the furnishing of false or misleading information, that the ethics officer believes should be investigated by the board of ethics so that the board of ethics may take such action as it deems appropriate; (E) Monitoring, evaluating, and acting upon information obtained from an ethics hotline, which shall be a county telephone number for the receipt of information about

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ethical violations. Each complaint, as of the time it is reported, whether by telephone or otherwise, shall be deemed to be a separate pending investigation of a complaint against a public officer or employee as provided by Article 4 of Chapter 18 of Title 50 of the O.C.G.A.; (F) Reporting, as appropriate, suspected ethical violations to the board of ethics; (G) Reporting, as appropriate, suspected criminal violations to state or federal law enforcement agencies; and (H) Filing with the board of ethics and the board of commissioners on the first Tuesday of each February a written report describing the activities of the ethics officer in carrying out the goals of his or her office and the code of ethics and reporting on the ethical health of Henry County. (k) Ethics administrator. (1) There is hereby created as a full-time salaried position an ethics administrator for Henry County. The ethics administrator shall be selected by the board of ethics and shall serve at the pleasure of the board. (2) The ethics administrator shall not be involved in partisan or nonpartisan political activities or the political affairs of Henry County. (3) The duties of the ethics administrator shall include, but not be limited to, the following: (A) Maintaining the records of the board of ethics as required by Article 4 of Chapter 18 of Title 50 of the O.C.G.A.; (B) Notifying the subject of a report of any alleged violation of the ethics code, whether the report is anonymous, made by an identified individual, or written. Such notice shall be given in writing to the subject of the complaint at the same time and in the same form that any disclosure of information is required by Article 4 of Chapter 18 of Title 50 of the O.C.G.A.; (C) Notifying the board of ethics of any report of an alleged violation of the ethics code received by the ethics administrator; and (D) Such other duties as may be assigned by the board of ethics. (l) Investigations and hearings. (1) The board of ethics shall conduct investigations into alleged violations of the code of ethics, hold hearings, and issue decisions as prescribed in this subsection. (2) The proceedings and records of the board of ethics shall be open unless otherwise permitted by state law. (3) Upon request of the board of ethics, the Henry County Solicitor or any attorney representing the office of the Henry County Solicitor, or in the event of a conflict any attorney who shall be selected by a majority vote of the board of ethics, shall advise the board of ethics. (4) A complaint may be filed by the ethics officer, any resident, or a group of residents of Henry County by submitting to the ethics administrator a written, verified, and sworn complaint under the penalty of perjury or false swearing. The complaint shall specifically

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identify all provisions of the Henry County code of ethics which the subject of the complaint is alleged to have violated, set forth facts as would be admissible in evidence in a court proceeding, and show affirmatively that the complainant or affiant, if in addition to or different from the complainant, is competent to testify to the matter set forth therein. All documents referenced in the complaint as well as supporting affidavits shall be attached to the complaint. (5) Upon receipt of the complaint, the ethics administrator shall bring the complaint before the board of ethics which shall cause the ethics officer to conduct a preliminary investigation to determine whether it meets the jurisdictional requirements as set forth in this section. Upon the conclusion of the preliminary investigation, the ethics officer shall report his or her findings to the board. If, in the opinion of the board, the complaint fails to meet the jurisdictional requirements as set forth in this section, the board shall direct the ethics officer to notify the person who filed the complaint and such person shall have ten days from the date of notice to correct and refile the complaint with the board. A complaint which fails to satisfy the jurisdictional requirements as established by this section and by the rules and procedures established by the board of ethics shall be dismissed by the board of ethics no later than 30 days after the complaint is filed with the ethics administrator, unless extended by a majority vote of the board of ethics. (6) The ethics officer will report his or her findings and recommendation to the board of ethics and advise whether there is probable cause for belief that the code of ethics has been violated, warranting a formal hearing. If the board of ethics determines, after the preliminary investigation of a complaint by the ethics officer, that there does not exist probable cause for belief that this section has been violated, the board of ethics shall so notify the complainant and the subject of the investigation, and the complaint will be dismissed. If the board of ethics determines, after a preliminary investigation of the complaint by the ethics officer, that there does exist probable cause for belief that this section has been violated, the board of ethics shall give notice to the person involved to attend a hearing to determine whether there has been a violation of this section. (7) For use in proceedings under this section, the board of ethics shall have the power to issue subpoenas to compel any person to appear, give sworn testimony, or produce documentary or other evidence. Any person who fails to respond to such subpoenas may be subjected to the penalties set forth in subsection (m) of this section. (8) All hearings of the board of ethics pursuant to this section shall be as follows:
(A) All testimony shall be under oath, which shall be administered by a member of the board of ethics. Any person who appears before the board of ethics shall have all of the due process rights, privileges, and responsibilities of a witness appearing before the courts of this state. Any person whose name is mentioned during a proceeding of the board of ethics and who may be adversely affected thereby may appear personally before the board of ethics on such person's own behalf or may file a written sworn statement for incorporation into the record to be made part of all proceedings pursuant to this subsection;

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(B) The decision of the board of ethics shall be governed by a preponderance of the evidence standard; and (C) At the conclusion of proceedings concerning an alleged violation, the board of ethics shall immediately begin deliberations on the evidence and proceed to determine by a majority vote of members present whether there has been a violation of this section. The findings of the board of ethics concerning a violation and the record of the proceedings shall be made public by the ethics officer as soon as practicable after the determination has been made. (9) Any investigation or hearing pursuant to this subsection shall be commenced within two years of the date of the alleged violation; provided, however, that any complaint filed against an elected official within 60 days of an election in which such official is a candidate for public office shall not be acted upon until such election is concluded and certified. (10) The county attorney shall be prohibited from appearing before the board of ethics on behalf of any person. (m) Violations; appeals. (1) Any intentional violation of this section, furnishing of false or misleading information to the board of ethics or the ethics officer, failure to follow an opinion rendered by the board of ethics, or failure to comply with a subpoena issued by the board of ethics pursuant to this section shall subject the violator to any one or more of the following: (A) Administrative sanction of not more than $1,000.00 assessed by the board of ethics; (B) Public reprimand by the board of ethics; and (C) Prosecution by the Henry County Solicitor in the magistrate court of Henry County and, upon conviction, a fine of up to $1,000.00 per violation and up to six months' imprisonment whether the official or employee is elected or appointed, paid or unpaid. Nothing in this section shall be interpreted to conflict with state law. An action for violation of this section or the furnishing of false or misleading information or the failure to comply with a subpoena issued by the board of ethics must be brought within two years after the violation is discovered. (2) With regard to violations by persons other than officials or employees, in addition to the remedies in paragraph (1) of this subsection, the board of ethics may recommend to the board of commissioners any one or more of the following: (A) Suspension of a contractor; and (B) Disqualification or debarment from contracting or subcontracting with Henry County. (3) The decision of the board of ethics after a hearing shall be final; provided, however, that such proceeding shall be subject to review by writ of certiorari to the Superior Court of Henry County. The ethics administrator shall be authorized to acknowledge service of any such writ and shall, within the time provided by law, certify and cause to be filed

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with the clerk of the superior court a record of the proceedings before the board of ethics, the decision of the board of ethics, and the notice of the final actions of the board of ethics."

SECTION 3. Said Act is further amended by revising Section 8.2 as follows:

"SECTION 8.2. (a) The Board of Commissioners of Henry County, Georgia, in addition to such power and authority granted to it by local law, general statute, the Constitution of the State of Georgia, or the now existing ordinances of Henry County, Georgia, shall have the power to:
(1) Reject, within 30 days of appointment, the chairperson's appointment of a nonelected individual to serve as county manager and individuals to serve as county clerk and county attorney, provided that any such vote to reject an appointment must be approved by at least four commissioners; (2) Establish the compensation and job description of the county manager and assistant county managers; (3) Establish the compensation and job description of the county clerk and such assistant county clerks as deemed necessary; provided, however, that, in addition to any additional duties and responsibilities, the county clerk shall be the official custodian of records for Henry County and shall keep and maintain the minutes of meetings of the Board of Commissioners of Henry County; (4) Establish the compensation of such attorney or attorneys designated to serve as county attorney and assistant county attorneys who shall serve as legal counsel to the chairperson and the board of commissioners; provided, however, that where there is a conflict between the chairperson and members of the board of commissioners, and unless otherwise provided by the board of commissioners, the Georgia Rules of Professional Conduct for attorneys in Georgia, or order of court, the county attorney shall serve as legal counsel to the board of commissioners. Unless otherwise provided by the board of commissioners, the Georgia Rules of Professional Conduct for attorneys in Georgia, or order of court, the county attorney in all legal proceedings shall serve as the attorney of record for Henry County, Georgia, and the chairperson and the board of commissioners shall serve in their official capacities; (5) Establish personnel policies for the personnel of Henry County government; (6) Appoint, from time to time, one or more individuals to serve as executive assistant to the board of commissioners; (7) Establish the qualifications, compensation, and job description of such executive assistant or assistants; (8) Hire, fire, discipline, suspend, or demote such executive assistant or assistants; and

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(9) Add or remove items from the agenda set by the chairperson of any board of commissioners meeting, provided that at least four commissioners vote to approve the change. (b) The chairperson shall: (1) Serve as the chief executive and elective officer of the county; (2) Serve as a full voting member of the board of commissioners; (3) Serve as presiding officer over meetings of the board of commissioners and shall set the agenda for all meetings of the board of commissioners;
(4)(A) Appoint, subject to rejection of the board of commissioners, and have the authority to fire, discipline, or suspend the county manager, county clerk, and county attorney. (B) In the event that the board of commissioners rejects an appointment made pursuant to subparagraph (A) of this paragraph, the chairperson shall appoint a new officer to serve subject to rejection by the board of commissioners as provided for in paragraph (1) of subsection (a) of this section; (5) Execute documents and instruments on behalf of the county; (6) After consultation with the county manager, submit to the board of commissioners an annual budget for consideration and adoption by the board of commissioners; (7) See that the ordinances, resolutions, and regulations of the board of commissioners and the laws of the state are faithfully executed and enforced; (8) Coordinate intergovernmental activity between the county and municipalities, other counties, other political subdivisions, and state and federal agencies; (9) Either individually or with the other members of the board of commissioners, initiate the assessment of the needs of the county, evaluate county services, and develop the policies of the county; (10) Represent or designate an individual to represent Henry County at ceremonial functions; (11) Have the power to delegate, in writing, administrative duties of the county to the county manager; (12) Approve all expense, reimbursement, or other nonsalary payments to commissioners, provided that if such payment is denied by the chairperson, a majority of the board of commissioners may vote to approve such payment at a regular meeting of the board of commissioners; (13) Unless a specific appointment authority is otherwise provided by state law, appoint a member to any authority, board, or commission established by the board of commissioners; and (14) After consultation with the board of commissioners, approve an annual work plan for the county manager. (c)(1) Except as provided in paragraph (2) of this subsection, the county manager shall have the power to hire, fire, discipline, suspend, or demote any employee of Henry County or delegate such power to one or more nonelected employees. Assistant county

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managers and department heads may be hired, fired, disciplined, suspended, or demoted by the county manager with the approval of the chairperson. Subject to the approval of the chairperson, the county manager shall have the power to establish and change organizational charts for all county departments.
(2)(A) Assistant county clerks may be hired, fired, disciplined, suspended, or demoted by the county clerk. (B) Assistant county attorneys may be hired, fired, disciplined, suspended, or demoted by the county attorney."

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 2021 session of the General Assembly of Georgia a bill to amend an Act to provide for a new Board of Commissioners of Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as amended; and for other purposes. 25171-1/20/2021
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Emanuel Jones, Senator from District 10, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Henry Herald, which is the official organ of Henry County, on the 20th of January, 2021; 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/ EMANUEL JONES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 26th of January, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved March 8, 2021.

__________

CITY OF STONECREST REVISE CHARTER; REVISE DUTIES, POWERS, AND AUTHORITIES OF THE MAYOR, MAYOR PRO TEMPORE, AND CITY COUNCIL; REVISE APPOINTMENT AUTHORITY OF CERTAIN OFFICIALS; REVISE MEMBERSHIP OF CHARTER REVIEW COMMISSION.

No. 11 (Senate Bill No. 21).

AN ACT

To amend an Act to incorporate the City of Stonecrest in DeKalb County, approved April 21, 2016 (Ga. L. 2016, p. 3538), as amended, so as to limit the mayor to voting only in the event of a tie of the council; to provide for term limits; to modify a provision related to elected officials forfeiting office; to provide that the mayor and councilmember serve in a part-time capacity; to modify provisions related to power and authority of the city council; to provide for excused absences by councilmembers from city council meetings; to provide for quorums; to provide powers and duties of the office of mayor pro tempore; to revise the powers and duties of the mayor; to revise procedures for the appointment and removal of the city manager; to revise provisions regarding the mayor and city council's oversight of the city manager; to delineate roles between the mayor, city council, mayor pro tempore, and city manager; to revise provisions for the appointment of the acting city manager, city attorney,

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city clerk, tax collector, finance director, and internal auditor; to bring provisions regarding removal of municipal court judges in line with state law; to revise provisions regarding procurement policies and budget processes; to revise the membership of the charter review commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to incorporate the City of Stonecrest in DeKalb County, approved April 21, 2016 (Ga. L. 2016, p. 3538), as amended, is amended in Section 2.01 by revising subsection (a) and paragraph 1 of subsection (b) as follows:
"(a) The legislative authority of the government of the City of Stonecrest, except as otherwise specifically provided in this charter, shall be vested in a city council, and the city council shall be the governing authority of the city.
(b)(1) The city council of Stonecrest, Georgia, shall consist of the mayor and five voting city councilmembers."

SECTION 2. Said Act is further amended in Section 2.02 by revising subsection (c) as follows:
"(c) No person shall serve more than two consecutive full terms as mayor or as a councilmember. For purposes of this subsection, a person serving a partial term shall not constitute a full term. A person who has served two consecutive full terms as mayor or as a councilmember shall be eligible for the office of mayor or councilmember following the intervening of a full four-year term."

SECTION 3. Said Act is further amended in Section 2.03 by revising paragraph (3) of subsection (a) as follows:
"(3) Failing to attend one-third of the regular meetings of the council in a three-month period, which shall be defined as a quarter of the city's fiscal year, without being excused by a vote of the majority of councilmembers prior to, or after, the absence; provided, however, that absences due to the following shall automatically be excused:
(A) A personal accident, emergency, illness, or injury; (B) An accident, emergency, illness, or injury of an immediate family member; or (C) Obligations arising from the elected official's outside full-time employment. A councilmember unable to attend a meeting due to one or more of the circumstances provided in subparagraphs (A), (B), or (C) of this paragraph shall provide written, electronic, or telephonic notice to the city clerk before the beginning of the meeting, and the city clerk shall notify the remaining councilmembers of the councilmember's excused absence."

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SECTION 4. Said Act is further amended by revising Section 2.07 as follows:

"SECTION 2.07. Compensation and expenses.

The annual salary of the mayor shall be $20,000.00 and the annual salary for each councilmember shall be $15,000.00. Such salaries shall be paid from municipal funds in monthly installments. The mayor shall be provided an annual expense allowance of $5,000.00, and each councilmember shall be provided an annual expense allowance of $3,000.00 for the reimbursement of reasonable expenses actually and necessarily incurred by the mayor and councilmembers in carrying out their duties as elected officials of the city. The mayor and each councilmember shall serve in a part-time capacity."

SECTION 5. Said Act is further amended by revising subsections (a), (b), and (e) of Section 2.09 as follows:
"(a) The city council shall meet on the first working day in January immediately following each regular municipal election. The meeting shall be called to order by the presiding officer, and the oath of office shall be administered to the newly elected mayor and councilmembers collectively by a judicial officer authorized to administer oaths. The oath shall, to the extent that it comports with federal and state law, be as follows:
'I do solemnly swear or affirm that I will faithfully execute the office of [councilmember or mayor, as the case may be] of the City of Stonecrest, and will to the best of my ability support and defend the Constitution of the United States, the Constitution of Georgia, and the charter, ordinances, and regulations of the City of Stonecrest. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of my district and the City of Stonecrest for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interests of the City of Stonecrest to the best of my ability without fear, favor, affection, reward, or expectation thereof.' (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 the mayor pro tempore, who shall serve for a term of two years and until a successor is elected and qualified. The number of successive terms an individual may hold the position of mayor pro tempore shall be two. The mayor pro tempore shall preside over all meetings of the city council and set the agenda for each meeting after receiving input from the

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councilmembers, city manager, the mayor, and the public; provided, however, that additional items shall be added to the agenda upon the written request of any two councilmembers prior to the agenda being published. This shall not preclude items from being added to the agenda during a meeting with the appropriate affirmative vote of a majority of the city councilmembers. The agenda shall be considered to be set when it is published in accordance with the Open Meetings Act." "(e) Special meetings of the city council may be held on the call of either the presiding mayor pro tempore and two councilmembers or three councilmembers. Notice of such special meetings shall be delivered to the mayor pro tempore, all councilmembers, the mayor, and the city manager personally, by registered mail, or by electronic means at least 24 hours in advance of the meeting. Such notice of any special meeting may be waived by the mayor pro tempore, mayor, a councilmember, or the city manager in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice. The notice of such special meeting shall state what business is to be transacted at the special meeting. Only the business stated in the notice may be transacted at the special meeting."

SECTION 6. Said Act is further amended by revising subsection (a) of Section 2.10 as follows:
"(a) Three councilmembers shall constitute a quorum and shall be authorized to transact business for the city council. The mayor shall only be counted toward the making of a quorum. Voting on the adoption of ordinances shall be taken by voice vote and the yeas and nays shall be recorded in the minutes, but on the request of any member there shall be a roll-call vote. In order for any ordinance, resolution, motion, or other action of the city council to be adopted, the measure shall receive at least three affirmative votes and shall receive the affirmative votes of a majority of those voting. No councilmember shall abstain from voting on any matter properly brought before the city council for official action except when such councilmember has a reason which is disclosed in writing prior to or at the meeting and made a part of the minutes. Each councilmember when present at a meeting shall have one vote on all matters brought before the council. The mayor shall only vote in the event of a tie vote of the councilmembers. Any councilmember or the mayor who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and the mayor or such councilmember shall disqualify himself or herself from participating in any discussion, decision, or vote relating thereto."

SECTION 7. Said Act is further amended by adding a new subsection to Section 2.11 to read as follows:
"(c)(1) The city council shall have the power, by ordinance or resolution, to establish oversight, policy, and standing committees of the council. No less than two councilmembers shall be appointed to each committee established pursuant to this

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paragraph. The city council shall appoint members to an oversight or policy committee within 30 days of the council establishing such committee, or such committee shall stand in abeyance until such members are appointed.
(2) The city council may designate an official legal organ for the city. (3) Except for actions brought pursuant to Article IV of this charter, the city council shall have the sole authority to initiate any legal action or lawsuit, whether at law or equity, on behalf of the City of Stonecrest, and any such legal action may only be filed in a court of appropriate jurisdiction upon approval of such by at least four members of the city council. To the extent permitted by general law, nothing herein shall require such approvals to be made in open or public meetings of the city council."

SECTION 8. Said Act is further amended by revising Section 2.12 as follows:

"SECTION 2.12. Administrative and service departments.

(a) Except for the office of city manager and the elected positions provided for in this charter, the city council, by ordinance, may establish, abolish, merge, or consolidate offices not specified in this charter, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city. The city council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance. (c) The appointed officers of the city shall be the:
(1) city manager or acting city manager; (2) city attorney; (3) city clerk; (4) tax collector; (5) finance director; (6) internal auditor; and (7) municipal court judge."

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SECTION 9. Said Act is further amended by revising Section 2.13 as follows:

"SECTION 2.13. Prohibitions.

(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction, or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of the official's judgment or action in the performance of those official duties; (2) Engage in or accept private employment, or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of the official's judgment or action in the performance of those official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which the official is engaged without proper legal authorization or use such information to advance the financial or other private interest of the official or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to the official's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged. As used in this paragraph, the term "valuable" means an amount determined by the city council; provided, however, that the amount shall not exceed $100; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she or any member of his or her immediate family has a private financial interest; or (7) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which the official has a financial interest. (c) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. As used in this subsection, the term "private financial interest" includes the interest of a spouse, child, or significant other or domestic partner. The mayor or any councilmember who has a

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private interest in any matter pending before the city council shall disclose in writing such private interest, such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (d) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit or profit but shall use such property only in their capacity as an officer or employee of the city. (e) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (f) Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or appointive office in the city or otherwise be employed by the city during the term for which that official was elected. No former mayor and no former councilmember shall hold any appointive office in the city until one year after the expiration of the term for which that official was elected.
(g)(1) No appointive officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon qualifying for election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and council either immediately upon election or at any time such conflict may arise. (2) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (3) Any officer or employee of the city who shall forfeit an office or position as described in paragraph (2) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter."

SECTION 10. Said Act is further amended by revising subsections (a) and (b) of Section 2.14 as follows:
"(a) All members of boards, commissions, and authorities of the city shall be residents of the city and appointed by the city council by majority vote for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law.

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(b) No member of any board, commission, or authority of the city shall hold any elective office in the city or DeKalb County. However, the mayor and up to two members of the city council, including the mayor pro tempore, may be appointed by the city council to serve as ex officio members of such boards, commissions, or authorities without a vote for a term expiring December 31 following the date of appointment."

SECTION 11. Said Act is further amended by revising Section 3.01 as follows:

"SECTION 3.01. Powers and duties of the mayor.

(a) The mayor shall: (1) Serve as the ceremonial head of the city and as its official representative to federal, state, and local governmental bodies and officials; (2) Sign as a matter of form, but with no discretion in the matter, all orders, checks, and warrants for payment of money within a level of authorization as established by the city council; (3) Execute as a matter of form, but with no discretion in the matter, all contracts, deeds, and other obligations of the city according to the purchasing guidelines and policies within a level of authorization as established by the city council, provided that the city council may delegate contract signing authority to the city manager to the extent allowed by law; (4) Make appointments as provided by this charter, subject to confirmation by the city council; (5) Serve in a part-time capacity and be compensated accordingly as provided by this charter; (6) Vote only in the event of a tie of the city council; and (7) Perform any other duties and exercise any other powers required by state or federal law or authorized by a duly adopted ordinance that is not in conflict with this charter.
(b) The mayor shall have all of the powers specifically granted to the mayor elsewhere in this charter regardless of whether such powers are enumerated in this section of this charter."

SECTION 12. Said Act is further amended by revising Section 3.02 as follows:

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"SECTION 3.02. City manager; appointment and qualification.

(a) The city manager shall be appointed as provided in subsection (b) of this section, without regard to political beliefs and solely on the basis of his or her education and experience in the accepted competencies and practices of local government management. The city manager need not be a resident of the City of Stonecrest. The city manager shall be a direct employee of the city.
(b)(1)(A) The mayor shall nominate, within 60 days of the occurrence of a vacancy in the office of city manager, subject to confirmation by the city council, an individual to be the city manager. (B) In the event that the mayor needs more than 60 days from the occurrence of a vacancy in the office of city manager to nominate a permanent city manager, the mayor may name, within such 60 day period, an individual to serve as the acting city manager. (2) In the event that the city council does not confirm the mayor's initial nomination, the mayor shall nominate a second individual to be city manager, who shall also be subject to confirmation by the city council. (3) In the event that the city council does not confirm the mayor's second nomination, the mayor pro tempore shall nominate an individual to be city manager who shall also be subject to confirmation by the city council. The mayor pro tempore may offer as many nominations as are needed until the required approval is achieved. (c) Unless otherwise authorized by a majority of the city council, vacancies in the office of city manager must be filled within 90 days of the occurrence of the vacancy. (d) Except for the acting city manager as authorized by this charter, no other position of the city shall be created to assume, execute, or fulfill the duties of the city manager."

SECTION 13. Said Act is further amended by revising Section 3.03 as follows:

"SECTION 3.03. City manager; chief administrative officer; role delineation.

(a) The city manager shall be the chief administrative officer of the government of the city. The city manager shall devote all of his or her working full-time and attention to the affairs of the city and shall be responsible to the mayor and city council for the proper and efficient administration of the affairs of the city over which such officer has jurisdiction. (b) Based upon the firm belief that the proper, efficient, and effective administration and operation of the city's council-manager form of government will be fostered by a clear definition of the roles and responsibilities of the city council, mayor pro tempore, mayor, and city manager, this section states the following principles, which are intended to be fully consistent with this article:

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(1) The full and complete legislative and policymaking authority of the city resides in the part-time city council, mayor pro tempore, and mayor; and the full-time city manager shall take no action which impinges upon or interferes with the city council's or the mayor's policymaking role. Other than providing information relevant and germane to the city council's legislative deliberations, the city manager shall strive to remain a neutral party in such legislative deliberations. To ensure the actuality and appearance of neutrality, neither the city manager nor any department heads shall participate in any political activity on behalf of the mayor, any councilmember, or any candidate for such offices, nor shall the city manager or any department head make any political contribution to the mayor, any councilmember, or any candidate for such offices. The mayor, mayor pro tempore, and councilmembers shall not solicit or accept any campaign contributions from any city employee; (2) The city manager is the full-time chief executive officer of the city, and, as such, all department heads, except those who are appointed by and report to the city council, shall report to the city manager. The mayor, mayor pro tempore, and councilmembers shall observe the management authority of the city manager; (3) Except as otherwise provided in this charter, the mayor, mayor pro tempore, and councilmembers shall not in any manner dictate the appointment or removal of any city administrative officers or employees whom the city manager or any of his or her subordinates are empowered to appoint; (4) Except for the purpose of conducting an investigation or inquiry authorized by the city council pursuant to Section 3.12 of this charter, the mayor, mayor pro tempore, and councilmembers shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the mayor nor any councilmembers shall give orders to any such officers or employees, either publicly or privately; (5) The mayor, mayor pro tempore, and city council shall not give directives to any city officers or employees, other than the city manager or officers appointed by the city council, regarding any matters including, but not limited to, constituent complaints and complaints regarding the services, operation, or administration of any department or function of city government. Although the mayor, mayor pro tempore, and city council shall not be prohibited from communicating with city officers or employees with constituent complaints or concerns, the city manager must be copied on all such communications; (6) The mayor, mayor pro tempore, and councilmembers, unless acting pursuant to a duly authorized investigation or inquiry, shall not discuss in open session the performance of or complaints against any city officer or employee during a city council meeting. This provision is not intended to prevent the mayor, mayor pro tempore, or city council from discussing, in general terms, the performance of or any issue relating to any department or function of city government;

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(7) It shall be prohibited for the mayor, mayor pro tempore, or any councilmember to sit in on personnel and management meetings between the city manager and city employees unless such participation is consented to by the city manager and approved by the city council; (8) The mayor shall have no management authority or responsibility with respect to the operations and administration of city government; and (9) The mayor, mayor pro tempore, and councilmembers, as elected officials, shall possess fundamental oversight duties and responsibilities with respect to all operations and administration of city government, and the city manager shall be responsible and duty bound to facilitate the mayor and city council's oversight function. Once the city council has passed the operating and capital budgets of the city, it shall be the responsibility of the city manager to administer such budgets and to keep the mayor, mayor pro tempore, and city council fully informed as to the city's progress against such budgets. The city manager shall provide monthly financial updates on the budgets with year to date information, and such updates shall contain all material information necessary for the mayor and city council to evaluate the financial performance and condition of the city. However, once the city council has appropriated funds in the budget and encumbered such funds through subsequent legislative action, the city manager shall have the authority to administer such budget, including contract administration and account payables, as part of the management function."

SECTION 14. Said Act is further amended by revising paragraphs (4), (13), and (14) of Section 3.04 and adding a new paragraph to read as follows:
"(3) Remove employees appointed and employed under paragraph (2) of this section, without the consent of the city council but must give notice to the city council prior to but not later than the next regular scheduled council meeting;" "(13) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; (14) Perform such other duties as may be prescribed by this charter or required by ordinance or resolution of the city council; and (15) With the approval of the city council, transfer appropriations within a department, fund, service, strategy, or organizational unit."

SECTION 15. Said Act is further amended by revising Section 3.05 as follows:

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"SECTION 3.05. City council interference with administration.

Except for the purpose of inquiries and investigations under Section 2.08 of this charter or as provided in Sections 3.01 and 3.03 of this charter, neither the mayor, mayor pro tempore, nor any councilmembers shall interfere with the performance of services by or give orders to any such officer or employee, either publicly or privately."

SECTION 16. Said Act is further amended by revising Section 3.06 as follows:

"SECTION 3.06. City manager; removal.

(a) The city manager may be removed from office in accordance with the following procedures:
(1) The city council by resolution by affirmative vote of a majority of all its members may remove the city manager from office after a suspension of the city manager from duty for a period not to exceed 45 days. A copy of such resolution of the city council shall be delivered promptly to the city manager; (2) Within five days after a copy of such resolution is delivered to the city manager, he or she may file with the city council a written request for a public hearing and a reconsideration of the removal. This hearing shall be held at a city council meeting especially set for such purpose not earlier than 15 days nor later than 30 days after the request is filed. The city manager may file with the city council a written reply to the removal not later than five days before the hearing; and (3) If the city manager either (i) does not request a public hearing and a reconsideration of the removal five days from the date when a copy of such proclamation or resolution was delivered to the city manager; or, (ii) if after the conclusion of the public hearing requested by the city manager for reconsideration of the removal, the city council does not pass a resolution either reversing the action or rescinding its resolution of removal, the city manager's removal shall be effective as of such date without further action by the city council. (b) Unless the resolution of removal of the city manager is rescinded by majority of the members of the city council at the public hearing held at the request of the city manager pursuant to this section, the city manager shall continue to receive his or her salary until the effective date of his or her removal. (c) If the city manager is suspended in accordance with subsection (a) of this section or becomes disabled and is unable to carry out the duties of the office or if the city manager dies, the acting city manager shall perform the duties of the city manager until the city manager's disability is removed or until the city manager is replaced. Removal of the city

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manager because of disability shall be carried out in accordance with the provisions of subsection (a) of this section. (d) The mayor shall be authorized to propose a resolution to the city council seeking the removal of the city manager, but if the city council rejects such resolution, the mayor shall not propose another such resolution for a period of 180 days."

SECTION 17. Said Act is further amended by revising Section 3.07 as follows:

"SECTION 3.07. Acting city manager.

(a) The mayor with the approval of the city council may appoint, within 30 days of the temporary absence, any person to exercise all powers, duties, and functions of the city manager during the city manager's suspension under subsection (a) of Section 3.06 of this charter, temporary absence from the city, or during the city manager's disability. The acting city manager shall be a direct employee of the city. (b) In the event of a vacancy in the office of city manager, the mayor may designate, within 60 days of the vacancy and with the approval of the city council, a person as acting city manager, who shall exercise all powers, duties, and functions of the city manager until a city manager is appointed. The office of the city manager shall not go unfilled for longer than 90 days unless a resolution is passed by the city council to extend the time to fill the position."

SECTION 18. Said Act is further amended by revising Sections 3.08 through 3.12 as follows:

"SECTION 3.08. City attorney.

(a) The city council shall appoint the city attorney together with such assistant city attorneys or special city attorneys as may be deemed appropriate. The mayor, mayor pro tempore, or any councilmember may nominate such attorneys for appointment by the city council. The city council shall provide for the payment of such attorneys for services rendered to the city. The rates or salary paid to any city attorney or assistant city attorney shall be approved in advance by the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, other officers, and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of his or her position as city attorney. The city attorney shall review all

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contracts of the city but shall not have the power to bind the city unless authorized by resolution of the city council. (b) In a conflict between the mayor and the city council, the city attorney shall engage separate outside firms to represent the interest of the city council and the mayor, respectively. Notwithstanding any law or ordinance to the contrary, the city attorney shall not represent the interests of the city council or the mayor against the other. Unless the litigation allegations specify individual wrongdoing by an individual member of the city council or the mayor, the outside firm shall be able to represent the entity rather than the individual, and separate attorneys for the individuals of the city council shall not be necessary.

SECTION 3.09. City clerk.

The city council shall appoint the city clerk, and the mayor, mayor pro tempore, or any councilmember may nominate individuals for appointment by the city council. The city clerk shall keep a journal of the proceedings of the city council, to maintain in a safe place all records and documents pertaining to the affairs of the city, and to perform such duties as may be required by law or ordinance or as the city council or city manager may direct. The city clerk shall be a direct employee of the city.

SECTION 3.10. Tax collector.

The city council may appoint a tax collector, and the mayor, mayor pro tempore, or any councilmember may nominate individuals for appointment by the city council. The tax collector, if appointed, shall collect all taxes, licenses, fees, and other moneys belonging to the city, subject to the provisions of this charter and the ordinances of the city; and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.

SECTION 3.11. City finance director.

The city council may appoint a city finance director to perform duties of accounting and finance management. The mayor, mayor pro tempore, or any councilmember may nominate individuals for appointment by the city council. The finance director shall be a direct employee of the city.

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SECTION 3.12. City internal auditor.

The city council shall appoint an internal auditor to audit the financial records and expenditures of city funds and to report the results of such audits in writing to the city council at times and intervals set by the city council, but no less than quarterly. Such audit reports shall, at a minimum, identify all city expenditures and other financial matters that the internal auditor either determines are not in compliance with or cannot conclusively be determined to be in compliance with:
(1) The provisions of this charter; (2) The applicable city budget; and (3) Applicable ordinances, resolutions, policies, or other actions duly adopted or approved under the provisions of this charter. The internal auditor shall be a direct employee of the city."

SECTION 19. Said Act is further amended by revising subsection (b) of Section 4.02 as follows:
"(b) The judge, or judge pro tempore, shall serve for a term of four years but may be removed as provided by general law."

SECTION 20. Said Act is further amended by revising subsections (a), (b), and (c) of Section 5.03 as follows:
"(a) On or before a date fixed by the city council, but no later than the first day of the eleventh month of the fiscal year currently ending, the city manager shall, after input, review, and comment by the mayor, submit to the city council a proposed operating budget and capital budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor and city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as they may deem pertinent. The operating budget, capital budget, the budget message, and all supporting documents shall be filed in the office of the city manager and shall be open to public inspection. (b) Beginning in the third year of the city's operation, the city manager is required to present to the city council a budget which is balanced in projected spending and revenues. (c) Prior to passage of the budget, in accordance with O.C.G.A 36-81-5 (f), the city council shall hold a special public hearing at least one week prior to the meeting at which adoption of the budget will be considered. The budget will be presented, and public comment on the budget will be solicited. The date, time, and place of the special public hearing shall be announced no less than 15 days prior to the scheduled date for such hearing."

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SECTION 21. Said Act is further amended by revising Section 5.04 as follows:

"SECTION 5.04. Action by city council on budget.

(a) The city council may amend the operating budget or capital budget or other budgets for funds, services, strategies and/or organizational units proposed by the city manager in accordance with subsection (a) of Section 5.03 of this charter, except that the budget, as finally amended and adopted, shall provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year; and the total appropriations from any fund shall not exceed the estimated fund balances, reserves, and revenues constituting the fund availability of such fund. (b) The city council shall adopt a budget by the end of the fiscal year currently ending. In accordance with O.C.G.A. 1-3-1(d)(3), if the end of the fiscal year currently ending falls on a Saturday or Sunday, the city council shall have through the following Monday to adopt a budget. If the city council fails to adopt the budget by the prescribed deadline, the operating budget and capital budget proposed by the mayor and city manager shall be adopted without further action by the city council."

SECTION 22. Said Act is further amended by revising Section 5.05 as follows:

"SECTION 5.05. Procurement and property management.

No contract with the city shall be binding on the city unless it is in writing. The city council may adopt procedures for the authorization of certain contracts without city council approval. Absent the foregoing, no contract with the city shall be binding on the city unless:
(1) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (2) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings."

SECTION 23. Said Act is further amended by revising Section 6.05 as follows:

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"SECTION 6.05. Charter commission.

No later than five years after the inception of the City of Stonecrest, the mayor and the city council shall call for a charter commission to review the city's experience and recommend to the General Assembly any changes to the charter. Members of the charter commission shall be appointed as follows: one by the mayor, one by each member of the city council, and one member appointed by a vote of the members of the Georgia House of Representatives and one member voted by the members of the Georgia Senate whose districts lie wholly or partially within the corporate boundaries of the City of Stonecrest. All members of the charter commission shall reside in the City of Stonecrest except those representing the Georgia House of Representative and the Georgia Senate. Neither the city council not the mayor shall appoint themselves to serve as members of the commission. The city attorney may serve as ex officio member of the commission with approval by the city council. The commission shall complete the recommendations within the time frame required by the city council."

SECTION 24. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to amend an ++Act to incorporate the City of Stonecrest in DeKalb County++, approved April 21, 2016 (Ga. L. 2016, p. 3538), as amended; 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 17th of December, 2020; 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/ EMANUEL JONES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 26th of January, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved April 1, 2021.

__________

HENRY COUNTY BOARD OF COMMISSIONERS; VACANCIES; REVISE APPOINTMENTS.

No. 12 (Senate Bill No. 306).

AN ACT

To amend an Act to provide for a new Board of Commissioners of Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as amended, so as to revise provisions regarding vacancies on 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:

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SECTION 1. An Act to provide for a new Board of Commissioners of Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as amended, is amended in subsection (c) of Section 3 by adding a new paragraph to read as follows:
"(4) In the event that a majority of the board does not vote to appoint a person to fill a vacancy within the time provided for in this subsection, the chairperson shall then immediately appoint a qualified person from the list of nominations provided pursuant to this subsection to fill such vacancy."

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 2021 session of the General Assembly of Georgia a bill to amend an Act to provide for a new Board of Commissioners of Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Emanuel Jones, Senator from District 10, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Henry Herald, which is the official organ of Henry County, on the 20th of January, 2021; 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/ EMANUEL JONES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 18th of March, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved April 1, 2021.

__________

SPALDING COUNTY BOARD OF ELECTIONS; REVISE BOARD COMPOSITION; PROVIDE FOR QUALIFICATIONS AND LIMITATIONS ON ELECTION SUPERVISOR AND EMPLOYEES; COUNTY ATTORNEY AS LEGAL ADVISER.

No. 15 (House Bill No. 769).

AN ACT

To amend an Act to provide a board of elections for Spalding County, approved March 19, 1987 (Ga. L. 1987, p. 4432), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4311), so as to revise the composition of the board; to provide for the termination of the term of the present fifth member; to provide for the appointment of a new fifth member; to provide for terms of office; to provide for the duties and requirements of the board; to provide for an elections supervisor and employees; to provide for qualifications and limitations on the election supervisor and employees; to provide for the county attorney to serve as legal adviser and represent the board; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. An Act to amend an Act to provide a board of elections for Spalding County, approved March 19, 1987 (Ga. L. 1987, p. 4432), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4311), is amended by revising Section 2 as follows:

"SECTION 2. (a) The board of elections and registration shall be composed of five members, each of whom shall be at least 21 years of age and an elector of Spalding County and each of whom shall be appointed as provided in this Act. Two members shall be appointed by the chairperson of the county executive committee of the political party whose candidates at the last preceding general election received the largest number of votes in this state for members of the General Assembly. Two members shall be appointed by the chairperson of the county executive committee of the political party whose candidates at such election received the next largest number of votes. Each of the appointments by the political parties shall be made and certified as follows: The member shall be nominated by the chairperson and ratified by the county executive committee of each of the above-designated political parties at least 40 days before the beginning of the term of office, or within 40 days after the creation of a vacancy in the office, and the certification of the appointment of each member shall be made by the executive committee filing an affidavit with the clerk of the superior court no later than 30 days preceding the date at 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. (b) The fifth member of the board shall be selected and appointed by the vote of a majority of the judges of the Superior Court of Spalding County. The selection and appointment of the fifth member of the board shall be made at least 30 days before the beginning of his or her term of office, or within 30 days after the creation of a vacancy in the office, and certification of the appointment of such member shall be made by the filing of an order by the chief judge of the superior court with the clerk of superior court no later than 20 days preceding the date on which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly selected and appointed as provided in this Act. (c) If the appointment of any such member of the board of elections and registration appointed by the political parties is not made and certified as provided in this Act, such member shall be appointed forthwith by the governing authority of Spalding County and, within five days after such appointment, certification thereof shall be made by any member of the governing authority filing an affidavit with the clerk of superior court stating the name and residential address of the person appointed and certifying that such member has been duly selected and appointed as provided in this Act."

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

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"SECTION 5. (a) The members of the board appointed by political parties in office on the effective date of this section shall serve out the terms to which they were elected. Successors shall be appointed for terms of four years and until their respective successors are duly appointed and qualified. Terms of office of board members appointed by the political parties shall begin on the first day of January following the expiration of their immediately preceding terms of office. (b) The term of the member selected by the other members of the board shall terminate on the effective date of this section. The initial member appointed by the judges of the superior court shall then take office not later than July 1, 2021, and shall serve an initial term ending on January 1, 2025, and until a successor is appointed and qualified. Successors to such fifth member shall be appointed and take office on July 1 immediately following the expiration of their immediately preceding terms of office and shall serve four-year terms of office and until their successors are appointed and qualified; provided, however, that such fifth member shall be subject to removal at any time for cause by a majority of the superior court judges of Spalding County after notice and hearing. (c) The board shall select one of its members to serve as chairperson of the board for a term of two years, beginning on the first day of January of each odd-numbered year and until a successor is duly selected and qualified. The chairperson shall be the chief executive officer of the board and the board may, at its pleasure, specify his or her powers and duties; and, if so specified, the effective date of any revocation or decrease of such powers and duties shall be after the expiration of the current term of office of such chairman. The board may appoint such other officers to serve at the pleasure of the board and may specify their duties, powers, and authority as the board, from time to time, may deem proper."

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

"SECTION 9. (a) The board of elections and registration shall:
(1) With regard to the preparation for, conduct, and administration of primaries and elections, succeed to and exercise all duties and powers granted to and incumbent upon the judge of the probate court pursuant to Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code'; (2) With regard to voter registration, succeed to and exercise all duties and powers granted to and incumbent upon the board of registrars pursuant to Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code'; (3) Formulate, adopt, and promulgate rules and regulations, consistent with law, governing the conduct of primaries and elections and voter registration; and

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(4) Always strive to achieve openness, confidence, and integrity in their actions and to ensure the confidence of the public in the voter registration and elections process and the results of elections in Spalding County. (b) The board shall comply fully with the provisions of Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings, and Article 4 of Chapter 18 of the O.C.G.A., relating to open records. The board shall ensure that the public has adequate access to its meetings. The board shall provide notices of its meetings and meeting agendas on the county website and by posting in a prominent public place in its offices at least one week before a regular meeting and at least 24 hours in advance of a special or emergency meeting. Such notices shall include the date, time, and location of such meetings and show the date and time at which the notice was posted. (c) The regular minutes of a meeting subject to this section shall be promptly recorded and such records shall be open to public inspection once approved as official by the board, but in no case later than immediately following its next regular meeting; provided, however, that nothing contained in this section shall prohibit the earlier release of minutes, whether approved by the board or not. Such minutes shall, at a minimum, include the names of the members present at the meeting, a description of each motion or other proposal made, the identity of the persons making and seconding the motion or other proposal, and a record of all votes. The name of each person voting for or against a proposal shall be recorded. It shall be presumed that the action taken was approved by each person in attendance unless the minutes reflect the name of the persons voting against the proposal or abstaining. Once approved, such minutes shall be signed and show the approval date. (d) Neither the board nor its employees shall conduct voter registration or voter outreach drives. The board may conduct educational events on voter registration and to demonstrate how to vote on the election equipment being used by the county. (e) The board shall be responsible for training or causing to be trained all employees of the board and all poll workers in election laws and procedures. (f) The board shall annually develop and submit to the county governing authority a budget for its operations. (g) For the security of its staff and to provide public confidence in the voter registration and elections process, the board shall ensure that security cameras are placed in its offices and that such cameras operate 24 hours a day. The video feeds from such cameras shall be recorded and such recordings shall be maintained for 12 months following the date of recording."

SECTION 4. Said Act is further amended by revising Section 12 as follows:

"SECTION 12. (a) There shall be an administrative director, to be known as the elections supervisor, to administer and supervise the conduct of elections, primaries, and registration of electors

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for the county who shall serve at the pleasure of the board. The board shall act to appoint such administrative director or elections supervisor within 60 days of the effective date of this section, or of the date of any vacancy in such position. Such elections supervisor shall be a legal resident of and registered to vote in Spalding County and shall remain a legal resident of and a registered elector of Spalding County while serving as elections supervisor. (b) The elections supervisor shall be a full-time employee and shall not have any other employment while in such position. The elections supervisor shall be an employee of Spalding County and shall be entitled to all benefits available to other employees. (c) Compensation for the elections supervisor shall be set by the board consistent with the budget of the board approved by the governing authority of Spalding County. Such compensation shall be paid wholly from county funds. (d) The board shall be authorized to employ such full-time and part-time employees as the board shall deem necessary consistent with the budget of the board approved by the governing authority of Spalding County. All such employees shall be legal residents of and registered to vote in Spalding County and shall remain legal residents of and registered electors of Spalding County while employed by the board. (e) No person who holds an elective public office shall be eligible to serve as elections supervisor or as an employee of the board of elections during the term of his or her elective office, and the position of elections supervisor or any employee of the board shall be deemed vacant upon such person qualifying as a candidate in any primary or election for public office. No person shall be eligible to serve as elections supervisor or employee of the board of elections while holding any public office to which he or she was appointed or while he or she is a salaried employee of the governing authority of Spalding County or of any municipality within the county or of any board of education or commission, board, or authority appointed by the governing authority of the county or any municipality within the county."

SECTION 5. Said Act is further amended by revising Section 14 as follows:

"SECTION 14. (a) The governing authority of Spalding County shall provide the board with such proper and suitable offices, furniture, and equipment as the governing authority shall deem appropriate. (b) The county attorney shall be the legal adviser to the board and represent the board in all matters. The board shall not have the authority to hire any other legal counsel. If the county attorney has a conflict of interest, the board of commissioners of the county shall provide an attorney to represent the board of elections and registration."

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

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to amend an Act to provide for a board of elections for Spalding County, approved March 19, 1987 (Ga. L. 1987, p. 4432), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4311), and for other purposes.
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 Griffin Daily News, which is the official organ of Spalding County, on the 5th of February, 2021; 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

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 15th of March, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved April 13, 2021.

__________

CHATHAM COUNTY BUILDING AND FACILITIES AUTHORITY CREATE AND ESTABLISH.

No. 24 (House Bill No. 749).

AN ACT

To create and establish the Chatham County Building and Facilities Authority; to provide that the authority is a body corporate and politic and an instrumentality of the State of Georgia; to authorize the authority to acquire, construct, equip, maintain, and operate certain projects, including buildings and facilities for use by Chatham County or any municipality or political subdivision within Chatham County for its governmental, proprietary, and administrative functions; to provide for members of the authority and their terms, organization, and reimbursement; to provide for vacancies; to provide for definitions; to confer powers and impose duties on the authority; to grant limitations to the authority; to authorize the authority to enter into contracts and leases pertaining to uses of such facilities, which contracts and leases may obligate the lessees to make payment for the use of the facilities for the term thereof and to pledge for that purpose money derived from taxation; to provide that no debt of Chatham County or the State of Georgia shall be incurred by the exercise of any of the powers granted; to authorize the issuance of revenue bonds of the authority payable from the revenues, rents, and earnings and other functions of the authority; to authorize the collecting and pledging of such revenues, rents, and earnings for the payment of such bonds; to authorize the adoption of resolutions and the execution of trust indentures to secure the payment of such bonds and to define the rights of the holders of such bonds; to provide for a sinking fund; to make the bonds of the authority exempt from taxation; to authorize the issuance of refunding bonds; to provide for the validation of such bonds and to fix the venue for jurisdiction of actions relating to any provision of this Act; to provide

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that property acquired by the authority is for public purposes; to provide for immunity and exemption from liability for torts and negligence; to provide that the property of the authority shall not be subject to levy and sale; to provide that certain moneys are trust funds; to provide for liberal construction of Act; to define the scope of the authority's operation; to provide for disposition of property upon authority dissolution; to provide for severability; to provide for 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 "Chatham County Building and Facilities Authority Act."

SECTION 2. Chatham County Building and Facilities Authority.

There is created a public body corporate and politic to be known as the Chatham County Building and Facilities Authority which shall be an instrumentality and a public corporation of the State of Georgia, the purpose of which shall be to acquire, construct, equip, maintain, and operate certain projects for use by Chatham County or any municipality or other political subdivision within Chatham County for its governmental, proprietary, public, and administrative functions. The authority shall not be a state institution, nor a department or agency of the state, but shall be an instrumentality of the state, a mere creation of the state, being a distinct corporate entity and being exempt from the provisions of Article 2 of Chapter 17 of Title 50 of the O.C.G.A., the "Georgia State Financing and Investment Commission Act." The authority shall have its principal office in Chatham County, and its legal situs or residence for the purposes of this chapter shall be Chatham County.

SECTION 3. Membership.

The authority shall consist of five members who shall be eligible to succeed themselves and who shall be elected by the Board of Commissioners of Chatham County. No more than two members of the authority may be members of said board of commissioners. Any member of the authority who is a member of said board of commissioners shall serve for a term of office concurrent with such person's term of office as a member of the board of commissioners. Each member of the authority who is not a member of said board of commissioners shall serve for a term of office of three years, except for the initial terms of office of those members first appointed to the authority pursuant to this Act, whose initial

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terms shall be specified at the time of appointment so as one member serves one year, one member serves two years, and one member serves three years. Members of the authority shall serve until their successors are appointed and qualified. Successors to such members shall be appointed as the original members were appointed, as provided herein, and any vacancies shall be filled by the appointing authority, as provided herein, for the unexpired term. Immediately after their appointment, the members of the authority shall enter upon their duties. A majority of the members of the authority shall constitute a quorum, and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority and, in every instance, a majority vote of a quorum shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds. The authority shall elect one of its number as chairperson and another of its number as vice chairperson. The secretary-treasurer of the authority shall be appointed by the authority and need not be a member of the authority. The members of the authority shall not be entitled to compensation for their services but shall be entitled to and shall be reimbursed for the actual expenses necessarily incurred in the performance of their duties. The authority shall promulgate 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 4. Definitions.

As used herein, the following words and terms shall have the following meanings unless a different meaning clearly appears from the context:
(1) "Authority" shall mean the Chatham County Building and Facilities Authority created by this Act. (2) "Board of commissioners" shall mean the Board of Commissioners of Chatham County. (3) "Cost of project" shall include the cost of lands, buildings, improvements, machinery, equipment, property, easements, rights, franchises, material, labor, services acquired or contracted for, plans and specification, financing charges, construction costs, interest prior to and during construction; architectural, accounting, engineering, inspection, administrative, fiscal, and legal expenses; expenses incident to determining the feasibility or practicability of the project; and expenses incident to the acquiring, constructing, equipping, and operating of any project or any part thereof, and to the placing of the same in operation. (4) "Project" shall mean and include real and personal property acquired or held by the authority, including all land, buildings, structures, sanitary and surface water sewers, storm water management projects, historic preservation projects, and other public property determined by the authority to be desirable for the efficient operation of any department,

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board, office, commission, or agency of Chatham County, any municipality or other political subdivision within Chatham County, or of the State of Georgia, in the performance of its governmental, proprietary, and administrative functions. (5) "Revenue bonds" shall mean revenue bonds issued under the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," or under the provisions of this Act. The obligations authorized under this Act may be issued by the authority in the manner authorized under the "Revenue Bond Law."

SECTION 5. Powers.

The authority shall have all 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:
(1) To sue and be sued; (2) To adopt and alter a corporate seal; (3) To make and execute with public and private persons and corporations contracts, trusts, leases, rental agreements, and other instruments relating to its projects and in furtherance of the purposes of the authority, including contracts for constructing, renting, and leasing of its projects for the use of any county or municipality in this state; (4) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by gift, grant, lease, or otherwise, real and personal property necessary or convenient for its corporate purposes, or rights and easements therein, 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. Title to any such property shall be held by the authority exclusively for the benefit of the public. (5) To improve, extend, add to, reconstruct, renovate, or remodel any project or part thereof already acquired; (6) To pledge or assign any revenues, income, rent, charges, and fees received by the authority; (7) To appoint and select agents, engineers, architects, attorneys, fiscal agents, accountants, and employees and to provide for their compensation and duties; (8) To construct, reconstruct, acquire, own, alter, repair, remodel, maintain, extend, improve, operate, manage, and equip projects located on land owned or leased by the authority; (9) To receive, accept, and use any contributions, loans, or grants by persons, firms, or corporations, including the State of Georgia and the United States of America or any agency or instrumentality thereof, and any other contributions; (10) To pay all or part of the costs of any project from the proceeds of revenue bonds of the authority or from other lawful sources available to it;

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(11) To prescribe rules and regulations for the operation of and to exercise police powers over the projects managed or operated by the authority; (12) To accept, receive, and administer gifts, grants, loans and devises of money, material, and property of any kind, including loans and grants from the State of Georgia or the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the State of Georgia or the United States of America or such agency or instrumentality may impose; (13) To sell, lease, exchange, transfer, assign, pledge, mortgage, dispose of, grant in trust, or grant options for any real or personal property or interest therein in furtherance of the purposes of the authority; (14) As security for repayment of authority obligations, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property, real or personal, of such authority and to execute any trust agreement, indenture, or security agreement containing any provisions not in conflict with law, which trust agreement, indenture, or security agreement may provide for foreclosure or forced sale of any property of the authority upon default, on such obligations, either in payment of principal or interest or in the performance of any term or condition, as are contained in such agreement or indenture; (15) To borrow money for any of its corporate purposes, to issue revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (16) To exercise all powers usually possessed by private corporations performing similar functions which are not in conflict with the Constitution and laws of this state; and (17) Pursuant to proper resolution of the authority, to issue revenue bonds payable from the rents and revenues of the authority and its projects, which bonds may be issued in either fully negotiable coupon form, in which event they shall have all the qualities and incidents of negotiable instruments under the laws of this state, or they may be issued in whole or in part in nonnegotiable fully registered form without coupons, payable to a designated payee or to the registered assigns of the payee with such conversion privileges as the authority may provide, for the purpose of paying all or any part of the cost associated with the projects authorized by the authority, including the cost of constructing, reconstructing, equipping, extending, adding to, or improving such projects, or for the purpose of refunding, as herein provided, any such bonds of the authority theretofore issued. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds were issued, the surplus shall be paid into the fund provided for the payment of principal and interest on such bonds. All such revenue bonds shall be issued and validated under and in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and in accordance with all terms and provisions thereof not in conflict herewith and in accordance with Code Section 50-17-1 of the O.C.G.A., relating to use of facsimile signatures on public securities authorized, and, as security for the payment of any revenue bonds so authorized, any rents and revenue of the authority may be pledged and assigned. Such bonds are declared to be issued for an

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essential public and governmental purpose, and such bonds and all income therefrom shall be exempt from all taxation within the State of Georgia. For the purpose of the exemption from taxation of such bonds and the income therefrom, the authority shall be deemed to be a political subdivision of the State of Georgia.

SECTION 6. Credit not pledged and debt not created by bonds.

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 Chatham County; but such bonds shall be payable from the rentals, revenue, earnings, and funds of the authority as provided in the resolution, trust agreement, or indenture authorizing the issuance and securing the payment of such bonds. The issuance of such bonds shall not directly, indirectly, or contingently obligate the state or said county to levy or 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 or of said county, 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.

SECTION 7. Trust agreement.

In the discretion of the authority, any issue of revenue bonds may be secured by an agreement or indenture made by the authority with a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without this state. Such trust agreement or indenture may pledge and assign rents, fees, charges, revenues, and earnings to be received by the authority. The resolution providing for the issuance of revenue bonds and such trust agreements or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver upon default of the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rents, fees, charges, or revenues for use of the project or projects necessary to pay all costs of operation and all reserves provided for, all principal and interest on all bonds of the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the authority. Such resolution and such trust agreement or indenture may include covenants setting forth the duties of the authority in relation to the acquisition of property for and construction of the project and to the custody, safeguarding, and application of all funds and covenants providing for the operation, maintenance, repair, and insurance of the project or projects and may contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. Such trust agreement or indenture may set forth the

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rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in securing bonds and debentures of corporations and may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such trust.

SECTION 8. Refunding bonds.

The authority is authorized to provide by resolution for the issuance of revenue bonds of the authority for the purpose of calling, refunding, or refinancing any revenue bonds issued under the provisions hereof and then outstanding and to include in the amount of such refunding bonds all interest and any call premiums that may be required for the redemption and refunding of such outstanding bonds.

SECTION 9. Venue of actions, jurisdiction.

Any action to protect or enforce any rights under the provisions hereof or any action against the authority brought in the courts of the State of Georgia shall be brought in the Superior Court of Chatham County; and any action pertaining to validation of any bonds issued under the provisions hereof shall be brought in said court, which shall have exclusive, original jurisdiction of such actions.

SECTION 10. Revenue bond validation.

The petition for validation of all revenue bonds of the authority shall be brought against the authority, and any contracting party whose obligation is pledged as security for the payment of the bonds sought to be validated, as defendants, and the defendants shall be required to show cause, if any exists, as to why such contract or contracts and the terms and conditions thereof shall not be adjudicated to be in all respects valid and binding upon such contracting parties. It shall be incumbent upon such defendants to defend against adjudication of the validity and binding effect of such contract or contracts or be forever bound thereby. Notice of such proceedings shall be included in the notice of the validation hearing required to be issued and published by the clerk of the Superior Court of Chatham County in which court such validation proceedings shall be initiated.

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SECTION 11. Interest of bondholders protected.

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

SECTION 12. Revenues, earnings, rents, and charges; use.

(a) For the purpose of earning sufficient revenue to make possible the financing of the construction of the project or projects of the authority with revenue bonds, the authority is authorized and empowered to fix, revise, and collect rents, fees, and charges on each project which it shall cause to be acquired or constructed. Such rents, fees, or charges to be paid for the use of such project or projects shall be so fixed and adjusted as to provide a fund sufficient with other revenue, if any, of such project or projects or of the authority to:
(1) Pay the cost of operating, maintaining, and repairing the project or projects, including reserves for insurance and extraordinary repairs and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof, unless such cost shall be otherwise provided for; (2) Pay the principal of and interest on such revenue bonds as the same shall become due, including call premium, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects; (3) Comply with any sinking fund requirements contained in the resolution or trust agreement or indenture pertaining to the issuance of and security for such bonds; (4) Perform fully all provisions of such resolution and trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rent is pledged; (5) Accumulate any excess income which may be required by the purchasers of such bonds or may be dictated by the requirements of such resolution, trust agreement, or indenture, or of achieving ready marketability of and low interest rates on such bonds; and (6) Pay any expenses in connection with such bond issue or of such project or projects, including but not limited to trustees', attorneys', and fiscal agents' fees. (b) Such rent shall be payable at such intervals as may be agreed upon and set forth in the rental contract or lease providing therefor, and any such contract or lease may provide for the commencement of rent payments to the authority prior to the completion of the undertaking by the authority of any such project and may provide for the payment of rent during such times as such project or projects may be partially or wholly untenantable.

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(c) Such rental contract or lease may obligate the tenants or lessees to operate, maintain, and keep in good repair, including complete reconstruction, if necessary, the rented or leased premises and projects, regardless of the cause of the necessity of such maintenance, repair, or reconstruction. (d) Such rental contract or lease may obligate the tenants or lessees to indemnify and save harmless the authority from any and all damage to persons and property occurring on or by reason of the leased property or improvements thereon and to undertake, at the expense of the tenants or lessees, the defense of any action brought against the authority by reason of injury or damages to persons or property occurring on or by reason of the leased premises. (e) In the event of any failure or refusal on the part of the tenants or lessees to perform punctually any covenant or obligation contained in any such rental contract or lease, the authority may enforce performance by any legal or equitable process against the tenants or lessees. (f) The authority shall be permitted to assign any rent payable to it, pursuant to such rental contract or lease, to a trustee or paying agent as may be required by the terms of the resolution or trust agreement or indenture relating to the issuance of and security for such bonds. (g) The use and disposition of the authority's revenue shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, securing the same.

SECTION 13. Sinking fund.

The revenue, rents, and earnings derived from any particular project or projects and any and all revenue, rents, and earnings received by the authority, regardless of whether such revenue, rents, and earnings were produced by a particular project for which bonds have been issued, unless otherwise pledged, may be pledged by the authority to payment of the principal of and interest on revenue bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument and which may be pledged to and charged with the payment of the interest upon such revenue bonds as such interest shall become due, the principal of the bonds as the same shall mature, the necessary charges of any trustee or paying agent for paying such principal and interest, and any premium upon bonds retired by call or purchase. The use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the issuance of the bonds or in the trust instrument securing the payment of the same.

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SECTION 14. Property acquired for public purpose.

The exercise of the powers conferred upon the authority hereunder shall constitute an essential governmental function for a public purpose, and to the extent permitted by the general laws of this state, 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 or other improvements erected or acquired by it or any fees, rents, or other charges for the use of such property or buildings or improvements or other income received by the authority. Nothing herein provided shall include an exemption from sales and use tax on property purchased by or for the use of the authority.

SECTION 15. Immunity from tort actions.

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 work of the authority, shall have the same immunity and exemption from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The authority may be sued the same as private corporations on any contractual obligation of the authority.

SECTION 16. Property not subject to levy and sale.

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

SECTION 17. Trust funds.

All funds received pursuant to authority of Section 12, whether as proceeds from the sale of revenue bonds or as revenue, rents, fees, charges, or other earnings or as grants, gifts, or other contributions, shall be deemed to be trust funds to be held and applied by the authority, solely as provided herein. The bondholders entitled to receive the benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust instrument of the authority.

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SECTION 18. Construction.

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

SECTION 19. Scope of operations.

The projects of the authority's operation shall be located in the territory embraced within the jurisdictional limits of Chatham County as the same now or may hereafter exist.

SECTION 20. Conveyance of property upon dissolution.

Should the authority for any reason be dissolved after full payment of all bonded indebtedness incurred hereunder, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the authority at the time of such dissolution shall be conveyed to Chatham County. The title to any such property may be conveyed prior to such dissolution in accordance with provisions which may be made therefor in any resolution or trust instrument relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance.

SECTION 21. Effect of partial invalidity of Act.

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 such 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. It is the express intention of this Act to enact each provision of this Act independently of any other provision hereof.

SECTION 22. 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 2021 session of the General Assembly of Georgia a bill to create the Chatham County Building and Facilities Authority; and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Carl Gilliard, Representative from District 162, 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 28th of February, 2021; 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/ CARL GILLIARD Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of March, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

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Approved April 21, 2021.

__________

CHATHAM COUNTY LEGISLATIVE GANG PREVENTION AND INTERVENTION COMMISSION CREATE.

No. 25 (House Bill No. 750).

AN ACT

To create the Chatham County Legislative Gang Prevention and Intervention Commission; to provide for membership; to provide for powers, duties, and objectives; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. There is hereby created the Chatham County Legislative Gang Prevention and Intervention Commission. The commission shall submit an annual report recommending strategic, coordinated, and collaborative efforts between educational institutions and community and social services organizations for the implementation and maintenance of programs and initiatives designed to prevent and intervene in criminal gang participation by youth in Chatham County. Such report shall be submitted to the Chatham County legislative delegation, which shall be composed of all senators and representatives in the General Assembly whose districts are wholly or partially in Chatham County, and the governing authority of Chatham County and each municipality located within such county no later than January 1 of each calendar year.

SECTION 2. (a) The Chatham County Legislative Gang Prevention and Intervention Commission shall consist of the following members:
(1) One citizen of unincorporated Chatham County appointed by the Chatham County legislative delegation; (2) One citizen of each municipality in Chatham County appointed by the Chatham County legislative delegation; (3) The sheriff of Chatham County, or his or her designee; and (4) The police chief of any county or municipal police department operating in Chatham County, or the designee of such police chief. (b) Members shall each be appointed for a term of two years and no member may serve more than two consecutive terms. All vacancies shall be filled for the unexpired term by an appointee of the original appointing official.

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(c) The commission shall hold regular meetings at such times and such places as it may deem necessary or convenient, to accomplish the objectives and purposes of this chapter. Special meetings may be called by the chairperson or a majority of the members of the commission. (d) A quorum for transacting business shall be determined by the members of the commission. (e) Members shall serve without compensation; provided, however, that any legislative member shall receive the allowances authorized by law for legislative members of interim legislative committees and any members who are state employees shall be reimbursed for expenses incurred by them in the same manner as they are reimbursed for expenses in their capacities as state employees.

SECTION 3. The Chatham County Legislative Gang Prevention and Intervention Commission shall have the following objectives:
(1) To submit an annual report recommending a plan for strategic, coordinated, and collaborative efforts between educational institutions and community and social services organizations for the purpose of preventing and intervening in criminal gang participation by youth in Chatham County; and (2) To provide informational resources, strategic guidance, research, and best practices to social services and community organizations in the implementation of programs and initiatives designed to prevent and intervene in criminal gang participation by youth in Chatham County.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to create the Chatham County Legislative Gang Prevention and Intervention Commission; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Carl Gilliard, Representative from District 162, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached.

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(2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Savannah Morning News, which is the official organ of Chatham County, on the 28th of February, 2021; 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/ CARL GILLIARD Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of March, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved April 21, 2021.

__________

TOWN OF THUNDERBOLT HOTEL/MOTEL TAX.

No. 26 (House Bill No. 759).

AN ACT

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

SECTION 2. The enactment of this Act is subsequent to the adoption of a resolution by the governing authority of the Town of Thunderbolt on March 23, 2021, 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 Town of Thunderbolt:
(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 Town of Thunderbolt or by such other entity already authorized to administer tourism funds pursuant to existing contract as specified in paragraph (2) of subsection (e) of Code Section 48-13-51 of the O.C.G.A.; and (2) 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.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to authorize the governing authority of the Town of Thunderbolt to levy on 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, Jesse Petrea, Representative from District 166, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (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 5th of March, 2021; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ JESSE PETREA Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 11th of March, 2021, Before me:

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

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My Commission Expires December 2, 2022 [SEAL]

Approved April 21, 2021.

__________

TOWN OF MOUNT AIRY NEW CHARTER.

No. 33 (House Bill No. 157).

AN ACT

To provide a new charter for the Town of Mount Airy; to provide for incorporation, boundaries, and powers of the town; to provide for the exercise of powers and limitations on powers; to provide for a governing authority of such town and the powers, duties, authority, prohibitions, election, terms, removal from office, method of filling vacancies, compensation, expenses, and qualifications; to provide for conflict of interest and holding other offices; to provide for inquiries and investigations; to provide for organization and meeting procedures; to provide for ordinances; to provide for eminent domain; to provide for codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for a veto; to provide for a mayor pro tempore; to provide for a town manager; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a town attorney, town clerk, and other personnel; to provide for a comprehensive land use plan; to provide for the establishment of a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation, permits, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for contracting and purchasing; to provide for sale of town property; to provide for bonds for officials; to provide for pending matters; to provide for definitions and construction; to provide for severability; to provide for related matters; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I. INCORPORATION AND POWERS
SECTION 1.10. Incorporation.

The Town of Mount Airy in Habersham County is reincorporated by the enactment of this charter and is constituted and declared a body politic and corporate under the name of the

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Town of Mount Airy. References in this charter to "the town" or "this town" refer to the Town of Mount Airy. The town shall have perpetual existence. The legal situs of the town shall be Habersham County.

SECTION 1.11. Corporate boundaries.

(a) The boundaries of the town shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. Such boundaries shall specifically include, but not be limited to, the territory outlined in an Act approved February 9, 2005 (Ga. L. 2005, p. 3506). The boundaries of the town at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the town clerk and to be designated, as the case may be: "Official Map or Description of the Corporate Limits of the Town of Mount Airy, Georgia." Photographic, typed, or other copies of such map or description certified by the town clerk shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. (b) The town council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace but such earlier maps shall be retained in the office of the town clerk.

SECTION 1.12. Powers and construction.

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

SECTION 1.13. Examples of powers.

(a) The powers of the town shall include, but not be limited to, the following powers: (1) Air and Water Pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the town;

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(2) Animal Regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (3) Appropriations and Expenditures. To make appropriations for the support of the government of the town; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the town; (4) Building Regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, fire safety, electrical, gas, and heating and air conditioning codes and other similar technical codes; and to regulate all housing, and building trades; (5) Business Regulation and Taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A.; or other such applicable laws as are or may thereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any town taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the town, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the town, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the town; (9) Environmental Protection. To protect and preserve the natural resources, environment, and vital areas of the town, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of storm water and establishment of a storm water utility, the management of solid and hazardous waste, the management of commercial waste, and other necessary actions for the protection of the environment; (10) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire-fighting; and to prescribe penalties and punishment for violations thereof; (11) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be

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necessary in the operation of the town from all individuals, firms, and corporations residing in or doing business therein and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges to provide that said fees may be based upon the availability of the service as opposed to user fees; (12) General Health, Safety, and Welfare. To define, regulate, and prohibit any act, practice, conduct or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the town, and to provide for the enforcement of such standards; (13) Gifts. To accept or refuse gifts, donations, bequests, or grants from a source for any purpose related to powers and duties of the town and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (14) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (15) Jail Sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the town, to provide for commitment of such persons to any jail, to provide for the use of pretrial diversion and any alternative sentencing allowed by law, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (16) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the town; (17) Municipal Agencies and Delegation of Power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the town, including but not limited to any housing authority, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (18) Municipal Debts. To appropriate and borrow money for the payment of debts to the town and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia, or the laws of the United States of America; (19) Municipal Property Ownership. To acquire, dispose of, lease, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the municipal limits of the town; (20) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the town, and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (21) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, storm water management, gas works, electric light plants, cable television

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and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same; (22) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (23) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (24) Planning and Zoning. To provide comprehensive town planning for development by zoning; and to provide subdivision regulation and the like as the town council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (25) Police and Fire Protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a firefighting agency; (26) Public Hazards: Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (27) Public Improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the town; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (28) Public Peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (29) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial; (30) Public Utilities and Services. To grant franchises or make contracts for, or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission, or other applicable state laws of Georgia; (31) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the town; and to prescribe penalties and punishment for violation of such ordinances; (32) Retirement. To have the option to provide and maintain a retirement plan and other employee benefit plans and programs for elected officials, officers, and employees of the town;

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(33) Roadways. To lay out, open, extend, widen, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the town; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so. All roads existing within municipal boundaries prior to the passage of this charter shall be a minimum of 30 feet in width, unless otherwise specifically stated. All roads constructed within municipal boundaries subsequent to the passage of this charter shall be a minimum of 40 feet in width, unless otherwise specifically stated. (34) Sewer Fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connect fee or fees to those connected with the system; (35) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to have the option to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items; (36) Special Areas of Public Regulation. To regulate or prohibit junk dealers and the manufacture and sale of intoxicating liquors; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment; to regulate the treatment of commercial waste or septage, or both, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and tax professional fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores and other adult entertainment to certain areas; (37) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (38) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (39) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law; (40) Taxicabs, Ride Share Network Services, Transportation Referral Services, and Transportation Referral Service Providers. To the extent permitted by general law, to regulate and license vehicles operated for hire in the town; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance

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on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; and to regulate and license ride share network services, transportation referral services, and transportation referral service providers to the extent allowed by general law; and (41) Urban Redevelopment. To organize and operate an urban redevelopment program. (b) The town shall also have the power to exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the town and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.14. Exercise of powers.

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

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

(a) The governing authority of the town, except as otherwise specifically provided in this charter, shall be vested in a town council to be composed of a mayor and five councilmembers. (b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of this town for 12 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the town during said period of service and shall be registered and qualified to vote in municipal elections of this town.

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SECTION 2.11. Elections.

(a) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of the town shall be eligible to qualify as voters in the election. (b) All elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." Except as otherwise provided by this charter, the town council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the "Georgia Election Code." The town may choose to contract with the Habersham County Board of Elections to coordinate, organize, advertise, conduct, and operate any election for the Town of Mount Airy. (c) The mayor and councilmembers who are in office on the effective date of this Act shall serve out the terms of office to which they were elected and until their successors are elected and qualified. (d) The mayor and five councilmembers shall be elected at large by the voters of the town.
(e)(1) On the Tuesday next following the first Monday in November 2021, and on such day quadrennially thereafter, there shall be elected a mayor and two councilmembers. (2) On the Tuesday next following the first Monday in November 2023 and on such day quadrennially thereafter, there shall be elected three councilmembers. (3) The terms of office of the mayor and councilmembers elected pursuant to this section shall begin at the time of taking the oath of office as provided in Section 2.21.

SECTION 2.12. Vacancies in office.

(a)(1) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (2) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the town council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, the town council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that if such vacancy occurs within 12 months of the expiration of the term of that office, the town council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

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SECTION 2.13. Nonpartisan elections.

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

SECTION 2.14. Election by plurality.

(a) The candidate receiving a plurality of the votes cast for any town office shall be elected. (b) Any runoff elections required by law shall be held and conducted in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

SECTION 2.15. Compensation and expenses.

Compensation of the mayor and town council shall be as provided by ordinance. Any such ordinance may provide for compensation for attending meetings or the carrying out duties in an official capacity representing the town, either as a single designated representative or as a group of two or more councilmembers, for the town at multi-agency, town, county, state, or regional meetings and training. Such ordinance may also provide for reimbursement of expenses actual and necessary incurred. The town council shall be authorized to change their compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A.

SECTION 2.16. Prohibitions.

(a) No elected official, appointed officer, or employee of the town or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair the independence of his or her judgment or action in the performance of his or her official duties; (3) Disclose confidential information, including information obtained at closed meetings pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government,

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or affairs of the governmental body by which he or she is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this town or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the town shall disclose such private interest to the town council. The mayor or any councilmember who has a private interest in any matter pending before the town council shall disclose such private interest and such disclosure shall be entered on the records of the town council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity in which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the town or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the town council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the town council. (e) Except as authorized by law, no member of the town council shall hold any other elective town office or other town employment during the term for which he or she was elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act.

SECTION 2.17. Removal of officers.

(a) The mayor, a councilmember, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office;

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(2) Conviction of a crime that is a felony or a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating Section 2.16 or any other express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of the entire remaining councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the town council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the town council to the Superior Court of Habersham County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Habersham County following a hearing on a complaint seeking such removal brought by a resident of the Town of Mount Airy.

SECTION 2.18. Exercise of powers.

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

SECTION 2.19. Inquiries and investigations.

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

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SECTION 2.20. General power and authority of the town council.

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

SECTION 2.21. Organization meeting.

The town council shall meet for organization on the second Monday in January of each year or as soon thereafter as practical. The meeting shall be called to order by either the mayor, mayor pro tempore, or the most senior councilmember who is not being sworn in and the oath of office shall be administered by the town clerk, or a judicial officer authorized to administer oaths, to the newly elected members as follows:
"I do solemnly swear (or affirm) that I will well and faithfully perform the duties of a town councilmember (or mayor) of the Town of Mount Airy, Georgia to the best of my skill and ability 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 without favor or affection. I will adopt such measures, rules, and regulations as in my judgment shall be best calculated to promote the welfare of the inhabitants of said town, without prejudice, so help me God."

SECTION 2.22. Regular and special meetings.

(a) The town council shall hold regular meetings at such times and places as prescribed by ordinance or resolution. (b) In instances of unforeseen circumstances, councilmembers are allowed to attend meetings by telephone or video conferencing but be limited to only one regularly scheduled meeting annually, unless accompanied by a physician's written excuse. (c) Special meetings of the town council may be held on call of the mayor or two councilmembers. Notice of such special meetings shall be served on all other members personally verbally or in writing, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if all town council members are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Except where waiver by all members is effected by their presence or in writing, only the business stated in the call may be transacted at the special meeting.

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(d) All meetings of the town council shall be public to the extent required by general state law and notice to the public of all meetings shall be made as required by general state law.

SECTION 2.23. Rules of procedure.

(a) The town council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping minutes of its proceedings according to general state law, and which shall be a public record. (b) All committees and committee chairperson and officers of the town council shall be appointed by the mayor with council approval. The town council, by a majority vote, shall have the power to remove members of any committee and the power to appoint new members to any committee, at any time, within the town council's discretion.

SECTION 2.24. Quorum; voting.

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

SECTION 2.25. Ordinance form; procedure; notice and reading.

(a) Every proposed ordinance shall be introduced in writing and must be finalized at the time of its second reading for final adoption. The ordinance shall not contain a subject not expressed in the title, and it shall include the following enacting clause: "It is hereby ordained by the governing authority of the Town of Mount Airy..." (b) An ordinance may be introduced by any councilmember. Before an ordinance can be voted on, it must be introduced for its first reading and voted on at one meeting, either regular or special, and passed to be moved on to the second meeting, either regular or special, for its second reading and adoption.

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(c) Upon passage, all ordinances shall be signed by the mayor, or mayor pro tempore if he or she is presiding, and the town clerk. (d) Failure to comply with the technical requirements of this section shall not invalidate an ordinance if the intention of the governing authority that the ordinance be effective is evident.

SECTION 2.26. Actions having force and effect of law.

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

SECTION 2.27. Emergencies.

To meet a public emergency affecting life, health, property, or public peace, the town council may convene on call of the mayor or two councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes, grant, renew, or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except for loans to be repaid within 30 days. Any emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it is adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.

SECTION 2.28. Codes of technical regulations.

(a) The town council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally. (b) Copies of any adopted code of technical regulations shall be made available by the town clerk for distribution or for purchase at a reasonable price.

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SECTION 2.29. Signing; authenticating; recording; compilation; printing.

(a) The town clerk shall authenticate by his or her signature and record in full in a properly indexed book or record kept for the purpose all ordinances and resolutions adopted by the town council. (b) The town council shall provide for the preparation of a general compilation of all of the ordinances and resolutions of the town having the force and effect of law. The general compilation shall be adopted by the town council and shall be published as soon as is practicable, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the town council may specify. This compilation shall be known and cited officially as "The Official Code of the Town of Mount Airy, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the town and made available for purchase by the public at a reasonable price as fixed by the town council. (c) The town council shall cause each ordinance and each amendment to this charter to be published as soon as is practicable following its adoption, and the published ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the town council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the compilation currently in effect and shall be suitable in form for incorporation therein. The town council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

SECTION 2.30. Chief executive officer; delegation of powers.

The mayor shall be the chief executive officer of the town. The mayor shall possess all of the executive powers granted to the town under the Constitution and laws of the State of Georgia, and all the executive powers contained in this charter, except as otherwise specifically provided in this charter. The mayor shall have the authority to delegate any one or more executive powers to a person or persons employed by the town and qualified in management and administration. The mayor may, but is not required to, recommend an officer whose title shall be town manager and who if appointed shall be the head of the administrative branch of the town government on a daily basis. If the mayor recommends a town manager, the town manager shall be appointed by the town council. As chief executive officer, the mayor will supervise the town manager, if appointed, and the town manager shall administratively handle the operations of the town on a daily basis. If a town

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manager is not appointed, the mayor shall be directly responsible for ensuring the daily administrative operation of the town is conducted pursuant to law and this charter.

SECTION 2.31. Powers and duties of mayor.

As the chief executive officer of this town, the mayor shall: (1) Supervise the town manager, if appointed, and all departments to see that all laws, resolutions, and ordinances of the town are faithfully executed; (2) Review and approve the appointment or removal of any officers, department heads, and employees of the town except as otherwise provided for in this charter; (3) Exercise supervision over all executive and administrative work of the town and provide for the coordination of administrative activities; (4) Exercise supervision over the town manager's, if appointed, and finance director's preparation and submission to the town council a recommended annual operating budget and recommended capital budget; (5) Insure that the town manager, if appointed, or finance director shall submit to the town council at least quarterly a statement covering the financial conditions of the town and from time to time such other information as the town council may request; (6) Prepare and set each town council meeting's agenda; (7) Preside over all meetings of the town council; (8) Call special meetings of the town council as provided for in Section 2.22; (9) Participate in the discussion of all matters brought before the town council and vote on such matters only in the case of a tie vote; (10) Recommend to the town council such measures relative to the affairs of the town, improvement of the government, and promotion of the welfare of its inhabitants as it may deem expedient; (11) Approve or disapprove ordinances as provided in Section 2.32; (12) Require any department or agency of the town to submit written reports whenever deemed expedient; (13) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the town which by law are required to be in writing; (14) Perform the duties of town manager, without additional compensation, should that office be vacant for any reason; (15) Perform such other duties as may be required by general state law, this charter, or ordinance; and (16) Perform such other duties that provide oversight for all departments to remain in compliance with all town, state, and federal mandates and regulations.

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SECTION 2.32. Submission of ordinances and resolutions to the mayor; veto power.

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

SECTION 2.33. Mayor pro tempore.

The town council at the first regular meeting in January of each year shall elect from its membership a mayor pro tempore for a term of one year. In the event that no decision is reached at such first regular meeting, the town council shall elect from its membership, within ten days following such meeting, the mayor pro tempore; otherwise, the current mayor pro tempore will continue for another year. The mayor pro tempore shall perform the duties of the mayor during the mayor's absence or inability to act and shall fill out any unexpired term in the office of mayor, in which case a new mayor pro tempore shall be elected by majority vote of the town council.

SECTION 2.34. Town manager and acting town manager.

(a)(1) The mayor may, but is not obligated to, recommend an officer whose title shall be town manager and who shall, if appointed, be the head of the administrative branch of the

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town government on a daily basis. The town manager, if recommended by the mayor, shall be appointed by the town council on the basis of qualifications for the position as such with special reference to actual experience in and knowledge of the duties of the office as hereinafter prescribed. (2) If appointed, the town manager shall:
(A) Have received a bachelor's degree as a minimum educational requirement or, in lieu thereof, a minimum of ten years experience in a town in an executive supervisory capacity; (B) Serve at the pleasure of the town council; and (C) Receive such salary as the town council may fix. (3) Should the mayor or town council not fill the office of town manager for any reason, including but not limited to choosing not to have a town manager or should the office be vacant for any reason, then the mayor shall be responsible for ensuring the daily administrative operation of the town is conducted pursuant to law and this charter. (b) Acting town manager. By letter filed with the town clerk, the mayor shall designate a qualified administrative officer, or designate himself or herself, to execute the powers and perform the duties of the town manager during the town manager's temporary absence or disability.

SECTION 2.35. Powers and duties of town manager.

(a) If appointed, the town manager shall be responsible to the mayor for the proper administration of all affairs of the town. As chief administrator, the town manager shall have the power to recommend appointment and removal of any officers, department heads, and employees in the administrative service of the town except the town engineer, town attorney, town auditor, and the municipal judge; and these officers shall be administratively responsible to the town manager, except the town engineer, town attorney, town auditor, and the municipal judge who shall be appointed or removed by the mayor and subject to the confirmation by the town council unless otherwise provided by law. The mayor as determined in his or her discretion can modify any personnel decision made by the town manager. It shall be the duty of the town manager to supervise the administration of the affairs of the town; to see that the ordinances, resolutions, and regulations of the town council and the laws of the state are faithfully executed and enforced; to make such recommendations to the town council concerning the affairs of the town as he or she shall deem expedient; to keep the town council advised of the financial condition and future financial needs of the town; to attend all meetings of the town council; and to prepare and to submit to the town council such reports as may be deemed expedient or as may be required by the town council. The town manager shall perform such other functions as assigned by the mayor; provided, however, that remuneration shall not exceed the amount of salary fixed in Section 2.34.

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(b) The town manager shall be designated and given authority to delegate duties as the purchasing agent and the personnel officer of the Town of Mount Airy. The town manager shall have responsibility for preparing and implementing the budget following budgetary review and adoption by the town council in a regular meeting. All department heads employed by the town shall be administratively accountable to the town manager. All appointed officers or other agents employed by the legislative body shall be administratively communicative with the town manager.

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

(a) Except as otherwise provided in this charter, the town council, by ordinance or resolution as appropriate, shall prescribe the functions or duties of and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the town as necessary for the proper administration of the affairs and government of this town. (b) Except as otherwise provided by this charter or general state law or federal law, the directors of departments and other appointed officers of the town shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance or resolution, as appropriate. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the town manager and mayor, be responsible for the administration and direction of the affairs and operation of his or her department or agency. (e) All appointive officers and directors under the supervision of the town manager, if appointed, or to the mayor if a town manager is not appointed, shall be nominated by the town manager, or in the absence of an appointed town manager the mayor, with confirmation of appointment by the town council. All appointive officers and directors shall be employees at-will and subject to removal or suspension at any time by the town manager with approval by the mayor, or if no town manager is appointed by the mayor, or otherwise provided by law or ordinance.

SECTION 3.11. Boards, commissions, and authorities.

(a) The town council shall create by ordinance or resolution as appropriate such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative functions as the town council deems necessary and shall by ordinance or resolution as appropriate establish the composition, period of existence, duties, and powers thereof.

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(b) All members of boards, commissions, and authorities of the town shall be appointed by the town council for such terms of office and in such manner as shall be provided by ordinance or resolution as appropriate, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or general state law. (c) The town council, by ordinance or resolution as appropriate, may provide the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as specifically authorized by general law or authorized by the town council, no member of any board, commission, or authority shall hold any elective office in the town. (e) Any vacancy on a board, commission, or authority of the town shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter, by general law, or by resolution. (f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the town clerk an oath obligating himself or herself to perform faithfully and impartially the duties of his or her office, such oath to be prescribed by ordinance or resolution as appropriate and administered by the mayor. (g) Any member of the board, commission, or authority may be removed from office for any reason by a majority vote of the town council. (h) Except as otherwise provided by this charter or by general state law, each board, commission, or authority of the town shall elect one of its members as chairperson and one member as vice-chairperson and one member as secretary. Each board, commission, or authority of the town government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the town, or general state law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs and which are approved by the town council, copies of which shall be filed with the town clerk.

SECTION 3.12. Town attorney.

(a) The mayor, subject to the approval of the town council, shall appoint a town attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for a minimum of five years. The town attorney shall serve at the pleasure of the town council. (b) It shall be the duty of the town attorney to serve as legal advisor to the mayor, town council, town manager, and other town officials with respect to the affairs of the town; to draw proposed ordinances when requested to do so; to inspect and determine the legality and form of all agreements, contracts, franchises, and other instruments with which the town may be concerned; to attend meetings of the town council upon request of the town council; and to perform such other duties as may be required by virtue of the position of town attorney. The compensation of the town attorney shall be set by the town council.

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(c) The town attorney is not a public official and does not take an oath of office. The town attorney shall at all times be an independent contractor, and a law firm, rather than an individual, may be designated as town attorney.

SECTION 3.13. Town clerk.

(a) The town council shall appoint an officer who shall perform the duties of the town clerk, and shall not be a member of the town council. The town clerk shall keep a journal of the proceedings of the town council, maintain a safe place for all records and documents pertaining to the affairs of the town, and perform such other duties as may be required by law or as the mayor and town council may approve in a regular meeting. (b) Generally, the town clerk is administratively responsible to the town manager and mayor. The town clerk is responsible for completing administrative duties such as gathering information, reports, minutes and performing other clerical duties for the purpose of providing the mayor and council with information needed to make decisions in the best interest of the town. (c) The town clerk shall direct and supervise the work of personnel involved in performing utility billing, property tax collection, and accounts receivable. (d) The town clerk shall collect all taxes, fees, and other monies owed to the town, subject to applicable provisions of this charter, ordinances, or state law. (e) The town clerk shall also enforce all laws and town ordinances related to the collection of delinquent taxes and the sale or foreclosure for nonpayment of taxes and other indebtedness to the town. (f) The town clerk is also designated as the ex officio sheriff for the town so as to enable such officer to do all things required by the town charter, and state law as to the collection of town taxes, including, but not limited to, conducting levies and sales under tax executions and collecting all costs, penalties, interest, and permissible charges associated with any actions taken in such capacity. (g) The town clerk shall be designated as the town's record custodian and ensures that all records are properly maintained in accordance to the established records retention policy as adopted by the town council.

SECTION 3.14. Personnel policies.

The town council may adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan; (3) Hours of work, vacation, sick leave and other leaves of absence, overtime pay, retirement, and the manner in which layoffs shall be effected;

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(4) Instituting civil service regulations for employees and, as to which, personnel decisions of the town manager, mayor, and town council would be subject; (5) Such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the Town of Mount Airy; and (6) Notwithstanding the foregoing, all employees and personnel of the town are at-will employees, unless the town council enters into a written employment contract or creates by ordinance a personnel system providing for removal of employees only for cause.

SECTION 3.15. Comprehensive land use plan.

A comprehensive land use plan shall be adopted by the town council and official updates to this plan shall be made as provided by general state law.

ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.

There shall be a court to be known as the Mount Airy Municipal Court.

SECTION 4.11. Chief judge; associate judge.

(a) The municipal court shall be presided over by a chief municipal judge and such part-time, full-time, or stand-by associate judges as shall be provided by resolution. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she shall have attained the age of 25 years, is a member in good standing of the State Bar of Georgia, and meets any qualifications established by general law. No other officers of the Town of Mount Airy may serve as the chief municipal judge. All judges shall be appointed and removed as provided by general law. Upon the effective date of this charter, the present presiding chief municipal judge may be eligible to continue holding office subject to the approval of the mayor with approval of the council. (c) Compensation of the judges shall be fixed by resolution of the town council. (d) Before entering on the duties of his or her office, each judge not presently serving at the time of enactment of the charter shall take an oath given by the mayor that he or she will honestly and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be similar in form as set out in Section 2.21 and shall be entered upon the minutes of the town council.

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SECTION 4.12. Clerk of municipal court.

The mayor, or if one is appointed the town manager, shall appoint, in consultation with the chief municipal judge, a municipal employee to serve as the clerk of the municipal court. The clerk of the municipal court shall attend all hearings and be responsible for all records of said municipal court.

SECTION 4.13. Convening.

The municipal court shall be convened at regular intervals as designated by procedure set by the town council.

SECTION 4.14. Jurisdiction; power.

(a) The municipal court shall try and punish violations of all town ordinances and such violations of state law allowed to be tried in municipal court under the general laws of the State of Georgia. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed the amount as allowed by state law. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine or imprisonment permissible by state law. A fine levied by the municipal court shall not be subject to suspension, stay, or probation except that, if the fine will impose an economic hardship on the defendant, the judge of the municipal court, in his or her sole discretion, may order the defendant to pay such fine in installments or under an order of probation, and such order may be enforced through a contempt proceeding. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operations/enforcement and shall be entitled to reimbursement of the cost of jail fees, administrative and/or processing fees, technology fees, and court costs for violations of municipal and state law. An assessment for such fees shall be in addition to any fines or statutory fees, or both, assessed. An assessment for court costs shall not exceed amounts allowed by state law. Additionally, the town may assess technology fees not to exceed an amount allowed by state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time. In the event that cash or property is accepted in lieu of bond for

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security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the town, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes. (f) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated and a jury trial is requested. (g) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party, to enforce obedience to its orders, judgments, and sentences, and to administer such oaths as are necessary. (h) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by an officer as authorized by this charter or by general state law. All judges of the municipal court and the clerk of the municipal court are authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the town or as to violations of state law. A fee not to exceed state law is permissible. (i) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of this town granted by general state laws to municipal courts, mayor's, recorder's, and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.

SECTION 4.15. Certiorari.

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

SECTION 4.16. Rules for court.

With the approval of the town council, the judge shall have the full power and authority to make reasonable rules and regulations necessary to secure the proper administration of the municipal court and to require the prosecution by a prosecuting officer or by a town council appointed solicitor; provided, however, that the town council may adopt in part or in whole the rules and regulations for procedure in the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted shall be filed with the town clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings.

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SECTION 4.17. Probation.

The Mount Airy Municipal Court may establish rules and regulations to allow those convicted of ordinances or violations of state law to serve their sentence pursuant to such terms of probation as may be set by the municipal judge. The municipal court may establish or contract for probation services as determined are necessary for the proper operation of the court by the municipal judge and as approved by the town council.

ARTICLE V FINANCE
SECTION 5.10. Property tax.

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

SECTION 5.11. Millage rate; due dates; payment methods.

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

SECTION 5.12. Occupation and business taxes.

The town council, by ordinance, shall have the power to levy such occupation or business taxes as authorized by general state law. Such taxes may be levied on both individuals and corporations who transact business in this town or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this town to be so taxed. The town council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in Section 5.18.

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SECTION 5.13. Licenses; permits, fees.

The town council, by ordinance, shall have the power to require any individuals or corporations who transact business in this town or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the town and pay a reasonable fee for such license or permit where such activities are not now regulated by general state law in such a way as to preclude town regulation. Any fee charged shall be a reflection of the cost to the town to regulate the business. Such fees, if unpaid, shall be collected as provided in Section 5.18. The town council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates.

SECTION 5.14. Franchises.

The town council shall have the power to grant franchises for the use of the town's street and alleys for the purposes of railroads, street railways, telephone companies, electric companies, and other similar organizations. The town council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises. The town council shall have the right to set franchise fees as to state franchises as allowed by the general laws of the State of Georgia.

SECTION 5.15. Services charges.

The town council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for law enforcement, fire, emergency, water, zoning, sewer, sanitary, health services, and any other services rendered within and without the corporate limits of the town, or as to providing the availability of said services, or both. If unpaid, such charges shall be collected as provided in Section 5.18.

SECTION 5.16. Special assessments.

The town council, by ordinance, shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 5.18.

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SECTION 5.17. Construction; other taxes.

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

SECTION 5.18. Collection of delinquent taxes and fees.

The town council, by ordinance, may provide generally for the collection of delinquent taxes, fees, charges, or other revenue due the town by whatever reasonable means as are not precluded by general state law, including but not limited to the termination of town services such as water or sewer, or both. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi.fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking town licenses for failure to pay any town taxes or fees, allowing exceptions for hardship, and providing for the assignment or transfer of tax executions.

SECTION 5.19. General obligation bonds.

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

SECTION 5.20. Revenue bonds.

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

SECTION 5.21. Short-term loans.

Any short-term loan obtained by the town must be repaid by December 31 of the year in which the loan was obtained unless otherwise provided by present or future state law.

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SECTION 5.22. Fiscal year.

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

SECTION 5.23. Action by town council on budget.

(a) The town council shall adopt and may thereafter amend an annual budget, by resolution, except that the budget as finally adopted and amended must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The amount set out in the adopted budget for each organizational unit shall constitute the annual appropriation for such; and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable unless by a majority vote of the town council.

SECTION 5.24. Tax levies.

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

SECTION 5.25. Changes in appropriations.

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

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SECTION 5.26. Independent audit.

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

SECTION 5.27. Contracting procedures.

No contract with the town shall be binding on the town unless: (1) It is in writing; and (2) It is made or authorized by and approved by the town council and such approval is entered in the town council minutes.

SECTION 5.28. Centralized purchasing.

The town council may prescribe procedures for a system of centralized purchasing for the town.

SECTION 5.29. Sale of town property.

(a) The town council may sell and convey any real or personal property owned or held by the town for governmental or other purposes as provided by general state law. (b) The town council may quitclaim any rights it may have in property not needed for public purposes upon an adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the town is of no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the town, a small parcel or tract is cut off or separated by such work from a larger tract or boundary of land owned by the town, the town council may authorize the town manager to execute and deliver in the name of the town a deed conveying said cutoff or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the town

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has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

ARTICLE VI GENERAL PROVISIONS
SECTION 6.10. Official bonds.

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

SECTION 6.11. Prior ordinances.

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

SECTION 6.12. Pending matters.

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

SECTION 6.13. Construction.

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

SECTION 6.14. Severability.

If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect

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or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.

SECTION 6.15. Specific repealer.

An Act incorporating the Town of Mount Airy in Habersham County, approved March 3, 1874 (Ga. L. 1874, p. 159), is hereby repealed in its entirety, and all amendatory acts thereto are likewise repealed in their entirety.

SECTION 6.16. General repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to provide a new charter for the Town of Mount Airy, Georgia; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Chris Erwin, Representative from District 28, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Northeast Georgian, which is the official organ of Habersham County, on the 6th of January, 2021; 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/ CHRIS ERWIN Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 26th of January, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved April 29, 2021.

__________

STEPHENS COUNTY BOARD OF REGISTRATIONS AND ELECTIONS; RECONSTITUTE AND REESTABLISH.

No. 39 (House Bill No. 801).

AN ACT

To reconstitute and reestablish the board of registrations and elections for Stephens County, Georgia; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members; to provide for meetings and special meetings of the board; to provide an administrative office for elections and registrations; to staff such office with an elections supervisor, clerical assistants, and other employees; to provide compensation for administrative personnel and members of the board; to provide definitions; to provide for related matters; to provide a contingent effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. (a) Pursuant to Code Section 21-2-40 of the O.C.G.A., as of July 1, 2021, the Stephens County Board of Registrations and Elections shall be reconstituted and reestablished, and such board shall have the powers and duties of the election superintendent of Stephens County relating to the conduct of elections and the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures. (b) The board provided for in subsection (a) of this section shall be the successor to the Stephens County Board of Registrations and Elections, provided for in an Act to provide for a Stephens County Board of Registrations and Elections, approved March 30, 1993 (Ga. L. 1993, p. 4205).

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

SECTION 3. (a) The board shall be composed of five members, each of whom shall be an elector and who shall be appointed by the governing authority of the county. (b) Three members shall be at large members selected and appointed by the governing authority of the county. (c) Two members shall be appointed by the governing authority of the county from nominations made as follows:
(1) One member shall be nominated by the county executive committee of the political party whose candidate for governor at the last election preceding such nomination received the largest number of votes in the count; and (2) One member shall be nominated by the county executive committee of the political party whose candidate for governor at such election received the next largest number of votes in the county. Each nomination shall have been ratified by a majority of the members of each of such respective executive committees voting at a regularly scheduled meeting of such executive committees or a meeting duly called and held for such purpose. In the event such nominations are not ratified by a majority of the members of such executive committee at least six days preceding the date on which nominations are due to the governing authority, then the members of the respective executive committees may nominate such members by a two-thirds majority of the membership of such executive committees at a regularly scheduled meeting or at a meeting duly called and held for such purpose. In the event the members of said executive committees fail to nominate such members at least 30 days preceding the date on which such members are to take office, such members shall be

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appointed by the county governing authority. The nominee of each such county executive committee shall be submitted to the county governing authority for appointment. If the county governing authority rejects a nominee, the county executive committee shall submit another nominee. The governing authority shall have the right to reject any such nominee, and in the case of any such rejection, the county executive committee shall submit another nominee. (d) The initial members of the board shall be appointed for terms of office beginning July 1, 2021. One of the three members appointed pursuant to subsection (b) of this section shall serve for an initial term of four years, one shall serve for an initial term of three years, and one shall serve for an initial term of two years and until their successors are appointed and qualified. The two members appointed pursuant to subsection (c) of this section shall serve for an initial term of two years. Thereafter, all members of the board shall be appointed for terms of four years and until their successors are appointed and qualified. (e) Every year the board shall appoint or reappoint one of its members to serve as chairperson for a one-year term. The chairperson shall preside over all meetings of the board and shall be entitled to vote on all matters coming before the board.

SECTION 4. (a) No person who holds elective public office or any member of his or her immediate family shall be eligible to serve as a member of the board during the term of such elective service. The position of any member of the board shall be deemed vacant upon such member's, or a member of such member's immediate family, qualifying as a candidate for elective public office. Further, there shall be no members of the same immediate family serving on the board or on the staff of the board at the same time. (b) For the purpose of this section, immediate family members shall be defined as a spouse, mother, father, stepmother, stepfather, grandmother, grandfather, child, stepchild, brother, sister, stepbrother, stepsister, half-brother, half-sister, mother-in-law, father-in-law, brother-in-law, and sister-in-law. (c) Board members must have been registered to vote in Stephens County prior to the date of appointment.

SECTION 5. 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 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 governing authority at any time after prior notice and a hearing in the same manner and by the same authority as is provided for the removal of registrars.

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SECTION 6. (a) The governing 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 7. 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 governing authority 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 8. Before entering upon the member's duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.

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

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

SECTION 11. (a) 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 county shall hire an elections supervisor. 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. (b) The elections supervisor may recommend to the county administrator for employment of 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 governing authority. 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 12. Compensation for the members of the board, elections supervisor, clerical assistants, and other employees shall be fixed by the governing authority of the county. Such compensation shall be paid wholly from county funds.

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

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

SECTION 15. The elections supervisor shall be responsible for the selection, appointment, and training of poll workers as approved by the board and consistent with the budget provided for poll workers by the governing authority.

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SECTION 16. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, provided that an Act amending an Act to provide for a Stephens County Board of Registrations and Elections, approved March 30, 1993 (Ga. L. 1993, p. 4205), as amended, is enacted in the 2021 session of the General Assembly providing for the abolition of such board of elections and registration on a date certain; if such abolition Act is not so approved, this Act shall not become effective and this Act shall be automatically repealed on July 1, 2021.

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 2021 session of the General Assembly of Georgia a bill to reconstitute and reestablish the Stephens County Board of Registrations and Elections; to provide for its powers and duties; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Chris Erwin, Representative from District 28, 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 Toccoa Record, which is the official organ of Stephens County, on the 18th of March, 2021; 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/ CHRIS ERWIN Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 22nd of March, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved April 29, 2021.

__________

STEPHENS COUNTY BOARD OF REGISTRATIONS AND ELECTIONS; ABOLITION.

No. 40 (House Bill No. 802).

AN ACT

To amend an Act to provide for a Stephens County Board of Registrations and Elections, approved March 30, 1993 (Ga. L. 1993, p. 4205), as amended, so as to provide for abolition of the board on a date certain; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide for a Stephens County Board of Registrations and Elections, approved March 30, 1993 (Ga. L. 1993, p. 4205), as amended, is amended by adding a new section to read as follows:

"SECTION 19.1. The board established pursuant to this Act shall be abolished on June 30, 2021, and unless otherwise provided by local law, the election superintendent and board of registrars for Stephens County shall be determined as provided by general law."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to amend an Act to provide for a Stephens County Board of Registrations and Elections, approved March 30, 1993 (Ga. L. 1993, p. 4205), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Chris Erwin, Representative from District 28, 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 Toccoa Record, which is the official organ of Stephens County, on the 18th of March, 2021; 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/ CHRIS ERWIN Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 22nd of March, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved April 29, 2021.

__________

CLAYTON COUNTY BOARD OF EDUCATION; COMPENSATION.

No. 43 (House Bill No. 251).

AN ACT

To amend an Act providing for the composition and manner of selection of the Board of Education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, 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 the composition and manner of selection of the Board of Education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, is amended by adding a new section to read as follows:

"SECTION 2A. The board of education is authorized to fix the salary, compensation, expenses, and expenses in the nature of compensation of its members subject to the following conditions: (a) 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; (b) 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

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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 (c) 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 2021 session of the General Assembly of Georgia a bill to amend an Act providing for the composition and manner of selection of the Board of Education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended; 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 Daily News, which is the official organ of Clayton County, on the 27th of January, 2021; 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/ MIKE GLANTON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 2nd of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

__________

SOUTH GEORGIA REGIONAL INFORMATION TECHNOLOGY AUTHORITY PROVIDE FOR ASSETS AND LIABILITIES.

No. 44 (House Bill No. 396).

AN ACT

To repeal an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), as amended; to provide for assets and liabilities thereof; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), as amended, is hereby repealed in its entirety.

SECTION 2. (a) By June 30, 2021, the South Georgia Regional Information Technology Authority shall distribute any remaining assets equally among Baker, Calhoun, Early, Miller, Mitchell, and Terrell counties. (b) There are no known obligations of the South Georgia Regional Information Technology Authority, but to the extent such obligations exist, they shall be transferred to and assumed

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equally among Baker, Calhoun, Early, Miller, Mitchell, and Terrell counties, by such instruments as may be required to maintain the same. The governing authorities of Baker, Calhoun, Early, Miller, Mitchell, and Terrell counties are authorized to act jointly and severely and execute any such instruments required to transfer such obligations into the names of such counties and are authorized to do so in the name of the South Georgia Regional Information Technology Authority.

SECTION 3. (a) Section 1 of this Act shall become effective on July 1, 2021. (b) Except as provided for in subsection (a) of this section, 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 2021 session of the General Assembly of Georgia a bill to repeal an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), as amended; 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 Enterprise-Journal, which is the official organ of Baker County, on the 20th of January, 2021; 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/ GERALD GREENE Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 9th of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to repeal an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), as amended; 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 Calhoun County, on the 12th of January, 2021; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or

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

s/ GERALD GREENE Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 9th of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to repeal an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), as amended; and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Gerald Greene, Representative from District 151, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Early County News, which is the official organ of Early County, on the 20th of January, 2021; 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/ GERALD GREENE Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 9th of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to repeal an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), as amended; 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:

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(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Miller County Liberal, which is the official organ of Miller County, on the 3rd of February, 2021; 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 9th of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to repeal an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), as amended; 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.

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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 Enterprise-Journal, which is the official organ of Mitchell County, on the 20th of January, 2021; 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 9th of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to repeal an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), as amended; and for other purposes.

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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 Donalsonville News, which is the official organ of Seminole County, on the 28th of January, 2021; 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 9th of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to repeal an Act creating the South Georgia Regional Information

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Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), as amended; 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 Dawson News, which is the official organ of Terrell County, on the 14th of January, 2021; 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 9th of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

__________

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FULTON TECHNOLOGY AND ENERGY ENHANCEMENT AUTHORITY CREATES.

No. 45 (House Bill No. 762).

AN ACT

To create the Fulton Technology and Energy Enhancement Authority; to provide a statement of legislative findings; to provide for a short title; to define certain terms; to provide for the appointment of members of the authority; to provide for quorums and filling of vacancies; to provide for dissolution of the authority upon certain conditions; to confer powers upon the authority; to provide for purpose and scope of operations of the authority; to provide for definitions; 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 provide for moneys received and trust funds; to provide for tort immunity; to provide for tax exemption, rates, charges, and revenues; to provide for effect on other governments; to provide for construction of this Act and severability; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Short title.

This Act shall be known and may be cited as the "Fulton Technology and Energy Enhancement Authority."

SECTION 2. Legislative findings.

(1) The General Assembly finds that while the Fulton County is a world renowned center of technological innovation, pockets exist throughout the county where technological and energy resources are extremely lacking. These deficiencies hinder the development or redevelopment of these pockets and lock the residents of these pockets into poverty by denying them the opportunity for prosperity and great wealth like other areas of the county. (2) While agencies and programs now exist for the purposes of commercial development, elimination of blight, community improvement, improving education and workforce development resources, and the alleviation of poverty, none of those programs are designed to provide specific assistance in improving the technological and energy resources and reducing the energy burden of residents in these pockets.

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(3) It is the intent of the General Assembly in creating the Fulton Technology and Energy Enhancement Authority to establish an entity capable of identifying, targeting, and alleviating the specific elements relating to the underdevelopment of technological resources and energy burdens which are causing poverty, increased unemployment rates, and statistics comparable to failing school rates and underdevelopment in these pockets and develop programs to address them. (4) It is further the purpose of the authority to significantly reduce poverty in the communities west of the main campus of the Georgia Institute of Technology by simultaneously creating jobs in the nontraditional trades of technology and energy.

SECTION 3. Fulton Technology and Energy Enhancement Authority.

(a) There is created a public body corporate and politic to be known as the "Fulton Technology and Energy Enhancement 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. (b) The authority shall be governed by a board consisting of seven members. Board members shall be appointed as follows:
(1) One member appointed by the Development Authority of Fulton County from among the membership of such development authority; (2) One member appointed by the chairperson of the Fulton County Board of Commissioners who shall be nominated by the Partnership for Inclusive Innovation at the Georgia Institute of Technology; (3) One member appointed by the Atlanta Regional Commission who has a background in finance and investment; (4) One member appointed by the Board of Directors of MARTA; (5) One member appointed by the chairperson of the Fulton County Board of Commissioners who has a background in economic development from a list of nominations provided by the Fulton County Board of Commissioners; (6) One member appointed by the chairperson of the Fulton County Board of Commissioners who has a background in renewable energy and sustainability from a list of nominations provided by the Fulton County Board of Commissioners; and (7) One member appointed by the other members of the authority from a list of nominees provided by the members of the General Assembly whose districts include all of the area of operation. (c) The authority shall elect from its members a chairperson, a vice chairperson, a secretary, and a treasurer or a secretary-treasurer. All officers shall be voting members. (d) A majority of the members shall constitute a quorum, and any action may be taken by the authority upon the affirmative vote of a majority of a quorum of the members. No

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vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. (e) The board members shall select a chairperson from among their membership. (f) Members shall serve terms of four years. Vacancies on the board shall be filed by the appointing authority appointing a new member to serve out the remainder of the unexpired term. (g) The authority shall stand dissolved upon the area of operation no longer being deemed a high energy burden area by the authority, high school graduation rates for residents of the area of operation is 90 percent of the graduation rate of the high school operated by an independent school system in the county with the highest graduation rate, no more than 20 percent of the residents of the area of operation live below the national poverty level, and the reading level of third grade students is at least 85 percent of the countywide average reading level for such students.

SECTION 4. Definitions.

As used in this Act, the term: (1) "Area of operation" means any part of the Fulton County on July 1, 2021, that is within a ZIP Code, as defined by the United States Postal Service that: (A) Has an energy burden 30 percent higher than the average energy burden of the county; (B) Where the high schools serving the area have graduation rates that are in the bottom quarter of all high schools in the county when ranked from highest to lowest graduation rate; (C) When all ZIP Codes in the county are ranked by their poverty rate, is in the top ten percent of such ranking; and (D) Where the reading level of third grade students is at least 85 percent of the countywide average reading level for such students. (2) "Authority" means the Fulton Technology and Energy Enhancement Authority created by this Act. (3) "Board" means the board of the Fulton Technology and Energy Enhancement Authority. (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' 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

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authorized in this Act; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (5) "County" means Fulton County, Georgia. (6) "Project" means all buildings, facilities, and equipment authorized by the Revenue Bond Law and deemed by the board as necessary or convenient for the efficient operation the authority or in carrying out the objects of this Act. (7) "Revenue Bond Law" means Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." (8) "Revenue bonds" means revenue bonds authorized to be issued pursuant to the Revenue Bond Law. (9) "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 herewith, 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. (10) "Technology or energy development project" means a project developed by the authority to improve the business, commercial, and residential technological or energy infrastructure in the area of operation. 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 or residential endeavors, or improve the quality of life in such area through the creation of affordable energy facilities and programs.

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;

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(5) To administer funds under its control so as to engage in technology or energy development projects; (6) To acquire by purchase, lease, gift, or otherwise, and to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (7) To coordinate the activities of federal, state, local, and private entities to pursue technology or energy projects; (8) To contract for the construction of renewable energy infrastructure and buildings and facilities, including but not limited to green buildings or facilities, and to use, sell, or lease such infrastructure, buildings, products, 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, 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 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, corporations, local governments, and institutions of higher education 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; (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; and

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(16) 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. In addition, the board shall hold quarterly public hearings in the area of operation to receive public comments relating to the needs of the community and possible ways to address such needs. The board shall consider, but shall not be bound by, such comments and suggestions.

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 power and is authorized, pursuant to the Revenue Bond Law, 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 a project and for the purpose of refunding revenue bonds or other obligations previously issued. 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 8. 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 such 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, special, or adjourned meeting of the authority by a majority of its members present and voting.

SECTION 9. Credit not pledged.

Revenue bonds of the authority shall not be deemed to constitute a debt of the county or the State of Georgia, nor a pledge of the faith and credit of this state or such county, but such

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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 this state or such county to levy or 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.

SECTION 10. 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 11. Trust indenture as security; remedies of bondholders.

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

SECTION 12. Trust indenture as security; 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 a person, corporation, firm, or local government a party defendant to such action if such person, corporation, firm, or government has contracted with the authority for services or facilities relating to the project for which revenue bonds are to be issued and

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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.

SECTION 13. 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 14. 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 may 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.

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

SECTION 16. 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 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 of this Act, shall constitute a contract with the holders of such revenue bonds.

SECTION 17. 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 18. Purpose of the authority; reversion upon dissolution.

(a) The authority is created for the purpose of promoting the public good and general welfare of the citizens of the county, and the development, operation, financing and providing facilities, equipment, products, and services to upgrade the technological educational, and energy resources within the area of operation. (b) Upon the dissolution of the authority, all assets owned by the authority shall become the property of the county.

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

SECTION 22. 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 to the extent permitted by and in accordance with the general laws of the state.

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SECTION 23. Effect on other governments.

This Act shall not and does not in any way take from the county or any municipal corporation the authority to own, operate, and maintain public facilities or to issue revenue bonds as provided by the Revenue Bond Law.

SECTION 24. 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 25. 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 26. 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 eliminating energy burdens and deficient access to energy and technological resources within the area of operation.

SECTION 27. Effective date.

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

SECTION 28. 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 2021 session of the General Assembly of Georgia an Act to create the Fulton Technology and Energy Enhancement Authority; and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Mesha Mainor, Representative from District 56, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Report, which is the official organ of Fulton County, on the 12th of March, 2021; 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/ MESHA MAINOR Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 15th of March, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

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Approved May 3, 2021.

__________

STATE COURT OF DEKALB COUNTY MODIFY PROVISIONS; RENAME COURT DIVISIONS.

No. 46 (House Bill No. 777).

AN ACT

To amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 3322), an Act approved February 18, 1960 (Ga. L. 1960, p. 2166), an Act approved March 3, 2015 (Ga. L. 2015, p. 3501), and an Act approved April 28, 2016 (Ga. L. 2016, p. 3950), so as to provide definitions; to provide that the court shall be governed by general law related to state courts; to provide for meetings of all judges of the court and a quorum thereof; to remove outdated, expired, and superseded provisions; to modify provisions related to appointment of assistant solicitors; to modify the fee schedule of said court; to provide for the chief judge of said court; to modify provisions for the punishment of contempt; to provide for a new procedure for the selection and removal of the clerk, marshal, and chief probation officer of said court; to rename the jury division of said court; to rename the traffic division of said court; to provide for the selection of a presiding judge of such division; to provide uniform compensation and joint decision making for the state court judges and chief magistrate judge of DeKalb County; to provide effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 3322), an Act approved February 18, 1960 (Ga. L. 1960, p. 2166), an Act approved March 3, 2015 (Ga. L. 2015, p. 3501), and an Act approved April 28, 2016 (Ga. L. 2016, p. 3950), is amended by adding new sections following Section 1 to read as follows:

"SECTION 1.1. (a) As used in this Act, the term 'Commissioner of Roads and Revenues of DeKalb County' shall mean the governing authority of DeKalb County.

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(b) As used in this Act, the term 'senior judge' shall mean the chief judge provided for in Section 14-A of this Act. (c) As used in this Act, the term 'Division A' shall refer to the seven judgeships of the State Court of DeKalb County created prior to March 3, 2015, which shall be numbered for identification and administrative purposes in such court as Divisions 1 through 7. (d) As used in this Act, the term 'Division B' shall refer to the four judgeships of the State Court of DeKalb County provided in Part 2 of this Act, which shall be numbered for identification and administrative purposes in such court as Divisions 8 through 11.

SECTION 1.2. This court shall be governed by the provisions of general law contained in Chapter 7 of Title 15 of the O.C.G.A., relating to state courts, and by the provisions of this Act.

SECTION 1.3. At least twice per year, all judges of the State Court of DeKalb County, including all judges of Division A and Division B, shall conduct a meeting of the entire bench of this court. Nine judges shall constitute a quorum for such meetings. Any judge may add an item to the agenda for consideration at any meeting of the entire bench.

SECTION 1.4. The judges of the State Court of DeKalb County may adopt such local rules as they deem necessary on any matter concerning the governance, administration, budget, staffing, docket, or case management of the court. Adoption, modification, or repeal of a local rule shall require at least eight affirmative votes from judges of the court. Such local rules shall be consistent with the provisions of this Act and other applicable law."

SECTION 2. Said Act is further amended by revising subsection (a) of Section 5 as follows:
"(a) The State Court of DeKalb County shall have all the jurisdiction as is provided to state courts by Chapter 7 of Title 15 of the Official Code of Georgia Annotated and such additional jurisdiction as may be provided by this Act or other law."

SECTION 3. Said Act is further amended by revising Section 6A as follows:

"SECTION 6A. The solicitor, also known as the solicitor-general, of said court shall have authority to appoint such assistant solicitors as he or she deems necessary, subject to the funding for such assistant solicitors being provided by the governing authority of DeKalb County."

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SECTION 4. Said Act is further amended by repealing and reserving Section 7-A in its entirety.

SECTION 5. Said Act is further amended by revising Section 11B as follows:

"SECTION 11B. Each party filing a suit or proceeding of any character in the state court, for the services rendered by the clerk, shall deposit with the clerk of said court, except as provided for in this section, the costs, which includes the first judgment, fi. fa., and recording of same, for all suits or proceedings of any character, irrespective of how they shall be terminated, which shall be $65.00, plus all applicable fees. The sums provided in this section are exclusive of cost for service of process or other additional sums as may be provided by law. Cost for filing dispossessory and distress warrants shall be $57.00, plus all applicable fees, plus $10.00 for each defendant more than one which includes service. Any fees provided for in this section may be suspended by order of this court.

In addition to the foregoing costs, the clerk of said court shall charge and collect costs as follows:
For filing and docketing each third-party complaint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10.00
For filing and docketing scire facias each defendant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00
For verdict rendered more than one and docketing same. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00
For affidavit to obtain alias fi. fa. and issuing same. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.00
For affidavit where no cause is pending.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 For certified copy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 For filing and docketing each appeal, civil or
criminal, and such fee shall be paid at the time of filing the notice of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 For preparation of record and transcript to the Supreme Court and Court of Appeals, per page. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.50 Where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript but shall receive, for filing and transmission of such transcript, a fee of. . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00

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For certification or exemplification of record, including certificates and seals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 For clerk's certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00 For court seal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00 For issuing subpoena, signed and sealed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00 For filing and docketing each writ of possession. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 For filing and docketing each additional summons of garnishment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 For filing and docketing each traverse to answer of garnishment.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 For preparing Department of Public Safety Letter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.00 For providing uncertified computer or photocopies of documents, per page. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00

MARSHAL

To provide for the services of the marshal, the following fees shall be charged: For serving copy of process or other pleading and
returning original, per copy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35.00 For serving action from another county, including
second original.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35.00 For serving subpoena. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35.00 For each levy or writ of fieri facias. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35.00 For search and return of nulla bona. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 For serving summons of garnishment or
plaintiff's traverse of garnishee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35.00 Commission on sales of property: On sums of $50.00 or less. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8% On excess above $50.00 up to $550.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6% For all sums exceeding $550.00, on excess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3%
No commission shall be charged unless property is actually sold. For removing or storing or removing and storing property and
keeping and feeding animals, the cost shall be actual expense incurred. For making out and executing titles to land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00
If presented by purchaser.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.00 For executing bill of sale to personal property, when
demanded by purchaser. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.00 For dispossessing tenant or intruder.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75.00

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Provided, however, that the cost for serving any paper or proceeding not provided for in this Act shall be $35.00. All costs provided for under this section shall be paid to the clerk's office at the time of filing."

SECTION 6. Said Act is further amended by adding a new section following Section 11B to read as follows:

"SECTION 11B.1. (a) Each person who is ordered to pay a fine for, is convicted of, or pleads guilty or enters a plea of nolo contendere to any violation shall pay court costs of $25.00 unless otherwise ordered by the judge. Such court costs may be included in an order of probation and paid during the probated part of any sentence. Such court costs shall be used to defray the cost of operating the state court. (b) Each person who fails to appear for a scheduled court appearance, pursuant to a citation or court notice, shall pay a $50.00 failure to appear fee, unless otherwise ordered by the judge. Such fee may be included in an order of probation and paid during the probated part of any sentence. (c) Each person who requests and is granted extended time in lieu of probation to comply with the terms of a proposed sentence in a criminal case shall pay a $10.00 fee for administrative and technology costs, unless otherwise ordered by the judge. If the case is thereafter placed on probation, such fee may be included in the order of probation and paid during the probated part of the sentence."

SECTION 7. Said Act is further amended by repealing and reserving Section 12-B in its entirety.

SECTION 8. Said Act is further amended by repealing and reserving Section 13 and Section 13A in their entirety.

SECTION 9. Said Act is further amended by revising Section 14-A and Section 14-B as follows:

"SECTION 14-A. (a) There is hereby created the position of chief judge of the State Court of DeKalb County. In all matters concerning the governance, administration, budget, staffing, docket, or case management of said court, the chief judge shall have final authority over the matter, unless the judges of the court have provided otherwise by local rule, adopted in accordance with Section 1.4 of this Act. Before deciding any such matter, the chief judge in a meeting

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or in writing, whether formally or informally, shall consult with the Division A judges on matters solely affecting Division A, consult with the Division B judges on matters solely affecting Division B, and consult with the Division A and Division B judges on matters affecting the entire court. This authority of the chief judge shall not extend to the hiring or removal of the clerk, marshal, or chief probation officer, which shall be carried out as provided in Sections 20, 21, and 21.1 of this Act. (b) The longest serving judge of the court as of the effective date of this Act shall be the chief judge of the court until December 31, 2022. (c) As of January 1, 2023, the position and duties of chief judge shall pass as provided in subsection (d) of this section. (d) Except as provided in subsection (b) of this section, the term of the chief judge shall be for two years or until the person serving as chief judge resigns from the position or leaves the court, whichever time is shorter. At the end of each term of the chief judge, the position shall pass to the next judge of Division A in rotation and in order of seniority, until all judges of Division A have served all or part of one term as chief judge. After the junior judge in the rotation has served as chief judge, the position shall pass to the longest serving judge and the rotation shall begin again. (e) No judge of Division A shall be eligible to serve as chief judge during his or her first four years of service on Division A. If any part of a judge's first term as chief judge would coincide with his or her first four years of service on Division A, the rotation provided in subsection (d) of this section shall skip that judge and he or she shall be eligible for his or her first term as chief judge in the next full rotation. (f) No person serving as a judge on Division B of this court shall be eligible to serve as chief judge.

SECTION 14-B. The chief judge when he or she deems necessary may request, in writing, the services of an acting judge who shall be a judge, associate judge, or senior judge on any appellate, superior, state, magistrate, juvenile, probate, or municipal court of this state who is otherwise qualified. When any such acting judge serves on this court, he or she shall be compensated at a rate to be determined by the chief judge in an annual standing order for compensation according to the complexity of assigned cases."

SECTION 10. Said Act is further amended by revising Section 15 as follows:

"SECTION 15. The selection of juries in all cases before this court shall conform to all applicable requirements of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated."

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SECTION 11. Said Act is further amended by repealing and reserving Section 16 in its entirety.

SECTION 12. Said Act is further amended by revising Section 17 as follows:

"SECTION 17. The judges of this court shall have authority to punish contempt to the extent provided in Section 15-7-4 of the Official Code of Georgia Annotated."

SECTION 13. Said Act is further amended by repealing and reserving Section 17-A in its entirety.

SECTION 14. Said Act is further amended by revising Section 20 and Section 21 as follows:

"SECTION 20. (a) The clerk of the State and Magistrate Courts of DeKalb County shall be appointed by and may only be removed by a vote of at least eight judges of the state court, and the chief magistrate judge. (b) Upon the position of clerk becoming vacant, the chief judge, the presiding judge of Division B, and the chief magistrate judge of DeKalb County shall meet and nominate a person to serve as clerk. Such nomination must be unanimous and shall be subject to approval as provided for in subsection (a) of this section. (c) The clerk on the effective date of this Act shall remain in that position unless he or she resigns or is removed pursuant to subsection (a) of this section. (d) The clerk shall have the authority to appoint and remove such deputy clerks as he or she deems necessary. (e) The clerk shall have authority to file all papers, suits, and documents; sign all summons, subpoenas, warrants, executions, and documents; to make all necessary records and entries on the docket; and to perform such duties as required by the judges not inconsistent with the law. The clerk shall be an ex officio deputy marshal. (f) If the chief magistrate judge elects to appoint a separate clerk to serve the Magistrate Court of DeKalb County, or if at least eight judges of the state court elect to appoint a separate clerk to serve the State Court of DeKalb County, the chief magistrate judge shall cease to participate in and shall not be counted regarding the appointment, removal, and nomination processes established in subsections (a) and (b) of this section.

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SECTION 21. (a) The marshal of the State and Magistrate Courts of DeKalb County shall be appointed by and may only be removed by a vote of at least eight judges of the state court, and the chief magistrate judge. (b) Upon the position of marshal becoming vacant, the chief judge, the presiding judge of Division B, and the chief magistrate judge of DeKalb County shall meet and nominate a person to serve as marshal. Such nomination must be unanimous and shall be subject to approval as provided for in subsection (a) of this section. (c) The marshal on the effective date of this Act shall remain in that position unless he or she resigns or is removed pursuant to subsection (a) of this section. (d) The marshal shall have the authority to appoint and remove such deputy marshals as he or she deems necessary. (e) The marshal and deputy marshals shall have the same powers, duties, and authority within DeKalb County as provided by law to sheriffs and deputy sheriffs. All process executions, warrants, or summary process of any kind issued from the court shall be levied, served, or executed by the marshal or deputy marshals or by the sheriff of DeKalb County or any of his or her deputies."

SECTION 15. Said Act is further amended by adding a new section following Section 21 to read as follows:

"SECTION 21.1. (a) Notwithstanding any other provision of this Act to the contrary, the chief probation officer shall be appointed by and may only be removed by a vote of at least eight judges of the state court. (b) Upon the position of chief probation officer becoming vacant, the chief judge of the State Court of DeKalb County and the presiding judge of Division B shall meet and nominate a person to serve as chief probation officer, with such nomination subject to approval as provided for in subsection (a) of this section. (c) The chief probation officer on the effective date of this Act shall remain in that position unless he or she resigns or is removed pursuant to subsection (a) of this section. (d) The chief probation officer shall have the authority to appoint and remove such probation officers as he or she deems necessary.

SECTION 16. Said Act is further amended by adding a new section to read as follows:

SECTION 21.2 (a) Notwithstanding any provision of law to the contrary, the eleven judges of the State Court of DeKalb County and the chief magistrate judge of DeKalb County shall each receive an annual salary equal to 90 percent of the gross salary defined in Section 1 of the

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Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended. (b) The annual salary provided to each judge pursuant to this section shall be paid in equal monthly installments from the funds of DeKalb County. (c) The annual salary provided to each judge pursuant to this section may be further supplemented by ordinance or resolution of the governing authority of DeKalb County.

SECTION 17. Said Act is further amended by repealing and reserving Section 23 and Section 24 in their entirety.

SECTION 18. Said Act is further amended by repealing and reserving Section 31.

SECTION 19. Said Act is further amended by repealing and reserving Section 32.

SECTION 20. Said Act is further amended by repealing the existing Part 2 and enacting a new Part 2 to read as follows:

"Part 2 SECTION 2-1.

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

SECTION 2-2. (a) In addition to all other judges of the state court, there shall be four judges of Division B who shall be judges of the state court. The qualifications and election of the Division B judges shall be as provided by general law. (b) Those judges serving on the traffic division of the state court immediately prior to the effective date of this Act shall serve out all terms of office for which they are elected or appointed until their respective successors are elected or until they resign, provided that on and after the effective date of this Act they shall be known as judges of Division B of the State Court of DeKalb County. Their successors shall be elected to terms of four years and all such elections shall be as provided by law.

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(c) Except as specifically provided for in this part, all provisions of this Act relating to the authority and jurisdiction of other judges of the state court shall be applicable to the judges of Division B. (d) The four judges of Division B are designated as full-time judges and may not engage in the private practice of law. (e) Judges of Division B shall not be eligible to serve as chief judge of the state court.

SECTION 2-3. (a) Division B shall have a presiding judge who shall have primary responsibility for the governance, administration, budget, staffing, docket, and case management of Division B. The four Division B judges, in performing their duties and responsibilities, shall share, divide, and allocate the work and duties to be performed by each of them. In the event of disagreement among the Division B judges with respect to such matters, the decision of the presiding judge shall govern unless the remaining judges of Division B unanimously vote to overrule such decision. (b) The term of the presiding judge shall be for two years or until the person serving as presiding judge resigns from the position or leaves the court, whichever time is shorter. At the end of each term of the presiding judge, the position shall pass to the next judge of Division B in rotation and in order of seniority, until all judges of Division B have served all or part of one term as presiding judge. After the junior judge in the rotation has served as presiding judge, the position shall pass to the longest-serving judge and the rotation shall begin again. (c) No judge of Division B shall be eligible to serve as presiding judge during his or her first four years of service on Division B. If any part of a judge's first term as presiding judge would coincide with his or her first four years of service on Division B, the rotation provided in subsection (b) of this section shall skip that judge and he or she shall be eligible for his or her first term as presiding judge in the next full rotation. (d) A judge's service on the former traffic division of the state court shall be counted for purposes of this section.

SECTION 2-4. (a) Division B judges may hear and decide any matter within the jurisdiction of the state court, but Division B judges shall hear and decide only such matters as were assigned to the former traffic division of the state court by order of the chief judge or senior judge of the state court set forth in a standing order prior to the effective date of this Act. On and after the effective date of this Act, any change to the matters assigned to the Division B judges shall require the affirmative vote of five judges of Division A and three judges of Division B. (b) This section shall not limit the power of the Division B judges to punish contempt actions in the same manner as any other judge of the state court.

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(c) This section shall not limit the power of Division B judges to provide judicial assistance to other courts pursuant to Code Section 15-1-9.1 of the O.C.G.A. or any other applicable provision of law, to hear and decide any matter due to the recusal of another state court judge anywhere in the state, or to provide judicial assistance to Division A.

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

SECTION 2-6. The solicitor of the state court shall be the solicitor of Division B.

SECTION 2-7. The clerk of the state court shall be the clerk of Division B. All records of the former Traffic Division shall be transferred to and maintained by the clerk of the state court."

SECTION 21. An Act to amend an Act approved February 14, 1951, (Ga. L. 1951, p. 2401) creating and establishing the Civil Court of DeKalb County, and acts amendatory thereof, approved March 13, 1957 (Ga. L. 1957, p. 3322), is amended by repealing Section 2 and Section 5 in their entirety.

SECTION 22 An Act to amend an Act approved February 14, 1951 (Ga. L. 1951, p. 2401), creating and establishing the Civil Court of DeKalb County and all acts amendatory thereof, approved February 18, 1960 (Ga. L. 1960, p. 2166), is amended by repealing Section 3 and Section 10 in their entirety.

SECTION 23. This Act shall become effective on January 1, 2022.

SECTION 24. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of DeKalb County

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formerly known as the Civil and Criminal Court of DeKalb County approved February 14, 1951 (Ga. L. 1951, p. 2401) as amended; and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Matthew Wilson, Representative from District 80, 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 25th of February, 2021; 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/ MATTHEW WILSON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 17th of March, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

__________

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MORGAN COUNTY BOARD OF ELECTIONS AND REGISTRATION; APPOINTMENT, TERMS, AND FILLING OF VACANCIES; DUTIES.

No. 47 (House Bill No. 162).

AN ACT

To amend an Act to create a board of elections and registration for Morgan County and to provide for its powers and duties, approved March 29, 2006 (Ga. L. 2006, p. 3606), so as to revise provisions for the appointment, terms, and filling of vacancies of board members; to vacate the current board membership; to provide for the appointment of interim board members; to provide for term limits and removal of board members; to revise duties of the board and elections supervisor regarding clerical assistance and poll works; to remove expired and outdated provisions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to create a board of elections and registration for Morgan County and to provide for its powers and duties, approved March 29, 2006 (Ga. L. 2006, p. 3606), is amended by revising Section 3 and Section 4 as follows:

"SECTION 3. (a) The board shall be composed of five members, each of whom shall have been a resident of Morgan County for a minimum of one year prior to appointment and shall be registered to vote in Morgan County. All members shall be appointed by the board of commissioners of Morgan County. (b) On July 1, 2021, the current board memberships shall be vacated, and the board of commissioners shall appoint five new interim members to fill the unexpired terms of the board members serving on June 30, 2021. (c) Successors to members appointed pursuant to subsection (b) of this section shall be appointed to four-year terms of office.

SECTION 4. Each member of the board shall:
(1) Serve for a term of four years, except as otherwise provided in Section 3 of this Act; (2) Be eligible to be reappointed to succeed himself or herself, but no member shall serve more than two consecutive four-year terms; (3) Shall have the right to resign at any time by giving written notice of such resignation to the board of commissioners;

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(4) Serve until his or her successor is appointed and duly qualified; and (5) Be removed by the board of commissioners for any reason, based upon the recommendation of the elections supervisor."

SECTION 2. Said Act is further amended by revising Section 7 as follows:

"SECTION 7. (a) The elections supervisor may request additional 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, such status to be determined by the board of commissioners. The board of commissioners shall be responsible for determining the pay and salary of all clerical assistants of the board. Any such assistants shall be hired by the board of commissioners, which shall consider the recommendation of the elections supervisor, and such assistants shall be at-will employees of the board of commissioners. (b) The board of commissioners shall provide suitable offices and funding sufficient to employ the elections supervisor and any clerical assistants as may be necessary."

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

"SECTION 9. The supervisor of elections shall be responsible for the selection, appointment, and training of poll workers in elections."

SECTION 4. Said Act is further amended by revising Section 11 as follows:

"SECTION 11.

Should a vacancy occur on the board, the board of commissioners shall appoint a successor to serve the remainder of the unexpired term."

SECTION 5. Said Act is further amended by repealing and reserving Section 14 in its entirety.

SECTION 6. This Act shall become effective on July 1, 2021.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to amend an Act to create a board of elections and registration for Morgan County and provide for its powers and duties, approved March 29, 2006 (Ga. L. 2006, p. 3606): 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 Morgan County Citizen, which is the official organ of Morgan County, on the 17th of December, 2020; 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 28th of January, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

__________

CITY OF CULLODEN CITY COUNCIL; REDUCE SIZE; DEFINITION; TERMS OF OFFICE; QUORUM.

No. 48 (House Bill No. 172).

AN ACT

To amend an Act incorporating the City of Culloden in the County of Monroe, approved October 24, 1887 (Ga. L. 1886-87, Vol. II, p. 655), as amended, particularly by an Act approved December 24, 1888 (Ga. L. 1888, p. 229), an Act approved April 4, 1990 (Ga. L. 1990, p. 5207), and an Act approved April 24, 2013 (Ga. L. 2013, p. 3685), so as to reduce the city council to five members; to define the term "councilmember"; to provide for four-year terms of office for the mayor and councilmembers; to provide for quorum and voting requirements of the city council; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act incorporating the City of Culloden in the County of Monroe, approved October 24, 1887 (Ga. L. 1886-87, Vol. II, p. 655), as amended, particularly by an Act approved December 24, 1888 (Ga. L. 1888, p. 229), an Act approved April 4, 1990 (Ga. L. 1990, p. 5207), and an Act approved April 24, 2013 (Ga. L. 2013, p. 3685), is amended by revising Section 1 as follows:

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"SECTION 1. (a) 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 of this Act the City of Culloden is hereby incorporated. Its municipal government shall consist of a Mayor and five Aldermen, who shall be known by the corporate name of the Mayor and City Council of the City of Culloden, and by such name may sue and be sued, may have and use a common seal, purchase, take and hold real and personal property, exchange, sell and convey the same when and in such manner as they deem best for the interest of said city, and to make all contracts in their corporate capacity which they deem best for the welfare of said city. (b) Aldermen shall also be known as councilmembers. (c) Any sale, purchase or exchange of real estate having a value in excess of $10,000.00 is not to be made until the same is ratified by a majority of the legally qualified voters of said city at an election to be held under such regulations as provided by law; and further provided, that any sale, purchase, or exchange of real property having a value of $10,000.00 or less must be approved by at least two-thirds of the city council, or in the event the city council is evenly divided and a tie vote exists, the mayor's approval of the proposed transactions shall constitute full and legal approval by the city governing authority. (d) The boundaries of the city shall be those existing on the effective date of the adoption of this act with such alterations as may be made from time to time in the manner provided by law."

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

"SECTION 2. (a) There shall be five councilmembers elected from the City of Culloden at large from five posts. The five posts shall be designated as Posts 1 through 5. Each candidate seeking the office of city council shall at the time of qualifying designate which of the five posts to which he or she is seeking election. The mayor and councilmembers may reside anywhere within the city limits of the City of Culloden. (b) Those persons serving as mayor or councilmembers on the effective date of this act shall continue to serve the terms to which they were elected and until their successors are duly elected and qualified. (c) There shall be elected at the municipal general election held in November 2021 councilmembers representing Posts 1, 2, and 3. Such persons shall take office on January 1, 2022, and shall serve terms of four years and until their successors are duly elected and qualified. Elections for councilmembers representing Posts 1, 2, and 3 shall occur quadrennially thereafter.

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(d) There shall be elected at the general election held on the Tuesday after the first Monday in November 2022 a mayor and councilmembers representing Posts 4 and 5. Such persons shall take office on January 1, 2023, and shall serve until December 31, 2023. Their successors shall be elected at the municipal general election held in November 2023. Such persons shall take office on January 1, 2024, and shall serve terms of four years and until their successors are duly elected and qualified. Elections for the mayor and councilmembers representing Posts 4 and 5 shall occur quadrennially thereafter."

SECTION 3. Said Act is further amended by revising Section 6 as follows:

"SECTION 6. The mayor and two councilmembers or three councilmembers without the mayor shall constitute a quorum and shall be authorized to transact business of the city council. Except as otherwise provided in this charter, or by law, the affirmative vote of three councilmembers or two councilmembers and the mayor shall be required for the adoption of any ordinance, resolution, or motion."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Culloden in the County of Monroe, approved October 24, 1887 (GA. L. 1886-87, Vol. II, p.655), as amended, 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 Reporter, which is the official organ of Monroe County, on the 6th of January, 2021; 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/ ROBERT DICKEY Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 26th of January, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

__________

TOWN OF ARABI NEW CHARTER.

No. 49 (House Bill No. 211).

AN ACT

To provide a new charter for the Town of Arabi; to provide for incorporation, corporate boundaries, powers, and construction; to provide for specific powers; to provide for the exercise of powers; to provide for town council creation, number, and election; to provide for terms and qualifications for office; to provide for vacancies; to provide for compensation and expenses; to provide for conflicts of interest; to provide for inquiries and investigations; to provide for general power and authority of the town council; to provide for eminent domain; to provide for organizational meetings; to provide for regular and special meetings; to provide for rules of procedure; to provide for a quorum and voting; to provide for

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ordinances; to provide for action requiring ordinances; to provide for emergencies; to provide for a code of technical regulations; to provide for signing, authenticating, recording, codification, and signing of ordinances; to provide for a chief executive officer; to provide for powers and duties of the mayor; to provide for a mayor pro tempore; to provide for administrative and service departments; to provide for boards, commissions, and authorities; to provide for a town attorney; to provide for a clerk; to provide for personnel policies; to provide for the creation of a municipal court; to provide for a chief judge and associate judge; to provide for the convening of the municipal court; to provide for jurisdiction and powers; to provide for certiorari; to provide for rules of court; to provide for indigent defense and prosecution; to provide for applicability of general law; to provide for regular elections and time for holding elections; to provide for nonpartisan elections; to provide for election by plurality; to provide for special elections; to provide for removal of officers; to provide for property tax; to provide for a millage rate and due dates and payment methods; to provide for occupation and business taxes; to provide for regulatory fees and permits; to provide for franchises; to provide for service charges; to provide for special assessments; to provide for other taxes and fees; to provide for the collection of delinquent taxes and fees; to provide for general obligation bonds; to provide for revenue bonds; to provide for short-term loans; to provide for lease-purchase contracts; to provide for a fiscal year; to provide for preparation of budgets; to provide for submission of the operating budget to the town council; to provide for action by the town council on the budget; to provide for tax levies; to provide for changes in appropriations; to provide for independent audits; to provide for contracting procedures; to provide for centralized purchasing; to provide for sale and lease of town property; to provide for bonds for officials; to provide for prior ordinances; to provide for existing personnel and officers; to provide for pending matters; to provide for construction; to provide for severability; to provide for other matters relative to the foregoing; to provide for a specific repealer; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.

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

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SECTION 1.11. Corporate boundaries.

(a) The boundaries of this town shall be those existing on the effective date of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this town at all times shall be shown on a map to be retained permanently in the clerk's office of the Town of Arabi and designated as the case may be: "Official Map of the Corporate Limits of the Town of Arabi, Georgia." Photographic, typed, or other copies of such map certified by the town clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The town council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

SECTION 1.12. Powers and construction.

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

SECTION 1.13. Specific powers.

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

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(3) Building Regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (4) Business Regulation and Taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any town taxes or fees; (5) Condemnation. To condemn property inside or outside the corporate limits of the town for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such applicable laws as are or hereafter enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the town and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the town; (8) Environmental Protection. To protect and preserve the natural resources, environment, and vital areas of the town through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to fire prevention and detection and to firefighting, and to prescribe penalties and punishment for violations thereof; (10) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal fee, and other sanitary service charge, as may be necessary in the operation of the town from all individuals, firms, and corporations residing in or doing business therein benefitting from such services, to enforce the payment of such charges or fees; and to provide for the manner and method of collecting such service charges or fees; (11) General Health, Safety, and Welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the town and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the town and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose;

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

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(26) Public Improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detention, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside or outside the corporate limits of the town; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereinafter be enacted; (27) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public Utilities and Services. To grant franchises or make contracts for public utilities and public service companies; and to prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as the same are not in conflict with valid regulations of the Public Service Commission; (30) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the town; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the town; (32) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, provide drainage for, adorn with shade trees or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the town; to grant franchises and rights-of-way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so; (33) Sewer Fees. To levy a fee or charge as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sanitary sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee or charge for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system;

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(34) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items; (35) Special Areas of Public Regulation. To regulate or prohibit junk dealers, pawn shops, and the manufacture, sale, or transportation of intoxicating liquors; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and hearing equipment, and any other business or situation which the town may deem to be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders and theatrical performances, exhibitions, and shows of any kind; and to license, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the town; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban Redevelopment. To organize and operate an urban redevelopment program; and (41) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the town and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No listing of particular powers in this charter shall be held to be exclusive of others nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.14. Exercise of powers.

All powers, functions, rights, privileges, and immunities of the town, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes

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

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

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

SECTION 2.11. Town council terms and qualifications for office.

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

SECTION 2.12. Vacancy; filling of vacancies.

(a) Vacancies. The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution, Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; provided, however, that the office of mayor or councilmember shall become vacant upon the unexcused absence of the holder of the office from four consecutive regularly scheduled meetings of the town council. Excused absences shall be granted by a majority vote of the remaining town councilmembers and the mayor as provided in Section 2.21 of this charter and shall be entered upon the minutes of the council meeting. (b) Filling of Vacancies. A vacancy in the office of mayor or councilmember shall be filled for the remaining of the unexpired term, if any, by appointment of the remaining councilmembers if less than six months remains in the unexpired term, otherwise by an election, as provided in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A. or other such laws as are hereinafter enacted.

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SECTION 2.13. Compensation and expenses.

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

SECTION 2.14. Conflicts of interest.

(a) Elected and appointed officers of the town are trustees and servants of the residents of the town and shall act in a fiduciary capacity for the benefit of such residents. (b) Neither the mayor nor any member of the town council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested. (c) Except as authorized by law, neither the mayor nor any councilmember shall hold any town office or town employment during the term for which that person was elected.

SECTION 2.15. Inquiries and investigations.

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

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

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

SECTION 2.17. Eminent domain.

The town council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detention, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the town, and to regulate the use thereof; and for such purposes, property

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may be condemned under procedures established under general law applicable now or as provided in the future.

SECTION 2.18. Organizational meetings.

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

SECTION 2.19. Regular and special meetings.

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

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SECTION 2.20. Rules of procedure.

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

SECTION 2.21. Quorum; voting.

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

SECTION 2.22. Ordinance form; procedures.

(a) Except as herein provided, every official action of the town council which is to become law shall be by ordinance. Each proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the Town of Arabi," and every ordinance shall so begin. (b) An ordinance may be introduced by a councilmember and be read at a regular or special meeting of the town council. Ordinances shall be considered and adopted or rejected by the town council in accordance with the rules which it shall establish. All ordinances shall have two separate readings; provided, however, that the town council may dispense with the second reading with unanimous consent of the members present. Emergency ordinances, as provided in Section 2.24 of this charter, may be adopted on the same day that they are introduced without necessity of the second reading. Upon introduction of any ordinance, the town clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the town clerk and at such other public places as the town council may designate.

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SECTION 2.23. Action requiring an ordinance.

Actions of the town council which have the force and effect of law shall be enacted by ordinance.

SECTION 2.24. Emergencies.

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

SECTION 2.25. Codes of technical regulations.

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

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

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

(a) The town clerk shall authenticate by the town clerk's signature and record in full, in a properly indexed book kept for that purpose, all ordinances adopted by the council. (b) The town council shall provide for the preparation of a general codification of all ordinances of the town having the force and effect of law. The general codification shall be adopted by the town council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the town council may specify. This compilation shall be known and cited officially as "The Code of the Town of Arabi, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the town and made available for purchase by the public at a reasonable price as fixed by the town council. (c) The town council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the town council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The town council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

SECTION 2.27. Chief executive officer.

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

SECTION 2.28. Powers and duties of mayor.

As the chief executive of this town, the mayor shall: (1) See that all laws and ordinances of the town are faithfully executed; (2) Recommend to the town council such measures relative to the affairs of the town, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient;

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(3) Call special meetings of the town council as provided for in Section 2.19(b) of this charter; (4) Preside at all meetings of the town council and vote only in the event of a tie or when an affirmative or negative vote by the mayor constitutes a majority of three votes; (5) Provide for an annual audit of all accounts of the town; (6) Require any department or agency of the town to submit written reports whenever the mayor and council deem it expedient; and (7) Perform such other duties as may be required by law, this charter, or by ordinance.

SECTION 2.29. Mayor pro tempore; selection; duties.

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

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

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

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SECTION 3.11. Boards, commissions, and authorities.

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

SECTION 3.12. Town attorney.

The town council shall appoint a town attorney, together with such assistant town attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the town. The town attorney shall be responsible for providing for the representation and defense of the town in all litigation in which the town is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the town council as directed; shall advise the town council, mayor, and other officers and employees of the

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town concerning legal aspects of the town's affairs; and shall perform such other duties as may be required by virtue of the person's position as town attorney.

SECTION 3.13. Town clerk.

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

SECTION 3.14. Personnel policies.

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

ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Municipal court creation.

There shall be a court to be known as the Municipal Court of the Town of Arabi.

SECTION 4.11. Chief judge; associate judge.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall possess all qualifications required by law. All judges shall be appointed by the town council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges may be removed from office in compliance with Code Section 36-32-2.1 of the O.C.G.A. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the town council journal required in Section 2.20 of this charter.

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SECTION 4.12. Convening.

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

SECTION 4.13. Jurisdiction; powers.

(a) The municipal court shall try and punish violations of this charter, all town ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $500.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days, or other such fine and imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and care of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizance to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge and declared forfeited to the town, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the town.

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SECTION 4.14. Certiorari.

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

SECTION 4.15. Rules for court.

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

SECTION 4.16. Indigent defense and prosecutor.

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

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

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

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SECTION 5.11. Regular elections; time for holding.

Beginning in 2021 and every four years thereafter, on the Tuesday following the first Monday in November, there shall be an election for town councilmembers for Council Posts 1 and 2 and shall continue in office for the terms to which he or she was elected and until his or her successor is elected and available as provided in this charter. Beginning in 2023, and every four years thereafter, on the Tuesday following the first Monday in November, there shall be an election for mayor and town councilmembers for Council Posts 3 and 4 and shall continue in office for the terms to which he or she was elected and until his or her successor is elected and qualified as provided in this charter. The terms of office shall begin at the organizational meeting as provided for in Section 2.18 of this charter.

SECTION 5.12. Nonpartisan elections.

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

SECTION 5.13. Election by plurality.

The person receiving a plurality of the votes cast for any town office shall be elected.

SECTION 5.14. Special elections; vacancies.

In the event that the office of mayor or councilmember becomes vacant as provided in Section 2.12 of this charter, the town council or those remaining shall appoint a successor for the remainder of the term if less than six months remain in the term. If more than six months remain in the term, there shall be a special election held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

SECTION 5.15. Other provisions.

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

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SECTION 5.16. Removal of officers.

(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) By the vote of three members of the council after an investigative hearing. In the event an elected officer is sought to be removed by the action of the town council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than 10 days after the service of such written notice. The town council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office, as provided in this paragraph, shall have the right of appeal from the decision of the town council to the Superior Court of Crisp County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Crisp County following a hearing on a complaint seeking such removal brought by any resident of the Town of Arabi.

ARTICLE VI FINANCE
SECTION 6.10. Property tax.

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

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

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

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SECTION 6.12. Occupation and business taxes.

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

SECTION 6.13. Regulatory fees; permits.

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

SECTION 6.14. Franchises.

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

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SECTION 6.15. Service charges.

The town council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the town for the total cost to the town of providing or making available such services. If unpaid, such fees, charges, and tolls shall be collected as provided in Section 6.18 of this charter.

SECTION 6.16. Special assessments.

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

SECTION 6.17. Construction; other taxes and fees.

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

SECTION 6.18. Collection of delinquent taxes and fees.

(a) The town council shall have the power and authority to provide by ordinance for the collection from delinquent taxes, fees, or other revenue due to the town under this charter, in addition to all other sums, of the costs of collection and the costs of levy preparation and execution procedures, and to add such sums to the amounts due on tax executions. The costs of levy preparation and execution procedures shall include, but without limitation, the cost of title searches, name and address verifications, legal fees, and all other levy and enforcement costs of every kind. (b) The town council shall have the power and authority to provide, by ordinance, for the employment by the town clerk of agencies to assist in the collection of delinquent taxes and in tax execution levy preparation and enforcement procedures, to provide for the payment of the costs of such agencies by the delinquent taxpayer, and to provide for the costs of such agencies to be added to the amounts due on tax executions.

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(c) Executions for any and all taxes or licenses, or demands of any sort due the town or its corporate authorities by any person, firm, or corporation, or against any property subject thereto, shall be issued by the town clerk, be signed by him or her, bear teste in the name of the mayor, and be directed to the chief of police of said town and his or her deputies and all and singular the sheriffs, deputy sheriffs and constables of this state, commanding them that of any property belonging to the defendant against whom said execution is issued, or of certain property described in the execution, they make by levy and sell the amount due on the execution with all costs. (d) Except as otherwise provided by this charter, all executions issued by the town clerk for taxes, license fees, special assessments, fines, or forfeitures due the town shall be governed by the laws governing executions for state and county taxes, and shall be subject to all presumptions of law and fact which apply to executions for state and county taxes.

SECTION 6.19. General obligation bonds.

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

SECTION 6.20. Revenue bonds.

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

SECTION 6.21. Short-term loans.

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

SECTION 6.22. Lease-purchase contracts.

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

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year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.

SECTION 6.23. Fiscal year.

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

SECTION 6.24. Preparation of budgets.

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

SECTION 6.25. Submission of operating budget to town council.

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

SECTION 6.26. Action by town council on budget.

(a) The town council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues.

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(b) The town council, by ordinance, shall adopt the final operating budget for the ensuing fiscal year not later than the first day of each fiscal year. If the town council fails to adopt the budget by this date, the amounts appropriated for operation for the past fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the town council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such unit, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable.

SECTION 6.27. Tax levies.

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

SECTION 6.28. Changes in appropriations.

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

SECTION 6.29. Independent audit.

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

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SECTION 6.30. Contracting procedures.

No contract with the town shall be binding on the town unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the town attorney, and as a matter of course, is signed by the town attorney to indicate such drafting or review; and (3) It is made or authorized by the town council, and such approval is entered in the town council journal of proceedings pursuant to Section 2.20 of this charter.

SECTION 6.31. Centralized purchasing.

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

SECTION 6.32. Sale and lease of town property.

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

ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.

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

SECTION 7.11. Prior ordinances.

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

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SECTION 7.12. Existing personnel and officers.

Except as specifically provided otherwise by this charter, all personnel and officers of the town 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 town council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.

SECTION 7.13. Pending matters.

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

SECTION 7.14. Construction.

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

SECTION 7.15. Specific repealer.

(a) An Act incorporating the Town of Arabi in the County of Crisp, State of Georgia, approved in August 20, 1917 (Ga. L. 1917, Volume 1, p. 496), and as amended, is hereby repealed in its entirety; and all amendatory acts thereto are likewise repealed in their entirety. (b) An Act to provide a new charter for the Town of Arabi, approved June 29, 2020 (Ga. L. 2020, p. 3524), is hereby repealed in its entirety.

SECTION 7.16. General repealer.

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

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to provide a new charter for the Town of Arabi; and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Noel Williams, Representative from District 148, 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 Cordele Dispatch, which is the official organ of Crisp County, on the 27th of January, 2021; 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/ NOEL WILLIAMS Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 1st of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

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Approved May 3, 2021.

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JACKSON COUNTY BOARD OF ELECTIONS AND REGISTRATION; TERMS; AUTHORITY.

No. 50 (House Bill No. 223).

AN ACT

To amend an Act to create a board of elections and registration for Jackson County, approved April 20, 2011 (Ga. L. 2011, p. 3673), as amended, particularly by an Act approved April 30, 2019 (Ga. L. 2019, p. 3682), so as to provide for the authority of the board of elections and registration to act in certain situations; to provide for the terms 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 to create a board of elections and registration for Jackson County, approved April 20, 2011 (Ga. L. 2011, p. 3673), as amended, particularly by an Act approved April 30, 2019 (Ga. L. 2019, p. 3682), is amended by revising subsection (d) of Section 3 as follows:
"(d) The member from each political party whose term began on January 1, 2021, shall serve until January 31, 2025, and until the appointment and qualification of his or her respective successor. The member from each political party whose term is due to expire on December 31, 2022, shall serve until January 31, 2023, and until the appointment and qualification of his or her respective successor. The member appointed by the chief judge of the Superior Court of Jackson County and whose term is due to expire on December 31, 2022, shall serve until January 31, 2023, and until the appointment and qualification of his or her respective successor. Successors to the members of the board whose terms are to expire shall be appointed to take office on the first day of February 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 unless a quorum exists under the bylaws of the board."

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

As per O.C.G.A. 28-1-14 Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to amend an Act to create a board of elections and registration for Jackson County, approved April 20, 2011 (Ga. L. 2011, p. 3673); and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Tommy Benton, Representative from District 31, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Jackson Herald, which is the official organ of Jackson County, on the 27th of January, 2021; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ TOMMY BENTON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 1st of February, 2021, Before me:

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

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My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

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CITY OF AMERICUS CITY MANAGER; CONTRACT.

No. 51 (House Bill No. 242).

AN ACT

To amend an Act providing a new charter for the City of Americus, approved April 13, 1992 (Ga. L. 1992, p. 5985), as amended, so as to remove a requirement for city manager; to lengthen the contract term allowed for city manager; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing a new charter for the City of Americus, approved April 13, 1992 (Ga. L. 1992, p. 5985), as amended, is amended by revising subsection (b) of Section 3-101 as follows:
"(b)(1) The city manager shall be appointed solely on the basis of executive and administrative qualifications. The city manager shall hold at least a bachelor's degree from a four-year college or university and shall have such other qualifications as may be determined by the city council. (2) The city may enter into an employment contract with the city manager for a term not to exceed four years. No such contract shall be automatically renewable, but any such contract may be renewed by mutual agreement of the city council and city manager. Any such contract may provide for a severance payment of salary and benefits to the city manager for a term to be agreed upon between the city and the city manager at the time the contract is executed, but any such severance payments shall only be payable in the event that the city manager is removed by the city without cause."

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 2021 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Americus, approved April 13, 1992 (Ga. L. 1992, p. 5985), as amended; and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Mike Cheokas, Representative from District 138, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Americus Times-Recorder, which is the official organ of Sumter County, on the 20th of January, 2021; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ MIKE CHEOKAS Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 1st of February, 2021, Before me:

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

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My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

__________

CITY OF PELHAM CITY COUNCIL; REDUCE SIZE; REVISE POWERS OF MAYOR; REVISE WHEN OFFICERS TAKE OFFICE; PLURALITY VOTE.

No. 52 (House Bill No. 357).

AN ACT

To amend an Act to provide a new charter for the City of Pelham, approved April 28, 2016 (Ga. L. 2016, p. 3859), so as to reduce the size of the city council; to revise the power of the mayor to vote at city council meetings; to revise when newly elected mayors or council members take office; to provide for election by plurality of votes; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide a new charter for the City of Pelham, approved April 28, 2016 (Ga. L. 2016, p. 3859), is amended by revising Section 2.10 as follows:

"SECTION 2.10. City council creation; number; election.

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

SECTION 2. Said Act is further amended by revising Section 2.19 as follows:

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"SECTION 2.19. Quorum; voting.

Four council members other than the mayor or the mayor and three council members shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances may be by oral vote, and the vote shall be recorded in the city council minutes of proceedings pursuant to Section 2.18 of this charter; but any member of the city council shall have the right to require a roll-call vote, and such vote shall be recorded in the city council minutes of proceedings pursuant to Section 2.18 of this charter. Except as otherwise provided in this charter, the affirmative vote of four council members or the mayor and three council members shall be required for the adoption of any ordinance, resolution, or motion."

SECTION 3. Said Act is further amended by revising paragraph (5) of Section 2.26 as follows:
"(5) Vote only in the case of a tie or when the mayor's affirmative or negative vote is necessary for a majority."

SECTION 4. Said Act is further amended by revising Section 5.11 as follows:

"SECTION 5.11. Regular elections; time for holding same.

(a) The council shall be composed of six members. Three council members shall be elected from District 1 and three council members shall be elected from District 2. Only those persons residing within a district shall be qualified to vote for candidates for the city council from such district.
(b)(1) Municipal general elections for the City of Pelham shall be conducted on the Tuesday next following the first Monday in November of each odd-numbered year. (2) Successors to council members whose terms of office are to expire shall be elected at the municipal general election immediately preceding the expiration of such terms, shall take office at the organization meeting held pursuant to Section 2.17 of this charter, and shall serve for terms of four years each and until their respective successors are elected and qualified. Each person seeking election from a council district shall designate the current district for which that person seeks election. (3) Every four years, the mayor of the City of Pelham shall be elected to take office at the organization meeting held pursuant to Section 2.17 of this charter and shall serve for a term of office of four years and until a successor is elected and qualified.
(4)(A) At the general municipal election in 2021, two council members from District 2 and one council member from District 1 shall be elected for four-year terms of office.

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(B) At the general municipal election in 2023, the mayor, two council members from District 1, and one council member from District 2 shall be elected for four-year terms of office. (c) The mayor and council members serving as such on July 1, 2021, shall continue to serve for the remainder of the terms to which they were elected."

SECTION 5. Said Act is further amended by revising Section 5.13 as follows:

"SECTION 5.13. Election by plurality.

(a) The mayor shall be elected by a plurality of the votes cast city wide. (b) City council members shall be elected by a plurality of the votes cast in that district in which they qualify. All candidates for each district shall be placed on the ballot for such district in alphabetical order. Those candidates receiving the most votes for the position or positions available in a particular district shall be elected."

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given at the request of the City of Pelham that there will be introduced in the regular 2021 session of the General Assembly of Georgia a bill to amend the charter of the City of Pelham with regard to the composition of the council and the conduct of elections.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Joe Campbell, Representative from District 171, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Enterprise-Journal, which is the official organ of Mitchell County, on the 3rd of February, 2021; 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/ JOE CAMPBELL Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

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CITY OF WRENS NEW CHARTER.

No. 53 (House Bill No. 225).

AN ACT

To provide a new charter for the City of Wrens; to provide for incorporation, boundaries, and powers of the city; to provide for the exercise of powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, prohibitions, election, terms, removal from office, method of filling vacancies, compensation, expenses, and qualifications; to provide for conflict of interest and holding other offices; to provide for inquiries and investigations; to provide for organization and meeting procedures; to provide for ordinances; to provide for eminent domain; to provide for codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for a veto;

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to provide for a mayor pro tempore; to provide for a city manager; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, city clerk, and other personnel; to provide for a comprehensive land use plan; to provide for the establishment of a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation, permits, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for contracting and purchasing; to provide for sale of city property; to provide for bonds for officials; to provide for pending matters; to provide for definitions and construction; to provide for severability; to provide for related matters; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Incorporation.

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

SECTION 1.11. Corporate boundaries.

(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the city hall and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Wrens, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps, which it is designated to replace.

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SECTION 1.12. Powers.

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

SECTION 1.13. Examples of powers and construction.

(a) The powers of the city shall include, but are not limited to, the power: (1) Animal Regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (2) Appropriations and Expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building Regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, fire safety, electrical, gas, and heating and air conditioning codes; and to regulate all housing, and building trades; (4) Business Regulation and Taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are now or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city;

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(8) Environmental Protection. To protect and preserve the natural resources, environment, and vital areas of the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of stormwater and establishment of a stormwater utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business in the city benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General Health, Safety, and Welfare. To define, regulate, and prohibit any act, practice, conduct or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail Sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city, to provide for commitment of such persons to any jail, to provide for the use of pretrial diversion and any alternative sentencing allowed by law, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal Agencies and Delegation of Power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal Debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia;

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(18) Municipal Property Ownership. To acquire, dispose of, lease, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the city, and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, stormwater management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and Zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (24) Police and Fire Protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a firefighting agency; (25) Public Hazards: Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public Improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, public grounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, other public utilities, public housing, airports, hospitals, terminals, docks, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (27) Public Peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (28) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public Utilities and Services. To grant franchises or make contracts for, or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided

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by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission; (30) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so; (33) Sewer Fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items; (35) Special Areas of Public Regulation. To regulate or prohibit junk dealers and the manufacture and sale of intoxicating liquors; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores to certain areas; (36) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law;

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(39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban Redevelopment. To organize and operate an urban redevelopment program; and (41) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.

SECTION 1.14. Exercise of powers.

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

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

The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. Councilmembers shall be elected at large by the voters of the city in accordance with the provisions of Article V of this charter. The mayor shall be elected as provided in Section 2.32 of this charter. The city council established shall in all respects be successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter. The

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mayor and city council in office on the effective date of this charter shall serve out the terms to which they were elected.

SECTION 2.11. City councilmembers; terms and qualifications for office.

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

SECTION 2.12. Vacancy; filling of vacancies; suspensions.

(a) Vacancies - The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of Vacancies - A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the city council or those members remaining if less than 14 months remains in the unexpired term. If such vacancy occurs 14 months or more prior to the expiration of the term of that office, it shall be filled for the remainder of the unexpired term by a special election, as provided for in Section 5.14 of this charter. (c) This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember.

SECTION 2.13. Compensation and expenses.

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

SECTION 2.14. Conflicts of interest; holding other offices.

(a) Fiduciary Capacity - Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents.

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(b) Conflict of Interest - No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction, or have a financial interest or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (2) Engage in or accept private employment, or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which that person is engaged without proper legal authorization; or use such information to advance the financial or other private interest of that person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to that person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which that person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which that person has a financial interest. (c) Disclosure - Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that person shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of Public Property - No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity.

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(e) Contracts Voidable and Rescindable - Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (f) Ineligibility of Elected Official - Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that person was elected. No former councilmember and no former mayor shall hold any compensated appointive office in the city until two years after the expiration of the term for which that official was elected. (g) Political Activities of Certain Officers and Employees - No appointed officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon qualifying for any public office in this city or upon qualifying for any other public office which is inconsistent, incompatible or in conflict with the duties of the city employee. Such determination shall be made by the mayor and council either immediately upon qualifying or at any time such conflict may arise. (h) Penalties for Violation.
(1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit that person's office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of five years thereafter.

SECTION 2.15. Inquiries and investigations.

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

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

(a) Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city. (b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and

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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 Wrens and may enforce such ordinances by imposing penalties for violation thereof.

SECTION 2.17. Eminent domain.

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

SECTION 2.18. Organizational meetings.

The city council shall hold an organizational meeting on the first Tuesday in January. The meeting shall be called to order by the mayor and the oath of office shall be administered to the newly elected members by an officer authorized to administer oaths and shall, to the extent that it comports with federal and state law, be as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of the City of Wrens for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interest of the City of Wrens to the best of my ability without fear, favor, affection, reward, or expectation thereof."

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SECTION 2.19. Regular and special meetings.

(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or any two members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting, except by unanimous consent of all members of the council. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.

SECTION 2.20. Rules of procedure; committees.

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

SECTION 2.21. Quorum; voting.

(a) Three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the minutes, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the minutes. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) No member of the city council shall abstain from voting on any matter properly brought before the council for official action except when such councilmember has a conflict of interest which is disclosed in writing prior to or at the meeting and made a part of the

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minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved.

SECTION 2.22. Ordinance form; procedures.

(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Wrens" and every ordinance shall so begin. (b) An ordinance may be introduced by the mayor or by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, that an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24 of this charter. Upon introduction of any ordinance, the city manager shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.

SECTION 2.23. Action requiring an ordinance.

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

SECTION 2.24. Emergencies.

(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or any two councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least four councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand

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repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.

SECTION 2.25. Codes of technical regulations.

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

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

(a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This codification shall be known and cited officially as "The Code of the City of Wrens, Georgia." Copies of the code of ordinances shall be furnished to all officers, departments, and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter,

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the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

SECTION 2.27. City manager; appointment; qualifications; compensation.

The city council shall appoint a city manager, also known as "the manager," for an indefinite term and shall fix the manager's compensation. The city manager shall be appointed solely on the basis of that person's executive and administrative qualifications.

SECTION 2.28. Removal of city manager.

(a) The city council may remove the manager from office in accordance with the following procedures:
(1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the manager; (2) Within five days after a copy of the resolution is delivered to the manager, the manager may file with the city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The manager may file with the council a written reply not later than five days before the hearing; and (3) If the manager has not requested a public hearing within the time specified in paragraph (2) of this subsection, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (b) The manager may continue to receive a salary until the effective date of a final resolution of removal.

SECTION 2.29. Acting city manager.

By letter filed with the city clerk, the city manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of city manager during the city manager's temporary absence or physical or mental

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disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or the city manager's disability shall cease.

SECTION 2.30. Powers and duties of the city manager.

The city manager shall be the chief administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge by or under this charter. As the chief administrative officer, the city manager shall:
(1) Appoint and, when the city manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the city manager appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any department director or 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 the city manager may not vote; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the city manager's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city, and make such recommendations to the city council concerning the affairs of the city as the city manager deems desirable; and (9) Perform other such duties as are specified in this charter or as may be required by the mayor and city council.

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SECTION 2.31. Council interference with administration.

Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. The city council shall act in all matters as a body and no member shall seek individually to influence the official acts of the city manager or any other officer or employee of the city, or direct or request the appointment of any person to, or his or her removal from, any office or position of employment, or to interfere in any way with the performance of the duties by the city manager or other officers or employees.

SECTION 2.32. Election of mayor; forfeiture.

The mayor shall be elected at large by the voters of the city and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months prior to the date of election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers.

SECTION 2.33. Mayor pro tem.

The city council at the first regular meeting after the newly elected councilmembers have taken office following each election shall elect a councilmember to serve as mayor pro tem. The mayor pro tem shall be elected by a majority vote of the city council. The mayor pro tem shall serve for a term of two years. The mayor pro tem shall assume the duties and powers of the mayor during the mayor's physical or mental disability, suspension from office, or absence. Any such disability of the mayor shall be declared by a majority vote of the city council. The mayor pro tem shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter. When acting as mayor, the mayor pro tem shall be entitled to vote as a member of the council.

SECTION 2.34. Powers and duties of mayor.

The mayor shall: (1) Preside at all meetings of the city council; (2) Exercise supervision over all administrative work of the city;

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(3) Be the head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the city and the chief advocate of policy; (4) Have the power to administer oaths and to take affidavits; (5) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, resolutions, and other instruments executed by the city which by law are required to be in writing; (6) Vote on matters before the city council only in the case of a tie vote between councilmembers; (7) Approve or disapprove resolutions and ordinances as provided in Section 2.35 of this charter; and (8) Perform such other duties as may be required by law, this charter, or by ordinance.

SECTION 2.35. Submission of ordinances to the mayor; veto power.

(a) Every resolution or ordinance adopted by the city council shall be presented by the city manager to the mayor within 96 hours after the adjournment of any council meeting. (b) The mayor, within seven calendar days of receipt of a resolution or ordinance, shall return it to the city manager with or without the mayor's approval, or with his or her veto. If the resolution or ordinance has been approved by the mayor, it shall become law upon its return to the city manager; if the resolution or ordinance is neither approved nor disapproved, it shall become law at 12:00 noon on the twelfth calendar day after its adoption by the city council; if the resolution or ordinance is vetoed, the mayor shall submit to the city council through the city manager a written statement explaining the reasons for the veto. The city manager shall record upon the resolution or ordinance the date of its delivery to and receipt from the mayor. (c) Resolutions or ordinances vetoed by the mayor shall be presented by the city manager to the city council at its next meeting. If the city council then or at its next meeting adopts the resolution or ordinance over the veto by an affirmative vote of four of its members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any resolution or ordinance, except appropriations for auditing or investigating the office of mayor. The approved part or parts of any resolution or ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the city council as provided in subsection (c) of this section. (e) The mayor shall not have the power to veto any emergency ordinance.

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

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

SECTION 3.11. Boards, commissions, and authorities.

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

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(f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of that member's office. (g) All members of boards, commissions, or authorities serve at-will and may be removed at any time by a majority vote of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chair and one member as vice-chair, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.

SECTION 3.12. City attorney.

(a) The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney. (b) The city attorney is not a public official of the city and does not take an oath of office. The city attorney shall at all times be an independent contractor. A law firm, rather than an individual, may be designated as the city attorney.

SECTION 3.13. City clerk.

The city council shall appoint a city clerk who shall not be the mayor or a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; attend meetings of the city council and keep minutes of its proceedings at such meetings; and perform such other duties as may be required by the city council. With the approval of the city council, the city manager may serve as the city clerk.

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SECTION 3.14. Position classification and pay plan.

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

SECTION 3.15. Personnel policies.

The city council shall adopt by ordinance a personnel policy and procedure manual. All employees shall be governed by the city's personnel policy and procedure manual.

ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.

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

SECTION 4.11. Chief judge; associate judge.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge of the municipal court unless that person shall have attained the age of 25 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve as provided in Code Section 36-32-2 of the O.C.G.A. and may be removed from office in accordance with Code Section 36-32-2.1 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council.

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SECTION 4.12. Convening.

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

SECTION 4.13. Jurisdiction; powers.

(a) The municipal court shall have jurisdiction and authority to try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 12 months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.

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SECTION 4.14. Certiorari.

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

SECTION 4.15. Rules for court.

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

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

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

SECTION 5.11. Election of the city council and mayor.

(a) There shall be a municipal general election biennially in the odd years on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor and two councilmembers at one election and at every other election thereafter. The remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created. Terms shall be for four years.

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SECTION 5.12. Nonpartisan elections.

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

SECTION 5.13. Election by plurality.

The person receiving a plurality of the votes cast for any city office shall be elected.

SECTION 5.14. Special elections; vacancies.

In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that if such vacancy occurs within 14 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

SECTION 5.15. Other provisions.

Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 5.16. Removal of officers.

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

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notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Jefferson County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Jefferson County following a hearing on a complaint seeking such removal brought by any resident of the City of Wrens.

ARTICLE VI FINANCE
SECTION 6.10. Property tax.

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

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

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

SECTION 6.12. Occupation and business taxes.

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

SECTION 6.13. Regulatory fees; permits.

The city council by ordinance shall have the power to require businesses or practitioners doing business in this city to obtain a permit for such activity from the city and pay a

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regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity, and if unpaid, shall be collected as provided in Section 6.18 of this charter.

SECTION 6.14. Franchises.

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

SECTION 6.15. Service charges.

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

SECTION 6.16. Special assessments.

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

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SECTION 6.17. Construction; other taxes and fees.

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

SECTION 6.18. Collection of delinquent taxes and fees.

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

SECTION 6.19. General obligation bonds.

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

SECTION 6.20. Revenue bonds.

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

SECTION 6.21. Short-term loans.

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

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SECTION 6.22. Lease-purchase contracts.

The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.

SECTION 6.23. Fiscal year.

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

SECTION 6.24. Preparation of budgets.

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

SECTION 6.25. Operating budget.

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

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SECTION 6.26. Action by city council on budget.

(a) The city council may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than December 31 of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable.

SECTION 6.27. Tax levies.

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

SECTION 6.28. Changes in appropriations.

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

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SECTION 6.29. Capital budget.

(a) On or before the date fixed by the city council but no later than thirty days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than December 31 of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the city manager may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.

SECTION 6.30. Independent audit.

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

SECTION 6.31. Contracting procedures.

No contract with the city shall be binding on the city unless it is in writing and it is made or authorized by the city council and such approval is entered in the city council minute book pursuant to Section 2.21 of this charter.

SECTION 6.32. Centralized purchasing.

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

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SECTION 6.33. Sale and lease of city property.

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

ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.

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

SECTION 7.11. Existing ordinances, resolutions, rules, and regulations.

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

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SECTION 7.12. Pending matters.

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

SECTION 7.13. Construction.

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

SECTION 7.14. Severability.

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

SECTION 7.15. Specific repealer.

An Act incorporating the City of Wrens in the County of Jefferson, approved December 17, 1901 (Ga. L. 1901, p. 722), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety.

SECTION 7.16. General repealer.

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

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NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the 2021 regular session of the General Assembly of Georgia a bill to enact a new charter for the City of Wrens and to repeal the existing charter approved December 17, 1991 (Ga. L. 1901, p. 722), as amended, 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/The Jefferson Reporter, which is the official organ of Jefferson County, on the 31st of December, 2020; 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/ BRIAN PRINCE Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 1st of February, 2021, Before me:

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

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My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

__________

JONES COUNTY JONES COUNTY PUBLIC FACILITIES AUTHORITY; CREATE.

No. 54 (House Bill No. 253).

AN ACT

To create the Jones County Public Facilities Authority; to provide for the appointment of members of the authority; to provide for a short title; to confer powers upon the authority; to provide for purpose and scope of operations of the authority; to provide for definitions; 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 provide for moneys received and trust funds; to provide for tort immunity; to provide for tax exemption, rates, charges, and revenues; to provide for effect on other governments; to provide for construction of this Act and severability; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Short title.

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

SECTION 2. Jones County Public Facilities Authority.

(a) There is hereby created a public body corporate and politic to be known as the "Jones County Public Facilities Authority," which shall be deemed to be an instrumentality 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 Jones County. Members of the Board of Commissioners of Jones County

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may be appointed to the authority. 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 and a resident of Jones 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. The county administrator and finance director for the county shall serve as ex officio members of the authority and shall act as nonvoting members. (c) The board of commissioners of the county may provide by resolution for compensation for the services of the members of the authority in such amounts as the board of commissioners deem appropriate; provided, however, that such members shall be reimbursed for their actual expense necessarily incurred in the performance of their duties. (d) The members of the authority shall elect one of their number as chairperson and another as vice chairperson. The members of the authority shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary and treasurer are not members of the authority, such officers shall have no voting rights; and each 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 Jones County Public Facilities Authority created by this Act. (2) "County" means Jones County, 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 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

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authorized in this Act; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (4) "Project" means all buildings, facilities, and equipment necessary or convenient for the efficient operation of the county, the Jones County School System, or any municipality within the county, or any department, agency, division, or commission thereof permitted by the Revenue Bond Law or this Act. (5) "Revenue Bond Law" means Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." (6) "Revenue bonds" means revenue bonds authorized to be issued pursuant to the Revenue Bond Law or this Act. (7) "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 herewith, 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. (8) "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)(a) 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; (b) 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

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money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (3) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their respective compensations; (4) 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, Jones County, the Jones County School District, and any other political subdivision or municipal corporation of the State of Georgia located in Jones 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; (5) To acquire, construct, add to, extend, improve, equip, hold, operate, maintain, lease, and dispose of projects; (6) 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 agency or instrumentality thereof or from this state or any agency or any instrumentality or other political subdivision thereof or from any other source whatsoever; (7) To accept loans or grants of money, 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; (8) To accept loans or grants of money, materials, or property of any kind from this state or any agency or instrumentality or political subdivision or municipal corporation thereof, upon such terms and conditions as this state or such agency or instrumentality or political subdivision or municipal corporation may require; (9) 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; (10) 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; (11) To prescribe rules, regulations, service policies, and procedures for the operation of any project; (12) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business is transacted; and (13) To do all things necessary or convenient to carry out the powers expressly given in this Act.

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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, pursuant to this Act, 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 a project and for the purpose of refunding revenue bonds or other obligations previously issued; provided, however, that no such revenue bonds shall be issued to finance a project for the Jones County School District or any other political subdivision or municipal corporation of the state located within Jones County other than Jones County without the approval of the board of commissioners. Revenue bonds shall be undertaken, issued, priced, validated, sold, paid, redeemed, refunded, secured, and replaced in accordance with the provisions of this Act.

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 such 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, special, or adjourned meeting of the authority by a majority of its members present and voting.

SECTION 7. Credit not pledged.

Revenue bonds of the authority shall not be deemed to constitute a debt of Jones County, the Jones County School System, any municipality located within the county, or the State of Georgia, nor a pledge of the faith and credit of this state or 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 this state or such county to levy or 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 to enter into an intergovernmental contract pursuant to which the political subdivision agrees to pay amounts sufficient to pay operating charges and other costs of the

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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. Trust indenture as security; remedies of bondholders.

Any holder of revenue bonds and the trustee under the trust indenture, if any, except to the extent that the rights given herein 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 10. Trust indenture as security; 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 Jones County, the Jones County School System, or any municipality within the county, party defendant to such action if such government 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,

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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 11. 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 12. 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 may 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.

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SECTION 13. 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 Jones County, and any action pertaining to validation of any revenue bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.

SECTION 14. 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 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 of this Act, shall constitute a contract with the holders of such revenue bonds.

SECTION 15. 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 16. Purpose of the authority; reversion upon dissolution.

(a) The authority is created for the purpose of promoting the public good and general welfare of the citizens of the Jones County, and financing and providing facilities, equipment, and services within the county, for sale to, lease or sublease to, ownership, or operation by the county, county school district, or any municipality located within the county, as otherwise authorized by law. (b) Upon the dissolution of the authority, all assets owned by the authority shall become the property of the county.

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SECTION 17. 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 18. Tort immunity.

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

SECTION 19. 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 to the extent permitted by and in accordance with the general laws of the state.

SECTION 20. Effect on other governments.

This Act shall not and does not in any way take from Jones County, the Jones County School System, or any county or municipal corporation the authority 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 various political subdivisions of this state and its inhabitants, shall be liberally construed to effect the purposes hereof.

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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. General repealer.

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

PUBLIC NOTICE Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to create the Jones County Public Facilities Authority, and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Susan Holmes, Representative from District 129, 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 Jones County News, which is the official organ of Jones County, on the 21st of January, 2021; 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/ SUSAN HOLMES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 2nd of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

__________

CITY OF SARDIS NEW CHARTER.

No. 55 (House Bill No. 331).

AN ACT

To provide a new charter for the City of Sardis; to provide for incorporation, boundaries, and powers of the city; to provide for the exercise of powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, prohibitions, election, terms, removal from office, method of filling vacancies, compensation, expenses, and qualifications; to provide for conflict of interest and holding other offices; to provide for inquiries and investigations; to provide for organization and meeting procedures; to provide for ordinances; to provide for eminent domain; to provide for codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for veto power; to provide for a mayor pro tempore; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, city clerk, and other personnel; to provide for a comprehensive land use plan; to provide for the establishment of a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation, permits, and fees; to provide for franchises, service

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charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for contracting and purchasing; to provide for sale of city property; to provide for bonds for officials; to provide for pending matters; to provide for definitions and construction; to provide for severability; to provide for related matters; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I. INCORPORATION AND POWERS
SECTION 1.10. Incorporation.

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

SECTION 1.11. Corporate boundaries.

(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the city hall and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Sardis, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps, which it is designated to replace.

SECTION 1.12. Powers and construction.

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

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(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.

SECTION 1.13. Examples of powers.

The powers of the city shall include, but are not limited to: (1) Animal Regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (2) Appropriations and Expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building Regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, fire safety, electrical, gas, and heating and air conditioning codes; and to regulate all housing, and building trades; (4) Business Regulation and Taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are now or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental Protection. To protect and preserve the natural resources, environment, and vital areas of the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of storm-water and establishment of a storm-water utility, the

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management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business in the city benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General Health, Safety, and Welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail Sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city, to provide for commitment of such persons to any jail, to provide for the use of pretrial diversion and any alternative sentencing allowed by law, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal Agencies and Delegation of Power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal Debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal Property Ownership. To acquire, dispose of, lease, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city;

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(19) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the city, and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, storm-water management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and Zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (24) Police and Fire Protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a firefighting agency; (25) Public Hazards: Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public Improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, public grounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, other public utilities, public housing, airports, hospitals, terminals, docks, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (27) Public Peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (28) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public Utilities and Services. To grant franchises or make contracts for, or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission;

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(30) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so; (33) Sewer Fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items; (35) Special Areas of Public Regulation. To regulate or prohibit junk dealers and the manufacture and sale of intoxicating liquors; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores to certain areas; (36) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To 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

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liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban Redevelopment. To organize and operate an urban redevelopment program; and (41) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.14. Exercise of powers.

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

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

The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. Councilmembers shall be elected at large by the voters of the city in accordance with the provisions of Article V of this charter. The mayor shall be elected as provided in Section 2.28 of this charter. The city council established shall in all respects be the successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.

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SECTION 2.11. City councilmembers; terms and qualifications for office.

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

SECTION 2.12. Vacancy; filling of vacancies; suspensions.

(a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the city council or those members remaining if less than 14 months remains in the unexpired term. If such vacancy occurs 14 months or more prior to the expiration of the term of that office, it shall be filled for the remainder of the unexpired term by a special election, as provided for in Section 5.14 of this charter. (c) This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember.

SECTION 2.13. Compensation and expenses.

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

SECTION 2.14. Conflicts of interest; holding other offices.

(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction, or have a financial interest or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of that person's judgment or action in the performance of that person's official duties;

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(2) Engage in or accept private employment, or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which that person is engaged without proper legal authorization; or use such information to advance the financial or other private interest of that person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to that person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which that person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which that person has a financial interest. (c) Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that person shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (f) Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that person was elected. No former councilmember and no former mayor shall hold any compensated appointive

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office in the city until two years after the expiration of the term for which that official was elected. (g) No appointed officer or employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any city public office. No employee of the city shall continue in such employment upon qualifying for any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and council either immediately upon qualifying or at any time such conflict may arise. (h) Penalties for Violation.
(1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit that person's office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of five years thereafter.

SECTION 2.15. Inquiries and investigations.

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

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

(a) Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city. (b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Sardis and may enforce such ordinances by imposing penalties for violation thereof.

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SECTION 2.17. Eminent domain.

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

SECTION 2.18. Organizational meetings.

The city council shall hold an organizational meeting on the second Tuesday in January. The meeting shall be called to order by the mayor and the oath of office shall be administered to the newly elected members by an officer authorized to administer oaths and shall, to the extent that it comports with federal and state law, be as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of the City of Sardis for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interest of the City of Sardis to the best of my ability without fear, favor, affection, reward, or expectation thereof."

SECTION 2.19. Regular and special meetings.

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

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

SECTION 2.20. Rules of procedure; committees.

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

SECTION 2.21. Quorum; voting.

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

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SECTION 2.22. Ordinance form; procedures.

(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Sardis" and every ordinance shall so begin. (b) An ordinance may be introduced by the mayor or by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, that an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24 of this charter. Upon introduction of any ordinance, the city clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.

SECTION 2.23. Action requiring an ordinance.

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

SECTION 2.24. Emergencies.

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

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(b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.

SECTION 2.25. Codes of technical regulations.

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

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

(a) The city clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose, all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This codification shall be known and cited officially as "Code of Ordinances, City of Sardis, Georgia." Copies of the Code of Ordinances shall be furnished to all officers, departments, and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and

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distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

SECTION 2.27. Council interference with administration.

Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the mayor solely through the mayor, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. The city council shall act in all matters as a body and no member shall seek individually to influence the official acts of the mayor or any other officer or employee of the city, or direct or request the appointment of any person to, or his removal from, any office or position of employment, or to interfere in any way with the performance of the duties by the mayor or other officers or employees.

SECTION 2.28. Election of mayor; forfeiture.

The mayor shall be elected at large by the voters of the city and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months prior to the date of election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers.

SECTION 2.29. Mayor pro tem.

The city council at the first regular meeting after the newly elected councilmembers have taken office following each election shall elect a councilmember to serve as mayor pro tem. The mayor pro tem shall be elected by a majority vote of the city council. The mayor pro tem shall serve for a term of two years. The mayor pro tem shall assume the duties and powers of the mayor during the mayor's physical or mental disability, suspension from office or absence. Any such disability of the mayor shall be declared by a majority vote of the city council. The mayor pro tem shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter. When acting as mayor, the mayor pro tem shall be entitled to vote as a member of the council.

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SECTION 2.30. Powers and duties of mayor.

The mayor shall: (1) Preside at all meetings of the city council; (2) Appoint and, when the mayor deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the mayor appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The mayor may authorize any department director or administrative officer who is subject to the mayor's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (3) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the mayor or by officers subject to the mayor's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) 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 mayor deems desirable; (8) Be the head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the city and the chief advocate of policy; (9) Have the power to administer oaths and to take affidavits; (10) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, resolutions, and other instruments executed by the city which by law are required to be in writing; (11) Vote on matters before the city council only in the case of a tie vote between councilmembers; (12) Approve or disapprove resolutions and ordinances as provided in Section 2.31 of this charter; and (13) Perform such other duties as may be required by law, this charter, or by ordinance.

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

(a) Every resolution or ordinance adopted by the city council shall be presented by the city clerk to the mayor within 96 hours after the adjournment of any council meeting. (b) The mayor, within seven calendar days of receipt of a resolution or ordinance, shall return it to the city clerk with or without the mayor's approval, or with his veto. If the

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resolution or ordinance has been approved by the mayor, it shall become law upon its return to the city clerk; if the resolution or ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the twelfth calendar day after its adoption by the city council; if the resolution or ordinance is vetoed, the mayor shall submit to the city council through the city clerk a written statement explaining the reasons for the veto. The city clerk shall record upon the resolution or ordinance the date of its delivery to and receipt from the mayor. (c) Resolutions or ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting. If the city council then or at its next meeting adopts the resolution or ordinance over the veto by an affirmative vote of four of its members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any resolution or ordinance, except appropriations for auditing or investigating the office of mayor. The approved part or parts of any resolution or ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The reduced part or parts shall be presented to city council as though disapproved and shall not become law unless overridden by the city council as provided in subsection (c) of this section. (e) The mayor shall not have the power to veto any emergency ordinance.

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

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

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SECTION 3.11. Boards, commissions, and authorities.

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

SECTION 3.12. City attorney.

(a) The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city

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concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney. (b) The city attorney is not a public official of the city and does not take an oath of office. The city attorney shall at all times be an independent contractor. A law firm, rather than an individual, may be designated as the city attorney.

SECTION 3.13. City clerk.

The city council shall appoint a city clerk who shall not be the mayor or a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; attend meetings of the city council and keep minutes of its proceedings at such meetings; and perform such other duties as may be required by the city council.

SECTION 3.14. Position classification and pay plan.

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

SECTION 3.15. Personnel policies.

The city council shall adopt by ordinance a personnel policy and procedure manual. All employees shall be governed by the city's personnel policy and procedure manual.

ARTICLE IV. JUDICIAL BRANCH
SECTION 4.10. Creation; name.

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

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SECTION 4.11. Chief judge; associate judge.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on municipal court unless that person shall have attained the age of 25 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve as provided in Code Section 36-32-2 of the O.C.G.A. and may be removed from office in accordance with Code Section 36-32-2.1 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality.

SECTION 4.12. Convening.

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

SECTION 4.13. Jurisdiction; powers.

(a) The municipal court shall have jurisdiction and authority to try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 12 months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge

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

SECTION 4.14. Certiorari.

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

SECTION 4.15. Rules for court.

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

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

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

SECTION 5.11. Election of the city council and mayor.

(a) There shall be a municipal general election biennially in the odd years on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor and two councilmembers at one election and at every other election thereafter. The remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created. Terms shall be for four years.

SECTION 5.12. Nonpartisan elections.

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

SECTION 5.13. Election by plurality.

The person receiving a plurality of the votes cast for any city office shall be elected.

SECTION 5.14. Special elections; vacancies.

In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that if such vacancy occurs within 14 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

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SECTION 5.15. Other provisions.

Except as otherwise provided by this charter, the city council shall by ordinance prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."

SECTION 5.16. Removal of officers.

(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Burke County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Burke County following a hearing on a complaint seeking such removal brought by any resident of the City of Sardis.

ARTICLE VI. FINANCE
SECTION 6.10. Property tax.

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

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

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

SECTION 6.12. Occupation and business taxes.

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

SECTION 6.13. Regulatory fees; permits.

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

SECTION 6.14. Franchises.

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

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street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.

SECTION 6.15. Service charges.

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

SECTION 6.16. Special assessments.

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

SECTION 6.17. Construction; other taxes and fees.

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

SECTION 6.18. Collection of delinquent taxes and fees.

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

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SECTION 6.19. General obligation bonds.

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

SECTION 6.20. Revenue bonds.

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

SECTION 6.21. Short-term loans.

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

SECTION 6.22. Lease-purchase contracts.

The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.

SECTION 6.23. Fiscal year.

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

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SECTION 6.24. Preparation of budgets.

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

SECTION 6.25. Operating budget.

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

SECTION 6.26. Action by city council on budget.

(a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the 31st day of December of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or

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

SECTION 6.27. Tax levies.

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

SECTION 6.28. Changes in appropriations.

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

SECTION 6.29. Capital budget.

(a) On or before the date fixed by the city council but no later than 30 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the 31st day of December of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.

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SECTION 6.30. Independent audit.

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

SECTION 6.31. Contracting procedures.

No contract with the city shall be binding on the city unless it is in writing and it is made or authorized by the city council and such approval is entered in the city council minute book pursuant to Section 2.21 of this charter.

SECTION 6.32. Centralized purchasing.

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

SECTION 6.33. Sale and lease of city property.

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

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all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

ARTICLE VII. GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.

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

SECTION 7.11. Existing ordinances, resolutions, rules, and regulations.

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

SECTION 7.12. Pending matters.

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

SECTION 7.13. Construction.

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

SECTION 7.14. Severability.

If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect

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or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.

SECTION 7.15. Specific repealer.

An Act incorporating the City of Sardis in the County of Burke, approved April 15, 1969 (Ga. L. 1969, p. 2727), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety.

SECTION 7.16. General repealer.

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

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the 2021 regular session of the General Assembly of Georgia a bill to enact a new charter for the City of Sardis and to repeal the existing charter approved April 15, 1969 (Ga. L. 1969, p. 2727), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Gloria Frazier, Representative from District 126, 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 True Citizen, which is the official organ of Burke County, on the 9th of December, 2020; 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/ GLORIA FRAZIER Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

__________

CITY OF EDISON NEW CHARTER.

No. 56 (House Bill No. 361).

AN ACT

To provide a new charter for the City of Edison; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a city council and the powers, duties, authority, election, terms, removal from office, method of filling vacancies, compensation, expenses, and qualifications of members of such city council; to provide for conflicts of interest and holding other offices; to provide for inquiries and investigations; to provide for eminent domain; to provide for organization and procedures; to provide for regular and special meetings; to provide for rules of procedure, quorum, and voting by commission; to provide for ordinances; to provide for emergencies; to provide for codes of technical regulations; to provide for signing, recording, authentication, codification, and printing of ordinances; to provide for administrative responsibilities; to provide for the office of mayor and certain duties and powers thereto; to

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provide for a mayor pro tempore; to provide for administrative departments; to provide for boards, commissions, and authorities; to provide for a city attorney and city clerk; to provide for personnel policies; to provide for the establishment of a municipal court and the judge or judges thereof; to provide for jurisdiction, powers, and appeals from the municipal court; to provide for practices and procedures; to provide for court fees; to provide for procedures for municipal elections; to provide for taxation, permits, and fees; to provide for franchises, service charges, and assessments; to provide for collection of delinquent taxes and fees; to provide for bonded and other indebtedness; to provide for multiyear contacts; to provide for accounting and budgeting; to provide a millage rate cap; to provide for contracting and purchasing; to provide for bonds for officials; to provide for prior ordinances, existing personnel, and pending matters; to provide for definitions and construction; to provide for severability; to provide for related matters; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I. INCORPORATION AND POWERS
SECTION 1.10. Incorporation.

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

SECTION 1.11. Corporate boundaries.

(a) The boundaries of the city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of the city at all times shall be shown on a map to be retained permanently in the City of Edison city hall and to be identified by the city clerk as the "Official Map of the Corporate Limits of the City of Edison, Georgia." A photographic, typed, or other copy of such map or description certified by the City of Edison shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

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SECTION 1.12. Powers and construction.

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

SECTION 1.13. Example of powers.

Unless otherwise preempted by federal or state law, the corporate powers of the city may include, but are not limited to, the following:
(1) Animal Regulations. To regulate and license or to prohibit the keeping or running of at-large animals and fowl, and to provide for the impoundment of the same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder. (2) Appropriations and Expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter or for municipalities by the laws of the State of Georgia; and to provide for the payment of expenses of the city. (3) Building Regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades. (4) Business Regulation and Taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees. (5) Condemnation. To condemn property inside or outside the corporate limits of the city for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures as the same shall exist from time to time as provided by the O.C.G.A. (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 within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city. (8) Environmental Protection. To protect and preserve the natural resources, environment, and vital areas of the city through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment. (9) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations consistent with general law relating to fire prevention and detection and to firefighting; and to prescribe penalties and punishment for violations thereof. (10) Garbage Fees and Solid Waste Disposal. To levy, fix, assess, and collect a garbage, refuse, rubbish, and trash collection and disposal fee and other sanitary service charge as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefitting from such services or to whom such services are available; to enforce the payment of such charges, taxes, or fees; to provide for the manner and method of collecting such service charges; 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. (11) General Health, Safety, and Welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards. (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose. (13) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (14) Jail Sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials. (15) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city. (16) Municipal Agencies and Delegation of Power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon

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such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same. (17) Municipal Debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter and the laws of the State of Georgia. (18) Municipal Property Ownership. To acquire, dispose of, lease, option, and hold in trust or otherwise accept or transfer an interest in any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city. (19) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof. (20) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television, and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same. (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property. (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia. (23) Planning and Zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community. (24) Police and Fire Protection. To exercise the power of arrest through duly appointed police and to establish, operate, or contract for a police and a firefighting agency. (25) Removal of Public Hazards. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public. (26) Public Improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detention, penal and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under procedures provided by the O.C.G.A. as the same shall exist from time to time. (27) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances. (28) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial.

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(29) Public Utilities and Services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as the same are not in conflict with valid regulations of the Public Service Commission. (30) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances. (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city. (32) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, provide drainage for, adorn with shade trees or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so. (33) Sewer Fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sanitary sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system. (34) Special Areas of Public Regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and flammable materials, the use of lighting and hearing equipment, and any other business or situation which the city may deem to be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders and theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors. (35) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements. (36) Taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; to levy and collect such other taxes as may be allowed now or in the future by law.

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(37) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles. (38) Urban Redevelopment. To organize and operate an urban redevelopment program. (39) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.14. Exercise of powers.

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

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

The legislative authority of the government of the city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmembers. Councilmembers shall be elected to individual posts numbered 1 through 4, respectively. The city council shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.

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SECTION 2.11. City council terms and qualifications for office.

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

SECTION 2.12. Vacancies.

(a) The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; provided, however, that the office of mayor or councilmember shall become vacant upon the unexcused absence of the holder of the office from four consecutive regularly scheduled meetings of the city council. Excused absences shall be granted by a majority vote of the remaining city councilmembers and the mayor and shall be entered upon the minutes of the council meeting. (b) A vacancy in the office of mayor shall be filled for the remainder of the unexpired term, if any, by appointment of the remaining councilmembers if less than 12 months remain on the unexpired term and otherwise shall be filled by an election as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A. or such other laws as are or may hereafter be enacted. (c) A vacancy in the office of councilmember shall be filled for the remainder of the unexpired term, if any, by appointment of the remaining councilmembers.

SECTION 2.13. Compensation and expenses.

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

SECTION 2.14. Conflicts of interest.

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

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SECTION 2.15. Inquiries and investigations.

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

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

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

SECTION 2.17. Eminent domain.

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

SECTION 2.18. Organizational meetings.

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

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qualified to hold the office which I am about to enter according to the Constitution and laws of Georgia; that I will support the Constitutions of the United States and the State of Georgia; that I have been a resident of the post from which elected and the City of Edison for the time required by the Constitution and laws of the State of Georgia and the charter of the City of Edison."

SECTION 2.19. Regular and special meetings.

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

SECTION 2.20. Rules of procedure.

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

SECTION 2.21. Quorum; voting.

Three councilmembers other than the mayor shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by oral vote, and the vote shall be recorded in the journal; provided, however, that any member of the city council shall have the right to request a roll call vote, and such vote

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shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. The mayor shall vote only in the event of a tie. An abstention shall not be counted as either an affirmative or negative vote.

SECTION 2.22. Ordinance form; procedures.

(a) Except as herein provided, every official action of the city council which is to become law shall be by ordinance. Each proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Edison," and every ordinance shall so begin. (b) An ordinance may be introduced by a councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish. All ordinances shall have two separate readings; provided, however, that the city council may dispense with the second reading with unanimous consent of the members present. Emergency ordinances, as provided in Section 2.24, may be adopted on the same day that they are introduced without dispensing with the second reading. Upon introduction of any ordinance, the city clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the city clerk and at such other public places as the city council may designate.

SECTION 2.23. Action requiring an ordinance.

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

SECTION 2.24. Emergencies.

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

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

SECTION 2.25. Codes of technical regulations.

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

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

(a) The city clerk shall authenticate by the clerk's signature and record in full, in a properly indexed book kept for that purpose, all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Edison, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments

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

SECTION 2.27. Chief executive officer.

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

SECTION 2.28. Powers and duties of mayor.

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

SECTION 2.29. Mayor pro tempore.

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

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

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

SECTION 3.11. Boards, commissions, and authorities.

(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for the original appointment, except as otherwise provided by this charter or by law. (e) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the city clerk an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance and administered by the mayor.

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(f) All board members serve at will and may be removed at any time by a vote of three members of the city council unless otherwise provided by law. (g) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its 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, consistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the city clerk.

SECTION 3.12. City attorney.

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

SECTION 3.13. City clerk.

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

SECTION 3.14. Personnel policies.

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

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ARTICLE IV. JUDICIAL BRANCH
SECTION 4.10. Municipal court; creation.

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

SECTION 4.11. Judges of the municipal court.

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

SECTION 4.12. Convening.

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

SECTION 4.13. Jurisdiction; powers.

(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $500 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000 or imprisonment for 180 days, or other such fine and imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law.

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

SECTION 4.14. Certiorari.

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

SECTION 4.15. Rules of court.

With the approval of the city council, the judge of the municipal court shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in total the rules and regulations applicable to municipal

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courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.

SECTION 4.16. Indigent defense and prosecutor.

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

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

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

SECTION 5.11. Regular elections.

Beginning in 2021, and every four years thereafter, on the Tuesday following the first Monday in November, there shall be an election for mayor and councilmembers for Posts 1 and 2. Beginning in 2023, and every four years thereafter, on the Tuesday following the first Monday in November, there shall be an election for councilmembers for Posts 3 and 4. The terms of office for officers elected at such time shall begin at the organizational meeting as provided for in Section 2.18.

SECTION 5.12. Nonpartisan elections.

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

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SECTION 5.13. Election by majority.

The person receiving a majority of the votes cast for any city office shall be elected.

SECTION 5.14. Special elections.

In the event that the office of mayor shall become vacant as provided in Section 2.12 of this charter, the city council shall order a special election to fill the remainder of the unexpired term of the mayor; provided, however, that if such vacancy occurs within 12 months of the expiration of the term of that office, the city council shall appoint a successor for the mayor for the remainder. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

SECTION 5.15. Other provisions.

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

SECTION 5.16. Removal of officers.

(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) By vote of three councilmembers or by the mayor and two councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as provided in this paragraph shall have the right of appeal from the decision of the city council to the Superior Court of Calhoun County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court, or

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(2) By an order of the Superior Court of Calhoun County following a hearing on a complaint seeking such removal brought by any resident of the City of Edison.

ARTICLE VI. FINANCE
SECTION 6.10. Property tax.

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

SECTION 6.11. Millage rate; due dates; method of payment.

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

SECTION 6.12. Occupation and business taxes.

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

SECTION 6.13. Regulatory fees and 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 for regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter.

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SECTION 6.14. Franchises.

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

SECTION 6.15. Service charges.

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

SECTION 6.16. Special assessments.

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

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SECTION 6.17. Construction; other taxes and fees.

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

SECTION 6.18. Collection of delinquent taxes and fees.

(a) The city council shall have the power and authority to provide by ordinance for the collection from delinquent taxpayers, in addition to all other sums, the costs of collection and the costs of levy preparation and execution procedures and to add such sums to the amounts due on tax executions. The costs of levy preparation and execution procedures shall include, but shall not be limited to, the costs of title searches, name and address verifications, legal fees, and all other levy and enforcement costs. (b) The city council shall have the power and authority to provide by ordinance for the employment by the city clerk of agencies to assist in the collection of delinquent taxes and in tax execution levy preparation and enforcement procedures, to provide for the payment of the costs of such agencies by the delinquent taxpayer, and to provide for the costs of such agencies to be added to the amounts due on tax executions. (c) Executions for any and all taxes or licenses, or demands of any sort due the city or its corporate authorities by any person, firm or corporation, or against any property subject thereto, shall be issued by the city clerk, be signed by him or her, bear teste in the name of the mayor, and be directed to the chief of police of said city and his or her deputies and all or singular sheriffs, deputy sheriffs, and constables of this state. (d) Except as otherwise provided by this charter, all executions issued by the city clerk for taxes, license fees, special assessments, fines, or forfeitures due the city shall be governed by the laws governing executions for state and county taxes and shall be subject to all presumptions of law and fact which apply to executions for state and county taxes.

SECTION 6.19. General obligation bonds.

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

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SECTION 6.20. Revenue bonds.

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

SECTION 6.21. Short-term loans.

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

SECTION 6.22. Lease-purchase contracts.

The city may enter into multiyear leases or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided that the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of O.C.G.A. 36-60-13 or other such applicable laws as are or may hereafter be enacted.

SECTION 6.23. Fiscal year.

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

SECTION 6.24. Preparation of budgets.

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

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SECTION 6.25. Submission of budget to city council.

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

SECTION 6.26. Action by city council on budget.

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

SECTION 6.27. Tax levies.

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

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

SECTION 6.28. Changes in appropriations.

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

SECTION 6.29. Independent audit.

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

SECTION 6.30. Contracting procedures.

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

SECTION 6.31. Centralized purchasing.

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

SECTION 6.32. Sale and lease of city property.

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

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

ARTICLE VII. GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.

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

SECTION 7.11. Prior ordinances.

All ordinances, resolutions, rules, and regulations now in force in the city and consistent with this charter are hereby declared valid and of full force and effect until amended or repealed by the city council.

SECTION 7.12. Existing personnel and officers.

Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect 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 appointive officers required or

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

SECTION 7.13. Pending matters.

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

SECTION 7.14. Construction.

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

SECTION 7.15. Severability.

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

SECTION 7.16. Specific repealer.

An Act to provide a new charter for the City of Edison, Georgia in the County of Calhoun, approved April 17, 1975, (Ga. L. 1975, p. 3489), is hereby repealed in its entirety; and all amendatory acts thereto are likewise repealed in their entirety.

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

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to provide a new charter for the City of Edison; 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 Calhoun County, on the 29th of January, 2021; 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 9th of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

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Approved May 3, 2021.

__________

CITY OF BREMEN HOTEL/MOTEL TAX.

No. 57 (House Bill No. 375).

AN ACT

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

SECTION 2. The enactment of this Act is subsequent to the adoption of Resolution No. 2021-R002 by the governing authority of the City of Bremen on January 21, 2021, 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 Bremen:
(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 Bremen or by such other entity already authorized to administer tourism funds

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pursuant to existing contract as specified in paragraph (2) of subsection (e) of Code Section 48-13-51 of the O.C.G.A.; and (2) 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 2021 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Bremen 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, Tyler Smith, Representative from District 18, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Times-Georgia, which is the official organ of Carroll County, on the 4th of February, 2021; 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/ TYLER SMITH Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 9th of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Bremen 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, Tyler Smith, Representative from District 18, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Gateway Beacon, which is the official organ of Haralson County, on the 4th of February, 2021; 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/ TYLER SMITH Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 9th of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

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CARROLL COUNTY BOARD OF EDUCATION; COMPOSITION OF BOARD; MANNER OF APPOINTMENT; TERMS OF OFFICE.

No. 58 (House Bill No. 456).

AN ACT

To amend an Act providing for the Carroll County Board of Elections, approved April 29, 1997 (Ga. L. 1997, p. 4592), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3592), so as to expand the board from three to five members; to provide for appointments to the board; to provide for terms of the additional board members; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing for the Carroll County Board of Elections, approved April 29, 1997 (Ga. L. 1997, p. 4592), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3592), is amended by revising Section 2 as follows:

"SECTION 2. (a) The board shall be composed of five members, each of whom shall be an elector and a resident of Carroll County. All members of the board shall be appointed by the Board

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of Commissioners of Carroll County and, except as provided in subsection (d) of this section, shall serve terms of office of three years and until successors are appointed and qualified. (b) Each board member shall be eligible to succeed himself or herself and shall have the right to resign at any time by giving notice of his or her resignation to the appointing body. Each member shall be subject to removal from the board at any time for cause, after notice and hearing by the Board of Commissioners of Carroll County. (c) The three members of the board serving on the effective date of this Act shall serve out the terms to which they were appointed and until their respective successors are appointed and qualified. (d) Upon the effective date of this Act, the Board of Commissioners of Carroll County shall appoint two new members. The initial term of one member appointed pursuant to this subsection shall expire on December 31, 2022. The initial term of the other member appointed pursuant to this subsection shall expire on December 31, 2023."

SECTION 2. This Act shall become effective on the first day of the month following the month in which such Act 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 2021 session of the General Assembly of Georgia a bill to amend an Act providing for the Carroll County Board of Elections, approved April 29, 1997 (Ga. L. 1997, p. 4592), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Tyler Smith, Representative from District 18, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:

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(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 22nd of January, 2021; 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/ TYLER SMITH Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 9th of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

__________

CATOOSA COUNTY BIDDING REQUIREMENTS ON CERTAIN PURCHASES; REMOVE.

No. 59 (House Bill No. 490).

AN ACT

To amend an Act creating the office of commissioner of Catoosa County, approved February 12, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5538) and an Act approved March 19, 1987 (Ga. L. 1987, p. 4290) so as to remove certain bidding requirements on certain purchases

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made by the 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 office of commissioner of Catoosa County, approved February 12, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5538) and an Act approved March 19, 1987 (Ga. L. 1987, p. 4290), is amended by repealing and reserving Section 16.

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 2021 session of the General Assembly of Georgia a bill to amend an Act creating the office of commissioner of Catoosa County, approved February 12, 1943 (Ga. L. 1943, p. 858), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Dewayne Hill, Representative from District 3, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Catoosa County News, which is the official organ of Catoosa County, on the 10th of February, 2021; 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/ DEWAYNE HILL Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 16th of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

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

No. 60 (House Bill No. 533).

AN ACT

To create the City of Sylvester Public Facilities Authority; to provide for a short title; to provide for the appointment of members of the authority; to provide for the purpose and scope of operation; to provide for definitions; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority; to provide for interests and remedies to bondholders; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for moneys received to be deemed trust funds; to provide for tort immunity; to provide for tax exemption; to provide for rates, charges, and revenues; to provide for effect on other governments; to provide for construction of the act and 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:

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SECTION 1. Short title.

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

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

(a) There is hereby created a public body corporate and politic to be known as the "City of Sylvester 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 council of the City of Sylvester. The city manager of the City of Sylvester shall serve as an ex officio member of the authority and shall be the secretary of the authority. All appointed members shall be appointed for a term of one year until successors are appointed and qualified. Thereafter, all appointments shall be made annually at the expiration of each one-year term and the previous year's appointees shall continue to serve until their successors are appointed and qualified. Immediately after being appointed, 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 six months 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 of the authority shall not be compensated for their services; provided, however, that the 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 may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the treasurer is not a member of the authority, such officer shall have no voting rights. Except for the secretary, 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. (f) Any member of the authority can be removed by a majority vote of the city council. The city council shall fill such vacancy within three months of removal of any member. If a

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member resigns or is unable to diligently preform his or her duties, the city council shall declare the seat vacant and shall fill such vacancy within three months' time of resignation.

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 certain services for corporate purposes for the citizens of the city located both within and outside the city.

SECTION 4. Definitions.

As used in this Act, the term: (1) "Authority" means the City of Sylvester Public Facilities Authority created by this Act. (2) "City" means the City of Sylvester, 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 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. (4) "Project" means all buildings, facilities, services, and equipment necessary or convenient for the efficient operation of the city or any department, agency, division, commission, or utility system thereof, permitted by the Revenue Bond Law, provided that such services shall not include electric power generation and transmission services. (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 herewith, 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.

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(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 or on behalf of the city; (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 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 anywhere within Worth County; (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 to 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;

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(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 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; (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; and (15) 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, that 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, the attesting manual or facsimile signature of the secretary

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or secretary-treasurer of the authority, and the official seal of the authority shall be impressed or imprinted thereon. In case any officer whose signature shall appear on any revenue bond shall cease to be such officer before the delivery of such revenue bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if that person had remained in office until such delivery.

SECTION 8. 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 by a majority of its members.

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,

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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 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 moneys.

SECTION 12. Same; trust indenture as security; 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, 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

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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 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 Worth 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. 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 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.

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SECTION 18. Tax exemption.

To the extent permitted by and in accordance with the laws of the state, 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.

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. Provided that nothing in this Act shall authorize the authority to set end user or customer rates or charges for any utility system operated by the City of Sylvester.

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 authority 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.

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SECTION 23. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 24. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to create the City of Sylvester Public Facilities Authority; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Bill Yearta, Representative from District 152, 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 Sylvester Local News, which is the official organ of Worth County, on the 10th of February, 2021; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ BILL YEARTA Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 18th of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

__________

CITY OF SYLVESTER EXTRATERRITORIAL UTILITY SERVICES.

No. 61 (House Bill No. 535).

AN ACT

To amend an Act to provide a new charter for the City of Sylvester, approved May 13, 2008 (Ga. L. 2008, p. 4219), so as to authorize the city to provide extraterritorial utility services; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide a new charter for the City of Sylvester, approved May 13, 2008 (Ga. L. 2008, p. 4219), is amended by revising subsection (t) of Section 1.13 as follows:
"(t) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television, and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same; to extend any such utility system both within and beyond the corporate limits of the city; to provide utility services to persons, firms, corporations, or other organizations outside said corporate limits; to classify rates to be charged to such customers outside said corporate limits; and to make such contracts, agreements, and arrangements as the city deems necessary for such purposes."

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

3797

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to amend an Act to provide a new charter for the City of Sylvester, approved May 13, 2008 (Ga L 2008, p 4219); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Bill Yearta, Representative from District 152, 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 Sylvester Local News, which is the official organ of Worth County, on the 10th of February, 2021; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ BILL YEARTA Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 18th of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

__________

CITY OF RICHMOND HILL NEW CHARTER.

No. 62 (House Bill No. 546).

AN ACT

To provide a new charter for the City of Richmond Hill; to provide for incorporation, boundaries, and powers of the city; to provide for the exercise of powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, prohibitions, election, terms, removal from office, method of filling vacancies, compensation, expenses, and qualifications; to provide for conflict of interest and holding other offices; to provide for inquiries and investigations; to provide for organization and meeting procedures; to provide for ordinances; to provide for codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for a veto; to provide for a mayor pro tempore; to provide for a city manager; to provide for chief executive officer; to provide for administrative responsibilities; to provide for department heads; to provide for boards, commissions, and authorities; to provide for a city attorney, city clerk, city finance officer, and other personnel; to provide for the establishment of a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation, permits, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for capital improvements; to provide for contracting and purchasing; to provide for sale of city property; to provide for bonds for officials; to provide for pending matters; to provide for rules and regulations; to provide for definitions and construction; to provide for eminent domain; to provide for related matters; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I. INCORPORATION AND POWERS
SECTION 1.10. Incorporation.

The City of Richmond Hill in Bryan County is reincorporated by the enactment of this charter and is constituted and declared a municipality and body politic and corporate under the name of the "City of Richmond Hill." References in the charter to "the city" or "this city" refer to the City of Richmond Hill. The city shall have perpetual existence.

SECTION 1.11. Corporate boundaries.

(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time by local law or in the manner provided by general state law. The boundaries of 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 Richmond Hill, Georgia." Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

SECTION 1.12. Municipal powers.

(a) This city shall have all powers possible for a municipality to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following:
(1) 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

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destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this city; (3) Building regulations. To regulate and to license the erection and construction of buildings and all other structures not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; (4) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; to provide for the due dates therefor and to provide for reasonable penalties and interest in the event of failure to pay the same; and to revoke such licenses after due process for the failure to pay any city taxes or fees; (5) Condemnation. To exercise the power of eminent domain to condemn property, inside or outside the corporate limits of the city, for present or future use and for any lawful purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect the natural resources, environment, and vital areas of the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment or to comply with mandates enacted by the State of Georgia or any other governmental agency or authority; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to firefighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business within the city and benefiting from such services; to enforce the

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payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the corporate limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties therefor; to provide for the withdrawal of service for refusal or failure to pay the same; to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms, and corporations inside and outside the corporate limits of the city as provided by ordinance;

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(21) Nuisances. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for police and a firefighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks, playgrounds, recreational facilities, golf courses, amphitheaters, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, and parking facilities or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies and facilities; to provide for other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial or necessary; (29) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the utility or service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, inside or abutting the corporate limits of the city, and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and

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walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; to authorize and control the construction of bridges, passageways, overpasses, and underpasses 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 for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, construction, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or tax for the availability or use of the sewers, except that no fee or charge for sewers shall be assessed against any abutting real estate which cannot be served by such sewers; to provide for the manner and method of collecting such service charge; and to impose and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others and to provide for the separate holding of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops; to regulate or prohibit the manufacture, sale, or transportation of intoxicating liquors; and to regulate or prohibit the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxing or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, massage parlors, and entertainment displaying nudity; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs or similar conveyances. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and

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(41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

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

(a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmembers. (b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of this city for 12 months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless and until such person has filed a written notice with the clerk of said city that he or she desires his or her name to be placed on said ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person has filed said notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." Provided further that no person shall hold the office of Mayor for more than two consecutive terms.

SECTION 2.11. Elections.

(a) At any election, all persons qualified under the Constitution and laws of the State of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of said city shall be eligible to qualify as voters in the election.

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(b) All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) There shall be a municipal general election biennially in odd-numbered years on the Tuesday next following the first Monday in November. (d) The mayor and councilmembers in office on the effective date of this charter and any person selected to fill a vacancy in such office shall serve until the regular expiration of the term of office to which they were elected and until their successors are elected and qualified. Successors to such mayor and councilmembers shall be elected at the municipal general election on the Tuesday next following the first Monday in November. All future successors to such mayor and councilmembers whose terms of office are to expire shall be elected at the time of the municipal general election immediately preceding the expiration of such terms and shall serve for terms of office of four years each and until their respective successors are elected and qualified. (e) For the purpose of electing members of the council, the City of Richmond Hill shall consist of one election district with four at-large seats.

SECTION 2.12. Vacancies in office.

(a) The office of mayor or councilmember shall become vacant upon the incumbent's death, incapacity, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) Upon the suspension from office of the mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in subsection (c) of this section. (c) In the event that the office of councilmember shall become vacant for any cause whatsoever, and the unexpired term shall exceed one year and 11 months, then said vacancy shall be filled by a special election. If, however said vacancy does not exceed one year and 11 months, then said vacancy in office shall be filled for the unexpired term by appointment by the remaining councilmembers and the mayor, provided that, if the vacancy does not exceed six months then no appointment shall be made and the remaining members of council shall constitute the entire council for the remaining unexpired term. In the event that the office of the mayor shall become vacant, the mayor pro tempore and council shall appoint from among its members a mayor to serve out the expired term. If the mayor pro tempore is chosen, the council will appoint another councilmember to hold the office of mayor pro

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tempore. The resulting vacancy on the council will be filled as provided for in this subsection.

SECTION 2.13. Nonpartisan elections.

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

SECTION 2.14. Election by simple majority.

The candidates receiving a simple majority of the votes cast for any city office shall be elected.

SECTION 2.15. Compensation and expenses.

The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A.

SECTION 2.16. Prohibitions.

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

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which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private financial interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such agency or entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which he or she was elected. Except as authorized by law, no employee of the city or any agency or political entity to which this charter applies shall hold any other elective city office or other city employment during the term of such employment. The provisions of this subsection shall not apply to any person holding employment on the effective date of this charter.

SECTION 2.17. Removal of officers.

(a) The mayor, a councilmember, or other appointed officers provided for in this charter may be removed for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office; (2) Upon indictment or presentation of charges for any felony, regardless of whether such charge relates to the performance of the activities of office; (3) Upon conviction for any misdemeanor involving moral turpitude; (4) Failure at any time to possess any qualifications of office as provided by this charter;

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(5) Abandonment of office or neglect to perform the duties thereof. This shall include, but shall not be limited to, willful failure to attend more than three city council meetings in succession without prior written notice of the absence that shall also include grounds for absence. This does not apply to absences approved by council or excused by operation of law; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by a vote of all remaining councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after service of such written notice. Any elected officer sought to be removed from office as provided in this section shall have the right to call and cross-examine witnesses and to put up a defense at such public hearing. Additionally, any elected officer sought to be removed from office as provided in this section shall have the right to appeal the decision of the city council to the Superior Court of Bryan County. Such appeal shall be governed by the same rules that govern appeals to the superior court from the probate court.

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

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

SECTION 3.11. Organization.

(a) The city council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting shall be called to order by the city clerk. The oath of office shall be administered to the newly elected members as follows: "I do solemnly swear (or affirm) that I will support the Constitution of the United States and the laws of the State of Georgia; I am qualified to hold the office of (mayor) (councilmember) of the City of Richmond Hill according to the Constitution and laws of the State of Georgia; I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am prohibited from holding by the laws of the State of Georgia; I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof; and that I will well and truly perform the duties of (mayor)

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(councilmember) of the City of Richmond Hill to the best of my skill and ability, without favor or affection, so help me God." (b) The city council shall elect a mayor pro tempore. In the event this councilmember refuses to serve or resigns as mayor pro tempore or councilmember, the council shall elect by majority vote another councilmember as mayor pro tempore. During any disability or absence of the mayor, the mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor. Any such disability or absence shall be declared by a majority vote of the city council. The city council shall elect by majority vote a presiding officer from its number for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Such absence or disability shall be declared by majority vote of the city council, in accordance with Section 2.12 of this charter.

SECTION 3.12. Inquiries and investigations.

The city council or mayor 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 those powers by the council or mayor shall be punished as provided by ordinance.

SECTION 3.13. Meetings.

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

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SECTION 3.14. Procedures.

(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members or designate new chairpersons and officers to any committee at any time, with or without cause; all of said members and chairpersons serving solely at the pleasure of the mayor.

SECTION 3.15. Voting.

(a) Except as otherwise provided in subsection (b) of this section, four councilmembers or three councilmembers and mayor shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion.

SECTION 3.16. Ordinances.

(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The City Council of the City of Richmond Hill hereby ordains..." and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 3.18 of this charter. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.

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SECTION 3.17. Effect of ordinances.

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

SECTION 3.18. Emergencies.

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

SECTION 3.19. Codes.

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

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charter, or, in the alternative, the clerk may, with the approval of council, make arrangements for reproduction and distribution of such technical regulations by electronic or other means. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price to be fixed by the city council.

SECTION 3.20. Codification of ordinances.

(a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and may contain such standard codes of technical regulations and other rules and regulations as the city council may specify, which may be incorporated into the city code by reference thereto. This compilation shall be known and shall be cited officially as "Code of Ordinances, City of Richmond Hill, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable for reproduction and distribution of any such adopted technical regulations or any changes in or additions to standard codes of technical regulations and other rules and regulations included in the code, specifically, but not limited to, arrangements for electronic or internet access and distribution.

SECTION 3.21. City manager; appointment; qualifications; compensation.

(a) The city council may, when it deems appropriate, appoint a city manager for an indefinite term and shall fix his or her compensation, and define the powers and duties of said office. (b) The city manager shall be removed or suspended from duty only by a vote of four councilmembers. If permanently removed from duty, the city manager shall be paid forthwith the salary and accumulated annual leave due and unless otherwise provided by contract, the city manager's salary for the next three months following the adoption of a resolution for removal. If the city manager is removed for malfeasance, misfeasance, or

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nonfeasance in the office, the salary of the city manager for the next three months shall not be paid.

SECTION 3.22. Chief executive officer; delegation of powers.

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

SECTION 3.23. Powers and duties of mayor.

As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Except otherwise provided herein, appoint and remove, with the advice and consent of council, all officers, department heads, and employees of the city, except as otherwise provided in this charter; (3) Except otherwise provided herein, the mayor may suspend or remove directors and appointive officers, or confirm the suspension or removal of employees by department directors, and any such actions shall be effective immediately upon the mayor's decision; provided, however, that such director, officer, or employee shall have a right to appeal such action to the city council, which, after a hearing, may override the mayor's action by a vote of three councilmembers. (4) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (5) Prepare and submit to the city council a recommended operating budget and capital budget; (6) Submit to the city council at least once a year a statement covering the financial conditions of the city, and from time to time, such other information as the city council may request; (7) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor deems expedient; (8) Call special meetings of the city council as provided for in subsection (b) of Section 3.13 of this charter; (9) Veto any matter passed by the council, provided that within four days of any such veto, the mayor shall produce his or her reasons for the veto to writing and shall furnish the same to the clerk, who shall promptly distribute the same to all councilmembers, who at the next regular or called meeting at which a quorum is present, shall read said reasons into the minutes and again vote on the same question, and should as many as four councilmen again

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vote to pass the vetoed measure, the vetoed measure shall stand affirmed over the veto of the mayor; (10) Provide for an annual audit of all accounts of the city; (11) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; (12) See that all funds of the city are properly accounted for and that all revenues are properly and promptly collected; (13) Hold and attend meetings and participate in negotiations on behalf of the city and city council with the advice and consent of the city council; (14) Preside at meetings of the city council and conduct other such meetings as may be necessary; (15) See that all meetings are conducted in a parliamentary manner and preserve order and decorum; (16) Appoint and be an ex officio member of all standing committees and special committees of the city council; (17) Bind the city by signing any contract, obligation, or other matter entered into and authorized by ordinance or resolution of the city council properly passed in accordance with the provisions of this charter; (18) Vote on matters before the city council in cases when the vote of the city council is evenly divided; in such cases, the mayor shall be counted toward a quorum as any councilmember; (19) Be and serve as an ex officio member of all committees, boards, agencies, or political entities to which this charter applies; and (20) Perform such other duties as may be required by law, this charter, or ordinance.

ARTICLE IV. ADMINISTRATIVE AFFAIRS
SECTION 4.10. Department heads.

(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.

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SECTION 4.11. Boards.

(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the mayor with the advice and consent of city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any city board, commission, or authority shall hold any elective office in the city nor shall any such member be a city employee during the tenure of such service. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the city an oath obligating himself or herself to perform faithfully and impartially the duties of his or her office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority of the members of the city council. (h) Except as otherwise provided by this charter or by law, at least one member of each board, commission, or authority of the city, as selected by the mayor with the advice and consent of council, shall serve as chairperson of such board, commission, or authority, which service shall be at the pleasure of the mayor.

SECTION 4.12. City attorney.

(a) The city council shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least five years. The city attorney shall serve at the pleasure of the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall 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 duties as may be required of him or her by virtue of his or her position as city attorney. The city council shall provide for the compensation of the city attorney.

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(b) The city attorney shall be removed or suspended from duty only by a vote of four councilmembers. If permanently removed from duty, the city attorney shall be paid forthwith the salary and accumulated annual leave due and city attorney's salary for the next three months following the adoption of a resolution for removal. If the city attorney is removed for malfeasance, misfeasance, or nonfeasance in the office, the salary of the city attorney for the next three months shall not be paid.

SECTION 4.13. City clerk.

(a) The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. The city council shall provide for the compensation of the city clerk. Before assuming office, the city clerk shall take an oath, given by the mayor, as provided in Section 3.11 of this charter. (b) The city clerk shall be removed or suspended from duty only by a vote of four councilmembers. If permanently removed from duty, the city clerk shall be paid forthwith the salary and accumulated annual leave due and the city clerk's salary for the next three months following the adoption of a resolution for removal. If the city clerk is removed for malfeasance, misfeasance, or nonfeasance in the office, the salary of the city clerk for the next three months shall not be paid.

SECTION 4.14. City finance officer.

(a) The city council shall appoint a city finance officer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the city. The finance officer shall also be responsible for the general duties of a treasurer and fiscal officer. The city council shall provide for the compensation of the city finance officer. (b) The city finance officer shall be removed or suspended from duty only by a vote of four councilmembers. If permanently removed from duty, the city finance officer shall be paid forthwith the salary and accumulated annual leave due and the city finance officer's salary for the next three months following the adoption of a resolution for removal. If the city finance officer is removed for malfeasance, misfeasance, or nonfeasance in the office, the salary of the city finance officer for the next three months shall not be paid.

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SECTION 4.15. Rules and regulations.

The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence; overtime pay; and the order and manner in which layoffs shall be affected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.

ARTICLE V. JUDICIAL BRANCH
SECTION 5.10. Municipal court.

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

SECTION 5.11. Judges.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. The method of selection and terms of such judges shall be provided by Chapter 32 of Title 36 of the O.C.G.A. or ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she shall be a member of the State Bar of Georgia. All judges shall be appointed by the mayor with the approval of a majority of the city council. (c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed as provided by general law. (e) Before assuming office, each judge shall take an oath, given by the mayor, as provided in Section 3.11 of this charter. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter.

SECTION 5.12. Convening of court.

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

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SECTION 5.13. Powers.

(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail, or both. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $ 1,000.00 or imprisonment for not more than six months, or both such fine and imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The municipal court shall have the authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her surety bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his or her sureties with a rule nisi at least ten days before a hearing on the rule nisi. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.

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SECTION 5.14. Certiorari and appeal.

(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 Bryan 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 5.15. Rules.

With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in total the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the court clerk, shall be available for public inspection, and, upon request, shall be furnished to the public for the reasonable cost of copying and printing the same.

ARTICLE VI. FINANCE
SECTION 6.10. Property tax.

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

SECTION 6.11. Millage.

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 taxes shall be paid. The city council by ordinance may provide for the payment of such taxes by installments or in one lump sum, as well as authorize the voluntary payment of such taxes prior to the time when due.

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SECTION 6.12. Occupation taxes and business license fees.

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

SECTION 6.13. Licenses.

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

SECTION 6.14. Franchises.

(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television companies 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 franchises shall be granted for a period in excess of 25 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 or electronic registry kept for that purpose. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of the city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable

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television companies and other telecommunications companies, gas companies, transportation companies, and other similar organizations.

SECTION 6.15. Service fees.

The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. No landowner shall be assessed any fee, charge, or toll for any service which does not benefit him or her or his or her property directly, and provided that any ordinance making any such assessment shall require at least two readings at two regular meetings prior to passage and shall further require that between said first and second readings, a notice of such proposed assessment shall be published one time by the clerk in the official organ of Bryan County, said publication to appear not less than eight days before the final passage of said ordinance. Said notice shall state that such ordinance has been introduced before the council and shall include a general description of the improvement, its location, and estimated cost and shall further state that the actual cost or whatever part thereof as the ordinance provides will be assessed against the affected real estate and the owners thereof and that any person wishing to be heard on the matter may appear at the next regular meeting of the council, stating the specific date of such meeting. The council may, in its discretion, permit the payment of any such fee, charge, or toll in installments.

SECTION 6.16. Special assessments.

The city council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. No landowner shall be assessed any fee, charge, or toll for any service which does not benefit him or her or his or her property directly, and provided that any ordinance making any such assessment shall require at least two readings at two regular meetings prior to passage and shall further require that between said first and second readings, a notice of such proposed assessment shall be published one time by the clerk in the official organ of Bryan County, said publication to appear not less than eight days before the final passage of said ordinance. Said notice shall state that such ordinance has been introduced before the council and shall include a general description of the improvement, its location, and estimated cost and shall further state that the actual cost

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or whatever part thereof as the ordinance provides will be assessed against the affected real estate and the owners thereof and that any person wishing to be heard on the matter may appear at the next regular meeting of the council, stating the specific date of such meeting. The council may, in its discretion, permit the payment of any such fee, charge, or toll in installments.

SECTION 6.17. Other taxes.

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

SECTION 6.18. Collection of delinquent taxes.

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

SECTION 6.19. Borrowing.

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

SECTION 6.20. Revenue bonds.

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

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SECTION 6.21. Short-term loans and lease purchase contracts.

(a) The city may obtain short-term loans and must repay such loans not later than one year from the date of such obligations, unless otherwise provided by law. (b) The city may enter into multiyear lease, purchase, or lease purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are, or may hereafter, be enacted.

SECTION 6.22. Fiscal year.

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

SECTION 6.23. Budget ordinance.

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

SECTION 6.24. Operating budget.

On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the city finance officer, with the advice and consent of the mayor, shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city finance officer, with the advice and consent of the mayor, containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he or she may deem pertinent. The operating budget, the capital improvements budget, the

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budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

SECTION 6.25. Adoption.

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

SECTION 6.26. Levy of taxes.

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

SECTION 6.27. Changes in budget.

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

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SECTION 6.28. Capital improvements.

(a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the city finance officer, with the advice and consent of the mayor, shall submit to the city council a proposed capital improvements budget with his or her recommendations as to the means of financing the improvements proposed for the ensuing year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.18 of this charter. (b) After the conducting of a public hearing, the city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the end of the current fiscal year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his or her recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council.

SECTION 6.29. Audits.

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

SECTION 6.30. Procurement and property management.

No contract with the city shall be binding on the city unless: (1) It is in writing; and (2) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 3.14 of this charter.

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SECTION 6.31. Purchasing.

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

SECTION 6.32. Sale of property.

(a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place and such other consideration as may be required by law when such exchange is deemed to be in the best interest of this city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

ARTICLE VII. GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.

The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. Nothing in this section shall be construed to require council to impose any such bond conditions upon any city employee. What city employees shall be bonded and in what amounts shall be determined by city council who shall provide for the same by ordinance.

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SECTION 7.11. Rules and regulations.

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

SECTION 7.12. Charter language on other general matters.

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

SECTION 7.13. Definitions and construction.

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

SECTION 7.14. 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 as provided in paragraph (5) of subsection (b) of Section 1.12 and under procedures established under general law applicable now or as provided in the future.

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SECTION 7.15. Specific repealer.

An Act to provide a new charter for the City of Richmond Hill, approved April 11, 2012 (Ga. L. 2012, p. 5301), is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety.

SECTION 7.16. General repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to provide a new charter for the City of Richmond Hills; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Ron Stephens, Representative from District 164, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (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 4th of February, 2021; 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/ RON STEPHENS Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 18th of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

__________

THOMAS COUNTY BOARD OF COMMISSIONERS; COMPENSATION.

No. 63 (House Bill No. 560).

AN ACT

To amend an Act creating the Board of Commissioners of Thomas County, approved December 1, 1898 (Ga. L. 1898, p. 378), as amended, so as to modify the compensation of the commissioners on the Thomas County 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 creating the Board of Commissioners of Thomas County, approved December 1, 1898 (Ga. L. 1898, p. 378), as amended, is amended by revising Section 7 to read as follows:

"SECTION 7. The member of the board of commissioners of Thomas County, who is the chairperson thereof, shall be compensated in the amount of $700.00 per month, and the remaining members of the board shall be compensated in the amount of $600.00 per month, payable monthly. All of such compensation and expenses shall be payable from the funds of Thomas County. The board of commissioners shall submit through its chairperson to the

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grand jury of the county at the spring term of the superior court in each year a written statement of all matters relating to the financial condition of the county, its roads, bridges, public buildings, and paupers, with suggestions in regard to county affairs as it deems proper to make. The records of the proceedings of the board shall be open at all times to inspection by any citizen of the county. Each outgoing board member shall turn over at the expiration of his or her term of office all records, books, papers, and other property of the county to his or her successor in 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 2021 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Thomas County, approved December 1, 1898 (Ga. L. 1898, p. 378), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Darlene Taylor, Representative from District 173, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Thomasville Times-Enterprise, which is the official organ of Thomas County, on the 10th of February, 2021; 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/ DARLENE TAYLOR Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 18th of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

__________

CHEROKEE COUNTY JUDGE OF THE PROBATE COURT; NONPARTISAN ELECTIONS.

No. 64 (House Bill No. 582).

AN ACT

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. All elections for the office of probate judge of Cherokee 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 Cherokee County in office on the effective date of this Act. The sitting probate judge shall serve out the term

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of office for which he or she was elected and shall be eligible to succeed himself or herself as provided in this Act.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to provide that future elections for the office of probate judge of Cherokee County shall be nonpartisan elections; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Mandi Ballinger, Representative 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 Cherokee Tribune, which is the official organ of Cherokee County, on the 4th of February, 2021; 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/ MANDI BALLINGER Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 17th of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

__________

CITY OF HAPEVILLE MAYOR AND COUNCIL; QUORUM; FILLING VACANCIES; CITY ATTORNEY.

No. 65 (House Bill No. 600).

AN ACT

To amend an Act to provide a new charter for the City of Hapeville, Georgia, approved March 25, 1980 (Ga. L. 1980, p. 3769), as amended, so as to revise provisions related to quorums of the mayor and council; to revise procedures for filling vacancies on the city council; to revise provisions related to the city attorney; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide a new charter for the City of Hapeville, Georgia, approved March 25, 1980 (Ga. L. 1980, p. 3769), as amended, is amended by revising Section 2-402 as follows:

"Section 2-402. Quorum; voting; journal of minutes; rules. (a) A quorum of the members of the mayor and council shall be required to conduct the business of the city and take any action of the mayor and council and the city. A quorum shall constitute a majority of the members of the mayor and council, provided that at least one city-wide elected official is present for the transaction of business. If the mayor is not present, then the alderman-at-large shall preside over the council meeting. If the mayor and the

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alderman-at-large are not present, then the councilman-at-large shall preside over the council meeting. (b) All actions of the mayor and council shall require the affirmative vote of a majority of those members of the mayor and council present unless otherwise required by this charter. (c) A journal of minutes shall be maintained, and every official action of the mayor and council shall be recorded therein. The journal shall be a public record. Any councilmember may require the recording of yeas and nays of each member in the journal for any votes taken by the mayor and council. (d) The mayor and council, by a motion approved by a majority vote of the members of the mayor and council present, may adopt any rules of procedure and order of business or amendments thereto that are consistent with this charter and ordinances of the city."

SECTION 2. Said Act is further amended by revising Section 3-202 as follows:

"Section 3-202. Filling of vacancies. In the event the office of the mayor or any councilmember shall become vacant by death, removal, disqualification, resignation, or other cause, the remaining members of the mayor and council shall:
(1) If the vacancy occurs within the first two years of the member's term, call, within 30 days of the vacancy, a special election to fill the vacancy for the remainder of the unexpired term. Such election shall be held and conducted in all respects in accordance with the provisions of this charter relating to general elections; or (2) If the vacancy occurs within the last two years of the member's term, appoint, within 60 days of the vacancy, a qualified resident of the city to fill the vacancy for the remainder of the unexpired term. Such appointments shall require the unanimous approval of all members of the mayor and council."

SECTION 3. Said Act is further amended by revising Section 4-202 as follows:

"Section 4-202. City attorney; appointment; qualifications; duties; compensation. (a) The mayor and council shall annually appoint an individual attorney, or attorneys, or a law firm to hold the office designated as city attorney. (b) The appointed individual attorneys, or the attorneys of the law firm, shall be active members of the State Bar of Georgia in good standing. (c) The city attorney shall be legal counsel to the city and shall perform any and all duties necessary and requested by the city and its officers. (d) The compensation of the city attorney shall be fixed by the mayor and council."

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 2021 session of the General Assembly of Georgia a bill to amend an Act to provide a new charter for the City of Hapeville, Georgia, approved March 25th, 1980 (Ga. L. 1980, p. 3769), as amended; and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, David Dreyer, Representative from District 59, 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 20th of January, 2021; 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 DREYER Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 23rd of February, 2021, Before me:

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

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My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

__________

BRANTLEY COUNTY BOARD OF COMMISSIONERS; POWERS OF CHAIRPERSON.

No. 66 (House Bill No. 603).

AN ACT

To amend an Act creating the board of commissioners of Brantley County, approved July 21, 1927 (Ga. L. 1927, p. 500), as amended, so as to authorize the chairperson of the board of commissioners to make and second motions and vote on all matters that come before the board for a vote; 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 Brantley County, approved July 21, 1927 (Ga. L. 1927, p. 500), as amended, is amended by adding a new section to read as follows:

"SECTION 4.1. Notwithstanding anything to the contrary, the chairperson of the board of commissioners shall be authorized to make and second motions and vote on all matters that come before the board for a vote."

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 2021 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Brantley County, approved July 21, 1927 (Ga. L. 1927, p. 500), as amended; and for other purposes.

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AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Steven Meeks, 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 Brantley County Express, which is the official organ of Brantley County, on the 10th of February, 2021; 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/ STEVEN MEEKS Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 23rd of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

__________

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MACON-BIBB COUNTY MAYOR; ELIGIBILITY FOR OFFICE.

No. 67 (House Bill No. 610).

AN ACT

To amend an Act to provide for the restructuring of the City of Macon, the City of Payne City, and Bibb County, approved April 20, 2012 (Ga. L. 2012, p. 5595), as amended, so as to revise provisions regarding eligibility for the office of mayor; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide for the restructuring of the City of Macon, the City of Payne City, and Bibb County, approved April 20, 2012 (Ga. L. 2012, p. 5595), as amended, is amended in Section 10 by revising subsection (c) as follows:
"(c) No person shall be eligible to serve as mayor unless he or she: (1) Has been a resident of Macon-Bibb County for a period of one year immediately prior to the date of the election; (2) Continues to reside within the Macon-Bibb County during his or her term of office; (3) Is a registered and qualified elector of Macon-Bibb County; and (4) At the time of his or her election, is at least 27 years of age, is a citizen of the United States, and has been a citizen of this state for at least two years."

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 2021 session of the General Assembly of Georgia a bill to amend an Act to provide for the restructuring of the City of Macon, the City of Payne City, and Bibb County, approved April 20, 2012 (Ga. L. 2012, p. 5595), as amended; 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.

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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 Telegraph, which is the official organ of Bibb County, on the 19th of February, 2021; 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 22nd of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

__________

CITY OF PERRY HOTEL/MOTEL TAX.

No. 68 (House Bill No. 613).

AN ACT

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

SECTION 2. The enactment of this Act is subsequent to the adoption of Resolution No. 2020-75 by the governing authority of the City of Perry on December 1, 2020, 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 Perry:
(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 Perry or by such other entity already authorized to administer tourism funds pursuant to existing contract as specified in paragraph (2) of subsection (e) of Code Section 48-13-51 of the O.C.G.A.; and (2) 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.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Perry 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, Shaw Blackmon, Representative from District 146, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Houston Home Journal, which is the official organ of Houston County, on the 17th of February, 2021; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ SHAW BLACKMON Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 22nd of February, 2021, Before me:

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

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My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

__________

TRI-COUNTY NATURAL GAS AUTHORITY CREATION.

No. 69 (House Bill No. 625).

AN ACT

To create the Tri-County Natural Gas Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for definitions; 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 activation of the authority; to provide for the transfer of property and employees to the authority; to authorize the issuance of revenue bonds of the authority; to provide for moneys received and trust funds; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for tax exemption, rates, charges, and revenues; to provide for tort immunity; to provide contracting requirements; to provide for supplemental powers; to deny taxing powers; to provide for construction of act and severability; 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 "Tri-County Natural Gas Authority Act."

SECTION 2. Tri-County Natural Gas Authority; creation.

There is hereby created a public body corporate and politic to be known as the "Tri-County Natural Gas 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. All property owned by such corporation shall be public property held and owned for governmental purposes and shall be exempt from taxation as provided by law.

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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 Tri-County Natural Gas Authority created in this Act. (2) "Cities" shall mean both the City of Greensboro and the City of Union Point. (3) "City" shall mean the City of Greensboro or the City of Union Point, depending on the context. (4) "Cost of the project" shall include the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of buildings, improvements, materials, labor, and services contracted for, the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after the completion of construction, engineering, architectural, fiscal, accounting, inspection, and legal expenses, cost of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the acquisition, construction, renovation, reconstruction, or remodeling of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the authority, including proceeds of any revenue bonds issued under the provisions of this Act for any such project or projects and the proceeds of the sale of any contracts, lease agreements, or installment sale agreements or the amounts payable thereunder, either directly or by the creation of interests therein. (5) "Project" means and includes the planning, design, acquisition, construction, and management of natural gas supply and distribution facilities; the acquisition of personal and real property necessary to carry out the authority's function to provide natural gas to the customers in its territory; and the management, operation, maintenance, additions, improvements, and extensions of such facilities so as to assure adequate natural gas distribution systems deemed by the authority to be necessary or convenient for the efficient operation of such undertaking. (6) "Revenue bond" shall mean bonds issued by the authority pursuant to the Revenue Bond Law. (7) "Revenue Bond Law" shall mean Article 3 of Chapter 82 of Title 36 of the O.C.G.A. (8) "Service Delivery Area" means area is that in which the cities are on the effective date of this Act, or the authority in the future is, authorized to provide natural gas utility service according to the relevant county-wide safety plans for the counties in which the cities are authorized to operate on the effective date of this Act.

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(9) "Superintendent" shall mean the person employed by the authority to manage the day-to-day operations of the authority, including the supervision and direction of its employees.

SECTION 4. Board.

The authority shall be governed by a board that shall consist of four members, composed as follows:
(1) The Mayor of the City of Greensboro; (2) The Mayor of the City of Union Point; (3) A member of the City Council of Greensboro appointed by the Mayor of Greensboro; and (4) The Mayor pro tem of the City of Union Point. Members are eligible to succeed themselves and shall hold office until their successors are appointed. Immediately after their appointment, the members of the authority shall enter upon their duties. Three members of the authority shall constitute a quorum, and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority and, in every instance, a majority vote of a quorum shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds. Unless otherwise provided by an intergovernmental agreement between the cities, the members shall elect from among themselves a chairperson. The chairperson shall be entitled to make and second motions and vote on any matter. Where provided by an intergovernmental agreement between the cities, the members of the authority may be entitled to compensation for their services. Any change in name or composition of the authority shall in no way affect the vested rights of any person under the provisions of this Act or impair the obligations of any contracts existing under this Act.

SECTION 5. General powers.

The authority shall have the power: (1) To provide natural gas services within the service delivery area in the same manner as such services are provided by the cities on the effective date of this Act. (2) To hold, own, and convey real and personal property; (3) To sue and be sued; (4) To have and to use a seal and to alter the same at pleasure; (5) To acquire, construct, purchase, own, equip, operate, extend, improve, lease, and sell any project as hereinafter defined; (6) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper;

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(7) To accept gifts and bequests for its corporate purposes; (8) To appoint, select, and employ officers, agents, and employees, including the superintendent, engineering, architectural, and construction experts, fiscal agents, and attorneys, and to fix their compensation; (9) To make and execute with public and private persons and corporations contracts, lease agreements, rental agreements, installment sale agreements, and other instruments relating to its projects and incident to the exercise of the powers of the authority, including contracts for constructing, renting, leasing, and selling its projects for the benefit of the cities; (10) To sell or assign its rights under its contracts, lease agreements, or installment sale agreements or its right to receive payments thereunder, either directly or through trust or custodial arrangements whereby interests are created in such contracts, lease agreements, or installment sale agreements or the payments to be received thereunder through the issuance of trust certificates, certificates of participation, custodial receipts, or other similar instruments; (11) To accept loans and grants of money or property of any kind from the United States, the State of Georgia, or any political subdivision of the State of Georgia; (12) To borrow money for any of its corporate purposes and to issue revenue bonds payable solely from funds or revenues of the authority pledged for that purpose and to pledge and assign any of its revenues, income, rent, charges, and fees to provide for the payment of the same and to provide for the rights of the holders of such revenue bonds; (13) To make such rules and regulations governing its employees and property as it may in its discretion deem proper; and (14) To do all things necessary or convenient to carry out the powers expressly given in this Act.

SECTION 6. Activation by intergovernmental agreement.

(a) The authority shall be inactive until, the cities enter into an intergovernmental agreement, pursuant to Article IX, Section III, Paragraph I of the Constitution of Georgia, that provides for the particulars of the operation of the authority. Such agreement shall include, but need not be limited to, provisions governing revenue and expense sharing. The cities may freely amend any such agreement entered into pursuant to this section as permitted by law. (b) Until such time as an agreement as provided for in subsection (a) of this section is executed, the authority shall be inactive, and the authority shall only become active upon the execution of such agreement. Such agreement may designate a certain time and date for the authority to become active. (c) The failure of the cities to execute such agreement shall in no way void or nullify this Act. Instead, the failure of the cities to execute such an agreement shall merely render the authority inactive until such an agreement is executed.

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SECTION 7. Transfer of property and employees.

(a) Upon activation of the authority as provided for in Section 6 of this Act, each city, either jointly or independently, may enter into an intergovernmental agreement, pursuant to Article IX, Section III, Paragraph I of the Constitution of Georgia, which may provide for those city employees, if any, who will be employed the authority, and that such employees shall cease to be employed by that city and shall become employees of the authority. Such agreement or agreements may provide for the transfer of title of the city's or cities' natural gas distribution facilities, vehicles, and equipment to the authority. (b) Nothing herein shall require any such agreement; and the cities at their discretion may retain any employees, and then allow such employees to work for authority under contract. (c) If the authority shall deem it expedient to construct any project on real property which is subject to the control of one of the cities, such city may convey such real property to the authority 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.

SECTION 8. Revenue bonds.

The authority shall have power and is authorized, pursuant to the Revenue Bond Law, 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 a project and for the purpose of refunding revenue bonds or other obligations previously issued. 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. 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.

SECTION 9. 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 such 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, special, or adjourned meeting of the authority by a majority of its members present and voting.

SECTION 10. Credit not pledged.

Revenue bonds of the authority shall not be deemed to constitute a debt of the City of Greensboro, the City of Union Point, the State of Georgia, or any other county or municipality of the State of Georgia, nor a pledge of the faith and credit of this state or such municipalities, 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 this state or such county to levy or 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 such foregoing provisions of this section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the authority and any political subdivision to enter into an intergovernmental contract pursuant to which the political subdivision 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 11. Revenue bonds; 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 12. Trust indenture as security; remedies of bondholders.

Any holder of revenue bonds and the trustee under the trust indenture, if any, except to the extent that the rights given herein 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

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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. 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 14. 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 may 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.

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SECTION 15. 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 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 of this Act, shall constitute a contract with the holders of such revenue bonds.

SECTION 16. 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 17. Venue; jurisdiction; service.

The principal office of the authority shall be in Greene County, Georgia, and unless otherwise provided in general law, the venue of any action against it shall be in Greene County. Any action pertaining to the validation of any bonds issued under the provisions of this Act and the validation of any contract entered into by the authority shall be brought in the Superior Court of Greene 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 18. 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. The authority shall be exempt from regulation by the Georgia Public Service Commission to the same extent as a municipality and will be treated in all respects

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

like a municipality for purposes of law or regulation related directly to natural gas distribution facilities and service.

SECTION 19. 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 to the extent permitted by and in accordance with the general laws of the state.

SECTION 20. Immunity from tort actions.

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

SECTION 21. Contracts.

The authority may be sued the same as any private corporations on any contractual obligation of the authority, so long as the contractual obligation is set forth in a writing, approved by the board of the authority during a meeting, and entered into the minutes of the board.

SECTION 22. Property not subject to levy and sale.

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

SECTION 23. Powers declared supplemental and additional.

This Act shall be deemed to provide an additional and alternative method of carrying out the duties authorized hereby, shall be regarded as supplemental and additional to powers conferred to the cities by other laws, and shall not be regarded as being in derogation of any powers now existing.

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3851

SECTION 24. Authority without taxing power.

The authority shall not have the power to levy, impose, or collect any tax on any person or property.

SECTION 25. Liberal construction of Act.

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

SECTION 26. 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 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 2021 session of the General Assembly of Georgia a bill to create the Tri-County Natural Gas Authority; 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:

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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 Herald-Journal, which is the official organ of Greene County, on the 28th of January, 2021; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ TREY RHODES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 24th of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to create the Tri-County Natural Gas Authority; and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Trey Rhodes, Representative from District 120, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached.

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3853

(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 Madison County Journal, which is the official organ of Madison County, on the 28th of January, 2021; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ TREY RHODES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 24th of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to create the Tri-County Natural Gas Authority; and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Trey Rhodes, Representative from District 120, state on oath as follows:

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Oglethorpe Echo, which is the official organ of Oglethorpe County, on the 21st of January, 2021; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ TREY RHODES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 24th of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to create the Tri-County Natural Gas Authority; and for other purposes.

GEORGIA LAWS 2021 SESSION

3855

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 22nd of January, 2021; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.

s/ TREY RHODES Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 24th of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

__________

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

WILKINSON COUNTY MAGISTRATES; TERMS OF OFFICE.

No. 70 (House Bill No. 634).

AN ACT

To amend an Act to provide that the judge of the Probate Court of Wilkinson County shall serve as chief magistrate of the Magistrate Court of Wilkinson County, approved March 12, 1984 (Ga. L. 1984, p. 3980), as amended; so as to provide one-year terms of office for magistrates; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to provide that the judge of the Probate Court of Wilkinson County shall serve as chief magistrate of the Magistrate Court of Wilkinson County, approved March 12, 1984 (Ga. L. 1984, p. 3980), as amended, is amended in Section 3 by revising subsection (a) as follows:
"(a) The chief magistrate, with the advice and consent of a majority of the judges of the superior court for the Ocmulgee Judicial Circuit, may appoint one or more magistrates. The term of office of any magistrate appointed or reappointed after the effective date of this Act shall be for one year. Any vacancy in the office of magistrate shall be filled by appointment by the chief magistrate as provided in this subsection."

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 introduced at the regular 2021 session of the General Assembly of Georgia an Act to amend an Act to provide that the judge of the Probate Court of Wilkinson County shall serve as chief magistrate of the Magistrate Court of Wilkinson County, approved March 12, 1984 (Ga. L. 1984, p. 3980), as amended; and for other purposes.

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AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Danny Mathis, Representative from District 144, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Wilkinson County Post, which is the official organ of Wilkinson County, on the 18th of February, 2021; 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/ DANNY MATHIS Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 24th of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

__________

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

CITY OF BROOKHAVEN MAYOR AND COUNCIL; FILLING OF VACANCIES.

No. 71 (House Bill No. 655).

AN ACT

To amend an Act to incorporate the City of Brookhaven in DeKalb County, approved April 16, 2012 (Ga. L. 2012, p. 5527), as amended, so as to provide for the filling of vacancies in the offices of mayor and councilmembers of more than 12 months; to provide for the filling of vacancies in the offices of mayor and councilmembers of less than 12 months; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to incorporate the City of Brookhaven in DeKalb County, approved April 16, 2012 (Ga. L. 2012, p. 5527), as amended, is amended by revising subsections (b) and (c) of Section 2.03 as follows:
"(b) The office of mayor shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. Unless otherwise provided herein, a vacancy in the office of mayor shall be filled for the remainder of the unexpired term by the city council or those members remaining who shall appoint a successor for the remainder of the term. This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor. If more than 12 months remain in the unexpired term, a special election shall be held on the Tuesday after the first Monday in November following the creation of the vacancy. Any person appointed to the office of mayor shall not be entitled to be shown on the ballot as the incumbent in such special election. (c) The office of a councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. Unless otherwise provided herein, a vacancy in the office of a councilmember shall be filled for the remainder of the unexpired term by the mayor who shall appoint a successor for the remainder of the term subject to the approval of the city council or those members remaining. This provision shall also apply to a temporary vacancy created by the suspension from office of a councilmember. If more than 12 months remain in the unexpired term, a special election shall be held on the Tuesday after the first Monday in November following the creation of the vacancy. Any person appointed to the office of councilmember shall not be entitled to be shown on the ballot as the incumbent."

GEORGIA LAWS 2021 SESSION
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

3859

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to amend an ++Act to incorporate the City of Brookhaven++ in DeKalb County, approved April 16, 2012 (Ga. L. 2012, p. 5527), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Matthew Wilson , Representative from District 80, 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 31st of December, 2020; 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/ MATTHEW WILSON 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 17th of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

__________

FRANKLIN-HART AIRPORT AUTHORITY MEMBERS AND EMPLOYEES OF AUTHORITY; TRANSACTING BUSINESS WITH AUTHORITY.

No. 72 (House Bill No. 658).

AN ACT

To amend an Act to create the Franklin-Hart Airport Authority, approved April 1, 1996 (Ga. L. 1996, p. 3927), so as to revise the provisions regarding members and employees of the authority transacting certain business with 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 Franklin-Hart Airport Authority, approved April 1, 1996 (Ga. L. 1996, p. 3927), is amended by revising subsection (h) of Section 3 as follows:
"(h) No member or employee of the authority shall have, directly or indirectly, any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority; provided, however, that a member or employee of the authority may lease as lessee or lessor, purchase, or sell real property to such authority if such member or employee first complies with the provisions of subsection (c) of Code Section 16-10-6 of the O.C.G.A."

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

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3861

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia an Act to Amend an Act to create the Franklin-Hart Airport Authority, approved April 1, 1996 (Ga. L. 1996, p. 3927): and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Alan Powell, Representative from District 32, 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 Franklin County Citizen Leader, which is the official organ of Franklin County, on the 18th of February, 2021; 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/ ALAN POWELL Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 2nd of March, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

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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 2021 session of the General Assembly of Georgia an Act to amend an Act to create the Franklin-Hart Airport Authority, approved April 1, 1996 (Ga. L. 1996, p. 3927); and for other purposes.

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Alan Powell, Representative from District 32, 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 Hartwell Sun, which is the official organ of Hart County, on the 18th of February, 2021; 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/ ALAN POWELL Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 26th of February, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

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3863

Approved May 3, 2021.

__________

STEWART COUNTY BOARD OF COMMISSIONERS; PURCHASES AND BIDS.

No. 73 (House Bill No. 680).

AN ACT

To amend an Act creating the Board of Commissioners of Stewart County, approved April 4, 1996 (Ga. L. 1996, p. 4028), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3845), so as to revise provisions relating to purchases and bids; 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 Stewart County, approved April 4, 1996 (Ga. L. 1996, p. 4028), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3845), is amended by revising Section 12 as follows:

SECTION 12. Any bid or proposal for goods, services, or both, valued at $40,000.00 or more shall be advertised for two weeks in the official organ of the county and in the Georgia Procurement Registry established by the Georgia Department of Administrative Services and managed by the agency's State Purchasing Division. The need for advertising may be dispensed with by the board of commissioners if it determines that an emergency exists that will not permit a delay. Formal sealed bids shall also be required for purchases that exceed the sum of $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 2021 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Stewart County, approved April 4, 1996 (Ga. L. 1996, p. 4028), as amended; and for other purposes.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

AFFIDAVIT

GEORGIA, FULTON COUNTY

I, Gerald Greene, Representative from District 151, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Stewart Webster Journal Patriot-Citizen, which is the official organ of Stewart County, on the 25th of February, 2021; 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 1st of March, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

__________

GEORGIA LAWS 2021 SESSION

3865

TROUP COUNTY BOARD OF ELECTIONS AND REGISTRATION; RECONSTITUTE; ELECTION SUPERVISOR; VACANCIES.

No. 74 (House Bill No. 684).

AN ACT

To amend an Act to create a board of elections and registration for Troup County and to provide for its powers and duties, approved April 12, 2012 (Ga. L. 2012, p. 5409), so as to provide for a new five member board; to terminate the office of the current board members; to provide for appointment, qualifications, term, quorum, and meeting of board members; to revise provisions regarding the election supervisor; to provide for filling of vacancies; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act to create a board of elections and registration for Troup County and to provide for its powers and duties, approved April 12, 2012 (Ga. L. 2012, p. 5409), is amended by revising Sections 3 through 6 as follows:

"SECTION 3. (a) The Troup County Board of Elections and Registration shall be composed of five members to be appointed by majority vote of the Board of Commissioners of Troup County, Georgia. One of the members appointed by, and designated as such by, the county governing authority shall serve as chairperson of the board and shall be a resident of Troup County, Georgia. One of the members appointed by, and designated as such by, the county governing authority shall be a resident of Commissioner District 2. One of the members appointed by, and designated as such by, the county governing authority shall be a resident of Commissioner District 3. One of the members appointed by, and designated as such by, the county governing authority shall be a resident of Commissioner District 4. One of the members appointed by, and designated as such by, the county governing authority shall be a resident of Commissioner District 5. The member designated as chairperson shall serve for an initial term of three years, the members residing in Commissioner Districts 2 and 3 shall serve for an initial term of two years, and the members residing in Commissioner Districts 4 and 5 shall serve for an initial term of one year. (b) Successors to the initial members of the board as provided in subsection (a) of this section shall take office on the first day of January following their appointment and shall serve for terms of three years and until their successors are appointed and qualified.

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II

(c) Upon the appointment of a member, the county shall file an affidavit with the Clerk of Superior Court of Troup County, no later than 15 days preceding the date on which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed. The Clerk of Superior Court shall record each of such certifications on the minutes of the court, shall certify the name of each such member to the Secretary of State, and shall provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars. (d) The chairperson shall establish the agenda, preside over, and conduct all meetings of the board in an orderly manner; shall call such meetings as he or she deems necessary to conduct the business of the board and may cancel or postpone any meeting; and shall be entitled to introduce and second motions and to vote on all matters coming before the board. (e) A majority of the members of the Troup County board of elections and registration shall constitute a quorum of the board. Any action to be taken by the board shall require the affirmative vote of a minimum of three members present and voting at a meeting at which a quorum is present. The board shall be empowered to adopt by-laws; provided, however, that such by-laws may not conflict with the provisions of this Act or state law. (f) The members serving as board members as of the effective date of this Act shall be relieved of all powers, duties, rights, privileges, and responsibilities as members of the board and such members shall deliver to the Troup County Election Supervisor all equipment, supplies, materials, books, papers, records, and facilities pertaining to such powers and duties.

SECTION 4. (a) There shall be an election supervisor who shall generally supervise, direct, and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. (b) The election supervisor shall not be a member of the board; shall be and act in all respects only as a delegee of the board of elections and registration; and shall not be subject to the qualification provisions for board members, election superintendents, or registrars. (c) The election supervisor shall be appointed by the Troup County Board of Commissioners after receiving and considering the recommendation of the board of elections and registration and it shall establish the compensation for the position. (d) The election supervisor shall be an employee of Troup County, Georgia; shall be deemed a county department head subject to direction, evaluation, and corrective action by the county manager; and shall be an at-will, full-time employee of Troup County subject to county personnel policy in regard to pay, benefits, sick leave, vacation, termination of employment, and other purposes. The county manager shall not direct or control the election supervisor with respect to his or her duties as delegee of the board with respect to the conduct of elections and registration of voters.

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(e) The election supervisor shall serve as staff support for the board, attend meetings of the board, assist the board in fulfilling its duty of voter registration and elections as its delegee, and provide daily employee supervision of other county employees provided to assist the board.

SECTION 5. (a) No person who holds any federal, state, or local elective public office shall be eligible for appointment to the board during the term of such elective office and the position of any member 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 Troup County and must have been registered voters in Troup County for a period of at least one year prior to the date of appointment to the board. Members of the board appointed for Commissioner District 2, 3, 4, or 5 must have resided in the Commissioner District for which they are appointed for a period of at least one year prior to the date of appointment to the board. (c) Each member of the board of elections and registration shall take substantially the same oath as required by law for registrars before entering upon his or her duties. Each member shall have the same privileges from arrest provided by law for registrars. (d) Each member of the board shall be eligible to serve consecutive terms. (e) 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 the county and to the Clerk of Superior Court of Troup County.

SECTION 6. (a) In the event a vacancy occurs on the board before the expiration of a member's term, whether by removal, death, resignation, or otherwise, the county shall, within 90 days following such vacancy, appoint a successor to serve the remainder of the unexpired term. The Clerk of Superior Court shall be notified of such appointment and record and certify such appointment in the same manner as the regular appointment of members. (b) All members shall further be subject to removal at any time for cause shown after notice and hearing, by the Senior Superior Court Judge of Troup County, Georgia. For purposes of this section, "cause" shall mean nonfeasance or malfeasance in the performance of official duties or other cause as determined in the discretion of the Superior Court Judge which would materially harm the ability of the board to carry out its official duties."

SECTION 2. This Act shall become effective on January 1, 2022; provided, however, that for purposes of making the initial appointment and certification of the new board members, 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 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 2021 session of the General Assembly of Georgia a bill to amend an Act to create a board of elections and registration for Troup County and to provide for its powers and duties, approved April 12, 2012 (Ga. L. 2012, p. 5409); 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 Troup County News, which is the official organ of Troup County, on the 25th of February, 2021; 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/ RANDY NIX Affiant

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Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 1st of March, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

__________

CITY OF COOLIDGE NEW CHARTER.

No. 75 (House Bill No. 707).

AN ACT

To provide a new charter for the City of Coolidge; to provide for incorporation, boundaries, and powers of the city; to provide for the exercise of powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, prohibitions, election, terms, removal from office, method of filling vacancies, compensation, expenses, and qualifications; to provide for conflict of interest and holding other offices; to provide for inquiries and investigations; to provide for organization and meeting procedures; to provide for ordinances; to provide for eminent domain; to provide for codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for a veto; to provide for a mayor pro tempore; to provide for a city manager; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, city clerk, and other personnel; to provide for a comprehensive land use plan; to provide for the establishment of a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation, permits, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for contracting and purchasing; to provide for sale of city property; to provide for bonds for officials; to provide for pending matters; to provide for definitions and construction; to provide for severability; to provide for related matters; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

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ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.

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

SECTION 1.11. Corporate Boundaries.

(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map to be retained permanently in the City of Coolidge City Hall and to be identified by the city clerk as the Official Map of the Corporate Limits of the City of Coolidge, Georgia. Photographic, typed, or other copy of such map or description certified by the City of Coolidge shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide by ordinance for the redrawing of any such map to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.

SECTION 1.12. Powers and construction.

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

SECTION 1.13. Specific powers.

(a) Animal Regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of the same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane

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destruction of animals and fowl when not redeemed as provided by ordinance; and to provide for punishment for violation of ordinances enacted hereunder. (b) Appropriations and Expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter or for municipalities by the laws of the State of Georgia; and to provide for the payment of expenses of the city. (c) Building Regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades. (d) Business Regulation and Taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees. (e) Condemnation. To condemn property inside or outside the corporate limits of the city for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures provided by the O.C.G.A. as the same shall exist from time to time. (f) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations. (g) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city. (h) Environmental Protection. To protect and preserve the natural resources, environment, and vital areas of the city through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment. (i) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law relating to fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof. (j) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefitting from such services or to whom such services are available; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges.

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(k) General Health, Safety, and Welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards. (l) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose. (m) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (n) Jail Sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials. (o) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city. (p) Municipal Agencies and Delegation of Power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same. (q) Municipal Debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter and the laws of the State of Georgia. (r) Municipal Property Ownership. To acquire, dispose of, lease, option, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city. (s) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof. (t) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television, and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same. (u) Nuisance. To define a nuisance and provide for its abatement whether on public or private property. (v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia.

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(w) Planning and Zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulations and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community. (x) Police and Fire Protection. To exercise the power of arrest through duly appointed police personnel; and to establish, operate, or contract for police and fire fighting agencies. (y) Removal of Public Hazards. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public. (z) Public Improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes property may be acquired by condemnation under procedures provided by the O.C.G.A. as the same shall exist from time to time. (aa) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances. (bb) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial. (cc) Public Utilities and Services. To grant franchises or make contracts for, or impose taxes on, public utilities and public service companies; and to prescribe the rates, fares, regulations and standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission. (dd) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances. (ee) Retirement. To provide and maintain a retirement plan for officers and employees of the city. (ff) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, provide drainage for, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to impose penalties for failure to do so. (gg) Sewer Fees. To levy a fee, charge, or sewer tax as necessary to ensure the acquiring, constructing, equipping, operating, maintaining, and extending of a sanitary sewage disposal

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

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SECTION 1.14. Exercise of powers.

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

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

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

SECTION 2.11. City council terms and qualifications for office.

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

SECTION 2.12. Vacancy; filling of vacancies.

(a) Vacancies - The office of mayor or council member shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of Vacancies - A vacancy in the office of mayor shall be filled for the remainder of the unexpired term by the mayor if less than 12 months remain in the unexpired term, and shall be otherwise filled by an election as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A. or such other laws as are or may hereafter be enacted. A vacancy in the office of councilmember shall be filled for the remainder of the unexpired term, if any, by appointment of less than 12 months remain in the unexpired term,

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and shall be otherwise filled by an election as provided for in Section 5.14 of this charter and Titles 21 and 45 of the O.C.G.A. or such other laws as are or may hereafter be enacted. (c) Suspension - Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter.

SECTION 2.13. Compensation and expenses.

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

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

(a) Fiduciary Capacity - Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of Interest - No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction, or have a financial interest or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (2) Engage in or accept private employment, or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which that person is engaged without proper legal authorization; or use such information to advance the financial or other private interest of that person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to that person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which that person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign;

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(5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which that person has a financial interest. (c) Disclosure - Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that person shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of Public Property - No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Contracts Voidable and Rescindable - Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (f) Ineligibility of Elected Official - Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that person was elected. No former councilmember and no former mayor shall hold any compensated appointive office in the city until two years after the expiration of the term for which that official was elected. (g) Political Activities of Certain Officers and Employees - No appointed officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon qualifying for any public office in this city or upon qualifying for any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and council either immediately upon qualifying or at any time such conflict may arise. (h) Penalties for Violation: (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position; and

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(2) Any city officer or employee who shall forfeit that person's office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of five years thereafter.

SECTION 2.15. Inquiries and investigations.

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

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

(a) Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city. (b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Coolidge and may enforce such ordinances by imposing penalties for violation thereof.

SECTION 2.17. Eminent domain.

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

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SECTION 2.18. Organizational meetings.

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

SECTION 2.19. Regular and special meetings.

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

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SECTION 2.20. Rules of procedure.

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

SECTION 2.21. Quorum; voting.

(a) Four councilmembers other than the mayor or the mayor and three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote, and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of four councilmembers shall be required for the adoption of any ordinance, resolution, or motion. The mayor shall vote only in the event of a tie or when an affirmative or negative vote by the mayor constitutes a majority of four votes. An abstention shall not be counted as either an affirmative or negative vote. (b) Every ordinance, resolution, or motion passed by the city council may be subject to veto by the mayor in the following manner: The mayor, within three days may write out his or her objection to such ordinance, resolution, or motion, the objection shall be presented to the city council at the next regularly scheduled meeting. Said objection shall be entered into the minutes, and the city council shall vote on the question as to whether said ordinance, resolution, or motion shall become adopted over said veto. Should as many as four members of the city council at the next regularly scheduled meeting following the mayor's veto vote in the affirmation, said ordinance, resolution, or motion shall stand affirmed and become effective without the approval of the mayor; otherwise the veto will stand.

SECTION 2.22. Ordinance form; procedures.

(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Coolidge," and every ordinance shall so begin. (b) An ordinance may be introduced by any council member and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected

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by the city council in accordance with the rules which it shall establish. Except for emergency ordinances, all ordinances shall have two separate readings; provided, however, that the council may dispense with the second reading with the unanimous consent of the members present. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and each council member and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.

SECTION 2.23. Action requiring an ordinance.

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

SECTION 2.24. Emergencies.

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

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SECTION 2.25. Codes of technical regulations.

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

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

(a) The city clerk shall authenticate by his or her signature and record in full, in a properly indexed book kept for that purpose, all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Coolidge, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

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SECTION 2.27. Election of mayor; forfeiture; compensation.

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

SECTION 2.28. Powers and duties of mayor.

The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Vote in the event of a tie; (6) Fulfill such other executive and administrative duties as the city council shall by ordinance establish not in conflict with the provisions of this charter; and (7) Veto any ordinance, resolution, or motion as provided in subsection (b) of Section 2.21.

SECTION 2.29. Mayor pro tem; selection; duties.

By a majority vote, the city council shall elect a council member to serve as mayor pro tem. In the mayor's absence, the mayor pro tem shall preside at meetings of the city council and shall assume the duties and powers of the mayor upon the mayor's physical or mental disability, provided that the mayor pro tem shall vote as a member of the council at all times when serving as herein provided.

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SECTION 2.30. City manager; appointment; qualifications; compensation.

The city council shall appoint a city manager for an indefinite term and shall fix the city manager's compensation. The city manager shall be appointed solely on the basis of executive and administrative qualifications.

SECTION 2.31. Duties of the city manager.

The city manager shall be the chief executive and administrative officer of the city. The manager shall be responsible to the city council for the administration of all city affairs placed in his or her charge by or under this charter. As the chief executive and administrative officer, the manager shall:
(1) Appoint and, when the manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the manager appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The manager may authorize any administrative officer who is subject to the manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager and have the right to take part in discussion but not vote; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the manager or by officers subject to the manager's direction and supervision, are faithfully executed; (5) Consult with the mayor in the preparation of the annual operating budget and capital budget to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the manager's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city and make such recommendations to the city council concerning the affairs of the city as the manager deems desirable; and (9) Perform other such duties as are specified in this charter or as may be required by the city council.

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SECTION 2.32. Removal of city manager.

(a) The city manager is employed at will and may be summarily removed from office at any time by the city council. The city council may remove the manager from office in accordance with the following procedures:
(1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the manager; (2) Within five days after a copy of the resolution is delivered to the manager, the manager may file with the city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The manager may file with the council a written reply not later than five days before the hearing; and (3) If the manager has not requested a public hearing within the time specified in paragraph (2) of this subsection, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (b) The manager may continue to receive a salary until the effective date of a final resolution of removal.

SECTION 2.33. Council interference with administration.

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

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

(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions of 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.

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(b) Except as otherwise provided by this charter or by law, the directors of city departments and other appointed officers of the city under the supervision of the city manager shall be appointed by the city manager solely on the basis of their respective administrative and professional qualifications. Except those appointed by the city council, all appointed officers, directors, and department heads shall be employees at will and subject to removal or suspension at any time by the city manager. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of that director's department or agency.

SECTION 3.11. Boards, commissions, and authorities.

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

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

SECTION 3.12. City attorney.

(a) The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney. (b) The city attorney is not a public official of the city and does not take an oath of office. The city attorney shall at all times be an independent contractor. A law firm, rather than an individual, may be designated as the city attorney.

SECTION 3.13. City clerk.

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

SECTION 3.14. Personnel policies.

The city council shall adopt by ordinance a personnel policy and procedure manual. All employees serve at-will and may be removed from office at any time, unless otherwise provided by ordinance.

ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Municipal court creation.

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

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SECTION 4.11. Chief judge; associate judge.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve as provided in Code Section 36-32-2 of the O.C.G.A., and may be removed from office in accordance with Code Section 36-32-2.1, or other such applicable laws as are or may hereafter be enacted. Judges serve at-will and may be removed from office at any time by the city council, unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20.

SECTION 4.12. Convening.

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

SECTION 4.13. Jurisdiction; powers.

(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days, or other such fine and imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizance to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons

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

SECTION 4.14. Certiorari.

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

SECTION 4.15. Rules for court.

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

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SECTION 4.16. Indigent defense and prosecutor.

The mayor and council shall have the power to provide for a system of defense for indigent persons charged in the municipal court of the City of Coolidge with violations of ordinances and/or state laws, and for the prosecution of such cases by a prosecutor, and to provide for and require the expense of same to be prorated over all criminal cases disposed of by the court, and all bond forfeitures in said cases to be imposed by the municipal court judge and collected in all criminal cases and in bond forfeitures in such cases as costs in addition to fines, penalties, and all other costs.

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

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

SECTION 5.11. Regular elections; time for holding.

(a) The mayor and councilmembers serving on the effective date of this charter shall serve out the remainder of their terms of office. (b) There shall be elected the mayor and three councilmembers at one election and every four years thereafter. There shall be elected three councilmembers at the next succeeding election and every four years thereafter. Terms shall be for four years. (c) Elections for mayor and city council shall be held on the Tuesday following the first Monday in November of each election year. At the 2021 election, the mayor plus three councilmembers shall be elected for four-year terms. Beginning in 2023, there shall be an election for three councilmembers, and they shall serve for four-year terms, and their successors shall be elected to four-year terms.

SECTION 5.12. Nonpartisan elections.

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

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SECTION 5.13. Election by plurality.

The person receiving a plurality of the votes cast for the office of mayor shall be elected. The persons receiving the highest number of votes case for city council positions shall be elected.

SECTION 5.14. Special elections; vacancies.

In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

SECTION 5.15. Other provisions.

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

SECTION 5.16. Removal of officers.

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

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Court of Thomas County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Thomas County following a hearing on a complaint seeking such removal brought by any resident of the City of Coolidge.

ARTICLE VI FINANCE
SECTION 6.10. Property tax.

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

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

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

SECTION 6.12. Occupation and business taxes.

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

SECTION 6.13. Regulatory fees; permits.

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

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SECTION 6.14. Franchises.

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

SECTION 6.15. Service charges.

The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18.

SECTION 6.16. Special assessments.

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

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SECTION 6.17. Construction; other taxes and fees.

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

SECTION 6.18. Collection of delinquent taxes and fees.

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

SECTION 6.19. General obligation bonds.

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

SECTION 6.20. Revenue bonds.

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

SECTION 6.21. Short-term loans.

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

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SECTION 6.22. Lease-purchase contracts.

The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided that the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.

SECTION 6.23. Fiscal year.

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

SECTION 6.24. Preparation of budgets.

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

SECTION 6.25. Submission of operating budget to city council.

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

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SECTION 6.26. Action by city council on budget.

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

SECTION 6.27. Tax levies.

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

SECTION 6.28. Changes in appropriations.

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

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SECTION 6.29. Independent audit.

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

SECTION 6.30. Contracting procedures.

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

SECTION 6.31. Centralized purchasing.

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

SECTION 6.32. Sale and lease of city property.

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

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

ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.

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

SECTION 7.11. Prior ordinances.

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

SECTION 7.12. Existing personnel and officers.

Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect 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 appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.

SECTION 7.13. Pending matters.

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

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SECTION 7.14. Construction.

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

SECTION 7.15. Severability.

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

SECTION 7.16. Specific repealer.

An Act incorporating the City of Coolidge in the County of Thomas, State of Georgia, approved March 5, 1976, (Ga.L. 1976 p. 2872), is hereby repealed in its entirety, and all amendatory acts thereto are likewise repealed in their entirety.

SECTION 7.17. General repealer.

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

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to provide a new charter for the City of Coolidge; and for other purposes.

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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 Thomasville Times-Enterprise, which is the official organ of Thomas County, on the 24th of February, 2021; 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 1st of March, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

__________

GEORGIA LAWS 2021 SESSION

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

No. 76 (House Bill No. 708).

AN ACT

To create the City of Hapeville Public Facilities Authority; to provide for a short title; to provide for the appointment of members of the authority; to provide for the purpose and scope of operation; to provide for definitions; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority; to provide for interests and remedies to bondholders; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for moneys received to be deemed trust funds; to provide for tort immunity; to provide for tax exemption; to provide for rates, charges, and revenues; to provide for effect on other governments; to provide for construction of the act and 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 Hapeville Public Facilities Authority Act."

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

(a) There is hereby created a public body corporate and politic to be known as the "City of Hapeville 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 council of the City of Hapeville. With respect to the initial appointment, all members shall be appointed for a term of two years until successors are appointed and qualified. Thereafter, all appointments shall be made annually at the expiration of each two-year term and the previous year's appointees shall continue to serve until their 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

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be at least 21 years of age, shall be a resident of the city for at least 12 months 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 of the authority shall not be compensated for their services; provided, however, that the 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 two years and until their successors are duly elected and qualified. (e) Three members of the authority shall constitute a quorum and a majority of a quorum is required to take action. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority. (f) Any member of the authority can be removed by a majority vote of the city council. The city council shall fill such vacancy within three months of removal of any member. If a member resigns or is unable to diligently preform his or her duties, the city council shall declare the seat vacant and shall fill such vacancy within three months' time of resignation.

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 corporate purposes for the citizens of the city.

SECTION 4. Definitions.

As used in this Act, the term: (1) "Authority" means the City of Hapeville Public Facilities Authority created by this Act. (2) "City" means the City of Hapeville, 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 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

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authorized in this Act; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. (4) "Project" means all buildings, facilities, services, and equipment necessary or convenient for the efficient operation of the city or any department, agency, division, or commission thereof, 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 herewith, 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 or on behalf of the city; (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 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;

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(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 to 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 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; (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; and (15) To do all things necessary or convenient to carry out the powers expressly given in this Act.

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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, that no revenue bonds shall have a maturity exceeding 20 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, 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. In case any officer whose signature shall appear on any revenue bond shall cease to be such officer before the delivery of such revenue bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if that person had remained in office until such delivery.

SECTION 8. 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. The mayor and city council of the city shall also approve the issuance of revenue bonds. 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

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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 by a majority of its members.

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 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 moneys.

SECTION 12. Same; trust indenture as security; 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

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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, 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.

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 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 Fulton 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.

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SECTION 16. 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 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 a county. The officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of a county when in the performance of their public duties or work of a county.

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 to the extent permitted by and in accordance with the laws of the state.

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, provided that the city has agreed to such rates, revenues, tolls, fees, and charges in an intergovernmental agreement with the authority. The authority is hereby further authorized 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.

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SECTION 20. Effect on other governments.

This Act shall not and does not in any way take from the city or any political subdivision of the state the power 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. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 24. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2021 session of the General Assembly of Georgia a bill to create the City of Hapeville Public Facilities Authority; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, David Dreyer, Representative from District 59, 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 Daily Report, which is the official organ of Fulton County, on the 20th of January, 2021; 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 DREYER Affiant

Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of March, 2021, Before me:

s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 2, 2022 [SEAL]

Approved May 3, 2021.

__________

GEORGIA LAWS 2021 SESSION

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WAYCROSS JUDICIAL CIRCUIT JUDGE SALARY SUPPLEMENTS; INCREASE AMOUNTS.

No. 77 (House Bill No. 709).

AN ACT

To amend an Act providing that the governing authority of each county comprising the Waycross Judicial Circuit may supplement the compensation, salary, expenses, and allowances of each of the judges of the superior courts of the Waycross Judicial Circuit, approved March 20, 1985 (Ga. L. 1985, p. 3879), as amended, particularly by an Act approved May 8, 2018 (Ga. L. 2018, p. 3975), so as to increase the amounts of such supplements; 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 that the governing authority of each county comprising the Waycross Judicial Circuit may supplement the compensation, salary, expenses, and allowances of each of the judges of the superior courts of the Waycross Judicial Circuit, approved March 20, 1985 (Ga. L. 1985, p. 3879), as amended, particularly by an Act approved May 8, 2018 (Ga. L. 2018, p. 3975), is amended by revising Section 1 as follows:

"Section 1. In addition to the compensation, salary, expenses, and allowances presently being received by the judges of the superior courts of the Waycross Judicial Circuit from the State of Georgia or from any other source, the governing authority of each county comprising the Waycross Judicial Circuit shall supplement the compensation, salary, expenses, and allowances of each of the judges of the superior courts of the Waycross Judicial Circuit. The division of payment among the six counties shall not be less than the following amounts for each judge:

Bacon

$490.00 per month

Brantley

$590.00 per month

Charlton

$490.00 per month

Coffee

$1,000.00 per month

Pierce

$590.00 per month

Ware

$1,000.00 per month"

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SECTION 2. This Act shall become effective upon approval by the Governor or upon 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 2021 session of the General Assembly of Georgia an Act to amend an Act providing that the governing authority of each county comprising the Waycross Judicial Circuit may supplement the compensation salary, expenses