Local and special acts and resolutions of the General Assembly of the state of Georgia 1969 [volume 2]



Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia 19690000 English

Page 2002

LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1969 19690000 Compiled and Published by Authority of the State

Page 2001

Compiler's Note To speed publication, the Acts and Resolutions of the 1969 session, with the exception of the proposed amendments to the Constitution, were sent to the printer in the order in which they were released from the Governor's office. This made only a broad classification possible. General Acts and Resolutions were grouped in one volume beginning at page 1 and running through page 1380. The proposed amendments to the Constitution were grouped together beginning at page 1149 of Volume One and are followed by a complete index beginning at page 1157. This volume is bound separately. Local and special Acts and Resolutions were grouped in one volume beginning on page 2001. Revisions and amendments of municipal charters made pursuant to The Municipal Home Rule Act of 1965 as amended, and filed in the Office of Secretary of State during 1968, are printed in Volume Two beginning on page 4159. There are no intervening pages between 1380 and 2000. The index, which is published in full in each volume, covers material included in both volumes. It is in two parts: a broad tabular index which attempts to supply some of the advantages which might have been gained from a more detailed classification, which speed of publication made impossible. This is followed by a regular alphabetical index.

Page 2003

LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1969 TOWN OF NEWINGTONNEW CHARTER. No. 5 (House Bill No. 65). An Act to grant a new charter to the Town of Newington in Screven County, Georgia; to repeal and replace the original charter of said town granted by order of the superior court of Screven County dated November 24, 1910; to provide for the incorporation of said town; to provide for corporate limits; to provide for corporate powers; to provide for the governing authority of said town to consist of a mayor and five councilmen; to provide for their qualifications, election and terms of office; to provide for the organization of the government of said town; to provide for the duties of the mayor; to provide for a mayor's or recorder's court and for its powers and jurisdiction; to provide for the compensation of the mayor and councilmen; to provide for the continuation

Page 2004

of certain ordinances, by-laws, rules and regulations; to provide for a town clerk, town attorney and town marshall; to provide for meetings of the mayor and council; to provide for all procedures, requirements and other matters connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Article I Section 1.01. Incorporation. This Act is a new charter and shall constitute the whole charter of the Town of Newington, situated in Screven County, Georgia, repealing and replacing the original charter of said Town of Newington which was granted by order of the superior court of Screven County, Georgia, dated November 24, 1910, and recorded in Minute Book B at pages 166 through 169, inclusive, and as amended. That from and after the passage of this Act, the inhabitants of the Town of Newington now embraced in the corporate limits of said town, hereinafter described, be, and they are hereby continued incorporated under the name and style of the Town of Newington and are hereby invested with all the rights, powers and privileges incident to municipal corporations in the State of Georgia, and all rights, powers, titles, ordinances, laws, rules, regulations, property, easements, duties, liabilities and hereditaments now belonging or in any way appertaining to the said town, as heretofore incorporated, shall continue of full force and effect except as otherwise altered herein. The present elected officials shall continue to hold office until such time as they are succeeded or re-elected as provided herein. Section 1.02. Corporate Limits. The corporate limits of said town shall extend for a radius of one-half mile from the center of the intersection of Lucas and Main Streets in said town, being the present corporate limits, and as shown by plat of survey made by John E. Twitty, Surveyor, dated November 1, 1910, and recorded in Minute Book B, page 169, of the records of the Superior Court of Screven County, Georgia.

Page 2005

Section 1.03. Corporate Powers. Be it further enacted, that the corporate powers of the town, to be exercised by the mayor and council, may include the following: (a) To levy and to provide for the assessment, valuation, re-evaluation, and collection of taxes, not to exceed twenty (20) mills, on all property subject to taxation. (b) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions. (c) To appropriate and borrow money, and to provide for the payment of the debts of the town, and to authorize the expenditure of said money for any municipal purposes, or for matters of National or State interest. (d) To acquire, dispose of, and hold in trust or otherwise, any real, personal or mixed property, inside or outside the town. (e) To condemn property inside or outside the town, for present or future use, and for any corporate purpose deemed necessary by the mayor and council, under section 36-202 of the Code of Georgia, 1933, or under other applicable public acts. (f) To acquire, construct, operate, distribute, sell, and dispose of public utilities, including but not limited to a system of waterworks and/or a natural gas system subject to the provisions of applicable general law. For water and gas furnished and for all sewerage and sanitary services rendered, said town shall have a lien against any property of the persons served; said lien to be enforceable in the same manner and with the same remedies as a lien for Town property taxes. (g) To grant franchises or make contracts for public utilities and public services. The mayor and council may prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor.

Page 2006

(h) To regulate the rates and services of public utilities insofar as not in conflict with such regulation by the Georgia Public Service Commission or other similar State or Federal agency having jurisdiction in such matters. (i) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and any other public improvements, inside or outside the town; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under section 36-202 of the Code of Georgia or other applicable public acts. (j) To require real estate owners to repair and maintain in a safe condition, the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so. (k) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (l) To provide for the collection and disposal of garbage, rubbish and refuse. Charges may be imposed to cover the costs of such services which, if unpaid, shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and town property taxes and shall be enforceable in the same manner, and under the same remedies, as a lien for town property taxes. (m) To define, regulate and prohibit any Act, practice, conduct or use of property which is detrimental, or likely to be detrimental to the health, morals, safety, security, peace, convenience, or general welfare of inhabitants of the town. (n) To define a nuisance in the town and to provide for its abatement. The mayor or recorder of the town, as the

Page 2007

case may be, shall have jurisdiction of all nuisance abatement proceedings in the town. The town shall provide by ordinance for any building, structure, or condition maintained in violation of any valid law of this State or any valid ordinance of the town, to be adjudged a nuisance and for its abatement at the owner's expense upon his failure or refusal to abate the same within ten days after written notice from the town to do so. (o) To establish minimum standards for, and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing and housing for the health, sanitation, cleanliness and safety of inhabitants of the town and to provide for the enforcement of such standards. This subsection does not apply to work done by and for public utilities. (p) To regulate and license weights and measures. (q) To provide that persons given jail sentences in the town court shall work out such sentences on the streets, or any public works of the town, or in a town workhouse established for this purpose, as provided by ordinance; or the council may provide for the commitment of town prisoners to any county work camp, or jail, by agreement with the appropriate county officers. (r) To regulate and license, or prohibit, the keeping or running at large of animals and fowls and to provide for the impoundment of same, in violation of any ordinance or lawful order; also to provide for their disposition, by sale, gift, or humane killing, when not redeemed as provided by ordinance. (s) 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 amounts prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles. (t) To levy and provide for the collection of special assessments for public improvements.

Page 2008

(u) To provide that the violation of any ordinance, rule, regulation or order shall be punishable as a misdemeanor, as hereinafter provided. (v) 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, morals, and general welfare of the town and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in the Act as fully and completely as if such powers were fully enumerated herein. No enumeration of particular powers in this Act 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 Towns under the Constitution or applicable public acts of the State. Section 1.04. Corporate Seal. The said town shall have a corporate seal of a round metal stamp which shall have the words Town of Newington, Georgia, Official Seal affixed and arranged in such metal stamp so that the same can be impressed on documents. Article II Section 1.01. Establishment of Town Government. Be it further enacted, that the corporate and governmental powers of the Town of Newington shall be vested in a mayor and five (5) councilmen. The mayor and council shall be elected by the qualified voters of the town and shall exercise their powers in such manner as prescribed by this charter, the Constitution and applicable general laws of the State of Georgia, or if not prescribed, in such manner as prescribed by duly established ordinances of the Town of Newington. Section 1.02. Mayor: Qualifications, Term of Office. Be it further enacted, that to be eligible for the office of mayor, a person must meet the requirements of a qualified elector for members of the General Assembly as prescribed by State law, must have been a bona fide resident of the Town of Newington for one year next preceding the election

Page 2009

in which he offers as a candidate, and must have no debts outstanding against him in favor of the town. The term of office of mayor shall be two (2) years. If at any time after his election, a mayor-elect shall be convicted by a court of competent jurisdiction of a crime involving moral turpitude, the office shall be declared by the council to be vacant and shall be filled in the manner herein prescribed for filling vacancies occurring in the office of mayor or councilman. Section 1.03. Councilmen: Qualifications, Terms of Office. Be it further enacted, that the qualifications for the office of councilman shall be the same as those prescribed for the office of mayor. The term of office of councilman shall be two (2) years. Section 1.04. Mayor, Election. The current mayor's term of office expires after the election and qualification of his successor in the regular 1970 election. Section 1.05. Councilmen, Elections to Posts. Councilmen shall be elected to councilman posts, hereby designated as Councilman Post No. 1, Councilman Post No. 2, Councilman Post No. 3, Councilman Post No. 4, and Councilman Post No. 5. Current councilmen's terms for Councilman Posts Nos. 1 and 2 expire after the election and qualification of their successors in the regular 1970 election. Current Councilmen's terms for Councilman Posts Nos. 3, 4 and 5 expire after the election and qualifications of their successors in the regular 1971 election. Section 1.06. Oath of Office. Be it further enacted, that before a person takes any office in the town government, he shall take before an officer of this State, authorized to administer oaths, the following oath or affirmation: I solemnly swear (or affirm) that I will support the Constitution of the United States and of the State of Georgia; that I will in all respects, observe the provisions of the charter and ordinances of the Town of Newington, and that I will faithfully discharge the duties of the office of...... So help me God.

Page 2010

Section 1.07. Time of Taking Office. Be it further enacted, that elected officials of the town shall take office at the first meeting of the mayor and council after their election. Section 1.08. Vacancies. Be it further enacted, that when a vacancy shall occur in any elected office, the vacancy shall be filled by appointment by the council. Article III Section 1.01. Regular Elections, Time and Place for Holding. Be it further enacted, that regular elections for mayor and councilmen as provided herein shall be held on the first Thursday of January of each year, at such place in the town as the mayor and council designated in the election notice. The polls shall be open from 7 o'clock a.m. to 7 o'clock p.m., and voting shall be by secret ballot. Section 1.02. Municipal Election Code. Be it further enacted, that elections shall comply with the provisions of Title 34A of the Code of Georgia of 1933, and the mayor and council may adopt proper ordinances to comply therewith as provided by law. A candidate for council must designate the Council Post Number that he seeks. Article IV Section 1.01. Organization. Be it further enacted, that the town government shall continue as presently organized, unless and until otherwise provided by ordinance. The council, by such ordinances, may establish, abolish, merge or consolidate offices, positions of employment, departments, and agencies of the town; 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, department, and agencies of the town. Section 1.02. Administrative Duties of Mayor. Be it further enacted, that the mayor shall be the executive head of the town government, responsible for the efficient and

Page 2011

orderly administration of the town's affairs. He shall be responsible for the enforcement of laws, rules and regulations, ordinances and franchises in the town; and may direct the town attorney to take such legal actions as necessary for such purposes. He may conduct inquiries and investigations into the conduct of the town's affairs and shall have such powers and duties as may be provided by ordinance not inconsistent with this Act. Section 1.03. Mayor's or Recorder's Court. (a) Be it further enacted, that there shall be a mayor's or recorder's court in said town, for the trial of all offenders against any laws and ordinances of said town, to be held by the mayor or recorder in the courtroom in the town hall of said town as often as necessary. If the council shall so decide, a recorder shall be appointed to serve from year to year, at a salary to be fixed by the council; and if so appointed, such recorder shall conduct the court. If no recorder be appointed, then the mayor shall conduct the court. If both mayor and recorder be absent or disqualified, then any councilman designated in writing by the mayor may hold court. Said recorder or mayor shall have full power and authority to sentence any offender, upon conviction, to labor upon the streets or other public works in said town for a period not exceeding thirty days, or to impose a fine not exceeding three hundred dollars, or both. Either one or more of said penalties may be imposed in the discretion of the presiding officer. When sitting as a court for the trial of offenders the said court shall have power to punish for contempt by fine not exceeding fifty (50) dollars, imprisonment or work in the manner already prescribed in this section for not exceeding ten (10) days, one or both, at the discretion of the trial court. (b) There may be an appeal in any case from the recorder's or mayor's court to the mayor and council, which appeal must be in writing and entered within two days after the judgment complained of is pronounced; and provided, further, that the defendant gives bond, with security, to abate the final judgment of the case, said bond and security to be approved by the arresting officer or chief of police. The said mayor and council shall as early thereafter as is

Page 2012

practicable, hear and determine the said case so appealed, and shall investigate the case as fully as if the same had never been tried; that is de novo. They shall have the power, if they find the defendant guilty, to decrease the fine or sentence imposed by the recorder's court, or to increase it at their discretion; and the judgment of the mayor and council may be reviewed by certiorari to the Superior Court of Screven County, as is provided for in sections 19-203 to 19-216, both inclusive, Code of Georgia of 1933, and any Act amendatory thereof. (c) The recorder of said town shall be authorized to issue warrants for offenses committed within the corporate limits of said town against any law or ordinance of said town or this State, and when the offense is against the State the recorder may hear evidence and commit to jail or take bond for appearance before the State court having jurisdiction of the offense, as a justice of the peace could do. If the offense charged in the warrant be done against the laws or ordinances of the town, the arresting officer shall carry before the recorder's court and none other, and the same there be disposed of as other cases of arrest not made under warrant. All warrants issued by the recorder, or those acting in his stead, shall be directed to the chief of police of Newington, any policeman or marshal thereof, and to all and singular the sheriffs, deputy sheriffs and constable of this State, and any one of said officers shall have the same authority to execute said warrant as the sheriffs of this State have to execute criminal warrants. (d) The recorder, or those holding the recorder's court in his stead, shall have the power and authority to subpoena witnesses to attend the recorder's court under the same rules and regulations that regulate and govern the superior courts of this State, to compel their attendance, and to punish any witness, who has been subpoenaed and fails to attend, under the provisions for contempt already provided for in this charter. (e) Any police officer of the Town of Newington shall have authority to release any person arrested for a violation of any law or ordinance of said town, or law over

Page 2013

which the recorder may have jurisdiction, upon such person giving bond, with security, payable to the Town of Newington in an amount and surety to be approved by the policeman or as directed by the town recorder, conditioned for the appearance of such person before the recorder's court at the time and place specified in said bond and from time to time until he or she shall have been tried for the offense for which charged. (f) If any person so released under appearance bond shall fail to appear for trial at the time named therein, such bond shall be forfeited; and a rule nisi shall be issued requiring him or the surety upon such bond to show cause before said court, at a time not less than ten days from the date of such rule, why such bond shall not be absolutely forfeited. Copies of such rule shall be served upon such person or persons to whom it shall be directed at least five days before the return days thereof, provided service may be made personally or by mailing a written notice to such person or persons at their last known address. At the time such rule is made returnable and no sufficient cause be shown, the forfeiture of said bond shall be final and absolute, and execution shall issue for the full amount thereof, and all costs, in the same amounts, as are applicable in such cases in the superior courts, against the principal and sureties thereon or such of them as shall have been served. Such execution shall be signed by the clerk of the Town of Newington and the recorder and shall be directed as warrants are directed, as set out hereinabove, and the same when so issued shall be a lien upon all property, real or personal of such parties, and binding effect upon property and of the defendant and surety therein as if the same were issued upon judgment in the superior courts, and shall be levied by any officer to whom it shall be directed. Provided, however, that any police officer of said town may require cash bonds for the appearance of such arrested person or persons, and upon their failure to appear at the trial thereof, said cash bond may, in the discretion of the town recorder, or those acting in his stead, be regarded as a fine and so assessed by said recorder and paid into the treasury of the town.

Page 2014

Section 1.04. Presiding Officer, Quorum, Records Voting. Be it further enacted, that the council shall be presided over at its meetings by the mayor, or, in his absence, by the mayor pro tem, elected by a majority of the council. A majority of the council shall be necessary to form a quorum for the transaction of business. The council shall cause to be kept in a well-bound book an accurate record of all its proceedings, which shall be indexed and open to the inspection of any citizen taxpayer. At each meeting, the proceedings of the last meeting shall be read, and corrected if erroneous, and signed by the presiding officer and attested by the town clerk. The mayor, in case of a tie, shall have the deciding vote. Section 1.05. Compensation. Be it further enacted, that the mayor and councilmen shall receive such compensation for their services as may be fixed by council, which shall not be increased or diminished during their term of office. Section 1.06. Existing Ordinances. Be it further enacted, that all ordinances, by-laws, rules and regulations, now in force and effect in said town not inconsistent with this Act, are hereby declared valid and of force. Section 1.07. Town Clerk. Be it further enacted, the mayor and council shall appoint a town clerk, who shall be responsible for keeping the town seal and records of the council, attending meetings and keeping a journal of meetings, including the names of members present and absent, keeping the financial records of the town, and performing such other duties as may be required. His salary shall be as prescribed by the mayor and council. Section 1.08. Town Attorney. Be it further enacted, that the mayor and council shall appoint a town attorney, who shall be compensated for his services in an amount to be determined by the mayor and council. Section 1.09. Town Marshal. The mayor and council shall appoint a town marshal or chief of police and assistants, if deemed necessary, and grant to such officer or officers the necessary powers to carry out the duties of such officers.

Page 2015

Section 1.10. Mayor and Council Meetings. Regular monthly meetings of mayor and council shall be held on the second Thursday of each month. Special meetings may be held on call by the mayor, with at least 24 hours notice to be given to council members. Article V Section 1. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1969 session of the General Assembly of Georgia, a bill to grant a new charter to the Town of Newington, repealing and replacing the original charter of said town, and as amended, and for other purposes. This 11th day of December, 1968. H. Walstein Parker Representative, District 55 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. Walstein Parker who, on oath, deposes and says that he is Representative from the 44th District, and that the attached copy of notice of intention to introduce local legislation was published in the Sylvania Telephone which is the official organ of Screven County, on the following dates: December 13, 20 and 27, 1968. /s/ Walstein Parker Representative, 44th District

Page 2016

Sworn to and subscribed before me, this 15th day of January, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 11, 1969. CITY OF ALBANYEMPLOYEES' PENSION FUND ACT AMENDED. No. 6 (House Bill No. 10). An Act to amend an Act approved February 16, 1943 (Ga. L. 1943, p. 1154), entitled An Act to provide and empower the City of Albany, Georgia to furnish aid and relief and to grant pensions to all employees of said city; and for other purposes., and Acts amendatory thereof approved February 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2098), and February 18, 1959 (Ga. L. 1959, p. 2027), so as to increase the amount which the the City of Albany may levy and assess against the salaries of employees to fund the cost of pensions; to increase the maximum annual contribution of the city to the pension fund; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. Section 5 of Act No. 105 of 1943, approved February 16, 1943 (Ga. L. 1943, p. 1154), as amended, by Act No. 27 of 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2098), and as amended by Act No. 47 approved February 18, 1959 (Ga. L. 1959, p. 2027), is hereby amended by striking section 5 in its entirety, and substituting in lieu thereof a new section 5 which shall read as follows: Section 5. The City of Albany, Georgia, is authorized and empowered to levy and collect a tax on the salaries of

Page 2017

all its employees in all departments covered by the terms of this Act not to exceed $8.00 per month per employee plus 5% of the amount of the monthly salary earned by each employee in excess of $416.00 per month and the city treasurer or some other authorized person shall retain such sums from the salaries of said employees. Said City of Albany is authorized and empowered to levy a tax on all taxable property of said city ad valorem, and to use other available funds of the city for the purpose of paying said pensions and other benefits under the pension system, and for making the payments and contributions into the pension fund as hereinafter provided. Said city shall contribute to the pension fund an amount equal to all revenue raised or received from city employees by reason of the tax herein levied against the salaries of said employees, and in addition is authorized and empowered to make a contribution each year to said pension fund not to exceed $30,000.00 in any calendar year, the amount within said limits to be determined by the board of city commissioners of said city; but if no such contribution is made in any year, the amount which said city may contribute to said fund may be, in the discretion of said board of city commissioners, cumulative. All of said funds shall be turned over to the city treasurer, and shall be kept in a separate fund and disbursed under the terms of the Act, and all valid ordinances passed and adopted pursuant thereto; provided, however, said funds and investments may also be from time to time turned over to and placed in the custody of any bank or trust company which is, at the time, serving as fiscal agent or expert for said city. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced for passage at the ensuing 1969 term of the General Assembly of Georgia a bill to amend Section 5 of Georgia Laws 1943, page 1154, as amended by Georgia Laws 1953, page 2098, and Georgia Laws 1959, page 2027, so as to increase the amount which the City of Albany is authorized and empowered

Page 2018

to levy and collect from employees to fund pensions, and to increase the limitation on city contributions for said purposes. This 10th day of December, 1968. Fred W. Mills, Mayor City of Albany, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Colquitt H. Odom who, on oath, deposes and says that he is Representative from the 61st District, and that the attached copy of notice of intention to introduce local legislation was published in The Albany Herald which is the official organ of Dougherty County, on the following dates: December 12, 19, 26, 1968. /s/ Colquitt H. Odom Representative, 61st District Sworn to and subscribed before me, this 13th day of January, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 14, 1969.

Page 2019

LAW LIBRARIES CREATED IN CERTAIN COUNTIES (20,200-20,500). No. 7 (House Bill No. 27). An Act to provide revenue and a source of revenue for the purpose of improving the operation of the courts and promoting justice in any counties in this State having a population of not less than 20,200 and not more than 20,500, according to the United States decennial census of 1960, or any future such census, by providing an adequate and suitable library for the judges, and officers of the courts; to provide for a board to receive and disburse such funds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That there is hereby created in each county in Georgia having a population of not less than 20,200 and not more than 20,500, according to the United States decennial census of 1960, or any future such census, a board to be known as the Board of Trustees of the County Law Library, and hereafter referred to as the board. Said board shall consist of the senior judge of the superior court of the circuit in which said county is located, the ordinary, the judge of the city court, if any, the president of the local Bar Association and the county attorney of said county. All of said trustees shall serve without pay. The judge of the superior court shall be chairman of said board and a majority of the members of said board shall constitute a quorum for the purpose of transacting all business that may come before the board. Created. Section 2. There is hereby created an office to be known as secretary-treasurer of the Board of Trustees of the County Law Library in each county, who shall be selected and appointed by the board, and he shall serve during the pleasure of the board. He shall serve also as librarian in addition to performing such services as the board may direct. He shall receive such compensation, if any, for his services as shall be fixed by the board. When no secretary-treasurer

Page 2020

is employed by the board, the clerk of superior court shall serve as ex-officio secretary-treasurer, without additional pay. Section 3. The board shall have control of the funds provided for in this Act and all funds received shall be deposited in a special account to be known as the County Law Library Fund. Said board shall have authority to expend the funds in accordance with provisions of this Act, and to invest any of the funds so received in any investments which are legal investments for fiduciaries in this State. Section 4. The Board of Trustees hereby created is given the following powers and duties: To provide for the collection of all money provided for in this Act; to provide for the payment of all administrative expenses; to seelct the books and periodicals to be purchased for the library; to select equipment and furnishings necessary for the library; to make all necessary rules and regulations governing the use of the library; to keep records of all its meetings and proceedings; all other powers necessary for the proper administration of the provisions of this Act. Board of trustees, powers. Section 5. The board may take by gift, grant, devise or bequest any money, real or personal property, or any other thing of value and hold or invest the same for the uses and purposes of the library. Gifts. Section 6. In all civic and criminal cases, tried, settled or disposed of by plea or cash bond in the superior court, the city court, if any, and the court of ordinary, there shall be assessed as costs, in addition to all other costs, the sum of $1.00 in each case to be known as a litigation fee. All such litigation fees shall be paid to the treasurer of the Board of Trustees of the County Law Library of the county in which said case was brought on the first day of each month thereafter by the person or authorities collecting same. Funds. Section 7. The money so paid into the hands of the treasurer of the Board of Trustees of the County Law Library herein provided shall be used for the following purposes:

Page 2021

The purchase of law books, reports, texts, periodicals, and library services; the purchase of necessary bookcases, supplies and equipment to be used in the library; the payment of the salary of the secretary-treasurer who shall also act as librarian; such other necessary expenditures in connection with the operation of the library as shall be authorized by the board of trustees. All books, furniture, supplies, equipment and other things purchased from the aforesaid funds, as well as all gifts of such, shall become the property of the county. Any surplus funds created and so declared by the Board of Trustees shall become the property of the county. Same. Section 8. The treasurer of the board shall give a good and sufficient surety bond payable to the county in such an amount as may be determined by the board to faithfully account for all funds received and disbursed by him. The premium on said bond shall be paid out of the County Law Library Fund. Treasurer's Bond. Section 9. This Act shall take effect upon the approval of the Governor and the passage of a resolution by a majority of the Board of Trustees and spread same upon the minutes of all courts affected and shall relate to all cases then pending in the courts above referred to, and thereafter filed. Effective date. Section 10. A case, within the meaning of section 6 of this Act, shall mean and be construed as any matter which is docketed upon the official dockets of said courts and to which a number is assigned and is judicial in nature, whether such matter is contested or not. Case defined. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 14, 1969.

Page 2022

CITY OF AMERICUS EMPLOYER AND EMPLOYEE CONTRIBUTIONS TO RETIREMENT FUND. No. 8 (House Bill No. 29). An Act to amend an Act creating a system of retirement for employees of the City of Americus, approved February 8, 1950 (Ga. L. 1950, p. 2230), as amended, particularly by an Act approved March 10, 1959 (Ga. L. 1959, p. 2681), so as to change the employer and employee contributions to said retirement system; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a system of retirement for employees of the City of Americus, approved February 8, 1950 (Ga. L. 1950, p. 2230), as amended, particularly by an Act approved March 10, 1959 (Ga. L. 1959, p. 2681), is hereby amended by striking from section 2, the following, whereever it shall appear: five (5%) and by inserting in lieu thereof the following: eight (8%), so that when amended section 2 shall read as follows: Section 2. From and after the passage and approval of this Act, the mayor and city council of Americus shall levy each pay day upon the salaries or per diems of each and every employee of said city to benefit hereunder a tax of not more than eight (8%) per cent of the salary or per diem which tax shall be deducted from the salary or per diem of each employee by said city and paid over to the retirement board hereinafter provided for. In like manner said city shall, through its mayor and council appropriate from the funds of said city and pay into the retirement fund hereby created a sum of money equal to the aggregate amount of said tax on said salaries and per diems of all the employees affected hereby.

Page 2023

Section 2. This Act shall become effective when approved by the Governor or when it otherwise becomes law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1969 General Assembly of Georgia, legislation to amend an Act creating the system of retirement for employees of the City of Americus, approved February 8, 1950 (Ga. L. 1960, p. 2230), as amended, so as to change the percentage of deduction from employees salaries or per diem which is paid to the retirement board; to change the percentage appropriated by the mayor and council for the employer share which is paid into the retirement fund; to provide an effective date; to repeal conflicting laws; and for other purposes. This 6th day of December, 1968. Janet S. Merritt, Rep. 46th Dist. Clarence A. Parker, Rep 46th Dist. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Janet S. Merritt who, on oath, deposes and says that he is Representative from the 46th District, and that the attached copy of notice of intention to introduce local legislation was published in the Americus Times-Recorder which is the official organ of Sumter County, on the following dates: December 6, 13, 20, 1968. /s/ Janet S. Merritt Representative, 46th District

Page 2024

Sworn to and subscribed before me this 13th day of January, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 14, 1969. CITY OF SMITHVILLEAD VALOREM TAXATION. No. 9 (House Bill No. 36). An Act to amend an Act providing for a charter for the City of Smithville, approved December 11, 1901 (Ga. L. 1901, p. 633), as amended, by an Act approved August 12, 1914 (Ga. L. 1914, p. 1182), an Act approved August 18, 1919 (Ga. L. 1919, p. 1314), an Act approved March 3, 1964 (Ga. L. 1964, p. 2229), an Act approved March 24, 1965 (Ga. L. 1965, p. 2573), and an Act approved April 4, 1967 (Ga. L. 1967, p. 2442), so as to provide for the power and authority to levy and collect such ad valorem taxes for the ordinary current expenses not in excess of fifteen (15) mills on the dollar upon the assessed values of all real and personal property in the City of Smithville; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for a Charter for the City of Smithville approved December 11, 1901, (Ga. L. 1901, p. 633), as amended, by an Act approved August 12, 1914 (Ga. L. 1914, p. 1182), an Act approved August 18, 1919 (Ga. L. 1919, p. 1314), an Act approved March 3, 1964 (Ga. L. 1964, p. 2229), an Act approved March 24, 1965 (Ga. L. 1965, p. 2573), and an Act approved April 4, 1967 (Ga. L. 1967, p. 2442), is hereby amended by striking from section 23 the following: To defray the ordinary annual expenses of the city government, a tax not to exceed one-half of one per centum;

Page 2025

and to pay any other extraordinary expenses of the city government, such tax as not to exceed one-half of one per centum, as may be necessary in the discretion of the mayor and city council of Smithville, so that section 23 when so amended shall read as follows: Section 23. Be it further enacted, that for the purpose of raising revenue for the support and maintaining of the city government, the mayor and city council of Smithville shall have full power and authority, and shall prescribe by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the incorporate limits of said city. That the mayor and city council of Smithville shall have the power and authority to levy and collect such ad valorem taxes for ordinary current expenses of the City of Smithville not in excess of fifteen (15) mills on the dollar upon the assessed value of all real and personal property in said City of Smithville. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. There will be introduced for passage at the January-February, 1969, session of The General Assembly of Georgia, a local Bill affecting the City of Smithville, the caption of which is as follows: An Act to amend an Act providing for a charter for the City of Smithville, approved December 11, 1901 (Ga. L. 1901, p. 633), as amended, by an Act approved August 12, 1914 (Ga. L. 1914, p. 1182), an Act approved August 18, 1919 (Ga. L. 1919, p. 1314), an Act approved March 3, 1964 (Ga. L. 1964, p. 2229), an Act approved March 24, 1965 (Ga. L. 1965, p. 2573), and an Act approved April 4, 1967 (Ga. L. 1967, p. 2442), so as to provide for the power and authority to levy and collect such ad valorem taxes for the ordinary current expenses not in excess of fifteen (15)

Page 2026

mills on the dollar upon the assessed values of all real and personal property in the City of Smithville; to repeal conflicting laws; and for other purposes. Mayor and City Council of The City of Smithville. BY: /s/ Dorothy Hays City Clerk Georgia - Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James M. Collier, who, on oath, deposes and says that he is Representative of the 54th District in the General Assembly of Georgia which comprises the counties of Lee and Terrell of the State of Georgia, and is the author of the foregoing local Bill, and that the attached copy of notice of intention to introduce local legislation was published in The Albany Herald, Albany, Georgia, which is the official organ of said county, in which the sheriff's advertisements for Lee County are published, on the following date: December 7, 1968; and December 14, 1968; and December 21, 1968, the same being once a week for three weeks during the period of sixty days immediately preceding the introduction of the same into the General Assembly. /s/ James M. Collier Representative of the 54th District, which comprises the Counties of Lee and Terrell, State of Georgia. Sworn to and subscribed before me, this the 14th day of January, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved February 14, 1969.

Page 2027

WALTON COUNTYACT PLACING SHERIFF ON SALARY BASIS AMENDED. No. 11 (House Bill No. 40). An Act to amend an Act placing the sheriff of Walton County on a salary in lieu of the fee system of compensation, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2172), so as to change the compensation of the sheriff; to provide for personnel within the sheriff's office; to provide for the compensation of such personnel; 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 placing the sheriff of Walton County on a salary in lieu of the fee system of compensation, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2172), is hereby amended by striking from section 2 the words and figures eight thousand dollars ($8,000.00) and inserting in lieu thereof the words and figures nine thousand dollars ($9,000.00) so that when so amended section 2 shall read as follows: Section 2. The sheriff shall receive an annual salary of nine thousand dollars ($9,000.00), payable in equal monthly installments from the funds of Walton County. Said salary shall not be diminished thereafter during the term of office of said officer. Any increase or decrease of said sheriff's salary shall only be by legislative Act of the General Assembly of Georgia. Sheriff's salary. Section 2. Said Act is further amended by striking in its entirety section 4 and substituting in lieu thereof a new section 4 to read as follows: Section 4. The sheriff shall have the authority to appoint such deputies, and other personnel as he shall deem necessary to effectively discharge the official duties of his office. Provided however that said personnel shall be defined as follows: Deputies, etc.

Page 2028

Chief Deputy sheriff Regular Deputy sheriff(s) Radio Operator-bookkkeeper There shall be one chief deputy sheriff who shall be designated by the sheriff, and said chief deputy sheriff shall receive an annual salary of nine thousand dollars ($9,000.00) payable in equal monthly installments from the funds of said county. The sheriff shall submit in writing to the governing authority of said county the number of regular deputy sheriffs, not to exceed five in number, and the name of each individual, and state therein the starting salary of each within the limits herein provided. The salary of each regular deputy sheriff shall be no less than five thousand four hundred dollars ($5,400.00) and not more than six thousand six hundred dollars ($6,600.00), and shall be payable in equal monthly installments from the funds of said county as designated by the sheriff. The sheriff shall have the authority to designate to the governing authority one person who shall be employed in the sheriff's office as a radio operator and bookkeeper. Said employee's annual salary shall be no less than three thousand six hundred dollars ($3,600.00) and not more than four thousand two hundred dollars ($4,200.00) and shall be payable as designated by the sheriff in equal monthly installments from the funds of said county. Section 3. Said Act is further amended by striking in its entirety section 5 and substituting in lieu thereof a new section 5 to read as follows: Section 5. The necessary operating expenses of the sheriff's office including, but not limited to, office supplies, furniture, uniforms, firearms, vehicles, utilities, equipment, and any repairs and maintenance involved in the use of same, as may be reasonably required in discharging the functions and duties of said office, shall be furnished by the county governing authority as presented in the budget

Page 2029

of the sheriff, but only upon the approval of the governing authority. Provided however, salaries, as hereinbefore stated, shall be a part of the budget, but subject only to the approval of the sheriff, within the limits of this Act, and when in this Act any wording refers to budgetary items being increased or decreased, it is expressly provided herein that said items do not include salaries. Operating expenses. Section 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to provide for a change in the compensation of the sheriff of Walton County; to provide for a change in compensation of employees of said office; to provide for specific employment in said office; to provide for an effective date of the Act; and for other purposes, the same being an Act to amend an Act of the General Assembly of Georgia, approved June 30, 1964 (Ga. L. 1964, p. 2172). This 16th day of December, 1968. Marvin W. Sorrells Representative-Elect 24th District Walton County Georgia, Walton County. Personally appeared before the undersigned officer, an officer duly authorized to administer oaths, Sanders Camp, who, on oath, deposes and says that he is the editor and publisher of the Walton Tribune, which is the official organ of Walton County, and that the attached notice of

Page 2030

intention to introduce local legislation was published in said Walton Tribune on December 18, 1968; December 25, 1958; and January 1, 1969. /s/ Sanders Camp, Publisher Walton Tribune Sworn to and subscribed before me, this 10th day of January, 1969. /s/ Hazel M. Prather, Notary Public, Walton County, Georgia. (Seal). Approved February 14, 1969. FORSYTH COUNTYCOMPENSATION OF COUNTY COMMISSIONERS AND COUNTY ATTORNEY. No. 12 (House Bill No. 367). An Act to amend an Act creating a board of commissioners for Forsyth County, Georgia, approved June 30, 1964 (Ga. L. 1964, Ex. Sess. p. 2225), as amended, by an Act approved March 24, 1965 (Ga. L. 1965, p. 2419), by an Act approved February 28, 1966 (Ga. L. 1966, p. 2608), and by an Act approved March 21, 1968 (Ga. L. 1968, p. 2570), so as to change the provisions relating to the compensation of the chairman of said board; to change the provisions relating to the compensation and expense allowance of the other members of said board; to change the provisions relating to the county attorney; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners for Forsyth County, Georgia, approved June 30, 1964 (Ga. L. 1964, Ex. Sess. p. 2225), as amended, by an Act approved

Page 2031

March 24, 1965 (Ga. L. 1965, p. 2419), by an Act approved February 28, 1966 (Ga. L. 1966, p. 2608), and by an Act approved March 21, 1968 (Ga. L. 1968, p. 2570), is hereby amended by striking section 7 in its entirety and substituting in lieu thereof a new section section 7 to read as follows: Section 7. (a) The office of chairman of the board of commissioners of Forsyth County shall be considered a fulltime job. Therefore, to adequately compensate said chairman for such service, he shall receive a salary of $9,000.00 per annum, payable in equal monthly installments from the funds of Forsyth County; provided, however, upon the recommendation of two successive grand juries of Forsyth County and upon a resolution being duly adopted by the board, the salary of the chairman may be increased from $9,000.00 per annum to any figure up to and including a maximum salary of $12,500.00 per annum; provided further, that in the event the salary of the chairman is increased as provided herein, said salary may be decreased to not less than $9,000.00 per annum upon the recommendation of two successive grand juries of Forsyth County and upon a resolution being duly adopted by the board. Chairman's salary. (b) The salary of the other members of the board shall be $2,400.00 per annum each, plus $100.00 per month each as an expense allowance, all payable in equal monthly installments from the funds of Forsyth County. Members' salaries. Section 2. Said Act is further amended by striking section 17 in its entirety and substituting in lieu thereof a new section 17 to read as follows: Section 17. The Board shall have the authority to retain or employ a county attorney and fix his compensation, which shall be paid in such manner as the board shall determine from the funds of Forsyth County. In the event of litigation, the board shall be authorized to pay any additional sum that may be reasonable and shall also have the authority to employ additional counsel to aid in such litigation if the board deems the same to be necessary and expedient. County attorney.

Page 2032

Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given that there will be introduced at the January 1969 session of the General Assembly of Georgia legislation to change the compensation of the clerk of the superior court, the sheriff, the ordinary, tax commissioner, commissioners of roads and revenues, and employees and deputies of said offices, all of Forsyth County, Georgia. W. M. (Bill) Williams, Rep. 11st Dist. Joe T. Wood, Rep. 11th Dist. J. Robert Cooper, Rep. 11th Dist. Robert E. (Bob) Andrews, Senator 49th Dist. Notice is hereby given that there will be introduced at the January 1969 session of the General Assembly of Georgia Legislation to change the compensation of the county attorney for Forsyth County, Georgia. s/ W. M. (Bill) Williams, Rep. 11th Dist. s/ Joe T. Wood, Rep. 11th Dist. s/ J. Robert Cooper, Rep. 11th Dist. s/ Robert E. (Bob) Andrews, Senator 49th Dist.

Page 2033

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable W. M. (Bill) Williams who, on oath, deposes and says that he is Representative from the 11th District, and that the attached copy of notice of intention to introduce local legislation was published in The Forsyth County News which is the official organ of Forsyth County, on the following dates: December 19th, 26th, 1968; January 2nd, 1969. /s/ W. M. (Bill) Williams Representative, 11th District Sworn to and subscribed before me, this 23 day of January, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 21, 1969. FORSYTH COUNTYACT PLACING NAMED OFFICERS ON SALARY BASIS AMENDED. No. 13 (House Bill No. 368). An Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff and the tax commissioner of Forsyth County, approved February 28, 1966 (Ga. L. 1966, p. 2292), so as to change the provisions relating to the compensation of the clerk of the superior court and the sheriff; to change the provisions relating to the compensation of the deputies and clerical assistants of the clerk of the superior court, sheriff and tax commissioner; to change the provisions relating to the compensation of the ordinary and to provide that such compensation shall be in lieu of all fees or other compensation payable to said officer; to change the provisions

Page 2034

relating to the compensation of the clerk of said ordinary; to provide for all matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the compensation of the clerk of the superior court, the sheriff and the tax commissioner of Forsyth County, approved February 28, 1966 (Ga. L. 1966, p. 2292), is hereby amended by striking section 1 in its entirety and substituting in lieu thereof a new section 1 to read as follows: Section 1. The clerk of the superior court of Forsyth County shall receive an annual salary of $9,000.00 payable in equal monthly installments from the funds of Forsyth County; provided, however, upon the recommendation of two successive grand juries of Forsyth County, the governing authority of said county may increase the salary of the clerk from $9,000.00 per annum to any figure up to and including a maximum salary of $12,500.00 per annum; provided further, that in the event the salary of the clerk is increased as provided herein, said salary may be decreased to not less than $9,000.00 per annum by the governing authority of Forsyth County upon the recommendation of two successive grand juries of said county. Clerk of superior court. Section 2. Said Act is further amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. The sheriff of Forsyth County shall receive an annual salary of $9,000.00 payable in equal monthly installments from the funds of Forsyth County; provided, however, upon the recommendation of two successive grand juries of Forsyth County, the governing authority of said county may increase the salary of the sheriff from $9,000.00 per annum to any figure up to and including a maximum salary of $12,000.00 per annum; provided further, that in the event the salary of the sheriff is increased

Page 2035

as provided herein, said salary may be decreased to not less than $9,000.00 per annum by the governing authority of Forsyth County upon the recommendation of two successive grand juries of said county. Sheriff. Section 3. Said Act is further amended by striking from the last sentence of section 5 the figure $7,000.00 and inserting in lieu thereof the figure $9,000.00 so that when so amended section 5 shall read as follows: Section 5. The clerk of the superior court of Forsyth County shall have the authority to appoint and fix the compensation of one deputy clerk and one other assistant, who shall be compensated in equal monthly installments from the funds of Forsyth County. However, the total compensation of the deputy clerk and the other assistant shall, in no event, be less than $6,000.00 per annum or more than $9,000.00 per annum. Clerk's deputies. Section 4. Said Act is further amended by striking section 6 in its entirety and substituting in lieu thereof a new section to read as follows: Section 6. The sheriff of Forsyth County shall have the authority to appoint one chief deputy and fix his compensation at not more than $6,000.00 per annum, and four additional deputies and fix their compensation at not more than $4,800 per annum for each such deputy. The sheriff shall also be authorized to appoint one clerk and fix his compensation at not more than $4,000.00 per annum. The compensation of the chief deputy, deputies and clerk, as fixed by the sheriff as provided herein, shall be paid in equal monthly installments from the funds of Forsyth County. Deputy sheriff's, etc. Section 5. Said Act is further amended by striking from section 7 the figure $3,000.00 and inserting in lieu thereof the figure $4,000.00 so that when so amended section 7 shall read as follows: Section 7. The tax commissioner shall have the authority to appoint one clerk and fix his compensation in an

Page 2036

amount not to exceed $4,000.00 per annum, payable in equal monthly installments from the funds of Forsyth County. Tax commissioner's clerk. Section 6. Said Act is further amended by striking section 10 in its entirety and substituting in lieu thereof a new section 10 to read as follows: Section 10. (a) The ordinary of Forsyth County shall receive an annual salary of $5,000.00 payable in equal monthly installments from the funds of Forsyth County; provided, however, upon the recommendation of two successive grand juries of Forsyth County, the governing authority of said county may increase the salary of the ordinary from $5,000.00 per annum to any figure up to and including a maximum salary of $7,500.00 per annum; provided further, that in the event the salary of the ordinary is increased as provided herein, said salary may be decreased to not less than $5,000.00 per annum by the governing authority of Forsyth County upon the recommendation of two successive grand juries of said county. Ordinary. (b) The annual salary provided for the ordinary in sub-section (a) of this Section shall be in lieu of all fees, costs, forfeitures, penalties, allowances, fines, funds, monies and all other emoluments and perquisites of whatever kind heretofore received by the ordinary of his services. All such fees, costs, forfeitures, penalties, allowances, fines, funds, monies and all other emoluments and perquisites of whatever kind, as are now or may hereafter be allowed by law to be received or collected as compensation for services performed by the ordinary of Forsyth County, shall be diligently and faithfully collected by said officer and shall be held in trust for Forsyth County as public monies and paid over to the clerk of the board of commissioners on the first Tuesday in each month next following the month in which they were collected or received. At the time of each such monthly payment the ordinary shall also furnish the clerk of the board of commissioners of Forsyth County with a detailed, itemized statement, under oath, of all such funds received or collected during the preceding month. The statement shall show the respective amounts of money collected and the sources thereof.

Page 2037

Section 7. Said Act is further amended by striking from section 11 the figure $1,800.00 and inserting in lieu thereof the figure $4,000.00 so that when so amended section 11 shall read as follows: Section 11. The ordinary of Forsyth County shall have the authority to appoint one clerk and fix his compensation in an amount not to exceed $4,000.00 per annum, payable in equal monthly installments from the funds of Forsyth County. It shall be within the sole power and authority of the ordinary during his term of office to designate and name the person who shall be employed as such clerk and to prescribe his duties and assignments and to remove or replace such clerk at will and within his sole discretion. Clerk of ordinary. Section 8. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given that there will be introduced at the January 1969 session of the General Assembly of Georgia legislation to change the compensation of the clerk of the superior court, the sheriff, the ordinary, tax commissioner, commissioners of roads and revenues, and employees and deputies of said offices, all of Forsyth County, Georgia. W. M. (Bill) Williams, Rep. 11th Dist. Joe T. Wood, Rep. 11th Dist. J. Robert Cooper, Rep. 11th Dist. Robert E. (Bob) Andrews, Senator 49th Dist.

Page 2038

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable W. M. (Bill) Williams who, on oath, deposes and says that he is Representative from the 11th District, and that the attached copy of notice of intention to introduce local legislation was published in The Forsyth County News which is the official organ of Forsyth County, on the following dates: December 19th, 26th, 1968; January 2nd, 1969. /s/ W. M. (Bill) Williams Representative, 11th District Sworn to and subscribed before me, this 23 day of January, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 21, 1969. PAULDING COUNTY WATER AUTHORITYBONDS. No. 14 (House Bill No. 390). An Act to amend an Act creating the Paulding County Water Authority, approved April 5, 1961 (Ga. L. 1961, p. 2837), as amended, by an Act approved April 21, 1967 (Ga. L. 1967, p. 3478), and an Act approved March 21, 1968 (Ga. L. 1968, p. 2678), so as to strike the provisions limiting issuance of negotiable revenue bonds to a sum not to exceed $2,500,000; to provide that the interest rate limit for such bonds shall be in accordance with the provisions of an Act known as the Revenue Bond Law, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, particularly by an Act approved April 8, 1968 (Ga. L. 1968, p. 1010), or as amended in the future;

Page 2039

to provide for a maximum maturity date of 40 years; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Paulding County Water Authority, approved April 5, 1961 (Ga. L. 1961, p. 2837), as amended, by an Act approved April 21, 1967 (Ga. L. 1967, p. 2478), and an Act approved March 21, 1968 (Ga. L. 1968, p. 2678), is hereby amended by striking section 5 in its entirety and by inserting in lieu thereof a new section 5 which shall read as follows: Section 5. The Authority, or any Authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have the power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the limits set by an Act known as the Revenue Bond Law, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, particularly by an Act approved April 8, 1968 (Ga. L. 1968, p. 1010), or as amended in the future, payable semi-annually, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Section 2. Said Act is further amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9, to read as follows:

Page 2040

Section 9. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to amend an Act creating the Paulding County Water Authority, approved April 5, 1961 (Ga. L. 1961, p. 2837), as amended, so as to strike the provisions limiting issuance of negotiable revenue bonds to a sum not to exceed $2,500,000; to provide that the interest rate limitation for such bonds shall be in accordance with the provisions of an Act known as the Revenue Bond Law, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, to change and prescribe certain requirements pertaining to bids and purchasing procedures; to define certain conflicts of interest; to provide an effective date; and for other purposes. This 14th day of January, 1969. Dr. Jack Henderson, Representative, 117th District. Joe Mack Wilson, Representative, 117th District. George H. Kreeger, Representative, 117th District. Eugene Housley, Representative, 117th District.
Page 2041

Hugh Lee McDaniell, Representative, 117th District. Howard Atherton, Representative, 117th District. Al Burruss, Representative, 117th District. William D. Trippe, Senator, 31st District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dr. Jack Henderson who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of notice of intention to introduce local legislation was published in the Dallas New Era which is the official organ of Paulding County, on the following dates: January 16th, 23rd, 30th, 1969. /s/ Dr. Jack Henderson Representative, 117th District Sworn to and subscribed before me, this 11 day of Feb., 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved February 21, 1969.

Page 2042

TOWN OF RINCONRECORDER'S COURT. No. 15 (House Bill No. 78). An Act to amend an Act creating a charter for the Town of Rincon, approved August 3, 1927, (Ga. L. 1927, p. 1497), as amended, by an Act approved March 7, 1955, (Ga. L. 1955, p. 3140), and an Act approved February 27, 1956 (Ga. L. 1956, p. 2591), an Act approved March 5, 1957, (Ga. L. 1957, p. 2349), and an Act approved April 5, 1961 (Ga. L. 1961, p. 3238), so as to provide for the creation of a recorders court for the Town of Rincon to replace the existing mayor's court; to provide for the election of a recorder and the appointment of a recorder pro tem; to define the duties, powers and authority of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a charter for the Town of Rincon, approved August 3, 1927, (Ga. L. 1927, p. 1497), as amended, by an Act approved March 7, 1955, (Ga. L. 1955, p. 3140), and an Act approved February 27, 1956, (Ga. L. 1956, p. 2591), an Act approved March 5, 1957, (Ga. L. 1957, p. 2349), and an Act approved April 5, 1961, (Ga. L. 1961, p. 3238), is hereby amended by striking in its entirety section 10 and by inserting in lieu thereof a new section 10, which shall read as follows Section 10. The mayor and aldermen shall have full power and authority to enact and enforce all ordinances by-laws, rules, and regulations necessary for the good government of said town, and securing and promoting the welfare, peace, prosperity and health of its inhabitants, and to prescribe the penalties for violation of the same. The mayor's court for the trial of offenders against the laws and ordinances of the Town of Rincon shall be known as the recorder's court, which court is hereby created. The mayor and aldermen are authorized and empowered to elect a recorder to hold said court, to fix the qualifications, term of office, and compensation. Said recorder so elected shall

Page 2043

take such oath as may be prescribed by the mayor and aldermen. Any vacancy in the office of the recorder shall be filled by the mayor and aldermen. Such recorder, and in his absence, a recorder pro tem, who may be appointed by the recorder and must be a practicing attorney, may hold said court and may exercise all the powers conferred by law upon the recorder, and may punish for any violation of a law or ordinance of the Town of Rincon by a fine not exceeding one hundred dollars ($100.00), imprisonment in the city jail, or imprisonment in the county jail by permission of the county authorities, not exceeding 60 days, or work on the city work crew or other public work not exceeding 60 days, any one or more or all of these at the discretion of said recorder. When sitting as a court for the trial of offenders, the recorder shall have the power to punish for contempt by a fine not exceeding fifty dollars ($50.00), imprisonment or work in the manner already described, for a period of ten (10) days, one or both, at the discretion of the recorder. Created, etc. Section 2. Said Act is further amended by striking section 12 in its entirety and by substituting in lieu thereof a new section 12, which shall read as follows: Section 12. The recorder is authorized to issue warrants for offenses committed within the corporate limits of said town against any law or ordinance of said town or this State, and when the offense is against the State, the recorder may hear evidence and commit to jail or take bond for appearance before the State court having jurisdiction of the offense, as a justice of the peace could do. If the offense charged in the warrant be one against the laws or ordinances of the town, the arresting officers shall carry the case before the recorder's court and none other, and the same thereby disposed of as other cases of arrest not made under warrant. All warrants issued by the recorder, or the recorder pro tem acting in his stead, shall be directed to any policeman or marshal of the Town of Rincon, and to all and singular the sheriffs, deputy sheriffs and constables of this State, and any one of said officers shall have the same authority to execute said warrant as the sheriffs of this State have to execute criminal warrants.

Page 2044

Section 3. Said Act is further amended by striking section 14 in its entirety and by substituting in lieu thereof a new section 14, which shall read as follows: Section 14. The recorder, or the recorder pro tem, acting in his stead, shall have the power and authority to subpoena witnesses to attend the recorder's court under the same rules and regulations that regulate and govern the superior courts of this State, to compel their attendance, and to punish any witness who has been subpoenaed and who failed to attend, under the provisions for contempt already provided for in this charter. Same. Section 4. Said Act is further amended by striking section 15 in its entirety. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given that local legislation will be introduced in the 1969 session of the General Assembly of Georgia, to amend the charter for the Town of Rincon, Effingham County, Georgia, to eliminate the provisions in said charter for a mayor's court, the election of a Recorder and the appointment of a recorder pro tem, and to define the duties, powers and authority of said recorder's court. Paul E. Nessmith Representative, 44th District Vernon C. Hinely Mayor, Town of Rincon Ralph L. Crawford Attorney, Town of Rincon.

Page 2045

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul E. Nessmith who, on oath, deposes and says that he is Representative from the 44th District, and that the attached copy of notice of intention to introduce local legislation was published in the Springfield Herald which is the official organ of Effingham County, on the following dates: December 13th, 20th and 27th, 1968. /s/ Paul E. Nessmith Representative, 44th District Sworn to and subscribed before me, this 14th day of January, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. Approved February 24, 1969. WALTON COUNTYCOMPENSATION, ETC. OF CLERK OF SUPERIOR COURT AND ORDINARY. No. 21 (House Bill No. 41). An Act to amend an Act placing the compensation of the clerk of the superior court, the ordinary and coroner of Walton County on a salary basis in lieu of a fee basis, approved February 11, 1960 (Ga. L. 1960, p. 2056), as amended by an Act approved January 22, 1966 (Ga. L. 1966, p. 2655), so as to change the compensation of the clerk of the superior court and the ordinary; to change the clerical allowance for such officers; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 2046

Section 1. An Act placing the compensation of the clerk of the superior court, the ordinary and coroner of Walton County on a salary basis in lieu of a fee basis, approved February 11, 1960 (Ga. L. 1960, p. 2056), as amended by an Act approved January 22, 1966 (Ga. L. 1966, p. 2655), is hereby amended by striking from section 2 the words and figures eight thousand ($8,000.00) dollars and substituting in lieu thereof the words and figures nine thousand ($9,000.00) dollars so that when so amended section 2 shall read as follows: Section 2. The clerk of the superior court of Walton County shall be compensated in the amount of nine thousand ($9,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Walton County. The ordinary of Walton County shall be compensated in the amount of nine thousand ($9,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Walton County. The coroner of Walton County shall be compensated in the amount of six hundred ($600.00) dollars per annum, to be paid in equal monthly installments from the funds of Walton County. The governing authority of Walton County shall furnish the materials, supplies and equipment for the office of the clerk and the office of the ordinary and shall pay for other normal office expenses incurred in the performance of the duties of the office. Such materials, supplies, equipment and expenses shall be paid for upon approval of the governing authority of Walton County. Section 2. Said Act is further amended by striking in its entirety section 2A and substituting in lieu thereof a new section 2A to read as follows: Section 2A. In addition to the salary provided for the clerk of the superior court and the ordinary in section 2 of this Act, each officer shall receive an allowance for clerical assistance of not less than four thousand two hundred ($4,200.00) dollars payable in equal monthly installments from the funds of Walton County. In addition to the allowance herein provided, each officer shall receive an additional

Page 2047

sum of nine hundred ($900.00) dollars per annum to be used for the purpose of compensating additional clerical assistants and to be paid as designated by said officers. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to provide for a change in the compensation of the offices of the clerk of the superior court and the court of ordinary of Walton County, Georgia, and the clerical assistance for each office; to provide for an effective date of such act; and for other purposes, the same being an Act to amend an Act of the General Assembly of Georgia, approved February 11, 1960 (Ga. L. 1960, p. 2056), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2655). This 16th day of December, 1968. Marvin W. Sorrells Representative-Elect 24th District Walton County Georgia, Walton County. Personally appeared before the undersigned officer, an officer duly authorized to administer oaths, Sanders Camp, who, on oath, deposes and says that he is the editor and publisher of the Walton Tribune, which is the official organ of Walton County, and that the attached notice of intention

Page 2048

to introduce local legislation was published in said Walton Tribune on December 18, 1968; December 25, 1968; and January 1, 1969. /s/ Sanders Camp, Publisher Walton Tribune Sworn to and subscribed before me, this 10th day of January, 1969. /s/ Hazel M. Prather, Notary Public, Walton County, Georgia. (Seal). Approved February 26, 1969. WALTON COUNTYCOMPENSATION, ETC. OF TAX COMMISSIONER. No. 22 (House Bill No. 42). An Act to amend an Act creating the office of tax commissioner of Walton County, approved August 24, 1931 (Ga. L. 1931, p. 592), as amended, particularly by an Act approved February 11, 1960 (Ga. L. 1960, p. 2067), and an Act approved February 28, 1966 (Ga. L. 1966, p. 2525), so as to change the compensation of the tax commissioner; to change the clerical assistance allowance; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of tax commissioner of Walton County, approved August 24, 1931 (Ga. L. 1931, p. 592), as amended, particularly by an Act approved February 11, 1960 (Ga. L. 1960, p. 2067), and an Act approved February 28, 1966 (Ga. L. 1966, p. 2525), is hereby amended by striking from section 4 the words and

Page 2049

figures eight thousand ($8000.00) dollars and inserting in lieu thereof the words and figures nine thousand ($9,000.00) dollars so that when so amended section 4 shall read as follows: Section 4. Be it further enacted by the authority aforesaid, that the tax commissioner shall be compensated in the amount of nine thousand ($9,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Walton County. Except as otherwise provided in Section 4A, said amount shall be the sole and exclusive compensation for all services rendered by the tax commissioner. All fees and all other perquisites of whatever kind as are now or may hereafter be allowed by law to be received or collected for services by the tax commissioner shall be received and collected by him for the sole use of Walton County and shall be the property of Walton County. Such funds shall be held as public funds belonging to Walton County and shall be paid over to the fiscal authority of Walton County by the tenth day of each month for the immediately preceding month and shall be accompanied by a detailed, itemized statement under oath showing the amounts and the sources from which collected. It is hereby specifically provided that he shall not be entitled to the amount provided in an Act relating to the commission on taxes collected in excess of a certain percentage due according to the tax net digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 277), as amended. Section 2. Said Act is further amended by striking section 4A in its entirety and substituting in lieu thereof a new section 4A to read as follows: Section 4A. In addition to the salary provided for the tax commissioner in section 4 of this Act, said officer shall receive an allowance for clerical assistance of not less than four thousand two hundred ($4,200.00) dollars, payable in equal monthly installments from the funds of Walton County. In addition thereto, the tax commissioner shall receive, upon the written request of the governing authority, an additional clerical assistance allowance of nine hundred ($900.00) dollars per annum, payable as designated

Page 2050

by said tax commissioner. Such additional allowance shall be used by the tax commissioner to compensate such additional clerical assistants as shall be required. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular January, 1969 session of the General Assembly of Georgia, a bill to provide for a change in the compensation for the tax commissioner of Walton County; to provide for a change in the compensation of the clerical assistance of said office; to provide for an effective date of such act; and for other purposes; the same being an Act to amend an Act of the General Assembly of Georgia, approved August 24, 1931 (Ga. L. 1931, p. 592), as amended by an Act approved February 11, 1960 (Ga. L. 1960, p. 2067) as amended by an Act approved February 26, 1966 (Ga. L. 1966, p. 2525). This 16th day of December, 1968. /s/ Marvin W. Sorrells Representative-Elect, Walton County Georgia, Walton County Personally appeared before the undersigned officer, an officer duly authorized to administer oaths, Sanders Camp, who, on oath, deposes and says that he is the editor and publisher of the Walton Tribune, which is the official organ of Walton County, and that the attached notice of intention

Page 2051

to introduce local legislation was published in said Walton Tribune on December 18, 1968; December 25, 1968; and January 1, 1969. /s/ Sanders Camp, Publisher Walton Tribune Sworn to and subscribed before me, this 10th day of January, 1969. /s/ Hazel M. Prather Notary Public, Walton County, Georgia. (Seal). Approved February 26, 1969 WALTON COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 23 (House Bill No. 54). An Act to amend an Act creating a board of commissioners of Walton County, approved August 1, 1929 (Ga. L. 1929, p. 747), as amended, particularly by an Act approved February 11, 1960 (Ga. L. 1960, p. 2063), and an Act approved March 24, 1965 (Ga. L. 1965, p. 2447), so as to change the compensation of the chairman and other commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of Walton County, approved August 1, 1929 (Ga. L. 1929, p. 747), as amended, particularly by an Act approved February 11, 1960 (Ga. L. 1960, p. 2063), and an Act approved March 24, 1965 (Ga. L. 1965, p. 2447), is hereby amended by striking from section 14 the following: seven thousand dollars and nine hundred dollars and substituting in lieu thereof the following:

Page 2052

nine thousand dollars and one thousand eight hundred dollars, respectively, so that when so amended section 14 shall read as follows: Section 14. Be it further enacted by the authority aforesaid that the chairman of said board shall receive as his compensation the sum of nine thousand dollars per annum, payable monthly out of the county funds on his own warrant signed also by the clerk of said board. The four other members of said board shall receive as their compensation the sum of one thousand eight hundred dollars per year each, payable monthly out of the county funds on the warrant of the chairman of said board signed also by the clerk of said board. The chairman shall give his whole time and attention to the business of said county and shall keep his office in the courthouse in the City of Monroe. All powers to purchase and contract shall vest in the full five (5) man board. All contracts shall be approved and signed by a majority vote of said board before they are entered into, and all purchases over or as much as five hundred ($500.00) dollars shall be approved by a majority vote of said board before said purchase is made (the sum of $500.00 being the total consideration involved, including trade-ins). The full board is hereby vested with complete authority and control over all county matters. The chairman shall bring all matters pertaining to the duties of the board to the attention of the board at its regular meeting each month and he shall perform the duties of the board as directed by a majority vote of said board. On all matters not discussed and voted on at the regular meeting of the board each month, and matters arising during the interim between the dates that the board meets, it shall be the duty of the chairman to contact a majority of said board and get their approval, in writing, and the same shall be entered upon the minutes of said board. The chairman shall superintend all the work done by said county whether under contract or by hired labor. Custody and control over all county property is hereby vested in the full five (5) man board and it shall be used as directed by a majority vote of said board. All contracts and all purchases,

Page 2053

and all votes taken by the board, shall be listed and entered upon the minutes of said board. Compensation. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969 session of the General Assembly of Georgia, a bill to change the compensation of chairman and members of the board of commissioners of roads and revenues of Walton County; to provide an effective date; and for other purposes; the same being an Act to amend an Act of the General Assembly of Georgia, approved October 1, 1929 (Ga. L. 1929, p. 747), as amended particularly by an Act approved March 6, 1939 (Ga. L. 1939, p. 765), an Act approved March 7, 1955 (Ga. L. 1955, p. 2904), an Act approved February 14, 1958 (Ga. L. 1958, p. 2096), an Act approved February 11, 1960 (Ga. L. 1960, p. 2063), and an Act approved March 24, 1965 (Ga. L. 1965, p. 2447). This 16th day of December, 1968. /s/ Marvin W. Sorrells Representative-Elect 24th District Walton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Sorrells who, on oath, deposes and says that he is Representative from the 24th District, and that the attached copy of notice of intention to introduce local legislation was published in the Walton Tribune which is the official organ of Walton County, on the following dates: December 18, 1968, December 25, 1968, and January 1, 1969.

Page 2054

/s/ Marvin W. Sorrells Representative, 24th District Sworn to and subscribed before me this 15th day of January, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission expires Dec. 22, 1972 (Seal). Approved February 26, 1969. WALTON COUNTYBOARD OF EDUCATION. No. 24 (House Bill No. 55). An Act to amend an Act changing the manner and method of choosing members of the board of education of Walton County, approved April 4, 1968 (Ga. L. 1968, p. 2974), so as to provide that members of the Walton County board of education shall be elected by the electors of the Walton County school district; to change the term of the chairman; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the manner and method of choosing members of the board of Education of Walton County, approved April 4, 1968 (Ga. L. 1968, p. 2974), is hereby amended by striking the last paragraph of Section 1 and substituting in lieu thereof the following paragraph: Provided, however, at such time as the independent school system of the City of Social Circle may elect to become a part of the Walton County school system, the Walton County board of education shall be composed of nine (9) members. Seven (7) members shall come from Education

Page 2055

Districts No. 1 through 5, as aforesaid. The additional members shall come from Education Districts 6 and 7 as follows: The corporate limits of the City of Social Circle, as those limits are now delineated or as they may hereafter be altered, shall constitute Education District No. 6, and so much of the corporate limits of the City of Loganville as fall within Walton County, as those limits are now delineated or as they may hereafter be altered, shall constitute Education District No. 7. At such time as the corporate limits of the City of Loganville shall constitute Education District No. 7, the territorial limits of Districts No. 4 and 5, as set forth above, shall be altered so that no portion of the corporate limits of the City of Loganville shall be contained within such districts. There shall be elected to the board one member each from Districts 6 and 7. Candidates elected from District 6 shall occupy Post No. 8 on the board, and candidates elected from District 7 shall occupy Post No. 9 on the board. Members. Section 2. Said Act is further amended by striking in its entirety section 2 and substituting in lieu thereof a new section 2 to read as follows: Section 2. The members of the board of education of Walton County shall be elected as follows: Candidates offering for election to the Board of Education shall qualify by designating the particular post on the board for which they are offering as a candidate. Candidates must be a resident of the particular education district which correctly relates to their post number. Candidates shall be elected to the board by the vote of the electors of the Walton County School District. To be elected, a candidate must receive a majority of the votes cast for his particular post on the board. In the event no candidate receives the necessary majority, a runoff election shall be conducted pursuant to the Georgia Election Code. In the event of a vacancy on the board for any reason other than the expiration of the term of office, the remaining members of the board shall elect a successor for the education post who shall be a resident of the education district in which the vacancy occurs, who shall serve for the unexpired term. In the event a person who represents an education post from an

Page 2056

education district moves his residence from such district, a vacancy shall exist on the board in such post and it shall be filled in the same manner as other vacancies. Elections. Section 3. Said Act is further amended by striking in its entirety section 4 and substituting in lieu thereof the following: Section 4. At the first meeting of the board, conducted in each year, the members of the board shall elect a chairman to serve as such for the ensuing calendar year. Any member of the board shall be eligible to succeed himself as chairman. Four members of the board shall constitute a quorum for the transaction of any business which may come before the board. Chairman. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to provide that the members of the Walton County board of education shall be elected by the voters of Walton County on a county-wide basis rather than by education districts; to provide for an effective date; to repeal conflicting laws; and for other purposes, the same being an Act to amend an Act of the General Assembly of Georgia approved April 4, 1968 (Ga. L. 1968, p. 2974). This 16th day of December, 1968. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Sorrells who, on oath, deposes and says that he is Representative from the 24th District, and that the attached copy of notice of intention to introduce local legislation was published in

Page 2057

the Walton Tribune which is the official organ of Walton County, on the following dates: December 18, 1968, December 25, 1968, and January 1, 1969. /s/ Marvin W. Sorrells Representative, 24th District Sworn to and subscribed before me, this 15th day of January, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved February 26, 1969. HART COUNTYCOMPENSATION OF DEPUTY CLERK OF SUPERIOR COURT AND CLERK OF ORDINARY. No. 25 (House Bill No. 123). An Act to amend an Act placing the clerk of the superior court and ordinary of Hart County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2285), so as to change the method of compensating the deputy clerk of the superior court and the clerk of the ordinary; 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 placing the clerk of the superior court and ordinary of Hart County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2285), is hereby amended by striking from section 8 the last sentence thereof which reads as follows:

Page 2058

Said deputy shall receive a salary of $300.00 per month payable at the end of each month from the funds of Hart County. and substituting in lieu thereof the following: Said deputy shall receive a monthly salary of not less than $250.00 nor more than $325.00, the exact amount to be fixed annually by the board of finance of Hart County prior to the first day of March of each year., so that when so amended section 8 shall read as follows: Section 8. The clerk of the superior court is hereby authorized to appoint or employ one (1) deputy clerk to assist him in the performance of his duties who shall serve at the pleasure of said officer. Said deputy shall receive a monthly salary of not less than $250.00 nor more than $325.00, the exact amount to be fixed annually by the board of finance of Hart County prior to the first day of March of each year. Deputy clerk of superior court. Section 2. Said Act is further amended by striking the last sentence of section 9 which reads as follows: Said clerk shall receive a salary of $250.00 per month payable at the end of each month from the funds of Hart County., and substituting in lieu thereof the following: Said clerk shall receive a monthly salary of not less than $250.00 nor more than $325.00, the exact amount to be fixed annually by the board of finance of Hart County prior to the first day of March of each year., so that when so amended section 9 shall read as follows: Section 9. The ordinary is hereby authorized to appoint or employ one (1) clerk to assist him in the performance

Page 2059

of his duties who shall serve at the pleasure of said officer. Said clerk shall receive a monthly salary of not less than $250.00 nor more than $325.00, the exact amount to be fixed annually by the board of finance of Hart County prior to the first day of March of each year. Clerk of ordinary. Section 3. The provisions of this Act shall become effective upon its approval by the Governor or it otherwise becomes law. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is given that Local Legislation will be introduced in the 1969 Georgia General Assembly vesting in the Board of Finance by law the authority to fix the salaries of: the two sheriff's deputies at not less than $300 monthly and not more than $425 monthly; the assistant clerk of court, superior court, not less than $250 monthly and not more than $325 monthly; the deputy clerk of ordinary, not less than $250 monthly and not more than $325 monthly; the assistant tax collector, not less than $250 monthly and not more than $325 monthly. W. D. (Billy) Milford Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. Billy Milford who, on oath, deposes and says that he is Representative from the 12th District, and that the attached copy of notice of intention to introduce local legislation was published in the Hartwell Sun which is the official organ of Hart County, on the following dates: December 19, 1968, December 26, 1968, and January 2, 1969. /s/ W. D. Billy Milford Representative, 12th District

Page 2060

Sworn to and subscribed before me this 17th day of January, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved February 26, 1969. HART COUNTYCOMPENSATION OF DEPUTY SHERIFFS. No. 26 (House Bill No. 124). An Act to amend an Act placing the sheriff of Hart County upon an annual salary, approved March 31, 1965 (Ga. L. 1965, p. 3119) so as to change the method of compensating the deputy sheriffs; 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 placing the sheriff of Hart County upon an annual salary, approved March 31, 1965 (Ga. L. 1965, p. 3119), is hereby amended by striking from section 8 the last sentence thereof which reads as follows: Each of said deputies shall receive a salary of $325.00 per month payable at the end of each month from the funds of Hart County. and substituting in lieu thereof the following: Each of said deputies shall receive a monthly salary of not less than $300.00 nor more than $425.00, the exact

Page 2061

amount of said salary to be fixed annually by the board of finance of Hart County prior to the first day of March of each year., so that when so amended section 8 shall read as follows: Section 8. The sheriff is hereby authorized to appoint two (2) deputy sheriffs to assist him in the performance of his duties who shall serve at the pleasure of the sheriff. Each of said deputies shall receive a monthly salary of not less than $300.00 nor more than $425.00, the exact amount of said salary to be fixed annually by the board of finance of Hart County prior to the first day of March of each year. Section 2. The provisions of the Act shall become effective upon its approval by the Governor or it otherwise becomes law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is given that Local Legislation will be introduced in the 1969 Georgia General Assembly vesting in the Board of Finance by law the authority to fix the salaries of: the two sheriff's deputies at not less than $300 monthly and not more than $425 monthly; the assistant clerk of court, superior court, not less than $250 monthly and not more than $325 monthly; the deputy clerk of ordinary, not less than $250 monthly and not more than $325 monthly; the assistant tax collector, not less than $250 monthly and not more than $325 monthly. W. D. (Billy) Milford Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. Billy Milford who, on oath, deposes and says that he is Representative

Page 2062

from the 12th District, and that the attached copy of notice of intention to introduce local legislation was published in the Hartwell Sun which is the official organ of Hart County, on the following dates: December 19, 1968, December 26, 1968, and January 2, 1969. /s/ W. D. Billy Milford Representative, 12th District Sworn to and subscribed before me this 17th day of January, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved February 26, 1969. HART COUNTYCOMPENSATION OF ASSISTANT TO TAX COMMISSIONER. No. 27 (House Bill No. 125). An Act to amend an Act creating the office of tax commissioner of Hart County, approved March 4, 1935 (Ga. L. 1935, p. 687), as amended, particularly by an Act approved March 20, 1963 (Ga. L. 1963, p. 2315), so as to change the method of compensating the assistant to the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An act creating the office of tax commissioner of Hart County, approved March 4, 1935 (Ga. L. 1935, p. 687), as amended, particularly by an Act approved March 20, 1963 (Ga. L. 1963, p. 2315), is hereby amended

Page 2063

by striking from section 6 that sentence which reads as follows: The tax commissioner is hereby authorized and empowered to appoint one assistant, who shall be compensated in the amount of two hundred fifty ($250.00) dollars per month from the funds of Hart County. and substituting in lieu thereof the following: The tax commissioner is authorized and empowered to appoint an assistant. Said assistant shall receive a monthly salary of not less than two hundred fifty ($250.00) dollars nor more than three hundred twenty-five ($325.00) dollars, the exact amount to be fixed annually by the board of finance of Hart County prior to the first day of March of each year., so that when so amended section 6 shall read as follows: Section 6. Be it further enacted by the authority aforesaid that the board of finance of Hart County, Georgia, shall pay to the tax commissioner of said county, as full compensation for all duties performed by him as receiver and collector of State, county, school district, and any and all other taxes, including professional, poll, and special taxes, as well as costs for issuing tax fi. fas., a fixed salary of $4,800.00 per annum to be paid in monthly installments of $400.00 each. The tax commissioner is authorized and empowered to appoint an assistant. Said assistant shall receive a monthly salary of not less than two hundred fifty ($250.00) dollars nor more than three hundred twenty-five ($325.00) dollars, the exact amount to be fixed annually by the board of finance of Hart County prior to the first day of March of each year. Said assistant shall assist the tax commissioner in the performance of his duties and shall serve at the pleasure of the tax commissioner. The tax commissioner is further authorized and empowered to employ clerical assistance to be compensated from the funds of Hart County as hereinafter set forth. Any such person employed to perform and render clerical assistance shall be compensated in an amount no greater than that paid the

Page 2064

assistant appointed by the tax commissioner for an equal time of employment and the total sum allowed to be paid from the funds of Hart County for such clerical assistance shall not exceed one thousand ($1,000.00) dollars per annum. Except as herein provided, all other persons employed by the tax commissioner to assist him in the performance of the duties of his office shall be compensated by the tax commissioner out of the salary herein provided for such tax commissioner. Section 2. The provisions of this Act shall become effective upon its approval by the Governor or it otherwise becomes law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is given that Local Legislation will be introduced in the 1969 Georgia General Assembly vesting in the Board of Finance by law the authority to fix the salaries of: the two sheriff's deputies at not less than $300 monthly and not more than $425 monthly; the assistant clerk of court, superior court, not less than $250 monthly and not more than $325 monthly; the deputy clerk of ordinary, not less than $250 monthly and not more than $325 monthly; the assistant tax collector, not less than $250 monthly and not more than $325 monthly. W. D. (Billy) Milford Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. Billy Milford who, on oath, deposes and says that he is Representative from the 12th District, and that the attached copy of notice of intention to introduce local legislation was published in the Hartwell Sun which is the official organ of Hart

Page 2065

County, on the following dates: December 19, 1968, December 26, 1968, and January 2, 1969. /s/ W. D. Billy Milford Representative, 12th District Sworn to and subscribed before me this 17th day of January, 1969. /s/ Aralee Strange Mason Notary Public, Georgia, State at Large. My Commission expires Dec. 22. 1972. (Seal). Approved February 26, 1969. CITY OF ATLANTACHARTER AMENDED. No. 28 (House Bill No. 187). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that an Act entitled An Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be further amended as follows: Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for Fulton County are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a

Page 2066

copy of said notice accompanied by an affidavit to the effect that said notice has been published as provided by law, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the pasage of this local legislation, have been complied with for the enactment of this law. Advertisement. Section 2. An Act entitled An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes., approved February 15, 1952 (Ga. L. 1952, p. 2635), as amended, is hereby amended by striking from the beginning of section 1 the following language: Effective January 1, 1954, the number of wards in the City is hereby fixed at eight defined and constituted as follows:, and by inserting in lieu thereof the following: The number of wards in the City is hereby fixed at nine and defined and constituted as follows:, Nine wards. Section 3. Said amendatory Act is further amended by striking from section 1 the following: The Third Ward shall consist of the following voting precincts; Precincts 3A, 3B, 3D, 3E, 3F, 3G, 3H, 8D, 8E, and 8F, and inserting in lieu thereof the following: The Third Ward shall consist of the following voting precincts, as such precincts were defined on January 1, 1968: Third ward. Precincts 3B, 3C, 3L, 3N, 3P, 3Q, 3R, 3S and 3V. Section 4. Said amendatory Act is further amended by adding at the end of section 1 the following:

Page 2067

The Ninth Ward shall consist of the following redesignated voting precincts, as such precincts were defined on January 1, 1968, as precincts of the Third Ward: Precincts 9A, 9D, 9E, 9F, 9G, 9H, 9I, 9J, 9K, 9M, 9T, 9U, 9W, 9X and 9Y. Ninth ward. Section 5. Said amendatory Act is further amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. The board of aldermen created by this amendment, shall have power to make changes in the ward lines designated in section 1 of this Act at any time whenever it is deemed advisable to contract or extend them, for the benefit of the citizens thereof, provided that the ward lines, when rearranged shall not be more than nine wards, and provided further, that said board of aldermen are hereby required to make changes in said ward lines within one year after the publication of each United States Decennial Census for the purpose of maintaining the population of each such ward as nearly equal as practicable. Ward lines. Section 6. Said amendatory Act is further amended by striking the last sentence of section 4, which reads as follows: Such member must be elected by a majority vote of the qualified voters of the city., and inserting in lieu thereof a new sentence to read as follows: Each such member must be elected by a majority vote of the qualified voters voting from the entire city. Elections. Section 7. Said amendatory Act is further amended by striking section 11 in its entirety and substituting in lieu thereof a new section 11 to read as follows: Section 11. The board of education of the City of Atlanta shall consist of one member from each of the nine wards of the city, who shall be a resident of the ward, and in addition thereto there shall be elected one member from the city at large. The said members shall be elected at the same time members of the board of aldermen are elected and shall serve a term of four years or until their successors

Page 2068

are elected and qualified. Such members must be elected by a majority vote of the qualified voters voting from the entire city. Board of Education. Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given, that the City of Atlanta intends to apply for the passage of local legislation at the 1969 session of the General Assembly of Georgia, which convenes on Monday, January 13, 1969, to amend the charter of the City of Atlanta, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. This 18th day of December, 1968. Henry L. Bowden, City Attorney City of Atlanta Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Grace T. Hamilton who, on oath, deposes and says that she is Representative from the 112th District, and that the attached copy of notice of intention to introduce local legislation was published in the Fulton County Daily Report which is the

Page 2069

official organ of Fulton County, on the following dates: December 23, 30, 1968 and January 6, 1969. /s/ Grace T. Hamilton Representative, 112th District Sworn to and subscribed before me, this 17th day of January, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 26, 1969. HABERSHAM COUNTYELECTIONS AND COMPENSATION OF BOARD OF COUNTY COMMISSIONERS. No. 29 (House Bill No. 34). An Act to amend an Act creating a board of commissioners of roads and revenue for Habersham County approved February 13, 1956 (Ga. L. 1956, p. 2077), as amended by an Act approved April 2, 1963 (Ga. L. 1963, p. 2619), so as to provide for county-wide voting by the voters when electing said commissioners; to change the compensation of said commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenue for Habersham County approved February 13, 1956 (Ga. L. 1956, p. 2077), as amended by an Act approved April 2, 1963 (Ga. L. 1963, p. 2619), is hereby amended by striking from the fifth sentence in section 2 the following:

Page 2070

commissioner district from which the person offers as a candidate., and by inserting in lieu thereof the following: of the county at large., and by striking from the eighth, ninth, tenth, and eleventh sentences in said section the words by and, and by inserting in the twelfth sentence in lieu thereof the following: , by the voters of the county,, Elections, etc. so that when so amended section 2 shall read as follows: Section 2. For the purposes of electing the members of the board, Habersham County is hereby divided into three commissioner districts. Commissioner District Number One shall be composed of the following militia districts: 409 (Clarkesville), 422 (Deep Creek), 501 (Batesville), 666 (Cool Springs), and 977 (Fair Play). Commissioner District Number Two shall be composed of the following militia districts: 752 (Center Hill), 1021 (Fork), 1391 (Falling Water), 1486 (Demorest), and 1648 (Glade Creek). Commissioner District Number Three shall be composed of the following militia districts: 414 (Mud Creek), 1449 (Cornelia), 1612 (Baldwin), and 1693 (View). One member from each of the three commissioner districts shall be elected by the voters of the county at large. Any person offering as a candidate to represent a commissioner district must reside in the commissioner district from which he offers. The first members of the board shall be elected at the same time as the county officials of Habersham County are elected in the year 1956, and shall take office on January 1, 1957. The member elected from Commissioner District Number One at the 1956 election shall serve for a term of one year and until his successor is elected and qualified. The member elected from Commissioner District Number Two at the 1956 election shall serve for a term of two years, and until his successor is elected and qualified. The member elected from Commissioner District Number Three at the 1956 election shall serve for a term of three years

Page 2071

and until his successor is elected and qualified. Beginning in the year 1957, and each year thereafter, a successor to the member of the board whose term expires that year shall be elected, by the voters of the county, from the commissioner district of the member whose term expires that year for a term of three years. Such election shall be held on the Tuesday after the first Monday in November of each year and the member so elected shall take office on January 1 of the year following election. The present governing authority of Habersham County shall continue control of the affairs of Habersham County, that are placed under the control of the board by this Act, through December 31, 1956. Section 2. Said Act is further amended by striking from section 7 the following: one hundred dollars ($100.00), and by inserting in lieu thereof the following: two hundred dollars ($200.00), so that when so amended section 7 shall read as follows: Section 7. Each member of the board shall be compensated in the amount of two hundred dollars ($200.00) per month. Each member shall receive a per diem of ten dollars ($10.00) plus necessary expenses while outside the county on official business, provided, however, that the per diem and necessary expenses shall be set by the first grand jury in session after this Act becomes law, and any future changes in said per diem and necessary expenses shall also be effectuated by the grand jury. Such compensation to be paid from the funds of Habersham County. Compensation. Section 3. This Act shall become effective when approved by the Governor or when it otherwise becomes law. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2072

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to amend the Act creating the county commissioners of roads and revenues and to provide for their election on a county wide basis and to provide that candidates for said offices shall run from three districts evenly divided as to populations; to repeal conflicting laws, and for other purposes. This 23 day of December, 1968. Jack N. Gunter Representative, 6th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack N. Gunter who, on oath, deposes and says that he is Representative from the 6th District, and that the attached copy of notice of intention to introduce local legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following dates: December 26, 1968 and January 2, 9, 1969. /s/ Jack N. Gunter Representative, 6th District Sworn to and subscribed before me, this 14th day of January, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 27, 1969.

Page 2073

MUSCOGEE COUNTY EMPLOYEES' PENSION FUND ACT AMENDED. No. 30 (House Bill No. 43). An Act to amend an Act approved March 9, 1945 (1945 Ga. L., pp. 1100 et seq.) entitled An Act to provide that Muscogee County shall provide for a permanent pension fund for present and future employees, including the City-County Health Department and elected salaried officers, etc., and all acts amendatory thereof, said Bill to amend said Act to provide that employees of the Muscogee County Hospital Authority and Muscogee County Airport Commission shall be eligible to join the pension fund, and that said Hospital Authority and Airport Commission shall contribute monthly to said fund an amount equal to the total amount paid by employees of said bodies; to repeal conflicting laws; and for other purposes. Be it enacted, and it is hereby enacted by the General Assembly of the State of Georgia, as follows: Section 1. There is added to section 1 of said Act, subparagraph (a) as follows: Employees of the Muscogee County Hospital Authority and the Muscogee County Airport Commission shall be eligible to join the pension fund. All references herein to `county' shall include the respective political bodies of the City-County Health Department, Muscogee County Airport Commission, and Muscogee County Hospital Authority. Employees eligible. Section 2. There is substituted for section 3 of said Act, the following: The county shall contribute monthly to said fund, out of any funds other than ad valorem taxes, an amount equal to the total amount paid by employees of the county; and the City-County Health Department, the Muscogee County Hospital Authority, and the Muscogee County Airport Commission shall contribute monthly to said fund an amount

Page 2074

equal to the total amount paid by employees of the respective political bodies. Contributions. Section 3. Be it further enacted by the authority aforesaid, that the General Assembly advises, upon investigation made, and it so declares, that the notice of intention to apply for the enactment of this Bill was published in the manner required by Article III, Section VII, Paragraph XV, of the Constitution of the State of Georgia of 1945, as amended. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Muscogee County: This is to certify that the foregoing and attached copy of notice of intention to apply for the passage of Bill to amend an Act approved March 9, 1945, entitled An Act to provide that Muscogee County shall provide for a permanent pension fund for present and future employees, including the City-County Health Department and elective salaried officers, etc., and all Acts amendatory thereof, has been published as provided by law, once a week for three (3) weeks, namely, December 14, December 21, and December 28, 1968, in the Columbus Ledger, the newspaper in which the Sheriff's advertisements for Muscogee County are published. This the 9th day of January, 1969. /s/ M. R. Ashworth, Publisher The Columbus Ledger Columbus, Georgia Sworn to and subscribed before me, this the 9 day of January, 1969. /s/ Trudy Moody, Notary Public, Muscogee County, Georgia. My Commission expires Feb. 2, 1972. (Seal).

Page 2075

Notice of Local Legislation. Notice is given, hereby, of an intention to apply at the next Session of the General Assembly of Georgia which convenes in January, 1969 for the passage of a Bill to amend an Act approved of March 9, 1945, entitled An Act to provide that Muscogee County shall provide for a permanent pension fund for present and future employees, including the City-County Health Department and elective salaried officers, etc., and all Acts amendatory thereof, said Bill to amend said Act to provide as follows: 1. By adding to section 1 a sub-paragraph (a) as follows: Employes of the Muscogee County Hospital Authority and the Muscogee County Airport Commission shall be eligible to join the pension fund. All references herein to County shall include the respective political bodies of the City-County Health Department, Muscogee County Airport Commission, and Muscogee County Hospital Authority. 2. By striking all of section 3 and inserting in lieu thereof the following: The county shall contribute monthly to said fund, out of any funds other than ad valorem taxes, an amount equal to the total amount paid by employees of the county; and the City-County Health Department, the Muscogee County Hospital Authority, and the Muscogee County Airport Commission shall contribute monthly to said fund an amount equal to the total amount paid by employees of the respective political bodies. 3. And for other purposes. This the 12th day of December, 1968. /s/ Charles M. Evert County Attorney Muscogee County, Georgia Approved February 27, 1969.

Page 2076

CITY COURT OF HABERSHAM COUNTYSALARIES OF JUDGE AND SOLICITOR. No. 31 (House Bill No. 56). An Act to amend an Act creating and establishing the City Court of Habersham County, approved February 13, 1941 (Ga. L. 1941, p. 651), as amended by an Act approved March 28, 1947 (Ga. L. 1947, p. 1400), an Act approved February 25, 1949 (Ga. L. 1949, p. 1836), an Act approved March 5, 1957 (Ga. L. 1957, p. 2395), an Act approved March 2, 1966 (Ga. L. 1966, p. 2768), and an Act approved April 11, 1968 (Ga. L. 1968, p. 3678), so as to change the compensation of the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing the City Court of Habersham County, approved February 13, 1941 (Ga. L. 1941, p. 651), as amended by an Act approved March 28, 1947 (Ga. L. 1947, p. 1400), an Act approved February 25, 1949 (Ga. L. 1949, p. 1836), an Act approved March 5, 1957 (Ga. L. 1957, p. 2395), an Act approved March 2, 1966 (Ga. L. 1966, p. 2768), and an Act approved April 11, 1968 (Ga. L. 1968, p. 3678), is hereby amended by striking from section 10 the words: thirty-six hundred dollars, and inserting in lieu thereof the words: forty-eight hundred dollars, so that when so amended section 10 shall read as follows: Section 10. Be it further enacted by the authority aforesaid, that there shall be a judge of said city court, who shall be appointed and commissioned by the Governor, by and with the consent and advice of the Senate, who shall hold his office until December 31, 1944, and until his successor shall qualify, and thereafter, except in the case of a

Page 2077

vacancy, the judge of said city court shall hold his office by virtue of an election by the qualified voters of Habersham County, and shall hold his office for a term of four years, beginning on the first day of January, 1945, at the regular election of county officers of Habersham County, in the year 1944 there shall be elected by the qualified voters of said County of Habersham a judge of said city court who shall be commissioned by the Governor and shall hold his office for a term of four years from January 1, 1945, and at each of the regular elections held for the election of county officers, every four years from January 1, 1945, and at each of the regular elections held for the election of county officers, every four years thereafter, a judge of said court shall be elected. Any vacancy in said office shall be filled by appointment by the Governor for the unexpired term. The judge of said city court shall receive a salary of forty-eight hundred dollars per annum, which shall be paid monthly by the ordinary or other person or persons, who are now or may hereafter be charged by law with the paying out of the money of the County of Habersham, and shall be furnished an office in the court-house as other county officers; and it shall be the duty of the ordinary of said county or other proper officer, to make provision annually in levying taxes for this purpose. The said judge shall receive no other compensation. He shall not be prohibited from practicing law except that he shall not practice criminal law as defense counsel in any court in Georgia. Judge's salary. Section 2. Said Act is further amended by striking from section 14 the words: three thousand, and by inserting in lieu thereof the words: forty-two hundred, so that when so amended it reads as follows: Section 14. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court,

Page 2078

appointed, commissioned and confirmed in the same manner provided for the appointment and confirmation of the judge of said court, whose appointive term of office shall be until the 31st day of December, 1944, and who shall thereafter be elected and commissioned in the same manner, at the same time and for the same terms as is hereinbefore provided for the election of the judge of said court; and it shall be the duty of said solicitor to prosecute for all offenses cognizable before said court. The said solicitor shall receive the same fees for each written accusation as are allowed for each indictment in the superior court, and his fees for all other services rendered shall be the same as are a solicitor-general in the superior court; but all such fees shall be paid into the county treasury by the said solicitor as collected, and in lieu thereof he shall receive the sum of forty-two hundred dollars per year, which shall be paid monthly out of the county treasury. The said solicitor shall receive no other fees or compensation for his services, except that the solicitor of said city court shall for his services in the Supreme Court and Court of Appeals be paid out of the treasury of the State in the same manner as the solicitor-general of the superior court is paid for like services rendered in said courts. Solicitor's salary. Section 3. This Act shall become effective upon approval by the Governor or when it otherwise becomes law. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to amend the Act creating the City Court of Habersham County so as to change the rate of compensation for the judge and solicitor of the City Court of Habersham County; to repeal conflicting laws, and for other purposes.

Page 2079

This 23 day of December, 1968. Jack N. Gunter Representative, 6th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack N. Gunter who, on oath, deposes and says that he is Representative from the 6th District, and that the attached copy of notice of intention to introduce local legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following dates: December 26, 1968 and January 2, 9, 1969. /s/ Jack N. Gunter Representative, 6th District Sworn to and subscribed before me, this 15th day of January, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 27, 1969. HABERSHAM COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 32 (House Bill No. 57). An Act to amend an Act creating a board of commissioners of Habersham County, approved February 13, 1956 (Ga. L. 1956, p. 2077), as amended, particularly by an Act approved April 2, 1963 (Ga. L. 1963, p. 2619), so as to

Page 2080

change the compensation of the commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Habersham County, approved February 13, 1956 (Ga. L. 1956, p. 2077), as amended, particularly by an Act approved April 2, 1963 (Ga. L. 1963, p. 2619), is hereby amended by striking from section 7 the following: one hundred dollars ($100.00) and substituting in lieu thereof the following: two hundred dollars ($200.00), so that when so amended, section 7 shall read as follows: Section 7. Each member of the board shall be compensated in the amount of two hundred dollars ($200.00) per month. Each member shall receive a per diem of ten dollars ($10.00) plus necessary expenses while outside the county on official business, provided, however, that the per diem and necessary expenses shall be set by the first grand jury in session after this Act becomes law, and any future changes in said per diem and necessary expenses shall also be effectuated by the grand jury. Such compensation to be paid from the funds of Habersham County. Compensation. Section 2. The provisions of this Act shall become effective on the first day of the month following its approval by the Governor or it otherwise becomes law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia,

Page 2081

a bill to amend the Act creating the county commissioners of roads and revenue so as to change the rate of compensation for county commissioners of roads and revenues; to repeal conflicting laws, and for other purposes. This 23 day of December 1968. Jack N. Gunter Representative, 6th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack N. Gunter who, on oath, deposes and says that he is Representative from the 6th District, and that the attached copy of notice of intention to introduce local legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following dates: December 26, 1968 and January 2, 9, 1969. /s/ Jack N. Gunter Representative, 6th District Sworn to and subscribed before me, this 15th day of January, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 27, 1969.

Page 2082

CITY OF MACONEMPLOYEES' RETIREMENT SYSTEM ACT AMENDED. No. 33 (House Bill No. 79). An Act to amend an Act entitled An Act to reenact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending the same, passed since 1914, with certain changes in said Acts; to consolidate into one act, with such changes as may have become necessary or proper, all the acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend said Act of 1914 and the acts amendatory thereof; and for other purposes, approved August 3, 1927 (Ga. L. 1927, pp. 1283, et seq.), as amended, by amending division A of the City of Macon Pensions and Retirement System (Section 129, et seq., 1962 Code of the City of Macon; Ga. L. 1956, pp. 3146, et. seq.), so as to permit certain categories of employees of the City of Macon, not now eligible for participation in division A of said pensions and retirement system, to become members thereof and to participate therein, as provided by said division A, as hereby amended; to repeal conflicting provisions; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. An Act entitled An Act to amend an Act entitled `An Act to reenact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending the same, passed since 1914, with certain changes as may have become necessary and proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend said Act of 1914 and the Acts amendatory thereof; and for other purposes', approved August 3, 1927 (Ga. L. 1927, pp. 1283, et seq.), as amended by the Act approved March 6, 1956 (Ga. L. 1956, pp. 3146, et seq.), codified as section 129, et seq. of the 1962 Code of the City of Macon, establishing division A of the pensions

Page 2083

and retirement systems of the City of Macon, is hereby further amended, as provided in the following sections. Section 2. There is hereby enacted and added to section 4, paragraph II, subparagraph 5, of said Act of 1956 (Ga. L. 1956, pp. 3149 and 3150; sec. 131 (B) (5) (p. 110), 1962 Code of the City of Macon), at the end thereof, the following provision: Any provisions of this Act to the contrary notwithstanding, on and after April 1, 1969, any employee or official who was in the employment of the City of Macon on March 6, 1956, and did not signify his desire to become a member of division A, shall be given the privilege of executing in writing his desire to become a member of said division A and, upon his so signifying his said desire, he shall become a member of said division A under the same terms and conditions as if he had previously elected to become a member of division A. Such action on the part of the individual shall be taken not later than October 1, 1969, so that the same, as amended hereby, shall read and provide, as follows: 5. Persons employed by the City of Macon at the effective date of this amendment who signify within a period of sixty days their intention not to come under this division. This intention must be expressed in writing and presented in person to the pension committee. Persons electing to exclude themselves from this division shall be forever barred from participation herein. Any provisions of this Act to the contrary notwithstanding, on and after April 1, 1969, any employee or official who was in the employment of the City of Macon on March 6, 1956, and did not signify his desire to become a member of division A, shall be given the privilege of executing in writing his desire to become a member of said division A and, upon his so signifying his said desire, he shall become a member of said division A under the same terms and conditions as if he had previously elected to become a member of division A. Such action on the part of the individual shall be taken not later than October 1, 1969.

Page 2084

Section 3. There is hereby enacted and added to section 4, paragraph II, subparagraph 6, of said Act of 1956 (Ga. L. 1956, p. 3150; Sec. 131 (B) (6) (p. 110), 1962 Code of the City of Macon) at the end thereof, the following provision: provided, however, on or after April 1, 1969, any employee or official in the employment of the City of Macon who is not a member of division A by reason of being over 50 years of age at the time of employment, shall as a condition of his employment become a non-contributing member of division A under the same terms and conditions as any other member, except that he shall not accrue any retirement benefits, so that the same, as amended hereby shall read and provide, as follows: 6. Any employee or official whose age, upon employment hereafter, reemployment, qualification or requalification as an employee or official is fifty years or more, provided the persons now eligible for membership for the pension plan shall not be excluded by reason of this age limitation; provided, however, on or after April 1, 1969, any employee or official in the employment of the City of Macon who is not a member of division A by reason of being over 50 years of age at the time of employment, shall as a condition of his employment become a non-contributing member of division A under the same terms and conditions as any other member, except that he shall not accrue any retirement benefits. Section 4. All provisions of said division A of said City of Macon Pensions and Retirement System in conflict herewith are hereby repealed. Section 5. This Act shall become effective when approved by the Governor or when it otherwise becomes law. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Macon intends to apply for local legislation at the 1969 session of the General Assembly of Georgia, which convenes in January 1969, to amend the charter of the City of Macon (Ga. L. 1927, pp. 1283-1357, as amended) in the following respect:

Page 2085

1. To amend division A of the Macon Pensions and Retirement System (Section 129, et seq., 1962 Code of the City of Macon; Ga. L. 1956, pp. 3146, et seq.), so as to permit certain categories of employees of the City of Macon, not now eligible for participation in division A of said pensions and retirement system, to become members thereof and to participate therein as provided by said division A, as amended by such legislation. Any matter pertinent to and in aid of the general matters set forth may be included in such legislation or amendments thereto. This notice is given in compliance with Article III, Section VII, Paragraph XV, of the Constitution of the State of Georgia of 1945 (Section 2-1915, Code of Georgia, 1933, Annotated). This 19th day of December 1968. Lawton Miller City Attorney City of Macon Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Evans who, on oath, deposes and says that he is Representative from the 81st District, and that the attached copy of notice of intention to introduce local legislation was published in The Macon News which is the official organ of Bibb County, on the following dates: December 19, 26, 1968 and January 2, 1969. /s/ Billy L. Evans Representative, 81st District

Page 2086

Sworn to and subscribed before me, this 16th day of January, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 27, 1969. CITY OF MACONCORPORATE LIMITS. No. 34 (House Bill No. 80). An Act to amend an Act entitled An Act to reenact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending the same, passed since 1914, with certain changes in said Acts; to consolidate into one Act, with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend said Act of 1914 and the Acts amendatory thereof; and for other purposes, approved, August 3, 1927 (Ga. L. 1927, pp. 1283, et seq.), as amended, by amending section 2 of said Act of 1927, as amended, (Codified as section 2 of the 1962 Code of the City of Macon) to extend the present limits of the City of Macon so as to include therein certain territory in the County of Bibb contiguous to the boundaries of the present city; to describe said territory to be annexed to the city; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. An Act entitled: An Act to amend an Act entitled `An Act to reenact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending the same, passed since 1914, with certain changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of

Page 2087

said corporation; to amend said Act of 1914 and the Acts amendatory thereof; and for other purposes', approved August 3, 1927 (Ga. L. 1927, pp. 1283, et seq.), as amended, is hereby further amended by amending section 2 of said Act of 1927, as amended, (Codified as section 2 of the 1962 Code of the City of Macon) to extend the present limits of the City of Macon so as to include and to incorporate therein the territory, hereinafter described, including the Macon Junior College property. Section 2. The present corporate limits of the City of Macon are hereby extended so as to include within said corporate limits and to annex to the City of Macon that certain territory in the County of Bibb, State of Georgia, contiguous to the present corporate limits of the City of Macon as is embraced and included within the following boundary lines, to-wit: All those tracts or parcels of land situate, lying and being in land lots 71, 72, and 73 of the fourth land district, Bibb County, Georgia, being the Macon Junior College property and a portion of the right of way of re-located U. S. Highway 80, more particularly described as follows: Beginning at a point on the present city limits line which point marks the southerly R/W line of relocated U. S. 80 and the westerly property line of Macmen Hotel Corp.; thence running southwesterly along southerly R/W of relocated U. S. 80 for a distance of 148.8[UNK] more or less to a point on the R/W of relocated U. S. 80 and Frontage Road; thence continuing southwesterly along relocated U. S. 80 R/W across Interstate 475 to a point on the southerly R/W of relocated U. S. 80 and the westerly R/W of Interstate 475; thence continuing southwesterly along relocated U. S. 80 R/W a distance of 199.8[UNK] more or less; thence angle right along relocated U. S. 80 R/W a distance of 25[UNK] more or less; thence angle right along relocated U. S. 80 R/W a distance of 1,150[UNK] more or less to a point being the intersection of the southerly R/W of relocated U. S. 80 and the northerly R/W of Chambers Road; thence angle right across relocated U. S. 80 to a point being the intersection of the northerly R/W of relocated U. S. 80 and the westerly R/W of Raley Road; thence angle left and run south

Page 2088

34 46[UNK] 30[UNK] west183.6[UNK]; thence angle right along the northerly R/W of relocated U. S. 80 a distance of 1,306.5[UNK]; thence angle right and run south 85 51[UNK] west146.6[UNK] to the easterly R/W line of Ivey Drive; thence run along said easterly R/W of Ivey Drive a distance of 3,041.97[UNK] to the southerly R/W of Old U. S. 80 (Columbus Road); thence easterly along the R/W of old U. S. 80 (Columbus Road) a distance of 2,381.83[UNK] to westerly R/W of Raley Road; thence continuing easterly along R/W of old U. S. 80 (Columbus Road) across Raley Road a distance of 100[UNK] to a point on the easterly R/W of Raley Road; thence continuing easterly along R/W of old U. S. 80 (Columbus Road) north 60 43[UNK] 30[UNK] east78.27[UNK]; thence angle right south 69 49[UNK] 30[UNK] east85.7[UNK] to the westerly R/W of Interstate 475; thence southerly along the westerly R/W of Interstate 475 to a point separating property of Macon Junior College and Macon Motor Lodge, Inc.; thence angle right north 89 17[UNK] west151.6[UNK] to a point on the southerly R/W of Raley Road; thence westerly along said southern R/W of Raley Road to a point on the westerly R/W of Romeiser Drive; thence angle left along R/W of Romeiser Drive south 33 23[UNK] 30[UNK] east289.2[UNK]; thence angle right south 56 56[UNK] west200.0[UNK]; thence angle left south 33 04[UNK] east200.0[UNK] to a point being on the northerly R/W of relocated U. S. 80; thence northeasterly along said R/W of relocated U. S. 80 to a point where an extension of the easterly property line of Macmen Hotel Corp. would intersect said northerly R/W of relocated U. S. 80; thence angle right across relocated U. S. 80 to a point on the southerly R/W of relocated U. S. 80 being the northeasterly property corner of Macmen Hotel Corp.; thence angle right along southerly R/W of relocated U. S. 80 170.6[UNK] more or less to point of beginning. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made to the 1969 Session of the General Assembly of Georgia, which convenes in January 1969, for passage of local legislation

Page 2089

to amend section 2 of the charter of the City of Macon (Ga. L. 1927, pp. 1283-1357 as amended) to extend the present corporate limits of the city so as to include the Macon Junior College property within said corporate limits. Any matter pertinent to and in aid of the general matters set forth may be included in such legislation, or amendments thereto. This notice is given in compliance with Article III, Section VII, Paragraph XV, of the Constitution of the State of Georgia of 1945 (Section 2-1915, Code of Georgia, 1933, Annotated). This 28th day of December, 1968. Lawton Miller City Attorney City of Macon Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Evans who, on oath, deposes and says that he is Representative from the 81st District, and that the attached copy of notice of intention to introduce local legislation was published in The Macon News which is the official organ of Bibb County, on the following dates: December 28, 1968 and January 4, 11, 1969. /s/ Billy Evans Representative, 81st District Sworn to and subscribed before me, this 15th day of January, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 27, 1969.

Page 2090

CITY OF UNADILLACORPORATE LIMITS. No. 35 (House Bill No. 82). An Act to amend an Act creating a charter for the City of Unadilla, approved August 10, 1920 (Ga. L. 1920, p. 1705), as amended, particularly by an Act approved June 9, 1964 (Ga. L. 1964, Ex. Sess., p. 2050), so as to change the corporate limits; to provide for the assessment of ad valorem taxes on certain property for the year 1968; to provide that the governing authority of said city shall assess no ad valorem taxes on certain property subsequent to the year 1968; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a charter for the City of Unadilla, approved August 10, 1920 (Ga. L. 1920, p. 1705), as amended, particularly by an Act approved June 9, 1964 (Ga. L. 1964, Ex. Sess., p. 2050), is hereby amended by adding a new section at the end of section 1 of the amendatory Act of 1964 to be known as section 1A to read as follows: Section 1.A The following described property is hereby removed and shall no longer constitute a part of the corporate limits of the City of Unadilla: `All that piece or parcel of land situate, lying and being in land lots 42, 43, 54, 55, 74, and 75 of the third land district of Dooly County, Georgia, and being more particularly described as follows, to wit: `Beginning at a point marked by a railroad spike driven in the pavement of a county road near the eastern side of said pavement which point is the southwest corner of land lot 43 of the third land district cited above, and proceeding three hundred (300) feet N 88 00[UNK] E, along the south line of said lot to an iron stake; proceeding thence one thousand three hundred seventy (1,370) feet N 0 39[UNK] W, in a straight line, parallel to the west line of said lot to a point marked

Page 2091

by an iron stake three hundred (300) feet east of a railroad spike in the pavement in the west line of said lot; proceeding thence five thousand eight hundred ninety and fourtenths (5,890.4) feet N 89 00[UNK] E, along a one-time city limit line, across land lots 43 and 54 and two hundred (200) feet into land lot 75, to an iron stake in the east city limits line, which stake is to mark the southeast by east corner of the city; proceeding thence two thousand six hundred forty (2,640) feet S 1 23[UNK] E, along a straight line parallel to the west lines of land lots 75 and 74 to an iron stake two hundred (200) feet east of the west line of land lot 74, which stake marks the southeast corner of the lands hereby excluded from the city; proceeding thence six thousand two hundred twenty-four and three-tenths (6,224.3) feet S 89 00[UNK] W, along the eastwhile south city limit line across 200 feet of land lot 74 and across land lots 55 and 42 to an iron pipe stake buried in the center of the dirt road there which shall mark the southeast by south corner of said city; proceed thence one thousand two hundred seventy (1,270) feet N 0 39[UNK] W, along the west line of land lot 42 to the northwest corner of said lot which is the point of beginning of this description.' Section 2. The governing authority of the City of Unadilla shall assess for the year 1968 any and all ad valorem taxes with respect to the hereinabove described property. The governing authority of said city shall assess no ad valorem taxes subsequent to the year 1968 with respect to the hereinabove described property so long as said property shall remain outside the corporate limits of the City of Unadilla, Georgia. Ad valorem taxation. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Dooly County. Affiant, Mrs. C. M. Methvin, being first duly sworn to oath, says that she is the publisher of the Vienna News being

Page 2092

the paper, or local organ, in which legal, advertisements for the City of Unadilla, Georgia are published; that the intent to apply for local legislation, thereof a full, true and exact copy is herewith shown and attached, was duly and legally published in the issue of said newspaper, dated respectively, 23rd day of December, 1968; 2nd day of January, 1969; and 9th day of January, 1969; and said publication being made at the request of Rooney L. Bowen, Jr., being Representative from Dooly County, Georgia and that affiant has personal knowledge of the within averred facts. This 9th day of January, 1969. /s/ Mrs. C. M. Methvin Publisher, Vienna News Notice of Proposed Legislation. City of Unadilla, Georgia Corporate Limits. As provided by the Constitution of the State of Georgia, Notice is hereby given of intention to apply, at the next session (Beginning January 13, 1969) of the General Assembly, for passage of a bill to be entitled An Act to amend an Act found in Georgia Laws 1920, published by Authority at pages 1705 to 1750 inclusively, and to amend an Act of the Georgia Laws 1964, denominated as House Bill number 22, which said act extended the corporate limits of the City of Unadilla, Georgia. The purpose of the amendment to be applied for, as above set out, is to enable the governing body, of said City of Unadilla, to make certain necessary changes in the corporate limits of said City of Unadilla, Georgia. This 13 day of December, 1968. Rooney L. Bowen, Representative, Dooly County, Georgia.

Page 2093

Taken, Sworn to and subscribed in my presence in Dooly County, Georgia, This 9 January 1969: As witness my signature officially. /s/ J. M. Leggitt Commercial Notary Public. Dooly County, Georgia. (Seal) Approved February 27, 1969. CITY COURT OF HABERSHAM COUNTYNAME CHANGED TO CIVIL AND CRIMINAL COURT OF HABERSHAM COUNTY. No. 36 (House Bill No. 94). An Act to amend an Act creating and establishing the City Court of Habersham County, approved February 13, 1941 (Ga. L. 1941, p. 651), as amended, so as to change the name of said court to the Civil and Criminal Court of Habersham County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing the City Court of Habersham County, approved February 13, 1941, (Ga. L. 1941, p. 651), as amended, is hereby amended by striking from said Act and all amendatory Acts thereto, whenever it shall appear, the following: the City Court of Habersham County, and by inserting in lieu thereof: the Civil and Criminal Court of Habersham County,

Page 2094

so that the name of said court shall be the Civil and Criminal Court of Habersham County. Section 2. This Act shall not be construed to affect said court's status as a court of record. Intent. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to amend the Act creating the City Court of Habersham County so as to change the name, only, of the City Court of Habersham County from its present name to the Civil and Criminal Court of Habersham County; to repeal conflicting laws, and for other purposes. This 23 day of December, 1968. Jack N. Gunter Representative, 6th District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack N. Gunter, who, on oath, deposes and says that he is Representative from the 6th District, and that the attached copy of notice of intention to introduce local legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following dates: December 26, 1968, January 2, 1969, and January 9, 1969. /s/ Jack N. Gunter Representative, 6th District

Page 2095

Sworn to and subscribed before me this 15th day of January, 1969. /s/ Pamela A. Little Notary Public, Georgia State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 27, 1969. HABERSHAM COUNTY CLERK OF SUPERIOR COURT PLACED ON SALARY BASIS. No. 37 (House Bill No. 95). An Act to fix the compensation of the clerk of the superior court of Habersham County; to provide that all fees, commissions and other compensation of the clerk of the superior court of Habersham County shall be paid to the commissioners of roads and revenue; to provide for employees of the clerk; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. All fees, costs, percentages, forfeitures, penalties, allowances, and all other perquisites of whatever kind, as of now or may hereafter be allowed by law, to be received or collected for compensation for services by the clerk of the superior court, shall be received and diligently collected by him for the sole use of Habersham County, and shall be held as public monies belonging to Habersham County and accounted for and paid over to the board of commissioners of roads and revenue of Habersham County by the tenth day of each month, for the immediately preceding month, at which time a detailed itemized statement shall be made by the clerk of the superior court under oath showing such collections and the sources thereof, and the commissioners of roads and revenue of Habersham County shall keep a separate account showing such collections and the sources thereof. Fees.

Page 2096

Section 2. The Clerk of the superior court of Habersham County shall receive such salary as is determined and set by the board of commissioners of roads and revenue of Habersham County, but said salary shall not be less than $8,000.00 per annum nor more than $12,000.00 per annum, payable in equally monthly installments from the funds of Habersham County. The salary for said clerk, once set, shall not be diminished during any particular term of office. Provided, however, that any person who has served at least four years as clerk of the superior court shall receive a salary of not less than $9,000.00 per annum, and any such clerk of the superior court who has served at least eight years shall receive a salary of not less than $10,000.00 per annum. Salary basis. Section 3. The clerk of the superior court shall have the authority to appoint such personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. The clerk shall recommend, from time to time, the suggested compensation to be paid such employees. However, it shall be within the discretion of the governing authority of Habersham County to fix the compensation to be received by such employees in said office. Personnel. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to abolish the present mode of compensating the clerk of court of Habersham County, known as the fee system; to provide in lieu thereof an annual salary for the clerk of court; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs and emoluments; to provide periodic statments; to provide for operating expenses of said office; to provide for the employment

Page 2097

of personnel; to provide for compensation of such personnel; to repeal conflicting laws; and for other purposes. This 23 day of December, 1968. Jack N. Gunter Representative, 6th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack N. Gunter, Rep., 6th District who, on oath, deposes and says that he is Representative from the 6th District, and that the attached copy of notice of intention to introduce local legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following dates: December 26, 1968, January 2, 1969, and January 9, 1969. /s/ Jack N. Gunter Representative, 6th District Sworn to and subscribed before me this 15th day of January, 1969. /s/ Pamela A. Little Notary Public, Georgia State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved February 27, 1969. HABERSHAM COUNTY HOSPITAL AUTHORITYMETHOD OF APPOINTING BOARD OF TRUSTEES. No. 38 (House Bill No. 96). An Act to change the method of choosing successors to the board of trustees of the Habersham County Hospital

Page 2098

Authority; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Appointments to fill vacancies on the Habersham County Hospital Authority board of trustees shall be made as follows: (a) The commissioners of roads and revenue of Habersham County shall submit a list of three eligible persons (for each vacancy) to the board of trustees of the Habersham County Hospital Authority. (b) The said board of trustees, at its next regular meeting, shall select one of the three persons named in said list for each vacancy. The persons whose names are so chosen shall be the appointees to the said board of trustees. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to amend the Act creating the Habersham County Hospital Authority so as to change the method of selecting and electing members to the Habersham County Hospital Authority board of trustees; to repeal conflicting laws, and for other purposes. This 23 day of December, 1968. /s/ Jack N. Gunter Representative, 6th District

Page 2099

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack N. Gunter who, on oath, deposes and says that he is Representative from the 6th District, and that the attached copy of notice of intention to introduce local legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following dates: December 26, 1968, January 2, 1969, and January 9, 1969. /s/ Jack N. Gunter Representative, 6th District Sworn to and subscribed before me this 15th day of January, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved February 27, 1969. HABERSHAM COUNTYORDINARY PLACED ON SALARY BASIS. No. 39 (House Bill No. 97). An Act to abolish the present mode of compensating the ordinary of Habersham County, known as the fee system; to provide in lieu thereof annual salary for such officer; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of assistants and all required

Page 2100

personnel by such officer; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the ordinary of Habersham County, known as the fee system is hereby abolished, and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Salary basis. Section 2. The ordinary of Habersham County shall receive such salary as is determined by the commissioners of roads and revenue of Habersham County, but not less than $7,000 nor more than $9,000 per annum, payable in equal monthly installments from funds of Habersham County. Provided, however, that when any ordinary of Habersham County has been reelected to a second four-year term, his salary during said second and subsequent terms shall not be less than $8,000 per annum. Salary. Section 3. The ordinary of Habersham County shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed as compensation for services in any capacity in his office, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the ordinary shall furnish the county commissioners a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 4. The ordinary shall have the authority to appoint one clerk if he shall deem it necessary to efficiently and effectively discharge the official duties of his office. The ordinary shall, from time to time, recommend to the

Page 2101

governing authority of said county the suggested compensation to be paid such employee. However, it shall be within the discretion of the governing authority of Habersham County to fix the compensation to be received by such employee in said office within the range of $2,400.00 to $3,600.00 per annum. Clerk. Section 5. The necessary operating expenses of the ordinary's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county. All supplies, materials, furnishings, furniture, utilities, and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of such office, shall be furnished by the county and shall be paid from funds of the county. The determination of such requirements shall be subject to approval of the governing authority of Habersham County. Operating expenses. Section 6. The official bonds of the ordinary and the clerk as may be required by law, shall be procured by the ordinary, and the premiums and costs thereof shall be paid out of any county funds available for that purpose. Bonds. Section 7. The provisions of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to abolish the present mode of compensating the ordinary of Habersham County known as the fee system; to provide in lieu thereof an annual salary for the ordinary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs and emoluments; to provide for periodic statements; to provide for operating

Page 2102

expenses of said office; to provide for the employment of personnel; to provide for compensation of such personnel; to repeal conflicting laws; and for other purposes. This 23 day of December, 1968. Jack N. Gunter Representative, 6th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack N. Gunter who, on oath, deposes and says that he is Representative from the 6th District, and that the attached copy of notice of intention to introduce local legislation wsa published in the Tri-County Advertiser which is the official organ of Habersham County, on the following dates: December 26, 1968 and January 2, 9, 1969. /s/ Jack N. Gunter Representative, 6th District Sworn to and subscribed before me this 15th day of January, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 27, 1969.

Page 2103

COLUMBIA COUNTY SALARY OF CHAIRMAN OF BOARD OF COUNTY COMMISSIONERS. No. 41 (House Bill No. 126). An Act to amend an Act creating a board of commissioners of roads and revenues for the County of Columbia, approved August 18, 1927 (Ga. L. 1927, p. 549), as amended particularly by an Act approved February 26, 1965 (Ga. L. 1965, p. 2102), so as to change the compensation of the Chairman of said board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for the County of Columbia, approved August 18, 1927 (Ga. L. 1927, p. 549), as amended particularly by an Act approved February 26, 1965 (Ga. L. 1965, p. 2102), is hereby amended by striking from section 6-A the words and figures six thousand ($6,000.00) and inserting in lieu thereof the words and figures nine thousand, six hundred ($9,600.00), so that when so amended section 6-A shall read as follows: Section 6-A. Be it further enacted by the authority aforesaid, that the chairman and executive officer of said board of commissioners shall be compensated in the amount of nine thousand, six hundred ($9,600.00) dollars per annum, payable monthly, and for each of the other members of said board the sum of one thousand two hundred ($1,200.00) dollars per annum, payable monthly, for attendance at regular or called meetings of said board of commissioners. The compensation herein provided shall be paid monthly from funds of Columbia County. The chairman shall also receive in addition to other compensation herein provided all expenses incurred by him in conducting the affairs of said board of commissioners upon the approval of the majority of the members of said board. The board of commissioners of roads and revenues shall purchase one

Page 2104

automobile for the use of the chairman and executive officer of said board in the performance of his duties. Said automobile shall be the property of Columbia County, and said board shall be authorized to replace said vehicle at such time and in such manner as they may determine. Said board shall be authorized to dispose of the replaced vehicle in such manner as will be most advantageous to Columbia County. The board shall provide for the cost of repairs, tires, gasoline, oil, grease, antifreeze and other maintenance and supplies necessary for the operation of said automobile. The funds necessary for the purchase, replacement, operating expenses, repair, and maintenance of said automobile, as herein provided, shall be payable from the funds of Columbia County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to change the compensation of the chairman of the board of county commissioners of Columbia County; and for other purposes. This 14th day of December, 1968. Glenn S. Phillips, Representative, 29th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Glenn S. Phillips who, on oath, deposes and says that he is Representative

Page 2105

from the 29th District, and that the attached copy of notice of intention to introduce local legislation was published in The Columbia News which is the official organ of Columbia County, on the following dates: December 12, 19, 23, 1968 and January 2, 1969. /s/ Glenn S. Phillips Representative, 29th District Sworn to and subscribed before me this 20th day of January, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 27, 1969. COLUMBIA COUNTY ACT PLACING NAMED OFFICIALS ON SALARY BASIS AMENDED. No. 42 (House Bill No. 127). An Act to amend an Act placing the clerk of the superior court, the sheriff and the tax commissioner of Columbia County on a salary basis, approved February 26, 1965 (Ga. L. 1965, p. 2094), as amended by an Act approved February 29, 1968 (Ga. L. 1968, p. 2064), so as to change the compensation of the clerk of the superior court, the sheriff and the tax commissioner of Columbia County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the clerk of the superior court, the sheriff and the tax commissioner of Columbia County on a salary basis, approved February 26, 1965 (Ga. L. 1965,

Page 2106

p. 2094), as amended by an Act approved February 29, 1968 (Ga. L. 1968, p. 2064), is hereby amended by striking from section 2 the figure $6,000.00 and inserting in lieu thereof the figure $9,600.00, so that when so amended section 2 shall read as follows: Section 2. The clerk of the superior court of Columbia County shall receive an annual salary in the amount of $9,600.00 payable in equal monthly installments from the funds of Columbia County. Clerk of Superior Court. Section 2. Said Act is further amended by striking from section 3 the figure $6,000.00 and inserting in lieu thereof the figure $7,800.00, so that when so amended section 3 shall read as follows: Section 3. The tax commissioner shall receive an annual salary in the amount of $7,800.00 payable in equal monthly installments from the funds of Columbia County, and in addition thereto shall be entitled to receive and retain those commissions allowed by an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services from which the commissions are derived may have been performed in the capacity of an agent for the State Department of Revenue, and those commissions allowed by an Act approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended, relating to the commissions on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest. Tax Commissioner. Section 3. Said Act is further amended by striking from section 4 the figure $8,500.00 and inserting in lieu thereof the figure $9,600.00, so that when so amended section 4 shall read as follows: Section 4. The sheriff shall receive an annual salary in the amount of $9,600.00 payable in equal monthly installments from the funds of Columbia County. The sheriff of Columbia County is hereby authorized to receive rewards which he may be entitled to receive notwithstanding the

Page 2107

capacity in which such sheriff was acting at the time of becoming entitled to such rewards and any such rewards are hereby determined to be a part of the salary of such sheriff notwithstanding any other salary to which such sheriff is hereby authorized to receive. Sheriff. Section 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to change the compensation of the sheriff, the clerk of the superior court and the tax commissioner of Columbia County; and for other purposes. This 14th day of December, 1968. Glenn S. Phillips Representative, 29th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Glenn S. Phillips who, on oath, deposes and says that he is Representative from the 29th District, and that the attached copy of notice of intention to introduce local legislation was published in The Columbia News which is the official organ of Columbia County, on the following dates: December 12, 19, 23, 1968, and January 2, 1969. /s/ Glenn S. Phillips Representative, 29th District

Page 2108

Sworn to and subscribed before me this 20th day of January, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 27, 1969. TOWN OF LESLIE ELECTIONS. No. 43 (House Bill No. 134). An Act to amend an Act amending, revising and consolidating the several Acts granting corporate authority to the Town of Leslie, approved August 21, 1911 (Ga. L. 1911, p. 1304), as amended, particularly by an Act approved March 20, 1939 (Ga. L. 1939, p. 1136), so as to change the deadline for filing notice of candidacy for elective office of the Town of Leslie; to change the deadline for voter registration; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act amending, revising and consolidating the several Acts granting corporate authority to the Town of Leslie, approved August 21, 1911 (Ga. L. 1911, p. 1304), as amended, particularly by an Act approved March 20, 1939 (Ga. L. 1939, p. 1136), is hereby amended by striking from section 14 the word Saturday, and by inserting in lieu thereof the following: 12 o'clock noon on the first Monday in November, so that when so amended section 14 shall read as follows: Section 14. Be it further enacted, that no person shall be eligible to the office of mayor of the Town of Leslie unless he be of the age of twenty-five years; a citizen of the

Page 2109

United States of America, and shall have resided in said town one year immediately preceding his election, and no person shall be eligible to the office of town councilman unless he shall have attained the age of twenty-one years, and shall have resided in town one year immediately preceding his election, and shall have the other qualifications in the case of the mayor, and shall have paid all taxes due and demanded by said town; provided, further that the mayor, clerk and treasurer and councilmen shall be paid such salary as may be fixed by annual ordinance of said mayor and town council of Leslie. No candidate for any elective office of the Town of Leslie shall be eligible to such office unless such candidate shall on or before 12 o'clock noon on the first Monday in November preceding the election file with the clerk and treasurer of the Town of Leslie a written notice setting forth his intention to offer for the office to be named by him in such notice. No person shall be permitted to register to vote after 12 o'clock noon on the first Monday in November preceding the election. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to amend an Act amending, revising and consolidating the several Acts granting corporate authority to the Town of Leslie, approved August 21, 1911 (Ga. L. 1911, p. 1304), so as to change the deadline for filing notice of candidacy for elective office of the Town of Leslie, and for other purposes. This 31 day of Dec. 1968. Janet L. Merritt Representatives-Elect 46th District Clarence A. Parker

Page 2110

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Janet L. Merritt who, on oath, deposes and says that she is Representative from the 46th District, and that the attached copy of notice of intention to introduce local legislation was published in the Americus Times-Recorder which is the official organ of Sumter County, on the following dates: December 31, 1968, January 7, 1969, January 14, 1969. /s/ Janet S. Merritt Representative, 46th District Sworn to and subscribed before me this 20 day of January, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved February 27, 1969. DAWSON COUNTYCLERK OF SUPERIOR COURT AND ORDINARY PLACED ON SALARY BASIS. No. 44 (House Bill No. 148). An Act to abolish the present mode of compensating the clerk of the superior court and the ordinary of Dawson County, known as the fee system; to provide in lieu thereof annual salaries for such officers; to provide that all fees, costs or other emoluments of each of said officers shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said offices; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 2111

Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the clerk of the superior court and the ordinary of Dawson County, known as the fee system, is hereby abolished, and in lieu thereof, annual salaries for such officers are prescribed as hereinafter provided. Salary basis. Section 2. The clerk of the superior court shall receive an annual salary of $5,500.00, payable in equal monthly installments from the funds of Dawson County. Clerk of Superior Court. Section 3. The ordinary shall receive an annual salary of $4,800.00, payable in equal monthly installments from the funds of Dawson County. Ordinary. Section 4. After the effective date of this Act, said officers shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed as compensation for services in any capacity in their respective offices and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county depository on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county depository each of said officers shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county depository. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 5. The necessary operating expenses of each of said offices shall be paid from any funds of the county available for such purposes. All supplies, materials, furnishings, furniture and utilities, as may be reasonably required in discharging the official duties of each office, shall be furnished by the county and shall be paid from any funds of the county available for such purposes. Office expenses.

Page 2112

Section 6. The official bonds of each of said officers, as may be required by law, shall be procured by each elected officer, and the premiums and costs thereof shall be paid out of any county funds available for that purpose. Bonds. Section 7. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1969 Session of the General Assembly of Georgia, a bill to change the compensation of and/or the method of compensation of the chairman of the board of the county commissioners, ordinary, clerk of superior court, tax commissioner, sheriff and his staff all of Dawson County, Georgia; to provide an effective date for the foregoing; and for other purposes. Senator 49th District Robert E. Andrews Representatives District Eleven Post 1 W. M. Williams Post 2 J. Robert Cooper Post 3 Joe T. Wood Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Robert Cooper who, on oath, deposes and says that he is Representative from the 11th District, and that the attached copy of

Page 2113

notice of intention to introduce local legislation was published in the Dawson County Advertiser and News which is the official organ of Dawson County, on the following dates: December 26, 1968, January 2, 1969, and January 9, 1969. /s/ J. Robert Cooper Representative, 11th District Sworn to and subscribed before me, this 16 day of January, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved February 27, 1969. DAWSON COUNTYSALARIES OF SHERIFF AND DEPUTY SHERIFFS. No. 45 (House Bill No. 149). An Act to amend an Act placing the sheriff of Dawson County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2252), so as to change the compensation of the sheriff of said county; to provide for a chief deputy sheriff and a deputy sheriff; to provide for the compensation of such deputies; 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 placing the sheriff of Dawson County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2252), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows:

Page 2114

Section 2. The sheriff of Dawson County shall receive a salary of eight thousand two hundred dollars ($8,200.00) per annum, payable in equal monthly installments from the funds of Dawson County. The sheriff shall be responsible for furnishing his own automobile to be used by him in the official performance of the duties of his office. The sheriff shall also be responsible for the payment of the operating expenses, maintenance, repairs and replacement of such automobile. The governing authority of Dawson County shall be responsible for the maintenance, repairs and replacement of the shortwave radio owned by the sheriff. The determination as to when to replace such radio shall be in the sole discretion of the governing authority of Dawson County. Sheriff. Section 2. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. The sheriff shall have the authority to appoint a chief deputy sheriff and a deputy sheriff who shall be compensated in the amount of five thousand four hundred dollars ($5,400.00) per annum and two thousand two hundred dollars ($2,200.00) per annum, respectively, payable in equal monthly installments from the funds of Dawson County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the persons who shall be compensated as such deputies, and to prescribe their duties and assignments and to remove or replace such deputies at will and within his sole discretion. Deputy sheriffs. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2115

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1969 Session of the General Assembly of Georgia, a bill to change the compensation of and/or the method of compensation of the chairman of the board of the county commissioners, ordinary, clerk of superior court, tax commissioner, sheriff and his staff all of Dawson County, Georgia; to provide an effective date for the foregoing; and for other purposes. Senator 49th District Robert E. Andrews Representatives District Eleven Post 1 W. M. Williams Post 2 J. Robert Cooper Post 3 Joe T. Wood Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Robert Cooper who, on oath, deposes and says that he is Representative from the 11th District, and that the attached copy of notice of intention to introduce local legislation was published in the Dawson County Advertiser and News which is the official organ of Dawson County, on the following dates: December 26, 1968, January 2, 1969, and January 9, 1969. /s/ J. Robert Cooper Representative, 11th District Sworn to and subscribed before me, this 16 day of January, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved February 27, 1969.

Page 2116

DAWSON COUNTYSALARY OF TAX COMMISSIONER. No. 46 (House Bill No. 150). An Act to amend an Act creating the office of tax commissioner of Dawson County, Georgia, approved February 11, 1943 (Ga. L. 1943, p. 925), as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1589), an Act approved March 21, 1958 (Ga. L. 1958, p. 3021), and an Act approved April 2, 1963 (Ga. L. 1963, p. 2800), so as to change the compensation of the tax commissioner of said county; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of tax commissioner of Dawson County, Georgia, approved February 11, 1943 (Ga. L. 1943, p. 925), as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1589), an Act approved March 21, 1958 (Ga. L. 1958, p. 3021), and an Act approved April 2, 1963 (Ga. L. 1963, p. 2800), is hereby amended by striking section 7 in its entirety and inserting in lieu thereof a new section 7 to read as follows: Section 7. The tax commissioner of Dawson County shall be compensated by a salary in the amount of four thousand eight hundred dollars ($4,800.00) per annum, payable in equal monthly installments from the funds of Dawson County. Salary. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2117

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1969 Session of the General Assembly of Georgia, a bill to change the compensation of and/or the method of compensation of the chairman of the board of the county commissioners, ordinary, clerk of superior court, tax commissioner, sheriff and his staff all of Dawson County, Georgia; to provide an effective date for the foregoing; and for other purposes. Senator 49th District Robert E. Andrews Representatives District Eleven Post 1 W. M. Williams Post 2 J. Robert Cooper Post 3 Joe T. Wood Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Robert Cooper who, on oath, deposes and says that he is Representative from the 11th District, and that the attached copy of notice of intention to introduce local legislation was published in the Dawson County Advertiser and News which is the official organ of Dawson County, on the following dates: December 26, 1968, January 2, 1969, and January 9, 1969. /s/ J. Robert Cooper Representative, 11th District Sworn to and subscribed before me, this 16 day of January, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved February 27, 1969.

Page 2118

DAWSON COUNTYSALARY OF COUNTY COMMISSIONER. No. 47 (House Bill No. 151). An Act to amend an Act creating the office of commissioner of Dawson County, approved February 5, 1952 (Ga. L. 1952, p. 2068), as amended by an Act approved March 20, 1963 (Ga. L. 1963, p. 2445), and an Act approved March 21, 1968 (Ga. L. 1968, p. 2353), so as to change the compensation of the county commissioner of said county; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of Dawson County, approved February 5, 1952 (Ga. L. 1952, p. 2068), as amended by an Act approved March 20, 1963 (Ga. L. 1963, p. 2445), and an Act approved March 21, 1968 (Ga. L. 1968, p. 2353), is hereby amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. The county commissioner of Dawson County shall devote his full time to the business and interest of said county in the performance and discharge of his duties, and shall receive as compensation the sum of seven thousand ($7,000.00) dollars per annum. This compensation shall be paid in equal monthly installments out of the general funds of the county. The county commissioner shall have and maintain an office for the transaction of business at the courthouse in Dawson County, provided there is an available room in said courthouse; otherwise at some convenient place near the courthouse. The office of said county commissioner shall remain open during the regular hours of business on all days except Sundays and holidays. The county commissioner is hereby authorized to purchase for the county, to be paid for from the general funds of the county, a truck to be used by said county commissioner but only in the performance of his official duties. The

Page 2119

county shall pay for the operation, upkeep and maintenance of said truck. Salary, etc. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1969 Session of the General Assembly of Georgia, a bill to change the compensation of and/or the method of compensation of the chairman of the board of the county commissioners, ordinary, clerk of superior court, tax commissioner, sheriff and his staff all of Dawson County, Georgia; to provide an effective date for the foregoing; and for other purposes. Senator 49th District Robert E. Andrews Representatives District Eleven Post 1 W. M. Williams Post 2 J. Robert Cooper Post 3 Joe T. Wood Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Robert Cooper who, on oath, deposes and says that he is Representative from the 11th District, and that the attached copy of notice of intention to introduce local legislation was published in the Dawson County Advertiser and News which is the official organ of Dawson County, on the following

Page 2120

dates: December 26, 1968, January 2, 1969, and January 9, 1969. /s/ J. Robert Cooper Representative, 11th District Sworn to and subscribed before me, this 16 day of January, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved February 27, 1969. HEARD COUNTYCOMPENSATION OF BOARD OF COUNTY COMMISSIONERS. No. 48 (House Bill No. 157). An Act to amend an Act creating a board of commissioners of Heard County, approved March 27, 1941 (Ga. L. 1941, p. 864), as amended, particularly by an Act approved March 3, 1965, (Ga. L. 1965, p. 2113), so as to change the compensation of the commissioners and to provide them with an expense allowance; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of Heard County, approved March 27, 1941 (Ga. L. 1941, p. 864), as amended, particularly by an Act approved March 3, 1965 (Ga. L. 1965, p. 2113), is hereby amended by striking in its entirety section 6 and substituting in lieu thereof a new section 6 to read as follows:

Page 2121

Section 6. Each member of the board of commissioners of Heard County shall receive an annual salary of $2,400.00, payable in equal monthly installments. In addition to such compensation, each commissioner shall receive an additional sum of $50.00 per month from Heard County as an expense allowance to be used by such commissioners to defray the costs incurred in the discharge of the official duties of their office. The regular meeting of the board shall be held on the first Monday in each month. The chairman may call such additional meetings of the board as he shall deem necessary. Compensation. Section 2. The provisions of this Act shall become effective on the first day of the month following its approval by the Governor or it otherwise becomes law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969, Session of the General Assembly of Georgia, a bill pertaining to the compensation of the commissioners of roads and revenues of Heard County; to repeal conflicting laws; and for other purposes. Georgia, Heard County. Personally came before me Berrien T. McCutchen, who on oath says that he is publisher of The News and Banner, the official organ of Heard County and that the following attached advertisement to introduce local legislation, appeared in the issues of December 13, 20th, 27th, 1968 and January 3rd, 1969. /s/ Berrien T. McCutchen Publisher, The News and Banner.

Page 2122

Sworn to and subscribed before me, this 14th day of January, 1969. /s/ Talmadge Davis, Clerk, Heard Superior Court. (Seal). Approved February 27, 1969. HEARD COUNTYSALARIES OF SHERIFF AND DEPUTY SHERIFFS. No. 49 (House Bill No. 158). An Act to amend an Act placing the sheriff of Heard County upon an annual salary, approved February 9, 1965 (Ga. L. 1965, p. 2020), as amended by an Act approved March 21, 1968 (Ga. L. 1968, p. 2701), so as to change the compensation of the sheriff and his deputies; 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 placing the sheriff of Heard County upon an annual salary, approved February 9, 1965 (Ga. L. 1965, p. 2020), as amended by an Act approved March 21, 1968 (Ga. L. 1968, p. 2701), is hereby amended by striking from section 1 the following: $7,500.00 and substituting in lieu thereof the following: $8,250.00, so that when so amended, section 1 shall read as follows: Section 1. The present method of compensation for the sheriff of Heard County, Georgia is hereby changed from

Page 2123

the fee system to the salary system and the sheriff of Heard County shall hereafter be paid on a salary basis. The sheriff shall be compensated in the amount of $8,250.00 per annum, to be paid in equal monthly installments at the end of each calendar month from the funds of Heard County. Such compensation shall be in lieu of all fees, costs, fines, forfeitures, commissions, insolvent costs, allowances, penalties, funds, monies and all other emoluments and perquisites of whatever kind which shall be allowed the sheriff of Heard County after the effective date of this Act and said salary shall also include all fees, costs, fines, forfeitures, commissions, insolvent costs, allowances, penalties, funds, monies and all other emoluments or perquisites of whatever kind which shall be allowed said sheriff in his official capacity or as an official or agent for any court, department or official of Heard County or for any department or official of the State of Georgia. Sheriff. Section 2. Said Act is further amended by striking in its entirety section 4 and substituting in lieu thereof a new section 4 to read as follows: Section 4. The sheriff is authorized to appoint two deputies and to fix their compensation at $325.00 per month. Such compensation shall be paid from the funds of Heard County. Deputy sheriffs. Section 3. The provisions of this Act shall become effective on the first day of the month following its approval by the Governor or it otherwise becomes law. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Heard County. Personally came before me Berrien T. McCutchen, who on oath says that he is publisher of The News and Banner, the official organ of Heard County and that the following attached advertisement to introduce local legislation, appeared in the issues of December 13th, 20th, 27th, 1968 and January 3rd, 1969.

Page 2124

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969, Session of the General Assembly of Georgia, a bill pertaining to the compensation of the sheriff of Heard County; to repeal conflicting laws; and for other purposes. /s/ Berrien T. McCutchen Publisher, News and Banner. Sworn to and subscribed before me, this 14th day of January, 1969. /s/ Talmadge Davis, Clerk, Heard Superior Court. (Seal). Georgia, Heard County. Personally came before me Berrien T. McCutchen, who on oath says that he is publisher of The News and Banner, the official organ of Heard County and that the following attached advertisement to introduce local legislation, appeared in the issues of December 13th, 20th, 27th, 1968 and January 3rd, 1969. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969, Session of the General Assembly of Georgia, a bill pertaining to the compensation of the deputy sheriff's of Heard County; to repeal conflicting laws; and for other purposes. /s/ Berrien T. McCutchen Publisher, The News and Banner.

Page 2125

Sworn to and subscribed before me, this 14th day of January, 1969. /s/ Talmadge Davis, Clerk, Heard Superior Court. (Seal). Approved February 27, 1969. HEARD COUNTYCLERICAL ASSISTANT FOR CLERK OF SUPERIOR COURT. No. 50 (House Bill No. 159). An Act to authorize the clerk of the superior court of Heard County to employ a clerical assistant; to provide for the compensation of such personnel; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The clerk of the Superior Court of Heard County is authorized to employ a clerical assistant for the purpose of assisting the clerk in the discharge of the official duties of his office. Authorized. Section 2. The clerical assistant to the clerk of the Superior Court shall be compensated in the amount of $100.00 per month, payable from the funds of Heard County. Salary. Section 3. The provisions of this Act shall become effective on the first day of the month following its approval by the Governor or it otherwise becomes law. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Heard County. Personally came before me Berrien T. McCutchen, who on oath says that he is publisher of The News and Banner, the official organ of Heard County and that the following

Page 2126

attached advertisement to introduce local legislation, appeared in the issues of December 13th, 20th, 27th, 1968 and January 3rd, 1969. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969, Session of the General Assembly of Georgia, a bill pertaining to the compensation of a part-time secretary for the clerk of Heard Superior Court; to repeal conflicting laws; and for other purposes. /s/ Berrien T. McCutchen Publisher, The News and Banner. Sworn to and subscribed before me, this 14th day of January, 1969. /s/ Talmadge Davis, Clerk, Heard Superior Court. (Seal). Approved February 27, 1969. CITY OF DALTONEMPLOYEES' PENSION SYSTEM ACT AMENDED. No. 51 (House Bill No. 180). An Act to amend an Act amending an Act incorporating the City of Dalton by providing for a comprehensive and unified pension plan for certain officers and employees of the City of Dalton, approved March 2, 1966 (Ga. L. 1966, p. 2946), so as to define the term orphan; to change requirements relative to eligibility to participate in the pension plan; to change the amount of the pension; to provide that certain employees who continue their employment past the age of 65 may accrue up to 25 years of creditable service; to provide for payments to

Page 2127

orphans or minor children; to provide that hourly employees shall be treated the same as salaried employees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act amending an Act incorporating the City of Dalton by providing for a comprehensive and unified pension plan for certain officers and employees of the City of Dalton, approved March 2, 1966 (Ga. L. 1966, p. 2946), is hereby amended by adding at the end of section 2 the following: (n) `Orphan' for the purposes of determining benefits shall mean a child, or children, both of whose parents are deceased. Orphan defined. Section 2. Said Act is further amended by striking in its entirety section 4 and substituting in lieu thereof a new section 4 to read as follows: Section 4. Eligibility for Participation. Each employee not drawing any pension benefits from the mayor and council of the City of Dalton as of the effective date of this plan as amended, and whose name is on the payroll at such time, shall become a participant in the plan on the first day of the month following the completion of a six month probationary period, commencing on the date of his employment. Each employee must meet the following reqquirements: (a) Filing of statements with board of trustees agreeing to abide by the provisions of the plan and to make contributions as required hereunder. Said participation shall be compulsory for all employees covered hereunder. (b) Any future employee in order to participate must not have attained the age of fifty (50) years as of the date he first becomes eligible. (c) Any employee shall not terminate participation in the plan without termination of employment.

Page 2128

Section 3. Said Act is further amended by striking in its entirety subsection (a) of section 6 and substituting in lieu thereof a new subsection (a) to read as follows: (a) Amount of Pension. The amount of pension payable to a participant who retires on or after his normal retirement date shall be 1.2% of the average monthly earnings in the five complete calendar years preceding his normal retirement date in which his earnings were highest, multiplied by the number of years and months of completed service. Section 4. Said Act is further amended by striking from section 8 the last sentence thereof and substituting in lieu thereof the following: All employees who are participants in the Plan on April 1, 1969, who have not accumulated 25 years of creditable service, may continue their employment after reaching the age of 65 years and participate fully in the retirement plan until such time as they have accrued 25 years of creditable service., so that when so amended section 8 shall read as follows: Section 8. Later retirement. Upon agreement of the mayor and council of the City of Dalton; or the Water, Light and Sinking Fund Commission, or the Recreation Commission; or the Civil Service Commission; and the participant, a participant may elect in lieu of the normal form of retirement to continue as an employee on a year to year basis beyond his normal retirement date up to the age of seventy (70) years. All employees who are participants in the plan on April 1, 1969, who have not accumulated 25 years of creditable service, may continue their employment after reaching the age of 65 years and participate fully in the retirement plan until such time as they have accrued 25 years of creditable service. Section 5. Said Act is further amended by adding at the end of section 10 the following sentence:

Page 2129

For the purpose of this plan payments due orphans or minor children shall be construed as one lump sum payable under the terms of the plan to one child, regardless of the number of orphans or minor children. Payments due orphans, etc. Section 6. Said Act is further amended by striking from the second paragraph of section 11 the following: other than hourly employees and In the case of hourly employees, the amount of said monthly pension shall be $2.00 monthly pension for each completed year of service., so that when so amended the second paragraph of section 11 shall read as follows: A participant whose employment with employer is terminated prior to his normal retirement date and who has completed fifteen (15) years of active service may elect to receive a lump sum payment equal to the total of his accumulated contributions with interest, with the exception of participants previously covered by a Legislative Act referred to in section 6(b) as of the effective date of this plan and who made the irrevocable election for benefits under section 6(b), in which event such participant shall not be entitled to a return of his accumulated contributions, or may elect a monthly pension benefit payable at his normal retirement date; the amount of said monthly pension in the case of all participants shall be thirty per cent (30%) of participant's basic monthly earnings averaged over the period of the highest five years preceding such termination date multiplied by a fraction, the numerator of which is the number of full years of his continuous service as of such termination date and the denominator of which is twenty-five (25). Employment terminated prior to normal retirement date. Section 7. Said Act is further amended by striking in its entirety subsection (b) of section 13 and by striking from subsection (b) the following: (b). Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2130

Notice of Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia at the session which convenes in January, 1969, a bill to amend the Mayor and Council of The City of Dalton Employee's Pension Plan to correct certain inequities in the Plan, to facilitate the administration of the Plan, and to clarify certain language of the Plan as embodied in the original bill enacted by the General Assembly of the State of Georgia and approved March 2, 1966. /s/ Jack Cole Representative, Third District, Post 1 /s/ Virgil T. Smith Representative, Third District, Post 2 /s/ Gerald Leonard Representative, Third District, Post 3 This is to certify that the attached published legal notice appeared for three consecutive issues of The Dalton Daily Citizen-News: Dec. 27, 1968; Jan. 3, 1969; Jan. 17, 1969. /s/ Rufus M. Josey, Publisher This affidavit sworn to and subscribed before me, on this 18th day of January, 1969. /s/ David Gross, Notary Public. Approved February 27, 1969.

Page 2131

STEPHENS COUNTYMEETINGS AND SALARIES OF COUNTY COMMISSIONERS. No. 52 (House Bill No. 326). An Act to amend an Act creating a board of commissioners of roads and revenue in the County of Stephens, approved March 22, 1937 (Ga. L. 1937, p. 1415), as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 2418), so as to provide for an additional meeting date each month; to change the compensation of said commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenue in the County of Stephens, approved March 22, 1937 (Ga. L. 1937, p. 1415), as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 2418), is hereby amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 which shall read as follows: Section 6. Said board of commissioners shall hold a regular meeting on the first and third Tuesday in each month. On the first Tuesday in January of each year, said board shall meet and organize and shall elect one of their number as chairman and another as clerk. The chairman may call the board together for a meeting whenever he deems it necessary, and any member of said board may request the chairman to call a meeting. Meetings, etc. Section 2. Said Act is further amended by striking section 8 in its entirety and inserting in lieu thereof the following: Section 8. The chairman of the board of commissioners and the members thereof shall each be compensated in the amount of $200 per month, payable from the funds of Stephens County. Salaries.

Page 2132

Section 3. This Act shall become effective when approved by the Governor or when it may otherwise become law. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given that there will be introduced in the 1969 session of the Georgia General Assembly a bill to change the compensation of the county commission of Stephens County comparable with the adjoining county as recommended to provide that said commissioners must meet twice a month and for other purposes. This 14th day of January 1969. Don C. Moore Jack Gunter Representatives District 6 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don C. Moore who, on oath, deposes and says that he is Representative from the 6th District, and that the attached copy of notice of intention to introduce local legislation was published in The Toccoa Record which is the official organ of Stephens County, on the following dates: January 16, 23, 30, 1969. /s/ Don C. Moore Representative, 6th District Sworn to and subscribed before me, this 10th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 27, 1969.

Page 2133

TATTNALL COUNTYCOMPENSATION OF ORDINARY. No. 58 (House Bill No. 297). An Act to amend an Act providing that the ordinary of Tattnall County shall receive compensation payable from the funds of Tattnall County in addition to fees, approved February 21, 1951 (Ga. L. 1951, p. 2786), as amended, particularly by an Act approved April 6, 1967 (Ga. L. 1967, p. 2959), so as to change the compensation of the ordinary and of his secretarial assistant; 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 ordinary of Tattnall County shall receive compensation payable from the funds of Tattnall County in addition to fees, approved February 21, 1951 (Ga. L. 1951, p. 2786), as amended, particularly by an Act approved April 6, 1967 (Ga. L. 1967, p. 2959), is hereby amended by striking from section 1 the following: $150.00 and $1,800.00, and by inserting in lieu thereof, respectively, the following: $300.00 and $2,500.00, so that when so amended section 1 shall read as follows: Section 1. The ordinary of Tattnall County shall receive the sum of $300.00 per month, payable from the funds of Tattnall County, in addition to any fees or compensation now received by said ordinary. The ordinary is hereby authorized to employ one secretarial assistant who shall be compensated in the amount of $2,500.00 per annum, payable in equal monthly installments from the funds of Tattnall County. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2134

Notice of Local Legislation. Notice is hereby given that Local Legislation will be introduced and passage sought thereof in the 1969 Session of the General Assembly of Georgia, to increase the supplement of the ordinary of Tattnall County and clerical assistance, and for other purposes. This January 7, 1969. Dewey D. Rush, Representative, 51st District, Post No. 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Dewey D. Rush who, on oath, deposes and says that he is Representative from the 51st District, and that the attached copy of notice of intention to introduce local legislation was published in The Tattnall Journal which is the official organ of Tattnall County, on the following dates: January 9th, 16th, and 23rd, 1969. /s/ Dewey D. Rush Representative, 51st District Sworn to and subscribed before me, this 10th day of February, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved February 28, 1969.

Page 2135

TATTNALL COUNTYCOMPENSATION OF CHAIRMAN OF BOARD OF EDUCATION. No. 59 (House Bill No. 298). An Act to amend an Act providing for elections of members of the board of education of Tattnall County, approved February 29, 1968 (Ga. L. 1968, p. 2077), so as to provide for the compensation of the chairman; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for elections of members of the board of education of Tattnall County, approved February 29, 1968 (Ga. L. 1968, p. 2077), is hereby amended by inserting at the end of section 4 a new sentence which shall read as follows: The chairman shall receive as compensation for his service on the board the sum of $150.00 per month., so that when so amended section 4 shall read as follows: Section 4. At the first meeting of the board, which is conducted in January of each year, the board shall elect one of their members as chairman and such other officers as the board shall desire. The chairman shall vote only on questions on which there is a tie. The members of the board shall receive as compensation for their services on the board the sum of $75.00 per month. The chairman shall receive as compensation for his service on the board the sum of $150.00 per month. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2136

Notice of Local Legislation. Notice is hereby given that Local Legislation will be introduced and passage sought thereof in the 1969 Session of the General Assembly of Georgia, to increase the salary of the chairman of the board of education of Tattnall County, and for other purposes. This January 7, 1969. Dewey D. Rush, Representative, 51st District, Post No. 2 Georgia, Fulton County. Personally appeared before me, the undersignedd authority, duly authorized to administer oaths, Honorable Dewey D. Rush who, on oath, deposes and says that he is Representative from the 51st District, and that the attached copy of notice of intention to introduce local legislation was published in The Tattnall Journal which is the official organ of Tattnall County, on the following dates: January 9th, 16th, and 23rd, 1969. /s/ Dewey D. Rush Representative, 51st District Sworn to and subscribed before me, this 10th day of February, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved February 28, 1969.

Page 2137

TATTNALL COUNTYCOMPENSATION OF CHAIRMAN OF COUNTY BOARD OF COMMISSIONERS. No. 60 (House Bill No. 299). An Act to amend an Act creating a board of commissioners of roads and revenue for Tattnall County, approved August 18, 1927 (Ga. L. 1927, p. 674), as amended, particularly by an Act approved February 29, 1968 (Ga. L. 1968, p. 2080), so as to change the compensation of the chairman; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenue for Tattnall County, approved August 18, 1927 (Ga. L. 1927, p. 674), as amended, particularly by an Act approved February 29, 1968 (Ga. L. 1968, p. 2080), is hereby amended by inserting between the first and second sentences of section 15, a new sentence to read as follows: The chairman shall receive as his compensation the sum of $300.00 per month., and by striking the following: such amount as fixed by said board, an amount not less than one hundred fifty ($150.00) dollars per month nor more than two hundred fifty ($250.00) dollars per month., and by inserting in lieu thereof the following: the amount of $350.00 per month., so that when so amended section 15 shall read as follows: Section 15. All members of the board of commissioners shall receive as their compensation, the sum of one hundred twenty-five ($125.00) dollars per month. The chairman shall receive as his compensation the sum of $300.00 per month. The said commissioners may elect a clerk of said board whose duty it shall be to keep a record of the actings and doings of the board, at the courthouse in said county, said records to be open to the inspection of any citizen of said county at all times, if the same does not conflict with the meetings of the board, and shall perform such other duties as may be assigned him by said board and shall

Page 2138

keep all the books and records of his office in a neat firstclass and businesslike condition at all times. Such clerk shall receive compensation for all his duties as such clerk in the amount of $350.00 per month. Said clerk may be either a man or woman. Said clerk before entering upon his duties shall give bond with good security in a sum fixed by the commissioners, not less than $2,500.00, payable to and approved by the commissioners, conditioned for his faithful performance of all the duties as such clerk. Said commissioners before entering upon their duties as such shall take an oath before the ordinary of said county for the faithful performance of their duties. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that Local Legislation will be introduced and passage sought thereof in the 1969 Session of the 1969 General Assembly of Georgia, to increase the salary of the chairman of the county commissioners, and for other purposes. This January 7, 1969. Dewey D. Rush, Representative, 51st District, Post No. 2 Notice of Local Legislation. Notice is hereby given that Local Legislation will be introduced and passage sought thereof, in the 1969 Session of the General Assembly of Georgia, to increase the salary of

Page 2139

the clerk of county commissioners of Tattnall County and for other purposes. This January 7, 1969. Dewey D. Rush, Representative, 51st District, Post No. 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Dewey D. Rush who, on oath, deposes and says that he is Representative from the 51st District, and that the attached copy of notice of intention to introduce local legislation was published in The Tattnall Journal which is the official organ of Tattnall County, on the following dates: January 9th, 16th, and 23rd, 1969. /s/ Dewey D. Rush Representative, 51st District Sworn to and subscribed before me, this 10th day of February, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved February 28, 1969. TATTNALL COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT AND ASSISTANTS. No. 61 (House Bill No. 300). An Act to amend an Act abolishing the fee system of compensating the clerk of the superior court of Tattnall County and providing in lieu thereof an annual salary,

Page 2140

approved April 6, 1967 (Ga. L. 1967, p. 2723), so as to change the salary of said clerk and his employees; 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 abolishing the fee system of compensating the clerk of the superior court of Tattnall County and providing in lieu thereof an annual salary, approved April 6, 1967 (Ga. L. 1967, p. 2723), is hereby amended by striking from section 2 the following: $8,500.00 and inserting in lieu thereof the following: $10,000.00, so that when so amended Section 2 shall read as follows: Section 2. The clerk shall receive an annual salary of $10,000.00, payable in equal monthly installments from the funds of Tattnall County. The salary prescribed herein for said officer shall include his compensation for his services as ex-officio clerk of the City Court of Reidsville, and said salary shall be his sole compensation for his services as clerk of the superior court of Tattnall County and clerk of the City Court of Reidsville. Clerk. Section 2. Said Act is further amended by striking from section 4 the following: $6,000.00, and by inserting in lieu thereof the following: $7,800.00, so that when so amended section 4 shall read as follows: Section 4. The clerk shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. The governing authority of Tattnall County shall make available to the clerk the sum of $7,800.00 annually for the purpose of compensating all such personnel and it shall be the duty of the clerk to fix the respective compensation of each of his employees. It shall be within the sole power and authority of the clerk, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Deputies, etc.

Page 2141

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that Local Legislation will be introduced and passage sought thereof in the 1969 Session of the General Assembly of Georgia, to increase the salary of the clerk of courts of Tattnall County and also increase the salaries of the deputy clerks and for other purposes. This January 7, 1969. Dewey D. Rush, Representative, 51st District, Post No. 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Dewey D. Rush who, on oath, deposes and says that he is Representative from the 51st District, and that the attached copy of notice of intention to introduce local legislation was published in The Tattnall Journal which is the official organ of Tattnall County, on the following dates: January 9th, 16th, and 23rd, 1969. /s/ Dewey D. Rush Representative, 51st District Sworn to and subscribed before me, this 10th day of February, 1969. /s/ Aralee S. Mason Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal. Approved February 28, 1969.

Page 2142

OCONEE COUNTYSALARY OF CHAIRMAN OF BOARD OF COUNTY COMMISSIONERS. No. 62 (House Bill No. 339). An Act to amend an Act creating the board of county commissioners for the County of Oconee, approved April 18, 1917 (Ga. L. 1917, p. 384), as amended, particularly by an Act approved August 19, 1919 (Ga. L. 1919, p. 710), an Act approved August 15, 1929 (Ga. L. 1929, p. 682), an Act approved February 15, 1933 (Ga. L. 1933, p. 643), an Act approved February 5, 1952 (Ga. L. 1952, p. 2036), and an Act approved February 19, 1958 (Ga. L. 1958, p. 2213), so as to change the compensation of the chairman of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the board of county commissioners for the County of Oconee, approved April 18, 1917 (Ga. L. 1917, p. 384), as amended, particularly by an Act approved August 19, 1919 (Ga. L. 1919, p. 710), an Act approved August 15, 1929 (Ga. L. 1929, p. 682), an Act approved February 15, 1933 (Ga. L. 1933, p. 643), an Act approved February 5, 1952 (Ga. L. 1952, p. 2036), and an Act approved February 19, 1958 (Ga. L. 1958, p. 2213), is hereby amended by striking from section 12 the words and figures, thirty-six hundred ($3600.00) dollars, and inserting in lieu thereof the words and figures, forty-eight hundred ($4800.00) dollars, so that section 12 when so amended shall read as follows: Section 12. Be it further enacted, that the chairman of said board of county commissioners shall be paid the sum of forty-eight hundred ($4800.00) dollars per annum, payable in equal monthly installments for his services, and the other

Page 2143

members of said board shall be paid the sum of twenty-five dollars ($25.00) per month for their services. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1969 regular session of the General Assembly of Georgia, a bill to amend an Act creating the board of county commissioners for the County of Oconee approved August 18, 1917 (Ga. L. 1917, p. 384), as amended, so as to change the compensation of the chairman of the board of county commissioners, to provide an effective date and for other purposes. This 10th day of January, 1969. James W. Paris, Representative, 14th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James W. Paris who, on oath, deposes and says that he is Representative from the 14th District, and that the attached copy of notice of intention to introduce local legislation was published in The Oconee Enterprise which is the official organ of Oconee County, on the following dates: January 15, 22, 29, 1969. /s/ James W. Paris Representative, 14th District

Page 2144

Sworn to and subscribed before me, this 4th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 28, 1969. CITY OF LUDOWICICHARTER AMENDED. No. 63 (House Bill No. 363). An Act to amend an Act creating a new charter for the City of Ludowici, approved August 18, 1923 (Ga. L. 1923, p. 701), as amended, particulary by an Act approved March 17, 1958 (Ga. L. 1958, p. 2410), so as to change the corporate limits; to change the place of election of the mayor, recorder and aldermen; to provide for vacancies of elected or appointed city officers; to provide qualifications of the recorder; to provide that the city may levy a tax of one (1) mill on all property for the purpose of promoting industry for said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Ludowici, approved August 18, 1923 (Ga. L. 1923, p. 701), as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 2410), is hereby amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3, to read as follows: Section 3. The corporate limits of the City of Ludowici shall be all the territory contained within the following boundary: Beginning at the intersection of Sweet Water Branch and Jones Creek Swamp; (the center of the present canal in said branch being the dividing line) and running

Page 2145

along Sweet Water Branch to a point where the center of Sweet Water Branch intersects the western boundary of the Seaboard Coastline Railroad; thence in a northwesterly direction from the western boundary of said Seaboard Coastline Railroad right-of-way parallel with the Georgia Power Company right-of-way (which lies about 662 feet north of said line) a distance of 4224 feet to a point in a line running in a westerly direction parallel to the Seaboard Coastline Railroad right-of-way and running on this line in a westerly direction to the margin of Jones Creek Swamp, thence following the margin of Jones Creek Swamp in a southeasterly direction to the point of beginning. Corporate limits. Section 2. Said Act is further amended by striking section 7 in its entirety and inserting in lieu thereof a new section 7, to read as follows: Section 7. That the next election under the charter of the City of Ludowici shall be held on the first Wednesday in December, 1961, at which time there shall be elected by the qualified voters of said city a mayor, recorder and five aldermen to hold office for the term of four years, and until their successors shall be elected and qualified. Each four years thereafter on the same day in the same month at the courthouse of Long County a mayor, recorder and five aldermen shall be elected by the qualified voters of said city, who shall serve for a term of four years and until successors shall be elected and qualified. Elections. Section 3. Said Act is further amended by adding to the end of section 8 the following: Provided, however, in the event a vacancy occurs and there is less than two (2) years left on the term of the mayor, councilman or other elected or appointed city officer, then the mayor and council shall elect a qualified person to serve the unexpired term, such person shall take the oath of office prescribed before assuming his duties of office. Vacancies. Section 4. Said Act is further amended by striking the third and fourth unnumbered paragraphs of section 20 and inserting in lieu thereof the following:

Page 2146

The recorder shall be elected to serve a four (4) year term at the same time and in the same manner as the mayor and councilmen, and he shall serve until his successor is elected and qualified; and if for any reason there is a vacancy in said office, the same shall be filled by the city council, until the next city election. The said recorder's court shall be presided over by a practicing attorney who is a resident of said city. In case of a vacancy, and in case there is no practicing attorney living in the city desiring to serve, then the mayor and council may elect any qualified voter of the city to serve as recorder. Recorder. Section 5. Said Act is further amended by adding to the end of section 25 the following: The said city council shall also have the opportunity to levy a tax of one (1) mill on all property within the corporate limits for the purpose of promoting new industry for the said city. Ad valorem taxtion. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. This is to give notice of the intention of the undersigned to introduce and apply for passage of a local bill at the 1969 session of the General Assembly of Georgia, which shall be entitled: An Act to amend an Act creating a new charter for the City of Ludowici, Ga. approved Aug. 18, 1923 as amended so as to provide for the assistance and tax exemption for new industries; to fix the qualifications of voters and officials of said city; to provide for the mayor and council to pass ordinance for the general welfare of the citizens of said city; to repeal conflicting laws; and for other purposes. Dewey Rush Representative, Long County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dewey D. Rush

Page 2147

who, on oath, deposes and says that he is Representative from the 51st District, and that the attached copy of notice of intention to introduce local legislation was published in The Ludowici News which is the official organ of Long County, on the following dates: January 16, 23, 30, 1969. /s/ Dewey D. Rush, Representative, 51st District Sworn to and subscribed before me, this 11th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved February 28, 1969. TATTNALL COUNTYCOMPENSATION OF SHERIFF, ETC. No. 64 (House Bill No. 364). An Act to amend an Act abolishing the fee system of compensating the sheriff of Tattnall County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2155), so as to change the salary of the sheriff, his two deputies, and to change the provisions relating to the allowance for jail meals; 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 abolishing the fee system of compensating the sheriff of Tattnall County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2155), is hereby amended by striking section 2

Page 2148

in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The sheriff shall receive an annual salary of $10,000.00, payable in equal monthly installments from the funds of Tattnall County. The salary prescribed herein for said officer shall include his compensation for his services as ex-officio sheriff of the City Court of Reidsville. Sheriff's salary. Section 2. Said Act is further amended by striking from section 4 the following: $5,400.00, and by inserting in lieu thereof the following: $6,000.00, so that when so amended section 4 shall read as follows: Section 4. The sheriff shall have the authority to appoint two deputies, who shall each receive a salary of $6,000.00 per annum, and one deputy who shall receive an annual salary of $ 1,800.00 per annum. Said salaries shall be payable in equal monthly installments from the funds of Tattnall County. In addition to the foregoing deputies, the sheriff is authorized to appoint additional deputies in order to cope with emergency situations which arise in the county requiring their services. The compensation to be received by such deputies shall be fixed by the governing authority of Tattnall County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Deputies. Section 3. Said Act is further amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: Section 6. The sheriff at his own expense shall furnish such automobiles as shall be necessary to carry out the duties of his office. The governing authority of Tattnall County shall reimburse the sheriff for the expenses of operating and maintaining said vehicles at the rate of 10 cents per vehicle for each mile said vehicles travel in connection

Page 2149

with the official business of the sheriff's office. The sheriff shall be responsible for feeding prisoners confined in the county jail; however, the governing authority of Tattnall County shall reimburse the sheriff for the expenses connected therewith. Tattnall County shall also reimburse the sheriff and any of his deputies for any expenses incurred for food and lodging while on official business outside of the confines of Tattnall County. Operating expenses, etc. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that Local Legislation will be introduced and passage sought thereof in the 1969 Session of the General Assembly of Georgia, to increase the salary of the sheriff of Tattnall County and two (2) Deputies and for other purposes. This January 7, 1969. Dewey D. Rush, Representative, 51st District, Post No. 2 Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dewey D. Rush who, on oath, deposes and says that he is Representative from the 51st District, and that the attached copy of notice of intention to introduce local legislation was published in The Tattnall Journal which is the official organ of Tattnall County, on the following dates: January 9, 16, 23, 1969. /s/ Dewey D. Rush, Representative, 51st District

Page 2150

Sworn to and subscribed before me, this 11th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. Approved February 28, 1969. JONES COUNTYCOMPENSATION OF SHERIFF, ETC. No. 65 (House Bill No. 471). An Act to amend an Act abolishing the fee system of compensation for the sheriff of Jones County and providing in lieu thereof an annual salary, approved April 9, 1964 (Ga. L. 1964, Ex. Sess., p. 2169), as amended by an Act approved April 9, 1968 (Ga. L. 1968, p. 3431), so as to change the salary of the said sheriff; to authorize the appointment of deputies by said sheriff; and to provide for their compensation; to provide for the furnishing of certain equipment; 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 abolishing the fee system of compensation for the sheriff of Jones County and providing in lieu thereof an annual salary, approved April 9, 1964 (Ga. L. 1964, Ex. Sess., p. 2169), as amended by an Act approved April 9, 1968 (Ga. L. 1968, p. 3431), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 which shall read as follows: Section 2. The sheriff of Jones County, Georgia shall receive an annual salary of not less than eighty-five hundred ($8,500.00) dollars per year or such additional compensation as may from time to time be established by the governing authority of said county. Sheriff's salary.

Page 2151

Section 2. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. The sheriff of Jones County, Georgia shall have the sole power and authority to appoint deputies as follows: (a) A chief deputy, who shall be compensated in an amount not less than six thousand ($6,000.00) dollars per annum or such additional compensation as may be from time to time established by the governing authority with the concurrence of the Sheriff; Deputies. (b) Three additional deputy sheriffs, one of whom may be designated as jailer, and each of whom shall receive compensation of not less than thirty-six hundred ($3,600.00) dollars per year or such additional sum as may be from time to time recommended by the sheriff and concurred in by the governing authority of the county; (c) Such additional deputies as may be from time to time recommended by the sheriff and concurred in by the governing authority of the county and whose compensation shall be fixed within the limits hereinabove prescribed for deputies in sub-paragraph (b) hereof. Section 3. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. The necessary operating expenses of the sheriff's office, expressly including the compensation of the sheriff and his deputies, shall be paid from any funds of the county available for such purposes. All supplies, materials, furnishings, furniture, utilities, uniforms, weapons and ammunition, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. Operating expenses. Section 4. Said Act is further amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows:

Page 2152

Section 6. The county shall also furnish the sheriff with three automobiles and equipment therefor and shall be authorized to furnish additional automobiles and equipment as may be from time to time recommended by the sheriff and concurred in by the governing authority. The county shall be responsible for the maintenance thereof and such vehicles shall be replaced every two years or at 75,000 miles, whichever occurs first. Motor vehicles. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1969 Session of the General Assembly of Georgia a bill to amend an Act placing the sheriff of Jones County on an annual salary in lieu of the fee system of compensation approved June 30, 1964 (Ga. L. 1964 Ex. Sess., p. 2169), so as to provide for his compensation; to provide for the appointment and compensation of deputies; to provide for the furnishing of equipment and expense of such office. This January 4, 1969, John H. Hadaway, Representative, 27th District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable John Hadaway who, on oath, deposes and says that he is Representative from the 27th District, and that the attached copy of notice of intention to introduce local legislation was published in the Jones County News which is the official organ of Jones County, on the following dates: January 16th, 23rd, and 30th, 1969. /s/ John H. Hadaway, Representative, 27th District

Page 2153

Sworn to and subscribed before me, this 18th day of Feb., 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved February 28, 1969. JONES COUNTYCOMPENSATION AND ELECTIONS OF BOARD OF COUNTY COMMISSIONERS. No. 66 (House Bill No. 472) An Act to amend an Act creating a board of commissioners of roads and revenues for Jones County, approved July 31, 1923 (Ga. L. 1923, p. 264), as amended by an Act approved July 11, 1924 (Ga. L. 1924, p. 348), and an Act approved March 17, 1958 (Ga. L. 1958, p. 2648), so as to provide for commissioner posts; to change the compensation of the commissioners; to provide for the election of commissioners; to provide for the nomination of commissioners; to provide for the obtaining of a majority vote; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for Jones County, approved July 31, 1923 (Ga. L. 1923, p. 264), as amended by an Act approved July 11, 1924 (Ga. L. 1924, p. 348), and an Act approved March 17, 1958 (Ga. L. 1958, p. 2648), is hereby amended by adding to section 9 the following: At the next election held to elect the members of said board a candidate shall designate the commissioner post for which he offers. This shall apply to all primaries and elections of whatsoever kind. Such posts shall be designated by

Page 2154

numbers, as Post No. 1, Post No. 2 and Post No. 3. No candidate shall be nominated in any primary or elected as a commissioner unless such candidate shall receive a majority of the votes cast to fill such office. In the event no candidate receives a majority of the votes cast, then there shall be a run-off election between the two candidates who receive the highest number of votes, which run-off shall be held as otherwise provided by the election laws of the State of Georgia. so that when so amended, section 9 shall read as follows: Section 9. Be it further enacted, that a successor of each member of said board shall be elected by the qualified voters of Jones County in the General Election for members of the General Assembly preceding the expiration of his term of office, which member so elected shall hold office for four years. At the next election held to elect the members of said Board a candidate shall designate the Commissioner Post for which he offers. This shall apply to all primaries and elections of whatsoever kind. Such posts shall be designated by numbers as Post No. 1, Post No. 2 and Post No. 3. No candidate shall be nominated in any primary or elected as a commissioner unless such candidate shall receive a majority of the votes cast to fill such office. In the event no candidate receives a majority of the votes cast, then there shall be a run-off election between the two candidates which receive the highest number of votes, which run-off shall be held as otherwise provided by the election laws of Georgia. Elections. Section 2. Said Act is further amended by striking the first sentence in section 11 which reads as follows: Be it further enacted, that the members of said board, shall receive a compensation of three dollars per day each for each day engaged upon their duties of office. and by inserting in lieu thereof the following:

Page 2155

The members of said board shall each receive as compensation one hundred and fifty ($150.00) dollars per month., so that when so amended section 11 shall read as follows: Section 11. The members of said board shall each receive as compensation one hundred and fifty ($150.00) dollars per month. Said members, when traveling outside of the county on county business, shall also receive travel expenses, computed at eight (8) cents per mile traveled, and actual expenses for lodging and meals upon submitting an itemized, verified account to the board and upon its approval by the majority of the members thereof; provided such expenses shall not be paid in excess of seventy-five ($75.00) dollars per month for any one member. Compensation of commissioners. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1969 Session of the General Assembly of Georgia a bill to amend an act of the General Assembly of Georgia creating a board of commissioners of roads and revenues for Jones County (Ga. L. 1923, 1264 et sequ.) as heretofore amended; to provide that said board shall consist of three commissioners; to provide for their compensation; to provide that candidates must run for post which shall be designated 1, 2, and 3; to provide that each candidate must designate which post he seeks; to provide that each post must be voted on a county-wide basis; to provide that a candidate in both primary and general elections must receive a majority vote; and for other purposes. This 4th day of January, 1969. John H. Hadaway, Representative, 27th District.

Page 2156

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable John Hadaway who, on oath, deposes and says that he is Representative from the 27th District, and that the attached copy of notice of intention to introduce local legislation was published in the Jones City News which is the official organ of Jones County, on the following dates: January 16th, 23rd, 30th, 1969. /s/ John H. Hadaway, Representative, 27th Diistrict Sworn to and subscribed before me, this 18th day of Feb., 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 2, 1972. (Seal). Approved February 28, 1969. CITY COURT OF WAYNESBOROCOURT STENOGRAPHER. No. 67 (House Bill No. 305). An Act to amend an Act establishing the City Court of Waynesboro, approved August 15, 1903 (Ga. L. 1903, p. 174), as amended, particularly by an Act approved April 2, 1963 (Ga. L. 1963, p. 2753), so as to change the compensation and duties of the stenographer of the City Court of Waynesboro; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 2157

Section 1. An Act establishing the City Court of Waynesboro, approved August 15, 1903 (Ga. L. 1903, p. 174), as amended, particularly by an Act approved April 2, 1963 (Ga. L. 1963, p. 2753), is hereby amended by striking section 40 in its entirety and inserting in lieu thereof a new section 40 which shall read as follows: Section 40. There shall be a stenographer of the City Court of Waynesboro appointed by the judge thereof, and removable at his pleasure; said stenographer shall report all cases tried before a jury, both civil and criminal, in said court, a committal court where felony cases are involved, and coroner's inquests when ordered to do so by such judge, and shall be entitled to receive therefor the sum of thirty dollars per day for each day's attendance, payable at the close of each jury session out of the county treasury upon warrant of the judge of said court. A day shall be deemed to be eight hours, or any part thereof. In all cases where a motion for a new trial is made, said stenographer shall, on request of counsel for movant, furnish a transcript of his report, for which he shall be entitled to charge not exceeding twenty cents per hundred words, to be paid for on delivery, unless otherwise agreed upon between counsel and stenographer, but unless so requested, he shall not be required to transcribe any report; provided, however, the presiding judge may in his discretion require the report of any civil case to be paid for by the parties in the manner and upon the terms named for the reporting of civil cases under the general law for the superior courts. Said city court stenographer shall be entitled to the same remedies to enforce the payment of his fees as is provided by law for the stenographers of the superior courts. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are repealed.

Page 2158

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to change the compensation of the stenographer of the City Court of Waynesboro; and for other purposes. This 3 day of Jan., 1969. Preston B. Lewis Representative, 37th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Preston B. Lewis who, on oath, deposes and says that he is Representative from the 37th District, and that the attached copy of notice of intention to introduce local legislation was published in The True Citizen which is the official organ of Burke County, on the following dates: January 8, 15, 22, 1969. /s/ Prestion B. Lewis Representative, 37th District Sworn to and subscribed before me, this 10th day of February, 1969. //s Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 4, 1969. BURKE COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT. No. 68 (House Bill No. 306). An Act to provide the clerk of the superior court of Burke County a salary in addition to the fees and other compensation

Page 2159

he is entitled to receive by law; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The clerk of the superior court of Burke County shall be paid an annual salary of $1,200.00, payable in equal monthly installments from funds of Burke County, in addition to the fees and other compensation he is entitled to receive by law. Salary. Section 2. This Act shall become effective when approved by the Governor or when it otherwise becomes law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to provide the clerk of the superior court of Burke County an annual salary in addition to the fees and other compensation he is entitled to receive by law; and for other purposes. This 3 day of Jan., 1969. Preston B. Lewis Representative, 37th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Preston B. Lewis who, on oath, deposes and says that he is Representative from the 37th District, and that the attached copy of notice of intention to introduce local legislation was published in The True Citizen which is the official organ of

Page 2160

Burke County, on the following dates: January 8, 15, 22, 1969. /s/ Preston B. Lewis Representative, 37th District Sworn to and subscribed before me, this 10th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 4, 1969. BURKE COUNTYCOMPENSATION OF ORDINARY. No. 69 (House Bill No. 307). An Act to amend an Act providing supplemental compensation for the ordinary of Burke County, approved February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2183), as amended, so as to change the supplemental compensation of the ordinary of Burke County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing supplemental compensation for the ordinary of Burke County, approved February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2183), as amended, is hereby amended by striking from section 1 the words and figure two thousand ($2,000.00) dollars, and inserting in lieu thereof the words and figure three thousand ($3,000.00) dollars, so that when so amended section 1 shall read as follows: Section 1. The ordinary of Burke County shall be paid in equal monthly installments from the general funds of

Page 2161

said county the sum of three thousand ($3,000.00) dollars per annum, in addition to the fees which he now receives. Salary. Section 2. This Act shall become effective on the day it is approved by the Governor or when it otherwise becomes law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to change the supplemental compensation of the ordinary of Burke County; and for other purposes. This 3 day of Jan., 1969. Preston B. Lewis Representative, 37th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Preston B. Lewis who, on oath, deposes and says that he is Representative from the 37th District, and that the attached copy of notice of intention to introduce local legislation was published in The True Citizen which is the official organ of Burke County, on the following dates: January 8, 15, 22, 1969. /s/ Preston B. Lewis Representative, 37th District Sworn to and subscribed before me, this 10th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 4, 1969.

Page 2162

DOOLY COUNTYACT PLACING SHERIFF ON SALARY BASIS AMENDED. No. 70 (House Bill No. 379). An Act to amend an Act placing the clerk of the superior court, the sheriff and the ordinary of Dooly County on an annual salary in lieu of the fee system of compensation, approved March 24, 1965 (Ga. L. 1965, p. 2441), so as to change the compensation which may be paid to the deputy sheriff; to change the number of automobiles which Dooly County shall furnish to the sheriff for official business only; to change the amount which may be paid to the sheriff of Dooly County by the governing authority of said county for feeding prisoners confined in the county jail; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the clerk of the superior court, the sheriff and the ordinary of Dooly County on an annual salary in lieu of the fee system of compensation, approved March 24, 1965 (Ga. L. 1965, p. 2441), is hereby amended by striking section 7 in its entirety and inserting in lieu thereof a new section 7 to read as follows: Section 7. The sheriff is authorized to appoint one deputy who shall receive such compensation as shall be fixed by the sheriff, but which shall not exceed the sum of $5,000.00 per annum, which compensation shall be paid in equal monthly installments from any funds of the county available for such purpose, and any additional deputies appointed by the sheriff as provided by law shall be compensated by the sheriff out of his own funds. Dooly County shall furnish two automobiles to the sheriff for official business only and the cost of operating and maintaining same shall be paid by the county. The sheriff shall receive from Dooly County as fixed from time to time by the governing authority of said county not less than $2.00 per day per prisoner and not more than $2.50 per day per

Page 2163

prisoner for the purpose of feeding prisoners confined in the county jail. Deputy sheriffs, automobiles, etc. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is, as provided by Constitution of State of Georgia, given that there will be introduced at the present January 1969 session of General Assembly of Georgia a bill to amend an Act of General Assembly approved March 24, 1965, found in Georgia Laws 1965, published by authority, at pages 2441 and 2445, inclusively, as amended, placing certain officers on a salary basis, so as to provide for the compensation of a deputy sheriff at not more than $5,000.00 per year, payable in equal monthly installments from the funds of Dooly County; to provide that Dooly County shall furnish two automobiles to the sheriff for official use only; to provide that the sheriff shall receive from Dooly County, as fixed from time to time by the governing authorities thereof, not less than $2.00 per day per prisoner and not more than $2.50 per day per prisoner for the purpose of feeding prisoners confined in the county jail; and to provide for other matters germane thereto including the defining of effective date and the repeal of conflicting laws. Rooney L. Bowen Representative from 69th Representative District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rooney Bowen who, on oath, deposes and says that he is Representative from the 47th District, and that the attached copy of notice of intention to introduce local legislation was published in The Vienna News which is the official organ of

Page 2164

Dooly County, on the following dates: January 16, 23 and 30, 1969. /s/ Rooney L. Bowen Representative, 47th District Sworn to and subscribed before me, this 11th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 4, 1969. TOWN OF VERNONBURGCORPORATE LIMITS. No. 71 (House Bill No. 384). An Act to amend an Act incorporating the Town of Vernonburg, approved March 6, 1866 (Ga. L. 1865, p. 294), as amended, particularly by an Act approved March 21, 1958 (Ga. L. 1958, p. 2804) and by an Act approved April 8, 1965 (Ga. L. 1965, p. 3370), so as to annex to the Town of Vernonburg certain real estate lying contiguous thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Vernonburg, approved March 6, 1866 (Ga. L. 1865, p. 294), as amended, particularly by an Act approved March 21, 1958 (Ga. L. 1958, p. 2804) and by an Act approved April 8, 1965 (Ga. L. 1965, p. 3370), is hereby amended by striking therefrom section 1 thereof in its entirety and inserting in lieu thereof a new section which shall read as follows:

Page 2165

Section 1. That all of the tract of land situate, lying and being in the County of Chatham and State of Georgia, and described as follows: Beginning at a point where the northern projection of the eastern right-of-way line of Rockwell Avenue intersects the low water mark of the southernmost tributary of the Vernon River and running thence along said low water mark in an eastwardly direction to the point where the same intersects the low water mark of the west bank of Vernon River proper; thence following said low water mark along its meanderings in a generally southern direction to the center line of Bonnie Doon Creek; thence following the center line of Bonnie Doon Creek along its meanderings in a generally northern direction to the point where said center line intersects the southwestwardly projection of the common boundary line between the Bonnie Doon Tract and the lands of Rourke; running thence along said boundary line north 24 15[UNK] east a distance of 1,680 feet, more or less, to a point on the southern right-of-way line of Vernonburg Avenue; running thence eastwardly along said right-of-way line to a point on the common boundary line between the lands of Constantine and the lands of Laura C. and Freeman N. Jelks, Jr.; running thence southwardly along said boundary line a distance of 335 feet, more or less, to a point on the common boundary line between the lands of Constantine and the lands of Mary C. Colquitt; running thence eastwardly along said boundary line a distance of 824.75 feet to a point on the western right-of-way line of South Rockwell Avenue; running thence northwardly along said right-of-way line a distance of 255 feet, more or less, to its intersection with the southern right-of-way line of Vernonburg Avenue; running thence eastwardly along said right-of-way line to its intersection with the eastern right-of-way line of Rockwell Avenue; running thence northwardly along said right-of-way line and its northern projection to the point of beginning, shall hereafter be known and designated as the Town of Vernonburg, and as such and by said name is hereby incorporated. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2166

State of Georgia, County of Chatham. Notice is hereby given that the Intendant and commissioners of the Town of Vernonburg, a municipal corporation existing under and by virtue of various acts of the General Assembly of Georgia, will request the General Assembly of Georgia, at the regular 1969 session thereof to enact legislation amending the charter of said municipal corporation for the purpose of changing the corporate limits thereof, and annexing to said Town of Vernonburg certain real estate in the county aforesaid lying immediately contiguous to the western limits of said municipal corporation, all of which said real estate to be so annexed being owned by residents of said municipal corporation. The title of the proposed legislation will be as follows: An Act to amend an Act incorporating the Town of Vernonburg, approved March 6, 1866, (Ga. L. 1865, p. 294), as amended particularly by an Act approved March 21, 1958, (Ga. L. 1958, p. 2904), and by an Act approved April 8, 1965, (Ga. L. 1965, p. 3370), so as to annex to the Town of Vernonburg certain real estate lying contiguous thereto, to repeal conflicting laws, and for other purposes. This 16th day of January, 1969. William Bauer, Intendant Frank A. Chisholm, Commissioner Fred Williams, Commissioner Alec Benson, Commissioner Jack Newsome, Commissioner Lionel E. Drew, Jr. 31 West Congress Street Savannah, Georgia 31401 Town Attorney

Page 2167

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Herbert Jones, Jr. who, on oath, deposes and says that he is Representative from the 87th District, and that the attached copy of notice of intention to introduce local legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: January 18, 1969, January 25, 1969, and February 1, 1969. /s/ Herbert Jones, Jr. Representative, 87th District Sworn to and subscribed before me, this 11th day of February, 1969. /s/ Amelia Smith, Notary Public, Georgia State at Large. My Commission expires Oct. 10, 1972. (Seal). Approved March 4, 1969. BURKE COUNTYACT PLACING SHERIFF ON SALARY BASIS AMENDED. No. 72 (House Bill No. 393). An Act to amend an Act abolishing the fee system of compensation for the sheriff of Burke County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2127), as amended by an Act approved April 4, 1968 (Ga. L. 1968, p. 2979), so as to change the compensation of the sheriff of Burke County and to authorize said sheriff to hire one additional deputy; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 2168

Section 1. An Act abolishing the fee system of compensation for the sheriff of Burke County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2127), as amended by an Act approved April 4, 1968 (Ga. L. 1968, p. 2979), is hereby amended by striking from section 2 the figure $10,500.00 and inserting in lieu thereof the figure $11,500.00, so that when so amended section 2 shall read as follows: Section 2. The sheriff shall receive an annual salary of $11,500.00, payable in equal monthly installments from the funds of Burke County. Sheriff's salary. Section 2. Said Act is further amended by striking from section 5 the word four wherever it shall appear and by inserting in lieu thereof the word five, so that when so amended section 5 shall read as follows: Section 5. The sheriff shall have the authority to appoint five deputies and one secretary, one of which deputies shall be appointed by the sheriff to act as jailer. The compensation of said deputies and secretary shall be fixed by the governing authority of Burke County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the persons who shall be employed as deputies and secretary and to prescribe their duties and assignments, and to remove or replace any such deputies and secretary at will and within his sole discretion. Nothing herein shall be construed as prohibiting the sheriff from appointing more than five deputies and one secretary but the governing authority of Burke County shall be authorized to pay the compensation of only the five deputies and secretary provided for herein. Deputy sheriffs. Section 3. This Act shall become effective when approved by the Governor or when it may otherwise become law. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2169

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to change the compensation of the sheriff of Burke County; to authorize said sheriff to hire an additional deputy; and for other purposes. This 3 day of Jan., 1969. Preston B. Lewis Representative, 37th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Preston B. Lewis who, on oath, deposes and says that he is Representative from the 37th District, and that the attached copy of notice of intention to introduce local legislation was published in The True Citizen which is the official organ of Burke County, on the following dates: January 8, 15, 22, 1969. /s/ Preston B. Lewis Representative, 37th District Sworn to and subscribed before me, this 10th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 4, 1969.

Page 2170

CITY COURT OF SYLVESTERPRACTICE OF LAW BY JUDGE. No. 75 (House Bill No. 483). An Act to amend an Act establishing a City Court in the City of Sylvester in Worth County, Georgia, approved August 8, 1916 (Ga. L. 1916, p. 314), as amended, particularly by an Act approved March 12, 1935 (Ga. L. 1935, p. 557), so as to provide that the judge of said court may engage in the general practice of law in all courts except the City Court of Sylvester; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a City Court in the City of Sylvester in Worth County, Georgia, approved August 8, 1916 (Ga. L. 1916, p. 314), as amended, particularly by an Act approved March 12, 1935 (Ga. L. 1935, p. 557), is hereby amended by striking section 5-A in its entirety and inserting in lieu thereof a new section 5-A to read as follows: Section 5-A. The judge of said court may engage in the general practice of law and may practice in all courts except the City Court of Sylvester. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that legislation will be applied for at the coming session of the 1969 Legislature to amend an act creating the City Court of Sylvester, relating to and clarifying the law as to the practice of law by the judge of said court in other courts. Respectfully, Howard L. Rainey, Post 1 Rooney L. Bowen, Post 2 Legislative District 47

Page 2171

Georgia, Worth County. Personally appeared before the undersigned officer authorized to administer oaths, Marian A. Sumner, who after first being duly sworn deposes and says that she is the owner and publisher of The Sylvester Local and that the above and foregoing notice of intention to apply for local legislation has been published in The Sylvester Local, a newspaper of general circulation in which sheriff's advertisements are published for the past three issues, to-wit; January 9, 1969, January 16, 1969 and January 23, 1969. This the 23rd day of January, 1969. /s/ Marian A. Sumner Owner and publisher, The Sylvester Local Subscribed and sworn to before the undersigned, this 23rd day of January, 1969. /s/ Joan G. Lumpkin, N. P., Ga., State at Large. (Seal). Approved March 4, 1969. ROCKDALE COUNTYCOMPENSATION OF COUNTY COMMISSIONER. No. 76 (House Bill No. 494). An Act to amend an Act creating the office of commissioner of roads and revenues for Rockdale County (now Commissioner of Rockdale County), approved February 18, 1941 (Ga. L. 1941, p. 952), as amended, particularly by an Act approved February 18, 1966 (Ga. L. 1966, p. 2042), so as to change the salary of said commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 2172

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Roads and Revenues for Rockdale County (now Commissioner of Rockdale County), approved February 18, 1941 (Ga. L. 1941, p. 952), as amended, particularly by an Act approved February 18, 1966 (Ga. L. 1966, p. 2042), is hereby amended by striking section 8 in its entirety and inserting in lieu thereof a new section 8, to read as follows: Section 8. The commissioner of Rockdale County shall receive a salary of $10,800.00 per annum, paid in equal monthly installments from county funds, and, in addition an expense allowance of $2,400.00 per annum, paid in equal monthly installments from county funds. Compensation. Section 2. This Act shall become effective March 1, 1969, or, if approved by the Governor at a later date, at that later date. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to change the compensation of the county commissioner of Rockdale County; and for other purposes. This 27th day of January, 1969. C. R. Vaughn, Jr., Post 1 Representative, 74th District Hugh Jordan, Post 2 Representative, 74th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable C. R.

Page 2173

Vaughn, Jr. who, on oath, deposes and says that he is Representative from the 74th District, and that the attached copy of notice of intention to introduce local legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following dates: January 30th, 1969; February 6th and 13th, 1969. /s/ C. R. Vaughn, Jr. Representative, 74th District Sworn to and subscribed before me, this 18 day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved March 4, 1969. ROCKDALE COUNTYORDINARY PLACED ON SALARY BASIS. No. 77 (House Bill No. 495). An Act to abolish the present mode of compensating the ordinary of Rockdale County, known as the fee system; to provide in lieu thereof an annual salary for the ordinary; to provide that all fees, costs or other emoluments of the ordinary shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of operating expenses of the office of the ordinary; to provide for the employment of a deputy; to provide for the compensation for such deputy; to provide for bonds; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 2174

Section 1. The present mode of compensating the ordinary of Rockdale County, known as the fee system, is hereby abolished, and in lieu thereof, an annual salary for said officer is prescribed as hereinafter provided. Salary basis. Section 2. The ordinary of Rockdale County shall receive an annual salary of $10,800, payable in equal monthly installments from the funds of Rockdale County. Salary. Section 3. After the effective date of this Act, the ordinary of Rockdale County shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed as compensation for his services in any capacity, and shall receive and hold the same in trust for said county as public monies, and shall pay the same into the county treasury on or before the 10th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the ordinary shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by him and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 4. The ordinary of Rockdale County is hereby authorized to appoint one full-time deputy to assist him in the performance of the duties of his office. The deputy of the ordinary shall receive $4,200.00 per annum. Said deputy shall be paid in equal monthly installments from the funds of Rockdale County. The ordinary, during his term of office, shall have the authority to designate and name the person who shall be employed as such deputy, and to prescribe his duties and assignments. The ordinary may remove such deputy at any time with or without cause. Deputy. Section 5. All expenses incurred by the ordinary in operating and discharging the official duties of his office, including, but not limited to, office equipment, supplies,

Page 2175

fixtures and utility expenses, shall be paid by the county from county funds. Office expenses. Section 6. The official bonds of the ordinary and his deputy shall be procured by said officer, and the premiums and costs thereof shall be paid out of any county funds available for that purpose. Bond. Section 7. The provisions of this Act shall become effective on April 1, 1969, or, if approved by the Governor at a later date, at that later date. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to abolish the present mode of compensating the ordinary of Rockdale County and to provide in lieu thereof an annual salary; to provide that all fees, costs and other emoluments of said officer shall become the property of the county; to provide for the collection and such fees, costs and emoluments; to provide for operating expenses, and employment of personnel and the compensation thereof; to provide an effective date; and for other purposes. This 27th day of January, 1969. C. R. Vaughn, Jr. Representative, 74th District, Post 1 Hugh Jordan Representative, 74th District, Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable C. R. Vaughn, Jr. who, on oath, deposes and says that he is

Page 2176

Representative from the 74th District, and that the attached copy of notice of intention to introduce local legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following dates: January 30th, 1969; February 6th and 13th, 1969. /s/ C. R. Vaughn, Jr. Representative, 74th District Sworn to and subscribed before me, this 18th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 4, 1969. ROCKDALE COUNTYCLERK OF SUPERIOR COURT PLACED ON SALARY BASIS. No. 78 (House Bill No. 496). An Act to fix the compensation of the clerk of the Superior Court of Rockdale County; to provide for clerical help and their compensation; to provide that all fees, commissions and other compensation of the clerk of the Superior Court of Rockdale County shall be paid to the treasurer of Rockdale County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. All fees, costs, percentages, forfeitures, penalties, allowances, and all other perquisites of whatever kind, as are now or may hereafter be allowed by the law,

Page 2177

to be received or collected as compensation for service by the clerk of the Superior Court, shall be received and diligently collected by him for the sole use of Rockdale County, and shall be held as public monies belonging to Rockdale County and accounted for and paid over to the county treasurer by the tenth day of each month, for the immediately preceding month, at which time a detailed itemized statement shall be made by the clerk of the Superior Court under oath showing such collections and the sources from which collected, and the treasurer of Rockdale County shall keep a separate account showing such collections and the sources from which they are paid. Fees. Section 2. The clerk of the Superior Court of Rockdale County shall receive a salary of ten thousand eight hundred ($10,800.00) dollars per annum, payable in equal monthly installments out of the funds of the county. Said salary shall be the sole compensation of the clerk of the Superior Court of Rockdale County, whether he be ex officio clerk of other courts or not, but he shall be reimbursed for all expenses incurred in the official operation of his office. Salary. Section 3. The clerk of the Superior Court of Rockdale County shall have the authority and discretion in appointing the following clerks and employees: one (1) deputy clerk whose salary shall not exceed four thousand two hundred ($4,200.00) dollars per annum; and one (1) parttime clerk whose salary shall not exceed two thousand one hundred ($2,100.00) dollars per annum. The salaries of the above employees shall be payable in equal monthly installments out of county funds. Provided, however, that such other additional help as may become necessary may be employed by the clerk of the superior court, and he shall set their compensation, upon approval by the county governing authority. Deputy clerks. Section 4. This Act shall become effective April 1, 1969, or, if approved by the Governor at a later date, at that later date. Effective date.

Page 2178

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to abolish the present mode of compensating the clerk of the superior court of Rockdale County and to provide in lieu thereof an annual salary; to provide that all fees, costs and other emoluments of said officer shall become the property of the county; to provide for the collection of such fees, costs and emoluments; to provide for operating expenses, and employment of personnel and the compensation thereof; to provide an effective date; and for other purposes. This 27th day of January, 1969. C. R. Vaughn, Jr. Representative, 74th District, Post 1 Hugh Jordan Representative, 74th District, Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable C. R. Vaughn, Jr., who, on oath, deposes and says that he is Representative from the 74th District, and that the attached copy of notice of intention of introduce local legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following dates: January 30th, 1969; February 6th and 13th, 1969. /s/ C. R. Vaughn, Jr. Representative, 74th District

Page 2179

Sworn to and subscribed before me, this 18 day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 4, 1969. ROCKDALE COUNTYACT PLACING SHERIFF ON SALARY BASIS AMENDED. No. 79 (House Bill No. 497). An Act to amend an Act placing the sheriff of Rockdale County on an annual salary in lieu of the fee system of compensation, approved February 18, 1966 (Ga. L. 1966, p. 2039), as amended by an Act approved February 28, 1967 (Ga. L. 1967, p. 2068), and an Act approved February 29, 1968 (Ga. L. 1968, p. 2083), so as to change the salary of said sheriff, and the salaries of his deputies; to provide for additional deputies, an investigator and automobile; to change the salary of the clerical assistant; to change the board bill for prisoners; to delete the authority of the sheriff to hire turnkeys; 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 placing the sheriff of Rockdale County on an annual salary in lieu of the fee system of compensation, approved February 18, 1966 (Ga. L. 1966, p. 2039), as amended by an Act approved February 28, 1967 (Ga. L. 1967, p. 2068), and an Act approved February 29, 1968 (Ga. L. 1968, p. 2083), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows:

Page 2180

Section 2. The sheriff shall receive a salary of $900.00 per month, payable from funds of Rockdale County. Sheriff's salary. Section 2. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. The sheriff shall have the authority to appoint a chief deputy sheriff and six other full-time deputies. The chief deputy shall receive a salary of not more than five hundred ($500.00) dollars per month. The other six full-time deputies shall each receive a salary of not more than five hundred ($500.00) dollars per month. The sheriff shall also be authorized to employ an investigator who shall be paid a salary of not more than six hundred ($600.00) dollars per month, and a part-time deputy sheriff-jailer who shall receive a salary of not more than one hundred seventy-five ($175.00) dollars per month. The sheriff may employ a clerical assistant who shall receive a salary of not more than three hundred fifty ($350.00) dollars per month. All salaries shall be fixed by the sheriff and shall be paid monthly from the funds of Rockdale County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Deputy sheriffs, etc. Section 3. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. The governing authority of Rockdale County shall furnish the sheriff with four fully equipped automobiles for his use in connection with the official duties of his office. In addition to the salary provided for in section 2 hereof, the sheriff shall receive the cost of board for prisoners. The board for prisoners shall be three ($3.00) dollars per day, per person, in order to meet the cost of housing and feeding each prisoner confined in the

Page 2181

county jail. The sums provided in this section shall be paid to the sheriff on a monthly basis from the funds of Rockdale County. The sheriff shall be authorized to maintain his living quarters in the jail of Rockdale County. Automobiles, board of prisoners, etc. Section 4. This Act shall become effective March 1, 1969, or, if approved by the Governor at a later date, at that later date. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to change the compensation of the Rockdale County Sheriff and his deputies; to provide for additional deputies and equipment therefore; and for other purposes. This 27th day of January, 1969. C. R. Vaughn, Jr., Post 1 Representative, 74th District Hugh Jordan, Post 2 Representative, 74th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable C. R. Vaughn, Jr. who, on oath, deposes and says that he is Representative from the 74th District, and that the attached copy of notice of intention to introduce local legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following dates: January 30th, 1969; February 6th and 13th, 1969. /s/ C. R. Vaughn, Jr. Representative, 74th District

Page 2182

Sworn to and subscribed before me, this 18 day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 4, 1969. CITY OF LAGRANGECORPORATE LIMITS. No. 83 (House Bill No. 224). An Act to amend an Act creating a new charter for the City of LaGrange in the County of Troup approved March 8, 1968 (Ga. L. 1968, p. 2191), so as to increase the corporate limits of the City of LaGrange; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia. Section One: An Act creating a new charter for the City of LaGrange in the County of Troup approved March 8, 1968 (Ga. L. 1968, p. 2191) is hereby amended by adding to Appendix 1, Boundaries of the City of LaGrange, Georgia at the end of paragraph (a) sub-paragraphs (1), (2), (3), (4) and (5) to read as follows: (1) In addition to the property heretofore included in the corporate limits of the City of LaGrange, Troup County, Georgia, the corporate limits shall be extended so as to include the following described property: 1. Beginning at a point, said point being at the intersection of the north boundary of land lot 137 of the 6th land district of Troup County, Georgia and the arc of a circle forming the present city limits of the City of LaGrange, said point having co-ordinates of N-1,102,419.11 and E-244,681.06 based on the plane co-ordinate system of Georgia, and running thence south 89 01[UNK] 56[UNK] along the northern

Page 2183

boundary of land lot 137 and a portion of the northern boundary of land lot 136 for a distance of 3,090.90 feet to a point, said point being at the intersection of the northern boundary of land lot 136 and the western boundary of Federal Aid Secondary Route No. 2647 (LaGrange By-Pass) and having co-ordinates of N-1,102,366.93 and E-247,770.92; running thence south 30 40[UNK] 14[UNK] west along the western boundary of Federal Aid Secondary Route No. 2647 for a distance of 196.25 feet to a point; running thence south 34 57[UNK] 35[UNK] west along the western boundary of Federal Aid Secondary Route No. 2647 for a distance of 200.56 feet to a point; running thence south 30 40[UNK] 14[UNK] west along the western boundary of Federal Aid Secondary Route No. 2647 for a distance of 450 feet to a point; running thence south 27 48[UNK] 29[UNK] west along the western boundary of Federal Aid Secondary Route No. 2647 for a distance of 300.37 feet to a point; running thence south 36 22[UNK] 53[UNK] west along the western boundary of Federal Aid Secondary Route No. 2647 for a distance of 502.49 feet to a point; running thence south 30 40[UNK] 14[UNK] west along the western boundary of Federal Aid Secondary Route No. 2647 for a distance of 100.00 feet to a point; running thence south 25 54[UNK] 25[UNK] west along the western boundary of Federal Aid Secondary Route No. 2647 for a distance of 602.07 feet to a point; running thence south 35 26[UNK] 03[UNK] west along the western boundary of Federal Aid Secondary Route No. 2647 for a distance of 301.04 feet to a point; running thence south 30 40[UNK] 14[UNK] west along the western boundary of Federal Aid Secondary Route No. 2647 for a distance of 200.00 feet to a point; running thence south 64 56[UNK] 20[UNK] west along the western boundary of Federal Aid Secondary Route No. 2647 for a distance of 99.18 feet to a point, said point being in the northern boundary of Big Springs Road and having coordinates of N-1,099,889.40 and E-246,208.38; running thence north 80 52[UNK] 39[UNK] west along the northern boundary of Big Springs Road for a distance of 304.20 feet to a point; running thence along the arc of a curve forming the northern boundary of Big Springs Road, said curve having a chord running north 64 14[UNK] 29[UNK] west for a distance of 320.77 feet to a point; running thence north 47 53[UNK] 45[UNK] west along the northern boundary of Big Springs Road

Page 2184

for a distance of 1,143.57 feet to a point; running thence along the arc of a curve forming the northern boundary of Big Springs Road, said curve having a chord running north 53 06[UNK] 27[UNK] west for a distance of 163.00 feet to a point; running thence along the arc of a curve forming the northern boundary of Big Springs Road, said curve having a chord running north 77 19[UNK] 52[UNK] west for a distance of 397.19 feet to a point; running thence south 88 03[UNK] 34[UNK] west along the northern boundary of Big Springs Road for a distance of 187.80 feet to a point; running thence south 01 53[UNK] 46[UNK] east for a distance of 15.00 feet to a point; running thence south 87 49[UNK] 09[UNK] west along the northern boundary of Big Springs Road for a distance of 101.75 feet to a point, said point being at the intersection of the northern boundary of Big Springs Road and the arc of a circle forming the present city limits of the City of LaGrange, and having co-ordinates of N-1,100,998.03 and E-243,964.16; running thence along the arc of the circle forming the city limits, said circle having a radius of 10,560.00 feet in a northeasterly direction for a distance of 1,593.33 feet to the point of beginning. (2) In addition to the property heretofore included in the corporate limits of the City of LaGrange, Troup County, Georgia, the corporate limits shall be extended so as to include the following described property: Beginning at a point, said point being at the intersection of the west boundary of land lot 151 of the sixth land district of Troup County, Georgia and the southern boundary of Davis Road (LaGrange By-Pass) said point having co-ordinates of N-1,097,430.00 and E-241,597.39 based on the plane co-ordinate system of Georgia; running thence north 01 05[UNK] 29[UNK] east along the western boundary of land lot 151 for a distance of 852.24 feet to a point, said point being at the intersection of the western boundary of land lot 151 and the arc of a circle forming the present city limits of the City of LaGrange; running thence in a northeasterly direction and along the arc of a circle forming the present city limits of the City of LaGrange, said circle having a radius of 10,560.00 feet, a central angle of 2 32[UNK] 30[UNK], a chord of 468.44 feet for an arc distance of 468.45

Page 2185

feet to a point, said point having co-ordinates of N-1,098,593.05 and E-241,978.49; running thence south 81 08[UNK] 21[UNK] east for a distance of 279.35 feet to a point; running thence south 35 45[UNK] 00[UNK] east for a distance of 808.97 feet to a point, said point being on the southern boundary of Davis Road (LaGrange By-Pass); running thence in a southwesterly direction along the southern boundary of Davis Road to the point of beginning. (3) In addition to the property heretofore included in the corporate limits of the City of LaGrange, Troup County, Georgia, the corporate limits shall be extended so as to include the following described real property: Beginning at a point, said point being at the intersection of the arc of a circle forming the city limits of the City of LaGrange, Troup County, Georgia, said circle having a radius of 10,560.00 feet and the northern boundary of U. S. Highway No. 29, running thence in a northeasterly and a easterly direction along the northern boundary of U. S. Highway No. 29 to a point, said point being at the intersection of the north boundary of U. S. Highway No. 29 and the east boundary line of land lot no. 73 of the sixth land district of Troup County, Georgia; running thence in a northerly direction along the eastern boundary of land lot 73 to a point, said point being at the northeast corner of land lot 73 of the sixth land district of Troup County, Georgia and having plane co-ordinates of N-1,114,255.63 and E-247,850.72 based on the plane co-ordinate system of Georgia; running thence in a western direction and along the northern boundary of land lot 73 and 74 to a point, said point being at the intersection of the northern boundary of land lot 74 and the arc of a circle forming the present city limits of the City of LaGrange; running thence in a southeasterly direction along the arc of a circle forming the city limits of LaGrange to the point of beginning. (4) In addition to the property heretofore included in the corporate limits of the City of LaGrange, Troup County, Georgia, the corporate limits shall be extended so as to include the following described real property:

Page 2186

Beginning at a point, said point being at the intersection of the arc of a circle forming the present city limits of the City of LaGrange, said circle having a radius of 10,560.00 feet and the northern boundary of the right-of-way of the Atlanta and West Point Railroad, said point lying in land lot no. 105 of the sixth land district of Troup County, Georgia; running thence in an easterly and northeasterly direction and along the northern boundary of the right-of-way of the Atlanta and West Point Railroad to a point, said point being at the intersection of the northern boundary of the right-of-way of the Atlanta and West Point Railroad and the western boundary of Federal Aid Secondary Route No. 2647 (LaGrange By-Pass) said point lying in land lot no. 89 of the sixth land district of Troup County, Georgia; running thence in a northerly direction and along the western boundary of Federal Aid Secondary Route No. 2647 to a point, said point being at the intersection of the western boundary of Federal Aid Secondary Route No. 2647 and the northern boundary of land lot 89 of the sixth land district of Troup County, Georgia; running thence in a westerly direction along the northern boundary of land lot 89 to the northwest corner of land lot 89 of the sixth land district of Troup County, Georgia; running thence in a northern direction and along the eastern boundary of land lot 73 to a point, said point being the intersection of the eastern boundary of land lot 73 and the northern boundary of U. S. Highway No. 29; running thence in a westerly direction along the northern boundary of U. S. Highway No. 29 to a point, said point being the intersection of the northern boundary of U. S. Highway No. 29 and the present city limits of the City of LaGrange and having co-ordinates of N-1,112,689.02 and E-246,318.28 based on the Plane Co-ordinate System of Georgia; running thence south 00 56[UNK] 12[UNK] east along the present city limits of the City of LaGrange for a distance of 1,077.39 feet to a point, said point being at the intersection of the present city limits and the northern boundary of land lot no. 88 of the sixth land district of Troup County, Georgia, and having co-ordinates of N-1,111,601.64 and E-246,301.45; running thence north 89 08[UNK] 44[UNK] west along the northern boundary of land lot 88 and the present city limits for a distance of 1,443.18 feet to a point, said point

Page 2187

being the northwest corner of land lot 88 of the sixth land district of Troup County, Georgia, and having co-ordinates of N-1,111,623.16 and E-244,858.43; running thence south 0 13[UNK] 34[UNK] west along the present city limits for a distance of 1,519.69 feet to a point; running thence north 89 08[UNK] 44[UNK] west for a distance of 23.29 feet to a point, said point being at the intersection of the last described line and the arc of a circle forming the city limits of the City of LaGrange and having co-ordinates of N-1,110,103.81 and E-244,829.14; running thence in a southeasterly direction and along the arc of a circle forming the present city limits of the City of LaGrange to the point of beginning. (5) In addition to the property heretofore included in the corporate limits of the City of LaGrange, Troup County, Georgia, the corporate limits shall be extended so as to include the following described real property: Beginning at a point, said point being at the northwest intersection of Cameron Mill Road and Country Club Drive and lying on the present city limits of the City of LaGrange; running thence north 67 31[UNK] west along the northern boundary of Cameron Mill Road for a distance of 158.92 feet to a point; running thence north 70 42[UNK] west along the northern boundary of Cameron Mill Road for a distance of 161.23 feet to a point; running thence north 66 59[UNK] west along the northern boundary of Cameron Mill Road for a distance of 142.77 feet to a point; running thence north 59 24[UNK] west along the northern boundary of Cameron Mill Road for a distance of 144.35 feet to a point; running thence north 10 28[UNK] east for a distance of 749.62 feet to a point; running thence north 11 20[UNK] east for a distance of 206.74 feet to a point; running thence north 72 57[UNK] east for a distance of 174.65 feet to a point; running thence north 59 58[UNK] east for a distance of 127.35 feet to a point; running thence north 36 43[UNK] east for a distance of 407.71 feet to a point; running thence south 71 25[UNK] east for a distance of 74.83 feet to a point; running thence south 1 42[UNK] west to a point, said point being at the intersection of the last described line and the eastern boundary of Lakeshore Drive;

Page 2188

running thence in a southerly direction along the eastern boundary of Lakeshore Drive to a point, said point being at the intersection of the eastern boundary of Lakeshore Drive and the northern boundary of Country Club Drive, said northern boundary of Country Club Drive being the present city limits of the City of LaGrange; running thence in a westerly and southerly direction along the boundary of Country Club Road and the present city limits to the point of beginning, the land described herein lying in land lot 49 and 80 of the sixth land district of Troup County, Georgia. Section Two: All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publication. State of Georgia, Troup County. Personally before the undersigned officer, duly authorized to administer oaths, appears Glen O. Long who, on oath, deposes and states that he is publisher of the LaGrange Daily News, the newspaper in which sheriff's advertisements of Troup County, Georgia are published; that the advertisement Notice of Intention to Introduce Local Legislation which is hereinafter set forth, was duly published in said newspaper on the dates of January 3, 1969, January 10, 1969, and January 17, 1969. /s/ Glen O. Long Publisher, LaGrange Daily News Sworn to and subscribed before me, on this the 17th day of January, 1969. /s/ Katherine M. Nelson, Notary Public, Troup County, Georgia. My Commission expires March 2, 1969. (Seal).

Page 2189

Notice of Intention to Introduce Local Legislation. Notice is hereby given that the following local legislation will be introduced at the January 1969 Regular Session of the General Assembly of Georgia, to-wit: An Act to amend the charter of the City of LaGrange approved March 8, 1968 so as to extend the corporate limits of the City of LaGrange beyond the limits as now defined to include the following property, to-wit: Tract No. 1: 131.89 acres, more or less, in land lots 137 and 138 of the sixth land district of Troup County, Georgia. Tract No. 2: 18 acres, more or less, in land lot 151 of the sixth land district of Troup County, Georgia. Tract No. 3: 206.6 acres, more or less, in land lots 73 and 74 of the sixth land district of Troup County, Georgia. Tract No. 4: 337.5 acres, more or less, in land lots 73, 88, 89 and 105 of the sixth land district of Troup County, Georgia. Tract No. 5: 22.3 acres, more or less, in land lots 49 and 80 of the sixth land district of Troup County, Georgia. This the 3rd day of January, 1969. Mayor and Council of LaGrange By: /s/ James R. Lewis, City Attorney Approved March 10, 1969. CATOOSA COUNTYCOMPENSATION OF SHERIFF, ETC. No. 84 (House Bill No. 301). An Act to amend an Act placing the sheriff of Catoosa County on an annual salary in lieu of the fee system

Page 2190

of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2663), as amended, so as to change the salary of the sheriff; to provide for an expense allowance; to provide for funds to feed the county prisoners; to provide for the employment of deputies and their compensation; to provide for the operating expenses of the office of sheriff; to provide for a report by the sheriff to the grand jury; 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 placing the sheriff of Catoosa County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2663), as amended, is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. The sheriff shall receive a salary of eight thousand eight hundred dollars ($8,800.00) per annum, and, in addition, an expense allowance of one thousand two hundred dollars ($1,200.00) per annum, to be paid in equal monthly installments from funds of Catoosa County. In addition thereto, the sheriff shall receive $2.00 per day per prisoner for the purpose of feeding same. Sheriff's compensation. Section 2. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. The sheriff shall have the authority to appoint one chief deputy who shall receive an annual salary of six thousand dollars ($6,000), and five deputies who shall each receive an annual salary of not less than four thousand eight hundred dollars ($4,800.00) and not more than five thousand four hundred dollars ($5,400.00), the amount to be fixed by the sheriff. The sheriff shall appoint such additional personnel as he shall deem necessary to assist him in the performance of the duties of his office. Each of the above salaries shall be payable in equal monthly installments from the funds of Catoosa County, Georgia,

Page 2191

and at the time of such monthly payments each deputy, upon the request of the governing authority shall furnish a statement under oath showing the dates, number of hours and exact time that they served on duty during the preceding month. It shall be within the sole power and authority of the sheriff during his term of office to designate and name the person or remove and replace such employees at will, and within his sole discretion. No person employed as a deputy or other shall be related to the sheriff closer than the fifth degree of consanguinity or affinity. Deputy sheriffs. Section 3. Said Act is further amended by striking section 6A in its entirety and inserting in lieu thereof a new section 6A, to read as follows: Section 6A. The governing authority of Catoosa County shall pay all the operating expenses of the office of the sheriff of Catoosa County in addition to the salaries for deputies and allowance to feed county prisoners provided for herein, but such operating expense shall not exceed twenty-two thousand dollars ($22,000.00) in any one calendar year. The sheriff is hereby authorized to expend such operating funds for such supplies and equipment as he may deem necessary for discharging the official duties of his office. The governing authority of Catoosa County shall disburse such operating funds to the sheriff on a monthly basis from vouchers submitted by the sheriff. The governing authority of Catoosa County shall furnish the sheriff three vehicles and equipment therefor, annually and the cost thereof shall be paid from the funds of Catoosa County, in addition to the funds specified in this section. Office expenses, etc. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January, 1969 Session of the General Assembly of the State of Georgia a bill to amend an Act placing the Sheriff

Page 2192

of Catoosa County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2663) and all acts amendatory thereof, so as to change the amount to be paid to feed county prisoners; to provide for repair of vehicles; to change the method of applying for emergency funds; to provide for an effective date; to repeal all conflicting laws, and for other purposes. This 23rd day of December, 1968. /s/ Robert G. Peters State Representative of Catoosa County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert G. Peters who, on oath, deposes and says that he is Representative from the 2nd District, and that the attached copy of notice of intention to introduce local legislation was published in The Catoosa County News which is the official organ of Catoosa County, on the following dates: December 26, 1968 and January 2, 9, 1969. /s/ Robert G. Peters Representative, 2nd District Sworn to and subscribed before me, this 10th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 10, 1969.

Page 2193

CATOOSA COUNTYCOMPENSATION OF COUNTY COMMISSIONER, ETC. No. 85 (House Bill No. 302). An Act to amend an Act creating the office of commissioner of roads and revenues for the County of Catoosa (now the commissioner of Catoosa County), approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2335), so as to change the compensation of the said commissioner and the clerical assistant thereof; 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 roads and revenues for the County of Catoosa (now the commissioner of Catoosa County), approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2335), is hereby amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9 which shall read as follows: Section 9. The commissioner of Catoosa County shall be paid an annual salary of $10,000, which shall be paid in equal monthly installments from the funds of Catoosa County. The commissioner shall also be paid the sum of $1,500 per year for traveling expenses outside and inside the county for official county business; if the commissioner uses his own personal automobile. The traveling expense shall be paid in equal monthly installments from funds of Catoosa County. The commissioner may employ clerical assistance not to exceed $6,000 per annum to be paid from funds of Catoosa County. The commissioner shall keep his office at the courthouse open from 9:00 a.m. to 5:00 p.m. each day Monday through Friday, except holidays, and from 9:00 a.m. until noon on Saturdays. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2194

Notice of Intention to Apply for Local Legislation. Notice is given that there will be introduced at the January, 1969 Session of the General Assembly of the State of Georgia a bill to amend an Act creating the office of the commissioner of roads and revenue of the County of Catoosa, approved February 23, 1943, (Ga. L. 1943, p. 858) and all acts amendatory thereof, so as to change the compensation of the commissioner of roads and revenue; to provide for the compensation of the clerical assistant of said commissioner's office; to provide for an effective date; to repeal all conflicting laws, and for other purposes. This 23rd day of December, 1968. /s/ Robert G. Peters State Representative of Catoosa County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert G. Peters who, on oath, deposes and says that he is Representative from the 2nd District, and that the attached copy of notice of intention to introduce local legislation was published in The Catoosa County News which is the official organ of Catoosa County, on the following dates: December 26, 1968 and January 2, 9, 1969. /s/ Robert G. Peters Representative, 2nd District Sworn to and subscribed before me, this 10th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 10, 1969.

Page 2195

BUTTS COUNTYBOARD OF COMMISSIONERS. No. 87 (House Bill No. 491). An Act to amend an Act creating a board of commissioners of Butts County, approved February 24, 1941 (Ga. L. 1941, p. 793), as amended, so as to authorize the board to designate one of its members to perform additional duties and to be compensated therefor; to authorize the board to employ a county attorney; to authorize the board to provide certain insurance coverage; to provide for the publication of quarterly statements showing the amount collected and expended on behalf of the county; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act creating a board of commissioners of Butts County, approved February 24, 1941 (Ga. L. 1941, p. 793), as amended, is hereby amended by adding a new section to be designated 6A to read as follows: Section 6A. The commissioners are hereby authorized to designate one of the members of the board to perform certain duties that are ordinarily performed by the board, relating to the supervision over county-wide services. The member of the board who is designated to perform the duties provided in this section, shall receive compensation for his services in addition to that provided in section 6. Said compensation shall be in an amount determined by a resolution of the other commissioners. Special duties. Section 2. Said Act is further amended by striking the last two sentences in section 7 and inserting in lieu thereof the following: Provided, however, that the power to employ or appoint officers and employees shall not include the power to employ a regular county physician. A physician or county physician shall be employed by the board only when needed

Page 2196

and shall be compensated for their services in accordance with the accounts rendered in a detailed statement and according to their contracts with the board with reference to each specific service rendered., County physician. so that when so amended section 7 shall read as follows: Section 7. The commissioners shall have exclusive jurisdiction and control over the following matters, to-wit: In directing and controlling all of the property of the county in the manner provided by law; in levying taxes according to law; in establishing, abolishing or changing election precincts or militia districts; in allowing the insolvent list of the county; in settling all claims and accounts of officers having the care, management or disbursement of funds belonging to, or appropriated for the use and benefit of the county and in bringing them to settlement; in providing for the poor of the county and for the promotion of health as provided by law; in electing or appointing all minor officers and employees of the county, whose election or appointment is not otherwise provided for by law, such as the superintendent of roads, janitor of the courthouse, etc.; in making such rules and regulations as to duties, hours and standards of service to be performed by such officers and employees and in fixing the compensation thereof; and generally to have and exercise all the powers heretofore vested in the ordinary of said county when sitting for county purposes; and to exercise such other powers as are granted by law or as may be indispensable or incidental to their jurisdiction over county matters or county finances. Provided, however, that the power to employ or appoint officers and employees shall not include the power to employ a regular county physician. A physician or county physician shall be employed by the board only when needed and shall be compensated for their services in accordance with the accounts rendered in a detailed statement and according to their contracts with the board with reference to each specific service rendered. Section 3. Said Act is further amended by adding a new section to be designated as section 7A to read as follows:

Page 2197

Section 7A. The board shall have authority to employ a competent attorney at law to advise the board and to represent the county in any litigation which may arise in which said county is a party. Said attorney shall be designated as the county attorney. Whenever it is deemed necessary, the board may employ additional counsel to assist the county attorney and may also compensate the county attorney in additional amounts for litigation in which the county is involved. County attorney. Section 4. Said Act is further amended by adding a new section to be designated as section 7B to read as follows: Section 7B. The board shall have the authority to expend general funds of Butts County for the purpose of providing insurance and hospitalization benefits for its officers and employees. Insurance for employees. Section 5. Said Act is further amended by striking section 14 in its entirety and inserting in lieu thereof a new section 14 to read as follows: Section 14. The board shall have published each quarter of the year in the official county organ, not later than sixty (60) days after the end of said quarter an itemized statement of the receipts and disbursements, giving the number and amount of voucher or check, the payee named therein, and the purpose for which given. Failure by the board, or any member thereof, to perform this duty shall constitute a ground for declaring a vacancy or vacancies in the office of the member or members responsible for such omission or failure, and when the facts thereof and the responsibility therefor has been established by sworn affidavits before the ordinary of the county, it shall be the duty of said ordinary to declare a vacancy or vacancies and to call a special election for the filling of the same. Statement of receipts and disbursements. Section 6. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. Effective date.

Page 2198

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969 Session of the General Assembly of Georgia, a bill to amend an Act creating a board of commissioners for Butts County, so as to authorize said board to employ a county attorney; to provide for the publication of quarterly statements showing the amount collected and expended on behalf of Butts County; to provide additional duties for one of the commissioners, and to provide compensation therefor; and for other purposes. This 6th day of January, 1969. Harold G. Clarke Representative, 33rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold G. Clarke who, on oath, deposes and says that he is Representative from the 33rd District, and that the attached copy of notice of intention to introduce local legislation was published in the Jackson Progress-Argus which is the official organ of Butts County, on the following dates: January 9, 16, 23, 1969. /s/ Harold G. Clarke Representative, 33rd District Sworn to and subscribed before me, this 17th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 11, 1969.

Page 2199

HABERSHAM COUNTYCOMPENSATION OF TAX COMMISSIONER, ETC. No. 90 (House Bill No. 110). An Act to amend an Act consolidating the offices of tax receiver and tax collector into the office of tax commissioner of Habersham County, approved February 5, 1952 (Ga. L. 1952, p. 2045), as amended, particularly by an Act approved April 12, 1963 (Ga. L. 1963, p. 3603), so as to change the salary of said tax commissioner and to change the method for determining his salary; to provide for employees, their compensation and necessary office expenses; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the office of tax receiver and tax collector into the office of tax commissioner of Habersham County, approved February 5, 1952 (Ga. L. 1952, p. 2045), as amended, particularly by an Act approved April 12, 1963 (Ga. L. 1963, p. 3603), is hereby amended by striking section 3 in its entirety and by substituting in lieu thereof a new section 3, to read as follows: Section 3. The salary of said tax commissioner shall be determined by the commissioners of roads and revenue of Habersham County, but the said salary shall not be less than $8,000.00 per annum nor more than $12,000.00 per annum, payable in equal monthly installments from the funds of Habersham County. Notwithstanding the above provisions to the contrary, any person who has served at least four years as tax commissioner of Habersham County shall receive a salary of not less than $9,000 per annum, and any such tax commissioner who serves at least eight years shall receive a salary of not less than $10,000 per annum. The salary of said tax commissioner, once it is set, shall not be decreased during any particular term of office of said tax commissioner. The tax commissioner is authorized to appoint and employ a deputy tax commissioner and said deputy shall receive a salary of not less

Page 2200

than $3,600 per annum to be fixed by the governing authority of Habersham County. If any person shall be appointed by the tax commissioner to serve as the deputy tax commissioner, who has been employed within the tax commissioner's office for at least three years, such deputy tax commissioner's compensation shall be at least $4,800 per annum. The tax commissioner is authorized to employ such additional personnel as may be necessary to operate the office of tax commissioner. The number of such employees and their compensation shall be subject to approval of the governing authority of the county and shall be paid in equal monthly installments from the funds of Habersham County. Salary, deputy, etc. The necessary operating expenses of the tax commissioner's office shall be paid from funds of the county. All supplies, materials, furnishings, furniture, utilities and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of such office shall be furnished by the county and shall be paid from funds of the county. The determination of such requirements shall be subject to approval of the governing authority of Habersham County. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to abolish the present mode of compensating the tax commissioner of Habersham County, known as the fee system; to provide in lieu thereof an annual salary for the tax commissioner; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs and emoluments; to provide for periodic

Page 2201

statements; to provide for operating expenses of said office; to provide for the employment of personnel; to provide for compensation of such personnel; to repeal conflicting laws; and for other purposes. This 23 day of December, 1968. Jack N. Gunter Representative, 6th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack N. Gunter who, on oath, deposes and says that he is Representative from the 6th District, and that the attached copy of notice of intention to introduce local legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following dates: December 26, 1968 and January 2, 9, 1969. /s/ Jack N. Gunter Representative, 6th District Sworn to and subscribed before me, this 15th day of January, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 14, 1969. CITY COURT OF SOPERTONNAME CHANGED TO STATE COURT OF TREUTLEN, ETC. No. 94 (House Bill No. 369). An Act to amend an Act establishing the City Court of Soperton, approved August 18, 1919 (Ga. L. 1919, p. 519), as amended, so as to change the name of said court;

Page 2202

to change the salary of the judge and solicitor; to provide the judge and solicitor may succeed themselves; to change the qualifications of the solicitor; to provide for practice and procedure; to eliminate the monthly term of court; to eliminate the minimum amount involved in a civil case which is filed in the quarterly term; to provide for collecting fines; to repeal a specific law; 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 establishing the City Court of Soperton, approved August 18, 1919 (Ga. L. 1919, p. 519), as amended, is hereby amended by striking therefrom, wherever the same shall appear, the words City Court of Soperton and substituting in lieu thereof the words State Court of Treutlen. Name changed. Section 2. The change in the name of said court accomplished by the provisions of section 1 of this Act is not intended to have any effect whatsoever upon the constitutional status, jurisdiction, personnel, practice and procedure and other related matters of said court, and in regard to such matters section 1 shall have no effect whatsoever. Section 1 is intended solely to effect a change in the name of said court so that henceforth, said court shall be known as the State Court of Treutlen. Intent. Section 3. The salary of the judge of said court shall be $3600 per annum and the salary of the solicitor of said court shall be $2400 per annum. Said sums shall be in lieu of those provided in an Act approved February 17, 1949 (Ga. L. 1949, p. 890). The judge and solicitor may succeed themselves in office. No person is disqualified from serving as solicitor of said court because he holds another county office. Salaries of judges and solicitor. etc. Section 4. Said Act is further amended by striking section 11 in its entirety and inserting in lieu thereof a new section 11, to read as follows:

Page 2203

Section 11. In all matters pertaining to service, summons, contempt, pleading, practice and procedure, the laws and rules governing the same in superior courts (as they now exist or may hereafter exist) shall govern the State Court of Treutlen. Rules of practice. Section 5. Said Act is further amended by striking section 12 in its entirety and inserting in lieu thereof a new section 12, to read as follows: Section 12. There shall be quarterly terms of said court, to be held on the second Monday in January, April, July and October. Such terms shall continue in session for a length of time, in the discretion of the judge, as may be necessary to dispatch the business of said court. Terms. Section 6. Said Act is further amended by striking sections 13 and 14 in their entirety. Section 7. Said Act is further amended by striking section 27 in its entirety and inserting in lieu thereof a new section 27, to read as follows: Section 27. All fines and forfeitures in said court shall be collected by the sheriff of Treutlen County or some other person designated by the judge of said court, notwithstanding the provisions of section 8 of said Act. In the event a person other than the sheriff is designated to collect said fines and forfeitures, such person shall receive the same remuneration for such service as provided for the sheriff in section 8 of said Act. Said fines and forfeitures shall be paid over to the treasurer and shall go into the general funds of Treutlen County. Fines, etc. Section 8. An Act providing for the compensation of the judge and solicitor of the City Court of Soperton, approved March 21, 1958 (Ga. L. 1958, p. 2748), is hereby repealed in its entirety. 1958 act repealed. Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Page 2204

Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969 Session of the General Assembly of Georgia, a bill to amend the Act creating the City Court of Soperton, so as to change the name of said court; to change the salary of the judge and solicitor; to provide that the judge and solicitor may succeed themselves; to provide for collecting fines; to provide for civil and criminal procedure; to change the fees of the clerk; to eliminate the monthly term; to change the subject matter jurisdiction; to change the qualifications of the solicitor; and for other purposes. This 31st day of December, 1968. L. L. Phillips, Representative, 50th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Phillips who, on oath, deposes and says that he is Representative from the 50th District, and that the attached copy of notice of intention to introduce local legislation was published in The Soperton News which is the official organ of Treutlen County, on the following dates: January 2, 9, 16, 1969. /s/ L. L. Phillips Representative, 50th District Sworn to and subscribed before me, this 5th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 14, 1969.

Page 2205

CITY OF MOUNT VERNONCHARTER AMENDED. No. 95 (House Bill No. 370). An Act to amend an Act creating a new charter for the City of Mount Vernon, Montgomery County, approved August 18, 1919 (Ga. L. 1919, p. 1118), as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2241), so as to change the term of office of the mayor and councilmen; to provide for staggered terms of office for the councilmen; to provide for filling the office of mayor when a vacancy occurs during a normal term of office; to provide that no councilman shall be eligible to run for mayor unless he resigns as a councilman; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Mount Vernon, Montgomery County, approved August 18, 1919 (Ga. L. 1919, p. 1118), as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2241), is hereby amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. (a) Be it further enacted by the authority aforesaid, at the election held in the city on the second Tuesday in December in 1969, the mayor and council shall be elected. The three candidates for councilmen receiving the highest number of votes and the mayor shall be elected for a term of two years. They shall take office on January 1, 1970, and shall serve through December 31, 1971, and until their successors are elected and qualified. Thereafter, successors to the mayor and councilmen provided above shall be elected at the city election which is conducted in that year in which their respective terms of office shall expire, and they shall take office on January 1 following their election and shall serve for a term of two years and until their successors are duly elected and qualified. The three candidates for councilmen receiving the next highest

Page 2206

number of votes shall be elected for a term of one year. They shall take office on January 1, 1970, and shall serve through December 31, 1970, and until their successors are elected and qualified. Thereafter, successors to the councilmen provided above shall be elected at the city election which is conducted in that year in which their respective terms of office shall expire, and they shall take office on January 1 following their election and shall serve for a term of two years and until their successors are elected and qualified. Mayor and councilmen. (b) At the first regular meeting of the mayor and council after any election they shall qualify as such mayor and council and elect from their council a mayor pro tem., whose term of office shall be one year. In the event a vacancy occurs in the office of mayor by reason of a failure of any one or more refusing to qualify and act, when elected, or by resignation, removal from the city, death or otherwise, the mayor pro tem. shall serve until the next city election. At the time of such election, if there is a year or more remaining in the unexpired term, a mayor shall be elected to fill the unexpired term. At the time of such election, if there is less than a year remaining in the unexpired term, the mayor pro tem. shall continue to serve the remaining portion of said term. Mayor pro tem. (c) In the event a vacancy occurs in the office of a councilman by reason of a failure of any one or more refusing to qualify and act, when elected, or by resignation, removal from the city, death or otherwise, the vacancy may be filled by the remaining members of the council, provided there is still remaining on said council a sufficient number to form a quorum and provided further that should a majority of the qualified voters of said city desire that any vacancy or vacancies that may occur on said council be filled they may petition said council to order an election to fill the vacancy or vacancies, and in that event it shall be mandatory upon said council to order an election to fill said vacancy or vacancies. Notice of said election shall be given by posting the same at three or more public places in said city and the election shall be held and managed, returns made, results declared, in the same

Page 2207

manner as regular elections, as hereinafter provided. Should the office of mayor pro tem. become vacant for any cause after the mayor pro tem. has been selected, and before his term has expired, then said council shall elect another mayor pro tem. from among their number, in the same manner as regular selection of mayor pro tem. Vacancies. Section 2. Said Act is further amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6, to read as follows: Section 6. Be it further enacted by the authority aforesaid, that no person shall be eligible to the office of mayor or councilman who is not a citizen of said city and who shall not have resided in the State two years, in the town twelve months immediately preceding his election or appointment, and who is under twenty-one years of age, and a qualified voter under the laws of the State of Georgia. No person who is a member of the city council shall be eligible to be elected mayor or run for the office of mayor while a member of said council. Qualifications. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1969 Session of the General Assembly of Georgia, a bill to amend the charter of the City of Mount Vernon, Georgia, so as to change the term of office of the mayor and councilmen beginning in 1970; to provide for staggering terms of office for the councilmen; to provide that no councilman shall be eligible to run for mayor unless he resigns as councilman; to provide for filling the

Page 2208

office of mayor when a vacancy occurs during a normal term of office; and for other purposes. This 15 day of January, 1969. Honorable J. M. Fountain, Mayor Mount Vernon, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. (Pete) Phillips who, on oath, deposes and says that he is Representative from the 50th District, and that the attached copy of notice of intention to introduce local legislation was published in the Montgomery Monitor which is the official organ of Montgomery County, on the following dates: January 17, 24, 31, 1969. /s/ L. L. Pete Phillips Representative, 50th District Sworn to and subscribed before me, this 5th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 14, 1969. HABERSHAM COUNTYFIRE PROTECTION DISTRICTS. No. 97 (House Bill No. 450). An Act to authorize the governing authority of Habersham County to establish special fire protection districts

Page 2209

throughout the county and to levy taxes upon the taxable property therein for the purpose of constructing, obtaining and maintaining fire protection facilities therefor; to provide for an election or referendum by the qualified voters residing in any such district; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of Habersham County is hereby authorized to establish special fire protection districts throughout the county and to levy taxes upon the taxable property therein for the purpose of constructing, obtaining and maintaining fire protection facilities therefor. Section 2. The said authority, when it deems it to be in the best interests of the county, shall propose fire protection districts, and the qualified voters in each such district shall be afforded an opportunity to vote on the question as to whether or not they wish to have special fire protection and to pay taxes for the purpose of constructing, obtaining and maintaining fire protection facilities. A majority of the qualified voters voting in any such district election shall have to vote in favor of the proposal in order for the governing authority to be authorized to implement the authority granted in section 1 of this Act. Any election held pursuant to this Act shall be conducted in accordance with the requirements of Title 34 of the Code of Georgia. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill or the necessary bills to provide for a referendum or several referendums (as may be required) to authorize the districting of Habersham County into several fire districts, for the furnishing of fire protection in said districts,

Page 2210

for a method of financing said protection and apportioning the cost thereof among the said districts, to empower the governing authority of the county and the governing authorities of the several towns and cities to contract with each other and with others for the furnishing of said fire protection, to empower the governing authority to levy and collect taxes from the citizens of the several fire districts to pay for said protection, and to do all things necessary to provide and operate a comprehensive fire protection plan for the county. This 23 day of December, 1968. Jack N. Gunter Representative, 6th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Jack N. Gunter who, on oath, deposes and says that he is Representative from the 6th District, and that the attached copy of notice of intention to introduce local legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following dates: December 26th, 1968; January 2, 9, 1969. /s/ Jack N. Gunter Representative, 6th District Sworn to and subscribed before me, this 14 day of February, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved March 14, 1969.

Page 2211

CLINCH COUNTYTAX COLLECTOR AND TAX RECEIVER PLACED ON SALARY BASIS. No. 98 (House Bill No. 464). An Act to abolish the present method of compensating the tax collector and tax receiver of Clinch County, known as the fee system, and to provide in lieu thereof an annual salary for such officers; to provide that all fees, costs, commissions, or other emoluments of said officers shall become the property of the county; to provide for the collection of such fees, costs, commissions and emoluments and for periodic statements; to provide for all matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present method of compensating the tax collector and tax receiver of Clinch County, known as the fee system, is hereby abolished and in lieu thereof an annual salary for such officers is prescribed as hereinafter provided. Salary basis. Section 2. The tax collector shall receive an annual salary of $8,400.00 to be paid in equal monthly installments from the funds of Clinch County. Tax collector. Section 3. The tax receiver shall receive an annual salary of $7,200.00 to be paid in equal monthly installments from the funds of Clinch County. Tax receiver. Section 4. All fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by said officers shall be received, collected and held by them as public funds belonging to Clinch County. Once each month said officers shall turn over to the fiscal authority of said county all funds collected by them with a detailed itemized statement showing the sources from which funds were collected. It is specifically provided that the salary provided herein for the tax collector shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions

Page 2212

allowed by an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, and an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. Fees. Section 5. All fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, or other emoluments or perquisites of whatever kind which had accrued to the tax collector and tax receiver of Clinch County as of January 1, 1970, and to which said officers are entitled, and which remain uncollected as of January 1, 1970, shall be paid to said officers when collected. Fees due. Section 6. The tax collector and tax receiver shall have the authority to employ such deputies, clerks, assistants, and other personnel as they shall deem necessary to efficiently and effectively discharge the official duties of their office, but the compensation of any such personnel employed by said officers shall be paid by said officers from their respective salaries provided for in sections 2 and 3 of this Act. Deputies, etc. Section 7. All expenses incurred by the tax collector and tax receiver in operating and discharging the official duties of their office, except as herein provided, including but not limited to, office equipment, supplies, fixtures and utility expenses shall be paid by the county from county funds. Office expenses. Section 8. This Act shall become effective on January 1, 1970. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2213

Notice of Intention to Introduce Local Legislation. Notice is hereby given the public that local legislation will be introduced in the 1969 General Assembly of Georgia pertaining to Clinch County as follows: (1) Effective January 1, 1970, the office of tax collector shall be changed to a salary status of $8400.00 per year; (2) Effective January 1, 1970, the office of receiver of tax returns shall be changed to a salary status of $7200.00 per year; (3) The tax offices of Clinch County will pay for any clerical assistance rendered, from their respective salaries, effective Jan. 1, 1970; (4) The sheriff shall be authorized to employ a second full-time deputy sheriff; (5) The salaries of both deputy sheriffs shall be not less than $400.00 per month or more than $500.00 per month, said salaries to be fixed by the sheriff of Clinch County. The above proposed legislation is in compliance with recommendations of the October Term 1968 Clinch Superior Court grand jury. This 14th day of January, 1969. Frank Eldridge, Senator District 7 Ottis Sweat, Harry Dixon, Representatives Clinch County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ottis Sweat who, on oath, deposes and says that he is Representative from the 65th District, and that the attached copy of notice of intention to introduce local legislation was published in The Clinch County News which is the official organ of Clinch County, on the following dates: January 17, 24 and 31, 1969. /s/ Ottis Sweat Representative, 65th District

Page 2214

Sworn to and subscribed before me, this 14 day of February, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved March 14, 1969. CITY OF HOMERVILLEELECTIONS. No. 99 (House Bill No. 465). An Act to amend an Act providing a new charter for the City of Homerville, approved March 4, 1937 (Ga. L. 1937, p. 1921), as amended, so as to change the hours for holding elections; to change the provisions relating to the lawful voting age; 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 Homerville, approved March 4, 1937 (Ga. L. 1937, p. 1921), as amended, is hereby amended by striking from section 11 the following sentence: The polls shall be opened at 9:00 o'clock A.M. and be closed at 5:00 o'clock P.M., but said managers shall have the right to suspend the election one hour for dinner., and by adding a new section immediately following section 11 to be designated section 11A and to read as follows: Section 11A. The polls shall be open from 7:00 o'clock A.M. until 7:00 o'clock P.M. for all elections held pursuant to the provisions of this charter.

Page 2215

Section 2. Said Act is further amended by striking from the oath quoted in the first paragraph of section 14 the following: that you are twenty-one years of age and inserting in lieu thereof the following: that you are eighteen years of age, so that when so amended the oath quoted in the first paragraph of section 14 shall read as follows: Elector qualifications. You do solemnly swear that you are a citizen of the United States, that you have resided in the City of Homerville for six months next preceding this registration, or that by the date of the next election held in and for said city, if then a resident, you will have done so; that you are eighteen years of age, or will be so prior to said day of election; and that you have paid all taxes legally imposed and demanded by the authorities of said city, so help you God. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given of intent to introduce legislation amending the City Charter of Homerville, Georgia, in the 1969 session of the Georgia General Assembly, by changing the hours for holding elections from 9 A.M. to 5 P.M. to 7 A.M. to 7 P.M., and also, to amend the city charter by changing the lawful voting age from 21 years of age to 18 years of age. Frank Eldridge Harry Dixon Ottis Sweat

Page 2216

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ottis Sweat who, on oath, deposes and says that he is Representative from the 65th District, and that the attached copy of notice of intention to introduce local legislation was published in The Clinch County News which is the official organ of Clinch County, on the following dates: January 24 and 31 and February 7, 1969. /s/ Ottis Sweat Representative, 65th District Sworn to and subscribed before me, this 14 day of February, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved March 14, 1969. CLINCH COUNTYDEPUTY SHERIFFS. No. 100 (House Bill No. 466). An Act to amend an Act placing the sheriff of Clinch County on an annual salary in lieu of the fee system of compensation, approved March 30, 1965 (Ga. L. 1965, p. 2897), as amended by an Act approved April 4, 1967 (Ga. L. 1967, p. 2570), and by an Act approved March 27, 1968 (Ga. L. 1968, p. 2890), so as to authorize the sheriff to employ an additional deputy; to change the provisions relating to the compensation of the deputies; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 2217

Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Clinch County on an annual salary in lieu of the fee system of compensation, approved March 30, 1965 (Ga. L. 1965, p. 2897), as amended by an Act approved April 4, 1967 (Ga. L. 1967, p. 2570), and by an Act approved March 27, 1968 (Ga. L. 1968, p. 2890), is hereby amended by striking section 8 in its entirety and substituting in lieu thereof a new section 8 to read as follows: Section 8. The sheriff is hereby authorized to appoint two deputy sheriffs and one part-time deputy sheriff to assist him in the performance of his duties and such deputy sheriffs and part-time deputy sheriff shall serve at the pleasure of the sheriff. Each of the two deputy sheriffs shall receive an annual salary of not less than $4,800.00 nor more than $6,000.00 and the sheriff shall be authorized to fix the salary of each of said deputies within said limitations and when so fixed by the sheriff, said salaries shall be payable in equal monthly installments from the funds of Clinch County. The part-time deputy sheriff shall receive an annual salary in the amount of $900.00 which shall be payable in equal monthly installments from the funds of Clinch County. Deputy sheriffs. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given the public that local legislation will be introduced in the 1969 General Assembly of Georgia pertaining to Clinch County as follows: (1) Effective January 1, 1970, the office of tax collector shall be changed to a salary status of $8400.00 per year; (2) Effective January 1, 1970, the office of receiver of tax returns shall be changed to a salary status of $7200.00 per year; (3) The

Page 2218

tax offices of Clinch County will pay for any clerical assistance rendered, from their respective salaries, effective Jan. 1, 1970; (4) The sheriff shall be authorized to employ a second full-time deputy sheriff; (5) The salaries of both deputy sheriffs shall be not less than $400.00 per month or more than $500.00 per month, said salaries to be fixed by the sheriff of Clinch County. The above proposed legislation is in compliance with recommendations of the October Term 1968 Clinch Superior Court Grand Jury. This 14th day of January, 1969. Frank Eldridge, Senator District 7 Ottis Sweat, Harry Dixon, Representatives Clinch County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ottis Sweat who, on oath, deposes and says that he is Representative from the 65th District, and that the attached copy of notice of intention to introduce local legislation was published in The Clinch County News which is the official organ of Clinch County, on the following dates: January 17, 24 and 31, 1969. /s/ Ottis Sweat Representative, 65th District Sworn to and subscribed before me, this 14 day of February, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved March 14, 1969.

Page 2219

ROCKDALE COUNTYSALARY, ETC. OF TAX COMMISSIONER. No. 101 (House Bill No. 729). An Act to amend an Act creating the office of tax commissioner of Rockdale County, approved February 26, 1943 (Ga. L. 1943, p. 1106), as amended, particularly by an Act approved April 18, 1967 (Ga. L. 1967, p. 3149), so as to change the salary of the tax commissioner; to change the salary of one of his clerks; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of tax commissioner of Rockdale County, approved February 26, 1943 (Ga. L. 1943, p. 1106), as amended, particularly by an Act approved April 18, 1967 (Ga. L. 1967, p. 3149), is hereby amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. The tax commissioner of Rockdale County shall receive an annual salary of $10,800, payable in equal monthly installments from the funds of Rockdale County. The tax commissioner shall be authorized to appoint two clerks to assist him in the discharge of his official duties. Both of such clerks shall each receive annual salaries of $4,200, payable in equal monthly installments from the funds of Rockdale County. Section 2. This Act shall become effective March 15, 1969, or, if approved by the Governor at a later date, at that later date. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia,

Page 2220

a bill to change the compensation of the tax commissioner of Rockdale County; and for other purposes. This 27th day of January, 1969. C. R. Vaughn Jr. Post 1 Representative, 74th District Hugh Jordan Post 2 Representative, 74th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. R. Vaughn, Jr. who, on oath, deposes and says that he is Representative from the 74th District, and that the attached copy of notice of intention to introduce local legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following dates: January 30 and February 20, 27, 1969. /s/ C. R. Vaughn, Jr. Representative, 74th District Sworn to and subscribed before me, this 3rd day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 14, 1969.

Page 2221

RANDOLPH COUNTYSALARY, ETC. OF ORDINARY. No. 104 (House Bill No. 310). An Act to amend an Act placing the ordinary of Randolph County on a salary basis in lieu of a fee basis, approved March 24, 1965 (Ga. L. 1965, p. 2491), so as to change the compensation of the ordinary of Randolph County; to change the compensation of clerical help; to provide an effective date; to repeal conflicting laws; and for other purpsose. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the ordinary of Randolph County on a salary basis in lieu of a fee basis, approved March 24, 1965 (Ga. L. 1965, p. 2491), is hereby amended by striking from section 2 the words and figure six thousand six hundred dollars ($6,000.00) and inserting in lieu thereof the figure $8,000.00, so that when so amended section 2 shall read as follows: Section 2. The ordinary of Randolph County shall receive a salary of $8,000.00 per annum, payable in equal monthly installments out of the funds of the county. Salary. Section 2. Said Act is further amended by striking from section 3 the words and figures one thousand two hundred dollars ($1,200.00) and inserting in lieu thereof the figure $1,500.00, so that when so amended section 3 shall read as follows: Section 3. The ordinary may appoint such clerical help as he deems necessary. However, not more than $1,500.00 per annum shall be expended for the compensation of all such employees. Clerical help. Section 3. The provisions of this Act shall become effective on the first day of the first month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date.

Page 2222

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1969 session of the General Assembly of Georgia a bill to change the compensation of the ordinary of Randolph County, Georgia; to change the compensation that may be expended for clerical help for the ordinary of Randolph County, Georgia; and for other purposes. This 14th day of January, 1969. J. T. Dailey Representative 53rd Representative District Georgia, Randolph County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. Taylor Harris, who on oath, deposes, certifies and says that he is the publisher of The Cuthbert Times, the newspaper in which sheriff's advertisements for Randolph County are published, and that the attached copy of notice of intention to introduce local legislation was published in said newspaper on the following dates: January 16, 1969, January 23, 1969 and February 6, 1969. /s/ R. Taylor Harris Sworn to and subscribed before me, this 8th day of February, 1969. /s/ A. Delbert Bowen, Notary Public, Randolph County, Georgia. Commission expires December 20, 1969. (Seal). Approved March 18, 1969.

Page 2223

RANDOLPH COUNTYSHERIFF'S SALARY, ETC. No. 105 (House Bill No. 311). An Act to amend an Act abolishing the mode of compensating the sheriff of Randolph County, known as the fee system, and providing in lieu thereof an annual salary, approved March 30, 1965 (Ga. L. 1965, p. 2903), as amended, by an Act approved February 28, 1966 (Ga. L. 1966, p. 2333), so as to change the compensation of the sheriff and deputy sheriff of Randolph County; to repeal conflicting laws; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the mode of compensating the sheriff of Randolph County, known as the fee system, and providing in lieu thereof an annual salary, approved March 30, 1965 (Ga. L. 1965, p. 2903), as amended, by an Act approved February 28, 1966 (Ga. L. 1966, p. 2333), is hereby amended by striking from section 2 the figure $7,800 and inserting in lieu thereof the figure $8,000.00, so that when so amended section 2 shall read as follows: Section 2. The sheriff shall receive an annual salary in the amount of $8,000.00 payable in equal monthly installments from the funds of Randolph County. Salary. Section 2. Said Act is further amended by striking from section 8 the figure $3,600.00 and inserting in lieu thereof the figure $4,200.00, so that when so amended section 8 shall read as follows: Section 8. The sheriff is hereby authorized to appoint one deputy sheriff to assist him in the performance of his duties who shall serve at the pleasure of the sheriff. Said deputy shall receive a salary of $4,200.00 per annum payable in equal monthly installments from the funds of Randolph County. Deputy sheriff. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved

Page 2224

by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1969 session of the General Assembly of Georgia a bill to change the compensation of the sheriff and deputy sheriff of Randolph County, Georgia; and for other purposes. This 14th day of January, 1969. J. T. Dailey Representative 53rd Representative District Georgia, Randolph County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. Taylor Harris, who on oath, deposes, certifies and says that he is the publisher of The Cuthbert Times, the newspaper in which sheriff's advertisements for Randolph County are published, and that the attached copy of notice of intention to introduce local legislation was published in said newspaper on the following dates: January 16, 1969, January 23, 1969 and January 30, 1969. /s/ R. Taylor Harris Sworn to and subscribed before me, this 8th day of February, 1969. /s/ A. Delbert Bowen, Notary Public, Randolph County, Georgia. Commission expires December 20, 1969. (Seal). Approved March 18, 1969.

Page 2225

MERIWETHER COUNTYSALARIES OF SHERIFF, CLERK OF SUPERIOR COURT AND ORDINARY. No. 106 (House Bill No. 439). An Act to amend an Act placing the sheriff, the clerk of the superior court, the ordinary and the coroner of Meriwether County on a salary basis in lieu of the fee system of compensation approved April 5, 1961 (Ga. L. 1961, p. 3456), as amended by an Act approved March 1, 1968 (Ga. L. 1968, p. 2104), so as to change the compensation of the sheriff, the clerk of the superior court and the ordinary of Meriwether County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff, the clerk of the superior court, the ordinary and the coroner of Meriwether County on a salary basis in lieu of the fee system of compensation approved April 5, 1961 (Ga. L. 1961, p. 3456), as amended by an Act approved March 1, 1968 (Ga. L. 1968, p. 2104), is hereby amended by striking from section 2 the words, symbols and figures ten thousand five hundred ($10,500) and inserting in lieu thereof the words, symbols and figures eleven thousand five hundred ($11,500), so that section 2 when so amended shall read as follows: Section 2. The sheriff shall be compensated in the amount of eleven thousand five hundred ($11,500) dollars per annum to be paid in equal monthly installments from the funds of Meriwether County. He shall be furnished a fully equipped motor vehicle to use in the performance of his official duties; said sheriff shall have the authority to appoint a deputy sheriff, and his compensation shall be determined by the board of commissioners of Meriwether County, payable from funds of Meriwether County, but not to exceed five hundred ($500) dollars per month. The county shall furnish the deputy sheriff with a fully equipped motor vehicle to use in the performance of his official duties. All gasoline, oil, and other related maintenance expenses for both the sheriff's vehicle and the deputy sheriff's

Page 2226

vehicle shall be borne by the county. In addition, the sheriff may employ or receive three hundred ($300) dollars per month for a jailor or turnkey. The expenses for boarding prisoners shall be paid for out of county funds. Provided further, the sheriff may employ additional deputies when necessary, said employment and compensation of the same to be as approved and determined by the board of county commissioners, but not to exceed five hundred ($500) dollars per month each payable from the funds of Meriwether County. Sheriff's salary. Section 2. Said Act is further amended by striking from section 3 the words, symbols and figures seven thousand five hundred ($7,500) and inserting in lieu thereof the words, symbols and figures eight thousand eight hundred ($8,800), so that section 3 when so amended shall read as follows: Section 3. The clerk of the superior court of Meriwether County shall be compensated in the amount of eight thousand eight hundred ($8,800) dollars per annum, to be paid in equal monthly installments from the funds of Meriwether County. The clerk is hereby authorized to appoint a deputy sheriff whose compensation shall be determined by the board of commissioners of Meriwether County, payable in equal monthly installments from the funds of Meriwether County, but not to exceed four thousand two hundred ($4,200) dollars per annum. The clerk may employ such other clerks or secretarial help as he deems necessary, said employment and compensation of each to be as approved and determined by the board of commissioners of Meriwether County, but not to exceed three thousand six hundred ($3,600) dollars per annum each, to be paid in equal monthly installments from the funds of Meriwether County. Salary of clerk of superior court. Section 3. Said Act is further amended by striking from section 4 the words, symbols and figures seven thousand five hundred ($7,500) and inserting in lieu thereof the words, symbols and figures eight thousand five hundred ($8,500), so that section 4 when so amended shall read as follows:

Page 2227

Section 4. The ordinary of Meriwether County shall be compensated in the amount of eight thousand five hundred ($8,500) dollars per annum to be paid in equal monthly installments from the funds of Meriwether County. The ordinary may employ a clerk whose compensation shall be determined by the board of commissioners of Meriwether County, payable in equal monthly installments from funds of Meriwether County, but not to exceed three thousand six hundred ($3,600) dollars per annum. Salary of ordinary. Section 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1969 Session of the General Assembly of Georgia a bill to amend an Act placing the compensation of the sheriff, the clerk of the superior court, the ordinary and the coroner of Meriwether County on a salary basis in lieu of a fee basis, approved April 5, 1961, (Ga. L. 1961, p. 3456), as amended, so as to change the compensation of the sheriff, the clerk of the superior court and the ordinary of Meriwether County; to provide an effective date; to repeal conflicting laws; and for other purposes. This 10th day of January, 1969. Render Hill Senator-Elect Claude A. Bray, Jr. Representative-Elect, 31st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Claude A. Bray,

Page 2228

Jr. who, on oath, deposes and says that he is Representative from the 31st District, and that the attached copy of notice of intention to introduce local legislation was published in The Meriwether Vindicator which is the official organ of Meriwether County, on the following dates: January 16, 23, 30, 1969. /s/ Claude A. Bray, Jr. Representative, 31st District Sworn to and subscribed before me, this 12th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 18, 1969. COBB COUNTY CIVIL SERVICE SYSTEM ACT AMENDED. No. 107 (House Bill No. 530). An Act to amend an Act known as the Cobb County Civil Service System Act, approved March 10, 1964 (Ga. L. 1964, p. 2502), so as to provide that the governing authority of Cobb County may, by resolution, place certain department heads under the Civil Service System and under certain conditions remove department heads from the provisions of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Cobb County Civil Service System Act, approved March 10, 1964 (Ga. L. 1964, p. 2502), is hereby amended by adding a new subsection

Page 2229

to section 2 to be designated as subsection (b) to read as follows: (b) Notwithstanding any other provisions of this Act to the contrary, the governing authority of Cobb County may, by resolution, place the Water and Sewer Department Head under the terms of this Act and when such department head is placed under this Act he shall be subject to all benefits, rules and regulations of the Civil Service System and the department head cannot be removed from said System except by a resolution of the governing authority with the consent of the affected department head or by a resolution of the governing authority after a vacancy occurs in the affected department. Department heads. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Introduce Legislation. Public notice is hereby given of the intention to introduce local legislation in the 1969 session of the General Assembly of the State of Georgia regarding the amendment of the Civil Service Act of Cobb County, more particularly cited as 1964 Georgia Laws, page 2502, et seq., and for other purposes. This 15th day of January, 1969. Cyrus M. Chapman Sam Hensley Senators George H. Kreeger Eugene Housley Joe Mack Wilson A. L. Burruss Howard Atherton Jack Henderson Hugh Lee McDaniell Representatives

Page 2230

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable George H. Kreeger who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of notice of intention to introduce local legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 17th, 24th, 31st, 1969. /s/ George H. Kreeger Representative, 117th District Sworn to and subscribed before me, this 12th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 18, 1969. CITY OF METTERCORPORATE LIMITS, REFERENDUM. No. 110 (House Bill No. 371). An Act to amend an Act providing a new charter for the City of Metter, approved August 16, 1920 (Ga. L. 1920, p. 1278), as amended, so as to change the corporate limits of said city; to provide for a referendum; 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 Metter, approved August 16, 1920 (Ga. L. 1920, p. 1278), as amended, is hereby amended by striking in its entirety

Page 2231

section 2 and substituting in lieu thereof a new section 2 to read as follows: Section 2. Be it further enacted that the corporate limits of said municipality shall extend for a distance of one and one-half (1) miles in every direction from the center of a concrete marker which is located where a line extending eighty (80) feet eastward from the eastern margin of Rountree Street intersects a line extending southward from the northern margin of Broad Street at the one-hundred twenty (120) foot mark thereof. Corporate limits. Section 2. Not less than 15 nor more than 30 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Mayor of the City of Metter to issue the call for an election for the purpose of submitting this Act to the electors of the City of Metter and those electors of the County of Candler residing within that portion of Candler County to be included within the corporate limits of the City of Metter by the provisions of this Act for approval or rejection. The Mayor shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The Mayor shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Candler County. The ballot shall have written or printed thereon the words: For approval of the Act extending the corporate limits of the City of Metter. Referendum. Against approval of the Act extending the corporate limits of the City of Metter. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of

Page 2232

Metter. Such election shall be held under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the election superintendent of said city to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that legislation will be proposed in the 1969 Regular Session of the General Assembly of Georgia to amend the charter of the City of Metter so as to extend the present corporate limits of the city, and for other purposes. This 10th day of December, 1968. D. V. Thompson Mayor, City of Metter Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hines Brantley who, on oath, deposes and says that he is Representative from the 52nd District, and that the attached copy of notice of intention to introduce local legislation was published in The Metter Advertiser which is the official organ of Candler County, on the the following dates: January 23, 30, 1969 and February 6, 1969. /s/ Hines L. Brantley Representative, 52nd District Sworn to and subscribed before me, this 10th day of February, 1969.

Page 2233

/s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 19, 1969. CANDLER COUNTYCLERK OF BOARD OF COMMISSIONERS. No. 111 (House Bill No. 675). An Act to amend an Act creating a board of commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, particularly by an Act approved April 12, 1963 (Ga. L. 1963, p. 3411), so as to change the compensation of the clerk of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, particularly by an Act approved April 12, 1963 (Ga. L. 1963, p. 3411), is hereby amended by striking from section 7 the following: $250.00 and substituting in lieu thereof: $300.00, so that when so amended section 7 shall read as follows: Section 7. Be it further enacted by the authority aforesaid that said board of commissioners shall be authorized to elect a clerk of said board, whose duty it shall be to keep in permanent form a complete record of the official

Page 2234

acts of said board, including the receipt and disbursement of all county funds, to perform generally the duties of a secretary to said board and to perform such other duties as may be required of him by said board. Said clerk shall receive for his services such compensation as may be fixed by said board, but not to be less than $150.00 nor more than $300.00 per month, and shall give such bond with good security for the faithful performance of his duties as such clerk as may be required by said board. The compensation as set out in this section shall be fixed each year by the members of said board. Salary. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Candler County. Notice is hereby given that there will be introduced at the 1969 session of the General Assembly of Georgia, a bill providing authority for change in the compensation to be paid to the clerk of the board of roads and revenue commissioners; and for other purposes. /s/ Hardwick Lanier, Chairman, Board of Roads and Revenue Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hines L. Brantley who, on oath, deposes and says that he is Representative from the 52nd District, and that the attached copy of notice of intention to introduce local legislation was published in The Metter Advertiser which is the official organ of Candler County, on the following dates: February 6, 13, 20, 1969.

Page 2235

/s/ Hines L. Brantley Representative, 52nd District Sworn to and subscribed before me, this 27th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 19, 1969. CANDLER COUNTYSALARY OF ORDINARY. No. 112 (House Bill No. 676). An Act to amend an Act providing a supplemental salary for the ordinary of Candler County, approved March 10, 1959 (Ga. L. 1959, p. 2842), so as to increase the supplemental salary of the ordinary; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a supplemental salary for the ordinary of Candler County, approved March 10, 1959 (Ga. L. 1959, p. 2842), is hereby amended by striking from section 1 the following: six hundred ($600.00) and substituting in lieu thereof: twelve hundred ($1200.00) so that when so amended section 1 shall read as follows: Section 1. The ordinary of Candler County shall receive a supplemental salary of twelve hundred ($1200.00)

Page 2236

dollars per annum, to be paid in equal monthly installments from the funds of Candler County. Said sum shall be in addition to all fees and other compensation which the ordinary now receives. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Candler County. Notice is hereby given that there will be introduced at the 1969 session of the General Assembly of Georgia, a bill providing for a change in the supplement of ordinary of Candler County; and for other purposes. This 2nd day of February, 1969. /s/ Hardwick Lanier, Chairman, Board of Roads and Revenue Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hines L. Brantley who, on oath, deposes and says that he is Representative from the 52nd District, and that the attached copy of notice of intention to introduce local legislation was published in The Matter Advertiser which is the official organ of Candler County, on the following dates: February 6, 13, 20, 1969. /s/ Hines L. Brantley Representative, 52nd District

Page 2237

Sworn to and subscribed before me, this 27th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 19, 1969. CITY OF STATHAMEXCHANGE OF LAND AUTHORIZED. No. 114 (House Bill No. 340). An Act to amend an Act providing a new charter for the City of Statham, Georgia, approved April 21, 1967 (Ga. L. 1967, p. 3326), so as to authorize the proper officials of the City of Statham to vacate and convey specifically described piece of real property on Fourth Street in exchange for certain specifically described property, in order to extend Railroad Street; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a new charter for the City of Statham, Georgia, approved April 21, 1967 (Ga. L. 1967, p. 3326), is hereby amended by adding in section 1.04 a new subsection, to be designated as subsection (Y), and which shall read as follows: (Y) to vacate and convey, by sale or exchange, all that property which is described as follows: `All that tract or parcel of land lying and being in the City of Statham, 1742nd Militia District, G. M., County of Barrow, and more particularly described as follows: Beginning at the northwestern intersection of the right-of-way of Railroad Street (formerly Third Avenue) and

Page 2238

the right-of-way of Fourth Street (formerly Chase Street) and running thence along the western right-of-way of said Fourth Street north 34 degrees 45 minutes east 150 feet to a point; thence south 55 degrees 41 minutes east 100 feet to an iron pin; thence south 34 degrees 45 minutes west 150 feet to a point; thence north 55 degrees 41 minutes west 100 feet to the point of beginning.', in exchange for all that property which is described as follows: `All that tract or parcel of land lying and being in the City of Statham, 1742nd Militia District G. M., Barrow County, Georgia, and more particularly described as follows: Beginning at a point located south 55 degrees 41 minutes east 100 feet from the northwestern intersection of the right-of-way of Railroad Street and Fourth Street and from said point of beginning running thence south 34 degrees 45 minutes west 74 feet to a point; thence south 55 degrees 41 minutes east 68 feet to a point; thence north 34 degrees 45 minutes east 24 feet to a point; thence south 55 degrees 41 minutes east 82 feet to a point; thence south 34 degrees 45 minutes west 8 feet to a point; thence south 55 degrees 41 minutes east 25 feet to a point; thence north 34 degrees 45 minutes east 8 feet to a point; thence south 55 degrees 41 minutes east 7 feet to an iron pin on the existing northern right-of-way of Railroad Street; thence north 34 degrees 45 minutes east 50 feet to a point; thence north 55 degrees 41 minutes west 180 feet to the point of beginning.' Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1969 Session of the General Assembly of Georgia,

Page 2239

a bill and legislation to authorize the City of Statham to vacate an area of Fourth Street measuring 100 by 150 by 100 by 155 feet in exchange for so much land as is necessary to extend Railroad Street easterly from Fourth Street and parallel to Seaboard Air Line Railroad right-of-way, a uniform width of 100 feet for a distance of 180 feet by sale or exchange; and for other purposes. This 20th day of December, 1968. Carl J. Hale, Mayor Edmond Baker, Councilman Ralph Bentley, Councilman Ralph Dunahoo, Councilman George W. Irwin, Councilman Carroll Watkins, Councilman Georgia, Barrow County. Personally appeared before me, a notary public in and for the State and county, Harry O. Smith, who on oath certifies and says that he is the publisher of The Winder News, the newspaper published in the City of Winder, Barrow County, Georgia, in which the sheriff's advertisements for said County of Barrow are published; and that the foregoing and attached notice was duly published in said paper once a week for three (3) weeks, to-wit: January 1, 1969, January 8, 1969 and January 15, 1969. /s/ Harry O. Smith Sworn to and subscribed before me, this 5th day of February, 1969. /s/ Bessie G. Stell, Notary Public, State of Georgia. My Commission expires 5-22-71. (Seal). Approved March 20, 1969.

Page 2240

CITY OF STATHAMCORPORATE POWERS. No. 115 (House Bill No. 341). An Act to amend an Act providing a new charter for the City of Statham, Georgia, approved April 21, 1967 (Ga. L. 1967, p. 3326), so as to provide that the corporate powers of the city, to be exercised by the city council, shall include the power to vacate and relocate public ways and streets by ordinance or resolution; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a new charter for the City of Statham, Georgia, approved April 21, 1967 (Ga. L. 1967, p. 3326), is hereby amended by adding in section 1.04 a new subsection, to be designated as subsection (X), and which shall read as follows: (X) to relocate public ways and streets by ordinance or resolution. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1969 Session of the General Assembly of Georgia, a bill to amend the charter of the City of Statham, authorizing the City of Statham acting through its governing body to vacate and relocate public ways and streets by ordinance or resolution; and for other purposes.

Page 2241

This 20th day of December, 1968. Carl J. Hale, Mayor Edmond Baker, Councilman Ralph Bentley, Councilman Ralph Dunahoo, Councilman George W. Irwin, Councilman Carroll Watkins, Councilman Georgia, Barrow County. Personally appeared before me, a notary public in and for the State and county, Harry O. Smith, who on oath certifies and says that he is the publisher of The Winder News, the newspaper published in the City of Winder, Barrow County, Georgia, in which the sheriff's advertisements for said County of Barrow are published; and that the foregoing and attached notice was duly published in said paper once a week for three (3) weeks, to-wit: January 1, 1969, January 8, 1969 and January 15, 1969. /s/ Harry O. Smith Sworn to and subscribed before me, this 5th day of February, 1969. /s/ Bessie G. Stell, Notary Public, State of Georgia. My Commission expires 5-22-71. (Seal). Approved March 20, 1969. EVANS COUNTYCOMPENSATION OF ORDINARY. No. 116 (Senate Bill No. 117). An Act to amend an Act authorizing Evans County to pay the ordinary of said county a monthly allowance in addition to fees and compensation now allowed by law, approved

Page 2242

February 27, 1947 (Ga. L. 1947, p. 208), as amended by an Act approved February 14, 1958 (Ga. L. 1958, p. 2039), and by an Act approved April 9, 1963 (Ga. L. 1963, p. 3183), so as to change the amount of said monthly allowance; 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 authorizing Evans County to pay the ordinary of said county a monthly allowance in addition to fees and compensation now allowed by law, approved February 27, 1947 (Ga. L. 1947, p. 208), as amended by an Act approved February 14, 1958 (Ga. L. 1958, p. 2039), and by an Act approved April 9, 1963 (Ga. L. 1963, p. 3183), is hereby amended by striking from section 1 the figure $125.00 and inserting in lieu thereof the figure $200.00 so that when so amended, section 1 shall read as follows: Section 1. In addition to all other fees and compensation now allowed and authorized by law, the proper authorities of the County of Evans, State of Georgia, having charge of the fiscal affairs of said county are hereby authorized, empowered and directed to pay an allowance and supplement in the sum of $200.00 monthly to the ordinary of said county, said sum to be paid from the funds of Evans County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1969 Session of the General Assembly of Georgia

Page 2243

a Bill to increase the salary of the ordinary of Evans County, Georgia, and to amend conflicting laws. This 20th day of January, 1969. Joseph E. Kennedy Senator 4th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joseph E. Kennedy who, on oath, deposes and says that he is Senator from the 4th District, and that the attached copy of notice of intention to introduce local legislation was published in The Claxton Enterprise which is the official organ of Evans County, on the following dates: January 23, 30 and February 6, 1969. /s/ Joseph E. Kennedy Senator, 4th District Sworn to and subscribed before me, this 11th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 20, 1969. CITY COURT OF CLAXTONCOMPENSATION OF SOLICITOR. No. 117 (Senate Bill No. 154). An Act to amend an Act establishing the City Court of Claxton, approved August 18, 1919 (Ga. L. 1919, p. 446), as amended, particularly by an Act approved August 11,

Page 2244

1922 (Ga. L. 1922, p. 236), and by an Act approved March 17, 1960 (Ga. L. 1960, p. 2970), so as to change the provisions relating to the compensation of the solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the City Court of Claxton, approved August 18, 1919 (Ga. L. 1919, p. 446), as amended, particularly by an Act approved August 11, 1922 (Ga. L. 1922, p. 236), and by an Act approved March 17, 1960 (Ga. L. 1960, p. 2970) is hereby amended by striking section 6 in its entirety and substituting in lieu thereof a new section 6 to read as follows: Section 6. Be it further enacted by the authority aforesaid, that there shall be a solicitor of said city court, who shall be elected at the same time, in the same manner, and for the same term as the judge of said court, who shall have been a practitioner of law for one year. A vacancy in the office of solicitor of said city court shall be filled in the same manner as a vacancy in the office of judge thereof is filled. The duties of the said solicitor shall be to prosecute all offenses cognizable before said city court. The said solicitor shall receive an annual salary of three thousand six hundred ($3,600.00) dollars, payable in equal monthly installments out of the funds of the county, for his services in said court. Said salary shall be in lieu of all fees and all other perquisites of whatever kinds as are now allowed by law to be received as compensation for services by said solicitor in said court except as hereinafter provided. In the absence or disqualification of the solicitor of said city court, the judge thereof shall appoint a solicitor pro tem., who shall discharge the same duties and receive the same compensation as is allowed the solicitor of said court. In addition to the salary provided for herein, said solicitor shall receive an expense allowance of not less than $200.00 nor more than $600.00 per annum payable from county funds. The exact amount of said expense allowance shall be fixed by the governing authority of Evans County within the limits herein provided,

Page 2245

and said expense allowance shall be payable in such manner as said governing authority shall prescribe. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia a bill to increase the salary of the Solicitor of the City Court of Claxton and to amend conflicting laws. This the 15th day of January, 1969. Joseph E. Kennedy Senator, 4th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joseph E. Kennedy who, on oath, deposes and says that he is Senator from the 4th District, and that the attached copy of notice of intention to introduce local legislation was published in The Claxton Enterprise which is the official organ of Evans County, on the following dates: January 16, 23, 30, 1969. /s/ Joseph E. Kennedy Senator, 4th District Sworn to and subscribed before me, this 18th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 20, 1969.

Page 2246

CITY COURT OF CLAXTONJUDGE'S SALARY. No. 118 (Senate Bill No. 199). An Act to amend an Act establishing the City Court of Claxton, approved August 18, 1919 (Ga. L. 1919, p. 446), as amended, so as to change the compensation of the judge of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the City Court of Claxton, approved August 18, 1919 (Ga. L. 1919, p. 446), as amended, is hereby amended by striking section 5 in its entirety and substituting in lieu thereof a new section 5 to read as follows: Section 5. Be it enacted by the authority aforesaid that from and after the passage and approval of this Act, the judge of the City Court of Claxton shall receive a salary of $3,600.00 per annum, payable $300.00, per month, out of the funds and monies of Evans County, as a current expense, to be paid by the board of commissioners of roads and revenues of said county (or by the ordinary if he is charged by law with the administration of the fiscal affairs of said county) and such county authority shall annually make provision therefor by levying taxes for this purpose, and such salary shall be paid to the judge now in office, as well as to future incumbents of said office. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of

Page 2247

Georgia a bill to increase the salary of the judge of the City Court of Claxton and to amend conflicting laws. This the 4th day of February, 1969. Joseph E. Kennedy Senator, 4th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joseph E. Kennedy who, on oath, deposes and says that he is Senator from the 4th District, and that the attached copy of notice of intention to introduce local legislation was published in The Claxton Enterprise which is the official organ of Evans County, on the following dates: February 6, 13, 20, 1969. /s/ Joseph E. Kennedy Senator, 4th District Sworn to and subscribed before me, this 24th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 20, 1969. COMPENSATION OF SHERIFFS OF CERTAIN COUNTIES (500,000 OR MORE). No. 119 (Senate Bill No. 79). An Act to amend an Act entitled An Act to provide for the compensation of the sheriff of certain counties; and for other purposes, approved April 10, 1968 (Ga. L.

Page 2248

1968, p. 3479), so as to delete all limitation and reference to the pension payable to such officer; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act entitled An Act to provide for the compensation of the sheriff of certain counties; and for other purposes, approved April 10, 1968 (Ga. L. 1968, p. 3479), be amended by striking therefrom all language following the period after the word counties in section 1 of said Act, so that said section 1 as thus amended shall read: Section 1. The annual salary of the sheriff of all Counties in the State having a population of 500,000 or more, according to the 1960 United States Census, or any future such census, shall be $16,500.00. Said salary shall be payable in equal monthly installments out of the treasuries of such counties. Section 2. This Act shall be effective immediately upon approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 21, 1969. STATE COURT OF LAURENS COUNTYCOMPENSATION OF JUDGE AND SOLICITOR. No. 122 (House Bill No. 512). An Act to amend an Act creating the State Court of Laurens County, approved December 6, 1900 (Ga. L. 1900, p. 117), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2503), and an Act approved February 5, 1968 (Ga. L. 1968, p. 2019), so as to change the compensation of the judge and

Page 2249

solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Laurens County, approved December 6, 1900 (Ga. L. 1900, p. 117), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2503), and an Act approved February 5, 1968 (Ga. L. 1968, p. 2019), is hereby amended by striking section 2A in its entirety and inserting in lieu thereof a new section 2A to read as follows: Section 2A. The judge of the State Court of Laurens County shall receive an annual salary of $7,500.00 and the solicitor of said court shall receive an annual salary of $9,000.00. Said salaries shall be paid in equal monthly installments from the funds of Laurens County. Salaries. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the Dublin Bar Association has requested the Representatives for the 42nd House District to the General Assembly of Georgia to introduce at the regular 1969 Session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Laurens County, approved December 6, 1900 (Ga. L. 1900, p. 117), as amended, so as to change the compensation of the judge and solicitor of said court; to provide an effective date; and for other purposes. This 29th day of January, 1969. Dublin Bar Association By: H. Dale Thompson, President Dawson Kea, Secretary.

Page 2250

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dubignion Douglas who, on oath, deposes and says that he is Representative from the 42nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Dublin Courier-Herald which is the official organ of Laurens County, on the following dates: February 1, 8, 15, 1969. /s/ Dubignion Douglas Representative, 42nd District Sworn to and subscribed before me, this 19th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1969. LAURENS COUNTYTREASURER'S SALARY. No. 123 (House Bill No. 723). An Act to amend an Act creating the office of treasurer of Laurens County, approved August 11, 1923 (Ga. L. 1923, p. 282), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 3051), so as to change the compensation of the treasurer; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of treasurer of Laurens County, approved August 11, 1923 (Ga. L. 1923,

Page 2251

p. 282), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 3051), is hereby amended by striking from section 3 the following: two thousand four hundred dollars ($2,400.00) per year, to be paid monthly out of the funds belonging to said county, at the rate of two hundred dollars ($200.00) per month; and substituting in lieu thereof the following: $3,600.00, to be paid in equal monthly installments from the funds of Laurens County;, so that when so amended, section 3 shall read as follows: Section 3. That the treasurer of said County of Laurens shall receive a salary of $3,600.00, to be paid in equal monthly installments from the funds of Laurens County; provided, however, that the premium on bond of said treasurer herein provided for shall be paid by the County of Laurens. That the treasurer of said county before entering upon his duties as such will execute a bond in some solvent surety company in the sum of twenty-five thousand dollars ($25,000.00) payable to the ordinary of said county and his successors in office for the use of Laurens County, and should it appear during his term of office that said bond is not sufficient to cover an amount that shall fully protect the funds of said county at all times, that the board of commissioners of roads and revenues in and for said county shall have a right to assess and increase said bond to such an amount as will fully protect the funds of said county at all times; and in the event said bond should be increased as hereinbefore provided and said treasurer should fail and refuse to make said bond, then the office of said treasurer shall be declared vacant and an election held as provided by the general laws for the election of a treasurer, that said bond so executed by the treasurer shall be approved by the ordinary of said county and filed in his office.

Page 2252

Section 2. The provisions of this Act shall become effective on the first day of the month following its approval by the Governor or it otherwise becomes law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. The undersigned intends to introduce legislation at the regular 1969 Session of the General Assembly of Georgia which will change the compensation of the following offices in Laurens County: Clerk of courts, tax commissioner, ordinary, treasurer, sheriff and commissioners of roads and revenues, to provide an effective date and for other purposes. This 15th day of February, 1969. Dub Douglas Emory Rowland Representatives 42nd House District, General Assembly of Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Dub Douglas who, on oath, deposes and says that he is Representative from the 42nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Courier-Herald which is the official organ of Laurens County, on the following dates: February 15, 22, 1969; March 1, 1969. /s/ Dubignion (Dub) Douglas Representative, 42nd District

Page 2253

Sworn to and subscribed before me, this 3 day of March, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved March 21, 1969. CITY OF DUBLINSALARIES OF MAYOR AND ALDERMEN. No. 124 (House Bill No. 724). An Act to amend an Act creating a new charter for the City of Dublin, approved March 31, 1937 (Ga. L. 1937, p. 1771), as amended, so as to change the compensation of the mayor and aldermen; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An act creating a new charter for the City of Dublin, approved March 31, 1937 (Ga. L. 1937, p. 1771), as amended, is hereby amended by striking in its entirety section 16 of Article II and substituting in lieu thereof a new section 16 to read as follows: Section 16. The mayor shall receive an annual salary of $2,400.00. Each alderman shall receive an annual salary of $1,200.00. Such salary shall be paid in equal monthly installments from the funds of the City of Dublin. Section 2. The provisions of this Act shall become effective on the first day of the month following its approval by the Governor or it otherwise becomes law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2254

Notice of Intention to Introduce Local Legislation Pursuant to a request of the mayor and board of aldermen of the City of Dublin, the undersigned intends to introduce at the 1969 Session of the General Assembly of Georgia, a bill which will change the compensation of the mayor and board of aldermen of the City of Dublin, Georgia. This 15th day of February, 1969. Dub Douglas Emory Rowland Representatives 42nd House District, General Assembly of Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Dub Douglas who, on oath, deposes and says that he is Representative from the 42nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Courier-Herald which is the official organ of Laurens County, on the following dates: February 15, 22, 1969; March 1, 1969. /s/ Dubignion Douglas Representative, 42nd District Sworn to and subscribed before me, this 3rd day of March, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved March 21, 1969.

Page 2255

LAURENS COUNTYSALARY OF CLERK OF SUPERIOR COURT. No. 125 (House Bill No. 725) An Act to amend an Act placing the clerk of the Superior Court of Laurens County upon an annual salary, approved February 13, 1952 (Ga. L. 1952, p. 122), as amended, particularly by an Act approved March 7, 1961 (Ga. L. 1961, p. 2367), so as to change the compensation of the clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the clerk of the Superior Court of Laurens County upon an annual salary, approved February 13, 1952 (Ga. L. 1952, p. 122), as amended, particularly by an Act approved March 7, 1961 (Ga. L. 1961, p. 2367), is hereby amended by striking from section 2 the following: eight thousand ($8,000.00) dollars and substituting in lieu thereof the following: $10,500.00, so that when so amended, section 2 shall read as follows: Section 2. The clerk of the Superior Court of Laurens County, Georgia, and as ex-officio clerk of the City Court of Dublin, shall be paid an annual salary of $10,500.00. Said salary shall be paid in equal monthly installments out of the funds of Laurens County. Section 2. The provisions of this Act shall become effective on the first day of the month following its approval by the Governor or it otherwise becomes law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2256

Notice of Intention to Introduce Local Legislation. The undersigned intends to introduce legislation at the regular 1969 Session of the General Assembly of Georgia which will change the compensation of the following offices in Laurens County: Clerk of courts, tax commissioner, ordinary, treasurer, sheriff and commissioners of roads and revenues, to provide an effective date and for other purposes. This 15th day of February, 1969. Dub Douglas Emory Rowland Representatives 42nd House District, General Assembly of Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Dub Douglas who, on oath, deposes and says that he is Representative from the 42nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Courier-Herald which is the official organ of Laurens County, on the following dates: February 15, 22, 1969; March 1, 1969. /s/ Dubignion (Dub) Douglas Representative, 42nd District Sworn to and subscribed before me, this 3 day of March, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved March 21, 1969.

Page 2257

LAURENS COUNTYSHERIFF'S SALARY. No. 126 (House Bill No. 726). An Act to amend an Act placing the sheriff of Laurens County upon an annual salary, approved February 12, 1960 (Ga. L. 1960, p. 2072), so as to change the compensation of the sheriff; 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 placing the sheriff of Laurens County upon an annual salary, approved February 12, 1960 (Ga. L. 1960, p. 2072), is hereby amended by striking from section 3 the following: $10,000 and substituting in lieu thereof the following: $12,500, so that when so amended, section 3 shall read as follows: Section 3. The sheriff of the superior court shall be paid a salary of $12,500 per year in equal monthly installments. At the first meeting in January of each year of the board of commissioners of roads and revenues of Laurens County, Georgia, the sheriff shall submit a list of the names and addresses of such persons as he feels are needed to serve in the capacity of deputies for the ensuing year along with a recommended figure for the salary for each deputy. At such meeting, the board of commissioners of roads and revenues shall either approve or disapprove the recommendations pertaining to deputies and salaries. The recommendations so accepted shall fix the number of deputies and their respective salaries for the ensuing year. If the board should disagree with any one of the sheriff's recommendations, it shall be the duty of the board to submit

Page 2258

to the first grand jury of the Superior Court of Laurens County, convening after said meeting, the sheriff's recommendations along with their own recommendations for deputies and salaries. It shall be the duty of said grand jury to vote on each proposal for deputy and salary which is in dispute. A two-thirds vote for approval on the recommendation of either the sheriff or the board of commissioners of those members of the grand jury present and voting shall fix the deputies and salaries for the ensuing year. If the grand jury should fail to agree on any proposal by the prescribed vote, it shall be the duty of the foreman of the grand jury to appoint a committee from said grand jury consisting of as many members as there are members of the board of commissioners of roads and revenues. Said committee shall meet in joint conference with the board of commissioners of roads and revenues for the purpose of fixing by majority vote the deputies and salaries in the office of the sheriff for the ensuing year. This determination shall be final and binding. Section 2. The provisions of this Act shall become effective on the first day of the month following its approval by the Governor or it otherwise becomes law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. The undersigned intends to introduce legislation at the regular 1969 Session of the General Assembly of Georgia which will change the compensation of the following offices in Laurens County: Clerk of courts, tax commissioner, ordinary, treasurer, sheriff and commissioners of roads and revenues, to provide an effective date and for other puposes. This 15th day of February, 1969. Dub Douglas Emory Rowland Representatives 42nd House District, General Assembly of Georgia.

Page 2259

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Dub Douglas who, on oath, deposes and says that he is Representative from the 42nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Courier-Herald which is the official organ of Laurens County, on the following dates: February 15, 22, 1969; March 1, 1969. /s/ Dubignion (Dub) Douglas Representative, 42nd District Sworn to and subscribed before me, this 3 day of March, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved March 21, 1969. LAURENS COUNTYSALARY OF TAX COMMISSIONER. No. 127 (House Bill No. 727). An Act to amend an Act consolidating the offices of tax receiver and tax collector of Laurens County into the office of tax commissioner of Laurens County, approved February 12, 1952 (Ga. L. 1952, p. 2327), as amended, particularly by an Act approved February 12, 1960 (Ga. L. 1960, p. 2083), so as to change the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 2260

Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of tax receiver and tax collector of Laurens County into the office of tax commissioner of Laurens County, approved February 12, 1952 (Ga. L. 1952, p. 2327), as amended, particularly by an Act approved February 12, 1960 (Ga. L. 1960, p. 2083), is hereby amended by striking from section 3 the following: eight thousand ($8,000.00) dollars and substituting in lieu thereof the following: $10,500.00, so that when so amended, section 3 shall read as follows: Section 3. The tax commissioner of Laurens County shall be compensated in the amount of $10,500.00 per annum, to be paid in equal monthly installments from the funds of Laurens County. This shall be his full and complete compensation and shall be in lieu of all commissions, fees or charges of any kind, whatsoever, heretofore or hereafter received by said tax commissioner. It is hereby specifically provided that he shall not be entitled to the amount provided in an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. All funds collected from any source under color of said office, except the salary provided herein, shall be county funds and shall be accounted for by the tax commissioner as such. Section 2. The provisions of this Act shall become effective on the first day of the month following its approval by the Governor or it otherwise becomes law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2261

Notice of Intention to Introduce Local Legislation. The undersigned intends to introduce legislation at the regular 1969 Session of the General Assembly of Georgia which will change the compensation of the following offices in Laurens County: Clerk of courts, tax commissioner, ordinary, treasurer, sheriff and commissioners of roads and revenues, to provide an effective date and for other purposes. This 15th day of February, 1969. Dub Douglas Emory Rowland Representatives 42nd House District, General Assembly of Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Dub Douglas who, on oath, deposes and says that he is Representative from the 42nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Courier-Herald which is the official organ of Laurens County, on the following dates: February 15, 22nd, 1969; March 1, 1969. /s/ Dubignion (Dub) Douglas Representative, 42nd District Sworn to and subscribed before me, this 3 day of March, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved March 21, 1969.

Page 2262

LAURENS COUNTYCOMPENSATION OF ORDINARY. No. 128 (House Bill No. 728). An Act to amend an Act providing a supplemental salary to the ordinary of Laurens County, approved February 28, 1956 (Ga. L. 1956, p. 2765), so as to increase the supplemental salary of the ordinary; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a supplemental salary to the ordinary of Laurens County, approved February 28, 1956 (Ga. L. 1956, p. 2765), is hereby amended by striking from section 1 the following: one hundred and fifty and no/100 dollars and substituting in lieu thereof: $325.00, so that when so amended section 1 shall read as follows: Section 1. The ordinary of Laurens County shall receive a supplemental salary of $325.00 per month in addition to the fees and other compensation to which he is now entitled. Said sums to be paid out of general county funds by the fiscal authorities of said county. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. The undersigned intends to introduce legislation at the regular 1969 Session of the General Assembly of Georgia

Page 2263

which will change the compensation of the following offices of Laurens County: Clerk of courts, tax commissioner, ordinary, treasurer, sheriff and commissioners of roads and revenue, to provide an effective date and for other purposes. This 15th day of February, 1969. Dub Douglas Emory Rowland Representatives 42nd House District, General Assembly of Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Dub Douglas who, on oath, deposes and says that he is Representative from the 42nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Courier-Herald which is the official organ of Laurens County, on the following dates: February 15, 22, 1969; March 1, 1969. /s/ Dubignion (Dub) Douglas Representative, 42nd District Sworn to and subscribed before me, this 3 day of March, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved March 21, 1969.

Page 2264

STEWART COUNTYELECTION OF BOARD OF EDUCATION, REFERENDUM. No. 129 (House Bill No. 750). An Act to change the election date for the members of the Stewart County board of education; to provide for appointing certain members of said board; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Mrs. Alice Kemp, Mrs. W. P. Chesnut, and Mr. Vernon Haliday are hereby appointed as members of the Stewart County Board of Education from the City of Lumpkin, the Midway, Florence and Omaha voting precincts, and the Trotman and County Line voting precincts, respectively. Such members shall serve through December 31, 1972 and until their successors are duly elected and qualified. Successors to the above members of the board shall be elected at the 1972 general election and shall take office on the first day of January following their election and shall serve for a term of four years and until their successors are duly elected and qualified. The present members of the board from the City of Richland, and the Union, Louvale, Green Hill and the Brooklyn voting precincts shall serve out their regular terms of office. Successors to such members shall be elected at the 1970 general election and shall take office on the first day of January following their election and shall serve for a term of four years and until their successors are duly elected and qualified. Thereafter, successors to the members of the Stewart County Board of Education provided for herein shall be elected in the general election in that year in which the respective terms of office shall expire and they shall take office on the first day of January following their election and shall serve for a term of four years and until their successors are elected and qualified. Section 2. Not less than 15 nor more than 30 days after the date of the approval of this Act by the Governor, or

Page 2265

after it otherwise becomes law, it shall be the duty of the ordinary of Stewart County to issue the call for an election for the purpose of submitting this Act to the voters of Stewart County for approval or rejection. The ordinary shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The ordinary 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 Stewart County. The ballot shall have written or printed thereon the words: For approval of the Act changing the date for electing the members of the Stewart County Board of Education, and appointing certain persons to the Stewart County Board of Education. Referendum. Against approval of the Act changing the date for electing the members of the Stewart County Board of Education, and appointing certain persons to the Stewart County Board of Education. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Stewart County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia,

Page 2266

a bill to change the election date for electing the board members to the board of education and other purposes for Stewart County, Ga. This day of January 27, 1969. J. Lucius Black, Representative of the 45th District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Lucius Black who, on oath, deposes and says that he is Representative from the 45th District, and that the attached copy of notice of intention to introduce local legislation was published in The Stewart-Webster Journal which is the official organ of Stewart County, on the following dates: February 6, 13, 20, 1969. /s/ J. Lucius Black Representative, 45th District Sworn to and subscribed before me, this 3rd day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1969. CITY OF RICHLANDCORPORATE LIMITS. No. 130 (House Bill No. 751). An Act to amend an Act creating a new charter for the City of Richland in the County of Stewart, approved August 16, 1922 (Ga. L. 1922, p. 925), as amended, so

Page 2267

as to change the corporate limits of said city; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Richland in the County of Stewart, approved August 16, 1922 (Ga. L. 1922, p. 925), as amended, is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. Be it further enacted that the corporate limits of the City of Richland shall include all that tract or parcel of land lying and being in the 24th land district, Stewart County, Georgia and being in land lots #102, #123, #134, #155, #103, #122, #135 and #154 and being in the southern one-half of land lots #104, #121, #136 and #153. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to change the corporate limits of the City of Richland, and for other purposes. This day of January 21, 1969. J. Lucius Black, Representative of the 45th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Lucius Black

Page 2268

who, on oath, deposes and says that he is Representative from the 45th District, and that the attached copy of notice of intention to introduce local legislation was published in The Stewart-Webster Journal which is the official organ of Stewart County, on the following dates: February 6, 13, 20, 27, 1969. /s/ J. Lucius Black Representative, 45th District /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1969. CHATTAHOOCHEE COUNTYSHERIFF'S SALARY. No. 131 (House Bill No. 752). An Act to amend an Act placing the sheriff of Chattahoochee County on a salary basis in lieu of a fee basis, approved March 1, 1965 (Ga. L. 1965, p. 2107), as amended by an Act approved March 1, 1966 (Ga. L. 1966, p. 2805), and an Act approved April 4, 1967 (Ga. L. 1967, p. 2532), so as to change the provisions relating to the compensation of the sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Chattahoochee County on a salary basis in lieu of a fee basis, approved March 1, 1965 (Ga. L. 1965, p. 2107), as amended by an Act approved March 1, 1966 (Ga. L. 1966, p. 2805), and an Act approved April 4, 1967 (Ga. L. 1967, p. 2532), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows:

Page 2269

Section 2. The sheriff of Chattahoochee County shall receive an annual salary of $6,000.00 per annum, payable in equal monthly installments from the funds of Chattahoochee County. The sheriff of Chattahoochee County shall furnish his own automobile, and he shall be responsible for the cost of operating and maintaining said vehicle out of the salary paid to him by Chattahoochee County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969 Session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff of Chattahoochee County on a salary, so as to set the sheriff's salary; to provide that whether the bill becomes law or not will be contingent upon the approval of the voters of Chattahoochee County in a referendum; and for other purposes. This 22 day of January, 1969. J. Lucius Black Representative, 45th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Lucius Black who, on oath, deposes and says that he is Representative from the 45th District, and that the attached copy of notice of intention to introduce local legislation was published in The Columbus Enquirer which is the official organ of Chattahoochee County, on the following dates: February 1, 8, 15, 1969. /s/ J. Lucius Black Representative, 45th District

Page 2270

Sworn to and subscribed before me, this 3rd day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1969. CITY OF DUBLINCORPORATE LIMITS, REFERENDUM. No. 132 (House Bill No. 799). An Act to amend an Act creating a new charter for the City of Dublin, in the County of Laurens, and defining its corporate limits, approved March 31, 1937 (Ga. L. 1937, p. 1771), as amended, particularly by an Act approved February 12, 1952 (Ga. L. 1952, p. 2337), so as to change the corporate limits of said city; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Dublin, in the County of Laurens, and defining its corporate limits, approved March 31, 1937 (Ga. L. 1937, p. 1771), as amended, particularly by an Act approved February 12, 1952 (Ga. L. 1952, p. 2337), is hereby amended by adding a new section, to be designated as section 3A to read as follows: Section 3A. In addition to the territory presently embraced within the corporate limits of the City of Dublin, the following described property shall also be embraced within the corporate limits of the City of Dublin and shall be a part thereof:

Page 2271

`All that tract or parcel of land situate, lying and being immediately north or northeast of the present limits of the City of Dublin, Laurens County, Georgia and more particularly described as follows: Beginning at a point located on the eastern margin of Parker's Dairy Road where said road joins the present northern limits of the City of Dublin; thence running in a northeasterly direction along the eastern margin of said Parker's Dairy Road a distance of 3,761 feet, more or less, thence running in a northwesterly direction along the eastern margin of said Parker's Dairy Road a distance of 3,828 feet, more or less, to the boundary line between lands now or formerly known as the Lassiter and Julia Anderson Estates; thence running in a southwesterly direction along the lines of said estates as aforesaid a distance of 1,607 feet, more or less, to a point, which is the most southwesterly corner of the Julia Anderson Estate; thence running in a northwesterly direction along the Lassiter Estate and Julia Anderson Estate properties a distance of 3,930 feet, more or less, to the northeastern corner of the Lassiter Estate; thence running in a southwesterly direction along the southeastern line of land lots 256 and 243, first land district of Laurens County, Georgia to the south corner of said lot 243; thence running in a southeasterly direction along the present limits of the City of Dublin a distance of 1,202 feet, more or less, to the run of Hunger and Hardship Creek (the present limits of the City of Dublin); thence running along the present limits of the City of Dublin and the meanderings of Hunger and Hardship Creek generally in a southeasterly direction to the point of beginning. This property includes all lands now or formerly known the Lassiter Estate and part of lands now or formerly owned by T. A. Curry, Jr., and L. M. Curry next to Green Acres Estates subdivision.' Section 2. Not less than 30 nor more than 45 days after the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Laurens County to issue the call for an election for the purpose of submitting this Act to the voters of Laurens County residing within the area described specifically in

Page 2272

section 1 of this Act, and known as the North Dublin Development, for approval or rejection. The ordinary shall set the date of such election for a day not less than 30 nor more than 45 days after the issuance of the call. The ordinary 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 Laurens County. The ballot shall have written or printed thereon the words: For approval of the Act changing the corporate limits of the City of Dublin so as to include the area known as the `North Dublin Development.' Referendum. Against approval of the Act changing the corporate limits of the City of Dublin so as to include the area known as the `North Dublin Development.' All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Dublin. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. The ordinary shall prepare a list of expenses which have been incurred due to the election, and he shall submit said expenses to the City of Dublin, which shall pay said expenses. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. The provisions in section 1 of this Act shall become effective the first day of the month following the month in which the aforesaid referendum is held, if a majority of the voters voting in said referendum vote for approval. Effective date.

Page 2273

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that residents of the North Dublin Area have requested the Representatives for the 42nd House District to the General Assembly of Georgia to introduce at the regular 1969 Session of the General Assembly of Georgia a bill to annex that area known as North Dublin into the city limits of the City of Dublin to provide for a referendum; and for other purposes. This 14th day of February, 1969. Residents of North Dublin Area By Ronald L. Gore Clark D. Moore Donald R. Jones L. C. Peacock Residents Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dubignion (Dub) Douglas who, on oath, deposes and says that he is Representative from the 42nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Dublin Courier-Herald which is the official organ of Laurens County, on the following dates: February 15, 22 and March 1, 1969. /s/ Dubignion (Dub) Douglas Representative, 42nd District Sworn to and subscribed before me, this 5th day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1969.

Page 2274

LAURENS COUNTYCOMPENSATION OF BOARD OF COUNTY COMMISSIONERS. No. 133 (House Bill No. 828). An Act to amend an Act creating a board of commissioners of Laurens County, approved December 1, 1893 (Ga. L. 1893, p. 362), as amended, particularly by an Act approved February 26, 1957 (Ga. L. 1957, p. 2213), so as to change the compensation of the commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of Laurens County, approved December 1, 1893 (Ga. L. 1893, p. 362), as amended, particularly by an Act approved February 26, 1957 (Ga. L. 1957, p. 2213), is hereby amended by striking from Section VIII the following: $1800 and $150 and substituting in lieu thereof: $3600 and $300, respectively, so that when so amended section VIII shall read as follows: Section VIII. Each of the commissioners of roads and revenues of Laurens County shall receive as compensation for his services the sum of $3600 per annum, payable $300 per month. They shall be required to give all of the time and attention necessary to adequately and efficiently perform their duties in the supervision of the road and bridge work being conducted and carried on in said county, in handling the financial affairs of said county and in the performance of their duties as is required of them by law and good business practice. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved

Page 2275

by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. The undersigned intends to introduce legislation at the regular 1969 Session of the General Assembly of Georgia which will change the compensation of the following offices in Laurens County: Clerk of courts, tax commissioner, ordinary, treasurer, sheriff and commissioners of roads and revenues, to provide an effective date and for other purposes. This 15th day of February, 1969. Dub Douglas Emory Rowland Representatives 42nd House District, General Assembly of Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dubignion (Dub) Douglas who, on oath, deposes and says that he is Representative from the 42nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Dublin Courier-Herald which is the official organ of Laurens County, on the following dates: February 15, 22 and March 1, 1969. /s/ Dubignion (Dub) Douglas Representative, 42nd District

Page 2276

Sworn to and subscribed before me, this 6th day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 21, 1969. RANDOLPH COUNTYCLERICAL ASSISTANTS OF CLERK OF SUPERIOR COURT. No. 137 (House Bill No. 309). An Act to amend an Act abolishing the mode of compensating the clerk of the superior court of Randolph County, known as the fee system, and providing in lieu thereof an annual salary, approved March 17, 1967 (Ga. L. 1967, p. 2239), so as to change the amount of compensation that may be paid to the deputy clerk or clerical assistants; 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 abolishing the mode of compensating the clerk of the superior court of Randolph County, known as the fee system, and providing in lieu thereof an annual salary, approved March 17, 1967 (Ga. L. 1967, p. 2239), is hereby amended by striking from section 4 of said Act the words and figures one thousand two hundred dollars ($1,200.00) and inserting in lieu thereof the figure $1,500.00, so that when so amended section 4 shall read as follows: Section 4. The clerk of the superior court is hereby authorized to appoint a deputy clerk or other clerical assistants to assist him in the performance of the duties of his office at such times as may be required in the

Page 2277

discretion of said officer. Such deputy clerk, or other clerical assistants, shall be paid monthly from the funds of said county upon a statement filed by the clerk of the superior court with the county fiscal authority. Provided, however, that the compensation of all such employees shall not exceed $1,500.00 per annum. Clerical Assistants. Section 2. This Act shall become effective on the first day of the first month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1969 session of the General Assembly of Georgia a bill to change the compensation that may be expended for a deputy clerk or clerical assistants for the clerk of the Superior Court of Randolph County, Georgia; and for other purposes. This 14th day of January 1969. J. T. Dailey Representative 53rd Representative District Georgia, Randolph County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. Taylor Harris, who on oath, deposes, certifies and says that he is the publisher of The Cuthbert Times, the newspaper in which sheriff's advertisements for Randolph County are published, and that the attached copy of notice of intention to introduce local legislation was published in said newspaper on the following dates: January 16, 1969, January 23, 1969 and February 6, 1969. /s/ R. Taylor Harris

Page 2278

Sworn to and subscribed before me, this 8th day of February, 1969. /s/ A'Delbert Bowen, Notary Public, Randolph County, Georgia. My Commission expires December 20, 1969. (Seal). Approved March 24, 1969. CITY OF PALMETTORECORDER'S COURT. No. 138 (House Bill No. 351). An Act to amend an Act establishing a new charter for the City of Palmetto in Fulton and Coweta Counties approved March 2, 1966 (Ga. L. 1966, p. 2771 et seq.) so as to provide that the mayor appoint a recorder, to establish such recorder's powers and duties and to provide for a recorder's compensation, to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Palmetto in Fulton and Coweta Counties approved March 2, 1966, (Ga. L. 1966, p. 2771 et. seq.) is hereby amended by striking the last sentence of section 14.1 and inserting in lieu thereof He shall appoint a recorder to preside over the recorder's court established by this charter, so that said section when amended shall read as follows: Section 14.1Mayor, Duties The mayor is the chief executive officer of the city and chairman of the council. He shall preside at all official meetings of the city government. He is responsible to the people for seeing that the provisions of this charter and all duly enacted ordinances are carried out. He shall supervise the administration of

Page 2279

the city government. He shall appoint a recorder to preside over the recorder's court established by this charter. Recorder. Section 2. Said Act is further amended by striking section 41.1 in its entirety and inserting in lieu thereof the following: Section 41.1Recorder's Court established There is hereby established a court to be known as the Recorder's Court of the City of Palmetto. Said court shall be presided over by a recorder appointed by the mayor in conformity with the provisions of this charter. Such recorder shall preside at the recorders court established by this charter and for all intents and purposes he is constituted an ex officio justice of the peace in the manner of and pertaining to criminal cases of whatsoever nature in the several courts of this State. Section 3. Said Act is further amended by striking section 41.2 in its entirety and inserting in lieu thereof, the following: Section 41.2Recorder's CourtConvening The recorder's court shall be convened at such times as designated by ordinance or such times as deemed necessary by the recorder to dispose of the business of the court or both. The court shall sit at a place designated by ordinance. Section 4. Said Act is further amended by striking from section 41.4 the word mayor and inserting in lieu thereof the word recorder, so that said section when amended shall read as follows: Section 41.4Recorder's CourtRecords The recorder shall cause the city clerk to keep such records of proceedings as shall be necessary to a full understanding of the charge, evidence and disposition of each case tried before the recorder's court. Section 5. Said Act is further amended by adding a new section to be numbered section 41.7, said new section shall read as follows:

Page 2280

Section 41.7Recorders' Compensation The compensation of the recorder appointed hereunder shall be as prescribed by ordinance. Section 6. All laws and parts of laws in conflict herewith are hereby repealed. Notice of Intention to Apply for Local Legislation. State of Georgia, Counties of Fulton and Coweta. Notice is hereby given that the city of Palmetto intends to apply for the passage of local legislation at the 1969 regular session of the General Assembly of Georgia, which convenes in January, 1969. The title of the bill or bills to be introduced will be as follows: A bill to amend an act establishing a new charter for the City of Palemtto in Fulton and Coweta counties, approved March 2, 1966 (Ga. L. 1966, p. 2771 et. seq.); and for other purposes. This 14th day of December, 1968. City of Palmetto By: J. Clifford Johnson, City Attorney. This is to certify that the legal notice attached hereto has been published in the: Newnan Times-Herald legal organ for Coweta County, the following dates, to-wit: December 19, 1968; December 23, 1968; January 2, 1969. Sworn to on the 8th day of January, 1969. James Thomasson, Publisher

Page 2281

Sworn to and subscribed before me, on the 8th day of January, 1969. /s/ Ella Parks MacNabb, Notary Public. (Seal). Notice of Intention to Apply for Local Legislation. State of Georgia, Counties of Fulton and Coweta. Notice is hereby given that the City of Palmetto intends to apply for the passage of local legislation at the 1969 regular session of the General Assembly of Georgia, which convenes in January, 1969. The title of the bill or bills to be introduced will be as follows: A bill to amend an act establishing a new charter for the City of Palmetto in Fulton and Coweta Counties approved March 2, 1966 (Ga. L. 1966, p. 2771 et. seq.); and for other purposes. This 14th day of December, 1968. City of Palmetto By: J. Clifford Johnson City Attorney Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 17, 24, 31 days of December, 1968. As provided by law.

Page 2282

Subscribed and sworn to before me, this 7th day of January, 1969. /s/ Mildred N. Lazenby, Notary Public. (Seal). Approved March 26, 1969. TWIGGS COUNTYACT PLACING SHERIFF ON SALARY BASIS AMENDED. No. 140 (House Bill No. 553). An Act to amend an Act abolishing the fee system of compensating the sheriff of Twiggs County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2546), so as to change provisions relating to the number of deputies, their salaries, and the number of automobiles which shall be furnished to the sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensating the sheriff of Twiggs County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2546), is hereby amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9 to read as follows: Section 9. The sheriff is hereby authorized to appoint one chief deputy and/or one second deputy and/or one secretary to assist him in the performance of his duties, who shall serve at the pleasure of the sheriff upon approval by the governing body of Twiggs County. Said chief deputy shall receive as salary not less than $4,500.00 nor more than $5,500.00, per annum, said second deputy shall receive as salary not less than $3,600.00 nor more than

Page 2283

$4,600.00, per annum, and said secretary shall receive as salary such an amount as may be set by the governing authority of Twiggs County; all of the above salaries to be payable by the fiscal authority of said County, in equal monthly installments from the funds of Twiggs County. In addition to the salary of the deputies as provided for herein, the governing authority of Twiggs County may pay to the chief deputy the sum of $1,200.00 and may pay to the second deputy the sum of $600.00 for the purpose of compensating said deputies for the use of their own personal automobiles on official business connected with their duties as chief and second deputies to the sheriff of Twiggs County, to be payable by the fiscal authority of said County in equal monthly installments from the funds of Twiggs County. The governing authority of Twiggs County is empowered to authorize the sheriff to appoint additional deputies in the event of emergencies arising within Twiggs County which require additional deputies and such deputies shall be compensated by Twiggs County at the rate of $12.50 per day. Deputy Sheriffs etc. Section 2. Said Act is further amended by striking section 10 in its entirety and inserting in lieu thereof a new section 10 to read as follows: Section 10. The governing authority of Twiggs County may furnish to the sheriff thereof two (2) automobiles equipped with a short-wave radio, and said automobiles shall be replaced every two (2) years or at 75,000 miles, whichever shall first occur, and said automobile shall be used exclusively for the business of the sheriff's office by said sheriff or his deputies; provided, however, should the need arise and with the consent of said sheriff, the fiscal authority of said County may direct that said automobile be used for other County business and for other officials of Twiggs County. The fiscal authority of Twiggs County shall be responsible for the maintenance of said automobile and the equipment thereon and for the expenses of operation thereof, and said sheriff shall purchase gasoline, oil and other necessary operational materials and have the maintenance thereof done at such place or places as shall be directed by the said fiscal authority of Twiggs

Page 2284

County. However, Twiggs County shall not be responsible for any expenses connected with operating and maintaining said vehicle in excess of the sum of $1,800.00 each per year. In the event that an additional vehicle is needed in an emergency or for urgent duties connected with the efficient operation of the sheriff's office of Twiggs County, the fiscal authority of Twiggs County may authorize the sheriff to use his personal automobile, which shall be equipped with a short-wave radio at the expense of and furnished by said County, for the convenience of said sheriff, and said fiscal authority shall reimburse the sheriff for the use of his personal automobile at the rate of ten (10) cents per mile. Automobiles, etc. Section 3. Said Act is further amended by striking section 11 in its entirety and inserting in lieu thereof a new section 11 to read as follows: Section 11. All necessary office expenses, rent, supplies, equipment, utilities and materials, including actual expenses for hotels, meals and travel, when out of the county on county business, and also including the authorization of the sheriff and his deputies to purchase two (2) winter uniforms and two (2) summer uniforms each per year with provision made that the governing authority of Twiggs County may authorize purchase of additional uniforms if required due to an emergency, shall be furnished by Twiggs County to the sheriff of said county and his deputy; provided, however, that all such expenses, including those incurred by the use of his personal automobile as authorized in section 10, shall be subject to such rules and regulations as may be adopted by the fiscal authority of Twiggs County, for the purpose of accounting for, controlling and regulating such expenses. Office expenses, etc. Section 4. Said Act is further amended by striking section 13 in its entirety and inserting in lieu thereof a new section 13 to read as follows: Section 13. All premiums for bonds or insurance required of the sheriff or his deputies or such other liability insurance required on the automobiles that are to be furnished

Page 2285

by said county as set out in section 10, shall be payable out of the funds of Twiggs County. The governing authority of Twiggs County is hereby authorized to prescribe the manner in which the bonds or insurance required shall be obtained, giving due consideration for the amount of premiums to be paid for such bonds or insurance and the contractual contents of such bonds or insurance policies. Bonds, etc. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February, 1969 session of the General Assembly of Georgia, a Bill to amend an Act placing the sheriff on a salary basis in lieu of a fee system, approved February 28, 1966 (Ga. L. 1966, p. 2546), so as to change the number of deputies and their compensation; to change the number of automobiles to be provided the sheriff's department; to repeal conflicting laws and for other purposes. This 20th day of January, 1969. Hadaway of the 27th Rabun Faulk County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable John Hadaway who, on oath, deposes and says that he is Representative from the 27th District, and that the attached copy of notice of intention to introduce local legislation was published in the Twiggs County New Era which is the official organ of Twiggs County, on the following dates: January 24th, 31st, 1969; February 7th, 1969. /s/ John H. Hadaway Representative, 27th District

Page 2286

Sworn to and subscribed before me, this 18 day of Feb. 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved March 26, 1969. TWIGGS COUNTYCOMPENSATION OF COUNTY COMMISSIONERS. No. 141 (House Bill No. 554). An Act to amend an Act creating a board of commissioners of roads and revenues for the County of Twiggs, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 2815), so as to change the compensation of the commissioners of said board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for the County of Twiggs, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 2815), is hereby amended by striking from section 8 thereof, the figure $60.00 wherever it shall appear, and substituting in lieu thereof the figure $100.00, so that when so amended section 8 shall read as follows: Section 8. That it shall be the duty of the chairman of said board to preside at all meetings and to sign as such chairman all orders and processes of said commissioners. Said chairman shall have the right to vote on all questions and perform any and all duties imposed upon the board of commissioners. The board of commissioners shall elect

Page 2287

one of its members purchasing agent for said county for all things needed by the different departments of said county; and especially for all supplies for the convicts and feed for the mules and horses owned by the county, and in fact for everything purchased by said county, and he shall at no time pay more than the fair market price for the same, and shall monthly at the regular meeting of the board report to the board all purchases made during the past month and exhibit an itemized statement for same, and the same shall then be approved by the commissioners; if they find the same just, fair, correct and reasonable, and this shall apply to all supplies for all county officers. The chairman shall receive a salary of $100.00 per month, payable monthly. In the absence or disqualification of the chairman the board may elect a vice-chairman to act in his stead. The purchasing agent shall receive a salary of $10.00 per month. Salaries. Section 2. Said Act is further amended by striking from section 9, the figure $60.00 wherever it shall appear and substituting in lieu thereof the figure $100.00, and by adding to section 9 of said Act the following provision after the word month in the fourth line of said section: plus mileage for attending to business of the county, taking place outside the county at ten cents per mile, but not to exceed $50.00 per month, plus reimbursement for meals and lodging while outside the county on county business., so that when so amended section 9 shall read as follows: Section 9. That the members of said board of commissioners hereby created and their successors in office shall receive as compensation the sum of $100.00 dollars per month, plus mileage for attending to business of the county, taking place outside the county at ten cents per mile, but not to exceed $50.00 per month, plus reimbursement for meals and lodging while outside the county on county business. The salaries of the chairman and of the other members of the board of commissioners shall be paid out of the county treasury of the County of Twiggs. Member compensation expenses.

Page 2288

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February, 1969 session of the General Assembly of Georgia, a Bill to provide for a change in compensation of the Commissioners of Roads and Revenues of Twiggs County, Georgia, including a provision for travel expenses; to repeal conflicting laws and for other purposes. This 20th day of January, 1969. Hadaway of the 27th Rabun Faulk County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable John Hadaway who, on oath, deposes and says that he is Representative from the 27th District, and that the attached copy of notice of intention to introduce local legislation was published in the Twiggs County New Era which is the official organ of Twiggs County, on the following dates: January 24th, 31st, February 7th, 1969. /s/ John H. Hadaway Representative, 27th District Sworn to and subscribed before me, this 18 day of Feb., 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved March 26, 1969.

Page 2289

JASPER COUNTYCOMPENSATION OF SHERIFF, ETC. No. 142 (House Bill No. 555). An Act to amend an Act abolishing the fee system of compensating the sheriff of Jasper County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2185), so as to change the compensation of said sheriff and the method for determining it; to provide for the hiring of one or more deputies in times of need and upon approval of the county commission; to provide for the purchase and maintenance of one additional automobile; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensating the sheriff of Jasper County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2185), is hereby ameded by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. The sheriff shall be paid an annual salary of not less than $7,500 and not more than $9,600, in equal monthly installments from county funds. The board of county commissioners shall determine and set the sheriff's salary at a figure within the range provided herein. Salary. Section 2. Said Act is further amended by striking section 8 in its entirety and inserting in lieu thereof a new section 8, to read as follows: Section 8. The sheriff may appoint one or more deputies to assist him in times of need. The county commissioners shall approve any such appointment or appointments and shall determine the compensation of any such deputy or deputies, which compensation shall be paid monthly from county funds. Deputies.

Page 2290

Section 3. Said Act is further amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9, to read as follows: Section 9. The board of county commissioners is hereby authorized to purchase two automobiles and to equip same with the necessary special equipment and communications devices commonly used on vehicles belonging to law enforcement departments. The board of county commissioners may replace either of said automobiles whenever it is deemed to be necessary. County funds shall be used in purchasing and replacing said automobiles. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given of intention to introduce an act in the 1969 Session of the Georgia General Assembly to amend an act passed by the Georgia General Assembly on the 28th day of February, 1966, (Ga. L. 1966, pp. 2185-2191) so as to provide for a deputy sheriff only in event of emergency, and for such time as needed, and fixing his compensation, and for fixing the annual salary of the sheriff of said county at $9,600.00 and to repeal all conflicting laws and for other purposes. Respectfully submitted, this the 20th day of January, 1969. John H. Hadaway, Representative of Jasper County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable John H. Hadaway who, on oath, deposes and says that he is Representative from the 27th District, and that the attached copy of notice of intention to introduce local legislation

Page 2291

was published in the Monticello News which is the official organ of Jasper County, on the following dates: January 23rd, 30th, 1969; February 6, 1969. /s/ John H. Hadaway Representative, 27th District Sworn to and subscribed before me, this 11th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 26, 1969. JASPER COUNTYCOMPENSATION OF COUNTY COMMISSIONERS. No. 143 (House Bill No. 556). An Act to amend an Act creating the board of county commissioners of Jasper County, Georgia, approved July 23, 1923 (Ga. L. 1923, p. 258), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 3018), so as to change the compensation of the chairman and members of said commission, and to provide for reimbursement of certain expenses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 17. An Act creating the board of county commissioners of Jasper County, Georgia, approved July 23, 1923 (Ga. L. 1923, p. 258), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 3018), is hereby amended by striking section 12 in its entirety and

Page 2292

inserting in lieu thereof a new section 12, to read as follows: Section 12. The chairman shall receive the sum of $200 per month as full compensation for his services. The members shall each receive the sum of $150 per month as full compensation for their services. Expenses for official county business which are incurred while outside the county may be reimbursed to the chairman and members at the rate of ten cents per mile and, in addition, actual expenses for meals and lodging. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given of intention to introduce an act in the 1969 session of the General Assembly of the State of Georgia to amend an act approved April 11, 1968 (Ga. L. 1968, p. 3629-32) creating commission posts on the Jasper County Commission of Roads and Revenue, so as to change the compensation of the members of said commission, and to further provide for the reimbursement to said commission members travel expenses while traveling on official business outside of Jasper County at the rate of 10 per mile and meals and lodging while on official county business outside of said county up to but not exceeding $75.00 in any month, and to repeal any conflicting laws, and for other purposes. Respectfully submitted, this the 20th day of January, 1969. John H. Hadaway Representative of Jasper County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable John

Page 2293

Hadaway who, on oath, deposes and says that he is Representative from the 27th District, and that the attached copy of notice of intention to introduce local legislation was published in the Monticello News which is the official organ of Jasper County, on the following dates: January 23rd, 30th, February 6th, 1969. /s/ John H. Hadaway Representative, 27th District Sworn to and subscribed before me, this 18 day of Feb., 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved March 26, 1969. DOUGHERTY COUNTYCOMPENSATION OF SHERIFF AND CLERK OF SUPERIOR COURT. No. 144 (House Bill No. 580). An Act to amend an Act placing the sheriff, clerk of the superior court and ordinary of Dougherty County upon an annual salary, approved March 7, 1955 (Ga. L. 1955, p. 2874), as amended, particularly by an Act approved March 30, 1965 (Ga. L. 1965, p. 2908), so as to change the compensation of the sheriff and clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff, clerk of the superior court and ordinary of Dougherty County upon an annual salary, approved March 7, 1955 (Ga. L. 1955, p. 2874),

Page 2294

as amended, particularly by an Act approved March 30, 1965 (Ga. L. 1965, p. 2908), is hereby amended by striking from section 2, wherever the same shall appear, the following: twelve thousand dollars ($12,000.00) and substituting in lieu thereof the following: fifteen thousand dollars ($15,000.00), so that when so amended section 2 shall read as follows: Section 2. The salary of the sheriff of Dougherty County shall be fifteen thousand dollars ($15,000.00) per annum. The salary of the ordinary of Dougherty County shall be seven thousand five hundred dollars ($7,500.00) per annum. The salary of the clerk of the superior court of Dougherty Couty, where such clerk of the superior court likewise serves as clerk of the City Court of Albany, shall be fifteen thousand dollars ($15,000.00) per annum. Each of said officials shall be paid monthly from the general funds in the county treasury. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff, the clerk of the superior court, and the ordinary of Dougherty County upon an annual salary, approved March 7, 1955 (Ga. L. 1955, p. 2874), as amended, so as to change the

Page 2295

compensation of the sheriff and the clerk of the superior court of Dougherty County; and for other purposes. This 28th day of January, 1969. /s/ A. W. Holloway Senator, 12th District /s/ George D. Busbee Representative, 61st District /s/ R. S. Hutchinson Representative, 61st District /s/ Billy Lee Representative, 61st District /s/ Colquitt H. Odom Representative, 61st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Colquitt H. Odom who, on oath, deposes and says that he is Representative from the 61st District, and that the attached copy of notice of intention to introduce local legislation was published in The Albany Herald which is the official organ of Dougherty County, on the following dates: January 30, February 6, 13, 1969. /s/ Colquitt H. Odom Representative, 61st District Sworn to and subscribed before me, this 24th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 26, 1969.

Page 2296

DOUGHERTY COUNTYSALARY OF TAX COMMISSIONER. No. 145 (House Bill No. 581). An Act to amend an Act consolidating the offices of tax receiver and tax collector of Dougherty County into the office of tax commissioner, approved February 19, 1953 (Ga. L. 1953, Jan.-Feb., p. 2419), as amended, particularly by an Act approved March 27, 1965 (Ga, L. 1965, p. 2714), so as to change the compensation of the tax commissioner; 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 consolidating the offices of tax receiver and tax collector of Dougherty County into the office of tax commissioner, approved February 19, 1953 (Ga. L. 1953, Jan.-Feb., p. 2419), as amended, particularly by an Act approved March 27, 1965 (Ga. L. 1965, p. 2714), is hereby amended by striking from section 1 the following: twelve thousand dollars ($12,000.00) and substituting in lieu thereof the following: fifteen thousand dollars ($15,000.00), so that when so amended section 1 shall read as follows: Section 1. Effective January 1, 1957, the office of tax receiver and the office of tax collector of Dougherty County are hereby consolidated into the one office of tax commissioner of Dougherty County. The rights, duties and liabilities of said tax commissioner shall be the same as those heretofore incumbent upon the tax receiver and tax collector. All laws applicable to tax receiver and tax collector shall be of full force and effect relating to the tax commissioner insofar as the same are applicable. The compensation of the tax commissioner shall be fifteen thousand dollars ($15,000.00) per annum to be paid in equal monthly installments from the general funds of Dougherty County. All fees, costs and commissions now or hereafter allowed by law to tax receivers, tax collectors and tax

Page 2297

commissioners for receiving and collecting taxes, or as agent for the sale of automobile license tags, or performing any other duty required of him by law shall be collected by the same tax commissioner, and all such funds so collected shall be paid into the general funds of Dougherty County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to amend an Act consolidating the offices of tax receiver and tax collector of Dougherty County into the one office of tax commissioner of Dougherty County, approved February 19, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2419), as amended, so as to change the compensation of the tax commissioner of Dougherty County; and for other purposes. This 28th day of January, 1969. /s/ A. W. Holloway Senator, 12th District /s/ George D. Busbee Representative, 61st District /s/ R. S. Hutchinson Representative, 61st District /s/ Billy Lee Representative, 61st District /s/ Colquitt H. Odom Representative, 61st District

Page 2298

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Colquitt H. Odom who, on oath, deposes and says that he is Representative from the 61st District, and that the attached copy of notice of intention to introduce local legislation was published in The Albany Herald which is the official organ of Dougherty County, on the following dates: January 30 and February 6, 13, 1969. /s/ Colquitt H. Odom Representative, 61st District Sworn to and subscribed before me, this 24th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 26, 1969. CITY OF LAFAYETTENEW CHARTER. No. 146 (House Bill No. 583). An Act to reincorporate the City of LaFayette in the County of Walker; to create a new charter for said city; to provide its corporate limits; to provide for the government of said city; to provide for the officials thereof; to provide for their powers and duties; to provide for their terms of office; to provide for the organization and administration of said city; to provide for finance and fiscal matters; to provide for municipal services and regulatory functions; to provide for elections; to provide for a recorder's court; to provide for election of first officials; to provide for severability; to provide for

Page 2299

an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same. CHAPTER I INCORPORATION AND POWERS ARTICLE I Section 1.10. Incorporation. The City of LaFayette, Georgia, in the County of Walker, and the inhabitants thereof shall continue to be a body politic and corporate under the name and style of the City of LaFayette, Georgia. Under the name said city shall continue to be vested with all of the property and rights of property which now belong to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of the same; may have a common seal and alter and renew the same at will; and may exercise in conformity with this charter all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever. Section 1.11. City Boundaries. The boundaries of the City of LaFayette shall be as described and set forth in Appendix I hereto, and the City of LaFayette shall include all territory lying within said boundaries. ARTICLE II POWERS OF THE CITY Section 1.20. Corporate Powers. The Government of the City of LaFayette is hereby vested with all powers which municipal corporations are now, or may hereafter be, authorized or required to exercise under the Constitution

Page 2300

and Laws of the State of Georgia. In addition thereto the government of the City of LaFayette, Georgia, shall 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, morals, prosperity and general welfare of the government of the city and of its inhabitants, and all implied powers necessary to carry into execution all powers granted as fully and completely as if such powers were fully enumerated herein. Section 1.21. Additional Corporate Powers. The government of the City of LaFayette shall also have all additional corporate powers which are enumerated in all other parts of this charter, and further in addition to the corporate powers enumerated in section 1.20 of this charter, and those corporate powers contained in other parts of this charter, but without limiting the same in any manner, the government of the City of LaFayette shall also have the following corporate powers, to wit: (a) To acquire, dispose of and hold in trust or otherwise, any real, personal or mixed property, inside or outside the city. (b) To condemn property, inside or outside the city, for present or future use, and for any corporate purpose deemed necessary by the city government under section 36-202 of the Code of Georgia, 1933, and amendments thereto, or under any other applicable general law of the State of Georgia. (c) To levy and to provide for the collection of registration fees on automobiles, trucks, and all other motor vehicles of all types whatsoever owned by residents of the city, and also on automobiles, trucks, and all other motor vehicles owned by non-residents and operated within the city with regularity. Such registration fees on automobiles, trucks, and other motor vehicles may be graduated according to their tonnage capacities, weight or horsepower. (d) To regulate the rates and services of public utilities insofar as not in conflict with regulations of the Georgia

Page 2301

Public Service Commission or other similar State or Federal Agency having jurisdiction in such matters. (e) To require real estate owners to repair and maintain in a safe condition, the sidewalks adjoining their lots or land; and to enact ordinances establishing the terms and conditions under which said repairs and maintenance shall be carried out, including the penalties to be imposed for failure to do so. (f) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (g) To define, regulate and prohibit any acts, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, morals, safety, security, peace, convenience, or general welfare of inhabitants of the city. (h) To provide that persons given jail sentences in the recorder's court shall work out such sentences in any public works of the city or city jail as provided by ordinance, and to provide for the commitment of city prisoners to any county work camp, or jail, by agreement with the appropriate county officers. (i) To regulate and license or prohibit, the keeping or running at large of animals and fowl and to provide for the impoundment of same, in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift or humane killing, when not redeemed as provided by ordinance. The city government may enter into such contract or agreement with the county, other municipalities, or any agencies or departments thereof which may be necessary or desirable to carry out such powers. (j) 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 amounts prescribed by ordinance; and to regulate and rent parking spaces and public ways for the use of such vehicles insofar as not in

Page 2302

conflict with any regulation of the Georgia Public Service Commission or other similar State or Federal Agencies having jurisdiction in such matters. (k) To provide the punishment to be imposed for violation of any ordinance, rule, regulation or order of the government of the City of LaFayette. (l) To compel any and all public service corporations operating or doing business in said city to remove and replace and readjust at their own expense all tracks, poles, conduits, wires and other appurtenances and structures owned and/or used by them in the prosecution of their business functions, whenever the same may, in the discretion of the city government, be necessary to carry out any ordinance or plan of the city government of the City of LaFayette, or to the best interest of the city or its inhabitants. (m) To require the railroads or street railroads running through said town or any portion thereof to make and repair such public crossings for pedestrians or vehicles over or across their several roads whenever or in such a manner as said city government may deem necessary; to place or repair such crossings, or to open or keep open any street in said town crossing them, and the city government may pass any ordinance needful for carrying out the provisions of this section. And in case any railroad or street railroad shall fail or refuse to make such crossings within fifteen (15) days or to repair the same within twenty-four (24) hours after having been notified to do so by said city, the city government shall have the power to create and make the same across the railroad or street railroad, and to repair the same at the expense of said railroad or street railroad, and may issue execution therefor, and levy and collect the same as in the case of tax executions. (n) To make appropriations and payments from the general funds of the city for the purpose of advertising said city and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises

Page 2303

into the city and Walker County, and also for making contributions to any board of trade or chamber of commerce or like body in said city, or in Walker County, Georgia, which may have for its object any of the above stated public purposes, and also to make payment from the general revenues and funds of the city for the support of public hospitals, libraries, charities and other eleemosynary institutions in the city. Section 1.22. Exercise of Power. All powers, functions, rights, privileges and immunities of the city, its officers, agencies or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such powers, functions, rights, privileges and immunities shall be carried into execution as provided by ordinance of the mayor and council and as provided by the pertinent laws of the State of Georgia. Section 1.23. Ordinances. All ordinances, by-laws, rules and regulations now in force in the City of LaFayette, not inconsistent with this charter, are hereby declared valid and of force until amended or repealed by the mayor and council. CHAPTER II MAYOR AND COUNCIL ARTICLE I GENERAL PROVISIONS Section 2.10. Composition and Election. The legislative authority of the government of the City of LaFayette shall be vested in a mayor and five councilmen, who shall be elected in the manner provided by chapter VI of this charter and any other appropriate provisions of this charter. Section 2.11. Terms and Qualifications of Office. The mayor and members of the council shall serve for terms of two years and until their successors are elected and qualified. No person shall be qualified or eligible to seek election

Page 2304

as mayor or councilman unless he is at least twentyone years of age, shall have resided in the city continuously for one year immediately preceding his election, and shall be registered and qualified to vote in the municipal elections for offices in the City of LaFayette, Councilmen must further meet the qualifications as contained in section 2.13 and other appropriate sections of this charter. Section 2.12. Division of City into Wards. For the purpose of electing four of the five councilmen of the city, the city is hereby divided into four wards, which shall be composed of the following territory: First Ward: All portions of said city lying east of North Main Street (U. S. Highway 27 North) and north of East Villanow Street and its extension now known as Ga. State Highway No. 143, also known as new LaFayette-Naomi Road. Second Ward: All portions of said city lying south of East Villanow Street and its extension now known as Ga. State Highway No. 143, also known as new LaFayette-Naomi Road and east of the following described line: Beginning at point of intersection of center line North Main Street (U. S. Highway 27) with center line of Villanow Street and extending south along center line of North Main Street and continuing along the center line of South Main Street until it is intersected by Crane Street and thence extending southerly along the center line of Crane Street and an extension thereof southerly in a straight line to the south city limits of said city. Third Ward: All portions of said city lying west of the west boundary line of the Second Ward, as described above, and south of West Main Street. Fourth Ward: All portions of said city lying north of West Main Street and west of the west boundary line of First Ward and Second Ward, as described above. Section 2.13. Election of Councilmen by Wards; at Large. One councilman shall be elected from each of the

Page 2305

four wards described in section 2.12 of this charter, which councilman must be a resident of said ward at the time of his qualification and election, and one councilman at large shall be elected from the city as a whole. Section 2.14. Councilmen, Mayor to be Elected by Voters of Entire City. All councilmen and the mayor shall be elected by the voters of the entire city. Section 2.15. Vacancy in Elected Officers. The offices of mayor or councilmen shall become vacant upon the incumbent's death, resignation, removal from office in any manner authorized by law, or forfeiture of his office, or when he ceases to reside within the corporate limits of the City of LaFayette, or when a councilman who was elected from a specific ward no longer resides within said ward. A vacancy in the office of mayor or councilman shall be filled for the remainder of the unexpired term, if any, by appointment by a majority vote of the council. Any person eligible to hold such office under the terms of this charter shall be eligible for said appointments. Section 2.16. Compensation; Expenses. The mayor shall receive as compensation for his services a sum not to exceed $100.00 per month and not less than $10.00 per month, as fixed by ordinance of the council, and each councilman shall receive as compensation for his services a sum not to exceed $100.00 per month and not less than $10.00 per month, as fixed by ordinance of the council. The mayor and councilmen may be reimbursed for actual and necessary expenses incurred in the performance of their official duties, as provided by ordinance of the council. Section 2.17. Oath of Office. Each newly elected or appointed mayor or councilman, before entering upon the duties of his office, shall take and subscribe before the city clerk, city attorney or before some judicial officer, or mayor, the following oath: I do solemnly swear that I will and truly perform the duties of Mayor (or Councilman, as the same may be) of the City of LaFayette, to the best of my skill and ability,

Page 2306

and as to me shall seem to be the best interest and welfare of the City, without fear, favor or affection; so help me God. Section 2.18. Prohibitions . (a) Holding other Office. Except as authorized by law, neither the mayor nor any member of the council shall hold any other city office or city employment during the term for which he was elected, and no former mayor or councilman shall hold any compensated appointive city office or city employment until one year after the expiration of the term for which he was elected to office. (b) Neither the mayor or any member of the council shall vote upon any question in which he is personally interested. Section 2.19. Forfeiture of Office . The mayor or any member of council shall forfeit his office if he: (1) Lacks at any time during his term of office any qualification for the office as prescribed by this charter or by law; (2) Violates any expressed prohibition of this charter; or (3) Is convicted of a crime involving moral turpitude. Section 2.20. Judge of Qualifications . The mayor and council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their offices and for that purpose shall have the power to subpoena witnesses, administer oaths and require the production of evidence, by subpoena duces tecum or otherwise. A member charged with conduct constituting grounds for forfeiture of his office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in a newspaper of general circulation in the city at least one week in advance of said hearing. Decisions made by the mayor and council under this section shall be subject to the review of the courts. Section 2.21. Inquiries and Investigations . The mayor and council may make inquiries and investigations into the affairs of the city and conduct of any department, office or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence by subpoena duces tecum or

Page 2307

otherwise. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the mayor and council shall be punished as provided by ordinance. Section 2.22. Independent Audit . The mayor and council shall provide for an independent annual audit of all accounts of the City of LaFayette and may provide for such more frequent audits as it deems necessary. Such audit shall be made by certified public accountants or firm of such accountants who have no personal interest, direct or indirect, in the physical affairs of the city or of any of its officers. The mayor and council may, without requiring competitive bids, designate such accountant or firm annually or for a period not exceeding three years, provided that the designation for any particular fiscal year should be made no later than thirty days after the beginning of such fiscal year. Section 2.23. General Power and Authority of Mayor and Council . (a) Except as otherwise provided by law or this charter, the mayor and council shall be vested with all of the powers of government of the City of LaFayette as granted by this charter. (b) In addition to other powers conferred upon it by law, the mayor and council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations, not inconsistent with this charter, the Constitution and general 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, morals, prosperity and well being of the inhabitants of the City of LaFayette and may enforce such ordinances by imposing penalties for violation thereof. (c) The mayor and council may by ordinance create, change, alter, abolish and consolidate offices, agencies, and departments and may assign additional functions to any of the offices, agencies and departments expressly provided for by this charter.

Page 2308

ARTICLE II MAYOR Section 2.30. Duties and Powers. The mayor shall be the official spokesman for the city and the chief advocate of policy. He shall preside at meetings of the council, shall sign ordinances and resolutions on their final passage, shall sign deeds, bonds, contracts, and other instruments or documents authorized to be executed on behalf of the city. The mayor shall perform such other duties imposed by this charter or by ordinance of council not inconsistent therewith. Section 2.31. Mayor Pro Tem. During the absence or disability of the mayor for any cause, the mayor pro tem., or in his absence or disability for any reason, any one of the councilmen chosen by the council shall be clothed with all of the rights and privileges of the mayor and shall perform the duties of the office of mayor so long as such absence or disability shall continue. ARTICLE III ORGANIZATION AND PROCEDURES Section 2.40. Organizational Meeting. The mayor and council shall meet for organization at the first regular meeting in January following each regular election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members. Following the induction of members, the mayor and council by majority vote of all of the members thereof shall elect one of their number to be mayor pro tem., who shall serve for a term of one year. Section 2.41. Regular and Special Meetings. (a) The mayor and council shall hold regular meetings at least once in every month on the second Monday of said month at the city hall. Said time and place for the regular meeting may be changed by the mayor and council by ordinance. The mayor and council may recess any regular meeting

Page 2309

and continue such meeting on any week-day or hour they may fix. They may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the mayor and council may be held on call of the mayor or shall be held when requested in writing by a majority of the members of the council and, except in the case of emergency, upon no less than twenty-four hours notice to each member. Notice of any special meeting may be waived in writing and attendance at the meeting shall be a waiver of notice of any special meeting. The time and place of said special meeting must be specified in the notice. (c) All meetings of the mayor and council shall be public; provided, however, they may recess for the purpose of discussion in a closed session limited to their own members, any matter which would tend to defame or prejudice the character or reputation of any person. Section 2.42. Quorum; Voting. The mayor, or mayor protem., if he is presiding, and a majority of the duly qualified and acting councilmen shall constitute a quorum for the transaction of business. The mayor, or mayor pro tem., if he is presiding, shall be entitled to vote only in the case of a tie. A majority of the votes cast shall determine all questions except as otherwise provided in this charter. Voting, except on procedural motions, shall be by voice and the ayes and nays shall be recorded in the minutes, but any member of the council shall have the right to request a roll call vote. Section 2.43. Veto Power of Mayor. The mayor shall have the power to veto any act of the council in passing any ordinance or resolution by signifying his disapproval of such act of said Council, and having the same entered in the minutes of said council. The right of veto must be exercised by the mayor within ten days from the time of passage by the council or the same shall be forever considered as approved. If the mayor approves any such action of the council by written approval or by voice vote of approval at the meeting recorded in the minutes, said veto

Page 2310

power shall be waived and said approval cannot be withdrawn. The veto of said mayor to any act of the council may be overridden by the affirmative vote of four members of the council at the next regular meeting of the mayor and council following the veto of said act. ARTICLE IV LEGISLATIVE PROCEDURE Section 2.50. City Legislation. Any action of the council, having a regulatory or penal effect, or required to be done by ordinance under this act, shall be done only by ordinance. Each resolution and ordinance shall be in written form before being introduced. The affirmative vote of at least a majority of the duly elected and qualified members of the council shall be required to pass any resolution or ordinance. After adoption of ordinances, the same shall be signed by the mayor or mayor pro tem., if the mayor is not present, and by the city clerk, and the city clerk shall number said ordinances consecutively, in the order of their final adoption, and shall copy them into a permanent record book used solely for this purpose; and the city clerk shall do likewise for resolutions, using a separate series of number and a separate record book. The original copies of all ordinances, resolutions and motions shall be filed and preserved by the city clerk. Section 2.51. Procedure. The mayor and council may establish rules of procedure for the introduction and passage of ordinances and resolutions, and if such procedure is adopted, the same shall be followed in all instances until specifically changed by said mayor and council; provided, however, such rules of procedure are not in conflict with this charter or any General Act of the State of Georgia.

Page 2311

CHAPTER III ORGANIZATION AND ADMINISTRATION ARTICLE I GENERAL Section 3.10. Administrative Departments; Creation. The mayor and council shall establish such city departments, offices or agencies in addition to those created by this charter as they shall deem necessary to administer the affairs and government of the city. They shall prescribe the functions and duties of any such departments, offices and agencies created, except that no function assigned by this charter to a particular department, office or agency may be discontinued or, unless the charter specifically so provides, assigned to any other. Section 3.11. Consolidation, Transfer and Merger of Departments and Functions. Except as otherwise provided herein by section 3.10 of this charter, the mayor and council may abolish, merge or consolidate offices, positions of employment, departments, and agencies of the city; 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. ARTICLE II CITY MANAGER Section 3.20. Appointment. The mayor and council of the City of LaFayette shall select and appoint a city manager for the City of LaFayette, who shall, subject to the control, direction and supervision of the mayor and council, be the head of the administrative branch of the municipal government of the City of LaFayette and responsible for the efficient administration of all departments of said municipal government. The city manager shall be chosen solely on the basis of ability, training and experience. At

Page 2312

the time of his appointment he need not be a resident of the city or State, but during his tenure of office he shall reside within the city. Section 3.21. Term; Compensation. The city manager shall be appointed for an indefinite term and shall hold office until he shall be removed as provided in this article. He shall receive such salary and expense allowances as the mayor and council shall fix. The mayor and council of the City of LaFayette may remove the city manager at any time within six (6) months after his appointment and qualification at the will of the mayor and council, but the city manager shall not thereafter be removed from office until served with written charges and given a public hearing before the mayor and council. Section 3.22. Acting City Manager. The mayor and council may designate a person or persons to perform the functions and duties of the city manager during his suspension, absence or disability. Vacancies in the office of city manager shall be filled by the mayor and council as early as practicable, and until such vacancy is filled, the mayor and council shall have full authority to make a temporary appointment or to perform the functions and duties of the office. Section 3.23. Powers and Responsibilities of City Manager. The city manager shall devote such time and attention to the affairs of the city as necessary to perform his duties and shall be responsible to the mayor and council for the efficient administration of all of the affairs of the city over which he has jurisdiction. Subject to the control, direction and supervision of the mayor and council, the city manager shall have power and it shall be his duty: (1) To see that all laws and ordinances are enforced. (2) To see that the business and affairs of the city are efficiently organized and handled.

Page 2313

(3) To exercise administrative control over all regular departments, agencies and divisions of the city. (4) To recommend to the mayor and council for appointment all officers which said mayor and council may have authority to appoint. Such appointees shall appoint and remove all subordinate officers and employees in their respective offices and departments with the approval of the city manager and the city council. Upon failure of such appointees and/or the city manager to act in making such appointments and removals, the mayor and council shall have full power and authority to act. Nothing herein shall prevent the mayor and council from creating, abolishing, consolidating, altering or modifying departments. (5) To suspend any city employee including department heads until the next regular meeting of the city council. It shall be the duty of the city council at the next regular meeting following the suspension of any city employee by the city manager to either affirm or reject the action of the city manager. In the event that the city council shall affirm the action of the city manager, such employee shall be considered to have been dismissed from city employment as of the date of his suspension by the city manager. In the event that the city council shall reject the action by the city manager, the city employee shall be reinstated with all the former benefits of his employment, including the right to be paid his regular compensation from the date of his suspension. (6) To attend the meetings of the mayor and council, with the right to take part in all discussions, but having no vote. (7) To recommend to the mayor and council for adoption such measures as he may deem necessary or expedient. (8) To prepare and submit to the mayor and council an annual budget. (9) To keep the mayor and council fully advised as to the financial condition and needs of the city.

Page 2314

(10) To make and execute all lawful contracts on behalf of the City of LaFayette as to matters within his jurisdiction, except such as may be otherwise provided by law or by ordinance or resolution of the mayor and council; provided, however, that no contract, purchase or obligation, involving more than $500.00 shall be valid or binding upon the city until approved by the mayor and council; and provided further that without the approval of the mayor and council neither the city manager nor any other officer or employee shall in any calendar month expend or obligate for any purpose any sum or sums in excess of the monthly budget, or one-twelfth of the annual budget, therefor as fixed by the mayor and council, and provided further that no department head of the City of LaFayette shall make any purchase on behalf of the city without a written purchase order signed by the city manager. (11) To make to the mayor and council monthly written reports showing his acts and doings, the operations of the city, and all city disbursements, purchases, contracts and obligations, such report to be in the form prescribed by the mayor and council. (12) To perform such other duties as may be required by ordinance or resolution of the mayor and council. (13) To give bond in the penal sum fixed by the mayor and council, with surety approved by the mayor and council, payable to the City of LaFayette and its successors and assigns, for the benefit of said City of LaFayette and for the use and benefit of the public, by reason of his default, misfeasance, malfeasance, and/or nonfeasance in the performance of his duties. The premiums for such bond shall be paid by the City of LaFayette. ARTICLE III CITY ATTORNEY Section 3.30. Appointment; Qualifications; Term; Compensation. The mayor and council shall appoint a city attorney who shall be an attorney at law licensed to engage

Page 2315

in the practice of law in the superior courts and appellate courts of the State of Georgia and who shall be a member of the State Bar of Georgia and who shall be a resident of Walker County, Georgia, during his tenure. The city attorney shall serve at the pleasure of the mayor and council and shall receive such compensation as they shall determine. Section 3.31. Additional Counsel. Whenever in the judgment of the mayor and council it shall be deemed advisable to employ additional counsel to assist the city attorney, authority to do so is hereby conferred upon the mayor and council. Such additional counsel shall receive such compensation as may be determined by the mayor and council. There shall be no residency requirements of said additional counsel. Section 3.32. Duties of the City Attorney. It shall be the duty of the city attorney to prosecute and defend suits for and against the city; to serve as legal advisor to the mayor, councilmen and city manager and other city officials, if so directed by the mayor and council, with respect to the affairs of the city; to draw all legal documents relating to the affairs of the city when requested to do so; to draw proposed ordinances when requested to do so; to inspect and pass on the legality in form of all agreements, contracts, franchises and other instruments with which the city may be concerned; to attend meetings of the mayor and council; and to perform such other duties as may be required of him by virtue of his position as city attorney by said mayor and council. ARTICLE IV ADMINISTRATIVE OFFICERS Section 3.40. City Clerk. The mayor and council shall appoint an officer who shall be designated as city clerk who shall perform the duties of the city clerk and who shall keep a minute book of the proceedings of the city council and maintain in a safe place all records and documents pertaining to the affairs of the city, and to perform such other duties

Page 2316

as may be required by law or as the mayor and council may direct. Said clerk shall be the custodian of all official records of the city. Section 3.41. Tax Collector. The mayor and council may appoint a tax collector to collect all taxes, licenses, fees and other monies belonging to the city, subject to the provisions of this charter and ordinances of the city, and the tax collector shall diligently comply with and enforce all ordinances of the City of LaFayette and applicable laws of the State of Georgia relating to the collection and sale, foreclosure of taxes. Section 3.42. Additional Administrative Officers. The mayor and council may from time to time appoint such additional administrative officers as they may deem necessary for the proper management of the city affairs and to prescribe such duties, functions and compensation for said officers as they see fit. ARTICLE V PERSONNEL ADMINISTRATION Section 3.50. Position Classification and Pay Plans. The city manager shall be responsible for the preparation of a position classification and pay plan for monthly salaried employees which shall be submitted to the mayor and council for approval. The mayor and council may by ordinance provide that said plans may apply to all employees of the City of LaFayette and to any of its agencies and offices. When a pay plan has been adopted, the mayor and council shall not increase nor decrease the salaries of individual employees except by amendment of said pay plan. Section 3.51. Personnel Policies. The mayor and 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 the 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 lay off shall

Page 2317

be effected; and (4) such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of LaFayette. Section 3.52. Prohibitions. Neither the city manager nor any other officer or employee of any department under him shall campaign or solicit votes for or contract any money towards the election or nomination of any person as mayor or councilman of the city, except to answer such questions as may be put and that they may desire to answer. Any violation of this section shall subject the offender to removal from office. CHAPTER IV FINANCE AND FISCAL ARTICLE I TAXATION Section 4.10. Property Taxes. All property subject to taxation for State or county purposes, assessed as of January 1st of each year, shall be subject to the property tax levied by the city. All property subject to taxation in the city shall be returned for taxes each year on or before the 1st day of April. Section 4.11. Tax Assessor, Duties. The mayor and council shall appoint a tax assessor whose duty will be to value and assess all property in said city subject to taxation by said city. He shall prepare and make a final return of the assessments made by him to the city manager at such times as are prescribed by the mayor and council. He shall also have such further duties as may be prescribed by the mayor and council. Section 4.12. Notice of increased Value; Arbitration. (a) If the city tax assessor raises the valuation on property which is returned by the property owner, or if the city tax assessor raises the valuation on property not returned to an amount greater than the valuation placed thereon during

Page 2318

the preceding year, he shall give written notice thereof to the owner at his last known address, or in the case of unreturned property written notice of said increased value to the last known owner of said property at his last known address. (b) If any property owner is dissatisfied with the valuation made on his property by the city tax assessor, such property owner shall within ten days after written notice thereof has been mailed by said city tax assessor, file written notice with the city clerk of his dissatisfaction, and shall name in said notice one arbitrator, who shall be a free-holder of said city, to represent him in fixing the value of his property. Upon such notice being filed with said clerk, it shall be the clerk's duty to notify the city tax assessor of that fact, and it shall be the duty of the city tax assessor within three days after said notice has been filed with the clerk to name an arbitrator, who shall be a freeholder of the city, to represent said city in fixing the value of the property in dispute; the two arbitrators so selected shall be notified by mail by the city clerk of their selection within seven days of the filing of said notice by the property owner. Said two arbitrators shall select a third arbitrator who shall also be a freeholder of the city. In the event the two arbitrators fail to name the third arbitrator within ten days after the arbitrator of the city has been appointed, said third arbitrator shall be named by the judge of the Superior Court of Walker County, Georgia, most senior in term of office, which selection is to be made within ten days from the time he is given written notice of such duty by the city clerk. (c) Authority of Arbitrators. The board of arbitrators so constituted shall proceed within ten days from the date of the naming of the third arbitrator to meet and make their decision as to the value of said property, which decision shall be returned in writing to the city clerk and shall be final on both the city and the taxpayer for the tax year. (d) Written Notice, Defined. Written notice as used in this section is hereby defined as notice in writing addressed to the person to be notified at his last known address, as indicated

Page 2319

by the city records, if he is a taxpayer or registered voter; which notice is either to be mailed by regular United States Mail or to be served personally by any policeman of the city, at the option of the city. Section 4.13. Tax Levy. The mayor and council shall be authorized to levy an ad valorem tax not to exceed 20 mills on each dollar of taxable value on all property subject to taxation within the corporate limits of the City of LaFayette for the purpose of raising revenue to pay the costs of ordinary current expenses and for any other purpose now or hereafter authorized by the Constitution and laws of the State of Georgia, but not including principal and interest on general obligation bonds. In addition thereto the mayor and council shall be authorized to levy such annual ad valorem tax on each dollar of taxable value of such property as may be necessary to produce amounts required and sufficient to provide a sinking fund for the purpose of paying the principal of and interest on the bonded indebtedness of said city as required by law. Section 4.14. Tax Due Dates and Tax Bills. The mayor and council shall provide by ordinance when the taxes of the city shall fall due and in what length of time said taxes shall be paid. The mayor and council may provide by ordinance for the payment of taxes due to the city in installments, or in one lump sum, and when and how and upon what terms such taxes shall be due and payable, as well as to authorize the payment of taxes prior to the time when due. The terms and methods of payment and collection of city taxes shall be in the manner as the mayor and council may determine by ordinance. Section 4.15. Tax Execution, Interest, Costs. If said city taxes are not paid by the date the same become delinquent, then execution shall be issued in the name of the city by the city clerk. Said tax execution shall bear interest from said delinquent date at the rate of seven per cent per annum. A cost fee of $2.50 for issuance of the execution is hereby authorized which cost shall be added to said execution. Section 4.16. Collection of Delinquent Taxes. The mayor and council may provide by ordinance for the collection of

Page 2320

delinquent taxes by distress warrants issued by the clerk for the sale of goods and chattels to be executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from a justice of the peace, or by the city attorney acting in accordance with general laws providing for the collection of delinquent city or county taxes, or by any of the foregoing methods, and by the use of any available legal processes and remedies provided by State Law. A lien shall exist against all property upon which city property taxes are levied, as of the assessment day of the first day of January of each year, which shall be superior to all other liens except that it shall have equal dignity with those of the Federal, State or county taxes. Section 4.17. City Marshal. The chief of police of the City of LaFayette or the acting chief of police, if there be no chief of police, shall also serve as marshal of the City of LaFayette and shall be vested with all the duties and powers imposed upon him by this charter, ordinance and by the laws of the State of Georgia. Section 4.18. Additional Powers of Mayor and Council Regarding Tax Levy, Tax Assessment, and Collection of Taxes. The mayor and council shall have the power to enact all ordinances which may be necessary in order to effectively provide for the assessment, taxation, and collection of taxes not inconsistent with the provisions of this charter and the laws of the State of Georgia. Section 4.19. Licenses and Occupational Taxes. The mayor and council by ordinance shall have full power to levy such license and specific or occupation taxes upon the residents of the City of LaFayette, both individual and corporate, and on all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the mayor and council may deem expedient for the public health, safety, benefit, convenience, or advantage of the city; to classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such

Page 2321

licenses by execution or any other lawful manner; and to make laws and regulations necessary or proper to carry out the powers herein conferred, and to prescribe penalties for the violation thereof. Section 4.20. Sewer Service Charges. The mayor and council by ordinance shall have the right, power and authority to assess and collect fees, charges, and tolls for sewer services rendered both within and without the corporate limits of the City of LaFayette to provide for the cost and expense of providing for the collection and disposal of sewage through the sewerage facilities of said city. If unpaid, said sewer service charge shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 4.21. Sanitary and Health Service Charge. The mayor and council shall have authority by ordinance to provide for, to enforce, to levy and to collect the cost of sanitary and health services necessary in the operation of the city, from all individuals, firms and corporations residing in or doing business in said city benefiting from such service. Such authority shall include the power to assess, levy and collect annual or monthly sanitary taxes or fees in such amount or amounts, and based upon and in accordance with such classifications of property and/or sanitary service or services provided, as may be fixed by ordinance. Said sanitary taxes and assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed, and the owner or owners thereof, superior to all other liens except liens for county and city property taxes, and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 4.22. Special Assessments. The mayor and council shall have the power and authority to assess all or part of the cost of constructing, reconstructing, widening, draining, or improving any public ways, streets, sidewalks, sewers, or utility mains and appurtenances, against the abutting property owners, and to provide a method of payment

Page 2322

of such assessments and penalties for non-payment, under such terms and conditions as may be prescribed by ordinance. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided herein or by ordinance for city property taxes. ARTICLE III BORROWING Section 4.30. General Obligation Bonds. The mayor and council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter and the Constitution and laws of the State of Georgia. Such bonding authority shall be exercised in accordance with the laws governing bond issues by municipalities in effect at the time said issue is undertaken. Section 4.31. Revenue Bonds. Revenue bonds may be issued by the mayor and council as now or hereafter provided by the laws of the State of Georgia. ARTICLE III ACCOUNTING AND BUDGETING Section 4.40. Fiscal Year. The fiscal year of the city government shall begin on the first day of July of each year and shall end on the thirtieth day of June next following. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department or institution, agency and activity of the government, unless otherwise provided by State and Federal Law. The beginning date of the fiscal year may be changed by ordinance. Section 4.41. Preparation of Budgets. The mayor and council shall provide by ordinance the procedures and requirements

Page 2323

for the preparation and execution of an annual operating and a capital improvement budget. Section. 4.42. Scope of Annual Operating Budget. (a) The annual operating budget shall contain with respect to each of the operating funds of the government of the City of LaFayette to which they are applicable: (1) An estimate of the unencumbered fund balance or deficit at the beginning of the ensuing fiscal year, and the amount of any reserve for designated purposes or activities includable in the operating budget. (2) A reasonable estimate of revenues to be received during the ensuing year, classified according to source; provided, however, the estimated revenues from current and from delinquent property taxes shall not exceed the percentage collected of the total receivable from each such source during the last completed fiscal year, or the current fiscal year whichever is greater. (3) Proposed expenditures detailed by each department, board, commission, office, agency and activity in accordance with an established classification of accounts, including those capital outlays which are to be financed from the revenues of the ensuing year, and including all debt service requirements in full for such fiscal year payable from such fund. (4) Work programs and performance date in justification of proposed expenditures for each department, board, commission, office or agency. (5) Such other information as may be considered necessary or desirable or requested by the mayor and council. (b) In no event shall the total proposed expenditures from any fund exceed the total anticipated revenues plus the estimated unappropriated surplus, or fund balance, and applicable reserves and less any estimated deficit at the end of the current fiscal year.

Page 2324

Section 4.43. Submission of Budget to Mayor and Council. On or before a date fixed by the mayor and council but not later than forty-five (45) days prior to the beginning of each fiscal year, the city manager shall submit to the mayor and council a proposed budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget and such other comments and information as he may deem pertinent. A sufficient number of copies of the city manager's message shall be reproduced to furnish a copy to any person desiring one, and a copy of the budget in full shall be filed with the council and furnished to the mayor and each councilman. A summary of the budget shall be published in one newspaper of general circulation within the City of LaFayette. The operating budget and the capital improvement budget hereinafter provided for, the budget message and all supporting schedules shall be filed in the ofice of the city clerk and shall be open to public inspection. Section 4.44. Action by Mayor and Council on Budget. (a) The mayor and council may amend the operating budget proposed by the city manager; except, that the budget as finally amended and adopted must provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves and revenues, constituting the fund availability of such fund. (b) The mayor and council shall adopt the final operating budget for the ensuing fiscal year not later than fifteen days prior to the beginning of each fiscal year. If the mayor and council fail to adopt the budget by this date, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the mayor and council adopt a budget for the ensuing fiscal year. Such adoption shall take the form of an appropriation ordinance setting out the estimated

Page 2325

revenues in detail by source and making appropriations according to fund and by organized unit, purpose or acivity as set out in the budget document. (c) The amount set out in the adopted operating budget for each organizational unit, purpose or activity shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise encumbered balance of the appropriation, or allotment thereof, to which it is chargeable, except as provided in section 4.46 of this charter. Section 4.45. Property Tax Levies. As the next order of business following the adoption of the operating budget, the mayor and council shall levy by ordinance an annual tax on all real and personal property within the City of LaFayette which is subject to ad valorem tax. The tax rate set by such ordinance shall be such that reasonable estimate of revenues from such levy shall be at least sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated. Section 4.46. Additional Appropriations. The mayor and council may by ordinance make supplemental appropriations from revenues in excess of those estimated in the budget or make revisions in the operating budget at any regular or special meeting called for such purpose. Section 4.47. Lapse of Appropriations. All unencumbered balances of appropriations in the current operating budget shall lapse at the end of the fiscal year. Section 4.48. Capital Improvements Budget. (a) On or before a date fixed by the mayor and council but not later than forty-five (45) days prior to the beginning of each fiscal year, the city manager shall submit to the mayor and council a proposed capital improvements budget with his recomendations as to the means of financing the improvements proposed for the ensuing fiscal year. The mayor and council shall have power to accept with or without amendments or reject the proposed programs and proposed means of financing.

Page 2326

(b) The mayor and council shall adopt the final capital improvements budget for the ensuing fiscal year not later than the fifteen days prior to the beginning date of each fiscal year. No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided the city manager shall submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations thereon. Any such amendments to the capital improvements budget shall become effective upon only adoption by the mayor and council. ARTICLE IV PROCUREMENT AND PROPERTY MANAGEMENT Section 4.50. Contracting Procedures. The mayor and council shall prescribe by ordinance such rules and regulations as may be necessary to govern the authorization and execution of contracts which shall bind the City of LaFayette, except the city manager shall have such power as provided in chapter III, article II. section 3.23 (10) of this charter. All contracts and all ordinances or resolutions making contracts, or authorizing the same, shall be drawn by the city attorney or shall be submitted to him before authorization by the mayor and council. Except where otherwise provided by law, or by this charter or by ordinance of the council, all contracts of the city shall be signed by the mayor or mayor pro tem. or by some person designated by the mayor and council and shall be authenticated by the city clerk. Section 4.51. Centralized Purchasing; Competitive Bidding. The mayor and council may by ordinance set forth procedures for a system of centralized purchasing for the City of LaFayette. Section 4.52. Sale and Disposition of Property. (a) The mayor and council are hereby authorized to sell and convey any real or personal property owned or held by the City of LaFayette for governmental or other purposes, which is declared

Page 2327

obsolete, surplus or unusable; at public or private sale, with or without advertisement, for such consideration as said mayor and council shall deem equitable and fair to the city; provided, however, no public utility owned or operated by the City of LaFayette shall be sold by the mayor and council unless such sale shall first be approved by a majority vote of the electors of the City of LaFayette voting in a special election called and held for the purpose. (b) The mayor and council may quit claim 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 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 in the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the mayor and council may authorize the execution and deliverance 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 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 city has in such property, notwithstanding no public sale after advertisement was or is hereafter made. (d) The mayor and council may by ordinance provide a method of closing streets, disposition of said streets, by sale or otherwise, and all matters and procedures relative thereto. The mayor and council shall have the same authority and power regarding lanes and alleys not in conflict with the general law of this State.

Page 2328

CHAPTER V MUNICIPAL SERVICES AND REGULATORY FUNCTIONS ARTICLE I. MUNICIPAL SERVICES Section 5.10. Streets. (a) The mayor and council are hereby vested with the power and authority to open, lay out, grade, widen, construct, straighten, alter, relocate, pave, repave, curb, vacate, abandon, close and otherwise permanently improve any and all streets, sidewalks, alleys, ways and squares, and to maintain, relocate, repair, replace and remove streets, curbing, sidewalks, alleys, ways and squares, and to exercise complete control over the streets, alleys, ways, sidewalks and squares in the City of LaFayette. (b) The mayor and council are further vested with the power and authority to provide for the removal and disposition of any and all obstacles and nuisances in regard to the streets, alleys, ways and sidewalks and other public places within the city and are hereby empowered with the authority to adopt appropriate ordinances to accomplish these purposes. Section 5.11. Municipal Utilities. The mayor and council shall have the power and authority to acquire, own, hold, lease, build, maintain, and operate a system of waterworks, electric lights, sewerage and gas distribution; to establish rates and charge fees for services rendered to any of said systems; to finance any of said systems through appropriate bond issues in accordance with the laws of Georgia; to exercise the power of eminent domain in regard to any of said systems, both within and without the corporate limits; and to furnish the services of any said systems to consumers outside the corporate limits of the City of LaFayette, by contract or otherwise. Section 5.12. Sewers and Drains. The mayor and council shall have the power and authority to provide for the establishment,

Page 2329

extension and maintenance of a system of sewers and drains, together with a sewerage disposal system. This power includes the authority to extend said system beyond the corporate limits by contract or otherwise. For those purposes the City of LaFayette is granted the power of eminent domain within and without its corporate limits. The mayor and council may provide by ordinance for reasonable connections fees for tapping onto the water and sewer lines of said city and may compel citizens to tap onto the same when such service is made available. They may cause said connections to be made when the owners refuse, and issue executions for the amount so expended, which execution shall be special liens on the property connected with said water and sewerage systems from the date of the order of connection, and may be enforced and collected in the same manner as city tax executions or any general execution as provided by State Law. Section 5.13. Right-of-Way. The City of LaFayette shall have the right, easement and franchise of laying the necessary mains, pipe, conduits and drains for waterworks and sewerage system purposes and gas systems along the highways and county maintained roads in the County of Walker without cost; it shall have full power and authority to enact and enforce such rules, regulations and ordinances as may be necessary to protect the water basin and water shed, from which the water supply or any portion thereof is taken, from contamination and to protect said waterworks and sewerage system and gas system including the mains, pipes, and conduits, whether the same be situated within or without the corporate limits of said city. Said City of LaFayette shall likewise have the same powers and privileges with regard to its electrical system and the erection and maintenance privileges with regard to its electrical system and the erection and maintenance of poles, lines and other necessary apparatus in connection with said system. Section 5.14. Eminent Domain. The mayor and council are hereby empowered to acquire, construct, build, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries,

Page 2330

sewers, drains, sewerage treatment, waterworks, impoundments for storage of water, 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 or purposes, inside or outside the city, and to regulate the use thereof, and for such purposes, property may be taken under section 36-202 of the Code of Georgia, 1933, subject to such amendments as shall be enacted thereto or under any power or procedure of eminent domain now or hereafter provided by the General Assembly of Georgia. ARTICLE II. REGULATORY FUNCTIONS Section 5.20. Power to Regulate and License. The mayor and council shall have the power and authority to provide by ordinance for the registration and licensing of any trade, business, occupation, vocation, personal gain or profit of whatever nature, engaged in or carried on within the limits of the City of LaFayette, regardless whether or not the subject has an office or establishment within said city. The mayor and council shall be authorized to fix the amount, terms, and manner of issuing and revoking licenses, provided that this authority is subject to the Constitutions and Laws of the United States and the State of Georgia. This power is conferred for the purpose of regulation under the police powers of the city and for the purpose of raising revenue for the operation of the city government through the imposition of a tax or fee on the privilege of operating within the city. This authority extends over individuals, partnerships, associations, corporations and their agents. Secion 5.21. Franchises. The mayor and council shall have authority to exercise control over the use of streets of the City of LaFayette. The power is hereby conferred upon the mayor and council to grant franchises for the use of said citys' streets and alleys, for the purpose of railroads, street railways, telephone companies, gas companies,

Page 2331

electric companies, ambulance companies, taxicabs, community antenna television companies, and transportation companies. This franchise right extends to, but is not limited to, the erection of poles, stringing of wires, laying of pipe, lines or conduits both above and below the surface. The mayor and council shall determine the duration, provisions, terms, whether the same shall be exclusive or non-exclusive, and the consideration of such franchises; provided, however, that no franchise shall be granted for a period in excess of twenty years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The mayor and council shall provide for the registration of all franchises with the city clerk in the registration book to be kept by him. The mayor and council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 5.22. Planning and Zoning. (a) The mayor and council of the City of LaFayette, may, in the interest of public health, safety, order, convenience, comfort, prosperity or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purposes of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property; or for the purpose of regulating the height of buildings, fences or other structures; or for the purpose of regulating the alignment of buildings or structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and council of said city shall deem best to accomplish the purposes of the zoning regulations; in the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, or profession or other activity conducted or to be conducted upon the premises; the number of persons, families or other group units to reside in or use said building; the public, quasi public or private nature of the use of premises; upon any other base or bases relevant to the promotion of the public health, safety, order, morals, convenience, prosperity or welfare.

Page 2332

(b) The mayor and council of the City of LaFayette may by ordinance elect to use the powers and authority granted in the General Laws of Georgia and any amendments thereto (General Planning Enabling Act of 1957, Ga. L. 1957, p. 420 as amended) for the preparation and amendment of over-all plans for the orderly growth and development of said city; providing for the regulation of the subdivision of land; and for providing for the regulation of structures in mapped streets, public building sites, and public open spaces. Section 5.23. Building, Electrical, Plumbing Regulations. The mayor and council shall have the power and authority to enact such reasonable rules and regulations as they may deem necessary or expedient, regarding the construction of buildings, remodeling of buildings, plumbing, gas installation, and electrical wiring and equipping of buildings in order to promote the safety and welfare of its citizens and to guard against fire or other property damage. This power may, in the discretion of the mayor and council, be exercised by adoption of any such standard building, electrical, gas and plumbing codes as may be deemed appropriate. The mayor and council shall be empowered to engage the necessary personnel to enforce such rules and regulations as adopted, and to charge reasonable fees for inspection and permits; and may require the obtaining of a permit as a condition precedent to any construction, building, gas, electrical or plumbing work. The mayor and council may enact all ordinances necessary to enforce such rules and regulations. Section 5.24. Abatement of Nuisance. The mayor and council are hereby empowered to define a nuisance in the City of LaFayette and to provide for its abatement. The mayor and council of the City of LaFayette shall have jurisdiction of all nuisance abatement proceedings therein, unless under the ordinance said jurisdiction is granted to the recorder of the City of LaFayette. The mayor and council may provide by ordinance for any building, structure, or condition maintained in violation of any law of this State or any ordinance of the City of LaFayette, to be adjudged a nuisance and for its abatement at the owner's

Page 2333

expense upon his failure or refusal to abate the same within ten days after written notice from said city to do so. The mayor and council may be ordinance provide for the issuance of an execution for the expense of abatement which shall be a lien upon the property on which said nuisance existed, which execution may be enforced and collected in the same manner as city executions or in the same manner as general executions may be enforced and collected under State Law. Section 5.25. Additional Regulatory Functions. The mayor and council shall further have the power to enact any and all ordinances pertaining to licensing, zoning and planning, and building, electrical and plumbing regulations, under the authority of any and all General Laws of this State, as are deemed necessary and beneficial for said city by the mayor and council. Section 5.26. Penalties. The mayor and council shall have the right to fix by ordinance penalties for violations of any ordinances enacted under the authority of this Article and may also provide by ordinance methods of enforcing the same. CHAPTER VI ELECTIONS Section 6.01. Regular Elections; Time for Holding. The regular election for mayor, councilmen and recorder or councilmen, as the case may be, shall be held on the first Tuesday in December of each year. Officials elected at any regular election shall take office at the first regular meeting of the mayor and council of January next following such elections. Section 6.02. Qualification of Electors. Any person meeting the qualifications of an elector for members of the General Assembly under State Laws who has been a bona fide resident of the City of LaFayette for ninety days next preceding the election in which he desires to vote, shall be qualified to register as an elector in every city election held under this charter.

Page 2334

Section 6.03. Qualification of Candidate. Any person desiring to become a candidate in any city election must file written notice of his candidacy at the city hall with the election superintendent at least fifteen days but not more than forty-five days prior to the date fixed for the holding of such election in case of a regular election. To be eligible to become a candidate a person must meet all the requirements of the position contained in this charter. Section 6.04. Qualification Fees. The mayor and council may set reasonable qualification fees for candidates to help defray the cost of conducting the election. If such fees are set, said fees must be paid to the election superintendent at the time a candidate files his notice of candidacy. Said qualification fees must also be published in the election notice required under this charter. Section 6.05. Election Superintendent, Election Managers and Election Clerks. The mayor and council shall appoint annually an election superintendent and at least fifteen days prior to any election an election manager or managers, and an election clerk or clerks to conduct such election. The qualifications of said poll officers and the powers and duties of said officers shall be as prescribed by the Georgia Municipal Election Code. Section 6.06. Conduct of Elections, Notice. The mayor and council shall give notice of every regular election at least thirty days prior to the election by advertisement in a newspaper of general circulation in the city. The notice shall contain the time and place of holding the election, the offices to be filled, the qualification fee, if any, and any other questions to be voted on. No additional notice is required of a runoff election. Section 6.07. Time of Election, Ballots. The polls shall be open from 7:00 a.m. to 7:00 p.m. All voting shall be by ballot. Section 6.08. Place of Election. The place or places for holding elections shall be prescribed by mayor and council in the election notice.

Page 2335

Section 6.09. Voter Registration; Registrar. The City of LaFayette shall maintain its own voter registration. The mayor and council shall appoint a chief voter registrar, who may be the clerk of the city, and may also appoint such additional registrars as are deemed necessary by said mayor and council. Section 6.10. Registration Cards. All future registration will be done at the city hall with the chief registrar, or with such other registrars as are appointed, on a registration card as specified by the Georgia Municipal Election Code. Notwithstanding any other provision of this charter, any person who was qualified and registered to vote at the time of the enactment of this charter shall not be required to re-register under the terms of this charter unless such person should become disqualified to vote for reasons of having been purged from the list of electors, in which event, such person shall, in order to become registered to vote, re-register under the terms of this charter. Section 6.11. Purging of Electors' List. The registrar shall purge the list of electors in accordance with the terms and conditions and provisions of the Georgia Municipal Election Code. Section 6.12. Voter Registration; Deadline for Elections. If any person whose name is not on the municipal registration list desires to vote at any election, he shall at least fifteen days prior to the election in which he desires to vote apply to be registered as an elector. The registrar or registrars, as the case may be, shall cease taking applications to qualify persons to vote in such election fifteen days prior to such election. Section 6.13. Absentee Voting. The mayor and council may by ordinance provide for absentee voting in municipal elections held in the City of LaFayette. In the event the mayor and council do so elect to allow absentee voting, the rules, regulations and procedures therefor shall be in accordance with the provisions of the Georgia Municipal Election Code.

Page 2336

Section 6.14. Election by Majority; Runoff Elections. All elective city officers must be elected by a majority of the votes cast for the particular office in the regular election. If no one receives a majority of the votes cast for a particular office in a regular election, there shall be a runoff election between the two candidates receiving the highest number of votes. Such runoff election shall be held on the second Tuesday in December. Section 6.15. Matters Not Covered Herein Pertaining to Elections. At all times when the term Georgia Municipal Election Code is referred to in this charter, it shall be construed to mean the Georgia Municipal Election Code, Ga. L. 1968, pp. 885 et seq. (Title 34A of the Code of Georgia of 1933), and all matters of procedure and rules governing municipal elections not specifically covered herein shall be governed by said Georgia Municipal Election Code and amendments thereto. CHAPTER VII RECORDER'S COURT Section 7.01. Creation. There is hereby established a court to be known and designated as the Recorder's Court, City of LaFayette. Section 7.02. Place and Time of Session. Sessions of the Recorder's Court, City of LaFayette, shall be convened at the place designated by ordinance and at such times as designated by ordinance or at such times as deemed necessary by the presiding officer to keep current the docket thereof. Section 7.03. Recorder, Creation, Establishment of Office. Sessions of the Recorder's Court, City of LaFayette, shall be presided over by the recorder who shall be elected by the voters of the city and shall take office at the first regular meeting of the mayor and council in January of each year. In the absence or disability of the recorder or during any vacancy of the office of recorder, the mayor shall serve as recorder and shall be clothed with all of the

Page 2337

rights, powers and privileges of the recorder and shall perform the duties of the office of recorder so long as such absence, disability or vacancy shall continue. Section 7.04. Same; Qualifications. The recorder shall be a qualified voter of the City of LaFayette and shall have resided in the City of LaFayette at least one year immediately preceding the date of his election or appointment and shall continue to reside in the City of LaFayette during his term of office, and shall have attained the age of twenty-five years. Section 7.05. Same; Oath. Before entering on the duties of his office, the recorder shall take such oath as the mayor and council may prescribe by ordinance. Section 7.06. Same; Term. The recorder shall serve for a term of two years; and until his successor is elected and qualified. Section 7.07. Same; Compensation. The compensation of the recorder shall be fixed by the mayor and council; however, the same shall not be less than $100.00 per month. Any reduction in the compensation of the recorder shall not be effective during the term in which said reduction is eneacted. Section 7.08. Same; Vacancy. The office of recorder shall become vacant upon the incumbent's death, resignation, removal from office in any manner authorized by law or forfeiture of his office, or when he ceases to reside within the corporate limits of the City of LaFayette. Vacancies shall be filled by appointment by the mayor and council for the remainder of the unexpired term. Section 7.09. Jurisdiction, Punishment and Penalties. The recorder shall have power to try all cases and violations against the laws and ordinances of the City of LaFayette and to punish offenders by imposing fines to an amount not to exceed $500.00, to imprison offenders for a period not more than ninety (90) days, or at labor on the roads and streets or other public works of the City of

Page 2338

LaFayette for not more than ninety (90) days; and the recorder shall have the power and authority to impose any one or more of these punishments for each violation of any law or ordinance of the City of LaFayette when he shall find the facts of the case so justified. The Recorder's Court, City of LaFayette, is specifically invested with all jurisdiction and powers within the corporate limits of the City of LaFayette granted by State laws generally to mayors, recorders and police courts except that the Recorder's Court, City of LaFayette, shall have jurisdiction in respect to the trial and abatement of all nuisances in said city only when authorized by ordinance. Section 7.10. Contempt. The recorder shall have authority to punish for contempt against his lawful authority whether in his presence or otherwise, and punishments may be inflicted at the discretion of the recorder for contempt by fine not exceeding $50.00, or by imprisonment not exceeding five (5) days, either or both, at the discretion of the recorder. Section 7.11. Summons, Subpoena. The recorder shall have authority to issue summons and subpoenae for witnesses and to compel their attendance whether residents of the city or not; to issue subpoena duces tecum for witnesses and the production of books and papers whether in the city or not, and compel their production; and to punish, as for contempt, failure to obey his legal summons and subpoenae and orders. Section 7.12. Execution, Levy, Sale to Enforce Collection of Fine. Whenever any person is convicted and sentenced to pay a fine or when the payment of a fine is a portion of the sentence, and said person fails to or refuses to pay said fine, the collection thereof shall be enforced by execution, levy and sale in the same way and manner as the collection of taxes is enforced in the City of LaFayette. Section 7.13. Warrants. The recorder shall have authority to issue warrants for violations of the laws and ordinances of the City of LaFayette which are committed within

Page 2339

the corporate limits of said city, which warrants may be executed by any police officer of said city. Section 7.14. Appearance Bonds; Amount, Conditions, Effect. The chief of police or any policeman of the city shall release any person arrested for a violation of the laws and ordinances of the city, upon said person giving a bond with good and sufficient security to be approved by the chief of police or assistant chief of police or such other person as may be designated by ordinance to approve appearance bonds, payable to the mayor of the City of LaFayette in amount fixed by the person designated to approve said bonds, for the personal appearance of such person before the Recorder's Court, City of LaFayette, at the time and place therein specified, to answer the charges against him, and from time to time until the principal in such bond is tried and the case disposed of, and not to depart from the City of LaFayette except by leave of the court. Section 7.15. Same; Forfeiture. In the event the principal fails to appear before the Recorder's Court, City of LaFayette, as stipulated in his appearance bond, said bond shall be forfeited in said Court and the presiding officer thereof shall have the power and authority to order the principal in said bond rearrested and placed in the city jail or guardhouse or such other place as offenders are imprisoned by said city until his case may be tried and disposed of, or to admit the defendant to bail as the recorder may deem proper. Section 7.16. Right of Appeal; Prerequisites. Any person convicted of violating any of the laws and ordinances of the City of LaFayette shall have the right of appeal to the Superior Court of Walker County, Georgia; provided, all costs are first paid to the city clerk, who shall, upon payment thereof, certify in writing that the same has been paid and the bond and security given in double the amount of the fine imposed, to personally appear, stand and abide by the final judgment in said case; and if no fine is imposed and the defendant is imprisoned or sentenced to work on the streets or other public works in said city,

Page 2340

then a bond shall be given in the amount which shall be fixed by the recorder in his sound discretion. Section 7.17. Same; Rules and Regulations Applicable. An appeal to the superior court shall be de novo proceeding and shall be governed under the same rules and regulations, except as otherwise provided therein, as are provided by the laws for appealing cases from the court of ordinary to the superior court. Section 7.18. Same; Bonds to be approved. All bonds given in appeal cases shall be approved by the recorder. Section 7.19. Same; Affidavit in Lieu of Bond. Nothing in this article shall prevent the defendant if he wishes to appeal his case from filing an affidavit in forma pauperis in lieu of giving bond and security and the payment of the costs. Section 7.20. Same; Affidavit; Bond to Act as Supersedes. Upon the affidavit provided for in section 7.19 being given or bond provided for in section 7.18 being given and approved, the same shall act as a supersedes of the judgment sought to be reviewed by appeal, until the final judgment is rendered in said case. Section 7.21. Costs. Upon the conviction of any person for the violation of any law or ordinance of the City of LaFayette, the recorder may, in his discretion, tax the costs of the proceedings against the person convicted and the costs shall be computed under the provisions of the laws of the State of Georgia fixing costs in the justice of the peace courts of said State, except that the mayor and council of the City of LaFayette may establish a schedule of fees to defray the cost of operation of the Recorder's Court, City of LaFayette, and in that event the costs shall be computed based upon the schedule of fees established by the mayor and council of the City of LaFayette; and the collection of the costs shall be enforced in the same manner as provided for collection of fines in section 7.12. Section 7.22. Rules for Recorder's Court. Except as otherwise provided herein, the recorder shall have full power

Page 2341

and authority to make rules and regulations necessary and proper to secure the efficient and successful administration of the business of said court; provided, however, the rules of evidence applicable to the superior courts of this State shall apply in the recorder's court of the City of LaFayette. CHAPTER VIII MISCELLANEOUS PROVISIONS Section 8.10. Initial Election of Mayor, Council and Recorder. The mayor, members of city council and recorder in office at the date of adoption of this Act will serve out the term for which they were elected, or appointed, as the ase may be, notwithstanding the fact that more than one councilman may live in one ward as herein designated and no councilman may be living in some ward or wards as hereinafter designated. Any vacancy occurring in any of said elected offices before the expiration of the terms for which those who are in office at the date of adoption of this Act has expired shall be filled for the remainder of said term by appointment by the mayor and council with no ward residency requirements applying to such appointments. At the next regular municipal election to be held in the City of LaFayette in 1969 there shall be elected three councilmen, one from the third ward, one from the fourth ward, and one from the city at large, for terms of two years; at the next regular municipal election to be held in the City of LaFayette in 1970 there shall be elected a mayor, a recorder, and two councilmen, one from the first ward and one from the second ward, for terms of two years. Section 8.11. Official Bonds. The officers and employees of the City of LaFayette, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the mayor and council may from time to time require.

Page 2342

Section 8.12. Amending Charter. Except in the particulars hereinbefore specifically provided for, the terms and provisions of this charter may be hereinafter modified, rescinded, changed, or amended by: (a) The General Assembly of Georgia; (b) Any procedure authorized by the laws of Georgia as the same may now or hereafter exist. Section 8.13. Existing Ordinances and Regulations. Existing ordinances and resolutions of the City of LaFayette not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified or amended by the mayor and council. Existing rules and regulations of departments or agencies of the City of LaFayette not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified or amended. Section 8.14. General Laws May be Used. The mayor and council, in their discretion, may elect to use the provisions of any general laws of the State in addition to or instead of the provision of this charter. Section 8.15. Section Captions. The captions to the several sections of this charter are informative only and are not intended to be considered as a part thereof. Section 8.16. Severability. If any article, section, subsection, paragraph, sentence or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independently of each other. Section 8.17. Effective Date. This Charter shall be effective on and after April 30, 1969. Section 8.18. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2343

APPENDIX I BOUNDARIES OF THE CITY OF LAFAYETTE , GEORGIA The boundaries of the City of LaFayette shall be as follows: Beginning at the original southeast corner of Land Lot No. 83 in the 7th District and 4th Section of Walker County, Georgia, and from said beginning point running thence north along the original east line of Land Lot No. 83 and continuing along the original east line of Land Lot No. 62, in said district and section to the point where the original east line of said Land Lot No. 62 is intersected by the north right-of-way line of State Route No. 143, commonly known as the LaFayette-Dalton Highway; thence in a southeasterly direction along and with the north line of said State Route No. 143 a distance of 760 feet to the point where the north line of said State Route No. 143 is intersected by the east line of a forty foot road which leads into Skyline Heights subdivision, which road is now known as Sunrise Drive; thence northeasterly along and with the east line of said forty foot road a distance of 840 feet; thence north 80 feet to the north original line of Land Lot No. 61 in said district and section; thence continuing into Land Lot No. 48 in said district and section a distance of 300 feet; thence east 515 feet; thence north 327 feet; thence east 188 feet to the east boundary line of Skyline Heights subdivision; thence north 01 degree 15 minutes west a distance of 2,010 feet to the north original line of said Land Lot No. 48; thence continuing north 01 degree 15 minutes west into Land Lot No. 25, said district and section, a distance of 972 feet to an iron stake in the north boundary line of the lands of Paul W. Baker, Jr., formerly owned by James C. Wardlaw; thence west 605 feet; thence south 27 degrees west 893 feet to the north original line of said Land Lot No. 48; thence south 15 degrees west 1376 feet to an iron pin; thence south 88 degrees 45 minutes west 770 feet to a point on the original west line of said Land Lot No. 48, the same being the original east line of Land Lot No. 47 in said district

Page 2344

and section; thence north along the original east lines of Land Lot No. 47, Land Lot No. 26 and Land Lot No. 11 in the 7th District and 4th Section of Walker County, Georgia, to the original northwest corner of said Land Lot No. 11; thence west along the original north line of said Land Lot No. 11 to the original northwest corner of said Land Lot No. 11; thence north along the original east line of said Land Lot No. 315 in the 8th District and 4th Section of said State and county to the northeast corner of said Land Lot No. 315; thence west along the original north lines of Land Lot No. 315 and Land Lot No. 316 in the 8th District and 4th Section of Walker County, Georgia to the original northwest corner of said Land Lot 316; thence south along the original west line of said Land Lot No. 316 to the original southwest corner of said Land Lot No. 316; thence west along the original north line of Land Lot No. 8 in the 7th District and 4th Section of Walker County, Georgia to the original northwest corner of said Land Lot; thence south along the original west lines of Land Lot No. 8, Land Lot No. 29, Land Lot No. 44, Land Lot No. 65, and Land Lot No. 80 in the 7th District and 4th Section of Walker County, Georgia to the original southwest corner of said Land Lot No. 80; thence east along the original south line of said Land Lot No. 80, the same being the north line of Land Lot No. 101 in said district and section, to a point which is 1740.1 feet west of the original northeast corner of Land Lot No. 101; thence south 01 degree 30 minutes east 891.7 feet to an iron pin; thence north 86 degrees 10 minutes west 609.3 feet to an iron pin; thence north 75 degrees 30 minutes west 260 feet to an iron pin located on the easterly line of Broomtown Road; thence south 00 degrees 30 minutes east along the easterly line of Broomtown Road 200 feet to an iron pin; thence south 73 degrees 20 minutes east 1,903 feet to an iron pin; thence north 04 degrees east 143.9 feet to a post located in the center of a branch; thence easterly and southeasterly along the center line of said branch a distance of 320 feet, more or less, to the point where the center line of said branch intersects the westerly right-of-way line of the Central of Georgia Railway Company; thence north 27 degrees 20 minutes east along the westerly right-of-way line of said Railway Company

Page 2345

1260.6 feet to the original east line of said Land Lot No. 101; thence north 01 degree 30 minutes west along the original east line of said Land Lot No. 101 a distance of 445 feet to the original northeast corner of said Land Lot No. 101; thence east along the original south lines of Land Lot No. 81, Land Lot No. 82 and Land Lot No. 83 in said 7th District and 4th Section of said State and county to the southeast corner of said Land Lot No. 83, the same being the beginning point. There is hereby expressly excepted from the territory enclosed in the above boundary lines the area therein which is within the corporate limits of the Town of Linwood as described in the charter of said Town of Linwood approved August 19, 1907, Ga. Acts 1907, p. 753. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1969 Session of the General Assembly of Georgia, a bill creating a new charter for the City of LaFayette, and for other purposes. This 3rd day of February, 1969. Mayor and Council of the City of LaFayette By: Norman S. Fletcher City Attorney of City of LaFayette Georgia, Walker County. Personally, before the undersigned officer duly authorized to administer oaths, appeared E. P. Hall, who, on oath deposes and states that he is the publisher of the Walker County Messenger, the newspaper in which sheriff's advertisements for Walker County, Georgia, are published; that the advertisement Notice of Intention to Introduce Local Legislation which is hereinafter set forth was duly

Page 2346

published in said newspaper on the dates of February 5, February 12, and February 19, 1969. /s/ E. P. Hall Publisher, Walker County Messenger Sworn to and subscribed before me, this 20th day of February, 1969. /s/ V. Willadean Smith, Notary Public, Walker County, Georgia. My Commission expires December 4, 1970. (Seal). Approved March 26, 1969. CITY OF MURRAYVILLEINCORPORATED, REFERENDUM. No. 147 (House Bill No. 584). An Act to incorporate and grant a charter to the City of Murrayville; to prescribe the corporate limits; to provide for the corporate powers; to provide for all ordinances, rules, regulations and resolutions; to provide the form of government; to establish a corporate seal; to declare and constitute the rights and powers of said corporation; to provide for legal publications; to establish fire limits; to establish a fire department; to establish a police department; to provide the rights and powers, duties and liabilities and qualifications of all officers; to provide for the manner of their election and removal from office; to provide for the qualifications of all electors and voters therein; to provide for the registration of the qualified voters thereof; and for the registration books of said city and when same shall be opened and closed; to provide for the recorders court and the appointment of a Judge thereof; to provide for the trial and punishment of all offenders against the laws of the city; to establish

Page 2347

the qualifications and election of the mayor and councilmen; to provide an oath of office for the mayor and councilmen; to provide for the designation of mayor pro tempore; to provide for the meetings of the mayor and councilmen; to provide for a quorum; to provide for the salaries for city officials and employees; to establish the powers of the mayor and councilmen; to provide for the enactment of all necessary ordinances, rules and regulations, and to provide penalties for the violation thereof; to provide for the enforcement of ordinances, rules and regulations; to provide for appearance bonds; to provide for forfeiture of appearance bonds; to authorize and empower the city to operate, maintain and furnish utilities within and without the corporate limits; to require a referendum on sales of utilities; to provide for the fiscal year; to provide for the submission of an annual budget; to provide for the use of loans, transfer of funds and deficiency appropriations; to provide for an audit of finances; to provide for ad valorem taxation; to provide for collection of business licenses; to provide for execution; to provide for condemnation; to provide for the improvements of streets; and assessments therefor; to authorize zoning ordinances and regulations and to provide a procedure therefor; to establish a board of zoning appeals and to provide for appeals therefrom; to provide for a referendum for the adoption of this Act; to provide the procedure connected therewith; to repeal conflicting laws; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Charter; Name and Style. This Act is a charter and shall constitute the whole charter of the City of Murrayville, Georgia. The City of Murrayville, Georgia, in the County of Hall, and the inhabitants thereof are hereby constituted and declared a body politic incorporate by the name and style of the City of Murrayville, Georgia, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded in all actions in all the courts of law and equity.

Page 2348

Section 2. Corporate Seal. The city shall have a corporate seal which shall consist of a round metal stamp with the words, City of Murrayville, Hall County, Georgia, Corporate Seal, so fixed and arranged in such metal stamp that said seal can be impressed on documents and written instruments to which the city is a party. The city clerk shall have custody of the corporate seal and shall impress documents therewith when duly authorized. Section 3. Territorial Boundaries. The corporate limits of the city shall be as follows: The center of said city shall be the Post Office located on Georgia Highway #60 and more fully described as follows: Beginning at the intersection of Earnest Stowers Road and Georgia Highway #60, which intersection is 1.6 miles more or less northeast of the United States Post Office in Murrayville, Georgia, located on Georgia Highway #60; thence 0.5 miles (2,640 feet) along Earnest Stowers Road to a point; thence in a southeasterly direction to the corner of Land Lots #80, 81, 88, and 89; thence along the south line of Land Lot #80 in an easterly direction and across Georgia Highway #115 to the corner of Land Lots #80, 81, 64, and 65; thence in a southerly direction along the east line of Land Lot #81 to the center of Gin Branch; thence along the center of Gin Branch in a south and southeasterly direction through Land Lots #64, 63, and 58 1.5 miles more or less to Hopewell Church Road; thence in a southerly direction along Hopewell Church Road 1.3 miles more or less through Land Lots #58, 59, 62, 60, and 61 to Georgia Highway #60; thence in a westerly direction along Georgia Highway #60 to the point where the east line of Land Lot #61 crosses said Georgia Highway #60; thence southerly along the east line of Land Lot #61 to the corner of Land Lots #60 and 61; thence along the south line of Land Lot #61 in a westerly direction, which line is the district line between District 10 and District 11 to the center of Squirrell Creek; thence in a northwesterly direction up the center of Squirrell Creek 0.85 miles more or less through Land Lots #61 and 84 to the south line of Land Lot #83; thence west along the south line of Land Lot #83 and Land Lot #86 to the center of Bark Camp Road; thence in a northerly direction along Bark Camp

Page 2349

Road to the intersection of Graham Road; thence along Graham Road 0.4 miles more or less to the east line of Land Lot #107; thence in a northerly direction along the east line of Land Lot #107 to the corner of Hugh Grady Smith Estate; thence in an easterly direction in Land Lot #86 along Hugh Grady Smith property line, to a corner; thence along Hugh Grady Smith property line as of January 1, 1969, in a northerly direction through part of Land Lot #86, and all of Land Lot #87; thence west along the north line of Land Lot #87, which line is the district line between Big Hickory G.M.D. 803 and Bark Camp G.M.D. 569 to the Fannie Ellis property corner; thence along the Fannie Ellis property line in Land Lot #88 as of January 1, 1969, in a northeasterly direction to Yellow Creek Road; thence in a northwesterly and westerly direction along Yellow Creek Road 0.7 miles more or less to the northeast corner of Harold Kanady's lot; thence in a southerly direction 210 feet more or less; thence in a westerly direction 210 feet more or less to Yellow Creek Road, (this is to include Harold Kanady's House Lot which is in Land Lot #105 as of January 1, 1969); thence along Yellow Creek Road 0.3 miles more or less to the intersection of Earnest Stowers Road; thence in an easterly direction along Earnest Stowers Road 0.5 miles more or less to Georgia Highway #60 the point of beginning and containing the town limits of Murrayville, Georgia, as shown by a plat made by Patton-Pless and Associates, Registered Surveyors, dated November 1968, which said plat is by reference hereto made a part hereof. Section 4. Legal Publication. After being read in the council meeting all ordinances shall be published at least once in a newspaper of general circulation within the city and, in addition, a copy shall be posted on the bulletin board in the lobby of the city hall for a period of at least five days; the newspaper publication of such ordinances may be by title only, but in such event it shall give notice that a complete copy of such ordinance shall be posted as hereinabove provided; no ordinance shall come up for passage prior to the expiration of the aforementioned five-day period.

Page 2350

Section 5. Fire Limits. The city council shall by ordinance establish fire limits, enlarge or reduce same as the safety of the city requires. When fire limits are established it shall be lawful to prohibit the erection of any structure therein of any substance except incombustible material, or such as may be allowed by ordinance. Section 6. Real Estate. The city shall have power and authority to rent, lease, buy, sell, or otherwise hold or dispose of any or all of its buildings, parks or other real estate for a fair and adequate consideration. Section 7. Conveyance of Franchise. No franchise granted by said city may be sold, transferred, leased, or assigned to or used by anyone other than the grantee without adequate compensation and written consent of the city council. Section 8. Specific Powers Enumerated. The city shall have power and authority to: (a) Buy and sell water and gas at cost or for a profit, both within and without the territorial boundaries of the city. Erect, establish, and operate all facilities including lines, mains, pipes, machinery, plants, and structures necessary for the maintenance and operation of such utilities, including the repair and replacement of the same. (b) Adopt ordinances binding on everyone within the city to protect the health, peace, safety, good order, dignity, and general welfare of the city and the inhabitants hereof. (c) Exercise complete control over all the public streets, roads, ways, drives, lanes, alleys, sidewalks, crossings, and parks of the city. They shall have full and complete power and authority to open, curb, locate, relocate, replace, work, straighten, abandon, close, drain, pave and repave the same, or cause the same to be done. (d) Establish a system of numbering houses in the city, and to assign appropriate street numbers to the various

Page 2351

houses on the various streets, alleys, roads, lanes, drives, and ways of the city, and to compel said houses to be properly numbered. (e) Control by ordinance the time, manner, terms, conditions, and places of all sewer connections and how much surface or drainage water may flow into such sewers, and the terms and conditions on which it will be permitted, and at what points, and generally all matters relating to the construction, use, control, maintenance, repair, replacement, improvement, and removal of sewers and sewer connections, and the cutting and replacing of pavement and other adjacent structures shall at all times be under the control and regulation of the city council in its fair and legal discretion. (f) Control by ordinance the construction, maintenance and removal and replacement of all city culverts, pipes, sewers, drains, private drains, water closets, urinals, privies, toilets, and the like, and provide for their location, structure, size and use, and pass such ordinances concerning them and their use, in all particulars, as may be deemed best for the health, comfort and general welfare of the inhabitants of the city. The city council shall have power and authority to prescribe by ordinance the kind of water closets, urinals, privies, and plumbing which shall be used in the corporate limits, and to condemn and compel the disuse of same when they shall become and are declared a nuisance by a court having jurisdiction. The city council shall also have power and authority to compel the owner or owners of property within the city to connect water closets, sinks, commodes and urinals on their property with the sewers and sanitary system of said city when such property is located within a reasonable distance of such sewer, and under such rules and regulations as may be prescribed by ordinance. If any property owner shall fail or refuse to make connections as required by city ordinance or resolution, such owner shall be punished as provided by ordinance. (g) Contract with other municipalities and political subdivisions, and to cooperate with the other municipalities

Page 2352

and political subdivisions, in acquiring, establishing, constructing, building, maintaining and/or operating such garbage disposal, water, sewerage, gas plants, lines and/or facilities, and streets, sidewalks and parks with and/or without the limit of the city, as well as library and other institutions, utilities and/or services, as the city council may at any time deem for the best interest of said city. (h) Levy, assess and collect taxes to raise sufficient revenue to pay for the improvements, services, equipment and/or facilities provided for in any contract or agreement to which the city is or may become a party. (i) Issue and sell bonds for the purpose of paying bonds of the city and interest thereon, and for any public or other purpose allowed by the Constitution and Laws of this State, and to issue and sell revenue anticipation certificates as now or hereafter allowed by law. (j) Provide by ordinance for reporting all property in the city subject to taxation by the city, whether such property be realty or personalty, tangible or intangible, and to require all persons owning such property to file a written statement and description of such property with the fair market value thereof under oath. (k) Prescribe by ordinance a penalty for failure to make such return or report within the time prescribed by ordinance; provided such penalty shall not exceed the sum of double the amount of tax levied against such person or taxpayer failing to make or file such return. Such penalty shall be a lien upon property of the defaulter and shall be collected in the same manner as the taxes of the city. Such penalty shall be established at the discretion of the mayor and council at the time taxes are levied. (l) Assess the costs of sewers against abutting lots of real estate and the owners thereof on each side of a street in which such sewer is laid or constructed, and the owners of such abutting real estate shall have the right to have the drains from their abutting lots connected with such from their abutting lots connected with such

Page 2353

sewer at their cost under such rules and regulations as the city council may prescribe by ordinance. (m) Control and/or prohibit the manufacture and/or sale of all alcoholic beverages, and to tax, license, regulate and control hotels, boardinghouses, apartments, restaurants, theatres, dance halls, athletic and sporting events and places, and all other entertainment activities and places, regulate the operation of all vehicles used for pleasure or business, and garages, mills, factories, ginneries, gas and water companies; regulate the use of its streets for all purposes, and prevent their use for business, or regulate business use by taxation and otherwise, including the right to impose a reasonable license tax for use of streets for business purposes; to prevent stock and poultry from running at large, and to seize and impound any domestic or wild animal or fowl found at large within the city limits; and to provide by proper ordinance for the redemption or sale of the same; and to adopt such ordinances as may be considered necessary to carry out the provisions of this Act. (n) Grant franchises, easements and rights-of-way over, in, under, and on public streets, lanes, alleys, sidewalks, parks, and other property of said city on such terms and conditions and for such lengths of time as it may fix; provided, such grant may require fair and adequate compensation to be provided for in the franchise ordinance; and provided further, that no such franchise shall be granted until notice has been published at least one time one week preceding the week in which the city council meets to consider such application, stating the nature of the franchise, the streets, lanes, alleys, sidewalks, parks or other property on or through which it is desired, the terms of such grant and the time at which the city council will act upon such application. (o) Employ or cause to be employed a certified public accountant to examine and audit all books of account and pertinent records of all officers, employees, and agencies of said city relative to the financial affairs of the city whenever and as often as the city council shall consider

Page 2354

proper, and shall fix his compensation. The compensation of such account may be fixed on an hourly or other basis before, after, or at the time of his employment. It shall require at least one examination and report every year. (p) Pave or otherwise improve the whole or any part of any street, sidewalk, or alley of said city, without giving any railroad company, or other property holder or occupant on the street the option to pave or otherwise improve the same or any part thereof by themselves or by contract. (q) Define a nuisance in the city and provide for its abatement. The recorder's court of the city shall have jurisdiction of all nuisance abatement proceedings in the city. (r) Remove any building, stall, booth, tent, awning, steps, gate, fence, post, wire, stump, tree, structure, pole, or other obstruction or nuisance in a public street, sidewalk or way or so near thereto as to constitute a defect or render the city liable in damages for not removing it, or cause the aforesaid to be removed at the owner's expense if the owner shall fail or refuse to remove the same within such reasonable time as may be fixed by order of the city recorder, or mayor when acting as recorder, and execution shall issue against said owner for the expense thereof as in case of executions for unpaid taxes, and said owner shall also be subject to punishment for maintaining a nuisance. (s) Regulate, lay out, open, relocate, straighten, improve, grade, and control old and new streets, lanes, alleys, street curbing, street crossing, and sidewalks, and no person or corporation shall at any time hereafter lay out, locate, relocate, open, extend, or close any street, land, road, alley, way, sidewalk, park or square contrary to the plan of the city nor without the consent of the city council, and any application for this purpose shall, with an appropriate plat, first be filed with the city engineer or such officer as the city council may designate by ordinance, and notice thereof shall be given the public or parties in interest by publication of notice as required by law and the ordinances

Page 2355

of the city. If such application is granted, the owner shall relinquish all rights and titles to the area involved and the same shall pass to and become vested in the city, and all management and control over the same shall pass unequivocably to the city. (t) Impose and collect a license and a tax on dogs within the city in such a manner and mode as it may deem best. (u) License electricians, plumbers, contractors and others and to require examinations as conditions precedent to granting of such license; create examining boards and prescribe by ordinances the minimum requirements in such examinations, and to appoint the members of such boards. (v) Condemn or cause worn out sewers, street, pavement, street curbing, or sidewalks within the city to be condemned, reconstructed, replaced or repaired, as the case may require, at the expense of owners of lots of real estate abutting thereon (or against the real estate and owner or owners thereof for whose sole benefit such improvement exists in the case of sewers laid solely for the benefit of persons other than owners of real estate abutting thereon), and assess the cost thereof (or in case of street paving such part of the costs as the city council shall deem just and proper) against such abutting lots of real estate and the owners thereof (or in cases of sewers constructed solely for the benefit of a person or persons other than abutting lot owners against other real estate, and the owners thereof for the sole benefit of which such sewer exists), as in the case of original construction of the same kind of improvements. (w) Provide, by ordinance, a civil service system for city officers and employees and/or provide by ordinance for a system of retirement for city officers and employees, which retirement system may be that of old age and survivor's insurance. (x) Regulate the subdivision of land in the city by requiring and regulating the preparation and presentation

Page 2356

of preliminary plats, by establishing minimum improvements to be made or to be guaranteed to be made by the subdivider by setting forth the procedure to be followed by the planning commission in applying rules, regulations, and standards, and by providing for penalties for violation of aforesaid rules, regulations and standards. Section 9. Regulating Vehicular Traffic. The city shall have power and authority to regulate vehicular traffic and relieve congestion of the same by use of devices known as parking meters, by means of which the time a vehicle occupies a designated area for parking in a street is measured by a timing device which is operated by depositing a coin therein, and to use the proceeds from the operation of parking meters to pay for off-street parking facilities or to contract with one or more other persons, firms, or corporations to provide such off-street parking facilities, and to rent such facilities and use the rents therefrom to further provide off-street parking for all kinds of vehicles. Section 10. NuisancesOrder Adjudging and Abatement. The city shall provide by ordinance for any building, structure, or condition maintained in violation of any valid law of this State or any valid ordinance of the city to be adjudged a nuisance and for its abatement at the owner's expense upon his failure or refusal to abate same within ten days after written notice from the city do so do. Section 11. SameAbatement Notice to Non-Residents. In nuisance abatement proceedings by said city in the recorder's court of said city, where the nuisance consists of a condition or conditions of property of an individual residing without the limits of the city or of a corporation having its office without the limits of the city, notice shall be served upon such owner or his agent within Hall County, if either can be found within the county, but if said owner cannot be served in such manner, a warrant for the arrest of such individual owner shall issue against such owner and shall be executed by any sheriff, deputy sheriff, constable, marshal, policeman or coroner of any city, town or county in this State, and the city recorder of Murrayville shall cause such nuisance to be abated at the expense of

Page 2357

such owner, and an execution for such expense shall be issued by the city clerk, which execution shall be levied on any real estate or personal property of the accused which may be located within the city or wherever it may be found, and such expense and execution shall constitute a lien against all property of such accused owner, which lien shall be prior and superior to all other liens except liens for taxes. Property levied upon under such action shall be advertised and sold as property is sold for taxes in the city, unless such levy is arrested by affidavit of illegality or other appropriate proceedings, and all further proceedings in relation to such execution shall be the same as in case of executions of the city for street paving costs and similar assessments. Section 12. Subpoena power generally. The city council, recorder's court, all boards, commissions, committees or other agencies of the city charged with the administration of the affairs of the city (excluding individual officers, except in cases in which they are specially authorized by law or ordinance) shall have power and authority to compel the attendance of witnesses and the production of relevant and admissible documents in proper cases, and any person failing or refusing to attend as a witness or to produce relevant and pertinent documentary evidence within his power, custody or control when duly notified or called upon to do so in a proper case shall be subject to punishment prescribed by ordinance of the city. Section 13. ExecutionsIssuing and carrying out. All executions for the enforcement or collection of fines, assessments, forfeitures, public improvement costs or other claims, demands, or debts, except ad valorem taxes, shall be issued by the city clerk and bear teste in the name of the mayor or mayor pro tempore (unless otherwise provided), and shall be directed to the city marshal, chief of police, all police officers of the city, and to all and singular the sheriffs and constables of this State, and shall state the purpose or purposes for which issued, and shall be made returnable to the city council ninety (90) days after the date of its issue; and it shall be the duty of the city marshal or other levying officer into whose hands such executions are placed to levy the

Page 2358

same, to advertise the sale of the property so levied upon, and to sell the same in the same manner as sheriff's sales of real estate and constable's sales of personal property, are levied, advertised, and sold under common law executions, as nearly as is practicable. In such cases, the defendant in execution shall have the right to file an affidavit of illegality if such execution shall have issued illegally or if it is proceeding illegally in either of which cases such execution shall be returned by the levying officer in the Superior Court of Hall County for trial as in other cases of affidavit or illegality; provided bond shall be made as in other cases of illegality. Such sale shall have the same force and effect as a sheriff's or constable's sale of similar property, and the officer making such sale shall have the same power as a sheriff to put purchasers in possession. Whenever at any such sale no one present shall offer as much for the property levied upon as the amount of such execution together with all interest and costs thereon, after such property shall have been offered a reasonable time the city, through its authorized agent, shall bid on such property and shall purchase the same on behalf of the city for not more than the amount of such execution and costs, if the value of such property is sufficient to cover such principal, interest and cost, and the marshal or other officer making the sale shall make and deliver to the city a deed to the property so sold, and the title thus acquired by the city shall be and become perfect and valid when the owner's right of redemption, if any, shall have expired, and the marshal or other officer making the sale shall put the city in possession, and the city council shall have no right or authority to divest or alienate the title of the city to the property so purchased except by public sale for cash to the highest bidder in the manner prescribed by law or by ordinance of the city. Section 14. SameForms. The forms of executions for taxes, costs of construction of streets, street curbing, sidewalks, and sewers and for repairs or improvements thereof and for fines and forfeitures in the recorder's court of the city and for any other expenses, costs, charge, license, or assessments shall be prescribed by ordinance. Section 15. UtilitiesFurnishing Services and Facilities. The city shall have the power and authority to operate, enlarge,

Page 2359

expand, extend, improve, construct, lay, maintain, remove, repair, and replace water and natural gas lines, sewer and sanitary systems and facilities, within and without the city, and to charge, contract for and receive compensation for such service, and on such terms and conditions as may be prescribed by the city ordinance, and for such purposes the city shall have the power of eminent domain which it is hereby authorized to exercise to acquire by condemnation any lands, easements, rights-of-way and other properties or rights therein deemed needful or convenient for any purposes when necessary to acquire the same. Section 16. SameOwning, Maintaining and Operating Waterworks and Gas System. The city shall have the right, power and authority to own, maintain and operate a system of waterworks, a natural gas system and distribution system, and to purchase and sell water and gas and fix rates for the aforementioned and to develop, maintain and operate parks and recreation facilities. Section 17. Same Contracting to Furnish. The city council shall have power and authority to make or cause to be made contracts to furnish customers with water and gas within and without the territorial limits of the city when this can be done without adversely affecting the inhabitants of the city. Section 18. SameJurisdiction. The city shall have complete power, authority and jurisdiction for all purposes over all of the lands on, over, or through which trunk or intercepting sewer, gas, water and/or facilities have heretofore been or may hereafter be constructed and maintained by the city or over which an easement is secured by the city and which it is the duty of the city to inspect; improve and maintain within or without the limits of the city; said power, authority and jurisdiction shall extend the full distance of said lines or facilities and a specified number of feet, to be determined by the mayor and council, in all directions from sale as well as over the land purchased by said city for the location and maintenance of such facilities, and all such lands are hereby incorporated in and made a part of said city except such as is located within the corporate limits of another municipality.

Page 2360

Section 19. SameLien for Charges. For water and gas furnished and for all sewerage and sanitary services rendered, said city shall have a lien against the property served by said utilities and services; said lien shall run from the date the contract is made or the services commence up to and until all charges therefor shall have been paid in full. Section 20. SameReferendum for Sale of Facilities. No sale, conveyance or disposition by the city of its water and/or gas properties and franchises, or of its sewer system, or of any interests therein shall ever be of any force or effect unless or until approved by the duly qualified voters of the city voting at an election specially called for this purpose; a notice of which election shall be published once a week in the official newspaper of the city for four (4) weeks next preceding such election, which notice shall state the name of the proposed buyer, the terms and conditions of the proposed sale, the date of the election, the location of the voting precincts, and such other information as the city council may order. Section 21. Election of Mayor and Council. On the first Wednesday in December, 1969, and on said date biennially thereafter there shall be an election for the office of three (3) councilmen. On the first Wednesday in December, 1970, and on said date biennially thereafter there shall be an election for the office of mayor and two (2) councilmen. The terms of office of the mayor and each of the councilmen shall be for two (2) years and until their successors are elected and qualified. The mayor and council shall have the power to provide the exact manner in which, and place where, elections shall take place; to require the preservation of good order and to prevent disturbance or interference with the free right to vote. The mayor shall appoint three (3) freeholders or one (1) justice of the peace and two (2) freeholders of the city, to manage all elections. Each manager, before entering on his duties, shall take the following oath before some judge or justice of the peace: I do solemnly swear that I will faithfully and impartially conduct the election for which I am appointed manager, and

Page 2361

will prevent all illegal voting, to the best of my ability and power, so help me God. The mayor shall provide, at the city's expense, all necessary material for the use of managers in said elections and pay the election managers for their services. The mayor and council may, by ordinance, prescribe how votes may be challenged; how the returns of all elections shall be made and results declared; and also, how contests of any election shall be conducted, and to prescribe all rules and regulations for the proper conduct of all elections in said city. Section 22. Vacancy in Office of Mayor, Councilmen. In the event there shall occur a vacancy in the office of mayor or councilmen, caused by the death, resignation or removal of the incumbent, and there remains more than ninety (90) days before the expiration of the term of said mayor or councilman, the city council shall immediately call an election to fill such vacancy which election shall be called to be held within ten (10) days. In the filling of such vacancy they shall give due and timely notice by appropriate notice and advertising. In the event there occurs a vacancy in the office of mayor or councilmen and there remains less than ninety (90) days before the expiration of such term, the mayor and councilmen as soon as thereafter possible, shall elect some qualified citizen to fill such vacancy and he shall hold office until the next regular municipal election. Provided, however, that should a vacancy occur in the office of mayor from one of the above causes, the mayor pro tempore shall assume all of the duties of the office of mayor until the vacancy is filled by the election aforesaid. Section 23. Qualifications of Mayor and Councilmen; Oath. (a) No person shall be eligible to qualify or hold office of mayor or councilman of said city unless he shall have been a resident thereof for a period not less than one (1) year immediately preceding the election in which he is to be a candidate; and shall be a qualified voter in the municipal elections for officers of said city; and shall qualify as a candidate by filing his name with the city clerk and by giving to the city clerk, in writing, the oath hereinafter prescribed; and shall not be indebted for any tax due said city which is more than twelve months past due.

Page 2362

(b) Any person desiring to qualify as a candidate for office of mayor or councilman in said city shall take the following written oath, setting forth the information called for therein, which oath shall be kept on file in the city clerk's office: I do solemnly swear that I have resided in the City of Murrayville, Hall County, Georgia, for a period not less than one (1) year immediately preceding the election in which I am a candidate; further that I am a qualified voter in the municipal elections for officers of the City of Murrayville; further that I am not indebted to the City of Murrayville for any tax which is more than twelve months past due; so help me God. Section 24. Oath of Office. On January 1, or within ten (10) days thereafter, after the election of said mayor and councilmen, and before they enter upon the discharge of their official duties, the mayor shall, before some officer authorized to administer oaths, take and subscribe the following oath: I do solemnly swear that I will, to the best of by ability, discharge the duties of the Mayor of the City of Murrayville during my continuance of office, so help me God., and the Mayor, after being so qualified, shall have full power and authority to administer a like oath to each member of the council. Section 25. Mayor's Duties and Powers. Said mayor shall be the chief executive of said city; he shall see that all laws, ordinances, resolutions and rules of said city are faithfully executed; he shall have general jurisdiction of the affairs of said city. He shall have control of the police of said city, and may appoint special policemen, when, in his judgment, it is necessary. He shall have the same power as the justice of the peace, to witness and attest papers, to administer oaths, to issue criminal warrants and to hold courts of inqury; he may commit offenders tried before him as a court of inquiry, or may admit them to bail in cases where a justice of the peace has power to bail. He shall have the

Page 2363

right to remit or reduce the fines imposed by the recorder's court imposed upon defendants charged with violating any of the city laws; he shall have authority to pardon all offenders convicted before the recorder's court; he shall have authority to temporarily suspend any city officer, reporting his actions and his reasons therefor to the next regular or called meeting of the mayor and council, who shall hear all of the facts of the case and by a majority vote may either discharge, suspend for a definite term or reinstate said officer. The mayor shall be clothed with the power of veto; it shall be his right to veto all ordinances, resolutions, permits and privileges passed on or granted by said council if he sees fit to do so, and said veto shall in no wise be affected except by a two-thirds vote of council. Section 26. Salaries. The mayor, recorder and each member of the council shall be paid such salaries for their services as may be fixed each year by the mayor and city council in December of each year prior to the annual election, to apply to the ensuing term of office. The salary of the mayor shall not exceed four hundred dollars per annum; the salary of the recorder shall not exceed three hundred dollars per annum; and the salary of the councilmen shall not exceed one hundred dollars per annum, which amounts shall not be increased or diminished during the terms of office. Section 27. Mayor Pro Tempore; Election of and Duties. At the first regular meeting after election and organization, the council shall elect someone of their number as mayor pro tempore who shall preside over their body in the absence of the mayor and shall be clothed with all the rights and powers of the mayor during the absence of the mayor. Before entering upon any of the duties as such mayor pro tempore, he shall take such oath as the council shall prescribe for the faithful discharge of his duties; in the event of the absence of both the mayor and mayor pro tempore, the council shall elect a chairman from their body who shall be clothed with all the rights and powers of the mayor and shall serve during the absence of both the said mayor and mayor pro tempore upon his taking the same oath as mayor.

Page 2364

In case of the death, resignation, removal, or disqualification of the mayor, the mayor pro tempore upon taking the oath as mayor shall serve as mayor with all the rights, powers and duties of the latter officer. Section 28. Municipal Officers. The mayor and council at their first meeting in January of each year, or as soon thereafter as practicable, shall elect the following officers, a majority of the votes cast being in every case sufficient to elect, to-wit: a clerk, treasurer, a chief of police and as many other regular policemen as the city council may deem proper to elect, a recorder, a city physician, a city attorney, a superintendent of lights, waterworks and sewerage, a street superintendent and such other officers as the mayor and council may see fit to elect, and the said mayor and council may prescribe by ordinance such officers as they may deem necessary for the best interest of the city, and shall by ordinance prescribe the duties, fix the bonds and fix the compensation of all city officers elected by their body, each of the said officers before entering upon the discharge of their duties shall give bond and take and subscribe an oath to discharge the duties of the office to which he has been elected. Section 29. Terms of Office; Removal. All officers elected by the mayor and city council, and all officers provided for by city ordinances shall hold their office for one (1) year and until their successors shall have been elected and qualified, provided only, that all such officers may be subject to removal from office at any time before the expiration of their term of office by a two-thirds vote of the mayor and members of the city council, however, the city shall not become liable to any officer removed from office in the manner provided for any sum whatever on account of salary or other compensation. Section 30. Combination of Offices, Authorized. The mayor and city council may make provisions by ordinance to combine two or more of the city offices so that one person may hold and discharge the duties of more than one office, provided, however, that no member of the city council shall be eligible to hold any other municipal office during the term for which he was elected.

Page 2365

Section 31. Council Meetings, Time and Place; Presiding Officer; Quorum. The mayor and council shall meet for the transaction of business at such times and places as they may prescribe. At all the meetings of the mayor and council, the mayor, if present, shall preside, and he may vote in all cases of a tie; he may also vote in all elections for officers who are elected by the board, whether there be a tie or not, the mayor and two (2) members of the council to constitute a quorum for the transaction of business. A less number, in the absence of a quorum, may adjourn a regular meeting to a future time. Section 32. Power to Enact Ordinances; Maximum Penalty. Said mayor and council shall have full power to pass all ordinances, by-laws and regulations which they may deem necessary to the good government of said city, the protection of property, peace, good order, health, comfort and convenience of the citizens thereof, and to fix suitable penalties for the violation of the same. They may provide for punishing violators of their ordinances, by-laws, resolutions by fine, imprisonment in the city prison, or working in the public works camp; the fines in no case to exceed five hundred dollars and the imprisonment in the city prison not to exceed six months, and sentence in the public works camp not to exceed six months, and either one or all of said penalties may be imposed at the discretion of the Recorder's Court. Section 33. Failure or Refusal to Vote on Measure. The failure or refusal of a member of the city council or of any commission, committee, board, bureau or agency of the City to vote when the proper time comes to vote, on a question pending before such city council, commission, committee, board, bureau, or agency, at a meeting legally held and at which such member is in attendance, shall be construed as a vote in favor of the pending proposal. The failure or refusal of a majority of the members of any body duly convened shall be counted as votes in favor of the measure under consideration and amounts to its adoption.

Page 2366

Section 34. Ordinances, By-Laws, Rules, and Regulations, Passage for Good Order, Peace, Health, and General Welfare. The said mayor and council shall have the authority to make and pass such ordinances, by-laws, rules and regulations for the government of said city as may be necessary and proper to carry into effect the powers herein enumerated and to provide for the good order, peace, health, and general welfare of said citizens of said city as the mayor and council may deem proper and necessary, being also authorized to appoint such committees of counsel as may be necessary to carry into effect the powers herein granted. The said mayor and council shall also have the power and authority to appropriate and pay out such funds as may be necessary for carrying into effect the powers above granted. Section 35. Committees of Council. The mayor and city council may provide by ordinance for such committees as they may deem fit for the administration of the municipal affairs of said city, prescribing the duties of such committees and define their authority. Section 36. ImpeachmentCauses. If the mayor or any member of the city council of said city shall be guilty of malpractice, wilful neglect of their duties, abuse of their powers, or any other unbecoming conduct, they shall be subject to impeachment by the city council, and upon conviction, shall be removed from office. Section 37. SameTrial. In impeachment trials before the city council, the affirmative vote of at least four (4) members shall be required to convict, and the mayor shall be entitled to vote, except in case he is on trial, in which case he may not vote. The city recorder shall preside in all impeachment trials unless he is disqualified, in which case the presiding judge of the Superior Court of Hall County shall designate some qualified lawyer to preside over such trial, but such officer presiding over said impeachment trial shall not vote, even in case of a tie. The city recorder shall not be qualified to preside over such impeachment trial unless he shall have been engaged actively in the practice of law for at least five (5) years

Page 2367

next preceding such trial. On an impeachment trial, a tievote shall acquit the accused. An impeachment resolution against the mayor shall not be subject to his veto. A judgment of conviction in an impeachment proceeding shall vacate the office of the convicted mayor or councilman. Section 38. Regulating Use of Streets. The city council shall have power and authority by ordinance, to tax, license and regulate the operation of automobiles, railroad trains, steam engines, locomotives, street cars, buses, trolley cars, bicycles, motorcycles and other vehicles within the city limits and fix maximum and minimum speed limits for them, and to prescribe both minimum qualifications of operators of such vehicles and the manner in which the same may be operated, and to require such machines and their owners to be registered, and said council may make such other provisions as may seem prudent for the safety of the driver, passengers and the public. Section 39. Regulating Charitable Solicitations. Soliciting charity or relief campaigns within the city shall be subject to ordinance regulation by the city council. Section 40. Regulating the Sale, Storage and Keeping of Inflammables and Explosives. The mayor and council shall regulate by ordinances the sale, storage and keeping of gasoline, kerosene, gunpowder, dynamite, nitroglycerine and other inflammable or explosive materials within the city limits. Section 41. Providing Off-Street Parking Facilities, Authority. The city council shall have the power and authority to construct, maintain and operate off-street parking facilities, and to acquire land and other necessary property for such purposes and to charge contract for and receive rentals and parking fees for the use of such facilities and parking spaces therein. Section 42. City ClerkSecretaries to Agencies. The city clerk may be required to act as clerk or secretary to any board, commission, committee, agency or authority of said city.

Page 2368

Section 43. SameConsolidating Office of Clerk with Other Offices. The office of city clerk may be combined with any other city office or offices in the discretion of the mayor and city council. The person appointed to such combination of offices shall have, during the time such offices are consolidated, all the rights, powers and authority and shall discharge all of the duties of said offices but shall receive the salary of only one. Section 44. Recorder's Court. The police or mayor's court for the trial of offenders against the laws and ordinances of the City of Murrayville shall be known as the recorder's court, which court is hereby created; the mayor and council are authorized and empowered to elect a recorder to hold said court, fix his qualifications, terms of office, and compensation. In the event there is a vacancy in the office of mayor the authority and power given hereinabove shall be vested in the council. Such election shall be made within thirty days after the approval of this Act, and the mayor shall continue to serve until the recorder is elected and qualified. The recorder's court shall begin immediately upon the election and qualification of the recorder. Said recorder so elected shall take such oath as may be prescribed by the mayor and council. Any vacancy in the office of city recorder shall be filled by the mayor and council. Such recorder, and in his absence the mayor, and in the absence of the recorder and the mayor, then the mayor pro tempore, and in the absence of all three, any one or more members of the council may hold said court, and may exercise all the powers conferred by law upon the recorder, and may punish for any violation of a city law or ordinance by a fine not exceeding one hundred dollars, imprisonment in the city jail, or imprisonment in the county jail by permission of the county authorities not exceeding sixty (60) days or work on the street work crew, or other public work under the supervision of the chief of police or the superintendent of the street department, not exceeding sixty (60) days, any one or more, or all of these at the discretion of the trial court. When sitting as a court for the trial of offenders the said court shall have power to punish for contempt by fine not exceeding twenty-five dollars, imprisonment or work

Page 2369

in the manner already prescribed in this section for not exceeding ten (10) days, one or both, at the discretion of the trial court. There may be an appeal in any case from the recorder's court to the mayor and council, which appeal must be in writing and entered within two (2) days after the judgment complained of is pronounced; and provided, further, that the defendant gives bond, with security, to abide the final judgment of the case, said bond and security to be approved by the arresting officer or chief of police. The said mayor and council shall as early thereafter as is practicable, hear and determine said case so appealed, and shall investigate the case as fully as if the same had never been tried; that is, do novo. They shall have the power, if they find the defendant guilty, to decrease the fine or sentence imposed by the recorder's court, or to increase it at their discretion; and the judgment of the mayor and council may be reviewed by certiorari to the Superior Court of Hall County, as is provided for in code sections 19-203 to 19-216, both inclusive, Code of Georgia of 1933, and any Act amendatory thereof. The clerk of the City of Murrayville shall be eligible to be elected as recorder but neither the mayor nor any member of the council shall be eligible to be elected as recorder. The recorder of said city shall be authorized to issue warrants for offenses committed within the corporate limits of said city against any law or ordinance of said city or this State, and when the offense is against the State the recorder may hear evidence and commit to jail or take bond for appearance before the State court having jurisdiction of the offense, as a justice of the peace could do. If the offense charged in the warrant be one against the laws or ordinances of the city, the arresting officer shall carry the case before the recorder's court and none other, and the same there be disposed of as other cases of arrest not made under warrant. All warrants issued by the recorder, or those acting in his stead, shall be directed to the chief of police of Murrayville, any policeman or marshal

Page 2370

thereof, and to all and singular the sheriffs, deputy sheriffs and constable of this State, and any one of said officers shall have the same authority to execute said warrant as the sheriffs of this State have to execute criminal warrants. The recorder, or those holding the recorder's court in his stead, shall have the power and authority to subpoena witnesses to attend the recorder's court under the same rules and regulations that regulate and govern the superior courts of this State, to compel their attendance, and to punish any witness who has been subpoenaed and fails to attend, under the provisions for contempt already provided for in this charter. Any police officer of the City of Murrayville shall have authority to release any person arrested for a violation of any law or ordinance of said city, or law over which the recorder may have jurisdiction, upon such person giving bond, with security, payable to the City of Murrayville in the amount and surety to be approved by the policeman or as directed by the city recorder, conditioned for the appearance of such person before the recorder's court at the time and place specified in said bond and from time to time until he or she shall have been tried for the offense for which charged. If any person so released under appearance bond shall fail to appear for trial at the time named therein, such bond shall be forfeited; and a rule nisi shall be issued requiring him or the surety upon such bond to show cause before said court, at a time not less than ten (10) days from the date of such rule, why such bond shall not be absolutely forfeited. Copies of such rule shall be served upon such person or persons to whom it shall be directed at least five days before the return day thereof, provided service may be made personally or by mailing a written notice to such person or persons at their last known address. At the time such rule is made returnable and no sufficient cause be shown, the forfeiture of said bond shall be final and absolute, and execution shall issue for the full amount thereof, and all costs, in the same amounts as are applicable in such cases in the superior courts, against the principal and sureties thereon or

Page 2371

such of them as shall have been served. Such execution shall be signed by the clerk of the City of Murrayville and the recorder and shall be directed as warrants are directed, set out hereinabove, and the same when so issued shall be a lien upon all property, real or personal of such parties, and binding effect upon such property and of the defendant and surety therein as if the same were issued upon judgments in the superior courts, and shall be levied by any officer to whom it shall be directed. Provided, however, that any police officer of said city may require cash bonds for the appearance of such arrested person or persons, and upon their failure to appear at the trial thereof, said cash bond may, in the discretion of the city recorder, or those acting in his stead, be regarded as a fine and so assessed by said recorder and paid into the treasury of the city. Section 45. Election for Mayor and Council. On the first Wednesday in December of each year, there shall be held in the City of Murrayville at some public place designated by the mayor and councilmen, a general election to fill vacancies in the offices of mayor and councilmen, whose terms of office shall expire with the end of that calendar year. At all such elections the polls shall not be opened earlier than seven o'clock a.m., and shall close at seven o'clock p.m. Section 46. Voter Registration. All persons qualified to vote for members of the General Assembly and who are registered voters in the County of Hall and who shall have resided six (6) months within the city limits of the City of Murrayville, and have registered as hereinafter provided, shall be qualified to vote in any city election. The city clerk shall keep a permanent voters registration book in which persons desiring to vote in any city election, and otherwise qualified to vote, shall register. Upon application in person by such person entitled to register, who shall furnish to the city clerk evidence of their qualifications, the clerk, or other registering officer named by the mayor and council, shall allow said person to enter upon the registration book his or her name, age, residence,

Page 2372

and occupation. Said name shall be alphabetically arranged in the register as nearly as possible. The registering office shall be the judge of the qualification of those offering to register, with a right of appeal by the applicant to the mayor and council, and the registrar may in his discretion require the applicant to take oath that he is qualified to so register. The said registration book shall be kept in the office of the city clerk at the city hall, and shall be open for the purpose of registration at all times said clerk's office is open for official business, except, said registration book shall close at the close of the twentieth day before any election, and any person registering therein after the twentieth day before any election, shall not be qualified to vote in said election, and if said twentieth day should fall on Sunday or other legal holiday when the city clerk's office is not open, then said registration book shall be closed at the end of the nineteenth day before said election. Prior to all elections, and after the close of the registration book, the city clerk, and such other person or persons as shall be designated by the mayor and council, shall make a list of all the qualified voters so registered, after having first purged said list and book of all persons who have died, moved without the city, or otherwise become disqualified to vote, and such list, when certified by the city clerk, shall be the official list of the qualified voters for said elections, and shall be furnished as such to the election managers. No person whose name has been purged from said book because of having moved without the said city, or having otherwise become disqualified to vote, shall be allowed to again vote in any city election, until his disqualification has been removed, and he has registered anew. Provided, that in all elections for the authorization of a bonded or other indebtedness the State laws shall in all respects govern where in conflict with this charter. Section 47. Preservation of Election Ballots. In all city elections after the votes have been counted by the election managers, they must sign a certificate stating the number of votes each person voted for received, which certificate shall be delivered to the city clerk at the city hall not later than ten o'clock in the morning after the said election.

Page 2373

The ballots shall not be examined by the managers or bystanders, but shall be carefully sealed in a strong envelope or box, together with all tally sheets which must bear the signatures of the managers. Said box or envelope shall then be securely sealed with the names of the managers across the seals thereof and delivered immediately after the completion of the election (and the counting of the ballots) to the ordinary of Hall County, by whom they shall be kept, and who shall securely lock same in his vault and they shall be kept unopened and unaltered for a period of thirty (30) days, after which time if said election is not contested, the said ballots shall be destroyed by said ordinary, without examining the same himself, or permitting others to do so. And if said ordinary or any other person shall violate any of this section he shall, upon conviction, be punished as provided in code section 27-2506 of the Code of Georgia of 1933, as amended. Section 48. Power of Eminent Domain. The city, as a body politic, shall have the full power and authority to acquire, by the exercise of the power of eminent domain, any real property or any interest therein, within or without the corporate limits of the said city, which it may deem necessary for any corporate purpose. Section 49. Power to Condemn Land and Property for Public Use. The city shall have the power and authority to condemn under the rules and methods and regulations provided by law, land and property for any public use, to-wit: for streets, alleys, sidewalks, ditches, drainage, public playgrounds, parks, public libraries, waterworks, cemeteries, jails and for any and all public uses, when needed. Section 50. Streets, Powers Conferred. Said mayor and council shall have the superintendence and control of the streets, sidewalks, bridges, and alleys and of the public square, parks, and cemeteries of said city, and may prohibit or remove all obstructions of or encroachments thereon or interference therewith. They are vested with the power to lay out new streets or alleys; to widen or straighten any of the streets or sidewalks or alleys of the city. Said mayor and council shall have the power and authority to pave or otherwise permanently improve the

Page 2374

sidewalks of said city with whatever material in whatever manner they deem proper and best and to assess one-half the cost of so paving or otherwise improving the sidewalks, including all necessary curbings, against the real estate abutting on the sidewalk so paved or otherwise improved, and to enforce the collection thereof they shall have power to issue executions against the owner or owners of said abutting property, as city tax executions are issued, and to order, levy on and sell the abutting property. Section 51. Control of Streets, Sidewalks, and Bridges. The mayor and council shall have exclusive control of the streets, sidewalks, and bridges of the city; they may enact such ordinances as they may deem best for the regulation of traffic upon said streets, sidewalks and bridges, and provide suitable punishment for the violation of these ordinances. Section 52. Streets, Powers Generally. The city shall have the power and authority to open, lay out, grade, widen, construct, pave, repave, curb, and otherwise permanently improve any and all streets, sidewalks, and ways, and to maintain, relocate, repair, repave, extend, abandon or close them, and to construct, maintain, repair, replace and remove street curbing, sidewalks, alleys or ways. To provide funds for these purposes, all sidewalks, curbing and service sewer construction costs, except costs of service sewers which cannot serve the abutting real estate nor the owners thereof, shall be assessed against the abutting real estate and owners thereof, as previously provided in section 51, but only on the side of the street on which such improvements are made, if on one side only. One-third of the cost of street construction may be assessed against abutting real estate and owners thereof on one side of such street, and one-third against abutting real estate and the owners thereof of the other side, the city paying the remaining third. In real estate subdivisions all street construction costs shall be assessed against the abutting real estate and owners thereof. Cost of maintenance and repair of all city streets shall be paid out of the city treasury, except in special cases provided for by the city ordinances.

Page 2375

Section 53. Bond Issues Authorized for Street Improvements. The city may, in the manner prescribed by law, provide by ordinance for the issuing of bonds for enlarging or extending the waterworks, sewerage, natural gas, street and/or other public improvements. Section 54. Franchises. The mayor and council is hereby vested with the right to exercise and control franchise rights within the corporate limits of the city over all public utility corporations, to charge for the use of streets and alleys, and to control the use of poles, wires and other equipment used by the grantee of the franchise right. Section 55. Utilities, Referendum Required for Sale of Rights-Of-Way; Easements. (a) The city shall continue to supply all the public utilities of said city, to-wit: waterworks, sewerage; and for such purposes the mayor and city council shall be invested with all the authority to enlarge such systems of public utilities as they may deem necessary, and they may have authority to prescribe by ordinances for the government and regulation of all public utilities. Provided, that before said mayor and council shall dispose of any one or all of the herein named public utilities by absolute sale in fee simple, an election shall be called submitting the matter to the qualified voters of said city for their approval or disapproval. Said election to be called, held, and the result determined under the election laws now in force, or that may be hereafter prescribed for creating a bonded indebtedness against said city. (b) The city shall have the power and authority to extend, construct, maintain and operate its water and sewerage systems in all directions beyond the corporate limits of said city, as the same now exist or may hereafter be established; and the city shall have authority to furnish water and sewerage connections to persons, firms, and corporations within and without the corporate limits of said city, and to charge for the same; to make reasonable rules and regulations, and the city may make different charges for the use of such utilities within and without the corporate limits of said city.

Page 2376

(c) The city is hereby authorized and empowered to acquire, by contract, purchase, or condemnation, rights-of-way, easements, and privileges for water and sewerage systems within the corporate limits of the city, and without the corporate limits of the city in any direction beyond the corporate limits of the city as the same now exist or may be hereafter established. (d) The city is hereby authorized to purchase, construct, operate, and maintain a system for the sale and distribution of natural or other gas within the city limits and in any direction beyond such corporate limits as now exist or as shall hereafter exist, and in connection therewith the city is authorized to acquire, by contract, purchase, or condemnation, all rights-of-way, easements, and property necessary to carry out these purposes; provided, that the power of condemnation granted in this section shall not apply to property within the limits of any other municipality, except with the prior approval of the mayor and council of said municipality. The city is hereby authorized and empowered to furnish and supply gas and gas services to any person, firm or corporation at its distribution plant in the city or at the point from which said city acquires its supply of gas for serving non-residents of said city, and to fix the rules and regulations under which the same may be furnished, and likewise fix the terms on which the same are to be furnished and the manner of payment therefor, and the charges to be paid therefor. Section 56. Fiscal Year. The fiscal year of and for the city shall be from the first day of January through the thirty-first day of December of each year. Section 57. Budget. No money shall be expended by the mayor and council during and year until a budget has been prepared and adopted, as herein provided. The budget shall include in its anticipations for the year a sum not to exceed the normal revenue collections by the city from all sources during the preceding year. The council shall appropriate a sum sufficient to cover the debt service, including the sinking fund and interest on bonded indebtedness, which sum shall not be diverted to any other department

Page 2377

or departments by the mayor and council during the year. Should the income of the city be decreased by law or otherwise, it shall be the duty of the mayor and council to immediately adjust its budget so as to comply with such decreased revenue. In the event of an increase in revenue, which increase has becomes definite and reasonably certain by an increase in tax rate or the schedule of charges for city services, the mayor and council may revise the budget accordingly and take such anticipated receipts into consideration in the budget. Section 58. Transfer of Funds. After the budget has been adopted, the mayor and council may transfer or reallocate funds, with the exceptions of appropriations for debt services. Section 59. Deficit. Should at any time during any year the expenditures exceed the revenue collected, and a deficit be created, it shall be the duty of the mayor and council, before appropriating any other sum for any other purpose, to appropriate a sufficient sum to immediately discharge any such deficit which has accrued during the preceding year. Section 60. Audit of Finances. The mayor and council are hereby required, at the end of each fiscal year, to have an annual audit made covering all of the financial transactions made and entered into by said mayor and council for that year. Section 61. Taxes, Power to Levy and Collect. The said mayor and council may levy and collect for city purposes a tax not to exceed one dollar on every one hundred dollars value of real estate, stock and trade, and all other property therein that may at the time be taxable by the laws of Georgia. The said mayor and council shall also have power to levy and collect out of the property aforesaid such additional tax as may be necessary to provide for the payment of the principal and interest of any bonded debt of said city now existing or hereafter to be created by said city.

Page 2378

Section 62. City Tax Assessors; Returns or Assessments, Etc.; Appeals. The mayor and council shall annually appoint three (3) disinterested freeholders, who shall be discreet, upright persons, citizens and qualified voters of said city, and owners of real estate therein, as city tax assessors, whose term of office shall be one year, and who shall be sworn to assess the real and personal property, including notes, bonds, accounts, and every other species of property of said city at a fair market value, according to the best of their skill and knowledge. The mayor and council shall have authority to prescribe rules for the government of said assessors. Said assessors shall make returns of the assessments made by them to the said mayor and council each year, thirty (30) days before the time for collecting taxes. When said return has been made, said mayor and council shall appoint a place and time for hearing objections to the assessments, said objections to be heard by said mayor and council, of which public notice shall be given as may be prescribed by ordinances, and the recorder shall give each owner of property whose tax returns have been increased at least five days' notice of such hearing, stating therein the amount of such increase. If the property has been given in by an agent, executor, administrator or guardian notice of such agent, executor, administrator or guardian shall be sufficient. If the owner is not a resident of said city and has no agent residing therein, the mayor and council shall prescribe by ordinance what notice, if any, shall be given. Said mayor and council shall have the power to provide by ordinance for assessing all property, both real and personal, not returned for taxation, and for double taxing defaulters. Such city tax assessors shall take such oath and receive such compensation as the mayor and council shall prescribe. Such city tax assessors shall have the power to require all taxpayers in said city to furnish them with a list of all notes, accounts, mortgages, stocks, bonds, and other securities and investments, when in their opinion their production is necessary for a correct and true assessment. All assessments made by said assessors shall become final if no objection is made on or before the time set for a hearing of objections by the mayor and council, noticesuch as the mayor and council may, by ordinance,

Page 2379

prescribehaving been given of such hearing; and if no objection is made at the said hearing to any assessment, the decision of the mayor and council, on the hearing of subjects, may increase or decrease the assessment as made by the city tax assessors, and in all cases the decision of the mayor and council is final; the said board of assessors, as well as the mayor and council, shall have authority to punish for a contempt any person failing or refusing to furnish any of the evidences of investment, such as notes, accounts, stocks, bonds and mortgages heretofore set out. Section 63. Defaulters, Back Taxes, Double Taxing Defaulters. That in case any property which is subject to taxation was not assessed, or for any reason has not been assessed in any past year, the city tax assessors may at any time, assess said property for said year or years, and double tax it if there has been a failure to return it for taxation as required by law, and if the mayor and council have provided for double taxing of defaulters, execution shall then issue therefor, as in other cases, at the rate obtaining the several years in which no taxes were paid. This section shall apply to the assessment of property which before the passage of this Act in any year was not assessed for taxation, or was not returned for taxation and taxes collected thereon, as well as to property which in the future may be omitted for any cause from return or assessment, and the collection of taxes omitted in any year. The mayor and council may provide by ordinance for notice to parties whose property has been or may be assessed for back taxes, and the hearing of any complaint. All assessments referred in this section shall be made by the city tax assessors. Section 64. License Tax, Authority to Levy. The mayor and council shall have full power and authority to license, regulate, control or prohibit theatrical exhibitions, merrygo-rounds, circuses, dance halls, skating rinks, shows, and exhibitions of all kinds, drays, automobiles, jitneys, taxis, and public or private vehicles of all kinds, traveling vendors of patent medicines, soaps, notions and all other articles; also hotels, boardinghouses, restaurants, lunch stands, fish stands, or markets, meat markets, mercantile establishments,

Page 2380

chain stores, laundries, billiards, pool and other kinds of tables, tenpins, shooting galleries, and bowling alleys, slot machines or any games operated by coin-in-slot devices for carrying on games, as well as vending machines, generally; also bakeries, dairies, barbershops, livery stables, sale stables, slaughter houses, tanyards, garage or motor vehicle repair shops, blacksmith shops, gins, sawmills, planing mills; auto auctioneers, peddlers, and pawn brokers; all agents of fire, health, accident, indemnity, casualty and life insurance companies; the sale of all kind of beverages, cigars, cigarettes, and tobacco products of all kinds; also retailers of malt, vinous, and spirituous liquors; also dealers in and/or dispensers of gasoline, either at wholesale or retail, from tanks or otherwise; and all businesses, occupations, professions callings, trades, or avocations which, under the laws of the State, are subject to license. The city shall have the power to require registration of, to assess and to collect a license tax on, all such businesses, etc., and all other businesses, trades, professions, occupations, or callings conducted or engaged in within the corporate limits of the city, and such, occupation tax or license tax shall constitute a lien upon all the property of the taxpayer or person liable and shall take rank and be enforceable in the same manner as ad valorem taxes due the city; and the city may require the registration of, and the payment of license tax on all such businesses, etc., as a prerequisite to the right to operate or engage in said business in the city; and the city shall have power to punish anyone conducting or engaging in any such business without first registering and paying said license taxes. The city shall have full and complete power to provide by ordinance for classification of all classes and businesses, and all other rules and regulations necessary and proper in the premises. Section 65. Executions; Fi. Fas. In all cases where any taxes, fines, or license fees are not paid when due, the tax collector shall issue executions against the delinquents, which executions shall be directed to the chief of police of said city and his deputies, and it is hereby made the duty of the chief of police and his deputies to proceed to levy and collect all such fi. fas., as in the case of fi. fas. issued

Page 2381

for the State and county taxes. To any execution issued by the city, the defendant shall have the right to file an affidavit denying for any reason that the whole or any part of the amount for which the execution issued is due, stating the reason why the same is not due by and from the defendant, and stating what amount is admitted to be due, if any; and said amount admittedly due shall be paid before the affidavit shall be received for the balance; and said affidavit so received shall be returned to the Superior Court of Hall County, and there be tried and the issue determined as in cases of illegality, subject to all the penalties provided for in cases of illegality for delay. Section 66. Authority to Adopt Codes. The city council is hereby authorized to adopt, or incorporate by reference in an adopting ordinance, any code relating to a subject in regard to which the city council has authority to legislate. Code as used in this section means a printed or otherwise reproduced compilation of rules and regulations which have been prepared by a technical trade association or group, and shall include, but without being limited to, the following: building codes, plumbing codes, electrical codes, health or sanitation codes, fire prevention codes, together with any other codes embracing rules or regulations pertaining to subjects which are proper municipal legislative matters. Prior to the adoption or incorporation by reference of any such code, at least three (3) copies of same shall be filed in the office of the city clerk and shall remain there on file subject to public inspection, so long as such code remains in effect. Any penalty clauses contained in such codes may not be adopted by reference, but shall be set forth in full in the adopting ordinance. Amendments to or revisions of such codes may be adopted or incorporated by reference in the same manner as authorized for their original adoption. The city council is hereby authorized to appoint officers, boards, and commissions to administer and enforce codes adopted under authority of this section.

Page 2382

Section 67. Donations for Public Institutions. The mayor and city council shall have authority to make donations out of the funds in the city treasury, not otherwise appropriated, for support of the poor, for public libraries, and for public hospitals, public rest rooms, and other institutions of like character. Section 68. Group Insurance for City Officers and Employees, Authorized; Deductions. The mayor and council of said city is hereby authorized and empowered to make deductions periodically from the wages and salaries of its employees and officers, including the mayor and council themselves, with which to pay the premium for life, health, accident, hospitalization, or annuity of such officers or employees, upon a group insurance plan, and to that end to enter into agreements with insurance companies whereby the kind of group insurance desired by the employees may be furnished to them and the premiums therefor remitted periodically by said city. The participation in such group insurance by such officers or employees shall be entirely voluntary on the part of such persons at all times. Any officer or employee, upon any pay day, may withdraw or retire from such group plan upon giving notice in writing to his employer directing the discontinuance of deductions from his wages or salary in payment of such plan. The mayor and council of said city in carrying out any provision of this section shall have the right to contribute or pay any part of the premium due on the coverage afforded its officers or employees in an amount not to exceed fifty per cent (50%) of the amount of said premium being charged for the plan of protection afforded out of the general funds of said city. Section 69. Building Regulations. The mayor and council may prescribe by ordinance such rules and regulations as they see fit for the regulation of all buildings erected within the corporate limits of said city, or for the repair of such buildings, they may prescribe the materials to be used and the manner of erecting or repairing the same.

Page 2383

Section 70. Regulations of Public Entertainment. The mayor and city council may prescribe by ordinance for the regulation of all public entertainments, shows, circuses, parades and may prescribe when such entertainments, may be held, as well as the manner in which the same may be conducted. Section 71. Fire Department. The city shall provide by ordinance for the establishment and maintenance of a fire department for said city, and for this purpose they may acquire property and equipment therefor to be paid out of the revenues of said city or by municipal bonds properly voted and validated therefor, as now prescribed by law. They may provide either for a voluntary service or for a paid service if the revenues of said city authorize such payment, and they may provide by ordinance such rules and regulations as they may deem necessary for the government and control of said fire department, which ordinance shall provide officers therefor and prescribe their duties, authority, terms of office, manner of election and compensation. Section 72. Police Department. The city shall provide a police department for the preservance of law and order, general welfare and enforcement of city ordinances. Section 73. Board of Health, Authorized. The mayor and city council shall also have authority to provide by ordinance for a board of health to be composed of such members as may be provided for in said ordinance; to prescribe their terms of office and define their powers, authority, and compensation. The mayor and council in their discretion may provide for a joint city-county board of health. Section 74. Referendum. Not less than thirty nor more than sixty days after the date of approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Hall County to issue the call for an election for the purpose of submitting this Act to the voters of Hall County residing within the proposed corporate limits of the City of Murrayville, as defined in section 3 of this Act, for approval or rejection. The ordinary

Page 2384

shall set the date of such election for a day not less than thirty nor more than sixty days after the date of the issuance of the call. The ordinary 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 Hall County. The ballot shall have written or printed thereon the words: For approval of the Act incorporating the City of Murrayville in the County of Hall and providing a charter for said city. Against approval of the Act incorporating the City of Murrayville in the County of Hall and providing a charter for said city. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Hall County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 75. Effective Date. The provisions of section 74 shall become effective upon the approval of this Act by the Governor or upon its becoming law without his approval. The remaining provisions shall become effective when approved in the referendum provided for in said section. Section 76. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2385

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1969 regular session of the General Assembly of Georgia to incorporate the City of Murrayville; to provide for all matters relative to the foregoing and for other purposes. This 7th day of February, 1969. W. M. Williams Post 1District 11 Representative to the General Assembly Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. M. (Bill) Williams who, on oath, deposes and says that he is Representative from the 11th District, and that the attached copy of notice of intention to introduce local legislation was published in The Daily Times which is the official organ of Hall County, on the following dates: January 23, 30 and February 6, 1969. /s/ W. M. Williams Representative, 11th District Sworn to and subscribed before me, this 21st day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 26, 1969.

Page 2386

CRAWFORD COUNTYCOMPENSATION OF SHERIFF, ETC. No. 148 (House Bill No. 690). An Act to amend an Act placing the sheriff of Crawford County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2499), so as to change the compensation of the sheriff; to provide that Crawford County shall purchase all automobiles required by the sheriff and shall maintain such automobiles; to change the compensation of the deputy sheriff; to provide that the sheriff of Crawford County shall have the authority to appoint deputies subject to the approval of the governing authority of Crawford County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Crawford County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2499), is hereby amended by striking in its entirety section 2 and substituting in lieu thereof a new section 2, to read as follows: Section 2. The sheriff of Crawford County shall receive an annual salary of $8,400.00. The sheriff shall be paid in equal monthly installments from the funds of Crawford County. The sheriff shall also receive from county funds for each prisoners confined in the county jail, $2.50 per day to feed said prisoners. However, before the sheriff shall be paid for feeding said prisoners, he shall submit a list to the governing authority of the county containing the names of the prisoners confined in the county jail and the number of meals fed to each prisoner during the preceding month. Salary, etc. Section 2. Said Act is further amended by inserting between sections 2 and 3 a new section to be numbered section 2A, and to read as follows:

Page 2387

Section 2A. The governing authority of Crawford County shall purchase and furnish to the sheriff all automobiles which shall be required by the sheriff's office. The expenses connected with maintaining and operating such motor vehicles shall be paid for by Crawford County. Automobiles. Section 3. Said Act is further amended by striking in its entirety section 4 and substituting in lieu thereof a new section 4 to read as follows: Section 4. The sheriff shall have the authority to appoint those persons who shall be employed by him as deputy sheriffs, subject to the approval of the governing authority of Crawford County. The chief deputy sheriff shall receive an annual salary of $6,000.00 payable in equal monthly installments from the funds of Crawford County. In the event additional deputies are authorized by the governing authority of Crawford County, they shall receive such compensation as said governing authority shall provide. Deputy sheriffs. Section 4. This Act shall become effective on July 1, 1969, if approved by the first grand jury of Crawford County convening after this Act shall be approved by the Governor. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that legislation will be introduced at the 1969 Session of the General Assembly of Georgia to amend an Act placing the sheriff of Crawford County on a salary in lieu of the fee system of compensation, approved March 24, 1965 (Ga. L. 1965, p. 2499) so as to provide for a change in the amount of salary to be paid said sheriff; to provide for a change in the method of appointing the deputy sheriff and the amount of his salary; to

Page 2388

provide for the appointment of additional deputies; to repeal conflicting laws; and for other purposes. O. C. Cochran Paul W. Spillers John B. Hutto Commissioners for Crawford County Daniel K. Grahl Representative, 40th District Georgia, Fulton County. Personally appeared before me, the undersigned authority duly authorized to administer oaths, Daniel K. Grahl who, on oath, deposes and says that he is Representative from the 40th District, and that the attached copy of notice of intention to introduce local legislation was published in The Georgia Post which is the official organ of Crawford County, on the following dates: January 30, February 6, 13, 1969. /s/ Daniel K. Grahl Representative, 40th District Sworn to and subscribed before me, this 27th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 26, 1969.

Page 2389

CRAWFORD COUNTYSALARY OF CLERK OF SUPERIOR COURT. No. 149 (House Bill No. 691). An Act to amend an Act placing the clerk of the Superior Court of Crawford County upon an annual salary, approved March 15, 1963 (Ga. L. 1963, p. 2223), so as to change the compensation of the clerk; 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 placing the clerk of the Superior Court of Crawford County upon an annual salary, approved March 15, 1963 (Ga. L. 1963, p. 2223), is hereby amended by striking from section 1 the following: seven thousand two hundred dollars ($7,200.00), and substituting in lieu thereof the following: nine thousand six hundred dollars ($9,600.00), so that when so amended section 1 shall read as follows: Section 1. The compensation of the clerk of the Superior Court of Crawford County is hereby placed on a salary basis in lieu of the fee basis. The clerk shall be compensated in the amount of nine thousand six hundred dollars ($9,600.00) per annum, payable monthly, from the funds of Crawford County. Such compensation shall be paid in lieu of all fees, costs, allowances, and other perquisites of whatever kind as are now or may hereafter be allowed by law to be received or collected by the clerk. All fees, costs, allowances and perquisites of whatever kind as are now or may hereafter be collected by the clerk shall be collected and received by him for the sole use of Crawford County, and shall be the property of Crawford County. Such funds shall be held as public funds belonging to Crawford County and shall be accounted for and paid to the

Page 2390

fiscal authority of Crawford County by the 15th day of every month for the immediately preceding month. The clerk shall have the right to employ a deputy clerk and such other employees as he deems necessary in the office of the clerk of the Superior Court of Crawford County. Provided, however, that the salaries of such deputy clerk or other additional employees shall be paid out of the compensation herein provided for the clerk of the Superior Court of Crawford County. Section 2. The provisions of this Act shall become effective on July 1, 1969, if it shall be approved by the first grand jury of Crawford County convening after this Act shall become law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that legislation will be introduced at the 1969 Session of the General Assembly of Georgia to amend an Act placing the clerk of the Superior Court of Crawford County on a salary in lieu of the fee system of compensation, approved March 15, 1963 (Ga. L. 1963, p. 2223) so as to provide for a change in the amount of salary to be paid said clerk; to repeal conflicting laws; and for other purposes. O. C. Cochran Paul W. Spillers John B. Hutto Commissioners for Crawford County Daniel K. Grahl Representative, 40th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Daniel K. Grahl

Page 2391

who, on oath, deposes and says that he is Representative from the 40th District, and that the attached copy of notice of intention to introduce local legislation was published in The Georgia Post which is the official organ of Crawford County, on the following dates: January 30, February 6, 13, 1969. /s/ Daniel K. Grahl Representative, 40th District Sworn to and subscribed before me, this 26 day of Feb., 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved March 26, 1969. CRAWFORD COUNTYORDINARY PLACED ON SALARY BASIS. No. 150 (House Bill No. 692). An Act to abolish the present mode of compensating the ordinary of Crawford County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the ordinary of Crawford County, known as the fee system, is

Page 2392

hereby abolished, and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Salary basis. Section 2. The ordinary shall receive an annual salary of $7,800.00, payable in equal monthly installments from the funds of Crawford County. Salary. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the ordinary shall furnish the governing authority of the county a detailed, itemized statement under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 4. The necessary operating expenses of the ordinary's office shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Crawford County. Office expenses, etc. Section 5. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2393

Notice of Intention to Introduce Local Legislation. Notice is hereby given that legislation will be introduced at the 1969 Session of the General Assembly of Georgia to provide for the placing of the ordinary of Crawford County on a salary in lieu of the fee system of compensation; to provide the amount of said salary; to repeal conflicting laws; and for other purposes. O. C. Cochran Paul W. Spillers John B. Hutto Commissioners for Crawford County Daniel K. Grahl Representative, 40th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Daniel K. Grahl who, on oath, deposes and says that he is Representative from the 40th District, and that the attached copy of notice of intention to introduce local legislation was published in The Georgia Post which is the official organ of Crawford County, on the following dates: January 30, February 6, 13, 1969. /s/ Daniel K. Grahl Representative, 40th District Sworn to and subscribed before me, this 26 day of Feb., 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved March 26, 1969.

Page 2394

LEE COUNTYOPERATING EXPENSES OF SHERIFF'S OFFICE. No. 151 (House Bill No. 758). An Act to amend an Act abolishing the fee system of compensating the sheriff of Lee County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2219), so as to authorize the governing authority of Lee County to purchase, maintain and replace, for the use of the office of sheriff, certain equipment and supplies, including one or more automobiles; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensating the sheriff of Lee County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2219), is hereby amended by adding a new section, to be designated as section 6A, which shall read as follows: Section 6A. The governing authority of Lee County is hereby authorized to provide all such equipment, supplies and motor vehicles which it deems to be necessary for the proper and efficient operation of the office of sheriff. In the event the governing authority provides any such equipment or supplies, it shall be responsible for expenses incurred in maintaining and replacing each said item. In the event the said governing authority provides one or more automobiles to the office of sheriff, the governing authority shall be responsible for the expenses incurred in operating, maintaining and replacing each said automobile, and the mileage allowances provided for in sections 2 and 5 shall not be paid to either the sheriff or his deputy, unless one of these men is not furnished an automobile, in which case he shall be entitled to his mileage allowance. All funds necessary for implementing the authority granted herein shall come from funds of Lee County.

Page 2395

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, an amendment to Georgia Laws 1966 Session No. 78 (House Bill No. 20) entitled Lee CountySheriff Placed on Salary Basis to provide for the purchase, maintenance of various equipment and vehicles for said office, and for other purposes. This the?? day of February, 1969. James M. Collier Representative, 54th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable James M. Collier who, on oath, deposes and says that he is Representative from the 54th District, and that the attached copy of notice of intention to introduce local legislation was published in The Albany Herald which is the official organ of Lee County, on the following dates: February 14th, 21st, 28th, 1969. /s/ James M. Collier Representative, 54th District Sworn to and subscribed before me, this 3rd day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 26, 1969.

Page 2396

ASSOCIATE JUDGES OF CITY COURTS IN CERTAIN COUNTIES (135,000-140,000). No. 153 (House Bill No. 900). An Act to provide for an associate judge of the city court of certain counties; to provide for the appointment of such judges; to provide for their powers, duties and responsibilities; to provide for their compensation; to repeal conflicting laws; to provide for the repeal of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties of this State having a population of not less than 135,000 nor more than 140,000, according to the 1960 U. S. decennial census or any such future census, there shall be an associate judge of the city court, in and for all such counties, who shall be appointed by the Governor to serve until December 31, 1970. Such associate judges shall preside only over the trial of persons accused of violating the traffic laws of this State, but in the absence of the judge of such a court due to illness, the associate judge shall serve as the judge thereof. Such associate judge shall receive the amount of thirty dollars ($30.00) for each day of presiding as herein provided; said compensation shall be paid from the funds of the counties in which such courts are located. Section 2. This Act shall be repealed on December 31, 1970. Automatic repealer. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1969.

Page 2397

RABUN COUNTYBOARD OF COMMISSIONERS. No. 156 (Senate Bill No. 232). An Act to create a board of commissioners of Rabun County; to provide for a special election; to provide for commissioner districts; to provide for the election, qualifications and filling of vacancies of members of said board; to provide for an oath; to provide for giving a bond by the members of said board and the clerk; to provide for the compensation of the board members; to provide for a chairman; to provide for a supervisor of roads and revenue; to provide for meetings, quorum and employment of a clerk; to provide for powers; to provide for purchases; to authorize employment of an attorney; to provide for audits and the publication thereof; to provide for other matters relative to the foregoing; to repeal an Act creating a board of commissioners of roads and revenues of Rabun County, approved March 12, 1968 (Ga. L. 1968, p. 2272); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created a board of commissioners of Rabun County, hereinafter referred to as the board, to be composed of three members. The first members shall be elected at a special election provided for herein. The members shall be elected from districts and shall be elected by the voters of the entire county. They shall take office July 1, 1969, and shall serve through December 31, 1970, and until their successors are elected and qualified. Their successors shall be elected at the general election of 1970 as hereinafter provided for. Created, special election. Not less than 10 nor more than 15 days after the date of the approval of this Act by the Governor or after it becomes law without his approval, it shall be the duty of the ordinary of Rabun County to issue the call for an election for the purpose of electing the three members of the board. The ordinary shall set the date of such election for a day not less than 30 nor more than 40 days

Page 2398

after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for three weeks immediately preceding the date thereof in the official organ of Rabun County. It shall be the duty of the ordinary to hold and conduct such election under the laws governing special elections. The expense of the election shall be borne by Rabun County. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Candidates for the board in such special election shall be subject to all the provisions of this Act, and the members of the board elected at such election shall be subject to all the provisions of this Act. Section 2. (a) For the purpose of electing the members of the board, Rabun County is hereby divided into three commissioner districts as follows: Commissioner District No. 1 shall be composed of the following militia district: Militia District No. 587 (Clayton). Districts. Commissioner District No. 2 shall be composed of the following militia districts: Militia District No. 556 (Tennessee Valley); Militia District No. 452 (Warwoman); and Militia District No. 1014 (Moccasin). Commissioner District No. 3 shall be composed of the following militia districts: Militia District No. 1275 (Stonepile); Militia District No. 597 (Tiger); Militia District No. 436 (Chechero); Militia District No. 636 (Persimmon); and Militia District No. 507 (Tallulah). (b) At the 1970 general election one member shall be elected from each commissioner district to be voted on by the qualified voters of the entire county. Such members of the board shall take office on the first day of January following said election for the following terms: The members from districts 2 and 3 shall serve for a term of four

Page 2399

years and until their successors are elected and qualified. The member from district 1 shall serve for a term of two years and until his successor is elected and qualified. Successors to such members and future successors shall be elected at the general election in the year in which their respective terms of office expire and shall take office on January 1 following said election for a term of four years and until their successors are duly elected and qualified. Section 3. Any person, to be eligible to serve as a member of the board, must be at least twenty-five (25) years of age on the date of the election, must have resided in Rabun County for at least three years immediately preceding the date of the election, must be a resident of the commissioner district from which he offers for election and must be qualified to vote for the members of the General Assembly. Qualifications. Section 4. Before entering upon his duties as a member of the board, such member shall take an oath to faithfully perform his duties in accordance with the provisions of this Act, the Constitution and laws of the State of Georgia. Such oath shall be administered by any person authorized to administer oaths. Oath. Section 5. Before entering upon the discharge of his duties, each member of the board and the clerk hereinafter provided for shall each give bond in the sum of ten thousand ($10,000.00) dollars with a reputable surety company authorized to do business in Georgia as surety, payable to the ordinary of Rabun County, for the use of Rabun County. Such bond shall be conditioned for the satisfactory performance, by each of the members and the clerk, of the duties of his office and for a true accounting of all moneys and effects of said county coming under his custody, possession or control. Such bond shall be filed in the office of the ordinary and shall be recorded upon his minutes. The premium on each bond shall be paid from the funds of Rabun County. Bond.

Page 2400

Section 6. In the event a vacancy occurs on the board for any reason other than the expiration of the member's term of office, such vacancy shall be filled by a special election called by the ordinary, if the vacancy occurs with more than one year left in said term. The election shall be called and held under the laws relating to special elections, but the election shall be held not more than 60 days after the vacancy occurs. If there is less than one (1) year left in said term, the two remaining members of the board shall appoint a member to fill the unexpired term. Vacancies. Section 7. The two members of the board other than the chairman shall be compensated in the amount of one hundred fifty ($150.00) dollars per month, to be paid from the funds of Rabun County plus actual expenses incurred while on official business outside of Rabun County, as approved by the board. The chairman shall be compensated in the amount of one hundred eighty ($180.00) dollars per month, to be paid in equal monthly installments from the funds of said county plus actual expenses incurred while on official business outside of Rabun County, as approved by the board. Compensation. Section 8. At the first meeting in each year, the board shall elect the chairman to serve for that year. The board shall immediately meet and appoint a supervisor of roads and revenues who shall serve at the pleasure of said board, shall perform such duties as may be assigned by said board and shall be compensated in an amount not to exceed six thousand ($6,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Rabun County. Chairman, etc. Section 9. The board shall hold a regular meeting on the first Monday in each month and may hold other meetings, as deemed advisable, upon the call of the chairman or upon the call of any two of the members. The board shall maintain an office at the courthouse of Rabun County. Meetings. Section 10. Two members of the board shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least two members of

Page 2401

said board. The chairman of said board shall preside at meetings and shall perform such duties and have such powers as are or may be conferred upon him by law or authorized by said board and shall at each regular meeting of said board submit a report of the condition of the county affairs and make to said board such recommendations as he may deem proper. Quorum, etc. Section 11. The board is hereby authorized to employ a clerk to be compensated in an amount to be determined by the board, to be paid from the funds of Rabun County in equal monthly installments. It shall be the duty of the clerk to keep the minutes and records of all proceedings of the board and to discharge such other duties as the board may prescribe. Clerk. Section 12. The board shall have and exercise all the powers which were vested by law in the judges of the inferior courts and the ordinary, when sitting for county purposes, and is hereby expressly given complete power, authority and control relative to county matters of Rabun County. The board is hereby authorized to employ necessary personnel, and to fix their compensation, to assist in the performance of the duties imposed by this Act. Powers. The board of commissioners shall establish rules and regulations for the expenditure of all funds, for securing written reports from all other county officers, which shall contain proposed salaries and expenses for office operations on an itemized basis, and for submitting an annual budget broken down into quarterly amounts. The board shall study and act on all budget requests, making changes that are fiscally sound and in the best interests of the county. Same. Section 13. The board shall make all purchases for Rabun County and shall make all purchases over five hundred ($500.00) dollars on a competitive bid basis, securing three bids on each purchase or item. The board shall not expend any funds of Rabun County in payment of purchases made in violation of this section. Purchases. Section 14. Said board shall have the authority to employ a competent attorney at law as county attorney to

Page 2402

advise the board and represent the county in such matters as the board of commissioners may direct, who shall be paid such salary or compensation, not to exceed one thousand ($1,000.00) dollars per annum, payable in equal monthly installments out of the regular funds of the county, to serve at the pleasure of the board. Whenever it is deemed necessary, said board may employ additional counsel to assist the county attorney, who shall be paid such compensation as the board may direct out of the regular funds of the county. Attorney. Section 15. The fiscal year of the county shall begin on the first day of July and end on the last day of June of the succeeding year. Prior to the first day of September of each year, the county commissioners shall have a complete audit made by a certified public accountant of the fiscal affairs of the county. The entire audit shall be furnished the ordinary and the grand jury meeting after the audit report has been completed. The ordinary shall post a copy of the entire audit on the bulletin board at the courthouse, and shall notify the residents of Rabun County, by duly advertising the fact in the official organ of Rabun County, that the audit is so posted, and that the entire audit report may also be inspected in the office of the ordinary during business hours. The ordinary shall permit any interested person to inspect the audit report during business hours. A summary of the audit, which shall be prepared by the certified public accountant, shall be published in said official organ as soon as it is available from the said certified public accountant. The cost of all such publication in the official organ of Rabun County shall be paid by county funds. Fiscal year, audit, etc. Section 16. An Act creating a board of commissioners of roads and revenues of Rabun County, approved March 12, 1968 (Ga. L. 1968, p. 2272), is hereby repealed in its entirety. 1968 Act repealed. Section 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

Page 2403

Section 18. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular session of the General Assembly of Georgia in 1969 a local bill to create a county commission form of government for Rabun County; to provide for a board of commissioners of roads and revenues; to prescribe all matters relative thereto; to abolish conflicting laws and for other purposes. This 23rd day of December, 1968. Maylon K. London State Senator Fiftieth District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Maylon K. London, who on oath, deposes and says that he is Senator from the 50th District, and that the above notice of intention to introduce local legislation was published in the Clayton Tribune which is the official organ of Rabun County, on the following days: January 2, 9, 16, 1969. /s/ Maylon K. London Senator, 50th District Sworn to and subscribed before me, this 28th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 26, 1969.

Page 2404

EFFINGHAM COUNTYCOMPENSATION OF COUNTY COMMISSIONERS. No. 157 (Senate Bill No. 239). An Act to amend an Act to create a board of commissioners of roads and revenues for the County of Effingham to be elected by the qualified voters of said county, to define the duties of said commissioners, and for other purposes, approved July 26, 1921 (Ga. L. 1921, p. 466-471), (as amended Ga. L. 1961, p. 3454-3455), so as to change the compensation for the commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to create a board of commissioners of roads and revenues for the County of Effingham to be elected by the qualified voters of said county, to define the duties of said commissioners, and for other purposes, approved July 26, 1921 (Ga. L. 1921, p. 466-471), (as amended Ga. L. 1961, p. 3454-3455), is hereby amended by striking from said Act section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. Be it further enacted, that each of said commissioners of roads and revenues shall be paid the sum of One Hundred ($100.00) Dollars per month for their services. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Effingham. Personally appeared before the undersigned, an officer of said county and State duly authorized and empowered to administer oaths, William O. Lee, who first being duly sworn on oath says that he is the editor and publisher of The Springfield Herald, official organ of Effingham County,

Page 2405

Georgia, and that the herewith attached notice of intention to introduce local legislation appeared as paid legal advertising in three consecutive weekly issues of said newspaper, to wit: on January 17, 1969; January 24, 1969, and January 31, 1969. This 31 day of January, 1969. /s/ William O. Lee Sworn to and subscribed before me, this 31 day of January, 1969. /s/ Sara S. Thompson, Notary Public, Ga., State at Large. My Commission expires 5-13-72. State of Georgia, County of Effingham. Notice of Local Legislation. Notice is hereby given that the board of commissioners of Effingham County, intends to apply for the passage of local legislation at the 1969 session of the General Assembly of Georgia, which convened on Monday January 13, 1969, to amend the act creating the board of commissioners of Effingham County, the title to such bill to be as follows: An Act to amend an Act creating the board of commissioners of Effingham County, approved July 26, 1921 and the several acts amendatory thereof, and for other purposes. This 14th day of January, 1969. Board of Commissioners of Effingham County, By Z. Vance Dasher County Attorney. Approved March 26, 1969.

Page 2406

BRYAN COUNTYCOMPENSATION OF DEPUTY SHERIFFS, AUTOMOBILE EXPENSE ALLOWANCES. No. 158 (Senate Bill No. 240). An Act to amend an Act placing the sheriff, deputy sheriff and clerk of the superior court of Bryan County upon an annual salary, approved March 10, 1959 (Ga. L. 1959, p. 2616), as amended, particularly by an Act approved March 11, 1964 (Ga. L. 1964, p. 2862), so as to change the compensation of the deputy sheriffs; to provide for an automobile expense allowance for the sheriff and deputy sheriffs; 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 placing the sheriff, deputy sheriff and clerk of the superior court of Bryan County upon an annual salary, approved March 10, 1959 (Ga. L. 1959, p. 2616), as amended, particularly by an Act approved March 11, 1964 (Ga. L. 1964, p. 2862), is hereby amended by striking from section 2 the following: 4,800.00 per annum and 4,500.00 per annum and substituting in lieu thereof: 5,400.00 per annum, and by adding at the end of section 2 the following: In addition to the salaries provided for above, the sheriff and deputy sheriffs shall each receive an automobile expense allowance in the amount of $150.00 per month., so that when so amended section 2 shall read as follows: Section 2. The salaries of the following county officers of Bryan County shall be as follows: Sheriff $8,000.00 per annum Deputy Sheriff, 20th GMD 5,400.00 per annum Deputy Sheriff, 19th and 1380th GMD 5,400.00 per annum Clerk of Superior Court 7,000.00 per annum

Page 2407

All salaries payable under this Act shall be paid in equal monthly installments. In addition to the salaries provided for above, the sheriff and deputy sheriffs shall each receive an automobile expense allowance in the amount of $150.00 per month. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. This is notice that I will introduce local legislation pertaining to the Bryan County sheriff and his deputies. Senator Edward H. Zipperer Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edward H. Zipperer who, on oath, deposes and says that he is Senator from the 3rd District, and that the attached copy of notice of intention to introduce local legislation was published in the Bryan Countain which is the official organ of Bryan County, on the following dates: February 13, 20, 27, 1969. Edward H. Zipperer Senator, 3rd District Sworn to and subscribed before me, this 4th day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved March 26, 1969.

Page 2408

FULTON COUNTY EMPLOYEES' PENSION ACT AMENDED. No. 160 (Senate Bill No. 35). An Act to amend the Act approved March 3, 1939 (Ga. L. 1939, p. 571, et seq.), authorizing the board of commissioners of roads and revenues of Fulton County to establish rules and regulations governing the payments of pensions to county employees of said county; and for other purposes set forth in the caption of said Act and several Acts amendatory thereof, so as to provide increased pensions to certain officers and employees, to increase the amount of payment to be made by such officers and employees into the pension fund, to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that the Act approved March 3, 1939 (Ga. L. 1939, p. 571, et seq.), and the Acts amendatory thereto as amended by the Act approved March 21, 1963 (Ga. L. 1963, p. 2462, et. seq.), as amended by the Act approved March 11, 1964 (Ga. L. 1964, p. 2978), be and the same is further amended as follows: Section 1. By striking from subsection (c) of section 1 of said 1963 amendment (Ga. L. 1963, p. 2462, et seq.), the following: he shall be paid thereafter a monthly pension equal to one and one-half (1-1/2%) percent of his monthly earnings Benefits. and inserting in lieu thereof the following: he shall be paid thereafter a monthly pension equal to one and three-fourths (1-3/4%) percent of his monthly earnings. Section 2. By striking subsection (f) of section 1 of said 1963 amendment (Ga. L. 1963, p. 2462, et seq.), as amended by the Act approved March 11, 1964 (Ga. L. 1964, p. 2978), in its entirety and inserting in lieu thereof a new subsection (f) of section 1 as follows:

Page 2409

There shall be deducted from the total salary of any officer or employee electing to come under this amendment the sum of five percent (5%), in the event he does not provide for payment of a pension to his beneficiary, as authorized by this Act, as amended, or the sum of six percent (6%), in the event he does provide for the continuance of the pension to his beneficiary. Like deductions shall be made from the salaries of future employees required to come under this amendment. Employee contributions. In addition, all such officers or employees shall be required to pay into said fund that sum which they would have paid had said Act been in effect on July 1, 1964, or at the date when they were first employed, whichever date shall be later. Such employees may, if they desire, repay all such funds for retroactive credit in not more than 60 monthly installments to be deducted from their salaries, with interest thereon at 4% per annum for such retroactive payments. Payments required of any officer or employee or the beneficiary thereof, who shall retire before the full amount of such retroactive payment shall be made, shall have the amount of such payment deducted from the monthly pension benefits to such officer or employee or beneficiary as same accrue. Section 3. Any officer or employee coming under the terms of this Act who is in the employment of Fulton County prior to the effective date of this amendment may elect to come under the provisions of this amendment by making written application to the Pension Board within sixty (60) days of the date that this amendment is approved by the Governor or otherwise becomes a law. Election. All officers and employees who shall be elected or employed after the effective date of this Act, shall be required to come under the provisions of this Act, as now amended. Future employees. All pensions payable under this Act as hereby amended shall be subject to the ceiling or limitation that same shall not exceed $625.00 per month, or three-fourths (3/4), whichever is lesser, of the salary of such officer or employee during

Page 2410

the highest sixty (60) months of service, notwithstanding the fact that the years of service and the salary of the officer or employee might, except for these limitations, entitle such officer or employee to a higher pension. Maximum pensions. Section 4. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 5. A copy of notice of intention to apply for this local legislation and an affidavit or certificate of the publisher showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all of the requirements of the Constitution of Georgia relating to the publication of notice of intention to apply for passage of this local legislation have been complied with for the enactment of this law. Approved March 28, 1969. CRIMINAL COURT OF FULTON COUNTYCOMPENSATION OF JUDGES AND SOLICITOR-GENERAL. No. 161 (Senate Bill No. 38). An Act to amend an Act entitled An Act to establish the Criminal Court of Atlanta approved September 6, 1891, as amended by an Act approved February 23, 1935, and as further amended by an Act approved March 28, 1935, and as amended by an Act approved March 22, 1967, so as to fix the salaries of the judges of the Criminal Court of Fulton County and the salary of the solicitor general of the Criminal Court of Fulton County; to provide for setting a maximum for any pensions to which said officers may be entitled under the Judges' and Solicitors' General Pension Fund of Fulton County; to provide for an effective date of the statute; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:

Page 2411

Section 1. That an Act approved September 6, 1891, establishing the Criminal Court of Atlanta, Georgia Laws 1891, page 935 et seq., and the several Acts amendatory thereof relating to the Criminal Court of Fulton County be, and the same is hereby amended by striking section 1 (A), section 1 (B), and section 1 (C) of an amendatory Act approved March 22, 1967, (Ga. L. 1967, p. 2280 et seq.), and substituting in lieu thereof the following new section 1 (A), section 1 (B), and section 1 (C), to read as follows: Section 1. (A) From and after the effective date of this Act the annual salary of the judges of the Criminal Court of Fulton County shall be $25,000.00, and shall be paid in equal monthly installments upon vouchers approved by the Chairman of the Board of Commissioners of Roads and Revenues of Fulton County, or his successor, and drawn upon the Treasurer of Fulton County. Judges. (B) From and after passage of this Act the annual salary of the solicitor general of Fulton County shall be $22,500.00 and shall be paid in equal monthly installments upon vouchers approved by the chairman of the board of commissioners of roads and revenues of Fulton County, or his successor, and drawn upon the county treasurer. Solicitor-general. (C) The increased compensation provided by this Act shall not operate to increase the amount of pension payable upon retirement to the officers whose compensation is thus increased. Before the increased compensation shall be due and payable, such officers shall execute a written waiver to be prepared by the county attorney in which such officer shall agree that the increased compensation provided herein shall not operate to increase the amount of the pension payable to such officers upon retirement. Retirement. Section 2. The provisions of this Act shall become effective upon the first day of the month following its enactment. Effective date. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed.

Page 2412

Section 4. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for Fulton County are published; namely, the Fulton County Daily Report, once a week for three weeks during a period of sixty (60) days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit to the effect that said notice has been published as provided by law, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the 1969 Session of the General Assembly of Georgia for an amendment to the Act establishing the Criminal Court of Atlanta, Georgia Laws 1891, page 935 et. seq., and the several Acts amendatory thereof relating to the Criminal Court of Fulton County, and in particular the amendatory Act approved March 22, 1967, Georgia Laws 1967, page 2280 et. seq., so as to fix the salaries of the judges of the Criminal Court of Fulton County and the salary of the solicitor general, of the Criminal Court of Fulton, and for the purpose of setting a maximum for any pensions to which said officers may be entitled under the Judges' and Solicitors' General Pension Fund of Fulton County; and for other purposes. This 12th day of December 1968. Judge Woodrow Tucker Publisher's Affidavit. State of Georgia,County of Fulton. Before me, the undersigned, a notary public, this day personally came Mildred N. Lazenby, who, being first duly sworn, according to law, says that she is the treasurer of

Page 2413

the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 16, 23, 30th days of December, 1968, and on the 6, 13th days of January, 1969. As provided by law. Mildred N. Lazenby Sworn to and subscribed before me, this 20th day of January, 1969. /s/ Maiodis F. Palmer Notary Public Georgia, State at Large. My Commission Expires Jan. 19, 1972. Approved March 28, 1969. CIVIL COURT OF FULTON COUNTYJUDGES' SALARIES. No. 162 (Senate Bill No. 44). An Act to amend an Act entitled An Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph 1, of Section 7, of Article 6 of the Constitution of the State of Georgia, ratified October 2d, 1912, relating to the abolition of Justice Courts and the office of Justice of the Peace and of Notary Public Ex Officio Justice of the Peace, in certain cities and the establishment in lieu thereof of such court or courts, or system of courts, as the General Assembly may deem necessary; and in pursuance thereof, to abolish all Justice Courts and the Office of Justice of the Peace in the City of Atlanta, Georgia, and to establish in lieu thereof the Municipal Court of Atlanta, in the City of Atlanta; to define its jurisdiction and powers; to provide for the appointment, qualifications, duties, powers, and compensation of the judges and other officers thereof; to provide for pleading and practice and rules of procedure and new

Page 2414

trials therein and appeals and writs of error therefrom; to abolish the office of constable in said city; to provide for separate sections of said court; to define the territorial jurisdiction of each section, and the jurisdiction of said sections as to amount and subject matter; and for other purposes., approved August 20, 1913 (Ga. L. 1913, p. 145), as amended, particularly by an Act approved January 31, 1946 (Ga. L. 1946, p. 287), and an Act approved March 22, 1967 (Ga. L. 1967, p. 2284), so as to change the compensation of the chief judge and associate judges of the Civil Court of Fulton County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph 1, of Section 7, of Article 6 of the Constitution of the State of Georgia, ratified October 2d, 1912, relating to the abolition of Justice Courts and the office of Justice of the Peace and of Notary Public Ex Officio Justice of the Peace, in certain cities and the establishment in lieu thereof of such court or courts, or system of courts, as the General Assembly may deem necessary; and in pursuance thereof, to abolish all Justice Courts and the Office of Justice of the Peace in the City of Atlanta, Georgia, and to establish in lieu thereof the Municipal Court of Atlanta, in the City of Atlanta; to define its jurisdiction and powers; to provide for the appointment, qualifications, duties, powers, and compensation of the judges and other officers thereof; to provide for pleading and practice and rules of procedure and new trials therein and appeals and writs of error therefrom; to abolish the office of the constable in said city; to provide for separate sections of said court; to define the territorial jurisdiction of each section, and the jurisdiction of said sections as to amount and subject matter; and for other purposes., approved August 20, 1913 (Ga. L. 1913, p. 145), as amended, particularly by an Act approved January 31, 1946 (Ga. L. 1946, p. 287), and an Act approved March 22, 1967 (Ga. L. 1967, p. 2284), is hereby amended by striking in its entirety

Page 2415

section 14-A and substituting in lieu thereof the following: Section 14-A. The annual salary of the chief judge of said court shall be twenty-five thousand five hundred ($25,500.00) dollars and the annual salary of the associate judges of said court shall be twenty-five thousand ($25,000.00) dollars. Said salaries shall be paid in equal monthly or semi-monthly installments upon proper voucher drawn upon the Funds of Fulton County. No judge or other official of said court shall receive to his own use any fees or other perquisites of office. Salaries. Section 2. The increased compensation provided by this Act shall not operate to increase the amount of pension payable upon retirement to the officers whose compensation is thus increased. Before the increased compensation shall be due and payable, such officers shall execute a written waiver to be prepared by the county attorney in which such officer shall agree that the increased compensation provided herein shall not operate to increase the amount of the pension payable to such officers upon retirement. Pensions. Section 3. The provisions of this Act shall become effective upon the first day of the month following its approval by the Governor. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969 Session of the General Assembly of Georgia, a bill to change the compensation of the chief judge and associate judges of the Civil Court of Fulton County; and for other purposes. D. W. Austin, Clerk.

Page 2416

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Leroy Johnson, who, on oath, deposes and says that he is Senator from the 38th District, and that the attached copy of notice of intention to introduce local legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: Dec. 23; Dec. 30, 1968; Jan. 6; Jan. 13, 1969. /s/ Leroy Johnson Senator, 38th District Sworn to and subscribed before me this 20th day of Jan., 1969. /s/ James L. Webb Notary Public State of Georgia My Commission expires Jan. 31, 1972. Approved March 28, 1969. CRIMINAL COURT OF FULTON COUNTYSALARIES OF ASSISTANT SOLICITORSGENERAL. No. 163 (Senate Bill No. 77). An Act to amend an Act entitled An Act to establish the Criminal Court of Atlanta approved September 6, 1891, as amended by an Act approved February 23, 1935, and as further amended by an Act approved March 28, 1935, and as further amended by an Act approved March 22, 1967, so as to fix the minimum and maximum salaries of the assistant solicitors general of the Criminal Court of Fulton County and to fix the salary of the first assistant solicitor general of the Criminal Court of Fulton County; and for other purposes.

Page 2417

Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act approved March 22, 1967 (Ga. L. 1967, pp. 2280, 2281, 2282, 2283 and 2284), amending the Act establishing the Criminal Court of Atlanta approved September 6, 1981, is hereby amended as follows: By striking subparagraph (G), section 1, of said Act approved March 22, 1967, in its entirety and substituting therefor the following paragraph to be known as subparagraph (G) of section 1: From and after the passage of this Act the annual salaries of the assistant solicitors general of the Criminal Court of Fulton County shall not be less than $10,000.00 per annum and not more than $16,000.00 per annum. The salaries of said assistant solicitors general shall be fixed between the limitations of $10,000.00 and $16,000.00 per annum by the solicitor general of the Criminal Court of Fulton County. Said salaries shall be paid from the treasury of Fulton County in equal monthly installments. Assistant solicitors-general. Section 2. By striking subparagraph (H), section 1, of said Act approved March 22, 1967, in its entirety and substituting therefor the following paragraph to be known as subparagraph (H) of section 1: From and after the passage of this Act, the annual salary of the first assistant solicitor general of the Criminal Court of Fulton County shall be $17,000.00. Said salary shall be paid in equal monthly installments from the treasury of Fulton County. First assistant. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Section 4. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which sheriff's advertisements for Fulton County are published, namely, the Fulton County Daily Report, once a week for three weeks during a period of sixty (60) days

Page 2418

immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit to the effect that said notice has been published as provided by law, and it is hereby declared that all of the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the 1969 session of the General Assembly for an amendment to the Act establishing the City Court of Atlanta, approved December 15, 1871 (Ga. L. 1871, p. 57) so as to increase the salaries of the solicitor and/or the assistant solicitors of the Criminal Court of Fulton County and the terms of their participation in the judges and Solicitors Pension Plan of Fulton County. This legislation may contain any matter germane to said Act, as amended. This, the 9th day of December, 1968. William E. Spence Solicitor Criminal Court of Fulton County Publisher's Affidavit. State of Georgia,County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the

Page 2419

10th, 17th and 24th days of December, 1968, as provided by law. Frank Kempton Subscribed and sworn to before me this 21st day of January, 1969. /s/ Frances K. Beck Notary Public, Georgia State at Large. My Commission Expires Jan. 2, 1972. Approved March 28, 1969. SALARIES OF JUDGES OF JUVENILE COURTS IN CERTAIN COUNTIES (500,000 OR MORE). No. 165 (Senate Bill No. 252). An Act to fix the compensation of the judges of the juvenile court in certain counties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties of this State having a population in excess of 500,000, according to the 1960 United States decennial census or any such future census, each judge of the juvenile court shall receive an annual salary of $25,000 payable in equal monthly or semi-monthly installments from the funds of such counties. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1969.

Page 2420

CIVIL AND CRIMINAL COURT OF COBB COUNTYSOLICITOR, ETC. No. 168 (House Bill No. 254). An Act to amend an Act creating the Civil and Criminal Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211 et seq.), as amended by an Act approved April 1, 1965 (Ga. L. 1965, p. 3313 et seq.), an Act approved March 2, 1966 (Ga. L. 1966, p. 2904 et seq.), and an Act approved April 1, 1968 (Ga. L. 1968, p. 2948), so as to provide for the qualifications of assistant solicitors of said court who are assigned thereto by the district attorney of the Cobb Judicial Circuit; to provide for the salaries of said assistant solicitors; to provide for the manner of appointment of said assistant solicitors; to provide for personnel to serve the district attorney and his assistant district attorneys in performing duties in the Civil and Criminal Court of Cobb County; to provide that the district attorney of the Cobb Judicial Circuit shall serve as the solicitor of the Civil and Criminal Court of Cobb County; to provide for a successor to the district attorney of the Cobb Judicial Circuit as solicitor of the Civil and Criminal Court of Cobb County in the event of his disability or disqualification; to provide for the selection and election of his successor in the event of his disability or disqualification; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Civil and Criminal Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211 et seq.), as amended by an Act approved April 1, 1965 (Ga. L. 1965, p. 3313 et seq.), an Act approved March 2, 1966 (Ga. L. 1966, p. 2904 et seq.), and an Act approved April 1, 1968 (Ga. L. 1968, p. 2948), is hereby amended by adding following section 27, a new section to be known and designated as section 27B, said new section 27B to read as follows: Section 27B. In the event the district attorney of the Cobb Judicial Circuit shall be disabled or disqualified for

Page 2421

any reason to hold the office of solicitor of the Civil and Criminal Court of Cobb County, then, and in that event, the assistant district attorney assigned to the Civil and Criminal Court of Cobb County, and primarily responsible for the transaction of the business of the district attorney therein, shall hold the office as solicitor of the Civil and Criminal Court of Cobb County until January 1, 1973. His successor shall be elected at the same time and in the same manner that the district attorney of the Cobb Judicial Circuit is elected, and shall thereafter serve for a term of four (4) years. In the event of such a disability or disqualification, the district attorney of the Cobb Judicial Circuit shall immediately certify to the proper authority or authorities the assistant district attorney who is at the time of the effective date of such disability or disqualification, primarily responsible for the transaction of business in the Civil and Criminal Court of Cobb County, and a commission shall be issued to such person upon his taking the same oath of office as that administered to district attorneys of the judicial circuits of this State. Section 2. Said Act is further amended by adding following section 27B, a new section to be known and designated as section 27C, said section 27C to read as follows: Section 27C. The district attorney of the Cobb Judicial Circuit is hereby authorized to appoint two assistant district attorneys for the transaction of business in the Civil and Criminal Court of Cobb County, subject to the limitations and conditions of Section 27B hereof. Said assistant district attorneys to serve at the pleasure of the district attorney. Said assistant district attorneys shall have been admitted to the practice of law in all of the courts of this State, and shall be members in good standing of the State Bar of Georgia, and are hereby authorized to perform all of the acts of any kind or nature that the district attorney of the Cobb Judicial Circuit could perform as solicitor of the Civil and Criminal Court of Cobb County, Georgia. Provided, however, that the number of assistant district attorneys to be appointed by the district attorney of the Cobb Judicial Circuit shall not exceed three, whether they be assigned to

Page 2422

Cobb Superior Court or to the Civil and Criminal Court of Cobb County, Georgia. Section 3. Said Act is further amended by adding following section 27C, above, a new section to be known and designated as section 27D, said section 27D to read as follows: Section 27D. The assistant district attorneys assigned to the Civil and Criminal Court of Cobb County shall be compensated in the sum of not less than nine thousand ($9,000.00) dollars nor more than fourteen thousand ($14,000.00) dollars per annum. The exact amount of said compensation shall be determined by the district attorney of the Cobb Judicial Circuit. The funds for such compensation shall be paid from the general funds of Cobb County in equal monthly installments. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1969 Session of the General Assembly of Georgia, a bill to amend an Act creating the Civil and Criminal Court of Cobb County, approved March 28, 1964 (Ga. L. 1964, p. 3211); and for other purposes. This 20th day of December, 1968. Cyrus M. Chapman Sam P. Hensley Senators George H. Kreeger Eugene Housley Howard Atherton A. L. Burruss Joe Mack Wilson J. H. Henderson, Jr. Hugh Lee McDaniell Representatives

Page 2423

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable J. H. Henderson, Jr., and Honorable Joe Mack Wilson, who, on oath, depose and say that they are Representatives from the 117th District, and 117th District, respectively, and that the attached copy of notice of intention to introduce local legislation was published in the Marietta Daily Journal, which is the official organ of Cobb County, on the following dates: December 20, 27, 1968 and January 3, 1969. /s/ J. H. Henderson, Jr. Representative /s/ Joe Mack Wilson, Representative Sworn to and subscribed before me, this 20th day of January, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved March 28, 1969. CITY COURT OF WALKER COUNTYNAME CHANGED TO CIVIL AND CRIMINAL COURT OF WALKER COUNTY. No. 169 (House Bill No. 342). An Act to amend an Act creating the City Court of Walker County, approved March 5, 1957 (Ga. L. 1957, p. 2561), as amended by an Act approved March 17, 1958 (Ga. L. 1958, p. 2536), an Act approved March 9, 1959 (Ga. L. 1959, p. 2254), an Act approved March 24, 1965 (Ga. L. 1965, p. 2604), an Act approved April 6, 1967 (Ga. L. 1967, p. 2720), and an Act approved April 6, 1967 (Ga.

Page 2424

L. 1967, p. 2963), so as to change the name of said court to the Civil and Criminal Court of Walker County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the City Court of Walker County, approved March 5, 1957 (Ga. L. 1957, p. 2561), as amended by an Act approved March 17, 1958 (Ga. L. 1958, p. 2536), an Act approved March 9, 1959 (Ga. L. 1959, p. 2254), an Act approved March 24, 1965 (Ga. L. 1965, p. 2604), an Act approved April 6, 1967 (Ga. L. 1967, p. 2720), and an Act approved April 6, 1967 (Ga. L. 1967, p. 2963), is hereby amended by striking therefrom wherever the same shall appear the words City Court of Walker County and City Court and substituting in lieu thereof the words Civil and Criminal Court of Walker County. Name changed. Section 2. The change in the name of said court accomplished by the provisions of this Act is not intended to have any effect whatsoever upon the constitutional status, jurisdiction, personnel, practice and procedure and other related matters of said court, and in regards to such matters, this Act shall have no effect whatsoever. This Act is intended solely to effect a change in the name of said court so that henceforth, said court shall be known as the Civil and Criminal Court of Walker County. Intent. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to amend an act establishing the City Court of Walker County, Georgia as amended so as to change the name of said court to The Civil and Criminal Court of Walker County. This 19th day of December, 1968. Wayne Snow, Jr. Representative, District 1, Post 3

Page 2425

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of notice of intention to introduce local legislation was published in The Walker County Messenger which is the official organ of Walker County, on the following dates: December 25, 1968 and January 1, 8, 1969. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 10th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved March 28, 1969. CITY COURT OF WALKER COUNTYSALARIES OF JUDGE AND SOLICITOR. No. 172 (House Bill No. 552). An Act to amend an Act creating the City Court of Walker County, approved March 5, 1957 (Ga. L. 1957, p. 2561), as amended, particularly by an Act approved March 9, 1959 (Ga. L. 1959, p. 2254), an Act approved March 24, 1965 (Ga. L. 1965, p. 2604), an Act approved April 6, 1967 (Ga. L. 1967, p. 2720), and an Act approved April 6, 1967 (Ga. L. 1967, p. 2963), so as to change the compensation of the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 2426

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the City Court of Walker County, approved March 5, 1957 (Ga. L. 1957, p. 2561), as amended, particularly by an Act approved March 9, 1959 (Ga. L. 1959, p. 2254), an Act approved March 24, 1956 (Ga. L. 1965, p. 2604), an Act approved April 6, 1967 (Ga. L. 1967, p. 2720), and an Act approved April 6, 1967 (Ga. L. 1967, p. 2963), is hereby amended by striking from section 3 the following: $5,400.00 and substituting in lieu thereof the following: $7,400.00, so that when so amended section 3 shall read as follows: Section 3. There shall be a judge of said city court, who shall be elected by the qualified voters of said County of Walker, who shall hold his office for a term of four years, and if there should be a vacancy in the office of judge, the Governor shall, by appointment, fill the same until the next general election, when the judge shall be elected to fill the unexpired term, which election shall be held under the same rules as govern other elections provided, that if said vacancy occurs within thirty days of the next general election, then the appointment of the Governor shall continue for the remainder of the unexpired term. The judge of said city court shall receive a salary of $7,400.00 per annum and an expense allowance of $600.00 per annum, and which shall be paid monthly from the treasury of the County of Walker, and it shall be the duty of the Commissioner of Roads and Revenue of said county, or other proper officers, to make provisions annually in levying taxes for this purpose. The judge shall receive no other compensation, but may practice law in any court except his own. Any provisions of this section pertaining to the salary of the judge of the city court shall not be effective until January 1, 1959. Judge's salary.

Page 2427

Section 2. Said Act is further amended by striking from section 5 the following: Said solicitor shall receive a salary for his services in the amount of $4,800.00 per annum payable in equal monthly installments from the funds of Walker County. In addition to said salary, the solicitor shall be entitled to receive $1200.00 per annum as an expense allowance. Said expense allowance shall be payable quarterly from the funds of Walker County. Said solicitor shall receive no other compensation but may practice law in any court except the City Court of Walker County. Solicitor. Section 3. Said Act is further amended by inserting following section 5 a new section to be known as Section 5A and to read as follows: Section 5A. Said solicitor shall receive a salary for his services in the amount of $6,800.00 per annum payable in equal monthly installments from the funds of Walker County. In addition to said salary, the solicitor shall be entitled to receive $1200.00 per annum as an expense allowance. Said expense allowance shall be payable quarterly from the funds of Walker County. Said solicitor shall receive no other compensation but may practice law in any court except the City Court of Walker County. Solicitor. Section 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to amend an act creating the City Court of Walker

Page 2428

County so as to change the compensation of the judge and of the solicitor of said court; and for other purposes. This 20th day of January, 1969. George W. Adams Judge, City Court of Walker County William M. Campbell Solicitor, City Court of Walker County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of notice of intention to introduce local legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following dates: January 22, January 29 and February 5, 1969. /s/ Wayne Snow Representative, 1st District Sworn to and subscribed before me, this 20th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved March 28, 1969.

Page 2429

HARALSON COUNTYCOMPENSATION OF TREASURER. No. 174 (House Bill No. 622). An Act to amend an Act providing an annual salary for the treasurer of Haralson County, approved August 16, 1915 (Ga. L. 1915, p. 258), as amended by an Act approved March 27, 1941 (Ga. L. 1941, p. 863), an Act approved February 17, 1950 (Ga. L. 1950, p. 2723), an Act approved March 6, 1962 (Ga. L. 1962, p. 3136), an Act approved March 24, 1965 (Ga. L. 1965, p. 2436), and an Act approved February 28, 1966 (Ga. L. 1966, p. 2226), so as to authorize the treasurer to direct the county commissioner to pay any part of his salary as treasurer to employees in his office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing an annual salary for the treasurer of Haralson County, approved August 16, 1915 (Ga. L. 1915, p. 258), as amended by an Act approved March 27, 1941 (Ga. L. 1941, p. 863), an Act approved February 17, 1950 (Ga. L. 1950, p. 2723), an Act approved March 6, 1962 (Ga. L. 1962, p. 3136), an Act approved March 24, 1965 (Ga. L. 1965, p. 2436), and an Act approved February 28, 1966 (Ga. L. 1966, p. 2226), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. The compensation of the treasurer of Haralson County shall be one thousand nine hundred eighty dollars ($1,980.00) per annum, payable in equal monthly installments from the general funds of Haralson County, which shall be his full compensation and in lieu of commissions. The treasurer shall also receive an expense account of thirtyfive dollars ($35.00) per month which shall be paid from the general funds of Haralson County. The treasurer is hereby authorized to direct the county commissioner of Haralson County to pay any part of his salary as treasurer to any employee in his office and in such event, the salary of the

Page 2430

treasurer shall be reduced by the amount of any such payments. Payments to employees. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1969 Session of the General Assembly of Georgia, a bill to amend an Act providing an annual salary for the treasurer of Haralson County, approved August 16, 1915 (Ga. L. 1915, p. 258), as amended, so as to authorize the treasurer to employ an assistant; to provide that said assistant be compensated from a portion of the treasurer's salary; to authorize the county commissioner to pay such compensation directly to said assistant; and for other purposes. This 27 day of Jan., 1969. Thomas B. Murphy Representative, 19th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Thomas B. Murphy who, on oath, deposes and says that he is Representative from the 19th District, and that the attached copy of notice of intention to introduce local legislation was published in the Haralson County Tribune which is the official organ of Haralson County, on the following dates: February 6th, 13th, and 20th, 1969. /s/ Thomas B. Murphy Representative, 19th District

Page 2431

Sworn to and subscribed before me, this 25 day of February, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved March 28, 1969. HARALSON COUNTYACT PLACING SHERIFF AND ORDINARY ON SALARY BASIS AMENDED. No. 175 (House Bill No. 623). An Act to amend an Act placing the sheriff and ordinary of Haralson County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2259), so as to change the compensation of the sheriff and ordinary of Haralson County; to change the compensation of the deputies of the sheriff and the clerk of the ordinary of Haralson County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff and ordinary of Haralson County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2259), is hereby amended by striking from section 2 the figure 7,500.00 and inserting in lieu thereof the figure 8,500.00, so that section 2 when so amended shall read as follows: Section 2. The sheriff shall receive an annual salary of $8,500.00, payable in equal monthly installments from the funds of Haralson County. Sheriff's salary. Section 2. Said Act is further amended by striking from section 3 the figure 7,500.00 and inserting in lieu thereof

Page 2432

the figure 8,500.00, so that section 3 when so amended shall read as follows: Section 3. The ordinary shall receive an annual salary of $8,500.00, payable in equal monthly installments from the funds of Haralson County. Ordinary's salary. Section 3. Said Act is further amended by striking from section 5 the figure 5,000.00 and insering in lieu thereof the figure 6,000.00, so that section 5 when so amended shall read as follows: Section 5. The sheriff shall have the authority to appoint two deputies, who shall each receive a salary of $6,000.00 per annum, payable in equal monthly installments from the funds of Haralson County. Deputy sheriffs. Section 4. Said Act is further amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: Section 6. The ordinary shall have the authority to appoint a clerk to assist him in the performance of the offical duties of his office. Said clerk shall receive a salary of $4,800.00 per annum, payable in equal weekly or monthly installments. Clerk of ordinary. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1969 Session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff and ordinary of Haralson County on a salary basis, approved February 28, 1966 (Ga. L. 1966 p. 2259) so as to change the compensation of the sheriff, the ordinary, the sheriff's deputies and the ordinary's clerk; and for other purposes. This 27 day of Jan., 1969. Thomas B. Murphy Representative, 19th District

Page 2433

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Thomas B. Murphy who, on oath, deposes and says that he is Representative from the 19th District, and that the attached copy of notice of intention to introduce local legislation was published in the Haralson County Tribune which is the official organ of Haralson County, on the following dates: February 6th, 13th, and 20th, 1969. /s/ Thomas B. Murphy Representative, 19th District Sworn to and subscribed before me, this 25 day of February, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved March 28, 1969. HARALSON COUNTYSALARY OF COUNTY COMMISSIONER. No. 176 (House Bill No. 624). An Act to amend an Act creating the office of county commissioner of Haralson County, approved August 16, 1915 (Ga. L. 1915, p. 252), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2133), so as to change the salary of the county commissioner of Haralson County; 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 county commissioner of Haralson County, approved August 16, 1915 (Ga.

Page 2434

L. 1915, p. 252), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2133), is hereby amended by striking subsection a of section 13 in its entirety and inserting in lieu thereof a new subsection a to read as follows: a. The county commissioner of Haralson County shall be compensated in the amount of ten thousand ($10,000.00) dollars per annum, payable in equal monthly installments from the funds of Haralson County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1969 Session of the General Assembly of Georgia, a bill to amend an Act creating the office of county commissioner of Haralson County, approved August 16, 1915 (Ga. L. 1915, p. 252), as amended, so as to change the salary of the county commissioner of Haralson County; and for other purposes. This 27 day of Jan., 1969. Thomas B. Murphy Representative, 19th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Thomas B. Murphy who, on oath, deposes and says that he is Representative from the 19th District, and that the attached copy of notice of intention to introduce local legislation was published in the Haralson County Tribune which is the official organ of Haralson County, on the following dates: February 6th, 13th, and 20th, 1969. /s/ Thomas B. Murphy Representative, 19th District

Page 2435

Sworn to and subscribed before me, this 25 day of February, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved March 28, 1969. FULTON COUNTY CIVIL SERVICE BOARDCOMPENSATION OF MEMBERS. No. 177 (House Bill No. 628). An Act to amend an Act creating a Civil Service Board in Fulton County, approved March 15, 1943 (Ga. L. 1943, p. 971), as amended, particularly by an Act approved March 10, 1959 (Ga. L. 1959, p. 3035), so as to change the compensation of the members of the said Civil Service Board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Civil Service Board in Fulton County, approved March 15, 1943 (Ga. L. 1943, p. 971), as amended, particularly by an Act approved March 10, 1959 (Ga. L. 1959, p. 3035), is hereby amended by striking from section 3 the following: twenty-five ($25.00) dollars, and by inserting in lieu thereof the following: established and approved by the governing authority of Fulton County on a per diem basis so that when so amended section 3 shall read as follows: Section 3. The members of the Board shall be paid at the rate established and approved by the governing authority of Fulton County on a per diem basis for the time actually

Page 2436

devoted to the business of the Board, but no member shall be paid for more than thirty-six (36) days of service in any one year. Compensation. Section 2. This Act shall become effective when approved by the Governor or when it otherwise becomes law. Effective date. Section 3. A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to the notice of intention to apply for the passage of local legislation have been complied with for the enactment of this law. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to introduce at the January, 1969, Session of the General Assembly of Georgia a bill to amend an act approved March 15, 1943 (Ga. L. 1943, p. 971) as amended particularly by an act approved March 10, 1959 (Ga. L. 1959, p. 3035) to provide for the compensation of the members of the Civil Service Board of Fulton County; to repeal conflicting laws; and for other purposes. James O. Moore Member, Civil Service Board Publisher's Affidavit. State of Georgia,County of Fulton. Before me, the undersigned, a notary public, this day personally came Mildred N. Lazenby, who, being first duly sworn, according to law, says that she is the treasurer of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the

Page 2437

annexed is a true copy, was published in said paper on the 21, 28 days of January, 1969, and on the 4th days of February, 1969. As provided by law. /s/ Mildred N. Lazenby Sworn to and subscribed before me, this 13th day of February, 1969. /s/ Maiodis F. Palmer Notary Public Georgia, State at Large. My Commission Expires Jan. 19, 1972. (Seal). Approved March 28, 1969. CITY OF AVONDALE ESTATESCORPORATE LIMITS. No. 178 (House Bill No. 983). An Act to amend an Act to create the City of Avondale Estates; to define its limits; to provide a commission form of government; a city manager and other officers for the City of Avondale Estates; to prescribe their duties and powers and manner of election; to provide for streets and sidewalks and the working or paving of the same; to provide a system of water-works and sanitation; to provide for a board of health; to declare and define the police powers of the city; to establish a city court; to establish and maintain a public-school system; to establish a system of electric lights; to provide for taxation; to provide for the granting of licenses for all kinds of businesses, callings, or professions; and to grant a charter to said city under the name and style of the City of Avondale Estates, and for other purposes, approved August 25, 1926 (Ga. L. 1927, p. 813), as amended by Acts approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., p. 3107), February 27, 1956 (Ga. L. 1956, p. 2703), and March 3, 1962 (Ga. L. 1962, p. 3002) so as to modify and

Page 2438

expand the limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to create the City of Avondale Estates, to define its limits; to provide a commission form of government; a city manager and other officers for the City of Avondale Estates; to prescribe their duties and powers and manner of election; to provide for streets and sidewalks and the working or paving of the same; to provide a system of water-works and sanitation; to provide for a board of health; to declare and define the police powers of the city; to establish a city court; to establish and maintain a public-school system; to establish a system of electric lights; to provide for taxation; to provide for the granting of licenses for all kinds of businesses, callings, or professions; and to grant a charter to said city under the name and style of the City of Avondale Estates, and for other purposes, approved August 25, 1926 (Ga. L. 1927, p. 813), as amended by Acts approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., p. 3107), February 27, 1956 (Ga. L. 1956, p. 2703), and March 3, 1962 (Ga. L. 1962, p. 3002), is hereby amended by striking from Article I, Section 1 of said Act, the following words: thence easterly along the north side of said alley to the west side of Oak Street, thence in a southerly direction along the west side of Oak Street to the line running easterly three-hundred (300) feet northerly from and parallel with the northerly line of Avondale Road; thence easterly along said line to the westerly line of Stone Mountain Road; and inserting in lieu thereof the following words: thence easterly along the north side of said alley to the east side of Oak Street, thence in a southerly direction along the east side of Oak Street to a point at the intersection of the east side of Oak Street with the north side of North Avondale Road; thence east along the north side of North Avondale Road two-hundred-sixteen (216) feet to a point located at the southwest corner of the property now or

Page 2439

formerly owned by A. J. Nardone; thence north along the west side of the property now or formerly owned by A. J. Nardone to a point three hundred (300) feet north from the north side of North Avondale Road (said North Avondale Road being the same road as the former Avondale Road, which was the same road as the former Stone Mountain Road); thence easterly parallel with the north side of the present North Avondale Road and three hundred (300) feet therefrom to the westerly line of Stone Mountain Road (now known as North Clarendon Avenue); Article I, section 1 of said Act is further amended by striking therefrom the following words: thence continuing west along the south line of land lot 232 to a point on the south line of said land lot 232 to a point on the south line of said land lot 232 one hundred five (105) feet east from the southwest corner of said land lot 232, and substituting in lieu thereof the following words: thence continuing west along the south line of land lot 232 to a point where the south line of said land lot 232 intersects the west side of Clarendon Avenue; thence south along the west side of Clarendon Avenue (also known as Clarendon Road) to a point on the west side of Clarendon Avenue, said point being located four hundred fifty eight and six-tenths (458.6) feet north of the intersection of the west side of Clarendon Avenue and the north side of Columbia Drive; thence west four hundred fifty (450) feet more or less to a point located on the west line of land lot 217, said point being located four hundred fifty eight and six-tenths (458.6) feet north of the intersection of the west line of land lot 217 with the north side of Columbia Drive; thence north along the west line of land lot 217 to the northwest corner of said land lot 217; thence east along the north line of land lot 217 one hundred five (105) feet to a point; so that section 1 of Article I of said Act, as amended, will read:

Page 2440

Section 1. The inhabitants within the corporate limits and boundaries thereinafter described in DeKalb County, Georgia, shall be and continue a body politic and corporate under the name of City of Avondale Estates, and as such shall have perpetual succession. The said corporate limits of the City of Avondale Estates shall embrace the territory within the following boundary to-wit: Beginning at the southeast corner of land lot 248 of the 15th district of originally Henry now DeKalb County, Georgia, thence west along the south line of land lot, five hundred sixty-nine (569) feet to a southwesterly corner of property formerly owned by W. R. Hill; thence north, eight degrees and thirty minutes west fourteen hundred eightyfour (1,484) feet along said Hill line to the south side of the old Stone Mountain Road; thence continuing on the same course across said road and still continuing on same line to a point three hundred (300) feet northerly from the northerly line of the present Avondale Road (said Avondale Road being the same road as the former Stone Mountain Road); thence easterly parallel with the northerly line of the said Avondale Road and three hundred (300) feet northerly therefrom to a point one hundred forty-six and six-tenths (146.6) feet west of the intersection of said easterly line with a line extending northerly along the west side of Oak Street, thence north northwest one hundred forty (140) feet, more or less, to the north side of a ten-foot wide alley, thence easterly along the north side of said alley to the east side of Oak Street, thence in a southerly direction along the east side of Oak Street to a point at the intersection of the east side of Oak Street with the north side of North Avondale Road; thence east along the north side of North Avondale Road two hundred sixteen (216) feet to a point located at the southwest corner of the property now or formerly owned by A. J. Nardone; thence north along the west side of the property now or formerly owned by A. J. Nardone to a point three hundred (300) feet north from the north side of North Avondale Road (said North Avondale Road being the same road as the former Avondale Road, which was the same road as the former Stone Mountain Road); thence easterly parallel with the north side of the present North Avondale Road and three hundred

Page 2441

(300) feet therefrom to the westerly line of Stone Mountain Road (now known as North Clarendon Avenue); thence southeasterly in a straight line to a point on the westerly side of Ashton Place, said point being two hundred twenty five (225) feet northerly measured along the westerly line of said Ashton Place from the southerly line of Melford Place produced westerly across said Ashton Place; thence east along said produced line across Ashton Place and following the south line of Melford Place and continuing beyond east end of said Melford Place to the east line of land lot 249 of said district; thence south along said east line of land lot 249 to the center of Covington Road; thence easterly along the center of Covington Road to the center line of Stratford Road; thence southwesterly on a curved line following the center line of said Stratford Road to the center line of Kensington Road; thence westerly along the center line of Kensington Road to the point in said center line where the lines between lots 41 and 42 in block 20 of said Avondale Estates plat, produced northerly, intersects said center line of Kensington Road; thence southwesterly along said produced line and the line between lots 41 and 42 in block 20, one hundred eighty-five and three-tenths (185.3) feet to the northeasterly corner of lot 4 of said block; thence in a southerly direction along the rear lines of lots 4 to 21 both inclusive in block 20, continuing across sidewalk between blocks 20 and 21 and along the rear lines of lots 1 to 13 both inclusive in block 21 of said plat, thence continuing across Wiltshire Drive and along the lines of lots 1 to 3 of block 22, a distance of one hundred eighty (180) feet, thence northeast along the north side of lot 61 of block 22 to the western side of Stratford Road, thence in a southerly direction along the west side of Stratford Road to the southeast corner of lot 57 of block 22, thence southwest along the south side of lot 57 of block 22 to said lots' southwest corner; thence southwesterly on a straight line two hundred ten (210) feet to a point on the south line of said land lot 231, said point being two hundred sixty-five (265) feet east measured along said land lot line from the southwest corner of said land lot 231, thence west along the south line of said land lot 231 two hundred sixty-five (265) feet to the southwest corner thereof, thence continuing west along the south line of land

Page 2442

lot 232 to a point where the south line of the said land lot 232 intersects the west side of Clarendon Avenue; thence south along the west side of Clarendon Avenue (also known as Clarendon Road) to a point on the west side of Clarendon Avenue, said point being located four hundred fifty eight and six-tenths (458.6) feet north of the intersection of the west side of Clarendon Avenue and the north side of Columbia Drive; thence west four hundred fifty (450) feet more or less to a point located on the west line of land lot 217, said point being located four hundred fifty eight and six-tenths (458.6) feet north of the intersection of the west line of land lot 217 with the north side of Columbia Drive; thence north along the west line of land lot 217 to the northwest corner of said land lot 217; thence east along the north line of land lot 217 one hundred five (105) feet to a point; thence north parallel with the west line of said land lot 232 and one hundred five (105) feet east therefrom to a point on the north line of said land lot 232 one hundred five (105) feet east from the northwest corner of said land lot 232; thence west along the north line of said land lot 232, one hundred five (105) feet to the point of beginning. Section 2. All laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the 1969 Session of the General Assembly of Georgia legislation will be introduced to amend the charter of the city of Avondale Estates. J. Robin Harris Representative, District 77, Post 1 Georgia, DeKalb County. Personally appeared before the undersigned officer authorized by law to administer oaths, Britt Fayssoux, who, being duly sworn, deposes and states on oath that he is general manager of the New Era Publishing Company, Inc., a Georgia corporation, and is authorized to make this affidavit

Page 2443

on its behalf. Deponent avers that the New Era Publishing Company, Inc. is the publisher of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the County of DeKalb, and further avers that legal notice, a true copy of which is hereto attached, notice of intention to introduce local legislation was duly published once a week for 3 weeks as required by law, the dates of publication being February 13, February 20, and February 27, 1969. /s/ Britt Fayssoux Sworn to and subscribed before me, this 27 day of February, 1969. /s/ Carol E. Wheeler Notary Public, Georgia, State at Large. My Commission Expires Feb. 21, 1971. (Seal). Approved March 28, 1969. CIVIL AND CRIMINAL COURT OF DEKALB COUNTYSALARIES OF JUDGES AND SOLICITOR. No. 182 (House Bill No. 389). An Act to amend an Act creating the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, so as to provide for the procedure of said Court and salaries of the officers and certain employees of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, is hereby

Page 2444

amended by striking section 5A in its entirety and substituting in lieu thereof a new section 5A to read as follows: Section 5A. There shall be a solicitor for the Civil and Criminal Court of DeKalb County whose duty it shall be to represent the State in all prosecutions pending therein and all matters in which it is the duty of the District Attorney of the superior courts of said State to represent the State. Said solicitor shall be that person who has previously been elected or appointed to the position of solicitor of the Civil and Criminal Court of DeKalb County and who on said date is qualified and serving as such, and his successor in office thereafter. Said solicitor shall continue in office as such until the expiration of the term to which he has been elected or appointed prior to the effective date of this Act. The solicitor of the Civil and Criminal Court of DeKalb County shall be elected by the people of DeKalb County in the general election held in and for said county next preceding the expiration of the term of said solicitor. The terms of office of said solicitor shall be four years, or until his successor is elected and qualified. The commission shall issue from the Governor upon a certificate from the ordinary of DeKalb County as to his having been elected as solicitor of said county. The salary of the solicitor of the Civil and Criminal Court of DeKalb County shall be seventeen thousand five hundred ($17,500.00) dollars per annum, payable monthly out of the county treasury as an expense of the court. Solicitor. Said salary shall be in lieu of any and all fees of said solicitor as provided by law. The solicitor of the Civil and Criminal Court of DeKalb County shall have been a resident and elector of DeKalb County, Georgia, for at least one year immediately preceding his election or appointment and shall have been engaged in the practice of law at least three years next preceding his election or appointment hereunder and shall be at least twenty-five (25) years of age. Section 2. Said Act is further amended by striking in its entirety section 13A and substituting in lieu thereof a new section 13A to read as follows:

Page 2445

Section 13A. Each of the judges of the Civil and Criminal Court of DeKalb County shall all have the same powers, jurisdiction, duties, qualifications and dignity and shall receive as compensation the sum of twenty-two thousand ($22,000.00) dollars each per annum, payable monthly out of the County Treasury; except that the judge senior in point of service shall be paid an additional sum of one thousand ($1,000.00) dollars per annum, payable monthly. Judges' salaries. Section 3. Provided however that the salary increases of the judges and solicitor of the Civil and Criminal Court of DeKalb County shall not exceed the total increase in compensation of the judges of the Stone Mountain Circuit provided for at this session of the Legislature. Section 4. All laws and parts of laws in conflict with this act are hereby repealed. Notice to Apply for Local Legislation. An Act to amend an Act, approved February 14, 1951, (Ga. L. 1951, p. 2401), creating the Civil Court of DeKalb County, and Acts amendatory thereof to provide for the procedure of said court and salaries of the officers and certain employees of said court, and for other purposes. J. Oscar Mitchell, Judge Civil and Criminal Court of DeKalb County Jack B. Smith, Judge Civil and Criminal Court of DeKalb County John R. Thompson, Solicitor Civil and Criminal Court of DeKalb County Georgia, DeKalb County. Personally appeared before the undersigned officer authorized by law to administer oaths, Britt Fayssoux, who, being duly sworn, deposes and states on oath that he is general manager of the New Era Publishing Company, Inc., a

Page 2446

Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the New Era Publishing Company, Inc. is the publisher of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the County of DeKalb, and further avers that legal notice, a true copy of which is hereto attached, notice of intention to introduce local legislation was duly published once a week for 3 weeks as required by law, the dates of publication being January 9, January 16, and January 23, 1969. /s/ Britt Fayssoux Sworn to and subscribed before me, this 24 day of January, 1969. /s/ Carol E. Wheeler Notary Public, Georgia, State at Large. My Commission Expires Feb. 21, 1971. (Seal). Approved April 1, 1969. HENRY COUNTYACT PLACING NAMED OFFICERS ON SALARY BASIS AMENDED. No. 184 (House Bill No. 762). An Act to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of the fee system of compensation, approved March 25, 1958 (Ga. L. 1958, p. 3127), as amended, by an Act approved January 27, 1961 (Ga. L. 1961, p. 2007), an Act approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2278) and an Act approved April 9, 1968 (Ga. L. 1968, p. 3392), so as to change the compensation of the sheriff, the chief deputy of the sheriff, the clerk of the superior court and the ordinary of Henry County; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 2447

Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of the fee system of compensation, approved March 25, 1958 (Ga. L. 1958, p. 3127), as amended, by an Act approved January 27, 1961 (Ga. L. 1961, p. 2007), an Act approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2278) and an Act approved April 9, 1968 (Ga. L. 1968, p. 3392), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. The salary of the sheriff of Henry County shall be $11,500 per year to be paid in equal monthly installments out of county funds. The sheriff shall be authorized to employ one chief deputy, who shall be paid a salary of $7,200 per year to be paid in equal monthly installments out of county funds. In addition to the chief deputy, the sheriff is hereby authorized to employ other deputies and assistants and to set their salaries, but the number of such deputies and assistants and the salaries thereof shall be subject to the final approval of the governing authority of Henry County. The governing authority of Henry county shall furnish suitable vehicles to the sheriff and chief deputy sheriff and pay the expenses of operation of same, for the use of said sheriff and chief deputy sheriff in the performance of their official duties. Sheriff. Section 2. Said Act is further amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3, to read as follows: Section 3. The clerk of the superior court of Henry County shall be paid a salary of $7,500 per year to be paid in equal monthly installments out of county funds. The clerk of the superior court is hereby authorized to employ such deputies and other assistants as he deems necessary, to prescribe their duties and to set their salaries, but the number of such deputies and assistants and the salaries thereof shall be subject to the final approval of the board of commissioners of roads and revenues of Henry County. Clerk of superior court.

Page 2448

Section 3. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. The ordinary of Henry County shall be paid a salary of $7,500 per year to be paid in equal monthly installments out of county funds. The ordinary is hereby authorized to employ such clerks and other assistants as he deems necessary, to prescribe their duties and to set their salaries, but the number of such clerks and assistants and the salaries thereof shall be subject to the final approval of the board of commissioners of roads and revenues of Henry County. The ordinary of Henry County shall also be paid the sum of $1,200 per year to be paid in equal monthly installments out of county funds, as compensation for the performance of his duties in trying and disposing of cases of traffic violations under an Act approved February 16, 1938 (Ga. L. 1938, p. 558), as amended. Ordinary. Section 4. The provisions of this Act shall become effective on May 15, 1969. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1969 Session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff, the clerk of the superior court, and the ordinary of Henry County on an annual salary in lieu of the fee system of compensation, approved March 25, 1958 (Ga. L. p. 3127), as amended, so as to change the compensation of the sheriff, the chief deputy sheriff, the clerk of the superior court, and the ordinary of Henry County; and for other purposes. This 4th day of February, 1969. Don L. Knowles

Page 2449

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Don L. Knowles who, on oath, deposes and says that he is Representative from the 22nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Henry County Weekly Advertiser which is the official organ of Henry County, on the following dates: February 6th, 13th, 20th, 1969. /s/ Don L. Knowles Representative, 22nd District Sworn to and subscribed before me, this 4 day of March, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 1, 1969. HENRY COUNTYTREASURER'S SALARY. No. 185 (House Bill No. 763). An Act to amend an Act providing for the election and salary of the treasurer of Henry County, approved July 28, 1921 (Ga. L. 1921, p. 502), as amended, so as to change the salary of the treasurer of Henry County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the election and salary of the treasurer of Henry County, approved July 28, 1921 (Ga.

Page 2450

L. 1921, p. 502), as amended, is hereby amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. The treasurer of Henry County shall receive $2,400 per annum, payable in equal monthly installments from the funds of Henry County. In addition to said salary, he shall also receive from county funds such sums as he may pay to a surety company as premiums for his official bond. Section 2. The provisions of this Act shall become effective on May 15, 1969. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1969 Session of the General Assembly of Georgia, a bill to amend an Act creating the office of treasurer of Henry County, approved July 28, 1921 (Ga. L. 1921, p. 502), as amended, so as to change the compensation of the treasurer of Henry County; and for other purposes. This 4th day of February, 1969. Don L. Knowles Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Don L. Knowles who, on oath, deposes and says that he is Representative from the 22nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Henry County Weekly Advertiser which is the official organ of Henry County, on the following dates: February 6th, 13th, 20th, 1969. /s/ Don L. Knowles Representative, 22nd District

Page 2451

Sworn to and subscribed before me, this 4 day of March, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 1, 1969. HENRY COUNTYCOMPENSATION OF COUNTY COMMISSIONERS. No. 186 (House Bill No. 764). An Act to amend an Act creating a board of county commissioners for Henry County, approved August 8, 1921 (Ga. L. 1921, p. 490), as amended, so as to change the compensation of the members of the board of county commissioners; to provide for a travel expense allowance for each member of the board of county commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of county commissioners for Henry County, approved August 8, 1921 (Ga. L. 1921, p. 490), as amended, is hereby amended by striking section 2 in its entirety inserting in lieu thereof a new section 2, to read as follows: Section 2. A board of county commissioners for Henry County, Georgia, is hereby created. Said board shall consist of five persons who shall reside in said county and in the commissioner district from which they are elected, respectively. Said county commissioners shall be elected by the qualified voters of the entire county. Said county commissioners shall serve for a term of office of four years each and until their successors are elected and qualified.

Page 2452

The compensation of the chairman of the board shall be $3,600 per annum, the compensation of the vice chairman shall be $2,700 per annum and the compensation of the other members of the board shall be $2,400 per annum. Said salaries shall be payable in equal monthly installments out of the general funds of Henry County. In addition, each member of the board of county commissioners shall receive a travel expense allowance of $600 per annum, payable in equal monthly installments from the funds of Henry County. Compensation. Section 2. The provisions of this Act shall become effective on May 15, 1969. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1969 Session of the General Assembly of Georgia, a bill to amend an Act creating a board of county commissioners for Henry County, approved August 8, 1921 (Ga. L. 1921, p. 490), as amended, so as to change the compensation of the members of the board of county commissioners of Henry County; and for other purposes. This 4th day of February, 1969. Don L. Knowles Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Don L. Knowles who, on oath, deposes and says that he is Representative from the 22nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Henry County Weekly Advertiser which is the official organ of Henry County, on the following dates: February 6th, 13th, 20th, 1969. /s/ Don L. Knowles Representative, 22nd District

Page 2453

Sworn to and subscribed before me, this 4 day of March, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 1, 1969. CITY OF SAVANNAHCORPORATE LIMITS. No. 188 (House Bill No. 775). An Act to amend the several Acts relating to and incorporating the mayor and aldermen of the City of Savannah; to extend the corporate limits of the City of Savannah; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage of this Act, the city limits of the City of Savannah known as the Mayor and Aldermen of the City of Savannah, in addition to all the territory, land improvements included in the corporate limits of the City of Savannah as of December 31, 1968, shall be extended to include the territory, land and improvements bounded on the north, south, east and west by the corporate limits of the City of Savannah as they existed December 31, 1968, and including all the territory, land and improvements located within the following described boundaries: All of Hunter Army Air Field which is not now in the city limits of Savannah, being all of that portion of Hunter Army Air Field, formerly Hunter Air Force Base, south of a projection of the northern right of way line of the Burkhalter Road and bounded on the north by the present corporate limits, on the south by the southern boundary line of Hunter Army Air Field, on the west by the western boundary

Page 2454

line of Hunter Army Air Field, and on the east by the eastern boundary line of Hunter Army Air Field. And also Beginning at the intersection of the northern right of way of the Savannah and Ogeechee Canal with the eastern right of way of Dean Forest Road; thence in a northerly direction along the eastern right of way of Dean Forest Road and the proposed relocation of Dean Forest Road, said proposed relocation being now under construction by the State Highway Department, to U. S. Highway 80; thence northwardly along the eastern right of way of Dean Forest Road to the southern boundary line of Travis Field; thence following the boundary lines of Travis Field in an easterly, northerly, westerly and southerly direction to a point where the Travis Field boundary line meets the western right of way of Dean Forest Road, so as to include all of Travis Field; Except Parcel `A' containing 69.519 acres and Parcel `B' containing 41.647 acres as specifically shown on a plat of said Parcel `A' and Parcel `B' prepared by Thomas Hutton Engineering Company, and recorded in the Office of the Clerk of the Superior Court of Chatham County in Plat Record Book R, page 76; except a tract or parcel of land lying immediately South of the property above referred to as Parcel `A' and Parcel `B', which tract or parcel is bounded on the north by lands now leased to Grumman Aircraft Engineering Corporation by the Savannah Airport Commission, on the west by a line seven hundred fifty (750) feet east of the center line of the north-south runway of Travis Field, on the south by a line seven hundred fifty (750) feet north of the center line of the east-west runway of Travis Field, and on the east by the eastern boundary of the property known as Travis Field, title to which is in the Savannah Airport Commission; except a tract or parcel of land which is to be used for industrial development which is bounded on the north by Bourne Avenue, on the east by the Savannah and Atlanta Railway, on the south by the southern boundary of Travis Field and on the west by Travis Field Road; thence southwardly along the western right of way of Dean Forest Road to Highway 80; thence southwardly along the western right of way of the Dean Forest Road, as above proposed, and along the western right of way

Page 2455

of Dean Forest Road to the southern right of way of the Savannah and Ogeechee Canal; thence eastwardly along the southern right of way of the Savannah and Ogeechee Canal to the point of intersection with the corporate limits; thence northwardly along the corporate limits to the intersection with the northerly right of way of the Savannah and Ogeechee Canal; thence westwardly along the northern right of way of the Savannah and Ogeechee Canal to the point of beginning. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Notice of Intention to Apply for Legislation. State of Georgia, County of Chatham. Notice is hereby given of the intention to apply for legislation to change the corporate limits of the mayor and aldermen of the City of Savannah, to otherwise amend the laws contained in the charter of the mayor and aldermen of the City of Savannah, and for other purposes. Jack H. Usher City Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur Gignilliat who, on oath, deposes and says that he is Representative from the 89th District, and that the attached copy of notice of intention to introduce local legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: January 28th, February 4th and February 11, 1969. /s/ Arthur Gignilliat Representative, 89th District

Page 2456

Sworn to and subscribed before me, this 4th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 1, 1969. BUTTS COUNTY BOARD OF EDUCATION CREATEDREFERENDUM. No. 189 (House Bill No. 875). An Act to create a new board of education of Butts County; to provide for the membership of said board; to provide for the election of the members of said board; to provide for the filling of vacancies; to provide for the election of a chairman of said board; to provide that said board shall appoint a county school superintendent to serve at the pleasure of said board; to provide for the compensation of said superintendent; to provide for all matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created a new board of education of Butts County. Such board shall consist of five members who shall reside anywhere in Butts County and shall be elected as hereinafter provided. Created. Section 2. (a) For the purpose of electing members to the board, there shall be five board posts which shall be numbered consecutively as Board Posts 1 through 5. Any person desiring to run for the board shall designate the board post for which he is offering. All members of the board shall be elected by the voters of the county by receiving a majority of the votes cast for the board post for which he offered at the election hereinafter provided. Members, terms, etc.

Page 2457

(b) At the general election to be held in November, 1970, the five members of the board of education of Butts County shall be elected for terms as hereinafter provided. The three members elected for Board Posts 1, 2 and 3 shall be elected for terms of four years and until their successors are duly elected and qualified. The two members elected for Board Posts 4 and 5 shall be elected for initial terms of two years and until their successors are duly elected and qualified. All members elected at said general election held in November, 1970, shall take office on January 1, 1971. Thereafter, all members shall be elected at the general election immediately preceding the expiration of their respective terms of office for terms of four years and until their successors are duly elected and qualified, and shall take office on the first day of January immediately following their election. Section 3. (a) In the event a vacancy occurs on the board for any reason other than the expiration of the term of office, the remaining members of said board shall elect a person who shall serve for the unexpired term. Vacancies, chairman, etc. (b) At the board's first meeting following the taking of office of newly elected members, the members of the board shall elect, by a majority vote, one of their number to serve as chairman for two years and until the subsequent election of a chairman in the same manner as provided above. A member shall be eligible to succeed himself as a member of the board and also as chairman of the board. Section 4. The board of education of Butts County existing on the effective date of this Act shall continue in existence through December 31, 1970, but the terms of all members of such board shall expire at that time and such board shall stand abolished. The board created herein shall be the successor to such abolished board and shall be subject to all provisions of law relative to county boards of education except those provisions of law which are in conflict with the provisions of this Act. Present board. Section 5. (a) The board of education created herein shall appoint, by a majority vote of its members, the county

Page 2458

school superintendent who shall serve at the pleasure of the board. The first superintendent appointed by said board shall be appointed at the last meeting of the board held in 1972. Such superintendent shall take office on January 1, 1973. The county school superintendent holding office on the effective date of this Act shall continue to serve the term of office for which he was elected and until his successor is appointed by the board as provided herein. In the event a vacancy occurs in the office of county school superintendent prior to the expiration of the present term of office, such vacancy shall be filled as provided herein. No election for county school superintendent by the people shall be held in 1972. Superintendent. (b) The county school superintendent appointed by the board shall receive such compensation as the board shall provide by a majority vote of its members. The compensation of the superintendent shall be fixed by the board, and the amount of such compensation shall be duly recorded in the minutes of the board. The county school superintendent appointed by the board shall be subject to all provisions of law relative to county school superintendents except those provisions of law which are in conflict with the provisions of this Act. Section 6. Not more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Butts County to issue the call for an election for the purpose of submitting this Act to the voters of Butts County for approval or rejection. The ordinary shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The ordinary 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 Butts County. The ballot shall have written or printed thereon the words: For approval of the Act providing for a new board of education of Butts County, the membership of said board, the election of the members of said board, the filling of vacancies on said board, the election of a chairman of said

Page 2459

board, the appointment of a county school superintendent by said board to serve at the pleasure of said board, the compensation of said superintendent, and all matters relative to the foregoing. Referendum. Against approval of the Act providing for a new board of education of Butts County, the membership of said board, the election of the members of said board, the filling of vacancies on said board, the election of a chairman of said board, the appointment of a county school superintendent by said board to serve at the pleasure of said board, the compensation of said superintendent, and all matters relative to the foregoing. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than onehalf of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Butts County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to change the method of selection of the Butts County school board and the Butts County school superintendent;

Page 2460

to provide that the bill shall become effective if approved in a referendum; and for other purposes. This 10th day of February, 1969. Harold G. Clarke Representative, 33rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold G. Clarke who, on oath, deposes and says that he is Representative from the 33rd District, and that the attached copy of notice of intention to introduce local legislation was published in The Jackson Progress-Argus which is the official organ of Butts County, on the following dates: February 13, 20, 27, 1969. /s/ Harold G. Clarke Representative, 33rd District Sworn to and subscribed before me, this 10th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission expires January 9, 1971. (Seal). Approved April 1, 1969. ACT CREATING CIVIL AND CRIMINAL COURT OF COBB COUNTY AMENDED. No. 190 (House Bill No. 878). An Act to amend an Act creating the Civil and Criminal Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended by an Act approved April 8,

Page 2461

1965 (Ga. L. 1965, p. 3313), an Act approved March 2, 1966 (Ga. L. 1966, p. 2904) and an Act approved April 1, 1968 (Ga. L. 1968, p. 2948), so as to provide that said court shall be a court of record except in certain cases; to change certain court costs; to change the compensation for the official court reporters; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Civil and Criminal Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended by an Act approved April 8, 1965 (Ga. L. 1965, p. 3313), an Act approved March 2, 1966 (Ga. L. 1966, p. 2904), and an Act approved April 1, 1968 (Ga. L. 1968, p. 2948) is hereby amended by inserting in the tenth (10th) line of section 17 (a) after the word record, the following: , except in civil cases wherein the amount sued for does not exceed $300.00 so that when amended said subsection shall read as follows: Section 17. (a) Henry L. Williams, present justice of the peace of the 898th G. M. District shall be clerk of the Civil and Criminal Court of Cobb County, for the first four year term commencing January, 1965, and until his successor is elected or appointed. Thereafter, the said clerk shall be elected as is provided herein for the judge hereof. Any candidate for office as said clerk shall be thirty years of age and shall have resided in said county not less than three years at the time of election. The said court shall be a court of record, except in civil cases wherein the amount sued for does not exceed $300.00, and such clerk shall have authority to file all papers, suits, etc., sign and issue all summons, process, criminal warrants, and executions, including the power to administer oaths and take affidavits and, among others, attachment and garnishment proceedings, illegalities, counter affidavits to any proceedings from said court, statutory awards, proceedings against intruders and tenants holding over, partition of personalty, trover and bail, distress warrants and issues thereon, foreclosures of all liens on real estate and personal property, possessory warrants and dispossessory warrants and other like proceedings

Page 2462

and processes, and make all necessary records and entries on the docket, and to perform such duties as required by the judge of said court, not inconsistent with the law. Said clerk shall give bond to be approved by the judge and payable to the governing authority of Cobb County in the sum of $25,000.00 for the faithful performance of his duties as clerk, the cost thereof to be paid for as other expense of said court. Court of record in certain cases. Section 2. Said Act is further amended by striking section 20 in its entirety and inserting in lieu thereof a new section 20, to read as follows: Section 20. From and after April 1, 1969 each party filing a suit or proceeding of any character, except a garnishment proceeding, in the Civil and Criminal Court of Cobb County shall deposit with the clerk of said court, except as hereinafter provided, the total cost, which shall include judgment and fi. fa. for all suits or proceedings of any character, except garnishment proceedings, irrespective of how they shall be terminated, shall be six ($6.00) dollars plus two ($2.00) dollars for each defendant more than one, provided, however, where the principal amount involved is more than one hundred ($100.00) dollars the cost shall be twelve ($12.00) dollars plus two ($2.00) dollars for each defendant more than one. The total cost, except as hereinafter provided, for a garnishment proceeding, irrespective of how it shall be terminated, shall be five ($5.00) dollars plus two ($2.00) dollars for each summons more than one, provided, however, where the principal amount involved is more than one hundred ($100.00) dollars the cost shall be ten ($10.00) dollars plus two ($2.00) dollars for each summons more than one. In addition to the foregoing costs, the clerk of said court shall charge and collect costs as follows: Costs. For issuing scire facias each defendant including service $3.00 For each verdict rendered more than one and docketing same 1.00 For each judgment more than one and docketing same 3.00 For each motion for a new trial and docketing same 1.00 For affidavit to obtain alias fi. fa. .50 For taking and approving supersedeas bond 3.00 For answering each writ of certiorari 3.00 For filing and docketing each appeal to the Appellate Division, including filing all briefs 3.00 For each motion for judgment notwithstanding the verdict and docketing same 1.00 For entering judgment or remittitur from Court of Appeals or Supreme Court 3.00 For exemplifications of records, per hundred words .20 For affidavit where no cause is pending .50 For certificate and seal of court 1.00 For certified copy under Code Section 38-627 2.50 For filing and docketing each traverse to answer of garnishment including service 3.00

Page 2463

Provided, however, that the clerk shall not be required to file a traverse to answer of garnishment unless the cost is paid at the time of filing. Marshal For levying each fi. fa. and advertisement, where amount involved is $100.00 or less $1.00 For levying each fi. fa. and advertisement, where amount involved is over $100.00 2.25 For each search and return of nulla bona 1.00 For each arrest in bail trover case 5.00 For advertising personal property for sale 2.50 For settling fi. fa. from another court 2.00 For marshal's bill of sale to personalty 3.50

Page 2464

Commission on personal property of the Marshal's sale shall be 5% on the first $1,000.00 and 3% on all amounts in excess of $1,000.00; the marshal's fee shall be $5.00 for levy on real property; the marshal's fee for a marshal's deed shall be $5.00. Provided, further, the clerk of said court is hereby authorized to deduct the sum of fifty cents ($0.50) from the total cost of each and every suit or proceeding filed in said court and pay to the Treasurer of Cobb County Law Library. In all cases requiring the transport and storage of personalty, the fee and costs therefor shall be such reasonable costs as shall be required of the officer to obtain such services. All costs not provided for herein shall be charged for and collected by said court on the same basis as costs now fixed or which may hereafter be fixed by law for the Superior Court of Cobb County. The costs in criminal matters in said court, and before the judge thereof, not already provided for herein, shall be the same as is now provided for, or which may hereafter be provided for, by law, in criminal matters in the Superior Court of Cobb County. Section 3. Said Act is further amended by striking subsection (b) of section 27 in its entirety and inserting in lieu thereof a new subsection (b), to read as follows: (b) The judges of said court shall have the power to appoint and at pleasure remove, two official reporters, or stenographic reporters, for said court. Such official reporters shall be duly sworn in open court faithfully to perform all the duties required of them by the judges of said court. It shall be their duty when directed by one of the judges of said court to attend the court and to exactly and truly record or take stenographic notes of the testimony and proceedings in the case tried. The compensation of said official reporters, or stenographic reporters, shall be such salaries as may be fixed by the board of commissioners

Page 2465

of roads and revenues of Cobb County upon the recommendation of the judges of said court, same being for attendance in court as directed by said judges and for the taking down of such criminal felony committal hearings as are required by law to be reported. In addition to the above salaries, such official court reporters of the Cvil and Criminal Court of Cobb County shall be compensated by the requesting party in misdemeanor cases at the rate not to exceed twenty cents ($0.20) per one hundred words for take-down in said cases. For each legal page 8[UNK][UNK]14[UNK] and having thereon at least 23 lines, such reporters shall be compensated the sum of sixty cents ($0.60) per page for each transcript copy required by law, said compensation shall be paid by the authority having charge of the fiscal affairs of Cobb County, upon order of the presiding judges. Such reporters shall be compensated the further sum of thirty cents ($0.30) per page for such additional copy or copies as may be ordered by any party or parties; provided, however, when the copies are requested by any State or county officer, the copy shall be furnished at actual cost of duplication, and when duplicated by the officer, a copy shall be furnished without expense. The official court reporters of the Civil and Criminal Court of Cobb County shall be paid by parties litigant for civil cases the rate not to exceed twenty cents ($0.20) per one hundred words for take-down, and one dollar and ten cents ($1.10) per legal page 8[UNK] [UNK] 14[UNK], and having at least 23 lines, for the transcript of the proceedings and evidence as required by an appellant. Any additional copy or copies of the appellant's transcript which may be ordered by an appellee, or any other person, shall not exceed the rate of thirty cents ($0.30) per page of such transcript. In all transcripts an exhibit page shall be compensated at the same rate as the transcript pages, or the actual cost of reproducing each exhibit, whichever is greater, regardless of the number of lines involved; provided the cost of reproducing an exhibit, whether by carbon or photostatic reproduction shall be borne by the court reporter. Court reporters. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2466

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1969 Session of the General Assembly of Georgia, a bill to amend an Act creating the Civil and Criminal Court of Cobb County, approved March 28, 1964 (Ga. L. 1964, p. 3211); and for other purposes. This 20th day of December, 1968. Cyrus M. Chapman Sam P. Hensley Senators George H. Kreeger Eugene Housley Howard Atherton A. L. Burruss Joe Mack Wilson J. H. Henderson, Jr. Hugh Lee McDaniell Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George H. Kreeger who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of notice of intention to introduce local legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: Jan 24, January 31 and February 7, 1969. /s/ George H. Kreeger Representative, 117th District Sworn to and subscribed before me, this 10th day of March, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved April 1, 1969.

Page 2467

CITY OF SANDERSVILLECHARTER AMENDED, REFERENDUM. No. 198 (House Bill No. 328). An Act to amend an Act incorporating the City of Sandersville, approved February 3, 1941 (Ga. L. 1941, p. 1692), as amended by an Act approved March 6, 1956 (Ga. L. 1956, p. 3067), an Act approved April 5, 1961 (Ga. L. 1961, p. 2926), an Act approved March 3, 1964 (Ga. L. 1964, p. 2292), an Act approved March 4, 1964 (Ga. L. 1964, p. 2467), an Act approved March 2, 1966 (Ga. L. 1966, p. 2832), and an Act approved April 6, 1967 (Ga. L. 1967, p. 2916), so as to abolish the office of city treasurer; to provide for the assumption, performance and exercise of his duties, powers and responsibilities by a city employee designated by the mayor and council and to change the time of the election and installation of city officials, and to establish aldermanic posts; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Sandersville, approved February 3, 1941 (Ga. L. 1941, p. 1692), as amended by an Act approved March 6, 1956 (Ga. L. 1956, p. 3067), an Act approved April 5, 1961 (Ga. L. 1961, p. 2867), an Act approved April 5, 1961 (Ga. L. 1961, p. 2926), an Act approved March 3, 1964 (Ga. L. 1964, p. 2476), an Act approved March 2, 1966 (Ga. L. 1966, p. 2832), and an Act approved April 6, 1967 (Ga. L. 1967, p. 2916), is hereby amended by striking in its entirety section 4 of said Act and inserting in lieu thereof the following: Section 4. On the third Wednesday in November, 1971 and every two years thereafter, an election shall be held, at which election, a mayor and five aldermen shall be elected, all of whom shall take office on January 1, 1972 and who shall hold office for two years and until their successors are elected and qualified, and thereafter an election for these officers shall be held biennially on the third

Page 2468

Wednesday in November and such officers shall be installed on January 1 following such election, provided however, that said installation shall be held on the next working day after January 1. Elections. Section 2. Said Act is further amended by adding a new section, to be designated as section 4A, to read as follows: Section 4A. There shall be created in and for the City of Sandersville five (5) aldermanic election posts designated as follows: Alderman Post 1; Alderman Post 2; Alderman Post 3; Alderman Post 4; and Alderman Post 5. Aldermanic posts. Section 3. Said Act is further amended by striking in its entirety section 5 of said Act and inserting in lieu thereof the following: Section 5. All candidates in such election shall file with the clerk of the city at least fifteen days prior to said election, a written and signed notice of his or her intention to qualify for a named office and all candidates for alderman shall designate the aldermanic post for which he or she seeks to qualify and seek election. No persons shall be candidate for any office who do not qualify according to the requirements of the charter and amendments thereto. Said city clerk, under the direction of the mayor and aldermen, shall have ballots prepared and these shall be the official ballots, and no other ballots shall be legal for use in said election. Elections. Section 4. Said Act is further amended by striking in its entirety section 19 of said Act and inserting in lieu thereof the following: Section 19. In case of a tie between two or more candidates having the highest vote in any election between the candidates so tied for mayor, aldermen, or other elective office, a new election between the candidates so tied shall be ordered between the parties having the highest vote; said election shall be ordered within ten days after the results of the election have been declared, and the person receiving the highest number of votes in this runoff election shall be declared elected. Tie votes.

Page 2469

Section 5. Said Act is further amended by striking in its entirety section 20 of said Act and inserting in lieu thereof the following: Section 20. All officers elected shall take office the first day of January, after said election; they shall on that date meet at the city hall in the City of Sandersville; should any elected officer be absent at that time he or they may take the oath of office as soon thereafter as is practicable. Oaths. Section 6. Said Act is further amended by striking in its entirety section 27 of said Act and inserting in lieu thereof the following: Section 27. Act their meeting in January, 1970, and biennially thereafter on the first Monday in January after the election of the mayor and aldermen, the mayor and aldermen shall elect a city clerk, and/or a city manager, and a city marshal, who shall be ex officio chief of police and as many policemen as may be necessary, and also a city attorney, tax receiver and such other city officers, employees or agents as they may deem necessary to carry on the business of the city. City officials. Section 7. Said Act is further amended by striking in its entirety section 35 of said Act and inserting in lieu thereof the following: Section 35. The mayor and council shall appoint a city employee to act as the receiver of tax returns of the City of Sandersville, and it shall be his or her duty to receive the tax returns of the taxpayers thereof in the manner and at the time provided for by the charter and ordinances. It shall be his or her duty to make up the tax digest for the City of Sandersville and deliver the same to the tax assessors for said city upon their appointment. Tax returns. The city clerk or city manager, the one designated by council, shall perform all duties and exercise all powers heretofore reposed in or executed by the city treasurer as were formally set out in section 35 of Acts of 1941 creating

Page 2470

a charter for the City of Sandersville insofar as they apply to the receiving of and distributing of city funds; provided, however, that said city clerk or city manager shall not be entitled to additional compensation as a result of this amendment. Treasurer. Section 8. Said Act is further amended by striking from section 50 the following sentence: And the treasurer shall complete and turn over the tax digest to the tax assessor's board on the 15th day of January each year. Tax digest. and by inserting in lieu thereof the following: And the tax receiver shall complete and turn over the tax digest to the tax assessor's board on the 15th day of January each year. Section 9. Said Act is further amended by striking from section 54 thereof the following: Taxpayers may make returns to December 15th, when treasurer's returns shall end on December 15th, and his returns of taxpayers close; the lien for taxes shall become fixed as of October first; the treasurer shall turn over to tax assessors records of taxpayers and tax digest by or before January 15. and by inserting in lieu thereof the following: Taxpayers may make returns to December 15th, when tax receiver returns shall end on December 15th, and his returns of taxpayers close; the lien for taxes shall become fixed as of October 1st; the tax receiver shall turn over to tax assessors records of taxpayers and tax digest by or before January 15th. Tax returns. Section 10. Said Act is further amended by striking from section 55 thereof the following:

Page 2471

shall make a return of such property for taxation to the treasurer of the City of Sandersville, on or before December 15th of each year. Same. and by inserting in lieu thereof the following: shall make a return of such property for taxation to the tax receiver of the City of Sandersville, on or before December 15th of each year. Section 11. Not less than 30 nor more than 60 days after the date of approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the proper official of the City of Sandersville to issue the call for an election for the purpose of submitting sections 1 and 2 of this Act to the voters of the City of Sandersville for approval or rejection. The proper official shall set the date of such election for the last Wednesday in June, 1969. The said official shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of the City of Sandersville. The ballot shall have written or printed thereon the words: For approval of section 1 of an Act amending the charter of the City af Sandersville, and which changes the time of election and installation of officers of the City of Sandersville from the last Wednesday in August and the first Monday in September to the last Wednesday in November and the first day of January. For approval of section 2 of an Act amending the charter of the City of Sandersville and which establishes five aldermanic posts. Referendum. All persons desiring to vote in favor of either amendment shall vote Yes at the proper place on the ballot. All persons desiring to vote against either amendment shall vote No in like manner. If either of said amedments shall be approved, by a majority of the voters voting thereon, it shall become a part

Page 2472

of the charter of the City of Sandersville. If either of said amendments shall not be approved, then the one or both failing to receive such approval shall be void and of no legal effect. If section 1 shall be approved, the officers elected on the last Wednesday in August, 1969, shall remain in office until the new officers elected in November, 1971, are installed on January 1, 1972. Section 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Passage of Local Bill. Notice is hereby given that I shall introduce a bill in the 1969 session of the General Assembly to amend the charter of the City of Sandersville so as to abolish the office of treasurer; to change the time for election and installation of municipal officials from August and September to November and January and to provide for a referendum by the people regarding same and for other purposes. This 8th day of January, 1969. Francis Joiner, Representative from District No. 35, Washington County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Francis Joiner who, on oath, deposes and says that he is Representative from the 35th District, and that the attached copy of notice of intention to introduce local legislation was published in The Sandersville Progress which is the

Page 2473

official organ of Washington County, on the following dates: January 16th, 23rd, and 30th, 1969. /s/ Francis Joiner Representative, 35th District Sworn to and subscribed before me, this 10th day of February, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved April 3, 1969. WASHINGTON COUNTYEXPENSE ALLOWANCE FOR BOARD OF COMMISSIONERS. No. 200 (House Bill No. 681). An Act to amend an Act creating a board of commissioners of roads and revenues in and for the County of Washington (now board of commissioners of Washington County), approved August 20, 1913 (Ga. L. 1913, p. 452), as amended, particularly by an Act approved March 18, 1964 (Ga. L. 1964, p. 3097), so as to provide an expense allowance of $100 per month for each member of said board of commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues in and for the County of Washington (now board of commissioners of Washington County), approved August 20, 1913 (Ga. L. 1913, p. 452), as amended, particularly by an Act approved March 18, 1964 (Ga. L. 1964, p. 3097), is hereby amended by striking section 10 in

Page 2474

its entirety and inserting in lieu thereof a new section 10, to read as follows: Section 10. Each member of the board of commissioners of Washington County shall receive a monthly salary of $150.00, and, in addition, an expense allowance of $100.00 per month, each of which shall be paid from funds of Washington County. Before entering upon the performance of his duties, each commissioner shall give bond in the amount of $1,500.00, payable to the ordinary of Washington County, conditioned upon the faithful performance of his duties, which bond shall be approved by the ordinary of said county. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to provide an expense allowance of $100 for each member of the Washington County board of commissioners; and for other purposes. This 11th day of February, 1969. Francis A. Joiner Representative, 35th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Francis A. Joiner who, on oath, deposes and says that he is Representative from the 35th District, and that the attached copy of notice of intention to introduce local legislation

Page 2475

was published in The Sandersville Progress which is the official organ of Washington County, on the following dates: February 13th, 20th, 27th, 1969. /s/ Francis A. Joiner Representative, 35th District Sworn to and subscribed before me, this 27 day of February, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved April 3, 1969. COBB COUNTY BOARD OF EDUCATIONEDUCATION DISTRICTS, REFERENDUM. No. 209 (House Bill No. 267). An Act to change the boundaries of the seven Education Districts of the Cobb County School District; to provide for a referendum; 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. For the purpose of electing members to the Board of Education of Cobb County, the Cobb County School District is hereby divided into seven Education Districts as follows: Education District No. 1 shall be composed of Wards 1, 3, 4, 5, 6 and 7 of Militia District No. 1292 (Smyrna). Education District No. 2 shall be composed of Militia District No. 1395 (Howells), Militia District No. 1900 (Mt.

Page 2476

Harmony), Militia District No. 992 (Lemons), and Ward 3 of Militia District No. 895 (Coxes). Education District No. 3 shall be composed of Militia District No. 1378 (Austell), Militia District No. 1826 (Clarkdale), Wards 1 and 2 of Militia District No. 895 (Coxes), and Ward 2 of Militia District No. 1292 (Smyrna). Districts. Education District No. 4 shall be composed of Militia District No. 851 (Acworth), Militia District No. 991 (Big Shanty), Militia District No. 1540 (Lost Mountain), Militia District No. 1318 (Red Rock), Militia District No. 1608 (Macland), Militia District No. 1017 (Oregon), and Militia District No. 846 (Powder Springs). Education District No. 5 shall be composed of Militia District No. 1897 (Elizabeth), Militia District No. 911 (Gritter), Militia District No. 897 (Merritts), Militia District No. 1319 (Post Oak), and Ward 8 of Militia District No. 898 (Marietta). Education District No. 6 shall be composed of Militia District No. 1679 (Fullers) and Militia District No. 1568 (Vinings). Education District No. 7 shall be composed of Militia District No. 1891 (Fair Oaks). Section 2. Not less than 5 nor more than 15 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Cobb County to issue the call for an election for the purpose of submitting this Act to the voters of the Cobb County School District for approval or rejection. The ordinary shall set the date of such election for May 14, 1969. The ordinary 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 Cobb County. The ballot shall have written or printed thereon the words:

Page 2477

For approval of the Act changing the boundaries of the Education Districts from which members of the Board of Education of Cobb County are elected. Referendum. Against approval of the Act changing the boundaries of the Education Districts from which members of the Board of Education of Cobb County are elected. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Cobb County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. The provisions of section 2 shall become effective upon the approval of this Act by the Governor or upon its becoming law without his approval. The remaining provisions shall become effective when approved in the referendum provided for in said section. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1969 Session of the General Assembly of Georgia, a bill to reapportion the Education Districts of Cobb County; and for other purposes, as provided (Acts 1966, p. 761, Ga. Code Ann. 2-6802).

Page 2478

This 27th day of December, 1968. Cyrus M. Chapman Sam P. Hensley Senators George H. Kreeger Eugene Housley Howard Atherton A. L. Burruss Joe Mack Wilson J. H. Henderson, Jr. Hugh Lee McDaniell Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Hugh Lee McDaniell who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of notice of intention to introduce local legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: December 27, 1968 and January 3, 10, 1969. /s/ Hugh Lee McDaniell Representative, 117th District Sworn to and subscribed before me, this 22nd day of January, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 8, 1969.

Page 2479

METROPOLITAN GOVERNMENT STUDY COMMISSION FOR WHITFIELD COUNTY AND CITY OF DALTON. No. 211 (House Bill No. 516). An Act to create a Metropolitan Government Study Commission for Whitfield County and for the City of Dalton; to provide for the selection of the members of the Commission and their duties and responsibilities and for reimbursing such members for expenses incurred while performing services as a member of the Commission; to provide for the meetings of the Commission; to authorize the Commission to hold certain hearings and to employ consultants and special technical and clerical assistance; to provide for financing the Commission; to authorize the Commission to accept donations; to provide that the Commission is created for a public service and that it will be performing an essential governmental function; to provide for the construction of this Act; to provide for abolishing the Commission; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) There is hereby created the Metropolitan Government Study Commission for Whitfield County and the City of Dalton, which shall be composed of five (5) members as follows: One member shall be appointed by the governing authority of Whitfield County; one member shall be appointed by the Whitfield County Board of Education; one member shall be appointed by the governing authority of the City of Dalton; and one member shall be appointed by the Dalton Board of Education. The above members of the Commission shall be appointed within thirty days of the effective date of this Act. Within ten days after the last of the above four members has been appointed, they shall meet and select the fifth member, who shall serve as chairman of the Commission. Created, vacancies, etc. (b) In the event a vacancy occurs in the membership of the Commission, said vacancy shall be filled by the appointing

Page 2480

authority. All members of the Commission shall be appointed within the time prescribed in subsection (a). If any such members are not appointed within said period, vacancies on the Commission shall exist for those members not so appointed and shall be filled as provided in this subsection. Section 2. (a) The Commission shall elect from its own membership a vice chairman and secretary-treasurer by a majority vote of all members of the Commission, but in all other cases a majority of the members of the Commission shall constitute a quorum for the transaction of business. The member appointed by the governing authority of Whitfield County is hereby designated temporary chairman of the Commission for the purpose of calling the meeting for the appointment of a chairman as provided in section 1. The chairman shall call an organizational meeting which shall be held within twenty days after he has been appointed. Vice chairman, etc. (b) After the organizational meeting, the Commission shall meet upon the call of the chairman, but the chairman shall call at least one meeting during each calendar quarter. The Commission shall adopt from time to time such rules, regulations and method of procedure as it deems expedient for the orderly transaction of business. The Commission shall keep minutes and records of its meetings. A monthly statement of all disbursements of the funds of the Commission, as hereinafter provided, shall be furnished to the governing authority of Whitfield County and to the governing authority of the City of Dalton. Section 3. The Commission shall consider what consolidation, mergers or other changes in the organization, structure, responsibility and function of the governments of Whitfield County and the City of Dalton and public authorities, special service districts, or any combination thereof could and should be effected in the best interest of the people of Whitfield County and the City of Dalton. Duties. Section 4. The Commission shall submit to the members of the Whitfield County delegation to the General Assembly

Page 2481

of Georgia and to the governing authority of Whitfield County and the City of Dalton a report or reports embodying the Commission's findings and recommendations as herein contemplated. Such report and any recommendations of the Commission for needed legislation shall be submitted as hereinbefore provided on or before the first day of January, 1971. Reports. Section 5. In carrying out its duties and responsibilities, the Commission shall be authorized to hold public hearings and to call upon the State of Georgia or any of its agencies or institutions for any aid or assistance which may be rendered it, and to call upon the various departments of Whitfield County and the City of Dalton. Said Commission may employ consultants and such special technical and clerical assistance as may be necessary to enable the Commission to carry out its duties and responsibilities. The Commission is hereby authorized to enter into a contract or contracts with persons or agencies to provide any information or assistance needed by the Commission in carrying out its duties and responsibilities. Public hearings, etc. Section 6. (a) The funds necessary to carry out the provisions of this Act shall come from funds appropriated to the Commission by the governing authority of Whitfield County and the governing authorities of the municipalities of the City of Dalton. The funds appropriated to the Commission shall be apportioned between Whitfield County and the City of Dalton as follows: fifty (50%) percent shall come from the funds of Whitfield County and fifty (50%) percent shall come from the funds of the City of Dalton. Funds. (b) Within ninety (90) days after the organizational meeting of the Commission, the Commission shall submit to the governing authority of Whitfield County and to the City of Dalton a proposed budget for its initial fiscal period of operation which may be for any number of months not to exceed twelve (12) months. Said governing authorities are hereby authorized to appropriate funds to said Commission, as provided in subsection (a) of this section, based on the proposed budget of the Commission. Subsequent

Page 2482

budgets of the Commission shall be submitted to said governing authorities at least sixty (60) days prior to the expiration of the fiscal period covered by the previous budget, and such budgets may also be for any number of months not exceeding twelve (12) months or the period in which the Commission will be in existence. Said governing authorities are hereby authorized to appropriate funds to the Commission, as provided in subsection (a) of this section, based on such budgets. (c) To cover the operational expenses of the Commission from the time of its organizational meeting until the beginning of its initial fiscal period of operation the governing authority of Whitfield County and the governing authority of the City of Dalton are authorized to appropriate an equal amount of funds for such expenses. The proposed budget of the Commission for its initial fiscal period of operation shall include an accounting of such funds, and any portion of such funds unexpended at the beginning of said initial fiscal period of operation shall be reflected in said proposed budget. (d) The funds appropriated and authorized to be appropriated by Whitfield County and the City of Dalton are for public purposes and are directly related to essential administrative and other governmental functions of said county and municipalities. Section 7. The Commission is authorized to accept donations in any form from any source and use the same in any way the Commission may deem advisable to effectuate the aims and purposes of the Commission. Gifts. Section 8. No member of the Commission shall receive any remuneration for his service on the Commission, except for reimbursement for actual expenses incurred while performing such service. Compensation of members. Section 9. It is hereby found, determined and declared that the creation of the Commission and the carrying out of its purpose is in all respects for the benefit of the people of

Page 2483

Whitfield County and the City of Dalton and is a public purpose and that the Commission will be performing an essential governmental function in the exercise of the power conferred upon it by this Act. Intent. Section 10. This Act, being for the welfare of the citizens of Whitfield County and the City of Dalton, shall be liberally construed to effect the purposes thereof. Liberal construction. Section 11. The Commission created by this Act shall stand abolished on January 1, 1971. Any funds appropriated to the Commission which are unexpended on that date shall be returned to the governing authority of Whitfield County and the City of Dalton in the same proportion that said funds were appropriated to the Commission by said governing authorities. Automatic repealer. Section 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publication. This is to certify that the attached published legal notice appeared for three consecutive weeks in issues of The Daily Citizen-News, Dalton, Ga.; on the following dates: January 10, January 17, January 24, 1969. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969 Session of the General Assembly of Georgia, a bill to create a study committee to study the feasibility of creating a metro-government for Dalton and Whitfield County; and for other purposes. This 3rd day of Jan., 1969. /s/ Jack H. Cole Representative, 3rd District

Page 2484

This affidavit sworn to and subscribed before me on the 24th day of January, 1969. /s/ Louise B. Hackney Notary Public. /s/ Rufus M. Josey Publisher (Seal). Approved April 8, 1969. WHITFIELD COUNTYCREATION OF UTILITY DISTRICTS, ETC. No. 212 (House Bill No. 517). An Act to authorize the creation of water, sewerage, garbage, electricity, gas or fire protection districts within Whitfield County by the governing authority of said county; to authorize the levy of a tax on the taxable property within such districts upon the assent of the majority of the qualified voters of such districts in an election held for that purpose; to provide for such elections; to provide for all matters connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Pursuant to the provisions of Article VII, Section IV, Paragraph III of the Constitution, relating to the establishment of certain taxing districts, the governing authority of Whitfield County is hereby authorized to establish within said County one or more special districts to provide water, sewerage, garbage, electricity, gas or fire protection services, or any combination of such services or any one of such services. Said governing authority shall be further authorized to levy a tax, not to exceed five mills, only upon the taxable property located within such district or districts for the purpose of constructing and maintaining

Page 2485

such facilities, conditioned upon the assent of a majority of the qualified voters of any such district or districts voting in an election held for that purpose. Creation, taxation. Section 2. The governing authority of Whitfield County is hereby authorized to provide by a resolution duly adopted by said governing authority for the times and places for holding the elections authorized by section 1 of this Act and for other matters relative to conducting such elections in order to carry out the purpose of such elections. Such resolution shall provide, however, that such elections shall be called and conducted by the Ordinary of Whitfield County in accordance with the provisions of the Georgia Election Code relating to special elections, insofar as practicable. Elections. Section 3. This Act shall become effective on the day it is approved by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publication. This is to certify that the attached published legal notice appeared for three consecutive weeks in issues of The Daily Citizen-News, Dalton, Ga.; on the following dates: January 10, 17, 24, 1969. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969 Session of the General Assembly of Georgia, a bill to authorize Whitfield County to provide water, sewerage, garbage, electricity, gas or fire protection services; to provide for procedure connected therewith; and for other purposes. This 3rd day of January, 1969. /s/ Jack H. Cole Representative, 3rd District

Page 2486

This affidavit sworn to and subscribed before me on the 24th day of January, 1969. /s/ Louise B. Hackney Notary Public. /s/ Rufus M. Josey Publisher. (Seal). Approved April 8, 1969. COBB COUNTYAUTHORITY TO ADOPT ORDINANCES, ETC. No. 213 (House Bill No. 535). An Act to amend an Act to create a board of commissioners of Cobb County, Georgia, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended by an Act approved March 5, 1965 (Ga. L. 1965, p. 2192), an Act approved February 28, 1966 (Ga. L. 1966, p. 2070), an Act approved March 31, 1967 (Ga. L. 1967, p. 2350), and an Act approved April 18, 1967 (Ga. L. 1967, p. 3181), so as to carry out the purpose of amendment to Article XV, Section II, of the Constitution of the State of Georgia of 1945, approved April 4, 1967 and ratified at the general election held November 5, 1968 by empowering said board of commissioners of Cobb County, Georgia, to adopt all such ordinances or regulations as it may deem advisable, not in conflict with the general laws of this State and of the United States, for the governing and policing of said county for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof, and for the implementation and enforcement of all duties and powers now or hereafter vested in said Board as the governing authority of Cobb County, Georgia, within the classes of subjects and areas of regulations set forth in this Act; to empower said board of commissioners to control and regulate the operation of bicycles, automobiles, motorcycles, motor scooters, buses, taxi-cabs, trucks,

Page 2487

wagons and any and all kinds of vehicles operated in, upon, over and across the roads, streets, lanes, alleys, sidewalks, parks, plazas, squares, and other public places in said county outside the corporate limits of municipalities situated therein; to authorize said Board of Commissioners to regulate and control traffic, parking, size and weight of vehicles, parades and motorcades, public address systems, reckless operation of vehicles, pedestrian travel, registration of vehicles and owners and standards of mechanical safety and qualifications of owners and operators, on such streets, roads and public places; to authorize said board of commissioners to adopt as county ordinances provisions of the Uniform Act Regulating Traffic on the Highways (Ga. L. 1953, Nov.-Dec. Sess., p. 556); to provide for regulation and control of county rights-of-way and property; to authorize said board of commissioners to adopt ordinances for the promotion of health and quarantine in the unincorporated areas of said county not inconsistent with general laws or regulations of the State Department of Public Health or the Cobb County Board of Health; to empower said board of commissioners to prevent and regulate the keeping of animals and the running at large of animals in the unincorporated area of said county, including the impounding of animals found in violation of such ordinances; to empower said board of commissioners to levy and collect a tax upon dogs kept in said county and to provide for registration of dogs; to empower said board to prescribe penalties and punishment for violation of zoning ordinances, building codes and all other lawful ordinances adopted by said board pursuant to this o r any other law in force in said county; to empower said board to provide for the preservation and protection of county property and equipment and the use of county facilities by the public; to empower said board to prescribe fire safety regulations; to empower said board to prohibit or regulate the erection of signs, billboards, trees, buildings and all other structures or obstructions upon or adjacent to rights-of-way of streets and roads in the unincorporated area of said county; to empower said board of commissioners to adopt ordinances for the prevention of idleness, vagrancy, disorderly

Page 2488

conduct; public drunkenness, disturbing the peace, playing of lotteries in the unincorporated area of said county and all other offenses to the peace, good order and dignity of said county which do not constitute offenses against the laws of this State; to empower said Board to prescribe penalties and/or punishment for the violation of any such ordinances, within the limits prescribed by this Act; to empower the Superior Court and the Civil and Criminal Court of Cobb County, Georgia, or other court charged with jurisdiction over offenses against county ordinances to hear and dispose of all cases arising out of the violation of any such ordinances; to provide regulations for connecting to public sewage; to authorize business licenses and taxes; to authorize ordinances to protect county rights-of-way; to authorize minimum housing codes and the enforcement; to regulate quasi-public activities; to promulgate emergency rules and regulations; to authorize the enforcement of ordinances; to vest in said board of commissioners the power to accomplish and enforce all or any of the powers granted by this Act or otherwise by laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In conformity with an amendment of Article XV, Section II, of the Constitution of the State of Georgia of 1945, approved April 4, 1967 and ratified by general election held November 5, 1968, the Act creating the board of commissioners of Cobb County, Georgia, and creating the chairman and board of commissioners for Cobb County, Georgia, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended by an Act approved March 5, 1965 (Ga. L. 1965, p. 2192), by an Act approved March 31, 1967 (Ga. L. 1967, p. 2350), and by an Act approved April 18, 1967 (Ga. L. 1967, p. 3181), is hereby amended by adding two sections to be known and designated as section 11A and 11B to be inserted between section 11 and section 12 of said Act, and to read as follows: Section 11A. In addition to all powers enumerated in the preceding section 11 of this Act., or elsewhere herein, or

Page 2489

otherwise by law provided, permitted or allowed, the governing authority, the board of commissioners of Cobb County, Georgia, is hereby empowered to adopt all such ordinances or regulations as it may deem advisable, not in conflict with the general laws of this State, and of the United States, for the governing and policing of said county for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof, and for the implementation and enforcement of all duties and powers now or hereafter vested in said board as the governing authority of Cobb County, Georgia, within the classes of subjects and areas of regulation enumerated below and as the same may from time to time hereafter be amended, and to provide penalties for violations of such ordinances within the limits hereinafter stated: Ordinances. (1) To control and regulate the operation of and running of bicycles, automobiles, motorcycles, motor scooters, buses, taxi-cabs, trucks, wagons and any and all kinds of vehicles operated in, upon, over and across the roads, streets, lanes, alleys, sidewalks, parks, plazas, squares and other public places in said county, outside the corporate limits of municipalities situated therein, whether such vehicles are propelled by hand, foot, animal, steam, electric, gasoline or other motive power; to prescribe and fix speed limits and speed zones for all of the enumerated vehicles, to erect stop and warning signs and signals at dangerous intersections or places, at schools or other public places; to prescribe and establish lanes and directional signs, signals and markings to control the direction of flow of traffic for all such vehicles, including limitation of travel to one direction and including markings, signals and devices to control and regulate the manner of turning at intersections; to regulate and control, as well as to prohibit entirely, the parking, stopping and standing of all such vehicles on or adjacent to such streets and public places; to control to the extent not prohibited by the laws of the State of Georgia the use of county rights-of-way, easements, and property by any firm, corporation, utility, or association, including the power to grant, prohibit, or regulate, as well as the power to grant franchises for the use thereof upon such terms as the governing authority may by ordinance prescribe; to impound

Page 2490

such vehicles involved in violations of traffic ordinances or regulations; to restrict and limit the size and weight of all such vehicles operated on such streets and public places, to regulate and establish routes to be followed by trucks and other heavy or slow-moving vehicles; to regulate and control, by permits or otherwise, and to prohibit entirely the times, routes and manner of conduct of parades, motorcades and other assemblages of all such vehicles, and public address systems or other noise making devices on such streets and public places, to regulate and control the manner of operation of all such vehicles along, over and across all such streets and ways so as to prohibit and prevent the careless and reckless operation of same in such manner as would be hazardous to persons or property; to regulate and control in any and all of the foregoing respects all travel by pedestrians and equestrians along, over and across such streets, ways and other public places; and to do any and all things to provide for the safety of persons and property using such roads, streets, lanes, alleys, sidewalks, parks, plazas, squares and other public places and of persons and property situated adjacent thereto; and any and all things necessary or incident to accomplishment of any of the foregoing powers, including the authority to require registration of the enumerated vehicles and of their owners and to prescribe standards of mechanical safety for such vehicles and qualifications of operators thereof; to provide for regulation of business licenses in all unincorporated areas. To carry out all or any of the foregoing powers, said board of commissioners is hereby empowered to adopt as county ordinances all or such portions of the Uniform Act Regulating Traffic on the Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as now or hereafter amended, as to said board may seem appropriate and the Superior Court of the Civil and Criminal Court of Cobb County may punish for violations thereof by fines and/or imprisonment not to exceed those set forth in said Act or in this Act or in the ordinances adopting same, and said board of commissioners may adopt such other and additional ordinances and regulations, not in conflict with said Uniform Act and prescribe punishment for violation of same not to exceed the limits set forth in this Act. Motor vehicles, streets, etc.

Page 2491

(2) To adopt rules and regulations for the promotion of health and quarantine in the unincorporated areas of said county, as are authorized by law or not inconsistent with general laws or regulations of the State Department of Public Health or the Cobb County Board of Health, and to prescribe penalties and punishment for violations thereof, within the limits prescribed by this Act; to provide for the implementation of said health laws through the ordinances of said board of commissioners, and to further promote adequate health and quarantine provisions in said county in addition to those otherwise provided by law, and to this end said Board of Commissioners is authorized to adopt all or any portion of the regulations of said Cobb County Board of Health, as the same may be amended from time to time, and to prescribe additional regulations not inconsistent therewith, and to prescribe penalties and punishment, within the limits permitted by this Act, for violation of any such ordinances and regulations, which penalties and punishments may be enforced and imposed by the Superior Court or the Civil and Criminal Court of Cobb County, or other court having jurisdiction over offenses against county ordinances. Said health and quarantine powers shall extend to and embrace the health and quarantine of animals as well as persons. Health, etc. (3) To prevent dogs, horses, mules, cattle, hogs, sheep, goats, chickens and all other animals, or any one or more kinds of such animals, from running at large in the unincorporated area of said county; to prevent the keeping of any animal or animals or to regulate the manner and numbers in which they may be kept; to take up and impound any of such animals and to punish all owners or other persons keeping animals for failure or refusal to obey any such ordinance and to fix penalties and charges to be paid for release of such impounded animals; to provide for the sale or disposition of unclaimed animals impounded; to levy and collect a tax or license fee upon dogs kept in said county and to provide for registration of dogs; and to do any and all things necessary to carry out the purposes of this section for the public interest. Animals. (4) To prescribe penalties and punishment within the

Page 2492

provisions of this Act for the violation of zoning ordinances, building codes (including electrical, plumbing, heating, and air conditioning regulations) and all other lawful ordinances adopted by said Board of Commissioners pursuant to this or any other law in force in said county. Zoning, etc. (5) To provide ordinances for the preservation and protection of county property and equipment and the administration and use of county facilities, such as parks, playgrounds and swimming pools, by the public, and to prescribe penalties and punishment for violations thereof. County property. (6) To prescribe fire safety regulations in the Cobb County fire districts not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof. Fire safety. (7) To prohibit or regulate and control the erection and/or 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 within the unincorporated area of said county, and to prescribe penalties and punishment for violation of such ordinances. Billboards, fences, etc. (8) To adopt ordinances and regulations for the prevention of idleness, loitering, vagrancy, disorderly conduct, public drunkenness and disturbing the peace in the unincorporated area of said county and to prohibit the playing of lotteries therein, and to prohibit or regulate such other conduct and activities within said area of Cobb County which, while not constituting an offense against the general law of this State, is deemed by said Board of Commissioners to be detrimental and offensive to the peace, good order and dignity of Cobb County and to the welfare and morals of the citizens thereof. Vagrancy, etc. (9) To provide rules and regulations providing or requiring property owners to connect to public sewage and/or requiring a service charge for such service. Sewage.

Page 2493

(10) To authorize the governing authority of Cobb County to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place or places of business in any area of said county outside the incorporated limits of the municipalities therein; to license and regulate taxi-cabs for hire in such unincorporated areas of said county; to classify businesses and business enterprises in unincorporated areas and to assess different license fees and taxes against different classes of businesses in unincorporated areas; to license all businesses and business enterprises in such areas of interest and welfare of citizens in unincorporated areas of said county, and prescribe rules and regulations concerning same, excepting from the application of these provisions only those businesses which are subject to regulation by the State Public Service Commission; to authorize the governing authority to provide that the violation of any license fee or tax prescribed from any business shall constitute a misdemeanor which, upon conviction, shall be punishable as for a misdemeanor, as defined by the laws of the State of Georgia. License fees, etc. (11) To provide ordinances for the protection of county rights-of-way, including, but not limited to, prohibiting the dumping of trash, debris, or litter thereon, the cutting of ditches, drains or excavations, on said road rights-of-way; to prescribe penalties and punishment within the provisions of this Act for the violation of such ordinances. Dumping of trash, etc. (12) To provide ordinances for minimum housing for the health and safety of the public in areas not providing same; the power to require that abandoned or unsafe structures be repaired, demolished, or removed, including the removal of abandoned, junk automobiles or other property which shall become a safety or health hazard. Housing. (13) To provide rules and regulations governing quasipublic services, such as garbage collections, wrecker service, ambulance service, taxi cabs, or other public conveyance, and other activities that concern the public welfare and safety, including the power to operate and maintain such agencies for the welfare and safety of Cobb County in unincorporated areas. Public services, etc.

Page 2494

(14) To provide for a declaration of a state of emergency and prescribe and initiate emergency powers for the protection of persons and property. Emergencies. (15) All persons, firms, associations, utilities, and corporations, whether public or private, shall be subject to the terms of said ordinances of Cobb County within its jurisdiction unless expressly excluded herein and the governing authority shall have the power to enforce such ordinances by civil action, or injunction, or as otherwise provided herein. Intent. Section 11B. The board of commissioners of Cobb County is hereby authorized and empowered to adopt ordinances prescribing penalties and/or punishment for violation of any and all ordinances adopted by said board to carry out any of the provisions of the foregoing Section 11A or the provisions of any other law, and to prescribe minimum and maximum penalties and/or punishment for violation of same so that such violation shall constitute a misdemeanor which, upon conviction, shall be punishable as for a misdemeanor, unless such ordinance shall provide for a lesser penalty. Punishment. Section 2. Said Act is further amended by striking section 23A in its entirety. Section 3. The board of commissioners, the governing authority of Cobb County, is hereby vested with all powers necessary and incident to accomplishment and enforcement of any of the foregoing powers and duties. Intent. Section 4. Should any section or part of a section of this Act be declared to be unconstitutional or invalid for any reason, the same shall not affect the remainder of this Act or any part thereof other than the part so held to be invalid. Severability. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Section 6. An Act creating a board of commissioners for Cobb County, Georgia, approved June 19, 1964 (Ga. L. 1964,

Page 2495

Ex. Sess., p. 2075), as amended by an Act approved March 5, 1965 (Ga. L. 1965, p. 2192), by an Act approved March 31, 1967 (Ga. L. 1967, p. 2350), and by an Act approved April 18, 1967 (Ga. L. 1967, p. 3182), is hereby readopted and ratified as of the dates they were approved. Prior acts ratified. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1969 Session of the General Assembly of Georgia, a bill to amend an act creating a board of commissioners of roads and revenue for Cobb County, Georgia, appproved June 19, 1964, (Ga. L. 1964, Ex. Sess., p. 2075); and for other purposes. This 20th day of December, 1968. Cyrus M. Chapman Sam P. Hensley Senators George H. Kreeger Eugene Housley Howard Atherton A. L. Burruss Joe Mack Wilson J. H. Henderson, Jr. Hugh Lee McDaniell Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable George H. Kreeger who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of notice of intention to introduce local legislation was published in Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 24th, 31st, 1969; February 7th, 1969. /s/ George H. Kreeger Representative, 117th District

Page 2496

Sworn to and subscribed before me, this 12th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 8, 1969. CITY OF DALTONCORPORATE LIMITS. No. 214 (House Bill No. 547). An Act to amend an Act consolidating, amending and codifying the various Acts incorporated in the City of Dalton, approved February 24, 1874 (Ga. L. 1874, p. 181), as amended, so as to incorporate in said city certain parts of land lots Nos. 118, 119, 147, 148, 149, 158, 164, 165, 166, 177, 178, 179, 260, 261, 294, and 315 in the 12th district and 3rd section of Whitfield County, Georgia, not now incorpoprated in said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating, amending and codifying the various Acts incorporated in the City of Dalton, approved February 24, 1874 (Ga. L. 1874, p. 181), as amended, is hereby amended by including within the corporate limits of the City of Dalton, the following described territory: Beginning at a point in land lot 315, 12th district, 3rd section, at the corner of the southwest intersection of Industrial Boulevard with Abutment Road; thence east on a line with the south right-of-way of Industrial Boulevard to the east side of Abutment Road; thence south along the east side of the Abutment Road 320 feet more or less to the north side of an unnamed 30 foot road which point is also the southwest corner of lot 98 of the George C.

Page 2497

Murdock Sub-division; thence east and northeasterly along the north side of said 30 foot road 1618 feet more or less to the west side of an unnamed 30 foot drive which point is also the southeast corner of lot 181 of the George C. murdock Sub-division; thence northwardly along the west side of the unnamed 30 foot drive 600 feet more or less to a ditch; thence easterly along the meanderings of said ditch to a point on the west side of a 30 foot drive; thence north along the west side of said road 177.2 feet to a point in land lot 294, 12th district, 3rd section; thence north 83 degrees 46 minutes west 394 feet to a point; thence north 10 degrees 43 minutes west 245.8 feet to a point on the south side of a 30 foot drive; thence west along the south side of said road 529.2 feet to a point; thence south 10 degrees 30 minutes west 160 feet to a point; thence north 80 degrees west 210 feet to a point on the east side of a 30 foot drive; thence south along the east side of said drive 486 feet to a point on the north line of lot 136 of the George C. Murdock Sub-division projected; thence westerly across the unnamed drive and continuing along the north lines of lots 136 and 56 of the George C. Murdock Sub-division 330 feet more or less to the east side of Abutment Road at the northwest corner of lot 56 of the George C. Murdock Sub-division; thence south along the east side of Abutment Road 75 feet more or less to the southwest corner lot 58 of the George C. Murdock Sub-division; thence easterly along the south lines of lots 58 and 138 of the George C. Murdock Sub-division 300 feet more or less to the west side of an unnamed drive at the southeast corner lot 138 of the George C. Murdock Sub-division; thence southerly along the west side of the unnamed drive 325 feet more or less to the northeast corner lot 152 of the George C. Murdock Sub-division; thence westerly along the north lines of lots 152 and 72 of the George C. Murdock Sub-division 300 feet more or less to the east side of the Abutment Road at the northwest corner lot 72 of the George C. Murdock Sub-division; thence southerly along the east side of Abutment Road 280 feet more or less to a point in line with the north line of Industrial Boulevard extended; thence westerly across Abutment Road to the

Page 2498

northwest corner of the intersection of Abutment Road with Industrial Boulevard; thence southwardly across Industrial Boulevard 80 feet to the southwest corner of the intersection of Abutment Road with Industrial Boulevard which point is the point of beginning. Also beginning at a point on the east line of land lot 158 of the 12th district, 3rd section where the east line of the right-of-way of Interstate 75 intersects said east line at the present corporate limits; thence north and west along the right-of-way of Interstate 75 to a point in land lot 147 where said Interstate right-of-way intersects south right-of-way line of Old Chattanooga Road; thence east along the south right-of-way line of said road to a point on the east line of land lot 147; thence north along the east line of said land lot to a point on the north right-of-way line of Old Chattanooga Road; thence west along said right-of-way line to a point where said right-of-way line intersects the east right-of-way line of Interstate 75; thence north along said Interstate right-of-way line to a point on the west line of land lot 147; thence north and west along the said east right-of-way line to a point on the south line of land lot 119; thence north along the east right-of-way line of said Interstate 75 to a point on the north line of land lot 118 where said Interstate right-of-way intersects said land lot line; thence west along north line of said right-of-way to a point on the west line of the right-of-way of Interstate 75; thence south along said Interstate right-of-way to a point on the north line of land lot 149; thence south and east along the west line of the right-of-way of Interstate 75 to the east line of land lot 148; thence south and west along the west right-of-way line of said Interstate 75 to a point where the west right-of-way line of Interstate 75 intersects the present city limits; thence east along the present city limits to the east line of land lot 158 and the point of beginning. Also beginning at a point on the present corporate limits of the City of Dalton at the northwest corner of land lot 260, 12th district, 3rd section; thence south along the west line of said land lot 250 feet more or less to the north right-of-way

Page 2499

line of West Walnut Access Road; thence east along the said Walnut Access Road to the west right-of-way line of Tibbs Road; thence south along said west-of-way line of said Tibbs Road to a point on the south right-of-way line of Walnut Access where the west right-of-way line of Tibbs Road intersects said south right-of-way line; thence south 3 degrees 40 minutes east 245.8 feet; thence south along Dug Gap Road right-of-way 267.25 feet to a point; thence south 16 degrees 16 minutes west 105.5 feet; thence south 73 degrees 46 minutes east 25 feet; thence south 15 degrees 50 minutes west 36 feet; thence north 52 degrees 32 minutes west 59.5 feet; thence north 84 degrees 28 minutes west 1524.8 feet; thence north 87 degrees 46 minutes west 134.6 feet; thence north 12 degrees 56 minutes east 839.2 feet to a point on the south right-of-way line of Walnut Access Road; thence west along the south right-of-way line of said Access Road to a point 650.2 feet east of the intersection of Walnut Access and Interstate 75; thence south 3 degrees 6 minutes west 200 feet to a point; thence north 82 degrees 28 minutes west 200 feet to a point; thence north 3 degrees 6 minutes east 177.75 feet to a point; thence north 84 degrees 54 minutes east 19 feet to a point; thence north 6 degrees 48 minutes east 18 feet to a point on the south line of Walnut Access Road; thence north to a point on the north line of Walnut Access 470.2 feet east of the intersection of Walnut Access and Interstate 75; thence east along the north line of Walnut Access to a point 349 feet west of the east line of land lot 261, 12th district, 3rd section; thence north 199 feet more or less to the north line of said land lot 261; thence east 336.8 feet along the north line of said land lot to the northeast corner of land lot 260 and the point of beginning. Also beginning at a point on the west line of land lot 164 in the 12th district, 3rd section 429 feet south of the southwest corner of said land lot at the present corporate limits of the City of Dalton; thence east parallel with the south line of said land lot to the west line of land lot 165 in the 12th district, 3rd section 429 feet north of the southwest corner of said land lot; thence east parallel to the south line of said land lot to a point on the east line of land lot

Page 2500

166; thence south 429 feet to the southeast corner of said land lot; thence south along the east line of land lot 177 to the southeast corner of said land lot; thence east along the south line 2125 feet to a point; thence north 2542.5 feet to a point on the north line of said land lot 2052 feet west of the northeast corner of said land lot; thence west along the north line of land lots 177, 178, and 179, to the south-west corner of land lot 164; thence north 429 feet to the point of beginning; and all that area located in land lots 118, 119, 147, 148, 149, 158, 164, 165, 166, 177, 178, 179, 260, 261, 294, and 315, in said county, district and section included within the boundaries aforesaid shall be incorporated in said city, and said city limits are hereby extended to include all such area and parts of lots aforesaid within the said City of Dalton. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia at the session which convenes in January, 1969, a bill extending the corporate limits of The City of Dalton, so as to include within said City certain parts of land lots, 118, 119, 147, 148, 149, 157, 158, 164, 165, 166, 177, 178, 179, 260, 261, 291, and 315, of the twelfth district, third section of Whitfield County, Georgia, not now incorporated in said city. /s/ Jack Cole Jack Cole, Representative, Third District, Post 1 /s/ Virgil T. Smith Virgil T. Smith, Representative, Third District, Post 2 /s/ Gerald Leonard Gerald Leonard, Representative, Third District, Post 3

Page 2501

Affidavit of Publication. This is to certify that the attached published legal notice appeared for three consecutive weeks in issues of The Daily Citizen-News, Dalton, Ga.; on the following dates: Jan. 10, Jan. 17, Jan. 24, 1969. This affidavit sworn to and subscribed before me, on the 24th day of January, 1969. /s/ Rufus M. Josey Publisher /s/ Louise B. Hackney (Seal). Approved April 8, 1969. CITY OF DORAVILLECORPORATE LIMITS, REFERENDUM. No. 215 (House Bill No. 880). An Act to amend an Act providing a new charter for the City of Doraville, approved February 17, 1949 (Ga. L. 1949, p. 738), so as to change the corporate limits of said city; to provide for a referendum; 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 Doraville, approved February 17, 1949 (Ga. L. 1949, p. 738) is hereby amended by adding at the end of section 2 a new paragraph to read as follows: In addition to the territory set forth above, the corporate limits of the City of Doraville shall include the following described tracts of land. Tract No. 1 shall include all that territory embraced

Page 2502

within the following description: Beginning at a point where the existing city limits of the City of Doraville intersects the centerline of Chestnut Drive, approximately at the center of the intersection of Chestnut Drive and Aztec Road; thence southeasterly and southerly along the centerline of Chestnut Drive approximately 1,660 feet to the northwestern right-of-way line of Interstate 85; thence southeasterly along the right-of-way of Interstate 85 approximately 50 feet to a point; thence continuing along the right-of-way of Interstate 85 approximately 4,270 feet to a point where the north-western right-of-way of Interstate 85 meets the western right-of-way of the Interstate 285, Interstate 85 Interchange; thence northerly along the west right-of-way line of the Interstate 285, Interstate 85 Interchange approximately 1,130 feet to the southwestern right-of-way of Interstate 285; thence northwesterly along the southwestern right-of-way of Interstate 285 approximately 3,430 feet to the present city limits; thence south along the present city limits line approximately 5,310 feet to a land lot corner; thence west continuing along the city limits approximately 770 feet to the centerline of Chestnut Drive and the point of beginning. Tract No. 2 shall include all that territory embraced within the following description: Beginning at the intersection of the southwestern right-of-way of Interstate 285 and the city limits of the City of Doraville said point also being on the land lot line between land lots 311 and 312; thence southeasterly along the southwestern right-of-way of Interstate 285 approximately 3,130 feet to a point; thence northeasterly across Interstate 285 approximately 300 feet to the intersection of the northeastern right-of-way of Interstate 285 and the north right-of-way of the Interstate 285, Interstate 85 Interchange; thence easterly along the north right-of-way of the Interstate 85, Interstate 285 Interchange approximately 1,670 feet to the northwestern right-of-way of Interstate 85; thence northeasterly along the northwestern right-of-way of Interstate 85 approximately 2,360 feet to the land lot line between land lots 313 and 314; thence northerly along the said land lot line approximately 1,360 feet to the land lot corner; thence easterly along the land

Page 2503

lot line between land lots 314 and 318 approximately 1,920 feet to a point where the land lot line intersects the northwest right-of-way of Interstate 85 at the intersection of Interstate 85 and Pleasantdale Road; thence northeasterly along the northwest right-of-way of Interstate 85 approximately 2,300 feet to the DeKalb-Gwinnett County line thence northwesterly along the county line between DeKalb and Gwinnett Counties approximately 4,340 feet to the present city limits; thence southerly along the present city limits approximately 1,940 feet to a property corner; thence west along the city limits and the back lot line of lots facing Pin Oak Circle approximately 1,520 feet to a property corner; thence south along the present city limits and the back lot line of lots facing Pin Oak Circle approximately 740 feet to a property corner; thence west along the present city limits approximately 1,520 feet to a point on the line between land lots 319 and 320; thence north along the present city limits and land lot lines approximately 4,160 feet to the southeast side of Buford Highway; thence southwest along Buford Highway and the present city limits approximately 4,400 feet to a point; thence southeast and east along lot lines approximately 370 feet to a property corner; thence southerly and westerly along lot lines approximately 1,250 feet to the land lot line between land lots 320 and 321; thence south along the present city limits and the land lot lines between land lots 320 and 321 and land lots 311 and 312 approximately 1,200 feet to the southwest right-of-way of Interstate 285 the point of beginning. Section 2. It shall be the duty of the mayor of Doraville to issue the call for an election for the purpose of submitting to the electors of DeKalb County residing within each of the respective tracts of land set forth in section 1 of this Act the question of whether said tracts shall be incorporated within the corporate limits of the City of Doraville. The mayor shall set the date of such election for May 24, 1969. The mayor shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of DeKalb County. The ballots shall have written or printed thereon the words:

Page 2504

For approval of the Act extending the corporate limits of the City of Doraville. Referendum. Against approval of the Act extending the corporate limits of the City of Doraville. The electors of DeKalb County residing within Tract No. 1 shall be eligible to vote only on the question of the incorporation of Tract No. 1, and only the electors of DeKalb County residing within Tract No. 2 shall be eligible to vote on the question of the incorporation of Tract No. 2. All persons desiring to vote in favor of the incorporation of their respective tracts into the corporate limits of the City of Doraville shall vote for approval, and those persons desiring to vote against such incorporation shall vote against approval. If more than one-half of the votes cast on each respective question of incorporation are for approval, this Act as to such tract shall become of full force and effect on July 1, 1969, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Doraville. It shall be the duty of the election superintendent of the City of Doraville to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the superintendent to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the 1969 Session of the General Assembly of Georgia legislation will be introduced to change the corporate boundaries of the City of Doraville and for other purposes. Edward E. Carter City Attorney City of Doraville

Page 2505

Georgia, DeKalb County. Personally appeared before the undersigned officer authorized by law to administer oaths, Britt Fayssoux, who, being duly sworn, deposes and states on oath that he is general manager of the New Era Publishing Company, Inc., a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the New Era Publishing Company, Inc. is the publisher of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the county of DeKalb, and further avers that legal notice, a true copy of which is hereto attached, notice of intention to introduce local legislation was duly published once a week for 3 weeks as required by law, the dates of publication being February 20, February 27, and March 6, 1969. /s/ Britt Fayssoux Sworn to and subscribed before me, this 6 day of March, 1969. /s/ Carol E. Wheeler Notary Public, Georgia, State at Large. My Commission Expires Feb. 21, 1971. (Seal). Approved April 8, 1969. FLOYD COUNTY MERIT SYSTEM ACT. No. 216 (House Bill No. 700). An Act to authorize and effectuate the establishment of a merit system for the government of Floyd County to include all employees of the county except as hereinafter provided; to authorize the establishment of a Merit System Board and to prescribe the terms of office, method of selection, and compensation of members of said Board; to authorize the board to issue rules and regulations to govern the operation of the merit system; to provide for appeals in cases of dismissal and other matters; and to authorize the Board to issue decisions upon such appeals

Page 2506

which shall be binding upon the heads of the departments affected thereby; to provide for the financing of the merit system; to provide that violations of this Act or the rules and regulations issued thereunder shall be punished as misdemeanors; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act may be cited as the Floyd County Merit System Act. Short title. Section 2. From and after the effective date of this Act, there is hereby created in Floyd County a merit system to be known as the Floyd County Merit System. All persons who receive salaries or wages in full or in part from Floyd County may be placed under the said merit system with the following exceptions: Created. (a) All elective officials. (b) Members of appointive or elective boards. (c) Members of commissions or authorities. (d) The Clerk of the Board of Commissioners of Roads and Revenues. (e) The Floyd County Superintendent of Public Works. (f) Court Reporters for the Floyd County Superior Court and Floyd City Court. (g) Employees of the Floyd County Department of Family and Children Services. (h) Employees of the Floyd County Department of Public Health. (i) Employees of the Floyd County Board of Education. (j) The Chief Deputy Clerk of the Floyd Superior Court. (k) The Chief Deputy Clerk in the office of the Tax Commissioner of Floyd County. (l) The Chief Deputy Sheriff of Floyd County. (m) The Chief Assistant Solicitor General in the office of the Solicitor General. (n) Judge of the Juvenile Court and all employees of said Court. (o) The County Attorney. (p) The Comptroller of Floyd County.

Page 2507

(q) The County Administrator and County Guardian. (r) The Chief of the Floyd County Police Department. (s) The Warden of the Floyd County Public Works Camp. (t) The Purchasing Agent for Floyd County. (u) The surplus commodities Food Director (v) The County Physician. Initially included by operation of this law under the Floyd County Merit System shall be all personnel under the jurisdiction of the Floyd County Board of Commissioners of Roads and Revenues with the exception of those specifically excluded as enumerated above, and the employees in the office of the Clerk of the Floyd County Superior Court, the Tax Commissioner of Floyd County, the Ordinary of Floyd County, the Solicitor General of Floyd County, and the Sheriff of Floyd County. The employees in the office of the Clerk of the Floyd County Superior Court, the Tax Commissioner of Floyd County, the Ordinary of Floyd County, the Solicitor General of Floyd County, and the Sheriff of Floyd County may, with the exception of those positions specifically excluded above, may come under the jurisdiction of the Merit System Board as members of the Floyd County Merit System providing their respective departments have elected to be governed under the Floyd County Merit System according to the procedures herein set forth, provided, however, that the choice of such coverage shall be irrevocable. Each such department not included under the jurisdiction of the Merit System Board by this law shall have the option of determining whether or not that department shall be governed by the rules and regulations of the Floyd County Merit System Board under either of the following procedures: Members. (a) The official who is by law the governing head of the department shall give his or her consent in writing to the Board of Commissioners of Roads and Revenues (hereinafter referred to as the governing authority of the County) that all positions in the respective department, other than those expressly excluded by this Act, come under the authority of the Merit System Board and the Rules and Regulations promulgated by said Board under the authority of this Act, or Memberships.

Page 2508

(b) The employees of any department not mandatorily placed under the authority of the Merit System Board by this Act, may petition the official who is by law the governing head of the department to give his or her assent in writing to the governing authority as provided in paragraph (a) above. Upon receiving such petition duly signed by at least seventy percent (70%) of said employees, the official shall within thirty (30) calendar days from the date of receipt of said petition give his or her assent in writing to the governing authority of Floyd County as provided in paragraph (a) immediately above. Petitions for memberships. Section 3. (a) There is hereby created and established the Floyd County Merit System Board which shall consist of three members who have been residents of Floyd County for two years or more, and who shall hold no other elective or appointive public office, either Federal, State, county or municipal. No member of the Merit System Board shall have held political office, or have been an officer of a political party during the twelve months immediately preceding his appointment, nor shall any member of the Board hold political or party office during his term on the Board. No member of the Board shall have been a salaried employee of any of the departments covered by this Act during the twelve months immediately preceding his term. Created. (b) Within thirty days after the passage and approval of this Act, the governing authority of the county shall appoint a resident of said county as a member of said Merit Board for a term of one year; the employees subject to the provisions of this Act, by secret ballot, shall elect a resident of Floyd County as a member of said Merit Board for a term of three years, which election shall be certified by the Superior Court Judge of the Rome Judicial Circuit and entered upon the minutes of the governing authority of said county. The two men so selected shall select a third citizen of Floyd County for a term of five years, whose selection shall be in writing and entered upon the minutes of the governing authority of said county. At the expiration of the term of each member, the election shall be thereafter by the same method and all persons shall be elected for a full period of five years; the board shall consist of three

Page 2509

members at all times. In the event of a vacancy upon said board caused by death, resignation or other cause, the vacancy shall be filled by election by either the governing authority of said county, the employees subject to the provisions of this Act or the two members of said board, who shall elect such successor for the unexpired terms, such vacancy to be filled in the same manner as the deceased or retired member had been elected. No member of the Board may be removed from office prior to the expiration of his term except for cause and after being served with a written copy of the specific charges against him and being given an opportunity for a public hearing before the governing authority of the county. Such hearing shall not be held unless the member has been served personally or by registered or certified mail to his residence as shown in the files of the governing authority at least ten (10) calendar days prior to the date set for the hearing. Members. (c) The three members of the said Merit System Board shall designate one of their number as chairman and another as vice chairman. Chairman, etc. (d) Members of the said Merit System Board shall be paid the sum of ten dollars ($10.00) per diem for time actually devoted to the business of the board, not exceeding thirty (30) days in any calendar year. Per diem. (e) The Merit System Board shall hold regular meetings at least once each month, and may hold additional meetings as may be required for the proper discharge of its duties. Such meetings shall be held in quarters provided by the governing authority of the county. Meetings. (f) The governing authority of the county is authorized and directed to provide the necessary office space, equipment, and employees to the Board for the accomplishment of its duties. Office space, etc. Section 4. It shall be the duty and the function of the Merit System Board:

Page 2510

(a) To represent the public interest in the improvement of personnel administration within the county government; Duties. (b) After public hearings to adopt and amend rules and regulations effectuating the merit system. Such rules and regulations shall include provisions for the establishment and maintenance of a classification plan, the establishment and maintenance of a compensation plan, the conduct of examinations, and the establishment of registers of persons eligible for appointment under the merit system, the certification of eligible persons, appointments, promotions, transfers, demotions, reductions in force, separations, leave, tenure, reinstatement, appeals, reports of employee performance, payroll certification, and other phases of a merit system of personnel administration. Such rules and regulations shall prohibit political activity by any employee covered under the rules and regulations and shall provide that there shall be no discrimination against any person or employees because of political or religious affiliations. Such rules and regulations when approved by the governing authority of the county shall have the force and effect of law and shall be binding upon all employees and department heads covered by the merit system; (c) To develop and present an annual budget for the operation of the merit system to the governing authority of the county for its approval; (d) To conduct hearings and render decision on charges preferred against persons employed in the several departments which are included in the said merit system; (e) To promote public understanding of the purposes, policies and practices of the merit system. Section 5. No employee of any department subject to this Act and who is included under the terms of the rules and regulations prescribed by the Floyd County Merit System Board, as approved by the governing authority of the

Page 2511

county, may be dismissed from said department except for good cause as shall be specified in the rules and regulations of the Merit System Board; provided, however, that this provision shall not apply to persons separated from any department due to curtailment in funds or reduction in staff due to lack of work. Any employee who has attained permanent status and who is dismissed shall have the right to appeal under the terms of the rules and regulations prescribed by the Merit System Board. The decision of the Board on such an appeal as to whether or not the dismissal was for property cause and in accordance with rules and regulations prescribed by the Board shall be binding upon the department head dismissing such employee. Such department head shall promptly comply with such order as may be issued by the Merit System Board as a result of the appeal. Dismissal of employees. Section 6. (a) Any person who wilfully violates any provision of this Act or the rules and regulations properly issued hereunder shall be guilty of a misdemeanor. (b) Any person who is convicted of a misdemeanor under the foregoing paragraph of this Act, shall, for a period of five years thereafter, be ineligible for appointment to, or employment in, a position in the county service. Section 7. It is expressly provided that all employees of Floyd County and of elected department heads who came under the Floyd County Merit System by virtue of the Floyd County Merit System Act, Ga. L. 1967, pp. 2253-2260 and as amended, Ga. L. 1968, pp. 3400-3405, shall be automatically included hereunder and shall retain all status and rights acquired under said law as amended; and the members of the Merit System Board named thereunder shall serve out their terms of appointment and shall constitute the Merit System Board provided hereunder. Intent. Section 8. The appointing authorities shall be the elected officials who by law are the governing heads of the departments of County Government, and whose authority to

Page 2512

operate their offices in the public interest and to perform the duties required of them by law by fixing working hours, shifts and supervision shall be recognized in the rules and regulations of the Merit System Board. Said Merit System Board shall fix minimum work hours and make provisions to cover over-time work and payment therefor for covered employees. Appointing authorities, etc. Section 9. The Governing Authority of Floyd County shall be permitted to authorize temporary positions for vacation or short time employment, or to meet emergency situations in the Public Works Department or Public Works Camp, to be exempt positions, and not to exceed 90 days. Temporary employees. Section 10. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known such part or parts would be declared or adjudged invalid or unconstitutional. Severability. Section 11. All laws and parts of law in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that during the 1969 Session of the General Assembly of Georgia, a Bill will be proposed to authorize and effectuate the establishment of a merit system for the government of Floyd County, to include certain employees of the county; to authorize the establishment of a capital merit system board and to prescribe the terms of office, method of selection and compensation of members of said board; to authorize the board to make and issue rules and regulations to govern the operation of the merit system;

Page 2513

to provide for financing the merit system; to repeal conflicting laws; and for other purposes. /s/ Sam Doss Senator, 52nd District /s/ Sidney Lowrey Representative, Ninth District, Post 1 /s/ Charles Graves Representative, Ninth District, Post 2 /s/ E. B. Toles Representative, Ninth District, Post 3 Georgia, Floyd County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Graves who, on oath, deposes and says that he is Representative from Floyd County, and that the attached copy of notice of intention to introduce local legislation was published in the Rome News-Tribune, which is the official organ of said County, on the following dates: January 10, January 17, January 24. /s/ Charles Graves Representative, Floyd County Sworn to and subscribed before me, this 24 day of January, 1969. /s/ Leatha Davenport Notary Public, Floyd County, Georgia My Commission expires November 21, 1972. (Seal). Approved April 9, 1969.

Page 2514

RICHMOND COUNTYCITY OF AUGUSTAJOINT BOARDS OF TAX ASSESSORS. No. 227 (House Bill No. 886). An Act to carry into effect an amendment to the Constitution, as found in Georgia Laws 1956, pp. 453 Et Seq., empowering the General Assembly of Georgia to consolidate and combine the Boards of Tax Assessors of Richmond County and the City Council of Augusta, and the governmental functions vested in and exercised by said boards and others, so as to create a joint city-county board of tax assessors for Richmond County and the City Council of Augusta as so authorized; to prescribe the powers and duties of said Board; to provide for the composition, tenure and compensation of said Board; to provide for the creation of the office of Chief Tax Appraiser; to prescribe his duties and the manner of his selection; to provide for the personnel of the office of the Chief Tax Appraiser; to provide for the payment of the expenses of the operation of the office of the Chief Tax Appraiser and of the said Board; to require all persons in Richmond County within and without the corporate limits of the City of Augusta required to make returns of taxable property to make a single return thereof by a specified time; to provide a procedure for the contesting of tax assessments; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Definitions. These terms when used in this Act, shall have the following definitions unless a different meaning clearly appears from the context: (a) Board shall mean the Augusta-Richmond County Board of Tax Assessors. (b) Council shall mean The City Council of Augusta. (c) City shall mean The City of Augusta. (d) County shall mean Richmond County.

Page 2515

(e) Commissioners shall mean the Board of Commissioners of Richmond County. Section 2. The existing boards of tax assessors for Richmond County and The City Council of Augusta are hereby abolished. Existing boards abolished. Section 3. There is hereby created a joint city-county board of tax assessors for Richmond County and The City Council of Augusta to be known as the Augusta-Richmond County Board of Tax Assessors for the entire territorial area of the city and county. Said Board shall consist of 12 members, 6 of whom shall reside within the territorial limits of the city and who shall be elected by the City Council, not more than 2 of whom shall be residents of the same ward and 6 of whom shall reside within the territorial limits of the county, outside the limits of the city, and who shall be elected by the Commissioners, 2 that will reside in the territory from Butler's Creek to Burke County line south of Augusta, 2 residing in the territory from Butler's Creek to Rocky Creek in the limits of Richmond County and 2 from Rocky Creek to Columbia County line. Of the 6 members initially elected by the Council and the 6 members elected by the Commissioners, 2 shall serve for two years, 2 shall serve for three years, and 2 shall serve for four years each, respectively, and thereafter the term of office of each member shall be four years. Joint Board created, etc. Each member shall serve until his successor is elected and qualified, or until he vacates his office, becomes disqualified, or is removed for cause, in which event the governing authority electing the member in the first instance shall elect his successor to complete his term. The Council and the Commissioners shall assign the members named or elected to either the realty division or personalty division, and the members shall thereafter serve out their respective terms on the divisions to which they are appointed. Section 4. Each member of the Board shall be at least 21 years of age, and shall give such time to the duties of his office as may be required, shall hold no other remunerative public office during the term to which he is elected and shall

Page 2516

receive $100 per month compensation, which shall be paid by the authority electing the member. No member of the Board shall also be an employee of the Board or receive any compensation for any tax assessing function performed by or for the Board, except as herein provided. Members. Section 5. The Board shall organize as soon as practicable after the effective date of this Act, but in no event later than 90 days after the effective date of this Act, and shall adopt rules for the transaction of its business. The members of the Board shall elect one member as chairman and two members as vice-chairmen, each to serve for a term of one year, with the right to succeed himself as such. The Board shall be divided into two divisions: One to assess real estate and one to assess personalty. The vice-chairmen shall serve on different divisions and shall not have been elected members of the Board by the same authority. A quorum of each division shall be not less than 4. Chairman, etc. Section 6. Said Board shall have all duties, powers and authority given to county tax assessors in Chapter 92-69 of the Code of Georgia of 1933, as amended, in executing the purposes of this Act; and without limiting the generality of the foregoing, it shall be the duty of the said Board to fix the values of all property located within the city and the county for all city, state, county, school or other tax purposes and to prepare the tax digests for the city and county. The power of the said Board shall not extend to the assessing of any property which must be returned for taxation to the State Revenue Commissioner or Comptroller General. Duties. Section 7. A person known as the Chief Tax Appraiser shall be appointed by the Board with concurrence by the Council and the Commissioners. In the event the Council or the Commissioners do not concur with the Board in their appointment of the Chief Tax Appraiser, then, and in such event, upon petition of either the Council, Commissioners or Board, the judges of the Superior Court of Richmond County shall by majority vote appoint a temporary Chief Tax Appraiser to serve until the next grand jury shall convene; at which time Council shall submit in writing to

Page 2517

said grand jury the name of its appointee for Chief Tax Appraiser; the Commissioners shall submit in writing to said grand jury the name of their appointee for Chief Tax Appraiser, and the Board shall submit in writing to said grand jury the name of its appointee for Chief Tax Appraiser, and the superior court judge then instructing said grand jury shall instruct them that it is their first duty to elect by majority vote one of said nominees. A quorum of grand jurors for the purpose of conducting said election shall be 20. Thereafter, the grand jury shall present the results of said election in writing, signed by the foreman, to the superior court judge then presiding and said judge shall have same published in open court with the same formality as a jury verdict in civil cases. Said Chief Tax Appraiser appointed shall immediately take office; but should said Chief Tax Appraiser thus appointed refuse to assume his duties, the procedure in appointing another Chief Tax Appraiser shall be the same as hereinabove outlined. Chief tax appraiser, etc. Section 8. The Chief Tax Appraiser shall, under the authority of and pursuant to the direction of the Board, prepare and keep tax maps and other tax records; shall establish an equitable and scientific system of appraising property for taxation; give notice of assessments made by the Board as provided by law and perform any and all other duties relating to the assessment of taxable property as may be required by the Board. He shall receive all returns required of taxpayers within the county and the city and all taxpayers shall be required to make a single return to the Chief Tax Appraiser, on such form as may be prescribed by the Board on or before January 31st for the year 1970, and each year thereafter; however, for the year 1969, the deadline for filing such returns shall, for property located within the limits of the city, be such date as the city charter now provides, and for property located outside the limits of the city, be April 30, 1969. The Chief Tax Appraiser shall deliver all tax returns to the Board, together with his recommended appraisal of the value of all property subject to taxation by both the city or the county. Same. Section 9. Any additional employees required for the effective operation of said Board shall be selected by the

Page 2518

Board, or their services contracted for by the Board, with the concurrence of the Council and the Commissioners. Preference shall be given to employees of the office of the Chief Tax Assessor created under an Act of the General Assembly, approved March 6, 1962 (Ga. L. 1962, pp. 3172 Et Seq). Any employees of the Board shall be entitled to all the rights, privileges and benefits provided for employees of the city. Employees. Section 10. (a) The expenses incurred by the Board in the operation of the office shall be paid each year by mutual agreement between the City of Augusta and Richmond County. In the event the city and county fail to agree as to the appropriate division of the expenses of said office, then the same shall be fixed by arbitration as provided by law. Expenses, etc. (b) The Board shall submit annually to the Council and the Commissioners an itemized statement of all moneys expended in the operation of the Board. Section 11. Any taxpayer aggrieved by the assessment of his property may file a petition with the Board, setting forth the true fair market value of such property. Upon receipt of such petition, the division having jurisdiction shall fix a date for the hearing thereon and give notice of the time and place of such hearing to the petitioner. At the hearing the division shall investigate all of the facts relating to the said taxpayer's return and shall hear such relevant evidence as may be presented by the taxpayer. After such investigation and hearing it shall order the assessment reduced, raised or approved as the said division may find just, fair and reasonable and shall thereupon notify the taxpayer of such findings. The notices herein required to be given may be served by mailing a copy thereof to the last known address of the taxpayer. Any taxpayer dissatisfied with the action of the Board may demand an arbitration as to such action pursuant to the provisions of Section 92-6912 of the Code of Georgia of 1933, as amended. Hearings, etc. Section 12. The Board, for the purpose of ascertaining the correctness of any return under this law, or for the

Page 2519

purpose of making a return where none has been made, is hereby authorized, by its agent or employees, to examine any books, papers, records or memorandum bearing upon any matter required to be included in the return. The Board shall have authority to issue subpoenas duces tecum for the production of any documents, papers or books for the purpose of ascertaining the correctness of any tax return, which subpoenas shall be served by the sheriff of the county or the city sheriff. Any person who shall refuse to appear and testify or to produce any relevant documents shall be cited to appear before the judge of the superior court of the county who shall have jurisdiction by appropriate process to complete such testimony or production of books, papers or other data. Powers. Section 13. Should the Board find that any taxpayer has failed to return his property or has omitted from the return any property that should have been returned or has undervalued any property said Board shall have all the powers with respect to such returns as is provided for in Chapter 92-69 of the Code of Georgia, of 1933, as amended, and shall proceed as therein provided to require correct returns. Returns, etc. Section 14. The provisions of this Act shall become effective immediately. Effective date. Section 15. All laws and parts of laws in conflict herewith are hereby repealed with this proviso: If this Act shall be held unconstitutional, then the repeal of existing laws or ordinances shall remain in effect as fully as though this Act had not been passed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the JanuaryMarch 1969 Session of the General Assembly of Georgia a bill to carry into effect an amendment to the Constitution, as found in Georgia Laws 1956, pp. 453 et seq. empowering the General Assembly of Georgia to consolidate and combine Richmond County and The City Council of Augusta Tax Assessors and the governmental functions

Page 2520

vested in and exercised by said Boards in The City Council of Augusta and Richmond County, so as to create a joint City-County Board of Tax Assessors for Richmond County and The City Council of Augusta as so authorized; to prescribe the powers and duties of said Board; to provide for the composition, tenure and compensation of said Board; to provide for the creation of the office of Chief Tax Assessor; to prescribe his duties and the manner of his selection; to provide for the personnel of the office of the Chief Tax Assessor; to provide for the payment of the expenses of the operation of the office of the Chief Tax Assessor and of the said Board; to require all persons in Richmond County within and without the corporate limits of the City of Augusta required to make returns of taxable property to make a single return thereof by a specified time; to provide a procedure for the contesting of tax assessments; to repeal all laws in conflict herewith; and for other purposes. Franklin H. Pierce County Attorney Richmond County Samuel C. Waller City Attorney City Council of Augusta Georgia, Richmond County Personally appeared, W. S. Morris, III who being duly sworn says that he is president of Southeastern Newspapers Corporation, and as such publisher of The Augusta Herald, a daily newspaper in Augusta, in said State and County, being the newspaper in which Sheriff's advertisements are published and that the advertisement notice of intention to apply for local legislation hereto attached duly appeared in said newspaper on the following dates to wit: January 25-February 1-8-1969. /s/ W. S. Morris President Publisher

Page 2521

Sworn to and subscribed before me, this 3rd day of March, 1969. /s/ Katie Broadwater, Notary Public, Richmond County, Ga. My Commission expires Jan. 11, 1972. (Seal). Approved April 9, 1969. CITY OF ATLANTAELECTIONS. No. 229 (House Bill No. 382). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that the Act entitled an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be and the same are further amended as follows: Section 1. The General Election for the City of Atlanta shall be held on the first Tuesday after the first Monday in October, 1969, and quadrennially thereafter on said date. No candidate shall be elected to public office unless such candidate receives a majority of the votes cast to fill such public office. Elections. Section 2. Effective January 1, 1970, there is hereby created the Atlanta Municipal Election Commission which shall act in an advisory capacity to the Board of Aldermen and Election Superintendent in regards to election matters. The Commission shall be composed of one member from each of the wards of the City of Atlanta to be appointed by the Mayor, subject to the approval of the Board of Aldermen. In order to be eligible for appointment to the Board, a member must be a qualified elector of the City.

Page 2522

No more than one member of the Commission may reside within the same ward. Fifty percent of the initial appointments shall be for a term of office ending December 31, 1976, and the remaining members shall be appointed for terms ending December 31, 1974. Thereafter, all appointments shall be for terms of office of four years. In making his initial appointment the Mayor shall appoint no less than four of the immediate past members of the City Executive Committee of the City of Atlanta to the Commission. The initial appointments by the Mayor shall be made prior to March 1, 1970. Until January 1, 1970, the functions and responsibilities of the Municipal Election Commission shall be performed and discharged by the City Executive Committee of the City of Atlanta. Atlanta Municipal Election Commission. Section 3. The Atlanta Municipal Election Commission shall recommend proposed budgets to the Board of Aldermen from which the costs of municipal elections shall be met. The Commission shall recommend to the Board of Aldermen the amount of qualification fees required of candidates; provided however, such qualification fees shall not be more than two months' salary of the office to which qualification for election is sought. The Commission shall advise with and make recommendations to the Election Superintendent and Board of Aldermen for the adoption of election procedures which will result in efficient and orderly elections within the City of Atlanta. The Commission shall conduct hearings for the purpose of providing a forum where complaints pertaining to the election process and procedures may be aired by the citizens of the City of Atlanta. Budget, etc. Section 4. Where possible the City of Atlanta shall make use of and utilize the election facilities and personnel of Fulton County and DeKalb County when conducting municipal elections or primaries when such utilization will provide more efficient and inexpensive elections or primaries in the City of Atlanta, and such use shall be agreeable to such counties. Use of County Employees. Section 5. In each year in which a special or general election is held in the City of Atlanta, the members of the

Page 2523

Atlanta Municipal Election Commission, and until 1970, the City Executive Committee shall receive the sum of $200. Compensation. Section 6. Notwithstanding any other provisions of this charter to the contrary, no candidate shall have his name placed upon the ballot by virtue of accompanying his notice of candidacy with a nominating petition. Candidates. Section 7. No political party shall conduct primaries for the purpose of nominating candidates for municipal elections. In all municipal elections conducted by the City of Atlanta, the names of all candidates shall be listed upon the ballot under the Independent column. Primaries. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the 1969 session of the General Assembly of Georgia, which convenes on Monday, January 13, 1969 to amend the charter of the City of Atlanta, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. This 18th day of December, 1968. Henry L. Bowden City Attorney, City of Atlanta. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Grace T. Hamilton who, on oath, deposes and says that she is Representative from the 112th District, and that the attached copy of notice

Page 2524

of intention to introduce local legislation was published in The Fulton County Daily Report which is the official organ of Fulton County, on the following dates: December 23, 30, 1968 and January 6, 1969. /s/ Grace T. Hamilton Representative, 112th District. Sworn to and subscribed before me, this 20th day of January, 1969. /s/ Pamela A. Little, Notary Public, Georgia State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 10, 1969. FULTON COUNTY BOARD OF EDUCATIONPENSION SYSTEM ACT AMENDED. No. 231 (House Bill No. 106). An Act to amend an Act entitled An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes, approved February 2, 1945 (Ga. L. 1945, p. 528), as heretofore amended, so as to clarify the wording of the formula provided in the amendment approved March 4, 1966 (Ga. L. 1966, p. 3109) for computing a refund of a portion of employees' contributions in certain cases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia that the Act entitled An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes, approved February 2, 1945 (Ga. L.

Page 2525

1945, p. 528), as heretofore amended, and particularly as amended by an Act approved March 4, 1966 (Ga. L. 1966, p. 3109), be further amended to clarify the wording of the formula provided in Section 31 thereof, as follows: Section 1. Said Act as amended is further amended by adding to section 31 thereof, following the words total contributions under this Act, the words then the difference between the benefits paid and the employee's total contributions under this Act, so that section 31 when amended shall read as follows: Section 31. Notwithstanding any other provision of this Act, at such time as all benefits payable to an employee and his dependents under other provisions of this Act have been paid, if such benefits have not equalled the amount of the employee's total contributions under this Act, then the difference between the benefits paid and the employee's total contributions under this Act shall be paid to the employee's estate. Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 3. Should any section or provision of this Act be held unconstitutional or invalid, such section or provision shall not affect the validity of this Act as a whole or any part thereof other than the part so held to be unconstitutional. Section 4. A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to the notice of intention to apply for the passage of local legislation have been complied with for the enactment of this law. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply to the January 1969 Session of the General Assembly of Georgia for

Page 2526

local legislation to amend an Act to provide in Fulton County a system for pensions and retirement pay to teachers and employees of the board of education of Fulton County.....and for other purposes (Ga. L. 1945, p. 528-535, as heretofore amended; any matter germane to this general subject may be included in such legislation or by amendment thereto. Douglas T. Purdie Chairman Fulton County School Pension Board By Lula B. Carson Executive Secretary Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dick Lane who, on oath, deposes and says that he is Representative from the 101st District, and that the attached copy of notice of intention to introduce local legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: December 19, 26, 1968 and January 2, 9, 1969. /s/ Dick Lane Representative, 101st District Sworn to and subscribed before me, this 17th day of January, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 10, 1969.

Page 2527

SUMTER COUNTYCOMPENSATION OF CLERK AND DEPUTY CLERK OF SUPERIOR COURT. No. 234 (House Bill No. 313). An Act to amend an Act abolishing the fee system of compensating the clerk of the superior court and city court clerk in the County of Sumter, and providing a salary system in lieu thereof, approved February 14, 1957 (Ga. L. 1957, p. 2095), as amended, particularly by an Act approved February 29, 1968 (Ga. L. 1968, p. 2071), so as to change the compensation of said clerk and one of his clerks; 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 abolishing the fee system of compensating the clerk of the superior court and city court clerk in the County of Sumter, and providing a salary system in lieu thereof, approved February 14, 1957 (Ga. L. 1957), p. 2095), as amended, particularly by an Act approved February 29, 1968 (Ga. L. 1968, p. 2071), is hereby amended by striking from section 2 the following: eight thousand, five hundred ($8,500.00), and by inserting in lieu thereof the following: nine thousand, two hundred ($9,200.00), so that when so amended section 2 shall read as follows: Section 2. The clerk of the courts enumerated in section 1 shall be paid an annual salary of nine thousand, two hundred ($9,200.00) dollars, which salary shall be payable in monthly installments from the funds of Sumter County, Georgia, by the person or persons charged by law with the responsibility of paying out funds of said county. Clerk's salary. Section 2. Said Act is further amended by striking from section 7 the following: $1,500.00, and by inserting in lieu thereof the following: $3,600.00, so that when so amended section 7 shall read as follows: Section 7. The employees of the clerk of the courts enumerated in section 1 shall be paid annual salaries, payable

Page 2528

in equal monthly installments, out of funds of Sumter County as follows: Clerk I$5,000.00 per year Deputy Clerks. Clerk II$3,600.00 per year. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given that a Bill will be introduced at the present session of the General Assembly of Georgia seeking to raise the salaries of clerk of superior court of Sumter County and one of the deputy clerks of superior court of Sumter County, Georgia. Ely Horne, Clerk Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Janet S. Merritt who, on oath, deposes and says that she is Representative from the 46th District, and that the attached copy of notice of intention to introduce local legislation was published in the Americus Times-Recorder which is the official organ of Sumter County, on the following dates: January 15, 22, 29, 1969. /s/ Janet S. Merritt Representative, 46th District Sworn to and subscribed before me, this 4th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 10, 1969.

Page 2529

CITY OF COHUTTAINCORPORATED, REFERENDUM. No. 237 (House Bill No. 645). An Act to incorporate the City of Cohutta, Georgia, in the County of Whitfield; to provide a charter for said city; to provide for definitions; to provide for city limits; to provide for corporate powers; to provide for the registration of electors; to provide for election of the mayor and councilmen; to provide for certain restrictions on candidates and their supporters; to provide for penalties; to provide that the mayor and four councilmen shall compose the city council; to provide that all corporate legislative and other powers of the city, except as otherwise provided by this Act, shall be vested in the city council; to provide for the compensation and expenses of the mayor and councilmen; to provide that the mayor shall preside at meetings of the council and shall have certain other powers and duties; to provide for the election of a vice mayor by the council from its membership; to provide for the filling of vacancies in the office of mayor and councilmen; to provide for certain restrictions on councilmen; to provide that the office of councilmen shall be declared vacant under certain circumstances; to provide for a city clerk; to provide for city legislation and the procedures connected therewith; to provide for rules and regulations; to provide for the organization of the city government; to provide for the administrative duties of the mayor; to provide for a city attorney; to provide for a city court; to provide for the powers and jurisdiction of said court; to provide for certain officers and employees; to provide for official bonds; to provide that certain political activity shall be prohibited; to provide for penalties; to provide for the fiscal administration of said city and the procedures connected therewith; to provide that the city shall be authorized to levy a property tax; to provide for special assessments; to provide for disbursements by checks; to provide for an official depository; to provide for restrictions on actions for damages against the city; to provide that the council may use the provisions of general laws; to provide for penalties; to provide for the

Page 2530

first election for mayor and councilmen and their initial terms of office; to provide the procedures connected with the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. TABLE OF CONTENTS Section ARTICLE I. DEFINITIONS, CITY LIMITS AND POWERS This act is a charter 1.01 Definitions 1.02 City Limits 1.03 Corporate powers 1.04 Ordinances 1.05 ARTICLE II. CITY COUNCIL Registration of Electors 2.01 Election of Mayor Councilmen 2.02 Restrictions on Candidates and their supporters 2.03 City Council 2.04 Mayor as Presiding Officer 2.05 Vice-Mayor 2.06 Vacancy in office of Mayor or Councilmen 2.07 Restrictions on Councilmen 2.08 City Clerk 2.09 Official City Newspaper 2.10 City Legislation 2.11 Codification of Ordinances 2.12 Rules and Regulations 2.13 ARTICLE III. ORGANIZATION AND PERSONNEL Organization 3.01 Administrative duties of mayor 3.02 City Attorney 3.03 City court 3.04 City judge and city court clerk 3.06 Other officers and employees 3.06 Appointment, suspension and removal 3.07 Oath of office 3.08 Official bond 3.09 Political activity prohibited 3.10 Officers and employees not to profit 3.11 ARTICLE IV. FISCAL ADMINISTRATION Fiscal year 4.01 Mayor to submit annual budget 4.03 Public hearing 4.03 Action by council on budget 4.04 Allotments 4.05 Centralized purchasing 4.06 Sale of city property 4.07 Annual audit 4.08 Property taxes 4.09 Tax levy 4.10 Tax due dates and tax bills 4.11 Collection of delinquent taxes 4.12 Special assessment 4.13 Disbursement by checks 4.14 Official depository 4.15 ARTICLE V. MISCELLANEOUS Restrictions on actions for damages 5.01 General laws may be used 5.02 Penalties 5.03 Severability 5.04 First Election for Mayor and Councilmen 5.05 Referendum 5.06 Effective Date 5.07 Certification Advertisement Verification

Page 2531

CHARTER for MAYOR-COUNCIL FORM OF GOVERNMENT ARTICLE I. CHARTER, DEFINITIONS, CITY LIMITS AND CORPORATE POWERS Section 1.01. This Act is a charter. Be it enacted by the General Assembly of the State of Georgia . That this act shall constitute the whole charter of the town of Cohutta, Georgia. The town of Cohutta, Georgia, in the county of

Page 2532

Whitfield, and the inhabitants thereof, are hereby constituted and declared a body politic and corporate by the name and style of Cohutta, Georgia, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure. Section 1.02. Definitions. Be it further enacted, that as used in this Act the following words and terms shall have the following meanings: (a) City shall mean the town of Cohutta, Georgia. (b) Councilman shall mean a person elected to the city council as provided in this Act. Member of the council shall mean the mayor and each councilman. (c) Non-partisan shall mean without any designation of candidates and members or candidates of any state or national political party or organization. (d) At large shall mean the entire city, as distinguished from representation by wards or other districts. (e) Public way shall mean any land used by the public as a passage way, including but not limited to streets, roads, highways, expressways, freeways, boulevards, avenues, parkways, alleys, lanes, sidewalks, walks, bridges, viaducts, subways, underpasses, tunnels, and other thoroughfares, and including the right-of-ways of such public ways. (f) Code shall mean any publication or compilation of rules, regulations, specifications, standards, limitations, or requirements by an agency of the Federal or State government, or by a municipality, or by a trade association or other organization generally recognized as an authority in its field of activity. (g) Agency shall mean any office, court, utility, board, commission, institution, or other organization in charge of or administering any public function or municipal affair of the city.

Page 2533

(h) Officer shall mean and include the mayor, councilmen, city judge, member of boards and commissions, and any other persons classified as public officers by the laws or judicial decisions of this state. An officer as herein defined shall fill an office, and an employee shall fill a position of employment. (i) Elector shall mean a person residing within the city who is qualified to vote therein. (j) The masculine shall include the feminine, and the singular shall include the plural and vice versa. (k) The word shall is mandatory; may is permissive. Section 1.03. City limits. Be it further enacted, that the boundaries of the city shall be as follows: All that tract or parcel of land lying and being in Land Lots Nos. 25, 47, 48, 60, 61, 62, 63, 82, 83, 84 and 85 in the 11th District and 3rd Section of Whitfield County, Georgia, and described as follows: Beginning at the southeast corner of said Land Lot No. 83; thence north along the east line of said land lot to the southwest corner of the property of James F. Bevil, Jr.; thence east to the southeast corner of the property of James F. Bevil, Jr.; thence north along the east line of the property of Bevil and Martin to the north line of said Land Lot No. 84; thence east along the north line of said Land Lot No. 84 to the southeast corner of the property of Earl Shugart; thence south to the south line of said Land Lot No. 84 at the northwest corner of the property of John Shugart; thence east along the south line of said Land Lots Nos. 84 and 85 to a point 350 feet east of the east right-of-way line of Georgia Highway No. 71; thence northwardly parallel to said right-of-way line to the north line of the property of Mrs. G. C. Manis; thence westwardly and northwestwardly crossing Georgia Highway No. 71 to the southwest corner of the property formerly known as the Rogers Farm; thence west to the northwest

Page 2534

corner of the property of Roy Skidmore; thence north at a 90 degree angle to the south line of the Cohutta Fish Hatchery property; thence eastwardly to the southeast corner of said fish hatchery; thence northwardly to the northeast corner of said fish hatchery; thence westwardly to the east right-of-way line of Southern Railway Company; thence northwardly along the east right-of-way line of Southern Railway Company 600 feet, more or less; thence west crossing said railway to the northwest corner of the property of Leo J. Whaley; thence south to the southwest corner of said Land Lot No. 25; thence west along the north line of Land Lot No. 47 to the west right-of-way line of Southern Railway Company; thence southwardly along the west right-of-way line of Southern Railway Company to a point 200 feet north of the Ed Barrett Estate; thence west to the east right-of-way line of Cohutta-Apison Road; thence south 2440 feet, more or less, to the southwest corner of the property of Richard L. Williams at the Shugart line; thence west to the northeast corner of the property of Odell Riddle; thence continuing west to the northwest corner of the Riddle property on the west line of Land Lot No. 62; thence continuing west 810 feet, more or less, to the north right-of-way line of Cohutta-Chattanooga Road; thence south at a 90 degree angle 1320 feet; thence east 810 feet to the west line of Land Lot No. 83; thence south to the southwest corner of Land Lot No. 83; thence east to the point of beginning. Section 1.04. Corporate powers. Be it further enacted, that the corporate powers of the city, to be exercised by the city council, shall include the following: (a) To levy and to provide for the assessment and collection of taxes on all property subject to taxation. (b) To levy and to provide for the collection of license taxes on privileges, occupations, trades, and professions. A collection fee of one dollar ($1.00) may be added to each such license tax. (c) To levy and provide for the collection of registration fees on automobiles and trucks owned by residents of the city.

Page 2535

(d) To appropriate and borrow money to provide for payment of the debts of the city, and to authorize the expenditure of money for any municipal purpose or matter of national or state interest. (e) To acquire, dispose of, and hold in trust or otherwise any real, personal or mixed property, inside or outside the city. (f) To condemn property, inside or outside the city, for present or future use, under sections 36-202 of the Code of Georgia, 1933, or under other applicable public acts. (g) To acquire, operate and dispose of public utilities, subject to the provisions of applicable general laws. (h) To grant franchises or make contracts for public utilities and public services, not to exceed a period of twenty years. The council may prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor. (i) To regulate the rates and services of public utilities insofar as not in conflict with such regulation by the State Railroad and Public Utilities Commission or other similar state or Federal agency having jurisdiction in such matters. (j) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment, 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 taken under sections 36-202 of the Code of Georgia or other applicable public acts. (k) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots of lands. A real estate owner shall be liable for any injury or damage sustained by reason of a defective sidewalk

Page 2536

adjoining his lot or land and the city shall not be liable for any such injury or damage, if a city officer or employee, authorized to do so by the city council, at least ten days prior to occurrence of the injury or damage served him with personal notice or sent a notice by ordinary mail to the owner of record that the sidewalk should be repaired and placed in a safe condition. (l) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (m) To provide for the collection and disposal of garbage, rubbish and refuse. Charges may be imposed to cover the costs of such services which, if unpaid, shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. (n) To define, regulate and prohibit any act, practice, conduct, or use of property, detrimental, or likely to be detrimental, to the health, morals, safety, security, peace, convenience, or general welfare of inhabitants of the city. (o) To establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, plumbing, and housing for the health, sanitation, cleanliness and safety of inhabitants of the city, and to provide for the enforcement of such standards. (p) To regulate and license weights and measures. (q) To provide that persons given jail sentences in the city court shall work out such sentences on the streets or any public works of the city or in a city workhouse established for this purpose, as provided by ordinance; or the council may provide for the commitment of city prisoners to the county workhouse or jail by agreement with the appropriate county officers. (r) To regulate and license or prohibit the keeping or

Page 2537

running at large of animals and fowls and to provide for the impoundment of same in violation of any ordinance or lawful order and for their disposition, by sale, gift, or humane killing, when not redeemed as provided by ordinance. (s) To order any railroad operating within the city to construct viaducts or underpasses to eliminate grade crossings or to pave and maintain grade crossings in a smooth and safe condition. The city shall pay the costs of constructing approaches to the railroad's right-of-way line. Each day's failure of the railroad to comply with such an order after a reasonable time has elapsed shall be a misdemeanor and a separate offense, and shall be punished by a fine not to exceed fifty dollars ($50.00) in the city court for each offense. If the railroad refuses to do such work the city may have the work done and may collect the cost thereof from the railroad by the use of all legal and equitable remedies available under the law. (t) 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 of such vehicles in amounts prescribed by ordinance, and to regulate and rent parking spaces in public ways for the use of such vehicles. (u) To levy and provide for the collection of special assessments for public improvements. (v) To provide that the violation of any ordinance, rule, regulation or order shall be punishable as a misdemeanor. (w) 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, morals, and general welfare of the city and its inhabitants, and all implied powers necessary to carry into execution all powers granted in the Act as fully and completely as if such powers were fully enumerated herein. No enumeration of particular powers in this Act shall be held to be exclusive of others nor restrictive of general words and phrases granting powers,

Page 2538

but shall be held to be in addition to such powers unless expressly prohibited to cities under the constitution or applicable public acts of the state. Section 1.05. Ordinances. Be it further enacted, that all ordinances, by-laws, rules and regulations now in force in said city, not inconsistent with this Act, are hereby declared valid and of force until amended or repealed by said mayor and councilmen of said city. ARTICLE II REGISTRATION OF ELECTORS, CITY COUNCIL, ELECTIONS Section 2.01. Registration of Electors. Any qualified and registered elector of Whitfield County who has resided within the corporate limits of the City of Cohutta at least six months immediately preceding any city election shall be deemed to be a qualified and registered elector of the City of Cohutta for any such election. Section 2.02. Election of Mayor and Councilmen. Any qualified elector of the City of Cohutta who is at least 21 years of age may be qualified as a candidate for mayor or councilman by submitting to the city clerk a notice of his candidacy at least fifteen days prior to the date of any city election. All city elections shall be non-partisan and shall be conducted by the city election managers at the same hours and places for holding general elections and in accordance with the election laws of this State except as otherwise provided herein. All elections shall be by the qualified electors of the city at large, and all candidates for mayor and councilmen shall reside anywhere within the corporate limits of the City of Cohutta. Successors to the first mayor and councilmen, who shall be elected in accordance with the provisions of Section 5.05, shall be elected as follows: Successors to the two councilmen whose terms of office expire on the first Monday in January, 1971, shall be elected on the second Wednesday in December, 1970, to take office on the first Monday in January, 1971, for terms of four years and until their successors are elected and qualified; successors to the two councilmen and mayor

Page 2539

whose terms of office expire on the first Monday in January, 1973, shall be elected on the second Wednesday in December, 1972, to take office on the first Monday in January, 1973, for terms of four years and until their successors are elected and qualified. Thereafter, the mayor and two councilmen, or the three councilmen, as the case may be, shall be elected on the second Wednesday in December immediately preceding the expiration of their terms and shall take office on the first Monday in January immediately following their election for terms of four years and until their successors are elected and qualified. At all said elections, the candidate for mayor and the two candidates for councilman, or more, as the case may be, who receive the highest number of votes cast at said election shall be elected. No informality shall invalidate such an election, provided it is conducted fairly and in substantial conformity with the requirements of this Act and the election laws of this State. All officers shall be elected at biennial elections to serve a term of four years. The terms of office of all elected officials shall begin at 12:01 A.M. on the first Monday in January next, following their election. The terms of office of all present councilmen of the city shall terminate and end at 12:01 A.M. on the first Monday in January following the election of their successors. Section 2.03. Restrictions on candidates and their supporters. Be it further enacted, that if a candidate or any person in his behalf directly or indirectly gives or promises to any person or persons any office, employment, money, benefit, or anything of value in connection with his candidacy, upon conviction thereof he shall be punished by a fine of not more than one hundred dollars ($100.00), or by imprisonment not to exceed one year, or by both such fine and imprisonment, and shall thereafter be ineligible to hold any office or position of employment in the city government for a period of five years. Section 2.04. City council. Be it further enacted, that the mayor and four councilmen shall compose the city council, in which is vested all corporate legislative and other powers of the city, except as otherwise provided in this Act. The council shall be the final judge of the election

Page 2540

and qualifications of its members. The mayor and councilman shall receive any actual and necessary expenses, but shall not be paid any salary as mayor or councilman. The council shall hold regular public meetings at a stated time and place, as provided by ordinance. The council shall meet in special session on written call of the mayor or any two councilmen and served on the other members personally or left at their residences at least twelve hours in advance of the meeting, but such notice of a special meeting shall not be required if the mayor and all councilmen are present when the special meeting is called. Only the business stated in the written call may be transacted at a special meeting, except by unanimous consent of all members of the council. The council shall exercise its powers only in public meetings. A majority of the council shall constitute a quorum. The council may by ordinance adopt rules and by-laws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent members. The council may subpoena and examine witnesses, to order the production of books and papers, and to have the same powers as a circuit court to punish for refusal to obey such an order or subpoena or for disorderly or contemptuous behavior in the presence of the council. Section 2.05. Mayor as presiding officer . Be it further enacted, that the mayor shall preside at meetings of the council, shall have a vote only in case of a tie but no veto power, shall be the ceremonial head of the city, shall sign ordinances and resolutions on their final passage, shall sign deeds, bonds and contracts when authorized by the council to do so, shall be the officer to accept process against the city, and shall perform other duties imposed by this Act and ordinances not inconsistent with this Act. Section 2.06. Vice-mayor . Be it further enacted, that the Council at the first regular meeting, after the newly elected councilmen have taken office following each biennial election, shall elect from its membership a vice-mayor for a term of two years. In the event that no decision is reached at such first regular meeting, the council shall, within five ballots to be taken within ten days following such meeting, elect the vice-mayor, otherwise the councilman

Page 2541

who received the highest number of votes when he was last elected shall become vice-mayor. The vice-mayor shall perform the duties of the mayor during his absence or inability to act, and shall fill out any unexpired term in the office of mayor, in which case a new vice-mayor shall be elected by majority vote of the council. Section 2.07. Vacancy in office of mayor or councilman . Be it further enacted, that a vacancy shall exist if the mayor or a councilman resigns, dies, moves his residence from the city, has been continuously disabled for a period of six months so as to prevent him from discharging the duties of his office, or is convicted of malfeasance or misfeasance in office, or felony, a violation of the Act or a violation of the election laws of the state. The council shall appoint a qualified person to fill such a vacancy for the remainder of the unexpired term. If a tie vote by the council to fill a vacancy is unbroken for fifteen days, the mayor or vice-mayor in case of a vacancy in the office of mayor, shall appoint a qualified person to fill the vacancy. At no time shall there be more than two members so appointed holding office, and if a vacancy occurs with two members so appointed on the council, a special election shall be held by the city election managers on the eighth Wednesday following occurrence of the vacancy, at which election a mayor or councilman, as the case may be, shall be elected to serve the remainder of the unexpired term of the vacant office; provided that no such election shall be held if a regular annual election will occur within six months. Candidates in such a special election shall be nominated as provided in section 2.01 of this Act. Section 2.08. Restrictions on councilmen . Be it further enacted, that the 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 to 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 duties by the mayor or any other officer or employee. The council shall deal with the various agencies, officers and employees of the city, except boards or commissions

Page 2542

authorized by this Act, solely through the mayor, and shall not give orders to any subordinates of the mayor, either publicly or privately. Nothing herein contained shall prevent the council from conducting such inquires into the operation of the city government and the conduct of the city's affairs as it may deem necessary. The office of any councilman violating any provision of this section shall immediately become vacant upon his conviction in a court of competent jurisdiction. Section 2.09. City clerk. Be it further enacted, that the mayor and council shall appoint a city clerk, who shall be responsible for keeping and preserving the city seal and all records of the council, including all tax records; attending meetings of the council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the vote of each member on each question, each motion considered, and the title of each resolution or ordinance considered; preparing and certifying copies of official records in his office, for which fees may be prescribed by ordinance; receiving and collecting taxes and other monies; and performing such other duties as may be required by the council or mayor. The mayor and council shall fix the compensation of the city clerk. Section 2.10. Official city newspaper. Be it further enacted, that the council by resolution shall designate a newspaper of general circulation in the city as the official city newspaper. Section 2.11. City legislation. Be it further enacted, that any action of the council having a regulatory or penal effect, relating to revenue or the expenditure of money, or required to be done by ordinance under this Act, shall be done only by ordinance. Each motion, resolution and ordinance shall be in written form before being introduced. The affirmative vote of at least three members of the council shall be required to pass any motion, resolution or ordinance, including two readings in the case of an ordinance. Each ordinance, before being adopted, shall be read at two meetings not less than one week apart, and shall take effect ten days after its adoption, except that, where

Page 2543

an emergency exists and the public safety and welfare require it, an ordinance containing a full statement of the facts and reasons for the emergency may be made effective upon its adoption if approved by at least four members of the council on two readings on successive days. No ordinance relating to a franchise, exclusive contract or other special privilege shall be passed as an emergency ordinance. Amendments of ordinances and resolutions or parts thereof shall be accomplished only by setting forth the complete section, sections, sub-sections in their amended form. A code may be adopted by an ordinance which contains only a reference to its title, date and issuing organization, and the city clerk shall file a copy of the code in his office. The city shall furnish a copy of any such code to any person for a reasonable fee. After adoption of a code or ordinances, as provided in section 2.11 of this article, the city clerk shall number ordinances consecutively in the order of their final adoption and shall copy them into a permanent record book used solely for this purpose and the city clerk shall do likewise for resolutions, using a separate series of numbers and a separate record book. The original copies of all ordinances, resolutions and motion shall be filed and preserved by the city clerk. An abstract of the essential provisions of each ordinance shall be published once in the official city newspaper within ten days after its adoption, except that only the title shall be so published of a code adopted by reference as provided in this section. Section 2.12. Codification of ordinances. Be it further enacted, that within three years after this Act becomes effective there shall be prepared, under the direction of the mayor and with the advice of the city attorney, a codification of all ordinances and resolutions having a regulatory effect or of general application which are to be continued in force. Existing ordinances and resolutions may be revised, amended, and consolidated in making the codification, which shall then be adopted as a single ordinance to be known and cited as the Official Code of the City of Cohutta, Georgia; and thereupon all ordinances and resolutions in conflict therewith shall be repealed. The ordinance containing the code need not be published in a newspaper, either in full or in part or in abstracted form, but

Page 2544

a notice of its adoption shall be published once in the official city newspaper. The code shall be reproduced in loose-leaf form and shall be made available to any person desiring a copy, for which a reasonable fee may be charged. An additional annual fee may be charged for furnishing revisions currently. After adoption of the code each ordinance shall be adopted as a numbered section or sections of the code, as amending existing sections or adding new sections. Such new ordinances shall be reproduced to replace existing pages (with instructions to destroy existing pages) or to be added to the code, and shall be distributed to city officials and employees having copies of the code and to other persons who have paid the annual fee for current revisions. Notes shall be inserted at the end of amended or new sections, referring to the dates and numbers of ordinances making the amendments or adding the new sections, and such references shall be cumulative if a section is amended more than once in order that the current copy of the code will contain reference to all ordinances passed since the adoption of the original code. Section 2.13. Rules and regulations., Be it further enacted, that the council may by ordinance authorize officers and agencies of the city to promulgate formal rules and regulations within their respective jurisdictions, subject to such restrictions and standards of guidance as the council may prescribe. No such formal rule or regulation shall take effect until it is filed with the city clerk, who shall file and preserve the original copy in his office. Such rules and regulations shall be included as a separate section of the official code and shall be reproduced and distributed in looseleaf form as required by section 2.10. Amendments of such rules and regulations shall be accomplished only by setting forth complete sections or subsections in their amended form. ARTICLE III. ORGANIZATION AND PERSONNEL Section 3.01. Organization. Be it further enacted, that the city government may be organized into a department of general government, Department of Parks and Recreation, Police Department, Fire Department and Department

Page 2545

of Public Works, unless and until otherwise provided by ordinance, but no such ordinance shall be adopted until after the council has received and considered the written recommendations of the mayor. The council by such ordinances may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city, 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, subject to the following exceptions: (a) the number of members and authority of the council, as provided in this Act, shall not be changed, (b) all officers and employees of the city, except as otherwise specifically provided in this Act, shall be appointed and removed by and shall be under the direction and control of the mayor, (c) the office of mayor shall not be abolished, nor shall his powers, as provided in this Act be reduced. Section 3.02. Administrative duties of mayor. Be it further enacted, that the mayor shall be the executive head of the city government, responsible for the efficient and orderly administration of the city's affairs. He shall be responsible for the enforcement of laws, rules, and regulations, ordinances and franchises in the city, and the city attorney shall take such legal actions as the mayor may direct for such purposes. He shall have authority to appoint, promote, demote, transfer, suspend and remove all officers and employees except that any full time employees of the city shall be approved by the mayor and council, and to direct and control their work, except as otherwise provided in the Act. He shall submit to the council annual budgets, reports, and such other information as he may deem necessary or the council may require. He shall have authority to make allotments of funds within the limits of appropriations approved by the Mayor and Council. If no other employee is designated as purchasing agent he shall act as purchasing agent for the city. He may conduct inquiries and investigations into the conduct of the city's affairs and shall have such other powers and duties as may be provided by ordinances not inconsistent with this Act.

Page 2546

Section 3.03. City Attorney. Be it further enacted, that the mayor and council shall appoint a city attorney, together with such assistant city attorneys as may be authorized by ordinance. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a part, may be the prosecuting officer in the city court, may attend all meetings of the council, shall advise the council, mayor and other officers and employees of the city concerning legal aspects of the city's affairs, shall approve as to form and legality all contracts, deeds, bonds, ordinances, resolutions, motions, prescribed by the council or mayor. Section 3.04. City court. Be it further enacted, that a city court, presided over by a city judge on a full or part time basis as may be prescribed by ordinance, is hereby established, which shall have jurisdiction over violations of this act and ordinances of the city. The city court shall also have concurrent jurisdiction with that of a justice of the peace over offenses against the criminal laws of the state committed within the city. The city judge shall have authority to impose fines, costs, forfeitures, and imprisonment in a jail or workhouse, as provided in this Act and by ordinance, and except as provided in this Act his authority and powers and the procedure in the city court shall be the same as provided by state law for a justice of the peace. Appeals from the city court shall be to the superior court. Warrants, subpoenas and other processes of the city court shall be executed by police officers of the city, who for such purposes shall have the same powers and authority of a sheriff in executing process of a circuit court. The city attorney, or assistant city attorney, shall be the prosecuting officer of the court. Section 3.05. City judge and city court clerk. Be it further enacted, that the council shall appoint and fix the salary of the city judge for terms of two years, and such salary shall not be changed during a term of office. The council may impeach and remove the city judge for neglect or refusal to enforce the laws of the state and ordinances of the city, or for other misconduct in office or neglect of duty, but any person so removed may appeal to the superior

Page 2547

court and thence to the supreme court of the state. The council shall fill a vacancy in this office by appointment for the unexpired term. The city judge shall excuse himself from a case in which (a) he is interested, (b) he is related to the defendant by blood or marriage within the third degree, or, (c) for any reason he believes that he will be prejudiced, and such a case, as well as cases during the absence or disability of the city judge, shall be heard and decided by an acting city judge appointed by the mayor. The mayor may remove the acting city judge at any time without cause. The compensation of an acting city judge shall be fixed by ordinance. The council may authorize a city court clerk and other personnel, to assist and to be appointed and removed by the city judge, to perform such duties as may be prescribed by ordinance or by the city judge. Section 3.06. Other officers and employees. Be it further enacted, that the council by ordinance, after receiving the written recommendations of the mayor, may establish offices and positions of employment and may abolish, combine or modify them in accordance with such recommendations. The powers and duties of such offices and positions of employment may be defined by ordinance, and if not defined by ordinance shall be defined in formal rules and regulations issued by the mayor as provided in Section 2.13 of this Act, but in any event the mayor may require officers and employees of the city, except those appointed by and accountable to the council, to perform such additional duties as may be considered necessary by him for the proper and efficient conduct of the city's affairs. Public utilities owned or operated by the city may be under the supervision of the mayor and employees appointed by him or may be under boards or commissions appointed by and answerable to the council, as provided by ordinance. The salaries of all employees of the city shall be fixed by ordinance under a pay plan apply uniformly to all employees having similar responsibilities and doing like work. Section 3.07. Appointment, suspension and removal of employees. Be it further enacted, that all employees of the city, except as otherwise provided in this Act, shall be

Page 2548

appointed, promoted, demoted, transferred, suspended and removed by the mayor. During a suspension an employee's salary may be reduced or eliminated, as determined by the mayor. Before suspending for more than thirty days or removing an employee, the mayor shall serve the employee with a written notice of intention to suspend or remove him, containing a clear statement of the grounds for such proposed action and notification that the employee may appeal to the personnel board by filing, within ten days, with the city clerk written notice of his intention to do so. The personnel board shall be composed of three members appointed by the council for three year terms, except that of the first appointees one shall be for a term of one year and one for two years. The personnel board shall elect a chairman from its membership and shall adopt rules governing conduct of its business. The decisions of the personnel board in cases of such appeals by employees shall be final. Section 3.08. Oath of office. Be it further enacted, that before a person takes any office in the city government, he shall take, subscribe to, and file with the city clerk the following oath or affirmation: I solemnly swear (or affirm) that I will support the constitution and will obey the laws of the United States and of the State of Georgia that I will, in all respects, observe the provisions of the charter and ordinances of the city of Cohutta, and that I will faithfully discharge the duties of the office of...... Section 309. Official Bond. Be it further enacted, that the mayor and every officer, agent, and employee of the city having duties embracing the receipt, disbursement, custody, or handling of money, and other officers and employees as may be required by ordinance, shall give a fidelity bond or faithful performance bond, as provided by ordinance, with some surety company authorized to do business in the State of Georgia as surety, in such amount as shall be prescribed by ordinance. All such bonds and sureties thereto shall be subject to approval by the council. The cost

Page 2549

of such bonds shall be paid by the city. All such bonds shall be kept in the custody of the city clerk, except that the city clerk's bond shall be in the custody of the mayor. Section 3.10. Political activity prohibited. Be it further enacted, that no officer or employee of the city, other than the mayor, councilmen and city judge shall continue in the employment of the city after becoming a candidate for nomination or election to any public office. No person shall directly or indirectly give, render, or pay any money, service or other valuable consideration to any person for or on account of or in connection with any test, appointment, proposed appointment, promotion, or proposed promotion to any office or position of the city government. No person shall orally, by letter, or otherwise solicit or be in any manner concerned in soliciting any assessment, subscription or contribution for any political party or political purpose from any officer or employee of the city. An officer or employee of the city, other than the mayor and councilmen, shall not make any contribution to the campaign funds of any candidate in any city election, and shall not take any part in the management, affairs or political campaign of any city election, other than in the exercise of his rights as a citizen to express his opinions and to cast his vote. Any person who by himself or with others willfully or corruptly violates any provision of this section shall be guilty of a misdemeanor and shall upon conviction thereof be punished by a fine of not more than two hundred and fifty dollars ($250.00), or by imprisonment for not more than one year, or by both such fine and imprisonment. Any person who is convicted under this section shall be ineligible to hold any office or position of employment in the city government for a period of five years thereafter, and if he be an officer or employee at the time of conviction shall immediately forfeit and vacate the office or position he holds. Section 3.11. Officers and employees not to profit from connections with city. Be it further enacted, that no officer or employee of the city shall profit personally, directly or indirectly, from any contract, purchase, sale, or service, between the city government and any person or company, nor shall any officer or employee accept any free or preferred

Page 2550

service, benefits of concessions from any person or company, except that free transportation may be provided to policemen and firemen on official duty. ARTICLE IV. FISCAL ADMINISTRATION Section 4.01. Fiscal Year. Be it further enacted, that the fiscal year of the city government shall begin on the first day of January, and end on the 31st day of December next, but another fiscal year may be fixed by ordinance for the entire city government or for any utility. Section 4.02. Mayor to submit annual budget. Be it further enacted, that on or before a date fixed by the council but not later than forty-five days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed budget for the next fiscal year, showing separately for the general fund, each utility, and each other fund the following: (a) revenue and expenditures during the preceding fiscal year, (b) appropriations and estimated revenue and expenditures for the current fiscal year, (c) estimated revenue and recommended expenditures for the next fiscal year, (d) a comparative statement of the assets, liabilities, reserves, and surplus at the end of the current fiscal year, and (e) such other information and data, such as work programs and unit costs, in justification of recommended expenditures, as may be considered necessary by the mayor or requested by the council. The mayor may recommend and estimate additional revenue measures, providing such estimates are separated clearly from normal revenue estimates. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget and such other comments and information as he may deem pertinent. A sufficient number of copies of the mayor's message shall be reproduced to furnish a copy to any person desiring one, and a copy of the budget in full shall be filed with the council and furnished to each councilman.

Page 2551

Section 4.03. Public hearing. Be it further enacted, that after receiving the budget from the mayor, the council shall fix a time and place for a public hearing thereon and shall cause a public notice thereof to be published once in the official city newspaper at least ten days in advance of the date of the hearing. The public hearing shall be held before the council at the stated time and place, and all persons present shall be given an opportunity to be heard. Section 4.04. Action by council on budget. Be it further enacted, that after the public hearing and before the beginning of the ensuing fiscal year the council shall adopt an appropriation ordinance, based on the mayor's budget with such modifications as the council considers necessary or desirable. Appropriations need not be in more detail than a lump sum for each department and agency. The council shall not make any appropriations in excess of estimated revenue, except to provide for an actual emergency threatening the health, property or lives of the inhabitants of the city; providing the council unanimously agrees that there is such an emergency. If emergency conditions prevent the adoption of an appropriation ordinance before the beginning of the new fiscal year, the appropriations for the last fiscal year shall become the appropriations for the new fiscal year, subject to amendment as provided in this section. Amendments may be made to the original appropriation ordinance at any time during a current fiscal year after a public hearing before the council on five days notice published once in the official city newspaper, provided that increased appropriations may be made only after the mayor has certified in writing that a sufficient amount of unappropriated revenue will be available, except for emergency appropriations as provided above. Any portion of an annual appropriation remaining unexpended and unencumbered at the close of a fiscal year shall lapse and be credited to the general fund, except that any balance remaining in any other fund at the end of a fiscal year may remain to the credit of that fund and be subject to further appropriation. That at the end of each month the mayor shall submit a detailed budget report to the council, showing estimated and actual receipts and expenditures or encumbrances for that month and the fiscal year to the end of that month,

Page 2552

as well as the amount encumbered or expended in excess of any of the itemized estimates of expenditures supporting the appropriations. Section 4.05. Allotments. Be it further enacted, that the mayor shall have authority to make periodic allotments of appropriated funds, and no contracts or purchases, except those made by the council, may be made in excess of the amount allotted by the mayor for any allotment period. In no event may contracts or purchases be made in excess of appropriations. Any expenditures except for salaries and wages may be reduced or eliminated through such allotment control. Section 4.06. Centralized purchasing. Be it further enacted, that all contracts and purchases, except those that may be reserved to the council by ordinance, shall be made by the city purchasing agent, who shall be the mayor or an employee appointed by him. Any expenditure or contract for more than five hundred dollars ($500.00) shall be made only after publication, advertisement and competition by sealed bids, as prescribed by ordinance and an award shall be made to the lowest and best bidder; provided that bids need not be required for professional services or for services for which the rates or prices are regulated by public authority. Competition by bids shall not be required for the purchase of equipment, materials or supplies from any other governmental agency. Section 4.07. Sale of city property. Be it further enacted, that the mayor with the approval of the council may sell any city property which is obsolete, surplus or unusable, if the proceeds do not exceed five hundred dollars ($500.00), without taking bids, but sealed bids shall be taken or a public auction shall be held for any sale producing more than five hundred dollars ($500.00); provided that any sale for more than one thousand dollars ($1,000.00) or any sale of real estate shall be subject to approval by the council. Section 4.08. Annual audit. Be it further enacted, that the council shall employ a certified public accountant to make an annual audit of all financial books and records of

Page 2553

the city. The accountant shall file his report with the council, at a time agreed to between him and the council, and shall prepare a summary of the report which shall be published once in the official city newspaper. Section 4.09. Property taxes. Be it further enacted, that all property subject to taxation for state or county purposes, including the capital stock of merchants and public service companies, assessed as of January 10 in each year, shall be subject to the property tax levied by the city. The council shall use one hundred percent (100%) of the county assessment. Section 4.10. Tax levy. Be it further enacted, that the council shall make a tax levy not exceeding that allowed by law, expressed as a fixed rate per one hundred dollars ($100.00), of assessed valuation, and if no tax levy is made within ninety days prior to the tax due date, or within ninety days prior to the due date of a second installment if two installments are authorized by ordinance, the property tax rate in effect the last fiscal year shall continue in effect as the tax rate for the new fiscal year. Section 4.11. Tax due dates and tax bills. Be it further enacted, that the due dates of property taxes shall be fixed by ordinance and provision may be made for equal semiannual installments. The city shall send tax bills to taxpayers, showing the assessed valuations, amounts of taxes due, tax due dates, and information as to delinquency dates and penalties. Failure to send tax bills shall not, however, invalidate any tax. Property taxes shall become a delinquent thirty days after a due date, at which time a penalty of five percent (5%) shall be added and thereafter such taxes shall be subject to interest at the rate of one-half of one percent ( of 1%) for each month or fraction thereof until paid. On and after the date when such taxes become delinquent, the tax records of the city shall have the force and effect of a judgment of a court of record. Section 4.12. Collection of delinquent taxes. Be it further enacted, that the council may provide by ordinance for the collection of delinquent taxes by distress warrants

Page 2554

issued by the mayor for the sale of goods and chattels to be executed by any police officer of the city under the laws governing execution of such process from a justice of the peace, or by the county trustee as provided by general law, or by the city attorney, acting in accordance with general laws providing for the collection of delinquent city and/or county taxes, or by any two or more of the foregoing methods, and by the use of any available legal processes and remedies. A lien shall exist against all property on which city property taxes are levied, as of the assessment date of January 10 of each year, which shall be superior to all other liens except that it shall have equal dignity with those for Federal, state or county taxes. Section 4.13. Special assessments. Be it further enacted, that the city may assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, sewers, or other utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates (after the due date of each installment if paid on an installment basis), shall thereupon be subject to a penalty of five percent (5%), and shall thereafter be subject to interest at the rate of one half of one percent (1/2 of 1%) for each month or fraction thereof until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided in this article for city property taxes. Section 4.14. Disbursements by checks. Be it further enacted, that all disbursements shall be made by checks signed by the city clerk and counter-signed by the mayor. Section 4.15. Official depository. Be it further enacted, that the council shall designated an official depository or depositories for deposit and safekeeping of the funds of the city, and may require such collateral security as it deems necessary.

Page 2555

ARTICLE V. MISCELLANEOUS Section 501. Restrictions on actions for damages against city. Be it further enacted, that no action shall be maintained against the city for damages unless a written statement by the claimant or by his agent, attorney or representative, setting forth the basis for his claim, shall have been filed with the mayor within sixty days after such cause of action shall have occurred, except that when the claimant is an infant or non compos mentis , or an injured person dies within sixty days, the time limit for filing a claim shall be one hundred and twenty days. No officer or employee of the city may waive this requirement. Section 5.02. General laws may be used. Be it further enacted, that the council in its discretion may elect to use the provisions of any general laws of the State in addition to or instead of the provisions of this Act. Section 5.03. Penalties. Be it further enacted, that the violation of any provision of this Act, for which a penalty is not specifically provided herein, is hereby declared to be a misdemeanor and shall be punished by a fine of not more than fifty dollars ($50.00), or by imprisonment not to exceed one year, or by both such fine and imprisonment. Section 5.04. Severability. Be it further enacted, that if any article, section, sub-section, paragraph, sentence, or part thereof, of this Act shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this Act unless it clearly appears that such other parts are wholly and necessarily dependent upon the part of parts held to be invalid or unconstitutional, it being the legislative intent in enacting this Act that each article, section, sub-section, paragraph, sentence, or part thereof, be enacted separately and independently of each other. Section 5.05. First Election for Mayor and Councilmen. In the event this Act is approved at the referendum election provided for in section 5.05, then the first election for mayor and councilmen of the City of Cohutta shall be held

Page 2556

on June 25, 1969. The ordinary of Whitfield County shall call and conduct said election, and only those qualified electors of Whitfield County who have resided within the corporate limits of the City of Cohutta, as defined in section 1.03, for at least six months immediately preceding the date of said election shall be entitled to vote at said election. The ordinary shall conduct said election at the same hours for holding general elections and shall designate the polling place or places at the time he issues the call for said election and shall conduct said election in accordance with the election laws of this State except as otherwise provided herein. Any qualified elector of Whitfield County who has resided anywhere within the corporate limits of the City of Cohutta at least six months immediately preceding the date of said election and who is at least 21 years of age may be qualified as a candidate for mayor or councilman by submitting to the ordinary a notice of candidacy at least 15 days prior to the date of said election. At said election, each elector shall be entitled to vote for one candidate for mayor and five candidates for councilman. The candidates for mayor receiving the highest number of votes and the two candidates for councilman receiving the highest number of votes shall be elected and shall take office on July 1, 1969, for terms to expire on the first Monday in January, 1973. The two candidates for councilman receiving the next highest number of votes shall be elected and shall take office on July 1, 1969, for terms to expire on the first Monday in January, 1971. The mayor and councilmen shall hold office until their successors are elected and qualified. Successors to the first mayor and councilmen shall be elected in accordance with the provisions of section 2.02. Section 5.06. Referendum. Not less than thirty nor more than forty-five days after the date of approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Whitfield County to issue the call for an election for the purpose of submitting this Act to the voters of Whitfield County residing within the proposed corporate limits of the City of Cohutta, as defined in section 1.03 of this Act, for approval or rejection. The ordinary shall set the date of such election for a day not less than fifteen nor more than thirty days after the date of the

Page 2557

issuance of the call. The ordinary 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: For approval of the Act incorporating the City of Cohutta in the County of Whitfield and providing a charter for said city. Against approval of the Act incorporating the City of Cohutta in the County of Whitfield and providing a charter for said city. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Whitfield County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result thereof to the Secretary of State. Section 5.07. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5.08. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Certificate as to Minimum Standards for Original Incorporation of a Municipality Pursuant to the provisions of section 5 of an Act providing certain minimum standards prerequisite to the original incorporation of a municipality, approved April 2, 1963 (Ga. L. 1963, p. 251), as amended, this is to certify that the

Page 2558

minimum standards as set out and required by said Act do exist as to the area embraced within the corporate limits of the City of Cohutta as set forth in the proposed charter of said city. /s/ Virgil T. Smith Representative, 3rd District Author /s/ Jack H. Cole Representative, 3rd District Author /s/ Gerald H. Leonard Representative, 3rd District Author Sworn to and subscribed before me this 26th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Georgia, Whitfield County. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to create and incorporate the town of Cohutta in Whitfield County, Georgia; described the corporate limits; provide for municipal government, provide for municipal officials, their election or appointment, term of office, salary and duties; to provide for taxation of property, to provide for a referendum; and for other purposes.

Page 2559

This 16 day of January, 1969. /s/ Virgil T. Smith Representative, 3rd District, Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Virgil T. Smith who, on oath, deposes and says that he is Representative from the 3rd District, and that the attached copy of notice of intention to introduce local legislation was published in The Daily Citizen-News which is the official organ of Whitfield County, on the following dates: January 17, 24, and 31, 1969. Virgil T. Smith Representative, 3rd District Sworn to and subscribed before me, this 26th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 10, 1969. COLQUITT COUNTY BOARD OF EDUCATION CREATEDREFERENDUM. No. 238 (House Bill No. 657). An Act to create a new board of education of Colquitt County; to provide for a chairman and other members of said board; to provide for education districts and certain education posts; to provide that the governing authorities

Page 2560

of Colquitt County and the City of Moultrie shall appoint the first chairman and members of said board; to provide for the election of the chairman and members of said board and for their terms of office; to provide for the filling of vacancies; to provide that said board shall continue to appoint the county school superintendent to serve at the pleasure of the board; to provide for all matters relative to the foregoing; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created a new Board of Education of Colquitt County which shall be composed of a chairman and eight other members from the education districts provided for in section 2 of this Act. Each member shall be a resident of the education district he represents but shall be elected by the voters of the entire county. All members shall be registered electors entitled to vote for members of the General Assembly of Georgia and shall have resided within Colquitt County for at least one year immediately preceding the date of their election and within the education district which they represent at least six months immediately preceding the date of their election. Created, members, etc. Section 2. (a) For the purpose of electing the chairman and other members of the Board of Education of Colquitt County, there shall be six education districts as follows: Education District 1 shall consist of Colquitt County. Education District 2 shall consist of that portion of Colquitt County lying within the corporate limits of the City of Moultrie. Education districts. Education District 3 shall consist of that portion of Colquitt County lying without the corporate limits of the City of Moultrie more particularly described as follows: Beginning at a point where the centerline of Georgia Highway No. 33 intersects the corporate limits of the City of Moultrie; thence northwesterly along said centerline of said Georgia

Page 2561

Highway No. 33 to a point where said centerline intersects the territorial boundary line of Colquitt County; thence easterly along said territorial boundary line of Colquitt County to a point that is the northeast territorial limit of Colquitt County; thence southerly along said territorial boundary line of Colquitt County to a point where said boundary line intersects the centerline of Georgia Highway No. 37; thence westerly along said centerline of said Georgia Highway No. 37 to a point where said centerline intersects the corporate limits of the City of Moultrie; thence northerly and then westerly along said corporate limits of the City of Moultrie to the point of beginning. Education District 4 shall consist of that portion of Colquitt County lying without the corporate limits of the City of Moultrie more particularly described as follows: Beginning at a point where the centerline of Georgia Highway No. 37 intersects the corporate limits of the City of Moultrie; thence easterly along said centerline of said Georgia Highway No. 37 to a point where said centerline intersects the territorial boundary line of Colquitt County; thence southerly along said territorial boundary line of Colquitt County to a point that is the southeast territorial limit of Colquitt County; thence westerly along said territorial boundary line of Colquitt County to a point where said boundary line intersects the centerline of U. S. Highway No. 319 (Georgia Highway No. 35); thence northeasterly along the centerline of said U. S. Highway No. 319 (Georgia Highway No. 35) to a point where said centerline intersects the corporate limits of the City of Moultrie; thence following the meanderings of said corporate limits of the City of Moultrie and along said corporate limits to the point of beginning. Education District 5 shall consist of that portion of Colquitt County lying within the corporate limits of the Town of Riverside and also that portion of Colquitt County lying without the corporate limits of the City of Moultrie more particularly described as follows: Beginning at a point where the centerline of U. S. Highway No. 319 (Georgia Highway No. 35) intersects the corporate limits of the City of Moultrie; thence southerly and then southwesterly along

Page 2562

said centerline of said U. S. Highway No. 319 (Georgia Highway No. 35) to a point where said centerline intersects the territorial boundary line of Colquitt County; thence westerly along said territorial boundary line of Colquitt County to a point that is the southwest territorial limit of Colquitt County; thence northerly along said territorial boundary line of Colquitt County to a point where said boundary line intersects the centerline of Georgia Highway No. 37; thence easterly along said centerline of said Georgia Highway No. 37 to a point where said centerline intersects the corporate limits of the City of Moultrie; thence following the meanderings of said corporate limits of the City of Moultrie and along said corporate limits to the point of beginning. Education District 6 shall consist of that portion of Colquitt County lying without the corporate limits of the City of Moultrie more particularly described as follows: Beginning at a point where the centerline of Georgia Highway No. 37 intersects the corporate limits of the City of Moultrie; thence westerly along said centerline of said Georgia Highway No. 37 to a point where said centerline intersects the territorial boundary line of Colquitt County, thence northerly along said territorial boundary line of Colquitt County to a point that is the northwest territorial limit of Colquitt County; thence easterly along said territorial boundary line of Colquitt County to a point where said boundary line intersects the centerline of Georgia Highway No. 33; thence southheasterly along said centerline of said Georgia Highway No. 33 to a point where said centerline intersects the corporate limits of the City of Moultrie; thence following the meanderings of said corporate limits of the City of Moultrie and along said corporate limits to the point of beginning. (b) The member from Education District 1 shall be the Chairman of the Board of Education of Colquitt County. There shall be four members of the Board of Education of Colquitt County from Education District 2, and there shall be four posts for said District to be designated Post 1, Post 2, Post 3 and Post 4. All candidates from Education District 2 shall designate the post for which they are offering. There

Page 2563

shall be one member of the Board of Education of Colquitt County from Education District 3, one from Education District 4, one from Education District 5 and one from Education District 6. Section 3. (a) The first chairman and other members of the Board of Education of Colquitt County created by this Act shall be appointed by the governing authorities of Colquitt County and the City of Moultrie as hereinafter provided. (1) Before the other members of the Board are appointed, the chairman (Education District 1) shall be appointed jointly by the governing authority of Colquitt County and the governing authority of the City of Moultrie. First members, etc. (2) The four members from Education District 2 shall be appointed by the governing authority of the City of Moultrie, and, in making said appointments, said governing authority shall designate a member for each of the posts of said District. (3) The four members from Education Districts 3, 4, 5 and 6 shall be appointed by the governing authority of Colquitt County. (b) The governing authorities of Colquitt County and the City of Moultrie shall appoint the chairman and other members of said Board, as provided in subsection (a) of this section, within 60 days after this Act becomes of full force and effect as provided in section 8 of this Act. The terms of office of the chairman and all other members so appointed shall expire on December 31, 1970, and they shall be succeeded by an elected chairman and other members as provided in section 4 of this Act. Section 4. At the general election held in November, 1970, the successors to the appointive chairman and other members of the Board of Education of Colquitt County shall be elected for terms as hereinafter provided. The chairman (Education District 1) and the two members elected from Education District 2, Posts 1 and 2, and the

Page 2564

two members elected from Education Districts 3 and 4 shall be elected for terms of four years and until their successors are elected and qualified. The two members from Education District 2, Posts 3 and 4, and the two members from Education Districts 4 and 5 shall be elected for initial terms of two years and until their successors are elected and qualified. The chairman and all other members elected at said general election held in November, 1970, shall take office on January 1, 1971. Thereafter, the chairman and all other members shall be elected at the general election immediately preceding the expiration of their respective terms of office for terms of four years and until their successors are elected and qualifed and shall take office on the first day of January immediately following their election. The chairman and any member of the Board shall be eligible to succeed himself as chairman or as a member of the Board. Successor members. Section 5. In the event a vacancy occurs on the Board for any reason other than expiration of term of office, the remaining members of the Board shall elect a person from the district in which the vacancy occurs and such person shall serve for the unexpired term. In the event a member moves his residence from the district he represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled. In the event a vacancy occurs in the office of the Chairman of the Board, the remaining members shall elect one of their number to serve as chairman for the unexpired term. The vacancy created on the Board by the election of one of the members thereof to serve as chairman shall also be filled in the same manner as other vacancies are filled. Vacancies. Section 6. The Board of Education of Colquitt County in existence at the time this Act becomes of full force and effect shall continue to exist unitl January 1, 1970, at which time the Board created by this Act and appointed as provided in section 3 of this Act shall commence functioning. At such time, the terms of office of all members of said existing Board shall expire and said existing Board shall stand abolished. The Board of Education of Colquitt County created herein shall be the successor to such abolished Board and shall be subject to all constitutional and statutory

Page 2565

provisions relating to county boards of education except as otherwise provided herein. Effective date. Section 7. The Board of Education of Colquitt County created herein shall continue to appoint the County School Superintendent who shall serve at the pleasure of the Board. The County School Superintendent appointed by the Board shall be subject to all constitutional and statutory provisions relating to county school superintendents except as otherwise provided herein. Superintendent. Section 8. Not less than 15 nor more than 30 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law without his approval, it shall be the duty of the ordinary of Colquitt County to issue the call for an election for the purpose of submitting this Act to the voters of Colquitt County for approval or rejection. The ordinary shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The ordinary 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 Colquitt County. The ballot shall have written or printed thereon the words: For approval of the Act creating a new board of education of Colquitt County to be composed of a chairman and eight other members and providing for the initial appointment and subsequent election of said chairman and other members of said Board. Referendum. Against approval of the Act creating a new board of education of Colquitt County to be composed of a chairman and eight other members and providing for the initial appointment and subsequent election of said chairman and other members of said Board. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise

Page 2566

it shall be void and of no force and effect. It shall be the duty of the Ordinary to hold and conduct election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. The expense of the election shall be borne by Colquitt County. Section 9. This Act shall become effective on the date of the approval of this Act by the Governor or on the date it otherwise becomes law without his approval. Effective date. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Bill. Notice is hereby given of intention to apply for passage at the 1969 regular session of the General Assembly of Georgia of a local bill to change the number of members of the Colquitt County board of education, to provide for their manner of selection, residence requirements, term of office, method of filling vacancies, to provide for a referendum submitting such bill to the qualified voters of the school district for approval or rejection, and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Billy Fallin who, on oath, deposes and says that he is Representative from the 63rd District, and that the attached copy of notice of intention to introduce local legislation was published in The Moultrie Observer which is the official organ of Crawford County, on the following dates: January 17, 24, 31, 1969. /s/ Billy Fallin Representative, 63rd District.

Page 2567

Sworn to and subscribed before me, this 26th day of February, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved April 10, 1969. DEKALB COUNTY COLISEUM AUTHORITY. No. 239 (House Bill No. 699). An Act to create the DeKalb County Coliseum Authority; to provide for a short title; to provide for the membership of said Authority and for terms of office; to provide for the election of officers; to provide for definitions; to provide for the powers of said Authority; to provide for the issuance of revenue bonds and for the procedures and requirements in connection therewith; to provide for certain exemptions from taxation; to provide for certain conditions precedent to the issuance of revenue bonds and for the object of issuance; to provide that the issuance of revenue bonds shall not be deemed to constitute a debt against and city or county of this State; to provide for trust indentures as security for such bonds; to provide to whom the proceeds of such bonds shall be paid; to provide for a sinking fund; to provide certain remedies of bondholders; to provide for refunding bonds; to provide for venue and jurisdiction to protect or enforce rights; to provide for the validation of bonds; to provide for the protection of the interests of bondholders; to provide that monies received shall be considered trust funds; to provide for the purposes of the Authority; to provide for certain rates, fees, tolls and charges; to provide for the exemption of properties of the Authority from taxation; to authorize the Authority to prescribe certain rules and regulations; to authorize DeKalb County to expend public funds, not to exceed a certain amount, for organizational

Page 2568

expenses of the Authority and for a feasibility study; to provide that powers granted by this Act shall be deemed supplemental to powers conferred by other laws; to provide for the effect of the partial invalidity of this Act; to provide for all procedures, requirements and other matters connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act shall be known and may be cited as the Dekalb County Coliseum Authority Act. Short Title. Section 2. DeKalb County Coliseum Authority. (a) There is hereby created a body corporate and politic to be known as the DeKalb County Coliseum Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. The Authority shall consist of five (5) members. (b) The original members of the Authority and their initial terms of office shall be as follows: Mr. Alfred J. Ciraldo for a one (1) year term; Mr. Dan E. McConaughey for a two (2) year term; Mr. William W. Lively for a three (3) year term; Mr. Samuel L. Buttrill for a four (4) year term; Mr. Jack L. Mathis for a five (5) year term. The initial terms of office shall extend from the organizational meeting of the Authority in 1969 until its annual meetings in 1970, 1971, 1972, 1973 and 1974, respectively, for the one, two, three, four and five year terms of office. All subsequent terms of office shall be for five (5) years. All vacancies in the membership of the Authority, whether caused by expiration of term of office, death, resignation, or otherwise, shall be filled by a majority vote of the governing authority of DeKalb County. Any member of the Authority may be elected to succeed himself. All members,

Page 2569

duly appointed, shall hold office until his or her successor shall be appointed and duly qualified. Any person, appointed to fill an unexpired term, shall serve only for the unexpired portion of the term of the person he or she replaced unless he or she thereafter shall be elected to a full 5 year term by the governing authority of DeKalb County. (c) The Authority shall elect one of its members as chairman and another member as vice-chairman, both of whom shall be elected for a term of one (1) year, the first chairman and vice-chairman to serve from the organizational meeting of the Authority in 1969 until the annual meeting in 1970, or until their successors are elected and qualified. Subsequent chairmen and vice-chairmen shall be elected at the annual meeting of the Authority and shall serve from the time of such election until the annual meeting in the next succeeding year, of until their successors are elected and qualified. It shall also elect a secretary and treasurer who does not necessarily have to be a member of the Authority and, if not a member, he or she shall have no voting rights and shall be elected to serve for such term as may be determined by the Authority. If a member of the Authority is elected to serve as secretary and treasurer, he or she shall be elected in the same manner and for the same term as the chairman and vice-chairman. No member of the Authority shall hold more than one office except that of secretary and treasurer. Three (3) members of the Authority eligible to vote shall constitute a quorum. It shall require the concurrence of at least three members of the Authority to exercise any of the rights of and to perform any of the duties of the Authority. No vacancy on the Authority shall impair the right of the quorum to Act. The members of the Authority shall serve without compensation except that they shall be reimbursed for actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings:

Page 2570

(a) The word Authority shall mean the DeKalb County Coliseum Authority created in section 2 of this Act. (b) The word project shall be deemed to mean and include a coliseum for athletic, sporting, cultural, religious, political, musical, educational, and other events, and the usual facilities related thereto, including, without limitation, refreshment stands and restaurants and facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods of all kinds, whether operated or purveyed directly, or indirectly through concessions, licenses, leases or otherwise, parking facilities or parking areas in connection therewith, and extensions and improvements of such facilities, and acquiring the necessary property therefor, both real and personal, deemed by the Authority to be necessary, convenient or desirable. All of the properties and facilities comprehended by the next preceding need not necessarily comprise one project but might comprise two or more separate projects which relate to the coliseum as described. (c) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of preparing the land, including the installation of storm and sanitary sewers, the cost of all machinery, equipment and furnishings related to the operation of any project, financing charges, interest prior to and during construction and for six (6) months after completion of construction, cost of engineering, architectural, fiscal and legal expenses, 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, and start-up costs incurred in placing any project in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the Authority, including the proceeds of any revenue bonds issued under the provisions of this Act for any such project or projects.

Page 2571

(d) The terms revenue bonds, bonds, and obligations as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Law (Ga. L. 1937, p. 761 et seq.), as now or hereafter amended, and such type of obligations as may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto; and, in addition, shall also mean obligations of the Authority, the issuance of which are hereinafter authorized in this Act. (e) Any project shall be deemed self-liquidating if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased and sold in connection therewith will be sufficient to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 4. Powers. The Authority shall have powers: (a) To have a seal and alter the same at pleasure; (b) To acquire by gift, purchase, lease or otherwise, and to hold, to lease to or sell to any persons, firms or corporations, whether public or private, and to dispose of, real and personal property of every kind and character for its corporate purposes. (c) To appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (d) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects, contracts with respect to the use of projects which it causes to be erected or acquired or contracts for managerial and operating services, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, and any and all persons, firms and corporations, all cities, towns and counties, and any and all political subdivisions,

Page 2572

departments, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; (e) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, furnish, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the Authority or from such proceeds or other funds made available to the Authority; (f) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality, may impose; (g) To accept loans and/or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (h) To borrow money for any of its corporate purposes, including operating deficits, and to execute evidences of such indebtedness, secured or unsecured, upon such terms and conditions as the Authority shall deem desirable; (i) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; (j) The Authority and any trustee acting under any trust indenture, are specifically authorized from time to time to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the Authority was created, except as such right and power may be limited as provided in Section 18 hereof;

Page 2573

(k) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 4A. No alcoholic beverages may be sold upon the premises of the Authority unless the sale of such beverages within the confines of DeKalb County has been authorized pursuant to the applicable provisions of law. Alcoholic beverages. Section 5. Revenue Bonds. The Authority, or any authority or body which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost, as herein defined, of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law as now or hereafter amended, shall be payable semiannually, shall mature at such time or times not exceeding forty (40) years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law, as now or hereafter amended, and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto. Section 6. Same; Form; Denominations; Registration; Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal

Page 2574

and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Section 7. Same; Signatures; Seal. All such bonds shall bear the manual or facsimile signature of the chairman or vice-chairman of the Authority, which shall be attested to by the secretary and treasurer of the Authority and the official seal of the Authority shall be affixed thereto. Any coupons attached thereto shall bear the facsimile signature of the secretary and treasurer of the Authority. In case any officer whose manual or facsimile signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. Section 8. Same; Negotiability; Exemption from Taxation. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of the State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State. Section 9. Same; Sale; Price. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority, but no such sale shall be made at a price less than par as provided in the Revenue Bond Law, unless said Revenue Bond Law be hereafter amended to permit the sale of such bonds at less than par in which case the sale of bonds by the Authority at less than par shall be permitted. Section 10. Same; Proceeds of Bonds. The proceeds of such bonds shall be used solely for the payment of the cost of project or projects, and unless othewise provided in the

Page 2575

resolution authorizing the issuance of the bonds or in any trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit, which, unless otherwise provided in the resolution authorizing the issuance of the bonds or in any trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into such funds as may be provided in the resolution authorizing the issuance of the bonds or in any trust indenture. Section 11. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. Section 12. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 13. Same; Conditions Precedent to Issuance; Object of Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of the quorum as in this Act provided. Section 14. Same; Credit not Pledged. Obligations of the Authority issued under the provisions of this Act shall

Page 2576

not be deemed to constitute a debt of any city or county in the State of Georgia, but such obligations shall be payable solely from the fund hereinafter provided for and the issuance of such obligations shall not directly, indirectly or contingently obligate any city or county in said State to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such obligations shall contain recitals covering substantially the foregoing provisions of this section. Section 15. Same; Trust Indenture as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the sale, from time to time, of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the property, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State

Page 2577

to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 16. Same; To Whom Proceeds of Bonds Shall be Paid. The Authority shall, in the resolution providing for the issuance of revenue bonds, or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 17. Same; Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such revenues, fees, tolls and earnings were produced by a particular project for which bonds have been issued and any monies derived from the sale of any properties, both real and personal, of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of bonds or the trust indenture may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue

Page 2578

bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agent or agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. 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 any trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in any trust indenture, surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Section 18. Same; Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by any trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia including those 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 and other charges for the use of the facilities and services furnished. Section 19. Same; Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest and redemption premium, if any, thereon. The

Page 2579

issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 20. Same; Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of DeKalb County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court, which shall have exclusive, original jurisdiction of such actions. Section 21. Same; Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as now or hereafter amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision or instrumentality of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to be sued, which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and against any municipality, county, authority, subdivision or instrumentality of the State of Georgia or the United States Government, if a party to the validation proceedings, contracting with the said DeKalb County Coliseum Authority. Section 22. Same; Interest of Bondholders Protected. While any of the bonds issued by the Authority remain

Page 2580

outstanding, the powers, duties or existence of said Authority, or of its officers, employees or agents, shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which, through the construction or acquisition of facilities in DeKalb County similar to those of the Authority, will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds. The provisions of this Act shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 23. Monies received considered trust funds. All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 24. Purpose of the Authority. Without limiting the generality of any provisions of this Act, the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining and operating a coliseum for athletic, sporting, cultural, religious, political, musical, educational and other events; the usual facilities related thereto, including, without limitation, refreshment stands and restaurants, and facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods of all kinds, whether operated or purveyed directly, or indirectly through concessions, licenses, leases or otherwise, and parking facilities or parking area in connection therewith; the extension and improvement of such facilities; acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, to any person, firms or corporations whether public or private, and to do any and all things deemed by the Authority necessary, convenient and desirable for and incidental

Page 2581

to the efficient and proper development and operation of such coliseum. Section 25. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls and charges, and to revise from time to time and collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, licenses, concessions or subleases of its lands or facilities, or contracts for the use of its land and facilities, and to determine the price and terms at and under which its lands or facilities may be sold, and, in anticipation of the collection of the revenues and income of such undertakings or projects, is authorized to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto, thereafter made or the sale of any of its lands and facilities. Section 26. Properties Exempt from Taxation. The properties of the Authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the State of Georgia, and not for purposes of private or corporate benefit and income, and such properties and the Authority shall be exempt from all taxes and special assessments of any city, county, or the State or any political subdivision thereof; provided, however, that this Section shall not prohibit, inhibit or be inconsistent with the leasing or use of Authority properties by private persons, corporate or individual, when in the sole judgment of the Authority the general public purposes of the Authority will be furthered or supported by such a lease or use of its property. The tax exemption herein provided shall not include any exemption from sales and use tax on property purchased by the Authority or for use by the Authority. Section 27. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe

Page 2582

rules and regulations for the operation of the project or projects constructed under the provisions of this Act. Section 28. Organizational Expenses; Feasibility Study. DeKalb County is hereby authorized to expend public funds, not to exceed the total amount of $20,000, derived from any lawful source to defray the organizational expenses of the Authority and to finance the cost of a feasibility study with respect to the undertaking authorized by this Act to develop and promote recreation facilities within said county. Section 29. The governing authority of DeKalb County is authorized to appropriate to the Authority the proceeds derived from any excise tax collected by DeKalb County upon charges for admissions to events occurring upon the premises owned by the Authority. Excise tax funds. Section 30. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 31. Effect of Partial Invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held invalid or unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. The General Assembly hereby declares that it would have passed the remaining provisions of this Act if it had known that such provision or provisions as hereafter might be held invalid or unconstitutional would be so held invalid or unconstitutional. Section 32. Effective Date. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval.

Page 2583

Section 33. Repeal. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to create the DeKalb County Coliseum Authority; to provide for the powers and duties of such Authority; to provide methods of financing authorized undertakings by the issuance of revenue bonds and otherwise; to authorize the Authority to own, operate, maintain, sell and lease property and facilities, to contract, to use and be sued, to borrow money and pledge its assets; to collect and disburse money; to own and operate recreational facilities and to do all things necessary or incidental thereto; to have all the rights and privileges of corporations generally and to be a body politic; and for other purposes. This 13th day of January 1969. J. Higginbotham Representative, 75th District Frank G. Miller Senator, 43rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Higginbotham who, on oath, deposes and says that he is Representative from the 75th District, and that the attached copy of notice of intention to introduce local legislation was published in the DeKalb New Era which is the official organ of DeKalb County, on the following dates: January 16, January 23, and January 30, 1969. Joe Higginbotham Representative, 75 District

Page 2584

Sworn to and subscribed before me, this 18th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 10, 1969. GARDEN CITYCORPORATE LIMITS, ETC., REFERENDUM. No. 240 (House Bill No. 737). An Act to amend an Act creating a charter for the municipality of Garden City, approved March 24, 1941 (Ga. L. 1941, p. 1461), as amended, so as to extend the present corporate limits of said municipality; to provide for a referendum; to provide for an effective date; to provide for purchase or condemnation of sewer facilities and water systems; to provide for fees for city services furnished to the area annexed; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a charter for the municipality of Garden City, approved March 24, 1941 (Ga. L. 1941, p. 1461), as amended, is hereby amended by adding thereto a new section, to be designated as Section 1A, to read as follows: Section 1A. (a) From and after the passage of this Act and in conformity with the results of a referendum election hereinafter called, the corporate limits of Garden City shall include the present corporate limits of said City and shall include the following described property which is now adjacent to the present city limits and boundaries of Garden City, to-wit: Corporate limits.

Page 2585

All that certain tract of land situate, lying and being in Chatham County, Georgia, described as follows: Beginning at a point at the southwesternmost corner of the existing corporate limits of Garden City, Georgia, said beginning point being located at a point where the eastern right of way line of the Seaboard Coast Line Railroad intersects the northwest right of way line of U. S. Highway 80; thence following the present corporate limits in a northeasterly direction along the northwest right of way line of U. S. Highway 80 to a point where the present corporate limits intersects the eastern right of way line of U. S. Highway 17; thence in a southeasterly direction along the eastern right of way line of U. S. Highway 17 to a point where said right of way line intersects the existing corporate limits of the City of Savannah; thence following the existing corporate limits of the City of Savannah in a northwesterly direction for a distance of approximately 600 feet, more or less, to a point where said corporate limits of the City of Savannah intersects the southeast right of way line of U. S. Highway 80; thence in a southwesterly and northwesterly direction along the southeastern and southern right of way line of U. S. Highway 80 for a distance of 9,800 feet, more or less, to a point where the eastern boundary line of Lot Number Sixteen (16), Sharon Park Subdivision, intersects the said southern right of way line of U. S. Highway 80; thence running along the eastern boundary line of said Lot Number Sixteen (16), Sharon Park Subdivision, in a southwesterly direction for a distance of 594.3 feet to the rear of said lot line; thence continuing in a northwesterly direction along the rear lot line of Sharon Park Subdivision for a distance of 1,905.3 feet, more or less, to a point located on the southeast right of way line of Cresthill Avenue; thence in a southwesterly direction along the southeastern right of way line of Cresthill Avenue for a distance of 141.4 feet to a point where said right of way intersects the southern right of way line of Woodlawn Avenue; thence in a northwesterly direction along the southern right of way line of Woodlawn Avenue a distance of 40 feet to a point where the southeastern boundary line of Lot Number Nineteen (19), Woodlawn Terrace Subdivision Annex No. 1, intersects the said southern right of way line of Woodlawn Avenue;

Page 2586

thence along the southeast boundary line of Lot Number Nineteen (19), Woodlawn Terrace Subdivision Annex No. 1 for a distance of 200.3 feet to the rear lot line of said Lot Number Nineteen (19); thence in a northwesterly direction along the rear lot line of Woodlawn Terrace Subdivision Annex No. 1 for a distance of 1926.8 feet, more or less, to a point located on the southwest corner of Lot Number Thirty-two (32), Woodlawn Terrace Subdivision Annex No. 1; thence in a northeasterly direction along the northwestern boundary line of Woodlawn Terrace Subdivision Annex No. 1 and Woodlawn Terrace Subdivision for a distance of 873.8 feet, more or less, to where said northwestern boundary line of Woodlawn Terrace Subdivision intersects the southern right of way line of U. S. Highway 80; thence in a northwesterly direction along the southern right of way line of U. S. Highway 80 for a distance of 4,650 feet, more or less, to a point opposite the eastern right of way line of Dean Forrest Road; thence in a northerly direction crossing U. S. Highway 80 and continuing along the eastern right of way line of Dean Forrest Road for a distance of 3,100 feet, more or less, to a point where said eastern right of way line of the Dean Forrest Road intersects the southern right of way line of the Central of Georgia Railroad; thence continuing southeastwardly along the southern right of way line of the Central of Georgia Railroad for a distance of 13,200 feet, more or less, to a point where said southern right of way line of the Central of Georgia Railroad intersects the western right of way line of the Seaboard Coast Line Railroad main line; thence in a southeasterly direction along the western right of way line of the Seaboard Coast Line Railroad for a distance of 220 feet, more or less, to a point on the northwestern right of way line of U.S. Highway 80; thence in a northeasterly direction along the northwestern right of way line of U. S. Highway 80 for a distance of 100 feet, more or less, to the point of beginning, being the southwesternmost corner of the existing corporate limits of Garden City, Georgia, and being the point of beginning. For a more complete description, reference is hereby made to a plat prepared by Hussey Gay, C. E., dated February 6, 1969, entitled `Plans showing area to be annexed by Garden City, Georgia', and recorded

Page 2587

in the office of the clerk of the superior court of Chatham County, Georgia, in plat record book T, folio 62, and which by reference thereto is made a part hereof. (b) A referendum election shall be held on the 2nd day of June, 1969 and it shall be the duty of the ordinary of Chatham County to issue the call for said election by publishing in the newspaper in which the sheriff advertisements are carried a notice to the public giving the date and purpose of said election once a week for two weeks prior to the date of said election for the purpose of submitting subsection (a) of section 1A of this Act to the voters within the present corporate limits of Garden City and to the voters within the proposed area to be annexed hereinbefore described for the purpose of submitting subsection (a) of section 1A of this Act for their approval or rejection. Said election shall be held at the expense of Garden City. The ballot or voting machine used in said election shall be written or printed thereon the words `FOR ANNEXATION' and shall also display the words written or printed `AGAINST ANNEXATION'. All voters desiring to vote in favor of subsection (a) of section 1A of this Act shall vote `For Annexation', and those voters desiring to vote rejection of subsection (a) of section 1A of this Act shall vote `Against Annexation'. The persons qualified to vote in said election shall be those persons residing within the present corporate limits of Garden City and within the area proposed to be annexed, who are qualified to vote for members of the General Assembly. A separate tabulation and consolidation of the votes cast in the present incorporated area of Garden City and in the proposed area to be annexed shall be made. If a majority of the qualified voters voting in said election in the present corporate limits of Garden City and if a majority of the qualified voters voting in the proposed area to be annexed shall vote in favor of annexation, then the proposed area to be annexed shall be annexed. In the event a majority of the qualified voters voting in said election in either the present corporate limits of Garden City or in the proposed area to be annexed shall vote against annexation, then the proposed area to be annexed shall not

Page 2588

be annexed and this Act shall be void and of no force and effect. Referendum. (c) The provisions of subsection (a) of section 1A of this Act shall become effective only upon the approval of the voters in the present corporate limits of Garden City and the proposed area to be annexed as set forth herein and the proper certification thereof has been made to the Secretary of State by the ordinary of Chatham County, Georgia. Effective date. (d) Immediately upon the provisions of subsection (a) of section 1A of this Act becoming effective, the clerk of council of Garden City shall certify and forward to the Secretary of State of Georgia a map made in conformity with the description of the city limits as herein defined, and said map shall be kept on file in the office of the Secretary of State of Georgia. Map. (e) The mayor and councilmen of Garden City shall have full power and authority to purchase in their discretion any sewer facilities and water systems which may have been installed in any area annexed to the corporate limits of Garden City by this Act. In the event that the city should elect to purchase said facilities or systems or any portion thereof, and there is disagreement as to the compensation to be paid for such facilities and system, then the city shall have the authority to acquire said water and sewer systems, or any portion thereof, by condemnation, the method and procedure for the condemnation of such property being the same as now or hereafter provided by the laws of Georgia in condemnation proceedings. Utilities. (f) The governing authority of Garden City is hereby authorized to charge a fee as determined by said governing authority for city services furnished the annexed area as described herein, such services including but not limited to sewerage, water and garbage collection. The fees charged for said services in said annexed area may vary from the charges for the same services in the heretofore existing corporate limits of Garden City, and said governing authority is hereby authorized to establish different charges and

Page 2589

fees for such services in the annexed area and to collect the same under such rules and regulations as it shall establish. Fees. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia Chatham County. Personally appeared before me Gail Sullian to me known, who being by me sworn, deposes and says: That she is the legal clerk of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah News-Press; That said corporation is the publisher of the Savannah Evening Press, a daily newspaper published in said county; That she is authorized to make affidavits of publication on behalf of said publisher corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto and is the newspaper designated and customarily used by the sheriff of Chatham County for the publication of advertisements and by the other officials and official bodies of and in said county for the publication of notices required by law; That she has reviewed the regular editions of the Savannah Evening Press published on Feb. 5, 1969, Feb. 12, 1969, and Feb. 19, 1969, and finds that the following advertisement, to-wit: Notice of Intention to Apply for Local Legislation. Notice is hereby given of the Intention to apply for local legislation at the 1969 Session of the General Assembly of Georgia to change the corporate limits of Garden City,

Page 2590

Georgia and to amend the charter of Garden City relating to fixing, prescribing, and extending the corporate limits of said City; and for other purposes Charles L. Sparkman, Attorney for Garden City, Georgia appeared in each of said editions. Gail Sullivan (Deponent) Sworn to and subscribed before me, this 20 day of Feb., 1969. /s/ Bryce S. Cockerham Notary Public, Chatham County, Georgia. (Seal). Approved April 10, 1969. SEMINOLE COUNTYSMALL CLAIMS COURT CREATED, REFERENDUM. No. 241 (House Bill No. 788). An Act creating and establishing a small claims court for Seminole Couty, Georgia; providing for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of the said small claims court; prescribing the jurisdiction, the pleading, practice and service of process therein; providing for a clerk and prescribing his remuneration; providing for a bailiff and prescribing his duties and his compensation; validating acts and proceedings therein; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 2591

Section 1. (Created, jurisdiction). There is hereby created and established in Seminole County a court known as the small claims court of Seminole County, which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $500.00, said jurisdiction to be concurrent with the jurisdiction of any other court now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Section 2. (Term of judge). The Governor shall appoint a citizen of the county to be judge of said court for a four year term beginning from the time of his appointment. Section 3. (Judge Pro Hac Vice). Whenever the judge of the said small claims court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the superior court of the county or any judge of a city court located in said county, on application of any part or the said judge of the small claims court who is unable to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act. Section 4. (Clerk). Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk, said clerk to be compensated, if at all, from the fees herein authorized. Section 5. (Fees). All fees collected by the judge as herein authorized, shall be retained by him as his sole remuneration. Section 6. (Actions). Actions shall be commenced by the filing of a statement of claim, including the last known

Page 2592

address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. (a) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in the county by any official or person authorized by law to serve process in circuit courts; or by registered mail or certified mail, with return receipt, or by small claims court bailiff; or by any person not a party to or otherwise interested in the suit, especially appointed by the judge for that purpose. (b) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting on the record the date and hour of mailing. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the dependant by registered or certified mail is returned to sender by U. S. postage authorities marked refused, giving the date of refusal, and such notation of refusal is signed or initialed by a U. S. Post Office employee or U. S. mail carrier to whom refusal was made, then the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant. (c) When served by a private individual, as above provided, he shall make proof of service by affadavit, showing the time and place of such service on the defendant. (d) When served as provided, the actual cost of service

Page 2593

shall be taxable as costs. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (e) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount; when the amount is unliquidated, plaintiff shall be required to present proof of his claim. (f) Said notice shall provide the day and hour of the hearing, which shall not be less than five nor more than fifteen days from the date of service of said notice; provided, however, that where service is made by registered mail or certified mail, the date of mailing shall be the date of service. Section 7. (Docket). A docket shall be maintained in which shall be indivated every proceeding and ruling had in each case. Section 8. (Costs). The plaintiff, when he files his claim, shall deposit with the court the sum of five ($5.00) dollars, which shall cover all costs of the proceeding up to and including the rendering of a judgment, except the cost of serving process or notice to defendants; but the deposit of costs in cases attachment, garnishment, trover, statutory foreclosures on personalty and replevin by possessory warrant, shall be seven dollars and fifty cents ($7.50); and in other matters not specifically mentioned here, the costs shall be the same as provided for justices of the peace; and in claim cases and illegalities, instituted by a third party after levy, the costs shall be five dollars ($5.00) to be taxed in the discretion of the court. If a party shall fail to pay accrued costs, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny a litigant the right to proceed further in any case pending. The award of the court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the case at his discretion. Section 9. (Claims). Whenever a claim affidavit and bond is filed by a third party claiming personal property

Page 2594

that has been attached or levied upon under an attachment or execution issued from the small claims court, the levying officer shall forthwith return the same to said court and, unless the claimant (at the time he files his claim affidavit) makes written demand for a jury trial, the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court, and the judge shall be entitled to seven dollars and fifty cents ($7.50) for every such claim case. The same practice and procedure shall apply in cases of illegality affidavits. The plaintiff in attachment or plaintiff in execution may make written demand for a trial by jury within five days after a claim affidavit and bond is filed with the levying officer. The party demanding such trial shall deposit with the court a sum sufficient to defray the expenses of such trial, including the summoning of prospective jurors and jury fees, the amount to be determined by the judge. The costs in such case, including the costs of a jury trial, shall be finally taxed against the party cost in said proceeding. Section 10. (Settlements) (a) On the day set for the hearing, or such latter time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their difference without a trial, he shall proceed with the hearing of the merits. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require.

Page 2595

Section 11. (Setoff). If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part hereof to offset the claim of the plaintiff. Section 12. (Judgments). When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Section 13. (Rules). The judge of the superior court presiding in any such county may from time to time make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein, from time to time, to insure the proper administration of justice and to accomplish the purposes hereof. Section 14. (Bailiffs). The judge of the said small claims court shall have the power to appoint one or more bailiffs of and for said small claims court, to act within and throughout the limits of the county, such bailiffs to serve at the pleasure of the judge and under his discretion, and a person so appointed shall be known and designated as Small Claims Court Bailiff and have the powers and authority, and be subject to the penalties, of all lawful constables of the State of Georgia, including the power to serve any and all processes and writs issued for or by said small claims court,

Page 2596

with power, also, to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in section 24-804 and give the bond prescribed in section 24-811 of the Code of Georgia, and such bailiffs shall be subject to be ruled for failure of duty or malfeasance in office as are other lawful constables of this State. Section 15. (Jury trials). Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice of suit by depositing with the judge or his clerk such sum as the judge may fix as reasonable to secure payment of cost incurred by reason of a jury trial. Unless otherwise demanded such juries shall consist of six persons chosen from twelve veniremen, the plaintiff and defendant having three strikes each. The judge or clerk shall have the power to subpoena jurymen and witnesses. Section 16. (Liens). Judgments of small claim courts shall become a lien on the real estate and personal property of a defendant, situated in any county, from the time of the filing in the office of the clerk of the superior court for said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Section 17. (Appeals). Appeals may be had from judgments returned in the small claims court, to the superior court, and the same provisions now provided for by the law for appeals from courts of ordinary to the superior court, shall be applicable to appeals from the small claims court to the superior court. Section 18. Until otherwise provided by rules of court the statement of claims, verification, and notice shall be in the following equivalent forms and shall be in lieu of any form now employed and of any form of summons now provided by law:

Page 2597

Small Claims Court

Page 2598

Section 19. All Acts performed by the judge or clerk, and all proceedings had before the Small Claims Court in Seminole County are hereby validated. Act validated. Section 20. (Judge) The judge appointed at the time this Act becomes effective shall continue to serve until the expiration of his term of appointment and his successors shall be appointed by the then Governor of Georgia for succeeding terms of four years each, and until their successors are appointed and qualified.

Page 2599

Section 21. (Supplies). All forms, docket books, file jackets, filing cabinets and the like, required by this Act shall be furnished by the county commissioners. Section 22. (Hearings). The small claims court having no designated terms at stated periods, the judge thereof shall, in each instance, set dates for all hearings and trials in every kind of case, and, also designate the times when attachments and executions are returnable and, also designate the time when each answer to summons of garnishment shall be filed, but no garnishee may be required to file his answer sooner than ten days after he is served with summons. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court in its discretion extends the time for filing, the judge may forthwith render judgment immediately and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Section 23. (Summons of Garnishment). A summons of garnishment may be served by the sheriff or his deputies, or by a lawful constable or by a small claims court bailiff, or by the judge of the small claims court; or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which shall be attached to the original garnishment affidavit, or to the writ of attachment; provided further, it shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to sender by U. S. postal authorities marked refused giving the date of refusal and be signed or initialed by a U. S. Post Office employee or U. S. mail carrier to whom refusal was made. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ or on the back of a conformed copy of the original summons of garnishment which was given to

Page 2600

the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Section 24. The judge of the said small claims court shall have the power to impose fines of not more than ten dollars or imprison for not longer than twenty four hours any person guilty of contempt of court, such fines to be paid into the county treasury or depository for county purposes. Contempt of court. Section 25. The fee of bailiff for the execution of a fi. fa. shall be four dollars, plus a reasonable amount for drayage to be determined by the small claims court judge. The rate of commission on all judicial sales shall be ten per cent (10%) of the first $250.00 and five per cent (5%) on all sums over that amount, with a minimum of three dollars ($3.00). Fees. Section 26. The provisions of this Act shall become effective on July 1, 1969, if approved by the referendum provided for hereinafter. Effective date. Section 27. Not less than 15 nor more than 20 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of any such county to issue the call for an election for the purpose of submitting this Act to the voters of any such county for approval or rejection. The ordinary shall set the date of such election for June 4, 1969. The ordinary 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 such county. The ballot shall have written or printed thereon the words: For approval of the Act creating a Small Claims Court for Seminole County. Referendum. Against approval of the Act creating a Small Claims Court for Seminole County. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection

Page 2601

of the Act shall vote against approval. If one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Seminole County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 28. All laws and parts of laws in conflict with this Act are hereby repealed. Repealer. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia a bill to create the small claims court of Seminole County; to provide for the appointment, duties, powers. compensation, qualifications and term of office of the Judge of said court; to prescribe the jurisdiction, the pleading, practice and service of process therein; to provide for a clerk and his compensation; to repeal conflicting laws; to provide for a referendum thereon; and for other purposes. This 13th day of January, 1969. Julian Webb, Senator 11th District A. Wallace Cato, Representative District 68 - Post 2 J. Willis Conger, Representative District 68 - Post 1

Page 2602

Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Wallace Cato who, on oath, deposes and says that he is Representative from the 68th District, and that the attached copy of notice of intention to introduce local legislation was published in the Donalsonville News which is the official organ of Bainbridge County, on the following date: January 16th, 23rd, 30th, 1969. A. Wallace Cato Representative, 68th District Sworn to and subscribed before me, this 27 day of February, 1969. Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 10, 1969. JOHNSON COUNTYBOARD OF COUNTY COMMISSIONERS, VACANCIES, COMPENSATION. No. 242 (House Bill No. 846). An Act to amend an Act creating a board of county commissioners for Johnson County, approved March 27, 1941 (Ga. L. 1941, p. 887), as amended, particularly by an Act approved February 8, 1951 (Ga. L. 1951, p. 2317), an Act approved March 21, 1958 (Ga. L. 1958, p. 2911), and an Act approved April 5, 1965 (Ga. L. 1965, p. 3236), so as to change the method of filling vacancies; to provide for an expense allowance for the chairman and each of the other members of said board of county commissioners; to repeal conflicting laws; and for other purposes.

Page 2603

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of county commissioners for Johnson County, approved March 27, 1941 (Ga. L. 1941, p. 887), as amended, particularly by an Act approved February 8, 1951 (Ga. L. 1951, p. 2317), an Act approved March 21, 1958 (Ga. L. 1958, p. 2911), and an Act approved April 5, 1965 (Ga. L. 1965, p. 3236), is hereby amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9, to read as follows: Section 9. Vacancies occurring on the board for any reason shall be filled by the remaining members of the board electing a successor to serve for the unexpired term. Section 2. Said Act is further amended by striking section 11 in its entirety and inserting in lieu thereof a new section 11, to read as follows: Section 11. The chairman of said board shall receive an annual salary of eighteen hundred ($1,800) dollars and the other members of said board shall receive an annual salary of fifteen hundred ($1,500) dollars. In addition to their salaries, the chairman shall receive an expense allowance of one hundred ($100) dollars per month and each of the other members of the board shall receive an expense allowance of seventy-five ($75) dollars per month. Such salaries and expense allowances shall be paid monthly out of the general funds of the county. Shall it be necessary for any member of said board to transact business for the county outside the limits of said County of Johnson, then his or their actual expenses shall also be paid out of the general funds of the county. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to change the compensation of the members of the

Page 2604

board of commission of roads and revenue of Johnson County Georgia and to provide for filling vacancies and for other purposes. This 10th day of February, 1969. Emory Rowland, Representative, Dub Douglas, Representative, 42nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory L. Rowland who, on oath, deposes and says that he is Representative from the 42nd District, and that the attached copy of notice of intention to introduce local legislation was published in The Wrightsville Headlight which is the official organ of Johnson County, on the following dates: February 13, 20, 27, 1969. Emory L. Rowland Representative, 42nd District Sworn to and subscribed before me, this 7 day of March, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal) Approved April 10, 1969.

Page 2605

SEMINOLE COUNTYSHERIFF'S SALARY. No. 243 (House Bill No. 868). An Act to amend an Act providing for the compensation of the sheriff of Seminole County by a salary, approved February 18, 1966 (Ga. L. 1966, p. 2058), so as to change the compensation of said sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the compensation of the sheriff of Seminole County by a salary, approved February 18, 1966 (Ga. L. 1966, p. 2058), is hereby amended by striking from section 1 the figure: $6,400.00, and inserting in lieu thereof the figure: $7,600.00, so that when so amended section 1 shall read as follows: Section 1. The sheriff of Seminole County shall receive an annual salary in the amount of $7,600.00 payable in equal monthly installments from the funds of Seminole County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to change the compensation of the sheriff of Seminole County, and for other purposes. This 12th day of February, 1969.

Page 2606

Wilson Roberts County Commissioner C. D. Miller County Commissioner Lenward Eubanks County Commissioner Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Wallace Cato who, on oath, deposes and says that he is Representative from the 68th District, and that the attached copy of notice of intention to introduce local legislation was published in the Donalsonville News which is the official organ of Seminole County, on the following dates: February 13, 20, 27, 1969. A. Wallace Cato Representative, 68th District Sworn to and subscribed before me, this 10th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 10, 1969. CITY OF ELLIJAYCORPORATE LIMITS, REFERENDUM No. 244 (House Bill No. 873). An Act to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Ellijay, in the County of Gilmer, and creating a new charter for

Page 2607

said city, approved February 15, 1961 (Ga. L. 1961, p. 2067), so as to change the corporate limits of said city; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act amending, consolidating and superseding the several Acts incorporating the City of Ellijay, in the County of Gilmer, and creating a new charter for said City, approved February 15, 1961 (Ga. L. 1961, p. 2067), is hereby amended by adding a new Section, to be designated as section 49A, to read as follows: Section 49A. In addition to the territory embraced within the corporate limits of the City of Ellijay as provided in section 49, the following described property shall also be embraced within the corporate limits of the City of Ellijay and shall be a part thereof: `Beginning on the eastern side of Blue Ridge Highway, also known as State Highway No. 5, at the present limits of the City of Ellijay, and extending northerly along said State Highway No. 5 a distance of three-fourths of a mile; thence continuing along said highway a distance of 1,000 feet; thence in a westerly direction a distance of 500 feet; thence in a southwesterly direction a distance of 1,000 feet to a point three-fourths of a mile from the present limits of the City of Ellijay; thence in a circle in westerly and southwesterly directions remaining three-fourths of a mile from the present city limits of the City of Ellijay to a point 500 feet northeasterly from the Chatsworth Highway; thence in a northwesterly direction parallel with said highway a distance of 1,000 feet; thence in a southwesterly direction crossing said highway a distance of 1,000 feet; thence in a southeasterly direction 1,000 feet to a point three-fourths of a mile from the present city limits of the City of Ellijay; thence in southwesterly, southerly and southeasterly directions remaining three-fourths of a mile from the present city limits of the City of Ellijay to a point 1,000 feet from State Highway No. 5; thence in a southwesterly direction parallel with said highway to the Coosawattee River; thence

Page 2608

along the northern and western bank of said river to a point three-fourths of a mile from the present limits of the City of Ellijay; thence in an easterly direction in a circle three-fourths of a mile from said present limits of the City of Ellijay to the Yukon Road; thence in a northerly direction along the western side of Yukon Road to the city limits of the City of East Ellijay; thence west along the said city limits of the City of East Ellijay to the southwest corner of said city limits; thence north along said city limits to the present city limits of the City of Ellijay; thence following said city limits of the City of Ellijay to a point where the northern city limits of the City of East Ellijay meets the present city limits of the City of Ellijay; thence east along the city limits of the City of East Ellijay to the northeast corner of said city limits of the City of East Ellijay; thence south along the eastern limits of said City of East Ellijay to the Cartecay River; thence in a southeasterly direction following the curvatures of said river for a distance of three-fourths of a mile from the eastern present city limits of the City of Ellijay; thence in a circle three-fourths of a mile from the present limits of the City of Ellijay to a point 500 feet southeasterly from Blue Ridge Road; thence in a northerly direction parallel to said Blue Ridge Road a distance of 1,000 feet; thence northwesterly a distance of 500 feet to Blue Ridge Road and crossing said road to a point on the western side of said road.' Section 2. Not less than 30 nor more than 45 days after the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the official whose duty it is to conduct elections in the City of Ellijay to issue the call for an election for the purpose of submitting this Act to the voters of the City of Ellijay, as the said City is defined in section 49, and to the voters residing within the area described in section 1 of this amendatory Act, for approval or rejection. The said official shall set the date for such election for a day not less than 30 nor more than 45 days after the issuance of the call. The said official shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of the City of Ellijay.

Page 2609

The ballot shall have written or printed thereon the words: For approval of the Act changing the corporate limits of the City of Ellijay. Referendum. Against approval of the Act changing the corporate limits of the City of Ellijay. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than onehalf of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The votes of those voters residing within said City, and the votes of those voters residing within the area described in section 1 shall be counted together for the purpose of determining whether the required majority has been reached. The expense of such election shall be borne by the City of Ellijay. It shall be the duty of the said official to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the said official to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Gilmer County. Personally appeared before the undersigned officer authorized to administer oaths, George N. Bunch, who on oath deposes and says that he is the publisher of the Times-Courier, official county organ in Gilmer County, Georgia and that the attached copy of notice of intention to introduce local legislation was published in the Times-Courier on the following dates: February 6, 1969, February 13, 1969, and February 20, 1969. George N. Bunch

Page 2610

Sworn to and subscribed before me, this the 24th day of February, 1969. Jane Miller Notary Public, Gilmer County, Georgia. My Commission expires August 11, 1972. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1969 Session of the General Assembly of Georgia a Bill extending the city limits for the City of Ellijay, county seat of Gilmer County, and for other purposes. This the 4th day of February, 1969. City of Ellijay By G. L. Huff, Sr., Mayor Approved April 10, 1969. CITY OF EDISONTERMS OF MAYOR AND COUNCILMEN, ETC. No. 245 (House Bill No. 923). An Act to amend an Act creating a new charter for the City of Edison, approved August 13, 1929 (Ga. L. 1929, p. 1055), as amended, so as to change the terms of office of mayor and councilmen; to provide for staggered terms for councilmen; to provide for posts on the council; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Edison, approved August 13, 1929 (Ga. L. 1929, p. 1055), as amended, is hereby amended by striking in its entirety

Page 2611

section 3 and substituting in lieu thereof a new section 3 to read as follows: General election. Section 3. (a) The general election for the City of Edison shall be conducted on the first Saturday in December of each year. (b) For the purposes of electing councilmen, posts on the council shall be numbered 1 through 4, respectively. Candidates offering for election to the council shall designate by number that position on the council for which they offer as a candidate. In the general election of 1969, the mayor and councilmen elected to posts 1 and 2 shall be elected to serve for a term of office of two years and until their successors are duly elected and qualified. Candidates elected to posts 3 and 4 shall be elected for a term of office of one year and until their successors are duly elected and qualified. Such candidates shall take office on the first Monday in January following their election. Thereafter, successors to the mayor and councilmen shall be elected for a term of office of two years and until their successors are duly elected and qualified. Councilmen. (c) Before assuming office, the mayor and councilmen shall take the following oath: `I do solemnly swear that I will well and truly demean myself as mayor (or as councilman, as the case may be) of the City of Edison for the ensuing term, and that I will faithfully enforce the charter and ordinances of said City of Edison, to the best of my ability, without fear or favor, and will in all my actions as mayor (or councilman) act as I believe for the best interest of said city, so help me God.' Oaths. (d) The mayor and council may provide by ordinance for regular meetings, not fewer than one in each month, and shall hold such special meetings as the business of said city may require, to be convened as provided by ordinance. Meetings. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2612

Notice of Intention to Introduce Local Legislation. Georgia, Calhoun County. Notice is hereby given that there will be introduced at the Regular 1969 Session of the General Assembly of Georgia a bill to amend the charter of City of Edison, Georgia so as to extend the term of mayor and councilmen to two (2) years; to stagger the terms of the councilmen; and for other purposes. This 11th day of February, 1969. Cecil W. Tanner Mayor City of Edison, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable J. T. Jake Dailey who, on oath, deposes and says that he is Representative from the 53rd District, and that the attached copy of notice of intention to introduce local legislation was published in The Cuthbert Times which is the official organ of Randolph County, on the following dates: Feb. 13th, 20th and 27th, 1969. /s/ J. T. Dailey Representative, 53rd District Sworn to and subscribed before me, this 11th day of March, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 10, 1969.

Page 2613

CITY OF COLQUITTSALARIES OF MAYOR AND COUNCILMEN. No. 246 (House Bill No. 970). An Act to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Colquitt, and creating a new charter and municipal government for said corporation, approved August 7, 1915 (Ga. L. 1915, p. 534), as amended, so as to change the salaries of the mayor and councilmen thereof; 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 amending, consolidating and superseding the several Acts incorporating the City of Colquitt, and creating a new charter and municipal government for said corporation, approved August 7, 1915 (Ga. L. 1915, p. 534), as amended, is hereby amended by striking section 9 in its entirety and by inserting in lieu thereof a new section 9, to read as follows: Section 9. On the first day of January, if on Sunday the day following, after the election, or as soon thereafter as practicable, the persons elected for mayor and councilmen shall appear at the city hall or council chamber and take and subscribe to the following oath before any judicial officer of the State which shall be spread upon the minutes of the city council: `I,....., do solemnly swear that I will well and truly perform the duties of mayor (or councilman, as the case may be), of the city of Colquitt to the best of my skill and ability, without favor or affection, so help me God,' and shall forthwith enter upon the duties of his office. (a) The power of legislation and the appointment of all subordinate officers of said city shall be vested in the mayor and council; they shall hold regular meetings at the city hall or council chamber or other place to be designated, at such times as may be determined upon by them. The mayor and two councilmen

Page 2614

shall constitute a quorum for the transaction of business; in the absence of the mayor three councilmen shall constitute a quorum, but a less number may adjourn from time to time and compel the attendance of absentees, which power is hereby given them. (b) The mayor shall be chief executive of the city; he shall see that all laws, ordinances, resolutions and rules of the city, and the criminal laws of the State, are faithfully executed and enforced, and that the officers of the city shall faithfully discharge the duties required of them; he shall have a general jurisdiction of the affairs of the city; he shall preside at meetings of the mayor and council; he shall have the right to vote in elections for such officers of the city as shall be elected by the mayor and council, but he shall not have the right to vote on any other motion before said body except as provided by section 23 of this Act or in case of a tie. He shall have the right to veto all ordinances, orders and resolutions passed by the mayor and council within three days after the passage of same, which veto shall be in writing, and shall plainly set forth the grounds of same and shall be filed with the city clerk; but notwithstanding such veto such ordinance, order or resolution may be passed by a vote of three-fourths majority, to be taken by ayes and nays, and upon the question overriding such veto the mayor shall not be entitled to vote; provided, such vote shall not be taken until four days after the filing with the clerk of such veto. (c) The mayor shall receive a salary of nine hundred dollars per annum, payable monthly. At such times as there may be a city recorder as provided by section 29 of this Act, the compensation of the mayor shall be one hundred and twenty dollars per annum, payable monthly. The mayor shall receive no other compensation by costs or otherwise. (d) The clerk, treasurer and councilmen shall have an adequate salary to be fixed by annual ordinance, and no further compensation by costs or otherwise; provided, that the salary of the councilmen shall not exceed three hundred dollars per annum, to be fixed by ordinance. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Page 2615

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Colquitt, and creating a new charter and municipal government for said corporation, approved August 7, 1915 (Ga. L. 1915, p. 534), as amended, so as to change the salaries of the mayor and councilmen thereof; to provide an effective date; to repeal conflicting laws; and for other purposes. Wallace Cato, Representative Willis Conger, Representative Julian Webb, Senator Georgia, Miller County. Personally appeared before the undersigned, an officer authorized to administer oaths, Bert Priest, who on oath deposes and says that he is the owner and publisher of the Miller County Liberal, a newspaper having general circulation in the City of Colquitt, County of Miller and State of Georgia, and that a copy of the notice attached hereto has been published in said newspaper for three (3) consecutive weeks as provided by law on January 23rd, January 30th and February 6, 1969. Affiant further states that the costs of publishing said notice have been fully paid. This the 11th day of February, 1969. Bert Priest, L. S. Sworn to and subscribed before me, this 11th day of February, 1969. /s/ Vevelon L. Roland Notary Public. (Seal). Approved April 10, 1969.

Page 2616

CLARKE COUNTYSHERIFF'S ALLOWANCE FOR FEEDING PRISONERS. No. 247 (House Bill No. 992). An Act to amend an Act placing the sheriff of Clarke County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2113), so as to increase the food allowance for the prisoners confined in the county jail; 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 placing the sheriff of Clarke County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2113), is hereby amended by striking from section 8 $1.50 and inserting in lieu thereof $2.00, so that when so amended, section 8 shall read as follows: Section 8. The sheriff is charged with the responsibility of feeding all prisoners confined within the county jail. The governing authority of Clarke County shall reimburse the sheriff at the rate of $2.00 per day, per prisoner for the expenses incurred by the sheriff in feeding such prisoners. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969 Session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff of Clarke County on salary so as to increase the food allowance for the prisoners confined in the county jail; and for other purposes.

Page 2617

This 10th day of January, 1969. Honorable Leon Farmer, Jr. Representative, 16th District Honorable Chappel Matthews Representative, 16th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Leon Farmer, Jr. who, on oath, deposes and says that he is Representative from the 16th District, and that the attached copy of notice of intention to introduce local legislation was published in The Daily News which is the official organ of Clarke County, on the following dates: January 17th, 24th, 31st, 1969; February 7th, 1969. /s/ Leon Farmer, Jr. Representative, 16th District Sworn to and subscribed before me, this 17th day of March, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. Commission Expires Dec. 22, 1972. (Seal). Approval April 10, 1969. LAMAR COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT. No. 248 (House Bill No. 294). An Act to place the clerk of the superior court of Lamar County upon an annual salary supplement; to provide that certain fees, costs or other emoluments of said officer

Page 2618

shall become the property of the county; to provide for the collection of all such fees, costs and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In addition to the fees provided for hereinafter for the clerk of the superior court of Lamar County, said clerk shall also receive a supplement of $7,200.00 per annum to be paid in equal monthly installments from the funds of Lamar County. Supplement. Section 2. Except as hereinafter provided for, after effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the clerk shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees. It is specifically provided that the clerk shall be entitled to receive and retain as his own compensation all of those fees prescribed by Code section 24-2727 for his services rendered in all civil cases. The clerk shall be entitled to receive and collect all fees earned in connection with any criminal cases which were earned prior to the effective date of this Act, but not collected at that time.

Page 2619

Section 3. The necessary operating expenses of the clerk's office shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Lamar County. Office expenses. Section 4. The provisions of this Act shall become effective on the first day of January, 1969. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969 Session of the General Assembly of Georgia a bill to place the clerk of the superior court of Lamar County upon an annual salary; to provide the procedure connected therewith; and for other purposes. Johnnie L. Caldwell Representative Post No. 1 Lamar, Pike and Upson counties, Georgia, in the General Assembly of Georgia. J. R. Smith Representative Post No. 2 Lamar, Pike and Upson counties, Georgia, in the General Assembly of Georgia. Georgia, Lamar County: Personally appeared before me the undersigned authority, duly authorized to administer oath, William W. Dennis,

Page 2620

who on oath deposes and says that he is the publisher of the News Gazette and that the attached copy of notice of intention to introduce local legislation was published in the News Gazette which is the official organ of said county on January 9th, January 16th and January 23, 1969. /s/ William W. Dennis Published - News Gazette Sworn to and subscribed before me, this the 23rd day of January, 1969. /s/ Betty T. Wilson Notary Public. Lamar County, Georgia. My Commission Expires February 14, 1972. (Seal). Approved April 10, 1969. STATE COURT OF HOUSTON COUNTYDESIGNATED AS CONSTITUTIONAL SPECIAL COURT, ETC. No. 249 (Senate Bill No. 216). An Act to designate and establish the State Court of Houston County (Ga. L. 1965, p. 2650, as amended), as the special court provided for by Art. VI, Sec. IX, Para. I of the Constitution, as amended (Ga. L. 1968, p. 1805); to provide for the manner and method of the correction of errors by the granting of new trials and through direct appeals to the Court of Appeals and Supreme Court of Georgia, by amending an Act approved March 26, 1965 (Ga. L. 1965, p. 2650), as amended by an Act approved April 4, 1967 (Ga. L. 1967, p. 2564); and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 2621

Section 1. Under the authority conferred upon the General Assembly by a Constitutional Amendment approved April 10, 1968 (Ga. L. 1968, p. 1805), and ratified November 5, 1968, the State Court of Houston County, created by an Act approved March 26, 1965 (Ga. L. 1965, p. 2650), as amended by Acts approved March 4, 1966 (Ga. L. 1966, p. 3203); April 4, 1967 (Ga. L. 1967, p. 2564); and March 21, 1968 (Ga. Laws 1968, p. 2656), is hereby designated and established as the special court within the meaning of such Amendment, vested with such powers and jurisdiction as are now or hereafter provided by law. Designated as special court. Section 2. The terms of the present judge, solicitor, clerk and other personnel of the State Court of Houston County shall not be affected by this Act, except as herein provided, and such officers and other personnel shall continue to serve in such Court as provided by law. The law respecting juries and practice and procedure within said Court shall not be affected by this Act, except as herein provided. Terms of judge, solicitor, etc. Section 3. Section 27 of an Act creating such Court, approved March 26, 1965 (Ga. L. 1965, pp. 2650, 2659), as amended by an Act approved April 4, 1967 (Ga. L. 1967, p. 2564), is hereby stricken in its entirety and a new section 27 substituted in lieu thereof, to read as follows: Section 27(a). The Court may grant new trials in the same manner and upon the same grounds as new trials are granted by the Superior Court of Houston County as now or hereafter provided for by law. New trials. Section 27(b). A direct appeal shall lie to the Court of Appeals of Georgia or to the Supreme Court of Georgia from the judgment, order or ruling of the State Court of Houston County in the same manner that a judgment, order or ruling of the Superior Court of Houston County is now or may hereafter be reviewed as provided for by law. Appeals. Section 4. All cases and other matters pending in such court on the effective date of this Act, and otherwise subject to appeal, shall be appealable under the provisions of section 3 of this Act. Pending cases.

Page 2622

Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia a Bill, as authorized by art. VI, sec. IX, para. I of the Constitution of Georgia, as amended (Ga. L. 1968, p. 1805), designating and establishing the present State Court of Houston County (Ga. L. 1965, p. 2650, as amended), as the special court provided for by said Constitution, and providing for the manner and method of the correction of errors by the granting of new trials and through direct appeals to the Court of Appeals of Georgia and the Supreme Court of Georgia; and for other purposes. This 31st day of January, 1969. Stanley E. Smith, Jr. Senator, 18th District Georgia, Houston County. Personally appeared before me this date, Cooper Etheridge, publisher of The Houston Home Journal, Perry, Ga., the Official Organ of Houston County, Georgia, who certifies that the legal notice, notice of intention to introduce local legislation, State Court of Houston County, was published in The Houston Home Journal on the following dates: Feb. 6, 13 and 20, 1969. This 25th day of February, 1969. /s/ Cooper Etheridge Publisher, Houston Home Journal Perry, Georgia

Page 2623

Sworn to an subscribed before me, this 25 day of February, 1969. /s/ Janice E. Colwell Notary Public, Houston County. My Commission Expires March 7, 1972. (Seal). Approved April 10, 1969. BIBB COUNTYCOMPENSATION OF COUNTY COMMISSIONERS. No. 250 (House Bill No. 810). An Act to amend an Act establishing a board of commissioners of Bibb County, approved February 6, 1873 (Ga. L. 1873, p. 219), as amended, particularly by an Act approved February 27, 1962 (Ga. L. 1962, p. 2430), so as to provide that the commissioners of Bibb County shall fix their own compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a board of commissioners of Bibb County, approved February 6, 1873 (Ga. 1873, p. 219), as amended, particularly by an Act approved February 27, 1962 (Ga. L. 1962, p. 2430), is hereby amended by striking in its entirety section 7 and substituting in lieu thereof a new section 7, to read as follows: Section 7. Three of the commissioners shall constitute a quorum for the transaction of any business and it shall require the concurrence of three commissioners to pass any order or decree. The commissioners shall receive such compensation for their services as such as they shall provide by ordinance or resolution.

Page 2624

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that application will be made to the 1969 Session of the General Assembly of Georgia for the passage of the following bill, to-wit: An Act to amend an Act entitled An Act to establish a county board of commissioners for the County of Bibb, to define their duties and for other purposes therein named which Act was approved February 6, 1873 (Ga. L. 1873, p. 219), as said described Act has subsequently been amended or re-enacted, including the amendatory Act of 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2230) and the amendatory Act of 1962 (Ga. L. 1962, p. 2430); to provide increased compensation for the members of the board of commissioners of Bibb County, Georgia; to specify the amount thereof; to provide for the payment monthly of such salaries out of the county treasury of Bibb County, and for other purposes. This notice is given pursuant to the provisions of Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia, as amended, which provisions are codified as Section 2-1915, Georgia Code Annotated. Any changes or amendments germane to the above described bill may be made and adopted. This 3rd day of January, 1969. S. Gus Jones, Crawford B. Edwards Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Frank Pinkston who, on oath, deposes and says that he is Representative from the 81st District, and that the attached

Page 2625

copy of notice of intention to introduce local legislation was published in The Macon News which is the official organ of Bibb County, on the following dates: January 11th, 18th, and 25th, 1969. /s/ Frank Pinkston Representative, 81st District Sworn to and subscribed before me, this 5 day of March, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 14, 1969. ACT CREATING PENSION SYSTEM FOR EMPLOYEES OF CERTAIN CITIES AMENDED (150,000 OR MORE). No. 252 (House Bill No. 154). An Act to amend the Act approved August 20, 1927 (Ga. L. 1927, pp 265 et seq), providing that cities having a population of more than 150,000 as disclosed by the United States Census of 1920, or any subsequent census, shall furnish pensions to officers and employees of such cities and for other purposes set forth in the caption of said act and the several acts amendatory of said act, so as to provide additional pension benefits, to provide credit for prior service to those persons, made eligible for pension benefits by said act and amendments, to become employed by the city who were previously employed by the State of Georgia or political subdivision thereof to render service within the county in which such city is located in whole or in part, to repeal conflicting laws and for other purposes.

Page 2626

Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that the act described in caption hereof, as amended, be and the same is hereby further amended as follows: Section 1. Any person, made eligible for pension benefits by the Act approved on August 20, 1927 (Ga. L. 1927, pp 265 et seq), now employed, or who may hereafter become employed by the city and who, prior to employment with city, was employed by the State of Georgia or political subdivision thereof to render service within the county in which such city is located in whole or in part, or who was employed as a teacher in a public school system or in a public or private college or university, may receive credit for such service for pension benefits under this act, as amended, upon the following terms and conditions: (1) No credit may be given for part time or temporary service. Credit for prior service. (2) Such person may be eligible for prior service credit after having been continuously employed by such city for a period of five years and after having filed application with the Board of Trustees for prior service credit for a period of five years. (3) Prior service credit may be granted to such person eligible and continuing in the service of such city commencing six years from the date of the application for prior service credit on the basis of one year of prior service credit for each year, such person shall continue in the service of such city until a maximum of ten years of prior service credit is given such person. In the event of compulsory retirement, fractional parts of years of prior service credit will be credited such person based upon fractional parts of years served with such city and credited for pension purposes prior to compulsory retirement. (4) In order to receive such prior service credit, such person must pay into the retirement system of such city an amount of money equal to the amount such person would have been required to pay had he been employed by such

Page 2627

city during the prior service, and in addition thereto such person shall pay an amount equal to the amount such city would have been required to pay had such person been employed by such city during the prior service. Provided however that such persons other than teachers claiming prior service with school systems outside the state of Georgia, teachers being defined as meaning any person employed as a classroom teacher or in the supervision of the public schools of any such city, and shall include administrative officials therein, employed on or before April 1, 1969 and otherwise fulfilling the requirements provided for in this Act, shall not be required to pay an amount of money equal to that which would have been paid by the city had such person other than teachers been employed by such city during the prior service. The Board of Trustees shall formulate rules and regulations as they deem necessary for the payment of such funds and may provide for deferred payments with interest at 6% per annum. (5) Persons employed on or before April 1, 1969 who have had at least five years continuous service with such city shall receive prior service credit upon application made in writing to the Board of Trustees on or before October 1, 1969 and said prior service shall be credited to such person immediately upon application and payment of the amount said person would have been required to pay had such person been employed by such city during the prior service. Said prior service shall be credited to such person on the basis of one year and fractional parts of years prior service credit for one year and fractional parts of the years served with such city and credited for pension purposes. Persons employed after April 1, 1969 shall make application in writing to the Board of Trustees for such prior service credit which shall be credited in accordance with the provisions of sections 3 and 4 of this Act. (6) Credits for prior service, under the terms of this amendment, shall be treated as credit for service rendered while a member of the retirement system established by this Act, as amended, in the determination of the right to retire and the amount of the retirement benefits.

Page 2628

Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 15, 1969. CITY OF PORT WENTWORTHAUTHORITY TO CLOSE AND SELL DESIGNATED STREETS. No. 256 (House Bill No. 430). An Act to amend an Act incorporating and creating a charter for the City of Port Wentworth, approved February 6, 1957, (Ga. L. 1957, p. 2003), as amended, so as to authorize the governing authority of Port Wentworth to sell that portion of a public street, known as Commonwealth Avenue and an unnamed street, which runs northwest from Phillips Avenue to U. S. Coastal Highway 17, to any person, firm or corporation for such consideration as the governing authority shall deem best; to authorize the Mayor, upon the approval of two-thirds (2/3) of the members of council, to convey by quitclaim deed or any other appropriate deed that portion of Commonwealth Avenue and the unnamed street, as above stated; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating and creating a charter for the City of Port Wentworth, approved February 6, 1957, (Ga. L. 1957, p. 2003), as amended, is hereby amended by adding a new section, to be designated as section 3A, to read as follows: Section 3A. The governing authority of the City of Port Wentworth is hereby authorized to sell the portion of Commonwealth Avenue and the unnamed street, hereinafter described, to any person, firm or corporation. That the said portion of Commonwealth Avenue and the unnamed street, above referred to, are described as follows:

Page 2629

`All that certain lot, tract, or parcel of land situate, lying and being in the State of Georgia, County of Chatham, at Port Wentworth, and being more particularly described as follows: `Commencing at the western right-of-way line of Phillips Avenue and its intersection with the southern right-of-way line of an unnamed street, probably a western extension of Phillips Avenue or an eastern extension of Commonwealth Avenue, and traveling along said right-of-way line in a northwardly direction 1,250 feet to a point on the eastern side of U. S. Coastal Highway 17, thence north a distance of 50 feet to the northern right-of-way line of Commonwealth Avenue, thence southeast along the northern right-of-way line of Commonwealth Avenue and the northern right-of-way line of the unnamed street a distance of 1,250 feet to a point north of the intersection of the western right-of-way line of Phillips Avenue and the southern right-of-way line of the unnamed street, thence south 50 feet to the point of beginning being the intersection of the western right-of-way line of Phillips Avenue and the southern right-of-way line of the unnamed street and being bounded as follows: On the south by lots 1 and 5, block E, Crossgate subdivision, by the curvature of Commonwealth Avenue as it enters the above described property, by lot 7, block 25, Crossgate subdivision, by the right-of-way of Turnberry Street, by lots 1 and 15, block 26, Crossgate subdivision, by the right-of-way of Aberfeldy Street, by lots 1 and 19, block 27, Crossgate subdivision; on the north by the right-of-way of the Savannah and Atlanta Railway; on the west by U.S. Costal Highway 17, on the east by the right-of-way line of Phillips Avenue.' The mayor of the City of Port Wentworth with the approval of 2/3 of the members of council either in regular session or in special session shall have the right to convey by quitclaim deed or other appropriate deed that portion of Commonwealth Avenue and the unnamed street as described above, to any person, firm or corporation as the governing authority shall deem best and for such consideration it shall deem best.

Page 2630

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, Chatham County. Personally appeared before me Gail Sullivan to me known, who being by me sworn, deposes and says: That she is the legal clerk of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah News-Press; That said corporation is the publisher of the Savannah Evening Press, a daily newspaper published in said county; That she is authorized to make affidavits of publication on behalf of said publisher corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto and is the newspaper designated and customarily used by the sheriff of Chatham County for the publication of advertisements and by the other officials and official bodies of and in said county for the publication of notices required by law; That she has reviewed the regular editions of the Savannah Evening Press published on Jan. 11, 1969, Jan. 18, 1969, Jan 20, 1969, and finds that the following advertisement, to-wit: State of Georgia, County of Chatham. Notice of intention to apply for the passage of local legislation. Notice is hereby given that application will be made at the January-February, 1969, session of the General Assembly of Georgia, which convenes on January 13, 1969, for the passage of the following bill: An Act to amend an Act incorporating, and creating a charter for the City of Port Wentworth, approved February

Page 2631

6, 1957 (Ga. L. 1957, p. 2003 et. seq.), and all acts amendatory thereof, so as to allow the City of Port Wentworth by and through its mayor to sell that portion of Commonwealth Avenue and an unnamed street which are connected and run northwest from Phillips Avenue to U.S. Coastal Highway 17 to person, persons, firms, partnerships, or corporations; to repeal any law or laws in conflict hereto. James E. Yates, III City Attorney for the City of Port Wentworth appeared in each of said editions. /s/ Gail Sullivan Sworn to and subscribed before me, this 20 day of Jan., 1969. /s/ Bryce S. Cockerham Notary Public, Chatham County, Georgia. (Seal). Approved April 15, 1969. TOWN OF HARALSONCHARTER AMENDED. No. 260 (House Bill No. 951). An Act to amend an Act incorporating the Town of Haralson, approved August 22, 1907 (Ga. L. 1907, p. 694), as amended by an Act approved August 19, 1912 (Ga. L. 1912, p. 983), so as to extend the corporate limits of said town; to change certain provisions relating to elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Haralson, approved August 22, 1907 (Ga. L. 1907, p. 694), as amended by an Act approved August 19, 1912 (Ga. L. 1912, p. 983), is hereby amended by adding to section 2 the following:

Page 2632

The corporate limits of the Town of Haralson shall also include: All that tract of land situate, lying and being in the County of Coweta, which lies to the north of the corporate limits of the Town of Haralson, and being more specifically described as follows: `Beginning at the southeast corner of intersection of Goardon Road and Old State Highway 85, and from said point run thence in a northerly direction along the eastern margin of Old State Highway 85 until the northern margin or boundary of that tract of land known as the `Garrison Farm' is reached, and at that point run due west along the northern margin of `Garrison Farm' until reaching the western side of Addy Road, then run in a southerly direction following Addy Road along its western boundary until reaching the southern margin of Goardon Road, and at that point run easterly along the southern margin of Goardon Road until reaching the point of beginning.' Corporate limits. Section 2. Said Act is further amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: Section 6. The clerk of said town shall keep a registration book for the purpose of having voters' names recorded therein; upon personal application the clerk shall register, or permit each applicant to register in alphabetical lists. Each applicant shall subscribe to the following oath: `I,....., do solemnly swear that I am a citizen and qualified voter of the State of Georgia, according to the Constitution and laws thereof; that on the first Saturday in December next I will have been a bona fide resident of the town of Haralson for six months immediately preceding, and have paid all taxes that have been legally demanded of me by said town. Sworn to and subscribed before me this..... day of....., Clerk of the town of Haralson.' Such registration book shall be kept open for the registration of voters from the fortieth to the tenth day immediately preceding each election in said town, and on said tenth day preceding the election, said book shall be effectively and absolutely closed. The clerk shall present such book

Page 2633

to the managers of the election, and shall be used by them in determining who are qualified to vote in the election, and any person whose name does not appear in said book shall not be allowed to vote. Voter registration. Section 3. Said Act is further amended by adding a new section to be designated as section 9A which shall read as follows: Section 9A. In the event any office of the government of the town of Haralson should become vacant, and there is unexpired time remaining to be served, the mayor shall appoint a qualified person to fill such vacancy for the unexpired remainder of said term of office, with the advice and consent of the aldermen. Vacancies. Section 4. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. On the first Saturday in October, 1912, an election shall be held in the said town of Haralson for the purpose of electing a mayor and three aldermen; the said mayor and aldermen shall be elected for a term of four years from the date of their election; and they shall hold their office until their successors are elected and qualified; and each four years thereafter there shall be an election held in said town of Haralson on the first Saturday in October for the purpose of electing said mayor and councilmen as their terms of office expire. Terms of mayor and councilmen. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1969 Regular Session of the General Assembly a bill to extend the city limits of the city of Haralson; to change certain provisions relating to elections; to repeal conflicting laws; and for other purposes.

Page 2634

This 26 day of February, 1969. W. J. Estes, Mayor Affidavit. Georgia, Coweta County. This is to certify that the legal notice attached hereto has been published in the Newnan Times-Herald, legal organ for Coweta County, the following dates, to-wit: Feb. 27, 1969; March 6, 1969; March 13, 1969. Sworn to on the 13th day of March, 1969. /s/ E. W. Thomason Publisher. Sworn to and subscribed to before me, on the 13 day of March, 1969. /s/ Ella P. MacNabb Notary Public (Seal). Approved April 15, 1969. FANNIN COUNTYACT PLACING SHERIFF ON SALARY BASIS AMENDED. No. 261 (Senate Bill No. 233). An Act to amend an Act placing the sheriff of Fannin County upon an annual salary, approved March 11, 1965 (Ga. L. 1965, p. 2294), as amended, by an Act approved March 21, 1968 (Ga. L. 1968, p. 2713), so as to change the compensation of the sheriff; to provide for the employment of an additional deputy; to change the compensation of the deputies; to provide that the governing

Page 2635

authority shall furnish properly equipped automobiles for the use of the sheriff and his deputies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Fannin County upon an annual salary, approved March 11, 1965 (Ga. L. 1965, p. 2294), as amended, by an Act approved March 21, 1968 (Ga. L. 1968, p. 2713), is hereby amended by striking from section 2 the figure $8,000.00 and inserting in lieu thereof the figure $9,500.00 so that when so amended section 2 shall read as follows: Section 2. The sheriff of Fannin County shall receive an annual salary of $9,500.00 per annum, payable in equal monthly installments from the funds of Fannin County. The sheriff shall also receive from county funds, for each prisoner confined in the county jail, two dollars ($2.00) per day to feed said prisoners. Sheriff's salary. Section 2. Said Act is further amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. The sheriff of Fannin County shall have the sole power and authority to appoint one deputy who shall be compensated in the amount of $6,000.00 per annum, payable in equal monthly installments from the funds of Fannin County and one additional deputy who shall receive an annual salary of $5,000.00, payable in the same manner. The sheriff shall also have the power and authority to employ a jailer and a cook. The total compensation of the jailer and the cook shall be $3,600.00 per annum, payable in equal monthly installments from the funds of Fannin County, and the exact amount to be paid to each shall be determined by the sheriff of Fannin County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the persons who shall be employed as deputies, jailer and cook and to prescribe their duties and assignments and to remove or replace such employees at will and within his sole discretion. Deputy sheriffs, etc.

Page 2636

Section 3. Said Act is further amended by striking section 6 in its entirety and substituting in lieu thereof a new section 6 to read as follows: Section 6. The governing authority of Fannin County shall furnish the sheriff with two automobiles equipped with the equipment commonly on or in automobiles used by law enforcement officers including two-way radios. The automobiles so furnished shall be the property of Fannin County and shall be used by the sheriff and his deputies only on official business. The governing authority of said county shall also furnish all the necessary gasoline, oil, maintenance and repair costs for said automobiles and replace said automobiles when necessary. Automobiles. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation: Notice is hereby given that there will be introduced in the General Assembly of Georgia at the regular 1969 Session a local bill affecting Fannin County. The local bill will pertain to: Sheriff Office To repeal conflicting laws and other purposes. This 17th day of January 1969. Maylon K. London 50th District State Senator Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Maylon K. London who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of notice of intention to introduce local legislation was published in the Fannin County Times which is the official organ of Fannin

Page 2637

County, on the following dates: January 23, 30 February 6, 13, 1969. /s/ Maylon K. London Senator, 50th District Sworn to and subscribed before me this 3rd day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 15, 1969. FANNIN COUNTYOFFICE OF TAX COMMISSIONER CREATED, REFERENDUM. No. 262 (Senate Bill No. 236). An Act to consolidate the offices of tax receiver and tax collector of Fannin County in the office of the tax commissioner of Fannin County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner; to provide for his term of office; to provide for the method of filling vacancies; to provide for the compensation of the tax commissioner; to provide for personnel in the office of the tax commissioner, their compensation, and the payment of expenses; to make provisions relative to taxes and tax fi fas; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Effective January 1, 1973, the offices of tax receiver and tax collector of Fannin County shall be consolidated and combined into one office of the tax commissioner

Page 2638

of Fannin County. The rights, duties and liabilities of the tax commissioner, except as otherwise provided herein, shall be the same as those imposed upon tax receivers and tax collectors by the laws of this State. Created. Section 2. The first election for the office of tax commissioner created herein shall be conducted in the general election held in 1972. The person so elected shall take office on the first day of January following his election, and shall serve until December 31, 1976, and until his successor is duly elected and qualified. All future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall take office on the first day of January following their election and shall serve a term of office of four years and until their successors are duly elected and qualified. Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled in accordance with the provisions of law for filling vacancies in the office of tax collector. Election, etc. Section 3. The tax commissioner shall receive for his services as such an annual salary of $8,000, payable in equal monthly installments from the funds of Fannin County. Salary. Section 4. Except as hereinafter provided, all fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held by him as public funds belonging to Fannin County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him with a detailed itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department. However, the tax commissioner shall be entitled

Page 2639

to receive and retain, in addition to the salary provided for herein, those commissions authorized by an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. Fees. Section 5. The tax commissioner is authorized to appoint a deputy to assist him in the performance of his duties. Such deputy shall be compensated in the amount not to exceed $3,600 per annum, payable in equal monthly installments from the funds of Fannin County. All expenses incurred by the tax commissioner in operating and discharging the official duties of his office, except as herein provided, including, but not limited to, office equipment, supplies, fixtures and utility expenses, shall be paid by the county from county funds. Deputy, etc. Section 6. All taxes due and payable Fannin County at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi fas heretofore issued shall have full force and effect and shall be collectible as issued. Taxes due. Section 7. It shall be the duty of the ordinary of Fannin County to issue the call for an election for the purpose of submitting this Act to the voters of Fannin County for approval or rejection. The ordinary shall set the date of such election for the day upon which the general election conducted in 1970 shall be held. The ordinary 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 Fannin County. The ballot shall have written or printed thereon the words: For approval of the Act consolidating the offices of the tax receiver and tax collector of Fannin County into the office of the tax commissioner of Fannin County. Referendum. Against approval of the Act consolidating the offices of tax receiver and tax collector of Fannin County into the office of the tax commissioner of Fannin County.

Page 2640

All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Fannin County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation: Notice is hereby given that there will be introduced in the General Assembly of Georgia at the regular 1969 Session a local bill affecting Fannin County. The local bill will pertain to: Tax Receiver and Tax Collector office. To repeal conflicting laws and for other purposes. This 17th day of January 1969. Maylon K. London 50th District State Senator Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Maylon K. London who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of notice of intention to introduce local legislation was published in the Fannin

Page 2641

County Times which is the official organ of Fannin County, on the following dates: January 23, 30 February 6, 13, 1969. /s/ Maylon K. London Senator, 50th District Sworn to and subscribed before me, this 25th day of February, 1969. /s/Pamela A. Little Notary Public, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 15, 1969. FANNIN COUNTYBOARD OF COUNTY COMMISSIONERS CREATED, REFERENDUM. No. 263 (Senate Bill No. 259). An Act to amend an Act creating the office of Commissioner of roads and revenues of Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 519), as amended, by an Act approved March 30, 1937 (Ga. L. 1937, p. 1327), by an Act approved March 8, 1937 (Ga. L. 1937, p. 1329), by an Act approved March 24, 1939 (Ga. L. 1939, p. 562), by an Act approved March 24, 1947 (Ga. L. 1947, p. 966), by an Act approved February 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2232), by an Act approved March 21, 1958 (Ga. L. 1958, p. 2850), by an Act approved February 16, 1962 (Ga. L. 1962, p. 2149), and by an Act approved April 10, 1968 (Ga. L. 1968, p. 3484), so as to create a board of commissioners of Fannin County to consist of a chairman and two other members; to provide for the qualifications of said chairman and other members; to provide for the election of the members of said board of commissioners and for their terms of office; to provide for the filling of vacancies; to provide for the commission and bonds for

Page 2642

the chairman and other members of said board; to provide for meetings of said board; to provide for a clerk of said board; to provide for the powers and duties of said board; to provide for all matters relative to the foregoing; to provide for a referendum; to provide when the provisions of this Act shall become effective; 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 roads and revenues of Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 519), as amended, by an Act approved March 30, 1937 (Ga. L. 1937, p. 1327), by an Act approved March 8, 1937 (Ga. L. 1937, p. 1329), by an Act approved March 24, 1939 (Ga. L. 1939, p. 562), by an Act approved March 24, 1947 (Ga. L. 1947, p. 966), by an Act approved February 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2232), by an Act approved March 21, 1958 (Ga. L. 1958, p. 2850), by an Act approved February 16, 1962 (Ga. L. 1962, p. 2149), and by an Act approved April 10, 1968 (Ga. L. 1968, p. 3484), is hereby amended by striking sections 1 through 11 in their entirety and substituting in lieu thereof new sections to be designated 1 through 10 and to read as follows: Section 1. (a) There is hereby created a board of commissioners of Fannin County to consist of a chairman and two other members to be elected by the qualified voters of Fannin County as hereinafter provided. Created. (b) The chairman and other members of said board of commissioners shall be qualified electors eligible to vote for members of the General Assembly of Georgia and shall have resided within Fannin County at least one year prior to their election. The chairman shall be at least 25 years of age prior to his election and the other members shall be at least 21 years of age prior to their election. Members. Section 2. (a) For the purposes of electing the chairman and other members of said board, candidates for chairman shall offer as candidates for that office, and there shall

Page 2643

be two commissioner posts, to be designated post 1 and post 2, for the other two commissioners. Candidates for commissioner shall designate the commissioner post for which they are offering. All candidates for chairman and commissioner may reside anywhere within Fannin County and shall be elected by a majority of the qualified voters of the entire county voting in the elections held for that purpose. All such elections shall be held and conducted as provided by law for the election of county officers. Elections. (b) The first board of commissioners of Fannin County, as provided herein, shall be elected at the general election held in 1972 and shall take office on the first day of January 1973, for terms of four years and until their successors are elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of their terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. First election, etc. (c) In the event a vacancy occurs in the chairmanship or other member of said board when more than six months remain before the expiration of the term of office, it shall be the duty of the ordinary of Fannin County, within 15 days after such vacancy occurs, to issue the call for a special election for the purpose of filling such vacancy. Any such special election shall be governed by the provisions of law providing for the holding and conducting of special elections. In the event a vacancy occurs in the chairmanship or other member of said board with six months or less remaining before the expiration of the term of office, the ordinary shall appoint a person qualified for the office of chairman or for commissioner, as the case may be, for the unexpired term. Vacancies. Section 3. The chairman and other members of the board of commissioners of Fannin County shall be commissioned by the Governor of Georgia, shall make and subscribe, before any officer authorized to administer oaths, an oath for the faithful discharge of their duties and to account for all funds and property of said county coming into their possession. Such commissioners shall, before entering

Page 2644

upon the duties of their office, give a bond in the sum of $10,000.00 each, to be approved by the ordinary, and payable to the ordinary and his successors in office, conditioned upon the faithful discharge of their duties, and to account for all funds and property of said county coming into their possession. The surety on said bonds shall be a corporate surety company authorized to do business in this State, and the premiums therefor shall be paid from county funds. Oaths, bonds. Section 4. Said board of commissioners shall hold a regular meeting for the transaction of public business pertaining to county matters which shall be held in an appropriate office of the courthouse of Fannin County on the first Tuesday in each month of the year, but said board of commissioners may hold sessions at any time they deem proper, or upon the call of the chairman. The members of said board of commissioners shall be authorized to administer oaths and hear testimony as to all matters over which they have jurisdiction when meeting to conduct business pertaining to the county. Meetings. Section 5. The board of commissioners shall appoint a clerk, whose salary shall not exceed $3,000.00 per annum, to be paid monthly out of the county treasury, and it shall be the duty of said clerk to attend all meetings of the board of commissioners and keep complete and orderly minutes of all such meetings. He shall file and keep in the order of their date all original orders and papers, petitions, applications and other papers, addressed to the board of commissioners concerning county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treasury or county depository by order of the chairman of the board of commissioners, giving the amount and date of said such payments, and the persons to whom paid and for what purposes paid. Said clerk shall also keep a book showing a full and detailed statement of all accounts and other indebtedness, contracted by the board of commissioners. All the books, files and records required to be used or kept in the office of the board of commissioners shall always be ready and open to inspection of any taxpayer of the county during normal working hours. Said clerk before

Page 2645

entering on the discharge of his duties shall be required to give bond and take the same oath as required by commissioners which bond shall be in the sum of $1,000.00, payable to the said board of commissioners for the faithful performance of his duties; said clerk shall hold said office at the pleasure of the board of commissioners. Clerk. Section 6. (a) The chairman of the board of commissioners shall be the chief administrative officer of the county and shall devote his full time to the duties of his office. The chairman shall receive an annual salary of $9,600.00 payable in equal monthly installments from the funds of Fannin County. Salaries. (b) The members of the board of commissioners other than the chairman shall each receive the sum of $100.00 per month payable from the funds of Fannin County. Section 7. Said board of commissioners of Fannin County shall have exclusive jurisdiction and control over the following matters, to-wit: In controlling all of the property belonging to said county as they may deem expedient according to law, including the proceeds of the sale of any and all bonds which may have heretofore been authorized or which may hereafter be authorized in said county; in supervising tax collector's and tax receiver's books; in allowing the insolvent list of the county; in settling all claims and accounts of officers having the care, management or disbursement of funds belonging to the county, and in bringing them to settlement; in providing for the poor of the county; and for the promotion of health as granted by law or not inconsistent with law; to levy taxes for county purposes; to examine the tax digest of said county, for the correction or errors; in regulating or fixing license fees, as may be provided by the law; in maintaining the county chaingang on the public roads or public works of the county as provided by law, such as superintendents, wardens, guards of convicts and district road overseers; in fixing the amount of commutation tax on the number of days work to be performed in lieu of said tax and the fixing the per diem of road overseers as said Board may deem best for the interest of the county; in fixing the time when said commutation

Page 2646

tax shall be paid or the work performed, in trying road defaulters in accordance with law; and to have and exercise all the power heretofore vested in the ordinary of said county when sitting for county purposes, and to exercise such other powers and duties as are now or as may hereafter be provided by law for governing authorities of counties, by whatever name called, or as may be indispensable to their jurisdiction over county matters and county finances. Powers. Section 8. The treasurer of Fannin County or depository of said county shall not disburse or pay out any funds from the county treasury on any order unless the same shall have been approved and signed by the chairman of the board of commissioners; provided this requirement shall not apply to the jury script issued by the clerk of the superior court and orders drawn by the judge of the superior court and district attorney. When the chairman is necessarily absent and cannot perform his duties, either of the other two commissioners may approve disbursements of county funds. Treasurer, etc. Section 9. It shall be the duty of the board of commissioners to prepare and submit to the grand jury, at both spring and fall terms of the superior court of Fannin County, a report which shall show the ad valorem taxes collected from each militia district of said county, and all other taxes collected in each militia district and an itemized statement of all receipts and expenditures, and the source from whence received, and from whom received, and to whom paid and for what purpose same was expended and the vouchers therefor, and also the number and names of parties to whom paid with correct itemized amounts so received and paid out. Reports to grand juries. Section 10. It shall be the further duty of said board of commissioners, immediately after each term of the superior court of said county, to have published in the official organ of Fannin County a full and complete itemized statement of the county finances. The cost of such publication shall be paid from county funds. Same, publication. Section 2. It shall be the duty of the ordinary of Fannin County to issue the call for an election for the purpose of submitting this Act to the voters of Fannin County for approval

Page 2647

or rejection. The ordinary shall set the date of such election for the day upon which the general election conducted in 1970 shall be held. The ordinary 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 Fannin County. The ballot shall have written or printed thereon the words: For approval of the Act creating a Board of Commissioners of Fannin County to consist of a Chairman and two other members and providing for their election and powers and duties. Referendum. Against approval of the Act creating a Board of Commissioners of Fannin County to consist of a Chairman and two other members and providing for their election and powers and duties. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, as hereinafter provided, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Fannin County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. The provisions of quoted sections 1 and 3 through 10 of section 1 of this Act shall become effective on January 1, 1973. The provisions of quoted section 2 of section 1 of this Act shall become effective in accordance with the provisions of said section for the purpose of electing the first members of the board of commissioners of Fannin County created by this Act and shall become of full force and effect on January 1, 1973. Until that time, however, section 2 of the Act approved August 10, 1920 (Ga. L. 1920,

Page 2648

p. 519), as amended, by an Act approved March 30, 1937 (Ga. L. 1937, p. 1327), shall continue in full force and effect except as otherwise provided in section 4 of this Act. Effective date. Section 4. The provisions of section 3 of this Act to the contrary notwithstanding, in the event the office of commissioner of roads and revenues of Fannin County becomes vacant by death, resignation or otherwise prior to January 1, 1973, the ordinary of Fannin County shall issue the call for a special election for the purpose of electing the members of the board of commissioners of Fannin County created by this Act. Said members shall be elected in the manner prescribed by quoted section 2 of section 1 of this Act and shall hold office until December 31, 1972. Their successors shall be elected in accordance with the provisions of quoted section 2 of section 1 of this Act. In such event, this Act shall become of full force and effect upon the members of said board of commissioners elected at such special election taking office. Any special election held pursuant to this section shall be held and conducted in the manner prescribed by law for special elections. Same. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation: Notice is hereby given that there will be introduced in the General Assembly of Georgia at the regular 1969 session a local bill affecting Fannin County. The bill will pertain to the office of the Commissioner of Roads and Revenues. To repeal conflicting laws and for other purposes. This 10th day of February, 1969. Maylon London 50th District, State Senator.

Page 2649

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Maylon K. London who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of notice of intention to introduce local legislation was published in the Fannin County Times which is the official organ of Fannin County, on the following dates: February 13, 20, 27, 1969. /s/ Maylon K. London Senator, 50th District. Sworn to and subscribed before me this 10th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 15, 1969. CITY OF THOMASTONCORPORATE LIMITS. No. 264 (House Bill No. 265). An Act to amend an Act creating a new charter for the City of Thomaston, approved March 15, 1933 (Ga. L. 1933, p. 1070 et seq.), as amended, to change and extend the present corporate limits of said city and to describe new territory to become a part of the said City of Thomaston; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the Act of the General Assembly of Georgia, approved March 15, 1933, (Ga. L. 1933, p. 1070 et seq.), entitled An Act to amend, consolidate, and supersede the

Page 2650

several Acts incorporating the City of Thomaston in the County of Upson, State of Georgia; to create a new charter and municipal government for said city; to define the corporate limits of said city, etc., as amended, be, and the same is hereby, amended by adding to section 4. of said Act, defining the corporate limits of said city, an additional paragraph as a part of said section 4. of said Act, to read as follows: The following described territory which is contiguous to the existing limits of the City of Thomaston shall be a part of said City of Thomaston and included in its corporate limits, to-wit: Tract No. 1: All that certain tract or parcel of land situate, lying and being in Land Lots Nos. 191 and 184 of the 10th Land District of Upson County, Georgia, and more particularly described as follows, to-wit: Beginning at the point of intersection of the original municipal corporate limit line (which original corporate limit is a [UNK] mile radius from the center of the courthouse in Thomaston, Georgia) and the South side of Triune Mill Road and run thence easterly along the south side of Triune Mill Road to the west land lot line of said Land Lot No. 184; thence south along the land lot shown on that certain plat of survey, which plat is of record in plat book 5, page 186, clerk's office, superior court, Upson County, Georgia, reference to which plat, as so recorded, is here made in aid of this description; thence south 1 degree 20 minutes 32 seconds east 1500.0 feet; thence north 88 degrees 39 minutes 28 seconds east 1151.92 feet; thence north 00 degrees 0.2 minutes 03 seconds east to the north side of Triune Mill Road; thence northwesterly and westerly along the north side of Triune Mill Road to the point where the original municipal corporate limit line of the City of Thomaston, Georgia, intersects the north side of said Triune Mill Road; and thence southwesterly along said original municipal corporate limit line of said City of Thomaston, Georgia to the point of beginning. Tract No. 2: All that certain tract or parcel of land situate, lying and being in Land Lot Nos. 218 and 219 of the 10th

Page 2651

Land District of Upson County, Georgia, being contiguous to the current existing municipal corporate limit line of the City of Thomaston, Georgia, and more particularly described as follows, to-wit: Beginning at the point of intersection of the original municipal corporate limit line of the City of Thomaston, Georgia, (which original corporate limit is a [UNK] mile radius from the center of the Courthouse in Thomaston, Georgia), with the west side of Dianne Drive and run thence southeasterly along said original municipal corporate limit line of said City of Thomaston to the point of intersection of said original municipal corporate limit line with the north side of Block A of Southern Heights subdivision (a plat of which subdivision is of record in plat book 1, page 69, clerk's office, superior court, Upson County, Georgia, reference to which plat, as so recorded, is here made in aid of this description) and run thence southwesterly along the north side of said Block A to the northwest corner of Block A (being also the southeast angle of intersection of Barron Avenue and Wiley Street) and continuing thence in a straight line across Barron Avenue to the southwest angle of intersection of Barron Avenue and Wiley Street and continuing thence along the north side of Lot 4, Block C, of said Southern Heights subdivision to the northwest corner of said Lot No. 4 (which point is also the northeast corner of Lot No. 5 of Block C of said Southern Heights subdivision); thence southeasterly along the back or east sides of Lots No. 5 and 6, Block C, of said Southern Heights subdivision, to the southeast corner of said Lot No. 6, Block C, of said Southern Heights subdivision; thence southwesterly along the south side of said Lot No. 6 to the southwest corner of said Lot No. 6, Block C of said Southern Heights subdivision (which point is also the east side of Dianne Drive); thence southeasterly along the front or west side of Lot No. 7, Block C of said Southern Heights subdivision to the southwest corner of said Lot No. 7 (which point is also the northwest corner of Lot No. 8, Block C of Southern Heights subdivision); thence northeasterly along the north side of said Lot No. 8, Block C of said Southern Heights subdivision to the northeast corner of said Lot No. 8, Block C of said Southern Heights subdivision; thence southeasterly along the back or east side of said Lot No. 8, Block C, said Southern Heights subdivision, to the southeast corner of said

Page 2652

Lot No. 8 (which point is also the north side of Veteran Drive); thence westerly along the south side of said Lot No. 8 (which is also the north sid of Veteran Drive) to the southwest corner of said Lot No. 8, Block C of said Southern Heights subdivision (which point is also the northeast angle of intersection of Veteran Drive and Dianne Drive); continuing thence in a straight line across Dianne Drive to the northwest angle of intersection of Veteran Drive and Dianne Drive; and thence northerly along the west side of Dianne Drive to the point of beginning. Tract No. 3: All that certain tract or parcel of land situate, lying and being in Land Lot Nos. 224, 225, 252 and 253 of the 10th Land District of Upson County, Georgia, and more particularly described as follows, to-wit: Beginning at a point on the south side of Georgia State Highway No. 36 at the point of intersection of the west side of Old Talbotton Road with the current municipal corporate limit line of the City of Thomaston, Georgia, and run thence southeasterly and southerly along the west side of said Old Talbotton Road a distance of 1915 feet; thence south 88 degrees 10 minutes west 610 feet; thence north 53 degrees 10 minutes west 375 feet; thence north 23 degrees 10 minutes west 235 feet; thence south 85 degrees 20 minutes west 770 feet; thence north 4 degrees 40 minutes west a distance of approximately 515 feet to the center of Georgia Power Company's transmission line; thence south 85 degrees 20 minutes west approximately 2270 feet to the center line of Town Branch; thence northwesterly and northerly along the center line of Town Branch, and following the meanderings of same, a distance of approximately 805 feet to the current municipal corporate limit line of the City of Thomaston, Georgia, which runs along the south side of Georgia State Highway No. 36; thence easterly along said current municipal corporate limit line a distance of approximately 1115 feet to the northwest corner of that certain tract of land conveyed to Providence Development Co., Inc. by deed of James R. Davis, Jr. et al., dated March 2, 1966, and of record in deed book 198, page 404, clerk's office, superior court, Upson County, Georgia; thence south 1 degree 00 minutes west 417.42 feet; thence south 89 degrees 00 minutes east 417.42 feet; thence north 1 degree 00 minutes east 417.42

Page 2653

feet; and thence easterly along the said current municipal corporate limit line which runs along the south side of said State Highway No. 36 a distance of approximately 2145 feet to the point of beginning. Section 2. All laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969, session of the General Assembly of Georgia a Bill to amend the Act creating a new charter for the City of Thomaston, approved March 15, 1933 (Ga. L. 1933, p. 1070 et seq.), as amended, so as to change and extend the corporate limits of said city; and for other purposes. This 26th day of December, 1968. Johnnie L. Caldwell Post No. 1, Representative in the General Assembly for 39th House District of Georgia J. R. Smith Post No. 2, Representative in the General Assembly for 39th House District of Georgia Georgia, Upson County: Before me, the undersigned officer authorized to administer oaths, personally appeared Leon Smith, who, on oath, says that he is the duly authorized agent of Thomaston Publishing Company, the publisher of The Thomaston Times, a newspaper published in the City of Thomaston, Upson County, Georgia, being of general circulation and being the newspaper in which sheriff's advertisements for Upson County, Georgia, are published, who certifies that legal notice, a true copy of which is hereto attached, being a notice of intention to introduce local legislation, was duly published in The

Page 2654

Thomaston Times once a week for three (3) weeks as required by law, said dates of publication being January 2, 1969, January 9, 1969, and January 16, 1969. Thomaston Publishing Company /s/ Leon Smith Sworn to and subscribed before me, this 17th day of January, 1969: /s/ Claudia K. Carswell Notary Public, Upson County, Georgia. My Commission expires March 27, 1970. (Seal). Approved April 15, 1969. BARROW COUNTYSALARY OF CLERK OF BOARD OF COUNTY COMMISSIONERS. No. 265 (House Bill No. 444). An Act to amend an Act creating a board of commissioners for Barrow County approved March 10, 1937 (Ga. L. 1937, p. 1240), as amended particularly by Acts approved December 22, 1937 (Ga. L. 1937-38, Ex. Sess., p. 756), March 25, 1947 (Ga. L. 1947, p. 569), March 9, 1955 (Ga. L. 1955, p. 3360), February 13, 1956 (Ga. L. 1956, p. 2062), April 5, 1961 (Ga. L. 1961, p. 2876), and by an Act approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2235), so as to change the provision relating to the compensation of the clerk of the board of county commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners for Barrow County approved March 10, 1937 (Ga. L. 1937, p. 1240), as amended particularly by Acts approved December 22, 1937 (Ga. L. 1937-38, Ex. Sess., p. 756), March 25, 1947

Page 2655

(Ga. L. 1947, p. 569), March 9, 1955 (Ga. L. 1955, p. 3360), February 13, 1956 (Ga. L. 1956, p. 2062), April 5, 1961 (Ga. L. 1961, p. 2876), and by an Act approved June 30, 1964, (Ga. L. 1964, Ex. Sess., p. 2235), is hereby amended by striking from the second paragraph of section 11 the figure $2,600 and the figure $3,200 and inserting in lieu thereof the figure $3,800 and the figure $4,200 respectively, so that when so amended the second paragraph of section 11 shall read as follows: The said commissioners shall elect a clerk whose duty shall be to keep a full and accurate record of all the actions and doings of the said board of commissioners at the court-house of said county, and he shall be furnished an exclusive office for that purpose, which records shall be opened for the inspection of the public at all times during office hours and when the said board is not in session he shall perform such other duties and keep such records as required by law or may be required of him by said board, and for his services he shall receive a sum of not less than $3,800 per annum nor more than $4,200 per annum, the actual amount to be determined by the board of commissioners, payable monthly by the treasurer of the said county, and with the further provision that the said clerk shall not be a member of the board of commissioners and shall give his entire time to the work of his office. The commissioners shall also be allowed $600 per annum from the funds of Barrow County for extra clerical assistance. Clerk. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned will request the Representative of the 14th House District of the General Assembly of Georgia to introduce in the regular 1969 session of the General Assembly a bill to amend the Act placing certain county officers of Barrow County on an annual salary in lieu of the fee system of compensation approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2235), as amended, so as

Page 2656

to change the provision relating to the compensation of the clerk of the board of county commissioners of Barrow County and for other purposes. This 13th day of January, 1969. Board of Commissioners, Barrow County J. B. Lay, Chairman Ray Kilgore, Member Julian Tillman Segars, Member Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James W. Paris who, on oath, deposes and says that he is Representative from the 14th District, and that the attached copy of notice of intention to introduce local legislation was published in The Winder News which is the official organ of Barrow County, on the following dates: January 1, 8, 15, 1969. /s/ James W. Paris Representative, 14th District Sworn to and subscribed before me, this 5th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 15, 1969.

Page 2657

RICHMOND COUNTYTRAFFIC ORDINANCES. No. 266 (House Bill No. 469). An Act to authorize the governing authority of Richmond County to enact traffic ordinances and regulations to police the movement of vehicles and the flow of traffic in the unincorporated areas of said county; to authorize the governing authority to prescribe penalties for the violation of such ordinances and regulations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of Richmond County is hereby authorized to enact traffic ordinances and regulations to police the movement of vehicles and the flow of traffic in the unincorporated areas of Richmond County for the purpose of protecting and preserving the health, safety, and welfare of the citizens thereof as it may deem advisable, not in conflict with the general laws of this State or the United States. Section 2. The governing authority of said county is further authorized to prescribe penalties for the violation of such ordinances and regulations, not in conflict with the general laws of this State or the United States. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1969 Session of the General Assembly of Georgia, a bill to authorize the governing authority of Richmond County to enact traffic ordinances and regulations to police the movement of vehicles and the flow of traffic in the unincorporated areas of said county; to authorize said governing authority to prescribe penalties for the violation of such ordinances and regulations; and for other purposes. This 17th day of January, 1969. John H. Sherman, Jr.

Page 2658

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable John H. Sherman, Jr. who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of notice of intention to introduce local legislation was published in the Augusta Herald which is the official organ of Richmond County, on the following dates: January 22nd, 29th, 1969; February 5th, 1969. /s/ John H. Sherman, Jr. Representative, 80th District Sworn to and subscribed before me, this 24 day of February, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 15, 1969. CITY OF ROMEINVESTMENT OF RETIREMENT SYSTEM FUNDS. No. 267 (House Bill No. 478). An Act to amend an Act creating a new charter and municipal government for the City of Rome approved August 19, 1918 (Ga. L. 1918, pp. 813-885) as amended, and especially to amend section 7 of an Act approved February 16, 1943, (Ga. L. 1943, p. 1560) creating the Rome retirement fund, so as to provide that excess funds therein may be invested subject to the restrictions placed upon investments of domestic life insurance companies; to authorize the employment of agents for advisory and investment purposes; to repeal conflicting provisions; and for other purposes.

Page 2659

Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same; Section 1. That section 7 of an Act approved February 16, 1943, (Ga. L. 1943, p. 1560) creating the Rome retirement fund be, and the same is hereby amended by striking section 7 in its entirety and substituting in lieu thereof a new section 7 to read as follows: Section 7. In the event there should accumulate funds in said retirement fund in excess of the amount necessary to meet the general immediate needs in the administration of said fund, the board of trustees shall have full power to invest and re-invest such funds subject to all the terms, conditions, limitations and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies in the making and disposing of their investments. Subject to said terms, conditions, limitations and restrictions, said board shall have full power to hold, purchase, sell, assign, transfer and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the said fund. Said board's power hereinbefore set out shall likewise be subject to the provisions of the law relating to the Georgia Real Estate Investment Board. The board shall have power to employ an agent or agents, including, but not limited to, banks or trust departments thereof, and to enter into contracts therewith to engage such agent or agents to act as investment advisors and counselors, making recommendations for investments and making investments if the board so authorizes. Section 2. That all laws and parts of laws in conflict herewith be, and the same are hereby, repealed. Section 3. That the published notice and accompanying affidavit attached hereto be, and the same are hereby, by reference, made a part of this Bill. Notice of Intention to Introduce Local Legislation. Pursuant to Article III, Section VII and Paragraph XV of the Constitution of Georgia of 1945.

Page 2660

Notice is hereby given that during the 1969 session of the Georgia General Assembly, a bill will be introduced to amend Georgia Laws 1943, Act No. 85, section 10 (section 92 of the charter of the City of Rome, Georgia) to provide for and regulate the investment of excess funds in the city employee retirement fund; to authorize the employment of agents for advisory and investment purposes; to repeal conflicting provisions; and for other purposes. Sam Doss Senator, 52nd District Sidney Lowrey Representative, Ninth District, Post 1 Charles Graves Representative, Ninth District, Post 2 E. B. Toles Representative, Ninth District, Post 3 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Graves who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of notice of intention to introduce local legislation was published in the Rome News-Tribune which is the official organ of Floyd County, on the following dates: January 10, 17, 24, 1969. /s/ Charles Graves Representative, 9th District Sworn to and subscribed before me, this 13th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 15, 1969.

Page 2661

BUTTS COUNTYTAX RECEIVER PLACED ON SALARY BASIS. No. 268 (House Bill No. 492). An Act to abolish the present mode of compensating the tax receiver of Butts County, known as the fee system; to provide in lieu thereof an annual salary for such officer; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of a deputy tax receiver; to provide for the compensation for such deputy; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the tax receiver of Butts County, known as the fee system, is hereby abolished, and in lieu thereof an annual salary for such officer is prescribed as hereinafter provided. Salary basis. Section 2. The tax receiver shall receive an annual salary of $3,600, payable in equal monthly installments from the funds of Butts County. Salary. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed as compensation for services in any capacity in his office, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of such monthly payment into the county treasury, said officer shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding

Page 2662

month by such officer and paid into the county treasury. The statement shall show the amount of money collected and the source thereof. Fees. Section 4. The tax receiver and the governing authority of Butts County are hereby authorized to appoint a deputy tax receiver who shall serve also as clerk to the tax assessor. The deputy tax receiver is authorized to perform the same duties and functions as the tax receiver. The compensation of the deputy tax receiver shall be in an amount set by the governing authority of Butts County. Deputy. Section 5. The necessary operating expenses of the office of tax receiver shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of the office of tax receiver shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements for the office of tax receiver shall be at the sole discretion of the governing authority of Butts County. Office expenses. Section 6. The official bond of the tax receiver and the deputy, as may be required by law, shall be procured by the tax receiver, and the premiums and costs thereof shall be paid out of any county funds available for that purpose. Bonds. Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969 Session of the General Assembly of Georgia, a bill to abolish the present mode of compensating the tax receiver of Butts County, known as the fee system, and to

Page 2663

provide in lieu thereof an annual salary for such officer; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the employment of a deputy tax receiver; and for other purposes. This 28th day of January, 1969. Alfred D. Fears, Chairman D. W. Bailey, Member Hammond Barnes Member Board of Commissioners of Butts County, Georgia Harold G. Clarke Representative, 33rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold G. Clarke who, on oath, deposes and says that he is Representative from the 33rd District, and that the attached copy of notice of intention to introduce local legislation was published in the Jackson Progress-Argus which is the official organ of Butts County, on the following dates: January 16, 23, 30, 1969. /s/ Harold G. Clarke Representative, 33rd District Sworn to and subscribed before me, this 17th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 15, 1969.

Page 2664

BUTTS COUNTYCOSTS IN CRIMINAL COURT. No. 269 (House Bill No. 493). An Act to provide that certain costs in criminal cases shall be used for the purpose of maintaining the Butts County courthouse; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all criminal cases and quasi-criminal cases heard in the superior court of Butts County, wherein a fine, which shall be construed to include costs, is collected, or wherein a bond, which shall be construed to include costs, is forfeited and collected, the sum of $5.00 for each case so disposed shall be paid to the treasurer of Butts County. Such sum remitted to the treasurer under the provisions of this Act shall be used for the purpose of maintaining the Butts County courthouse. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969 Session of the General Assembly of Georgia, a bill to provide that certain costs in criminal cases in which there is a fine shall be used for maintenance of the Butts County courthouse; and for other purposes. This 28th day of January, 1969. Alfred D. Fears, Chairman D. W. Bailey, Member
Page 2665

Hammond Barnes Member Board of Commissioners of Butts County, Georgia Harold G. Clarke Representative, 33rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold G. Clarke who, on oath, deposes and says that he is Representative from the 33rd District, and that the attached copy of notice of intention to introduce local legislation was published in the Jackson Progress-Argus which is the official organ of Butts County, on the following dates: January 16, 23, 30, 1969. /s/ Harold G. Clarke Representative, 33rd District Sworn to and subscribed before me, this 17th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 15, 1969. CHARLTON COUNTY BOARD OF EDUCATIONREFERENDUM. No. 272 (House Bill No. 585) An Act to provide for the election of the members of the board of education of Charlton County; to extend the terms of office of certain present members of the board;

Page 2666

to provide for numbering of positions on the board; to provide for education districts; to provide for residency qualifications for members; to provide for filling vacancies; to provide that the members of the board of education shall appoint the Charlton County school superintendent; to provide for a chairman of the board of education; to provide for a referendum; to repeal conflicting laws; and for other purposes Be it enacted by the General Assembly of Georgia: Section 1. The board of education of Charlton County shall be composed of five members. The members of the board of education of Charlton County shall be elected as the terms of office of those members presently occupying the five positions on the board shall expire as provided for hereinafter. Members, etc. Section 2. The term of office of that position on the board presently occupied by Basil Crews shall expire on December 31, 1972, and such position is designated as Post No. 1. Terms. The term of office of that position on the board presently occupied by Raymond Pankratz shall expire on December 31, 1970, and such position is designated as Post No. 2. The term of office of that position on the board presently occupied by Ethel Gowen shall expire on December 31, 1972, and such position is designated as Post No. 3. The term of office of that position on the board presently occupied by Charles Rauleson shall expire on December 31, 1970, and such position is designated as Post No. 4. The term of office of that position on the board presently occupied by Alfred Thirft shall expire on the 31st day of December in 1974, and such position is designated as Post No. 5. The above members of the board and their successors shall continue to serve as members of the board of education

Page 2667

of Charlton County until such time as is provided for above and until their successors are duly elected and qualified as hereinafter provided. Section 3. As the terms of office shall expire as provided in section 2, successors of the present members of the board of education of Charlton County, serving at the time of the approval of this Act, shall be elected in the general election which is conducted in that year in which the respective term of office shall expire. Candidates elected to office shall take office on the first day of January following their election and they shall serve for a term of office of four (4) years and until their successors are duly elected and qualified. Election, etc. Section 4. For the purposes of electing members to the board of education of Charlton County, Charlton County is hereby divided into five education districts to be composed of that territory embraced within the following militia districts within Charlton County: Districts. District No. 1Militia District No. 1193 (Uptonville) and Militia District No. 1354 (Winokur). District No. 2Militia District No. 32 (Folkston). District No. 3Militia District No. 1142 (Traders Hill). District No. 4Militia District No. 959 (St. George). District No. 5Militia District No. 1220 (Moniac). Section 5. Candidates for election to the board shall designate by number that position on the board for which they offer as a candidate. In order to be eligible to offer for election to the board, a candidate must be a resident of the education district which corresponds by number to that numbered position on the board for which he offers as a candidate. All of the electors of Charlton County shall be eligible to vote for candidates offering for election to the board. Elections.

Page 2668

Section 6. Vacancies which occur on the board, other than by the regular expiration of a term of office, shall be filled by the remaining members of the board electing a successor who shall be a resident of the education district in which the vacancy shall occur to serve out the unexpired term of office. Vacancies. Section 7. The Charlton County school superintendent serving at the time of the approval of this Act shall continue to serve out the term of office to which he was elected. At the expiration of his term of office, the members of the board of education of Charlton County shall appoint the Charlton County school superintendent. The appointed superintendent shall receive such compensation as shall be fixed by the board, and he shall serve at the pleasure of the board. Superintendent. Section 8. At the first meeting of the board conducted in each odd numbered year, the board shall elect one of the members thereof to serve as chairman for the ensuing two years. Chairman. Section 9. Not less than 15 nor more than 60 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Charlton County to issue the call for an election for the purpose of submitting this Act to the voters of the Charlton County school district for approval or rejection. The ordinary shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The ordinary 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 Charlton County. The ballot shall have written or printed thereon the words: For approval of the Act providing for the election of members of the Board of Education of Charlton County after the expiration of the terms of office of the present members, and providing that after the expiration of the present term of office of the Charlton County School

Page 2669

Superintendent, the Charlton County School Superintendent shall be appointed by and serve at the pleasure of the Charlton County Board of Education. Referendum. Against approval of the Act providing for the election of members of the Board of Education of Charlton County after the expiration of the terms of office of the present members, and providing that after the expiration of the present term of office of the Charlton County School Superintendent, the Charlton County School Superintendent shall be appointed by and serve at the pleasure of the Charlton County Board of Education. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Charlton County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to provide that the members of the board of education of Charlton County shall be elected by the people; to provide that the county school superintendent of Charlton County shall be appointed by the school board; to provide all of the procedures connected therewith; to provide for the submission of such legislation to the people for a vote of

Page 2670

approval or disapproval by referendum; and for other purposes. This 31st day of January, 1969. Robert W. Harrison, Jr. State Representative 66th Legislative District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert W. Harrison, Jr. who, on oath, deposes and says that he is Representative from the 66th District, and that the attached copy of notice of intention to introduce local legislation was published in the Charlton County Herald which is the official organ of Charlton County, on the following dates: February 6, 13, 20, 1969. /s/ Robert W. Harrison, Jr. Representative, 66th District. Sworn to and subscribed before me, this 24th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 15, 1969. PUTNAM COUNTYACT PLACING SHERIFF ON SALARY BASIS AMENDED, REFERENDUM. No. 273 (House Bill No. 599). An Act to amend an Act placing the sheriff, clerk of the superior court, the ordinary, the tax collector and the tax receiver of Putnam County on a salary basis, approved February 27, 1962 (Ga. L. 1962, p. 2440), so as

Page 2671

to change the compensation of the sheriff; to provide for two deputies for said sheriff and to fix their compensation; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff, clerk of the superior court, the ordinary, the tax collector and the tax receiver of Putnam County on a salary basis, approved February 27, 1962 (Ga. L. 1962, p. 2440), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The sheriff of Putnam County shall be compensated in the amount of nine thousand dollars ($9,000.00) per annum, to be paid in equal monthly installments from the funds of Putnam County. Such compensation shall be in lieu of all fees, costs, and perquisites of whatever kind heretofore received by said sheriff. The sheriff shall appoint two deputies, one of whom shall be compensated in an amount not to exceed five thousand, four hundred dollars ($5,400.00) per annum, and one of whom shall be paid an amount not to exceed four thousand, eight hundred dollars ($4,800.00) per annum. The compensation for the deputies shall be set solely in the discretion of the Putnam County commissioners of roads and revenues, and shall be paid in equal monthly installments from the funds of Putnam County. The commissioners of roads and revenues shall have the discretion of whether to furnish the sheriff with an automobile and his necessary expenses connected therewith or to pay ten cents (10) per mile as mileage expense for the use of the sheriff's personal automobile in discharging the official duties of his office only. The sheriff shall receive from county funds, for each prisoner confined in the common jail, one dollar ($1.00) per meal to feed said prisoners. Sheriff and deputies. Section 2. Not less than 15 nor more than 20 days after the date of the approval of this Act by the Governor, or after the date it becomes law without his approval, it shall be the

Page 2672

duty of the ordinary of Putnam County to issue the call for an election for the purpose of submitting this Act to the voters of Putnam County for approval or rejection. The ordinary shall set the date of such election for a date not less than 30 nor more than 45 days after the date of the issuance of the call. Such date shall be the same date which he sets for a referendum relative to the salary of the clerk of the superior court of Putnam County. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Putnam County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act changing the compensation of the sheriff of Putnam County and providing for two deputies for the sheriff be approved? Referendum. All persons desiring to vote for approval of the Act shall vote Yes. All persons desiring to vote against approval of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect on the first day of the month following the month in which the election is held, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Putnam County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the laws governing special elections. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation Georgia, Putnam County. Notice is hereby given that a local bill will be introduced in the 1969 Session of the General Assembly of Georgia to amend acts setting the salaries of the county officials of

Page 2673

Putnam County and creating an additional deputy for the sheriff of said county and setting their salaries so as to set an effective date for the changes and to repeal conflicting laws and for other purposes and so as; 1. To set the salary of the ordinary of Putnam County at $6,000.00 per annum. 2. To set the salary of the sheriff of Putnam County at $9,000.00 and to provide two deputies for said officer at maximum salaries of $5400.00 and $4800.00 each. 3. To set the Putnam County tax commissioner's salary at $11,000.00 per annum in lieu of all other fees and commissions and to provide a clerk for this office at a maximum of $3,600.00 per year. 4. To set the salary of the clerk of superior court of Putnam County at $7500.00 per year, and a salary of $3000.00 per year for a deputy clerk. 5. To set the salary of the clerk of the Putnam County commissioners at $4200.00 per annum. 6. To set the salary of the chairman of the Putnam County Commissioners at $3600.00 per annum, and the other two members salaries at $1800.00 per annum each. This the 14th day of January, 1969. Marvin E. Moate Representative, 39th District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Marvin E. Moate who, on oath, deposes and says that he is Representative from the 39th District, and that the attached copy of notice of intention to introduce local legislation was published in the Eatonton Messenger which is the

Page 2674

official organ of Putnam County, on the following dates: January 16th, 23rd, 30th, 1969. /s/ Marvin E. Moate Representative, 39th District Sworn to and subscribed before me, this 24th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal) Approved April 15, 1969. CITY OF TIFTONCORPORATE LIMITS, REFERENDUM. No. 274 (House Bill No. 617). An Act to amend an Act creating a new charter for the City of Tifton, approved August 14, 1920 (Ga. L. 1920, p. 1625), as amended, particularly by an Act approved March 1, 1939 (Ga. L. 1939, p. 1360), and an Act approved March 17, 1958 (Ga. L. 1958, p. 2696), so as to extend the corporate limits of the City of Tifton; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Tifton, approved August 14, 1920 (Ga. L. 1920, p. 1625), as amended, particularly by an Act approved March 1, 1939 (Ga. L. 1939, p. 1360), and an Act approved March 17, 1958 (Ga. L. 1958, p. 2696), is hereby amended by adding thereto the following:

Page 2675

In addition to the area now embraced within the corporate limits of the City of Tifton, the following described area and property shall likewise be embraced within the corporate limits of said city, so that the corporate limits of the City of Tifton will be defined, located, and described as follows: Beginning at the northwest corner of land lot 215 of the 6th land district of Tift County, Georgia, thence from such beginning point run southward along the west land lot lines of land lots 215, 246 and 261 to the northeast corner of land lot 293, thence run westward along the north land lot line of said land lot 293 to the northwest corner of such land lot, thence run south along the west land lot lines of land lot 293, 306 and 339 to the southwest corner of land lot 339, thence run east along the south land lot lines of land lots 339, 338 and 337 to the east right of way line of Interstate Highway 75, thence run southeastward along the east right of way of Interstate Highway 75 across land lot 355 to the intersection of such right of way with the center of Whiddon Road, thence run east along the center of Whiddon Road to the center of U.S. Highway 41, thence run east along the center of Southwell Boulevard to its intersection with the east right of way of the Georgia, Southern and Florida Railway Company, thence run northward along such right of way line to its intersection with the east right of way line of U.S. Highway 41, thence run northeastward and thence northwestward along the east right of way line of U.S. Highway 41 to its intersection with the south land lot line of land lot 335, thence run east along the south land lot line of land lot 335 and the south land lot line of land lot 334 to the southeast corner of land lot 334, thence run northward along the east land lot lines of land lots 334, 311, 288, 265, 242 and 219 to the northeast corner of land lot 219, thence run westward along the north land lot lines of land lots 219, 218, 217, 216 and 215 to the northwest corner of land lot 215, which is the point of beginning, all of said land lots being in the 6th Land District of Tift County, Georgia. Corporate limits. Section 2. Not less than 20 nor more than 30 days after the date of the approval of this Act by the Governor, or

Page 2676

after it otherwise becomes law, it shall be the duty of the clerk of the City of Tifton to issue the call for an election for the purpose of submitting this Act to the voters registered to vote in elections of the City of Tifton, and to those voters who are registered to vote for members of the General Assembly and who reside in the area proposed to be annexed to the present corporate limits of the City of Tifton, for approval or rejection. The said clerk shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The said clerk shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of the City of Tifton. The ballot shall have written or printed thereon the following: For approval of the Act extending the corporate limits of the City of Tifton. Referendum. Against approval of the Act extending the corporate limits of the City of Tifton. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of all votes cast on such question by the voters residing within the present corporate limits of the City of Tifton, and if more than one-half of all votes cast on such question by the voters residing within the territory proposed to be annexed are for approval of this Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Tifton. It shall be the duty of the clerk of the City of Tifton to hold and conduct such election. He shall hold the election under the same laws and rules and regulations that govern municipal special elections. It shall be the duty of the said clerk to canvass the returns and to declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. Any person who owns real property in the area proposed to be annexed to the present corporate limits

Page 2677

of the City of Tifton by section 1, but does not reside in said area and is authorized to vote in elections held in Tift County for the purpose of electing members of the General Assembly, is hereby authorized to vote in the election provided for by section 2. Any such person shall be eligible to vote by submitting proof of ownership of such property to the clerk of the City of Tifton and registering with said clerk within ten days of said election. Ownership of such property may be proved by a deed to such property or by a receipt showing that 1968 ad valorem taxes were paid on such property. The clerk shall prepare a list for record, of such persons who qualify to vote with him pursuant to the provisions of this section. For the purpose of determining the outcome of the election, votes cast by persons authorized to vote pursuant to this section shall be counted with and the totals included with the totals of votes cast in said election by those persons residing in the area proposed to be annexed. Under no circumstances shall this section be construed to allow any person to cast more than one vote in such election. Electors. Section 4. In the event this Act is approved by the voters residing within the present corporate limits of the City of Tifton, and by the voters residing within the area proposed to be annexed to the present corporate limits of the City of Tifton, it shall become effective on the 1st day of January, 1970. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned will introduce a Bill in the 1969 session of the General Assembly of Georgia to increase the city limits of the City of Tifton; to provide for a dual referendum and for other purposes. This 1st day of February, 1969. Henry W. Bostick Representative 63rd District

Page 2678

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry W. Bostick who, on oath, deposes and says that he is Representative from the 63rd District, and that the attached copy of notice of intention to introduce local legislation was published in The Tifton Gazette which is the official organ of Tift County, on the following dates: February 6, 13, 20, 1969. /s/ Henry W. Bostick Representative, 63d District Sworn to and subscribed before me, this 25th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal) Approved April 15, 1969. MUSCOGEE COUNTYRECORDER'S COURT, ORDINANCE. No. 275 (House Bill No. 633). An Act to amend the Act creating the board of commissioners of Muscogee County, Georgia, to empower the commissioners of Muscogee County to enact ordinances for the policing of the public property, streets, and roads of said county, and the Muscogee County Airport; providing penalties for violations of such ordinances; to authorize the establishment of a county recorder's court, using the offices and facilities of the Municipal Court of Columbus; to authorize the licensing of businesses and levying of license taxes; to repeal conflicting laws; and for other purposes.

Page 2679

Be it enacted by the General Assembly of Georgia: Section 1. Recorder's Court Created. Pursuant to the amendment to Article VI, Section 1 of the Constitution of Georgia of 1945 ratified November 5, 1968, (Ga. L. 1968 p. 1526) there is hereby created and established for and in the County of Muscogee a recorder's court to be known as the Recorder's Court of Muscogee County. Section 2. Jurisdiction. Said recorder's court shall have jurisdiction to hear and determine cases involving violation of all county ordinances and regulations, including traffic ordinances and regulations, and to try and dispose of all offenses and offenders against any ordinance adopted by the governing authority of said county. Said court shall have such other and further jurisdiction as is hereinafter set forth, and as may from time to time hereafter be granted by law. Section 3. Jurisdiction over Uniform Traffic Law. The Board of Commissioners of Muscogee County, Georgia may adopt all or such portions of the Uniform Act Regulating Traffic On Highways approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as now or hereafter amended, as county traffic ordinances, as to said board may seem appropriate as traffic ordinances and regulations for said county, and said recorder's court shall have jurisdiction to try and punish such violations thereof by fines not to exceed those set forth in said Uniform Act Regulating Traffic On Highways or in this Act, and by sentences within the limits stated hereinafter in this Act. This section shall not be construed to prohibit the adoption by said Board of Commissioners of traffic regulations different from or in addition to those contained in said Uniform Act Regulating Traffic On Highways where said board is so authorized by other general or local Act. Section 3-A. Limitations of Prosecution. All prosecution for violation of any county ordinances or regulations shall be commenced within one year next after commission of the offense, and at no time thereafter, except that such period of limitations shall not run so long as the offender

Page 2680

or offense is unknown and shall be suspended during such time as such offender may abscond from said county or absent himself therefrom or so conceal himself that he cannot be arrested or summoned to appear before said court. The arrest or service of summons on any such person charging him with such offense shall be deemed the commencement of prosecution for the purpose of this section. Section 4. Recorder Ex-Officio Justice of the Peace; Warrants; Commitments. The judge of the Recorder's Court of Muscogee County shall be to all intents and purposes a justice of the peace so far as to enable him to issue warrants for offenses committed within the limits of Muscogee County, either with or without a hearing, which warrants shall be directed to the Chief of Police of Muscogee County, any policeman thereof, and to all and singular the sheriffs, deputy sheriffs and constables of the State of Georgia, and any one of said officers shall have authority to execute such warrants. Said Judge as ex-officio justice of the peace shall have the power and authority to commit to the jail of Muscogee County offenders against the laws of the State of Georgia and in bailable cases to admit them to bail for their appearance at the next term of a court of competent jurisdiction to be held in and for the County of Muscogee. Said judge may issue such warrants and commit or admit to bail such persons, all without regard to whether or not such offense is alleged to have been committed within or without the corporate limits of any municipality within Muscogee County. Section 5. Judge. The judge of said recorder's court shall be the duly elected judge of the Municipal Court of Columbus. Section 6. Clerk; Duties and Bonds. The Clerk of the Municipal Court of Columbus is directed to be the Clerk of said recorder's court, whose duty it shall be to keep a record of all proceedings of said court, to collect all costs, fines and forfeitures and to remit same within seventy-two (72) hours to the Clerk of Muscogee County or such other person as may be designated by the governing authority of Muscogee County, for deposit in the county depository,

Page 2681

as general funds of Muscogee County. Said Clerk shall further be authorized and empowered to issue summons, subpoenas, rules to forfeit bonds, and such other similar writs as may be by law authorized. Said clerk shall give bond to Muscogee County in the sum of $5,000.00 for the faithful performance of these duties and accounting for all funds coming into his possession by virtue of his office, and to insure the county against loss of any such funds. Said board may elect a sufficient number of deputy clerks as may be needed, who shall give bond in like manner as the clerk. The costs of said bonds shall be paid by Muscogee County. Section 7. Oath of Judge and Clerk. The judge and clerk of said recorder's court shall, prior to entry upon their duties, take an oath to faithfully administer and discharge the duties of their respective offices in accordance with the Constitution and laws of the State of Georgia and the ordinances of Muscogee County. Section 8. Terms and Place of Holding Recorder's Court. Said recorder's court shall be held in the courtrooms of the Municipal Court of Columbus or in the courthouse of Muscogee County and shall be held at such regular or special terms as may be designated by the judge thereof, and to be no less than twice each month, and at such hour or hours of the day or evening as shall be fixed by the judge. Section 9. Acting Recorder. The judge of said recorder's court shall have the authority to designate a practicing attorney having the qualifications herein established for the judge of said court, as acting recorder to serve in his place during his absence or disability, and if the judge of said court should fail to do so after being absent or disabled for a period of seven days or more, the Board of Commissioners of Muscogee County, by majority vote, may designate an acting recorder to serve in his place, the compensation of such acting recorder to be fixed by said board of commissioners. Any such acting recorder, while so serving, shall have the same power and authority herein vested in the judge of said recorder's court.

Page 2682

Section 10. Fines and Punishment. Upon conviction of violation of any of the ordinances, rules or regulations set forth by the governing authority of Muscogee County, the recorder or judge of said court may punish such offender by imposing a fine not in excess of that prescribed by the ordinance or regulation violated and in no event to exceed the sum of one hundred dollars for any single offense, by imprisonment in the county jail for a period not in excess of that prescribed by the ordinance or regulation violated and in no event to exceed thirty days for any single offense, to work in the works gang on the public streets, or on such public works as the county authorities may employ the works gang, not in excess of the time prescribed by the ordinance violated and in no event to exceed thirty days for any single offense, or by any one or more of these punishments in the discretion of the judge of said recorder's court. The Sheriff of Muscogee County shall receive, confine, feed and care for prisoners sentenced by said recorder's court to imprisonment in the county jail in the same manner as persons charged with an indictable offense under general laws of this State and subject to the same penalties for his refusal to receive and take charge of such persons, except that prisoners received under sentence from said recorder's court may be confined separately and apart from other classes of inmates of said jail as the sheriff may, in his discretion, provide and as general laws may require. Section 11. Alternative sentences. Said recorder's court shall have the power and authority to impose fines on persons convicted of any offense within the jurisdiction of said court with the alternative of imposing other punishment allowed by law in case said fines are not paid, and to commit prisoners to the Muscogee County jail or to the public works gang that may be prescribed and maintained by Muscogee County. The Board of Commissioners of Muscogee County shall have power to organize one or more work gangs and confine therein persons who have been sentenced by said recorder's court to work upon the streets or public works of said county, and shall have the power to make rules and regulations that may be suitable or necessary for the care, management or control of said gangs,

Page 2683

and to enforce same through the proper officers of said county. Section 12. Escapes. Any person sentenced to imprisonment in said jail or to work on said works gang by said recorder's court and who escapes therefrom shall be subject to punishment by said recorder's court equal in decree to all or any part of the sentence under which said person was serving at the time of such escape. Section 13. Sentence; Reduction and Review. The judge of said recorder's court shall have the authority to reduce any sentence or fine imposed by him prior to the payment of said fine and execution of said sentence but shall not have the right to grant a new trial. Review of any final order or judgment of said recorder's court shall be by certiorari to the Superior Court of Muscogee County in the manner prescribed by law for certiorari from justice courts and a supersedeas may be obtained by compliance with the procedure set forth in section 19-214 of the Georgia Code and the giving of bond as provided therein, which bond shall be made to Muscogee County. Section 14. Driver's License Suspension. The Recorder's Court of Muscogee County shall have the authority to suspend the drivers' license of any operator or chauffeur convicted in said court of the violation of any traffic ordinance, resolution, rule or regulation of the county, and shall further have the jurisdiction to punish any operator or chauffeur for operating any motor vehicle after suspension of his license in one or more of the ways prescribed herein for punishment for contempt. Section 15. Contempt. The Judge of said recorder's court shall have the power to punish for contempt by fine not exceeding one hundred dollars, imprisonment in the county jail not exceeding ten days, either or both, or any part thereof, in the discretion of said judge. Section 16. Execution for Fines. Execution may issue immediately, where any fine is imposed by the judge of said recorder's court, to be levied upon the goods, chattels,

Page 2684

lands and tenements of the person fined, if the fine is not immediately paid, which execution shall bear teste in the name of the judge of said court, be signed by the clerk of said court and be directed to the Chief of Police of Muscogee County, and to all and singular the sheriffs, deputy sheriffs and constables of the State of Georgia. The Chief of Police of Muscogee County and such members of the Muscogee County Police Department as may be appointed in writing by said chief of police, not to exceed five in number, shall be ex-officio constables for the purpose of levy and sale under all executions issued pursuant to this Act, and such executions shall be levied and sales thereunder conducted and proceeds thereof distributed in accordance with the laws governing levy and sale in justice of the peace court of this State, except that the judge of said recorder's court shall be deemed to be ex-officio justice of the peace in whose court all such levies and sales shall proceed, and said recorder shall be empowered to hear and dispose of all questions and claims arising therefrom, whether the same are made by said chief of police, ex-officio constables, or other officers to whom such executions are directed. Section 17. Costs. In each case of conviction in said recorder's court, the costs assessable shall be two dollars. Costs shall go into the general fund of the county for general county purposes. Defendants unable to pay fines and costs, and compelled in lieu of payment to work on the public works, shall be each required to work two days to cover costs. Section 18. Peace Officers' Annuity and Benefit Fund. All fines and forfeitures collected in said recorder's court shall be subject to assessment in the amount prescribed by law for contribution to the Peace Officers' Annuity and Benefit Fund as in cases tried in municipal courts of this State. Section 19. Rights of Accused. Any person charged with an offense against any ordinance, rule or regulation of said county shall be informed by summons in writing served on him of the nature of the course of his accusation, shall

Page 2685

have compulsory process for obtaining witnesses in his behalf, shall have a speedy trial before the judge of said recorder's court, shall be confronted with the witnesses against him and have the privilege of cross examination, as in the superior courts of this State; and shall have the privilege of defending himself, by counsel or by himself, or both, as to him shall seem proper. No one shall be fined or punished without full opportunity of being heard in his own defense. Section 20. Issuance of Summons. Upon information known to or complaint lodged with any officer or any member of the police force of Muscogee County, Georgia or the judge or clerk of said recorder's court any person within the limits of Muscogee County charged with the violation of any ordinance, resolution, rule or regulation of said county within the jurisdiction of said court may be brought before the said recorder's court to answer said charge by service upon said person of a summons from said court setting forth the nature of the charge and the time and place of the hearing. Said summons shall be signed by the judge, clerk, patrolman or officer issuing same and a copy thereof shall be served upon the accused either personally or by leaving the copy at his place of residence. Section 21. Issuance of Subpoenas. Said court shall have the authority to compel the attendance before any of its sessions of witnesses within the limits of Muscogee County by service upon such witnesses of a subpoena from said court directed to the witness, stating the time and place of trial and the parties to the case and which shall be served upon said witness either personally or by leaving the copy at his place of residence. Section 22. Punishment for Contempt in Failing to Answer Summons or Subpoena. Said court shall have power to punish as for contempt of court any person failing or refusing to obey any summons or subpoena served upon him as provided in the preceding sections, within the limits hereinbefore prescribed for punishment for contempt. The cause may be continued to such time as the judge may direct and the court shall issue an order requiring the

Page 2686

chief of police or other member of the police force of Muscogee County to arrest the offender and bring him before the court to answer the contempt and it shall be the duty of such police officer to arrest such person and to keep such person in custody until he is brought before the court unless he gives bond for his appearance at the time appointed for further hearing, as provided by law. Section 23. Facsimile Signature. The name of the clerk of said recorder's court, required on subpoenas and other papers, may be printed or stamped on such papers, which shall be in compliance with law and shall have the same force and effect as if written thereon by the clerk. Section 24. Arrests; Bonds and Forfeitures. When an arrest is made for the violation of any county ordinance, resolution, rule or regulation whether under a warrant or not, the arresting officer shall carry the person arrested before said recorder's court where the same shall be disposed of as other cases of arrest not under warrant. Provided, however, that any arresting officer shall have authority to release any person arrested for violation of any ordinance of said county upon such person giving a bond payable to Muscogee County in an amount and surety to be approved by the chief of police of Muscogee County or as directed by the judge of said recorder's court, conditioned for the appearance of such person before the recorder's court at the time and place specified in said bond and from time to time until he or she shall have been tried for the offense for which charged. Upon the failure of any person arrested for a violation of a county ordinance to give bond as provided by law, he shall be confined to the common jail of the county. The sheriff of Muscogee County and his deputies shall accept bail in such amounts and with such surety as may be approved by the chief of police of Muscogee County or judge of said recorder's court. In the absence of such approval, the sheriff or his deputy may approve sureties. It shall be the duty of said sheriff to receive, confine, feed and care for all persons charged with the violation of any ordinance of Muscogee County. Upon the failure of the appearance of any person so released under bond to appear for trial at the time named therein,

Page 2687

such bond shall be forfeited and a rule shall be issued by the clerk of said recorder's court requiring such person or the surety upon such bond to show cause before said court, at a time not less than ten days from the date of such rule, why such bond should not be absolutely forfeited. Such rule shall be served by any officer authorized to serve summons and subpoenas of said court upon the surety or sureties on such bond at least five days before the return day thereof, and such service may be made personally or by mailing a written notice by registered or certified mail to such person or persons at their last known address. At the return time if no good and sufficient cause is shown, the judge shall proceed to forfeit said bond absolutely, and execution shall issue for the full amount thereof, and all costs against the principal and surety thereon or such of them as shall have been served. Such executions shall be delivered by the clerk of the said recorder's court to the chief of police of Muscogee County for collection as in cases of executions for fines. Section 25. Marshals of Recorder's Court. The chief of police of Muscogee County shall appoint one or more members of the Muscogee County Police Department to serve as marshals of the recorder's court. It shall be the duties of said marshals to attend said court, maintain order, to transport prisoners to and from said court when necessary and retain custody of prisoners in attendance at said court and perform such other duties as may be assigned them by the judges and clerks of said court necessary and incidental to the function of said court. Section 26. Cash Deposit in Lieu of Bond. When an arrest is made for the violation of any county ordinance, regulation, rule or resolution the party arrested, at his sole discretion, may deposit with the Chief of Police of Muscogee County a sum of money to insure his appearance in said recorder's court for trial, said deposit to be in lieu of bond and not to be less than ten dollars or more than one hundred dollars; and said party shall be released as if bond had been given. Where such cash deposit has been made in lieu of bond and the person making such deposit shall fail to appear before said court at the time appointed said sum

Page 2688

of money shall be forfeited by the owner thereof and paid over by the Chief of Police of Muscogee County to the county depository as general funds of said county, without necessity of any further notice or proceedings. Section 27. Acceptance of Forfeiture in Lieu of Fine. In all cases of forfeiture of bonds or cash deposits in lieu of bond, the judge of the recorder's court shall be authorized, in his descretion, to accept the payment of such forfeitures in lieu of fines, and as final disposition of said charges. If the same is not so accepted, such forfeitures shall not be a bar to further proceedings against such offenders for the violations charged. Section 28. General Powers of Court. Said recorder's court is hereby granted all general powers heretofore or hereafter granted by any Act of the General Assembly of Georgia to any police or recorder's court in this State, municipal or otherwise. Section 29. General Powers of Board; Establishment of Works Camps. The Board of Commissioners of Roads and Revenues of Muscogee County shall have the full power and authority to pass any and all ordinances, rules and regulations necessary and proper to carry out the provisions of this Act and to expend any public funds for such purposes, including but not limited to, the establishment and construction of a public works camp or camps for the housing, care and feeding of prisoners sentenced by said court to service on the public works gang and for such purposes may issue bonds on the same terms and in the same manner as bonds are issued for other lawful county purposes. Section 30. The Board of Commissioners of Muscogee County are authorized to license and regulate businesses, and levy license taxes, by ordinances, in Muscogee County (outside of any incorporated municipality located therein), and to enforce said ordinances through the recorder's court created herein, the punishment for violation of the regulations and licensing requirements are authorized to be determined by the Board of Commissioners of Muscogee

Page 2689

County, within the limits of the powers of said recorder's court as set forth herein. In addition to the power of enforcing said licenses and business regulations, but not limiting the power of the foregoing, the Board of Commissioners may enforce said licenses by the issuance and levy of executions, and may further enforce said licenses and business regulations by injunction. Ordinances. Section 31. Severability Clause. Should any section or part of a section of this Act be declared to be unconstitutional or invalid for any reason, the same shall not effect the remainder of this Act or any part thereof other than the part so held to be invalid. Section 32. Conflicting Laws Repealed. All laws and parts of laws in conflict with this Act are hereby repealed. Section 33. Publication of Notice. Notice of intention to apply for the passage of this local Bill has been published in the newspaper in which sheriff's advertisements for Muscogee County are published, namely, the Columbus Ledger, once a week for three (3) weeks during a period of sixty days immediately preceding its introduction in the General Assembly as required by law. Attached hereto and made a part of this Bill is a copy of said notice, accompanied by an affidavit of the authors to the effect that said notice has been published as provided by law. Georgia, Muscogee County: This is to certify that the attached copy of notice of intention to apply for a passage of a Bill to amend the Act creating the board of commissioners of Muscogee County, Georgia, to empower the commissioners of Muscogee County to enact ordinances for the policing of the public property, streets and roads of said county and the Muscogee County Airport, etc., has been published as provided by law once a week for three (3) weeks, namely, December 28th, 1968, January 2nd and January 13th, 1969, in the Columbus Ledger, the newspaper in which the sheriff's advertisements for Muscogee County are published.

Page 2690

This the 24th day of January, 1969. /s/ M. R. Ashworth Publisher The Columbus Ledger Columbus, Georgia Sworn and subscribed to before me, this 24th day of January, 1969. /s/ Wallace A. Kitchens Notary Public, Muscogee County, Ga. My Commission expires Feb. 10, 1970. (Seal). Notice. Notice is given hereby that there will be caused to be introduced at the January, 1969 Session of the General Assembly of the State of Georgia, a Bill to amend the Act creating the Board of Commissioners of Muscogee County. Georgia, to empower the commissioners of Muscogee County to enact ordinances for the policing of the public property, streets and roads of said County, and the Muscogee County Airport, providing penalties for violations of such ordinances; to authorize the establishment of a county recorder's court or authorizing the use of the Municipal Court of Columbus; to authorize the licensing and regulation of businesses and levying of license taxes; to repeal conflicting laws; and for other purposes. This the 23rd Day of December, 1968. /s/ Charles M. Evert County Attorney Approved April 15, 1969.

Page 2691

CHATTOOGA COUNTYSALARIES OF CLERK OF COMMISSIONERS AND WARDEN OF PUBLIC WORKS CAMP. No. 276 (House Bill No. 636). An Act to amend an Act creating the office of commissioner of roads and revenues of Chattooga County, approved March 6, 1956 (Ga. L. 1956, p. 2899), as amended particularly by an Act approved March 18, 1964 (Ga. L. 1964, p. 2999), so as to change the maximum compensation authorized for the clerk of the commissioner and the warden of the county public works camp; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of roads and revenues of Chattooga County, approved March 6, 1956 (Ga. L. 1956, p. 2899), as amended particularly by an Act approved March 18, 1964 (Ga. L. 1964, p. 2999), is hereby amended by striking from section 6 the figure $3,600.00 and inserting in lieu thereof the figure $4,000.00, so that when so amended section 6 shall read as follows: Section 6. The commissioner is hereby authorized to employ a clerk and fix the compensation therefor, but not to exceed the sum of $4,000.00 per annum, to be paid in equal monthly installments from the funds of Chattooga County. It shall be the duty of the clerk to keep the minutes and records of all proceedings of the commissioner, to keep the books of the county, and to discharge such other duties as the commissioner may prescribe. Clerk. Section 2. Said Act is further amended by striking from Section 7 the figure $5,400.00 and inserting in lieu thereof the figure $5,800.00, so that when so amended section 7 shall read as follows: Section 7. The commissioner is hereby authorized to employ a warden of the county public works camp and fix

Page 2692

the compensation therefor, but not to exceed the sum of $5,800.00 per annum, to be paid in equal monthly installments from the funds of Chattooga County. The warden shall devote his full time to the duties of his office. Warden. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to change the amount which may be paid to the clerk of the commissioner of roads and revenues of Chattooga County and the warden of the public works camp of said county; and for other purposes. This 14th day of January, 1969. James H. Sloppy Floyd Representative, 7th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James H. Floyd who, on oath, deposes and says that he is Representative from the 7th District, and that the attached copy of notice of intention to introduce local legislation was published in The Summerville News which is the official organ of Chattooga County, on the following dates: January 16, 23 and 30th, 1969. /s/ James H. Floyd Representative, 7th District

Page 2693

Sworn to and subscribed before me this 26th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 15, 1969. LINCOLNTON AND LINCOLN COUNTY DEVELOPMENT AUTHORITY MEMBERS. No. 277 (House Bill No. 640). An Act to implement certain authority vested in the General Assembly of Georgia by a constitutional amendment found in Georgia Laws 1968, p. 1702, and which was ratified by the voters of Lincolnton and Lincoln County, so as to provide for appointment of members of the Lincolnton and Lincoln County Development Authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The members of the Lincolnton and Lincoln County Development Authority shall be appointed, within 30 days following the effective date of this Act, as follows: The governing authority of the County of Lincoln shall appoint four members, one of which shall be appointed to a term of one year, one of which shall be appointed to a term of two years, one of which shall be appointed to a term of three years, and one of which shall be appointed to a term of four years. Thereafter all terms and appointments, except for filling vacancies, shall be for terms of four years. Members. The governing authority of the City of Lincolnton shall appoint four members, one of which shall be appointed to

Page 2694

a term of one year, one of which shall be appointed to a term of two years, one of which shall be appointed to a term of three years, and one of which shall be appointed to a term of four years. Thereafter all terms and appointments, except for filling vacancies, shall be for terms of four years. Section 2. This Act is intended to implement the authority granted by a constitutional amendment found in Ga. Laws 1968, p. 1702, and which was ratified by the voters of Lincolnton and Lincoln County. Intent. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to implement the authority granted in a Constitutional amendment approved by the voters of Lincoln County and the City of Lincolnton at the general election of 1968, the said Constitutional amendment creating the Lincolnton and Lincoln County Development Authority; and for other purposes. This 25th day of January, 1969. Ben B. Ross Representative 26th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Ben B. Ross who, on oath, deposes and says that he is Representative from the 26th District, and that the attached copy of notice of intention to introduce local legislation was published in The Lincoln Journal which is the official organ of Lincoln County, on the following dates: January 30th, 1969; February 6th, 13th, 1969. /s/ Ben B. Ross Representative, 26th District

Page 2695

Sworn to and subscribed before me this 26th day of February, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 15, 1969. PEACH COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. No. 278 (House Bill No. 646). An Act to create the Peach County Industrial Development Authority; to provide for the membership of said Authority; to provide for certain exemptions from taxation; to provide for the powers of said Authority; to provide that said Authority shall not be authorized to create debt, liability or obligation against the State of Georgia or Peach County; to provide that said Authority shall have the power to issue revenue bonds to finance undertakings or to refund outstanding bonds; to provide for certain restrictions and limitations; to provide for the purpose of this Act; to provide for all procedures, requirements and other matters in connection with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created a body corporate and politic in Peach County to be known as the Peach County Industrial Development Authority, which shall be an instrumentality of Peach County and a public corporation and which in this Act is hereafter referred to as the Authority. Created. Section 2. (a) The Authority shall consist of seven members as follows:

Page 2696

(1) One member shall be the Chairman of the Board of Commissioners of Peach County. (2) Two members shall be appointed by the Board of Commissioners of Peach County. Members, terms, vacancies, etc. (3) One member shall be the Mayor of the City of Fort Valley. (4) One member shall be the Mayor of the City of Byron. (5) One member shall be the President of the Peach County Chamber of Commerce. (6) One member shall be the Chairman of the Utilities Commission of the City of Fort Valley. (b) All members, except those appointed by the Board of Commissioners of Peach County, shall hold office as members of the Authority concurrent with their holding the office or holding the position designated herein. Of the two members appointed by the Board of Commissioners of Peach County, one shall be appointed for an initial term of two years and until his successor is appointed and qualified, and one shall be appointed for an initial term of four years and until his successor is appointed and qualified. Successors to such appointees shall be appointed by the original appointing authority for terms of four years and until their successors are appointed and qualified. Any vacancies, except vacancies of the members appointed by the Board of Commissioners of Peach County, which shall be filled for the unexpired term by the appointing authority, shall be filled by a majority of the remaining members. A majority of the members shall constitute a quorum for the transaction of business, but no vacancy shall impair the power of the Authority to act. Section 3. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Peach County. The exemptions

Page 2697

from taxation herein provided shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority. Taxes. Section 4. The powers of the Authority shall include, but not be limited to the power: (a) To receive and administer gifts, grants and donations and to administer trusts; (b) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; Powers. (c) To contract with political subdivisions of the State of Georgia and with private persons and corporations and to sue and be sued in its corporate name; (d) To have and exercise usual powers of private corporations except such as are inconsistent with this Act, including the power to appoint and hire officers, agents, and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the Authority; (e) To encourage and promote the expansion and development of industrial and commercial facilities in Peach County and to that end to acquire by purchase or gift any building or structure within said county suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary and appurtenant lands and appurtenances thereto, and all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovation, reconstructing, furnishing and equipping of such building;

Page 2698

(f) No building acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than thirty (30) years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues, which may be pledged for the purpose, to retire all bonds, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. (g) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested; (h) To designate officers to sign and act for the Authority generally or in any specific matter; (i) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated. Section 5. The Authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Peach County. Debts. Section 6. The members of the Authority shall receive no compensation for their services to the Authority. Compensation. Section 7. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761), as amended, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the

Page 2699

Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Bonds. Section 8. The Authority may authorize additional bonds, for extensions and permanent improvements to any industrial building acquired hereunder, to be placed in escrow and to be negotiated from time to time as proceeds for that purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. Same. Section 9. No bonds execpt refunding bonds shall be issued hereunder unless the Authority shall have found and declared that the undertaking for which the bonds are to be issued will increase employment within Peach County. Same. Section 10. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses. Gifts. 11. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Peach County, subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. Section 12. This Act is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade in Peach County and reducing unemployment to the greatest extent possible, and this Act shall be liberally construed for the accomplishment of these purposes. Intent.

Page 2700

Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to create the Peach County Industrial Authority; to provide for the membership, powers and duties of said Authority; to provide for all matters connected with the foregoing, and for other purposes. This 30th day of January, 1969. Daniel K. Grahl Representative, 40th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Daniel K. Grahl who, on oath, deposes and says that he is Representative from the 40th District, and that the attached copy of notice of intention to introduce local legislation was published in The Leader-Tribune which is the official organ of Peach County, on the following dates: February 6, 13, 20, 1969. /s/ Daniel K. Grahl Representative, 40th District Sworn to and subscribed before me this 26 day of February, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 15, 1969.

Page 2701

SCREVEN COUNTYCOMPENSATION OF ORDINARY. No. 279 (House Bill No. 730). An Act to amend an Act providing that the ordinary of Screven County be placed on a salary basis in lieu of a fee basis, approved February 10, 1960 (Ga. L. 1960, p. 2040) so as to change the compensation of said ordinary; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that the ordinary of Screven County be placed on a salary basis in lieu of a fee basis, approved February 10, 1960 (Ga. L. 1960, p. 2040), is hereby amended by striking from section 2 the figure $4,200.00 and the figure $5,000.00 and inserting in lieu thereof the figure $5,000.00 and the figure $6,000.00, respectively, so that when so amended section 2 shall read as follows: Section 2. The ordinary of Screven County shall receive a salary of not less than $5,000.00 and not more than $6,000.00 per annum. Said salary shall be set within the limits above provided by the commissioners of roads and revenues of Screven County, and shall be payable in equal monthly installments out of the funds of the county. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Screven County. Notice is hereby given that a bill will be introduced in the 1969 Session of the General Assembly of Georgia to increase the compensation of the ordinary of Screven County, Georgia, and for other purposes. W. Jones Lane H. Walstein Parker Paul E. Nessmith, Sr. Representatives, 44th District

Page 2702

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Walstein Parker who, on oath, deposes and says that he is Representative from the 44th District, and that the attached copy of notice of intention to introduce local legislation was published in the Screven County News which is the official organ of Screven County, on the following dates: February 13, 20, 27th, 1969. /s/ Walstein Parker Representative, 44th District Sworn to and subscribed before me this 3 day of March, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 15, 1969. CRISP COUNTYACT PLACING NAMED OFFICERS ON SALARY BASIS AMENDED. No. 281 (House Bill No. 792). An Act to amend an Act changing the mode of compensating the clerk of the superior court, the sheriff, the ordinary and the tax commissioner of Crisp County from the fee system to an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2428), so as to change the compensation which the deputy clerk may receive; to change the compensation which the sheriff and deputy sheriff may receive; to authorize additional deputy sheriffs and jailers; to provide for furnishing the sheriff two automobiles;

Page 2703

to provide for certain expenses related to trans- the compensation which the ordinary and his assistant may receive; to change the compensation which the clerk of the tax commissioner may receive; to provide for hiring additional personnel for the county; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the mode of compensating the clerk of the superior court, the sheriff, the ordinary and the tax commissioner of Crisp County from the fee system to an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2428), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. The clerk of the superior court shall receive an annual salary of not less than eight thousand four hundred ($8,400.00) dollars, nor more than ten thousand ($10,000.00) dollars, payable in equal monthly installments from the funds of Crisp County, the same to be fixed by the governing authority of said county at the beginning of each fiscal year. He shall be authorized to employ a deputy clerk at an annual salary of not less than four thousand two hundred ($4,200.00) dollars nor more than five thousand four hundred ($5,400.00) dollars, the same to be fixed by the governing authority of said county at the beginning of each fiscal year, and also a clerk typist at an annual salary of not less than two thousand four hundred ($2,400.00) dollars, nor more than four thousand two hundred ($4,200.00) dollars. Salaries of each of said employees shall be payable in equal monthly installments from the funds of Crisp County in accordance with section 11. Clerk of superior court, etc. Section 2. Said Act is further amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3, to read as follows: Section 3. The sheriff shall receive an annual salary of not less than seven thousand ($7,000.00) dollars, nor

Page 2704

more than ten thousand ($10,000.00) dollars, payable in equal monthly installments from the funds of Crisp County, the same to be fixed by the governing authority of said county at the beginning of each fiscal year. The governing authority may also provide for a chief deputy sheriff whose compensation shall be fixed at not less than four hundred ($400.00) dollars per month nor more than five hundred fifty ($550.00) dollars per month, upon recommendation by the sheriff and approval of the governing authority; and may provide for an additional deputy sheriff whose compensation shall be fixed at not less than two hundred ($200.00) dollars per month nor more than four hundred ($400.00) dollars per month, upon recommendation by the sheriff and approval of the governing authority. The governing authority of Crisp County may authorize the sheriff to appoint additional deputies in case of an emergency, or in the event said governing authority deems such additional deputies are required, or necessary, and said governing authority shall fix the compensation of such additional deputies. The sheriff shall be authorized to employ a night jailer at a salary of not more than two hundred ($200.00) dollars per month. The salaries of the deputy, or deputies, and the jailer shall be fixed in accordance with section 11. He shall also receive one hundred ($100.00) dollars per month for feeding county prisoners in his custody who have been furnished food and shall make such arrangements with the county warden as may be agreed upon between them for food to be supplied from the county works camp, but the sheriff or one of his deputies or the jailer shall pick up the food at the county works camp and return the utensils thereto after the prisoners have been fed. The funds for payment of the food for prisoners as herein provided shall be payable from the funds of Crisp County. Sheriff, etc. Section 3. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. The governing authority of Crisp County shall furnish to the sheriff of Crisp County two automobiles for carrying on the duties of his office and shall pay for

Page 2705

the operating expenses in connection with carrying on the duties of his office and needful repairs to said automobiles. Sheriff's automobiles. Section 4. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5, to read as follows: Section 5. Said governing authority shall likewise pay for upkeep, fuel, insurance and travel expenses that said sheriff may incur from time to time in connection with the performance of the duties of his office and shall furnish communication devices for each of said vehicles and maintain the same, in their discretion. Sheriff's expenses. Section 5. Said Act is further amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6, to read as follows: Section 6. The ordinary shall receive an annual salary of not less than eight thousand four hundred ($8,400.00) dollars, nor more than ten thousand ($10,000.00) dollars, payable in equal monthly installments from the funds of Crisp County, the same to be fixed by the governing authority of said county at the beginning of each fiscal year. The ordinary shall be authorized to hire one clerk or assistant at a salary of not less than three hundred ($300.00) dollars per month, nor more than four hundred ($400.00) dollars per month, payable in equal monthly installments from the funds of Crisp County, the same to be fixed by the governing authority of said county at the beginning of each fiscal year. Ordinary, etc. Section 6. Said Act is further amended by striking section 7 in its entirety and inserting in lieu thereof a new section 7, to read as follows: Section 7. The tax commissioner shall receive an annual salary of not less than sixty-eight hundred ($6,800.00) dollars, nor more than seventy-eight hundred ($7,800.00) dollars, payable in equal monthly installments from the funds of Crisp County. The specific amount to be fixed by

Page 2706

the governing authority of said county at the beginning of each fiscal year. He shall be authorized to hire one clerk at a salary of not less than three hundred ($300.00) dollars per month, nor more than four hundred ($400.00) dollars per month, the same to be fixed by the governing authority of said county at the beginning of each fiscal year. Tax commissioner, etc. Section 7. Said Act is further amended by adding a new section to be designated as section 12A, to read as follows: Section 12A. The governing authority of Crisp County may authorize additional clerical help in any of said offices, during rush periods, at its sole discretion and for such length of time as it deems necessary to the orderly functioning of said office and fix the rate of pay therefor for such period of time as said additional help is authorized by the governing authority of Crisp County. Clerical help. Section 8. This Act shall become effective on July 1, 1969. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Crisp County. Affiant herein, namely Jack C. Mathews, being first duly sworn, on oath says that he, the affiant, is the publisher and editor of The Cordele Dispatch, a daily newspaper published in Crisp County, and being the official organ of Crisp County, Georgia, that the notice (whereof a true, full, exact and perfect copy is herewith shown) was duly and legally published in The Cordele Dispatch on the following dates: January 30, February 6 and 13, 1969, and that affiant has personal knowledge of the within facts. /s/ Jack C. Mathews Publisher and Editor of The Cordele Disptach

Page 2707

Sworn to and subscribed in my presence in Crisp County, Georgia, this 17th day of February, 1969. /s/ Walton Faircloth Notary Public, Crisp County, Georgia. My Commission Expires Sept. 20, 1972. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to amend an Act placing the clerk of the superior court, the sheriff, the ordinary, and the tax commissioner of Crisp County on a salary basis, approved February 28, 1966 (Ga. L. 1966, p. 2428), so as to change the provisions relating to the compensation of certain officials and personnel thereof; and for other purposes. This 28th day of Jan., 1969. Howard Rainey Representative, 47th District Approved April 15, 1969. CITY OF ROYSTONCITY MANAGER. No. 282 (House Bill No. 802). An Act to amend an Act incorporating the City of Royston, approved August 24, 1905 (Ga. L. 1905, p. 1119), as amended, so as to authorize the mayor and council to employ a city manager; to provide for the powers, functions and duties of the city manager; to provide for his removal from office; to provide for certain provisions of this Act to become effective upon the appointment of a city manager; to repeal conflicting laws; and for other purposes.

Page 2708

Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Royston, approved August 24, 1905 (Ga. L. 1905, p. 1119), as amended, is hereby amended by adding a new section to be designated as section 2B, to read as follows: Section 2B. The mayor and council may appoint a city manager to serve subject to the pleasure of the mayor and council, except that any removal shall be effected under the procedure prescribed hereinafter. The mayor and council shall fix the salary of the city manager. The title of the city manager shall be `City Manager of the City of Royston'. The city manager shall be chosen on the basis of his character and of his executive and administrative qualifications, with special reference to his actual training and experience in, and his knowledge of, accepted practices of his duties as hereinafter set forth. At the time of his appointment the city manager need not be a resident of the City of Royston or the State of Georgia, but during his tenure he shall reside within the city. Neither the mayor nor any councilman, nor any officer or employee of the city, except an assistant manager, shall receive such appointment during the term for which he shall have been elected or appointed nor within two years after the expiration thereof. If, however, the mayor and councilmen should not be able to secure a city manager to serve at their pleasure, they are authorized to make a contract with the city manager on such terms as may be mutually agreed upon, the term of the contract not to extend beyond the term of the mayor and councilmen. In the event such a contract is entered into under the terms of which the city manager does not serve at the pleasure of the mayor and councilmen, the city manager shall not be subject to the removal procedure prescribed hereinafter. Such contract, however, may include provisions relative to a procedure for removal of the city manager or relative to the termination of the contract. Appointment, etc. Section 2. Said Act is further amended by adding a new section to be designated as section 2C, to read as follows:

Page 2709

Section 2C. The mayor and councilmen may remove the city manager by a majority vote. At least thirty days before such removal shall become effective, the mayor and councilmen shall by a majority vote adopt a preliminary resolution stating the reasons for his removal. The city manager may, within ten days, reply in writing and may request a public hearing, which shall be held not earlier than twenty nor later than thirty days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the mayor and councilmen by majority vote may adopt a final resolution of removal. By the preliminary resolution the mayor and councilmen may suspend the city manager from duty, but shall in any case cause to be paid him forthwith any unpaid balance of his salary and his salary for the next two calendar months following adoption of the preliminary resolution. Removal Section 3. Said Act is further amended by adding a new section to be designated as section 2D, to read as follows: Section 2D. (a) The city manager shall have jurisdiction over, and power to appoint to serve during his pleasure, to remove when he deems it for the good of the city, and to fix the compensation of, the following officers, heads of departments and functionaries of the city: 1. Chief of police. 2. Treasurer. 3. Superintendent of waterworks. 4. Superintendent of gas. 5. City engineer. Duties. 6. Health officer. 7. City physician. 8. Public health nurses. 9. Superintendent of sanitation. 10. Clerk.

Page 2710

11. City electrician. 12. Electric inspectors. 13. Building inspectors. 14. Plumbing inspectors. 15. All other inspectors. 16. City marshal. 17. Tax assessor. 18. All other employees necessary to properly manage the city. (b) The City manager shall have exclusive power to determine and prescribe their qualifications and their duties, which need not conform to ordinances now existing. However, unless and until changed or modified by directive of the city manager, their duties shall continue to be as now prescribed by the ordinances of the city, except as they may be changed expressly or by implication under the provisions of this amendatory Act. The city manager shall exercise exclusive supervision and control over the departments, functions and operations in which they are engaged. In the event of the absence, illness, or incapacity for any reason of any of them, the city manager may appoint an acting temporary substitute. (c) The salary of the city manager shall be fixed by the mayor and council of the City of Royston prior to his election. (d) In case of the death, removal or resignation of said city manager, the mayor and council may elect a successor to fill the unexpired term. (e) The city manager before entering upon his duties, shall take an oath before the mayor, the form of which oath is to be prescribed by the mayor and council, to enforce the charter, ordinances and by-laws of the City of Royston and to uphold and support the Constitution of the State and of the United States, concerning the management of the City of Royston.

Page 2711

Section 4. In the event the mayor and council do not appoint a city manager, the provisions of this Act, relating to the powers, duties and functions of the city manager, shall not become effective and shall not abrogate any powers, duties and functions vested in the mayor and council. Upon appointment of a city manager as provided in this Act, all provisions of this Act shall become effective. Intent. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the mayor and council of the City of Royston, Georgia, intends to apply to the General Assembly of Georgia at the 1969 Session thereof for an amendment to the charter to the mayor and council of the City of Royston, Georgia, providing for the creation of the offices of city recorder and city manager and for other purposes. A copy of the proposed amendment is on file in the office of the clerk of the superior court of Franklin County, Georgia, for the purpose of examination and inspection by the public. This 28th day of January, 1969. W. Anderson Dilworth Mayor, City of Royston, Georgia. Thomas M. Strickland City Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. T. Mauldin who, on oath, deposes and says that he is Representative from the 12th District, and that the attached copy of notice of intention to introduce local legislation was published in The Carnesville Herald which is the official organ of

Page 2712

Franklin County, on the following dates: January 30, February 6, 13, 1969. /s/ A. T. Mauldin Representative, 12th District Sworn to and subscribed before me this 3rd day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 15, 1969. GWINNETT COUNTYCOMPENSATING OF NAMED OFFICERS. No. 283 (House Bill No. 808). An Act to amend an Act placing certain designated officers of Gwinnett County on a salary basis, approved February 23, 1956 (Ga. L. 1956, p. 2535), as amended by an Act approved March 22, 1965 (Ga. L. 1965, p. 2405), so as to change the compensation of the sheriff, clerk of the superior court and ordinary of Gwinnett County; to provide for periodic increases in the compensation of said officers; 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 placing certain designated officers of Gwinnett County on a salary basis, approved February 23, 1956 (Ga. L. 1956, p. 2535), as amended by an Act approved March 22, 1965 (Ga. L. 1965, p. 2405), is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows:

Page 2713

Section 2. (a) The sheriff of Gwinnett County shall be compensated in the amount of $12,500.00 per annum to be paid in equal monthly installments from the funds of Gwinnett County at the end of each calendar month. Sheriff. (b) The clerk of the superior court of Gwinnett County shall be compensated in the amount of $12,500.00 per annum to be paid in equal monthly installments from the funds of Gwinnett County at the end of each calendar month. The compensation herein provided shall be in addition to any compensation authorized by law for said officer in his capacity as clerk of the Civil and Criminal Court Gwinnett County. Clerk of superior court. (c) The ordinary of Gwinnett County shall be compensated in the amount of $12,500 per annum to be paid in equal monthly installments from the funds of Gwinnett County at the end of each calendar month. Ordinary. Section 2. Said Act is further amended by adding a new section immediately following section 2 to be designated section 2A and to read as follows: Section 2A. The compensation provided by section 2 of this Act for the sheriff, clerk of the superior court and ordinary of Gwinnett County shall be increased at the beginning of each new term of office by 10% of the amount of compensation payable to each of said officers. The first such increase shall be effective on January 1, 1973. Increases. Section 3. This Act shall become effective on July 1, 1969. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to amend an Act providing for the compensation of the sheriff, clerk of the superior court, clerk of the city

Page 2714

court and the ordinary of Gwinnett County; approved February 23, 1956 (Ga. L. 1956, p. 2535), as amended, so as to change the provisions relating to the compensation of the sheriff, clerk of the superior court and the ordinary; and for other purposes. This 14 day of January, 1969. /s/ James D. Mason Representative, 13th District /s/ Norris Nash Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James D. Mason who, on oath, deposes and says that he is Representative from the 13th District, and that the attached copy of notice of intention to introduce local legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 17th, 24th, 31st, 1969. /s/ James D. Mason Representative, 13th District Sworn to and subscribed before me, this 20 day of February, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 15, 1969.

Page 2715

GWINNETT COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 284 (House Bill No. 809). An Act to amend an Act consolidating the offices of tax receiver and tax collector of Gwinnett County into the office of Tax Commissioner, approved February 23, 1956 (Ga. L. 1956, p. 2502), as amended by an Act approved March 28, 1961 (Ga. L. 1961, p. 2791), so as to change the compensation of the tax commissioner; to provide for periodic increases in the compensation of said officer; 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 consolidating the offices of tax receiver and tax collector of Gwinnett County into the office of tax commissioner, approved February 23, 1956 (Ga. L. 1956, p. 2502), as amended by an Act approved March 28, 1961 (Ga. L. 1961, p. 2791), is hereby amended by striking from section 4 the figure $10,000.00 and inserting in lieu thereof the figure 12,500.00 so that when so amended section 4 shall read as follows: Section 4. The tax commissioner shall be compensated in the amount of $12,500.00 per annum, to be paid in equal monthly installments from the funds of Gwinnett County. All fees, commissions, costs or any other perquisites collected by the tax commissioner shall be the property of Gwinnett County, and shall be turned over to the fiscal authority of said county with a detailed, itemized statement of the services for which such fees were collected. Salary. Section 2. Said Act is further amended by adding a new section immediately following section 4 to be designated section 4A and to read as follows: Section 4A. The compensation provided by section 4 of this Act for the tax commissioner of Gwinnett County shall be increased at the beginning of each new term of

Page 2716

office by 10% of the amount of compensation payable to said officer. The first such increase shall be effective on January 1, 1973. Increases. Section 3. This Act shall become effective on July 1, 1969. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to amend an Act consolidating the officers of tax receiver and tax collector of Gwinnett County into the office of Tax Commissioner, approved February 23, 1956 (Ga. L. 1956, p. 2502), as amended so as to change the provisions relating to the compensation of the tax commissioner; and for other purposes. This 14th day of January 1969. /s/ James D. Mason Representative, 13th District /s/ Norris Nash Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable James Mason who, on oath, deposes and says that he is Representative from the 13th District, and that the attached copy of notice of intention to introduce local legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 17th, 24th, 31st, 1969. /s/ James D. Mason Representative, 13th District

Page 2717

Sworn to and subscribed before me this 5 day of March, 1969. /s/ Aralee Strange Mason Notary Public, Georgia, State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 15, 1969. LANIER COUNTYCLERK OF SUPERIOR COURT PLACED ON SALARY BASIS. No. 285 (House Bill No. 824). An Act to abolish the present mode of compensating the clerk of the superior court of Lanier County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officers; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the clerk of the superior court of Lanier County, known as the fee system, is hereby abolished, and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Salary basis. Section 2. The said clerk shall receive an annual salary of $5,700.00, payable in equal monthly installments from the funds of Lanier County. Salary.

Page 2718

Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the said clerk shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 4. The said clerk shall have the authority to appoint such assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. The clerk shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of Lanier County to fix the compensation to be received by each employee in said office. Assistants. Section 5. The necessary operating expenses of the said clerk's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Lanier County. Office expenses. Section 6. This Act shall become effective upon its approval

Page 2719

by the Governor or upon its becoming law without his approval. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to place the clerk of the superior court of Lanier County on an annual salary in lieu of the fee system; to provide for all matters relative to the foregoing; and for other purposes. This the 4th day of February, 1969. Robert C. Pafford Rep. 64th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert C. Pafford who, on oath, deposes and says that he is Representative from the 64th District, and that the attached copy of notice of intention to introduce local legislation was published in The Lanier County News which is the official organ of Lanier County, on the following dates: February 6, 13, 20, 1969. /s/ Robert C. Pafford Representative, 64th District Sworn to and subscribed before me, this 4th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 15, 1969.

Page 2720

BEN HILL COUNTYCOUNTY DEPOSITORY. No. 286 (House Bill No. 834). An Act to create a county depository in and for Ben Hill County and to provide for the receiving and disbursing of County funds and for the keeping of records relative thereto, and to define the duties of county commissioners relative thereto; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after January 1, 1970, there is hereby created a county depository in and for Ben Hill County for the purpose of receiving and disbursing of county funds as heretofore received and disbursed by the county depository, the National Bank of Fitzgerald, all of the funds received by the said county to be deposited in said depository. First named. Section 2. Be it further enacted by the authority aforesaid, that the commissioners of Ben Hill County at its first meeting in January, 1970, and in each January thereafter, shall designate as county depository for Ben Hill County any bank or banks, one or more, having its or their office and principal place of business in Ben Hill County as the depository of county funds, and wherever used in this Act, depository shall include the plural as well as the singular. Others. Section 3. Be it further enacted by the authority aforesaid, that the bank or banks so named, before entering upon its duties as said depository, shall deliver to the commissioners of Ben Hill County good and sufficient indemnity to the county, said indemnity to be in such form as required by said commissioners, for the faithful performance of all duties devolving upon said depository under this Act. Indemnity. Section 4. Be it further enacted by the authority aforesaid, that the commissioners of Ben Hill County shall have printed and ready for use, as soon after the passage of this

Page 2721

Act as practicable, new county warrants in the following form: And all warrants issued after the effective date of this Act must be issued according to the above form, and must be signed by the chairman of the county commissioners and the clerk of said board before they are authorized to be paid by the county depository. Section 5. Be it further enacted by the authority aforesaid, that the county depository as described and created in sections 1 and 2 of this Act be and is hereby authorized to receive and disburse all county funds as heretofore received and disbursed by its county depository. Said depository is further authorized to pay out of any funds on hand in the name of the county upon presentation of the county warrant properly issued and signed upon the regular form as set out in section 4 of this Act. Said depository shall pay out all county funds only upon a regular county warrant, except in such cases where the judge of the superior court of the county has jurisdiction and issues an order upon the county depository, and in that event said depository must secure a county warrant for its record. Duties. Section 6. Be it further enacted by the authority aforesaid, that it shall be unlawful for the depository so named to discount any county warrants drawn upon it. There shall be nothing herein construed to deprive said bank as a corporation from receiving county warrants as collateral against loans made by said bank as a corporation. Payments.

Page 2722

Section 7. Be it further enacted by the authority aforesaid, that the term of office of the depository so named shall be until its successor is named and duly qualified, unless said depository should fail or cease to exist. Then and in that event, the commissioners of Ben Hill County shall immediately choose another depository, who shall perform the duties of said office as set forth above. Term. Section 8. Be it further enacted by the authority aforesaid, that the depository as designated in sections 1 and 2 of this Act shall receive no compensation for acting as such; but said commissioners shall, if possible, get such depository to pay said county interest on any balance they may have with said depository, for the privilege of acting as such depository. Compensation. Section 9. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed on the day that the county depository named under this Act shall qualify for the faithful performance of its duties hereunder. Laws repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to change certain of the provisions of law relating to the depository of Ben Hill County; and for other purposes. This 4th day of February, 1969. A. B. C. Dorminy, Jr. Representative, 48th District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. B. C. Dorminy, Jr. who, on oath, deposes and says that he is Representative from the 48th District, and that the attached copy of notice of intention to introduce local legislation was published

Page 2723

in The Fitzgerald Herald which is the official organ of Ben Hill County, on the following dates: February 6, 13 and 20, 1969. /s/ A. B. C. Dorminy, Jr. Representative, 48th District Sworn to and subscribed before me, this 5th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 15, 1969. ATKINSON COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 287 (House Bill No. 836). An Act to amend an Act creating the office of commissioner of road and revenues in the County of Atkinson (now Atkinson County Commission), approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved March 27, 1968 (Ga. L. 1968, p. 2882), so as to change the compensation of the said commissioners; 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 road and revenues in the County of Atkinson (now Atkinson County Commission), approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved March 27, 1968 (Ga. L. 1968, p. 2882), is hereby amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5, to read as follows:

Page 2724

Section 5. The members of the board shall each receive one hundred fifty dollars ($150.00) per month as full compensation for their duties. The chairman of the board shall receive three hundred dollars ($300.00) per month as full compensation for his duties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to amend an Act creating the office of commissioner of roads and revenues in the County of Atkinson, approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, so as to change the provisions relating to the compensation of the commissioners; and for other purposes. This 31 day of January, 1969. Robert C. Pafford Representative, 64th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert C. Pafford who, on oath, deposes and says that he is Representative from the 64th District, and that the attached copy of notice of intention to introduce local legislation was published in The Atkinson County Citizen which is the official organ of Atkinson County, on the following dates: February 13, 20, 27, 1969. /s/ Robert C. Pafford Representative, 64th District Sworn to and subscribed before me, this 4th day of March, 1969.

Page 2725

/s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 15, 1969. WAYNE COUNTYMEMBERS OF HOSPITAL AUTHORITY. No. 288 (House Bill No. 845). An Act to provide for the manner of appointment of members to the board of the Wayne County Hospital Authority; to provide that this Act shall become effective only if approved by the grand jury; to provide that the grand jury shall notify the Secretary of State of its action; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Whenever any vacancy shall occur on the board of the Wayne County Hospital Authority, the board of commissioners of Wayne County shall appoint, by resolution, a person to fill said vacancy. Section 2. The provisions of this Act shall become effective only if approved by the first grand jury of Wayne County which shall convene after the effective date of this Act. The grand jury shall notify the Secretary of State of its action within ten days after approving or disapproving said Act. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent. I intent to introduce the necessary legislation leading to certain laws, amendments and/or referenda relative to the

Page 2726

authority - boards - commissions involved in the administrative government of the county of Wayne and the city of Jesup; pertaining to the method of appointing said board members, length of terms in office and elimination of lameduck appointments and for other purposes; this particular legislation shall not pertain to the governing bodies of the cities nor to the County of Wayne; various applications shall be exercised where amendability obtains. /s/ Dr. McKee Hargrett Representative, District 58, General Assembly of Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dr. McKee Hargrett who, on oath, deposes and says that he is Representative from the 58th District, and that the attached copy of notice of intention to introduce local legislation was published in the..... which is the official organ of Wayne County, on the following dates: January 9, 16, 23, 1969. /s/ Dr. McKee Hargrett, Representative, 58th District Sworn to and subscribed before me, this 4 day of March, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 15, 1969.

Page 2727

CITY OF SARDISNEW CHARTER. No. 289 (House Bill No. 855). An Act to reincorporate the Town of Sardis in the County of Burke and to make the same a city; to create a new charter for said city; to prescribe the corporate limits of said city; to provide for the government of said city; to enumerate the corporate powers of the city; to provide for the preservation of ordinances, bylaws, rules and regulations; to provide for the officials of said city and and their selection, oath, compensation, powers, duties and terms of office; to provide for filling vacancies; to provide for the fiscal administration of the city government; to provide for the levy and collection of ad valorem taxes; to provide for elections; to provide for the qualifications of candidates and electors; to provide for registration of voters; to provide for the method of conducting elections; to provide for the establishment of a recorder's court; to provide for the appointment of the recorder; to provide for the qualifications and compensation; to provide for the jurisdiction of the recorder's court; to provide for appeals from the recorder's court; to provide for the payment of court costs; to provide for rules for the recorder's court; to provide for severability; to repeal specific laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I. CHARTER, CITY LIMITS AND CORPORATE POWERS Section 1.01. This Act shall constitute the whole charter of the City of Sardis, Georgia. The City of Sardis, Georgia, in the County of Burke, and the inhabitants thereof, are hereby constituted and declared a body politic and corporate by the name and style of the City of Sardis, Georgia, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure. Intent.

Page 2728

Section 1.02 Corporate Limits. The corporate limits of the city shall include all of the territory within the following described boundaries: Beginning at the center line of the old Savannah-Augusta Public Road at a culvert (formerly the location of Hollow Bridge at the southeast corner of said town) and running thence along the center line of said north 50 degrees 15 minutes west 1378.7 feet; thence along the center line of said road north 48 degrees 53 minutes west 862 feet; thence from said road north 23 degrees 01 minutes east 2539.9 feet to an iron marker; thence north 65 degrees 30 minutes west 210 feet to an iron marker; thence north 24 degrees 13 minutes east 433.9 feet to an iron marker; thence north 27 degrees 40 minutes west 633.2 feet to an iron marker; thence north 24 degrees 30 minutes east 936.4 feet to the north side of right-of-way of Savannah Atlanta Railway; thence along said right-of-way north 65 degrees 30 minutes west 996.3 feet to an iron marker; thence from said right-of-way north 24 degrees 30 minutes east 250 feet to an iron marker; thence due east 2794.2 feet to an iron marker east of the Girard Road; thence south 47 degrees 13 minutes east 377.9 feet to an iron marker; thence south 22 degrees 20 minutes west 990.6 feet to an iron marker; thence south 66 degrees 23 minutes east 1495.2 feet to an iron marker; thence south 30 degrees west 5254.7 feet to the point of beginning at center line of the old Augusta-Savannah Road; all as shown by a plat of survey made by Robert L. Bell, surveyor, dated January 25, 1949. Section 1.03. Corporate Powers. The corporate powers of the city, to be exercised by the city council, may include the following: (a) To levy and to provide for the assessment, valuation, re-evaluation, and collection of taxes on all property subject to taxation. (b) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions.

Page 2729

(c) To levy and to provide for the collection of registration fees on automobiles and trucks owned by residents of the city, and also on automobiles and trucks owned by non-residents and operated within the city with regularity. Such registration fees on trucks or automobiles may be graduated according to their tonnage capacities, weight or horsepower. (d) To appropriate and borrow money to provide for payment of the debts of the city, and to authorize the expenditure of money for any municipal purposes, or for matters of National or State interest, and 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 issues by municipalities in effect at the time said issue is undertaken. (e) To acquire, dispose of, and hold in trust or otherwise, any real, personal or mixed property, inside or outside the city. (f) To condemn property, inside or outside the city, for present or future use, and for any corporate purpose deemed necessary by the city council, under Section 36-202 of the Code of Georgia, 1933, or under other applicable public Acts. (g) To acquire, construct, operate, distribute, sell and dispose of public utilities, including but not limited to a system of waterworks, a natural gas system or an electrical system, subject to the provisions of applicable general law. For water, gas and electricity furnished, and for all sewerage and sanitary services rendered, said city may prescribe the charges, rates, fares, fees, regulations and standards and conditions of service to be provided and shall have a lien against any property of the persons served; said lien to be enforceable in the same manner and with the same remedies as a lien for city property taxes. (h) To grant franchises or make contracts for public utilities and public services, not to exceed periods of twenty years. The council may prescribe the rates, fares, regulations

Page 2730

and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, in so far as not in conflict with such regulations by the Public Service Commission. (i) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, educational, recreational, conservation, 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 acquired by condemnation under Section 36-202 of the Code of Georgia, 1933, or other applicable public Acts. (j) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (k) To provide for the collection and disposal of garbage, rubbish and refuse. Charges or fees may be imposed to cover the costs of such services which, if unpaid, shall constitute a debt which shall be subject to a lien against any property of persons served, which lien shall be enforceable in the same manner, and under the same remedies, as a lien for city property taxes. (l) To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, morals, safety, security, peace, convenience, or general welfare of inhabitants of the city. (m) To define a nuisance in the city and to provide for its abatement. The recorder of the city shall have jurisdiction of all nuisance abatement proceedings in the city. The city shall provide by ordinance for any building, structure, or condition maintained in violation of any valid law of this State or any valid ordinance of the city, to be adjudged a nuisance and for its abatement at the owner's expense upon his

Page 2731

failure or refusal to abate the same within ten days after written notice from the city to do so. (n) To establish minimum standards for, and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city and to provide for the enforcement of such standards, provided, however, no ordinance, regulation or standards promulgated under this section shall be construed to apply to communications equipment installations made by or for a utility and required by it the rendition of its duly authorized services to the public. (o) To provide that persons given jail sentences in the recorder's court shall work out such sentences in any public works or on the public streets of the city as provided by ordinance; or the council may provide for the commitment of city prisoners to any county work camp, or jail, by agreement with the appropriate county officers. (p) To regulate and license, or prohibit, the keeping or running at large of animals and fowl and to provide for the impoundment of same, in violations of any ordinance or lawful order; also to provide for their disposition, by sale, gift, or humane destruction, when not redeemed as provided by ordinance; to provide punishment for violation of ordinances enacted hereunder. (q) 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 amounts prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles. (r) To levy and provide for the collection of special assessments to cover the costs for any public improvements. (s) To provide that upon the conviction of the violation of any ordinance, rule, regulation or order, the offender may

Page 2732

be punished within limitations prescribed by the mayor and council in such ordinance, rule, regulation or order by not exceeding the limitations prescribed by this charter. (t) 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, morals, and general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the Constitution or general laws of the State of Georgia. No enumeration of particular powers in this Act 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 cities under the Constitution or applicable public Acts of the State. (u) To levy taxes and to make appropriations for the purpose of advertising said city and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises into the city, and also to levy taxes and to make payment from the general revenues and funds of the city for the support of public hospitals and libraries. (v) To regulate and control public streets, public alleys and ways; and in the discretion of the mayor and council to alter, open or close public streets and public alleys and ways without notification. Section 1.04. Ordinances. All ordinances, bylaws, rules and regulations, now in force in the former town (now city) of Sardis, not inconsistent with this Act, are hereby declared valid and of force until amended or repealed by the mayor and council of said city.

Page 2733

ARTICLE II. CITY GOVERNMENT Section 2.01. Establishment of City Government. The corporate governmental powers of the City of Sardis shall be vested in a mayor and five councilmen to be known as the Mayor and Council of the City of Sardis. The mayor and council shall be elected by the qualified voters of the city and shall exercise their powers in such manner as prescribed by this charter, the Constitution and applicable general laws of the State of Georgia, or if not prescribed, in such manner as prescribed by the duly established ordinances of the City of Sardis. Section 2.02. Qualifications for Mayor and Councilmen. To be eligible for the office of mayor and councilman, a person must meet the requirements of a qualified elector for members of the General Assembly as prescribed by State law and must have been a bona fide resident of the City of Sardis for at least one year next preceding the election in which he offers as a candidate. Section 2.03. Election of Mayor and Councilmen. On the first Saturday in September, 1970, and on said date biennially thereafter, there shall be an election for the office of mayor. On the same day, two (2) councilmen shall be elected to serve two (2) years, in the order of expiration of terms of those now serving as such and on said dates biennially thereafter, there shall be an election for two (2) councilmen. On the first Saturday in September, 1969, and on said date biennially thereafter, there shall be an election of three (3) councilmen. The election of mayor and councilmen shall be conducted in the manner hereinafter prescribed for regular elections. The present mayor, mayor pro tem and councilmen shall continue to serve for the remainder of the term to which they are presently elected. Section 2.04. City Council. The mayor and five councilmen shall compose the city council, in which is vested all corporate, legislative and other powers of the city, except as otherwise provided in this Act. The council shall hold

Page 2734

regular public meetings at a stated time and place as provided by ordinance. The council shall meet in special sessions on call of the mayor or the mayor pro-tem and two councilmen, and notice of which has been served on the other members personally or left at their residences at least twelve hours in advance of the meeting. But such notice of a special meeting shall not be required if the mayor and all councilmen are present when the special meeting is called. Such notice of a special meeting shall be considered waived if the mayor and all councilmen are present when the special meeting is convened. Only the business stated in the written call may be transacted at a special meeting, except by unanimous consent of all members of the council. The council shall exercise its powers in public meetings. A majority of the council shall constitute a quorum. The council may, by ordinance, adopt rules and bylaws to govern the conduct of its business; including procedures and penalties for compelling the attendance of absent members. The council, may provide by ordinance for punishment for contemptuous behavior conducted in the presence of the council. Section 2.05. Mayor as Presiding Officer. The mayor shall preside at meetings of the council, shall have a vote only in case of a tie vote by councilmen; shall have veto power, and the mayor shall have five days after meetings of the council in which to file with the clerk in writing his dissent, but the council may pass any such ordinance, order or resolution, notwithstanding the veto, by a vote of fourfifths of the total number of councilmen, to be taken by ayes and nays, and entered upon the minutes; shall be the ceremonial head of the city; shall sign ordinances and resolutions on their final passage; may make short term loans in the name of the city when authorized by the council to do so; shall sign deeds, bonds and contracts when authorized by the council to do so; shall be the officer to accept process against the city; and shall perform such other duties imposed by this charter and duly adopted ordinances. Section 2.06. Mayor Pro-tem. The council at the first regular meeting, after the newly elected councilmen have taken office following each regular election, shall elect from its membership a mayor pro-tem for a term of one year.

Page 2735

Upon the council's failure to elect a mayor pro-tem at its first regular meeting in January of each year, the incumbent councilman who received the highest number of votes, when last elected, shall be declared mayor pro-tem. The mayor pro-tem shall perform the duties of the mayor during his absence. Section 2.07. Vacancy in office of Mayor or Councilman. A vacancy shall exist if the mayor or a councilman resigns, dies, moves his residence from the city; or if he is convicted of malfeasance or misfeasance in office, or of a felony, or any violation of election laws. The council shall appoint a qualified person to fill any such vacancy in the office of councilman for the remainder of the unexpired term. At no time shall there be more than one council member so appointed holding office; and if a vacancy occurs on the council with one member so appointed on the council, a special election shall be held within a period of forty-five days after the office becomes vacant pursuant to a call of a special election as provided by this charter; however, if a special election is called pursuant to this charter, the vacancy previously filled by appointment as well as the existing vacancy shall be filled for the unexpired terms in a special election. Provided, however, if a regular election shall be held within three (3) months after the second vacancy occurs, the first vacancy previously filled by appointment and the second vacancy may be filled for the unexpired terms at such regular election. In the event a vacancy should occur in the office of mayor, a special election shall be called and held in the manner hereinafter provided. Section 2.08. Compensation and expenses. The council may determine the salary of the mayor and councilmen by ordinances, provided that salary changes enacted shall not become effective until the expiration of a period of three months after such change. Each councilman and the mayor,

Page 2736

when authorized by the council and upon presentation of itemized vouchers shall receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.09. City Clerk. The mayor and council shall appoint a city clerk who shall be ex officio treasurer. He shall be responsible for keeping and preserving the city seal and all records of the council; attending meetings of the council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the vote of each member on each question, each motion considered, and the title of each resolution or ordinance considered; preparing and certifying copies of official records in his office, for which fees may be prescribed by ordinance; and performing such other duties as may be required by the council or mayor. The mayor and council shall require the clerk-treasurer, before entering upon discharge of his duties, to give good and sufficient bond in amount to be decided by the mayor and council, said bond payable to the City of Sardis, for the faithful performance of his duties and to secure against corruption, malfeasance, misappropriations or unlawful expenditures. Said surety bond shall be obtained from a surety company licensed to do business in the State of Georgia, City of Sardis, and the premium thereon shall be paid by the city. Section 2.10. City Legislation. Any action of the council, having a regulatory or penal effect, or required to be done by ordinance under this Act, shall be done only by ordinance. Each resolution and ordinance shall be in written form before being introduced. The affirmative vote of at least three members of the council shall be required to pass any resolution or ordinance. After adoption of ordinances, the city clerk shall number ordinances consecutively, in the order of their final adoption, and shall copy them into a permanent record book used solely for this purpose; and the city clerk shall do likewise for resolutions, using a separate series of number and a separate record book. The original copies of all ordinances, resolutions, and motions shall be filed and preserved by the city clerk.

Page 2737

ARTICLE III. ORGANIZATION AND PERSONNEL Section 3.01. Organization. The city government shall continue as presently organized, unless and until otherwise provided by ordinance. The council, by such ordinances, may establish, abolish, merge or consolidate offices, positions of employment, departments and agencies of the city; may provide that the same person shall fill a number of offices and positions of employment, and may transfer or change the functions and duties of office, positions of employment, department and agencies of the city. Section 3.02. Administrative duties of mayor. The mayor shall be the executive head of the city government, responsible for the efficient and orderly administration of the city's affairs. He shall be responsible for the enforcement of laws, rules and regulations, ordinances and franchises in the city; and the city attorney shall take such legal action as the mayor may direct for such purposes. He may conduct inquiries and investigations into the conduct of the city's affairs and shall have such powers and duties as may be provided by ordinance not inconsistent with this charter. Section 3.03. City Attorney. The mayor and council shall appoint a city attorney, together with such assistant city attorneys as may be authorized by ordinance. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a part; may be the prosecuting officer in the recorder's court; shall attend the meetings of the council as directed; shall advise the council, mayor, and other officers and employees of the city, concerning legal aspects of the city's affairs; shall approve as to form and legality of all contracts, deeds, ordinances, resolutions and motions, prescribed by the council or mayor. Section 3.04. Oath of Office. Before a person takes any office in the city government, he shall take before an officer of this State, authorized to administer oaths, the following oath or affirmation:

Page 2738

I solemnly swear (or affirm) that I will support the Constitution of the United States and of the State of Georgia; that I will in all respects, observe the provisions of the charter and ordinances of the City of Sardis, and that I will faithfully discharge the duties of the office of...... So help me God. Section 3.05. Political activity prohibited. No officer or employee of the city, other than the mayor and councilmen, shall continue in the employment of the city after becoming a candidate for nomination or election to any city or other public office. Section 3.06. Personal financial interest. Any city officer or employee who has a financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract with the city or in the sale of any land, material, supplies or services to the city or to a contractor supplying the city shall make known that interest and shall refrain from voting upon or otherwise participating in his capacity as a city officer or employee in the making of such sale or in the making or performance of such contract. Any city officer or employee who wilfully conceals such financial interest or wilfully violates the requirements of this section shall upon conviction be guilty of malfeasance in office or position and shall forfeit his office or position. Violation of this section with the knowledge express or implied of the person or corporation contracting with or making a sale to the city shall render the contract or sale voidable by the mayor and council. Section 3.07. City planning and renewal. The council may create and establish a planning commission pursuant to the provisions of general law as they now exist or as they may hereinafter be amended. ARTICLE IV. FISCAL ADMINISTRATION Section 4.01. Fiscal Year. The fiscal year of the city government shall begin on the first day of July and shall

Page 2739

end on the thirtieth day of June of each year, but a different fiscal year may be fixed by ordinance for the entire city government or for any utility. Said fiscal year shall constitute the budget year and the year for fiscal accounting and reporting of every office, department, agency and activity of the city government, unless otherwise provided by law. Section 4.02. Mayor to submit annual budget. On or before a date fixed by the beginning of each fiscal year, the mayor shall submit to the council a proposed operating budget for the next fiscal year, showing separately for the general funds, each utility, and each other fund the following: (a) the revenue and expenditure during the preceding fiscal year, (b) appropriations and estimated revenue and expenditures for the current fiscal year, (c) estimated revenue and recommended expenditures for the next fiscal year, (d) a comparative statement of the assets, liabilities, reserves, and surplus at the end of the preceding fiscal year and estimated assets, liabilities, reserves and surplus at the end of the preceding fiscal year and estimated assets, liabilities, reserves and surplus at the end of the current fiscal year, and (e) such other information and data, as may be considered necessary by the council. Section 4.03. Action by council on budget. Before the beginning of the ensuing fiscal year, the council shall adopt an appropriate ordinance, based on the mayor's budget, with such modifications as the council considers necessary or desirable. Appropriations need not be in more detail than a lump sum for each department, office, and agency unless otherwise directed by the council. The council shall not make any appropriations in excess of estimated revenue, except to provide for an actual emergency threatening the health, property, or lives, safety or general welfare of the inhabitants of the city; provided the council unanimously agrees that there is such an emergency. If conditions prevent the adoption of an appropriation ordinance before the beginning of the new fiscal year, the appropriations for the last fiscal year shall become the appropriation for the new fiscal year, subject to amendment as provided by ordinance specifically passed for such purpose.

Page 2740

Section 4.04. Additional Appropriations. The council may make appropriations in addition to those contained in the current operating budgets, at any regular or special meeting called for such purpose, but any such additional appropriation may be made only for an existing unappropriated surplus in the fund to which it applies. Section 4.05. Lapse of Appropriations. All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made. Section 4.06. Capital Improvements Budget. (a) On or before a date fixed by the council but not later than forty-five days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed capital improvements budget with his recommendations as to the means of financing such improvements. The council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The 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 threatening the lives, health or property of the inhabitants, when passed by four-fifths vote of the membership of the council. Such capital improvements budget may be revised and extended each year with regard to capital improvements still pending or in the process of construction or acquisition. (b) Before the beginning of the ensuing fiscal year, the council shall adopt an appropriate ordinance based on the proposed capital improvements budget, with such modifications as the council considers necessary or desirable. No appropriation provided for in the capital improvements budget shall elapse until the purpose for which the appropriation was made shall have been accomplished or abandoned, provided the mayor may submit amendments to the capital improvements budget at any time during the

Page 2741

fiscal year. Any such amendments to the capital improvements budget shall become effective only upon adoption by four-fifths vote of the council. Section 4.07. Sale of city property. The mayor and council may sell any city property which is obsolete, surplus or unusable, at public or private sale, with or without advertisement; and for such consideration as the mayor and council shall deem equitable and just to the city. Section 4.08. Annual audit. The mayor and council may employ a public accountant or a certified public accountant to make an annual audit of all financial books and records of the city. The accountant shall file his report with the mayor and council and shall prepare a summary of the report which shall be furnished or made available to the mayor and every councilman. Section 4.09. Property Taxes. All property subject to taxation for State or county purposes, assessed as of January 1 in each year, shall be subject to a property tax levied by the city. All property subject to taxation in the city shall be returned for taxes each year on or before April 1. Taxes shall be due on October 1 of each year and shall become past due and delinquent if not paid on or before December 31, of each year. The council by ordinance may elect to use the county assessment for the year in which city taxes are to be levied, or may provide for an independent city evaluation or assessment as provided by Georgia law. If an independent city assessment is made, a board of equalization, consisting of three freeholders of the city appointed by the mayor and council, with compensation fixed by ordinance, shall hear appeals of taxpayers taken within ten days after the city clerk has sent a notice, by ordinary mail, of a new or increased assessment; provided that such notice shall not be required, nor may appeals be taken in the case of initial city assessments that are the same as county assessments. Except as otherwise provided in this section, appeals involving city property assessments may be taken as now or as may hereinafter be provided by general law. Section 4.10. Tax levy. The council shall make a tax levy, expressed as a fixed millage rate per $100.00, but not in

Page 2742

excess of an aggregate of 20 mills, of assessed valuation, exclusive of levy for payments of principal and interest on bonded indebtedness. Section 4.11. Tax due date and tax bills. The due date of property taxes shall be October 1 of each year. The city shall send tax bills to taxpayers, showing the assessed valuations, amount of taxes due, tax due dates, and information as to delinquency dates and penalties. Failure to send tax bills shall not, however, invalidate any tax. Property taxes shall become delinquent if not paid on or before December 31 of each year, at which time a penalty of ten percent (10%) in addition to a fi fa charge shall be added and thereafter such taxes shall be subject to interest at the rate of seven (7%) percent per annum, from the due date until paid. On and after the date when such taxes become delinquent, the tax records of the city shall have the force and effect of a judgment of a court of record. Section 4.12. Collection of delinquent taxes. The council may provide by ordinance for the collection of delinquent taxes by fi fa issued by the city clerk and executed by the chief of police under the same procedure provided by the laws governing execution of such process from the superior court, or by the use of any other available legal processes and remedies. A lien shall exist against all property on which city property taxes are levied, as of the assessment day of January 1 of each year, which shall be superior to all other liens except that it shall have equal dignity with those for Federal, State or county taxes. Section 4.13. Transfer of executions. The City Clerk of the City of Sardis shall be authorized to transfer and assign any fi fa or execution issued for street, sewer or any other assessment in the same manner, upon the same terms, and to the same effect, and thereby vest the purchaser or transferee with the same rights as in cases of sales or transfers of tax fi fa as now provided by law; and all sales of property hereafter made under execution in behalf of the city for the collection of street, sewer and other assessments, the owner or owners, as the case may be, are authorized to

Page 2743

redeem same within the same time and on compliance with the same terms and payment of the same premium, interest and costs, as in cases of redemption of property where sold under tax fi fa, as the same now exists, or as may from time to time be provided by law. Section 4.15. Special Assessments. The city may assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates, shall thereupon be subject, in addition to fi fa charges, to a penalty of ten percent (10%) and shall thereafter be subject to interest at the rate of seven percent (7%) per annum from due date until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided in this article for city property taxes. ARTICLE V ELECTIONS AND REGISTRATION OF VOTERS Section 5.01. Regular Elections, Time for Holding and Taking Office. The regular election for mayor and councilmen, or councilmen, shall be held on the first Saturday in September of each year. Officials elected at any regular election shall take office at the first regular meeting of the mayor and council in January next following such election. Section 5.02. Qualification of Candidates. Any person desiring to become a candidate in any regular or special election shall file written notice of his candidacy with the city clerk not less than fifteen (15) days prior to the date fixed for the holding of any election. Section 5.03. Qualification of Electors. Any person meeting the qualifications of an elector for members of the

Page 2744

General Assembly under State law who has been a bona fide resident of the City of Sardis for six months next preceding the election in which he desires to vote, shall be qualified to register as an elector in any city election held under this charter. Section 5.04. Election Managers. The mayor and council shall appoint, at least ten days prior to every election three qualified electors of the City of Sardis who shall be election managers. The election managers shall be responsible for the proper conduct of the election, for preventing any fraud in connection therewith, for the proper counting of the ballots, and for certifying the results as prescribed herein. Prior to the opening of the polls the election managers shall take the following oath in the presence of any judge, justice of the peace, or in the presence of each other: I (name) do solemnly affirm that I will fulfill the responsibility placed upon me as an election manager to the best of my ability, that I will uphold the law in connection therewith, and faithfully certify the results as prescribed by law. So help me God. Section 5.05. Conduct of ElectionsNotice. The mayor and council shall give notice of every regular or special city election at least thirty (30) days prior to said election by advertisement in a newspaper of general circulation in the city. The notice shall contain the time and place of holding the election, the offices to be filled and any other questions to be voted on, excepted from this requirement shall be all run-off elections as provided in Section 5.13. Section 5.06. Time of ElectionsBallots. The polls shall be open from 7 o'clock a.m. to 7 o'clock p.m. All voting shall be by ballot. Section 5.07. Place of Elections. The place for holding elections shall be prescribed by the mayor and council and shall be published in the election notice. Section 5.08. Voter Registration. In all elections held in the City of Sardis, whether primary elections, special or

Page 2745

general elections, the voters, in addition to the qualifications already prescribed, shall be registered as herein provided for. It shall be the duty of the clerk of the City of Sardis to open at his office in said city, within ten days from the date of approval of this charter, a book for the registration of voters for said City of Sardis, and keep the same open at his office at all times when his office is open for the payment of taxes or transaction of city business, except as hereinafter provided. Each person entitled to vote in said city shall subscribe in said book, unless such person shall be presently registered at the time of adoption of this charter, which shall be arranged in alphabetical order, his or her name, age, place of residence, and occupation. Said clerk must not permit any one to register who is not entitled to do so; and if he knowingly permits this to be done, he shall be discharged from office or otherwise punished as the mayor and council may decide. Such registration shall be permanent, and all names registered as herein prescribed shall remain upon said list and be qualified to vote in any election so long as said voters shall not become disqualified or his or her name be stricken from the registration list as hereinafter provided. The said registration book shall be closed fifteen (15) days immediately preceding each election held in said city, whether the same be a primary election, special or general election; after which time no one shall be allowed or permitted to register for such election; and not until after such election, when said book shall be reopened for registration of voters. At all other times said book shall be kept open as herein provided. No person shall be allowed to vote at any election held in said city unless he or she has registered prior to the closing of said books and his or her name appears upon the registration list. Section 5.09. Voter's ListPurging. It shall be the duty of the clerk of said city to check the registration list from time to time as may be required by the mayor and council of said City of Sardis; and upon finding the name of any voter who has become disqualified by removal from the city, or other legal cause, he shall revise said registration lists and determine whether the name of such voter should be stricken from the list, provided, the clerk shall give five

Page 2746

days written notice to said voter of a time and place when said matter will be presented to the mayor and council, said notice to be served either personally by any officer of said city authorized to serve city processes, or by mailing same to the last known address of the voter. At the time fixed in the notice the voter shall have the right to be heard by the mayor and council before any final action is taken, if he or she so desires. Section 5.10. Voter's List. Board of Registrars. The mayor and council of the City of Sardis may prescribe such further rules and regulations with reference to registering, or the revision of the registration lists, as they may see fit and proper, and may create a board of registrars if deemed best, and may delegate to, and place upon, said board of registrars any or all of the duties herein imposed upon the clerk or the mayor and council, and they may place any or all of said duties upon any official or officials of said city they may designate, and provide additional compensation to be paid therefor if they see fit. Section 5.10A. The provisions of section 5.08, 5.09 and 5.10 are to be implemented only when the Mayor and Council, by proper ordinance or resolution, so declare. Until such time, the voters of the City of Sardis shall continue to register with the County Registrar, as in the past, and the registration list for said city (64th militia district) shall be the official voters' registration list of said city, and the voters registered with the County Registrar as residents on the 64th militia district shall be entitled to vote in all elections if they are otherwise qualified. The aforesaid list may be added to or purged or otherwise changed in accordance with law. In the event the Mayor and Council implement the provisions of Sections 5.08, 5.09 and 5.10, this section shall be null and void. Effective date of certain sections of Act. Section 5.11. Challenge. Any candidate, election manager, or qualified elector may challenge any voter and upon such challenge an election manager shall cause the challenged voter to take the following oath: I (name) do solemnly swear that I meet the requirements of an elector for members of the General Assembly

Page 2747

of Georgia, that I have been a bona fide resident in the City of Sardis for at least six months preceding this election, and that I have not previously voted in this election. So help me God. This oath shall be subscribed on the voter's list opposite the name of the challenged elector. Section 5.12. Supplies. The mayor and council shall direct that all necessary supplies including ballots, needed for holding the election are placed in the hands of election managers. Section 5.13. Counting the Ballots, Certifying Results. The election managers shall immediately proceed to count ballots when the polls are closed. When all votes have been recorded, the ballots will be sealed in a container and delivered to the city clerk who shall retain them, unopened for sixty days. In the event a recount is demanded, the election managers in the presence of the council shall reopen the ballots and conduct such recount or take other action as deemed necessary to assure that no mistake or fraud has occurred. The tally sheets containing the results of the election along with the voter's list, shall be signed and certified by the managers and sealed in a container and delivered immediately to the mayor. The mayor shall call a meeting of the council at the earlist convenient time and in the presence of the council, the mayor shall open the container and announce the results of such election. The person receiving a majority of votes cast for the office of mayor, and the person receiving a majority of the votes cast for each office of councilman shall be declared elected. However, in the event that no candidate for the office of mayor or for the office of councilman shall receive a majority of the votes cast, the mayor and council shall provide for and hold a run-off election between the two candidates for mayor receiving the highest number of votes cast and the two candidates for each councilman position receiving the highest number of votes cast. Such run-off shall be held on the fourteenth day after the day of holding the first election.

Page 2748

Only the electors entitled to vote in the first election shall be entitled to vote in any run-off election resulting therefrom. The candidate receiving the majority of the votes cast in such run-off election to fill the public office he seeks shall be declared the winner. Cases of contested elections shall be heard and decided by the mayor and council. Any candidate who contests any election herein provided for shall file in writing notice thereof with the city clerk within five (5) days after the results of such election have been certified by the election managers. Appeals from decisions of the mayor in cases of contested elections shall be to the Superior Court of Burke County as cases upon appeal from the court of ordinary. If there is no contest of an election, at the end of sixty days the ballots shall be destroyed by the clerk. Section 5.14. Rules. The mayor and council are hereby authorized to enact by ordinance such additional rules consistent with this charter as are deemed necessary for the conduct of elections. Section 5.15. Special Elections, Vacancies, Bond Issues. In the event of a vacancy in the office of mayor or in the event it is necessary to elect a councilman, the council, or those remaining, shall call a special election to be held withing forty-five days from the time such vacancy occurs. Such special election shall be held in accordance with the procedure established by this charter for regular elections. Special elections may be called at any time by the mayor and council for the purpose of voting on bond issues or other questions required or permitted by law to be presented to the electorate. The procedure established for regular elections shall govern: Provided, however, that in the case of bond issues the election notice shall conform to the requirements of State law. ARTICLE VI RECORDER'S COURT Section 6.01. Creation. There is hereby established a court to be known as the Recorder's court, City of Sardis

Page 2749

which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance, and to punish also any person who may council or advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the City of Sardis constituting traffice cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof; to establish bail and recognizances to insure the presence of those charged with violations and may prescribe the conditions of forfeiture of the same; and to administer oaths and to perform all other acts necessary and proper to the conduct of said court. The presiding officer of such court shall be known as the Recorder. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. The court shall sit at a place designated by the mayor and council. Section 6.02. Recorder. (a) No person shall be qualified or eligible to serve as recorder unless he shall have attained the age of thirty years, and shall be a qualified voter in Burke County. The recorder shall be appointed by the Mayor and council, and shall serve at the discretion of the mayor and council. The compensation of the recorder shall be fixed by the mayor and council. The Mayor may appoint himself or any of the Council to serve as recorder, or anyone else possessing the qualifications set forth in subsection (a) of section 6.02. (b) Before entering on the duties of his office, the recorder shall take an oath before an officer duly authorized to administer oaths in this State, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor or partiality. This

Page 2750

oath shall be entered upon the minutes of the mayor and council. Section 6.03. Jurisdiction. The recorder shall have power to impose fines, costs and forfeitures for the violation of any law or ordinance of the City of Sardis passed in accordance with this charter, to an amount not to exceed two hundred dollars ($200) for each offense, to imprison offenders for a period of not more than thirty days, or at labor on the roads and streets or other public works of said city for not more than six months; and the said recorder shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said recorder shall not have the authority to inflict a greater punishment for contempt than to impose a fine of twenty-five dollars or imprisonment not exceeding ten days or any combination of the two. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of Sardis, which warrants may be executed by any police officer of said city, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said city. The recorder's court shall also have concurrent jurisdiction with that of the justice of the peace over offenses against the criminal laws of the State committed within the corporate limits. Except as may be herein otherwise specified, the recorder is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the City of Sardis. The recorder's court is specifically invested with all jurisdictional powers throughout the entire area within the corporate limits granted by State laws generally to mayors, recorders and police courts, and particularly such laws as authorize the abatement of nuisances. Section 6.04. Right of Appeal. The right of appeal to the Superior Court of Burke County from the recorder's court shall lie in the same manner and under the same procedure as generally prescribed for courts from the Court of Ordinary. An appeal to the superior court shall be a de novo proceeding.

Page 2751

Section 6.05. Court Costs. In all cases in the recorder's court of the City of Sardis, the costs incurred and allowable herein may be computed under the provisions of the laws of the State of Georgia fixing costs in the justice of the peace courts of said State, or the recorder's court may establish a schedule of fees to defray the costs of operation and shall be entitled to reimbursement of the costs of meals, transportation, and caretaking of prisoners bound over to the superior court for violation of State law. The recorder's court may also provide a uniform scale of costs of the clerk and police officers of said city for all service in the arrest and prosecution of offenders in the recorder's court and in the issuance and collection of tax and other executions; and for their collections and payment into the city treasury. Section 6.06. Rules for Court. With the approval of the council, the recorder shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the business of said court; provided, however, that the mayor and council may adopt in part or in toto the rules and regulations relative to the procedures to the operation of the superior courts under the general laws of the State of Georgia. ARTICLE VII SEVERABILITY Section 7.01. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Page 2752

ARTICLE VIII SPECIFIC REPEALERS Section 8.01. Specific Repealers. An Act incorporating the Town of Sardis in the County of Burke, defining its corporate limits, providing for selection of officers, prescribing their duties and powers, and providing for government and taxation, approved August 16, 1912 (Ga. L. 1912, p. 1235), as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1607), and an Act approved February 8, 1950 (Ga. L. 1950, p. 2261), is hereby repealed in its entirety. ARTICLE IX Section 9.01. This Act shall become effective when approved by the Governor or when it may otherwise become law. Effective date. Section 9.02. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to create a new charter for the Town of Sardis, Georgia; to repeal an Act approved August 16, 1912 (Ga. L. 1912, p. 1235), incorporating the town of Sardis, and all amendatory Acts thereto; to repeal conflicting laws; and for other purposes. This 1st day of February, 1969. Preston B. Lewis Representative, 37th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Preston B. Lewis who, on oath, deposes and says that he is Representative

Page 2753

from the 37th District, and that the attached copy of notice of intention to introduce local legislation was published in The True Citizen which is the official organ of Burke County, on the following dates: February 5, 12, 19, 1969. /s/ Preston B. Lewis Representative, 37th District Sworn to and subscribed before me, this 10th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 15, 1969. BARTOW COUNTYCOMPENSATION OF SHERIFF, CLERK OF SUPERIOR COURT, ORDINARY AND DEPUTIES. No. 290 (House Bill No. 890). An Act to amend an Act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary of Bartow County on a salary basis instead of a fee basis, approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended by an Act approved March 1, 1963 (Ga. L. 1963, p. 2066), an Act approved March 31, 1965 (Ga. L. 1965, p. 3015), an Act approved March 31, 1967) Ga. L. 1967, p. 2365, and an Act approved March 21, 1968 (Ga. L. 1968, p. 2742), so as to provide for personnel to assist certain county officers; to provide for the compensation of such personnel; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the compensation of the sheriff, the clerk of the superior court, and the ordinary

Page 2754

of Bartow County on a salary basis instead of a fee basis, approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended by an Act approved March 1, 1963 (Ga. L. 1963, p. 2066), an Act approved March 31, 1965 (Ga. L. 1965, p. 3015, an Act approved March 31, 1967 (Ga. L. 1967, p. 2365), and an Act approved March 21, 1968 (Ga. L. 1968, p. 2742), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. The sheriff of Bartow County shall be compensated in the amount of nine thousand ($9,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Bartow County. Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the sheriff. The sheriff shall appoint one chief deputy and four additional deputies. In the event the sheriff desires to employ additional deputies, if the commissioner approves and two consecutive grand juries recommend the employment of additional deputies, then the sheriff shall have the authority to employ the number of deputies so needed and recommended. The sheriff shall employ a deputy to be the day jailer. The day jailer shall in addition to other duties be the day communications operator, record keeper, and supervisor of food purchases for the jail. The sheriff shall also employ a deputy to be the night jailer. The night jailer shall be the night communications operator. The purpose for hiring the day and night jailers is to provide continuous uninterrupted telephone, radio, and jail attendance services in the Bartow County jail. The sheriff shall also hire a cook or cooks. The sheriff shall have the authority to employ a secretary. The compensation of the above named personnel shall be in an amount set by the sheriff and as is approved by the governing authority of Bartow County. Such compensation shall be paid in equal monthly installments from the funds of Bartow County. The sheriff shall furnish such automobiles as are required by his office, and all equipment, maintenance, insurance and operating expenses therefor shall also be paid by him. The sheriff shall be paid mileage expenses for automobiles used by the sheriff's office in the performance of the duties thereof, at a rate not to exceed twelve

Page 2755

(12) cents per mile. Such mileage allowance shall be paid upon presentation each month of a certified, itemized expense account by the sheriff presented to the commissioner of Bartow County. Sheriff, etc. Section 2. Said Act is further amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3, to read as follows: Section 3. The clerk of the superior court shall be compensated in the amount of nine thousand ($9,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Bartow County. Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the clerk of the superior court. The clerk shall appoint (1) deputy. The clerk shall employ such clerical help as he deems necessary to perform the duties of his office, and as is approved by the governing authority of Bartow County. The compensation of such deputy and such clerical help shall be in an amount set by the clerk of the superior court and as is approved by the governing authority of Bartow County. Such compensation shall be paid in equal monthly installments from the funds of Bartow County. Clerk of superior court, etc. Section 3. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. The ordinary shall be compensated in the amount of seven thousand ($7,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Bartow County. Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the ordinary. The ordinary shall employ such clerical help as he deems necessary to perform the duties of his office, and as is approved by the governing authority of Bartow County. The compensation of such clerical help shall be in an amount set by the ordinary and as is approved by the governing authority of Bartow County. Such compensation shall be paid in equal monthly installments from the funds of Bartow County. Ordinary, etc.

Page 2756

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1969 session of the General Assembly of Georgia a bill to change the compensation of the clerk of superior court and deputy clerk of Bartow County, to change sum which said clerk shall receive for clerical help and for other purposes. Joe Frank Harris Representative, 10th District, Post 1 Notice is hereby given that there will be introduced at the 1969 session of the General Assembly of Georgia, a bill to change the compensation of the ordinary of Bartow County, to change sum which said ordinary shall receive for clerical help and for other purposes. Joe Frank Harris Representative, 10th District, Post 1 Notice is hereby given that there will be introduced at the 1969 session of the General Assembly of Georgia a bill to change the compensation of the sheriff of Bartow County, chief deputy, and deputies, to change sum which said sheriff shall receive for jailers, cooks, clerical help and for other purposes. Joe Frank Harris Representative, 10th District, Post 1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Frank Harris who, on oath, deposes and says that he is Representative

Page 2757

from the 10th District, and that the attached copy of notice of intention to introduce local legislation was published in the Bartow Herald which is the official organ of Bartow County, on the following dates: February 20, 27, and March 6, 1969. /s/ Joe Frank Harris Representative, 10th District Sworn to and subscribed before me, this 11th day of March, 1969. /s/ Pamela R. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 15, 1969. BARTOW COUNTYCLERICAL HELP FOR COUNTY COMMISSIONER. No. 291 (House Bill No. 891). An Act to amend an Act creating the office of commissioner of Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276), as amended, particularly by an Act approved March 21, 1958 (Ga. L. 1958, p. 2984), an Act approved March 1, 1963 (Ga. L. 1963, p. 2078), and an Act approved March 31, 1967 (Ga. L. 1967, p. 2363), so as to provide for clerical help for the commissioner; to provide compensation for such clerical help; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276), as amended, particularly by an Act approved March 21, 1958 (Ga. L. 1958, p. 2984), an Act approved March 1,

Page 2758

1963 Ga. L. 1963, p. 2078), and an Act approved March 31, 1967 (Ga. L. 1967, p. 2363), is hereby amended by striking section 17 in its entirety and inserting in lieu thereof a new section 17, to read as follows: Section 17. The commissioner shall employ such clerical help as he deems necessary to perform the duties of his office. The compensation of such clerical help shall be in an amount set by the commissioner. Such compensation shall be paid in equal monthly installments from the funds of Bartow County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1969 session of the General Assembly of Georgia a bill to change the compensation of the commissioner of roads and revenues of Bartow County, to change the sum said commissioner shall receive for clerical help and for other purposes. Joe Frank Harris Representative, 10th District, Post 1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Frank Harris who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of notice of intention to introduce local legislation was published in the Bartow Herald which is the official organ of Bartow County, on the following dates: February 20, 27 and March 6, 1969. /s/ Joe Frank Harris Represenative, 10th District

Page 2759

Sworn to and subscribed before me, this 11th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. Approved April 15, 1969. BARTOW COUNTYCLERICAL ASSISTANCE FOR TAX COMMISSIONER. No. 292 (House Bill No. 892) An Act to amend an Act to consolidate the offices of tax receiver and tax collector of Bartow County into the office of tax commissioner of Bartow County, approved March 17, 1958 (Ga. L. 1958, p. 2683), as amended, particularly by an Act approved March 1, 1963 (Ga. L. 1963, p. 2082), and an Act approved March 31, 1967 (Ga. L. 1967, p. 2367), so as to provide for certain personnel to assist the tax commissioner; to provide for compensating such personnel; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to consolidate the offices of tax receiver and tax collector of Bartow County into the office of tax commissioner of Bartow County, approved March 17, 1958 (Ga. L. 1958, p. 2683), as amended, particularly by an Act approved March 1, 1963 (Ga. L. 1963, p. 2082), and an Act approved March 31, 1967 (Ga. L. 1967, p. 2367), is hereby amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. The tax commissioner shall be compensated in the amount of nine thousand ($9,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Bartow County. All fees, commissions, costs and other perquisites collected by the tax commissioner shall be the property of Bartow County, and once each month shall

Page 2760

be turned over to the fiscal authority of said county with a detailed, itemized statement showing the source from which such fees, commissions, costs or other perquisites were collected. The tax commissioner shall appoint a deputy to assist him in the performance of his duties. The tax commissioner shall also hire two (2) secretaries. The tax commissioner shall employ such additional clerical help as he deems necessary to perform the duties of his office, and as is approved by the governing authority of Bartow County. The compensation of such above named personnel shall be in an amount set by the tax commissioner and as is approved by the governing authority of Bartow County. Such compensation shall be paid in equal monthly installments from the funds of Bartow County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1969 session of the General Assembly of Georgia, a bill to change the compensation of the tax commissioner and deputy tax commissioner of Bartow County, to change the sum which said tax commissioner shall receive for clerical help, and for other purposes. Joe Frank Harris Representative, 10th District, Post 1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Frank Harris who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of notice of intention to introduce local legislation was published in the Bartow Herald which is the official organ of Bartow

Page 2761

County, on the following dates: February 20, 27, and March 6, 1969. /s/ Joe Frank Harris Representative, 10th District Sworn to and subscribed before me, this 11th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 15, 1969. HENRY COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 293 (House Bill No. 948). An Act to amend an Act placing the sheriff, the clerk of the superior court and the ordinary on an annual salary in lieu of the fee system of compensation, approved March 25, 1958 (Ga. L. 1958, p. 3127), as amended, particularly by an Act approved January 27, 1961 (Ga. L. 1961, p. 2007), so as to change the compensation of the tax commissioner of Henry County; to specifically provide that the tax commissioner shall not be entitled to any fees or commissions on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest; 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 placing the sheriff, the clerk of the superior court and the ordinary on an annual salary in lieu of the fee system of compensation, approved March 25, 1958 (Ga. L. 1958, p. 3127), as amended, particularly

Page 2762

by an Act approved January 27, 1961 (Ga. L. 1961, p. 2007), is hereby amended by adding a new section immediately following section 4 to be known as section 4A, to read as follows: Section 4A. The tax commissioner of Henry County shall receive an annual salary of eleven thousand ($11,000) dollars payable in equal monthly installments from the funds of Henry County. All fees, commissions, costs, fines, percentages, forfeitures, penalties and other perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held by him as public funds to Henry County. On or before the tenth day of each month the tax commissioner shall pay over to the fiscal authority of Henry County all such funds as shall have been collected by him for the county during the immediately preceding calendar month with a detailed, itemized statement showing the collections and the sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, percentages, forfeitures, penalties and other perquisites of whatever kind, including those commissions allowed by an Act relating to commissions on taxes collected in excess of a certain percentage of taxes due according to the tax net digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. The tax commissioner is hereby authorized to employ such clerks and other assistants as he deems necessary, to prescribe their duties and to set their salaries but the number of such clerks and assistants and the salary thereof shall be subject to the final approval of the board of county commissioners of Henry County. Section 2. The provisions of this Act shall become effective on January 1, 1970. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia

Page 2763

a bill to amend an Act placing certain county officers on an annual salary in lieu of the fee system of compensation, approved March 25, 1958 (Ga. L. 1958, p. 3127) as amended, particularly by an Act approved January 27, 1961 (Ga. L. 1961, p. 2007) so as to change the compensation of the tax commissioner of Henry County; to specifically provide that the tax commissioner shall not be entitled to any fees or commissions relating to the sale of motor vehicle license plates or to any fees or commissions on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest; to provide an effective date; and for other purposes. This 8th day of February 1969. Don L. Knowles Representative, 22nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don L. Knowles who, on oath, deposes and says that he is Representative from the 22nd District, and that the attached copy of notice of intention to introduce local legislation was published in The Weekly-Advertiser which is the official organ of Henry County, on the following dates: February 13, 20, 27, 1969. /s/ Don L. Knowles Representative, 22nd District Sworn to and subscribed before me, this 11th day of March, 1969. /s/ Aralee Strange Mason Notary Public, Georgia, State at Large. My Commission Expires Dec. 22, 1972. Approved April 15, 1969.

Page 2764

PICKENS COUNTY WATER AND SEWER ACT. No. 294 (House Bill No. 978) An Act to create the Pickens County Water and Sewer Authority; to authorize the Authority to acquire, construct, operate, maintain, own, and improve self-liquidating projects embracing sources of water supply and the treatment, distribution, and sale of water to individuals, private concerns, and municipal corporations; to authorize the Authority to acquire, construct, operate, maintain, own and improve sewer systems, both sanitary and storm, sewage disposal and sewage treatment plants, and any and all other related facilities; to confer powers and impose duties on the Authority; to provide for the membership and for the election of members of the Authority and their tenure of office and compensation; to authorize the Authority to contract with others pertaining to the water and sewer utilities and facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the Authority payable from the revenues, tolls, fees, charges, and earnings of the Authority to pay the cost of such undertakings or projects, and authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds; to authorize the execution of trust indentures to secure the payment thereof; to define the rights of the holders of such obligations; to provide further that no debt of Pickens County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the Authority exempt from taxation; to authorize the Authority to condemn property of every kind; to authorize the issuance of refunding bonds; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds be validated; to provide for the separate enactment of each provision of this Act; to repeal conflicting laws; and for other purposes. Whereas, the matter of obtaining and distributing water to the various residents and other users of such facilities is

Page 2765

of prime importance and essential to the health and welfare of citizens within the boundaries and environs of Pickens County; and Whereas, in a modern and progressive society, it is essential to the health and welfare of the citizens thereof that adequate means and facilities be provided for the treatment and disposal of waste materials; and Whereas, it is advisable to authorize the financing, in whole or in part, of the acquisition and construction of sources of water supply, the installation of water utilities for the distribution of same, the acquisition and construction of sewer systems and sewage treatment facilities in certain areas of the county and environs by the issuance of revenue bonds of the Authority for that purpose; Now, therefore, be it enacted by the General Assembly of Georgia: Section 1. Short title. This shall be known and may be cited as the Pickens County Water and Sewer Act. Section 2. Pickens County Water and Sewer Authority. There is hereby created a body corporate and politic, to be known as the Pickens County Water and Sewer Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation; and by that name, style, and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain, and defend in all courts of law and equity. The Authority shall consist of five members, all of whom shall be residents of Pickens County, Georgia, all of whom shall reside outside the corporate limits of any municipality. The original members of the Authority shall be appointed by the governing authority of Pickens County, one member for a one year term, two members for a two year term and two members for a three year term, said terms to be designated at the time of appointment. Thereafter the Authority shall furnish to the governing authority of Pickens County a list of three names for each member whose term expires and the governing authority of pickens County shall appoint

Page 2766

from said list of names the person or persons to serve, each for a three year term, as a member or members of the Authority. If for any reason the Authority fails to furnish said list prior to thirty (30) days before the expiration of any term, the governing authority of Pickens County shall appoint the member or members to fill the vacancies created by the expiration of the terms of the members of the Authority whose terms expire. No member shall be eligible for reapportionment for a period of two years from the expiration date of his previous term. Notwithstanding any other provision herein, all members of the Authority shall serve until their successors are appointed and qualified. To be eligible for appointment, no member shall have been found guilty of a felony. A member must be at least twenty-one (21) years of age and a resident of Pickens County for at least two years prior to his appointment. The original members of the Authority shall immediately enter upon their duties. They shall elect one of their number as chairman, another as vice-chairman, and may also elect a secretary and/or treasurer, who need not necessarily be a member of the Authority. The chairman and vice-chairman, secretary, and treasurer shall serve for a period of one year and until their successors are elected and qualified. Three members of the Authority shall constitute a quorum. In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the governing authority of Pickens County shall appoint a person meeting the qualifications above set out for membership, to serve for the unexpired term. Members of the Authority shall lose their positions as such upon being found guilty of a felony or moving from Pickens County. 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. The chairman of the Authority shall be entitled to vote

Page 2767

upon any issue, motion, or resolution the same as other members. The members of the Authority shall serve without compensation, provided that all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. The Authority shall have a complete audit of its financial record made at least once in each calendar year by a certified public accountant, and such audit shall be published in the official newspaper of Pickens County at least once each calendar year and within one month of the submission thereof. Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings: (a) The word Authority shall mean the Pickens County Water and Sewer Authority created by section 2 of this Act. (b) The word project shall be deemed to mean and include the acquisition and construction of all necessary and usual water facilities useful and necessary for the obtaining of one or more sources of water supply within or without the territorial boundaries of Pickens County, the treatment of water and the distribution and sale of water to users and consumers, including counties and municipalities, for the purpose of resale, within and without the territorial boundaries of Pickens County, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the Authority necessary or convenient for the efficient operation of such type of undertaking; the acquisition and construction of all necessary and usual facilities useful and necessary for the gathering of waste matter, individual and industrial, the treatment of such waste, including the acquisition and construction of treatment plants, lagoons, without and within the territorial

Page 2768

boundaries of Pickens County, and the operation, maintenance, additions, improvements, and extensions of such facilities deemed necessary by the Authority to be necessary or convenient for the efficient operation of the sanitary and storm sewer system. (c) The term cost of the project shall embrace 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 the construction, and for one year after completion of construction, cost of engineering, architectural, and legal expenses, and of plans and specifications, and other expenses necessary or incident to the financing herein authorized, the construction 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 part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (d) The terms revenue bonds and bonds as used in this Act, shall mean revenue certificates as defined and provided for in the Revenue Bond Law (Ga. L. 1937, p. 761), as amended, and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and, in addition, shall also mean obligations of the Authority, the issuance of which are hereinafter specifically provided for in this Act. (e) Any project shall be deemed self-liquidating if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom will be sufficient to pay the cost of operating, maintaining and repairing, improving, and extending the project, and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects. Section 4. Powers. The Authority shall have powers: (a) To have a seal and alter the same at its pleasure;

Page 2769

(b) To acquire by purchase, lease, or otherwise, and to hold, lease, and dispose of, real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, grant, or gift, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights of easements therein, or franchises or personal property necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority; 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 be deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the Authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey, for and in behalf of the State, title to such lands to the Authority upon payment to the State Treasurer, for the credit of the general fund of the State, of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the Chairman of the Authority; (d) To appoint, select, and employ officers, agents, and employees, including engineering, architectural and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (e) To make contracts, leases, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases or projects or contracts

Page 2770

with respect to the use of projects which it causes to be erected or acquired, and any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the State are hereby authorized to enter into contracts, leases, or agreements with the Authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of water, sewerage, and related services and facilities by the Authority to such municipal corporations and counties or for the purchase of water by the Authority therefrom for a term not exceeding fifty (50) years. As to any political subdivision, department, institution, or agency of this State which shall enter into an agreement under the authority granted herein or in subsection (e) above, the obligation to perform and fulfill such agreement shall constitute a general obligation of such entity for which its full faith and credit shall be and hereby is pledged to the extent as may be now or hereafter permitted under the Constitution and laws of Georgia; (f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof; (g) To accept loans with, and accept grants of money, 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; (h) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;

Page 2771

(i) To exercise any power usually possessed by private corporations performing similar functions, provided the same is not in conflict with the Constitution and laws of this State; and (j) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the Authority so created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds of the Authority for the purpose of paying all or any part of the cost as herein defined or any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund hereby provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit then provided for bonds permitted by the Revenue Bond Law at the time of issuance, shall be payable at such time or times, shall mature at such time or times not exceeding 30 years from their date or dates, or at such times exceeding 30 years as may be hereafter authorized by the laws of the State of Georgia, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution for the issuance of bonds. Section 6. Same; form; denominations; registration; place of payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine. Provisions may be made for the

Page 2772

registration of any coupon bond as to principal alone and also as to both the principal and interest. Section 7. Same; signatures; seal. All such bonds shall bear the manual or facsimile signature of the chairman of the Authority, the attesting manual or facsimile signature of the secretary of the Authority and the official seal of the Authority shall be affixed thereto. The signature of one of such officers shall be placed manually on each bond. Any coupons attached thereto shall bear the manual or facsimile signature of the chairman or the secretary of the Authority. Any coupon may bear the facsimile signature of such person, and any bond may bear the facsimile signature of and may be manually signed, sealed, and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. Section 8. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of the State of Georgia pertaining to negotiable instruments. Such bonds are declared to be issued for an essential public and governmental purpose, and the said bonds, their transfers, and the income therefrom shall be exempt from all taxation within the State. Section 9. Same; sale; price. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority. Section 10. Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects; and unless otherwise provided in

Page 2773

the resolution authorizing the issuance of the bonds, or in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit, which, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same, and shall be entitled to payment from the same fund, without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund, hereinafter provided, for the payment of principal and interest of such bonds. Section 11. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. Section 12. Same; replacement of lost or mutilated bonds. The Authority may also provide for the replacement of any bonds which shall become mutilated or be destroyed or lost. Section 13. Same; conditions precedent to issuance; object of issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular, special, or adjourned meeting of the Authority by a majority of the quorum as in this Act provided. Section 14. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Pickens County or a pledge of the faith

Page 2774

and credit of said county, but such bonds shall be payable solely from the funds hereinafter provided for; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the said county to levy or to pledge any form of taxation whatever therefor, or to make an appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 15. Some; trust indenture as security. In the discretion of the Authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders, as is cutomary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing,

Page 2775

such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. Section 16. Same; to whom proceeds of bonds shall be paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 17. Same; sinking funds. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide; and such funds not pledged, from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking funds shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture; but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit

Page 2776

of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Section 18. Same; remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia, 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, and other charges for the use of the facilities and services furnished. Section 19. Same; refunding bonds. The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities, and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 20. Same; 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 Pickens County, Georgia, and any action pertaining to validation of any bonds

Page 2777

issued under the provisions of this Act shall likewise be brought in said court, which shall have exclusive, original jurisdiction of such actions. Section 21. Same; validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as now or hereafter amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the Authority for services and facilities of the water system for which bonds are to be issued and sought to be validated; and such municipality, county, authority, subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the Court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds against the Authority issuing the same and any municipality, county, authority, subdivision, or instrumentality contracting with the said Pickens County Water and Sewer Authority. Section 22. Same; interest of bondholders protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties, or existence of said Authority or of its officers, employees, or agents, shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds; 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 rights and interests of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the Authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.

Page 2778

Section 23. Moneys received considered trust funds . All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 24. Purpose of the Authority . Without limiting the generality of any provision of this Act, the general purpose of the Authority is declared to be that of acquiring and adequate source or sources of water supply, treatment of such water, and thereafter the distribution of same to various citizens in said county and environs, including adjoining counties and municipalities located therein, and further for the general purpose of gathering and treatment of waste, both individual and industrial; but such general purpose shall not restrict the Authority from selling and delivering water direct to consumers in those areas where there does not now exist water distribution systems, or furnishing sewer facilities to such consumers, and areas where neither any county nor municipality deems it desirable or feasible to furnish water in such locality. The Authority shall not have the authority to construct water lines for the distribution of water directly to consumers within any water district or municipality or within three hundred (300) yards of any water lines existing at the time of the passage of this Act and owned by any water district or municipality or within three hundred (300) yards of any water lines hereafter constructed by any Water Authority heretofore or hereafter created, without first obtaining the express written consent of the appropriate governing bodies of the above-referred-to water districts, municipalities, or other Authority. Section 25. Rates, charges, and revenues; use . The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls, or charges, and to revise from time to time and collect such rates, fees, tolls, or charges, for the services, facilities, or commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided

Page 2779

to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of the water and sewer utility system, and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made. Section 26. Tax exempt status of Authority . The properties of the Authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the State of Georgia, and not for purposes of private or corporate benefit and income; and such properties and the Authority shall be exempt from all taxes and special assessments of any city, county, or the State or any political subdivision thereof. The tax exemption herein provided shall not include any exemption from sales and use tax on property purchased by the Authority or for use by the Authority. Section 27. Rules and regulations for operation of projects . It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which water and sewer service and facilities shall be furnished. Section 28. Powers declared supplemental and additional . The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 29. Liberal construction of Act . This Act, being for the welfare of various political subdivisions of the State and its inhabitants, shall be liberally construed to effect the purposes thereof. Section 30. Effect of partial invalidity of Act . The provisions of this Act are severable; and, if any of its provisions

Page 2780

shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 31. Preservation of Powers. This Act does not in any way take from Pickens County or any municipality located or any adjoining county the authority to own, operate, and maintain water or sewer systems or issue revenue certificates, as is provided by the Revenue Bond Law of Georgia. Section 32. Repeal. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Passage of Local Bill. Notice is hereby given that there will be introduced at the 1969 session of the General Assembly of Georgia, local Legislation which legislation consists of a bill to create the Pickens County Water and Sewer Authority and to authorize such Authority to acquire, construct, operate, maintain, own and improve self-liquidating projects embracing sources of water supply and the treatment, distribution and sale of water to individuals, private concerns and municipal corporations; to authorize such Authority to acquire, construct, operate, maintain, own and improve sewer systems, both sanitary and storm, sewage disposal and sewage treatment plants, and any and all other related facilities, to confer powers and impose duties on the Authority, to provide for the appointment of membership of the Authority and for their tenure of office; to authorize the authority to contract with others pertaining to the water and sewer utilities and facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize acceptance of governmental grants for projects; to authorize the issuance of revenue bonds of the Authority payable from the revenues, tolls, fees, charges and earnings of the Authority to pay the cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds and to authorize the execution of trust indentures to secure the payment thereof

Page 2781

and to define the rights of the holders of such obligations; to provide that no debt of Pickens County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the Authority exempt from taxation; to provide for the Authority to condemn property of every kind; to authorize the issuance for refunding bonds; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds be validated; to provide for the separate enactment of each provision of this Act and repealing all laws or parts of laws in conflict with provisions of this Act; to authorize the Authority to serve any part of Pickens County not served by any other public water or sewer system; and for other purposes. This 17th day of February, 1969. Will Poole, Representative 10th District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Will Poole who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of notice of intention to introduce local legislation was published in the Pickens County Progress which is the official organ of Pickens County, on the following dates: February 13th, 20th, 27th, 1969 /s/ Will Poole Representative, 10th District Sworn to and subscribed before me, this 14th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at large. My Commission expires Jan. 9, 1971. (Seal). Approved April 15, 1969.

Page 2782

WALKER COUNTYAUTOMOBILE FOR USE OF COUNTY COMMISSIONER. No. 295 (House Bill No. 982) An Act to amend an Act creating the office of commissioner of roads and revenues for the County of Walker, approved February 10, 1939 (Ga. L. 1939, p. 751), as amended, particularly by an Act approved June 30, 1964 (Ga. L. 1964, May-June Ex. Sess., p. 2329), so as to authorize an automobile for the use of the commissioner in conducting the official duties of his office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of roads and revenues for the County of Walker, approved February 10, 1939 (Ga. L. 1939, p. 751), as amended, particularly by an Act approved June 30, 1964 (Ga. L. 1964, May-June Ex. Sess., p. 2329), is hereby amended by striking from section 9 the following: After the effective date of this Act, the commissioner shall provide at his own expense his own automobile as is needed to discharge the official duties of his office, except that automobile presently being furnished to said commissioner by Walker County may be utilized by the commissioner until it shall no longer be serviceable and shall be disposed of by the commissioner. He shall continue to receive the expense allowances provided for in section 10 of this Act, and inserting in lieu thereof the following: The commissioner is hereby authorized to purchase in 1969 an automobile from the funds of Walker County which he shall use in the discharge of the official duties of his office, and the expense of the operation of such automobile shall be paid from the funds of the county. The total

Page 2783

purchase price of such automobile shall not exceed $2,975.00. The commissioner shall continue to receive the expense allowances provided for in section 10 of this Act. so that when so amended, section 9 shall read as follows: Section 9. Be it further enacted by the authority aforesaid, that the compensation of said commissioner shall not exceed twelve thousand five hundred dollars ($12,500.00) per annum, to be paid monthly out of the county depository or treasury. Said commissioner shall give his full time to the discharge of his duties as such. The commissioner is hereby authorized to purchase in 1969 an automobile from the funds of Walker County which he shall use in the discharge of the official duties of his office, and the expense of the operation of such automobile shall be paid from the funds of the county. The total purchase price of such automobile shall not exceed $2,975.00. The commissioner shall continue to receive the expense allowances provided for in section 10 of this Act. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to change the compensation of the Walker County Commissioner so as to provide that Walker County may provide suitable motor vehicular transportation for the commissioner of Walker County to use in the discharge of his official duties; and for other purposes. This 24th day of February, 1969. William L. Quinn Walker County, Commissioner

Page 2784

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Wayne Snow who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of notice of intention to introduce local legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following dates: February 26th, March 5th, 12th, 1969. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 17th day of March, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved April 15, 1969. CITY OF NEWNANCHARTER AMENDED, REFERENDUM. No. 296 (House Bill No. 984). An Act to amend an Act creating a new Charter for the City of Newnan, approved December 8, 1893 (Ga. L. 1893, p. 273) as amended, particularly by an Act approved August 9, 1909 (Ga. L. 1909, p. 1199), and an Act approved December 7, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2040), so as to increase the corporate limits of the City of Newnan; to provide for the retention of certain licenses; to provide for a referendum; to repeal the Act approved August 19, 1912 (Ga. L. 1912, p. 1163); to repeal conflicting laws; and for other purposes.

Page 2785

Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating a new charter for the City of Newnan, approved December 8, 1893 (Ga. L. 1893, p. 273), as amended, particularly by an Act approved August 9, 1909 (Ga. L. 1909, p. 1199), and an Act approved December 7, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2040) is hereby amended by adding at the end of section 3 the following: Also beginning at the intersection made by the one and one-half mile limit of the City of Newnan, above described, with the center line of Georgia State Highway No. 34 and running thence in an easterly direction along the center line of said highway to a point bearing N 100[UNK] W from the northwest corner of tract 6A as shown by plat of survey of property of Harrington of record in plat book 4, page 207, in the office of the clerk of the superior court of Coweta County, Georgia; thence S 100[UNK] E to the southwest corner of said tract 6A; thence easterly, parallel with the center line of Georgia State Highway No. 34 300 feet to the southeast corner of tract 6A; thence N 100[UNK] W to the center line of said highway; thence easterly along the center line of said highway to the west line of land lot 54 of the 5th land district; thence north along the west lines of land lots 54 and 75 of the 5th land district to the line dividing the north and south halves of land lot 75; thence east along said half lot line to the west line of land lot 76; thence north along the west line of land lot 76 to a point 971 feet south of the northwest corner of land lot 76; thence east parallel with the north line of land lot 76 to the east line of a county road leading from Georgia State Highway No. 34 to U. S. Highway No. 29; thence south along the east line of said county road to the center line of Georgia Highway No. 34; thence east along the center line of Georgia State Highway No. 34 to a point bearing N 110[UNK] W from the northeast corner of tract 30 as shown by plat of survey of property of Wilkinson, of record in plat book 4, page 203, in said clerk's office; thence S 110[UNK] E to the south line of land lot 77 of the 5th land district; thence west along the north line of land lots 52 and 53 of the 5th land district to the northwest corner of the east half of land lot 53 of the

Page 2786

5th land district; thence south along the line dividing the east and west halves of land lot 53 to the south line of land lot 53; thence west along the south line of land lot 53 to the south west corner of land lot 53; thence north along the west line of land lot 53 to a point 1000 feet south of the south right of way line of Federal Aid Project F-059-1 (1); thence Southwesterly parallel with the south right of way line of Federal Aid Project F-059-1 (1) to a point bearing N 830[UNK] W from a point on the south line of land lot 54 which is N 130[UNK] W of a point on the south line of land lot 43 26 chains east of the southwest corner of said land lot; thence S 830[UNK] E to the south line of land lot 54; thence S 130[UNK] E to the south line of land lot 43; thence west to the southwest corner of land lot 43; thence north along the west line of land lot 43 to a point 2534 feet south of the northwest corner of land lot 43; thence west parallel with the south line of land lot 42 to the one and one-half mile limit of the City of Newnan; thence northerly along the arc of the curve made by said city limit to the beginning point. so that section 3 when so amended shall read as follows: Section 3. Be it further enacted, that the corporate limits of said City of Newnan shall extend one and one-half miles in every direction from the center of the courthouse in said city, and shall cover and embrace the following other territory described, as follows: The northeast quarter of lot of land No. 22 in the original second district of said County of Coweta and upon which is located the waterworks plant of said city, said tract containing fifty acres, also the road thirty feet wide leading from said city to said waterworks plant, northwest corner of lot No. 23 in the fifth district of Coweta County, and all of land lot No. 42 in the second land district of Coweta County containing 202 acres, more or less, upon which said tracts are located the waterworks plant of said city. Also beginning at the intersection made by the one and one-half mile limit of the City of Newnan, above described, with the center line of Georgia State Highway No. 34 and running thence in an easterly direction along the center line of said highway to a point bearing N 100[UNK] W from the northwest corner of tract 6A as shown by plat of survey

Page 2787

of property of Harrington of record in plat book 4, page 207, in the office of the clerk of the superior court of Coweta County, Georgia; thence S 100[UNK] E to the southwest corner of said tract 6A; thence easterly, parallel with the center line of Georgia State Highway No. 34 300 feet to the southeast corner of tract 6A; thence N 100[UNK] W to the center line of said highway; thence easterly along the center line of said highway to the west line of land lot 54 of the 5th land district; thence north along the west lines of land lots 54 and 75 of the 5th land district to the line dividing the north and south halves of land lot 75; thence east along said half lot line to the west line of land lot 76; thence north along the west line of land lot 76 to a point 971 feet south of the northwest corner of land lot 76; thence east parallel with the north line of land lot 76 to the east line of a county road leading from Georgia State Highway No. 34 to U. S. Highway No. 29; thence South along the East line of said county road to the center line of Georgia State Highway No. 34; thence east along the center line of Georgia State Highway No. 34 to a point bearing N 110[UNK] W from the northeast corner of tract 30 as shown by plat of survey of property of Wilkinson, of record in plat book 4, page 203, in said clerk's office; thence S 110[UNK] E to the south line of land lot 77 of the 5th land district; thence west along the north line of land lots 52 and 53 of the 5th land district to the northwest corner of the east half of land lot 53 of the 5th land district; thence south along the line dividing the east and west halves of land lot 53 to the south line of land lot 53; thence west along the south line of land lot 53 to the southwest corner of land lot 53; thence north along the west line of land lot 53 to a point 1000 feet south of the south right of way line of Federal Aid Project F-059-1 (1); thence southwesterly parallel with the south right of way line of Federal Aid Project F-059-1 (1) to a point bearing N 830[UNK] W from a point on the south line of land lot 54 which is N 130[UNK] W of a point on the south line of land lot 43 26 chains east of the southwest corner of said land lot; thence S 830[UNK] E to the south line of land lot 54; thence S 130[UNK] E to the south line of land lot 43; thence west to the southwest corner of land lot 43; thence north along the west line of land lot 43 to a point

Page 2788

2534 feet south of the northwest corner of land lot 43; thence west parallel with the south line of land lot 42 to the one and one-half mile limit of the City of Newnan; thence northerly along the arc of the curve made by said city limit to the beginning point. Section 2. Annexation under this Act shall not become effective until approved by the voters in an election conducted as hereinafter provided. Not less than twenty days nor more than thirty days after the date of the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of the ordinary of Coweta County to issue the call for an election for the purpose of submitting this Act to the voters residing in the territory proposed to be annexed under the terms of this Act and the voters residing in the present corporate limits of the City of Newnan. For the purpose of said election there shall be a special registration of voters residing in the territory proposed to be annexed and voters residing in the corporate limits of the City of Newnan. The voters in the territory proposed to be annexed shall register with the proper county authority, and the voters in the present corporate limits of the City of Newnan shall register with the proper city authorities. All voters shall be allowed to register up until ten days prior to the date of the election. The registration books for the City of Newnan and for the territory proposed to be annexed shall be opened for registration on the day after the election is called by the ordinary. No person shall be entitled to vote in said election unless he or she has specially registered as above provided. The date of the election shall be set for a date not less than thirty nor more than sixty days from the date of the issuance of such call, and it shall be the duty of the ordinary to set such date. The date, purpose and a brief explanation of the voting procedure shall be published in the official organ of Coweta County once a week for three weeks immediately preceding the date of the election. The registration list of all eligible voters residing within the present corporate limits of the City of Newnan shall be furnished to the ordinary by the city authorities whose duty it is to make said list. The ordinary shall conduct

Page 2789

and hold the election at the Coweta County courthouse in the City of Newnan. Ballots used in the election shall have printed thereon the words, For approval of the Act annexing certain territory to the City of Newnan, and Against approval of the Act annexing certain territory to the City of Newnan. Referendum. Those persons voting in favor of the Act shall vote for approval, and those voting for rejection of the Act shall vote against approval. If a majority of those persons voting in said election vote against approval of the Act, it shall be void and of no force and effect. The expense of the election on the annexation of territory proposed by this Act shall be borne by the City of Newnan. It shall be the duty of the ordinary to declare the results of the election, and it shall be his further duty to certify the results thereof to the Secretary of State. Section 3. If any provision of this Act shall be held to be unconstitutional, such provision alone shall be invalid, and the other parts of this Act shall be unaffected thereby, and shall remain in full force and effect. Severability. Section 4. Be it further enacted by the authority aforesaid that the Act approved August 19, 1912 (Ga. L. 1912, p. 1163) be and the same is hereby repealed. Act of 1912 repealed. Section 5. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. There is hereto attached and made a part hereof a publisher's affidavit showing intention to introduce this bill as required by the Constitution of the State of Georgia and the laws thereon. Georgia, Coweta County. By direction of the mayor and council of the City of Newnan, Coweta County, Georgia, notice is hereby given that at this the 1969 Session of the General Assembly of

Page 2790

the State of Georgia, application will be made for the passage of a bill which will be introduced, providing as follows: An Act to amend an Act of the General Assembly of Georgia, entitled an Act to create a new charter of the City of Newnan, in the County of Coweta, approved December 8, 1893, and to amend particularly an Act of the said General Assembly approved August 15, 1910, amending said Act approved December 8, 1893, and to amend any Act amendatory to either of said above described Acts, so as to enlarge and extend the corporate limits of the City of Newnan in the County of Coweta, by the incorporation therein of additional and contiguous territory extending northeasterly along State Highway Project F-059-1 (1), and for other purposes. This notice is given in terms of the law. This the twenty-eighth day of January, 1969. Georgia, Coweta County. Personally appeared before the undersigned, an officer duly authorized to administer oaths, E. W. Thomasson, who first being duly sworn, deposes and says on oath that he is the publisher and editor of Newnan Times-Herald and one of its agents, the same being a newspaper having a general circulation in Coweta County, Georgia; that the within and foregoing notice of intention to introduce local legislation has been duly published in editions of said paper on the 30th day of January, 1969, the 6th day of February, 1969, and the 13th day of February, 1969. E. W. Thomasson Sworn to and subscribed before me, this 14th day of March, 1969. /s/ Virginia Starr Mottola Notary Public. (Seal). Approved April 15, 1969.

Page 2791

CITY OF LULASALARIES OF OFFICERS AND EMPLOYEES. No. 297 (House Bill No. 987). An Act to amend an Act incorporating and granting a charter to the City of Lula, approved March 7, 1956 (Ga. L. 1956, p. 3166), as amended, so as to authorize the mayor and council to fix the compensation of officers and employees of said city, except the salaries of the mayor and councilmen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating and granting a charter to the City of Lula, approved March 7, 1956 (Ga. L. 1956, p. 3166), as amended, is hereby amended by striking section 20 in its entirety and inserting in lieu thereof a new section 20, to read as follows: Section 20. The mayor and council, at its regular meeting in July of each year, shall elect a city clerk and treasurer; said treasurer to give bond with security in the sum of $1,000 for the faithful performance of his duties; a marshal, who may be chief of police, and as many policemen as in the judgment of the mayor and council shall be necessary for the safety and protection of the citizens of said city; a city attorney and such other officers as the mayor and council shall deem necessary in the good government of the city. Each of said officers shall take oaths; perform such duties and give such bonds as the mayor and council may by ordinance prescribe; provided that all bonds of officers shall be made payable to the City of Lula. Said mayor and council shall have the power and authority to suspend and remove said officers in their discretion; and it shall be the duty of the mayor and council to fix the salaries, or compensation, of all officers, agents and employees of said city, other than the salaries of the mayor and councilmen. The mayor of said city shall receive $100 per year and each councilman shall receive $50 per year

Page 2792

as compensation for their services. All expenditures of the mayor and council for city purposes shall be paid out of the city funds by an order drawn by the city clerk, after the mayor and council have authorized such expenditures. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intent to procure the Introduction at the current 1969 session of the General Assembly of Georgia of a local bill authorizing the mayor and councilmen of the City of Lula to fix the compensation of offices and employees of said city, other than the salaries of the mayor and councilmen, repealing conflicting laws and for other purposes. This 24th day of February, 1969. Henry Miller, Mayor City of Lula Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe T. Wood who, on oath, deposes and says that he is Representative from the 16th District, and that the attached copy of notice of intention to introduce local legislation was published in The Daily Times which is the official organ of Hall County, on the following dates: February 27, March 6 and March 13, 1969. Joe T. Wood Representative, 11th District

Page 2793

Sworn to and subscribed before me, this 17th day of March, 1969. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My Commission Expires December 26, 1972. (Seal). Approved April 15, 1969. GWINNETT COUNTYAUDITS. No. 298 (House Bill No. 1005). An Act to amend an Act creating a new board of commissioners of roads and revenues of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), so as to change the provisions relating to audits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new board of commissioners of roads and revenues of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), is hereby amended by striking section 24 of part I in its entirety and substituting in lieu thereof a new section 24 of part I to read as follows: Section 24. The last grand jury impaneled in each year shall obtain estimates and employ a certified public accountant for the making on an annual continuous audit of county finances and financial records. The accountant so employed shall be paid by the commissioners out of county funds, and shall perform a complete audit of the financial records of the county for the ensuing year, pointing out any irregularities found to exist, and reporting the results of such audit to the grand jury and the commission annually. Each annual report submitted to the commission shall be filed with the department of finance and be made

Page 2794

available to public inspection as other records in such office. The commission shall cause to be published in the official organ of Gwinnett County and posted at the courthouse door a statement of the financial condition of the county as of December 31 of each year. The accountant shall transmit to the grand jury of the Superior Court of Gwinnett County a copy of each annual report furnished by him to the commission. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969, Session of the General Assembly of Georgia, a bill to amend the act creating Gwinnett County board of commissioners of roads and revenues, Georgia Laws 1968, volume II, page 3003, et seq., to provide for estimates to be received by the grand jury from auditors rather than bids, and to provide for quarterly reports by the director of finance rather than by the auditor, and for other purposes. /s/ James D. Mason Representative, 22nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James D. Mason who, on oath, deposes and says that he is Representative from the 13th District, and that the attached copy of notice of intention to introduce local legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: February 28th, March 7th, 14th, 1969. /s/ James D. Mason Representative, 13th District

Page 2795

Sworn to and subscribed before me, this 17th day of March, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 15, 1969. COPY OF ALBANYSALARIES OF MAYOR AND CITY COMMISSIONERS. No. 299 (House Bill No. 1006). An Act to amend an Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, particularly by an Act approved February 26, 1962 (Ga. L. 1962, p. 2205), so as to change the compensation of the mayor and city commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, particularly by an Act approved February 26, 1962 (Ga. L. 1962, p. 2205), is hereby amended by striking from subsection (e) of section 3 the following: fifteen hundred ($1500.00) and eighteen hundred ($1800.00) and substituting in lieu thereof the following: three thousand ($3,000.00) and three thousand six hundred ($3,600.00), respectively, so that when so amended subsection (e) shall read as follows:

Page 2796

(e) Each member of said board of city commissioners shall receive a salary of not exceeding three thousand ($3,000.00) dollars per annum, to be fixed by ordinance, payable in monthly installments on the first day of each month. The mayor shall receive a salary of not exceeding three thousand six hundred ($3,600.00) dollars per annum, to be fixed by ordinance, payable in monthly installments on the first day of each month. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to change the compensation of the mayor and commissioners of the City of Albany; and for other purposes. This 22nd day of February, 1969. William S. Lee Representative, 61st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William S. Lee who, on oath, deposes and says that he is Representative from the 61st District, and that the attached copy of notice of intention to introduce local legislation was published in The Albany Herald which is the official organ of Dougherty

Page 2797

County, on the following dates: February 22, March 8, 15, 1969. /s/ William S. Lee Representative, 61st District Sworn to and subscribed before me, this 19th day of March, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 15, 1969. DOUGHERTY COUNTCOMPENSATION OF BOARD OF COMMISSIONERS. No. 300 (House Bill No. 1007). An Act to amend an Act creating a board of commissioners of Dougherty County, approved March 4, 1941 (Ga. L. 1941, p. 834), as amended, so as to change the compensation of the chairman and members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of Dougherty County, approved March 4, 1941 (Ga. L. 1941, p. 834), as amended, is hereby amended by striking in its entirety section 7 and substituting in lieu thereof a new section 7 to read as follows: Section 7. Be it further enacted by the authority aforesaid, that the salary of the chairman of the board shall

Page 2798

be $3,600.00 per annum and the salaries of the remaining members of the board shall be $3,000.00 per annum. Said salary shall be paid in equal monthly installments out of the treasury of Dougherty County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to change the compensation of the members of the board of commissioners of Dougherty County and for other purposes. This 22nd day of February, 1969. /s/ William S. Lee Representative, 61st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William S. Lee who, on oath, deposes and says that he is Representative from the 61st District, and that the attached copy of notice of intention to introduce local legislation was published in The Albany Herald which is the official organ of Dougherty County, on the following dates: February 22, March 8, 15, 1969. /s/ William S. Lee Representative, 61st District

Page 2799

Sworn to and subscribed before me, this 19th day of March, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 15, 1969. CITY OF LAWRENCEVILLEELECTIONS. No. 301 (Senate Bill No. 124). An Act to amend an Act creating a new charter for the City of Lawrenceville, approved August 19, 1912 (Ga. L. 1912, p. 1043), as amended, particularly by an Act approved March 3, 1962 (Ga. L. 1962, p. 2833), so as to provide that the mayor and councilmen shall be elected by a majority vote; to provide for a runoff election; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Lawrenceville, approved August 19, 1912 (Ga. L. 1912, p. 1043), as amended, particularly by an Act approved March 3, 1962 (Ga. L. 1962, p. 2833), is hereby amended by striking section 4B in its entirety and inserting in lieu thereof a new section 4B, to read as follows: Section 4B. In the event no candidate for councilman or no candidate for mayor receives a majority of the votes cast at the regular election held to elect such officers, the mayor and council shall cause a runoff election to be held between the two candidates for councilman or the two candidates for mayor, as the case may be, who received the highest number of votes cast at the regular city election. The candidate for councilman and the candidate for mayor

Page 2800

who receive the majority of votes cast at said runoff election shall be declared the winner. The runoff election provided herein shall be held in the manner provided in the `Georgia Municipal Election Code'. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to amend the charter of the City of Lawrenceville, so as to provide that the mayor and councilmen must receive a majority of the votes cast to be elected; and for other purposes. This 15 day of January, 1969. /s/ Steve Reynolds Senator, 48th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Steve Reynolds who, on oath, deposes and says that he is Senator from the 48th District, and that the attached copy of notice of intention to introduce local legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 17th, 24th, and 31st, 1969. /s/ Steve Reynolds Senator, 48th District

Page 2801

Sworn to and subscribed before me, this 12 day of Feb., 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April, 16, 1969. CITY OF MACONCHARTER AMENDED. No. 304 (House Bill No. 160). An Act to amend an Act reenacting the charter of the City of Macon contained in the Act approved August 17, 1914, together with Acts amending same, passed since 1914, approved August 3, 1927 (Ga. L. 1927, p. 1283), as amended, particularly by an Act approved March 9, 1939 (Ga. L. 1939, p. 1149), and an Act approved February 17, 1949 (Ga. L. 1949, p. 759), so as to change certain provisions relating to police and firemen's retirement and disability pensions; to change provisions relating to official holidays of said city; to change provisions relating to working hours of certain employees of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act reenacting the charter of the City of Macon contained in the Act approved August 17, 1914, together with Acts amending same, passed since 1914, approved August 3, 1927 (Ga. L. 1927, p. 1283), as amended, particularly by an Act approved March 9, 1939 (Ga. L. 1939, p. 1149), and an Act approved February 17, 1949 (Ga. L. 1949, p. 759), is hereby amended by adding a new section, to be designated as section 70A, which shall read as follows:

Page 2802

Section 70A. (Article I)Definitions. As used in this Section, the following words shall have the meaning as set forth below unless as otherwise required by the context: (1) `System' shall mean the Macon Fire Police Department Employees' Retirement System as provided herein. (2) `Effective date'July 1, 1969. (3) `City' shall mean the City of Macon, Georgia. (4) `Board' shall mean the Retirement Board of Trustees provided for in Article VIII of this Section. (5) `Basic compensation' shall mean the actual monthly compensation paid during any month to an employee, exclusive of reimbursed expenses, overtime and all other unusual compensation. (6) `Average compensation' shall mean the annual average of basic compensation paid by the City to an employee during the 36 months prior to his retirement. (7) `Fund' shall mean the medium to which employee contributions and City contributions made under the terms of the System are accumulated and out of which all benefits under the terms of the System are paid. (8) `Employee' shall mean all full-time, permanent firemen and policemen employed by the City. (9) `Service' shall mean all years and completed months (expressed as a fraction of a year, but if six or more months considered as a full year) of employment, whether continuous or not, of an employee of the City, excluding any period of employment during which the employee was on authorized leave of absence without pay for more than 30 days. (10) `City contributions' shall mean payments by the City to the System as determined by the actuary as necessary to maintain an actuarially sound System.

Page 2803

(11) `Employee contributions' shall mean payments deducted from the basic compensation of an employee and credited to his individual account in the System. (12) `Accumulated contributions' shall mean with respect to any employee, the aggregate of his employee contributions. (13) `Actuarial equivalent' shall mean the condition of equilibrium which exists between two or more benefits of different incidence of payment valued at the same point in time and under the same actuarial assumptions. (14) `Individual account' shall mean the detailed records kept of the amount of employee contributions credited or charged to each employee under the System in accordance with the terms of the System. (15) `Beneficiary' shall mean the person or persons entitled to receive any benefits at the death of the employee and who has been designated by the employee by written notice to the Board. If no person or persons so designated are living at the time of the death of the employee, the beneficiary shall be the estate of the employee. (16) `Prior System' shall mean the Retirement System for police and fire department employees in effect prior to the enactment of the System. (Article II)Eligibility and Membership. (1) Eligibility. Each employee who is in the employ of the City on the effective date, may elect to become a member of the System as of the effective date. Such election must be made prior to July 1, 1969. Employees who elect not to become members of the System will become Prior System members and will be entitled to benefits as defined by the Prior System and will continue to make contributions as required by that System. (2) Membership. Each employee who becomes a member or a Prior System member on the effective date of this

Page 2804

System, and each new member after the effective date, shall make application for membership in the System. Such application shall include a designation of beneficiaries to receive any death benefits paid in accordance with the System. Such application shall also include the employee's acceptance of the terms and conditions of the System and the Fund, and authorization of the deduction of employee contributions from his basic compensation. Once an employee has become a member, he shall continue to be a member as long as he continues to be an employee and thereafter as long as he retains any rights to benefits under the System. Participation in the System will not give any employee the right to be retained in the employ of the City nor upon dismissal to have any rights or interest in the System other than as herein provided. (Article III)Retirement Dates. (1) Normal Retirement Date. The normal retirement date of an employee shall be the first day of the month coinciding with or next following his completion of twenty-five (25) years of service and the attainment of age 55, whichever is later. Any employee shall retire from the employment of the City on his normal retirement date except as otherwise provided in Sections (2) and (3) of this Article III. (2) Delayed Retirement Date. At the request of the City, an employee may remain in the active employ of the City beyond his normal retirement date for such period or periods from time to time as shall be mutually agreed upon. The employee shall retire from the City on the first day of any month during such extended period and such date shall be the delayed retirement date of the employee.

Page 2805

(3) Early Retirement Date. An employee may retire from the employment of the City on the first day of any month prior to his Normal Retirement Date, provided the employee has completed twenty-five years of service. Such date of retirement shall be the early retirement date of the employee. (4) Disability Retirement Date. (a) In Line of Duty. An employee who becomes totally and permanently disabled as hereinafter defined, as a result of an act while carrying out his duties as an employee, shall be retired on the first day of the month coinciding with or next following the date the Board shall determine the employee as permanently and totally disabled. (b) Not in Line of Duty. An employee who becomes totally and permanently disabled other than as a result of an act while carrying out his duties as an employee, but after the completion of fifteen years of service, shall be retired on the first day of the month coinciding with or next following the date the Board determines the employee as totally and permanently disabled. Should an employee become disabled prior to the completion of fifteen years of service, except as provided in (a) above, the employee shall receive only a refund of his accumulated contributions. (c) Determination of Total and Permanent Disability. An employee shall be considered totally disabled if, in the opinion of the Board, relying on the advice of a licensed physician or physicians, he is wholly prevented by his physical and mental condition from discharging his usual duties in an efficient manner. An employee shall be considered permanently disabled, if, in the opinion of the Board, relying on the advice of a licensed physician or physicians, such employee is likely to remain so disabled continuously and permanently from a cause other than specified in Section (3) (d) below. The decision of the Board on these questions shall be final and binding and shall not be appealed. (d) An employee shall not be entitled to receive any disability retirement income if the disability is a result of the following:

Page 2806

(1) Injury or disease sustained by the employee while wilfully and illegally participating in acts of violence, riots, civil insurrections or while committing a felony; (2) Injury or disease sustained by the employee while serving in any armed forces of any country; (3) Injury or disease sustained by the employee after his employment has terminated; (4) Injury or disease sustained by the employee while working for anyone other than the City and arising out of such employment; or (5) Intentional, self-inflicted injury. (e) Termination of Disability Retirement Benefit. Once each year the Board may require any employee receiving a disability benefit who has not reached his normal retirement date to undergo a medical examination by a physician or physicians designated by the Board. If it appears from such medical examination that the disability of an employee who has not reached his normal retirement date has ceased, his disability benefit shall be discontinued by the Board. Should any such employee refuse to submit to such medical examination and should he fail to undergo such medical examination for a year, all his rights in and to his disability benefit shall cease. If the disability retirement benefit of an employee is discontinued prior to the normal retirement date of the employee because the disability of the employee has ceased and if such employee is reemployed by the City within six months following the date such disability ceases, then automatically after such reemployment the employee shall accumulate benefits as an employee and any benefits to which the employee thereafter may become entitled under any of the provisions of the System will be subject to the provision that average compensation during such period of disability shall be considered as being at the same rate as was in effect on the date the participant became totally and permanently disabled.

Page 2807

(Article IV)Retirement Benefits. (1) Normal Retirement Benefit. An employee shall, upon retirement on his normal retirement date, receive a monthly retirement benefit by which payment shall commence on his normal retirement date and shall be payable on the first day of each month thereafter during his lifetime. The amount of each monthly payment shall be determined as 1/12 of forty per cent (40%) of his average compensation. (2) Delayed Retirement Benefit. An employee, upon retirement on his delayed retirement date, shall receive a monthly retirement benefit under which payment shall commence on his delayed retirement date and shall be payable on the first day of each month thereafter during the lifetime of the employee. The amount of each monthly retirement benefit shall be computed in the same manner as for his normal retirement benefit, based on average compensation as of his delayed retirement date. (3) Early Retirement Benefit. An employee, upon retirement on his early retirement date shall receive an immediate monthly retirement benefit which shall commence on the employee's early retirement date and shall be continued on the first day of each month thereafter during the lifetime of the employee. The amount of such monthly retirement benefit shall be computed in the same manner as for his normal retirement benefit, based on average compensation as of his early retirement date, except that such amount shall be reduced by five twenty-fourths of one per cent (5/24%) for each month by which the early retirement date precedes the normal retirement date. (4) Disability Retirement Benefit. (a) In Line of Duty. An employee, upon retirement on his disability retirement date, as defined in Article III, Section (3) (a), shall receive a monthly retirement benefit which shall commence on the employee's disability retirement date and shall be continued on the first day of each month thereafter during the lifetime and continued disability of the employee. The amount

Page 2808

of such immediate monthly benefit shall be determined in the same manner as for a normal retirement benefit, except that average compensation shall be computed as of the disability retirement date of the employee. (b) Not in Line of Duty. An employee, upon retirement on his disability retirement date as provided in Article III, Section (3) (b) shall receive an immediate monthly retirement benefit which shall commence on the employee's disability retirement date and shall be payable on the first day of each month thereafter during the lifetime and the continued disability of the employee. The amount of such immediate monthly benefit shall be determined in the same manner as for a normal retirement benefit except that average compensation shall be determined as of the employee's disability retirement date, but reduced in accordance with his length of service as set forth in the following schedule: 15 years actual service 40% of benefit 16 years actual service 45% of benefit 17 years actual service 50% of benefit 18 years actual service 55% of benefit 19 years actual service 60% of benefit 20 - 25 years actual service 65% of benefit. If an employee has less than fifteen (15) years of service, he shall receive a refund of his accumulated contributions. (Article V)Death or Termination of Employment. (1) Death Before Retirement. (a) In Line of Duty. If any employee shall lose his life or later die from injuries received while in the discharge of his duties, and shall leave a widow and/ or child or children under the age of eighteen (18) years, and unmarried, the Board shall authorize and direct payment of a monthly benefit to the widow, child or children, but only in the following amounts and on the following conditions: (i) The widow shall receive a monthly income of fifty per cent (50%) of the normal retirement benefit the employee

Page 2809

would otherwise have received (average compensation being based on the thirty-six (36) months immediately preceding death), plus an additional fifteen per cent (15%) for the first minor child, twenty per cent (20%) for two minor children, and twenty-five per cent (25%) for three or more minor children. (ii) If there be no widow, one (1) unmarried child under the age of eighteen (18) years shall receive a monthly income of fifty per cent (50%) of the normal retirement benefit the employee would otherwise have received (average compensation being based on the thirty-six (36) months immediately preceding death); two children shall receive fifty-five per cent (55%) of said benefit; three or more children shall receive sixty per cent (60%) of said benefit. (iii) If there be a surviving widow and she subsequently dies, then the child or children shall receive the benefit applicable under Article V, Section (1) (a) (ii), just as if there had been no widow at member's death. (iv) If there be a surviving widow and she remarries, then the child or children shall receive the benefit applicable under Article V, Section (1) (a) (i). (b) Not in Line of Duty. If an employee dies from causes not attributed to his active duties, providing that such employee shall have fifteen (15) or more years service prior to the date of his death, the Board shall authorize and direct payment of a monthly benefit to the widow, child or children, in the following amounts: (i) The widow shall receive a monthly income of fifty per cent (50%) of the non-service disability retirement benefit as provided in Article IV, Section (3) (b), that the employee would otherwise have received (average compensation being based on the thirty-six (36) months immediately preceding death), plus an additional fifteen per cent (15%) for the first minor child, twenty per cent (20%) for two minor children, and twenty-five per cent (25%) for three or more minor children.

Page 2810

(ii) If there be no widow, one (1) unmarried child under the age of eighteen (18) years shall receive a monthly income of fifty per cent (50%) of the non-service disability retirement benefit as provided in Article IV, Section (3) (b) that the employee would otherwise have received (average compensation being based on the thirty-six (36) months immediately preceding death); two children shall receive fifty-five per cent (55%) of said benefit; three or more children shall receive sixty per cent (60%) of said benefit. (iii) If there be a surviving widow and she subsequently dies, then the child or children shall receive the benefit applicable under Article V, Section (1) (b) (ii), just as if there had been no widow at member's death. (iv) If there be a surviving widow and she remarries, then the child or children shall receive the benefit applicable under Article V, Section (1) (b) (i). If an employee dies from causes not attributed to his active duties, but has less than fifteen (15) years of service, the employee's accumulated contribution shall be paid to the employee's beneficiary in a lump sum. (2) Death Benefit After Retirement. If an employee dies subsequent to actual retirement, his widow shall receive a benefit equal to fifty per cent (50%) of the benefit the employee was receiving at the time of his death. (3) Termination of Employment. Should the employment of an employee be terminated voluntarily or involuntarily, prior to the completion of twenty-five (25) years of service, he will be entitled to a refund of his accumulated contributions made to the System. (Article VI) Contributions. (1) Employee Contributions. Each employee shall contribute five per cent (5%) of his basic compensation each month after becoming a member of the System.

Page 2811

The City shall deduct such employee contributions from the basic compensation of the employee and shall credit such contributions to the employee's individual account. The City shall pay monthly the amount so deducted to the Fund to be held and administered as provided for herein. For any employee who on the effective date of this System was a member of the General Employees' Retirement System of the City of Macon and who had made contributions to that System, the Board shall have such contributions transferred to the Fund created under this System and such contributions will be credited to the individual account of each such employee. (2) City Contributions. The City shall quarterly make contributions as determined by the actuary as necessary to keep the System actuarially sound. The Board relying on the advice of the actuary, may from time to time increase or decrease the amount of the City contributions, provided, however, the benefits to be paid or made available under the System are not affected at any time. All City contributions shall be paid to the Fund and shall be irrevocable except as herein provided and shall be used only for the benefit of the employees and their beneficiaries. Investment of all employee contributions and all City contributions made toward the cost of the System will be accomplished through the Fund and shall be subject to the laws of the State of Georgia. Payments of all benefits of all employees and beneficiaries shall be accomplished through the System. (Article VII) Retirement Board of Trustees. (1) Appointment and Term of Office. The general administration and responsibility for the proper operation of the System is hereby vested in the Retirement Board of Trustees, hereinafter referred to as the Board. The Board shall consist of six (6) active members. The six members consist of two (2) Aldermen appointed by the Mayor, the City Attorney, one (1) representative of the

Page 2812

Police Department chosen by a majority vote of the policemen, one (1) representative of the Fire Department chosen by a majority vote of the firemen, and a private citizen of the City (who is knowledgeable in investment finance), to be selected by the abovementioned five. The terms of office of the Board member elected by the employees and the private citizen member chosen as above shall each be for a term of two (2) years and until a successor has been selected and qualified. (2) Organization of the Board. The Board shall elect a Chairman and a Secretary from among its members. The Board may appoint such agents, who need not be members of such Board, as it may deem necessary for the effective performance of its duties and it may delegate to such agents such powers and duties whether ministerial or discretionary as the Board may deem expedient or appropriate. The compensation of such agent shall be fixed by the Board within limits set by the City Commissioners. The Board shall act by majority vote of its active members. The Board members shall serve without compensation. (3) Powers of the Board. The Board shall have complete control of the administration of the System with all powers necessary to enable it to properly carry out its duties in that respect. Not in limitation, but in amplification of the foregoing, such Board shall have the power to construe the said System and to determine all questions which shall arise thereunder and shall also have all the powers herein conferred upon it. It shall decide all questions relating to eligibility of employees to participate in the benefits of the System and shall determine the benefits of this System to which any employee or his beneficiary may be entitled. All disbursements shall be made upon, and in accordance with, written instructions of the Board, signed by the Secretary. The decision of the Board upon all matters within the scope of its authority shall be binding upon all parties of this instrument, employees and their beneficiaries. The Board shall establish rules and procedures to be followed by employees and beneficiaries in filing applications

Page 2813

for benefits and in furnishing and verifying proof necessary to determine age and any other matters required to administer the System. The Board shall receive all applications for benefits. Upon receipt by the Board of such an application, it shall determine all facts which are necessary to establish the right of the applicant to benefits under the provisions of the System and the amount thereof as herein provided. Upon request, the Board will afford any applicant the right of hearing with respect to any findings of fact or determination. The Board shall prepare and distribute to the employees, at the expense of the City, and in such manner as it shall be deemed appropriate, information concerning the System. To enable the Board to perform its functions, the City shall supply full and timely information to the Board of all matters relating to the compensation of the employees, their length of service, their retirement or other causes for termination of employment, and such other pertinent facts as the Board may require. The Board shall designate an actuary who shall be the technical advisor of the Board regarding the operation of the System and shall perform such other duties as are required in connection therewith. The Board shall be entitled to rely upon all tables, valuations, certificates, and reports furnished by the actuary and upon all opinions given by the City Attorney, and the Board shall be fully protected in respect to any action taken or suffered by them in good faith in reliance upon the advice or opinion of any such actuary or counsel, and all action so taken or suffered shall be conclusive upon each of them and upon all employees or other persons interested in the System. (4) Records of Board. All acts and determinations of the Board shall be duly recorded by the Secretary thereof, or under his supervision, and all such records, together with such other documents as may be necessary for the administration

Page 2814

of the System shall be preserved in the custody of such Secretary. (5) Exemption from Liability of Board. The members of the Board, and each of them, shall be free from all liability, joint or several, for their acts, omissions and conduct, and for the acts, omissions and conduct of their duly constituted agents, in the administration of the System and the City shall indemnify and save them, and each of them, harmless from the effects and consequences of their acts, omissions and conduct in their official capacity, except to the extent that such effects and consequences shall result from their own wilful misconduct. (6) Annual Audit Required. An annual audit prepared by a certified public accountant chosen by the Board shall be made at the close of each fiscal year (December 31) of all the transactions of the System. (Article VIII) Trust and Trustee. The Board at its own discretion shall appoint the Trustee. The Trust Agreement shall be in such form and containing such provisions as the Board deems appropriate, including, but not by way of limitation, the position with respect to the liability of the Trustees, the authority of the Board to settle the accounts of the Trustee on behalf of all persons having interest in the Trust and from time to time shall appoint a new Trustee in place of any then acting Trustee. With respect to any payment to or for the benefit of any employee or beneficiary under the System the Trustee shall follow the directions of the Board. Trustee. When entered into, the Trust Agreement shall be deemed to form a part of the System and any and all rights to benefits which may accrue to any person under the System shall be subject to all the terms and provisions of the Trust Agreement. A Trust Fund shall be established under the terms of said Trust Agreement and all employee contributions and City contributions shall be paid into the System and the Trustees shall, subject to the direction of the Board

Page 2815

and subject to any limitations established by the laws of Georgia, invest, reinvest and administer such Fund. (Article IX) Miscellaneous. (1) Headings. The headings and subheadings in this System have been inserted for convenience of reference only and are to be ignored in any construction of the provisions hereof. (2) Construction. In the construction of this System the masculine shall include the feminine and the singular the plural in all cases where such meanings would be appropriate. The System shall be construed in accordance with the law of the State of Georgia. (3) Spendthrift Clause. To the extent permitted by law, none of the benefits, payments, proceeds or distributions under this System shall be subject to the claim of any creditor of the employee or to the claim of any creditor of any beneficiary hereunder or to any legal process by any creditor of such employee or any such beneficiary; and neither such employee or any such beneficiary shall have any right to alienate, commute, anticipate or assign any of the benefits, payments, proceeds or distributions under this System except to the extent expressly provided herein to the contrary: If any employee shall attempt to dispose of the benefits provided for him hereunder, or to dispose of the right to receive such benefits, or in the event there should be an effect to seize such benefits or the right to receive such benefits by attachment, execution or other legal or equitable process, such right may pass and be transferred, at the discretion of the Board, to such one or more as may be appointed by the Board from among the beneficiaries, if any, theretofore designated by the employee, or from the spouse, children or other dependents of the employee, in such shares as the Board may appoint. Any appointment so made by the Board may be revoked by it at any time and further appointment made by it which may include the employee.

Page 2816

(4) Legally Incompetent. If any employee or beneficiary is a minor, or is in the judgment of the Board otherwise legally incapable of personally receiving and giving a valid receipt for any payment due him hereunder, the Board may, unless and until claim shall have been made by a duly appointed guardian or committee of such person, direct that such payment or any part thereof be made to such person's spouse, child, parent, brother or sister or other person deemed by the Board to have incurred expense for or assumed responsibility for the expenses of such person. Any payment so made shall be a complete discharge of any liability under this System for such payment. (5) Benefits Supported Only by Trust Fund. Any person having any claim under the System will look solely to the assets of the System for satisfaction. In no event will the City or any of its officials, members of its Commission or agents, be liable in their individual capacities to any person whomsoever under the provisions of the System. (6) Misconduct. If the Board finds that any retired or terminated employee enagaged in misconduct involving dishonesty or moral turpitude while employed with the City, the Board shall reduce or suspend the benefits of the employee, which reduction or suspension shall continue until removed by notice from the Board. (7) Discrimination. The City, through the Board, shall administer the System in a uniform and consistent manner with respect to all employees and shall not permit discrimination of any kind. (8) Limitation of Liability; Legal Action. It is expressly understood and agreed by each employee who becomes a member hereunder, that except for its or their wilful neglect or fraud, neither the City nor the Board shall be in any way subject to any suit or litigation, or to any legal liability, for any cause or reason or thing whatsoever, in connection with this System or its operation, and each such employee hereby releases the City and all its officers and agents from any and all liability or obligation.

Page 2817

To any action or proceeding involving the assets held with respect to the System or the administration thereof, the City, the Board and the Trustee shall be the only necessary parties and no employees or former employees of the City or their beneficiaries or any other person having or claiming to have an interest in the System shall be entitled to any notice or process. Any final judgment which is not appealed or appealable that may be entered in any such action or proceeding shall be binding and conclusive on the parties hereto, the Board and all persons having or claiming to have any interest in the System. (9) Claims. Any payment to an employee or beneficiary, or to their legal representative, in accordance with the provisions of this System, shall to the extent thereof be in full satisfaction of all claims hereunder against the Trustee, Board and the City, any of whom may require such employee, beneficiary or legal representative, as a condition precedent to such payment, to execute a receipt and release therefor in such form as shall be determined by the Trustee, the Board or the City, as the case may be. Section 2. Said Act is further amended by striking section 70 in its entirety, but this shall not be construed to do away with or repeal any rights, benefits or obligations which have accrued and vested pursuant to these provisions. Intent. Section 3. Said Act is further amended by creating a new section, to be designated section 17A, and which shall read as follows: 17A. The mayor of the City of Macon is hereby authorized to determine the days which constitute legal holidays for the employees of the city; provided, however, the mayor shall set no less than five such legal holidays. The employees of the City of Macon shall be paid for such legal holidays. Legal holidays. Section 4. Said Act is further amended by adding to the end of Rule 18 of section 58 the following: Each policeman shall be required to work no longer than 40 hours per week, except in emergency as provided above,

Page 2818

and in the event any said policeman is asked to work in excess of 40 hours in any one week, he shall receive such overtime payment or compensating time as is required or authorized by the governing authority of the City of Macon or law. Policemen's hours. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1969 regular session of the General Assembly of Georgia a bill, or bills, to amend the Act creating a new charter for the City of Macon, approved August 3, 1927 (Ga. L. 1927, p. 1283) as amended, so as to change the provisions of certain retirement and pension systems of certain employees of said city; to change the provisions relating to the official holidays of said city; to change the provisions relating to the working hours of certain employees of said city; to change the provisions relating to the revenue of said city; to provide for all matters connected with the foregoing; and for other purposes. This 23rd day of December, 1968. Mitch Miller, Representative, 108th District State of Georgia County of Bibb. Personally appeared before me, a notary public within and for above State and county, Mary Jean Goette, who deposes and says she is checking clerk for The Macon News and is duly authorized by the publisher thereof to make this affidavit; and that advertisement as per attached

Page 2819

clipping has been published in The Macon News on the following date: December 28, 1968, January 4, 1969, January 11, 1969. /s/ Mary Jean Goette Sworn to and subscribed before me, this 11th day of January, 1969. /s/ Hugh P. Harper Notary Public, Bibb County, Georgia. My Commission Expires Jan. 26, 1970. (Seal). Approved April 16, 1969. CITY COURT OF BUFORD ABOLISHED. No. 305 (House Bill No. 292). An Act to repeal an Act entitled, An Act to establish the city court of Buford, in the City of Buford, in the county of Gwinnett; to define its jurisdiction and powers; to regulate proceedings therein; to provide for the election and qualification of its officers, and for other purposes., approved August 20, 1906 (Ga. L. 1906, p. 176), as amended by an Act approved August 17, 1908 (Ga. L. 1908, p. 114), an Act approved August 9, 1911 (Ga. L. 1911, p. 230), an Act approved August 9, 1929 (Ga. L. 1929, p. 379), an Act approved February 25 1949 (Ga. L. 1949, p. 1599), an Act approved February 12, 1952 (Ga. L. 1952, p. 2384), an Act approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3224), and by an Act approved March 17, 1956 (Ga. L. 1956, p. 3485); to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled, An act to establish the city

Page 2820

court of Buford, in the City of Buford, in the county of Gwinnett; to define its jurisdiction and powers; to regulate proceedings therein; to provide for the election and qualification of its officers, and for other purposes., approved August 20, 1906 (Ga. L. 1906, p. 176), as amended by an Act approved August 17, 1908 (Ga. L. 1908, p. 114), an Act approved August 9, 1911 (Ga. L. 1911, p. 230), an Act approved August 9, 1929 (Ga. L. 1929, p. 379), an Act approved February 25, 1949 (Ga. L. 1949, p. 1599), an Act approved February 12, 1952 (Ga. L. 1952, p. 2384), an Act approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3224), and by an Act approved March 17, 1956 (Ga. L. 1956, p. 3485), is hereby repealed in its entirety. Section 2. This Act shall become effective on January 1, 1971. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to abolish the city court of Buford by repealing the Act creating said Court, approved August 20, 1906 (Ga. L. 1906, p. 176), and all amendatory Acts thereto; to provide an effective date; and for other purposes. This 14 day of Jan., 1969. /s/ James D. Mason Representative, 13th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James D. Mason who, on oath, deposes and says that he is Representative from the 13th District, and that the attached copy of

Page 2821

notice of intention to introduce local legislation was published in The Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 17, 24, 31, 1969. /s/ James D. Mason Representative, 13th District Sworn to and subscribed before me, this 10th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 16, 1969. CHEROKEE COUNTYACT PLACING NAMED OFFICERS ON SALARY BASIS AMENDED. No. 308 (House Bill No. 273). An Act to amend an Act placing the sheriff, the clerk of the superior court, the tax commissioner and the ordinary of Cherokee County on a salary system in lieu of the fee system, approved March 9, 1959 (Ga. L. 1959, p. 2494), as amended, by an Act approved April 5, 1961 (Ga. L. 1961, p. 3124), an Act approved April 2, 1963 (Ga. L. 1963, p. 2710), an Act approved March 4, 1965 (Ga. L. 1965, p. 2138), an Act approved February 28, 1966 (Ga. L. 1966, p. 2596), and by an Act approved April 4, 1967 (Ga. L 1967, p. 2620), so as to change the provisions relating to the compensation of deputies and clerical personnel for each of said officers; to authorize the sheriff to employ a night jailer; to provide for all matters connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 2822

Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff, the clerk of the superior court, the tax commissioner and the ordinary of Cherokee County on a salary system in lieu of the fee system. approved March 9, 1959 (Ga. L. 1959, p. 2494), as amended, by an Act approved April 5, 1961 (Ga. L. 1961, p. 3124), an Act approved April 2, 1963 (Ga. L. 1963, p. 2710), an Act approved March 4, 1965 (Ga. L. 1965, p. 2138), an Act approved February 28, 1966 (Ga. L. 1966, p. 2596), and by an Act approved April 4, 1967 (Ga. L. 1967, p. 2620), is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. (a) The sheriff of Cherokee County shall be compensated in the amount of ten thousand ($10,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Cherokee County. Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the sheriff, provided that the sheriff shall still be entitled to receive seizure fees. The sheriff shall appoint four (4) deputies, one who shall be compensated in the amount of five thousand, one hundred ($5,100.00) dollars per annum, one who shall be compensated in the amount of four thousand, six hundred ($4,600.00) dollars per annum and two who shall receive four thousand, two hundred ($4,200.00) dollars each per annum, all to be paid in equal monthly installments from the funds of Cherokee County. The sheriff shall also appoint one office clerk who shall be compensated in the amount of three thousand, three hundred ($3,300.00) dollars per annum, to be paid in equal monthly installments from the funds of Cherokee County. The maximum salary for said clerk shall be four thousand, two hundred ($4,200.00) dollars per annum and said office clerk must complete two full years of satisfactory employment before being eligible, in the discretion of the sheriff, for said maximum salary. The sheriff shall also be authorized to employ on night jailer at a salary not to exceed two thousand, four hundred ($2,400.00) dollars per annum payable in equal monthly installments from the

Page 2823

funds of Cherokee County. Three automobiles shall be furnished the sheriff's office and said automobiles and equipment, maintenance and operating expenses therefor shall be paid from the funds of Cherokee County. Said automobiles shall be traded at seventy-five thousand (75,000) miles or every two years, whichever occurs first. The sheriff shall receive from county funds, for each prisoner confined in the common jail, one and one-half ($1.50) dollars per day to feed said prisoner. Sheriff, etc. (b) In addition to the compensation provided for in subsection (a) of this section, the sheriff's deputies shall receive an additional allowance of six hundred ($600.00) dollars per year, to be used for the purchase, maintenance, and upkeep of uniforms to be worn by said deputies while on duty. Section 2. Said Act is further amended by striking section 3 in its entirety and substituting in lieu thereof a new section 3 to read as follows: Section 3. The clerk of the superior court shall be compensated in the amount of ten thousand ($10,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Cherokee County. Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the clerk of the superior court. The clerk shall appoint one deputy, who shall be compensated in the amount of four thousand, two hundred ($4,200.00) dollars per annum, to be paid in equal monthly installments from the funds of Cherokee County. The clerk shall be authorized to appoint two clerical assistants who shall each be compensated in the amount of three thousand, three hundred ($3,300.00) dollars per annum, to be paid in equal monthly installments from the funds of Cherokee County. Provided, however, that the maximum salary for such clerical assistants shall be four thousand, two hundred ($4,200.00) dollars per annum, and that said clerical assistants must complete two full years of satisfactory employment before being eligible, in the discretion of the clerk, for said maximum salary. When said clerical assistants accumulate the time and acquire the knowledge necessary for promotion,

Page 2824

the clerk may, in his discretion, increase the salary of said clerical assistants up to the maximu, after two full years of service, and clerical assistants may automatically become a deputy clerk and be bonded as provided by law. One of said clerical assistants may be employed by the clerk on a full-time or part-time basis, at the discretion of the clerk. Clerk of superior court, etc. Section 3. Said Act is further amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. The ordinary shall be compensated in the amount of six thousand ($6,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Cherokee County. Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the ordinary. The ordinary is authorized to employ a deputy clerk whose compensation shall be fixed by the governing authority of Cherokee County at not less than two thousand, fifty ($2,050.00) dollars nor more than four thousand, two hundred ($4,200.00) dollars per annum, payable in monthly installments from the funds of Cherokee County. Provided, however, before becoming eligible for said maximum salary, said deputy clerk must complete two full years of satisfactory employment. The ordinary of Cherokee County shall no longer have jurisdiction of cases involving the driving of a motor vehicle while under the influence of intoxicants or drugs. Ordinary, etc. Section 4. Said Act is further amended by striking subsection (b) of section 5 in its entirety and substituting in lieu thereof a new subsection (b) of section 5 to read as follows: (b) The tax commissioner shall be authorized to employ two full-time assistants who shall be compensated in the amount of three thousand, three hundred ($3,300.00) dollars per annum to be paid in equal monthly installments from the funds of Cherokee County. Provided, however, that the maximum salary for said clerical assistants shall be four thousand, two hundred ($4,200.00) dollars per annum, and that said clerical assistants must complete two full years

Page 2825

of satisfactory employment before being eligible, in the discretion of the tax commissioner, for said maximum salary. When said clerical assistants accumulate the time and acquire the knowledge necessary for promotion, after two full years of service, the tax commissioner may, in his discretion, increase the salary of said clerical assistants up to the maximum. In addition to the clerical assistants provided for herein, the tax commissioner shall be authorized to receive an additional one thousand, three hundred fifty ($1,350.00) dollars per annum payable from the funds of Cherokee County for additional part-time help when, in the discretion of said tax commissioner, such additional part-time help is needed; provided, however, the amount herein authorized for additional part-time help shall be payable only for work actually performed in the office of the tax commissioner as certified by the tax commissioner to the governing authority of Cherokee County. Tax commissioner's assistants. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to increase the salary of the clerical assistants of the clerk of the superior court, the sheriff, the ordinary and the tax commissioner, and to increase the compensation of the deputy sheriffs in Cherokee County; and for other purposes. This 14th day of Dec., 1968. /s/ Thomas A. Roach Representative, 10th District Jack C. Fincher, Sr. Senator, 51st District

Page 2826

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Thomas A. Roach who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of notice of intention to introduce local legislation was published in the North Georgia Tribune which is the official organ of Cherokee County, on the following dates: December 19th and 26th, 1968; January 2nd, 1969. /s/ Thomas A. Roach Representative, 10th District Sworn to and subscribed before me, this 23 day of January, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 17, 1969. CHEROKEE COUNTYCOMPENSATION OF COUNTY COMMISSIONER'S CLERK. No. 310 (House Bill No. 275). An Act to amend an Act creating the office of commissioner of roads and revenues for Cherokee County, approved August 9, 1915 (Ga. L. 1915, p. 3177), as amended, particularly by an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2534), an Act approved March 17, 1959 (Ga. L. 1959, p. 3158), an Act approved March 20, 1963 (Ga. L. 1963, p. 2380), and an Act approved February 28, 1966 (Ga. L. 1966, p. 2150), so as to change the provisions relating to the compensation of the clerk serving the office of the commissioner of roads and revenues

Page 2827

for Cherokee County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of roads and revenues for Cherokee County, approved August 9, 1915 (Ga. L. 1915, p. 3177), as amended, particularly by an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2534), an Act approved March 17, 1959 (Ga. L. 1959, p. 3158), an Act approved March 20, 1963 (Ga. L. 1963, p. 2380), and an Act approved February 28, 1966 (Ga. L. 1966, p. 2150), is hereby amended by striking section 6 in its entirety and substituting in lieu thereof a new section 6 to read as follows: Section 6. The commissioner of Cherokee County shall appoint a clerk, who shall be compensated in an amount of thirty three hundred ($3,300.00) dollars per annum, to be paid in equal monthly installments from the funds of Cherokee County. Provided, however, that the maximum salary for said clerk shall be four thousand, two hundred ($4,200.00) dollars per annum and that said clerk must complete two (2) full years of satisfactory employment before being eligible, in the discretion of the commissioner, for said maximum salary. It shall be the duty of the county clerk to attend all business meetings pertaining to the office, and he shall keep in order the minutes of all transactions of the office, to file and keep in order to their date all original orders and papers, petitions, applications and other papers, addressed to the commissioner concerning county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treasury by order of the commissioner, giving the amount and date of said payments, and the persons to whom paid and for what purposes paid. Said clerk shall also keep a book showing a full and detailed statement of all accounts or other indebtedness, contracted by the commissioner. All the books, files and records required to be used or kept in the office of the commissioner shall always be ready and open to inspection of any taxpayer of the county. Said clerk, before entering on the discharge of his duties, shall

Page 2828

be required to give bond and take the same oath as required by the commissioner, which bond shall be in the sum of $1,000.00, payable to the said commissioner for the faithful performance of his duties; said clerk shall hold said office at the discretion of the commissioner. Clerk. Section 2. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to increase the salary of the clerical assistant of the commissioner of Cherokee County; and for other purposes. This 23rd day of December, 1968. /s/ Thomas A. Roach Representative, 10th District /s/ Jack C. Fincher, Sr. Senator, 51st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas A. Roach who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of notice of intention to introduce local legislation was published in the North Georgia Tribune which is the official organ of Cherokee County, on the following dates: December 26, 1968, January 2 and 9, 1969. /s/ Thomas A. Roach Representative, 10th District

Page 2829

Sworn to and subscribed before me, this 18th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 17, 1969. CHEROKEE COUNTY BOARD OF EDUCATION, REFERENDUM. No. 311 (House Bill No. 365). An Act to provide that the successors to the members of the Cherokee County board of education shall be elected by the voters of the entire county for terms of four years; to provide that the successor to the Cherokee County school superintendent shall be appointed by the Cherokee County board of education to serve at the board's pleasure; to provide for all matters relative to the foregoing; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be in enacted by the General Assembly of Georgia: Section 1. Beginning with the first election for a member of the Cherokee County board of education which is held after this section becomes of full force and effect, as provided in section 3 of this Act, members of said board of education shall be elected by the qualified voters of the entire County of Cherokee for terms of four years and until their successors are elected and qualified. The school districts of Cherokee County shall continue to be as defined by the Act approved April 12, 1968 (Ga. L. 1968, p. 3751), and members of said board shall continue to be residents of the school district they represent, and except for being elected by the voters of the entire county and having four year terms, the provisions of the Constitutional amendment ratified

Page 2830

at the general election held in 1956 and set forth in Georgia Laws 1956, p. 133, as amended by the Constitutional amendment ratified at the general election held in 1966 and set forth in Georgia Laws 1966, p. 1075, shall continue in full force and effect. Nothing in this section shall be construed to shorten, lengthen or abolish the term of office of any member of the Cherokee County board of Education, and the provisions of this section shall apply only to members of said board who are elected after this section becomes of full force and effect. Members. Section 2. Upon the expiration of the term of office of the Cherokee County school superintendent holding office when this section becomes of full force and effect, as provided in section 3 of this Act, the Cherokee County board of education shall appoint, by a majority vote of its members, the county school superintendent who shall serve at the pleasure of the board. The first superintendent appointed by said board shall be appointed at the first meeting of the board held after the expiration of the term of office of the superintendent holding office when this section becomes of full force and effect. In the event the office of school superintendent becomes vacant by reason of death, resignation or otherwise prior to the expiration of the term of office of the superintendent holding office when this section becomes of full force and effect, such vacancy shall be filled by the board appointing a school superintendent, to serve at the board's pleasure, at the first meeting of the board held after said office becomes vacant. Any county school superintendent appointed by the board shall be subject to all provisions of law relative to county school superintendents, except as otherwise provided herein. Superintendent. Section 3. Not less than 15 nor more than 30 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law without his approval, it shall be the duty of the ordinary of Cherokee County to issue the call for an election for the purpose of submitting section 1 and section 2 of this Act to the voters of Cherokee County for approval or rejection. The ordinary shall set the date of such election for a day not less than 30 nor more than

Page 2831

45 days after the date of the issuance of the call. The ordinary 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 Cherokee County. The ballot shall have written or printed thereon the words: For approval of Section 1 of the Act providing that the successors to the members of the Cherokee County Board of Education shall be elected by the voters of the entire county for terms of four years. Against approval of Section 1 of the Act providing that the successors to the members of the Cherokee County Board of Education shall be elected by the voters of the entire county for terms of four years. For approval of Section 2 of the Act providing that the successor to the Cherokee County School Superintendent shall be appointed by the Cherokee County Board of Education to serve at the Board's pleasure. Against approval of Section 2 of the Act providing that the successor to the Cherokee County School Superintendent shall be appointed by the Cherokee County Board of Education to serve at the Board's pleasure. All persons desiring to vote in favor of section 1 of said Act shall vote for approval, and those persons desiring to vote for rejection of section 1 of said Act shall vote against approval. All persons desiring to vote in favor of section 2 of said Act shall vote for approval, and those persons desiring to vote for rejection of section 2 of said Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of section 1 of said Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. If more than one-half of the votes cast on such question are for approval of section 2 of said Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Cherokee County. It shall be the duty of the ordinary to hold and

Page 2832

conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular Session of the General Assembly of Georgia a bill to provide that the members of the Cherokee County board of education shall reside in certain districts but shall be elected by the qualified voters of the entire county; to change the terms of office of the members of said board; to provide for the appointment of the county school superintendent by the board; to provide for a referendum; and for other purposes. This 16th day of January, 1969. /s/ Thomas A. Roach Representative, 10th District /s/ Jack C. Fincher, Sr. Senator 51st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas A. Roach who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of notice

Page 2833

of intention to introduce local legislation was published in the North Georgia Tribune which is the official organ of Cherokee County, on the following dates: January 23, 30, and February 6, 1969. /s/ Thomas a. Roach Representative, 10th District Sworn to and subscribed before me, this 10th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 17, 1969. CITY OF CANTONELECTION OF COUNCILMEN. No. 314 (House Bill No. 701). An Act to amend an Act incorporating the City of Canton, approved August 1, 1922 (Ga. L. 1922, p. 604), as amended, particularly by an Act approved March 11, 1964 (Ga. L. 1964, p. 2852), so as to change the provisions relating to the election of councilmen; 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 Canton, approved August 1, 1922 (Ga. L. 1922, p. 604), as amended, particularly by an Act approved March 11, 1964 (Ga. L. 1964, p. 2852), is hereby amended by striking from the last paragraph of section 2 of said amendatory Act approved March 11, 1964 (Ga. L. 1964, p. 2852), the following words, which elects him and inserting in lieu thereof the following words, which he represents so that when so amended

Page 2834

the last paragraph of section 2 of said amendatory Act shall read as follows: The qualifications for councilmen shall remain as heretofore provided except that to be eligible for election a councilman must have been a bona fide resident of the ward which he represents for a period of six (6) months previous to the election in which he is a candidate. Section 2. Said Act is further amended by striking section 3 of the amendatory Act approved March 11, 1964 (Ga. L. 1964, p. 2852), in its entirety and substituting in lieu thereof a new section 3 of said amendatory Act to read as follows: Section 3. The councilman for each ward shall be elected by the qualified electors of the city-at-large, and each candidate for councilman receiving a majority of the votes cast from the city-at-large shall be declared elected as councilman for his ward. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969 Session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of Canton, approved August 1, 1922 (Ga. L. 1922, p. 604), as amended, so as to change the provisions relating to the election of councilmen; and for other purposes. This 10th day of February, 1969. Thomas A. Roach Representative, 10th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas A. Roach who, on oath, deposes and says that he is Representative

Page 2835

from the 10th District, and that the attached copy of notice of intention to introduce local legislation was published in the North Georgia Tribune which is the official organ of Cherokee County, on the following dates: February 13, 20 and 27, 1969. /s/ Thomas A. Roach Representative, 10th District Sworn to and subscribed before me, this 28th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires January 9, 1971. (Seal). Approved April 17, 1969. TOWN OF OXFORDMAYOR AND COUNCILMEN. No. 315 (House Bill No. 740). An Act to amend an Act creating a new charter for the Town of Oxford, approved August 12, 1914 (Ga. Laws 1914, p. 1108), as amended, so as to change the compensation of the mayor and councilmen; to provide for the election of mayor and councilmen; to provide for posts for councilmen; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the Town of Oxford, approved August 12, 1914 (Ga. L. 1914, p. 1108), as amended, is hereby amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. The government of said town shall be vested

Page 2836

in a mayor and six councilmen, three of whom shall constitute a quorum. For his services to said town, the mayor shall receive compensation in the sum of five hundred ($500.00) dollars per year and for their service to said town each of the six councilmen shall receive the sum of three hundred ($300.00) dollars per year. Mayor and councilmen. Section 2. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. (a) For the purpose of electing councilmen, there shall be six council posts which shall be numbered consecutively as Council Post 1 through Council Post 6. Any person desiring to run for city councilman shall designate the council post for which he is offering. All councilmen shall be elected by a majority of the qualified electors voting in the elections held for that purpose as hereinafter provided. The first such election shall be held on the Wednesday after the first Monday in December, 1969, at which election the councilmen from Council Posts 1, 2, and 3 shall be elected. The councilmen elected to Council Posts 1, 2, and 3 shall be elected for terms of two years and shall take office on the first day of January following their election. The next such election shall be held on the Wednesday after the first Monday in December, 1970, at which election the councilmen from Council Posts 4, 5, and 6 shall be elected. The councilmen elected to Council Posts 4, 5, and 6 shall be elected for terms of two years and shall take office on the first day of January following their election. Thereafter, the councilmen from Posts 1, 2, and 3 shall be elected on the Wednesday following the first Monday in December of each odd-numbered year and shall take office on the first day of January following election for terms of two years and until their successors are elected and qualified. The councilmen from Posts 4, 5, and 6 shall be elected on Wednesday following the first Monday in December of each even-numbered year and shall take office on the first day of January following their election for terms of two years and until their successors are elected and qualified. The city councilmen who were elected in 1968 for terms beginning on January 1, 1969, and expiring

Page 2837

on December 31, 1970, shall hold office until the expiration of such terms. Successors to such councilmen shall be elected as herein provided. Council posts, etc. (b) The mayor shall be elected by a majority of the qualified electors voting in the elections held for that purpose. The first election for mayor shall be held on the Wednesday following the first Monday in December, in the year in which the present mayor's term of office expires, and the person elected mayor shall take office on the first day of January following his election for a term of two years and until his successor is elected and qualified. Thereafter, the successors to the mayor elected herein shall be elected on the Wednesday following the first Monday in December in that year in which the mayor's term of office shall expire and shall take office on the first day of January following their election and shall serve for a term of two years and until a successor is elected and qualified. Mayor, etc. (c) In the event any candidate for councilman or a candidate for mayor does not receive a majority of the votes cast at the elections held on the Wednesday following the first Monday in December, a runoff election shall be held on the Wednesday following the third Monday in December. Said runoff elections shall be held between the two candidates for councilmen and the two candidates for mayor who received the highest number of votes cast at the first election. The candidate for councilman or the candidate for mayor or the candidates for mayor and councilmen, as the case may be, who receive a majority of the votes cast at said runoff election shall be declared the winner. Majority vote. (d) In the event of a vacancy in the office of mayor or councilman prior to the expiration of a regular term of office, the remaining councilmen and mayor, if any, shall fill the vacant office for the unexpired term. Vacancies. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Page 2838

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to File a Local Bill. Notice is hereby given that application will be made at the 1969 session of the General Assembly of Georgia for the passage of legislation pertaining to and affecting the Town of Oxford and compensation paid the Mayor and Council thereof and dates on which election for mayor and council is held, and the manner in which council is elected. /s/ W. D. Ballard Representative, 23rd District House of Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. Ballard who, on oath, deposes and says that he is Representative from the 23rd District, and that the attached copy of notice of intention to introduce local legislation was published in The Covington News which is the official organ of Newton County, on the following dates: February 13, 20, 27, 1969. /s/ W. D. Ballard Representative, 23rd District Sworn to and subscribed before me, this 3rd day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 17, 1969.

Page 2839

TOWN OF MANSFIELDCHARTER AMENDED. No. 316 (House Bill No. 741). An Act to amend an Act establishing a new charter for the Town of Mansfield, located in Newton County, Georgia, approved August 21, 1906 (Ga. L. 1906, p. 838), as amended by an Act approved August 4, 1919 (Ga. L. 1919, p. 1103), an Act approved August 15, 1927 (Ga. L. 1927, p. 1374), an Act approved February 2, 1938 (Ga. L. 1937-38, Ex. Sess., p. 1207), and an Act approved April 18, 1967 (Ga. L. 1967, p. 3271), so as to provide council posts; to provide that certain persons shall not be employed by said town; 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 establishing a new charter for the Town of Mansfield, located in Newton County, Georgia, approved August 21, 1906 (Ga. L. 1906, p. 838), as amended by an Act approved August 4, 1919 (Ga. L. 1919, p. 1103), an Act approved August 15, 1927 (Ga. L. 1927, p. 1374), an Act approved February 2, 1938 (Ga. L. 1937-38, Ex. Sess., p. 1207), and an Act approved April 18, 1967 (Ga. L. 1967, p. 3271), is hereby amended by adding to section 5 a new subsection to be designated as subsection (c) to read as follows: (c) For the purpose of electing councilmen, there shall be five council posts which shall be numbered consecutively as Council Post 1 through Council Post 5. Any person desiring to run for councilman shall designate the council post for which he is offering. All councilmen shall be elected by a majority of the qualified electors voting in the elections held for that purpose. The councilmen elected for Council Posts 1 and 2 shall be elected in the election held each odd-numbered year. The councilmen elected for Council Posts 3, 4 and 5 shall be elected in the election held in each even-numbered year. Council posts, etc.

Page 2840

Section 2. Said Act is further amended by adding a new section to be designated as section 11A to read as follows: Section 11A. Any person who is a brother, sister, mother or father of the mayor or one of the councilmen shall not be employed by the Town of Mansfield. Town employees. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to File A Local Bill. Notice is hereby given that application will be made at the 1969 session of the General Assembly of Georgia for passage of legislation affecting the Town of Mansfield and the manner in which the mayor and council are elected and the term of office of mayor and council. /s/ W. D. Ballard Representative, 23rd District House of Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. Ballard who, on oath, deposes and says that he is Representative from the 23rd District, and that the attached copy of notice of intention to introduce local legislation was published in The Covington News which is the official organ of Newton County, on the following dates: February 13, 20, 27, 1969. /s/ W. D. Ballard Representative, 23rd District

Page 2841

Sworn to and subscribed before me, before me this 3rd day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 17, 1969. TOWN OF PORTERDALEMAYOR AND COUNCILMEN. No. 317 (House Bill No. 743). An Act to provide for the election of the mayor and councilmen of the municipality of Porterdale; to provide for their terms of office; to provide for staggered terms of office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. For the purpose of electing councilmen for the municipality of Porterdale, there shall be five council posts which shall be numbered consecutively as Council Post 1 and through Council Post 5. Any person desiring to run for city councilman shall designate the council post for which he is offering. All councilmen shall be elected by a majority of the qualified electors voting in the elections held for that purpose as hereinafter provided. The first such election shall be held on the Wednesday after the first Monday in December, 1969, at which election the councilmen from Council Posts 1, 2, 3, 4 and 5 shall be elected. The councilmen elected to Council Posts 1 and 2 shall take office on the day following the expiration of the term of office of the present mayor and council of Porterdale. Such councilmen shall serve through December 31, 1971. Thereafter, the councilmen from Posts 1 and 2 shall be elected on the Wednesday following the first Monday in December of each odd-numbered year and shall take office on the

Page 2842

first day of January following election for terms of two years and until their successors are elected and qualified. The councilmen elected to Council Posts 3, 4 and 5 shall take office on the day following the expiration of the present mayor and council of Porterdale. Such councilmen shall serve through December 31, 1970. Thereafter, the councilmen from Posts 3, 4 and 5 shall be elected on Wednesday following the first Monday in December of each even-numbered year and shall take office on the first day of January following their election for terms of two years and until their successors are elected and qualified. The city councilmen who were elected in 1969 shall hold office through their regular term, at which time their terms shall expire. Successors to such councilmen shall be elected as herein provided. Council posts, etc. Section 2. The mayor of Porterdale shall be elected by a majority of the qualified electors voting in the elections held for the purpose. The first election for mayor shall be held on the Wednesday following the first Monday in December, 1969. The mayor elected in such election shall take office on the day following the term of office of the present mayor of Porterdale. Such mayor shall serve through December 31, 1971. Thereafter, the elections for mayor shall be held on the same day of each odd-numbered year and the mayor shall take office on the first day of January following his election and shall serve for a term of two years and until his successor is elected and qualified. The mayor who was elected in 1969 shall hold office through his regular term of office at which time his term shall expire. Mayor, etc. Section 3. In the event any candidate for councilman or a candidate for mayor does not receive a majority of the votes cast at the elections held on the Wednesday following the first Monday in December, a runoff election shall be held in the manner provided in the Georgia Municipal Election Code. Majority vote. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Page 2843

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to File A Local Bill. Notice is hereby given that application will be made at the 1969 session of the General Assembly of Georgia for the passage of legislation affecting the Town of Porterdale, and the manner in which mayor and council is elected, the terms of office of mayor and council, and the date on which election of mayor and council is held. /s/ W. D. Ballard Representative, 23rd District House of Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. Ballard who, on oath, deposes and says that he is Representative from the 23rd District, and that the attached copy of notice of intention to introduce local legislation was published in The Covington News which is the official organ of Newton County, on the following dates: February 13, 20, 27, 1969. /s/ W. D. Ballard Representative, 23rd District Sworn to and subscribed before me, this 3rd day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires, Jan. 9, 1971. (Seal). Approved April 17, 1969.

Page 2844

COWETA COUNTYACT PLACING NAMED OFFICERS ON SALARY BASIS AMENDED. No. 318 (House Bill No. 985). An Act to amend an Act changing the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system, approved March 17, 1960 (Ga. L. 1960, p. 3028) as amended, so as to change the provisions for paying the salaries of sheriff's deputies and jailers and the clerical expense authorization for the office of the clerk of the superior court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system approved March 17, 1960 (Ga. L. 1960, p. 3028), as amended, is hereby amended by striking section 2 of said Act in its entirety and inserting in lieu thereof a new section 2, to provide as follows: Section 2. The sheriff of Coweta County shall be compensated in the sum of $15,000.00 per annum, payable in equal monthly installments from the funds of Coweta County. The sheriff shall appoint such deputy or deputies as may be necessary to efficiently perform the duties of his office and set their compensation which shall be paid from the funds of Coweta County; provided that said county shall not be liable for a sum for the salaries of deputies and jailers in excess of $37,800.00 per annum; provided further that the board of commissioners of Coweta County may appropriate such other sums for the payment of salaries of deputies and jailers as it deems necessary. Coweta County shall provide all necessary supplies and equipment needed for the office of sheriff. Said county shall also furnish the sheriff at least three (3) automobiles and shall pay for all gasoline, oil, maintenance and repair costs. Such automobiles shall be replaced when

Page 2845

necessary but must be replaced upon being driven 50,000 miles. The sheriff shall have complete control and authority over the administration and supervision of the county jail, including employment of a jailer, but necessary upkeep and maintenance expenses for said jail shall be borne by Coweta County. The sheriff shall be authorized to receive the fees provided by law for the feeding of prisoners. Sheriff, etc. Section 2. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to provide as follows: Section 4. The clerk of the superior court of Coweta County shall be compensated in the sum of $12,000.00 per annum, payable in equal monthly installments from the funds of Coweta County. The clerk shall hire such clerical help as may be necessary to efficiently perform the duties of his office and set the compensation therefor which shall be paid from the funds of Coweta County; provided that said county shall not be liable for a sum in excess of $15,600.00 per annum for such clerical help; provided further that the board of commissioners may appropriate such other sums for the payment of compensation to clerical help as it deems necessary; Coweta County shall provide all necessary office supplies and equipment essential to the operation of the office of said clerk. Clerk of superior court, etc. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that legislation will be introduced at the regular session of the Georgia General Assembly in 1969, to amend an Act approved March 17, 1960, as amended, establishing the budget for salaries of the personnel of the office of sheriff of Coweta County, Georgia, and for other purposes. This 3rd day of February, 1969. George Potts Representative 30th District

Page 2846

Georgia, Coweta County. Personally appeared before the undersigned, an officer duly authorized to administer oaths, E. W. Thomasson, who first being duly sworn, deposes and says on oath that he is the published and editor of Newnan Times-Herald and one of its agents, the same being a newspaper having a general circulation in Coweta County, Georgia; that the within and foregoing notice of intention to introduce local legislation has been duly published in editions of said paper on the 6th day of February, 1969, the 13th day of February, 1969, and the 20th day of February, 1969. E. W. Thomasson Sworn to and subscribed before me, this 14th day of March, 1969. /s/ Virginia Starr Mottola Notary Public. (Seal). Approved April 17, 1969. TOWN OF PORTERDALESALARIES OF MAYOR AND COUNCILMEN. No. 319 (House Bill No. 997). An Act to provide for the compensation of the mayor and councilmen of the municipality of Porterdale; to provide for the method of paying such compensation to the mayor and councilmen; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Beginning with the month following the month in which this Act shall become effective, the mayor of the municipality of Porterdale shall receive an annual salary of $500 and each councilman shall receive an annual

Page 2847

salary of $100, payable in equal monthly installments from the funds of the municipality of Porterdale. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to File A Local Bill. Notice is hereby given that application will be made at the 1969 session of the General Assembly of Georgia for the passage of legislation affecting the Town of Porterdale, and the manner in which mayor and council is elected, the terms of office of mayor and council, and the date on which election of mayor and council is held. /s/ W. D. Ballard Representative, 23rd District House of Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. Ballard who, on oath, deposes and says that he is Representative from the 23rd District, and that the attached copy of notice of intention to introduce local legislation was published in The Covington News which is the official organ of Newton County, on the following dates: February 13, 20, 27, 1969. /s/ W. D. Ballard Representative, 23rd District Sworn to and subscribed before me, this 17th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 17, 1969.

Page 2848

FULTON COUNTYBOARD OF EDUCATION EMPLOYEES' PENSION ACT AMENDED. No. 320 (Senate Bill No. 55). An Act to amend an Act entitled An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the board of education of Fulton County, and for other purposes, approved February 2, 1945 (Ga. L. 1945, p. 528), as heretofore amended, particularly as amended by an Act approved March 3, 1962 (Ga. L. 1962, p. 2948), so as to increase the amount of dependent benefits from 50% to 60%; to reserve the right of the General Assembly to reduce benefits under this amendment under certain circumstances, if teachers and employees later qualify for benefits under the Federal O.A.S.I. program; to repeal an amendment approved March 11, 1964 (Ga. L. 1964, p. 2908), relating to designation of certain dependents as beneficiaries; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: that the Act entitled An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the board of education of Fulton County, and for other purposes, approved February 2, 1945 (Ga. L. 1945, p. 528), as heretofore amended, be further amended as follows: Section 1. The Act approved March 3, 1962 (Ga. L. 1962, p. 2948), amending said Act, is hereby amended by striking from the first sentence of section 1(e) of said 1962 Act the words and figure fifty percent (50%) and inserting in lieu thereof the words and figure sixty percent (60%) so that said sentence when amended shall read as follows: (e) Any person coming under the provisions of this amendment, either voluntarily or by compulsion, shall be entitled to all the other benefits, as set forth in the relevant sections of this Act, as amended prior to this amendment;

Page 2849

provided, however, that partial pensions and pensions for total and permanent disability or death shall be computed by the same formula as is used for computing service pensions in subparagraph (c) above, and, provided, further, that pensions for beneficiaries designated under the terms of this Act, as amended, shall be sixty percent (60%) of the amount the pensioner was receiving or would have received had he exercised his right to retire. Dependent benefits. Section 2. This amendment, if enacted, shall be predicated upon an acknowledgment that the General Assembly in adopting this amendment reserves the right to further amend this amendment and reduce the benefits provided under this amendment in the event the employees and teachers of the board of education of Fulton County should qualify for benefits under the Federal O.A.S.I. program; provided, further, that the benefits of this amendment shall in no event be reduced by an amount greater than the Social Security to which the beneficiary of such employee may be entitled because of such employee's participation in benefits under the Federal O.A.S.I. program. Intent. Section 3. The Act approved March 11, 1964 (Ga. L. 1964, p. 2908), entitled An Act to amend an Act entitled an Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the board of education of Fulton County, and for other purposes, approved February 2, 1945 (Ga. L. 1945, p. 528), as heretofore amended, particularly as amended by an Act approved March 25, 1947 (Ga. L. 1947, p. 535), so as to provide that a teacher or employee may designate certain dependents as beneficiaries; to repeal conflicting laws; and for other purposes, be and the same is hereby repealed in its entirety. Section 4. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 5. Should any section or provision of this Act be held unconstitutional or invalid, such section or provision shall not affect the validity of this Act as a whole

Page 2850

or any part thereof other than the part so held to be unconstitutional. Severability. Section 6. A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to the notice of intention to apply for the passage of local legislation have been complied with for the enactment of this law. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply to the January 1969 Session of the General Assembly of Georgia for local legislation to amend an Act to provide in Fulton County a system for pensions and retirement pay to teachers and employees of the board of education of Fulton County..... and for other purposes (Ga. L. 1945, p. 528-535), as heretofore amended; any matter germane to this general subject may be included in such legislation or by amendment thereto. Douglas T. Purdie Chairman Fulton County School Pension Board Lula B. Carson Executive Secretary Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Senator Frank E. Coggin who, on oath, deposes and says that he is Senator from the 35th District, and that the attached copy of notice of intention to introduce local legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: December 19th, 26th, 1968 and January 2nd, 9th, 1969. /s/ Frank E. Coggin Senator, 35th District

Page 2851

Sworn to and subscribed before me, this 20th day of January, 1969. /s/ Aralee S. Mason Notary Public, Georgia, State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 17, 1969. CITY OF ATLANTASELECTION, ETC. OF MUNICIPAL COURT JUDGES. No. 321 (Senate Bill No. 133). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, is hereby amended by striking section 6 of an amendatory Act approved March 9, 1956 (Ga. L. 1956, p. 3368), in its entirety and inserting in lieu thereof a new section 6 of said amendatory Act to read as follows: Section 6. Appointment of judges. Whenever a vacancy shall occur in the office of presiding judge or associate judge of the municipal court, the mayor shall fill such vacancy by appointing one of three persons who shall be nominated (and whose names shall be submitted to the mayor) by a majority of the judges of the Superior Court of Fulton County. a. Term of office. Each judge desiring to remain in office for a succeeding term shall file a declaration of his candidacy in the office of the clerk of the board of aldermen no later than sixty days before the date of the last general

Page 2852

city election before the expiration of his term. Thereupon the mayor and board of aldermen shall call a special election to be held on the date of the general election. In such special election a question shall be submitted to the electors of the city as to whether the judge or judges so declaring shall be retained in office. A separate question shall be submitted as to each judge. If a majority of those voting on such question, vote to retain a judge in office, he shall have been elected for a succeeding term of eight years. If a majority of those voting on such question, vote not to retain a judge in office, a vacancy shall exist upon the expiration of his term and shall be filled as provided in this Act. No judge so voted out of office shall be eligible for appointment to the vacancy. b. Present judges. Each of the present incumbents' term of office shall be extended until the end of the calendar year following the second general city election held following the passage and approval of this Act. Thereafter, each shall be eligible for retention in office by approval of the voters of the city. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the 1969 session of the General Assembly of Georgia, which convenes on Monday, January 13, 1969, to amend the charter of the City of Atlanta, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. This 18th day of December, 1968. Henry L. Bowden City Attorney City of Atlanta

Page 2853

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Jack Stephens who, on oath, deposes and says that he is Senator from the 36th District, and that the attached copy of notice of intention to introduce local legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: December 23rd, 30th, 1968; January 6th, 1969. Jack L. Stephens Senator, 36th District Sworn to and subscribed before me, this 13 day of February 1969. /s/ Aralee S. Mason Notary Public, Georgia, State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 17, 1969. FULTON COUNTYFIRE STATIONS. No. 322 (Senate Bill No. 205). An Act to amend an Act entitled An Act to establish a method for providing fire prevention systems in the unincorporated portion of Fulton County; to authorize the commissioners of said county to enter into contracts with one or more municipalities therein for a fire prevention system in any unincorporated area of said county or to call on the City of Atlanta to furnish such fire prevention facilities; to require said city to furnish the same at actual cost as long as payment is made therefor; to provide for the transfer of real and personal property owned by Fulton County to the City of Atlanta; to prohibit Fulton County from maintaining fire prevention

Page 2854

systems except as provided in this bill; to provide for the disposition of bond funds; to provide for defraying the cost of fire prevention facilities; to provide for relief, if necessary, in equity or by mandamus; to provide that the City of Atlanta in the operation of any fire prevention system by contract with the county shall be conclusively presumed to be acting in a governmental capacity; to repeal conflicting laws; and for other purposes, approved February 21, 1951 (Ga. L. 1951, p. 3068), as amended by the Act approved February 18, 1955 (Ga. L. 1955, p. 2275), and by the Act approved March 7, 1957 (Ga. L. 1957, p. 2671), and by the Act approved March 9, 1959 (Ga. L. 1959, p. 2589), and by the Act approved April 2, 1963 (Ga. L. 1963, p. 2579); so as to provide for an increase in the number of fire stations in the unincorporated areas of Fulton County to four (4), and to increase the sums which may be expended for fire prevention and protection without creation of a fire district to thirty thousand ($30,000.00) dollars per annum for each such station; to repeal conflicting provisions; and for other purposes. Be it enacted by the General Assembly of Georgia: And it is hereby enacted by authority of the same that the Act entitled An Act to establish a method for providing fire prevention systems in the unincorporated portion of Fulton County; to authorize the commissioners of said county to enter into contracts with one or more municipalities therein for a fire prevention system in any unincorporated area of said county or to call on the City of Atlanta to furnish such fire prevention facilities; to require said city to furnish the same at actual cost as long as payment is made therefor; to provide for the transfer of real and personal property owned by Fulton County to the City of Atlanta; to prohibit Fulton County from maintaining fire prevention systems except as provided in this bill; to provide for the disposition of bond funds; to provide for defraying the cost of fire prevention facilities; to provide for relief, if necessary, in equity or by mandamus; to provide that the City of Atlanta in operation of any fire prevention system

Page 2855

by contract with the county shall be conclusively presumed to be acting in a governmental capacity; to repeal conflicting laws; and for other purposes, approved February 21, 1951 (Ga. L. 1951, p. 3068), as amended by the Act approved February 18, 1955 (Ga. L. 1955, p. 2275), and by the Act approved March 7, 1957 (Ga L. 1957, p. 2671), and by the Act approved March 9, 1959 (Ga. L. 1959, p. 2589), and by the Act approved April 2, 1963 (Ga. L. 1963, p. 2579); be further amended as follows: Section 1. Section 6(b) of said Act is stricken in its entirety, and a new section 6(b) is substituted in lieu thereof as follows: Section 6(b). Nothing herein shall be construed or applied to prevent Fulton County from establishing not more than four fire stations for the protection of lives and property against fire in the unincorporated areas of Fulton County. In each station the total expenditure for equipment, supplies and salaries shall be limited to the sum of thirty thousand ($30,000.00) dollars per annum, for each of said stations, provided, however, such limitation shall not apply to the expenditure of any bond funds for capital purposes or to the expenditure of any sums raised by taxation upon the district benefited by the erection and maintenance of a fire station, or to the expenditure of any funds contributed or donated by any person, firm or corporation for such purposes, or to the expenditure of any funds received under contract by Fulton County for furnishing fire service to any person, firm or corporation within the unincorporated areas, all of such expenditure being authorized in addition to limitation from general funds which Fulton County is authorized to expend under the provisions of this Act. Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. State of Georgia,County of Fulton. Before me, the undersigned, a notary public, this day personally came Mildred N. Lazenby, who, being first duly

Page 2856

sworn, according to law, says that she is the treasurer of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on 2, 9, 16 days of January 1969. As provided by law. /s/ Mildred N. Lazenby Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to introduce at the January, 1969, Session of the General Assembly of Georgia a bill to amend an Act entitled An Act to establish a method for providing fire prevention systems in the unincorporated portion of Fulton County approved February 21, 1951, p. 3068), as heretofore amended, so as to provide for an increase in the number of fire stations in the unincorporated areas of Fulton County to four (4) and to increase the sums which may be expended for fire prevention and protection, without creating a fire district, to thirty thousand dollars ($30,000.00) per annum for each such station; and for other purposes. This 2nd day of January, 1969. Harold Sheats County Attorney, Fulton County Subscribed and sworn to before me, this 17th day of January, 1969. /s/ Maiodis F. Palmer, Notary Public Georgia, State at Large. My Commission Expires Jan. 19, 1972. Approved April 17, 1969.

Page 2857

MUNICIPAL COURT OF SAVANNAH. No. 326 (Senate Bill No. 97). An Act to revise, to alter, and to consolidate into a comprehensive Act all laws relating to the Municipal Court of Savannah, as follows:To define its territorial jurisdiction; to prescribe the terms of Court; to declare said Court a Court of record; to define the civil jurisdiction of said Court; to prescribe the procedure, pleading, and practice in cases not exceeding $500.00 and in cases exceeding $500.00, but not in excess of the principal amount of $1,500.00; to outline the criminal jurisdiction of said Court and to permit the taking of pleas of guilty and of nolo contendere in misdemeanor cases; to provide for the transfer of certain cases to the City Court of Savannah and to the Superior Court of Chatham County; to provide for the disposal of peace warrants and good behavior warrants; to provide for certiorari and for appeal in cases not exceeding $500.00 and in cases exceeding $500.00; to provide for service in cases not exceeding $500.00 and for service in cases exceeding $500.00; to provide for answers and other proceedings in garnishment; to provide for automatic default judgment in cases not exceeding $500.00; to provide for the assignment and trial of cases and for dismissal under certain circumstances; to provide for a filing fee of $2.00 in cases not exceeding $500.00; to provide for collection of costs, for payment of the same to the county, pauper's affidavit in lieu of filing fee; to provide for the collection of costs, for payment of the same to the County, and for a penalty for failure to do so; to prescribe the drawing, selecting, and summoning of jurors in said Court; to provide for trial by jury of six jurors and for the compensation of jurors; to provide for an appeal to jury in cases not exceeding $500.00; to provide for review by the Court of Appeals or Supreme Court of Georgia; to provide for the reporting of cases; to define the rank of execution and other liens in said Court; to provide outline of costs in cases not exceeding $500.00 and in cases

Page 2858

exceeding $500.00 and in criminal cases; to provide for calling the execution docket; to prohibit an Officer of the Court from using fees collected; to provide for the Chatham County Commissioners to furnish quarters for said Court and to defray the expenses for its operation; to provide a law library for said Court; to prescribe the punishment for contempt of court; to provide for a Senior Judge and a second Judge of said Court, to prescribe the time of their election and their tenure of office and to vest judicial power in them and to outline their duties and responsibilities; to outline the qualifications for said Judges; to vest administrative responsibilities for said Court in the Senior Judge; to permit the said Judges to act as ex officio Judges of the City Court of Savannah in certain cases; to provide for a Judge pro tempore and for a Judge pro hac vice; to provide for the fixing of the salaries of said Judges and for the payment thereof; to provide for the appointment and for the compensation of a temporary additional Judge; to permit a leave of absence to the Judges and for the Officers of Court; to provide for the appointment by the Chatham County Commissioners of a Judge for an unexpired term; to provide for the impeachment and trial of a Judge for misfeasance, malfeasance, and nonfeasance; to provide for the trial of the cases when either or both Judges of said Court are disqualified; to prescribe the oath for said Judges; to provide for the appointment and removal for cause of a Sheriff and a Clerk, for a chief deputy sheriff and chief deputy clerk, for additional deputy sheriffs and deputy clerks, for the giving of a bond, for the compensation of said Officers and to outline their powers, duties, and responsibilities; to provide for the applicability of Chatham County Civil Service regulations to said employees; to require the Chatham County Police to serve certain criminal warrants and to authorize other law enforcement officers to serve the same; to provide for the appointment and compensation of a Secretary; to permit the disposal of useless court records; to repeal conflicting laws; and for other purposes. Whereas all Justices' Courts and the Office of Justice of the Peace and of Notary Public ex officio Justice of

Page 2859

the Peace have heretofore been abolished throughout Chatham County, and in lieu thereof there was created and established effective January 1, 1916, The Municipal Court of Savannah; and Whereas the Act approved August 13, 1915, which created and established said Municipal Court of Savannah, has been amended numerous times, and it is desirable to consolidate all such amendments and certain new amendments and revisions into a single comprehensive Act relating to the Municipal Court of Savannah; now therefore, Be it enacted by the General Assembly of Georgia: Section 1. The territorial jurisdiction of the Municipal Court of Savannah (hereinafter referred to as the Municipal Court) shall extend throughout the County of Chatham. Territorial jurisdiction. Section 2. The Municipal Court shall be a Court of record and shall have a seal, minutes, records, and other books and files that are required by law to be kept by the Superior Court, insofar as the jurisdiction of said Municipal Court may render the same necessary; and the Clerk of said Municipal Court shall preserve in suitable files all original papers in each case, which shall not be removed from said Clerk's Office without the permission of a Judge of said Court, on proper receipt given to said Clerk or a deputy clerk of said Court. Court of record, etc. Section 3. The terms of said Court shall commence on the first Tuesday of each month, and each term shall continue from day to day as the work of the Court requires, but such term shall not run beyond the Monday preceding the commencement of the next term of Court. Terms. Section 4. The said Court shall have concurrent and co-extensive jurisdiction with the Superior Courts of this State to try and dispose of all civil actions or proceedings of whatever nature in which the principal sum sued for,

Page 2860

exclusive of interest, attorney fees, and costs, or in which the value of the property in dispute, exclusive of hire, does not exceed $1,500.00, except where jurisdiction is vested exclusively in some other Court by the Constitution or laws of this State; provided, however, should the amount of a counterclaim, set-off, or third party claim asserted by defendant exceed the jurisdictional limit of the Court, the Clerk shall, within 5 days from date of filing said counterclaim, set-off, or a third party claim transfer all pleadings in the subject suit to the Clerk of the Superior Court of Chatham County, who shall docket the same for trial in the Superior Court; provided, further, that such case shall be transferred to the City Court of Savannah for docketing and trial if the pleader shall make written demand therefor at the time of filing his counterclaim, set-off, or third party claim. Civil jurisdiction. Section 5. The said Court shall have the same criminal jurisdiction as that of Justice of the Peace Courts, and, in addition, shall have jurisdiction to take and entertain pleas of guilty and of nolo contendere in misdemeanor cases by consent of the defendant and to impose sentence as provided by law when such case originated in said Court by virtue of a warrant issued in said Court. Said Court may review and dispose of peace warrants and good behavior warrants concurrently with the Superior Courts. Criminal jurisdiction. Section 6. The procedure, pleading and practice applicable to the Superior Courts of this State shall likewise apply to the Municipal Court of Savannah unless otherwise changed by this Act or subsequent Acts of the General Assembly. Pleadings and practice. Section 7. In all civil actions or proceedings involving not more than $500.00, exclusive of interest, attorney fees, and costs or in which the value of the property in dispute, exclusive of hire, does not exceed $500.00, the procedure, pleading, practice, and rules of evidence now or hereafter applicable to the Justices' Courts of this State shall be applicable to said Municipal Court; and on appeal and certiorari and in all other matters the procedure in Justice of the

Page 2861

Peace Courts shall likewise be applicable to said Court unless changed by this Act. Same. Section 8. (a) To each suit covered by section 7 hereof, the Clerk or his deputy shall annex process bearing teste in the name of the Senior Judge of said Court and directed to the Sheriff of said Court and to his lawful deputies. All executions, writs, and other summary processes shall likewise bear teste in the name of the Senior Judge, shall be directed to the Sheriff and his lawful deputies, and shall be executed according to existing laws. Process. (b) All civil actions or proceedings included in section 7 hereof shall be filed at least 11 days before the first day of the term to which they are returnable, and the process shall be served on the defendant at least 5 days before the first day of said term. Service, etc. (c) Answers to garnishments and all other proceedings subsequent to filing summons of garnishment shall be in accordance with the law applicable to the Superior Courts regardless of the amount involved. Garnishment. Section 9. The presiding Judge of said Court shall call the docket on the First Tuesday of each month in all cases included in section 7 hereof; and if there is no appearance or defense by the defendant, the plaintiff shall be entitled to judgment for the amount of his claim or the value of the property in controversy, whether verified or unverified, on the call of the docket, without the case being assigned for trial or proof, provided that proof shall be submitted if the claim is for unliquidated damages, provided, further, that the Clerk or his deputy may affix a stamp or facsimile signature of the Judge to such default judgment under the order or direction of the Judge without the necessity for the Judge personally to affix his signature to said judgment. Call of docket, etc. Section 10. On the call of the appearance docket, all cases embraced by Section 7 hereof which are ready for assignment for a hearing shall be assigned for trial by the presiding Judge of said Court on a day within the term to

Page 2862

which they are brought unless continued for a good cause. If a case so assigned or placed on the trial calendar is not disposed of within a reasonable length of time, it may be dismissed by the presiding Judge for lack of prosecution or on other legal grounds, after notice, upon written order in the exercise of a sound discretion with costs taxed against the delinquent plaintiff without prejudice to a renewal suit being commenced after such dismission, within the time and on the terms as now fixed by the laws of this State. Should counsel not be present when such dismissal order is entered, he shall be mailed or otherwise furnished a copy of said order within 5 days. Assignment for trial, etc. Section 11. Each party filing a suit or proceeding of any character in said Municipal Court of Savannah under Section 7 hereof shall deposit with the Clerk of said Court at the time of the filing of said proceeding the sum of two ($2.00) dollars, as a filing fee; provided, however, that, with the approval of the Judge the said deposit shall not be required by the Clerk of any person who shall subscribe an affidavit to the effect that from poverty he is unable to pay the same. Costs. Section 12. An accurate record of all costs, fees, and charges in said Court shall be kept by the Clerk of said Court, and all costs, fees, and charges of every kind collected by any of the Officers of said Court shall be immediately turned over to the Clerk of said Court and entered at once by him on his records; and on or before the fifth day of each and every month it shall be the duty of said Clerk to furnish Chatham County a complete, accurate and sworn copy of all costs, charges, and collections, and to pay over all of the moneys collected to Chatham County. Failure of the Clerk or of the Officers of said Court to promptly comply with the provisions of this Section shall render such Officer liable to be removed from office at the discretion of the Senior Judge, subject to Chatham County Civil Service regulations. Fees. Section 13. It shall be the duty of the Clerk of said Municipal Court to prepare and file in his office, from the list of the traverse jury of the Superior Court of Chatham

Page 2863

County, as provided from time to time for such Superior Court, a list of the traverse jurors appearing therein who are residents of Chatham County. From said list so prepared traverse jurors in said Court shall be drawn in the following manner: the Clerk shall write upon separate tickets the names of such traverse jurors, and shall number the same and place the same in a box prepared for that purpose. From it shall be drawn as many jurors as necessary in the manner prescribed by law in the Superior Courts. All laws with reference to the drawing, selecting, and summoning of traverse jurors in the Superior Court shall apply to said Municipal Court under the limitation provided by this Act. Jurors. Section 14. All laws with reference to qualifications, relation, impaneling, challenging, and compensation of jurors, now or hereafter of force in the Superior Courts of this State, shall apply to, and be observed in, said Municipal Court, except where in conflict with the terms of this Act; and the compensation of said jurors shall be payable by the proper county authorities out of the treasury of Chatham County. Juries. Section 15. From said list of jurors drawn and summoned by the provisions of this Act, the presiding Judge shall cause to be made as many panels of 12 qualified jurors as are deemed necessary, and all cases and issues to be tried by jury at such term of said Court shall be tried by one or more of these panels, or by a jury stricken from a combination thereof, plaintiff and defendant each being entitled to three preemptory challenges. In the event a panel should be reduced below the number necessary to carry on the business of the Court, the presiding Judge shall have the power to fill it out by causing talesman to be summoned instanter. All jury trials in said Court shall be by a jury of six irrespective of the amount or value of the property in controversy. Same. Section 16. Whenever either party to an action provided for in section 7 hereof shall be dissatisfied with the judgment of the Court, he may enter a written appeal to a jury of six, and shall deposit with the Clerk, at the time of

Page 2864

filing such appeal, the sum of three ($3.00) dollars as jury fees. The said Municipal Court jury shall be selected and impaneled as now or as may hereafter be provided in Justices' Courts, except that the jurors may reside in any district in Chatham County. Jurors shall be paid the same amount that may be provided for jurors in a Superior Court. In addition to the other costs to be taxed by the Court, the Court shall tax against the losing party three ($3.00) dollars in each case tried by a jury as costs for jury fees; and if the party originally making the written demand for trial by jury and depositing with the Clerk the said sum of three ($3.00) dollars as jury fees prevails in such proceedings, the amount of said deposit shall be taxed as aforesaid against the losing party as a part of the costs in the case, and, if recovered, shall be refunded to the party depositing same, after all costs have been paid, provided that the initial trial shall be before the Court without a jury. Appeals to jury. Section 17. In any action in said Court wherein the value of the property in controversy or the amount involved exceeds $500.00 and is not more than $1,500.00, exclusive of interest, attorney fees, and costs, any judgment, order or ruling of the Court shall be subject to review by the Court of Appeals or the Supreme Court of Georgia, in the same manner that judgments and orders of the Superior Courts are now reviewed; and, in such cases, the trial Judge who presided on the original trial of the case, or, in his absence, the other Judge of said Court shall have the same powers and the duties respecting all proceedings, including supersedeas, as the Judges of the Superior Courts now or hereafter may have. The foregoing shall not be construed as limiting the right to the writ of certiorari. Actions involving not more than $500.00 are likewise reviewable hereunder after the same have been tried by a jury, or otherwise finally disposed of by the Court. Appeals. Section 18. The presiding Judge of the Municipal Court of Savannah shall have the same authority as the Judge of the Superior Court to order a case reported, and he may direct the case reported when either party or counsel request it, or when, in the discretion of the Judge, the ends

Page 2865

of justice require that the case be reported, with costs taxed according to law. Powers of judges. Section 19. The judgments, executions, and all other processes and proceedings in the Municipal Court of Savannah shall have the same effect and lien as is now provided for similar proceedings in the Superior Courts. Judgments, etc. Section 20. The following costs shall be applicable in the Municipal Court of Savannah in civil cases not exceeding $500.00, provided that, when the sum recovered is less than $20.00, the cost shall be one-half. Filing fee $500.00 and under $ 2.00 Cost before judgment 6.00 Cost with default judgment 8.00 Cost with trial and judgment 11.00 Extra defendant, each 2.00 Garnishment cost, each 6.00 Execution cost 4.00 Dispossessory warrant (filing fee and cost) 3.00 Bail in trover, before judgment 5.00 Bail in trover, default property judgment 7.00 Bail in trover, default money judgment 7.00 Suit on account and garnishment 10.00 Affidavit, bond and attachment 6.00 Distress warrant 8.00 Mortgage foreclosure 6.00 Laborer's lien 6.00 Possessory warrant 6.00

Page 2866

The following costs shall be applicable in Municipal Court of Savannah in civil cases above $500.00 and not more than $1,500.00: Costs. Filing Fee None Cost before judgment $10.00 Cost with default judgment 12.00 Cost with trial before Court and judgment 15.00 Cost with jury trial and judgment 19.00 Extra defendant, each 5.00 Garnishment cost, each 7.00 Execution cost 5.00 Bail in trover before judgment 8.00 Bail in trover with property judgment 10.00 Bail in trover with money judgment 10.00 Suit on account and garnishment 15.00 Affidavit, bond and attachment 10.00 Distress warrant 10.00 Mortgage foreclosure 10.00 Laborer's lien 10.00 Possessory warrant 10.00 Section 21. In criminal cases and quasi criminal cases in said Court the cost collectible shall be the same as provided by law for Justice of the Peace Court except as follows: Costs in criminal cases. Issuing criminal warrants 3.00 Serving criminal warrants 3.00 Drawing bond in criminal case 3.00 Because of the poverty of the person obligated to pay costs, the Judge may waive the payment of such cost or any portion thereof.

Page 2867

Section 22. It shall be the duty of the Senior Judge of said Municipal Court to see to it that the Officers of the Court are diligent in the collection of costs, and to this end one of the Judges shall call the execution docket of the Court on some fixed day of each term. Such other measures and rules shall be adopted as will insure the payment of costs by the party or parties liable for the same. Duties of senior judges. Section 23. (a) The Chatham County Commissioners shall provide and maintain a suitable place for holding said Court in the Courthouse or at some other place in the City of Savannah as near to the Courthouse as may, in the discretion of the County Commissioners, be conveniently and reasonably obtained; and they shall also provide the necessary furniture, blanks, books, typewriters, stationery and all other expenses of the said Court. Said County Commissioners are empowered and directed to fix, regulate, prescribe, and pay the salaries of the Clerk, deputy clerks, Sheriff, deputy sheriffs, and Secretary of the Municipal Court of Savannah out of the funds of said County. Courtrooms, etc. (b) In accordance with Civil Service regulations the salary scale of the Sheriff and Clerk shall be the same, that of the chief deputy sheriff and chief deputy clerk shall be the same, that of the other deputy sheriffs shall be the same, and that of the other deputy clerks shall be the same. (c) It shall be unlawful and a cause for removal from office for any Judge, Clerk, Sheriff, or other Officer of the Court directly or indirectly to charge or receive for his own use any fees or costs of office other than his salary. Section 24. The Clerk of said Municipal Court of Savannah is authorized to accept for the use of said Court a complete set of the published reports of the Supreme Court of Georgia and the Court of Appeals of Georgia, and the Acts of the General Assembly of Georgia, commencing with the Acts of 1910, and future Acts and reports and the Code of Georgia at such time or times as the same may be furnished by the State Librarian. Clerk.

Page 2868

Section 25. The power and authority of the Judges of said Court to punish as for contempt of said Court shall not exceed a fine of $100.00, or imprisonment for 20 days in jail, either or both, in the discretion of the Court; and the matters, acts, and things which may be held to be contempt of said Court shall be the same as are now within the jurisdiction of the Superior Courts of this State. Clerk. Section 26. (a) There shall be two Judges of the Municipal Court of Savannah, who shall possess and exercise all the power, authority, and jurisdiction necessary to carry out their function as Judges of said Court. The present Chief Judge of the Municipal Court of Savannah shall continue in office through 1972, and until his successor is elected and qualified. The next election to fill this position shall be in the general election of 1972 and each fourth year thereafter. The present Associate Judge of the Municipal Court of Savannah shall continue in office through 1970 and until his successor is elected and qualified. The next election for this position shall be held in the general election in 1970 and each fourth year thereafter. Effective on January 1, 1973, the words Chief and Associate shall be stricken from the titles of said Judges, and thereafter the Judge with the greater tenure of immediately antecedent service in said Court shall be the Senior Judge thereof, while the other or second Judge shall have the powers, duties, and responsibilities now vested in the Associate Judge of said Court. Prior to January 1, 1973, the term Senior Judge whenever used in this Act shall be construed in meaning Chief Judge as used in this Section. Judges. (b) The oath of office of such Judges may be administered by a Judge of the Superior Court or by any other Judge in Chatham County. Oath. (c) Any attorney at law who is a resident of Chatham County, who is at least 25 years of age, and who has practiced law for 5 years or more, shall be eligible to hold office as a Judge of said Court; provided that the serving as Judge of a Court or engaging in the instruction of law in a recognized law school shall be construed as the equivalent

Page 2869

of practicing law within the purview of the foregoing qualification requirement. A Judge shall not engage in the practice of law as an attorney or counselor, but shall devote his whole time and capacity to the duties of his office as prescribed by law, insofar as the public interest demands. Qualifications. Section 27. (a) In addition to the exercise of all powers as a Judge of said Court, the Senior Judge shall have the general superintendence of the business of said Court. He shall have the power to divide the Court into sections or divisions, and to determine the division of the business of said Court. He shall prescribe the hour for the opening of said Court and for the attendance of clerks and sheriffs thereof, and shall generally have authority to make such rules, not inconsistent with this Act, as shall, in his opinion, seem advisable for the prompt and satisfactory disposition of the business of said Court. Senior judge. (b) In the event of illness or absence of said Senior Judge, he may designate by an order duly filed with the Clerk of said Court the other Judge to act as Senior Judge protempore, who shall have the foregoing powers and authority; or if said Senior Judge is unable or unwilling to make such order of appointment, the other Judge may nevertheless act in his stead during such illness or absence when the exigencies of the situation so require. Same. (c) Both Judges shall be ex officio Judges of the City Court of Savannah in the trial of causes wherein the Judge thereof is disqualified, and in such other cases, as may be required by the exigencies of the City Court. Section 28. The Senior Judge of said Court shall receive not less than $10,000.00 per annum to be fixed and paid by the Chatham County Commissioners out of the treasury of Chatham County in equal monthly installments. The other Judge shall receive not less than $9,400.00 per annum to be fixed and paid by the Chatham County Commissioners out of the treasury of Chatham County in equal monthly installments. Salaries.

Page 2870

Section 29. The Senior Judge of said Court shall have the power and authority to grant a leave of absence to the Officers of said Court. Should either Judge of said Court require a leave of absence, the same shall be granted on terms, including duration and rate of pay, which are mutually agreed upon by said Judge and the Chatham County Commissioners. If such leave is granted to the Judge, the Chatham County Commissioners shall have the power and authority to appoint a Judge pro tempore, who shall serve during the absence of such Judge and who shall be paid the same salary as that of the other or second Judge. Leaves of absence, etc. During the absence on leave of the Senior Judge, or whenever in the opinion of the Chatham County Commissioners the case load of the Municipal Court of Savannah has become too voluminous for the Senior Judge and the other Judge to dispose of such cases properly and to carry out properly the functions of said Court, the Chatham County Commissioners are hereby authorized to appoint an additional Judge to serve during any such period in carrying out the functions of said Court. Such Judge pro tempore shall have the same powers, duties, and authorities as that of the other or second Judge and shall receive the same compensation as such Judge, paid on a per diem or other basis. Section 30. In the event of the death or resignation of either Judge of said Court his successor for the unexpired term shall be appointed by the Chatham County Commissioners. Vacancies. Section 31. Either Judge of said Court may be impeached for misfeasance, malfeasance, or nonfeasance in office. The impeachment shall be preferred by a presentment of the Grand Jury of Chatham County, and it shall be tried before the Superior Court under the rules governing the trial of misdemeanors. The impeachment of such Judge by the Grand Jury shall not operate to suspend him from office. If the verdict of the jury impaneled to try the impeachment be for the impeachment, the Court shall enter a judgment removing said Judge from office and said Judge shall thereby be removed from said office without further pay. Thereafter such Judge shall be ineligible to hold said office. Impeachment of judges.

Page 2871

Section 32. Should the presiding Judge be disqualified from sitting in any case pending in said Court, he may refer such case to the other Judge of said Court. If both Judges are disqualified the case shall be referred to the Judge of the City Court of Savannah or to a Judge of the Superior Court of Chatham County, who shall act as Judge pro hac vice in said case. Procedure if judge disqualified. Section 33. There shall be a Sheriff and a Clerk of the Municipal Court, appointed by the Chatham County Commissioners on recommendation of the Senior Judge, whose term shall coincide with that of said Senior Judge. In the exercise of a sound discretion, the Chatham County Commissioners may remove them from office whenever the interests of the Court so require. Their successors shall then be appointed for the unexpired term. The present Sheriff and Clerk are hereby confirmed in office. Sheriff. Section 34. There shall be a chief deputy sheriff, a chief deputy clerk and as many additional deputy sheriffs and deputy clerks as may be necessary to carry out promptly and efficiently the business of said Court. They shall be appointed by the Chatham County Commissioners on recommendation of the Senior Judge and may be removed on any ground which may be included in the Chatham County Civil Service regulations. In the event of the absence or disability of the Sheriff, the chief deputy sheriff shall act in his stead; in the event of the absence or disability of the Clerk, the chief deputy clerk shall act in his stead. Deputy clerks and sheriffs. Section 35. The Clerk and his deputies shall have and exercise all the duties, powers, and authority pertaining to the business of said Court that are now provided by law for the Clerk of the Superior Court of Chatham County, insofar as the same are applicable to, and not inconsistent with, the provisions of this Act, together with such other duties pertaining to the business of said Court as may be designated by the Senior Judge. Coexistent and coordinate with the powers of the Judge of said Court, the Clerk and his deputies shall also have complete power and authority to issue summary processes and writs which are issuable

Page 2872

as a matter of right, to issue garnishments and attachments, and to discharge any and all other functions ministerial in character which may be performed by Justices of the Peace under the laws of this State, and which are necessary to effectuate the purposes of Section 7 hereof. Duties of clerk,etc. Section 36. The Chatham County Police are hereby authorized and directed to serve criminal warrants and quasi criminal warrants issuing from said Court whenever required to do so by a Judge of the said Court. All other law enforcement officers and agents throughout the State are hereby authorized, but not required, to serve such warrants within their territorial jurisdiction and within the scope of their authority. Criminal warrants, etc. Section 37. The Clerk of the Municipal Court of Savannah shall be responsible for his acts and jointly responsible with the deputy clerks of said Court for their acts. The said Clerk shall give bond in the sum of $2,500.00 and the deputy clerks shall each give a bond in the sum of $1,000.00. The Sheriff of the Municipal Court of Savannah shall be responsible for his acts and jointly responsible with the deputy sheriffs of said Court for their acts. The said Sheriff shall give a bond in the sum of $2,500.00 and the deputy sheriffs shall each give a bond in the sum of $1,000.00. Each and all of said Officials shall give a good bond payable to the Chatham County Commissioners for the true and faithful performance of their respective duties and for the true and prompt payment and accounting of all moneys by said Clerk and deputy clerks and by said Sheriff and deputy sheriffs. Clerks' bonds, etc. Section 38. The Senior Judge of the Municipal Court of Savannah shall be authorized and empowered to appoint a Secretary to the Judges of said Court. The Secretary appointed pursuant to this Section shall be designated as an employee in the unclassified service of the civil service of Chatham County. The salary of said Secretary shall be fixed by the Chatham County Commissioners on the recommendation of the Senior Judge of the Municipal Court of Savannah and be paid out of the treasury of Chatham County. Secretary.

Page 2873

Section 39. The Clerk of said Court shall be, and is hereby authorized from time to time, upon direction of the Senior Judge of said Court, to destroy or dispose of old records of said Court which have served their usefulness. The authority hereby granted shall include all of the books, papers and documents of said Court of any nature and kind whatsoever, which are at least 12 years old, or, in the case of dispossessory warrants and distress warrants, which are at least five years old. Letters and other papers of a temporary or informal nature may be destroyed or otherwise disposed of at any time. Nothing in this Act shall authorize the destruction or disposal of the minutes, the dockets or the indices, or books of general entry, journals, or cash journals of the Municipal Court of Savannah. Records. Section 40. All laws and parts of laws in conflict with this Act are hereby repealed; provided, however, that if any section or provision of this Act shall be held unconstitutional or invalid by any Court of competent jurisdiction, the corresponding original Acts hereby sought to be changed shall ipso facto and pro tanto stand reenacted and restored, and it shall not affect the validity and constitutionality of the remainder of this Act. Nothing herein contained shall be construed to repeal any laws or parts of laws abolishing Justices' Courts and the Office of Justice of the Peace and of Notary Public ex officio Justice of the Peace throughout all or any part of Chatham County. Severability. Section 41. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the January, 1969, session of the General Assembly of Georgia a bill to revise, alter, and consolidate the laws relating to the Municipal Court of Savannah. This 16 day of December, 1968. William A. Searcey Senator

Page 2874

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William A. Searcey who, on oath, deposes and says that he is Senator from the 2nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: December 19, 26, 1968 and January 2, 1969. /s/ William A. Searcey Senator, 2nd District Sworn to and subscribed before me, this 28th day of January, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved 18, 1969. TIFT COUNTY DEVELOPMENT AUTHORITY ACT AMENDEDBONDS. No. 328 (Senate Bill No. 269). An Act to amend an Act defining and prescribing the purposes, powers and duties of the Tift County Development Authority and the exercise thereof, approved April 9, 1963 (Ga. L. 1963, p. 3191), so as to increase the maximum interest rate on bonds and other obligations of the authority; to authorize the authority to sell its bonds and other obligations at public or private sale; to further enlarge its powers and duties and the exercise thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 2875

Section 1. The Act further defining and prescribing the purposes, powers and duties of the Tift County Development Authority and the exercise thereof, approved April 9, 1963 (Ga. L. 1963, p. 3191), is hereby amended by striking section 11 in its entirety and inserting in lieu thereof a new section 11 to read as follows: Section 11. All bonds and other obligations issued by the authority may be sold at public or private sale; shall bear such date or dates; mature at such time or times, not exceeding 30 years from their respective dates; bear interest at such rate or rates, not exceeding seven per centum (7%) per annum; be in such denominations; carry such registration privileges; be subject to such redemption privileges; and contain such terms, covenants, assignments and conditions as the resolution or other proceedings authorizing the issuance thereof may provide; all of which shall be binding upon the authority and its successors. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Legislation will be introduced to amend the Act defining and prescribing the purposes, powers and duties of the Tift Company Development Authority and the exercise thereof (Ga. L. 1963, p. 3191) to increase the maximum interest rate on bonds and other obligations of the authority from 6% to 7%; to authorize the authority to sell its bonds and other obligations at public or private sale; and to further enlarge its powers and duties and the exercise thereof. B. J. Sumner, Chairman Tift County Development Authority Georgia, Tift County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oaths,

Page 2876

Homer Rankin, who being duly sworn on oath says that he is editor and publisher of The Tifton Gazette, the official organ of the City of Tifton and the newspaper published in the City of Tifton, Tift County, in which the sheriff's sales are advertised and which has a general circulation in Tift County, and that the foregoing notice of proposed local legislation was duly published in said newspaper once a week for three weeks, in the issues of January 30, February 6 and 13, 1969. /s/ Homer Rankin Sworn to and subscribed before me: /s/ Rebecca L. Draughon Notary Public. (Seal). Approved April 18, 1969. CITY COURT OF GRIFFINNAME CHANGED TO STATE COURT OF SPALDING COUNTY, SALARIES. No. 331 (House Bill No. 129). An Act to amend an Act establishing the City Court of Griffin, approved December 14, 1897 (Ga. L. 1897, p. 462), and all Acts amendatory thereof, so as to change the name of the City Court of Griffin; to provide that the changing of the name of said court shall not affect the status of said court in any other manner; to change the salaries of the judge and solicitor of such court; to provide for the payment of the same; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the City Court of Griffin, approved December 14, 1897 (Ga. L. 1897, p. 462), as amended, is hereby amended by striking the words City

Page 2877

Court of Griffin whenever and wherever the same shall appear, and inserting in lieu thereof the words State Court of Spalding County, so that said court shall be known as the State Court of Spalding County. Name changed. Section 2. All prior Acts applicable to the City Court of Griffin shall be applicable to the State Court of Spalding County and its personnel and officers. All future Acts relating to the city courts in this State shall apply to the State Court of Spalding County in every respect, and the changing of the name of said court shall not affect the status of said court or any civil or criminal matter pending in said court after this Act becomes effective. Intent. Section 3. Section 3 of the aforesaid Act approved December 14, 1897, establishing the City Court of Griffin, as amended, and finally amended by an Act approved March 31, 1961 (Ga. L. 1961, Vol. 2, page 3410), is hereby amended by striking from said section of said Act the words judge of the city court and inserting in lieu thereof the words Judge of the State Court of Spalding County; also by striking the words forty-nine hundred ($4900.00) and inserting in lieu thereof the words seventy-nine hundred ($7900.00); and also by striking the words Judge of the City of Griffin and inserting in lieu thereof the words Judge of the State Court of Spalding County, so that said section 3, when so amended, shall read as follows: Judge's salary. Section 3. Be it further enacted by authority of the same, that there shall be a judge of the State Court of Spalding County, who shall be elected by the qualified voter of the County of Spalding and whose term of office shall be four years, and all vacancies in the said office shall be filled by appointment of the Governor of Georgia for the residue of the unexpired term. The first election held under this provision of this Act shall be at the same time and place and under all the rules and regulations provided for the election of the county officers of Spalding County, Ga., in October, 1908, and shall be for a term of four years beginning January 1st, 1909. Subsequent elections shall be held at intervals of four years from date of this first election.

Page 2878

The judge of the State Court of Spalding County shall receive a salary of seventy-nine hundred ($7900.00) dollars per annum, which shall not be diminished during his term of office, and which shall be paid monthly on the receipt of the said judge out of the treasury of Spalding County. And it shall be the duty of the commissioners of roads and revenues of said county to make provisions for this purpose in levying county taxes. Section 4. Section 5 of the aforesaid Act approved December 14, 1897, establishing the City Court of Griffin, as amended, and finally amended by an Act approved March 31, 1961 (Ga. L. 1961, Vol. 2, page 3410), is hereby amended by striking from said Section of said Act the words Solicitor of the City Court of Griffin and inserting in lieu thereof the words Solicitor of the State Court of Spalding County; also by striking the words City Court and City Court of Griffin wherever the same may appear, and inserting in lieu thereof the words State Court and State Court of Spalding County, respectively; and also by striking the words Forty-nine hundred ($4900.00) and inserting in lieu thereof the words seventy-nine hundred ($7900.00), so that said section 5, when so amended, shall read as follows: Solicitor's salary. Section 5. Be it further enacted by the authority aforesaid, that there shall be a Solicitor of the State Court of Spalding County, to be elected by the qualified voters of the County of Spalding whose term of office shall be four years and all vacancies in said office shall be filled by appointment of the Governor of Georgia for the residue of the unexpired term. The first election held under the provisions of this Act shall be held at the same time and place and under all the rules and regulations provided for the election of county officers of Spalding County on October 19, 1908, and shall be for a term of four years beginning January 1st, 1909. Subsequent elections at intervals of four years from the date of the first election at the regular election for county officers. Any person to be eligible to the position of Solicitor of the State Court of Spalding County must have reached the age of twenty-five years

Page 2879

and must have practiced law at least three years and must have been a citizen of Spalding County at least three years. The said solicitor shall receive for each written accusation filed with the clerk of the court the sum of $6.25, and also shall receive for each person prosecuted to trial or plea of guilty for any offense the sum of $6.25 and his fees for all other services rendered shall be the same as are allowed a solicitor-general of the superior court, and for his services in the Supreme Court he shall be paid out of the treasury of the State in the same manner as the solicitor-general of the Superior Court is paid for like services, provided that at the end of each term of the State Court the Solicitor of the State Court of Spalding County shall collect the full amount of his fees at the distribution of the same by the Judge of the State Court and pay over the same into the treasury of the County of Spalding and at all times he shall collect and pay over into the treasury of said county all the money he receives under this fee system. For all his services the said solicitor shall receive a salary of seventy-nine hundred ($7900.00) dollars per annum which shall be paid him monthly out of the treasury of Spalding County upon receipt of said Solicitor of the State Court of Spalding County and said salary shall not be diminished during his term of office and his salary shall be his only compensation for the services rendered by the said Solicitor of the State Court of Spalding County. Before entering upon the duties of his office the said solicitor shall give a bond payable to the Governor and his successors in office with good security to be approved by the judge of said court, in the sum of two thousand ($2000.00) dollars, conditioned to account for all money which may come into his hands as solicitor and for the faithful discharge of the duties of said office, and in addition to the oath required of all civil officers take and subscribe the following oath: I do swear that I will faithfully and impartially and without fear, favor or affection, discharge my duties as Solicitor of the State Court of Spalding County, so help me God. Said bond and oath shall be entered on the minutes of the court by the Clerk of the State Court of Spalding County and may be sued on by any person interested. In case of his absence or disqualification to act in any case, the court shall have power to appoint a solicitor pro tem.

Page 2880

Section 5. Be it further enacted that nothing in this Act shall be construed as affecting the contingent expense allowance of the Judge and Solicitor of the State Court of Spalding County as authorized by the Act approved February 8, 1955 (Ga. L. 1955, Vol. 2, page 2208). Intent. Section 6. That all laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent To Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1969 Session of the General Assembly of Georgia a bill to amend the Act creating the City Court of Griffin, as amended, so as to change the name thereof to the State Court of Spalding County, to provide for a change in the salaries of the judge and solicitor thereof, and for other purposes. This 28th day of December, 1968. /s/ Mrs. Maureen C. Jackson Clerk of Board of Commissioners of Spalding County Georgia, Spalding County. Personally appeared before the undersigned attesting officer came Quimby Melton, Sr., who, after being duly sworn, on oath deposes and says that he is the publisher of the Griffin Daily News, the official newspaper of Spalding County, Georgia, and that the above stated legal notice of intention to apply for local legislation is a true copy of the same which was published in said newspaper once a week for three weeks as required by law, said dates of publication being December 31, 1968, January 7, 1969, and January 14, 1969. /s/ Quimby Melton, Sr. Publisher Griffin Daily News

Page 2881

Sworn to and subscribed before me this 18th day of January, 1969. /s/ Mary L. Lewis Notary Public, Spalding County, Georgia. (Seal). Approved April 18, 1969. BARROW COUNTYACT PLACING NAMED OFFICERS ON SALARY BASIS AMENDED. No. 332 (House Bill No. 338). An Act to amend an Act placing the sheriff, the clerk of the superior court, the ordinary, the tax collector, and the tax receiver of Barrow County on an annual salary in lieu of the fee system of compensation, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2238), as amended by an Act approved April 4, 1967 (Ga. L. 1967, p. 2702), so as to increase the allowance to the sheriff of Barrow County for compensation for a chief deputy and a deputy; to increase the allowance to the sheriff, the clerk of the superior court, the ordinary, and the tax collector of Barrow County for compensation for a secretary; to change the salary of the tax receiver of Barrow County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff, the clerk of the superior court, the ordinary, the tax collector, and the tax receiver of Barrow County on an annual salary in lieu of the fee system of compensation, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2238), as amended by an Act approved April 4, 1967 (Ga. L. 1967, p. 2702), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows:

Page 2882

Section 2. The sheriff of Barrow County shall receive an annual salary of $10,000.00 per annum, payable in equal monthly installments from the funds of Barrow County. The sheriff shall be allowed $12,400.00 per annum from the funds of Barrow County as compensation for a chief deputy and a deputy, both of whom shall be paid in equal monthly installments from the funds of Barrow County. The sheriff shall be allowed $4,200.00 per annum from the funds of Barrow County as compensation for a jailer and a cook, both of whom shall be paid in equal monthly installments from the funds of Barrow County. The sheriff shall have the authority to appoint a secretary, who shall be compensated in equal monthly installments from the funds of Barrow County in an amount not less than $3,800.00 per annum nor more than $4,200.00 per annum. It shall be within the sole power and authority of the sheriff to prescribe the compensation of the chief deputy, deputy, jailer, cook and secretary, within the limitations herein provided. The county shall furnish the sheriff with two automobiles and equipment. The county shall be responsible for the operating expenses, repairs, maintenance and replacement of such automobiles and equipment. Sheriff, etc. Section 2. Said Act is further amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. The clerk of the superior court shall receive an annual salary of $10,000.00 per annum, payable in equal monthly installments from the funds of Barrow County. The clerk of the superior court shall have the authority to appoint two secretaries, each of whom shall be compensated in equal monthly installments from the funds of Barrow County in an amount not less than $3,800.00 per annum nor more than $4,200.00 per annum. It shall be within the sole power and authority of the clerk of the superior court to prescribe the compensation of both secretaries within the limitations herein provided. Clerk of superior court, etc.

Page 2883

Section 3. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. The ordinary of Barrow County shall receive an annual salary of $6,000.00 per annum payable in equal monthly installments from the funds of Barrow County. The ordinary shall have the authority to appoint a secretary who shall be compensated in equal monthly installments from the funds of Barrow County in an amount not less than $3,800.00 per annum nor more than $4,200.00 per annum. It shall be within the sole power and authority of the ordinary to prescribe the compensation of such secretary within the limitations herein provided. Ordinary, etc. Section 4. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. The tax collector of Barrow County shall receive an annual salary of $9,400.00 per annum, payable in equal monthly installments from the funds of Barrow County. The tax collector of Barrow County shall also be the tag agent for the State Revenue Department and he shall be responsible for the sale of motor vehicle license plates in Barrow County. The tax collector shall have the authority to appoint a secretary who shall be compensated from the funds of Barrow County in an amount not less than $3,800.00 per annum nor more than $4,200.00 per annum. It shall be within the sole power and authority of the tax collector to prescribe the compensation of such secretary within the limitations herein provided. The tax collector shall also be allowed $600.00 per annum from the funds of Barrow County for extra clerical assistance. Tax collector, etc. Section 5. Said Act is further amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: Section 6. The tax receiver of Barrow County shall receive an annual salary of $4,800.00 per annum payable in equal monthly installments from the funds of Barrow

Page 2884

County. The tax receiver shall have the authority to appoint a clerk who shall be compensated in the amount of $400.00 per annum from the funds of Barrow County in a manner to be determined by the tax receiver. Tax receivers, etc. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Notice is hereby given that the undersigned will request the Representative of the 14th House District of the General Assembly of Georgia to introduce in the regular 1969 session of the General Assembly a bill to amend the Act placing certain county officers of Barrow County on an annual salary in lieu of the fee system of compensation approved June 30, 1964 (Ga. L. 1964 Ex. Sess., p. 2238 et seq.), as amended, so as to change the provision relating to the compensation of the tax receiver of Barrow County, to change the compensation of the chief deputy and deputy sheriff of Barrow County; to change the compensation of the two secretaries of the clerk of the superior court of Barrow County; to change the compensation of the secretary for the ordinary of Barrow County; to change the compensation for a secretary of the tax collector of Barrow County; to change the compensation of the secretary of the sheriff of Barrow County; and for other purposes. This 13th day of January, 1969. Board of Commissioners, Barrow County J. B. Lay, Chairman Ray Kilgore Member Julian Tillman Segars Member

Page 2885

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James W. Paris who, on oath, deposes and says that he is Representative from the 14th District, and that the attached copy of notice of intention to introduce local legislation was published in The Winder News which is the official organ of Barrow County, on the following dates: January 1, 8, 15, 1969. /s/ James W. Paris Representative, 14th District Sworn to and subscribed before me this 5th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 18, 1969. CITY OF MARIETTACHARTER AMENDED. No. 334 (House Bill No. 395). An Act to amend an Act providing a new charter for the City of Marietta, approved August 15, 1904 (Ga. L. 1904, p. 519), as amended, so as to change the corporate limits of said city; to provide that the mayor shall be elected by a majority vote; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a new charter for the City of Marietta, approved August 15, 1904 (Ga. L. 1904, p.

Page 2886

519), as amended, is hereby amended by adding after section 2H a new section to be known as section 2I and to read as follows: Section 2I. In addition to that territory presently embraced within the corporate limits of the City of Marietta, the following tracts of land shall be included within the corporate limits of said city: Tract `A' All that tract or parcel of land lying and being in Land Lots 1078, 1079, 1082, 1083, 16th District, 2nd Section, Cobb County, Georgia, and being known as Oakton, Unit 5, as per plat of Hensley-Schmidt, Inc., more particularly described as follows: Beginning at an iron pin at the northeast corner of Lot 49, Section 1-B of Oakton, Inc., as recorded in Plat Book 19, page 159; thence north 29 degrees 00 minutes east a distance of 241.0 feet to a point; thence north 47 degrees 10 minutes east a distance of 206.07 feet to a point; thence north 56 degrees 58 minutes east a distance of 592.43 feet to a point; thence north 54 degrees 45 minutes east a distance of 231.2 feet to a point; thence north 58 degrees 09 minutes east a distance of 340.5 feet to a point; thence northeasterly 123.0 feet to a point; thence north 3 degrees 30 minutes west a distance of 137.9 feet to a point; thence north 78 degrees 00 minutes west 315.0 feet to a point; thence north 4 degrees 53 minutes east a distance of 90.7 feet to a point; thence north 84 degrees 51 minutes west 267.70 feet to a point; thence south 31 degrees 39 minutes west a distance of 195.0 feet to a point; thence south 53 degrees 39 minutes west a distance of 290.0 feet to a point; thence south 65 degrees 09 minutes west a distance of 306.0 feet to a point; thence south 39 degrees 49 minutes west a distance of 205.52 feet to a point; thence south 34 degrees 30 minutes east a distance of 90 feet to a point; thence south 55 degrees 48 minutes a distance of 180.82 feet to a point; thence south 20 degrees 22 minutes east a distance of 248.46 feet to a point; thence south 76 degrees 14 minutes west a distance of 110.25 feet to a point; thence south 0 degrees 03 minutes east a distance

Page 2887

of 358.19 feet to a point located on the northern boundary of Lot 48, Section 1-B of Oakton, Inc., thence in an easterly direction along the northerly side of Lots 48 and 49 of said Section 1-B of Oakton, Inc., a distance of 160.0 feet to the point of beginning. Tract `B' All that tract or parcel of land lying and being in Land Lot 69, 17th District 2nd Section, Cobb County, being more particularly described as follows: Beginning at an iron pin located on the southerly side of Chestnut Hill Road, 1857.7 feet westerly, as measured along the southerly side of Chestnut Hill Road, from the intersection of the southerly side of Chestnut Hill Road with the westerly side of Hickory Drive, and running thence westerly along the southerly side of Chestnut Hill Road for a distance of 188 feet to an iron pin and corner; thence running southerly, and forming an interior angle of 88 degrees 52 minutes, for a distance of 185 feet to an iron pin and corner; thence running easterly, and forming an interior angle of 97 degrees, for a distance of 120 feet to an iron pin and corner; thence running northerly, and forming an interior angle of 103 degrees 30 minutes, for a distance of 198 feet to the southerly side of Chestnut Hill Road and the point of beginning. Tract `C' All that tract or parcel of land lying and being in Land Lot 1210, 16th District, 2nd Section, Cobb County, Georgia, more particularly described as follows: Beginning at the intersection of the north side of Roswell Road with the east right of way line of Interstate No. 75 Highway, and running thence north 05 degrees, 39 minutes 00 seconds, west along the easterly side of said Interstate Highway, a distance of 1142.52 feet to a point; thence north 85 degrees, 51 minutes, 20 seconds east 166.62 feet to the west right of way line of Varner Road, as shown on the plat hereinafter referred to; thence south 21 degrees 35 minutes 18 seconds east along the southwest side of said road, 47.36

Page 2888

feet to a point; thence southeasterly, southerly and southwesterly along the westerly side of said road 1160.55 feet to a point, which is north 02 degrees, 16 minutes, 40 seconds west 11.62 feet of the intersection of the west side of said road with the north side of Roswell Road; thence north 02 degrees, 53 minutes, 00 seconds west 88.38 feet to a point; thence south 86 degrees, 45 minutes, 40 seconds west 120 feet to a point; thence south 02 degrees, 14 minutes, 20 seconds east 93 feet to a point; thence south 86 degrees, 45 minutes, 40 seconds west 5 feet to a point; thence south 02 degrees, 14 minutes, 20 seconds east 7 feet to a point on the north side of Roswell Road; thence south 86 degrees, 45 minutes, 40 seconds west along the north side of Roswell Road 149.20 feet to the east right of way line of the Interstate No. 75 Highway and the point of beginning. Said property is shown on a plat of the Roy Varner property made by Mayes, Sudderth and Etheredge, Inc., Engineers, dated March 26, 1968. Excepting all that property south of the north side of South Street. Tract `D' All that tract or parcel of land lying and being in Land Lot 214, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point located on the westerly right of way line of Sandtown Road, said beginning point being located 120 feet south of the southwest intersection of Powder Springs Road and Sandtown Road as measured along the westerly right of way line of Sandtown Road; thence running easterly and crossing Sandtown Road to the southeasterly intersection point of Sandtown Road and Davis Circle Road; thence running easterly along the southerly right of way line of Davis Circle Road for a distance of 254.4 feet to a point; thence running southerly along the westerly right of way line of Davis Circle Road for a distance of 305.0 feet to a point; thence running westerly along a fence for a distance of 133.9 feet to a point; thence running southeasterly for a distance of 15.0 feet to a point; thence running westerly for a distance of 61.5 feet to a point; thence running northerly along a fence for a distance of 225.0 feet to a point; thence running westerly for a distance

Page 2889

of 196.6 feet to a point located on the easterly right of way line of Sandtown Road; thence running west and crossing Sandtown Road to a point located on the westerly right of way line of said Sandtown Road; thence running north along the westerly right of way line of Sandtown Road for a distance of 48 feet, more or less, to the point of beginning. Tract `E' All that tract or parcel of land lying and being in Land Lots 710, 731 and 732 of the 17th District, 2nd Section, Cobb County Georgia, and being more particularly described as follows: Beginning at an iron pin located at the intersection of the north original line of Land Lot 710 with the southwesterly right of way line of U.S. 41 Highway; running thence east along the north lot line of Land Lot 731, and crossing said U.S. 41 Highway, to a point located on the northeasterly right of way line of U.S. 41 Highway; running thence southeasterly along the northeasterly right of way line of said U.S. 41 Highway to the intersection formed by the southeasterly right of way line of Terrell Mill Road with the northeasterly right of way line of U.S. 41 Highway; said point of intersection also being the present city limit line of Marietta, Georgia; thence running southwesterly along the present city limit line of Marietta, Georgia and crossing the U.S. 41 Highway to a point located on the southwesterly right of way line of U.S. Highway; thence running northwesterly along the southwesterly right of way line of the U.S. 41 Highway to the point of beginning. Tract `F' All that tract or parcel of land lying and being in Land Lot 1075, 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point which point is located as follows: Begin at a point located where the north right of way line of Lacy Street intersects the west right of way line of Campbell Hill Street; proceed thence northerly along the westerly right of way line of Campbell Hill Street 665 feet to a point; said point also being the northeast corner of the

Page 2890

property owned by Annandale; proceed thence west along the north line of property owned by Annandale a distance of 280 feet to a point, which is the point of beginning of the tract herein described, said beginning point also being located on the present city limit line of Marietta, Georgia; proceed thence west a distance of 103 feet to a point located on the present city limit line of Marietta, Georgia; proceed thence north along said city limit line a distance of 100 feet to a point; proceed thence east a distance of 103 feet to a point, which is located 280.5 feet, as measured along the same course from a point which is located on the west right of way line of Campbell Hill Street, said point also being located on the present city limit line of Marietta, Georgia; proceed thence south along said present city limit line of Marietta, Georgia a distance of 100 feet to the point of beginning. Tract `G' All that tract or parcel of land lying and being in Land Lot 1017, 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at an iron pin at the intersection of the northeasterly side of U.S. 41 (Fourlane Highway) with the northwesterly side of a road running through property of the Cobb-Marietta Industrial Development Corporation, which point is 750 feet southeasterly as measured along the northeasterly side of said highway from the point where the northeasterly side of said highway crosses the north line of said Lot 1017; running thence northeasterly along the northwesterly side of said road and following the curvature thereof a distance of 345 feet to an iron pin, point and corner; thence north 56 degrees 52 minutes west a distance of 214.8 feet to an iron pin, point and corner; thence south 35 degrees 12 minutes west a distance of 305 feet to an iron pin, point and corner on the northeasterly side of said highway 9 said point being 600 feet southeasterly as measured along the northeasterly side of said highway from its intersection with the north line of said Land Lot 1017; thence south 44 degrees 59 minutes east along the northeasterly side of said highway a distance of 150 feet

Page 2891

to the iron pin on the northwesterly side of said road and the point of beginning. Tract `H' All that tract or parcel of land lying and being in Land Lot 1208, 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point located on the southeasterly right of way line of Roswell Road (State Route 120), said beginning point being located 405 feet southwesterly, more or less, as measured along the southeasterly right of way line of Roswell Road (State Route 120), from the intersection formed by the southeasterly right of way line of Roswell Road (State Highway 120) with the westerly right of way line of Kipling Drive, said beginning point also being the present city limit line of Marietta, Georgia; thence running north 61 degrees 15 minutes west, and crossing said Roswell Road (State Route 120), for a distance of 80.0 feet to a point located on the northwesterly right of way line of Roswell Road (State Route 120); thence running north 61 degrees 15 minutes west for a distance of 300 feet to an iron pin; thence running south 30 degrees 00 minutes west for a distance of 100.0 feet to an iron pin; thence running south 61 degrees 15 minutes east for a distance of 300 feet to an iron pin located on the northwesterly right of way line of Roswell Road (State Route 120); thence running south 61 degrees 115 minutes east and crossing said Roswell Road (State Route 120) for a distance of 80.0 feet to a point located on the southeasterly right of way line of Roswell Road (State Route 120), said point also being the present city limit line of Marietta, Georgia; thence running north 30 degrees 00 minutes east along the southeasterly right of way line of Roswell Road (State Route 120) and the present city limit line of Marietta Georgia, for a distance of 100 feet to the point of beginning. Tract `I' All that tract or parcel of land lying and being in Land Lot 1208, 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning

Page 2892

at a point located on the southeasterly right of way line of Roswell Road 533 feet, more or less, southwesterly, as measured along the southeasterly right of way line of said Road from the intersection of the southeasterly right of way line of Roswell Road with the southwesterly right of way line of Kipling Drive; thence running northwesterly and crossing said Roswell Road, to a point located on the northwesterly right of way line of Roswell Road; thence running northwesterly forming an interior angle of 84 degrees 30 minutes with the northwesterly right of way line of Roswell Road for a distance of 250.0 feet to an iron pin; thence running southwesterly for a distance of 100.00 feet to an iron pin; thence running southeasterly for a distance of 250.0 feet to an iron pin located on the northwesterly right of way line of Roswell Road; thence continuing southeasterly and crossing said Roswell Road to a point located on the southeasterly right of way line of Roswell Road; thence running northeasterly along the southeasterly right of way line of Roswell Road for a distance of 100.0 feet to the point of beginning. Tract `J' All that tract or parcel of land lying and being in Land Lots 1015 and 1016, 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point located on the westerly right of way line of Cherokee Street (Canton Road) 670 feet, more or less, north of the center line of Lewis Drive as measured along the westerly right of way line of Cherokee Street (Canton Road), said beginning also being the present city limit line of Marietta, Georgia; thence running east and crossing said Cherokee Street (Canton Road) to an iron pin located on the easterly right of way line of said Cherokee Street (Canton Road), said iron pin being 602 feet north of the intersection of Cherokee Street (Canton Road) and the south line of Land Lot 1016 as measured along the easterly right of way line of Cherokee Street (Canton Road); thence east along the north line of property of T. Ed Stephens for a distance of 1074 feet to an iron pin and corner; thence north along a fence for a distance of 502 feet to an iron pin and corner; thence west

Page 2893

along a fence and the north line of Land Lot 1016 for a distance of 918.5 feet to an iron pin and corner; thence southeasterly along the easterly side of property now or formerly owned by Matlock and a fence for a distance of 101.3 feet to an iron pin; thence continuing southeasterly along the easterly side of property now or formerly owned by Abercrombie and a fence for a distance of 107 feet to an iron pin and corner; thence southwesterly along the southerly side of Abercrombie property 247 feet to an iron pin and corner located on the northeasterly right of way line of Cherokee Street (Canton Road); thence running due west and crossing said Cherokee Street (Canton Road) to a point located on the westerly right of way line of Cherokee Street (Canton Road); thence running southerly along the westerly right of way line of Cherokee Street (Canton Road) for a distance of 175 feet, more or less, to the point of beginning. Tract `K' All that tract or parcel of land lying and being in Land Lot 214, 17th District, 2nd Section, Cobb County, Georgia, more particularly described as follows: Beginning at an iron pin on the southeasterly right of way line of Powder Springs Road 372.0 feet southwesterly as measured along the southeasterly right of way line of Powder Springs Road from its intersection with Garrison Drive; thence running southeasterly 325.5 feet to an iron pin; thence running southwesterly 80.0 to a point, said point being the present city limit line of Marietta, Georgia; thence running northwesterly along said present city limit line of Marietta, Georgia for a distance of 222.0 feet to a point; thence running southwesterly along the present city limit line of Marietta, Georgia for a distance of 160.0 feet to a point; thence running northwesterly for a distance of 100.0 feet to a point located on the southeasterly right of way

Page 2894

line of Powder Springs Road; thence running northeasterly along the southeasterly right of way line of Powder Springs Road for a distance of 242.5 feet to the point of beginning. Tract `L' All that tract or parcel of land lying and being in Land Lot 1224, 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point 704.3 feet north, as measured along the west right of way line of Mountain View Road, from the Dallas Road (State Route 120) right of way line; thence running along said west right of way line of Mountain View Road for a distance of 100.0 feet to line of lot 10; said line also being the present city limit line of Marietta, Georgia; thence running west along line of Lot 10 and said city limit line of Marietta, Georgia for a distance of 200 feet; thence running south along the present city limit line of Marietta, Georgia for a distance of 109 feet, more or less, to an iron stake; thence running east along the present city limit line of Marietta, Georgia for a distance of 200 feet to a point located on the west right of way line of Mountain View Road, said point being the point of beginning. Tract `M' All that tract or parcel of land lying and being in Land Lots 648, 649 of the 17th District, 2nd Section, and 1278 1243 and 1206 of the 16th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: Beginning at a point where the west lot line of Land Lot 649 intersects the southeasterly right of way line of the F-114 Marietta Loop; thence running northerly along the southeasterly right of way line of said F-114 Marietta Loop to its point of intersection with the southerly right of way line of Lower Roswell Road; thence running southeasterly along the southerly right of way line of said Lower Roswell Road to a point, said point being located 648.0 feet northwesterly from the intersection of the southerly right of way line of Lower Roswell Road and the northwestern right of way line of Clearwater Drive; thence

Page 2895

running south 01 degrees 31 minutes west for a distance of 325.55 feet to an iron pin; thence running south 88 degrees 44 minutes east for a distance of 150.55 feet to an iron pin; thence running north 00 degrees 02 minutes east for a distance of 266.35 feet to an iron pin located on the southerly right of way line of Lower Roswell Road; thence running north 62 degrees 32 minutes west along the southerly right of way line of Lower Roswell Road to an iron pin; thence running south 27 degrees 28 minutes west for a distance of 10.00 feet to an iron pin; thence running north 62 degrees 32 minutes west along said southerly right of way line of Lower Roswell Road for a distance of 49.55 feet to a point; thence running north for a distance of 10.0 feet to a point, 10.0 feet north of and perpendicular to the aforementioned point; thence running northwesterly along a line 10.0 feet north of and parallel to the southerly right of way line of Lower Roswell Road, and crossing the F-114 Marietta Loop to a point located on the northwesterly right of way line of the said F-114 Marietta Loop; thence running southwesterly along the northwesterly right of way line of the F-114 Marietta Loop to its point of intersection with the present city limit line of Marietta, Georgia; thence running east along the said Marietta, Georgia city limit line to a point located on the west lot line of Land Lot 649; thence running south along said west lot line of Land Lot 649 to the point of beginning. Tract `N' All that tract or parcel of land lying and being in Land Lot 1239, 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at an iron pin filled with concrete on the southerly right of way line of Roswell Road, said iron pin being located 40.00 feet from the center line of Roswell Road and north 89 degrees 19 minutes 00 seconds east for a distance of 37.91 feet from the intersection of the southerly right of way line of Roswell Road with the easterly right of way line of Interstate Highway No. 75; thence from said iron pin north 89 degrees 19 minutes 00 seconds east along the southerly right of way line of Roswell Road for a

Page 2896

distance of 100.00 feet to a point, said Roswell Road right of way line also being the present city limit line of Marietta, Georgia, said point being located south 89 degrees 19 minutes 00 seconds west for a distance of 592.30 feet as measured along the southerly right of way line of Roswell with the westerly right of way line of 50 foot right of way of Powers Ferry Road; thence south 00 degrees 09 minutes 24 seconds east along property of Humble Oil and Refining Company and property of Max L. Word for a distance of 200.00 feet to a point; thence south 89 degrees 19 minutes 00 seconds west along property of W. T. Shakelford for a distance of 100.00 feet to an iron pin filled with concrete; thence north 00 degrees 09 minutes 24 seconds west along property of J. C. Chesser for a distance of 200.00 feet to an iron pin filled with concrete on the southerly right of way of Roswell Road and being the point of beginning. Tract `O' All that tract or parcel of land lying and being in Land Lot 214, 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: Beginning at an iron pin located where the northwesterly side of Powder Springs Road (State Route 5) intersects the northeasterly side of the south entrance of Fairground Access Road and running thence northwesterly along the northeasterly side of said Fairground Access Road for a distance of 200 feet to an iron pin; thence in a northeasterly direction forming an interior angle of 85 degrees 27 minutes for a distance of 90 feet to an iron pin; thence in a southeasterly direction forming an interior angle of 94 degrees 34 minutes for a distance of 200 feet to an iron pin located on the northwesterly side of said Powder Springs Road; thence southwesterly forming an interior angle with the last mentioned course of 85 degrees 27 minutes along the northwesterly side of said Powder Springs Road for a distance of 90 feet to the point of beginning.

Page 2897

(No. 1) Tract `P' All that tract or parcel of land lying and being in Land Lot 1068, 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at an iron pin at the northeast corner of Land Lot 1068, running thence south 1 degree 40 minutes east along the east line of said Land Lot 882 feet to the northwest side of Bankston Road; thence southwest along the northwest side of Bankston Road and forming an interior angle of 139 degrees 55 minutes 107 feet to an iron pin; thence north 42 degrees 08 minutes west and forming an interior angle of 80 degrees 33 minutes a distance of 564.5 feet to an iron pin; thence north 37 degrees 23 minutes east 692 feet to the iron pin at the northeast corner of Land Lot 1068 and the point of beginning. (No. 2) Also: All that tract or parcel of land lying and being in Land Lot 1068, 16th District, 2nd Section, Cobb County, Georgia, more particularly described as follows: Beginning at an iron pin on the northwest side of Bankston Road 286 feet northeast, as measured along the northwest side of said road from the south line of said Land Lot 1068; running thence northeast along the northwest side of said road 114.7 feet to an iron pin at the southerly corner of the Howard property; thence northwesterly along the southwest side of said Howard property and forming an interior angle of 101 degrees, 12 minutes, a distance of 324 feet to an iron pin; thence northeasterly and forming an exterior angle of 90 degrees, 235 feet to an iron pin; thence northwesterly and forming an interior angle of 90 degrees, a distance of 361.2 feet to an iron pin at the southeasterly line of the Queen property; thence southwesterly along the southeast line of the Queen property and continuing along the southeast line of the Moor property, forming an interior angle of 79 degrees, 31 minutes 696.5 feet to an iron pin on the northwest right of way line of Interstate No. 75 Highway; thence southeast along the northeast line of said

Page 2898

Highway and forming an interior angle of 101 degrees, 25 minutes, 235 feet to an iron pin; thence northeast along the northwest line of the George Mitchell property and forming an interior angle of 73 degrees 45 minutes, 155.5 feet to an iron pin; thence southeast along the northeast line of the Georgia Mitchell property and forming an interior angle of 267 degrees, 32 minutes, 130.5 feet to an iron pin; thence northeast and forming an interior angle of 102 degrees, 17 minutes, 199.8 feet to an iron pin; thence southeast and forming an interior angle of 264 degrees, 130 feet to an iron pin; thence continuing southeasterly and forming an interior angle of 189 degrees 30 minutes 144.6 feet to the iron pin on the northwest side of Bankston Road the point of beginning. Section 2. Said Act is further amended by striking from section 3 that sentence which reads as follows: The polls at the city hall shall be opened at 7:00 a.m. and shall be kept open until 7:00 p.m., and the person receiving the highest number of votes for the office voted for shall be declared duly elected, subject to the run-off provisions hereinafter set forth for councilmen who do not receive a majority of the votes in their respective wards, and the managers of the election shall give a certificate to that effect, which shall be recorded by the clerk of city council on the book of minutes, or other book kept for such purposes. and substituting in lieu thereof the following: No candidate shall be nominated for the office of councilman or mayor in any primary or elected to any such office in any election unless the candidate shall have received a majority of the votes cast to fill such nomination or office. Certificates of election shall be recorded by the clerk of the city council upon the book of minutes or other book kept for such purpose., Elections. so that when so amended section 3 shall read as follows: Section 3. The present mayor and councilmen of the City of Marietta shall continue in office during the terms

Page 2899

for which they were elected, and on the second Wednesday in October, 1965, and every four years on said day thereafter an election shall be held in said city for a mayor and seven councilmen. Said election shall be held by a justice of the peace, or ex-officio justice of the peace, and two freeholders of said city, or by three freeholders of said city; but no person who is a candidate for office at said election shall act as a manager, or clerk, thereof. No candidate shall be nominated for the office of councilman or mayor in any primary or elected to any such office in any election unless the candidate shall have received a majority of the votes cast to fill such nomination or office. Certificates of election shall be recorded by the clerk of the city council upon the book of minutes or other book kept for such purpose. The mayor and city council, in their discretion, may authorize a poll for each city ward for any election. The record aforesaid shall be evidence of the result of the said election, and the authority of those elected to act. No person shall be allowed to vote in said elections except to be eligible under the provisions of the Constitution of the State of Georgia to vote for the members of the General Assembly, and unless he shall have bona fide and continuously resided in said city as a citizen thereof for six months next preceding said election at which he offers to vote, and shall have registered for said election as provided for in the charter of Marietta. Any person voting at such election in violation of the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. The mayor shall be elected by the voters of the entire city and this shall apply to all primary, general and special elections. The mayor and all members of council shall serve for terms of four years. Neither the person serving as mayor nor any person serving as a member of council shall be eligible to serve as city manager during the term for which any such person is elected mayor or member of council. In order to be eligible to serve as mayor or as a member of council a person must be a freeholder of the city. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2900

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular January-February 1969 Session of the General Assembly of Georgia, a bill to amend the charter of the City of Marietta, Georgia (Ga. L. 1904, p. 519 et seq), as heretofore amended and for other purposes. This 20th day of December, 1968. Cyrus M. Chapman Sam P. Hensley Senators George H. Kreeger Eugene Housley Howard Atherton A. L. Burruss Joe Mack Wilson J. H. Henderson, Jr. Hugh Lee McDaniell Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard Atherton who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of notice of intention to introduce local legislation was published in The Marietta Daily Journal which is the official organ of Cobb County, on the following dates: December 20, 27, 1968 and January 3, 1969. /s/ Howard Atherton Representative, 117th District Sworn to and subscribed before me, this 10th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 18, 1969.

Page 2901

CITY OF AUSTELLCORPORATE LIMITS. No. 335 (House Bill No. 502). An Act to amend an Act amending, revising, consolidating and superseding the several Acts incorporating the Town of Austell and reincorporating said town as a city, approved August 17, 1929 (Ga. L. 1929, p. 862), as amended, particularly by an Act approved March 26, 1964 (Ga. L. 1964, p. 3264), an Act approved March 30, 1965 (Ga. L. 1965, p. 2844), an Act approved March 4, 1966 (Ga. L. 1966, p. 3060), an Act approved January 9, 1967 (Ga. L. 1967, p. 3171), and an Act approved April 11, 1968 (Ga. L. 1968, p. 3614), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act amending, revising, consolidating and superseding the several Acts incorporating the Town of Austell and reincorporating said town as a city, approved August 17, 1929 (Ga. L. 1929, p. 862), as amended, particularly by an Act approved March 26, 1964 (Ga. L. 1964, p. 3264), an Act approved March 30, 1965 (Ga. L. 1965, p. 2844), an Act approved March 4, 1966 (Ga. L. 1966, p. 3060), an Act approved January 9, 1967 (Ga. L. 1967, p. 3171), and an Act approved April 11, 1968 (Ga. L. 1968, p. 3614), is hereby amended by deleting from section 3M the following: Tract Number Three. All that tract or parcel of land lying and being in land lot 1231 of the 19th district, second section, Cobb County, Georgia, and being substantially shown on subdivision plat of Clyde Clay prepared by W. P. Johnson, Registered Surveyor, dated March 28, 1952, recorded in plat book 11, page 86, Cobb County records, and being more fully described as follows: Beginning at a point on the northerly right-of-way of Perkerson Mill Road where same is intersected by the westerly right-of-way of a proposed unnamed street, such point also being the southeast corner of subdivided lot 33 on the aforesaid plat;

Page 2902

running thence northwest along the westerly right-of-way of said proposed unnamed street and the easterly line of said subdivided lot 33 for a distance of 350 feet more or less to a point on the south line of land lot 1212 where same is intersected by said westerly right-of-way of the proposed unnamed street; running thence west along the south line of said land lot 1212 for a distance of 600 feet more or less to the east side of a public road known as Jones Road; running thence southerly along the east side of the public road known as Jones Road for a distance of 700 feet more or less to the northerly right-of-way of Perkerson Mill Road; running thence northeasterly along the northerly right-of-way of Perkerson Mill Road and along the southerly lines of subdivided lots 37, 36, 35, 34, and 33 for a distance of 800 feet more or less to the westerly right-of-way of the aforesaid proposed unnamed street and the point of beginning. This being the same property as that deeded by Frank Richardson to H. D. Boone and Gertrude Thompson Boone by warranty deed, dated October 17, 1953, recorded in deed book 275, folio 148, Cobb County records. Repealed. Section 2. Said Act is further amended by adding after section 3M a new Section to be numbered section 3N and to read as follows: Section 3N. On and after the approval of this Act, the corporate limits of the City of Austell shall include the following tracts: All that tract or parcel of land lying and being in Land Lot 139, 18th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the west side of Bowden Street 200 feet south of the intersection of the south side of the right-of-way of Franklin Street and the west side of the right-of-way of Bowden Street; running thence south along the west side of Bowden Street for a distance of 130 feet to a point and corner; running thence west for a distance of 645 feet to a point and corner; running thence north for a distance of 330 feet to a point and corner located on the south side of the right-of-way of Franklin Street; running

Page 2903

thence east along the south side of the right-of-way of Franklin Street for a distance of 200 feet to a point and corner; running thence south 100 feet to a point and corner; running thence east for a distance of 245 feet to a point and corner; running thence south for a distance of 100 feet to a point and corner; running thence east for a distance of 200 feet to a point and corner located on the east side of the right-of-way of Bowden Street and the point of beginning. Corporate limits. All that tract or parcel of land lying and being in Land Lot Nos. 138 and 139 of the 18th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point where the south side of Franklin Street is intersected by the center line of Bowden Street and running thence west along the south side of Franklin Street of a distance of 660 feet, more or less; running thence south 0 degrees 23 minutes west for a distance of 781.6 feet to a point located on the north side of Line Street; running thence north 88 degrees 33 minutes west for a distance of 242.86 feet to a point; running thence north 0 degrees 23 minutes east for a distance of 110 feet to a point; running thence north 89 degrees 04 minutes west for a distance of 438.07 feet to a point; running thence south 89 degrees 27 minutes west for a distance of 175 feet to a point; running thence south 0 degrees 45 minutes east for a distance of 150 feet to a point located on the south line of said Land Lot No. 138; running thence south 89 degrees 27 minutes west for a distance of 369.24 feet to a point; running thence north 1 degree 17 minutes west for a distance of 387.07 feet to a point and corner; running thence north 44 degrees 04 minutes west for a distance of 669.17 feet to a point located on the southerly side of the right-of-way of the Southern Railroad; running thence north for a distance of 200 feet to the northerly side of the right-of-way of the Southern Railroad; running thence easterly and northeasterly following the curvature of the northerly side of the right-of-way of the Southern Railroad for a distance of 1754.82 feet, more or less, to a point; running thence south for a distance of 200 feet to a point located on the south side of the right-of-way of the Southern Railroad; running thence south 0 degrees 23 minutes west for a distance

Page 2904

of 385.56 feet to a point located on the north side of Franklin Street; running thence east along the north side of the right-of-way of Franklin Street for a distance of 660 feet more or less, to the center of Bowden Street; running thence south along the center of Bowden Street to the point of beginning. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1969 Session of the General Assembly of Georgia, a bill to amend the charter of the City of Austell (Ga. P. 1929, p. 862, et seq), as heretofore amended; and for other purposes. This 20th day of December, 1968. Cyrus M. Chapman Sam P. Hensley Senators George H. Kreeger Eugene Housley Howard Atherton A. L. Burruss Joe Mack Wilson J. H. Henderson, Jr. Hugh Lee McDaniell Representatives Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George H. Kreeger, who, on oath, deposes and says that he is Representative from the 117th District and that the attached copy of notice of intention to introduce local legislation was published in the Marietta Daily Journal which is the official

Page 2905

organ of Cobb County, on the following dates: January 24, 31 and February 7, 1969. /s/ George H. Kreeger Representative, 117th District Sworn to and subscribed before me, this 18th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 18, 1969. CITY OF PEARSON, GEORGIA INDUSTRIAL AUTHORITY ACT. No. 336 (House Bill No. 822). An Act to create the City of Pearson, Georgia, Industrial Authority; to provide the purposes, duties, control, organization and powers of said authority; to provide for the issuing of revenue bonds; general obligation bonds and for the validation of such bonds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act may be cited as the City of Pearson, Georgia, Industrial Authority Act. Short title. Section 2. There is hereby created a body corporate and politic to be known as the City of Pearson, Georgia, Industrial Authority, which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by the name, style and title said body may contract and be contracted with, sue and be sued, plead and be

Page 2906

impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of five (5) members, as follows: Each member shall be appointed by members of the City Council of the City of Pearson, Georgia. The terms of office of the members appointed by the members of the City Council of the City of Pearson, Georgia, shall be the same as and run currently with the terms of office of such members of the City Council of the City of Pearson, Georgia. In the event a vacancy occurs as to a member or members of said Authority, the members of the City Council of the City of Pearson, Georgia, shall fill by appointment such vacancy for the unexpired term. The members of the City Council of the City of Pearson, Georgia, may, in their discretion, request the citizens of the City of Pearson, Georgia, to submit additional names before making the appointment of any subsequent appointment to the membership of the Authority. If no recommendation is made within ten (10) days after such request, the appointment shall be made without any recommendation. The members of the Authority shall elect among themselves a president, vice-president and secretary-treasurer, except that by a majority vote of the entire membership, they may elect a person as secretary-treasurer who is not a member of the authority. Created members, etc. Section 3. As used in this Act, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context: (a) The word Authority shall mean the `City of Pearson, Georgia, Industrial Authority' created by this Act and pursuant to the authority granted by Article VII of the Constitution of the State of Georgia. Definitions. (b) The word project shall be deemed to mean and include the acquisition of lands, properties and improvements for development, expansion and promotion of industry, commerce, agriculture, natural resources and vocational training; the construction of buildings and plants for the purpose of selling, leasing or renting such structures to private persons, firms, or corporations.

Page 2907

(c) The term cost of project shall embrace the cost of construction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, architectural and legal expenses, and 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 construction of any project and placing the same in operation. Section 4. The County of Atkinson and the City of Pearson, Georgia, are expressly authorized to enter into contracts with the Authority as a public corporation. Contracts. Section 5. Any three members shall constitute a quorum of the transaction of the ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than three affirmative votes. Quorum, etc. Section 6. The Authority shall have powers: Powers. (a) To have a seal and alter the same purpose. (b) To acquire, hold and dispose of personal property, including the stock of other corporations, for its corporate purposes. (c) To enter into contract with the County of Atkinson and any city within the county. (d) To acquire in its own name by purchase, on such terms and conditions, and in such manner as it may deem proper, real property or liens or easements therein or franchise necessary or convenient for its corporate purposes, and to use the same, and to lease or make contracts with respect to the use of or dispose of same in any manner the Authority deems to its best advantage. If the Authority shall deem it expedient to construct any project or use any project already

Page 2908

constructed on lands, the title to which shall then be in the County of Atkinson, or any city within the county, the governing authorities of Atkinson County and any city within the county are authorized on their discretion to convey title to such lands, including any improvements thereon, to the Authority. (e) To appoint and select officers, agents, and employees including engineers, architects, builders, and attorneys, and to fix their compensation. (f) To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases and rentals and sale of projects, or contracts with respect to the use of projects which it erects or acquires. The County of Atkinson and the City of Pearson, Georgia, are hereby expressly authorized and empowered to enter into agreements with the Authority for use by the Authority of funds collected by special tax levies by the county and City of Pearson, Georgia, for development purposes. (g) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, equip, operate and manager projects, self-liquidating or otherwise, located on property owned or leased by the Authority, and to pay the cost of any such project from the proceeds of revenue bonds of the Authority or from any grant from the County of Atkinson or City of Pearson, Georgia, or from any contribution or loans by persons, firms or corporations, all of which the Authority is hereby authorized to receive and accept and use. (h) To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing. (i) To exercise any power granted by the laws of the State of Georgia to public or private corporations, performing similar functions, which is not in conflict with the Constitution and laws of the State of Georgia.

Page 2909

(j) To do all things necessary or convenient to carry out the powers expressly conferred by this Act. (k) To adopt, alter or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. (l) To issue revenue bonds for the purpose of paying all or any part of the cost of any project of the Authority, and validate under and in accordance with the applicable provisions. (m) To issue general obligation bonds for the purpose of paying all or any part of the cost of any project of the Authority, such obligation bonds shall be issued and validated under and in accordance with the applicable provisions of Code Chapter 87-3 of the Georgia Code, relating to validation of bonds, as amended. Section 7. All lands and improvements and personal property, the title to which is vested in the Authority, and all debentures, notes, bonds and revenue bonds issued by the Authority shall be exempt from State and local taxation. The tax exemption herein provided shall not include any exemption from sales and use tax on property purchased by the Authority or for use by the Authority. Taxes. Section 8. The Authority shall not be empowered or authorized in any manner to create a debt against the State of Georgia, County of Atkinson or the City of Pearson, Georgia. Debts. Section 9. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent auditor. The Authority shall furnish copies of said audit to the City of Pearson, Georgia. Audits. Section 10. This Act being for the purpose of developing and promoting the public good and the welfare of the City of Pearson, Georgia, and its inhabitants, shall be liberally constructed to effect the purposes hereof. Intent.

Page 2910

Section 11. 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. Severability. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to create an industrial development authority for the City of Pearson, Georgia; to provide the purposes, duties, control, organization and powers of said authority; to provide for the issuing of revenue bonds and the validation thereof; and for other purposes. This 5th day of February, 1969. Robert C. Pafford Representative, 64th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert C. Pafford who, on oath, deposes and says that he is Representative from the 64th District, and that the attached copy of notice of intention to introduce local legislation was published in the Atkinson County Citizen which is the official organ of Atkinson County, on the following dates: February 13, 20, 27, 1969. /s/ Robert C. Pafford Representative, 64th District

Page 2911

Sworn to and subscribed before me, this 4th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 18, 1969. WARREN COUNTYSMALL CLAIMS COURT. No. 337 (House Bill No. 840). An Act to create and establish a Small Claims Court in and for Warren County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court; to provide that the judge of said court shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in the county wherein such judge presides; to provide for a clerk of and for said court and for his duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for the service of processes of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to prescribe that service may be perfected by registered or certified mail; to provide the cost of court; to provide for contempt of said court and the penalty therefor; to provide for the furnishing of certain law books to said court; to provide for the validating of the acts of said court and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 2912

Section 1. There is hereby created and established a Small Claims Court in and for Warren County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $1,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by laws of the State of Georgia. Created, etc. Section 2. Any person appointed as a judge of the Small Claims Court created by this Act must be a resident of Warren County, at least twenty-two years of age, and must be a person of outstanding character and integrity. Judge. All other officers appointed to or employed by said court now or hereafter provided must be at least twenty-one (21) years of age and must be residents of Warren County. Section 3. Whenever the judge of said court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the Judge of the Superior Court of Warren County or any judge of a city court located in said county, on application of said judge of the Small Claims Court who is unable to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid of the judge unable to act. Absence of judge. Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk, said clerk to be compensated, if at all, from the fees herein authorized. Clerk. Section 5. All fees collected by the judge as herein authorized, shall be retained by him as his sole remuneration. Fees. Section 6. Actions shall be commenced by the filing of a statement of claim, including the last known address of

Page 2913

the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. Practice and procedure. (a) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in the county by any official or person authorized by law to serve process in the superior court or by a duly qualified bailiff of a small claims court; or by registered mail or certified with receipt, or by any person not a party to or otherwise interested in the suit, especially appointed by the judge of said court for that purpose. (b) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purposes, and mail the same forthwith, noting on the record the date and hour of mailing. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to sender by United States postal authorities marked refused, giving the date of refusal, and such notation of refusal is signed or initialed by a United States post office employee or United States mail carrier to whom refusal was made, then the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant. (c) When served by a private individual, as above provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant.

Page 2914

(d) When served as provided, the actual cost of service shall be taxable as costs not to exceed $5.00. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (e) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount. (f) Said notice shall provide the day and hour of the hearing, which shall not be less than ten nor more than thirty days from the date of the service of said notice; provided, however, that where service is made by registered mail, the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which shall be indicated every proceeding and ruling had in each case. Docket. Section 8. (a) The plaintiff, when he files his claim, shall deposit with the court the sum of seven dollars and fifty cents ($7.50), which shall cover all costs of the proceeding except of service of the notice, and the deposit of cost in cases of attachment, garnishment or trover shall be $7.50. If a party shall fail to pay accrued cost, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court cost, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. Costs. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court, and the judge shall be entitled to $7.50 for every such claim case. The same

Page 2915

practice and procedure shall apply in cases of illegal affidavits. All attachment proceedings shall also be tried by the judge and without a jury. Section 9. (a) On the day set for the hearing, or such later time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on merits. Trials, etc. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part hereof to offset the claim of the plaintiff. Setoff. Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods,

Page 2916

and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Judgments, etc. Section 12. The judge of said Small Claims Court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Judge's duties. Section 13. The judge of the superior court of Warren County may from time to time make rules for a simple, inexpensive and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof. Rules. Section 14. The judge of said court shall have the power to appoint one or more bailiffs of and for said Small Claims Court, to act within and throughout the limits of the county, such bailiffs to serve at the pleasure of the judge and under his direction, and a person so appointed shall be known and designated as Small Claims Court Bailiff and have the powers and authority, and be subject to the penalties, of all lawful constables of the State of Georgia, including the power to serve any and all processes and writs issued from or by said Small Claims Court; with power also to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in Section 24-804 and give the bond prescribed in Section 24-811 of the Code of Georgia and such bailiffs shall be subject to be removed for failure of duty or malfeasance in office as are other lawful constables of this State. The sheriff of said county and his deputies shall also have the power and authority to serve summons, make levies and sales, and serve as ex officio bailiffs of said court. Bailiffs, etc.

Page 2917

Section 15. Judgments of said Small Claims Court shall become a lien on the real estate and personal property of a defendant, situated in any county, from the time of the filing in the office of the clerk of the superior court for said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Judgments. Section 16. Appeals may be had from judgments returned in the Small Claims Court, to the superior court, and the same provisions now provided for by law for appeals from courts of ordinary to the superior court, shall be applicable to appeals from the Small Claims Court to the superior court, the same to be a de novo appeal. Appeals. Section 17. Until otherwise provided by rules of court, the statement of claims, verification, and notice shall be in the following equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law: Forms. Small Claims Court

Page 2918

Page 2919

Section 18. The Governor shall appoint a duly qualified person to serve as the judge of said court for a term of office of four years and until his successor is duly appointed and qualified. Judge. Section 19. All office space and courtroom facilities and all forms, docket books, file jackets, filing cabinets and the like, required by this Act, shall be furnished by the county commissioners, and they shall also provide a suitable room in the court house for the holding of said court. Courtroom, etc. Section 20. The State Librarian is hereby authorized and directed to furnish said Small Claims Court, without cost to the court or the county, all volumes of Georgia Laws, beginning with the laws of 1967. Law books. Section 21. Said Small Claims Court having no designated terms at stated periods, the judge thereof shall in each instance, set dates for all hearings and trials in every kind of case, and also designate the times when attachments and executions are returnable, and, also designate the time when each answer to a summons of garnishment shall be filed, but no garnishee may be required to file his answer sooner than ten days after he is served with summons. Whenever a

Page 2920

garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court in its discretion extends the time for filing, the judge may forthwith render judgment immediately and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. No terms. Section 22. A summons of garnishment may be served by the sheriff or his deputies, or by a lawful constable, or by a small claims court bailiff, or by the judge of the Small Claims Court; or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit, or to the writ of attachment; provided further it shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to sender by the United States postal authorities marked refused, giving the date of refusal and be signed or initialed by a United States post office employee or United States mail carrier to whom refusal was made. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of service either on the black of the original garnishment affidavit or the attachment writ or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Garnishment, etc. Section 23. The judge of the Small Claims Court of the county shall have the power to impose fines of not more than ten dollars or imprison for not longer than twenty-four hours any person guilty of contempt of court, such fines to be paid into the county treasury or depository for county purposes. Contempt.

Page 2921

Section 24. The fee of bailiff or sheriff for the execution of a fi fa shall be five dollars, plus a reasonable amount for drayage to be determined by the Small Claims Court judge. The rate of commission on all judicial sales shall be ten per cent (10%) of the first $250.00 and five per cent (5%) on all sums over that amount, with a minimum of five dollars. Execution of fi fas. Section 25. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. This is serve notice of intention that I will introduce legislation to create a small claims court, in Warren County, in the 1969 session of the Georgia General Assembly. Signed: Rep. Bobby W. Johnson House of Representatives District 29 Post 2 Georgia, Warren County. To Whom it May Concern: This is to certify that the legal notice attached hereto has been published in the: The Warrenton Clipper legal organ for Warren County, the following dates, to-wit: January 24, 1969, January 31, 1969, February 7, 1969, February 14, 1969. Sworn to on the 5th day of March, 1969. Alva L. Haywood Publisher Sworn to and subscribed to before me, on the 5th day of March, 1969. /s/ Latrelle S. Smith Notary Public. My commission expires May 3, 1969. (Seal). Approved April 18, 1969.

Page 2922

GLASCOCK COUNTYCOMPENSATION OF DEPUTY SHERIFFS. No. 339 (House Bill No. 882). An Act to amend an Act abolishing the fee system for the sheriff of Glascock County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2181), so as to change the compensation which the deputy sheriff receives from county funds; 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 abolishing the fee system for the sheriff of Glascock County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2181), is hereby amended by striking from section 4 the figure $600.00 and inserting in lieu thereof the figure $1,200.00 so that when so amended section 4 shall read as follows: Section 4. The sheriff shall have the authority to appoint such deputies as he shall deem necessary to efficiently and effectively discharge the official duties of his office. However, the total compensation of all such deputies which shall be payable from county funds shall not exceed the sum of $1,200.00 per annum. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2923

Notice of Intention to Introduce Legislation. This is to serve notice of intention that I will introduce legislation to increase the pay of deputy sheriff, for Glascock County, of $50 a month, giving him a total of $100 a month. Signed: Rep. Bobby W. Johnson House of Representatives District 29 Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby W. Johnson who, on oath, deposes and says that he is Representative from the 29th District, and that the attached copy of notice of intention to introduce local legislation was published in the Gibson Record and Guide which is the official organ of Glascock County, on the following dates: February 21, 28 and March 7, 1969. Bobby W. Johnson Representative, 29th District Sworn to and subscribed before me, this 11th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 18, 1969. CITY COURT OF ALBANYJUDGES PRO HAC VICE. No. 340 (House Bill No. 901). An Act to amend an Act creating the City Court of Albany, approved December 16, 1897 (Ga. L. 1897, p. 408), as

Page 2924

amended, particularly by an Act approved March 24, 1965 (Ga. L. 1965, p. 2505), so as to reduce the number of judges pro hac vice; to change the compensation of the judges pro hac vice; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the City Court of Albany, approved December 16, 1897 (Ga. L. 1897, p. 408), as amended, particularly by an Act approved March 24, 1965 (Ga. L. 1965, p. 2505), is hereby amended by striking from section 11 the word three, as it appears in the first sentence thereof, and substituting in lieu thereof the word two, and by striking therefrom the following: $200.00 and substituting in lieu thereof: $300.00, so that when so amended section 11 shall read as follows: Section 11. The judge of the city court shall have the power, at his discretion, to appoint up to, but not more than, two practicing attorneys, who shall be residents of Dougherty County, to serve as judges pro hac vice of the City Court of Albany, to discharge the duties of his office temporarily when the judge of said court is unable or disqualified to discharge the duties of his office. When the appointments of such attorneys as judges pro hac vice, together with their oaths, which shall be the same as is required of the judge of said court, have been recorded in the office of ordinary of said county, such judges pro hac vice may exercise all the powers of the judge of the City Court of Albany. Such appointments may be vacated at any time by order of the judge of said court, to be likewise recorded. The governing authority of Dougherty County shall upon order of the judge of the City Court of Albany expend up to a total of $300.00 per month upon the compensation of

Page 2925

each such judge pro hac vice. The governing authority of Dougherty County shall, at its discretion, be authorized to supplement the salaries of said judges pro hac vice. Said compensation shall be an expense of the county and shall be paid from the funds of Dougherty County available for such purposes. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia a bill to amend the Act creating the City Court of Albany, so as to change the number of judges pro hac vice; to change the compensation of such judges; and for other purposes. This 14th day of February, 1969. William S. Lee Representative, 61st District R. S. Hutchinson Representative, 61st District Colquitt H. Odom Representative, 61st District George D. Busbee Representative, 61st District A. W. Holloway Senator Georgia, Fulton County. Personally appeared before me, the undersigned authority,

Page 2926

duly authorized to administer oaths, Colquitt H. Odom who, on oath, deposes and says that he is Representative from the 61st District, and that the attached copy of notice of intention to introduce local legislation was published in The Albany Herald which is the official organ of Dougherty County, on the following dates: February 15, 22 and March 1, 1969. /s/ Colquitt H. Odom Representative, 61st District Sworn to and subscribed before me, this 11th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 18, 1969. CORDELE OFFICE BUILDING AUTHORITY ACT AMENDED. No. 341 (House Bill No. 903). An Act to provide for the membership of the Cordele Office Building Authority which was created by a constitutional amendment ratified at the November 1968 general election and found in Georgia Laws 1968, p. 1715; to provide for the election of a chairman; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: The members of the Cordele Office Building Authority which was created by a constitutional amendment ratified at the November 1968 general election and found in Georgia

Page 2927

Laws 1968, p. 1715, shall be the members of the City Commission of the City of Cordele. When a person becomes a member of the City Commission of the City of Cordele, such person automatically becomes a member of the Cordele Office Building Authority. The members of the Authority shall elect a chairman and a vice-chairman from among their members. Such officers need not necessarily be the same as the officers of the City Commission of the City of Cordele. Members, etc. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to make provisions relative to membership of the Cordele Office Building Authority; to provide for the matters relative thereto; and for other purposes. This 17 day of February, 1969. Howard H. Rainey Representative, 47th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard H. Rainey who, on oath, deposes and says that he is Representative from the 47th District, and that the attached copy of notice of intention to introduce local legislation was published in the Cordele Dispatch which is the official organ of Crisp County, on the following dates: February 20, 27 and March 6, 1969. /s/ Howard H. Rainey Representative, 47th District

Page 2928

Sworn to and subscribed before me, this 10th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 18, 1969. CITY OF EMERSONCORPORATE LIMITS. No. 342 (House Bill No. 916). An Act to amend an Act incorporating the City of Emerson, in Bartow County, approved November 11, 1889 (Ga. L. 1888-89, p. 976), as amended, particularly by an Act approved December 18, 1901 (Ga. L. 1901, p. 379), so as to change the corporate limits of the City of Emerson; 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 Emerson, in Bartow County, approved November 11, 1889 (Ga. L. 1888-89, p. 976), as amended, particularly by an Act approved December 18, 1901 (Ga. L. 1901, p. 379), is hereby amended by striking from Section II the following: except that portion of said circle that lies north of Indiana Avenues and east of the Western Atlantic Railroad, so that when so amended Section II shall read as follows: Sec. II. The corporate limits of said City shall include the territory included within a circle one mile in diameter, which has for its center the intersection of the Western Atlantic Railroad and Wisconsin Avenue in said town. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2929

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969, session of the General Assembly of Georgia, a Bill to amend the city charter of Emerson, Georgia, so as to provide that the corporate limits of said city shall include the territory included within a circle one mile in diameter, which has for its center the intersection of the Western Atlantic Railroad and Wisconsin Avenue, in said Town. Joe Frank Harris Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Frank Harris who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of notice of intention to introduce local legislation was published in the Bartow Herald which is the official organ of Bartow County, on the following dates: February 6, 13 and 20, 1969. /s/ Joe Frank Harris Representative, 10th District Sworn to and subscribed before me, this 12th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 18, 1969. CITY OF CARTERSVILLENEW CHARTER, REFERENDUM. No. 343 (House Bill No. 918). An Act to reincorporate the City of Cartersville in the County of Bartow; to create a new charter for said

Page 2930

city; to prescribe the corporate limits of said city, to provide for the government of said city; to provide for the officials of said city and their selection, oath, compensation, powers, duties and terms of office; to provide for filling vacancies; to provide for the organization and administration of said city; to provide for the fiscal administration of the city government; to provide for the levy and collection of ad valorem taxes; to provide for elections; to provide for the qualifications of candidates and electors; to provide for registration of voters; to provide for the method of conducting elections; to provide for the establishment of a recorder's court; to provide for the appointment of the recorder; to provide for his qualifications and compensation; to provide for the jurisdiction of the recorder's court; to provide for appeals from the recorder's court; to provide for the payment of court costs; to provide for rules for the recorder's court; to provide for schools, to provide severability, to provide for a referendum; to repeal specific laws; to repeal conflicting laws; and for other purposes. Be it further enacted by the General Assembly of Georgia: ARTICLE I. CHARTER, CITY LIMITS AND CORPORATE POWERS Section 1.01. This Act shall constitute the whole charter of the City of Cartersville, Georgia, repealing and replacing the charter as provided by Georgia Laws of 1937, p. 1532, as amended. The City of Cartersville, Georgia, in the County of Bartow, and the inhabitants thereof, shall continue to be a body politic and corporate under the name and style of the City of Cartersville, Georgia, under the name, said city shall continue to be vested with all property and rights of property which now belong to the corporation; shall have perpetual succession, may sue and be sued, plead and be impleaded, in all actions whatsoever; may contract and be contracted with; may acquire and hold such property; real or personal as may be devised, bequeathed, sold or in any

Page 2931

manner conveyed or dedicated to or otherwise acquired by it; may have a common seal and change it at pleasure; and may exercise in conformity with this charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever. New charter. Section 1.02. Corporate Limits. Be it further enacted, that said city shall include all territory within the boundaries which constitute the corporate limits as designated in Appendix One attached hereto and made a part of this Charter. Section 1.03. Corporate Powers. Be it further enacted that the corporate powers of the city, to be exercised by the city council may include the following: (a) To levy and provide for the assessment, valuation, revaluation, and collection of taxes for any public purpose on all property subject to taxation. (b) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions. (c) To appropriate and borrow money to provide for payment of the debts of the city, and to authorize the expenditure of money for any municipal purpose, or for matters of national or state interest, and 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 all accordance with the laws governing bond issues by municipalities in effect at the time said issue is undertaken. (d) To acquire, dispose of, and hold in trust or otherwise, any real, personal or mixed property, inside or outside the city. (e) To condemn property, inside or outside the city, for any corporate purpose deemed necessary by the city council, under section 36-202 of the Code of Georgia, 1933, or under other applicable public acts.

Page 2932

(f) to acquire, own, construct, operate, distribute and maintain a system of waterworks, a natural gas system, sewerage system, an electrical system, or community antenna television system inside or outside the corporate limits of said city subject to the provisions of applicable general law. For water, gas and electricity furnished, and for all sewerage and sanitary services rendered, said city may prescribe the charges, rates, fares, fees, rules, regulations and standards and conditions of service to be provided. No utility owned or operated by the City of Cartersville shall be sold unless such sale shall be first approved in a special election by a three-fourths vote of all electors of the City of Cartersville. (g) To grant franchises or make contracts for public utilities and public services, not to exceed periods of forty years except that no franchise shall be granted for gas, water and electricity. The city council may prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, in so far as not in conflict with such regulations of the Public Service Commission. (h) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, educational, recreational, conservation, 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 may be acquired by condemnation under section 36-202 of the Code of Georgia, 1933, or any other applicable public acts. (i) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (j) To provide for the collection and disposal of garbage, rubbish and refuse. Charges or fees may be imposed to cover the costs of such services, which, if unpaid, shall constitute a debt which shall be subject to a lien against

Page 2933

any property of persons served, which lien shall be enforceable in the same manner, and under the same remedies, as a lien for city property taxes. (k) To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, morals, safety, security, peace, convenience, or general welfare of inhabitants of the city. (l) To define a nuisance in the city and to provide for its abatement. The recorder of the city, shall have jurisdiction of all nuisance abatement proceedings in the city. The city shall provide by ordinance for any building, structure, or condition maintained in violation of any valid law of this state or any valid ordinance of the city, to be adjudged a nuisance for its abatement at the owner's expense upon his failure or refusal to abate the same within ten days after written notice from the city to do so. (m) To establish minimum standards for, and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city and to provide for the enforcement of such standards. (n) To provide that persons given jail sentences in the recorder's court shall work out such sentences in any public works or on the public streets of the city as provided by ordinance; or the city council may provide for the commitment of city prisoners to any city jail or to any county work camp, or jail by agreement with the appropriate county officers. (o) To regulate and license, or prohibit, the keeping or running at large of animals and fowl and to provide for the impoundment of same, in violations of any ordinance of lawful order; also to provide for their disposition, by sale, gift, or human destruction, when not redeemed as provided by ordinance; to provide punishment for violation of ordinances enacted hereunder.

Page 2934

(p) 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 amounts prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles. (q) To levy and provide for the collection of special assessments to cover the costs for any public improvements. (r) To provide that upon the conviction of the violation of any ordinance, rule, regulation or order, the offender may be punished within limitations prescribed by the city council in such ordinance, rule, regulation or order but not exceeding the limitations prescribed by this charter. (s) 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, morals, and general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the Constitution or general laws of the State of Georgia. No enumeration of particular powers in this Act 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 cities under the constitution or applicable public acts of the State. (t) To levy taxes and to make appropriations for the purpose of advertising of said city and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises into the city, and also to levy taxes and to make payment from the general revenues and funds of the city for the support of public hospitals and libraries.

Page 2935

(u) To regulate and control public streets, public alleys and ways; and in the discretion of the city council to alter, open or close public streets and public alleys and ways. (v) And to have all other powers granted to municipalities by the laws of Georgia. Section 1.04. Ordinance. Be it further enacted, that all ordinances, bylaws, rules and regulations, now in force in said city, not inconsistent with this Act, are hereby declared valid and of force until amended or repealed by the city council. Section 1.05. Citizen's OrdinanceSubmission. It shall be the right of any citizen of the city to submit to the city council, in proper form for passage, any ordinance or resolution affecting the public interests of the city, for enactment; and if the same be signed or approved in writing by twenty-five percent of those registered to vote at the last preceding election, it shall be the duty of the council to pass upon such ordinance or resolution not later than the second regular meeting thereafter; and if it fails to pass, the petition shall be transmitted by the clerk to the election superintendent within two days thereafter, and it shall be the duty of the election superintendent to call an election not later than thirty days after the receipt of the petition. If the majority of those voting in said election vote for the measure it shall be the duty of the city council to pass the same at its next regular meeting after the election. ARTICLE II. CITY GOVERNMENT Section 2.01. Establishment of City Government. Be it further enacted, that the corporate governmental powers of the City of Cartersville shall be vested in a mayor and four councilmen to be known as the Mayor and Council of the City of Cartersville. The mayor and councilmen, one from each of the four wards, shall be elected as hereinafter provided, by the qualified voters of the city at large and shall exercise their powers in such manner as prescribed

Page 2936

by this charter, the Constitution and applicable general laws of the State of Georgia, or if not prescribed in such manner as prescribed by the duly established ordinances of the City of Cartersville. Section 2.02. Qualifications for Mayor and Councilmen. Be it further enacted, that to be eligible for the office of mayor or councilman, [elected or appointed], a person must be at least twenty-five years of age, must meet the requirements of a qualified elector for members of the General Assembly, except as hereinabove stated, as prescribed by state law and must have been a bona fide resident of the City of Cartersville for at least one year next preceding the election in which he offers as a candidate, and must be a qualified voter in said city. Section 2.03. Election of Mayor and Councilmen. Be it further enacted, that on the first (1st) Wednesday of December 1969, and on said date biennially thereafter, there shall be an election for the office of mayor from the city at large, and one councilman elected at large from each of the four wards of said city, whose terms of office shall be for two years and until their successors are elected and qualified, beginning the first Wednesday in January, 1970, as now provided by law. Section 2.04. City Council. Be it further enacted, that the mayor and four councilmen shall compose the city council, in which is vested all corporate, legislative and other powers of the city, except as otherwise provided in this Act. The City Council shall hold regular public meetings at a stated time and place as provided by ordinance. The council shall meet in special sessions on call of the mayor or the mayor pro-tem and two councilmen, and notice of which has been served on the other members personally or left at their residence at least twelve hours in advance of the meeting. But such notice of a special meeting shall not be required if the mayor and all councilmen are present when the special meeting is called. Such notice of a special meeting shall be considered waived if the mayor and all councilmen are present when the special meeting is convened, or if such notice is waived in writing. Only the

Page 2937

business stated in the written call may be transacted at a special meetings, except by unanimous consent of all members of the council. The council shall exercise its powers in public meetings. The mayor or mayor pro-tem and two councilmen shall constitute a quorum provided that to pass any ordinance it shall take the affirmative vote of all three present. The council may, by ordinance, adopt rules and bylaws to govern the conduct of its business; including procedures and penalties for compelling the attendance of absent members. The council may provide by ordinance for punishment for contemptuous behavior conducted in the presence of the council. Section 2.05. Mayor as Presiding Officer. Be it further enacted, that the mayor shall preside at meetings of the council, shall have a vote only in the case of a tie vote by councilmen except as provided in section 2.04; shall have veto power except where required to vote in section 2.04, and the mayor shall have five days after meetings of the council in which to file with the clerk in writing his dissent, but the council may pass any such ordinance, order or resolution, notwithstanding the veto, by a vote of three-fourths of the total number of councilmen to be taken by ayes and nays, and entered upon the minutes, shall be the ceremonial head of the city; shall sign ordinances and resolutions on their final passage; may make short term loans in the name of the city when authorized by the council to do so; shall sign deeds, bonds and contracts when authorized by the council to do so; and shall perform such other duties imposed by this charter and duly adopted ordinances. Section 2.06. Mayor Pro-tem. Be it further enacted, that the council at the first regular meeting, and after the newly elected councilmen have taken office following each regular election, shall elect from its membership a mayor pro-tem for a term of two years. Upon the council's failure to elect a mayor pro-tem at its first regular meeting in January, the incumbent councilman who received the highest number of votes, when last elected, shall be declared mayor pro-tem. The mayor pro-tem shall perform the duties of the mayor during his absence.

Page 2938

Section 2.07. Vacancy in the Office of Mayor or Councilman. Be it further enacted, that a vacancy shall exist if the mayor or any councilman resigns, dies, moves from his ward; moves his residence from the city, or is absent from six consecutive regular meetings of the governing authority without cause; or if he is convicted of malfeasance in office, or of a felony, or any violation of election laws. The council shall appoint a qualified person to fill any such vacancy in the office of councilman for the remainder of the unexpired term, except as otherwise provided in the subsequent paragraph. At no time shall there be more than one council member so appointed holding office, and if a vacancy occurs on the council with one member so appointed on the council, a special election shall be held not less than 30 days, nor more than 60 days after the office becomes vacant pursuant to a call of a special election as provided by this Charter; however, if a special election is called pursuant to this charter, the vacancy previously filled by appointment as well as the existing vacancy shall be filed for the unexpired terms in a special election. Provided, however, if a regular election shall be held within three (3) months after the second vacancy occurs, the first vacancy previously filled by appointment and the second vacancy may be filled for the unexpired terms of such regular election. In the event a vacancy should occur in the office of the Mayor, a special election shall be called and held in the manner hereinafter provided. Section 2.08. Compensation and Expenses. Be it further enacted, that beginning January 1, 1970, the mayor shall receive an annual salary in the amount of $1,800, payable in equal monthly installments, and each councilman shall receive an annual salary of $1,200, payable in equal monthly installments. Each councilman and the mayor, when authorized by the council upon presentation to the council of itemized vouchers shall receive their actual and necessary expenses incurred in the performance of their duties of office.

Page 2939

Section 2.09. City Clerk. Be it further enacted, that the mayor and council shall appoint a city clerk who shall be ex-officio treasurer. He shall be responsible for keeping and preserving the city seal and all records of the council, attending meetings of the council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the vote of each member on each question, each motion considered, and the title of each resolution or ordinance considered, preparing and certifying copies of official records in his office, for which fees may be prescribed by ordinance; and performing such other duties as may be required by the council. The mayor and council shall require the clerk-treasurer, before entering upon discharge of his duties, to give a good and sufficient bond in amount to be decided by the mayor and the council but not less than $100,000, said bonds payable to the City of Cartersville, for the faithful performance of his duties and to secure against corruption, malfeasance, misappropriations or unlawful expenditures. Said surety bond shall be obtained from a surety company licensed to do business in the State of Georgia, City of Cartersville, and the premium thereon shall be paid by the city. Section 2.10. City Legislation. Be it further enacted, that any action of the council having a regulatory or penal effect or required to be done by ordinance under this charter, shall be done only by ordinance. Each resolution and ordinance shall be in written form before being introduced. The affirmative vote of at least three members of the council shall be required to pass any resolution or ordinance. After adoption of ordinances, the city clerk shall number ordinances consecutively, in the order of their final adoption, and shall copy them into a permanent record book used solely for this purpose; and the city clerk shall do likewise for resolutions using a separate series of numbers and a separate record book. The original copies of all ordinances, resolutions, and motions shall be filed and preserved by the city clerk.

Page 2940

Section 2.11. Readings. No ordinance, except in the case of an emergency which shall be stated in the ordinance, shall be approved until it shall have been read at two consecutive council meetings not less than seven days apart. ARTICLE III. ORGANIZATION AND PERSONNEL Section 3.01. Organization. The City Government shall continue as presently organized, except as changed by this Charter, unless and until otherwise provided by ordinance. The council, by ordinance, may establish, abolish, merge or consolidate offices, positions of employment, departments, and agencies of the city in addition to those created by this charter as they shall deem necessary to administer the affairs of the government of the city. The council in such ordinance shall prescribe the functions and duties of any such department, offices and agencies created, except that no functions assigned by this charter to a particular department, office or agency, may be discontinued or, unless this Charter specifically so provides, assigned to any other. Section 3.02. Except as otherwise provided herein, the council may by ordinance 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. Same. Section 3.03. City Manager. Appointment, Compensation. Be it further enacted that, the city council shall appoint for an indefinite term an officer whose title shall be the city manager and who shall be the head of the administrative branch of the city government. The city manager shall be chosen by the city council solely on the basis of his administrative qualifications with special reference to his actual experience in, and knowledge of, the duties of the office as hereinafter prescribed. At the time of his appointment he need not be a resident of the city, but shall reside

Page 2941

therein during his tenure of office. The city manager shall serve at the pleasure of the city council and shall receive such salary as the city council shall fix. Section 3.04. Acting City Manager. Be it further enacted that, if the office of city manager should become vacant for any cause, or the city manager should become disabled or incapacitated permanently or temporarily so that the duties of his office should be vested in another, for the time being, the city council may designate some proper person to discharge the duties of his office until the vacancy can be filled, or until the return of the city manager to his duties of the office; and, in the case of vacancy, may fill the vacancy at any time. Section 3.05. Chief Administrator. Be it further enacted that, the city manager shall be responsible to the city council for the proper administration of all affairs of the city. As chief administrator, the city manager shall have the power to appoint and remove all employees in the administrative service of the city, except the city clerk, city attorney and recorder, who shall be appointed as provided in this charter; and provided that the city manager may only recommend the employment of department heads as defined by ordinance who shall be hired and fired only with the approval of the city council. The city manager shall report to the city council every appointment and removal of an employee at the next council meeting following the appointment or removal. It shall be the duty of the city manager to supervise the administration of the affairs of the city; to see that the ordinances, resolutions, and regulations of the city council and the laws of the State are faithfully executed and endorsed; to make such recommendations to the city council concerning the affairs of the city as he shall deem expedient; to keep the mayor and council advised of the financial condition and future financial needs of the city; to attend all meetings of the city council and to prepare and to submit to the city council such reports as he may deem expedient or as may be required of him by the council; and to perform all other duties as may be required of him by the council. He shall be

Page 2942

the purchasing agent for the city for all supplies, materials, equipment, and all other articles and wares of every kind and description used by the city, except as hereinafter provided for the Board of Education; provided, however, that in no case shall the city manager purchase any of the articles or things enumerated in this Section costing more than $1,000 without the approval of the city council. Section 3.06. Maps and Diagrams. Be it further enacted that, the city manager shall prepare and maintain the necessary maps, diagrams or other records, as will show at all times the location of all water, gas, electrical and sewer pipes, all plugs, cut-offs/ lines, connections and all other information connected with the water, gas, electrical and sewer systems of the city as to facilitate the efficient and economical maintenance and extension and improvement thereof. Section 3.07. Bond. The city manager, before entering upon discharge of his duties shall execute a bond with solvent sureties doing business in Bartow County in an amount to be approved by the council, but not less than $100,000 payable to the City of Cartersville, conditioned for the faithful performance of his duties and to secure against corruption, malfeasance, misappropriations, or unlawful expenditures. The premium on said surety bond shall be paid for by the city. Section 3.08. City Attorney. Be it further enacted that, the city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized by ordinance. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a part; may be the prosecuting officer in the Recorder's Court; shall attend the meetings of the council as directed; shall advise the council, mayor and other officers and employees of the city concerning the city's legal affairs; to draw all legal documents relating to the affairs of the city when requested by city officials to do so; to inspect and give his opinion on the legality and form of all agreements, contracts, franchises, and other legal instruments

Page 2943

with which the city may be concerned; and to perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.09. Oath of Office. Be it further enacted that, before a person takes any office in the city government, he shall take before an officer of the State, authorized to administer oaths, the following oath or affirmation: I solemnly swear (or affirm) that I will support the Constitution of the United States and of the State of Georgia; that I will in all respects, observe the provisions of the Charter and ordinances of the City of Cartersville, and that I will faithfully discharge the duties of the office of...... So help me God. Section 3.10. Political Activity Prohibited. Be it further enacted that, no employee of the city, other than the mayor and councilmen, shall continue in the employment of the city after becoming a candidate for nomination or election to any city or other public office. Section 3.11. Personal Financial Interest. Be it further enacted that, any city officer or employee who has a financial interest, direct or indirect, or by reason of ownership of stock in any corporation, any contract with the city or in the sale of any land, material, supplies, or services to the city, or through a contractor supplying the city shall make known that interest by announcement at a council meeting and in writing to the city clerk and shall refrain from voting upon or otherwise participating in his capacity as a city officer or employee in the making of such sale or in the making or performance of such contract. Any city officer or employee who wilfully conceals such financial interest or wilfully violates the requirement of this section shall upon conviction be guilty of malfeasance in office or position and shall forfeit his office or position. Violation of this Section with the knowledge express or implied of the person or corporation contracted with or making a sale to the city shall render the contract or sale voidable by the city council.

Page 2944

Section 3.12. Personnel. Be it further enacted that the council shall provide for the city manager to prepare a position classification and pay plan to be submitted to the council for its approval. Said plan shall apply to all employees including the city manager and department heads, of the City of Cartersville and to any of its agencies and offices. When a pay plan has been adopted, the city council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. The city council shall adopt rules and regulations which shall include provisions for notice, severance pay, and hearings before a personnel board, consistent with this Charter concerning such personnel affairs of the City of Cartersville. ARTICLE IV. FISCAL ADMINISTRATION Section 4.01. Fiscal Year. Be it further enacted that, the fiscal year of the city government shall begin on the first day of July of each year and shall end on the thirtieth day of June next following. Said fiscal year shall constitute the budget year and the year for the financial accounting and reporting of each and every office, department, or institution, agency and activity of the government, unless otherwise provided by state or federal law. Section 4.02. Preparation of Budget. Be it further enacted that, the mayor and council shall provide by ordinance the procedures and requirements for the preparation and execution of an annual operating and a capital improvement budget. Section 4.03. Scope of Annual Operation Budget. Be it further enacted that (a) the annual operating budget shall contain with respect to each of the operating funds of the government of the City of Cartersville to which they are applicable: (1) An estimate of the unencumbered fund balance or deficit at the beginning of the ensuing fiscal year, and the

Page 2945

amount of any reserve for designated purposes or activities includable in the operating budget. (2) A reasonable estimate of revenues to be received during the ensuing fiscal year, classified according to source; provided, however, the estimated revenues from current and delinquent property taxes shall not exceed the percentage collected of the total receivable from each such source during the last complete fiscal year, or the current fiscal year, whichever is greater. (3) Proposed expenditures detailed by each department, board, commission, office, agency, and activity in accordance with an established classification of accounts, including those capital outlays which are to be financed from the revenues of the ensuing fiscal year, and including all debt service requirements in full for such fiscal year payable from such funds. (4) Work programs and performance data in justification of proposed expenditures for each department, board, commission, office or agency. (5) Such other information as may be considered necessary or desirable or requested by the mayor and council. (b) In no event shall the total proposed expenditures from any fund exceed the total anticipated revenues plus the estimated unappropriated surplus, or fund balance, and applicable reserves and less any estimated deficit at the end of the current fiscal year. Section 4.04. Submission of Budget to Mayor and Council. Be it further enacted that, on or before a date fixed by the mayor and council, but not later than 45 days prior to the beginning of each fiscal year, the city manager shall submit to the mayor and council a proposed 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

Page 2946

the budget and such other comments and information as he may deem pertinent. A sufficient number of copies of the city manager's message shall be reproduced to furnish a copy to any person desiring one, and a copy of the budget in full shall be filed with the council and furnished to the mayor and each councilman. A summary of the budget shall be published in one or more newspapers of general circulation within the City of Cartersville. The operation budget and the capital improvements budget hereinafter provided for, the budget message and all supporting schedules shall be filed in the office of the city clerk and shall be open to public inspection. Section 4.05. Action by the Mayor and Council on Budget. Be it further enacted that, (a) the mayor and council may amend the operating budget proposed by the city manager; except, that the budget as finally amended and adopted must provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves and revenues, constituting the fund availability of such fund. (b) The mayor and council shall adopt the final operating budget for the ensuing fiscal year not later than June 30th of each year. If the council fails to adopt the budget by this date, the amounts appropriated for the current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis with all items prorated accordingly until such time as the council adopts the budget for the ensuing fiscal year. Such adoption shall take the form of an appropriation ordinance setting out the estimated revenues in detail by source and making appropriations according to fund and by organizational unit, purpose or activity as set out in the budget document. (c) The amount set out in the adopted operating budget for each organizational unit, purpose or activity shall constitute the annual appropriations for such item, and no expenditure shall be made or encumbrance created in excess

Page 2947

of the otherwise unencumbered balance of the appropriation, or allotment thereof, to which it is chargable, except as provided in Section 4.06 of this Charter. Section 4.06. Additional Appropriations. Be it further enacted that, the council may by ordinance make supplemental appropriations from revenues in excess of those estimated in the budget or make revisions in the operating budget at any regular or special meeting called for such purpose. Section 4.07. Lapse of Appropriations. Be it further enacted that, all unencumbered balance of appropriations in the current operating budget shall lapse at the end of the fiscal year. Section 4.08. Capital Improvements Budget. Be it further enacted that, (a) on or before date fixed by the mayor and council, but not later than 45 days prior to the beginning of each fiscal year, the city manager shall submit to the mayor and council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The mayor and council shall have the power to accept with or without amendments or reject the proposed programs and proposed means of financing. (b) The mayor and council shall adopt the final capital improvements budget for the ensuing fiscal year not later than the 30th of June of each year. No appropriations provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided the city manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations thereof. Any such amendments to capital improvements budget shall become effective only upon adoption by the mayor and council. Section 4.09. Annual Audit. Be it further enacted that, the council shall employ a certified public accountant to make an annual audit of all the financial books and records

Page 2948

of the city. The accountant shall file his report with the council and shall prepare a summary of the report which shall be furnished and made available to the mayor and every councilman. Section 4.10. Property Taxes. Be it further enacted that, all property subject to taxation for the state or county purposes assessed as of January 1 of each year, shall be subject to a property tax leived by the city. The council by ordinance may elect to use the values established by the county tax assessors or may provide for an independent city assessment as provided by Georgia law. Section 4.11. Listing, Assessing and Collecting of Taxes. Be it further enacted that (a) the council shall have authority to prescribe by ordinance the manner in which ad valorem taxes on real and personal property within the corporate limits of the City of Cartersville shall be listed, assessed, and collected. (b) In the event an independent city assessment is made, a board of equalization, consisting of three freeholders of the city appointed by the mayor and council, with compensation fixed by ordinance, shall hear appeals of any person dissatisfied with the assessment of his property for tax purposes. The council shall prescribe by ordinance the time and manner of filing such appeals and the payment of costs by appellant, the duties and powers of the board of tax equalization, and the rules and regulations under which said board should carry out it responsibilities. (c) The board of tax equalization shall have authority to issue subpoenas, administer oaths and compel the production of records and documents to the same extent as that authority is now vested in the Superior Court of Bartow County. The board of tax equalization shall render a judgment in writing on the issue presented by such appeal, which judgment shall be rendered within one week of time said appeal was heard. In the event there is a disagreement among the members of the board of tax equalization, the decision of two members of the board shall constitute a

Page 2949

judgment of the board. The judgment shall be filed immediately with the city clerk who shall immediately mail a copy thereof to the property owner by certified U.S. mail with return receipt requested. The council or the tax payer shall have the right to appeal from any judgment rendered by the board of tax equalization to the Superior Court of Bartow County, which said appeal shall be filed in the Superior Court within ten days after the rendition of the judgment of the board of tax equalization, shall be in the same form and shall be governed by the same rules as governs appeals to the Superior Courts from the Court of Ordinary. Section 4.12. Tax Levy. Be it further enacted that, the mayor and council shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the City of Cartersville for the purpose of raising revenues to defray the costs of public education, ordinary current expenses and for any other purpose now or hereafter authorized by the Constitution and laws of the State of Georgia, in addition to a sufficient levy to pay principal and interest on general obligations. Said city is hereby authorized to levy taxes in excess of the limitation prescribed by Georgia Code 92-4101 to 92-4104 and such limitations shall not be applicable to the City of Cartersville. Section 4.13. Tax Due Date and Tax Bills. Be it further enacted that, the council shall provide by ordinance when the taxes of the city shall fall due and within what length of time said taxes shall be paid. The council may provide by ordinance for the payment of taxes due to the city in installments, or in one lump sum, and when and how and upon what terms such taxes shall be due and payable, as well as to authorize the payment of taxes prior to the time when due. The terms and methods of payment and collection of city taxes shall be in such manner as the council may determine by ordinance. Section 4.14. Collection of Delinquent Taxes. Be it further enacted that, the council may provide by ordinance for the collection of delinquent taxes by distress warrants

Page 2950

issued by the mayor for the sale of goods and chattles to be executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from a justice of the peace, or by the city attorney acting in accordance with the general law providing for the collection of delinquent city or county taxes, or by any of the foregoing methods and by the use of any available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment day of January 1 of each year, which shall be superior to all other liens except that it shall have equal dignity with those of the federal, state, or county taxes. Section 4.15. Sale and Disposition of Property. Be it further enacted that, (a) the mayor and council are hereby authorized to sell and convey any real or personal property owned or held by the City of Cartersville for governmental of any other purposes, except as otherwise limited by law; provided, however, no public utility owned or operated by the City of Cartersville shall be sold by the mayor and council unless such sale shall be first approved by a threefourths vote of all electors of the City of Cartersville. A special election shall be called and held for that purpose. (b) The mayor and council may quit claim 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 purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever 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 larger tract or boundary of land owned by the city, the mayor and council may authorize the execution and deliverance in the name of the city a deed conveying said cut off or separated parcel or trace of land to an abutting or adjoining property owner or owners in exchange for right-of-way of said street, avenue, alley, or public place or in

Page 2951

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 city has in such property. Section 4.16. Special Assessments. Be it further enacted that, the council shall have power and authority to assess all or part of the costs of constructing, reconstructing, widening, draining, or improving any public ways, sewers, utilities mains, and appurtenances, against the abutting property owners, and to provide the method of payment of such assessments and penalties for non-payment, under such terms and conditions may be prescribed by ordinance. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for city and county property taxes, and said lien shall be enforceable by the same procedures and under the same remendies as provided herein or by ordinance for city property taxes. Section 4.17. Transfer of Executions. Be it further enacted that, the city clerk of the City of Cartersville shall be authorized to transfer and assign any fi fa or execution issued for street, sewer, or any other assessment in the same manner upon the same terms, and to the same effect and thereby vest the purchaser or transferee, with the same rights as in the case of sales or transfers of tax fi fa as now provided by law; and all sales of property hereafter made under execution in behalf of the city for the collection of street, sewer, and other assessments, the owner or owners, as the case may be, are authorized to redeem the same within the same time and on compliance with the same terms and payment of the same premium, interest and costs, as in the cases of redemption of property where sold under tax fi fa, as the same now exists, or as it may from time to time be provided by law. ARTICLE V. PUBLIC SCHOOL SYSTEM Section 5.01. Public School Systems Preserved. Be it further enacted, that the public school system of the City of

Page 2952

Cartersville and of its governing authority, and all rights, powers, and authority of the city with respect there to are preserved, as amended, revised and consolidated as contained in the following sections. The city council is hereby empowered to continue and maintain the system of public schools for the City of Cartersville, as established by law. Section 5.02. Cartersville School Board, Creation, Membership. Be it further enacted that, (a) there is hereby established a board to be known as the Cartersville School Board, to be composed of seven members. One member of the Board shall reside in each of the four wards of the City, and three members may reside anywhere within the corporate limits. The qualifications of such members shall be the same as those for members of the city council. Candidates for membership on the Board shall qualify by designating whether they offer as a candidate for a ward position or as a candidate for the city-at-large positions. All members, however, shall be elected by the voters of the entire city. Except as may otherwise be provided herein, candidates shall qualify in the same manner as candidates for the city council and mayor are required to qualify, and the elections therefor shall be held, in all particulars, in the same manner elections for mayor and councilmen. The term of office for each member of the board shall be for four years and until his successor is elected and qualified. The successor to a board member whose term expires shall be elected in a general city election to be held on the first Wednesday in December of the year immediately preceding the date of the expiration of the term of such member, and successors shall take office on the first Wednesday in January following their election. Those members presently serving on the Cartersville School Board shall continue to serve for the remainder of their respective terms. The two additional at-large positions created by this charter shall be filled in an election to be held at the same time as the election for mayor and councilmen in December 1969, as provided by law. The two persons elected to fill these new positions on the board shall serve until the first Wednesday in January 1971. Beginning with the regular

Page 2953

election for school board members in December, 1970, successors for these two at-large positions shall be elected. It is the intent that elections for these two additional at-large positions be held at the time as elections for electing successors for members from the first ward and second ward. Such at-large members shall, after the initial term, serve for terms of four years and until their successors are elected and qualified. (b) Four members of the Cartersville School Board shall constitute a quorum, and a majority vote shall be sufficient for the transaction of any business except as relates to the election or dismissal of superintendents, principals, and teachers, wherein a majority of the entire Board, that is four affirmative votes, shall be necessary to transact such business. Section 5.03. Oath, Meetings, and Officers. Be it further enacted that, the members of the Cartersville School Board shall devote such time and attention to the duties of their office as the efficient performance thereof may require, and before entering upon the discharges of duties of said office, each member shall take and subscribe to the following oaths: I, (name) do solemnly swear or affirm that I will faithfully discharge the duties devolving upon me as a member of the Cartersville School Board, to the best of my skill and ability, and in accordance with what shall to me appear for the best interest of the community and the cause of education, and without fear, favor, affection, reward or hope thereof, so help me God. Said Board shall have the power to fix times for regular monthly meetings, make such rules and regulations for its own government as it may deem proper, and shall elect from its members annually a president, a vice-president, and a secretary of the Board. The Board shall keep a book of minutes in which all resolution, decisions and measures passed shall be recorded and all voting for the election of, or the dismissal of, superintendents, principals, and teachers

Page 2954

shall be done by written ballot bearing the name of the voter, and the minutes shall show how each member voted in all such elections. Section 5.04. Removal From Office, Vacancies. Be it further enacted that in case of a vacancy on said board occurring other than by reason of expiration of a term of office, the remaining members of the board, at a regular meeting or a special meeting called for such purpose, shall elect a qualified person to serve as a member of the board for the unexpired term. In the event the board is unable to fill such vacancy within thirty days, a special election shall be held to fill the vacancy. Section 5.05. Powers of the Board. Be it further enacted that, the Cartersville School Board shall be vested with the authority to take over and administer the existing public school system of the city and shall have and possess the power to modify and change such system from time to time in order to make it conform to educational needs and progress; the right and power to prescribe the plan of instruction and organization of the public schools; the exclusive power to employ superintendents, principals, teachers, janitors and other persons necessary for the execution of its purposes and fix the salaries and compensation; shall have the exclusive power to prescribe the mode of furnishing, hygienic arrangement, repairing, cleaning, lighting and heating of all public school buildings; shall have the power to provide examinations and make such other suitable regulations governing the efficiency of the superintendents and teachers in scholarship. They shall have authority to delegate to the superintendents and the teachers such disciplinary authority as they may think best. They shall exercise general supervision of the schools; and shall do all such other acts required by the laws of the State of Georgia and such other acts not inconsistent therewith as will promote the efficiency of the school system under their charge. The Board shall not elect or employ any person as superintendent or principal who is related to any member of said Board by blood or marriage in the degree according to the rules of canon law; provided, that this provision shall not

Page 2955

prevent the re-election or re-employment of any superintendent, principal, in said schools who was elected or employed as such, prior to the time the member of the Board so related became such member, and provided that the re-election or re-employment of such superintendent, principal, is accomplished by a majority vote of the Board exclusive of the related member. Section 5.06. Budget; Tax Levy; etc. Be it further enacted that, the Cartersville School Board shall, on a date mutually agreed upon by its members and the city council, but not later than the first day of May for the school year being planned, prepare and submit to the city council for approval and adoption, an estimate of the amount of money which will be required for the maintenance and operation of the public schools for the succeeding year, which estimate shall set forth the various items of expense as accurately as possible. It shall be the duty of the city council, upon its approval and adoption, in their annual levy of taxes, to make such levy as, which in their judgment, and considering other sources of revenue, shall be necessary and advisable to meet the expenditures contemplated in such estimate; and the amount so levied, together with all other funds from all other sources for school purposes received by the city, shall be collected and deposited to the credit of the Cartersville School Board, and not diverted, or used for any other purpose. The city council shall cause the approved local contribution to the support of the Cartersville public schools for the succeeding school year to be apportioned into twelve equal monthly installments and be so deposited by the City Clerk to the credit of the School Board each month. In case of a deficit in the school fund for any year or month, the city council may, by ordinance, supply or advance the same by a supplemental appropriation from the general fund. The School Board as may be prescribed or approved by resolution may incur indebtedness within the bounds of the approved budget of the then current year of operations, and may redeem such indebtedness by the issuance of checks or vouchers drawn upon the Cartersville School Board account.

Page 2956

Section 5.07. School Superintendent. Be it further enacted that, there is hereby created the office of City School Superintendent, to be selected by the Cartersville School Board for a term of office of three years. The present superintendent shall continue to serve for the remainder of his term, except as otherwise provided herein. The superintendent shall be the chief administrative officer of the Cartersville School System and shall have such other duties as are provided in this Charter or as may be prescribed by the Board. A vacancy in the office of superintendent shall be filled by a majority vote of the entire Board that is four affirmative votes for the unexpired term. Section 5.08. Purchases. Be it further enacted that, the City School Superintendent shall be the purchasing agent for the Cartersville School Board for all required supplies, equipment, machinery, furniture and all other articles and wares of every kind and description necessary for the proper and efficient operation of the city schools. The City School Superintendent shall execute a bond with solvent securities doing business in Bartow County in an amount to be approved by the Cartersville School Board, but not less than $50,000 payable to the Cartersville School Board, conditioned by the faithful performance of all his duties, said bond to be paid for by the Board. Section 5.09. Matriculation Fee. Be it further enacted that, all children whose parents, guardians, or natural protectors bona fide reside within the corporate limits of the City of Cartersville shall be entitled to attend said public schools without charge. The Cartersville School Board may also admit children into said schools whose parents, guardians, or natural protectors do not reside within the corporate limits of said city, upon the payment of such tuition fees and upon such terms as may be prescribed by the Board. Section 5.10. Contracts. Be it further enacted that it shall be lawful for the Cartersville School Board to make contracts with any oher board of education to exchange pupils; to pay such board or boards of education out of that portion of the school funds of the State of Georgia allocated for such board or boards by the State of Georgia.

Page 2957

Section 5.11. Reports to the State Board of Education. Be it further enacted, that the Cartersville School Board shall prepare and furnish all reports required by the laws of Georgia and/or the State Department of Education. A copy of any such report shall be distributed to the Mayor and council upon their request. Section 5.12. Receipts of Funds by the Board. Be it further enacted that the Cartersville School Board is authorized to receive funds for educational purposes from any source whatsoever and to use the same for educational purposes. Section 5.13. Audit. Be it further enacted that an annual audit shall be made by a certified public accountant of all of the records pertaining to the receipts and expenditure of all school funds within each school year, said audit to be completed as soon as possible after the close of the fiscal year ending June 30th. A copy of said audit shall be made available to the mayor and council and a copy shall be made available for public review. Section 5.14. Authority. Be it further enacted that the Cartersville School Board is hereby authorized to make such regulations and rules as deemed necessary and proper for the effective and efficient administration of the city school system. Section 5.15. Legal Counsel. Be it further enacted that the Cartersville School Board shall be authorized to employ legal counsel to assist it with matters of administration requiring legal advice. ARTICLE VI. RECORDER'S COURT Section 6.01. Creation. Be it further enacted that there is hereby established a court to be known as the Recorder's Court, City of Cartersville which shall have jurisdiction and authority to try offenses against the laws and ordinance of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the

Page 2958

imposition of such penalties as may be provided by the laws of Georgia, to subpoena Witnesses, to punish witnesses for non-attendance, and to try all offenses occurring within the territorial limits of the City of Cartersville including traffic cases which under the laws of Georgia are now or hereafter placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof, to establish bail and recognizances to insure the presence of those charged with violations and may prescribe the conditions of forfeiture of the same; and to administer oaths and to perform all other acts necessary and proper to the conduct of said court. The presiding officer of such court shall be known as the recorder. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current dockets thereof. The court shall sit at a place designated by the mayor and council. Section 6.02. Recorder, Qualifications and Appointment. Be it further enacted that (a) no person shall be qualified or eligible to serve as recorder unless he shall have attained the age of twenty-five (25) years, shall be a member of the State Bar of Georgia, shall be a qualified voter in the City of Cartersville, and shall have resided therein at least one (1) year immediately preceding his appointment, and shall continue to reside therein during his term of office. At the first regular meeting in January of each year the mayor and council shall appoint the recorder who shall serve at the pleasure of the mayor and council. The mayor and council shall also fill any vacancy or unexpired term in such office. The compensation of the recorder shall be fixed by the mayor and council. (b) Before entering on the duties of his office, the recorder shall take an oath before some officer duly authorized to administer oaths, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor or partiality. This oath shall be entered upon the minutes of the mayor and council.

Page 2959

Section 6.03. Jurisdiction. Be it further enacted that the recorder shall have power to impose fines for the violation of any law or ordinance of the City of Cartersville passed in accordance with this Charter, to an amount not to exceed five hundred dollars ($500), to imprison offenders for a period of not more than six months, or at labor on the roads and streets or other public works of said city for not more than six months; and said recorder shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said recorder shall not have the authority to inflict a greater punishment for contempt than to impose a fine of twenty-five dollars ($25) or imprisonment not exceeding 48 hours or any combination of the two. He shall have the authority of a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of Cartersville, which warrants may be executed by any police officer of said city, to hold commital hearings, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said city. Except as may be herein otherwise specified, the recorder is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the City of Cartersville. The recorder's court is specifically vested with all jurisdiction and powers throughout the entire area within the corporate limits granted by State laws generally to mayors, recorder's and police courts, and particularly such laws as authorize the abatement of nuisances. The recorder, or the city clerk in the recorder's name, is hereby authorized to issue subpoenas to compel the attendance of witnesses to said recorder's court, and to issue such other processes as may be necessary to the proper administration of said court. Section 6.04. Right of Appeal. Be it further enacted that the right of appeal to the Superior Court of Bartow County from the recorder's court shall lie in the same manner and under the same procedure as generally prescribed for appeals from the Court of Ordinary. An appeal to the Superior Court shall be a de novo proceeding.

Page 2960

Section 6.05. Vacancy in Office. Be it further enacted that in the absence, sickness or disqualification of the recorder or vacancy in such office, a recorder pro tempore appointed by the mayor and council, and in the performance of said office shall be clothed with the same powers and authority as are granted to the recorder under this Charter and the laws of the State of Georgia. The council is empowered to provide for the compensation of any such person appointed to preside over said court as herein provided. Section 6.06. Court Costs. Be it further enacted that in all cases in the recorder's court of the City of Cartersville, the costs incurred and allowable therein shall be computed under the provisions of the laws of the State of Georgia fixing costs in the justice of the peace courts of said State, or the recorder's court may establish a schedule of fees to defray the costs of operation and shall be entitled to reimbursement or the costs, meals, transportation, and caretaking of prisoners bound over to the Superior Court for violations of State law. The recorder's court may also provide a uniform scale of costs approved by mayor and council of the clerk and police officers of said city for all service in the arrest and prosecution of offenders in the recorder's court and in the issuance and collection of tax and other executions; and for their collections and payment into the city treasury. Section 6.07. Rules for Courts. Be it further enacted that with the approval of the mayor and council, the recorder shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the business of said court; provided, however, that the mayor and council may adopt in part or in toto the rules and regulations relative to the procedures to the operation of the Superior Courts under the general laws of the State of Georgia. ARTICLE VII ELECTIONS Section 7.01. Regular Elections, Time for Holding and Taking Office. Be it further enacted that the regular election

Page 2961

for mayor and councilmen, shall be held on the first Wednesday of December, 1969, and on said date biennially thereafter. Officials elected at any regular election shall take office on the first Wednesday in January, subsequent to their election and shall serve for a term of two years. Section 7.02. Wards, Ward Residency Requirements, Elections at Large. Be it further enacted that on and after the passage of this Act, all councilmen shall be elected one from each of the four wards of the city, as hereafter defined; provided, however, that the mayor and councilmen shall be elected by the voters of the entire city. The City of Cartersville shall be divided into four wards, to be numbered from one to four, have such metes, boundaries and limits as follows, to wit: Ward Number One. All that part of the City of Cartersville which is bounded on the south by the center line of Moon Street; on the west by the west right-of-way of the Louisville and Nashville Railroad (Cartersville-Knoxville branch); on the north by the south lines of Land Lots 195, 194, 193, and 192; on the east by the line described as beginning at the northwest corner of Land Lot 242 and thence running south 0 degrees 40 minutes east along the west lines of Land Lot 242 and 263 a total distance of 1852 feet to a point thence south 71 degrees 50 minutes west 83 feet to a point; thence south 59 degrees 20 minutes west 155 feet to a point; thence south 70 degrees 20 minutes west 32 feet to the east right-of-way line of U.S. Highway 41; thence South 10 degrees 24 minutes east 249.9 feet to a point; thence continuing southerly along the arc of the east right-of-way line of U.S. Highway 41 332.1 feet to the northern line of Land Lot 313; thence westerly along the north line of Land Lot 313 to the west right-of-way line of U.S. Highway 41; thence southerly along the west right-of-way west right-of-way line of U.S. Highway 41 to the center of Moon Street. All land lots referred to are in the 4th District and 3rd Section of Bartow County, Georgia. Ward Number Two. All that part of the City of Cartersville lying east of the center line of the main track of the

Page 2962

Western and Atlantic Railroad (south of junction of the Western and Atlantic Railroad and the Louisville and Nashville Railroad which runs to Knoxville) and which also lies east of the west right-of-way line of the said Louisville and Nashville Railroad which runs to Knoxville and south of the centerline of Moon Street to the intersection of the center line of Moon Street with the west right-of-way line of U. S. Highway 41 and all that part of the City lying north of Moon Street which is east of the west right-of-way line of U. S. Highway 41. Ward Number Three. All that part of the City of Cartersville lying west of the center line of the main track of the Western and Atlantic Railroad and south of a line defined as the center line of Main Street and its extension called Granger Drive to the end of Granger Drive and thence westerly 375 feet, more or less, to the northeast corner of Land Lot 552 in the 4th District and 3rd Section of Bartow County, Georgia. Ward Number Four. All that part of the City of Cartersville lying west of the center line of the Western and Atlantic Railroad to the point where it joins with the Louisville and Nashville Railroad which runs to Knoxville, and then west of the west right-of-way line of the Louisville and Nashville Railroad which runs to Knoxville, which is also north of the center line of Main Street and its extension called Granger Drive and a projected line westerly 375 feet, more or less, to the northeast corner of Land Lot 522 in the 4th District and 3rd Section of Bartow County, Georgia. Section 7.03. Qualifications of Candidates. Be it further enacted that any person desiring to become a candidate at any regular or special election shall file written notice of his candidacy with the City Clerk not less than twenty (20) days prior to the date fixed for the holding of any such election. His notice of candidacy shall be accompanied by such qualification fee, if any, as may be required by ordinance. Section 7.04. Qualification of Electors. Be it further enacted that any person meeting the qualification of an elector

Page 2963

for members of the General Assembly under State law who has been a bona fide resident of the City of Cartersville for 90 days next preceding the election in which he desires to vote, shall be qualified to register as an elector in any city election held under this charter. Section 705. Applicability of General Laws. Be it further enacted that except as otherwise provided by this charter, the election of all officials of the City of Cartersville, where provision is made for election by the qualified voters thereof, shall be conducted as to primary, special or general elections in conformity so far as applicable with the provisions of the Georgia Municipal Election Code and Title 34A of the Code of Georgia of 1933 as it now exists or may hereafter be amended. Section 7.06. Time of Election. Be it further enacted that the polls shall be opened from 7:00 a.m. to 7:00 p.m. Section 7.07. Place of Elections. Be it further enacted that the polling place or places for holding election shall be prescribed by the council and shall be published in the election notice as required by law. Section 7.08. Voter Registration. Be it further enacted that in all elections held in the City of Cartersville, whether primary elections, special or general elections, the voters in addition to the qualifications already prescribed, shall be registered as may be prescribed by ordinance. Section 7.09. Rules. Be it further enacted that the council is hereby authorized to enact by ordinance such additional rules consistent with this charter and general laws as are deemed necessary for the conduct of elections. Section 7.10. Absentee Ballots. Be it further enacted that the council shall cause to be provided absentee ballots for city elections. Section 7-11. Recall Election, Grounds For, Procedure. Be it further enacted that the mayor and any member of the

Page 2964

city council and any member of the Cartersville School Board may be recalled from office for malpractice or misconduct in office or gross neglect of the duties of the office in the following manner. A petition shall be filed with the city clerk containing the signatures of not less than 25% of the whole number of those registered to vote at the general election for officers next preceding, calling for an election for the recall of the member or members of the Board therein named. All signatures must be personal, or by mark with witnesses, and if more than one sheet is used, they shall be bound together when offered for filing, and each sheet shall be numbered consecutively beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the person circulating such sheet, setting forth that the signatures are all genuine and those made by mark are placed there at the request and in the presence of such signer, and shall contain a general statement on the general grounds upon which the recall is sought, the truth of which shall be supported by the affidavit, upon information and belief. Within fifteen days after the filing of such petition, excluding Sundays, the registrar shall compare the names appearing on the petition with said registration books to determine if the petition contains the requisite 25% of such registered names. If it be found that the petition does not contain the requisite number of such names, it shall be returned within seven days, Sundays excepted, to the person or persons from whom received with a written statement with the number of names lacking. Within five days after its return, Sundays excepted, the required number of additional names may be secured, and the petition re-presented together with the same affidavit prescribed for the original petition as to the signatures. If after again comparing the petition with the added names with the registration book it be found to contain the requisite 25% of those registered, a special referendum shall be held to determine whether or not the member or members of the governing authority in question shall be recalled. If after comparing the petition with the added names, as above stipulated with the registration book it be found it still

Page 2965

lacks the required number of registered names, it shall be returned to the person from whom received with a written statement of the fact, with the date of the return written thereon, and no election shall be held; and in this event, and in the event an election is had failing to result in the recall of the member or members of the governing authority in question, no like petition shall be received for the recall of any member of the governing authority within six months from the date of the election in the one case, and the last return of the petition by the registrar in the other, and in no case shall a petition be filed for the recall of any member of the governing authority who shall not have been in service upon his or their present term of office for six months. A notice of the impending special referendum shall be published in a newspaper published in the city, in accordance with the Georgia Municipal Election Code showing the time and purpose of the election, with the name of the member or members sought to be recalled and the grounds upon which the recall is sought and shall have the names of all such members printed on the ballot, each name being preceded with for the recall of and against the recall of, and those voting for such recall shall have instructions to vote by placing a check mark in front of their choice. If the majority of those voting in the recall election, vote for the recall or any member or members of the governing authority, he or they shall vacate office as soon as his or their successor or successors are elected and qualified. Upon the recall of any member or members of the governing authority a special election shall be held as provided in the Georgia Municipal Election Code to elect his or their successor or successors. In such election no new registration of voters shall be had, but only those registered for the recall election and otherwise qualified shall be qualified to vote in such election. Every person desiring to become a candidate in the election provided for this section shall, file a notice of candidacy and pay his qualification fee if any as provided by law. Section 7.12. Special Elections, Call. The governing authority shall issue the call for any special election; and in

Page 2966

the event of a vacancy to be filled in a special election, the governing authority shall issue the call within ten days after such vacancy occurs. ARTICLE VIII SEVERABILITY Section 8.01. Severability. Be it further enacted, that in the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsection, sentences, clauses, or phrases of this Act, which shall remain of so full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part thereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part of parts hereof would be declared or adjudged invalid or unconstitutional. ARTICLE IX REFERENDUM PROVISION Section 9.01. Referendum, Effective Date. Be it further enacted that not less than five days, nor more than fifteen days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor and council of the City of Cartersville to issue the call for an election for the purpose of submitting this Act to the voters of the City of Cartersville for approval or rejection. The mayor and council shall set the date of such election for a day not less than 45 nor more than 55 days after the date of the issuance of the call. The mayor and council shall cause the date and purpose of the election to be published once a week for two (2) weeks immediately preceding the date thereof in the official organ of the County of Bartow. The ballot shall have written or printed thereon the words:

Page 2967

() For approval of the Act providing a new charter for the City of Cartersville. () Against approval of the Act providing a new charter for the City of Cartersville. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect on the date provided hereinafter. If less than a majority of the votes cast on such questions are for approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by the City of Cartersville. It shall be the duty of the mayor and council to hold and conduct such election, or to provide that the person or persons normally holding city elections hold and conduct such election. The election shall be held under the same laws and rules and regulations as govern other special city elections. It shall be the duty of the mayor and council or other authority holding and conducting such election to canvass the returns and declare and certify the result of the election. It shall be the further duty of the mayor and council or other authority to certify the result of such election to the Secretary of State. In the event this Act is approved in the referendum election provided for herein, this Act shall become of full force and effect on the first day of the month next succeeding said election. ARTICLE X REPEALER Section 10.01. Repealer. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed.

Page 2968

APPENDIX ONE CORPORATE LIMITS Beginning at the northwest corner of Land Lot 273 of the 4th District and 3rd Section of Bartow County, Georgia, and running thence north 89 degrees 39 minutes east 2799.5 feet to the west right-of-way line of the Western Atlantic Railroad; thence southeasterly along the west right-of-way line of said Western Atlantic Railroad 2858 feet to the center of Pettit Creek; thence northerly along the center of the meanderings of Pettit Creek 3439 feet to a point where the old creek bed and the new channel meet; thence easterly along the center of the meanderings of the old creek bed 480 feet to a point; thence north 56 degrees 09 minutes east 829.8 feet to a point; thence south 25 degrees 27 minutes east 763 feet to a point; thence south 64 degrees 33 minutes west 150 feet to a point; thence north 25 degrees 27 minutes west 341.52 feet to a point; thence south 64 degrees 33 minutes west 334.37 feet to a point; thence south 35 degrees 12 minutes east 207.84 feet to a point; thence south 49 degrees 42 minutes east 104.37 feet to a point; thence south 64 degrees 33 minutes west 50 feet to a point; thence south 49 degrees 42 minutes east 109.68 feet to a point; thence north 64 degrees 33 minutes east 50 feet to a point; thence south 49 degrees 42 minutes east 162.25 feet to a point; thence south 0 degrees 04 minutes east 1776.4 feet to a point; thence north 76 degrees 11 minutes west 102 feet to a point; thence north 88 degrees 55 minutes west 959.4 feet to the north right-of-way line of the Western Atlantic Railroad; thence southeasterly along the north right-of-way line (or east) of said Western Atlantic Railroad 1783 feet to a point which is 5280 feet (one mile) from the center of the crossing of Cherokee Avenue and the main track of the Western Atlantic Railroad in Cartersville, Georgia; thence continuing easterly and northeasterly along the arc 5280 feet (one mile) from said center of the crossing of Cherokee Avenue and the main track of the Western Atlantic Railroad in Cartersville 1345 feet to the west right-of-way line of said Louisville and Nashville Railroad Company (Cartersville to Knoxville line); thence northerly along the west

Page 2969

right-of-way line of said Louisville and Nashville Railroad Company 3708 feet to the south line of Land Lot 195 in the 4th District and 3rd Section of Bartow County, Georgia; thence north 89 degrees 56 minutes east a total distance of 4100 feet to the west right-of-way line of U. S. Highway 41; thence continuing north 89 degrees 50 minutes east 1234 feet to the northwest corner of Land Lot 242 in said District and Section; thence south 0 degrees 40 minutes east along the west lines of Land Lots 242 and 263 a total distance of 1852 feet to a point; thence south 71 degrees 50 minutes west 83 feet to a point; thence south 59 degrees 20 minutes west 155 feet to a point; thence south 70 degrees 20 minutes west 32 feet to the east right-of-way line of said U. S. Highway 41; thence south 10 degrees 24 minutes east 249.9 feet to a point; thence continuing southerly along the arc of the east right-of-way line of said U. S. Highway 41 332.1 feet to the north line of Land Lot 313 in said District and Section; thence south 89 degrees 59 minutes east along the north lines of Land Lots 313 and 314 a total distance of 1451.5 feet to a point; thence north 89 degrees 33 minutes east 877.8 feet to a point; thence north 62 degrees 15 minutes east 436.3 feet to the west line of Land Lot 261 in said District and Section; thence south 0 degrees 15 minutes east along the east lines of Land Lots 262 and 315 a total distance of 1502.4 feet to the northeast corner of Land Lot 334 in said District and Section; thence south 89 degrees 39 minutes west along the north lines of Land Lots 334, 335 and 336 a total distance of 2747.5 feet to the east right-of-way line of said U. S. Highway 41; thence southerly along the arc and east right-of-way line of U. S. Highway 41 126.8 feet to a point; thence easterly along said right-of-way line 50 feet to a point; thence continuing southerly along said east right-of-way line of said U. S. Highway 41 587.3 feet to a point which is 5280 feet (one mile) from the center of the crossing at Cherokee Avenue and the main track of the Western Atlantic Railroad in said City of Cartersville, Georgia; thence continuing southerly and southwesterly along the arc which is 5280 feet (one mile) from the center of the crossing of Cherokee Avenue and the main track of the Western Atlantic Railroad in the City of Cartersville, Georgia 12164 feet to

Page 2970

a point; thence south 4 degrees 44 minutes east 660 feet to a point in the public road known as Old Mill Road; thence south 88 degrees 32 minutes west 1707.75 feet to a point in the intersection of Old Mill Road and South Erwin Street in said City of Cartersville; thence south 1 degree 29 minutes east 2679.3 feet to the northeast corner of Land Lot 698 in said District and Section; thence south 88 degrees 17 minutes west along the north lines of Land Lots 698 and 699 in said District and Section a total distance of 2799.2 feet to the northeast corner of Land Lot 700 in said District and Section; thence south 1 degree 23 minutes east 424.2 feet to a point; thence south 88 degrees 55 minutes west 1898.1 feet to the east right-of-way line of the public road known as Etowah Drive; thence north 23 degrees 17 minutes west 255.4 feet to a point; thence north 89 degrees 11 minutes east 276.9 feet to a point; thence north 0 degrees 46 minutes west 187.1 feet to the south line of Land Lot 668 in said District and Section; thence south 88 degrees 13 minutes west 819 feet to a point; thence north 1 degree 29 minutes west 2688.7 feet along the west lines of Land Lots 668 and 629 of said District and Section to the northeast corner of Land Lot 630 in said District and Section; thence south 88 degrees 19 minutes west 1340 feet to a point; thence north 1 degree 48 minutes west along the west lines of Land Lots 523, 558 and 595 in said District and Section a total of 3929.20 feet to the southeast corner of Land Lot 487 in said District and Section; thence due west 731.08 feet to the east right-of-way line of the Seaboard Airlines Railroad; thence north 29 degrees 50 minutes east along said east right-of-way line of said Railroad 1422.83 feet to a point in the public road known as Mission Road; thence north 89 degrees 52 minutes east 870.54 feet to a point which 5280 feet (one mile) from the center of the crossing at Cherokee Avenue and the main track of the Western Atlantic Railroad in Cartersville, Georgia; thence continuing northerly along an arc which is 5280 feet (one mile) from the center of the crossing at Cherokee Avenue and the main track of the Western Atlantic Railroad a total distance of 3556 feet to a point on the west right-of-way line of the Seaboard Airlines Railroad spur track leading to Goodyear Mill; thence northwesterly along the west right-of-way line of said Seaboard Airlines Railroad spur

Page 2971

track leading to Goodyear Mill 2168 feet to the center of Pettits Creek; thence southwesterly along the meanderings of the center of Pettits Creek 1554 feet to a point; thence south 76 degrees 10 minutes west 1290.5 feet to a point; thence south 0 degrees 46 minutes east 396.2 feet to a point; thence south 88 degrees 47 minutes east 198.9 feet to a point; thence south 0 degrees 09 minutes east along the west lines of Land Lots 378, 415 and 450 in said District and Section a total distance of 2026.1 feet to a point; thence north 89 degrees 20 minutes west 372 feet to a point; thence south 0 degrees 06 minutes east 740.8 feet to a point on the north right-of-way line of a public road known as Mission Road; thence south 89 degrees 46 minutes west along the north right-of-way line of said Mission Road 1717 feet to a point; thence north 5 degrees 49 minutes east 1313.1 feet to the south line of Land Lot 417 in said District and Section; thence north 87 degrees 51 minutes east 659.9 feet to the southeast corner of Land Lot 417 in said District and Section; thence north 0 degrees 36 minutes west 1567.4 feet to a point; thence north 0 degrees 57 minutes west 2960.54 feet to a point; thence south 86 degrees 10 minutes west 1366.46 feet to the east right-of-way line of a public road known as Burnt Hickory Road; thence north 7 degrees 46 minutes west 373.85 feet to a point; thence north 20 degrees 03 minutes west 303.6 feet to a point; thence north 1 degree 13 minutes west 27.3 feet to a point in the intersection of Burnt Hickory Road and Gilliam Springs Road; thence north 88 degrees 47 minutes east 165.09 feet to a point; thence north 1 degree 37 minutes west 1146.82 feet to the beginning point, all as shown by plat of A. Lee Smith, Registered Land Surveyor, dated January 23, 1969 on file in the office of the City Clerk of Cartersville in the City Hall of Cartersville, Georgia. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the following local legislation will be introduced at the January, 1969 session of the General Assembly of Georgia:

Page 2972

An Act to revise and provide a new charter for the City of Cartersville; to repeal conflicting laws; and for other purposes. This February 3, 1969. J. M. Tutton Mayor James R. Womack, Alderman James Pope, Alderman James M. Hodge Alderman Marvin E. Smith Alderman. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Frank Harris who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of notice of intention to introduce local legislation was published in the Bartow Herald which is the official organ of Bartow County on the following dates: February 6, 13 and 20, 1969. /s/ Joe Frank Harris Representative, 10th District Sworn to and subscribed before me, this 12th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 18, 1969.

Page 2973

TELFAIR COUNTYSHERIFF'S SALARY. No. 344 (House Bill No. 924). An Act to amend an Act placing the sheriff of Telfair County on an annual salary in lieu of a fee system of compensation, approved March 30, 1965 (Ga. L. 1965, p. 2923), so as to change the compensation of said sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Telfair County on an annual salary in lieu of a fee system of compensation, approved March 30, 1965 (Ga. L. 1965, p. 2923), is hereby amended by striking from section 2 the following: seven thousand two hundred dollars ($7200.00), and inserting in lieu thereof the following: nine thousand six hundred ($9,600.00) dollars, so that when so amended section 2 shall read as follows: Section 2. The sheriff shall receive an annual salary of nine thousand six hundred ($9,600.00) dollars, payable in equal monthly installments from the funds of Telfair County. Said salary shall not be diminished thereafter during the term of office of said officer. Any increase or decrease of said sheriff's salary shall only be by legislative Act of the General Assembly of Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Telfair County. Notice is hereby given that I will introduce in the 1969 session of the General Assembly of Georgia, legislation for the purpose of increasing the salaries of the county commissioner of Telfair County, the sheriff of Telfair County, the tax commissioner of Telfair County, the ordinary of

Page 2974

Telfair County and the clerk of the superior court of Telfair County; such legislation shall also increase or authorize an increase in the salaries for the clerks, deputies and assistants for all of said county officers; to repeal conflicting laws; to provide an effective date for such legislation; and for other purposes. This 6th day of February, 1969. /s/ Dr. Frank Holder Representative for Telfair County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, (Honorable) Dr. Frank Holder who, on oath, deposes and says that he is Representative from the 49th District, and that the attached copy of notice of intention to introduce local legislation was published in the Telfair Enterprise which is the official organ of Telfair County, on the following dates: February 13th, 20th, 27th, 1969, March 6th, 1969. /s/ Dr. Frank Holder Representative, 49th District Sworn to and subscribed before me, this 12th day of March, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 18, 1969.

Page 2975

TELFAIR COUNTYSALARY OF COUNTY COMMISSIONER. No. 345 (House Bill No. 925). An Act to amend an Act creating the office of commissioner of roads and revenues in and for the County of Telfair, approved August 27, 1931 (Ga. L. 1931, p. 566), as amended, particularly by an Act approved February 23, 1945 (Ga. L. 1945, p. 776), an Act approved February 23, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2525), and an Act approved March 10, 1959 (Ga. L. 1959, p. 2756), so as to provide for compensation for the commissioner of said county; 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 roads and revenues in and for the County of Telfair, approved August 27, 1931 (Ga. L. 1931, p. 566), as amended, particularly by an Act approved February 23, 1945 (Ga. L. 1945, p. 776), an Act approved February 23, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2525), and an Act approved March 10, 1959 (Ga. L. 1959, p. 2756), is hereby amended by striking from section 6 the following: seven thousand two hundred ($7,200.00) and six hundred ($600.00), and inserting in lieu thereof the following: nine thousand six hundred ($9,600.00) and eight hundred ($800.00), respectively, so that when so amended section 6 shall read as follows:

Page 2976

Section 6. Said commissioner shall be required to give and devote his entire time, or so much thereof as may be necessary, to the business and interest of said County of Telfair in the performance and discharge of his duties, and to receive as compensation for his time and to recover the expenses incurred by him, for traveling in or out of said county, owning and/or operating an automobile in the discharge of his duties; the cost of fuel and upkeep thereof and any and all other pay, reimbursement for expenses, emoluments or perquisites whatsoever the sum of nine thousand six hundred ($9,600.00) dollars per year, the same to be paid from the treasury of said county in installments and at the rate of eight hundred ($800.00) dollars per month. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Telfair County. Notice is hereby given that I will introduce in the 1969 session of the General Assembly of Georgia, legislation for the purpose of increasing the salaries of the county commissioner of Telfair County, the sheriff of Telfair County, the tax commissioner of Telfair County, the ordinary of Telfair County and the clerk of the superior court of Telfair County; such legislation shall also increase or authorize an increase in the salaries for the clerks, deputies and assistants for all of said county officers; to repeal conflicting laws; to provide an effective date for such legislation; and for other purposes. This 6th day of February, 1969. /s/ Dr. Frank Holder Representative for Telfair County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dr. Frank

Page 2977

Holder who, on oath, deposes and says that he is Representative from the 49th District, and that the attached copy of notice of intention to introduce local legislation was published in the Telfair Enterprise which is the official organ of Telfair County, on the following dates February 13th, 20th, 27th, 1969; March 6th, 1969. /s/ Dr. Frank Holder Representative, 49th District Sworn to and subscribed before me this 12th day of March, 1969. /s/ Aralee Strange Mason Notary Public, Georgia, State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 18, 1969. CITY OF GRAYCORPORATE LIMITS. No. 346 (House Bill No. 939). An Act to amend an Act creating a new charter for the City of Gray (formerly town of Gray), approved August 22, 1911 (Ga. L. 1911, p. 1267), as amended by an Act approved February 20, 1945 (Ga. L. 1945, p. 693), an Act approved March 17, 1960 (Ga. L. 1960, p. 2884), an Act approved March 7, 1961 (Ga. L. 1961, p. 2416), an Act approved April 5, 1961 (Ga. L. 1961, p. 3121), and an Act approved February 16, 1966 (Ga. L. 1966, p. 2032), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Gray (formerly town of Gray), approved August 22, 1911 (Ga. L. 1911, p. 1267), as amended by an Act approved February 20, 1945 (Ga. L. 1945, p. 693), an Act approved

Page 2978

March 17, 1960 (Ga. L. 1960, p. 2884), an Act approved March 7, 1961 (Ga. L. 1961 p. 2416), an Act approved April 5, 1961 (Ga. L. 1961, p. 3121), and an Act approved February 16, 1966 (Ga. L. 1966, p. 2032), is hereby amended by adding a new section to be known as section 2B to read as follows: Section 2B. In addition to the territory embraced within the corporate limits of the City of Gray as provided in Section 2 and 2A, the following described property shall also be embraced within the corporate limits of the City of Gray and shall be a part thereof: `All those certain tracts and parcels of land lying and being in Land Lot No. Fifty-four of the Ninth Land District and Davidson Militia District of Jones County, Georgia, lying and being adjacent and contiguous to the present corporate limits of the City of Gray, and being shown as lots numbered one hundred eighty (180) and one hundred eighty-one (181) as shown by a certain plat entitled `Turner Grove Addition' dated August 24, 1965, made by Calvin W. Rice, Registered Surveyor No. 58, recorded in plat book one, page 167, Jones County Clerk's Office, and which is more fully described as follows: Starting on the northeast edge of Pinewood Drive Street, as shown by said plat, at a point where the present corporate limits intersects the northeast edge of said street, said point being the south corner of above mentioned Lot No. 180 and the west corner of Lot No. 1 in Block `B' as shown by plat entitled `Pinewood Estates', dated March 17, 1965, recorded in plat book one, page 201, said clerk's office, and thence running north 44 31[UNK] east one hundred sixty-two and six tenths (162.6) feet and to the east corner of said Lot No. 180; thence north 43 50[UNK] west along the northeast line of said lots numbered 180 and 181 a distance of one hundred eighty-eight and one tenth (188.1) feet and to the north corner of said Lot N. 181; thence south 45 57[UNK] west along the northwest line of said Lot No. 181 a distance of one hundred sixty-two and five tenths (162.5) feet and to the northeast edge of Pinewood Drive Street; thence south 43 50[UNK] east along the northeast edge of Pinewood Drive Street a distance

Page 2979

of one hundred ninety-two and two tenths (192.2) feet and to the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that legislation by the General Assembly of Georgia will be sought and applied for at the 1969 session of said General Assembly, which legislation, if adopted, will amend the charter of the City of Gray, as amended, and for other purposes. This 11th day of February, 1969. City of Gray, By: J. Pierce Anderson, City Attorney for City of Gray. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John H. Hadaway who, on oath, deposes and says that he is Representative from the 27th District, and that the attached copy of notice of intention to introduce local legislation was published in the Jones County News which is the official organ of Jones County, on the following dates: February 13, 20 and 27, 1969. /s/ John H. Hadaway Representative, 27th District Sworn to and subscribed before me this 12th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 18, 1969.

Page 2980

DOUGHERTY COUNTYSANITARY DISTRICTS. No. 347 (House Bill No. 947). An Act to amend an Act creating a board of commissioners of roads and revenues for the County of Dougherty, approved March 4, 1941 (Ga. L. 1941, p. 834), as amended, so as to authorize the board to create sanitary districts in said county; to provide for sanitary services in said districts; to provide for sanitary services in the county as a whole; to provide for a tax or assessment to pay for same; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for the County of Dougherty, approved March 4, 1941 (Ga. L. 1941, p. 834), as amended, is hereby amended by adding thereto the following sections: Section 9B. The board of commissioners of Dougherty County is hereby authorized and empowered to provide systems of garbage disposal in said county in all areas in Dougherty County outside the limits of any incorporated municipality. The commissioners are further authorized to create sanitary districts in Dougherty County outside the limits of the incorporated municipalities thereof. Districts. Section 9C. The board of commissioners of Dougherty County shall have the right to provide a county sanitary system to be operated by the county, making such expenditures in connection with the establishment and operation thereof as the commissioners deem necessary. The commissioners shall have the further right to contract with an independent contractor to collect and dispose of garbage and shall have the further right to authorize the collection and disposal of garbage by individuals or others. Services, contracts, etc. Section 9D. The governing authority is hereby authorized to levy a tax upon the taxable property in said county or in any district created hereunder for the purpose of

Page 2981

establishing, maintaining and operating any system provided for hereunder, or by assessments on the property-owners utilizing such system within the county or any district created hereunder. Charges. Section 9E. The board of commissioners of Dougherty County are hereby authorized and directed to regulate the collection and disposition of garbage, trash and refuse throughout the county. The commissioners shall make all rules and regulations necessary for the collection and disposal of such garbage and shall regulate the fees or charges for the services rendered. Such regulations shall not conflict with any general laws of force in this State. The commissioners may prescribe different charges for different classes of customers such as commercial or residential, but such charges or fees shall be uniform per pick-up or per service rendered within each class. Regulations. Section 9F. In order to protect the public health and welfare, said commissioners shall prescribe rules and regulations for the disposal and removal of garbage from all businesses, residences, and occupied dwellings, providing when it shall be removed, and to where it shall be removed. Rules. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that a Bill will be introduced in the 1969 Session of the General Assembly of Georgia to authorize the board of commissioners of Dougherty County to provide sanitary services in Dougherty County; to provide for the division of said county into such territorial sanitary districts as such board shall deem advisable; to provided for service charges against residences and businesses served; to authorize the Board of Commissioners to

Page 2982

levy a tax or assessment on the property owners utilizing such service; and for other purposes. This 21st day of January, 1969. /s/ George D. Busbee Representative, Dougherty County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George D. Busbee who, on oath, deposes and says that he is Representative from the 61st District, and that the attached copy of notice of intention to introduce local legislation was published in The Albany Herald which is the official organ of Dougherty County, on the following dates: January 25, February 1 and 8, 1969. /s/ George D. Busbee Representative, 61st District. Sworn to and subscribed before me, this 12th day of March, 1969. /s/ Doris Alford Notary Public, Georgia State at Large. My Commission expires Oct. 26, 1971. (Seal). Approved April 18, 1969. CITY OF POWDER SPRINGSCORPORATE LIMITS. No. 348 (House Bill No. 955). An Act to amend an Act incorporating the City of Powder Springs approved August 5, 1920 (Ga. L. 1920, p. 1437), as subsequently amended, to provide for annexation of

Page 2983

territory to the City of Powder Springs; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act incorporating the City of Powder Springs, approved March 5, 1920 (Ga. L. 1920, p. 1437), as amended, is hereby amended by adding to section 1 the following tract of land which shall be incorporated into the corporate limits of the City of Powder Springs so that the end of section 1 shall read as follows: On or after the approval of this Act the corporate limits of the City of Powder Springs shall include, in addition to the above described area, all the area embraced within the following described parcel and tract of land: All that tract and parcel of land lying and being in Land Lot 946, 19th District, 2nd Section, Cobb County, Georgia, which is more particularly described as follows: Beginning at a point on the west side of State Highway No. 6, 207.5 feet northerly as measured along the westerly side of said highway from its intersection with the east side of Old Austell Road (also known as State Highway No. 278); thence northerly along the westerly side of State Highway No. 6, 830.3 feet to a point; thence westerly 288.4 feet; thence southerly 186 feet; thence westerly 200 feet to a point on the east side of Old Austell Road; thence southeasterly along the east side of said road 657.5 feet to a point; thence east 139.1 feet to the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1969 Session of the General Assembly of Georgia, a bill to amend the charter of the City of Powder

Page 2984

Springs, (Ga. L. 1920, p. 1437, et seq), as heretofore amended; and for other purposes. This 20th day of December 1968. Cyrus M. Chapman Sam P. Hensley Senators George H. Kreeger Eugene Housley Howard Atherton A. L. Burruss Joe Mack Wilson J. H. Henderson, Jr. Hugh Lee McDaniell Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George H. Kreeger who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of notice of intention to introduce local legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 24, 31 and February 7, 1969. /s/ George H. Kreeger Representative, 117th District Sworn to and subscribed before me, this 13th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 18, 1969.

Page 2985

CHATHAM COUNTYCIVIL SERVICE SYSTEM ACT AMENDED. No. 349 (House Bill No. 956). An Act to amend an Act creating a civil service system for Chatham County and establishing a Civil Service Board, and providing the powers and duties thereof, approved February 23, 1956 (Ga. L. 1956, p. 2456), as amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 3072), so as to provide that the employees of Chatham County shall be afforded an opportunity to elect two members to the said Civil Service Board, which two members shall be in addition to the present membership thereof; to provide that when so elected the two new members shall be appointed to said board by the Board of County Commissioners and ex-officio judges; to provide for four year terms for the said two new members; to provide that the director shall serve at the pleasure of the said Civil Service Board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a civil service system for Chatham County and establishing a Civil Service Board, and providing the powers and duties thereof, approved February 23, 1956 (Ga. L. 1956, p. 2456), as amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 3072), is hereby amended by striking from subparagraph (1) of section 3 the following: Two members shall constitute a quorum for the conduct of business., and by inserting in lieu thereof the following: Not later than sixty days after the effective date of this amendatory Act, the ordinary of Chatham County shall issue a call for an election to elect two members to the said Civil Service Board, which two members shall be in addition to the present membership. Only the employees of Chatham

Page 2986

County shall be eligible to vote in said election, which election shall be held within three weeks of the ordinary's call, and which shall be held in accordance with the laws governing special elections. The ordinary shall tabulate the votes cast for each candidate, and the two candidates receiving the highest number of votes shall be declared winners and duly elected. Within three days following said election it shall be the duty of the Commissioners of Chatham County and ex-officio judges to appoint the aforesaid winners and elected candidates to the said Civil Service Board. The newly elected and appointed members shall each serve for terms of four years and until their successors are elected and qualified. Four members of said Board shall constitute a quorum. The aforesaid election shall be paid for by funds of Chatham County. Members, etc. Section 2. Said Act is further amended by striking subsection (3) of section 4 and inserting in lieu thereof a new subsection (3), which shall read as follows: (3) The director shall serve at the pleasure of the Board, and shall be removed when a majority of the Board shall vote for his removal. Director. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1969 Session of the General Assembly of Georgia, a Bill to change the composition of the Civil Service Board of Chatham County, and for other purposes. This 11 day of February, 1969. Joseph A. Battle Representative, 90th, District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joseph A. Battle

Page 2987

who, on oath, deposes and says that he is Representative from the 90th District, and that the attached copy of notice of intention to introduce local legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: Feb. 13, 1969 Feb. 20, 1969, Feb. 27, 1969. /s/ Joseph A. Battle Representative, 90th, District Sworn to and subscribed before me, this 13 day of March, 1969. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My Commission Expires December 26, 1972. (Seal). Approved April 18, 1969. CITY OF JEFFERSONCHARTER AMENDED, REFERENDUM. No. 350 (House Bill No. 958). An Act to amend an Act incorporating the City of Jefferson, in the County of Jackson, approved December 12, 1899 (Ga. L. 1899, p. 214), as amended, particularly by an Act approved August 18, 1916 (Ga. L. 1916, p. 755), so as to provide for annexation of areas to wards of said city and to thereby change the corporate limits of said city; to provide for a referendum; to provide for voters lists; 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 Jefferson in the County of Jackson, approved December 12, 1899 (Ga. L. 1899, p. 214), as amended, particularly by an Act approved August 18, 1916 (Ga. L. 1916, p. 755), is hereby

Page 2988

amended so as to provide for annexation of areas to the four wards thereof as defined in aforesaid Act and to define the boundaries of the four wards into which the area of the City of Jefferson is subdivided as follows: Corporate limits, wards. Ward 1: Beginning at a point in the center of the public square and running thence along the center of Lee Street to where said street is intersected by Hill Street, thence along the center of Hill Street to where it intersects Lawrenceville Street, thence along the center of Lawrenceville Street to where the same is intersected by Hoschton Street, thence continuing along the old Lawrenceville Road to a point where said old Lawrenceville Road is intersected by the arc of a circle having a radius of one and one-half miles and with its center at the center of the public square in the said City of Jefferson, Georgia, and running northeasterly along the arc of a circle having a radius of one and one-half miles and with its center at the center of the public square in the said City of Jefferson, Georgia, to a point on U.S. Highway No. 129 (known as the Gainesville-Jefferson Highway) and thence along the center of the Gainesville Highway towards Jefferson to a point where said highway is intersected by Dickson Drive Extension, thence along the center of said Dickson Drive Extension and Dickson Drive to Westmoreland Drive, thence along the center of Westmoreland Drive to where same is intersected by Martin Street, thence along the center of Martin Street to Sycamore Street, thence along the center of Sycamore Street towards Jefferson to the point of beginning. Ward 2: Beginning at a point in the center of the public square and running thence along the center of Sycamore Street to where same is intersected by Martin Street, thence along the center of Martin Street to where same is intersected by Westmoreland Drive, thence along the center of Westmoreland Drive to where same is intersected with Dickson Street, thence along the center of Dickson Street and Dickson Street Extension to the center of U. S. Highway No. 129 and thence along the center of U. S. Highway No. 129 to where said highway is intersected by the arc of a circle having a radius of one and one-half miles and with its

Page 2989

center at the center of the public square in the said City of Jefferson, Georgia, running from said point northeasterly along the arc of a circle having a radius of one and onehalf miles and with its center at the center of the public square in the said City of Jefferson, Georgia, to a point on Athens Street, being known as U. S. Highway No. 129, thence along the center of Athens Street towards Jefferson to a point where same is intersected with Gordon Street, thence along the center of Gordon Street to a point in public square, the point of beginning. Ward 3: Beginning at a point in the center of the public square and running thence along the center of Gordon Street to where same intersects Athens Street, (known as U. S. Highway No. 129), thence along said Athens Street and U. S. Highway No. 129 to a point where said road is intersected by the arc of a circle having a radius of one and one-half miles and with its center at the center of the public square in the said City of Jefferson, Georgia, and running from said point westerly along the arc of a circle having a radius of one one-half miles and with its center at the center of the public square in the City of Jefferson, Georgia, to a point on Lee Street (known as Georgia Highway No. 11), thence along the center of Lee Street and Georgia Highway No. 11 to a point in the center of the public square in said City of Jefferson, Georgia, the point of beginning. Ward 4: Beginning at a point in the center of the public square running thence along Lee Street to where said street is intersected with Hill Street, thence along the center of Hill Street to where said street is intersected with Lawrenceville Street, thence along the center of Lawrenceville Street to where it is intersected with Hoschton Street, thence continuing along the old Lawrenceville Road to a point where said old road is intersected by the arc of a circle having a radius of one and one-half miles and with its center at the center of the public square in the said City of Jefferson, Georgia, and running thence southeasterly along the arc of a circle having a radius of one and one-half miles and with its center at the center of the public square in the said City of Jefferson, Georgia, to a

Page 2990

point on Georgia Highway No. 11 (known as the Jefferson-Winder Highway), thence along the center of the Jefferson-Winder Highway and Lee Street to a point in the center of the public square in the said City of Jefferson, Georgia, the point of beginning. Section 2. Not less than 30 days nor more than 60 days after the approval of this Act by the Governor, it shall be the duty of the ordinary of Jackson County to issue, upon request of the city council of the City of Jefferson, the call for an election for the purpose of submitting this Act to the voters residing within the area to be annexed to the corporate limits of Jefferson, Georgia, by this Act, for approval or rejection. The ordinary shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The ordinary 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 Jackson County. The ballot shall have written or printed thereon the words: For approval of the Act changing the corporate limits of the City of Jefferson by increasing the corporate limits a distance of three-quarters mile around the city. Referendum. Against approval of the Act changing the corporate limits of the City of Jefferson by increasing the corporate limits a distance of three-quarters mile around the city. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. A majority of the registered and qualified voters of the area to be annexed by this Act must vote and if a majority of those voting are for approval of the Act it shall become of full force and effect. If less than a majority of those voting in the area to be annexed by this Act vote for approval of the Act it shall be void and of no force and effect. The expenses of such election shall be borne by the City of Jefferson and the ordinary shall be reimbursed by the City of Jefferson for expenses incurred in holding such election. It shall be

Page 2991

the duty of the ordinary to hold and conduct such election in the area to be annexed by the City of Jefferson by this Act and he shall hold such election under the same laws, rules and regulations as govern special elections except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election held in the area to be annexed by this Act to the City of Jefferson. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. The ordinary of Jackson County shall make available at least 15 days prior to the above election a complete list of voters who are registered and otherwise eligible to vote in the said election, which list shall be shown to any person desiring to see it. Voter's list. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there shall be introduced at the 1969 session of the General Assembly of Georgia local legislation to amend the charter of the City of Jefferson, Georgia, to repeal conflicting laws, and for other purposes. This the 4th day of Feb., 1969. Mayor and Council City of Jefferson, Ga. Georgia, Jackson County. Personally appeared before me, the undersigned attesting office authorized by law to administer oaths, came Herman Buffington, who, on oath, deposes and says that he is publisher of The Jackson Herald, Inc., that the Jackson Herald is the newspaper in which sheriff's advertisements are published in Jackson County, Georgia, and that the attached copy of notice of intention to introduce local legislation was

Page 2992

published in The Jackson Herald on the following dates: February 5, 12 and 19, 1969. /s/ Herman Buffington Sworn to and subscribed before me, this the 10th day of March, 1969. /s/ Jack S. Davidson Notary Public My Commission expires Oct. 4, 1970. (Seal). Approved April 18, 1969. JEEF DAVIS COUNTYCOMPENSATION OF BOARD OF COUNTY COMMISSIONERS. No. 351 (House Bill No. 961). An Act to amend an Act creating a board of commissioners of Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), so as to change the compensation of the chairman and commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), is hereby amended by striking from section 2 the following: $35.00 and $25.00 and substituting in lieu thereof the following: $125.00 and $100.00, respectively, and by striking in its entirety the following sentence:

Page 2993

The total compensation to the chairman, the other commissioners and the clerk shall not exceed $4,500.00 per year., so that when so amended section 2 shall read as follows: Section 2. In the event this Act is approved at the referendum hereinafter provided, it shall be the duty of the ordinary of Jeff Davis County to issue the call for an election to elect the first commissioners under this Act within fifteen days after the approval of this Act at the referendum herein provided. It shall be the duty of the ordinary to set the date for such election at not more than thirty days after the issuance of the call therefor. The ordinary shall cause the date and purpose of the election to be published at least once in the official organ of Jeff Davis County between the date of the approval of this Act at the referendum and the date of such election. The ordinary of Jeff Davis County shall be ex officio member of the board of commissioners created herein during the current term of his office as ordinary. He shall represent the Hazlehurst district for the remainder of his term. At such election a commissioner for each of the other militia districts shall be elected for a term ending December 31, 1960; thereafter, the successor to the incumbent ordinary as ex officio commissioner of the Hazlehurst district and the successors to the commissioners elected at the special election herein provided shall be elected at the same time as other county officers of Jeff Davis County are elected and shall serve for a term of four (4) years and until their successors are elected and qualified. The board shall elect a chairman who shall serve at the pleasure of the board. The chairman shall be compensated in the amount of $125.00 per month. The other members of the board shall be compensated in the amount of $100.00 per month and the clerk shall be compensated in an amount not to exceed $200.00 per month. Such compensation shall be paid from the funds of Jeff Davis County. No member of said board shall receive any other compensation whatever for expenses or otherwise, for any services or expenses incurred within the County of Jeff Davis. Should it become necessary for any member of said board to transact business

Page 2994

for the county outside the limits of said County of Jeff Davis, then his or their expenses only shall be paid out of the general funds of the county, when and only after said itemized expense account is approved by the judge of the superior court of said county. Section 2. This Act shall ecome effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia a bill to change the compensation of the County Commissioners of Jeff Davis County; and for other purposes. This 8th day of January, 1969. James L. Conner Representative, 56th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James L. Conner who, on oath, deposes and says that he is Representative from the 56th District, and that the attached copy of notice of intention to introduce local legislation was published in the Jeff Davis County Ledger which is the official organ of Jeff Davis County, on the following dates: January 30th, 1969; February 6th, and 13th, 1969. /s/ James L. Conner Representative, 56th District

Page 2995

Sworn to and subscribed before me, this 13th day of March, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 18, 1969. CITY OF HAZLEHURSTSALARIES OF MAYOR AND COMMISSIONERS. No. 352 (House Bill No. 962). An Act to amend an Act providing a new charter for the City of Hazlehurst, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec., p. 2925), as amended, so as to change the compensation of the mayor and members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a new charter for the City of Hazlehurst, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec., p. 2925), as amended, is hereby amended by striking from subsection (j) of section 3 the following: sixty dollars per annum, and twenty five dollars and substituting in lieu thereof the following: $25.00 per month and $75.00, so that when so amended subsection (j) shall read as follows: (j) Each member of the board of commissioners, except the mayor, shall receive a salary of $25.00 per month payable in monthly installments; and, the mayor shall receive a monthly salary of $75.00 as mayor; and if designated as city recorder, may receive an additional salary as provided for such recorder.

Page 2996

Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia a bill to change the compensation of the mayor; the city council and for other purposes. This 8th day of January, 1969. James L. Conner Representative, 56th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James L. Conner who, on oath, deposes and says that he is Representative from the 56th District, and that the attached copy of notice of intention to introduce local legislation was published in the Jeff Davis County Ledger which is the official organ of Jeff Davis County, on the following dates: January 30th, 1969; February 6th, and 13th, 1969. /s/ James L. Conner Representative, 56th District Sworn to and subscribed before me, this 13th day of March, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 18, 1969.

Page 2997

CITY OF CALHOUNCORPORATE LIMITS. No. 353 (House Bill No. 966). An Act to amend an Act providing a new charter for the City of Calhoun, approved April 9, 1963 (Ga. L. 1963, p. 3120), so as to redefine the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a new charter for the City of Calhoun, approved April 9, 1963 (Ga. L. 1963, p. 3120), is hereby amended by deleting in its entirety Sec. 1-4 and substituting in lieu thereof a new Sec. 1-4 to read as follows: Sec. 1-4. Corporate limits defined. The corporate limits of the City shall extend as follows: Beginning at a point where the east line of Land Lot 193 of the 14th District and 3rd Section of Gordon County, Georgia intersects the northerly line of Georgia Highway 156 (Red Bud Road). From said beginning point, running thence easterly along the northerly line of Georgia Highway 156, 700 feet, more or less, to the southwest corner of the L. M. Silvers property as described in Deedbook 58, Page 489 of the Gordon County Records; Running thence northerly along the west line of the said L. M. Silvers property, 150 feet, more or less, to a point; Running thence easterly along the north line of the said L. M. Silvers property, 205 feet, more or less, to the west line of Hines Hill Road; Running thence south along the west line of Hines Hill Road, 82 feet, more or less, to the northerly line of Georgia Highway 156; Running thence easterly and southeasterly along the northerly line of Georgia Highway 156, 2,620 feet, more

Page 2998

or less, to a point which is 200 feet westerly from the west line of Columbus Drive; Running thence northerly 200 feet to a point which is 200 feet west of Columbus Drive; Running thence east 200 feet to the west line of Columbus Drive at a point 195 feet north of the north line of Georgia Highway 156; Running thence north along the west line of Columbus Drive, 330 feet, more or less, to the north line of Land Lot 195 of said District and Section; Running thence east along the north line of said Land Lot 195, 675 feet, more or less, to the southwest corner of the property of Collins, Jarrard, Fossett and Maddox, as described in Deedbook 67, Page 219 of the Gordon County Records; Running thence north along the west line of the Collins, et al, property, 315 feet, more or less, to a point; Running thence west along the south line of the Collins, et al, property, 210 feet, more or less, to a point; Running thence north along the west line of the Collins, et al, property, 2,372.8 feet, more or less, to the north line of Land Lot 166 in said District and Section; Running thence east along the north line of said Land Lot 166, 455 feet, more or less, to the west line of Interstate Highway 75; Running thence southerly along the west line of Interstate Highway 75, 2,450.8 feet, more or less, to a point; Continuing thence southerly along the west line of Interstate Highway 75, 783.4 feet, more or less, to the north line of Georgia Highway 156; Running thence southerly across Georgia Highway 156, 80 feet, more or less, to a point formed by the intersection of the southerly line of Georgia Highway 156 with the westerly line of Interstate Highway 75;

Page 2999

Running thence southerly along the westerly line of Interstate Highway 75, 675 feet, more or less, to a point which is 650 feet south of and perpendicular to the south line of Georgia Highway 156; Running thence west parallel to and 650[UNK] perpendicular from the south line of Georgia Highway 156, 960 feet to a point; Running thence northerly perpendicular to Georgia Highway 156, 450 feet to a point; Running thence westerly and northwesterly along a line parallel to and 200 feet southerly from the south line of Georgia Highway 156, 2,270 feet, more or less, to a point which is 200 feet easterly from and perpendicular to the east line of Windsor Drive; Running thence south parallel to and 200 feet easterly from the east line of Windsor Drive, 2,400 feet, more or less, to the south line of Land Lot 194 of said District and Section; Running thence west along the south line of the said Land Lot 194, 600 feet, more or less, to the northeast corner of the property of the City of Calhoun, as described in Deedbook 10, Page 492 of the Gordon County Records; Running thence south along the east line of the said City of Calhoun property, 560 feet, more or less, to a point; Running thence west along the south line of the said City of Calhoun property, 210 feet, more or less, to the east line of a 30 foot road, as described in said deed to the City of Calhoun; Running thence southerly along the east line of said 30 foot road, 415 feet, more or less, to the north line of Dews Pond Road; Running thence westerly along the north line of Dews Pond Road, 185 feet, more or less, to the southwest corner

Page 3000

of the James M. Smith, Jr. property, as described in Deedbook 22, Page 372 of the Gordon County Records; Running thence northerly along the west line of the said James M. Smith, Jr. property, 440 feet, more or less, to the south line of the aforesaid City of Calhoun property; Running thence west along the south line of the said City of Calhoun property, 30 feet, more or less, to a point; Running thence north along the west line of the City of Calhoun property, 560 feet, more or less, to the north line of Land Lot 203 of said District and Section; Running thence east along the north line of said Land Lot 203, 115 feet, more or less, to the southwest corner of Devonwood Subdivision, as shown in Platbook 4, Page 151 of the Gordon County Records; Running thence north along the west line of Devonwood Subdivision, 2,370 feet, more or less, to the southeast corner of the property of Genelle Van Buskirk, as described in Deedbook 65, Page 162 of the Gordon County Records; Running thence westerly along the southerly line of the Buskirk property and continuing along the southerly line of the Mrs. M. H. Watts property, as described in Deedbook 65, Page 163 of the Gordon County Records, 500 feet, more or less, to a point on the east line of Barrett Road; Running thence south along the east line of Barrett Road, 2,370 feet, more or less, to the south line of Land Lot 194 of said District and Section; Running thence west along the south line of Land Lots 194 and 193 and along the south line of the Hunt Subdivision, as shown on Platbook 3, Page 35, of the Gordon County Records, 1,500 feet, more or less, to a point which is an extension of the east line of College Heights Subdivision, as shown in Platbook 1, Page 15, of the Gordon County Records;

Page 3001

Running thence south along an extension of the east line of College Heights Subdivision and continuing along the east line of the College Heights Subdivision and an extension thereof, 1,040 feet, more or less, to a point on the south line of Dews Pond Road; Running thence westerly along the south line of Dews Pond Road, 80 feet, more or less, to the northeast corner of the Mrs. W. D. Putnam property, as shown in Platbook 2, Page 171 of the Gordon County Records; Running thence southerly along the easterly line of Putnam property, 893 feet, more or less, to a point; Running thence west along the south line of said Putnam property, 494 feet, more or less, to the east line of the Valley View Subdivision, as shown in Platbook 2, Page 236 of the Gordon County Records; Running thence south along the east line of Valley View Subdivision, 755 feet, more or less, to the north line of Woodland Hills Subdivision, as shown in Platbook 3, Page 196 of the Gordon County Records; Running thence east along the north line of Woodland Hills Subdivision, 484 feet, more or less, to a point; Running thence southwesterly along the easterly line of Woodland Hills Subdivision, 1,745 feet, more or less, to a point; Running thence west along the south line of Woodland Hills Subdivision, 630 feet, more or less, to a point on the west line of Land Lot 229 of said District and Section; Running thence south along the west line of Land Lot 229, 220 feet, more or less, to a point on the north line of Plat 2 Woodland Hills Subdivision, as shown on Platbook 4, Page 182 of the Gordon County Records; Running thence east along the north line of Plat 2 Woodland Hills Subdivision, 332.5 feet, more or less, to a point;

Page 3002

Running thence southerly and southwesterly along the easterly line of Plat 2 Woodland Hills Subdivision, 915 feet, more or less, to a point; Running thence west along the south line of Plat 2 Woodland Hills Subdivision and along the south line of Woodland Circle, 560 feet, more or less, to a point on the east line of Cherry Hill Drive; Running thence southerly along the east line of Cherry Hill Drive, 340 feet, more or less, to the north line of Peters Street; Running thence easterly along the north line of Peters Street, 890 feet, more or less, to the southwest corner of the W. A. and Catherine Blount property, as described in Deedbook 83, Page 135 of the Gordon County Records; Running thence northerly along the west line of the Blount property, 200 feet, more or less, to a point; Running thence east along the north line of the Blount property, 160 feet, more or less, to a point; Running thence southerly along the easterly line of the Blount property, 200 feet, more or less, to a point on the north line of Peters Street; Running thence easterly and southerly along the north line of Peters Street, 300 feet, more or less, to a point in the center of Reeves Branch; Running thence southwesterly along the center of Reeves Branch, 40 feet, more or less, to the south line of Peters Street; Running thence northwesterly and westerly along the south line of Peters Street, 362 feet, more or less, to the northeast corner of the property of T. N. Curtis, as described in Deedbook 33, page 259 of the Gordon County Records;

Page 3003

Running thence south along the east line of the Curtis property, 115 feet, more or less, to a point; Running thence west along the south line of the Curtis property, 50 feets, more or less, to a point; Running thence north along the west line of the Curtis property, 125 feet, more or less, to a point on the south line of Peters Street; Running thence westerly along the south line of Peters Street, 100 feet, more or less, to the northeast corner of other property of T. N. Curtis, as described in Deedbook 33, Page 259 and Deedbook 54, Page 186 of the Gordon County Records; Running thence south along the east line of the Curtis property, 125 feet, more or less, to a point; Running thence west along the south line of the Curtis property, 110 feet, more or less, to a point; Running thence north along the west line of the Curtis property, 125 feet, more or less, to the south line of Peters Street; Running thence westerly along the south line of Peters Street, 665 feet, more or less, to the northeast corner of the property of Mrs. N. A. Carter, as described in Deedbook 49, Page 79, of the Gordon County Records; Running thence southerly along the east line of the Carter property, and along the east line of the property of the Oothcalooga Realty Investment Corporation, as described in Deedbook 78, Page 380, of the Gordon County Records, 330 feet, more or less, to a point; Running thence east along the north line of other property of the Oothcalooga Realty Investment Corporation, as described in Deedbook 81, Page 274 of the Gordon County Records, 170 feet, more or less, to a point;

Page 3004

Running thence southeasterly along the northeasterly line of the Oothcalooga Realty property, 90 feet, more or less, to a point; Running thence southwesterly along the southerly line of the Oothcalooga Realty property, 200 feet, more or less, to a point on the southwesterly line of a 20 foot alley; Running thence southwesterly along the southeasterly line of the property of the Oothcalooga Realty Company and an extension thereof, 280 feet, more or less, to a point on the southwesterly line of U. S. Highway 41 (South Wall Street); Running thence northwesterly along the southwesterly line of U. S. Highway 41, 20 feet, more or less, to the southeast corner of the property of Ted H. Allred, Jr., as described in Deedbook 82, Page 281 of the Gordon County Records; Running thence southwesterly along the southeasterly line of the Allred property, 250 feet, more or less, to a point; Running thence northwesterly along the southwesterly line of the Allred property and an extension thereof, 110 feet, more or less, to the southeast corner of the Alva Adcox property, as described in Deedbook 77, Page 162 of the Gordon County Records; Running thence southwesterly along the southeasterly line of the Adcox property, 220 feet, more or less, to the northeasterly line of Florence Avenue; Running thence northwesterly along the northeasterly line of Florence Avenue, 100 feet, more or less, to a point; Running thence northeasterly along the northwesterly line of the said Adcox property, 220 feet, more or less, to a point on the southwest line of the property of Virginia Hollingsworth, as described in Deedbook 43, Page 273 and Deedbook 49, Page 347;

Page 3005

Running thence northwesterly along the southwesterly line of the Hollingsworth property, 190 feet, more or less, to a point; Running thence northeasterly along the northwest line of the Hollingsworth property, 250 feet, more or less, to a point on the southwest line of U. S. Highway 41; Running thence northwest along the southwesterly line of U. S. Highway 41, 80 feet, more or less, to the property formerly owned by Sandra Worthington, as described in Deedbook 51, Page 462, of the Gordon County Records; Running thence southwesterly along the southeasterly line of the Worthington property, 250 feet, more or less, to a point; Running thence northwesterly along the southwesterly line of the Worthington property, 53 feet, more or less, to the southeast corner of the property of Oothcalooga Realty Investment Corporation, as described in Deedbook 41, Page 386 of the Gordon County Records; Running thence southwesterly along the southeasterly line of the Oothcalooga Realty property, 210 feet, more or less, to a point on the northeasterly line of Florence Avenue; Running thence southeasterly along the northeasterly line of Florence Avenue, 237 feet, more or less, to a point; Running thence southwesterly across Florence Avenue on an extension of and along the southwesterly line of Lots 11 and 7 of the Robinson Subdivision, as shown in Platbook 3, Page 84 of the Gordon County Records, 480 feet, more or less, to a point on the southwest side of Louise Avenue; Running thence northwesterly along the southwesterly line of Louise Avenue, 174 feet, more or less, to the southeast corner of the Ira Shirley property, as described in Deedbook 73, Page 243 of the Gordon County Records;

Page 3006

Running thence southwesterly along the southeasterly line of the Shirley property, 200 feet, more or less, to a point; Running thence northwesterly along the southwesterly line of Shirley property, 90 feet, more or less, to the southeast corner of the Ben Morrow property, as described in Deedbook 76, Page 425 of the Gordon County Records; Running thence southwesterly along the southeasterly line of the Morrow property, and along the southeast line of the Marvin Ray and Yvonne Elrod property, as described in Deedbook 63, Page 238 of the Gordon County Records; 180 feet, more or less, to the northeast line of Cherry Street; Running thence southeasterly along the northeasterly line of Cherry Street, 20 feet, more or less, to a point; Running thence southwesterly across Cherry Street along an extension of and along the southeasterly line of the property of Jessie Clark, as described in Deedbook 61, Page 25 of the Gordon County Records, 235 feet, more or less, to the northeasterly line of the property of J. W. Ralston, as described in Deedbook 64, Page 28 of the Gordon County Records; Running thence southeasterly along the northeasterly line of the Ralston property, 305 feet, more or less, to a point; Running thence west along the south line of the Ralston property, 285 feet, more or less, to the east right-of-way of the L N Railroad; Running thence south along the east right-of-way of the L N Railroad, 200 feet, more or less, to the northwest corner of the property of T. B. Lance and R. M. Dobbs, as shown in Platbook 4, Page 246 of the Gordon County Records; Running thence east along the north line of the Lance and Dobbs property, 100 feet, more or less, to the southwest

Page 3007

corner of the Jack Fain property, as described in Deedbook 53, Page 470 of the Gordon County Records; Running thence north along the west line of the Fain property, 120 feet, more or less, to a point; Running thence, east along the north line of the Fain property, 200 feet, more or less, to the southwest corner of the James Hammontree property, as described in Deedbook 53, Page 233 of the Gordon County Records; Running thence northwesterly along the westerly line of the Hammontree property, 60 feet, more or less, to a point; Running thence northeasterly along the northwesterly line of the Hammontree property and an extension thereof, across Cherry Street and along the northwesterly line of the Wesley Hudgins property, as described in Deedbook 63, Page 15 of the Gordon County Records, 365 feet, more or less, to a point; Running thence southeasterly along the easterly line of the Hudgins property, 150 feet, more or less, to a point on the north line of Dan Cherri Drive; Running thence south across and perpendicular to Dan Cherri Drive, 40 feet, more or less, to a point on the south line of Dan Cherri Drive; Running thence west along the south line of Dan Cherri Drive, 350 feet, more or less, to the east line of the aforesaid property of Jack Fain; Running thence south along the east line of the Fain property, 80 feet, more or less, to the north line of the aforesaid T. B. Lance and R. M. Dobbs property; Running thence east along the north line of the Lance and Dobbs property, 380 feet, more or less, to a point;

Page 3008

Running thence southeasterly along the northeasterly line of the Lance and Dobbs property, 302 feet, more or less, to the northwest corner of the property of Calhoun Investors, Incorporated, as shown on Platbook 4, Page 246 of the Gordon County Records; Running thence easterly along the north line of the Calhoun Investors property, 200 feet, more or less, to the southeast corner of the F. M. McAfee property as described in Deedbook 38, Page 235 and Deedbook 49, Page 93 of the Gordon County Records; Running thence northwesterly along the easterly line of the McAfee property, 422 feet, more or less, to a point on the southeasterly line of Dan Cherri Drive; Running thence northeasterly along the southeasterly line of Dan Cherri Drive, 112 feet, more or less, to the northeast corner of the C. H. Dellinger property, as described in Deedbook 22, Page 354 of the Gordon County Records; Running thence southeasterly along the northeasterly line of the Dellinger property, 325 feet, more or less, to the northwest corner of the Howard Robinson property, as described in Deedbook 13, Page 180 and Deedbook 74, Page 429 of the Gordon County Records; Running thence northeasterly along the northwesterly line of the Robinson property, 220 feet, more or less, to a point; Running thence northwesterly along the westerly line of the Robinson property, 120 feet, more or less, to a point; Running thence northeasterly along the northwesterly line of the Robinson property, 225 feet, more or less, to a point on the southwesterly line of the W. D. Hall property, as described in Deedbook 28, Page 257 and Deedbook 37, Page 166 of the Gordon County Records; Running thence northwesterly along the southwesterly line of the Hall property, 200 feet, more or less, to the southeasterly line of Dan Cherri Drive;

Page 3009

Running thence northeasterly along the southeasterly line of Dan Cherri Drive, 375 feet, more or less, to a point; Running thence southeasterly along the northeasterly line of the aforesaid W. D. Hall property, 200 feet, more or less, to a point; Running thence southwesterly along the southeasterly line of the Hall property, 385 feet, more or less, to the northeasterly line of the aforesaid Howard Robinson property. Running thence southeasterly along the northeasterly line of the Robinson property, 80 feet, more or less, to the northwest corner of the Henry Holland property, as described in Deedbook 11, Page 573 and Deedbook 18, Page 241 of the Gordon County Records; Running thence northeasterly along the northerly line of the Holland property, 203 feet, more or less, to a point; Running thence southeasterly along the northeasterly line of the Holland property, 500 feet, more or less, to the northwesterly line of May Street; Running thence southwesterly along the northwesterly line of May Street, 350 feet, more or less, to a southwest corner of the aforesaid Howard Robinson property; Running thence northwesterly along the southwesterly line of the Robinson property, 200 feet, more or less, to a point; Running thence southwesterly along the southeasterly line of the Robinson property, 400 feet, more or less, to a point on the easterly line of the property of Calhoun Investors, Inc., as shown on Platbook 4, Page 246 of the Gordon County Records; Running thence southerly along the easterly line of the Calhoun Investors property, 220 feet, more or less, to a point;

Page 3010

Running thence east along the north line of the Calhoun Investors property, 450 feet, more or less, to the southwest corner of the Harold Parks property, as described in Deedbook 85, Page 61 of the Gordon County Records; Running thence northwesterly along the southwesterly line of the Parks property, 183 feet, more or less, to the southeasterly line of May Street; Running thence northeasterly along the southeasterly line of May Street, 110 feet, more or less, to a point; Running thence southeasterly along the northeasterly line of the Parks property, 183 feet, more or less, to a point; Running thence southwesterly along the southerly line of the Parks property, 44 feet, more or less, to a point; Running thence southeasterly along the easterly line of the Parks property, 62 feet, more or less, to a point on the north line of the aforesaid Calhoun Investors property; Running thence east along the north line of the Calhoun Investors property, 420 feet, more or less, to a point; Running thence south along the east line of the Calhoun Investors property, 255 feet, more or less, to the north line of Mason Drive; Running thence east along the north line of Mason Drive, 60 feet, more or less, to a point; Running thence south across Mason Drive on an extension of and along the east line of Lot 7 of the Mason Subdivision, Revised, as shown on Platbook 4, Page 97 of the Gordon County Records, 130 feet, more or less, to the northwest corner of Lot 1 of said Subdivision;

Page 3011

Running thence east along the north line of Lot 1 and an extension thereof, 160 feet, more or less, to a point on the east line of Edwards Street; Running thence south along the east line of Edwards Street, 280 feet, more or less, to a point; Running thence west across Edwards Street on an extension of and along the south line of Lot 2 of the said Mason Subdivision, Revised, 230 feet, more or less, to the northeast corner of Lot 10 of said Subdivision; Running thence south along the east line of Lots 10, 11 and an extension thereof across Pine Street, and along the east line of Lot 12 of said Subdivision, 490 feet, more or less, to the southeast corner of Lot 12; Running thence northwesterly along the southwesterly line of Lots 12 and 13 of said Subdivision, 295 feet, more or less, to the southwest corner of said Lot 13; Running thence northeasterly along the northwesterly line of Lot 13, 174 feet, more or less, to the southwesterly line of Pine Street; Running thence northwesterly along the southwesterly line of Pine Street, 75 feet, more or less, to the southeast corner of Lot 15 of said Subdivision; Running thence southwesterly along the southerly line of Lot 15, 196 feet, more or less, to the southwest corner of Lot 15 at a point on the east side of Pine Street; Running thence south along the east line of Pine Street, 125 feet to a point; Running thence west across Pine Street along an extension of and along the south line of the property of Calhoun Investors, Inc., as described in Deedbook 78, Page 359 of the Gordon County Records, 190 feet, more or less to a point;

Page 3012

Thence running north along the line of the Calhoun Investors property, 50 feet to a point; Thence running west along the south line of Calhoun Investors property, 150 feet to a point on the east side of State Street; Running thence south along the east line of State Street, 111 feet, more or less, to the north line of Belmont Drive (Georgia Highway 53); Running thence southeasterly along the north line of Belmont Drive, 1,700 feet, more or less, to the west line of Short Street (Church Street); Running thence north and northwest along the west line of Short Street, 370 feet, more or less, to the southeast corner of the property of James C. Boyd, as described in Deedbook 51, page 135 of the Gordon County Records; Running thence west along the south line of the Boyd property, 90 feet, more or less, to a point; Running thence north along the west line of the Boyd property, 150 feet, more or less, to a point on the south line of West Drive; Running thence east along the south line of West Drive, 290 feet, more or less, to the northeast corner of the property of Belmont Baptist Church, Inc., as described in Deedbook 33, page 281, Deedbook 37, Page 487 and Deedbook 78, Page 541 of the Gordon County Records; Running thence southeasterly along the easterly line of the Belmont Church property, 108 feet, more or less, to a point; Running thence east along the north line of the Belmont Church property, 175 feet, more or less, to a point; Running thence southwesterly along the southeasterly line of Belmont Church property, 480 feet, more or less, to the north line of Belmont Drive;

Page 3013

Running thence southeasterly along the northeasterly line of Belmont Drive, 400 feet, more or less to a point; Running thence southeasterly across Belmont Drive on an extension of and along the east line of the property of Mrs. Hugh Amos, as described in Deedbook 33, Page 549 of the Gordon County Records, 485 feet, more or less, to a point; Running thence west along the south line of the property of Mrs. Amos, 2,290 feet, more or less, to a point; Running thence southwesterly along the southeasterly line of the property of Mrs. Amos, 430 feet, more or less, to a point which is 200 feet easterly from and perpendicular to the east right-of-way of the L N Railroad; Running thence southeasterly parallel to and 200 feet easterly from the east right-of-way of the L N Railroad, 30 feet, more or less, to the north line of the property of J. D. Meadows, Jr., as described in Deedbook 81, Page 92 of the Gordon County Records; Running thence east along the north line of the Meadows property, 3,500 feet, more or less, to a point; Running thence south along the east line of the Meadows property, 470 feet, more or less, to a point; Running thence east along the north line of the Meadows property, 600 feet, more or less, to the west line of U. S. Highway 41; Running thence north along the west line of U. S. Highway 41, 100 feet, more or less, to a point; Running thence east across U. S. Highway 41 on an extension of and along the north line of the property of Frank J. and Elizabeth Gillespie, as described in Deedbook 33, Page 406 of the Gordon County Records, 480 feet, more or less, to a point;

Page 3014

Running thence south along the east line of the Gillespie property, and along the east line of the property of Robert L. Herndon, as described in Deedbook 80, Page 217 of the Gordon County Records, 285 feet, more or less, to a point; Running thence west along the south line of the Herndon property, 300 feet, more or less, to the east line of U. S. Highway 41; Running thence south along the east line of U. S. Highway 41, 300 feet, more or less, to the northwest corner of the property of E. W. Duffey, as described in Deedbook 74, Page 48, of the Gordon County Records; Running thence east along the north line of the Duffey property, 300 feet, more or less, to a point; Running thence south along the east line of the Duffey property, 116 feet, more or less, to the north line of other property of E. W. Duffey, as described in Deedbook 72, Page 360 of the Gordon County Records; Running thence east along the north line of said Duffey property, 88 feet, more or less, to a point; Running thence south along the east line of the said Duffey property and along the east line of the property of Mr. and Mrs. F. D. Duffey, as described in Deedbook 72, Page 361 of the Gordon County Records, 464 feet, more or less, to a point on the north line of the Belwood Subdivision, as shown on Platbook 1, Page 183 of the Gordon County Records; Running thence east along the north line of Belwood Subdivision, 67 feet, more or less, to the northeast corner of Lot 54 of said Subdivision; Running thence south along the east line of Lot 54,300 feet, more or less, to the southeast corner of Lot 54; Running thence west along the south line of Lots 54, 53, 52, 51, 50 and 49 and an extension thereof across U. S. Highway 41, 630 feet, more or less, to a point;

Page 3015

Running thence north along the west line of U. S. Highway 41, 400 feet, more or less, to the southeast corner of the property of CNB Investments, Inc., as shown on Platbook 4, Page 287 of the Gordon County Records; Running thence westerly along the southerly line of the CNB property, 931 feet, more or less, to a point; Running thence southwesterly along the easterly line of the CNB property, 1,896 feet, more or less, to the south line of Land Lot 276 of said District and Section; Running thence west along the south line of Land Lots 276 and 277, 1,325 feet, more or less, to a point in the center of Oothcalooga Creek; Running thence in a generally northerly direction, following the center of Oothcalooga Creek, 5,000 feet, more or less, to a point where the center line of Oothcalooga Creek intersects the east right-of-way of the L N Railroad; Running thence northwesterly along the east right-of-way of the L N Railroad, 2,300 feet, more or less, to a point in the center of Higdon Branch; Running thence in a generally westerly direction following the center of the Higdon Branch, 1,200 feet, more or less, to a point where the center of Higdon Branch intersects the center of Oothcalooga Creek; Running thence in a generally northerly direction along the center of Oothcalooga Creek, 5,000 feet, more or less, to a point where the northwesterly line of the property of Oothcalooga Industrial Development, Inc., as described in Deedbook 58, Page 343, intersects the center line of said Creek; Running thence easterly along the northeasterly line of said Oothcalooga Development, 365 feet, more or less, to a point;

Page 3016

Running thence northerly along the westerly line of Oothcalooga Development, Inc., 1,545 feet, more or less, to a concrete monument on the Original City Limits Line of the City of Calhoun; Running thence N 62 19[UNK] W along the Original City Limits Line of the City of Calhoun, 1,000 feet, more or less, to a concrete monument on the southeasterly line of Pine Street, which point is 765 feet northeasterly from the northerly line of Edmond Street, as measured along the southeasterly line of Pine Street; Thence running southwesterly along the southeasterly line of Pine Street, 820 feet, more or less, to the southwesterly line of Edmond Street; Running thence southeasterly along the southwesterly line of Edmond Street, 444 feet, more or less, to the southeast corner of the property of Dr. Bill Purcell, Dr. Charles Richards and Dr. William Thompson, as described in Deedbook 51, Page 555 of the Gordon County Records; Running thence southwesterly along the southeasterly line of the Purcell, et al, property, 915 feet, more or less, to a point in the center of Oothcalooga Creek; Running thence in a generally northwesterly direction along the center of Oothcalooga Creek, 2,700 feet, more or less, to a point where the north line of Land Lot 226 of said District and Section intersects the center of Oothcalooga Creek; Running thence east along the north line of Land Lot 226, 1,315 feet, more or less, to the west line of Crest Drive; Running thence northerly along the west line of Crest Drive, and an extension thereof, 1,060 feet, more or less, to a point, said extension of Crest Drive being along the east line of the property of Raymond H. Bagwell, as shown in Platbook 2, Page 79 of the Gordon County Records; Running thence northeasterly along the southerly line of the Bagwell property, 470 feet, more or less, to the

Page 3017

southwest corner of the Lang and Moore Subdivision, as shown on Platbook 2, Page 27 of the Gordon County Records; Running thence east along the south line of the Lang and Moore Subdivision, 364 feet, more or less, to a point on the west line of Harris Street; Running thence north along the west line of Harris Street, 360 feet, more or less, to the southeast corner of Lot 19 of said Subdivision; Running thence west along the south line of Lot 19, 150 feet, more or less, to the southwest corner of Lot 19; Running thence north along the west line of Lot 19, 50 feet, more or less, to the northwest corner of Lot 19; Running thence east along the north line of Lot 19, 150 feet, more or less, to the west line of Harris Street; Running thence north along the west line of Harris Street, 100 feet, more or less, to the southeast corner of Lot 22 of said Subdivision; Running thence west along the south line of Lot 22, 150 feet to the southwest corner of Lot 22; Running thence north along the west line of Lot 22, an extension thereof, across Court Street and along the west line of Lots 23, 24, 25 and 26 of the said Lang and Moore Subdivision to the southeast corner of Lot 70 of said Subdivision; Running thence west along the south line of Lot 70, 150 feet, to the east line of Yarborough Street; Running thence north along the east line of Yarborough Street, 200 feet, more or less, to the northwest corner of Lot 67 of said Lang and Moore Subdivision;

Page 3018

Running thence east along the north line of Lot 67, 120 feet, more or less, to the southeast corner of Lot 12 of the Mrs. T. C. Lowry Subdivision, as shown on Platbook 1, Page 39 of the Gordon County Records; Running thence north along the east line of Lot 12 and an extension thereof, 540 feet, more or less, to the north line of West Line Street (Georgia Highway 156); Running thence east along the north line of West Line Street, 550 feet, more or less, to the southwest corner of the Riverview Park Subdivision as shown on Platbook 1, Page 127 of the Gordon County Records; Running thence north along the west line of said Riverview Park Subdivision and an extension thereof, 1,400 feet, more or less, to a point in the center of the Oostanaula River; Running thence easterly along the center of the Oostanaula River, 950 feet, more or less to a point where the west line of North River Street (Georgia Highway 143) intersects the center of the Oostanaula River; Running thence northwesterly along the westerly line of North River Street, 1,300 feet, more or less, to the north line of Land Lot 191 of said District and Section; Running thence east along the north line of Land Lot 191, 1,300 feet, more or less, to a point in the center of the Oostanaula River; Running thence southwesterly along the center of the Oostanaula River to a point where the east line of North River Street intersects the center of the Oostanaula River; Running thence northeasterly in a straight line, 2,900 feet, more or less, to a point on a projection of the northerly line of Nelson Street, at a point which is 443.3 feet westerly from the center line of North Wall Street;

Page 3019

Running thence southeasterly along a projection of the northerly line of Nelson Street, 235 feet, more or less, to a point on the southeasterly right-of-way of a spur track leading from the L N Railroad to the Echota Mills; Running thence northeasterly along the southeasterly right-of-way of the said spur track, 190 feet, more or less, to the northwest corner of the Mary Will Stephens property, as described in Deedbook 37, Page 225 of the Gordon County Records; Running thence southeasterly along the north line of the Stephens property, 134 feet, more or less, to the northwesterly line of North Wall Street (U. S. Highway 41); Running thence northeast along the northwest line of North Wall Street, 600 feet, more or less, to the southeast corner of the J. C. Kay property, as described in Deedbook 24, Page 336 of the Gordon County Records; Running thence northwesterly along the southwesterly line of the Kay property, 200 feet, more or less, to the east right-of-way of the L N Railroad; Running thence northerly along the easterly right-of-way of the L N Railroad, 600 feet, more or less, to the south line of Mauldin Street; Running thence westerly along the southerly line of Mauldin Street, 100 feet, more or less, to a point; Running thence northerly parallel to and 30 feet westerly from the west right-of-way of the L N Railroad, 690 feet, more or less, to the south line of the property of Janes S. Owens, as shown on Platbook 4, Page 241 of the Gordon County Records; Running thence westerly along the south line of the Owens property, 630 feet, more or less, to a point; Running thence northeasterly along the westerly line of

Page 3020

the Owens property, 862 feet, more or less, to the north line of Land Lot 169 of said District and Section; Running thence east along the north line of Land Lot 169, 815 feet, more or less, to the easterly right-of-way of the L N Railroad; Running thence northeasterly along the easterly right-of-way of the L N Railroad, 235 feet, more or less, to the south line of Henderson Bend Road; Running thence southeasterly along the southerly line of Henderson Bend Road, 214 feet, more or less, to the west line of Thomas Street; Running thence southwesterly along the west line of Thomas Street, 1,262 feet, more or less, to a projection of the north line of Beasley Street. Running thence southeasterly on a projection of and along the northerly line of Beasley Street, 230 feet, more or less, to the southwest corner of the property of Billy R. Cochran, as described in Deedbook 67, Page 279 of the Gordon County Records; Running thence northeasterly along the westerly line of the Cochran property, 141 feet, more or less, to a point; Running thence southeasterly along the northerly line of Cochran property, 160 feet, more or less, to the northwesterly line of North Wall Street; Running thence northeasterly along the northwesterly line of North Wall Street, 244 feet, more or less, to the southeast corner of Lot 360 of the Northside subdivision, as shown on Platbook 1, Page 95 of the Gordon County Records; Running thence northwesterly along the southerly line of Lot 360, 202 feet, more or less, to a point; Running thence northeasterly along the westerly line of

Page 3021

Lots 360, 359, 358, 357, 356, 355, 354, 353 and 352, 225 feet, more or less, to a point; Running thence southeasterly along the northerly line of Lot 352, 240 feet, more or less, to the northwesterly line of North Wall Street; Running thence northeasterly along the northwesterly line of North Wall Street, 485 feet, more or less, to the southeast corner of the property of C. R. and Nancy Pendley, as described in Deedbook 13, Page 161 of the Gordon County Records; Running thence northwesterly along the southerly line of the Pendley property, 208 feet, more or less, to a point; Running thence northeasterly along the westerly line of the Pendley property, 70 feet, more or less, to a point; Running thence southeasterly along the northerly line of the Pendley property, 58 feet, more or less, to the southwest corner of the B. D. Pendley property, as described in Deedbook 46, Page 170 of the Gordon County Records; Running thence northeasterly along the westerly line of the Pendley property, 134 feet, more or less, to the southerly line of Henderson Bend Road; Running thence southeasterly along the southerly line of Henderson Bend Road, 160 feet, more or less, to the northwesterly line of North Wall Street; Running thence northeasterly along the northwesterly line of North Wall Street, 1,055 feet, more or less, to the southeast corner of Lot 199 of the aforesaid Northside Subdivision; Running thence northwesterly along the southerly line of Lot 199, 200 feet, more or less, to a point; Running thence northeasterly along the westerly line of Lots 199, 198, 197, 196, 195, 194, 193, 192, 191, 190, 189, 188 and 187, 352 feet, more or less, to a point;

Page 3022

Running thence southeasterly along the north line of Lot 187, 200 feet, more or less, to the northwesterly line of North Wall Street; Running thence northeasterly along the northwesterly line of North Wall Street, 570 feet, more or less, to a point which is the center of Ross Street; Running thence S 69 20[UNK] E, along the northerly line of the Echota Mills property, 697 feet, to a point; Running thence S 71 19[UNK] E, along the northerly line of the Echota Mills property, 929.8 feet to a point on the east line of Land Lot 157 of said District and Section; Running thence south along the east line of Land Lots 157, 168 and 193, 3,905 feet, more or less, to a point on the northerly line of Red Bud Road (Georgia Highway 156) at the point of beginning. EXCEPTIONS There is excepted from the above described City Limits, the following lands: EXCEPTION 1 Beginning at the point formed by the intersection of the north line of Red Bud Road and the northwesterly line of Newton Road, said beginning point being the southeasterly corner of the property of Mrs. Della Warren, as described in Deedbook 51, Page 194 of the Gordon County Records. From said beginning point running northwesterly along the northeasterly line of the Warren property, 525 feet, more or less, to a point on the southerly line of the Echota Mills property; Running thence northeasterly along the southerly line of Echota Mills property, 147 feet, more or less, to a point;

Page 3023

Running thence easterly along the southerly line of the Echota Mills property, 144 feet, more or less, to the northeast corner of Lot 1 of the Billy Cochran Property, as shown on Platbook 4, Page 105 of the Gordon County Records; Running thence southeasterly along the east line of Lot 1, 118 feet, more or less, to a point at the southeast corner of Lot 1; Running thence southeasterly along the easterly line of Lot 3, 181 feet, more or less, to the northwesterly line of Newton Road; Running thence southwesterly along the northwesterly line of Newton Road, 199 feet, more or less, to the north line of Red Bud Road and the point of beginning. EXCEPTION 2 Beginning at a point on the east line of Victory Drive, at the southwest corner of the property of Mrs. Flora Shivers, as described in Deedbook 26, Page 312 of the Gordon County Records. From said beginning point, running northerly along the east line of Victory Drive, 100 feet, more or less, to a point; Running thence east along the north line of the Shivers property, 50 feet, more or less, to the southwest corner of the property of the estate of Mrs. Anna V. Wise, as described in Deedbook 12, Page 468 of the Gordon County Records; Running thence north along the west line of the property of Wise, 2,000 feet, more or less, to a point on the south line of Hill Crest Drive; Running thence east along the south line of Hill Crest Drive, 350 feet, more or less, to a point; Running thence south along the east line of the Wise property and along the east line of the aforementioned

Page 3024

Shivers property, 2,100 feet, more or less, to the southeast corner of the Shivers property; Running thence west along the south line of the Shivers property, 400 feet, more or less, to the east line of Victory Drive and the point of beginning. EXCEPTION 3 Beginning at a point formed by the intersection of the southwest line of South Wall Street, with the northwest line of Richards Street, from said beginning point; Running thence southwesterly along the northwesterly line of Richards Street, 900 feet, more or less, to the northeasterly line of Louise Avenue; Running thence northwesterly along the northeasterly line of Louise Avenue, 840 feet, more or less, to the north line of Land Lot 241 of the said District and Section, said north line of Land Lot 241 being the south line of South Park Subdivision, as shown in Deedbook 12, Page 708; Running thence east along the south line of South Park Subdivision and the north line of Land Lot 241, 1,040 feet, more or less, to the southwesterly line of South Wall Street; Running thence southeasterly along the southwesterly line of South Wall Street, 300 feet, more or less, to the northwesterly line of Richards Street and the point of beginning. EXCEPTION 4 Beginning at a point formed by the intersection of the north line of Belmont Drive (Georgia Highway 53) with the westerly line of May Street; From said beginning point running northeasterly along the northwesterly line of May Street, 800 feet, more or less, to a point which is an extension of the north line of Mason Drive;

Page 3025

Running thence east along an extension of and along the north line of Mason Drive, 350 feet, more or less, to a point; Running thence south on an extension of and along the west line of State Street, 265 feet, more or less, to the northeast corner of Lot 82 of the Mason Subdivision, as shown on Platbook 2, Page 33 of the Gordon County Records; Running thence west along the north line of Lot 82, 150 feet, more or less, to a point; Running thence south along the west line of Lots 82, 81, 80, 79, 78, 77, 76, 75, 74, 73, 72, 71, 70, 69, and 63 of the Mason Subdivision, 465 feet, more or less to the north line of Belmont Drive; Running thence southwesterly across Belmont Drive, 120 feet, more or less, to the northwest corner of the property of John Leon Reese, Jr., as described in Deedbook 38, Page 195 of the Gordon County Records; Running thence south along the west line of the Reese property and the west line of the property of Mrs. Hugh Amos, as described in Deedbook 33, Page 549 of the Gordon County Records, 725 feet, more or less, to a point; Running thence west along the north line of the Amos property, 200 feet, more or less, to a point; Running thence southwesterly along the northwesterly line of the Amos property, 300 feet, more or less, to a point which is 200 feet easterly from and perpendicular to the east right-of-way of the L N Railroad; Running thence northwesterly parallel to and 200 feet perpendicular from, the east right-of-way of the L N Railroad, 1,100 feet, more or less, to a point on the northerly line of Belmont Drive; Running thence northeasterly along the northerly line of

Page 3026

Belmont Drive, 180 feet, more or less, to the westerly line of May Street, and the point of beginning. EXCEPTION 5 Beginning at a point on the west line of U. S. Highway 41 in Land Lot 276 of the 14th District, 3rd Section of Gordon County, Georgia, at the southeast corner of the property of Travis C. Owens, as described in Deedbook 49, Page 196 and Deedbook 49, Page 203 of the Gordon County Records, and from said beginning point; Running thence east along the south line of the property of Owens, 380 feet, more or less, to a point; Running thence south along the line of Owens Property, 153 feet, more or less, to a point; Running thence west along the line of Owens Property, 368 feet, more or less, to a point; Running thence northeasterly along the line of the Owens Property, 186 feet, more or less, to a point; Running thence northeasterly along the line of the Owens Property, 106 feet, more or less, to a point; Running thence north along the line of the Owens Property, 58 feet, more or less, to a point; Running thence east along the line of the Owens Property, 160 feet, more or less, to a point; Running thence southeasterly along the line of the Owens Property, 80 feet, more or less, to a point; Running thence east along the line of the Owens Property, 320 feet, more or less, to a point on the west line of U. S. Highway 41; Running thence south along the west line of U. S. Highway

Page 3027

41, 20 feet to the southeast corner of the Owens Property and the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to redefine the corporate limits of the City of Calhoun, Georgia; and for other purposes. Tom L. Shanahan Representative, 8th District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom L. Shanahan who, on oath, deposes and says that he is Representative from the 8th District, and that the attached copy of notice of intention to introduce local legislation was published in The Calhoun Times which is the official organ of Gordon County, on the following dates: January 15, 22, 29, 1969. /s/ Tom L. Shanahan Representative, 8th District Sworn to and subscribed before me, this 13th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 18, 1969.

Page 3028

CLARKE COUNTY BOARD OF EDUCATIONMEMBERS, ETC., REFERENDUM. No. 354 (House Bill No. 968). An Act to amend an Act providing for the merger of the independent school system of the mayor and council of the City of Athens and the existing school district in the County of Clarke, approved March 7, 1955 (Ga. L. 1955, p. 3057), as amended, so as to provide for a new Clarke County Board of Education; to provide for board posts; to provide for the election of the members of said board by the voters of Clarke County; to provide for nonpartisan elections; to provide for qualifications; to provide for filling vacancies; to provide for removal from office; to provide for certain duties; to provide for a quorum; to provide for compensation; to provide for open meetings of the board; to provide for the election of a president of the board; to provide a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the merger of the independent school system of the mayor and council of the City of Athens and the existing school district in the County of Clarke, approved March 7, 1955 (Ga. L. 1955, p. 3057), as amended, is hereby amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5, to read as follows: Section 5. (a) The administration of said school district shall be vested in a board to be known as Clark County Board of Education,' hereinafter referred to as the `board of education' or the `board'. The board shall be composed of eleven members, including the officers, to be elected as hereinafter provided. All of the members of the board shall be elected by a majority of the registered and qualified voters of the entire county voting in such election. Members, etc. (b) For the purpose of electing the members of the board, there shall be eleven board posts, the same numbered 1 through 11 inclusive, as follows: Posts.

Page 3029

Board Post 1 shall be occupied by a resident of the First Ward of the City of Athens, as such ward exists on January 1, 1969. Board Post 2 shall be occupied by a resident of the Second Ward of the City of Athens, as such ward exists on January 1, 1969. Board Post 2 shall be occupied by a resident of the Second Ward of the City of Athens, as such ward exists on January 1, 1969. Board Post 3 shall be occupied by a resident of the Third Ward of the City of Athens, as such ward exists on January 1, 1969. Board Post 4 shall be occupied by a resident of the Fourth Ward of the City of Athens, as such ward exists on January 1, 1969. Board Post 5 shall be occupied by a resident of the Fifth Ward of the City of Athens, as such ward exists on January 1, 1969. Board Posts 6 through 9 shall be occupied by residents of Clarke County who reside anywhere in the county. Board Post 10 shall be occupied by a resident of Clarke County who resides outside of the incorporated area in the county and resides in Georgia Militia District 1899, 219 or 1467. Board Post 11 shall be occupied by a resident of Clarke County who resides outside of the incorporated area in the county and resides in Georgia Militia District 1347, 216, 219, 220, or 218. (c) For the purpose of electing the members of the board provided for herein, there shall be an election held on Tuesday after the first Monday in November of 1969. The members elected to Board Posts 2, 4, 6, 8 and 10 shall take office on the first day of January following their

Page 3030

election and shall serve through December 31, 1970 and until their successors are duly elected and qualified. The members elected to Board Posts 1, 3, 5, 7, 9 and 11 shall take office on the first day of January following their election and shall serve through December 31, 1972 and until their successors are duly elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of their respective terms of office for terms of four years and until their successors are elected and qualified and shall take office on the first day of January immediately following their election. All such elections shall be held and conducted in accordance with the provisions of law governing the election of county officers, except as provided herein. Terms, etc. (d) The election for members to the board shall be non-partisan. Any person who is 21 years of age, a resident of Clarke County for one year immediately preceding the date for the election, of good moral character and meets the residential requirements as provided in subsection (b) may qualify to offer for election to the membership of the board. The governing authority of Clarke County, at least 90 days prior to the election of members of the board shall fix and publish a reasonable qualification fee of not more than one hundred ($100.00) dollars, to be paid by candidates seeking election to the board. Such fee shall be paid to the Ordinary of Clarke County at the time a candidate files his notice of candidacy and the fee shall be promptly transmitted to the governing authority of the county for application toward payment of costs of holding the election. Notice of candidacy must be filed at least 30 days prior to the election. Qualifications, etc. (e) In the event a vacancy occurs on Board Posts 1 through 7 for any reason other than the expiration of a term of office, the vacancy shall be filled by appointment of the mayor of the City of Athens with the concurrence of the city council. The member so appointed shall serve on the board through December 31 following the first general election after his appointment. At such general election a member shall be elected to occupy such board

Page 3031

post and to serve out the unexpired term or to serve for a new four-year term as the case may be. In the event a vacancy occurs on Board Posts 8 through 11 for any reason other than the expiration of a term of office, the vacancy shall be filled by appointment of the governing authority of Clarke County. The member so appointed shall serve on the board through December 31 following the first general election after his appointment. At such general election a member shall be elected to occupy such board post and to serve out the unexpired term or to serve for a new four-year term as the case may be. In the event a member moves his residence so that he is no longer residing in the area required by subsection (b) for the board post which he is occupying, a vacancy shall exist for such board post and shall be filled as provided herein. Vacancies. (f) Each member of the board, upon assuming office, shall take an oath faithfully to perform the duties of his office; said oath to be administered by the judge of the superior court of said county or by the clerk of the same. Oath. (g) Absence by a member of said board from four consecutive meetings shall be held to be a resignation from the board, but such absences may be excused by resolution adopted by a majority of the board. Any member may be removed from the board for malfeasance in office or for cause by vote of two-thirds of the members of the board after a statement of charges in writing is presented to such board member and an opportunity to be heard before the board is afforded such accused member. In addition to the above method for removal, any member of the board may be removed from office by the manner provided in Code Section 32-905. Absence. (h) It shall be the duty of each member of the board to see that the policies determined by the board are carried out and executed by the schools which are under the control of said board. In carrying out the duties provided under this section, the members of the board are directed to make periodic inspections of the schools under the said board's control, including going onto the premises of each school

Page 3032

and inspecting the buildings, facilities, equipment and the actual instruction of the students. Duties. (i) Seven members of the board shall constitute a quorum for the transaction of any business which may come before the board. All members of the board shall be compensated in the amount of one hundred twenty-five ($125.00) per month, payable monthly. In addition to the above compensation, the members of the board shall be reimbursed for actual expenses incurred while on the business of the board outside of Clarke County. Quorum, etc. Section 2. Said Act is further amended by adding between sections 5 and 6 a new section to be designated as section 5A, to read as follows: Section 5A. (a) It shall be the duty of the board to hold a regular meeting each month and such special meetings as may be called as provided in subsection (e). Such meeting dates shall be annually determined by the board and the date for the meetings shall be published in the official organ of Clarke County once a week for two consecutive weeks following the setting of such dates. Meetings. (b) The purpose of the meeting provided in subsection (a) shall be for the transaction of the business pertaining to the public schools under said board's control. No business of the board shall be transacted other than at such meetings. All such meetings shall be open to the public and the press, and a period shall be set aside to allow any citizen of the county to speak on matters relevant to the operation of the Clarke County school system. Provided, however, the board may go into executive session for the purpose of discussing personnel, but no vote shall be taken while in executive session. (c) In addition to the meetings provided in subsection (a), the board shall hold at least two public hearings a year. The public hearings shall be held at 7:00 o'clock p.m., on the day determined as hereinafter provided, at least 150 days apart. At the first meeting of each year, the board shall set the date and place for the public hearings. The date

Page 3033

and place for each public hearing shall be advertised in the official organ of Clarke County once a week for two consecutive weeks prior to the hearing. (d) Each person present at the public hearings shall be given an opportunity to speak personally or such person or group of persons may be represented by a spokesman. The board may set a reasonable time limitation on such speeches; provided, however, each person or group must be given an opportunity to be heard. In the event there is not enough time available to hear such speeches, in one particular meeting, the board shall meet the following night at 7:00 o'clock p.m. for the sole purpose of allowing such persons who did not have the opportunity to speak the previous night, the right to speak. The primary purpose of the first public hearing in each year is to allow the citizens of Clarke County to be informed as to fiscal matters relating to the operation of the school system. The purpose of the second public hearing in each year is to allow the citizens of Clarke County to be informed as to any other matters relating to the operation of the school system. (e) The president or superintendent may call special meetings upon twenty-four hours' written notice to its members or shall call a special meeting upon written request of two thirds of the board members. (f) No meetings of the board shall be held with the intention of transacting the business of the board which are not open to the public and to the press. Any action taken by the board in such closed or private meetings shall be null and void. Any member of the board who violates the provisions of this subsection shall be subject to removal from office as provided in subsection (g) of section 5. Open meetings. (g) Any member of the board who does not attend a meeting as provided in this section, forfeits a month's compensation unless his failure to attend was for justifiable cause. Such finding of justifiable cause must be determined unanimously by the other members of the board. Section 3. Said Act is further amended by striking the

Page 3034

first paragraph in section 6 in its entirety and inserting in lieu thereof a new paragraph, to read as follows: At the first meeting of the board in each year, said board shall elect officers from its membership as hereinafter provided and shall set a date for the annual meeting of said board, at which annual meeting officers shall be elected from the membership to serve until the election of officers at the next annual meeting. All such officers shall be eligible to succeed themselves, except the president. The president shall be ineligible to hold the office as president for one year after holding said office. Officers, etc. Section 4. The Clarke County Board of Education existing on the effective date of this Act shall continue in existence through December 31, 1969, but the terms of such members shall expire at that time and such board shall stand abolished. The board created herein shall be the successor to all the rights, powers, duties and obligations of such abolished board, which are not inconsistent with the provisions of this Act. Present board. Section 5. Not less than 30 nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Clarke County to issue the call for an election for the purpose of submitting this Act to the voters of Clarke Couny for approval or rejection. The ordinary shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The ordinary 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 Clarke County. The ballot shall have written or printed thereon the words: For approval of the Act providing for a new Clarke County Board of Education, for board posts, for the election of the members of said board by the voters of Clarke County, for non-partisan elections, for qualifications, filling vacancies, removal from office and for certain duties for the members of the board, for a quorum, for compensation, for

Page 3035

open meetings of the board, for the election of a president of the board; and for other purposes. Against approval of the Act providing for a new Clarke County Board of Education, for board posts, for election of the members of said board by the voters of Clarke County, for non-partisan elections, for qualifications, filling vacancies, removal from office and for certain duties for the members of the board, for a quorum, for compensation, for open meetings of the board, for the election of a president of the board; and for other purposes. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise, it shall be void and of no force and effect. The expense of such election shall be borne by Clarke County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result hereof to the Secretary of State. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the January, 1969 Session of the General Assembly of Georgia, a bill to provide for creating a new Board of Education for Clarke County; to make provisions for the board of education in the event of the merger of the governments of Athens and Clarke County; to provide for the selection of the members; to provide for districts; to provide for qualifications; to provide for the selection of a chairman; to provide for terms of office; to provide for compensation; to provide for referendum; and for other purposes.

Page 3036

This 10th day of January, 1969. Honorable Leon Farmer, Jr. Representative, 16th District Honorable Chappell Matthews Representative, 16th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Leon Farmer who, on oath, deposes and says that he is Representative from the 16th District, and that the attached copy of notice of intention to introduce local legislation was published in the Athens Banner-Herald which is the official organ of Clarke County, on the following dates: January 17, 24th, 31st, February 7th, 1969. /s/ Leon Farmer, Jr. Representative, 16th District Sworn to and subscribed before me, this 14th day of March, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 18, 1969. CITY OF MACONCORPORATE LIMITS. No. 355 (House Bill No. 969). An Act to amend an Act creating a new charter for the City of Macon, approved August 3, 1927 (Ga. L. 1927,

Page 3037

pp. 1283, et seq.), as amended, particularly by an Act approved February 1, 1951 (Ga. L. 1951, pp. 2122, et seq.), by repealing section 3 thereof, codified as section 4 of the 1962 Code of the City of Macon, which prescribes an alternate and cumulative method of extending the corporate limits of the City of Macon, enacting in lieu thereof a new section 3, relating to the same subject matter; to ratify, confirm and approve all prior actions of the mayor and council of the City of Macon extending the corporate limits of the city pursuant to the method set forth in said section 3; to provide that all territory, incorporated through such prior actions of mayor and council, is a part of the City of Macon; to repeal conflicting provisions; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. An Act to amend an Act creating a new charter for the City of Macon, approved August 3, 1927 (Ga. L. 1927, pp. 1283, et seq.), as amended, particularly by an Act approved February 1, 1951 (Ga. L. 1951, pp. 2122, et seq.), is hereby further amended by repealing in its entirety section 3 thereof, codified as section 4 of the 1962 Code of the City of Macon, which prescribes an alternate and cumulative method of extending the corporate limits of the City of Macon, enacting in lieu thereof a new section 3 relating to the same subject matter, and which shall provide as follows: Section 3. Alternate method of extension of corporate limits. In addition to the method of extension of the corporate limits of the City of Macon, as set forth in section 3 of this Act, territory may be incorporated into and as a part of said City of Macon by the cumulative method hereinafter set forth. Whenever there shall be filed with the mayor and council a petition signed by all the owners of property in a given area, contiguous to the present corporate limits of the City of Macon, which petition shall set forth plainly and distinctly

Page 3038

the area involved, and shall request that the area therein described shall become a part of the City of Macon, it shall thereupon become the duty of the mayor and council to determine whether or not the said petition does in fact bear the signatures of all the property owners in said area and whether the land is properly described. Should the mayor and council determine that the petition is in order, it shall be lawful for the mayor and council to consider said petition and, in its discretion, grant or deny the same. Should the mayor and council grant said petition, such grant shall be accomplished by an ordinance of the mayor and council, and upon the adoption of such ordinance, the territory described in said petition shall thereafter be and become a part of the City of Macon, in the same manner and as fully as done by an Act of the General Assembly. Section 2. Be it further enacted, that all actions of the mayor and council of the City of Macon, heretofore taken, extending the corporate limits of the City of Macon, pursuant to the method prescribed in section 3 of the Act of 1927 (Ga. L. 1927, pp. 1283, et seq.), as amended by the Act approved February 1, 1951 (Ga. L. 1951, pp. 2122, et seq.), codified as section 4 of the 1962 Code of the City of Macon, are hereby ratified, confirmed and approved and all territory, incorporated within the limits of the City of Macon through such prior actions of said mayor and council, is hereby made and declared to be a part of the City of Macon and incorporated within the limits thereof. Prior actions ratified. Section 3. This Act is enacted pursuant to the authority contained in Article XV, Section I, Paragraph I, of the Constitution of Georgia of 1945 (Section 2-8301, Code of Georgia, 1933 Annotated.) Legislative authority. Section 4. All provisions of the charter of the City of Macon in conflict herewith are hereby repealed. Section 5. This Act shall become effective when it is approved by the Governor or when it otherwise becomes law.

Page 3039

Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made to the 1969 Session of the General Assembly of Georgia for passage of local legislation to amend the Charter of the City of Macon by repealing Section 3 thereof (Ga. L. 1951, pp. 2122, et seq.), codified as Section 4 of the 1962 Code of the City of Macon, which provides a method of extending the corporate limits of the City, and by enacting a new section 3, relating to the same subject matter. Said legislation shall also ratify, confirm and approve all prior actions of mayor and council of the City of Macon extending the corporate limits of the city, pursuant to the terms of said section 3 of the city charter. Any matter pertinent to and in aid of general matters set forth may be included in such legislation, or amendments thereto. This notice is given in compliance with Article III, Section VII, Paragraph XV, of the Constitution of the State of Georgia (Section 2-1915, Code of Georgia, 1933, Annotated). This 22nd day of January, 1969. Lawton Miller City Attorney, City of Macon Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Billy Evans who, on oath, deposes and says that he is Representative from the 81st District, and that the attached copy of notice of intention to introduce local legislation was published in the Macon Telegraph and News which is the official organ of Bibb County, on the following dates: January 22nd, 29th; February 5th, 1969. /s/ Billy Evans Representative, 81st District

Page 3040

Sworn to and subscribed before me, this 14th day of March, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 18, 1969. GWINNETT COUNTYSEWER AND WATER SYSTEM. No. 356 (House Bill No. 972). An Act authorizing Gwinnett County and the governing authorities thereof to establish and administer a sewer and water system and to levy assessments therefor; to create a Water Pollution Control Department for Gwinnett County and a Gwinnett County Water Department; to authorize the governing authorities of Gwinnett County to construct and maintain water pollution control plants and water treatment plants, said authorities to employ the necessary personnel to establish and maintain the water and sewage systems; to provide for a method of laying sewers and water lines, and to authorize said county authorities to assess abutting property for the cost thereof; and to provide methods for the enforcement of liens against said property for such assessments and to authorize and provide methods of issuance and collection of fi fas for such improvements; to authorize the governing authorities of Gwinnett County to provide rules and regulations and to promulgate the same in regard to the construction, establishment, and maintenance of sewerage and water systems, sewage and water pumping stations, and the operation of sewer and water lines, water pollution control plants, and water treatment plants; to acquire lands, rights of way or easements by purchase or by condemnation; and for other purposes. Be it enacted by the General Assembly of Georgia and

Page 3041

it is hereby enacted by the authority of the same, which authority was granted by the Constitution of the State of Georgia, and by amendments to the Constitution of the State of Georgia, Gwinnett County Water, Sanitation, Sewerage and Fire Protection Authority, Georgia Laws 1953 Session, page 247, et seq., and Gwinnett County Fire Protection Districts, Georgia Laws 1966 Session, page 856, et seq. Section 1. The authority heretofore granted to Gwinnett County to establish and administer sewerage and water systems by the Constitution of the State of Georgia and amendments thereto, shall be exercised in the manner hereinafter prescribed in this Act. Section 2. Where the term Commissioners is used in this Act, it shall refer to the Board of Commissioners of Gwinnett County, Georgia, or to any officer or officers who may by law hereafter enacted be vested with control of the fiscal affairs of said county. Definitions. Section 3. The Commissioners are hereby authorized to establish and create a Water Pollution Control Department for the purpose of constructing, maintaining and operating all sewer lines, sewage pumping stations, water pollution control plants and appurtenances, now or hereafter, belonging to Gwinnett County and to appoint a superintendent of said department and such employees and personnel as may be required to carry into effect the provisions of this Act. The County Engineer may serve as superintendent of the Water Pollution Control Department. Water pollution control department. Section 4. The jurisdiction of said Water Pollution Control Department shall extend over all sewer lines, sewage pumping stations, water pollution control plants and appurtenances located in the territory of Gwinnett County outside the corporate limits of any municipality, and shall extend the sewer lines, sewage pumping stations, water pollution control plants and appurtenances within the corporate limits of any municipality, either wholly or partly within the boundaries of Gwinnett County, by the consent or agreement of the governing authorities of such municipalities. No municipalities may extend sewer lines into territory of

Page 3042

Gwinnett County outside corporate limits of any municipality except by the consent or agreement of the governing authority of Gwinnett County. Jurisdiction. Section 5. The Commissioners are hereby authorized to establish and create a Water Department for the purpose of constructing and maintaining water lines, pumping stations, water treatment plants and appurtenances, and to appoint a Manager of the Gwinnett County Water Department, and such employees and personnel as may be required to carry into effect the provisions of this Act. Water department. Section 6. The jurisdiction of said Water Department shall extend over all water lines, pumping stations, water treatment plants and appurtenances located in the territory of Gwinnett County outside the corporate limits of any municipality, and shall extend to water lines, pumping stations, water treatment plants and appurtenances within the corporate limits of any municipality, either wholly or partly, within the boundaries of Gwinnett County, by the consent or agreement of the governing authorities of such municipalities. No municipality may extend water lines into territory of Gwinnett County outside corporate limits of any municipality except by the consent or agreement of the governing authority of Gwinnett County. Jurisdiction. Section 7. The Commissioners may combine the Water Pollution Control Department and the Gwinnett County Water Department under another department and appoint a superintendent of said department. Combined department. Section 8. The Commissioners are given full and complete authority to lay, construct and maintain sewers, sewage pumping stations, water pollution control plants, and appurtenances within the jurisdiction of the Water Pollution Control Department as hereinbefore defined and to determine when the construction of sewers is necessary and shall be the sole judge of the boundary and extent of such sewer lines. Sewer system. Section 9. The Commissioners are given full and complete authority to lay, construct and maintain water lines, water

Page 3043

pumping stations, water treatment plants and appurtenances within the jurisdiction of the Water Department as hereinbefore defined and to determine when the construction of water lines is necessary and shall be the sole judge of the boundary and extent of such water lines, provided the feasibility of the water lines are approved by the Gwinnett County Water Department Managing and Advisory Engineers. Water system. Section 10. Whenever a sewer line or a water line is so constructed that the abutting property may be directly connected thereto, said sewer line or water line shall be known and designated as a lateral sewer line or a lateral water line. The Commissioners shall provide by regulation a method for determining the cost of laying of any such lateral sewer or lateral water line and the proportion of the cost to be assessed against the property which may be connected thereto so that the cost of same may be equitably assessed against the property and the owners thereof to be served by said sewer line or water line. However, no assessment shall be made against abutting property unless the same may be directly connected to said sewer line or water line, nor shall any cost in excess of the cost of laying an eight-inch sewer line or an eight-inch water line, be assessed against abutting property owners. In no event shall a lateral sewer line or a lateral water line be laid and the cost thereof assessed against abutting property owners unless the same is consented to in writing by the owners of 15% of the property to be served by said sewer line or by said water line and to be assessed for the cost thereof. Definitions, assessments, etc. Section 11. When a petition signed by 51% of the abutting property owners requesting the construction of a lateral sewer line or a lateral water line and consenting to an assessment for the cost thereof has been filed with the Commissioners, said petition may not thereafter be withdrawn nor may any individual's or firm's or corporation's signature affixed thereto be thereafter removed or deleted from said petition. Petitions. Section 12. Whenever any lateral sewer or lateral water line is to be laid and the cost thereof assessed against

Page 3044

abutting property owners, the Commissioners shall set a date for a hearing on such proposed sewer construction or water line construction and shall publish a notice thereof in the newspaper in Gwinnett County in which sheriff's advertisements are published at least once ten days prior to the date of said hearing, which notice shall give a brief description of the location of said sewer line or said water line, its beginning and its terminus and shall set forth the time and place of the hearing. At said hearing which shall be before the Commissioners, it shall be in order for any person by himself, agent or attorney, whose property and interest is affected by the construction of said sewer or water line to present evidence in objection thereto. After said hearing the Commissioners shall make a decision with reference to said sewer construction or water line construction in the best interest of the county and the territory to be served. Said decision shall be entered on the minutes of the Commissioners and, if the construction of the sewer or water line is ordered, the same shall be construed as a public necessity and all matters necessary to the construction of the same and the assessment of the cost thereof against the abutting property and the owners thereof shall be determined. Hearing, etc. Section 13. The Commissioners, after determining the cost of construction of said sewer or water line, including the cost of acquiring rights of way, if any is to be acquired, and all costs necessary therefore, including the cost of engineering, supervision and inspection and including up to 10% of the construction cost as a reserve for uncollected assessments, shall proceed to pay and construct the same either by the county's forces or public works department, or by contract as in their judgment seems best. Cost of construction, etc. Section 14. The Commissioners after the laying and construction of any sewer or water line in any designated area may prescribe regulations for the making up of an assessment roll properly describing said sewer line or water line and how the owners of the abutting property are to be assessed with the total cost of construction of any given project. However, in making assessment against abutting

Page 3045

property the same shall be equitable and in proportion to the street frontage to be served by said sewer or water line. Assessments. Section 15. All assessments for the cost of construction of sewers or water lines against property and the owners thereof shall be liens against the property served by the sewer or water lines from the date of the adoption of the resolution authorizing said sewer line or water line. Same. Section 16. Said Commissioners shall provide by regulation for a sewer improvement docket and a water line improvement docket for the listing of property owners and property and the amounts assessed thereon; and shall have authority to establish by regulation how much assessments may be paid and they may provide that the same be prepaid or paid in annual installments, not in excess of ten years, and said Commissioners shall provide by regulation for the due dates of such installments, and payments and rates of interest and shall provide by regulation that executions shall issue by a designated trustee bank for the collection of such assessments, said designation of the trustee bank to be signed by the Board of Commissioners of Gwinnett County, Georgia. Said executions shall be issued by said trustee bank in the name of Gwinnett County and shall be recorded on the general execution docket in the office of the Clerk of Superior Court of said County and shall be turned over to the Sheriff for collection as other fi fas, and in the event the defendant in fi fa shall claim that the amount thereof, or some part of same is not owing, and that the same is proceeding illegally, he may file illegality thereto, and procedure thereon, in that event shall be the same as provided for illegalities in case of tax fi fas. Same. Section 17. The Commissioners are hereby authorized to provide by regulation and rules for the assessment and collection of a front foot assessment, reasonable real property tax, connection charge, service charge, and standby charge, for the construction, operation, and maintenance of said sewer lines, pumping stations, water pollution control plants, and appurtenances. Said service charge may be made on the basis of gallonage of water metered to the property

Page 3046

served by said sewer and strength of sewage or waste, or on any other basis considered by the Commissioners to be fair and equitable. Such service charge shall be paid on a monthly, quarterly or annual basis as provided for in the rules and regulations to be adopted. Such front foot assessments shall be made on all properties which may be directly connected to any sewer line and appurtenances constructed under the provision of this Act. Such real property tax shall be levied on all properties which may be benefited by any sewer line, pumping station, water pollution control plant, and appurtenances constructed under the provision of this Act. Within two years from the date the water pollution control plant or point of waste water disposal is certified by the Commissioners as complete and ready for operation, each improved property shall be connected to the available sewer. Said connection charge shall be made and said service charge shall start when the sewer connection is actually made or two years from the date the water pollution control plant or point of waste water disposal is certified by the Commissioners as complete and ready for operation whichever date occurs first. The Commissioners shall provide by regulations the method and manner of assessment and collecting such taxes, connection and service charges and for the issuance of fi fas therefor, if necessary and the collection thereof. Any taxes or charges as herein provided shall become a lien on the property served or benefited by said sewer line, pumping station, water pollution control plant and appurtenances. Costs. Section 18. The Commissioners are hereby authorized to pledge all assessments, taxes and charges from said sewer system or water system, or such part thereof as they may determine, as security for the payment of any revenue certificates or assessment bonds which may be issued in connection with the sewer system or water system in accordance with the law. Pledge of assessments. Section 19. The Commissioners shall be authorized to acquire the title to any lands or rights of way or easements which may be required in the exercise of the powers herein granted either by purchase or by condemnation under the power of eminent domain. Rights of way.

Page 3047

Section 20. Be it further enacted by the authority aforesaid that if any section or portion of this Act be declared unconstitutional the remaining section or portions hereof shall not be affected thereby and the remaining provisions of the Act shall not be invalidated but shall remain in full force and effect. Severability. Section 21. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for Gwinnett County are published, namely, in the Gwinnett Daily News, once a week for three weeks, during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this Bill is a copy of said notice accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. Section 22. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969, Session of the General Assembly of Georgia, a bill to describe the property against which assessments may be made, the procedure relative thereto, and all other matters relative thereto, and for other purposes, which bill will be an enabling act of the act known as Gwinnett CountyWater, Sanitation, Sewerage and Fire Protection Authority, Georgia Laws 1953 Session, page 247, et seq. This 14th day of January, 1969. Stark Stark By: Homer M. Stark Attorneys for Gwinnett County

Page 3048

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James D. Mason who, on oath, deposes and says that he is Representative from the 13th District, and that the attached copy of notice of intention to introduce local legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 17th, 24th, 31st, 1969. /s/ James D. Mason Representative, 13th District Sworn to and subscribed before me, this 20 day of February, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 18, 1969. CITY OF NORCROSSCHARTER AMENDED. No. 357 (House Bill No. 973). An Act to amend an Act creating a new charter for the City of Norcross, Georgia, approved February 27, 1953 (Ga. L. 1953, p. 2741), as amended, by an Act approved February 28, 1966 (Ga. L. 1966 p, 2558), so as to limit the amount of fine imposed for violation of city ordinances; to set qualifying fees for candidates for mayor and council; to provide for run-off elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Norcross, Georgia, approved February 27, 1953 (Ga. L.

Page 3049

1953, p. 2741), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2558), is hereby amended by striking from section 9 the words two hundred dollars and inserting in lieu thereof the words four hundred dollars, so that when so amended section 9 shall read as follows: Section 9. Be it further enacted by the authority aforesaid, that the mayor, or in his absence or disqualification, the mayor pro tem, shall have full power and authority to hold, at such times and places, and under such rules and regulations as may be prescribed by ordinance, a police court for said city for the trial of offenders against the ordinances of said city, and impose such penalties for violation thereof as may be prescribed by ordinance, not exceeding four hundred dollars, and imprisonment and labor on the public works of the city for sixty days for each offense, and may impose both a fine and a sentence of imprisonment and labor. In case of the absence or disqualification of both the mayor and mayor pro tem any member of council may preside at said police court. Provided, however, the mayor and council shall have the right at any time in their discretion, upon the approval of the mayor and at least four (4) councilmen, to create and establish the office of city recorder, elect a city recorder in and for said city and fix the recorder's salary and term of office, which term of office shall be not more than one year; and from and after the creation of said office of city recorder and the election of a recorder as aforesaid, the said recorder shall preside over the said court, and the said court shall not thereafter be presided over by the mayor, mayor pro tem, or any member of council, excepting in the absence or disqualification of the said recorder. In the event of the absence or disqualification of the recorder, the mayor, mayor pro tem, or any member of the council may preside over said court with full powers as the city recorder. The mayor and council shall have the right to elect as city recorder any citizen of said city eligible to hold office as mayor of said city. Said recorder, when elected and qualified, shall have all the powers and authority appertaining to said police court as now exercised by the mayor or mayor pro tem. Penalty for violating ordinances. Section 2. Said Act is further amended by inserting,

Page 3050

immediately following section 37 of said charter approved February 27, 1953 (Ga. L. 1953, p. 2741), a new section to be designated as section 37A to read as follows: Section 37A. In the event any candidate fails to receive a majority of the votes cast at said election, the mayor and council shall call for a run-off election between the two candidates who received the highest number of votes at said election. Said run-off election shall be held on the second Saturday in December, and the candidate receiving the majority of the votes cast at said run-off election shall be declared the winner. The mayor and council may by ordinance set the amount to be paid by all candidates as a qualifying fee for election. All fees so paid shall be deposited in the general fund of said city. Elections. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the February 1969 Session of the General Assembly of Georgia, a bill to amend the charter of the City of Norcross, so as to change the amount of fine imposed for violation of city ordinances; to provide for qualifying fees for candidates for mayor and council; to provide for run-off elections; and for other purposes. This 11th day of February, 1969. /s/ Norris J. Nash Representative, 13th District /s/ James D. Mason Representative, 13 District Georgia, Fulton County. Personally appeared before me, the undersigned authority,

Page 3051

duly authorized to administer oaths, James D. Mason who, on oath, deposes and says that he is Representative from the 13th District, and that the attached copy of notice of intention to introduce local legislation was published in the Gwinnett County Daily News, which is the official organ of Gwinnett County, on the following dates: January 28 and February 7, 14, 1969. /s/ James D. Mason Representative, 13th District Sworn to and subscribed before me, this 14th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 18, 1969. GWINNETT COUNTY MERIT SYSTEM ACT. No. 358 (House Bill No. 974). An Act authorizing Gwinnett County and the governing authority thereof to appoint a Merit System Board; to provide qualifications for the Merit Board members; to provide for terms of appointment, compensation and removal of Merit Board members; to provide for the powers and duties of the Merit Board; to provide for the appointment of an Executive Secretary and to provide for the duties, compensation and removal of the Executive Secretary; to provide what persons will be included within the classified service and a procedure for establishing a classification plan; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3052

Section 1. This Act may be cited as the Gwinnett County Merit System Act. Short title. Section 2. Definitions. The following terms when used in this Act shall have the following meanings unless the context clearly requires otherwise: (1) Classified Service means all appointed offices and positions of trust or employment in the service of Gwinnett County, except those placed in the unclassified service by this Act. (2) Board means the Merit System Board of Gwinnett County. (3) The Executive Secretary means the executive secretary of the Merit System Board of Gwinnett County. (4) Appointing Authority means the officer, commission, board or body having the power of appointment, employment or removal from positions in any office, department, commission, board or institution; or any person or group of persons having the power by virtue of the Constitution, statute, or lawfully delegated authority to make appointments or employments to positions of employment in Gwinnett County. (5) Position means any office of employment in the service of Gwinnett County. (6) Classified Employee means any employees holding a position in the classified service as defined in this Act. (7) Public Hearing means the opportunity, given after public notice of at least five days, for any person or persons to appear and be heard on the matter involved, at a hearing open to the public. (8) Governing authority means the Board of Commissioners of Gwinnett County. Section 3. Merit System BoardCreation, qualification of members, compensation, term of appointment, removal.

Page 3053

(1) Creation of Board: There is hereby created the County Merit System Board which shall consist of five (5) qualified members appointed by the governing authority. (2) Selection of Board Members: The governing authority shall select one candidate from each commissioner district for appointment to said Board. The names of the four (4) candidates shall be submitted to an Advisory Group consisting of the Clerk of Superior Court of Gwinnett County, the Ordinary of Gwinnett County, the Tax Collector of Gwinnett County, the Sheriff of Gwinnett County, and the Judge of Superior Court of Gwinnett County. With the recommendation for appointment from a majority of the members of the Advisory Group, the candidates shall be appointed to the County Merit System Board by the governing authority. When four of the members of the County Merit System Board have been selected in the manner set forth above, an election shall be called by the Ordinary of Gwinnett County to select the fifth candidate for nomination to the County Merit System Board. Only those individuals who would fall within the category of classified employees of Gwinnett County shall have the right to vote for the fifth candidate to the Merit System Board. There shall be thirty (30) days from the date the election is called by the Ordinary until the date the election shall be held. Any person desiring to have his name placed on the ballot must submit to the Ordinary a petition signed by at least ten per cent (10%) of the employees of Gwinnett County who would fall within the classification of classified employees as defined herein, at least ten (10) days prior to the date of the election. In the event no individual receives over fifty per cent (50%) of the votes cast in said election, there shall be an election held by the Ordinary within ten (10) days from the date of the first election. A ballot shall be prepared by the Ordinary, on which shall be placed the names of the two (2) individuals receiving the greatest number of votes cast. When a candidate is selected by the individuals who would fall within the class defined herein as classified employees, this individual shall be appointed to the Merit System Board by the governing authority as the fifth member of said Board. The persons appointed to fill subsequent

Page 3054

posts on the Board shall be selected for appointment in the same manner as provided herein for the selection of the original members of the Board. (3) Qualifications of Board members: The governing authority shall not appoint to said Board as a member thereof any person who: (a) has not been a resident of Gwinnett County for two or more years next preceding appointment to the Board, (b) shall hold an elective or appointive office in either Federal, State, County or Municipal government, provided that prior appointment as a member of the Board shall not disqualify a person from being reappointed hereto, or (c) shall have held political office in, or shall have been a salaried employee of Gwinnett County during the twelve months next preceding his appointment to the Board, except that candidate for appointment selected by the classified employees under the procedure as specified herein may be a salaried employee of Gwinnett County. (4) Terms of Appointment, Vacancies: The governing authority shall appoint the original members of the Board for staggered terms. The length of the terms of the original members of the Board shall be in the discretion of the governing authority, but shall not exceed four (4) years. The person appointed from Commissioner District No. 1 shall fill Post No. 1 on the Board. The person appointed from Commissioner District No. 2 shall fill Post No. 2 on the Board. The person appointed from Commissioner District No. 3 shall fill Post No. 3 on the Board. The person appointed from Commissioner District No. 4 shall fill Post No. 4 on the Board. The person selected by the classified employees by the method set forth herein and appointed to the Board shall fill Post No. 5 on the Board. After the expiration of the terms of the members appointed to each respective post, the terms of members filling all subsequent posts shall be for four (4) years. A vacancy in the membership of said Board caused by a member's death, resignation, disqualification, or other condition shall be filled by appointment of the governing authority for the unexpired term of such member. No recommendation is required from the Advisory Group, nor must an election be held by the classified employees in

Page 3055

order for the governing authorities to appoint a person to fill an unexpired term of such member. (5) Chairman and Vice Chairman: At its initial meeting and annually thereafter, the Board shall elect one member Chairman and another Vice Chairman. (6) Compensation of Board Members, provision for facilities: It is hereby made the duty of the governing authority to appropriate annually a sum of money sufficient to enable the Board to carry out properly the purpose of this Act. Each member of the Board shall be paid at the rate of fifteen dollars $(15.00) per diem for time actually devoted to the business of the Board, but no member shall be paid for more than 30 days in any one year. The Board shall keep its office and hold its meetings in the Gwinnett County Courthouse. It shall be the duty of all officers having charge of public buildings of the County to allow the reasonable use of the facilities thereof by the Board for the performance of its duties, and in all proper ways to facilitate the work of the Board. (7) Removal of Board Members: No member of said Board may be removed from office prior to the expiration of his term except for cause after having been granted a notice and afforded a public and open hearing before the governing authority of said County. Prior to said hearing, said member shall be served personally or by registered or certified mail addressed to his residence as shown in the files of the said governing authority, at least ten (10) days before the date set for hearing, with written specifications of the charges against him. Section 4. Meetings of Board: The Board shall hold its meetings at the Gwinnett County Courthouse. It shall hold regular meetings at least once a month and as often in addition thereto as the Board may provide. Three members shall constitute a quorum for the conduct of business, provided that any official action of the Board must be concurred in by three members. All of said meetings shall be open to the public. Ten days written notice thereof shall be

Page 3056

given to each member by the Executive Secretary of the Board, who shall, under the direction of the Board, also, keep minutes of each meeting. Section 5. Duties of Board: It shall be the duty, function and responsibility of the Board to represent the interest of the public in the improvement of personnel administration and the selected of qualified personnel. It shall be the duty of the Board: (1) After public hearing to recommend to the governing authority for the latter's timely approval or rejection rules, regulations, and plans including subsequent deletions and amendments thereof, for the administration of this Act. (2) After the governing authority's approval thereof, to publish the content of such rules and their modifications for public distribution and to give immediate notice thereof to all appointing authorities affected thereby. Thereafter all appointing authorities and classified and other employees affected by these rules shall assist in all proper ways in carrying them into effect. (3) To hear and determine appeals and complaints respecting the official actions of the Executive Secretary, and such other matters as may be referred to the Board by the Executive Secretary. (4) On its own motion, or when requested to do so by the governing authority, to make and report on investigations affecting classified employees. (5) To keep records of the minutes of its own meetings and of any other records necessary for the proper administration of this Act. (6) To examine and approve or modify the annual report prepared by the Executive Secretary and to submit such report to the governing authority on or before the first day of February covering the period from January 1 through December 31 of the preceding year, transmitting therewith

Page 3057

any suggestions that may be recommended for the more effectual accomplishment of the purpose of this Act. (7) To recommend rules and regulations to the governing authority for honorably discharged veterans of any war in conformity with Article III, Section VII, Paragraph XXIV, of the Constitution of the State of Georgia providing that equal preference be accorded such veterans as exist under Federal Civil Service Laws. Section 6. Powers of Board: The Board, each member of it, and the Executive Secretary each shall have the power to administer oaths, subpoena witnesses and compel the production of books and papers pertinent to any investigation or hearing authorized by this law. Any person who shall fail to appear in response to a subpoena or to answer any questions or produce any books or papers pertinent to any such investigation or hearing shall be guilty of a misdemeanor. Section 7. Executive SecretaryAppointment, Removal, Compensation. (1) The governing authority shall appoint the Executive Secretary. Such Executive Secretary shall be a person competent in the field of public personnel administration and thoroughly in sympathy with the application of the merit system. First consideration shall be given, in selecting a qualified individual to serve as Executive Secretary, to those employees in the County Commissioners Office and in other offices in the county government. The Executive Secretary shall give bond in the penal sum to be fixed by the governing authority for his faithful performance, to be approved by the governing authority. (2) The person appointed to fill the position of Executive Secretary may hold this position while performing other unrelated duties as an employee of Gwinnett County and may be removed by the governing authority from the position as Executive Secretary at any time without cause when a change in this position is deemed appropriate by the governing authority. The governing authority's decision to remove a person from this position shall be final.

Page 3058

Section 8. Executive SecretaryDuties: It shall be the duty of the Executive Secretary to: (1) Attend meetings of the Board, to act as its Secretary and to record its official actions. (2) Secure the attendance of witnesses and production of books, papers, public records and other documentary evidence pertinent to any such investigations. (3) Make an annual report to the Merit System Board and to the Board of Commissioners of Gwinnett County. (4) To prepare and maintain an up-to-date record of the duties and responsibilities of each position in the classified service, as defined in Section 8 of this Act. (5) Establish and maintain a roster of all the officers and employees in the classified service in the employment of Gwinnett County, who are covered by this Act, giving for each such person the data for appointment, the title of position or positions held, the initial rate of compensation and all changes thereof, and such other data as deemed desirable and pertinent. (6) Check all payrolls or other compensation for personal service in the classified service periodically, at such time as he may deem consistent for the proper administration of this Act. (7) Appoint and supervise any of his necessary employees and to incur expenses necessary for the administration of this Act, within the limits of the appropriation to be provided therefor by the governing authority. (8) Prepare, recommend, and administer approved rules and regulations for the proper administration and execution of this Act. All rules and regulations are to be submitted to the Board for its recommendations to and approval by the governing authority. The Rules and Regulations shall apply but not be limited to such matters as: the formulation

Page 3059

of registers of eligibles; the certification of persons qualified for appointment to the classified service, administration of appointments; transfer, demotions; promotions, suspensions; lay-offs; re-employments; resignations; dismissals; leaves of absence without pay, examinations, ratings, eligibility, and other matters pertaining to the proper administration of this Act and, to good personnel practices and procedures. (9) Make such investigations pertaining to personnel salary scales, and employment conditions in the County as he may deem necessary or as they are requested by the Board or the governing authority. (10) Be responsible to the governing authority and to the Board for the general administration of the merit system and to the Board for those duties prescribed in this Act. (11) Perform any other lawful acts required to effectuate the purpose of this act. Section 9. Unclassified Service. The Classified Service, as defined in Section 2 (1) of this Act, does not include the following members of the unclassified service: (1) Officers elected by the people and persons appointed to fill vacancies to such elective offices. (2) Officers and employees specifically exempted by law. (3) Members of boards or special commissions appointed by the County governing authority for special purposes to service without compensation. (4) County attorney:. (5) Clerk of the County Commissioners. (6) Persons temporarily appointed or designated to make or conduct a special inquiry, investigation, or examination

Page 3060

where such appointment or designation is certified by the Board to be for employment which should not be performed in the classified service. (7) Election officials and members of the Board of Registrars. (8) Head of departments selected or appointed by the Board of Commissioners and by the Judge of the Superior Court, department heads such as the chief deputy sheriff, chief of the county police, public works camp director, Gwinnett County Water System director, chief deputy tax commissioner, chief deputy clerk of the Superior Court, and other department heads or chief deputies. (9) Board of Tax Assessors, Board of Health, Board of Public Welfare and Jury Commissioners. (10) Assistant Solicitor Generals and Secretary to Solicitor General. (11) The personal secretary of any Judge of Superior Court, and not to exceed two of the official reporters of all courts within the County. (12) County Engineer. (13) County Tax Assessor. Section 10. Any employee of Gwinnett County who is not an elected official and is excluded from the classified service under Paragraphs 5, 8, 10, and 11, of Section 9 shall be given special consideration for employment as a classified employee of Gwinnett County provided said individual is qualified for a position as a classified employee and provided there is an opening available in the ranks of the classified employees. In the event any such individual is employed by Gwinnett County as a classified employee, said individual shall be given credit for pay purposes for any time said individual has been employed by Gwinnett County. Transfers to classified service. Section 11. Classification Plan (1) The Executive Secretary

Page 3061

shall submit to the Board a classification plan, specifying the duties, authorities, and responsibilities of positions in the classified service. The Board then shall submit such plan, together with appropriate recommendations, to the governing authority for the latter's timely approval or rejection. (2) After the approval of such classification plan, the Executive Secretary shall, with the recommendation of the Board and the approval of the governing authority, allocate each position in the classified service to the appropriate class therein on the basis of its duties and responsibilities. Thereafter, as new positions are created or existing classes are divided, combined, altered, or abolished the Executive Secretary shall, with the approval of the Board, make such allocations of positions as are necessitated thereby. (3) Following the approval of the classification plan and the allocation therein of positions: (a) The class title set forth therein shall be used to designate such positions in all official records, documents, vouchers, payroll and communications, and no person shall be appointed to or employed in a position in the classified service under any class title which has not been approved by the Executive Secretary as appropriate to the duties to be performed, and (b) All appointments, employments, suspensions, changes in grade or title or any other change in the status of a person in the classified service, now or hereafter employed, shall be made and permitted as prescribed by this Act and the rules, regulations, and classifications plan adopted pursuant thereto, provided that an employee holding a position in the classified service immediately prior to the effective date of this Act shall not be required to undergo an examination as a condition for his continued employment. Section 12. Certification by Executive Secretary. No employee within the classified service shall be placed on a payroll of Gwinnett County until the Executive Secretary

Page 3062

has properly certified the individual to the position. The Executive Secretary may provide that certification of payrolls be made once every six months, and such certification shall remain in effect in the case of any officer or employee whose status has not changed after the last certification of this payroll. No Gwinnett County disbursing or auditing officer shall make or approve or take any part in making or approving any payment for personal service to any person holding a position in the Classified Service unless the payroll voucher or account of such pay bears the certificate number of the Executive Secretary or his authorization to persons named therein have been appointed and employed in accordance with the provisions of this law and the rules, regulations, orders and classification plan thereunder. Section 13. Political Activity and Recommendations. In applying the provisions of this Act or in doing any of the things hereby provided, no person whosoever shall give any consideration to political or religious affiliations. No person holding a position in the classified service shall directly or indirectly solicit or receive in any manner or be concerned with soliciting or receiving any assistance or subscriptions or contributions for any political purpose or participation of any form of political activity whatsoever, other than to express privately his rights as a citizen and to cast his vote in any election. No employee in the classified service shall be a member of any national or state or local committee of a political party, or officer or member of a committee of a partisan political club, or shall take part in any political campaign. Section 14. Penalties. Any person in Gwinnett County who shall willfully violate, conspire with or solicit another to violate any of the provisions of this Act shall be guilty of a misdemeanor and shall on conviction thereon be punished as for a misdemeanor prescribed by the laws of Georgia, and if such convicted person be in the classified service, he shall be dismissed therefrom and shall not be eligible for re-employment, reappointment, or reinstatement

Page 3063

for a period of five years from the date of such conviction. Section 15. Oaths. The Board, the Executive Secretary, and all employees in the classified service shall take the oath of office as prescribed by the governing authority. The Executive Secretary shall take his oath before the Chairman of the Board. Section 16. Constitutionality. Should any section or provision of this Act be held to be unconstitutional or invalid such section or provision shall not affect the validity of this Act as a whole or any part thereof other than the part so held to be unconstitutional. Section 17. General Repeal. All laws in conflict with this Act are hereby repealed. Section 18. Effective Date. This Act shall take effect when a resolution is adopted by the governing authority appointing the first member to the Merit System Board. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969, Session of the General Assembly of Georgia, a bill to provide for all matters and procedures connected with the creation of a merit system and for other purposes, which bill will be an enabling act of the act known as Gwinnett CountyMerit System of Employment, Georgia Laws 1968 Session, page 1884, et seq. This 14th day of January, 1969. Stark Stark By: Homer M. Stark Attorneys for Gwinnett County Georgia, Fulton County. Personally appeared before me, the undersigned authority,

Page 3064

duly authorized to administer oaths, James D. Mason who, on oath, deposes and says that he is Representative from the 13th District, and that the attached copy of notice of intention to introduce local legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 17th, 24th, 31st, 1969. /s/ James D. Mason Representative, 13th District Sworn to and subscribed before me, this 20 day of February, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 18, 1969. MITCHELL COUNTYOFFICE OF TREASURER ABOLISHED. No. 359 (House Bill No. 975). An Act to abolish the office of county treasurer for Mitchell County; to transfer the duties of said office to the clerk of the board of commissioners of Mitchell County; to provide for a depository; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The office of treasurer of Mitchell County is hereby abolished. All duties, powers and functions heretofore performed by the county treasurer shall be possessed and discharged by the clerk of the board of commissioners of Mitchell County. Office abolished, etc.

Page 3065

Section 2. The board of commissioners of Mitchell County shall designate one or more depositories for county funds for such time and under such conditions as may be determined by the board. Depositories. Section 3. This Act shall become effective immediately upon its approval by the Governor or as otherwise provided by law. Section 4. All laws or parts of laws in conflict with this Act are hereby expressly repealed. Notice of Local Legislation. Georgia, Mitchell County. There will be introduced in the 1969 regular session of the General Assembly of Georgia, a bill to abolish the office of treasurer of Mitchell County, Georgia to be effective upon approval of said Act, to provide for the assumption of the powers, duties and functions of the treasurer; to repeal conflicting laws, and for other purposes. Harry Collins, Chairman Board of Commissioners of Mitchell County Georgia, Mitchell County. Personally appeared before the undersigned attesting officer, an officer duly qualified to administer an oath, B. T. Burson, Jr., who being duly sworn on oath says that he is editor and publisher of the Camilla Enterprise, a newspaper having general circulation and whose principal place of business is in said county, and that the attached copy of notice of intention to introduce local legislation was published in said newspaper, which is the official organ of said county, on the following dates: February 28, 1969, March 7, 14, 1969. /s/ B. T. Burson Editor and Publisher of the Camilla Enterprise

Page 3066

Sworn to and subscribed before me, this the 14 day of March, 1969. /s/ Mary W. Lundy Notary Public, Mitchell County, Georgia. My Commission Expires Mar. 25, 1971. (Seal). Approved April 18, 1969. PICKENS COUNTY SCHOOL SUPERINTENDENT, REFERENDUM. No. 360 (House Bill No. 979). An Act to provide for the appointment of the Pickens County School Superintendent by the board of education of Pickens County; to provide for all matters relative thereto; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Upon the expiration of the term of office of the Pickens County school superintendent holding office when this Act becomes of full force and effect, the Pickens county school superintendent who shall serve at the pleasure of the board. The first superintendent appointed by said board shall be appointed at the first meeting of the board held after the expiration of the term of office of the superintendent holding office when this Act becomes of full force and effect. In the event the office of school superintendent becomes vacant by reason of death, resignation or otherwise prior to the expiration of the term of office of the superintendent holding office when this Act becomes of full force and effect, such vacancy shall be filled by the board appointing a school superintendent, to serve at the board's pleasure, at the first meeting of the board held after said office becomes vacant. Any county school

Page 3067

superintendent appointed by the board shall be subject to all provisions of law relative to county school superintendents, except as otherwise provided herein. Appointment. Section 2. Not less than 30 nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law without his approval, it shall be the duty of the ordinary of Pickens County to issue the call for an election for the purpose of submitting this Act to the voters of Pickens County for approval or rejection. The ordinary shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The ordinary 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 Pickens County. The ballot shall have written or printed thereon the words: For approval of the Act providing that successors to the Pickens County School Superintendent shall be appointed by the Pickens County Board of Education to serve at the Board's pleasure. Referendum. Against approval of the Act providing that successors to the Pickens County School Superintendent shall be appointed by the Pickens County Board of Education to serve at the Board's pleasure. All persons desiring to vote in favor of said Act shall vote for approval, and those persons desiring to vote for rejection of said Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of said Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Pickens County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.

Page 3068

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to provide for the appointment of the Superintendent of schools of Pickens County by the board of education of Pickens County; to provide for a referendum; and for other purposes. Will Poole Representative, 10th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Will Poole who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of notice of intention to introduce local legislation was published in the Pickens County Progress which is the official organ of Pickens County, on the following dates: February 20th, 27th, and March 6th, 1969. s Will Poole Representative, 10th District Sworn to and subscribed before me, this 14th day of March, 1969. s Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 18, 1969.

Page 3069

TATE WATER AND SEWER ACT. No. 361 (House Bill No. 980). An Act to create the Tate Water and Sewer Authority; to authorize the Authority to acquire, construct, operate, maintain, own, and improve self-liquidating projects embracing sources of water supply and the treatment, distribution, and sale of water to individuals, private concerns, and municipal corporations; to authorize the Authority to acquire, construct, operate, maintain, own, and improve sewer systems, both sanitary and storm, sewage disposal and sewage treatment plants, and any and all other related facilities; to confer powers and impose duties on the Authority; to provide for the membership and for the election of members of the Authority and their tenure of office and compensation; to authorize the Authority to contract with others pertaining to the water and sewer utilities and facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the Authority payable from the revenues, tolls, fees, charges, and earnings of the Authority to pay the cost of such undertakings or projects, and authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds; to authorize the execution of trust indentures to secure the payment thereof; to define the rights of the holders of such obligations; to provide that no debt of Pickens County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the Authority exempt from taxation; to authorize the Authority to condemn property of every kind; to authorize the issuance of refunding bonds; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds be validated; to provide for the separate enactment of each provision of this Act; to repeal conflicting laws; and for other purposes. Whereas, the matter of obtaining and distributing water to the various residents and other users of such facilities is of prime importance and essential to the health and welfare

Page 3070

of citizens within the boundaries and environs of Pickens County; and Whereas, in a modern and progressive society, it is essential to the health and welfare of the citizens thereof that adequate means and facilities be provided for the treatment and disposal of waste materials; and Whereas, it is advisable to authorize the financing, in whole or in part, of the acquisition and construction of sources of water supply, the installation of water utilities for the distribution of same, the acquisition and construction of sewer systems and sewage treatment facilities in certain areas of the county and environs by the issuance of revenue bonds of the Authority for that purpose; Now, therefore, be it enacted by the General Assembly of Georgia: Section 1. Short title. This shall be known and may be cited as the Tate Water and Sewer Act. Section 2. Tate Water and Sewer Authority. There is hereby created a body corporate and politic, to be known as the Tate Water and Sewer Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation; and by that name, style, and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain, and defend in all courts of law and equity. The Authority shall consist of six members all of whom shall be residents of Pickens County, Georgia, all of whom shall at the time of appointment be users of the facilities of the Authority. The provisions as to being a user shall not apply to the members of the Authority originally appointed. The original members of the Authority shall be William J. Prince, Eugene Grant, Robert L. Johnston, William B. Tate, Jr., Steve Griffeth, and Howell Champion. William J. Prince and Eugene Grant shall each serve for a three year term or until their respective successors are duly selected as hereinafter provided for. Robert L. Johnston and William B. Tate, Jr., shall each serve

Page 3071

for a term of two years, or until their respective successors are selected as hereinafter provided for. Steve Griffeth and Howell Champion shall each serve for a term of one year or until their respective successors are duly selected as hereinafter provided for. Each year the consumers of water sold by the Authority shall, at a meeting called by the Authority after notice thereof has been published in the newspaper in Pickens County wherein the Sheriff publishes his advertisements ten days in advance of such meeting, elect, under such rules as the Authority shall promulgate, two eligible persons to serve, each for three-year terms, as members of the Authority. If for any reason the consumers fail to elect such members, the Authority itself shall act to fill the vacancies created by the expiration of the terms of the members of the Authority whose terms have expired. Notwithstanding any other provision herein, all members of the Authority shall serve until their successors are elected and qualified. To be eligible for election, no member shall have been found guilty of a felony. A member must be at least 21 years of age and a resident of Pickens County for at least two years prior to his election. The original members of the Authority shall immediately enter upon their duties. They shall elect one of their number as chairman, another as vice-chairman, and may also elect a secretary and/or treasurer, who need not necessarily be a member of the Authority. The chairman and vice-chairman, secretary, and treasurer shall serve for a period of one year and until their successors are elected and qualified. Three members of the Authority shall constitute a quorum. In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the remaining members of the Authority, by majority vote, shall elect a person meeting the qualifications above set out for membership, to serve for the unexpired term. Members of the Authority shall lose their positions as such upon being found guilty of a felony or moving from Pickens County, or, except for the original members, ceasing to be users of the facilities of the Authority.

Page 3072

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. The chairman of the Authority shall be entitled to vote upon any issue, motion, or resolution the same as other members. The members of the Authority shall serve without compensation, provided that all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. The Authority shall have a complete audit of its financial record made at least once in each calendar year by a certified public accountant, and such audit shall be published in the official newspaper of Pickens County at least once each calendar year and within one month of the submission thereof. Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings: (a) The word Authority shall mean the Tate Water and Sewer Authority created by section 2 of this Act. (b) The word project shall be deemed to mean and include the acquisition and construction of all necessary and usual water facilities useful and necessary for the obtaining of one or more sources of water supply within or without the territorial boundaries of Pickens County, the treatment of water and the distribution and sale of water to users and consumers, including counties and municipalities, for the purpose of resale, within and without the territorial boundaries of Pickens County, and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the Authority necessary or convenient for the efficient operation of such type of undertaking; the

Page 3073

acquisition and construction of all necessary and usual facilities useful and necessary for the gathering of waste matter, individual and industrial, the treatment of such waste, including the acquisition and construction of treatment plants, lagoons, without and within the territorial boundaries of Pickens County, and the operation, maintenance, additions, improvements, and extensions of such facilities deemed necessary by the Authority to be necessary or convenient for the efficient operation of a sanitary and storm sewer system. (c) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during the construction, and for one year after completion of construction, cost of engineering, architectural, and legal expenses, and of plans and specifications, and other expenses necessary or incident to the financing herein authorized, the construction 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 part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (d) The terms revenue bonds and bonds as used in this Act, shall mean revenue certificates as defined and provided for in the Revenue Bond Law (Ga. L. 1937, p. 761), as amended, and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and, in addition, shall also mean obligations of the Authority, the issuance of which are hereinafter specifically provided for in this Act. (e) Any project shall be deemed self-liquidating if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom will be sufficient to pay the cost of operating, maintaining and repairing, improving, and extending the project, and to pay the

Page 3074

principal and interest of the revenue bonds which may be issued for the cost of such project or projects. Section 4. Powers. The Authority shall have powers: (a) To have a seal and alter the same at its pleasure; (b) To acquire by purchase, lease, or otherwise, and to hold, lease, and dispose of, real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, grant, or gift, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights of easements therein, or franchises or personal property necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority; 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 be deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the Authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey, for and in behalf of the State, title to such lands to the Authority upon payment to the State Treasurer, for the credit of the general fund of the State, of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the Chairman of the Authority; (d) To appoint, select, and employ officers, agents, and employees, including engineering, architectural and construction

Page 3075

experts, fiscal agents, and attorneys, and fix their respective compensations; (e) To make contracts, leases, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases or projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the State are hereby authorized to enter into contracts, leases, or agreements with the Authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the Authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of water, sewerage, and related services and facilities by the Authority to such municipal corporations and counties or for the purchase of water by the Authority therefrom for a term not exceeding fifty (50) years. As to any political subdivision, department, institution, or agency of this State which shall enter into an agreement under the authority granted herein or in subsection (e) above, the obligation to perform and fulfill such agreement shall constitute a general obligation of such entity for which its full faith and credit shall be and hereby is pledged to the extent as may be now or hereafter permitted under the Constitution and laws of Georgia; (f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the Authority or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof; (g) To accept loans with, and accept grants of money, 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;

Page 3076

(h) to borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (i) To exercise any power usually possessed by private corporations performing similar functions, provided the same is not in conflict with the Constitution and laws of this State; and (j) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds of the Authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund hereby provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit then provided for bonds permitted by the Revenue Bond Law at the time of issuance, shall be payable at such time or times, shall mature at such time or times not exceeding 30 years from their date or dates, or at such times exceeding 30 years as may hereafter be authorized by the laws of the State of Georgia, shall be payable in such medium of payment as to both prinicpal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution for the issuance of bonds. Section 6. Same; form; denominations; registration; place of payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached

Page 3077

thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine. Provisions may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Section 7. Same; signatures; seal. All such bonds shall bear the manual or facsimile signature of the chairman of the Authority, the attesting manual or facsimile signature of the secretary of the Authority and the official seal of the Authority shall be affixed thereto. The signature of one of such officers shall be placed manually on each bond. Any coupons attached thereto shall bear the manual or facsimile signature of the chairman or the secretary of the Authority. Any coupon may bear the facsimile signature of such person, and any bond may bear the facsimile signature of and may be manually signed, sealed, and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. Section 8. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of the State of Georgia pertaining to negotiable instruments. Such bonds are declared to be issued for an essential public and governmental purpose, and the said bonds, their transfer, and the income therefrom shall be exempt from all taxation within the State. Section 9. Same; sale; price. The Authority may sell

Page 3078

such bonds in such manner and for such price as it may determine to be for the best interests of the Authority. Section 10. Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects; and unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit, which, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same, and shall be entitled to payment from the same fund, without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund, hereinafter provided, for the payment of principal and interest of such bonds. Section 11. Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. Section 12. Same; replacement of lost or mutilated bonds. The Authority may also provide for the replacement of any bonds which shall become mutilated or be destroyed or lost. Section 13. Same; conditions precedent to issuance; object of issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted,

Page 3079

and any such resolution may be passed at any regular, special, or adjourned meeting of the Authority by a majority of the quorum as in this Act provided. Section 14. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Pickens County or a pledge of the faith and credit of said county, but such bonds shall be payable solely from the fund hereinafter provided for; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the said county to levy or to pledge any form of taxation whatever therefor, or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 15. Same; trust indenture as security. In the discretion of the Authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of bonds issued therefor, and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds

Page 3080

may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders, as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. Section 16. Same; to whom proceeds of bonds shall be paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 17. Same; sinking funds. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide; and such funds not pledged, from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund, which said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4)

Page 3081

any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking funds shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture; but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds, and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Section 18. Same; remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia, 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, and other charges for the use of the facilities and services furnished. Section 19. Same; refunding bonds. The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities, and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing

Page 3082

provisions of this Act insofar as the same may be applicable. Section 20. Same; 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 Pickens County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court, which shall have exclusive, original jurisdiction of such actions. Section 21. Same; validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as now or hereafter amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the Authority for services and facilities of the water system for which bonds are to be issued and sought to be validated; and such municipality, county, authority, subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the Court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds against the Authority issuing the same and any municipality, county, authority, subdivision or instrumentality contracting with the said Tate Water and Sewer Authority. Section 22. Same; interest of bondholders protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties, or existence of said Authority or of its officers, employees, or agents, shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds; and no other entity, department, agency, or authority

Page 3083

will be created which will compete with the Authority to such an extent as to affect adversely the rights and interests of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the Authority and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 23. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 24. Purpose of the Authority. Without limiting the generality of any provision of this Act, the general purpose of the Authority is declared to be that of acquiring an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of same to various citizens in said county and environs, including adjoining counties and municipalities located therein, and further for the general purpose of gathering and treatment of waste, both individual and industrial; but such general purpose shall not restrict the Authority from selling and delivering water direct to consumers in those areas where there does not now exist water distribution systems, or furnishing sewer facilities to such consumers, and areas where neither any county nor municipality deems it desirable or feasible to furnish water in such locality. The Authority shall not have the authority to construct water lines for the distribution of water directly to consumers within any water district or municipality or within 300 yards of any water lines existing at the time of the passage of this Act and owned by any water district or municipality or within 300 yards of any water lines hereafter constructed by Pickens County or any water Authority hereafter created, without first obtaining the express written consent of the appropriate governing bodies

Page 3084

of the above-referred-to water districts, municipalities, County and other Authority. Section 25. Rates, charges, and revenues; use. The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls, or charges, and to revise from time to time and collect such rates, fees, tolls, or charges, for the services, facilities, or commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of the water and sewer utility system, and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments, or extensions thereto thereafter made. Section 26. Tax exempt status of Authority. The properties of the Authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the State of Georgia, and not for purposes of private or corporate benefit and income; and such properties and the Authority shall be exempt from all taxes and special assessments of any city, county, or the State or any political subdivision thereof. The tax exemption herein provided shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority. Section 27. Rules and regulations for operation of projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which water and sewer service and facilities shall be furnished. Section 28. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as

Page 3085

supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 29. Liberal construction of Act. This Act, being for the welfare of various political subdivisions of the State and its inhabitants, shall be liberally construed to effect the purposes thereof. Section 30. Effect of partial invalidity of Act. The provisions of this Act are severable; and, if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 31. Preservation of Powers. This Act does not in any way take from Pickens County or any municipality located therein or any adjoining county the authority to own, operate, and maintain water or sewer systems or issue revenue certificates, as is provided by the Revenue Bond Law of Georgia. Section 32. Repeal. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention of Apply for Passage of Local Bill. Notice is hereby given that there will be introduced at the 1969 session of the General Assembly of Georgia, local Legislation which local legislation consists of a bill to create the Tate Water and Sewer Authority and to authorize such Authority to acquire, construct, operate, maintain, own and improve self-liquidating projects embracing sources of water supply and the treatment, distribution and sale of water to individuals, private concerns and municipal corporations; to authorize such Authority to acquire, construct, operate, maintain, own and improve sewer systems, both sanitary and storm, sewage disposal and sewage treatment plants, and any and all other related facilities, to confer powers and impose duties on the Authority; to provide for the membership and for the election of members of the

Page 3086

Authority and their tenure of office and compensation; to authorize the Authority to contract with others pertaining to the water and sewer utilities and facilities and to execute lease and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the Authority payable from the revenues, tolls, fees, charges and earnings of the Authority to pay the cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds and to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide that no debt of Pickens County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the Authority exempt from taxation; to provide for the Authority to condemn property of every kind; to authorize the issuance of refunding bonds; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds be validated; to provide for the separate enactment of each provision of this Act and repealing all laws or parts of laws in conflict with provisions of this Act; and for other purposes. This 10th day of February, 1969. Will Poole Representative, 10th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Will Poole who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of notice of intention to introduce local legislation was published in the Pickens County Progress which is the official organ of Pickens County, on the following dates: February 20th, 27th, and March 6th, 1969. /s/ Will Poole Representative, 10th District

Page 3087

Sworn to and subscribed before me, this 14th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 18, 1969. TELFAIR COUNTYSALARY OF TAX COMMISSIONER. No. 362 (House Bill No. 991). An Act to amend an Act creating the office of tax commissioner of Telfair County, approved December 29, 1937 (Ga. L. 1937-38, Ex. Sess., p. 892), as amended by an Act approved February 12, 1945 (Ga. L. 1945, p. 630), an Act approved February 23, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2527), and an Act approved March 9, 1959 (Ga. L. 1959, p. 2514), so as to change the compensation of the tax commissioner of Telfair County; to specifically provide that all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other perquisites shall become the property of the county; to provide for the collection of all such fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other perquisites; to provide for periodic statements; 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 tax commissioner of Telfair County, approved December 29, 1937 (Ga. L. 1937-38, Ex. Sess., p. 892), as amended by an Act approved February 12, 1945 (Ga. L. 1945, p. 630), an Act approved February 23, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2527), and an Act approved March 9, 1959 (Ga. L. 1959, p. 2514), is hereby amended by striking section 6 in its

Page 3088

entirety and inserting in lieu thereof a new section 6 to read as follows: Section 6. The tax commissioner of Telfair County shall receive an annual salary of $9,600.00, payable in equal monthly installments from the funds of Telfair County. All fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other perquisites of whatever kind formerly allowed the tax commissioner as compensation for services in any capacity shall be received and held in trust by the tax commissioner for said county as public monies and he shall pay the same to the county fiscal authority on or before the tenth day of each month for the immediately preceding month. At the time of each such monthly payment to the county fiscal authority, the tax commissioner shall furnish the county fiscal authority with a detailed, itemized statement of all such funds received by him during the immediately preceding month. The statement shall show the respective amounts of money collected and the sources thereof. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other perquisites of whatever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, and an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3089

Notice of Intention to Introduce Local Legislation. Georgia, Telfair County. Notice is hereby given that I will introduce in the 1969 session of the General Assembly of Georgia, legislation for the purpose of increasing the salaries of the county commissioner of Telfair County, the sheriff of Telfair County, the tax commissioner of Telfair County, the ordinary of Telfair County and the clerk of the superior court of Telfair County; such legislation shall also increase or authorize an increase in the salaries for the clerks, deputies and assistants for all of said county officers; to repeal conflicting laws; to provide an effective date for such legislation; and for other purposes. This 6th day of February, 1969. /s/ Dr. Frank Holder Representative for Telfair County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dr. Frank Holder who, on oath, deposes and says that he is Representative from the 49th District, and that the attached copy of notice of intention to introduce local legislation was published in the Telfair Enterprise which is the official organ of Telfair County, on the following dates: February 6th, 13th, 20th, 27th, 1969. /s/ Dr. Frank Holder Representative, 49th District Sworn to and subscribed before me, this 17th day of March, 1969. /s/ Aralee Strange Mason Notary Public, Georgia, State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 18, 1969.

Page 3090

CITY OF DOUGLASAUDITS No. 363 (House Bill No. 770). An Act to amend an Act creating the charter for the City of Douglas approved December 20, 1899 (Ga. L. 1899, p. 177), as amended, particularly by an Act approved February 29, 1968 (Ga. L. 1968, p. 2085), so as to provide that the board of commissioners of the City of Douglas shall have an annual audit conducted of the financial affairs, books and records of the City of Douglas; to provide all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the charter for the City of Douglas approved December 20, 1899 (Ga. L. 1899, p. 177), as amended, particularly by an Act approved February 28, 1968 (Ga. L. 1968, p. 2085), is hereby amended by striking section 13A in its entirety and substituting in lieu thereof a new section 13A to read as follows: Section 13A. (a) It shall be the duty of the board of commissioners of the City of Douglas to have conducted an annual certified audit of the financial affairs, books and records of the City of Douglas. Such certified audits shall be made in accordance with the generally accepted auditing and accounting procedures as recognized by the Georgia Society of Certified Public Accountants and the American Institute of Certified Public Accountants. The person or persons making such audits shall be a member or members of, and in good standing with, the Georgia Society of Certified Public Accountants and the American Institute of Certified Public Accountants. Annual audits. (b) The auditor so employed shall make the audits provided for herein in accordance with generally accepted accounting procedures and principles, and shall submit a complete and final report and audit to said board of commissioners and to the city manager of the City of Douglas by

Page 3091

not later than six months after the close of each fiscal year. All audits provided for herein shall be certified to include and shall include, but shall not be limited to, a full and complete audit containing a balance sheet, profit and loss statement, a detailed statement of all receipts and disbursements, and a statement showing all indebtedness of whatever kind of the city, its departments and agencies. Such audit shall, in addition to showing a complete audit on a city basis, contain a separate audit for each department and agency of the city government. In the statement of receipts and disbursements, said auditor shall list the names of the persons, firms or corporations who received a total of $100.00 or more during the preceding fiscal year, and also the purpose or purposes for which such amounts were disbursed. Should such auditor discover any violation of the laws of Georgia or any irregularities in any of the finances or accounts of the city, its departments and agencies, it shall be the duty of such auditor to immediately report such violation or irregularity to the board of commissioners of the City of Douglas and to the grand jury of Coffee County then in session, or if no grand jury is in session, then to the first grand jury convened after such violations or irregularities are discovered. Audits. (c) All audits, as provided for herein, shall be reproduced in sufficient number, and five (5) copies shall be delivered and filed with the clerk of the superior court of Coffee County and such copies shall be maintained in said clerk's office for public inspection. The office of the city manager and the records maintained therein, including copies of such audits, shall be open to inspection by the public at all times during normal office hours. Inspection of audits. (d) The compensation of such auditor shall be fixed by agreements between the board of commissioners and the auditor selected to make such audit. The compensation of said auditor as determined herein shall be payable from the funds of the City of Douglas. Auditor's compensation. (e) Any other provisions of this section to the contrary notwithstanding, all receipts and disbursements of $50.00 or more shall be verified by the auditor; all receipts and

Page 3092

disbursements from $ 5 to $ 50 need not be verified and may be listed as uncertified; and all receipts and disbursements of less than $ 5 may be combined and listed under miscellaneous receipts or disbursements, as the case may be, without verification. Audit procedure. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to amend an Act creating the charter for the City of Douglas, approved December 20, 1899 (Ga. L. 1899, p. 177), as amended, so as to provide for an annual certified audit of the government of the City of Douglas. This 9 day of January, 1969. George Jordan Representative, 55th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Jordan who, on oath, deposes and says that he is Representative from the 55th District, and that the attached copy of notice of intention to introduce local legislation was published in The Coffee County Progress which is the official organ of Coffee County, on the following dates: January 9, 16, 23, 30, 1969. /s/ George Jordan Representative, 55th District

Page 3093

Sworn to and subscribed before me, this 4th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large My Commission Expires Jan. 9, 1971. (Seal). Approved April 18, 1969. COFFEE COUNTYAUDITS. No. 364 (House Bill No. 771). An Act to amend an Act creating the office of commissioner of roads and revenues in the County of Coffee approved March 26, 1937 (Ga. L. 1937, p. 1294), as amended, particularly by an Act approved February 29, 1968 (Ga. L. 1968, p. 2098), so as to provide that the board of commissioners of Coffee County shall have an annual audit conducted of the financial affairs, books and records of Coffee County; to provide for all matters relative to the foregoing; 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 roads and revenues in the County of Coffee approved March 26, 1937 (Ga. L. 1937, p. 1294), as amended, particularly by an Act approved February 29, 1968 (Ga. L. 1968, p. 2098), is hereby amended by striking section 14A in its entirety and substituting in lieu thereof a new section 14A to read as follows: Section 14A. (a) It shall be the duty of the board of commissioners of Coffee County to have conducted an annual certified audit of the financial affairs, books and records of the County of Coffee. Such certified audits shall be made in accordance with the generally accepted auditing and accounting procedures as recognized by the Georgia Society of Certified Public Accountants and the American Institute

Page 3094

of Certified Public Accountants. The person or persons making such audits shall be a member or members of, and in good standing with, the Georgia Society of Certified Public Accountants and the American Institute of Certified Public Accountants. Annual audits. (b) The auditor so employed shall make the audits provided for herein in accordance with generally accepted accounting procedures and principles, and shall submit a complete and final report and audit to the board of commissioners by not later than six months after the close of each fiscal year of Coffee County. All audits provided for herein shall be certified to include and shall include, but shall not be limited to, a full and complete audit containing a balance sheet, profit and loss statement, a detailed statement of all receipts and disbursements, and a statement showing all indebtedness of whatever kind of the county, its departments and agencies. Such audit shall, in addition to showing a complete audit on a county basis, contain a separate audit for each department and agency of the county government. In the statement of receipts and disbursements, said auditor shall list the names of the persons, firms or corporations who received a total of $100.00 or more during the preceding fiscal year, and also the purpose or purposes for which such amounts were disbursed. Should such auditor discover any violation of the laws of Georgia or any irregularities in any of the finances or accounts of the county, its departments and agencies, it shall be the duty of such auditor to immediately report such violation of irregularity to the Board of Commissioners and to the grand jury then in session, or if no grand jury is in session, then to the first grand jury convened after such violations or irregularities are discovered. Audits. (c) All audits, as provided for herein, shall be reproduced in sufficient number, and five (5) copies shall be delivered and filed with the clerk of the superior court of Coffee County, and such copies shall be maintained in the clerk's office for public inspection. The office of the board of commissioners and the records maintained therein shall be open to inspection by the public at all times during normal office hours. Inspection.

Page 3095

(d) The compensation of such auditor shall be fixed by agreements between the board of commissioners and the auditor selected to make such audit. The compensation of said auditor as determined herein shall be payable from the funds of Coffee County. Compensation of auditors. (e) Any other provisions of this section to the contrary notwithstanding, all receipts and disbursements of $50.00 or more shall be verified by the auditor; all receipts and disbursements from $5 to $50 need not be verified and may be listed as uncertified; and all receipts and disbursements of less than $5 may be combined and listed under miscellaneous receipts or disbursements, as the case may be, without verification. Audit procedure. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to amend an Act creating the office of commissioner of roads and revenues of the County of Coffee, approved March 26, 1937 (Ga. L. 1937, p. 1294), as amended, so as to provide for an annual certified audit of the government of Coffee County; and for other purposes. This 9th day of January, 1969. George Jordan, Representative, 55th District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Jordan who, on oath, deposes and says that he is Representative from the 55th District, and that the attached copy of notice of intention to introduce local legislation was published in The Coffee County Progress which is the official organ of Coffee

Page 3096

County, on the following dates: January 9, 16, 23, 30, 1969. /s/ George Jordan, Representative, 55th District. Sworn to and subscribed before me, this 4th day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 18, 1969. CLAYTON COUNTYACT CREATING BOARD OF COUNTY COMMISSIONERS AMENDED. No. 369 (House Bill No. 167). An Act to amend an Act creating a board of county commissioners for Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended by an Act approved March 6, 1956 (Ga. L. 1956, p. 3072), an Act approved March 25, 1958 (Ga. L. 1958, p. 3118), an Act approved March 7, 1960 (Ga. L. 1960, p. 2268), an Act approved March 11, 1963 (Ga. L. 1963, p. 2148), an Act approved March 4, 1964 (Ga. L. 1964, p. 2384), an Act approved March 2, 1966 (Ga. L. 1966, p. 2723), an Act approved March 4, 1966 (Ga. L. 1966, p. 3138), an Act approved April 13, 1967 (Ga. L. 1967, p. 3058), and an Act approved April 10, 1968 (Ga. L. 1968, p. 3501), so as to change the provisions relating to the comptroller; to authorize the board to adopt resolutions and regulations whereby they may sell and dispose of abandoned personality; to change the provisions relating to annual audits; to delete the provisions relating to a certain amount to be budgeted for recreational purposes; to provide for the budgeting and

Page 3097

expenditure of certain funds for the purpose of advertising Clayton County in the interest of industrial expansion; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of county commissioners for Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended by an Act approved March 6, 1956 (Ga. L. 1956, p. 3072), an Act approved March 25, 1958 (Ga. L. 1958, p. 3118), an Act approved March 7, 1960 (Ga. L. 1960, p. 2268), an Act approved March 11, 1963 (Ga. L. 1963, p. 2148), an Act approved March 4, 1964 (Ga. L. 1964, p. 2384), an Act approved March 2, 1966 (Ga. L. 1966, p. 2723), an Act approved March 4, 1966 (Ga. 1966, p. 3138), an Act approved April 13, 1967 (Ga. L. 1967, p. 3058), and an Act approved April 10, 1968 (Ga. L. 1968, p. 3501), is hereby amended by striking section 10B in its entirety and inserting in lieu thereof a new section 10B to read as follows: Section 10B. The board is hereby authorized to employ a Comptroller-Administrative Assistant who shall be directly responsible to the board. The Comptroller-Administrative Assistant shall not be covered by any provisions of the Civil Service System of Clayton County. The Comptroller-Administrative Assistant shall have at least three years experience in accounting work for a federal, state, county or municipal agency. The compensation of the Comptroller-Administrative Assistant shall be fixed by the board but shall not be less than $6,000.00 per annum nor more than $13,500.00 per annum, payable in equal monthly installments from the funds of Clayton County. The Comptroller-Administrative Assistant shall give a satisfactory surety bond approved by and payable to the ordinary of Clayton County or his successor in office and filed in the office of the ordinary in the sum of $25,000.00, conditioned upon the faithful performance of the duties of his office. The cost of the bond shall be paid from the funds of Clayton County. The Comptroller-Administrative Assistant shall provide administrative assistance for the board and chairman,

Page 3098

and pursuant to resolutions adopted by the board of instruction given by the chairman, he shall perform the duties enumerated as follows: Comptroller-administrative assistant. (1) Keep and maintain accurate records reflecting the financial affairs of the county. (2) Compile the annual budget covering all funds. (3) Sign checks and disburse quarterly allotments of monies appropriated and budgeted to each department, office or agency of the county entitled to receive same. (4) Maintain current accounts over the collection and deposit of monies due the county from taxes and other sources. (5) Examine all claims against the county and make recommendations as to payment. (6) Maintain budgetary control accounts showing encumbrances for obligations entered, into, liquidation of such encumbrances, unencumbered balances of allotments, unexpended balances of allotments, and all unallotted balances of appropriations. (7) Maintain proprietary accounts of the current assets and of the liabilities of all county funds. (8) Prepare and issue quarterly financial reports of the operations of all county funds. (9) Maintain property control records of all county property, including equipment and stores, and supervise stores. (10) Plan and prepare for meeting the financial needs of the county, project financial requirements, recommend a means of financing those requirements and advise the chairman and board on financial matters. (11) Perform such other duties as may be assigned by the chairman and/or board.

Page 3099

Section 2. Said Act is further amended by adding immediately following section 10B a new section 10C to read as follows: Section 10C. The board of county commissioners, in addition to the above powers and authorities, are authorized to adopt resolutions and regulations whereby they may sell and dispose of abandoned personalty including, but not limited to, vehicles, which in the performance of their police powers they have caused to be removed from either public or private property for the health, safety and welfare of the general public, after giving notice to any known owner or interest holder as directed in said resolution. Abandoned personalty. Section 3. Said Act is further amended by striking subsection (a) of section 14 in its entirety and inserting in lieu thereof a new subsection (a) of section 14 to read as follows: (a) It shall be the duty of the board of county commissioners of Clayton County to have conducted an annual audit of financial affairs, books, and records of Clayton County, and of the Clayton County Water Authority in accordance with the provisions hereinafter set forth. The board of county commissioners shall select a certified public accountant or a firm of certified public accountants and employ such certified public accountant or firm so selected as the auditor of the county to conduct an audit of the county books and records and of the books and records of the Clayton County Water Authority at the close of each fiscal year of said county. Said board of county commissioners shall also have the authority to use said auditor to assist and advise in the preparation of budgets and in accounting procedures and in general daily bookkeeping practices. Audits. Section 4. Said Act is further amended by striking subsection (d) of section 14 in its entirety and by redesigning subsections (e) and (f) of section 14 as subsections (d) and (e), respectively.

Page 3100

Section 5. Said Act is further amended by striking section 17 in its entirety and inserting in lieu thereof a new section 17 to read as follows: Section 17. At the beginning of each new year and before any money is borrowed for the current operation of the county, a tentative budget shall be adopted, based on requests from the various departments of the county and the anticipated revenue for such current year. After the permanent budget has been adopted, no warrants shall issue or become a legal charge against the county in excess of the anticipated revenue unless approved by the grand jury in office at the time of the warrant's issue. The board may budget 20 percent (20%) of the fees collected for business licenses up to a maximum of $20,000.00 and such funds may be expended by the board for the purpose of advertising Clayton County. The board is empowered to contract with firms or organizations to carry out this function of county government. Budget. Section 6. If any part of this Act is declared unconstitutional, the remainder shall remain in full force and effect. Section 7. This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without his approval. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1969 Session of the General Assembly of Georgia a bill amending the laws pertaining to the powers, duties and authority of the commissioners of roads and revenues of Clayton County, Georgia.

Page 3101

This the 18th day of December, 1968. John R. McCannon, County Attorney, Clayton County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Lee who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of notice of intention to introduce local legislation was published in the Forest Park Free Press-News Farmer which is the official organ of Clayton County, on the following dates: December 26th, 1958, January 2, 1969, and January 9, 1969. /s/ William J. Lee, Representative, 21st District. Sworn to and subscribed before me, this 20th day of January, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 23, 1969. CITY OF MARIETTAPENSION PLAN FOR POLICEMEN AND FIREMEN. No. 371 (House Bill No. 196). An Act to amend an Act providing a new charter for the City of Marietta, approved August 15, 1904 (Ga. L. 1904, p. 519), as amended, so as to provide for a retirement plan for policemen and firemen of the city; to repeal conflicting laws; and for other purposes.

Page 3102

Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a new charter for the City of Marietta, approved August 15, 1904 (Ga. L. 1904, p. 519), as amended, is hereby amended by adding following section 20 a new section to be numbered section 20A and to read as follows: Section 20A. A policeman or fireman of the City of Marietta who is a full time employee is eligible for retirement benefits after attaining the age of 55 and having completed twenty (20) years of employment. He shall be vested in the plan after twenty (20) years of employment but may only receive the retirement benefit after attaining the age of 55. The yearly retirement benefit shall be no less than the following calculation: The number of years credited service multiplied by the sum of (1) and (2): (1) $18.00. (2) 1% of that portion of the average of 5 consecutive calendar years of highest compensation in excess of $4,800. Between the age of retirement and age 65 the employee will also receive, as a supplement benefit, no less than $125.00 per month. This supplement will be discontinued with the 65th birthday. There shall be no death benefits. A pension board is hereby created to administer the plan under the provisions of any contract or agreement adopted from time to time by the mayor and city council. The board shall consist of the city manager, police chief and the fire chief. If a policeman or fireman becomes disabled as determined by the pension board while actively employed by the city,

Page 3103

he will receive no less than the following disability benefit from the plan. The board, in its sole discretion, shall determine the question of disability. No. of Years in Service Monthly Amount of Benefit Less than 5 years $ 45.00 5 years 65.00 10 years 85.00 15 years 105.00 20 or more years 125.00 Any such plan in effect shall not be construed to give an employee the right to be retained in the service of the city, nor any right or claim to a pension unless the right to such pension has specifically accrued under the terms of the plan. The mayor and city council may increase these benefits from time to time as they feel prudent, but may not reduce them. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular January-February 1969 Session of the General Assembly of Georgia, a bill to amend the charter of the City of Marietta, Georgia (Ga. L. 1904, p. 519, et seq), as heretofore amended, and for other purposes. This 20th day of December, 1968. Cyrus M. Chapman Sam P. Hensley Senators George H. Kreeger Eugene Housley Howard Atherton A. L. Burruss
Page 3104

Joe Mack Wilson J. H. Henderson, Jr. Hugh Lee McDaniell Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard Atherton who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of notice of intention to introduce local legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: December 20, 27, 1968 and January 3, 10, 1969. /s/ H. Atherton Representative 117th District Sworn to and subscribed before me, this 22nd day of January, 1969. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires December 26, 1972. (Seal). Approved April 23, 1969. CITY OF MONTEZUMAELECTIONS. No. 372 (House Bill No. 312). An Act to amend the charter of the City of Montezuma, approved March 20, 1963 (Ga. L. 1963, p. 2274-2291), so as to change the date for the holding of elections, to amend article II, section 2.01 of the said charter; to repeal conflicting laws; and for other purposes.

Page 3105

Be it enacted by the General Assembly of Georgia: Section 1. An act incorporating the City of Montezuma in the County of Macon (Ga. L. 1963, p. 2274-2291), is hereby amended by striking from the first sentence of artical II, section 2.01, the words and on the said date biennially thereafter, and by substituting in lieu thereof the following words: and on the first Tuesday in December biennially thereafter, so that when so amended said section 2.01 shall read as follows: Section 2.01. Election of Mayor and Councilmen. Be it further enacted, that on the first Tuesday in January, 1964, and on the first Tuesday in December biennially thereafter, there shall be an election for the office of mayor. On the same date in each year three councilmen shall be elected to serve two years, in the order of expiration of terms of those now serving as such. The mayor and council shall have the power to provide the exact manner in which, and place where, elections shall take place; to require the preservation of good order and to prevent disturbance or interference with the free right to vote. The mayor shall appoint three freeholders or one justice of the peace and two freeholders of the City, to manage all elections. Each manager, before entering on his duties shall take the following oath before some judge or justice of the peace: I do solemnly swear that I will faithfully and impartially conduct the election for which I am appointed manager, and will prevent all illegal voting, to the best of my ability and power, so help me God. The mayor shall provide at the city's expense all necessary material for use of managers in elections. The mayor and council may, by ordinance, prescribe how votes may be challenged; how the returns of all elections shall be made and results declared; and also how contests of any election shall be conducted, and to prescribe all rules and regulations for the proper conduct of all elections in said city.

Page 3106

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Session of the General Assembly of Georgia, convening in January, 1969, a Bill to amend the charter of the City of Montezuma to provide that the election of the mayor and council of said city shall henceforth be held on the first Tuesday in December in 1969, and annually thereafter, instead of the first Tuesday in January as the law now provides. This 16th day of January, 1969. Mrs. Janet S. Merritt Clarence A. Parker State Representatives District 46 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mrs. Janet S. Merritt who, on oath, deposes and says that she is Representative from the 46th District, and that the attached copy of notice of intention to introduce local legislation was published in the Marion County Patriot which is the official organ of Marion County, on the following dates: January 16th, 23rd, and 30th, 1969. /s/ Janet S. Merritt Representative 46th District Sworn to and subscribed before me, this 10th day of February, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 23, 1969.

Page 3107

SCHLEY COUNTYACT PLACING SHERIFF ON SALARY BASIS AMENDED. No. 373 (House Bill No. 314). An Act to amend an Act abolishing the fee system of compensation for the sheriff of Schley County and providing in lieu thereof an annual salary, approved March 24, 1965 Ga. L. 1965, p. 2558), so as to change the compensation of said sheriff; to provide for the appointment of deputies; to provide that the county shall be responsible for the maintenance of the sheriff's automobile shortwave radio; to provide for a mileage allowance; 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 abolishing the fee system of compensation for the sheriff of Schley County and providing in lieu thereof an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2558), is hereby amended by striking section 1 in its entirety and by inserting in lieu thereof a new section 1, which shall read as follows: Section 1. The sheriff of Schley County shall receive a salary of $6,000.00 per annum, payable in equal monthly installments from the funds of Schley County. The sheriff, in time of emergency or because of a specific need approved by the governing authority of Schley County, shall have the power to appoint a deputy or deputies. The deputy or deputies shall be paid such salary recommended by the sheriff and approved by the said governing authority, from funds of the county. Salary, etc. Section 2. Said Act is further amended by striking the word sheriff in the last sentence of section 3, and by substituting in lieu thereof the word county, so that when so amended section 3 shall read as follows: Section 3. The sheriff of Schley County shall furnish his own automobile and the sheriff shall be responsible for

Page 3108

the operating expenses, maintenance, repair and replacement of said automobile. The county shall furnish a shortwave radio, and shall have said radio installed in the automobile of the sheriff. The county shall be responsible for the maintenance and repair of said radio. Automobile. Section 3. Said Act is further amended by striking section 6 in its entirety and by inserting in lieu thereof a new section 6 which shall read as follows: Section 6. The necessary operating expenses of the sheriff's office, expressly including the compensation of the sheriff, shall be paid from any funds of the county available for such purposes. All supplies, materials, furnishings, furniture and utilities as may be reasonably required in discharging the official duties of said office shall be furnished by the county, and shall be paid from any funds of the county available for such purposes, upon approval of the governing authority. The determination of such requirements shall be at the sole discretion of the governing authority of Schley County. Office expenses. Section 4. Said Act is further amended by striking section 7 in its entirety and by inserting in lieu thereof a new section 7, which shall read as follows: Section 7. The sheriff shall be entitled to receive, in addition to his salary, a mileage expense at the rate of 8 cents per mile when he travels outside of the county in his vehicle on official county business. Automobile expense. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Hereby is given notice that a bill will be introduced in the present session of the Georgia General Assembly which will

Page 3109

change the compensation of the sheriff of Schley County, provide for the appointment of deputies, provide that the county shall be responsible for the maintenance of the sheriff's automobile's shortwave radio, provide for a mileage allowance, provide an effective date to repeal conflicting laws, and for other purposes. Representative Janet S. Merritt Representative Clarence A. Parker 46th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mrs. Janet S. Merritt who, on oath, deposes and says that she is Representative from the 46th District, and that the attached copy of notice of intention to introduce local legislation was published in the Marion County Patriot which is the official organ of Marion County, on the following dates: January 23rd, 30th, 1969; February 6th, 1969. /s/ Janet S. Merritt Representative 46th District Sworn to and subscribed before me, this 10th day of February, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 23, 1969.

Page 3110

CITY COURT OF OGLETHORPESOLICITOR'S SALARY. No. 374 (House Bill No. 315). An Act to amend an Act establishing a city court of Oglethorpe in the County of Macon, approved August 22, 1907 (Ga. L. 1907, p. 215), as amended, particularly by an Act approved March 3, 1964 (Ga. L. 1964, p. 2224), so as to change the compensation of the solicitor of the city court of Oglethorpe; 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 establishing a city court of Oglethorpe in the County of Macon, approved August 22, 1907 (Ga. L. 1907, p. 215), as amended, particularly by an Act approved March 3, 1964 (Ga. L. 1964, p. 2224), is hereby amended by striking from section 8 the following: thirty six hundred dollars ($3600.00) and by inserting in lieu thereof the following: forty-two hundred dollars ($4200.00) so that when so amended section 8 shall read as follows: Section 8. Be it further enacted, That any person who shall be elected solicitor of said court must, at the time of such election, be at least twenty-three years of age; must be a resident of the County of Macon, and must also have been a practicing attorney-at-law for at least two years before this election. The solicitor of said court shall be compensated on a salary basis, and salary to be in the sum of forty-two hundred dollars ($4200.00), per annum, which said sum shall be paid in equal monthly installments out of the treasury of said County of Macon; and it shall be the duty of each solicitor to represent the State in the Supreme Court on all writs of error from said court, for which service he shall be paid out of the treasury of the State the

Page 3111

same sums paid solicitors-general for similar services, plus travel expenses to be paid by Macon County. Said solicitor, before entering on the duties of his office, shall give bond with good security in the sum of five hundred dollars ($500.00) conditioned for the faithful discharge of the duties of his office, and shall take and subscribe, in addition to the oath required of all civil officers, the following oath: `I do swear that I will faithfully and impartially and without fear, favor or affection, discharge my duties as solicitor of the City Court of Oglethorpe; so help me God.' Said bond shall be payable to the Governor, shall be approved by the judge of the city court and shall, together with said oath, be entered on the minutes of said court by the clerk, and may be sued on by any persons interested. If, for any reason, said solicitor shall fail or be disqualified to act in any case, or there shall be a vacancy in said office, the court shall appoint a solicitor pro tem. Section 2. This Act shall become effective when approved by the Governor or when it otherwise becomes law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to change the compensation of the solicitor of the City Court of Oglethorpe; and for other purposes. This 6th day of January, 1969. Janet S. Merritt, Clarence A. Parker, Representatives, 46th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Janet S. Merritt

Page 3112

who, on oath, deposes and says that she is Representative from the 46th District, and that the attached copy of notice of intention to introduce local legislation was published in the Citizen Georgian which is the official organ of Macon County, on the following dates: January 9, 16, 23, 1969. /s/ Janet S. Merritt, Representative, 46th District. Sworn to and subscribed before me, this 28th day of January, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. Approved April 23, 1969. CITY COURT OF OGLETHORPEJUDGE'S SALARY. No. 375 (House Bill No. 316). An Act to amend an Act establishing a city court of Oglethorpe in the County of Macon, approved August 22, 1907 (Ga. L. 1907, p. 215), as amended, particularly by an Act approved April 2, 1963 (Ga. L. 1963, p. 2697), so as to change the compensation of the judge of the city court of Oglethorpe; 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 establishing a city court of Oglethorpe in the County of Macon, approved August 22, 1907 (Ga. L. 1907, p. 215), as amended, particularly by an Act approved April 2, 1963 (Ga. L. 1963, p. 2697), is hereby amended by striking from section 4 the following: thirty-six hundred dollars ($3600.00) and inserting in lieu thereof the following:

Page 3113

forty-eight hundred dollars ($4800.00) so that when so amended section 4 shall read as follows: Section 4. Be it further enacted, that there shall be a judge of said City Court of Oglethorpe who shall be chosen and commissioned in the following manner. There shall be held a special election in Macon County on the first Wednesday in October, 1907, at which a judge of said city court shall be elected by the qualified voters of said county; said election to be held under the same rules and regulations as election for members for the General Assembly are held, the returns of said election to be made to the Governor who shall issue a commission to the person elected as such judge at said election; said person so elected to be so commissioned for and to hold said office under such commission until the first day of January 1909, and until his successor is elected and qualified; all the laws now of force in this State with reference to the registration and qualification of voters for said election shall apply to the said election as they apply to the other special elections. At the next regular election for county officers or said County of Macon to be held on the first Wednesday in October 1908, there shall be elected a judge of said city court for a term of four years from said first day of January 1909, and until his successor is elected and qualified, and thereafter the term of office of said judge shall be four years and he shall be elected by the qualified voters of Macon County at the same time and in the same manner as other county officers by said County of Macon are elected; and he shall be commissioned by the Governor as such other officers are commissioned, except that he shall be so commissioned for a term of four years instead of two. In case of vacancy in said office of city court judge from death, resignation, removal, or otherwise, the Governor shall fill said vacancy by appointment of some fit and proper person to hold said office for the unexpired term. The judge of said City Court of Oglethorpe shall receive a salary of forty-eight hundred dollars ($4800.00) per annum which shall be paid monthly out of the treasury of said County of Macon. Section 2. This Act shall become effective when approved by the Governor or when it otherwise becomes law.

Page 3114

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the Geenral Assembly of Georgia, a bill to change the compensation of the judge of the City Court of Oglethorpe in the County of Macon; and for other purposes. This 2nd day of January, 1969. Janet S. Merritt, Clarence A. Parker Representatives, 46th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Janet S. Merritt who, on oath, deposes and says that she is Representative from the 46th District, and that the attached copy of notice of intention to introduce local legislation was published in the Citizen Georgian which is the official organ of Macon County, on the following dates: January 2, 9, 16, 1969. /s/ Janet S. Merritt, Representative, 46th District Sworn to and subscribed before me, this 28th day of January, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires January 9, 1971. (Seal). Approved April 23, 1969.

Page 3115

CITY OF HAPEVILLEMAYOR'S VETO POWER. No. 376 (House Bill No. 322). An Act to amend an Act incorporating the City of Hapeville, Georgia, approved September 16, 1891 (Ga. L. 1890-91, Vol. II, pp. 783, et seq.), as amended, so as to change the provisions relating to the veto power of the mayor; 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 incorporating the City of Hapeville, Georgia, approved September 16, 1891 (Ga. L. 1890-91, Vol. II, pp. 783, et seq.), as amended, is hereby amended by striking sections XIII and XVIII of said Act in their entirety. Section 2. An Act incorporating the City of Hapeville, Georgia, approved September 16, 1891 (Ga. L. 1890-91, Vol. II, pp. 783, et seq.), as amended, is hereby amended by enacting a new section XIII as follows: Section XIII. The said mayor shall have the revision of all ordinances, motions, orders or resolutions passed by the council. He shall have four days after the same shall have been passed by the council in which to file in writing with the clerk of the council his veto of such ordinances, motions, orders or resolutions to which he shall dissent; but the council at the next meeting thereafter shall have the power to pass such ordinances, motions, orders or resolutions, notwithstanding such veto, by a unanimous vote of the alderman-at-large and the two councilmen, requiring the vote of all three such members of council, to be taken by yeas and nays and entered upon the minutes. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3116

Section 5. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for the localities are published, namely, in the Fulton County Daily Report, the paper in which the sheriff's advertisements for Fulton County are published, once a week for three (3) weeks during a period of sixty (60) days, immediately preceding its introduction into the General Assembly. Attached hereto and made a part of this bill is a copy of said notice accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Hapeville, Georgia, will apply to the session of the General Assembly of Georgia, convening in January, 1969, for passage of legislation to amend an Act of the General Assembly of Georgia, approved September 16, 1891, as amended, entitled An Act to incorporate the City of Hapeville, Georgia, and for other purposes. This 9th day of December, 1968. Frank R. Lea City Attorney City of Hapeville Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dick Lane who, on oath, deposes and says that he is Representative from the 101st District, and that the attached copy of notice of intention to introduce local legislation was published in The Fulton County Daily Report which is the official organ of Fulton County, on the following dates: December 13, 20, 27, 1968. /s/ Dick Lane, Representative, 101st District

Page 3117

Sworn to and subscribed before me, this 4th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 23, 1969. DeKALB COUNTYSTENOGRAPHER FOR GRAND JURY. No. 377 (House Bill No. 388). An Act to authorize a stenographer to be present with the DeKalb County grand jury while witnesses are being examined before said grand jury; to provide for the appointment and compensation of said stenographer; to provide for the oath to be taken by said stenographer; to provide for duties; to prohibit the stenographer from testifying at any hearing or trial; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The district attorney of the Stone Mountain Judicial Circuit shall have the power to appoint a stenographer who shall be authorized to be present and in attendance upon the grand jury of DeKalb County while any witness is being examined by the grand jury. The district attorney shall appoint the stenographer and shall fix the compensation therefor, which shall be paid from the funds of DeKalb County, said funds to be provided in the same manner as other operating expenses of the superior court of said county. Stenographer. Section 2. Before attending the grand jury, the stenographer shall take the following oath:

Page 3118

I do solemnly swear that I will keep secret all things and matters coming to my knowledge while in attendance upon the Grand Jury, so help me God. Oath. Section 3. Such stenographer is authorized, however, to take and transcribe the testimony or any part of the testimony of any witness who testifies before the grand jury and shall furnish the transcript of said testimony to the district attorney. Such stenographer shall be incompetent to testify upon any hearing or trial concerning any matter or things coming to the knowledge of such stenographer while in attendance upon the grand jury. Duties. Section 4. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the 1969 session of the General Assembly of the State of Georgia for the enactment of local legislation to provide for a stenographer to be present with the DeKalb County grand jury while witnesses are being examined before said grand jury; to provide for the appointment and compensation of said stenographer; to provide the oath to be taken by said stenographer; to provide for duties; to prohibit the stenographer from testifying at any hearing or trial; to repeal conflicting laws; and for other purposes.

Page 3119

This the 6th day of January, 1969. Richard Bell District Attorney Georgia, DeKalb County. Personally appeared before the undersigned officer authorized by law to administer oaths, Britt Fayssoux, who, being duly sworn, deposes and states on oath that he is general manager of the New Era Publishing Company, Inc., a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the New Era Publishing Company, Inc. is the publisher of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the county of DeKalb, and further avers that legal notice, a true copy of which is hereto attached, notice of intention to introduce local legislation was duly published once a week for 3 weeks as required by law, the dates of publication being January 9, January 16, and January 23, 1969. /s/ Britt Fayssoux Sworn to and subscribed before me, this 24th day of January, 1969. /s/ Carol E. Wheeler, Notary Public, Georgia, State at Large. My Commission expires Feb. 21, 1971. (Seal). Approved April 23, 1969. IRWIN COUNTYBOARD OF COUNTY COMMISSIONERS. No. 378 (House Bill No. 391). An Act to amend an Act creating a board of commissioners for the County of Irwin, and prescribing and defining their powers, duties and compensation, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, so as to

Page 3120

change the compensation of the chairman of said board of commissioners and the members of said board; to provide that the chairman shall be the chief administrative officer of the county and shall devote his full time to the duties of his office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners for the County of Irwin, and prescribing and defining their powers, duties and compensation, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, is hereby amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: Section 6. Be it further enacted by the authority aforesaid that the salaries to be received by the commissioners, except the chairman, shall be $1,200.00 per year, payable monthly in equal installments. The chairman of the board of commissioners shall receive a salary of $7,200.00 per year, payable monthly in equal installments, and such other necessary expenses as are approved by the board. The chairman of said board of commissioners shall be the chief administrative officer of the county and shall devote his full time to the duties of his office. At the first regular meeting in each month the chairman shall render to the board of commissioners a statement of expenses and costs incurred by him during the previous month, and upon approval by the board he shall be paid or reimbursed therefor in the same manner as are general expenses of the county approved and paid. Salaries, duties. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3121

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia a bill to amend an act creating a board of commissioners of roads and revenues for the County of Irwin approved February 16, 1933 (Ga. L. 1933, p. 571) as amended so as to change the compensation of the members of said board to provide an effective date, and for other purposes. This 27th day of December, 1968. Martin Young Senator, 13th Senatorial District A. B. C. Dorminy Jr. State Representative Elect, Post No. 1, House District 48 Ted Hudson State Representative Elect, Post No. 2, House District 48 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ted Hudson who, on oath, deposes and says that he is Representative from the 48th District, and that the attached copy of notice of intention to introduce local legislation was published in the Ocilla Star which is the official organ of Irwin County, on the following dates: January 2, 9, 16, 1969. /s/ Ted Hudson Representative, 48th District Sworn to and subscribed before me, this 11th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 23, 1969.

Page 3122

CITY OF SWAINSBOROTERM OF OFFICE OF MAYOR. No. 380 (House Bill No. 500). An Act to amend an Act incorporating the City of Swainsboro, approved December 6, 1900 (Ga. L. 1900, p. 427), as amended, particularly by an Act approved March 4, 1966 (Ga. L. 1966, p. 3152), so as to provide for a four-year term for the mayor of the City of Swainsboro; to provide when such term shall become effective; 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 Swainsboro, approved December 6, 1900 (Ga. L. 1900, p. 427), as amended, particularly by an Act approved March 4, 1966 (Ga. L. 1966, p. 3152), is hereby amended by striking section 12.6 which reads as follows: Section 12.6. The mayor and councilmen serving at the time of the approval of this Act shall continue to serve for the terms to which they were elected. Their successors shall not take office until the regular term of office of the incumbent officers shall expire. The mayor shall serve for a term of office for two years and until his successor is duly elected and qualified and the councilmen shall serve for terms of office of three years and until their successors are duly elected and qualified., Repealed. and inserting in lieu thereof a new section 12.6 to read as follows: Section 12.6. The mayor and councilmen serving at the time of the approval of this Act shall continue to serve for the terms to which they were elected. Their successors shall not take office until the regular term of office of the incumbent officers shall expire. The person elected mayor at the regular municipal election in 1969 shall take office January 1, 1970, for a term of office of four years and until his successor is duly elected and qualified. Successors shall be elected at the regular municipal election each four years

Page 3123

and shall take office on the first day of January immediately following their election, and shall likewise serve for a term of office of four years and until their successors are duly elected and qualified. The councilmen shall serve for terms of office of three years and until their successors are duly elected and qualified. Terms of office. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for the Passage of Local Legislation. Notice is hereby given that the application for passage of local legislation at the January, 1969 session of the General Assembly of Georgia will be made in order to amend an act incorporating the City of Swainsboro approved December 6, 1900 (Ga. L. 1900, p. 427), as amended, so as to provide that beginning with the 1969 municipal election and thereafter, the term for mayor of said city shall be four years, and for other purposes. This 13th day of January, 1969. /s/ Geo. L. Smith II Representative, 54th District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Geo. L. Smith II who, on oath, deposes and says that he is Representative from the 43rd District, and that the attached copy of notice of intention to introduce local legislation was published in the Swainsboro Forest Blade which is the official organ of Emanuel County, on the following dates: January 15, 22, 29, 1969. /s/ Geo. L. Smith II Representative, 43rd District

Page 3124

Sworn to and subscribed before me, this 18th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 23, 1969. EMANUEL COUNTYTERMS OF MEMBERS OF BOARD OF COMMISSIONERS. No. 381 (House Bill No. 501). An Act to amend an Act creating a board of commissioners of roads and revenues for Emanuel County, approved July 18, 1919 (Ga. L. 1919, p. 646), as amended, so as to provide for four-year terms for the members of the board; to provide when such terms shall become effective; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for Emanuel County, approved July 18, 1919 (Ga. L. 1919, p. 646), as amended, is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. Be it enacted by the General Assembly of Georgia that there is hereby created a board of commissioners of roads and revenues for Emanuel County to be composed of three members, who shall be elected for terms of four years and until their successors are elected and qualified. The first four-year term shall begin January 1, 1971, and the members elected in 1970 shall take office on that date. All successors shall likewise be elected for four-year terms and until their successors are elected and qualified.

Page 3125

They shall be elected at the general election each four years and shall take office on the first day of January immediately following their election. Section 2. Said Act is further amended by striking section 15 in its entirety and inserting in lieu thereof a new section 15 to read as follows: Section 15. Be it further enacted that the members of the board of commissioners of roads and revenues shall be elected by the voters of Emanuel County at the general election each four years. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of General Assembly of Georgia, a bill to amend an Act creating a board of commissioners of roads and revenues for Emanuel County, approved August 18, 1919 (Ga. L. 1919, p. 646), as amended, so as to change the terms of the members of the board; to provide the procedures connected therewith; and for other purposes. This 7th day of January, 1969. E. V. Blackburn Clerk Board of Commissioners of Roads and Revenues Emanuel County, Georgia Georgia, Emanuel County. Personally appeared before me, the undersigned officer duly authorized to administer oaths, William Rogers, who on oath deposes and says that he is the editor and publisher of the Swainsboro Forest Blade, official county organ in and for Emanuel County, and that the attached copy of notice of intention to apply for local legislation was published in

Page 3126

the Swainsboro Forest Blade on the following dates: January 15th, 1969; January 22nd, 1969 and January 29th, 1969. /s/ William C. Rogers Sworn to and subscribed before me, this 3rd day of February, 1969. /s/ Sidney B. Shepherd, Notary Public. My Commission expires Jan. 21, 1971. (Seal). Approved April 23, 1969. PUTNAM COUNTYCOMPENSATION, ETC. OF TAX COMMISSIONER, REFERENDUM. No. 382 (House Bill No. 600). An Act to amend an Act consolidating the offices of tax collector and tax receiver of Putnam County into the office of tax commissioner of Putnam County, approved March 6, 1962 (Ga. L. 1962, p. 3048), so as to change the compensation of the tax commissioner; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of tax collector and tax receiver of Putnam County into the office of tax commissioner of Putnam County, approved March 6, 1962 (Ga. L. 1962, p. 3048), is hereby amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. The tax commissioner shall be compensated in the amount of eleven thousand ($11,000.00) dollars per annum, to be paid in equal monthly installments from the

Page 3127

funds of Putnam County. Such compensation shall be in lieu of all commissions, fees or other monies of whatever kind heretofore received by the tax commissioner. It is hereby specifically provided that he shall not be entitled to the commissions on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest provided for in an Act approved January 17, 1938 (Ga. L. 1938 Ex. Sess., p. 297), as amended. It is further specifically provided that he shall not be entitled to the fees received from the sale of motor vehicle license tags. All fees, commissions and monies of whatever kind collected by the tax commissioner shall be the property of Putnam County, to be paid to the proper authority of said county. The tax commissioner shall be compensated for clerical help in an amount not less than two thousand four hundred ($2,400.00) dollars and not more than three thousand six hundred ($3,600.00) dollars per annum, such compensation to be set solely in the discretion of Putnam County commissioner of roads and revenues, to be paid in equal monthly installments from the funds of Putnam County. Section 2. Not less than 15 nor more than 20 days after the date of the approval of this Act by the Governor, or after the date it becomes law without his approval, it shall be the duty of the ordinary of Putnam County to issue the call for an election for the purpose of submitting this Act to the voters of Putnam County for approval or rejection. The ordinary shall set the date of such election for a date not less than 30 nor more than 45 days after the date of the issuance of the call. Such date shall be the same date which he sets for a referendum relative to the salary of the clerk of the superior court of Putnam County. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Putnam County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act changing the compensation of the Tax Commissioner of Putnam Conuty be approved? Referendum.

Page 3128

All persons desiring to vote for approval of the Act shall vote Yes. All persons desiring to vote against approval of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect on the first day of the month following the month in which the election is held, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Putnam County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the laws governing special elections. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Putnam County. Notice is hereby given that a local bill will be introduced in the 1969 Session of the General Assembly of Georgia to amend acts setting the salaries of the county officials of Putnam County and creating an addition deputy for the sheriff of said county and setting their salaries so as to set an effective date for the changes and to repeal conflicting laws and for other purposes and so as: 1. To set the salary of the ordinary of Putnam County at $6,000.00 per annum. 2. To set the salary of the sheriff of Putnam County at $9,000.00 and to provide two deputies for said officer at maximum salaries of $5400.00 and $4800.00 each. 3. To set the Putnam County tax commissioner's salary at $11,000.00 per annum in lieu of all other fees and commissions and to provide a clerk for this office at a maximum of $3600.00 per year. 4. To set the salary of the clerk of superior court of

Page 3129

Putnam County at $7500.00 per year, and a salary of $3000.00 per year for a deputy clerk. 5. To set the salary of the clerk of the Putnam County commissioners at $4200.00 per annum. 6. To set the salary of the chairman of the Putnam County commissioners at $3600.00 per annum, and the other two members, salaries at $1800.00 per annum each. This the 14th day of January, 1969. Marvin E. Moate, Representative, 28th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Marvin E. Moate who, on oath, deposes and says that he is Representative from the 28th District, and that the attached copy of notice of intention to introduce local legislation was published in the Eatonton Messenger which is the official organ of Putnam County, on the following dates: January 16th, 23rd, 30th, 1969. /s/ Marvin E. Moate Representative, 28th District Sworn to and subscribed before me, this 24th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 23, 1969.

Page 3130

PUTNAM COUNTYSALARY OF ORDINARY, REFERENDUM. No. 383 (House Bill No. 601). An Act to amend an Act placing the sheriff, clerk of the superior court, the ordinary, the tax collector and the tax receiver of Putnam County on a salary basis, approved February 27, 1962 (Ga. L. 1962, p. 2440), so as to change the compensation of the ordinary of Putnam County; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff, clerk of the superior court, the ordinary, the tax collector and the tax receiver of Putnam County on a salary basis, approved February 27, 1962 (Ga. L. 1962, p. 2440), is hereby amended by striking from section 6 the words and figures four thousand two hundred ($4,200.00) dollars, and inserting in lieu thereof the words and figures six thousand ($6,000.00) dollars, so that when so amended, section 6 shall read as follows: Section 6. The ordinary of Putnam County shall be compensated in the amount of six thousand ($6,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Putnam County. Such compensation shall be in lieu of all fees, costs, and perquisites of whatever kind heretofore received by the ordinary. Salary. Section 2. Not less than 15 nor more than 20 days after the date of the approval of this Act by the Governor, or after the date it becomes law without his approval, it shall be the duty of the ordinary of Putnam County to issue the call for an election for the purpose of submitting this Act to the voters of Putnam County for approval or rejection. The ordinary shall set the date of such election for a date not less than 30 nor more than 45 days after the date of

Page 3131

the issuance of the call. Such date shall be the same date which he sets for a referendum relative to the salary of the clerk of the superior court of Putnam County. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Putnam County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act changing the compensation of the ordinary of Putnam County be approved? Referendum. All persons desiring to vote for approval of the Act shall vote Yes. All persons desiring to vote against approval of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect on the first day of the month following the month in which the election is held, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Putnam County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the laws governing special elections. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Putnam County. Notice is hereby given that a local bill will be introduced in the 1969 Session of the General Assembly of Georgia to amend acts setting the salaries of the county officials of Putnam County and creating an addition deputy for the sheriff of said county and setting their salaries so as to set an effective date for the changes and to repeal conflicting laws and for other purposes and so as:

Page 3132

1. To set the salary of the ordinary of Putnam County at $6,000.00 per annum. 2. To set the salary of the sheriff of Putnam County at $9,000.00 and to provide two deputies for said officer at maximum salaries of $5400.00 and $4800.00 each. 3. To set the Putnam County tax commissioner's salary at $11,000.00 per annum in lieu of all other fees and commissions and to provide a clerk for this office at a maximum of $3600.00 per year. 4. To set the salary of the clerk of superior court of Putnam County at $7500.00 per year, and a salary of $3000.00 per year for a deputy clerk. 5. To set the salary of the clerk of the Putnam County Commissioners at $4200.00 per annum. 6. To set the salary of the chairman of the Putnam County Commissioners at $3600.00 per annum, and the other two members salaries at $1800 per annum each. This the 14th day of January, 1969. Marvin E. Moate, Representative, 28th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Marvin E. Moate who, on oath, deposes and says that he is Representative from the 28th District, and that the attached copy of notice of intention to introduce local legislation was published in the Eatonton Messenger which is the official organ of Putnam County, on the following dates: January 16th, 23rd, 30th, 1969. /s/ Marvin E. Moate Representative, 28th District

Page 3133

Sworn to and subscribed before me, this 24th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 23, 1969. CITY OF TIFTONCITY MANAGER'S SALARY. No. 384 (House Bill No. 604). An Act to amend an Act creating a new charter for the City of Tifton, approved August 14, 1920 (Ga. L. 1920, p. 1625), as amended, particularly by an Act approved February 12, 1951 (Ga. L. 1951, p. 2359), so as to change the salary of the city manager; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Tifton, approved August 14, 1920 (Ga. L. 1920, p. 1625), as amended, particularly by an Act approved February 12, 1951 (Ga. L. 1951, p. 2359), is hereby amended by striking from section 12 the following: ten thousand dollars ($10,000.00), and by inserting in lieu thereof the following: seventeen thousand five hundred $(17,500.00) dollars, so that when so amended section 12 shall read as follows: Section 12. Immediately after organization or as soon thereafter as possible said commission shall elect a city manager and fix his salary, which salary shall not be more than seventeen thousand five hundred ($17,500.00) dollars per annum. Said city manager need not be a resident of

Page 3134

the city, nor of the State, and shall not be elected for any designated period of time, but solely by reason of his executive and administrative qualification. The city manager shall be the chief executive officer of the city and may be removed by the commission at any time within six months after his appointment and qualification, at the will of the commission, but shall not thereafter be removed from office until served with written charges and given a public hearing before the commission. During any suspension or disability of said manager the commissioners shall designate some properly qualified person to perform the duties of the office. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned will introduce a Bill in the 1969 session of the General Assembly of Georgia to amend the charter of the City of Tifton so as to increase the maximum salary that may be paid to the city manager and for other purposes. This 4th day of February, 1969. Henry W. Bostick Representative, 63rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Henry W. Bostick who, on oath, deposes and says that he is Representative from the 63rd District, and that the attached copy of notice of intention to introduce local legislation was published in The Tifton Gazette which is the official

Page 3135

organ of Tift County, on the following dates: February 6th, 13th, and 20th, 1969. /s/ Henry W. Bostick Representative, 63rd District Sworn to and subscribed before me, this 24th day of February, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved April 23, 1969. CITY OF ASHBURNNEW CHARTER. No. 385 (House Bill No. 612). An Act to amend, consolidate and supersede the several Acts of the General Assembly of the State of Georgia, pertaining to the City of Ashburn in the County of Turner, to provide a new charter therefor; to organize the municipal government thereof; to prescribe the corporate limits; to provide for a mayor and council of the city and their function, authority, powers, duties, qualifications and election; to provide the power of veto and the manner of overriding the same; to provide for removal from office; to prescribe the corporate powers and authority; to regulate the appointment, qualifications, duties, authority and compensation of the officers and employees of the city; to provide for the authority of the mayor and council over said officers and employees; to create certain boards, commissions and departments and provide for the creation and regulation of others; to prescribe the qualifications of electors and voters, and the manner of holding elections in the city; to provide for the registration of voters; to prescribe

Page 3136

the qualifications of candidates for municipal elections; to establish a police court and provide for appointment of a recorder as presiding officer thereof; to establish the jurisdiction, powers and duties of the recorder; to prescribe procedures for the annexation of territory and the rights of residents in territory proposed to be annexed; to provide for public works and local improvements, the power of eminent domain for the condemnation of private property therefor, and the levy of assessments therefor; to authorize borrowing; to regulate appropriations and expenditures; to provide for ad valorem taxation: to provide for the taxing of occupations and other privileges; to prescribe the manner of collection of unpaid taxes and assessments; to prescribe the effect of this Act upon present officers of the city; to provide for the preservation of existing ordinances and laws not inconsistent with this Act, and the repeal of conflicting laws, and that the provisions of this Act are severable; to prescribe punishments for the violation of this Act, and for the violation of ordinances and regulations enacted pursuant thereto; to repeal an Act creating a new charter for the City of Ashburn in the County of Turner, approved August 26, 1906 (Ga. L. 1906, Act. No. 622, p. 509), as amended; to repeal certain other Acts affecting said city; and for other purposes. Be it enacted by the General Assembly of Georgia: Art. I. General Provisions, 1-1 1-5 Art. II. Mayor and Council, 2-1 2-25 Art. III. City Officers and Employees, 3-1 3-17 Art. IV. Powers of City, 4-1 4-63 Art. V. Police Court, 5-1 5-25 Art. VI. Penalties and Procedures on Arrest, 6-1 6-12 Art. VII. Registration of Voters, 7-1 7-20 Art. VIII. Elections, 8-1 8-14 Art. IX. Recall of Elective Officers, 9-1 9-16 Art. X. Directory and Transitory Provisions, 10-1 10-7

Page 3137

ARTICLE I. GENERAL PROVISIONS Section 1-1. Incorporation; Name, Style and Designation. The City of Ashburn, in Turner County, heretofore made a body politic and corporate by Acts of the General Assembly of said state, under the name of the City of Ashburn, shall continue a body politic and corporate, known by the corporate name of the City of Ashburn, hereinafter also referred to as the city. Section 1-2. City's Powers as Body Politic and Corporate. As a body politic and corporate, the city shall have power to govern itself and its inhabitants by such ordinances, resolutions, rules, regulations and by-laws for municipal purposes as may be adopted and promulgated under the terms and provisions of this charter, not in conflict with the Constitution or laws of this state or of the United States, with power in and by its corporate name to sue and be sued, plead and be impleaded in all courts, have and use a common seal, buy, hold, exchange, sell and convey property, make all necessary and lawful contracts, transact all of its business, and do all other things necessary to promote the municipal corporate purposes of said city. Said corporation, through its mayor and councilmen, shall have all of the powers and privileges incident to municipal corporations under the laws of the State of Georgia, and all other powers necessary and proper to make, regulate, maintain and preserve a proper and legal government for said city. Section 1-3. Corporate Limits Designated. The territorial limits of the City of Ashburn shall include the following described territory: Commencing at a point where the Georgia, Southern and Florida Railway depot in said city was situated in 1906, and extending one (1) mile south from said point, and one (1) mile north from said point, three-quarters ([UNK]) of a mile east from said point and three-quarters ([UNK]) of a mile west from said point, so that the boundary line of said city shall be east and west one and one-half (1) miles and north and south two (2) miles; and

Page 3138

For a point of beginning, run along the first described eastern boundary line of said city north no (0) degrees, thirty-six (36) minutes east one thousand two hundred sixty-six and seven-tenths (1,266.7) feet from the point where original land lots numbered one hundred nine (109), one hundred ten (110), one hundred thirty-one (131) and one hundred thirty-two (132) corner in the second land district of Turner County, Georgia, and from said beginning point run south eighty-nine (89) degrees twenty-four (24) minutes east three thousand one hundred eighty-five and four-tenths (3,185.4) feet to a corner; thence running north twenty (20) degrees thirty-seven and one-half (37) minutes west on a line, which for the most part, is parallel to, and five hundred (500) feet away on a perpendicular line from the eastern boundary of U.S. Highway Interstate seventy-five (I-75), to the point where such line, as thus run and extended, intersects the original land lot dividing land lots numbered one hundred forty-three (143) and one hundred sixty-four (164), in the second land district of Turner County, Georgia; thence along said original dividing land lot line in a westerly direction to the point where said land lots corner with lots one hundred forty-two (142) and one hundred sixty-five (165), in said land district; thence continuing along the dividing line between said lots one hundred forty-two (142) and one hundred sixty-five (165), to the point of intersection of said original land lot line with the center line of Georgia State highway number one hundred fifty-nine (159); thence down the center line of said highway in a southerly direction to its point of intersection with the first described northern boundary of the city; the additional territory to be taken in to include that area lying between the northern and eastern boundaries of said city as first described and the boundaries as described in this paragraph. Section 1-4. Conveyance of Property Sold Under Process of City. Whenever any real property is sold under any process of the city the officer making the sale shall have the power and authority to convey the same by proper conveyance to the purchaser, but all such property that may be sold under execution for city taxes shall be subject to redemption,

Page 3139

within the period allowed by law, of property sold under execution for state and county taxes. Section 1-5. Interest in Contracts, Purchases, Sales Prohibited. Neither the mayor, nor any member of the council, nor any city officer, shall be interested, directly or indirectly, in any contract made with the city, or receive any profit or emolument for any purchase or sale of material or other articles paid out of the public revenue, or for which the city becomes responsible. ARTICLE II. MAYOR AND COUNCIL Section 2-1. Mayor, Five Councilmen Elective Officers of City. The elective officers of the city shall consist of a mayor and five (5) councilmen who at the time of their election must be qualified and registered voters of said city. The mayor and councilmen now in office shall serve until the expiration of the terms for which they were elected and until their successors are elected and qualified as provided in sections 2-2 and 2-3. Section 2-2. Terms of Office; Designating Posts. The mayor and all councilmen shall be elected for terms of two (2) years, and shall take office on the first Thursday in January immediately succeeding their election. There shall be an election each year on the first Thursday in December; the mayor and two councilmen to be elected in one year and three councilmen to be elected in the succeeding year, as heretofore was provided. They shall serve until their successors are elected and qualified. Section 2-3. Designating Council Posts. For the purposes of electing councilmen, positions on the council are numbered as posts, numbered one (1) through five (5), respectively. The position presently occupied by Councilman W. C. Britt shall be Post No. 1. The position presently occupied by Councilman A. G. Reinhardt shall be Post No. 2. The position presently occupied by Councilman O. P. Stewart shall be Post No. 3. The position presently occupied by Councilman Raymond West shall be Post No. 4. The position presently occupied by Councilman C. S. Johnson shall

Page 3140

be Post No. 5. In all elections, each candidate for councilman shall designate by number that position on the council for which he offers as a candidate. The candidate receiving a plurality of the votes cast for each such position shall be declared elected. Section 2-4. Residence Requirements; Effect of Change of Residence. Should a councilman or the mayor remove his residence from the city, such removal shall effect an automatic vacancy in the office held by the person so moving, to be filled as provided in section 2-5 or 2-6, whichever is applicable. Section 2-5. Vacancy in Office of Mayor. In the event the office of the mayor shall become vacant by death, resignation, removal or otherwise, the mayor pro tem shall act as mayor during the balance of said term, and exercise all the rights and powers of the mayor during said term; provided, that at the time of such vacancy, there shall be not more than six (6) months before the expiration of said mayor's term of office. If said unexpired term is longer than six (6) months from the date of such vacancy, the council shall, within fifteen (15) days after such vacancy occurs, order a new election, which shall be held and managed in the same manner as hereinafter provided for city elections, and at which special election a successor for the unexpired term caused by said vacancy shall be elected. Section 2-6. Vacancy in Council. A vacancy occurring among the members of council shall be filled for the unexpired term at an election by the mayor and remaining members of council; provided, at the time of such vacancy there shall be not more than six (6) months before the expiration of said councilman's term of office. If said unexpired term is longer than six (6) months from the date of such vacancy, the council shall, within fifteen (15) days after such vacancy occurs, order a new election, which shall be held and managed in the same manner as hereinafter provided for city elections, and at which special election a successor for the unexpired term caused by said vacancy shall be elected.

Page 3141

Section 2-7. Oath of Office. The mayor and councilmen shall, before entering upon the discharge of their duties, each take and subscribe before some officer authorized by law to administer same, the following oath: I do solemnly swear that I will faithfully and uprightly demean myself as mayor (or councilman) of the City of Ashburn and discharge the duties of my office during my continuance in office; that I will to the utmost of my skill and ability promote the general welfare of the inhabitants of the city and the common interest thereof. Section 2-8. Salary of Mayor. The mayor shall receive a salary of not less than seven hundred twenty dollars ($720.00) per year and not more than one thousand two hundred dollars ($1,200.00) per year, as the mayor and council may fix by ordinance or resolution, payable monthly; provided however, that any salary so designated for a mayor shall not be effective during the term of office of the mayor then in office. Section 2-9. Salaries of Councilmen. Each councilman shall receive a salary of not less than four hundred twenty dollars ($420.00) and not more than six hundred dollars ($600.00) per year, as the mayor and council may fix by ordinance or resolution; provided however, that any salaries so designated for councilmen shall not be effective during the terms of office of the councilmen then in office. Section 2-10. Mayor and Council Constituted Governing Body of City. The mayor and council shall constitute the legislative and governing body of the city, and shall enact all ordinances and resolutions, and adopt all regulations with all the power and authority granted by this charter. Section 2-11. Appointment, Authority of Mayor Pro Tem. The mayor and council shall appoint a mayor pro tem from the members of the council, who shall in the absence of the mayor have all the power vested in the mayor by this charter. Section 2-12. Meetings; Quorum Fixed. The mayor and

Page 3142

council shall meet once each month at such time and at such place as is fixed by them by resolution or ordinance. The mayor may call special meetings of the council at any time deemed advisable by him. The mayor or mayor pro tem, and three (3) councilmen, shall constitute a quorum. Section 2-13. Duty, Authority of Mayor to Convene Council. The mayor shall convene the council when so requested, in writing, by a majority of the members thereof, or when it seems to be important to the welfare of the city; provided however, that in the event the mayor refuses to convene the council when requested to do so as provided above, the council shall have the power and authority upon direction of an absolute majority thereof to call itself into session. Section 2-14. Mayor and Presiding Officer of Council. The mayor of the city shall be the presiding officer of the council, and cast the deciding vote in case of a tie. Section 2-15. Meetings to be Public; Exception. All meetings of the mayor and council shall be in public, except such executive sessions as may be provided for by ordinance. Section 2-16. Rules and Order of Business. The mayor and council shall have the power to establish their own parliamentary rules and order of business. Section 2-17. Minutes of Proceedings to be kept. The mayor and council shall keep minutes of their proceedings in a special minute book kept for that purpose. Section 2-18. Access to Minutes, Records of Meetings. Any citizen shall have access to the minutes and records of meetings of the mayor and council at all reasonable times, at the office of the city clerk. Section 2-19. Approval of Ordinances by Mayor; Effect of Lack of Approval. All ordinances adopted by the mayor and council shall be signed and approved by the mayor, but any ordinance shall become law without the signature of

Page 3143

the mayor unless the mayor within four (4) days after its enactment shall deliver to the city clerk his written veto thereof. Section 2-20. Veto Power of Mayor. The mayor shall have the veto power and may veto any ordinance or resolution of the council, in which event the same shall not become a law unless subsequently passed over his veto by the vote of at least four (4) councilmen on a yea and nay vote, duly recorded on the minutes of the council; but unless the mayor shall file in writing with the city clerk his veto of any measure passed by that body with reasons which impel him to withhold his assent within four (4) days of its passage, the same shall become a law just as if approved and signed by the mayor. Section 2-21. Mayor as Presiding Officer of Police Court. Until such time as the office of recorder is established and a recorder is selected and enters office, the mayor shall preside over the police court for the trial of offenders against the ordinances of the city, and shall have power to impose such fines and punishment as are provided for in this charter. Section 2-22. Authority of Mayor to Remit, Reduce Fines, to Parole Offenders. As presiding officer of the police or recorder's court, the mayor shall have the power and authority to remit or reduce the fines imposed in the police court of the city upon persons convicted therein for violating any of the laws or ordinances of said city, and shall also have the authority to parole on good conduct persons convicted in said court of violating the laws and ordinances of said city, under such rules and regulations as the mayor and council may by ordinance prescribe. Section 2-23. Mayor to Sign Deeds and Contracts. The mayor shall sign all deeds and contracts made for or by the city which shall have been ordered or approved by the mayor and council duly assembled in their corporate capacity. Section 2-24. Mayor as Justice of the Peace. The mayor

Page 3144

and mayor pro tem shall have all the powers of a justice of the peace to issue warrants, to try and to commit to the superior court in Turner County for trial all violators of the laws of this State for offenses committed within the corporate limits of the city. Section 2-25. Recall of Mayor, Councilmen. The mayor and councilmen of the city, or any of them, shall be subject to recall and removal from office as provided in article IX of this charter. ARTICLE III. CITY OFFICERS AND EMPLOYEES Section 3-1. Designation, Term Generally. At the first regular meeting of the mayor and council after its qualification, or as soon thereafter as practicable, the following municipal officers of the city shall be elected by the mayor and council and shall hold their office for a term of one (1) year and until their successors are elected and qualified, to wit: An attorney, a city clerk, a city treasurer, three (3) city tax assessors, a police force, and such other officers, heads of departments and their assistants as are deemed necessary and appropriate; provided however, that the offices of city clerk and city treasurer can be combined and filled by one person. Elections hereunder for said officers shall be held at the first meeting of the mayor and council after their qualification, or as soon thereafter as practicable. Section 3-2. Selection of Officers, Prescribing Duties, Fixing Compensation. The mayor and council of the city shall have the right to elect such municipal officers besides those specified in this article, as to them seem necessary and proper therefor when necessary, by ordinance or resolution, and in the same manner prescribe their duties and fix their compensation; provided, however, the creation of any additional office shall be by ordinance. Section 3-3. Qualifications for Appointive Office. Any person who has attained the age of twenty-one (21) years and is a qualified voter in the City of Ashburn, shall be eligible to hold any appointive office; provided however,

Page 3145

that the mayor and council shall have the authority to waive the foregoing eligibility requirements when they deem it to be in the best interests of the city to do so. Section 3-4. Oath of Office, Bond. All officers and employees of said city shall be required to take such oath to properly perform their duties, and to give such bond, payable to the mayor and his successors in office, for the benefit of the city and for the use and benefit of the public, to secure and indemnify the city and the public for any loss or damage by reason of their default, misfeasance, nonfeasance, nonfeasance or negligence, as the mayor and council may by ordinance prescribe. Section 3-5. Compensation. Each of the officers of the city shall receive such compensation as the mayor and council may by resolution or ordinance prescribe; provided however, that the salaries of all city officers, when fixed and determined by the mayor and council in the manner prescribed in this charter and in the manner prescribed by the laws and ordinances of the city, shall not be diminished during the terms of office for which such officers are elected. Section 3-6. Duties. In addition to the duties prescribed in this article, each of the officers of the city shall perform such other duties as may be provided by the mayor and council by ordinance. Section 3-7. Vacancy in Office. In the event of a vacancy occurring in any of the offices enumerated in this article, or in any other office created by the mayor and council, an election to fill the unexpired term shall be held by the mayor and council within fifteen (15) days thereafter, or at such other time as the mayor and council shall designate. Section 3-8. Suspension by Mayor. Each of the officers provided for herein shall at all times be subject to suspension for cause, by the mayor, in his discretion, but such suspension shall be reported within ten (10) days to the

Page 3146

council for action on its part, under the provisions of this charter. Section 3-9. Suspension, Fine, Removal from Office; Authority of Mayor and Council. All officers elected by the mayor and council shall at all times be subject to the jurisdiction of the council and amenable to its discipline, and said mayor and council shall have the power to suspend, fine or remove any of said officers by a majority vote of the whole body, the mayor voting, for any cause that may seem just and proper. Section 3-10. Duties of City Clerk. (a) Designation as clerk of council, ex officio clerk. The city clerk shall be the clerical officer of the council and shall be the keeper of the seal of the city; he shall also be ex officio clerk of the police court of the city, and attend its sessions; he shall be ex officio tax collector of said city; he shall also be ex officio clerk of the board of tax assessors, and he shall be ex officio clerk or secretary of any other board of said city, created under the provisions of this charter or that may be created and established under the laws and ordinances of the city. (b) Duties as clerk, ex officio clerk. The duties of the city clerk as clerk of the council and as ex officio clerk of the police court, as ex officio tax collector, and as ex officio clerk or secretary of any board or commission of the city, shall be such as are prescribed in this charter and as shall be prescribed under and by the laws and ordinances of the city and by the mayor and council. In addition, the mayor and council may provide by ordinance that the city clerk perform the duties of the city treasurer. Section 3-11. Duties of City Treasurer. It shall be the duty of the city treasurer to receive and safely keep all monies and funds of the city that may come into his hands from every source; to keep separate accounts of same as may be provided or required under and by the laws and ordinances of the city; and he shall only pay out said funds in the way and manner as may be prescribed and provided for by and under the laws and ordinances of the city. The

Page 3147

city treasurer shall also be ex-officio tax receiver of the city, and as such shall receive the returns of property for taxation in the city at such times and under such rules and regulations, laws and ordinances as the mayor and council shall prescribe and enact; and he shall perform any and all further duties as city treasurer and as city tax receiver as the mayor and council shall by ordinance prescribe. Section 3-12. Authority, Duties of City Attorney. (a) Authority. The city attorney shall be the legal representative of the city and the legal advisor thereof, and in such capacity shall represent the city in all matters in which the city is interested or involved. (b) Duties. The duties of the city attorney shall be such as are required by the ordinances and laws of the city and by the direction of the mayor and council. (c) Additional counsel. Whenever in the judgment of the mayor and council, it shall be advisable to employ additional counsel to assist the city attorney, authority to do so is hereby conferred upon the mayor and council. Section 3-13. City Tax Assessors. (a) Selection, term. The mayor and council shall, at their first meeting in January of each year, elect three (3) persons, citizens and qualified voters of said city and owners of real estate therein, as city tax assessors, whose terms of office shall be one (1) year. (b) Oaths, compensation. The city tax assessors shall take such oaths and receive such compensation as the mayor and council may prescribe. (c) Vacancies. All vacancies occurring in the office of the city tax assessor from any cause may be filled by the mayor and council at any time. (d) Rules for government. The mayor and council shall have the authority to prescribe rules for the government of said city tax assessors.

Page 3148

(e) Assessment of property . It shall be the duty of said tax assessors to assess the fair market value of real estate in said city for the purpose of taxation by said city, and it shall be their duty to examine the tax returns placed before them by the officers receiving the same, and increase the valuation of personal property thereof when in their judgment the fair market value therefor is too small. Said assessors shall make returns of the assessments made by them to the mayor and council each year at such time as the mayor and council may by ordinance direct. (f) Authority to require information . The city tax assessors shall have the power to require any taxpayer to furnish them a list of all notes, accounts, mortgages, stocks, bonds and other securities and investments wherever in their opinion the same is necessary for a correct assessment and to punish for contempt as may be prescribed by ordinance for failure or refusal to do so. (g) Ordinances to implement section . The mayor and council shall have the power and authority to pass such ordinances as are required to accomplish the purposes of this section. (h) Appointment of full-time assessor . In lieu of the city tax assessors provided for herein, the mayor and council may provide by ordinance for the appointment of one (1) tax assessor, who shall devote full time to his office and who shall perform the duties herein provided for the tax assessors, and such other duties as shall be prescribed by ordinance of the mayor and council. Section 3-14. Police . (a) Selection . At its first regular meeting after qualification, or as soon thereafter as practicable, the mayor and council shall elect one (1) chief of police, one (1) assistant chief of police and as many additional policemen, and a detective force, as in the judgment of the said mayor and council may seem proper and necessary. (b) Term of office . Said officers shall be elected for a term of one (1) year, or as may be prescribed in any civil

Page 3149

service system which may be established, and until their successors have been appointed and qualified. (c) Oath of office . Said officers shall take and subscribe such oaths as the mayor and council may prescribe. (d) Bond . Said officers shall give bond with good and sufficient security to be approved by the mayor and council of the city in such amount as may be determined upon by the mayor and council for the faithful performance of their duties and to account for all monies that may come into their hands as such officers of the city. (e) Compensation . Said officers shall be paid such compensation as may be prescribed by the laws and ordinances of the city; provided however, that said officers shall receive, in addition to such salaries as may be fixed and prescribed by the mayor and council, such fees and commissions as may be prescribed by the laws and ordinances of the city, and by the mayor and council. (f) Suspension, removal . The mayor and council of the city shall have the right at any time, without trial, to suspend or remove any of said officers for breach of duty, failure to perform his duty, insubordination, incapacity, conduct unbecoming an officer or a gentleman, or for other good and sufficient cause or reason, to be adjudged by the mayor and council. The mayor may at any time during a recess of council, suspend any of the said officers for any of the above enumerated reasons for a period not to exceed thirty (30) days, without pay, and appoint a substitute therefor. (g) Duties . Said officers shall perform such duties as are provided for in this charter and as may be prescribed and required of them by the laws and ordinances of the city and by the mayor and council. Section 3-15. Fire Department; Establishment, Maintenance . The mayor and council shall have the power and authority, by ordinance, to create and establish a fire department in said city; to provide for the personnel therefor and equipment thereof; to purchase any necessary apparatus;

Page 3150

and to make any needful rules and regulations for its proper maintenance. Section 3-16. Deputies for Principal Officers. The mayor and council may appoint such deputies as they may see fit. Each deputy so appointed shall have and may exercise all powers, duties, functions and authority as shall be vested in the principal officer for whom he is deputy, including all powers, duties, and functions vested in the principal officer ex officio. All deputies shall serve at the pleasure of the mayor and council, shall receive such compensation, and shall give such bond as the mayor and council shall provide. Section 3-17. Restriction Upon Contracts for Personal Services. No contract shall be made which binds the city to pay for personal services to be rendered for any stated period of time. All appointive officers and employees shall be subject to peremptory discharge as herein provided. ARTICLE IV. POWERS OF CITY Section 4-1. Adoption of Ordinances, Resolutions, Generally. (a) Reading required. All ordinances and resolutions, before they shall pass, shall be read once, at a regular meeting of the mayor and council. (b) Signature, countersignature required. All ordinances and resolutions shall be signed by the mayor or the officer presiding at the time of their passage and countersigned by the city clerk. (c) Content, record of ordinances; existing ordinances preserved. All ordinances and resolutions shall be in writing and have endorsed thereon the name of the councilman introducing same and the date of its reading. Such ordinances or resolutions shall be numbered and filed and properly preserved. There shall be kept by the city clerk a regular ordinances and resolution book, in which all ordinances and resolutions, after their passage and adoption, shall be fairly and accurately printed or engrossed, the

Page 3151

record of which shall be signed by the mayor, acting mayor, or the officer presiding at the time of the passage of the same, and countersigned by the clerk of council under the seal of the city; provided however, that nothing herein contained shall operate to prevent said mayor and council from adopting such rules and regulations governing the passage and adoption of ordinances and resolutions which do not conflict herewith; provided further, that nothing contained in this and the previous paragraphs hereof shall affect in any manner any valid existing ordinance of said city, not in conflict herewith. Section 4-2. Scope of Police, Legislative Power of City. The mayor and council of the city shall have the power to enact and enforce all ordinances necessary to protect health, life and property and to prevent and summarily abate and remove all nuisances and to preserve and enforce the good government, order, security and dignity of the city and its inhabitants; and to enact and enforce ordinances on any and all subjects, provided that no ordinance shall be enacted inconsistent with the provisions of this charter or the general laws or Constitution of the State of Georgia. Section 4-3. Scope of Ordinances, Rules, By-Laws. Authority to carry out and effectuate by ordinance each power granted to the city in this charter is hereby expressly conferred on the mayor and council of the city. Section 4-4. Enumeration of Powers not Exclusive. The enumeration of powers in this charter shall not be held or deemed to be exclusive, but in addition to the powers enumerated herein, implied hereby, or appropriate to the exercise thereof, the city shall have and may exercise all other powers which under the Constitution and laws of the State of Georgia, it would be competent for this charter specifically to enumerate, it being the intention hereof that the powers of the city shall extend to all matters of local and municipal government. Section 4-5. Corporate Powers Enumerated. The mayor and council shall have the following powers:

Page 3152

(1) Acquisition, disposal of property. To acquire property, within or without the city, in fee simple or lesser interest or estate, by purchase, gift, devise, appropriation, lease or leases with privilege to purchase for any municipal purpose, and may sell, lease, hold, manage and control such property as specified and provided for; (2) Furnishing public services. To furnish all local public services, as herein specified and provided for; (3) Public utility franchises. To grant local public utility franchises and regulate the exercise thereof; (4) Taxation. To assess, levy and collect taxes for general and special purposes on all subjects or objects which the city may lawfully tax; and to provide by ordinance for reporting all property in the city subject to taxation by the city, whether such property be realty or personalty, tangible or intangible, and to require all persons owning such property to file a written statement and description of such property with the fair market value thereof under oath; and to prescribe by ordinance a penalty for failure to make such return or report within the time prescribed by ordinance; provided such penalty shall not exceed the sum of one dollar ($1.00) against such person or taxpayer failing to make or file such return. Such penalty shall be a lien upon property of the defaulter and shall be collected in the same manner as the taxes of the city. Such penalty shall be established at the discretion of the mayor and council at the time taxes are levied; (5) Bonds, notes. To borrow money on the faith and credit of the city by the issue and sale of bonds or notes of the city. (6) Appropriations. To appropriate the money of the city for all lawful purposes; (7) Public works and improvements. To create provide for, construct, regulate and maintain all things in the nature of public works and improvements, including the power of eminent domain;

Page 3153

(8) Assessments for local improvements. To levy and collect assessments for local improvements on property benefited thereby; (9) Licensing, regulating businesses, trades, etc. To license and regulate persons, corporations and associations engaged in any business, occupation, profession or trade; (10) Abatement of nuisances, detrimental conditions. To define, prohibit, abate, suppress and prevent within the city, and for a distance of five thousand (5,000) feet outside its limits, all nuisances and causes thereof, and all things detrimental to the health, morals, safety, convenience and welfare of its inhabitants; (11) Purity of water supply. To make all needful regulations applicable within and without the city, for securing and preserving the purity of its water supply; (12) Preservation of public health. To do all things necessary or desirable to secure and promote the public health; (13) Construction, size, use of buildings. To regulate the construction, reconstruction, material, location, height, maintenance and occupancy of buildings, signs and signboards and other structures; (14) Streets, public places. (a) To regulate and control the use, for whatever purpose, of the streets and other public places of the city, and to open and close streets; (b) Pave or otherwise improve the whole or any part of any street, sidewalk or alley of said city, without giving any railroad company, or other property holder or occupant on the street the option to pave or otherwise improve the same or any part thereof by themselves or by contract; (c) Remove any building, stall, booth, tent, awning, steps, gate, fence, post, wire, stump, tree, structure, pole, or other obstruction or nuisance in a public street, sidewalk or way or so near thereto as to constitute a defect or render the city liable in damages for not removing it, or cause the

Page 3154

aforesaid to be removed at the owner's expense if the owner shall fail or refuse to remove the same within such reasonable time as may be fixed by order of the mayor or city recorder, and execution shall issue against said owner for the expense thereof as in case of executions for unpaid taxes, and said owner shall also be subject to punishment for maintaining a nuisance; (d) Regulate, lay out, open, relocate, straighten, improve, grade, and control old and new streets, lanes, alleys, street curbing, street crossing and sidewalks, and no person or corporation shall at any time hereafter lay out, locate, relocate, open, extend, or close any street, lane, road, alley, way, sidewalk, park or square contrary to the plan of the city nor without the consent of the mayor and council, and any application for this purpose shall, with an appropriate plat, first be filed with such officer as the mayor and council may designate by ordinance, and notice thereof shall be given the public or parties in interest by publication of notice as required by law and the ordinances of the city. If such application is granted, the owner shall relinquish all rights and title to the area involved and the same shall pass to and become vested in the city, and all management and control over the same shall pass unequivocably to the city; (15) Dog license; animals. To impose and collect a license and a tax on dogs within the city in such a manner and mode as it may deem best; and to regulate, suppress and prohibit animals at large in the city; and to regulate the keeping of animals; (16) Building trades and professions. To license electricians, plumbers, contractors and others and to require examinations as conditions precedent to granting of such license; create examining boards and prescribe by ordinance the minimum requirements in such examinations, and to appoint the members of such boards; (17) Replacing, etc. old sewers, streets, etc. To condemn or cause wornout sewers, street pavement, street curbing, or sidewalks within the city to be condemned, reconstructed,

Page 3155

replaced or repaired, as the case may require, at the expense of owners of lots of real estate abutting thereon (or against the real estate and owner or owners thereof for whose sole benefit such improvement exists in case of sewers laid solely for the benefit of persons other than owners of real estate abutting thereon), and assess the cost thereof (or in case of street paving such part of the costs as the mayor and council shall deem just and proper) against such abutting lots of real estate and the owners thereof (or in case of sewers constructed solely for the benefit of a person or persons other than abutting lot owners against other real estate, and the owners thereof for the sole benefit of which such sewer exists), as in the case of original construction of the same kind of improvements; (18) Civil service; retirement. To provide, by ordinance, a civil service system for city officers and employees and/or provide by ordinance for a system of retirement for city officers and employees, which retirement system may be that of old age and survivor's insurance; (19) Subdivisions. To regulate the subdivision of land in the city by requiring and regulating the preparation and presentation of preliminary plats, by establishing minimum improvements to be made or to be guaranteed to be made by the subdivider, by setting forth the procedure to be followed by the planning commission in applying rules, regulations, and standards, and by providing for penalties for violation of aforesaid rules, regulations, and standards; (20) Offices, departments, personnel. To create, establish, organize and abolish departments and offices, and fix the salaries and compensation of all officers and employees; (21) Police, sanitary, similar regulations. To make and enforce local police, sanitary and other similar regulations; (22) Ordinances for benefit of city. To pass such other ordinances as may be expedient for maintaining and promoting the peace, safety, good government and welfare of the city and for the performance of the functions thereof;

Page 3156

(23) Imposition of fines and penalties. To try and punish all offenses and violations against the laws and ordinances of the city; and upon conviction to punish offenders as provided in section 5-7; (24) House numbering. To establish a system of numbering houses in the city, and to assign appropriate street numbers to the various houses on the various streets, alleys, roads, lanes, drives and ways of the city, and to compel said houses to be properly numbered; (25) Sewers. To control by ordinance the time, terms, conditions, and places of all sewer connections and how much surface or drainage water may flow into such sewers, and the terms and conditions on which it will be permitted, and at what points, and generally all matters relating to the construction use, control, maintenance, repair, replacement, improvement and removal of sewers and sewer connections, and the cutting and replacing of pavement and other adjacent structures shall at all times be under the control and regulation of the city council in its fair and legal discretion; (26) Culverts, pipes, drains, sanitary fixtures. To control by ordinance the construction, maintenance and removal and replacement of all city culverts, pipes, sewers, drains, private drains, water closets, urinals, privies, toilets, and the like, and provide for their location, structure, size and use, and pass such ordinances concerning them and their use in all particulars, as may be deemed best for the health, comfort and general welfare of the inhabitants of the city. The mayor and council shall have power and authority to prescribe by ordinance the kind of water closets, urinals, privies and plumbing which shall be used in the corporate limits, and to condemn and compel the disuse of same when they do not conform to such requirements, or when they shall become and are declared a nuisance by a court having jurisdiction. The mayor and council shall also have power and authority to compel the owner or owners of property within the city to connect water closets, sinks, commodes and urinals on their property with the sewers and sanitary system of said city when such property is located

Page 3157

within a reasonable distance of such sewer, and under such rules and regulations as may be prescribed by ordinance. If any property owner shall fail or refuse to make connections as required by city ordinance or resolution, such owner shall be punished as provided by ordinance; (27) Contracts with other political subdivisions. To contract with other municipalities and political subdivisions, and to cooperate with other municipalities and political subdivisions, in acquiring, establishing, constructing, building, maintaining and/or operating such garbage disposal, water, sewerage, electric and/or gas plants, lines and/or facilities, and streets, sidewalks and parks within and/or without the limit of the city, as well as library and other institutions, utilities and/or services, in addition to existing plants, systems, building, facilities, lines and services as the mayor and council may at any time deem for the best interest of said city; (28) Additional powers. To exercise, in addition to the powers enumerated in this section, all powers that now are, or hereafter may be, granted to municipalities by the Constitution or laws of the State of Georgia; and all the powers of the city, whether expressed or implied, shall be exercised and enforced in the manner prescribed in this charter, or when not so prescribed, then in such manner as may be provided by ordinance or resolution of the council. Section 4-6. Code of Ordinances, Resolutions, Rules; Adoption, Modification, Repeal. The mayor and council shall have the power and authority to adopt by reference, without the necessity of publishing the same in any newspaper, and maintain and declare of force a code of the ordinances, resolutions and rules of said city, which code may consist of and contain such ordinances, resolutions and rules now of force and effect as the mayor and council may deem proper to include therein, or a revisions thereof, or of entirely new ordinances, resolutions and rules, or both, as the mayor and council deem appropriate to include therein. Said code shall be subject to amendment or repeal, in whole or in part, at any time; provided however, that the ordinance

Page 3158

adopting a Code shall be passed in accordance with section 4-1. Section 4-7. Nuisances. (a) Order adjudging and abatement. The mayor and council may provide by ordinance for any building, structure, or condition maintained in violation of any valid law of this state or any valid ordinance of the city to be adjudged a nuisance and for its abatement at the owner's expense upon his failure or refusal to abate same within the time prescribed by ordinance after written notice from the city to do so. (b) Abatement notice to nonresidents. In nuisance abatement proceedings by said city, where the nuisance consists of a condition or conditions of property of an individual residing without the limits of the city or of a corporation having its office without the limits of the city, notice shall be served upon such owner or his agent within Turner County, if either can be found within the county, but if said owner cannot be served in such manner, a warrant for the arrest of such individual owner shall issue against such owner and shall be executed by any sheriff, deputy sheriff, constable, marshal, policeman or coroner of any city, town or county in this state, and the city recorder shall cause such nuisance to be abated at the expense of such owner, and an execution for such expense shall be issued by the city clerk, which execution shall be levied on any real estate or personal property of the accused which may be located within the city or wherever it may be found, and such expense and execution shall constitute a lien against all property of such accused owner, which lien shall be prior and superior to all other liens except liens for taxes. Property levied upon under such action shall be advertised and sold as property is sold for taxes in the city, unless such levy is arrested by affidavit of illegality or other appropriate proceedings, and all further proceedings in relation to such execution shall be the same as in case of executions of the city for street paving costs and similar assessments. Section 4-8. Public Health and Sanitation. The mayor and council of the city shall have the power and authority

Page 3159

to provide for the inspection and regulation of the sanitary condition of all premises within the city limits; for the removal of garbage, sewage, refuse and insanitary or offensive vegetation; to provide for establishing a lien against affected property for any expenses incurred by the city in enforcing this provision; and to provide for the making and enforcing of all proper and reasonable regulations for the health and sanitation of said city and its inhabitants. Section 4-9. Policing Public Places, Protecting Water Supply. The mayor and council of the city shall have the power to police all parks, public grounds, streets, avenues, alleys and other public places owned by said city, within or without the city limits, to prohibit the pollution of all sources of water supply of said city; and to provide for the protection of water sheds. Section 4-10. Fire Protection and Prevention. (a) Enactment, scope. The mayor and council of the city may enact any and all ordinances, rules and regulations necessary to lay out and prescribe a fire district or fire districts thereof in the city, and to enlarge, change or modify the limits thereof from time to time; to prescribe when, how and of what material buildings and other structures may be erected, repaired or covered, how walls, chimneys, stovepipes and flues are to be constructed; to provide for fire escapes in buildings; and generally to do all such things and to pass such laws and ordinances as the mayor and council may deem necessary in order to protect said city as far as possible from dangers from fire and to prevent the spread of fire from one building or structure to another, and for the protection and safety of the people. (b) Changing, removing construction. The mayor and council shall have the authority to order any changes in the construction or arrangement of buildings and other structures, chimneys, stovepipes or flues, and to order the removal thereof when in their judgment the same are dangerous or likely to become so, and to make the owner of the affected premises pay the expense of such change or removal,

Page 3160

which expense may be collected as taxes are collected. (c) Removal, alteration of building. If any person, firm or corporation shall erect or maintain any building or other structure that is not in accordance with the laws and ordinances of the city, the mayor and council may order such person, firm or corporation to remove or alter the same within the time limit specified therefor, and if such person, firm or corporation shall not remove or alter such building or other structure after such notice to do so is given, then said mayor and council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected as taxes are collected. (d) Adoption of Codes, rules. The mayor and council may enact ordinances adopting by reference any code or set of rules published by a recognized trade or professional association, for the prevention of fires or protection against fires. Section 4-11. Building, Repairing, Removing of Building, Other StructuresGenerally. (a) Scope of authority. The mayor and council of the city shall have full power and authority to regulate the building or the repairing of any buildings or other structures within the corporate limits of said city or the removal thereof; to require persons desiring to build, repair or remove buildings or other structures in said city to first obtain a permit from the mayor and council or from such officer as shall be authorized to grant the same before erecting, repairing or removing same; to refuse to allow buildings or other structures to be erected, repaired or removed in said city when satisfied that said buildings or other structures or addition thereto, or repair thereof, or removal of the same, will be manifestly against the best interests of the city or will endanger the safety or health of the citizens or be likely to become a nuisance and offensive to the property owners or residents of said city; to require applications for permits to be made and to prescribe how they shall be made, what they shall contain, and with whom they shall be filed; and to provide for the removal, at the expense of the owners

Page 3161

thereof, of buildings or other structures erected, repaired or removed in violation of such rules and regulations as may be prescribed by such mayor and council for the building, repairing or removing of buildings or other structures in said city. (b) Inspections. The mayor and council shall have the power and authority to provide for the inspection of the construction of all buildings and other structures in respect to proper electrical wiring, piping for gas, flues, chimneys, plumbing and sewer connections; and to enforce proper regulations in regard thereto. (c) Ordinances to implement section. The mayor and council of said city are hereby authorized and empowered to enact all ordinances to accomplish the provisions of this section, and to provide a penalty for the violation of such ordinances. (d) Adoption of Codes, rules. The mayor and council may adopt by reference any code or set of rules published by any recognized trade or professional association, for carrying into effect the purposes of this section. Section 4-12. SameRegulating Safety of Buildings and Other Structures. The mayor and council shall have the power and authority to enact and enforce all ordinances and resolutions necessary to regulate the safety of all buildings and other structures. Section 4-13. SameExits, Fire Escapes, Construction and Sufficiency. The mayor and council shall have the power and authority to require the construction of fire escapes, and to determine the sufficiency and regulate the safety of all exits and fire escapes provided on buildings of every kind and character. Section 4-14. Franchises, Permits, Easements and Rights-of-wayGranting. (a) Scope of authority. The mayor and council of the city shall have the power and authority to grant franchises, permits, easements, and rights-of-way in, on, under and over the streets, alleys, lanes,

Page 3162

squares, sidewalks, parts and other property of said city, upon such terms, conditions, reservations, restrictions and limitations as the mayor and council may fix and prescribe; provided however, that the same shall not be granted (for a period longer than twenty years), without adequate compensation to the city; provided further, that the same or any of them shall be subject to taxation by the city. (b) Application, notice, granting. The mayor and council shall have the power and authority by ordinance to prescribe the method of making application for any such franchise, easement, permit and right-of-way; what said application shall contain; to provide for notice of such application to be published; to provide when such franchise, permit, easement or right-of-way, if granted, shall become operative; and generally to prescribe such rules and regulations in respect to applications for same, the filing, publication of notice, and the granting of same as the mayor and council may deem necessary or advisable. (c) Ordinances to implement section. The mayor and council shall have the right and power to pass such ordinances as may be necessary to accomplish the provisions of this section and to prescribe penalties for the violation of said ordinances. Section 4-15. SameErection of Structure in Street, Sidewalk, Public Place. The mayor and council shall have full power and authority to grant to any person, firm or corporation the right to erect or maintain a structure or obstruction in a public street, sidewalk or other public place, upon such terms and conditions and subject to such restrictions as the mayor and council shall deem appropriate. Section 4-16. Control of City Parks and Playgrounds. The mayor and council of the city shall have exclusive control over all city parks and playgrounds, and the power and authority to control, regulate and remove all obstructions and prevent all encroachments thereupon; and to provide for raising, grading, filling, terracing, landscape gardening, erecting buildings, and providing amusements therein; and

Page 3163

for establishing walks and paving driveways around, in and through said parks, playgrounds and other public grounds. Section 4-17. Regulation of Streets, Avenues, Alleys, Obstruction Thereof. The city shall have the power to control, regulate and remove all obstructions, encroachments and encumbrances on any public street, avenue, alley or other public place, and to regulate and control the moving of buildings and structures of any kind or character upon and along the same. Section 4-18. Condemnation of Property for Public Purposes. (a) Scope of authority. The mayor and council of the city shall have full power and authority to condemn property for the purpose of establishing, laying out, opening, widening, straightening, grading, or in any way changing, streets, sidewalks, alleys, squares, recreation areas and parks, within or without the city, and for the purpose of establishing, extending, enlarging, improving or maintaining waterworks systems, sewerage systems, drainage systems, natural gas systems, electrical systems, power systems of any nature, garbage disposal facilities, cemeteries, or any other public works, public service, or public utility, within or without the city. (b) Exercise of power. Whenever the mayor and council shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or a trustee, executor, administrator, guardian or agent, under the same terms and conditions as provided for in the general laws of this state with reference to the condemnation of private property for public use as contained in the Code of Georgia of 1933, as amended, having reference to the condemnation of private property for public use, and as provided by Acts amendatory thereof, and in particular Part II, Title 36, as amended. Section 4-19. Streets, Sidewalks and Public PlacesOpening, Widening, Changing, Closing. (a) Scope of authority. The mayor and council of the city shall have the

Page 3164

absolute, full and complete control and supervision of the streets, sidewalks, alleys, lanes, parks, squares and other public places of said city, and shall have full power and authority to open, lay out, close, narrow, widen, straighten, grade or otherwise change the streets, sidewalks, alleys, lanes, parks, and squares of said city, and shall have the power to lay out, grade, vacate, close up, curb and pave the roads, streets, bridges, alleys, sidewalks, crosswalks, cross drains, drains and gutters or any of them for public use or to lay wires, lines or pipes, throughout the streets, squares, lanes, alleys, parks and public places of said city, upon such terms and conditions as the mayor and council may by ordinance provide. (b) Assessment of cost. The mayor and council may assess not more than two-thirds (2/3) of the entire cost of any or all of the improvements or work described in subsection (a), against the abutting property and the owners thereof, including street and railroad properly and the owners thereof, according to the proportion that such abutting property bears two-thirds (2/3) of the cost of such improvements or work and also to provide for the enforcement and collection of such assessments against the abutting property and owners thereof, including railroads thereon, by execution issued against such property and such owners. (c) Equalizing assessments. The mayor and council shall have full power and authority to adopt by ordinance such system of equalizing assessments on real estate for the purpose stated above, as may be just and proper, estimating the total cost of each such improvement made, and prorating the cost thereof, or such part as is to be borne by the abutting property and the owners thereof, on the abutting real estate, and owners thereof, according to the proportion such abutting real estate bears to two-thirds (2/3) of the cost of such improvements or work on or along such street, sidewalk, avenue, alley, lane or other public place, or according to the area or value of said real estate, any or all, as may be determined by ordinance. (d) Lien of assessment. The amount of the assessment on each piece of real estate shall be a lien on such real estate

Page 3165

against the owner thereof, from the date of the passage of the ordinance providing for the improvement or work and making assessment. (e) Collection of assessment. The mayor and council shall have full power and authority to enforce the collection of any assessment so made for such work or improvement, as aforesaid, by execution issued by the city clerk against the real estate so assessed and the owner thereof for the amount thus assessed; which execution may be levied by the chief of police of the city on such real estate or other property owned by the owner thereof, without such levy, being open to the charge of being an excessive levy, and after advertising and other proceedings, as in case of tax sales under existing ordinances, or such as may hereafter be made applicable to the subject, said property shall be sold in the same manner and shall be subject to all the rights of purchase by the city and redemption by the owners as is now provided for tax sales by said city; provided, that all advertisements may be made in the official organ of said city. (f) Contest of assessment. To any execution issued under the provisions of this section the defendant shall have the right to file an affidavit of illegality to judgments under the practice of the Superior Courts of the state, denying that the whole or any part of the amount for which such execution issued is due, and the reason why the same is not due, but any amount admitted to be due shall be paid before the affidavit of illegality is received, and said affidavit shall be received for the balance, and said affidavit so received shall be returned for trial to the Superior Court of Turner County, Georgia, and there tried and the issues determined as in other cases of illegality, subject to all the pains and penalties provided for in cases of illegalities filed for delay only. (g) Priority of assessment. The lien of such assessments and the executions issued thereon on abutting property, including that of railroads and railways, and the owners thereof, for any such improvement contemplated and provided for by this section shall have rank and priority of payment next in point of dignity to liens for taxes, as provided by the Constitution and laws of the State of Georgia, and of the

Page 3166

United States, and shall have priority over all other executions and judgments and liens, such liens to date from the passage of the ordinance authorizing the execution of the work or improvement in each case. (h) Application to maintenance, repair. The mayor and council shall have full power and authority to prescribe by ordinance such rules as they may in their discretion deem necessary and proper, to grade, pave, curb, macadamize, repair, drain or lay sewerage along or upon or otherwise improve any or all of the streets, avenues, alleys, lanes, sidewalks, or other public places in said city, and assess not more than two-thirds (2/3) of the costs or expenses against abutting property, and the owners thereof, and enforce by execution the collection thereof against the abutting property and the owners thereof, and to prescribe by ordinance such notices to the abutting property owners as said mayor and council may see fit and proper. (i) Publication required. One (1) publication of such ordinance, or ordinances, for any of the work and improvements contemplated by this section, in the newspaper designated as the official organ for said city shall be sufficient notice to the abutting property owner or the owners of any railroad or railway having property or tracks abutting on such streets, sidewalks, avenues, lanes, alleys, or other public places in said city, of the contents and provisions of such ordinance or ordinances, and of the fact that such improvements are to be made. (j) Service of notices. Any other notice or notices deemed necessary or desirable to be made on abutting property owners by said city may be made in person or by leaving at the residence of the person to be notified if a resident of said city, but if such person is not a resident of said city then such notice may be served by publishing it for such time as may be prescribed by ordinance, and such publication in the official organ of said city shall be sufficient; provided further, that if said abutting property is owned by a partnership or by tenants in common, notice to any one of such owners shall be deemed sufficient, and if such real estate is owned by a minor or other person laboring under

Page 3167

legal disability, notice to such minor or person laboring under legal disability and his guardian, if any, shall be deemed sufficient service of such notice; if such minor or person laboring under legal disability be a nonresident or absent from the city for more than ten (10) days, service may be made by publication as hereinbefore provided. (k) Issuance of negotiable certificates. In addition to the authority hereby vested in the mayor and council of said city to issue executions for such improvements as are herein provided, covering the assessments in question, the said mayor and council shall have authority to issue paving, curbing, macadamizing, grading, draining, or sewerage certificates, one or all, in the name of the city, in behalf of or payable to the contractor or other person, corporation or concern, which certificates shall be made negotiable, shall be issued in such denominations and payable at such time or times, either for one (1) year or more than one (1) year, in the discretion of the mayor and council, and shall bear such legal rate of interest as may be fixed by council, interest to be payable annually or semi-annually, and principal and interest to be paid at each place or places as may be fixed by said mayor and council; said certificates to be based upon the executions issued against the abutting property and the owners thereof for such street or sidewalk improvements aforesaid. (l) Negotiation of certificates. The mayor and council shall have authority to negotiate such certificates when issued to contractors for such improvements or parties furnishing material therefor, in settlement of such paving improvement provided herein, or for labor or material, or to negotiate them to banks, trust companies, or other persons or parties having money to lend, and thereby obtain the money to pay for such street or sidewalk improvement. (m) Payment of certificates. The mayor and council shall have the authority to collect assessments for such street or sidewalk improvement under such execution as may be issued by authority of said city, and use the money to pay for such improvement certificates thus issued, and to prescribe the term, the rate of interest and the time and place

Page 3168

of payment of such executions and of such improvement certificates. (n) Additional powers. The city, through its mayor and council, shall have all other and necessary authority to accomplish such street or sidewalk improvements, in a manner to be provided by proper ordinance or ordinances to be adopted by said city. Section 4-20. SameMaintenance, Drainage, Repair. (a) Scope of authority. The mayor and council of the city shall have full power and authority to pass all laws and ordinances necessary for the drainage and proper maintenance and care of the streets, alleys, sidewalks and other public places of said city; to provide for the paving, grading, macadamizing, curbing, or otherwise improving, for travel or drainage, the same or any part thereof; or to regrade, repave, recurb, remacadamize, or repair in any way the pavement, curbing, grade or drainage of the same, as provided in section 4-18, whenever in the judgment of the said mayor and council, the same becomes necessary or advisable. (b) Manner of payment. The said mayor and council shall have the right and authority to provide, by ordinance, how said paving, grading, macadamizing or repairing, maintenance and care of the same shall be paid, whether by the city or whether by the adjacent landowners or by both, as provided in section 4-18. Section 4-21. Right-of-way of Railroad; Maintenance, Repair. The mayor and council shall have full power and authority to enact all laws and ordinances to require any railroad company having or which may hereafter have tracks running in, along, across or through the streets, alleys or public ways of said city, which have been improved, to macadamize or otherwise pave and improve as the mayor and council may direct, the width of their tracks, and two (2) feet on each side thereof, and to require said companies to repair or repave their aforesaid portions as the mayor and council may direct; and the mayor and council shall have the power and authority to enforce the provisions of this section by appropriate ordinances.

Page 3169

Section 4-22. Construction, Paving, Repair of Streets, Pavements by Abutting Owners. (a) Authority of city to require work. The mayor and council of the city shall have full and complete power and right to direct the mode, manner and style in which all street crossings, sidewalks, and pavements shall be constructed, paved, or repaved, by the abutting property owners, and in case of failure or refusal of any property owner, after ten (10) days' notice to comply with the ordinance of said city in reference to the construction, paving or repairing of the sidewalks, pavements or street crossings, the mayor and council of said city are hereby authorized and empowered to prescribe that said owners be fined in a sum not exceeding five hundred dollars ($500.00) and to collect the same by execution. (b) City may do work. The mayor and council may also direct their officers or employees to carry out and execute the provisions of said ordinance in reference to sidewalks, pavements and street crossings at the expense of the owner so refusing or failing to comply with said ordinance. (c) Execution for expenses. The mayor and council shall be empowered to issue execution for said bill of expense against said owner, and to levy and collect the same, as in cases of execution for taxes. Section 4-23. Supervision, Regulation of Public Work. The mayor and council may prescribe by ordinance or resolution any and all public work to be performed in the city and the method of doing the same, and shall have charge of the performance of all such public work. Section 4-24. Fixing Manner of Executing Public Work or Improvement. Any public work or improvement may be executed either by contract or by direct labor, as may be determined by the mayor and council. Before authorizing the execution by any city department of any work or improvement, detailed plans and estimates thereof shall be submitted to the mayor and council by said department, and there shall be separate accounting as to each work or improvement so executed.

Page 3170

Section 4-25. Water System, Sanitary Sewer System; Establishment, Maintenance, Use. (a) Authority. The mayor and council of the city shall have power and authority to provide for a water system and for a sanitary sewer system and for the maintenance thereof; to require property owners to make connection from their premises to such system or systems; to provide for fixing a lien against the premises of any property owner who fails or refuses to make such connections; to charge the cost against the said owner and make it a personal liability; and to fix penalties for failure to make such connections. (b) Places to be filled in. The mayor and council of said city shall have power and authority to require all surface wells, dry wells or similar places to be filled in at the expense of the owner, and should the owner fail or refuse to fill the same within a reasonable time as the mayor and council may direct, the same shall be done by the city, and the expense thereof shall be collected from the owner in the same manner as taxes are collected. (c) Ordinances to implement section. The mayor and council are hereby authorized and empowered to enact such ordinances as may be necessary to fully accomplish the provisions of this section. Section 4-26. Authority to Extend Water, Sewerage System; Assessment of Cost. (a) The mayor and council shall have power to extend the water system and the sewer system at such time as the same shall be established, to any portion of the city within the corporate limits of said city, provided that two-thirds (2/3) of the cost of said extension is paid by the owners of the property to which said extension is made; and to extend said systems, or either of them, to any place beyond the corporate limits deemed feasible by the mayor and council. The mayor and council shall have power to provide for extension by proper ordinance, including provisions that all cutoffs therefor be installed by the owners of the property served. (b) The exercise of this provision shall be optional, however, with said owners and shall in no way affect the right

Page 3171

of the mayor and council to extend the water system and the sewerage system when the same shall have been established, by the expenditure of funds from the treasury, but where there are no such funds they may comply with this provision at the instance of owners who desire such services under this provision. Section 4-27. Water, Sewerage, Electric and Natural Gas Systems; Maintenance, Repair, Extension. (a) Authority of city. The mayor and council of the city shall have the power and authority to establish, maintain, equip, repair, extend, enlarge, and in any way improve the present system of waterworks in the city, for the purpose of supplying its inhabitants and the city and consumers generally, with water; and the mayor and council shall have the power to do any and all things necessary for such purpose, to contract with any person or persons, firms or corporations, for the purchase of land or premises to be used in connection therewith, whether the lands and premises over which easements are desired are within or without the limits of said city, and if necessary for any or all of such purposes to condemn the same as hereinafter provided. (b) Purchases, construction. Said mayor and council in the name of the city shall have full power and authority to make purchases of plants, machinery and any and all articles and things that may be necessary or advisable for the proper equipment of said plants and for the purpose of properly repairing and maintaining the same, or for the purpose of extending, enlarging or in any way improving said plant; to build and erect structures, build, shape and furnish the same with machinery, tools and equipment that may be necessary or expedient in the care and maintenance of said plants, and generally to have the power and authority to do any and all things necessary or expedient to the upkeep, care, maintenance and improvement of said plants, or the extension or enlargement thereof. The right to repair and maintain said plants, and to purchase such articles and things for such purposes, shall be exercised by the mayor and council. (c) Application to new systems. The mayor and council of

Page 3172

the city shall have the full power and authority to establish new systems of waterworks, electricity, sewerage, natural gas, or any of them, whenever it may be necessary or advisable for the purpose of furnishing and supplying its inhabitants, and the city and consumers generally with water, sewerage, electric lights and natural gas, or any of them, and when such power and authority is exercised, the said mayor and council shall have the same rights, powers and privileges and shall be subject to the same duties and responsibilities for the erection, equipment, care, maintenance, repairing and improvement thereof, and the making and enforcement of contracts for the furnishing of services from such systems, or any of them, to the inhabitants of said city and nonresidents thereof, together with the right to acquire, own, possess and condemn lands and premises for such purposes, whether within or without the limits of said city, as are herein conferred upon and granted said mayor and council respecting the present system owned and operated by the city; provided, however, that the provisions hereof shall be subordinate to the provisions of existing franchises for such services. Section 4-28. Furnishing Water, Sewer, Electric Power, Gas and Garbage Disposal Services. (a) Contracts authorized. The mayor and council in the name of the city shall have the right and authority to make contracts with the inhabitants of the city, and to consumers generally, whether residents of said city or residents without the limits thereof, for the furnishing of water, and for the furnishing of electricity, power, sewerage, natural gas, garbage disposal facilities and services, or any of them, in the event such systems are hereafter acquired, operated and maintained, at such rates and under such rules and regulations as the mayor and council may provide. (b) Fixing rates and charges. The mayor and council shall have power and authority to fix all rates and charges made for any such public service owned and operated for and by the city. Section 4-29. Franchises for Water, Electric, Power, Sewer, Gas, and Garbage Disposal Services. (a) Authority

Page 3173

of city. The mayor and council shall have full power and authority to grant franchises over its streets and other public property to any persons, firms or corporations for the furnishing of water, electricity, power, sewerage, natural gas, garbage disposal, or any of them, to the city and its inhabitants and to make such contracts with such persons, firms or corporations for such services as the mayor and council may deem proper. (b) Enactment of appropriate legislation. The mayor and council of the city are hereby authorized and empowered to enact all laws, ordinances, rules and regulations necessary to carry out and accomplish the purposes of this section; provided however, that no provision of an existing franchise shall be impaired. Section 4-30. Condemnation of Property for Water, Electric, Sewerage, Gas Services. The mayor and council, in the name of the city, shall have full power and authority to condemn any lands or premises, within or without the city, for the purposes of establishing and maintaining waterwork systems, sewerage systems, drainage systems, natural gas systems and electrical distributing systems, or any of them, for said city, or for the purpose of maintaining, extending, enlarging or improving said systems, or any of them, and for either or all of said purposes, as provided in section 4-18 of this charter. Section 4-31. Sale of Electrical, Water, Gas, etc. Plant and/or System. (a) Authority. The mayor and council of the city are hereby authorized and empowered by ordinance to contract to sell and sell upon such terms and conditions as they may determine, any water or other plant or system owned by the city, including distribution lines and all equipment, apparatus and property whatsoever, both real and personal, connected therewith and used as a part thereof, belonging to the city, and to cease operation of such system or systems, and to convey good and clear title thereto by deed of the city executed by its mayor. (b) Election required. At such time and place as shall be fixed by the mayor and council of the city there shall be an

Page 3174

election in said city by the duly qualified voters thereof, to authorize the selling of the system or systems, distribution lines and equipment, apparatus and property whatsoever belonging to said city, as the same then exists, said election to be held and determined as provided by said mayor and council of said city, in which election ballots shall be furnished setting forth the question whether such sale shall be furnished setting forth the question whether such sale shall be consummated. (c) Effect of election. If a majority of the legal voters of said city cast their votes in favor of selling said plant and its equipment, then the mayor and council of said city shall be authorized to sell the same. If a majority of legal voters of said city cast their votes against the selling of the same, then the mayor and council shall be without power and authority to sell said plant and equipment. (d) Notice of election. No election shall be held without first advertising the same in some newspaper published in said city once a week for four (4) weeks prior to the time of holding said election. (e) Place of election. Said election shall be held at the place of holding elections in said city for mayor and councilmen. (f) Qualifications of voters. The qualifications of voters shall be the same as are required of voters in elections held in said city for mayor and councilmen. Section 4-32. Bond Issues for Debts, Public Improvements. The city may issue bonds for the payment of its debts or for public improvements but such bonds shall be issued only in accordance with and under the provisions of the laws of Georgia as found in the Code of Georgia of 1933, as amended. Section 4-33. Levy of Ad Valorem Tax for General City Purposes. (a) Amount, scope of tax. The mayor and council shall have power and authority to levy and collect a tax annually, for general city purposes, of not more than twenty-two

Page 3175

and one-half (22) mills, upon each dollar of assessed valuation, upon all and every species of property, both real and personal, within the limits of the city, including bonds, notes, debts, choses in action, moneys employed in banking and otherwise, and to enforce the collection of same by execution, levy and sale as the mayor and council shall provide. (b) Due date, collection. The mayor and council shall have power and authority to provide by ordinance when such taxes of said city shall be due, in what length of time said taxes shall be paid, when tax executions shall issue against defaulters, and to fix a penalty for the nonpayment of taxes when due. Section 4-34. Authority to Assess, Levy and Collect Ad Valorem Tax for Bond Purposes. (a) Scope of authority. The mayor and council of the city shall be and are hereby authorized and empowered to annually assess, levy and collect, in addition to all other taxes authorized to be levied under this charter, a tax on all the property, both real and personal, in the corporate limits of said city in such sums as they deem right, proper and necessary for the specific purpose of paying the interest on all bonds outstanding, or which are issued under the provisions of this charter, and also to create a sinking fund sufficient to redeem and pay off all bonds outstanding or which are issued under the provisions of this charter, at their maturity. (b) Use of funds. All taxes so assessed, levied and collected shall be kept separate and distinct from all other taxes and shall be used solely for the payment of the interest on all bonds as it accrues and for the creation and accumulation of a sinking fund for the payment of the principal of all bonds outstanding against the said city or which are issued under this charter. (c) Due date, collection. The mayor and council shall have power and authority to provide by ordinance when such tax shall be due, in what length of time such tax shall be paid, when tax executions shall issue against defaulters, and to fix a penalty for the nonpayment of such taxes when due. Section 4-35. Authority to Assess, Levy and Collect Ad

Page 3176

Valorem Tax to Assist Development Authority. (a) Scope of authority. The mayor and council shall have power and authority annually to assess, levy and collect a tax not exceeding three (3) mills upon each dollar of assessed valuation, upon all and every species of property, both real and personal, in order to assist in defraying the cost of operation of a development authority should one be hereafter created for the benefit of the city, by making appropriations thereto. (b) Due date, collection. The mayor and council shall have power and authority to provide by ordinance when such tax shall be due, in what length of time said tax shall be paid, when tax executions shall issue against defaulters, and to fix a penalty for the nonpayment of such taxes when due. Section 4-36. Authority to Assess, Levy and Collect Garbage and Sanitation Tax. (a) Scope of authority. The mayor and council shall have the power to assess, levy and collect an annual tax in an amount necessary to defray the cost of garbage collection service, upon each and every city lot occupied by a resident, and upon each store or other place of business in said city. Vacant lots shall not be assessed. (b) Prerequisites. Before the imposition of such tax, the city shall establish a city garbage collection system and operate it at all times for the collection of all refuse and garbage from all lots so taxed for sanitary purposes, which said city is authorized to do by ordinance. (c) Use of funds. The funds arising from this tax must be used for the purpose of city sanitation and for no other purpose. Section 4-37. Returns of Property for Taxation; Determination of Due Dates. The mayor and council of the city shall have the power to provide by ordinance for the return of all real and personal property for taxation, to provide for compelling such return, and to provide penalties for failure to do so, to double tax defaulters, after due notice and hearing to be prescribed by the mayor and council, for the current or any previous years, not in conflict with any limitation

Page 3177

prescribed by the laws of Georgia; and to prescribe the time or times at which said returns are due. Section 4-38. Executions for Taxes, Licenses, Other Demands. (a) Issuance, contents, procedure thereunder. Executions for any and all taxes or licenses, or demands of any sort due the city or its corporate authorities by any person, firm or corporation, or against any property subject thereto, shall be issued by the clerk, be signed by him, bear teste in the name of the mayor, and be directed to the chief of police of said city and his deputies and to 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 levy upon and sell for the amount due on the execution with all costs. The mayor and council shall, by ordinance, provide the time, place and advertisement of, method of conducting, and all regulations governing sales by the chief of police under said executions. The sheriffs, deputy sheriffs and constables of this state shall proceed in the same manner to levy and collect said executions as they do executions issued from the respective courts of which they are an executive officer. (b) Laws, presumptions governing executions. 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. (c) Laws, rules, presumptions governing deeds. All deeds executed under levy of executions in favor of the city for taxes, licenses, special assessments, fines or forfeitures, shall be governed by the laws and rules of execution which apply to deeds executed by the sheriffs under levy of executions for state and county taxes, and shall be subject to all presumptions of law and fact which apply to deeds executed by sheriffs under levy of executions for state and county taxes. Section 4-39. Contesting Assessment of Property for

Page 3178

Taxes. (a) Appointment of arbitrators. If any taxpayer is dissatisfied with the assessment made of his property, either real or personal, by the city tax assessors, such taxpayer shall, within ten (10) days after the assessors have made their return to the mayor and council, in the case of resident owners, and within twenty (20) days of such return in case of nonresident owners, file written notice with the city clerk of his dissatisfaction, and shall name in his said notice one (1) arbitrator, a freeholder of the city, to represent him in fixing the fair market value of his said property. Upon such notice being filed with the said clerk, it shall be his duty to notify the city tax assessors of that fact, and it shall be their duty within three (3) days to name an arbitrator, who shall also be a freeholder of the city, to represent said city in fixing the fair market value of the property in dispute; the two (2) arbitrators so elected shall be immediately notified of their designation by the city clerk and shall forthwith select an umpire, who shall also be a freeholder of the city. In the event the two (2) arbitrators fail to name the umpire within twenty (20) days after their appointment, he shall be named by the mayor and council. (b) Authority of arbitrators. The board of arbitrators so constituted shall proceed within ten (10) days from the date of the naming of the umpire, to give their awards as to the fair market value of such property, which awards shall be returned to the city clerk, and shall be final on both the city and the taxpayer. Section 4-40. Licensing, Regulating Business Occupations, Trades, Callings and Pursuits. (a) Scope of authority. The mayor and council of the city shall have the right and authority to tax, license, regulate and control by ordinance, all businesses, occupations, trades, callings, pursuits and professions and any and every other type of commercial activity conducted or carried on in the city, and which under the Constitution and laws of this state are subject to license, regulation and tax. (b) License restrictions. The mayor and council shall also have the right by ordinance to fix and prescribe the amount

Page 3179

of said taxes and licenses; to provide where the same shall be paid; to provide for the revocation of any or all licenses issued pursuant to this section; and to provide penalties for the violation of any of the provisions thereof. Section 4-41. Registration, Special Tax on Trade, Business, Vocation, Profession, Calling, Pursuit. The mayor and council shall have full power and authority by ordinance to require any person, firm or corporation, whether a resident or nonresident of the city, engaged in or carrying on or who may engage in or carry on any business, trade, pursuit, calling, vocation or profession, within the corporate limits of said city, either by themselves or by their agent or agents, to register their names and business, trade, pursuit, calling, vocation or profession, annually and to require such person, firm or corporation to pay for such registration such amount as the mayor and council may by ordinance prescribe; and to provide for the punishment of all persons, firms or corporations who are required by ordinance to pay the said special tax and register, who shall engage in or offer to attempt to engage in such business, calling or profession without first complying in all respects with the ordinance in reference thereto. Section 4-42. Licensing, Regulating Control of Signs, Billboards. The mayor and council shall have power and authority by ordinance to license, regulate, control and prohibit the erection of signs or billboards; and to provide penalties for the violation of any of the provisions of such ordinances. Section 4-43. Authority to Borrow Money. The mayor and council of the city shall have the power and authority to borrow money for the use of said city by making a temporary loan or loans to supply casual deficiencies of revenue, not to exceed one per cent (1%) of the assessed value of the taxable property within any one (1) year; the sum or sums so borrowed shall be paid from the income of the city for the fiscal year in which the loan or loans are made, and before the expiration of the fiscal year in which the same were made.

Page 3180

Section 4-44. Authority to Provide for Depository of City Funds. The mayor and council of the city may select some bank in the state as a city depository, and may require the treasurer or other appopriate officer of said city to deposit all funds of the city therein. Said depository may be selected upon such rules, regulations, conditions and requirements as the mayor and council may by ordinance prescribe. Section 4-45. Zoning and Planning. The mayor and council of the city are hereby authorized to pass and enforce zoning and planning laws whereby said city may be zoned or districted for various uses and other or different uses provided therein, and regulating the use for which said zones or districts may be set apart and to regulate the plans for development and improvement of real estate therein, provided said zoning and planning laws are consistent with the Constitution and conform to the provisions of Chapter 69-12 of the Code of Georgia of 1933, as amended, which said city by and through its mayor and council may deem necessary or proper, to promote the public health, safety, morals, order, comfort or general welfare. They may create a board of zoning appeals, which board shall hear and decide appeals from and review any order, requirement, decision or determination made by the inspector of buildings in the enforcement of the zoning regulations. The mayor and council may authorize the board of zoning appeals to administer the details of the application of any zoning regulation and may delegate to such board, in accordance with general rules set forth in the zoning ordinances, power to permit exceptions to and variations from the zoning regulations, and to administer the zoning regulations as specified therein, or such other administrative powers and functions as may be delegated by the mayor and council, either in whole or in part to such board of zoning appeals. Section 4-46. Authority to Regulate Traffic; Off-street Parking. The mayor and council of the city shall have the power and authority to control and regulate the running of bicycles, automobiles, motorcycles and any and all other kinds of vehicles in the city, whether said vehicles are propelled by hand, foot, steam, electricity or other motive

Page 3181

power; to prescribe the rate of speed and the manner in which the same may be run, and the qualifications of the drivers, chauffeurs or operators of said vehicles; to provide for the registration of said vehicles, and to do any, all and every act and thing necessary or incident to the safety of the same and of the public. The mayor and council of said city shall have the authority to accomplish the provisions of this section by ordinance and to provide penalties for the violation thereof. The mayor and council shall have the power and authority to construct, maintain and operate off-street parking facilities, and to acquire land and other necessary property for such purposes and to charge, contract for and receive rentals and parking fees for the use of such facilities and parking spaces therein. Section 4-47. Railroad Trains; Speed, Operation. The mayor and council of the city shall have full power and authority by ordinance to regulate the speed and operation of all railroad trains on, along or across the streets, avenues or alleys of the city; to require railroad companies to station watchmen at street crossings; to make it a penal offense for any railroad company, its agents or employees to block or obstruct any street crossings, with railroad trains, cars or engines any longer than is necessary for said trains, cars or engines to pass over said crossings; to prohibit more than one train from crossing or running parallel with another train at the same time across a street crossing; and to regulate in any other way the running or operation of railway trains within the city limits, as it may deem necessary to protect and safeguard the public and to provide penalties for the violation of any of the provisions of this section. Section 4-48. Authority to Regulate Vehicles for Hire. The mayor and council of the city shall have the right and power, by ordinance, to regulate all vehicles of every kind and description used in the city for hire or profit in the transportation of passengers, freight, drayage, or either or all of them; to provide for the inspection of same; to fix the rates of fare therefor; and to fix and prescribe penalties for violation thereof.

Page 3182

Section 4-49. Regulating Plumbers and Plumbing. The mayor and council shall have the power and authority by ordinance to provide for the regulation and control of plumbers and plumbing work, and to secure efficiency in the same. Section 4-50. Authority to Regulate Storage Sale of Explosives, Combustibles; Sale, Discharge of Fireworks. The mayor and council of the city shall have the right, power and authority, by ordinance, to regulate the keeping of gunpowder, dynamite, petroleum oils, turpentine, and any and all other kind of explosives or combustible materials; to regulate the sale and use of firecrackers, torpedoes, sky rockets, and any other kind of fireworks; to prohibit the firing or use of them within the limits of said city; and to prescribe penalties for violations of such ordinances. Section 4-51. Authority to Regulate Cemeteries. (a) Generally. The mayor and council shall have the exclusive jurisdiction over all cemeteries belonging to the city. They may make such appropriations as may be necessary for the care and supervision of same, and may enact ordinances and provide penalties for the purpose of preventing trespass thereon. (b) Fees and charges. They may regulate the charges of grave-digging and interment, disinterment, hearse fees, and any and everything pertaining to the proper care and operation of such cemeteries; including the sale of lots or right to bury thereon. They may prescribe such fees for burials as they may deem proper, and may enforce the collection of such fees, as they may by ordinance provide. Section 4.52. Removal of Weeds, Debris, Overhanging Limbs. The mayor and council shall have the power and authority to remove within a reasonable time, weeds, debris and low-hanging branches from sidewalks and to require the owner, agent or lessee owning, occupying or controlling the abutting property to remove all such weeds, debris and all low-hanging limbs from trees adjacent to such sidewalks. Section 4-53. Keeping, Handling of Animals and Fowl. The mayor and council of the city shall have the power and

Page 3183

authority to prevent horses, mules, cattle, hogs, sheep, goats, dogs, chickens and all other animals and fowl from running at large in said city; to regulate, prevent or prohibit the keeping of certain animals within the city limits, or to regulate the number and manner in which they must be kept, if allowed, and shall have full power and authority to take up and impound any of such animals and punish all owners of any of such animals who shall fail or refuse to obey such ordinances as may be adopted by the mayor and council of said city to carry out and accomplish the purposes of this section. Section 4-54. Taxation, Registration, Keeping of Dogs. The mayor and council shall have the authority to levy and collect such tax as they may deem proper upon dogs kept within the limits of said city; to provide for the registration thereof, and to prescribe such ordinances respecting the keeping of dogs as may be deemed proper, and to prescribe punishment for violation of said ordinances. Section 4-55. Establishment, Operation of Municipal Pound. The mayor and council shall have authority to establish a pound for the impoundment of animals, and to change the same whenever they see proper; to fix a schedule of charges and penalties to be paid by the owners of such impounded animals before they are released from said pound; to regulate the mode or manner of sale or disposition of impounded animals where no owner appears, or when payment of the impoundment fees charged, penalties, or costs is refused; to provide for the disposition of the proceeds of the sale of impounded animals; and to provide for the punishment of all persons who, without authority, shall break into the pound or interfere with the operation thereof. Section 4-56. Cruelty to Animals. The mayor and council shall have power and authority to prohibit the inhuman treatment of animals and provide punishment therefor. Section 4-57. Authority to Prohibit Loitering, Loafing. The mayor and council of the city shall have the right and authority, by ordinance, to prohibit idling, loitering, and loafing on the streets, alleys, lanes, squares, sidewalks and

Page 3184

other public places in the city, or upon any of them, and to prohibit idling, loitering and loafing in any public buildings in said city, and to prescribe penalties for the violation thereof. Section 4-58. Prohibiting, Punishing Beggars, Prostitutes, Vagrants, etc. The mayor and council shall have the power and authority to restrain and punish vagrants, mendicants, beggars and prostitutes. Section 4-59. Amusements, Noises, Other Activities Interfering with Peace and Quiet of Inhabitants. The mayor and council shall have the power and authority to prohibit and restrain the flying of kites, firing firearms and firecrackers, the rolling of hoops and the use of velocipedes, bicycles and skates, or the use and practice of amusements on the streets or sidewalks and to restrain, regulate and prohibit the ringing of bells or blowing of horns, bugles and whistles, crying of goods, and all other noises, practices and performances tending unnecessarily, to interfere with the peace and quiet of the inhabitants of the city; and to suppress and regulate all other unnecessary noises. Section 4-60. General Penalty. The mayor and council may provide for punishing violators of city ordinances, by-laws, rules or resolutions by fine, imprisonment in the city prison, or working on the streets or public works; the fines in no case to exceed five hundred dollars ($500.00) and the imprisonment in the city prison not to exceed thirty (30) days, and sentence on the streets or public works not to exceed six (6) months, and either one or all of said penalties may be imposed at the discretion of the court. Section 4-61. Authority to Provide for Working of Convicts, Custody of Prisoners. (a) Scope of authority. The mayor and council shall have full power and authority to provide for the working of the convicts from the police court upon the streets and other public places and works of said city; to maintain, establish and equip a jail or prison in the city for the safekeeping of prisoners and persons charged with violating the laws and ordinances of the city or state and to provide for the care of such prisoners.

Page 3185

(b) Ordinances to implement provisions. The mayor and council shall have the authority to enact such ordinances as are necessary to carry out the provisions of this section. Section 4-62. Hospitals, Similar Institutions; Establishment, Operation. The mayor and council shall have power and authority to establish, maintain and regulate such hospitals, orphanages and charitable institutions as may be deemed expedient by the governing authority. Section 4-63. Participation in Emergency Plans with Disaster-Stricken Cities. The mayor and council are hereby authorized to provide by ordinance or resolution for participation by the city in emergency procedure plans whereby the mayor, or in his absence the mayor pro tem, shall be authorized to furnish city equipment, machinery, services, supplies and personnel to other cities during time of emergency therein; provided, however, that in the event of such participation, liability insurance coverage and other applicable insurance coverage shall remain in force and effect respecting any equipment, machinery, services, supplies or personnel furnished by the city under such plan; and provided, further, that the mayor and council may provide by ordinance or resolution for the withdrawal of the city from such plan at any time. Section 4-64. Subpoena Power Generally. The mayor, city council, police court and all boards, commissions, committees or other agencies of the city charged with the administration of the affairs of the city (excluding individual officers, except in cases in which they are specially authorized by law or ordinance) shall have power and authority to compel the attendance of witnesses and the production of relevant and admissible documents in proper cases, and any person failing or refusing to attend as a witness or to produce relevant and pertinent documentary evidence within his power, custody or control when duly notified or called upon to do so in a proper case shall be subject to punishment prescribed by ordinance of the city. Section 4-65. Group Insurance for City Officers and Employees Authorized; Deductions, etc. The mayor and council are hereby authorized and empowered to make deductions

Page 3186

periodically from the wages and salaries of its employees and officers, excluding the mayor and councilmen themselves, with which to pay the premium for life, health, accident, hospitalization, or annuity of such officers or employees, upon a group insurance plan, and to that end to enter into agreements with insurance companies whereby the kind of group insurance desired by the employees may be furnished to them and the premiums therefor remitted periodically by said city. The participation in such group insurance by such officers or employees shall be entirely voluntary on the part of such persons at all times. Any officer or employee, upon any payday, may withdraw or retire from such group plan upon giving notice in writing to his employer directing the discontinuance of deductions from his wages or salary in payment of such plan. The mayor and council in carrying out any provision of this section shall have the right to contribute or pay any part of the premium due on the coverage afforded its officers or employees in an amount not to exceed fifty per cent (50%) of the amount of said premium being charged for the plan of protection afforded out of the general funds of the city. ARTICLE V. POLICE COURT Section 5-1. Established, Designated. The police court of the city is hereby created and shall be known and designated as the Police Court of the City of Ashburn. Section 5-2. Presiding Officer Designated. Until such time as the office of the city recorder is established and a recorder is selected and enters office, sessions of the police court shall be held and presided over by the mayor, or in his absence by the mayor pro tem, or in his absence by a councilman designated by the mayor for the purpose. Section 5-3. Time, Place of Sessions. Sessions of the police court shall be held and presided over at the city hall

Page 3187

building in the city, or at such other place in said city as the mayor or council may direct, daily or at such times as in the judgment of the presiding officer of said court may be necessary. Section 5-4. Scope of Jurisdiction. The jurisdiction of the police court shall extend over all violations of the laws and ordinances of the city and all other laws of which municipalities are allowed jurisdiction under the laws of the State of Georgia, whenever said violations and offenses are committed within the corporate limits of the city, or within territory over which the city has jurisdiction. Section 5-5. Jurisdiction Extended Beyond City Limits. The city shall have the power and authority to exercise police power over all territory beyond the limits of the city owned by the city or over which the city has been granted jurisdiction by law, and jurisdiction of violations of the ordinances of the city in and over such territory is hereby vested in the police court of the city. Section 5-6. Powers Enumerated. The police court and the presiding officer thereof shall have the following powers: (a) Contempt. To punish for contempt against its lawful authority whether in its presence or otherwise; (b) Summonses, subpoenas. To issue summonses and subpoenas for witness and compel their attendance whether residents of the city or not; to issue subpoenas duces tecum for witnesses and the production of books and papers whether in the city or not, and compel their production; to compel the presence of witnesses by imprisonment if necessary and to take bonds to secure their attendance and to forfeit said bonds before said police court; and to punish, as for contempt, failure to obey its legal summonses and orders; (c) Continuance. To grant continuances under rules of law.

Page 3188

(d) Bonds, recognizances. To take bonds and recognizances for persons charged with offenses against the laws and ordinances of the city for their appearance at its sessions from time to time, until the principal in said bond is tried for the offense charged, in such amount as may be deemed sufficient to compel their appearance; and to forfeit all appearance bonds when the principal shall fail or refuse to appear at said court at the time and places specified therein, under such rules and regulations as the mayor and council of said city shall by ordinance prescribe; and (e) Enforcement of authority. To do, generally, all other acts and things necessary for the proper enforcement of its authority. Section 5-7. Trial of Violations Against City Laws and Ordinances; Limitation Upon Penalty. The presiding officer of the police court shall have the power and authority to try all offenses and violations against the laws and ordinances of the city, committed within the corporate limits thereof, and upon conviction, to punish offenders by a fine not exceeding thirty (30) days, or by compulsory work, not exceeding sixty (60) days, on the streets or upon any of the public works of said city, or by any combination of such penalties, as the presiding officer of said court may direct. Section 5-8. Imposition of Punishments. Any or all of the punishments prescribed in section 5-7 may be inflicted in the discretion of the presiding officer of the police court, and such presiding officer shall have the authority to impose any of the above punishments in the alternative. Section 5-9. Limitation Upon Punishment for Contempt. The police court shall have the power and authority to punish for contempt by fine not exceeding twenty-five dollars ($25.00), or by imprisonment not exceeding ten (10) days, either or both, in the discretion of the presiding officer of said court; provided, that a continuous failure or refusal by any person to obey the lawful orders and summonses of said court shall be deemed a continuous contempt, and the said court may imprison such person until its lawful orders are obeyed.

Page 3189

Section 5-10. Execution, Levy, Sale to Enforce Collection of Fine. Whenever any person is convicted and sentenced to pay a fine or to imprisonment or to work upon the streets of the city or other public works thereof, and fails or refuses to pay said fine, the city shall have the right to enforce the collection thereof by execution, levy and sale in the same way and manner as the collection of taxes is enforced in the city. Section 5-11. Criminal Jurisdiction of Justice of the Peace Vested in Presiding Officer. The presiding officer in the police court of said city shall have, in addition to the jurisdiction hereinbefore conferred, criminal jurisdiction of a justice of the peace, and when it shall appear upon the trial of any case in the police court of said city, that an offense against the laws of the state has been committed within the limits of said city, it shall be the duty of the officer presiding in said court, to make a thorough investigation into the facts and to commit the offender to jail or to bail to answer to the court having jurisdiction of the offense if the offense is bailable. Section 5-12. Jurisdiction to Try Nuisances, Require Abatement. The police court of the city shall have concurrent jurisdiction with the mayor and council of the city in respect to the trial and abatement of all nuisances in said city. Section 5-13. Right to Trial Upon Written Accusation. All trials in the police court of the city shall be had without written pleadings of any kind unless the defendant shall, upon the calling of the case, file a written demand with the city clerk that an accusation in writing, shall be preferred against him, in which event a written accusation, in form substantially as follows:

Page 3190

Georgia, Turner County, City of AshburnIn the Police Court of the City of Ashburn: I,....., Chief of Police (or policeman) of said city, in the name and behalf of the City of Ashburn, charge and accuse..... of the offense of....., contrary to the laws and ordinances of said city, the good order, peace and dignity thereof. shall be preferred against the defendant, signed by the officer making or prosecuting the case, and filed in said court, whereupon the defendant shall enter his plea thereon in writing and upon the issue thus formed the case shall proceed to trial and disposition. Section 5-14. Appearance BondsAmount. Conditions, Effect. The chief of police or any policeman of the city shall release any person arrested for a violation of the laws and ordinances of said city, upon said person giving a cash bond or surety bond with good and sufficient security to be approved by the chief of police or the assistant chief, or in their absence by the senior officer on duty, payable to the mayor of the city, in an amount fixed by the said chief of police or the assistant chief, or in their absence by the senior officer on duty, for the personal appearance of such person before the police court of said city at the time and place therein specified, to answer the charges against him, and from time to time until the principal in such bond is tried and the case disposed of, and not to depart from thence except by leave of court, except when the offender is violent, in which case bail may be refused. Section 5-15. SameForfeiture. In the event the principal fails to appear before the police court as stipulated in his appearance bond, said bond shall be forfeited in said court and the presiding officer thereof shall have the power and authority to order the principal in said bond re-arrested and placed in the city jail or guardhouse until such case shall be tried and disposed of, or to admit the defendant to bail, as he may deem proper.

Page 3191

Section 5-16. Certiorari to Review ConvictionPrerequisites. Any person convicted in the police court in the city for a violation of any of the laws and ordinances of said city shall have the right to certiorari to the Superior Court of Turner County, provided all costs are first paid to the city clerk, who shall upon payment thereof, certify in writing that the same have been paid and bond and security given in at least double the amount of the fine which can be imposed, to personally appear, stand to and abide by the final judgment in said case; and if no fine is imposed and the defendant is sentenced to work on the streets or other public works in said city, then a like bond shall be given, the amount of which shall be fixed by the presiding officer of said police court. Section 5-17. SameBonds to be Approved. All bonds given in certiorari cases shall be approved by the presiding officer in the police court. Section 5-18. SameAffidavit in Forma Pauperis. Nothing in sections 5-16 through 5-20 shall prevent the defendant if he desires to certiorari his case, from filing the usual affidavit in forma pauperis in lieu of giving bond and security and the payment of the costs. Section 5-19. Affidavit, Bond to Act as Supersedeas. Upon the affidavit provided for in section 5-18 being made or the bond provided for in section 5-16 being given, the same shall act as a supersedeas of the judgment sought to be reviewed by certiorari, until the final judgment is rendered in said case. Section 5-20. SameRules and Regulations Applicable. All certiorari shall be governed under the same rules and regulations, except as otherwise provided herein, as are provided by law for the carrying of cases by certiorari from the Court of Ordinary to the Superior Court. Section 5-21. City RecorderCreation. Establishment of Office. The mayor and council of the city may, whenever in their judgment they see fit, create the office of city recorder for said city and elect an upright and intelligent person

Page 3192

reasonably skilled in the law, to perform the duties of that office. Section 5-22. SameQualifications, Oath of Office. The recorder shall be a qualified voter of Turner County and shall take and subscribe to such oath as the mayor and council shall by ordinance prescribe. Section 5-23. SameTerm of Office. The recorder may be elected at any time that in the judgment of the mayor and council his services may be necessary or desirable, and he shall hold his office for a term of one (1) year, or until the qualifications of the mayor and council following the next city election, and until his successor is elected and qualified. Section 5-24. SameCompensation. Whenever the mayor and council in their judgment see fit to create the office of city recorder and elect a person to perform the duties of that office, they shall also fix his compensation therefor. Section 5-25. SameDuty to Preside in Police Court. It shall be the duty of the recorder to preside in the police court of the city in all cases, except when providentially hindered or when absent from the city, or when he may be disqualified. In either case the mayor or in his absence the mayor pro tem or in his absence a councilman designated by the mayor shall preside as acting recorder with the same power that is vested in the recorder. ARTICLE VI. PENALTIES AND PROCEDURES ON ARREST Section 6.1 Authority to Arrest, Confine Persons Arrested. The chief of police and all policemen of the city shall be fully authorized and empowered to arrest any person within the corporate limits of the city or within territory over which the city has jurisdiction charged with an offense against its laws and ordinances and to imprison and confine such persons arrested by them in the city jail or in the jail of Turner County until trial, or to admit them to bail as provided in this charter.

Page 3193

Section 6-2. Territorial Scope of Power to Arrest. The chief of police and the policemen of the city shall be authorized to arrest anywhere within the limits of this state any person charged with a violation of the laws and ordinances of the city upon a warrant from the proper officer of said city authorized to issue the same. Section 6-3. Arrest for Violation of City Laws, Ordinances. In no case, except as herein otherwise provided, shall the chief of police or any policeman of the city make any arrest of any person charged with a violation of any of the laws and ordinances of said city without first having procured from the mayor, mayor pro tem or recorder of said city, each of them being hereby authorized and empowered to issue warrants for the apprehension and arrest of persons charged with violating any of the laws and ordinances of said city), a warrant for the arrest of such persons, unless the offense or violation is committed in the presence of such arresting officer, or the offender is attempting to escape, in which even said officer may arrest and detain such person until a proper warrant can be secured authorizing the offender's further detention. Section 6.4. Arrest for Violation in Presence of Officer. It shall be the duty of the chief of police and the policemen of the city to arrest any person violating any of the laws of this state in their presence and to immediately carry such persons before a magistrate and see that a proper warrant is sworn out. Section 6-5. Authority to Arrest Without Warrant. (a) Loiterers, loafers. The chief of police and the policemen of the city shall have the right and authority to arrest without warrant, any person idling, loitering or loafing upon the streets, sidewalks, alleys, lanes, parks, squares or any other public place in said city, and to imprison such person in the city jail or guardhouse or to admit him to bail for appearance for trial for such offense before the police court. (b) Suspicious persons. Said chief of police and policemen shall also be empowered and authorized to arrest without warrant and detain for a reasonable length of time, any

Page 3194

person who may be acting suspiciously in said city, or whom said officers may suspect of having evil design against some person or property in said city or the laws and ordinances thereof. (c) Escaped convicts, fugitives . Said chief of police and policemen shall also be empowered and authorized to arrest and detain without warrant, any person who may be an escaped convict of the state or any municipality thereof, or who may have escaped arrest from county or state authorities or from any municipality thereof, for any offense committed therein. (d) Authority under state law . Said officers may arrest without warrant in all cases where authority is given to arresting officers of this state by the laws of Georgia, for making arrests without a warrant. Section 6-6. Service of Summons in Lieu of Arrest . Upon information that an offense against the city's laws and ordinances has been committed, and said violation has not been committed in the presence of a police officer of the city, but said police officer is satisfied that the person charged with such offense is not likely to leave the city to escape arrest under a warrant, he shall serve upon said person a written summons to appear before the police court at its regular session to answer such charge. Section 6-7. Failure to Obey Summons . If the person served with a summons as provided in section 6-6 refuses to obey such summons, he shall be deemed in contempt of the police court and shall be punished accordingly. Section 6-8. Use of Warrant to Prevent Accused From Leaving City . If a police officer of the city has reason to believe that an accused person will leave the city and not obey a summons served as provided in section 6-6, said officer shall obtain a warrant from the proper officers of the city for the arrest of said person, and shall imprison said person until a trial is had before the police court, or the accused is admitted to bail for his appearance before the police court at its next regular session to answer the charge against him.

Page 3195

Section 6-9. Arrest for Violation of State Laws . It shall be the duty of all police officers of the city in all cases where they know that state laws are being violated in the city to apply to the nearest magistrate for a warrant for such person and have the same executed. Section 6-10. Authority to Execute Warrants for Violation of State Laws . The chief of police and the policemen of the city shall be authorized to the same extent as sheriffs of this state to execute warrants placed in their hands charging any person with a violation of any of the criminal laws of this state. Section 6-11. Authority to Break and Enter to Effect Arrest . The chief of police and the policemen of the city shall have the right and authority, upon proper warrants, to break and enter any house or place in said city where they or any of them have reason to suspect that any of the laws and ordinances of the city are being violated, and to arrest the persons therein and imprison or admit them to bail as herein provided in cases of arrest. Section 6-12. Authorizing Police to Summon Assistance . The mayor and council of the city shall have the power and authority to authorize by ordinance any policeman of said city to summon any and all bystanders to aid in the arrest of any person violating any ordinance of said city or any law of this state, and to provide punishment for any person failing or refusing to obey such summons. ARTICLE VII. REGISTRATION OF VOTERS Section 7-1. System for Registration of Voters Adopted . A system for the registration of voters is hereby established for the city. Section 7-2. Scope of Registration Provisions . No person shall be allowed to vote in any election of any kind held in the city without having first registered in accordance with the provisions of this article, the provisions of Chapter 34A-5 of the Code of Georgia of 1933, as amended, and such ordinances or regulations as may be adopted hereunder;

Page 3196

and the mayor and council are hereby empowered to adopt such ordinances and regulations as may be deemed proper to carry out the purposes of this article. Section 7-3. Qualifications of Applicant for Registration. Any voter registering under the provisions of this article shall be a qualified voter as long as he remains a citizen of the City of Ashburn, meets all of the qualifications of electors prescribed in Section 34A-501 of the Code of Georgia of 1933, as amended, and is otherwise qualified to register in any general election in the State of Georgia. Section 7-4. Forms for Registration; Contents, Execution. The registrar or registrars of elections appointed by the mayor and council shall procure registration cards complying in form with the provisions of Section 34-609 of the Georgia Election Code, which card shall be properly filled in, and an oath shall be administered to the applicant for registration, and signed by him and attested by the registering officer. For this purpose the registering officer shall be authorized and empowered to administer oaths to the persons so registering. Section 7-5. Oath of Registrant. The registering officer shall require an applicant for registration to take the following oath before him: I do solemnly swear that I am a citizen of the United States; that I am at least eighteen (18) years of age, and am qualified by citizenship, residence and constitutional qualifications to vote for members of the General Assembly of Georgia in the County of Turner; that I will have resided in the State of Georgia for not less than one (1) year, and in Turner County for not less than six (6) months and in the City of Ashburn for not less than ninety (90) days next preceding this registration, or by the vote of the next city election if still a resident of this city I will have fulfilled these conditions; and that it is my intention to remain a resident of this city until the day of election, so help me God.

Page 3197

When an applicant for registration is so sworn, and has signed said oath and the same has been attested by the registering officer, a minute of that fact shall be entered opposite his name on the registration list. Section 7-6. RegistrarsSelection, Term. At the first meeting of the mayor and council held after the passage of this charter, the mayor and council shall elect by ballot three (3) registrars for the city, one of whom shall be designated chief registrar, who shall serve the pleasure of the mayor and council, and until their successors are elected and qualified. Said registrars shall be qualified voters of said city. In the event of the death or resignation of any registrar his unexpired term shall be filled by the mayor and council. Section 7-7. SameOath. The registrars selected as provided in section 7-6, before entering upon their duties, shall take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law as registrar. Said oath shall be filed with the city clerk and entered upon the minute books of the city. Section 7-8. SameCompensation. The mayor and council of the city shall have the power and authority to fix the compensation of registrars and to pay the same. Section 7-9. Actions of Registrars to be Public. All actions of the registrars in revising the lists of voters registered in the city shall be done in public, in the council chambers of the city. Section 7-10. Time for Opening, Closing Registration List. The registrars shall open at the city clerk's office, or at such other place as may be designated by the mayor and council, at least ten (10) days after notice of such change has been given, a list for the registration of voters, which list shall be kept open from 9:00 a. m. until 5:00 p. m. each and every day, Sunday excepted, until a day not

Page 3198

later than three (3) days prior to such primary or election, when it shall be finally and absolutely closed at 5:00 p. m. on the last day. Section 7-11. Registration of Absent Persons. Any qualified voter who desires to be registered to vote shall be required to apply in person before the registering officer for such purpose. Section 7-12. Duty to Prove Right to Register. No person unknown to the registering officer shall be allowed to register until he produces evidence of his residence in the city and his right to register. Section 7-13. Preparation, Revision, Certification of Registration Lists. In making a voters' registration list, and in revising such list, the registrars shall examine the grounds for disqualification of voters, and shall leave no person on said list who is not entitled to register, and shall strike no name from said list who is entitled to register and vote. After such registrars have fully completed their work in revising the voters' registration list, they shall file a certified copy of such list, alphabetically arranged, with the city clerk. Section 7-14. Revision of Lists to Exclude Disqualified Persons. In order to guide the registering officer in the discharge of his duties, he shall obtain from the proper authorities the list of disqualified voters for that year, as now or may be hereafter provided for by state law. The registering officer shall refuse to register any person whose name appears on these lists unless such person shall furnish satisfactory evidence that his disqualification has been removed. Section 7-15. Registrars to Hear Complaints. Five (5) days prior to the date of any election for any purpose, held in and for the city, the registrars shall, in open session in the council chamber, hear all challenges of the right of registration of any person whose name appears upon the voters' registration list. The procedure for deciding such

Page 3199

challenges shall be provided by ordinance of the mayor and council. Section 7-16. Delivery of Voters' List to City Clerk. At least three (3) days prior to a primary or election, the registrars shall file one certified copy of the revised voters' list with the city clerk for the inspection of all parties concerned. Section 7-17. Registration to be Permanent Unless Voter Becomes Disqualified. All persons who register as herein provided and otherwise qualified to vote in the City of Ashburn shall remain permanently registered and shall be entitled to vote at all elections held by the City of Ashburn or its authorities so long as he may continue to be a qualified voter in said city, provided he does not become disqualified to vote, in which event said elector's name shall be stricken from the list of qualified voters by the board of registrars, which is hereby authorized to purge said list immediately to each election, as provided in Section 34A-515 of the Georgia Code of 1933, as amended. Section 7-18. List of Registered Voters to be Kept as Permanent List. The list of registered voters, prepared and purged as herein provided, shall be kept and retained on file in the office of the city clerk of the mayor and council of the city as a permanent registration list, until the same has been superseded by a new list also prepared and purged as provided herein, at which time the superseded list may be destroyed. Section 7-19. Violations by Registrants. Any person who shall register illegally under this article or be guilty of a violation of Sections 34-1901 and 34-1902 of the State Election Code or Section 34A-509 of the Municipal Election Code pertaining to false statements and false registration, in registering under this article, shall be guilty of a misdemeanor, and on conviction shall be punished therefor. Section 7-20. Violation by City Clerk, Registrars. Should the city clerk or registrars wilfully refuse to permit any person to register who is entitled to do so under this article

Page 3200

or under Chapter 34A-5 of the Municipal Election Code, or fail to enter the name of any such person upon the records to be kept for that purpose, or should illegally remove the name of any such person from such record, or the lists prepared for holding such election, or shall wilfully enter the name of any person on such lists who is not entitled to register, then such clerk or registrar so violating shall be guilty of a misdemeanor, and on conviction thereof shall be punished as such. ARTICLE VIII. ELECTIONS Section 8-1. Councilmen, Mayor to be Elected by Voters of Entire City. All councilmen and the mayor of the city shall be elected by the voters of the entire city, voting at large. Section 8-2. Residence Requirements of Candidates for Councilman, Mayor. In order to be eligible to be elected as a councilman or as mayor of the city, a candidate must be a resident and qualified and duly registered elector of the city on the date he qualifies to run for office, and at the time of election thereto. Section 8-3. Candidates for Council to Indicate Type of Candidacy. A candidate for office hereunder shall designate the specific office for which he is offering a candidate, as provided in section 2-3. Section 8-4. Time of Election of Councilmen. On the first Thursday in December every year, three (3) councilmen or two (2) councilmen shall be elected, to fill the vacancies occurring in that year, to serve for two (2) year terms. Section 8-5. Time of Election of Mayor. A mayor shall be elected on the first Thursday in December, 1970 and on such day every two (2) years, to serve for a two year term. Section 8-6. Designation of Polling Places. The mayor and council of the city shall designate the polling places for the conduct of elections in the city.

Page 3201

Section 8-7. Hours for Opening, Closing Polls. The polls for the holding of all elections in and for the city shall open at 7:00 a.m. and remain open until 7:00 p.m. by the time in common use in said city, at which time they shall be closed. Section 8-8. Challenge of Voter. When any voter is challenged, that fact shall be so written opposite his name on the voters' lists and also on his ballot, and he shall be required to take the following oath: I do solemnly swear that I am a citizen of the United States and of the State of Georgia; that I have attained the age of eighteen (18) years, and resided in the State for one (1) year, in the County of Turner for not less than six (6) months and in the City of Ashburn for not less than ninety (90) days next preceding the election; and that I have not voted before at this election, so help me God. Any voter who shall refuse to take the oath when challenged shall have his ballot rejected. Section 8-9. Declaration of Election Results. The mayor and council, or so many of them as are not disqualified by being a candidate for election shall, at their first meeting after an election, declare the result of the election, those receiving the highest number of votes being declared elected, or the question voted upon being declared carried or not carried, as the case may be; the resolution of the council declaring the results of the election shall be entered on the minutes of the council; provided however, that any two (2) councilmen or one (1) councilman and the mayor, shall have authority to declare the result of said election in the event a majority of said body should be disqualified. Section 8-10. Police to Preserve Peace and Order at Polls. To preserve peace and good order at the polls, so that every voter may have an unobstructed opportunity to cast his ballot, or so that the secrecy of the same may be maintained, it shall be the duty of the municipal authorities to furnish a sufficient number of police.

Page 3202

Section 8-11. Accompanying Voter to Polls. It shall be unlawful for any person to lead or carry a voter to the polls, or to accompany or follow him, either to influence his vote, or to see how he votes, or to see that he votes in any particular way. Section 8-12. Electioneering. It shall be unlawful for any person to electioneer, or in any way to influence or try to influence any voter, or to speak to him on any subject of voting within two hundred fifty (250) feet of the voting place. The provisions of this section shall not apply to the managers of the polls in the discharge of their duties as such, provided they do not electioneer or try to influence any voter in any particular manner. Section 8-13. Penalties for Unlawful Conduct at Polls. Any person or persons who shall in any manner violate either or any of the provisions of section 8-11 or 8-12 shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed by law in cases of misdemeanors. Section 8-14. Violations and Penalties. The violations set forth in Chapter 34A-16 of the Code of Georgia of 1933, as amended, being part of the Georgia Municipal Election Code, when committed in any city primary or election, shall constitute violations of this article; excepting therefrom, however, those violations and penalties which by their nature can have no application. ARTICLE IX. RECALL OF ELECTIVE OFFICERS Section 9-1. Scope of Article Provisions. Any elective officer of the city shall be subject to recall and removal from office by the qualified voters of the city, and the procedure to effect such removal shall be as provided in this article. Section 9-2. Recall Election Prohibited at Certain Times. No recall petition shall be filed against any officer of the city within six (6) months after his election, nor within six (6) months after an election for such officer's recall.

Page 3203

Section 9-3. Petition for Recall; Execution, Filing. A petition demanding that the question of removing an elective officer or officers be submitted to the voters, shall be filed with the person discharging the duties of city clerk. Such petition for the recall of any such elective officer or officers shall be signed by at least twenty-five per cent (25%) of the qualified voters as determined by the registration list as used in the next preceding election, at least one-fifth (1/5) of whom shall certify that at the election at which the officer or officers was or were elected, they voted for the election of such officer or officers proposed to be recalled. Section 9-4. Issuance of Petitions for Signatures. Petitions for signatures for recall of an elective officer shall be procured only from the person exercising the duties of city clerk, who shall keep a sufficient number of such blank petitions on file for distribution; prior to the issuance of such petitions for signature there shall be filed with such person an affidavit by one or more qualified voters, stating the name or names of the officer or officers sought to be removed, and that the issuance of such petition or petitions are desired. Section 9-5. Record of Petitions for Removal Issued. The officer issuing petitions for removal of an elective officer shall enter, in a record to be kept, the name of the voter to whom issued, the date of such issuance and the number of such petition issued, and shall certify on such petitions for signatures the name of the voter to whom issued and the date of its issuance. Section 9-6. Prerequisites to Accepting Petition for Signatures. No petition for signatures shall be accepted and taken into consideration in determining the necessary percentage of voters for removal unless it bears the certificate provided for in section 9-3 and be filed as herein provided. Section 9-7. Identification of Signer of Recall Petition. Each signer of a recall petition shall sign his name thereto and shall write thereon, after his name, his place of residence in the city, by street and number.

Page 3204

Section 9-8. Affidavit of Circulation to Accompany Recall Petition. To each petition for recall there shall be attached an affidavit of the circulation thereof, stating the number of signers to such part of the petition and that each signature to the same is genuine, was made in his presence, and is that of a person whose name it purports to be. Section 9-9. Filing of Recall Petition, Notice Thereof. All papers comprising a recall petition shall be returned and filed with the city clerk, within thirty (30) days after the filing of the affidavit hereinbefore provided for. Upon the return of such petition, the person exercising the duties of city clerk shall at once submit the same to the governing authority of the city, and shall notify the officer or officers sought to be recalled of such action. Section 9-10. Fixing Date for Recall Election. If the official whose removal is sought does not resign within five (5) days after the notice provided for in section 9-9 is given, the governing authority of the city shall thereupon order and fix a day for holding a recall election, the date of which election shall be not less than fifteen (15) nor more than thirty (30) days from the time the petition for recall was presented to the governing authority of the city. Section 9-11. Form, Content of Ballot. The ballot in a recall election shall conform to the following requirements: With respect to each person whose removal is sought the question shall be submitted Shall (name of person) be removed from the office of (name office) by recall? Immediately following each of such questions there shall be printed on the ballots, in separate lines, in the sequence here set out the words: For the recall of (naming person), against the recall of (naming person). Section 9-12. Effect of Recall Election. Should a majority of the votes cast at a recall election be for the recall of the officer named on the ballot, he shall be deemed removed from office, regardless of any defects in the recall petition; but should a majority of the votes cast at such recall election be against the recall of the officer named

Page 3205

on the ballot, such officer shall continue in office for the remainder of his term, subject to recall as herein provided. Section 9-13. Effect of Election Recalling Less Than All Elective Officers. If in a recall election there shall remain, as a result of such election, one or more of such elective officers who is not recalled, then such officers or officer not recalled shall discharge all of the duties incumbent upon the governing authority of the city until the vacancy or vacancies created at such recall elections are filled by an election for that purpose, as hereinafter provided. Section 9-14. Election to Fill Vacancies Created by Recall. If at any recall election it is not proposed and submitted to recall all of the elective officers, but any one or more, fewer than all, and such election shall result in favor of the recall of one or more of such officers, proposed to be recalled, the governing authority of the city, within five (5) days after the result of such election has been certified by the mayor thereof, shall meet and on the same day order a special election to fill such vacancy or vacancies, which election shall be held not less than thirty (30) days nor more than sixty (60) days after the same has been ordered. Section 9-15. Conduct of Election to Recall All Elective Officers. If in any proposed recall election it is proposed and submitted to recall all elective officers, then there shall be placed on said ballot under the question of recall the names of candidates to fill the vacancies proposed to be created by such election, in which event, however, the name of such officers proposed to be recalled shall not appear on the ballot as condidates. Section 9-16. Authority of Superior Court of Turner County. In the event the governing authority of the city shall fail or refuse to receive a recall petition, order a recall election, or discharge any other duties with reference to such recall, or in the event of the failure of the city clerk to discharge the duties herein provided to be discharged by him, the Superior Court of Turner County, Georgia, shall discharge any of such duties herein provided

Page 3206

to be discharged by the governing authority of said city, or any of the duties herein provided to be discharged by the city clerk. ARTICLE X. DIRECTORY AND TRANSITORY PROVISIONS Section 10-1. Succession to Rights, Privileges, Remedies, Debts, Liabilities. The City of Ashburn, as continued by this charter, shall succeed to all the rights, privileges and remedies of, and is hereby made responsible as a body corporate for all the legal debts, liabilities and undertakings of, the present City of Ashburn and its former governing authorities as heretofore incorporated. Section 10-2. Preservation of Ordinances and Resolutions. All ordinances and resolutions in force at the time of the taking effect of this charter, not inconsistent with its provisions, shall continue in force until amended or repealed. Section 10-3. Preservation of Existing Officers, Salaries, Fees, Licenses, Special Taxes. Nothing in this charter shall affect the present officers of the city or their fees or salaries, or the licenses and special taxes or the tax rate fixed by the ordinances of said city for the current year. Section 10-4. Severability. If any provision of this charter shall be held to be unconstitutional or invalid for any reason, such provision only shall be invalid, and all other parts of this charter shall not be affected thereby but shall remain in full force and effect. Section 10-5. Repeal of Conflicting Laws. All laws and parts of laws in conflict with this charter shall be and are hereby repealed. Section 10-6. Acts Repealed. The following Acts of the General Assembly of the State of Georgia are hereby repealed in their entirety: Georgia Laws 1906, No. 622, page 509.

Page 3207

Section 10-7. Legal Advertisement of Notice of Intention to Apply for Local Legislation. A copy of notice of intention to apply for this local legislation and the certificate of the publisher showing publication of such notice as required by law, are attached hereto and made a part hereof, and it is hereby declared that all the requirements of the Constitution of the State of Georgia relating to publication of notice of intention to apply for the passage of local legislation have been complied with. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969, session of the General Assembly of Georgia, a bill creating a new charter for the City of Ashburn, and for other purposes. Alex Story, Mayor City of Ashburn State of Georgia, County of Turner. Personally before the undersigned officer authorized by law to administer oaths in said county, appeared F. M. Tison, who being first duly sworn deposes and says as follows: That he is co-owner and publisher of The Wiregrass Farmer, a newspaper published in said county, being of general circulation and being the newspaper in which the sheriff's advertisements are published in said county; and that the attached and foregoing is a full and true copy of notice of intention to apply for local legislation to obtain a new charter for the City of Ashburn, Turner County, Georgia, and that said notice was duly published once a week for three weeks in said newspaper, the said notice of intention having been published and advertised in said newspaper in the issues published and advertised and dated January 16th, 23rd, and 30th, 1969, respectively. /s/ F. M. Tison

Page 3208

Sworn to and subscribed before me, this the 19th day of February, 1969. /s/ James W. Hurt, Notary Public, Georgia, State at Large. My Commission expires July 9, 1972. (Seal). Approved April 23, 1969. TOWN OF ALTOAD VALOREM TAX RATE. No. 386 (House Bill No. 615). An Act to amend an Act incorporating the Town of Alto, approved December 16, 1895 (Ga. L. 1895, p. 121), as amended, so as to authorize the mayor and council of the Town of Alto to levy a tax of not more than twenty (20) mills on all property within the corporate limits of said town; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Alto, approved December 16, 1895 (Ga. L. 1895, p. 121), is hereby amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9 to read as follows: Section 9. The mayor and councilmen shall have power to levy and collect a tax not exceeding twenty (20) mills upon all the property, both real and personal, within the corporate limits of said town. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. A bill will be introduced in the General Assembly to amend the charter of the Town of Alto to permit the mayor and

Page 3209

council to levy a tax of not more than twenty (20) mills on all property within the corporative limits of said town. T. M. Martin, Mayor Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack N. Gunter who, on oath, deposes and says that he is Representative from the 6th District, and that the attached copy of notice of intention to introduce local legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following dates: January 30 and February 6, 13, 20, 1969. /s/ Jack N. Gunter Representative, 6th District Sworn to and subscribed before me, this 25th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 23, 1969. TOWN OF FORT OGLETHORPEMAYOR AND ALDERMEN. No. 387 (House Bill No. 618). An Act to amend an Act incorporating the Town of Fort Oglethorpe, approved February 17, 1949 (Ga. L. 1949, p. 703), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 2843), an Act approved

Page 3210

April 2, 1963 (Ga. L. 1963, p. 2721), and by an Act approved April 11, 1968 (Ga. L. 1968, p. 3610) so as to clarify the provisions relating to the terms of office of the mayor and aldermen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Fort Oglethorpe, approved February 17, 1949 (Ga. L. 1949, p. 703), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 2843), an Act approved April 2, 1963 (Ga. L. 1963, p. 2721), and by an Act approved April 11, 1968 (Ga. L. 1968, p. 3610), is hereby amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. Election of Mayor and Aldermen. On the first Saturday in December, 1968, an election shall be held at which the mayor and five aldermen shall be elected, who shall take office on January 1st after said election for terms of office as follows: the mayor shall serve for an initial term of office of three years and until his successor is duly elected and qualified, and, thereafter, for a term of office of two years and until his successor is duly elected and qualified. The aldermen elected to represent Ward 1 and Ward 4 shall serve for initial terms of office of three years each and until their successors are duly elected and qualified, and, thereafter, for terms of office of two years and until their successors are duly elected and qualified. The aldermen elected to represent Ward 2, Ward 3 and Ward 5 shall serve for initial and subsequent terms of office of two years each and until their successors are duly elected and qualified. Beginning with the town election in 1970, there shall be an annual election held on the first Saturday in December to elect successors to the officers of the town whose terms of office are expiring. All candidates in such election shall file with the clerk of said town at least fifteen days before said election a written and signed notice of his candidacy for the office for which he shall offer and shall file said written and signed notice at or before 5:00

Page 3211

p.m. o'clock at least fifteen days before said election. No person so failing to qualify as a candidate shall be eligible to have his name placed on the ballot in such election. The clerk under the direction of the mayor and aldermen shall have ballots prepared and no other ballots shall be used or be legal. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. There will be introduced in the 1969 Session of the General Assembly a bill to amend an act incorporating the town of Fort Oglethorpe so as to clarify the terms of office to be served by the mayor and aldermen of said town so as to provide for staggered terms as approved in the 1968 Session of the General Assembly and for other purposes. Wayne Snow City Attorney Fort Oglethorpe, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of notice of intention to introduce local legislation was published in the Catoosa County News which is the official organ of Catoosa County, on the following dates: January 30 and February 6, 13, 1969. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 25th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal).

Page 3212

Notice of Intention to Introduce Local Legislation. There will be introduced in the 1969 Session of the General Assembly a bill to amend an act incorporating the town of Ft. Oglethorpe so as to clarify the terms of office to be served by the mayor and aldermen of said town so as to provide for staggered terms as approved in the 1968 Session of the General Assembly and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of notice of intention to introduce local legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following dates: January 29 and February 5, 12, 1969. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 25th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 23, 1969. CITY OF VALDOSTACORPORATE LIMITS. No. 388 (House Bill No. 619). An Act to amend the Charter of the City of Valdosta as set forth in the Act of the General Assembly of Georgia incorporating said City, approved November 21, 1901

Page 3213

(1901 Ga. L., p. 670 to 688, inclusive), and Acts amendatory thereof: and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the act of the General Assembly of Georgia, approved November 21, 1901, incorporating the City of Valdosta (1901 Ga. L. p. 670, et seq.), together with the Acts amendatory thereof, be and the same is hereby amended as follows: Section 1. The corporate limits (Territorial Limits) of the City of Valdosta in the County of Lowndes are hereby altered, relocated and redefined so that from and after the passage of this act the said corporate limits shall be defined, located and described as follows: Beginning at the point where the east margin of the right-of-way of the Georgia Florida Railroad main line intersects the north margin of the right-of-way of Georgia State Highway No. 31 (East Park Avenue); thence running westerly along the north margin of said highway right-of-way to its intersection with the north margin of the Old Lakeland Road; thence running westerly along the north margin of said Lakeland Road to a point, said point being 1361.42 feet east of the northeast intersection of Forrest Street and Lakeland Road measured along the north margin of Lakeland Road and marked by a concrete monument, thence running north 1 degree 52 minutes west a distance of 640 feet to a concrete monument, thence running south 88 degrees 22 minutes west a distance of 1361.42 feet to a concrete monument located on the east margin of Forrest Street, thence running north 1 degree 52 minutes west along the east margin of North Forrest Street a distance of 323.27 feet to a point; thence north 88 degrees 08 minutes east 190.0 feet; thence north 1 degree 52 minutes west 203.28 feet; thence north 1 degree 37 minutes west 1866.11 feet; thence south 08 degrees 04 minutes west 190.0 feet; thence running north 01 degrees 37 minutes west along the east margin of North Forrest Street a distance of 1745.18 feet to a point at the intersection of the east margin of North Forrest Street and the south margin of Northside

Page 3214

Drive; thence north 77 degrees 05 minutes east a distance of 258 feet to a point, said point being the point of curvature of a curve having a radius of 2824.79 feet; thence eastwardly along said curve a distance of 1514.47 feet to a point; thence south 06 degrees 51 minutes east a distance of 69.78 feet to a point; thence south 88 degrees 16 minutes west a distance of 24.90 feet to a point; thence south 0 degrees 32 minutes east a distance of 460.90 feet to a point; thence south 32 degrees 51 minutes east a distance of 256.51 feet to a point; thence south 55 degrees 17 minutes east a distance of 968.5 feet to a point; thence south 74 degrees 38 minutes east a distance of 106.93 feet to a point; thence north 87 degrees 05 minutes East a distance of 486.85 feet to a point; thence north 15 degrees 03 minutes east a distance of 1054.23 feet to a point; said point being on the north margin of Northside Drive; thence running north 74 degrees 55 minutes west along the north margin of Northside Drive a distance of 298.54 feet to a point; thence north 05 degrees 51 minutes 30 seconds east a distance of 142.53 feet to a point; thence north 81 degrees 20 minutes 30 seconds west a distance of 258.86 feet to a point; thence north 84 degrees 08 minutes west a distance of 255.0 feet to a point; thence north 05 degrees 52 minutes east a distance of 319.98 feet to a point; thence north 68 degrees 22 minutes west a distance of 88.03 feet to a point; thence north 24 degrees 44 minutes 30 seconds west a distance of 84.86 feet to a point; thence north 19 degrees 37 minutes 30 seconds west a distance of 92.58 feet to a point; thence north 14 degrees 00 minutes west a distance of 172.76 feet to a point; thence north 19 degrees 08 minutes west a distance of 210.52 feet to a point; thence north 26 degrees 11 minutes east a distance of 97.0 feet to a point; thence north 14 degrees 52 minutes 24 seconds east a distance of 50.99 feet; thence north 26 degrees 11 minutes east a distance of 100.00 feet to a point; thence north 63 degrees 49 minutes west a distance of 130.28 feet to a point; thence south 77 degrees 22 minutes 23 seconds west a distance of 63.80 feet to a point; thence north 63 degrees 49 minutes west a distance of 160.00 feet to a point; thence south 12 degrees 56 minutes 30 seconds west a distance of 87.32 feet to a point; thence south 26 degrees 11 minutes west a

Page 3215

distance of 85.0 feet to a point; thence south 51 degrees 54 minutes 30 seconds west a distance of 71.12 feet west to a point; thence south 80 degrees 07 minutes west a distance of 85.59 feet to a point; thence south 03 degrees 10 minutes east a distance of 140.0 feet to a point; thence south 18 degrees 15 minutes 17 seconds east a distance of 51.79 feet to a point; thence south 03 degrees 10 minutes east a distance of 130.0 feet to a point; thence south 86 degrees 50 minutes west a distance of 90.0 feet to a point; thence south 48 degrees 52 minutes west a distance of 103.82 feet to a point; thence south 05 degrees 39 minutes west a distance of 90.47 feet to a point; thence south 17 degrees 31 minutes 38 seconds east a distance of 122.28 feet to a point; thence south 07 degrees 14 minutes east a distance of 85.0 feet to a point; thence south 20 degrees 27 minutes 28 seconds west a distance of 110.43 feet to a point; thence north 69 degrees 32 minutes 22 seconds west a distance of 35.33 feet to a point; thence south 18 degrees 06 minutes west a distance of 24.24 feet to a point; thence north 84 degrees 33 minutes west a distance of 188.21 feet to a point; thence north 64 degrees 12 minutes 48 seconds west a distance of 107.21 feet to a point; thence north 79 degrees 00 minutes west a distance of 294.57 feet to a point; thence south 85 degrees 01 minutes west a distance of 179.74 feet to a point; thence south 86 degrees 22 minutes west a distance of 50.57 feet to a point; thence south 85 degrees 01 minutes west a distance of 150.0 feet to a point; thence south 04 degrees 58 minutes west a distance of 140.08 feet to a point on the north margin of Northside Drive; thence running westwardly along the curving north margin of Northside Drive a distance of 732.51 feet to a point; thence south 77 degrees 05 minutes west a distance of 243.27 feet to a point, being the intersection of the north margin of Northside Drive with the east margin of North Forrest Street; thence continuing south 77 degrees 05 minutes west a distance of 81.60 feet to a point, being the intersection of the west margin of North Forrest Street and the north margin of the Northside Drive; thence south 01 degrees 34 minutes east a distance of 81.60 feet to a point, being the intersection of the west margin of North Forrest Street with the south margin of Northside Drive; thence south 01 degrees 34

Page 3216

minutes east a distance of 109.58 feet to a point on the west margin of North Forrest Street; thence south 88 degrees 30 minutes west a distance of 693 feet; thence running south 1 degree east to the north margin of Pineview Drive; thence running westerly along the north margin of Pineview Drive to a point 140 feet east of Dukes Avenue; thence northerly and parallel with Dukes Avenue a distance of 239 feet; thence south 89 degrees 10 minutes east 150 feet; thence north 11 degrees 15 minutes east 240 feet; thence north 89 degrees 10 minutes west a distance of 150 feet; thence north 11 degrees 15 minutes east 80 feet; thence north 89 degrees 10 minutes west a distance of 150 feet to a point on the east margin of Dukes Avenue; thence northerly along the east margin of Dukes Avenue a distance of 80 feet to a point, being the intersection of the east margin of Dukes Avenue with the south margin of Randolph Street; thence south 89 degrees 10 minutes east along the south margin of Randolph Street a distance of 377.57 feet to a point; thence north 00 degrees 50 minutes east a distance of 40 feet to a point on the north margin of Randolph Street; thence due north a distance of 372.24 feet to a point; thence south 89 degrees 00 minutes west a distance of 96.25 feet to a point; thence south 05 degrees 36 minutes west a distance of 370.4 feet to a point on the north margin of Randolph Street; thence north 89 degrees 10 minutes west along the north margin of Randolph Street a distance of 324.57 feet to a point; thence southerly along the centerline of Dukes Avenue to a point on the north margin of Pineview Drive; thence westerly along the north margin of Pineview Drive to the east margin of Bemis Road; thence running northerly along the east margin of Bemis Road a distance of 572.92 feet to a point; thence running easterly 248.8 feet to a point on the west margin of a 10 foot alley, said point being 80.0 feet from the south margin of Randolph Street measured along the west margin of said alley. Thence running northerly along the west margin of said 10 foot alley a distance of 80 feet to a point on the south margin of Randolph Street; thence running westerly along the south margin of Randolph Street a distance of 246.0 feet to a point, said point being the southeast intersection of Bemis Road and Randolph Street; thence

Page 3217

running northerly along the east margin of Bemis Road to a point located 502.81 feet south of the centerline of Habersham Road on the east margin of Bemis Road; thence south 87 degrees 07 minutes 40 seconds east a distance of 355.96 feet; thence south 88 degrees 09 minutes east a distance of 432.33 feet; thence south 88 degrees 57 minutes east a distance of 738.39 feet; thence north 1 degree 03 minutes east a distance of 165.00 feet; thence south 88 degrees 57 minutes east a distance of 160.00 feet; thence north 1 degree 03 minutes east a distance of 180.00 feet; thence north 19 degrees 29 minutes east a distance of 94.87 feet; thence north 1 degree 03 minutes east a distance of 180.00 feet; thence north 13 degrees 15 minutes west a distance of 78.73 feet; thence north 24 degrees 03 minutes east a distance of 137.46 feet; thence north 44 degrees 44 minutes west a distance of 168.57 feet; thence north 18 degrees 25 minutes east a distance of 208.55 feet; thence north 71 degrees 44 minutes west a distance of 1260.85 feet to a point located on the east margin of Bemis Road; thence south 19 degrees 30 minutes west along said margin a distance of 349.64 feet to the original north line of land lot number 80 in the 11th Land District of said county; thence running westerly along the original north line of said lot number 80 to the original northwest corner of said lot number 80; thence running south 70 degrees 02 minutes west a distance of 495.6 feet; thence running south 70 degrees 23 minutes west to the east margin of the right-of-way of North Ashley Street (U. S. Highway No. 41); thence running northwesterly along the east margin of the right-of-way of North Ashley Street (U. S. Highway No. 41) a distance of 1539.1 feet to the intersection of the north margin of Garden Drive; thence north 66 degrees 00 minutes 30 seconds east along said margin a distance of 300 feet; thence north 31 degrees 30 minutes west a distance of 225.46 feet to a point; thence north 31 degrees 34 minutes west a distance of 170.2 feet to a point located on the south margin of Barfield Drive; thence south 71 degrees 42 minutes west a distance of 308.59 feet along south margin of Barfield Drive to the east margin of North Ashley Street (U. S. Highway No. 41); thence northwesterly along the east margin of U. S. Highway No. 41 a distance of 190.3

Page 3218

feet; thence north 74 degrees 30 minutes east 311.99 feet; thence south 31 degrees 24 minutes east 125.0 feet; thence north 71 degrees 46 minutes east 88.48 feet; thence north 11 degrees 54 minutes west 291.53 feet; thence north 82 degrees 57 minutes east 1426.66 feet; thence north 2 degrees 10 minutes west 848.35 feet; thence south 86 degrees 46 minutes west 2056.55 feet to the east margin of the right-of-way of North Oak Street Extension; thence running northerly along the east margin of said street a distance of 4191.6 feet to a point; thence continuing along said margin of Cherry Creek Road (North Oak Street Extension) north 01 degrees 39 minutes west a distance of 1877.09 feet to a point; thence south 88 degrees 21 minutes west a distance of 80 feet to a point on the west margin of Cherry Creek Road; thence north 88 degrees 05 minutes west a distance of 340.65 feet to a point; thence south 86 degrees 14 minutes west a distance of 100.06 feet to a point; thence south 75 degrees 34 minutes west a distance of 102.54 feet to a point; thence north 85 degrees 45 minutes west a distance of 100.53 feet to a point; thence south 75 degrees 05 minutes west a distance of 113.01 feet to a point; thence south 52 degrees 27 minutes west a distance of 135.76 feet to a point; thence north 79 degrees 38 minutes west a distance of 117.57 feet to a point; thence north 78 degrees 05 minutes west a distance of 144.02 feet to a point; thence north 74 degrees 57 minutes west a distance of 52.20 feet to a point; thence north 86 degrees 18 minutes west a distance of 140.61 feet to a point; thence south 01 degrees 39 minutes east a distance of 793.10 feet to a point; thence south 46 degrees 22 minutes west a distance of 134.53 feet to a point; thence south 37 degrees 33 minutes east a distance of 167.57 feet to a point; thence south 46 degrees 39 minutes east a distance of 200.00 feet to a point; thence south 43 degrees 21 minutes west 150.00 feet; thence south 54 degrees 32 minutes west 50.99 feet; thence south 43 degrees 21 minutes west a distance of 130.00 feet; thence south 46 degrees 39 minutes east a distance of 140.00 feet; thence south 63 degrees 21 minutes east a distance of 52.20 feet; thence south 36 degrees 09 minutes east a distance of 137.33 feet; thence south 33 degrees 48 minutes east 259.28 feet; thence north 89 degrees 05 minutes east 1038.10 feet to a point

Page 3219

on the west margin of Cherry Creek Road (Oak Street Extension); thence running southerly along the west margin of North Oak Street Extension a distance of 800.0 feet to a point; thence south 89 degrees 05 minutes west a distance of 1050.0 feet to a point; thence south 01 degrees 22 minutes east a distance of 200.0 feet to a point; thence north 89 degrees 05 minutes east a distance of 1050.0 feet to a point, located on the west margin of North Oak Street extension; thence southerly along the west margin of North Oak Street extension a distance of 3643.11 feet to a point; thence south 89 degrees 58 minutes west a distance of 5.0 feet; thence south 75 degrees 40 minutes west 27.02 feet to the east margin of the right-of-way of North U. S. Highway No. 41; thence south 58 degrees 35 minutes west 200.0 feet to the west margin of the right-of-way of North U. S. Highway No. 41; thence south 31 degrees 25 minutes east along the west margin of the right-of-way of North U. S. Highway No. 41 a distance of 505.0 feet; thence south 14 degrees 59 minutes east 256.53 feet; thence north 89 degrees 14 minutes east 82.53 feet to the east margin of the right-of-way of North Patterson Street; thence south 14 degrees 59 minutes east along the east margin of the right-of-way of North Patterson Street a distance of 569.26 feet; thence north 67 degrees 30 minutes east 201.04 feet to a point 50.0 feet west of and perpendicular to the west margin of the right-of-way of North Ashley Street (North U. S. Highway No. 41); thence south 31 degrees 25 minutes east along a line 50.0 feet west of and parallel to the west margin of the right-of-way of North Ashley Street (North U. S. Highway No. 41) a distance of 851.88 feet to a point; thence south 75 degrees 54 minutes west a distance of 442.33 feet to a point located on the east margin of Patterson Street; thence south 14 degrees 26 minutes east a distance of 378.72 feet along the east margin of said street to the intersection of the north margin of Northside Drive; thence north 75 degrees 32 minutes east a distance of 560.30 feet along the north margin of Northside Drive to a point, said point being 50 feet west of the west margin of Ashley Street; thence south 31 degrees 25 minutes east along the west margin of Ashley Street a distance of 333.04 feet; thence south 88 degrees 30 minutes west to the center of

Page 3220

the intersection of North Oak Street and Eager Road; thence running westerly along the center line of Eager Road to a point 300 feet westerly from the west margin of Oak Street (measured perpendicular to Oak Street); thence running southerly parallel with and 300 feet westerly from the west margin of Oak Street to a point 175 feet northerly from the center line of Canna Drive (measured perpendicular to Canna Drive); thence running south 89 degrees west 2473 feet; thence running north 2 degrees 02 minutes east 1523 feet to the center line of Eager Road; thence westerly along the center line of Eager Road to its intersection with the projection of the westerly margin of the right-of-way of Country Club Road; thence northerly along the projection of the western margin of the right-of-way of Country Club Road a distance of 40.0 feet to the intersection of said right-of-way of Country Club Road and the northern margin of the right-of-way of Jerry Jones Road; thence along the northern margin of the right-of-way of Jerry Jones Road a distance of 295 feet to a point; thence north 12 degrees 07 minutes west a distance of 175.0 feet to a point; thence north 12 degrees 59 minutes west a distance of 201.98 feet; thence north 12 degrees 43 minutes east a distance of 56.02 feet; thence north 13 degrees 41 minutes west a distance of 175.0 feet; thence south 81 degrees 14 minutes west a distance of 104.93 feet; thence north 2 degrees 43 minutes west a distance of 649.59 feet; thence south 89 degrees 17 minutes west a distance of 423.2 feet; thence south 0 degrees 43 minutes east a distance of 140.0 feet; thence south 15 degrees 12 minutes east a distance of 51.6 feet; thence south 6 degrees 58 minutes east a distance of 155.0 feet; thence south 79 degrees 13 minutes west a distance of 150.0 feet; thence south 74 degrees 31 minutes west a distance of 155.0 feet; thence south 62 degrees 20 minutes west a distance of 150.0 feet; thence south 55 degrees 50 minutes west a distance of 270.0 feet; thence south 54 degrees 36 minutes west a distance of 140.0 feet; thence south 47 degrees 42 minutes west a distance of 194.7 feet; thence south 28 degrees 37 minutes east a distance of 50.1 feet; thence south 58 degrees 25 minutes west a distance of 175.0 feet; thence south 38 degrees 15 minutes east a distance of 180.0 feet; thence south 75 degrees 43 minutes

Page 3221

east a distance of 56.8 feet; thence south 48 degrees 10 minutes east a distance of 200.0 feet to a point; thence south 39 degrees 59 minutes west 129.5 feet; thence south 36 degrees 55 minutes west 129.5 feet; thence south 33 degrees 51 minutes west 129.5 feet, thence south 30 degrees 48 minutes west 128.5 feet; thence south 28 degrees 31 minutes west 122.6 feet; thence south 28 degrees 21 minutes west 340.0 feet; thence south 51 degrees 40 minutes west 95.6 feet; thence south 75 degrees 19 minutes west 106.3 feet; thence south 76 degrees 46 minutes west 64.6 feet; thence south 80 degrees 37 minutes west 106.4 feet; thence south 85 degrees 25 minutes west 106.4 feet; thence south 86 degrees 58 minutes west a distance of 393.6 feet; thence south 61 degrees 11 minutes west a distance of 159.8 feet; thence south 31 degrees 09 minutes west a distance of 162.3 feet; thence south 9 degrees 08 minutes west a distance of 170.1 feet; thence south 14 degrees 21 minutes east a distance of 286.2 feet; thence north 66 degrees 51 minutes east a distance of 237.0 feet to a point; thence south 23 degrees 09 minutes east a distance of 263.8 feet to the center of the run of Two Mile Branch; thence running westerly along the meanderings of the center of the run of Two Mile Branch to its intersection with the center of the run of another certain branch known as Sugar Creek; thence running southerly and along the center of the run of said Sugar Creek to the west margin of the right-of-way of the Georgia Southern and Florida Railroad; thence running north 16 degrees 55 minutes west along the west margin of said railroad right-of-way a distance of 751.02 feet; thence 88 degrees 31 minutes west 1815.96 feet; thence north 1 degree 29 minutes east 1751.34 feet; thence north 67 degrees 17 minutes west 97.82 feet; thence south 58 degrees 08 minutes west 674.0 feet; thence south 62 degrees 09 minutes west 278.0 feet; thence south 53 degrees 39 minutes west 480.0 feet; thence south 82 degrees 16 minutes west 125.31 feet; thence south 9 degrees 39 minutes west 152.07 feet; thence north 36 degrees 21 minutes west a distance of 376.80 feet to a point; thence south 80 degrees 30 minutes west a distance of 329.06 feet to a point; thence south 53 degrees 39 minutes west a distance of 538.00 feet to a point; thence south 36 degrees 23 minutes

Page 3222

west a distance of 298.44 feet to a point; thence south 3 degrees 11 minutes west a distance of 771.20 feet; thence south 88 degrees 29 minutes 30 seconds east a distance of 1253.57 feet to a point; thence north 48 degrees 00 minutes 48 seconds east a distance of 248.96 feet to a point; thence south 47 degrees 21 minutes east a distance of 407.52 feet to a point; thence south 88 degrees 31 minutes east a distance of 750.09 feet to a point; thence north 01 degrees 29 minutes west a distance of 450 feet to a point; thence south 88 degrees 31 minutes east 1765.96 feet; thence south 16 degrees 55 minutes east 751.02 feet; thence north 73 degrees 05 minutes east 50.0 feet to the west margin of the right-of-way of the Georgia Southern and Florida Railroad; thence running southerly along the west margin of said railroad right-of-way to the north margin of Baytree Road; thence running Westerly along the north margin of Baytree Road to the intersection of the north margin of Baytree Road with the east margin of Gornto Road; thence northerly along the east margin of Gornto Road a distance of 516.24 feet more or less to a curve; thence following the curving east margin of Gornto Road a distance of 348.18 feet to a point; thence continuing along the east margin of Gornto Road a distance of 110.90 feet to a point; thence south 46 degrees 29 minutes east a distance of 267.0 feet to a point; thence north 87 degrees 55 minutes 44 seconds east a distance of 407.87 feet to a point; thence north 01 degrees 29 minutes east a distance of 356.36 feet to a point; thence south 43 degrees 31 minutes west a distance of 481.00 feet to a point; thence south 87 degrees 55 minutes 44 seconds west a distance of 59.22 feet to a point; thence north 46 degrees 29 minutes west a distance of 258.59 feet to a point on the east margin of Gornto Road; thence continuing north 46 degrees 29 minutes west a distance of 80 feet to a point on the west margin of Gornto Road; thence running Southerly along the west margin of Gornto Road to the intersection of the west margin of Gornto Road with north margin of Baytree Road; thence running westerly along the north margin of Baytree Road to a point, being the intersection of the north margin of Baytree Road with projected west margin of Ellis Drive; thence running southwesterly across Baytree Road right-of-way and along

Page 3223

the west margin of Ellis Drive a distance of 1073 feet to a point; thence running north 89 degrees 46 minutes west a distance of 201.88 feet; thence south 80 degrees 50 minutes west a distance of 62.0 feet; thence south 2 degrees 47 minutes west a distance of 200.0 feet to a point located on the north margin of U. S. Highway No. 94; thence running north 61 degrees 24 minutes west along said margin a distance of approximately 323 feet to a point, said point being located on the west margin of Twin Street (known as Spring Hill Drive); thence north 1 degree 00 minutes west a distance of 171.00 feet to a point; thence north 47 degrees 45 minutes west a distance of 111.52 feet to a point; thence north 58 degrees 18 minutes west a distance of 130.65 feet to a point; thence south 36 degrees 40 minutes west a distance of 175.00 feet to a point on the north margin of State Road 94; thence running south 53 degrees 20 minutes east along said margin a distance of 67.67 feet to a point; thence south 61 degrees 24 minutes east along said margin a distance of 233.82 feet to a point; thence south 28 degrees 36 minutes west a distance of 76.0 feet to the south margin of said highway; thence north 61 degrees 24 minutes west along said margin a distance of 114.72 feet to a point; thence continuing along the south margin of U. S. Highway 94 a distance of 332.3 feet; thence south 57 degrees 47 minutes west a distance of 58.6 feet to the east margin of Interstate Highway I-75; thence running south 5 degrees 42 minutes east along said margin a distance of 555.3 feet; thence south 16 degrees 17 minutes east along the said east margin a distance of 378.9 feet; thence south 16 degrees 05 minutes east along said margin a distance of 107.9 feet to a point; thence north 21 degrees 56 minutes east a distance of 644.04 feet; thence south 61 degrees 24 minutes east a distance of 245 feet; thence north 28 degrees 36 minutes east a distance of 200.0 feet to a point on the south margin of U. S. Highway No. 94; thence running eastwardly along said margin a distance of 200.0 feet to a point; thence south 28 degrees 36 minutes west a distance of 200.0 feet; thence south 61 degrees 11 minutes east a distance of 200.0 feet to a point on the west margin of proposed Ellis Drive; thence south 61 degrees 11 minutes east a distance of 60 feet to a point on the

Page 3224

east margin of proposed Ellis Drive; thence south 61 degrees 11 minutes east a distance of 125.0 feet to a point; thence north 28 degrees 36 minutes east a distance of 200 feet to a point located on the south margin of U. S. Highway 94; thence north 28 degrees 36 minutes east a distance of 60 feet to a point located on the north margin of U. S. Highway 94; thence north 61 degrees 11 minutes west along the north margin of U. S. Highway 94 a distance of 211.40 feet to a point located at the northeast intersection of U. S. Highway 94 and existing Ellis Drive; thence north 4 degrees 51 minutes east along the east margin of Ellis Drive a distance of 1660 feet to the south margin of Baytree Road; thence from said point continuing eastwardly along the south margin of Baytree Road a distance of 4010 feet more or less to a point at the intersection of said margin and the west margin of the Georgia Southern and Florida Railroad right-of-way; thence continuing eastwardly along the south margin of Baytree Road to its intersection with the west margin of Melody Lane; thence running southerly along the west margin of Melody Lane to the southern end of Melody Lane; thence running due south to the center of the run of One Mile Branch; thence running Westerly along the meanderings of the center of the run of said One Mile Branch to the west margin of Gordon Street; thence running north 33 degrees 37 minutes west along the west margin of Gordon Street a distance of 469 feet; thence running south 40 degrees west 216 feet to the east margin of the right-of-way of the Georgia Southern and Florida Railroad; thence running north along said east margin of said railroad right-of-way a distance of 765 feet; thence running south 40 degrees west to the center of the run of One Mile Branch; thence running southerly and easterly along the meanderings of the center of the run of One Mile Branch to the west margin of the right-of-way of said Georgia Southern and Florida Railroad; thence running southeasterly along said west margin of said last mentioned railroad right-of-way to the west margin of Hightower Street; thence running southerly along the west margin of Hightower Street to the intersection of west margin of Hightower Street and the south margin of Magnolia Street; thence south 87 degrees 49 minutes west along the south margin of West

Page 3225

Magnolia Street a distance of 95.73 feet to a point; thence south 09 degrees 15 minutes east a distance of 107.63 feet to a point; thence south 84 degrees 05 minutes 20 seconds west a distance of 593.55 feet to a point along the center run of a small creek; thence south 13 degrees 36 minutes 20 seconds west along the center run of said creek a distance of 405.93 feet to a point; thence south 23 degrees 44 minutes 40 seconds east along the center run of said creek a distance of 48.79 feet to a point; thence north 77 degrees 17 minutes 07 seconds east a distance of 323.04 feet to a point; thence south 21 degrees 54 minutes east a distance of 631.95 feet to a point; thence north 46 degrees 36 minutes east a distance of 21.50 feet to a point; thence south 21 degrees 54 minutes east a distance of 130.83 feet to a point; thence north 27 degrees 59 minutes east a distance of 176.28 feet to a point along the curving southwesterly margin of Dunwoody Drive a total arc distance of 128.26 feet to a point (said arc distance is transversed by two chords having bearings and distance as follows: South 71 degrees 19 minutes 30 seconds east a distance of 66.32 feet to a point on said arc and south 89 degrees 16 minutes east a distance of 61.38 feet to a point where said arc ends); thence along the south margin of Dunwoody Drive north 80 degrees 45 minutes east a distance of 5 feet to a point; thence continuing north 80 degrees 45 minutes east a distance of 95.0 feet to a point on the west margin of Hightower Street; thence running southerly along the west margin of Hightower Street a distance of 330 feet to the south margin of River Street; thence southerly to a point on the north margin of the Old V. M. W. Railroad right-of-way 960 feet easterly from the east margin of Stanley Street (measured along the north margin of said railroad right-of-way); thence running westerly along the north margin of said right-of-way to the west margin of North Stanley Street; thence running southerly along the west margin of North Stanley Street, to the north margin of the right-of-way of West Hill Avenue (U. S. Highway No. 84); thence running westerly along the north margin of the right-of-way of West Hill Avenue (U. S. Highway No. 84) a distance of approximately 1570.0 feet to the east boundary of the property of W. M. Oliver, Jr.; thence running north 34 degrees 32

Page 3226

minutes west along the west boundary of said property a distance of 967.3 feet; thence running south 82 degrees 42 minutes west 200.2 feet; thence south 32 degrees 31 minutes east 1049.5 feet to the north margin of the right-of-way of West Hill Avenue (U.S. Highway No. 84); thence running along the north boundary of said right-of-way approximately 1345 feet to the east boundary of Mathis Acres, Inc.; thence north 31 degrees 48 minutes west a distance of 630.0 feet; thence south 58 degrees 11 minutes west a distance of 610.8 feet; thence north 32 degrees 48 minutes west a distance of 514.50 feet; thence running south 58 degrees 24 minutes west approximately 807.0 feet to the west margin of the right-of-way of Interstate Highway No. 75; thence southerly along the west margin of said right-of-way approximately 643.0 feet; thence westerly and perpendicular to said right-of-way a distance of 80.0 feet to a point on the west margin of the right-of-way of a county road, said point being the intersection of the west margin of said right of way and the east boundary of the property of the Standard Oil Company; thence running south 58 degrees 54 minutes west approximately 232.0 feet to the west boundary of Standard Oil Company; thence running south 26 degrees 11 minutes east along the west boundary of said property approximately 578.0 feet to the north margin of the right-of-way of U. S. Highway No. 84; thence running southerly and perpendicular to said right-of-way 150.0 feet to the south margin of the right-of-way of U. S. Highway No. 84; thence running easterly along the south margin of said right-of-way approximately 28.0 feet to the west boundary of the Val D'Aosta Company; thence south 27 degrees 55 minutes east along the west boundary of said property a distance of approximately 827.0 feet to the north margin of the right-of-way of S. C. L. Railroad; thence running north 63 degrees 53 minutes east approximately 4854.0 feet to the east boundary of the property of the S. C. L. Railroad thence north 16 degrees 56 minutes west 863.3 feet; thence north 14 degrees 16 minutes west 170.5 feet to the south margin of the right-of-way of West Hill Avenue (U. S. Highway No. 84); thence running easterly along the south margin of said right-of-way a distance of 67.0 feet to the west margin of the right-of-way

Page 3227

of South Stanley Street; thence running southerly along the west margin of Stanley Street to the southern margin of Dukes Bay Drainage Canal; thence running easterly along the southern margin of Dukes Bay Drainage Canal to the east margin of Myddleton Avenue; thence running south-easterly in a straight line to a point on the west margin of the right-of-way of Valdosta Southern Railroad main line which point is located twelve hundred thirty-seven and six tenths (1237.6) feet northerly from the center line of the Old Clyattville Road measured along the west margin of the last mentioned railroad right-of-way; thence running southeasterly in a straight line to a point on the center line of Old Clyattville Road 367 feet westerly from the center line of the Georgia Southern and Florida Railroad, Palatka Division; thence running southeasterly parallel with the last mentioned railroad to the center line of a certain Railroad side track located in the yards of the Langdale Company (which side track intersects the Southern margin of the Georgia Southern and Florida Railroad right-of-way at a point approximately 980 feet from the west margin of the right-of-way of Georgia State Highway No. 31, measured along the south margin of said Georgia Southern and Florida Railroad right-of-way); thence running southerly along the center line of said railroad side track to its intersection with the east margin of the right-of-way of the Valdosta Southern Railroad; thence running southerly along the east margin of said last mentioned right-of-way to the original south line of land lot number 63 in the 11th Land District of Lowndes County, Georgia; thence running easterly along said south line of said lot number 63 a distance of 276.5 feet; thence running north 1 degree west a distance of 316.1 feet; thence running north 89 degrees east to the west margin of the right-of-way of Madison Highway (Ga. State Highway No. 31); thence running southerly along the west margin of said Madison Highway a distance of 1281 feet to a point; thence south 88 degrees 07 minutes west a distance of 217.87 feet; thence north 11 degrees 14 minutes west a distance of 100.00 feet; thence south 88 degrees 07 minutes west a distance of 7.2 feet; thence north 11 degrees 14 minutes west a distance of 226.11 feet; thence south 88 degrees 12 minutes 56 seconds

Page 3228

west a distance of 1238.75 feet to a point located on the east margin of the Valdosta Southern Railroad right-of-way; thence continuing south 88 degrees 12 minutes 56 seconds west a distance of 154.09 feet to the west margin of said right-of-way; thence northerly along the west margin of said right-of-way to a point located on the north land line of land lot number 64 approximately 645 feet from last mentioned point; thence south 88 degrees 12 minutes 19 seconds west a distance of 3560.54 feet to a point; thence south 0 degrees 08 minutes east a distance of 486.55 feet; thence south 1 degree 14 minutes east a distance of 487.68 feet; thence south 83 degrees 18 minutes west a distance of 52.60 feet; thence south 1 degree 22 minutes east a distance of 539.65 feet to a point located on the east margin of the Valdosta-Clyattville Road; thence south 32 degrees 19 minutes 53 seconds east a distance of 791.99 feet along the east margin of said road to a point at the northeast intersection of last mentioned road and Industrial Blvd.; thence south 86 degrees 51 minutes west along the north margin of Industrial Blvd. if it were extended westerly across Valdosta-Clyattville Road a distance of 91.48 feet to a point located on the west margin of the Valdosta-Clyattville Road; thence south 61 degrees 51 minutes 07 seconds west a distance of 366.60 feet to a point located on the west line of land lot number 64; thence running south 2 degrees 09 minutes 09 seconds east a distance of 2730.03 feet along said land lot line to a point located in the center of the run of Mud Swamp Creek; thence north 89 degrees 40 minutes 08 seconds east along the meanderings of Mud Swamp Creek a distance of 215.48 feet to a point; thence north 57 degrees 49 minutes 53 seconds east a distance of 400.25 feet to a point; thence north 68 degrees 38 minutes 37 seconds east a distance of 410.22 feet to a point; thence north 61 degrees 32 minutes 25 seconds east a distance of 402.00 feet to a point; thence north 81 degrees 17 minutes 41 seconds east a distance of 383.42 feet to a point located on the west margin of the Valdosta-Clyattville Road; thence north 57 degrees 40 minutes east a distance of 80.00 feet to a point located on the east margin of the last mentioned road; thence north 85 degrees 27 minutes 40 seconds east a distance of 448.51 feet to a point; thence north 80 degrees 04 minutes 52

Page 3229

seconds east a distance of 391.67 feet to a point located on the west margin of the Valdosta Southern Railroad right-of-way; thence south 78 degrees 33 minutes east a distance of 150.00 feet to the east margin of said railroad right-of-way; thence north 69 degrees 57 minutes 35 seconds east a distance of 482.41 feet to a point; thence north 84 degrees 18 minutes east a distance of 409.78 feet to a point; thence north 78 degrees 53 minutes east a distance of 201.56 feet to a point; thence north 41 degrees 52 minutes east a distance of 194.67 feet to a point; thence north 74 degrees 25 minutes 20 seconds east a distance of 30.63 feet to a point; thence south 14 degrees 38 minutes 03 seconds west a distance of 2286.92 feet to a point; thence south 02 degrees 07 minutes 48 seconds east a distance of 1100.45 feet to a point; thence south 87 degrees 52 minutes 05 seconds west a distance of 827.84 feet to a point; thence north 28 degrees 51 minutes 10 seconds west a distance of 688.66 feet to a point located on the east margin of the Valdosta Southern Railroad; thence south 11 degrees 58 minutes 32 seconds west a distance of 4232.59 feet along the east margin of the Valdosta Southern Railroad to a point; thence north 23 degrees 44 minutes 05 seconds west a distance of 263.92 feet to a point; thence south 42 degrees 46 minutes west a distance of 2281.22 feet to a point; thence south 40 degrees 24 minutes east a distance of 595.54 feet to a point; thence north 41 degrees 56 minutes 32 seconds west a distance of 864.39 feet along the north right-of-way line of the Valdosta Southern Railroad to a point, being the point of tangent of the curve, then following the right-of-way line through a 2 degrees 53 minute curve a distance of 1039.28 feet to a point, being the point of curve; thence north 11 degrees 58 minutes 32 seconds east along the north right-of-way line of the Valdosta Southern Railroad a distance of 581.08 feet to a point; thence south 23 degrees 44 minutes 05 seconds east a distance of 263.92 feet to a point; thence south 11 degrees 58 minutes 32 seconds west a distance of 366.30 feet to a point being the point of curve on the south right-of-way line of the Valdosta Southern Railroad; thence following the right-of-way line a distance of 1116.78 feet through a 2 degree 41 minute curve to the point of tangent; thence south 41 degrees 56 minutes 32 seconds

Page 3230

west a distance of 884.58 feet along the south right-of-way line of the Valdosta Southern Railroad to a point; thence south 40 degrees 24 minutes east a distance of 654.26 feet to a point; thence south 55 degrees 46 minutes east a distance of 431.72 feet to a point; thence north 25 degrees 42 minutes east a distance of 2861.58 feet to a point; thence north 55 degrees 46 minutes west a distance of 304.73 feet to a point; thence north 89 degrees 12 minutes 14 seconds east a distance of 2237.26 feet to a point; thence south 10 degrees 46 minutes east a distance of 3614.89 feet to a point; thence north 79 degrees 14 minutes east a distance of 1809.10 feet to a point; thence north 01 degrees 19 minutes west a distance of 323.10 feet to a point; thence north 30 degrees 44 minutes west a distance of 399.35 feet to a point; thence north 25 degrees 24 minutes west a distance of 494.60 feet to a point; thence north 40 degrees 48 minutes east a distance of 550.27 feet to a point on the west margin of State Route 31; thence north 10 degrees 44 minutes 26 seconds west a distance of 8641.28 feet along the west margin of State Road 31 to a point; thence south 79 degrees 55 minutes west a distance of 133.20 feet to a point; thence north 81 degrees 01 minutes west a distance of 36.70 feet to a point; thence north 80 degrees 17 minutes west a distance of 112.57 feet to a point; thence north 85 degrees 23 minutes west a distance of 219.51 feet to a point; thence north 86 degrees 44 minutes east a distance of 145.95 feet to a point; thence north 10 degrees 44 minutes east a distance of 368.70 feet to a point; thence north 81 degrees 06 minutes east a distance of 627.36 feet to a point located on the west margin of State Route No. 31; thence north 11 degrees 14 minutes west along said margin a distance of 1420.94 feet to the southwest intersection of the right-of-way of Industrial Blvd. and State Route No. 31; thence north 86 degrees 51 minutes east along the south margin of Industrial Blvd. if it were extended easterly a distance of 101.00 feet to a point located on the east margin of State Route No. 31; thence north 11 degrees 14 minutes west a distance of 557.50 feet along the east margin of State Route No. 31 to a point; thence north 69 degrees 02 minutes 04 seconds east a distance of 1978.84; thence north 12 degrees 17 minutes west a distance of 1037.05 feet; thence

Page 3231

south 69 degrees 19 minutes 43 seconds west a distance of 1957.85 feet to a point located on the east margin of State Road No. 31; thence running northerly a distance of 1170.50 feet to the intersection of the east margin of said Madison Highway and the south margin of Tucker Road; thence running easterly along the southern margin of Tucker Road to the east margin of the right-of-way of the Georgia Southern and Florida Railroad, Palatka Division; thence running southeasterly along the east margin of said last mentioned right-of-way to the southern most corner of the State Farmers Market property in said county; thence running north 40 degrees 32 minutes east seven hundred forty-seven (747) feet; thence running Southeasterly parallel with the west margin of the right-of-way of U. S. Highway No. 41 (South Patterson Street) a distance of three hundred (300) feet; thence running north 40 degrees 32 minutes east to the east margin of the last mentioned highway right-of-way; thence running northerly along the east margin of said U. S. Highway right-of-way to the east margin of South Lee Street; thence running northerly along the east margin of South Lee Street to the south margin of the right-of-way of Georgia State Highway No. 94; thence running easterly along the south margin of said State Highway No. 94 right-of-way to the original east line of land lot number 76 in the 11th Land District of said county; thence running northerly along the east original lines of said land lot number 76 and land lot number 77 in said land district to an iron pin located in the approximate center of Ulmer Avenue, said iron pin is located at the northwest corner of land lot number 109 in the 11th Land District; thence running north 89 degrees 00 minutes east along the south lot line of the land lot 108 a distance of 769.37 feet to an iron pin; thence running north 01 degrees 00 minutes west a distance of 125 feet to an iron pin; thence running north 22 degrees 48 minutes west a distance of 53.85 feet to an iron pin; thence running north 01 degrees 00 minutes west a distance of 112.00 feet to an iron pin; thence running north 46 degrees 00 minutes west a distance of 49.50 feet to an iron pin; thence running north 02 degrees 38 minutes 38 seconds west a distance of 353.40 feet to an iron pin

Page 3232

located on the south margin of the right-of-way of the Old Statenville Road; thence running eastwardly along the south margin of the Old Statenville Road a distance of 1300.38 feet approximately to a point; thence north 17 degrees 04 minutes west 40.0 feet; thence north 2 degrees 51 minutes west a distance of 1536.84 feet; thence south 86 degrees 59 minutes west a distance of 133.6 feet; thence south 79 degrees 25 minutes west a distance of 314.17 feet; thence south 76 degrees 04 minutes 30 seconds west a distance of 328.95 feet; thence south 2 degrees 28 minutes east a distance of 1609.07 feet to a point located on the north margin of the Old Statenville Road; thence running along said margin a distance of 60.0 feet to a point; thence north 2 degrees 58 minutes west a distance of 730.22 feet; thence south 81 degrees 02 minutes west a distance of 875.61 feet; thence south 42 degrees 01 minutes east a distance of 867.90 feet to a point on the north margin of the Old Statenville Road; thence running westerly along said margin approximately 768 feet to the east original line of land lot number 77 in the 11th Land District of said county; thence running northerly along the east original line of land lots numbers 77 and 78 in said land district to the south margin of the right-of-way of the S. C. L. Railroad; thence running easterly along the southern margin of the last mentioned railroad right-of-way to a point; said point being the intersection of the south margin of the Seaboard Coastline railroad and the west margin of the Industrial Boulevard, formerly known as Clay Road; thence running south 5 degrees 35 minutes east along the west margin of Industrial Boulevard a distance of 1049.18 feet to a point; thence running along the west margin of said boulevard and along a curve whose radius is 17,148.8 feet a distance of 982.71 feet; thence running south 52 degrees 18 minutes east along the west margin of Industrial Boulevard a distance of 1434.65 feet to a point, said point being on the north right-of-way of the Georgia Southern and Florida Railroad; thence running north 89 degrees 10 minutes east a distance of 86.2 feet to a concrete monument; thence running north 89 degrees 10 minutes east along the north margin of the Georgia Southern Railroad right-of-way a distance of 2077.43 feet to a concrete monument;

Page 3233

thence running north 1 degree 49 minutes west along the east land lot line of land lot 108 of the 11th land district a distance of 1024.25 feet; thence running south 88 degrees 42 minutes 40 seconds west along the north land lot line of said land lot 108 a distance of 2091.71 feet to a concrete monument on the East margin of Industrial Boulevard; thence running north 2 degrees 18 minutes west along the east margin of said Industrial Boulevard a distance of 428.86 feet to a point; thence running along the east margin of said boulevard and along a curve whose radius is 17,228.8 feet a distance of 987.30 feet to a point; thence running north 05 degrees 35 minutes west along the east margin of said Boulevard a distance of 1078.00 feet to a point, said point being the intersection of the south right-of-way of the Seaboard Coastline Railroad and the east margin of the Industrial Boulevard, thence running easterly along the south margin of said railroad to the original west land lot line of land lot number 153 in the 11th Land District of said county; thence running northerly along the course of the said west line of said land lot number 153 to the center of the run of Knight's Creek; thence running in a generally westerly direction up the meanderings of the center of the run of Knight's Creek to the original east line of the land lot number 106 in the 11th Land District of said county; thence running due west to the east margin of the right-of-way of the Georgia and Florida Railroad; and thence running northerly along the east margin of said Georgia and Florida Railroad right-of-way to the North margin of the right-of-way of Georgia State Highway No. 31 and the point of beginning. Provided, however, that there is excepted and excluded from the territory within the corporate limits of said city the following described area, to wit: Beginning at the intersection of the west margin of South Patterson Street (U. S. Highway No. 41) in Lowndes County, Georgia, with the south margin of Dampier Street, and from said intersection running westerly along the south margin of Dampier Street approximately 975 feet to the center of a drainage ditch or canal; thence running

Page 3234

southerly along the center of said drainage ditch to the north margin of the right-of-way of Tucker Road; thence running easterly along the north margin of the right-of-way of Tucker Road to the west margin of the right-of-way of U. S. Highway No. 41; thence running northerly along the west margin of the right-of-way of said U. S. Highway No. 41 to a point 78 feet northerly from the north margin of Lela Avenue (measured along the west margin of the right-of-way of U. S. Highway No. 41; thence running southwesterly at right angles with said highway right-of-way a distance of four hundred sixty feet; thence running Northwesterly parallel with said highway right-of-way a distance of sixty feet; thence running northeasterly perpendicular to said highway right-of-way four hundred sixty feet to the west margin of said highway right-of-way; thence running northwesterly along the west margin of said highway right-of-way to the south margin of Dampier Street and the point of beginning. Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Section 4. There is attached hereto and made a part of this Act a copy of the published notice of intention to apply for the passage of this Act and a certificate of the publisher of The Valdosta Daily Times, the newspaper in which sheriff's advertisements for Lowndes County are published, certifying that said copy is true and correct and that the same has been published as provided by law.

Page 3235

Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made to the 1969 session of the General Assembly of Georgia for the passage of a bill amending the charter of the City of Valdosta, which bill shall be entitled as follows: A bill entitled: An Act to amend the charter of the City of Valdosta as set forth in the Act of the General Assembly of Georgia incorporating said city, approved November 21, 1901 (1901 Ga. L., pages 670 to 688, inclusive), and Acts amendatory thereof; to alter, relocate and redefine the corporate limits of said city; and for other purposes. Henry T. Brice City Attorney Georgia, Lowndes County. I, Tenney S. Griffin, do hereby certify and on oath depose and say that I am the publisher of the Valdosta Daily Times which is the newspaper in which sheriff's advertisements for Lowndes County, Georgia, are published; that the attached and foregoing instrument entitled Notice of Intention to Apply for Local Legislation is a true and correct copy of a notice which was published in said newspaper once a week for four weeks on the 10th, 17th, 24th and 31st of January, 1969; and that said notice has been published as provided by law and as prescribed by Article III, Section VII, Paragraph XV of the Constitution of Georgia. /s/ Tenney S. Griffin Sworn to and subscribed before me, this 13th day of February, 1969. /s/ Henry T. Buice Notary Public. Lowndes County, Georgia. (Seal). Approved April 23, 1969.

Page 3236

CITY OF AUGUSTAELECTIONS. No. 389 (House Bill No. 621). An Act to amend an Act providing a charter for the City of Augusta, approved January 31, 1798, as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2120), an Act approved March 10, 1959 (Ga. L. 1959, p. 2774), and an Act approved March 17, 1960 (Ga. L. 1960, p. 3161), so as to change the date of the general election in said city; to change the time during which notification of candidacy shall be filed; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a charter for the City of Augusta, approved January 31, 1798, as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2120), an Act approved March 10, 1959 (Ga. L. 1959, p. 2774), and an Act approved March 17, 1960 (Ga. L. 1960, p. 3161), is hereby amended by striking from the tenth unnumbered paragraph of section 1 of the amendatory Act of 1955, wherever the same shall appear the following: second Wednesday in October and substituting in lieu thereof the following: second Tuesday in October, so that when so amended said tenth paragraph shall read as follows: When elections shall be held. The mayor is elected on the second Tuesday in October of every third year, beginning in 1957 by the voters of the city. The members of council, of whom there are two for each ward, are elected, one from each ward, on the second Tuesday in October of each year, beginning in 1955 and continuing thereafter excepting the years of general election for mayor, for the term of three

Page 3237

years each by the qualified registered voters of the City of Augusta at large and not by the voters of the respective wards. Section 2. Said Act is further amended by striking from section 1 of said amendatory Act of 1955 the following phrase as it appears in the first sentence of the eleventh unnumbered paragraph thereof: at least fifteen days but not more than thirty-five days before said election and substituting in lieu thereof the following: at least fifteen days but not more than forty-five days before said election, and by striking from the last sentence thereof the following. shall not be held on the second Wednesday in October but, so that when so amended said eleventh paragraph shall read as follows. Notification of candidacy for mayor or council. Every person hereafter intending to become a candidate for the office of mayor of the City of Augusta or for membership in the city council of said city, whichever the case may be at any regular or special city election, shall either by themselves or by the proper authorities of the party nominating them, file notice of their candidacy with the mayor or mayor pro tempore of the City of Augusta, at the same time filing a copy of said notification of their candidacy with the clerk of council of the city council of Augusta, at least fifteen days but not more than forty-five days before said election. Said declaration or notification of such intention, which shall state the position, and in the case of the candidacy being for membership in the city council, the ward in which said candidate is offering for election and anyone filing such declaration shall do so during the office hours of the city offices prescribed by the ordinances of

Page 3238

the city council of Augusta. A written acknowledgment of the receipt of such declaration from said clerk or his deputy shall always be evidence of its filing. Upon the filing of a copy of said notification with the clerk of council of the city council of Augusta, each candidate for the office of mayor shall pay an entrance fee of three hundred dollars ($300.00) and each candidate for membership in the city council shall pay an entrance fee of one hundred dollars ($100.00). Such entrance fees shall not be refunded, even in the event of the withdrawal of the candidate, but shall be used for the purpose of partially defraying the cost of holding the election. Provided, that in the event a candidate for the office of mayor of the City of Augusta shall die between the expiration of the time for qualifying and the time fixed by law for the election, the election for mayor in that event shall be held on such day as may be fixed by the city council of Augusta at a special meeting to be called by the mayor or mayor pro tempore, which said special meeting shall be held within fifteen (15) days from the date of the death of the deceased candidate for the office of Mayor, with the date of the election being fixed at least (30) days but not more than fifty (50) days after said special meeting, and the entrance fee of the deceased candidate shall be refunded to his legal representative. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the JanuaryMarch, 1969 Session of the General Assembly of Georgia a bill to amend the Charter of the City of Augusta, Incorporated as The City Council of Augusta by an Act approved January 31, 1798 (Ga. L. 1798) as amended by the various amendatory acts thereof and especially as amended by an Act approved February 8, 1955 (Ga. L. 1955, pages 2120-2139) referred to as the city election law, as subsequently amended, so as to specify the day on which the term of office of the mayor and members of council commences and expires; to change the date of the general

Page 3239

election in each year from the second Wednesday to the second Tuesday of October thereof; to change the time during which notification of candidacy for mayor or member of council shall be given; and for other purposes. Samuel C. Waller City Attorney The City Council of Augusta Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Connell who, on oath, deposes and says that he is Representative from the 79th District, and that the attached copy of notice of intention to introduce local legislation was published in The Augusta Herald which is the official organ of Richmond County, on the following dates: January 3, 10 17, 1969. /s/ Jack Connell Representative, 79th District Sworn to and subscribed before me, this 25th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 23, 1969. WALKER COUNTYPROCUREMENT OF SUPPLIES FOR SHERIFF'S OFFICE. No. 390 (House Bill No. 625). An Act to amend an Act placing the sheriff of Walker County upon an annual salary, approved March 20, 1965 (Ga. L. 1965, p. 2886), so as to provide that the sheriff

Page 3240

shall have the authority to place orders for the purchase of certain supplies, equipment and materials; to provide that the fiscal authority of Walker County shall promptly make payment for such supplies, equipment and materials; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Walker County upon an annual salary, approved March 20, 1965 (Ga. L. 1965, p. 2886), is hereby amended by adding between sections 4 and 5 a new section to be known as section 4A and to read as follows: Section 4A. The sheriff shall have the authority to place orders or make the necessary requisitions for the procurement or purchase of such supplies, equipment, materials and motor vehicles as shall be required in the operation of his office, if such expenditures have been authorized or provided for in the budget provided for above. The payment of such expenses, costs and charges shall be made by the fiscal authority of Walker County promptly upon receipt of proper documentation, but in no event later than 30 days from the receipt thereof. Purchase of supplies, etc. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff of Walker County upon an annual salary, so as to change certain provisions relating to purchases which are required by the sheriff's office, and provisions for the payment of all expenditures of the office of sheriff, and for other purposes. This 10 day of Feb., 1969. Ralph H. Jones

Page 3241

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of notice of intention to introduce local legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following dates: February 6, 12, 19, 1969. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 25th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 23, 1969. CITY OF LYONSCORPORATE LIMITS, REFERENDUM. No. 391 (House Bill No. 631). An Act to amend an Act incorporating the City of Lyons, approved August 7, 1907 (Ga. L. 1907, p. 765), as amended, particularly by an Act approved March 20, 1963 (Ga. L. 1963, p. 2356), so as to change the corporate limits of said city; to provide for a referendum; 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 Lyons, approved August 7, 1907 (Ga. L. 1907, p. 765), as amended,

Page 3242

particularly by an Act approved March 20, 1963 (Ga. L. 1963, p. 2356), is hereby amended by adding to the end of section 2 the following: In addition to the present corporate limits of the City of Lyons, as defined above, the corporate limits of said city shall also include and embrace the following described property, to-wit: `Start at the geographical center of the City of Lyons, which is located at the intersection of the center of U. S. Highway No. 1 (also known as State Street) with the center of the right-of-way of the Seaboard Air Line Railroad Company; thence south 68 degrees 13 minutes west 7,920 feet to a point of beginning; thence north 79 degrees 01 minutes west 3496 feet to a point; thence north 79 degrees 27 minutes west 260.8 feet to a point; thence north 79 degrees 58 minutes west 337 feet to a point; thence south 53 degrees 47 minutes west 192.4 feet to a point; thence south 72 degrees 43 minutes west 182.4 feet to a point; thence north 49 degrees 43 minutes west 129 feet to a point; thence North 51 degrees 07 minutes west 207.4 feet to a point; thence north 28 degrees 34 minutes west 114.4 feet to a point; thence north 01 degrees 40 minutes west 161.6 feet to a point; thence north 40 degrees 21 minutes west 215 feet to a point; thence south 54 degrees 39 minutes west 39 feet to a point; thence south 54 degrees 08 minutes west 1180.5 feet to a point; thence north 9 degrees 42 minutes east 5229.2 feet to a point; thence south 79 degrees 01 minutes east 4656.25 feet to a point at the present city limits of the City of Lyons; thence along an arc; which is the present city limits of Lyons, 2108.01 feet (the chord of said arc extending south 5 degrees 59 minutes west 2091.46 feet) to a point; thence along an arc; which is the present city limits of Lyons, 2789.94 feet (the chord of said arc extending south 11 degrees 42 minutes east 2774.80 feet) to the point of beginning, all as shown on a map of the same dated November 11, 1967.' Corporate limits. Section 2. Not less than 45 nor more than 60 days after the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of

Page 3243

Toombs County to issue the call for an election for the purpose of submitting this Act to the voters of Toombs County residing within the area defined in Section 1 of this Act, for approval or rejection. The ordinary shall set the date of such election for a day not less than 15 nor more than 30 days after the issuance of the call. The ordinary 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 Toombs County. The ballot shall have written or printed thereon the words: For approval of the Act changing the corporate limits of the City of Lyons. Against approval of the Act changing the corporate limits of the City of Lyons. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, provided the residents of the tract of land described in section 1 of this Act are furnished with the same city services as the majority of residents of other areas of the city within 12 months following the approval of this Act in such referendum, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Lyons. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the 1969 session of the General Assembly of Georgia, a bill to amend the charter of the City of Lyons so as to enlarge

Page 3244

the corporate limits of the City of Lyons and for other purposes. This 10th day of January, 1969. W. J. (Bill) Salem, Representative, Post 1, 51st District State of Georgia. County of Toombs. Personally appeared before the undersigned officer, Harry M. Rhoden, who on oath says that he is the publisher of the Lyons Progress and that the legal notice of intention to introduce local legislation, a bill to amend the charter of the City of Lyons and for other purposes appeared in the issues of The Lyons Progress on January, 16, 1969, January 23, 1969, and January 30, 1969. The said newspaper being published in the City of Lyons, Toombs County, Georgia and being the official organ of said county. /s/ Harry M. Rhoden Editor and Publisher /s/ Mrs. Floyd Sapp Notary Public, Georgia State at Large. My Commission Expires Apr. 15, 1972. (Seal). Approved April 23, 1969. CITY OF LYONSCORPORATE LIMITS, REFERENDUM No. 392 (House Bill No. 632). An Act to amend an Act incorporating the City of Lyons, approved August 7, 1907 (Ga. L. 1907, p. 765), as amended, particularly by an Act approved March 20,

Page 3245

1963 (Ga. L. 1963, p. 2356), so as to change the corporate limits of said city; to provide for a referendum; 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 Lyons, approved August 7, 1907 (Ga. L. 1907, p. 765), as amended, particularly by an Act approved March 20, 1963 (Ga. L. 1963, p. 2356), is hereby amended by adding to the end of section 2 the following. In addition to the present corporate limits of the City of Lyons, as defined above, the corporate limits of said city shall also include and embrace the following described property, to-wit: `All that certain tract or parcel of land situate, lying and being in the 1536th G. M. District, Toombs County, Georgia, being more fully described by a plat made by John E. Dykes, Surveyor, dated February 14, 1969, recorded in Plat Book 3, page 147, Toombs County Records, and being more fully described as follows: Beginning at a point located on a surveyor's line running north 77 49 minutes west 7,920 feet from the center point of the City of Lyons, Toombs County, Georgia; thence north 80 00 minutes west for a distance of 1,478.40 feet; thence south 7 03 minutes west for a distance of 1,447.38 feet; thence south 61 57 minutes east for a distance of 110.22 feet; thence south 43 00 minutes west for a distance of 790.02 feet; thence south 23 30 minutes east for a distance of 1,271.16 feet; thence south 54 00 minutes west for a distance of 1,526.58 feet; thence northwest along the run of Swift Creek to a point from which a surveyor's line is shown on the aforesaid plat running south 88 04 minutes east a distance of 2,831.40 feet, the surveyor's line intersecting the run of Swift Creek, the intersecting surveyor's line and Swift Creek being marked by a stake, said point being presently the point where the northeastern-most part of lands presently owned by Ben Jack McDilda adjoin lands presently owned by Union Bag Camp Paper Corporation; thence south 88 04 minutes east for a distance of 2,831.40

Page 3246

feet to the present city limits of the City of Lyons, as defined in Georgia Laws, 1963 Session, Vol. 2, pp. 2356-2358. Section 2. Not less than 45 nor more than 60 days after the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Toombs County to issue the call for an election for the purpose of submitting this Act to the voters of Toombs County residing within the area described in Section 1 of this Act, for approval or rejection. The ordinary shall set the date of such election for a day not less than 15 nor more than 30 days after the issuance of the call. The ordinary 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 Toombs County. The ballot shall have written or printed thereon the words: For approval of the Act changing the corporate limits of the City of Lyons. Against approval of the Act changing the corporate limits of the City of Lyons. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, provided the residents of the tract of land described in Section 1 of this Act are furnished with the same city services as the majority of residents of other areas of the city within 12 months following the approval of this Act in such referendum, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Lyons. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.

Page 3247

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the 1969 session of the General Assembly of Georgia, a bill to amend the Charter of the City of Lyons so as to enlarge the corporate limits of the City of Lyons and for other purposes. This 10th day of January, 1969. W. J. (Bill) Salem, Representative, Post 1, 51st District State of Georgia. County of Toombs. Personally appeared before the undersigned officer, Harry M. Rhoden, who on oath says that he is the publisher of the Lyons Progress and that the legal notice of intention to introduce local legislation, a bill to amend the Charter of the City of Lyons and for other purposes appeared in the issues of the Lyons Progress on January 16, 1969, January 23, 1969, and January 30, 1969. The said newspaper being published in the City of Lyons, Toombs County, Georgia and being the official organ of said county. /s/ Harry M. Rhoden Editor and Publisher /s/ Mrs. Floyd Sapp Notary Public, Georgia State at Large. My Commission Expires April 15, 1972. Approved April 23, 1969.

Page 3248

CITY OF ARNOLDSVILLEINCORPORATED No. 393 (House Bill No. 634). An Act to incorporate the City of Arnoldsville in the County of Oglethorpe; to create a new charter for said city; to prescribe the corporate limits of said city; to provide for the government of said city; to provide for the officials of said city and their selection, oath, compensation, powers, duties and terms of office; to provide for filling vacancies; to provide for the organization and administration of said city; to provide for the fiscal administration of the city government; to provide for the levy and collection of ad valorem taxes; to provide for elections; to provide for the qualifications of candidates and electors; to provide for registration of voters; to provide for the method of conducting elections; to provide for the establishment of a recorder's court; to provide for the appointment of the recorder; to provide for the qualifications and compensation; to provide for the jurisdiction of the recorder's court; to provide for appeals from the recorder's court; to provide for the payment of court costs; to provide for rules for the recorder's court; to provide severability; to repeal specific laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I. CHARTER, CITY LIMITS AND CORPORATE POWERS Section 1.01. This Act shall constitute the whole charter of the City of Arnoldsville, Georgia, in the County of Oglethorpe, which with its inhabitants are hereby constituted and declared to be a body politic and corporate by the name of the City of Arnoldsville, Georgia, and by that name shall have perpetual succession, may contract and contract with, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure. Charter.

Page 3249

Section 1.02. City Boundaries. The boundaries of the City of Arnoldsville shall include that territory hereinafter described: All that tract and parcel of land lying and being in Georgia, Oglethorpe County, 1303 District GM, lying in what is known as Arnoldsville Community of said county and being more particularly described as follows: Beginning at a point which is located south 26 30[UNK] west 1780 feet of a point which is located in the center of the intersection of the Georgia Railroad right-of-way and a paved road crossing said Georgia Railroad right-of-way and said intersection being near the Arnoldsville post office; and thence running north 15 East 7590 feet to a point; thence running south 75 east 1320 feet to a point; thence running south 15 west 7590 feet to a point; and thence running north 75 west 1320 feet to the beginning point. Section 1.03. Corporate Powers. The corporate powers of the city, to be exercised by the city council, may include the following: (a) To levy and to provide for the assessment, valuation, reevaluation, and collection of taxes on all property subject to taxation. (b) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions. (c) To appropriate and borrow money to provide for payment of the dates of the city, and to authorize the expenditure of money for any municipal purpose, or for matters of national or State interest, and 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 issues by municipalities in effect at the time said said issue is undertaken.

Page 3250

(d) To acquire, dispose of, and hold in trust or otherwise, any real, personal or mixed property, inside or outside the city. (e) To condemn property, inside or outside the city, for present or future use, and for any corporate purpose deemed necessary by the city council, under Section 36-202 of the Code of Georgia of 1933, or under other applicable public acts. (f) To acquire, construct, operate, distribute, sell, and dispose of public utilities, including but not limited to a waterworks system, sewerage system, a natural gas system, an electrical power system, and a community antenna television system, subject to the provisions of applicable general law. For water, gas and electricity furnished, and for all sewerage and sanitary services rendered, said city may prescribe the charges, rates, fares, fees, regulations and standards and conditions of service to be provided and shall have a lien against any property of the persons served; said lien to be enforceable in the same manner and with the same remedies as a lien for city property taxes. (g) To grant franchises or make contracts for public utilities and public services including but not limited to those stated above, not to exceed periods of twenty years. The council may prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Public Service Commission. (h) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, educational, recreational, conservation, 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 acquired by condemnation under Section 36-202 of

Page 3251

the Code of Georgia of 1933, or other applicable public acts. (i) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (j) To provide for the collection and disposal of garbage, rubbish and refuse. Charges or fees may be imposed to cover the costs of such services which, if unpaid, shall constitute a debt which shall be subject to a lien against any property of persons served, which lien shall be enforceable in the same manner, and under the same remedies, as a lien for city property taxes. (k) To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, morals, safety, security, peace, convenience, or general welfare of inhabitants of the city. (l) To define a nuisance in the city and to provide for its abatement. The recorder of the city shall have jurisdiction of all nuisance abatement proceedings in the city. The city may provide by ordinance for any building, structure, or condition maintained in violation of any valid law of this state or any valid ordinance of the city, to be adjudged a nuisance and for its abatement at the owner's expense upon his failure or refusal to abate the same within ten days after written notice from the city to do so. (m) To establish minimum standards for, and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city and to provide for the enforcement of such standards. (n) To provide that persons given jail sentences in the recorder's court shall work out such sentences in any public works or on the public streets of the city as provided by ordinance; or the council may provide for the commitment

Page 3252

of city prisoners to any county work camp, or jail, by agreement with the appropriate county officers. (o) To regulate and license, or prohibit, the keeping or running at large of animals and fowl and to provide for the impoundment of same, in violations of any ordinance or lawful orders, also to provide for their disposition, by sale, gift, or humane destruction, when not redeemed as provided by ordinance; to provide punishment for violation of ordinances enacted hereunder. (p) 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 amounts prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles. (q) to levy and provide for the collection of special assessments to cover costs for any public improvements. (r) To provide that upon the conviction of the violation of any ordinance, rule, regulation or order, the offender may be punished within limitations prescribed by the mayor and council in such ordinance, rule, regulation, or order but not exceeding the limitations prescribed by this charter. (s) 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, morals, and general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the Constitution or general laws of the State of Georgia. No enumeration of particular powers in this Act 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

Page 3253

unless expressly prohibited to cities under the Constitution or applicable public acts of the State. (t) to levy taxes and to make appropriations for the purpose of advertising said city and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises into the city, and also to levy taxes and to make payment from the general revenues and funds of the city for the support of public hospitals, and libraries. (u) to regulate and control public streets, public alleys and ways; and in the discretion of the mayor and council by ordinance to alter, open or close public streets and public alleys and ways without notification. ARTICLE II. CITY GOVERNMENT Section 2.01. Establishment of City Government. The corporate governmental powers of the City of Arnoldsville shall be vested in a mayor and five councilmen to be known as the Mayor and Council of the City of Arnoldsville. The mayor and council shall be elected at large by the qualified voters of the city and shall exercise their powers in such manner as prescribed by this charter, the Constitution and applicable general laws of the State of Georgia, or if not prescribed, in such manner as prescribed by the duly established ordinances of the City of Arnoldsville. Section 2.02. Qualifications for Mayor and Councilmen. To be eligible for the office of mayor or councilman, a person must be at least twenty-one years of age, be a freeholder of the city, and must meet the requirements of a qualified elector for members of the General Assembly, except as hereinabove stated, as prescribed by State law and must have been a bona fide resident of the City of Arnoldsville for at least one year next preceding the election in which he offers as a candidate. Section 2.03. Election of Mayor and Councilmen. (a) On

Page 3254

the second Tuesday in December in 1969, an election shall be conducted by the ordinary of Oglethorpe County during the same hours and at the same places for holding general elections and under the election laws of this State, to elect a mayor and five councilmen from the city at large. Any elector who meets the qualifications under Section 2.02, except the residential qualification of one year, may be qualified as a candidate by qualifying with said ordinary at least fifteen days in advance of the election. Each elector shall be entitled to vote for one candidate for mayor and five candidates for councilman. (b) In the first election as provided herein, the five candidates for councilmen receiving the highest number of votes and the mayor shall take office on the first day of January following their election and shall serve for a term of office of one year and until their successors are duly elected and qualified. (c) After the first election provided above, subsequent elections shall be conducted by the city election managers during the same hours and at the same time and place for holding general elections and under election laws of this State. Any elector who meets the qualifications under Section 2.02 may be qualified as a candidate by qualifying with the city clerk as provided in Section 5.01. Successors who are elected to the initial positions of mayor and councilmen, as provided for herein, shall be elected on the second Tuesday in December of each year and they shall take office on the first day of January following their election and serve as a term of one year and until their successors are duly elected and qualified. (d) No formality shall invalidate an election, provided it is conducted fairly and in substantial conformity with the requirements of this Act and the general election laws of this State. Section 2.04. City Council. The governing body of said city shall be composed of a mayor and five councilmen, in which is vested all corporate, legislative and other powers

Page 3255

of the city, except as otherwise provided in this Act. The Council shall hold regular public meetings at a stated time and place as provided by ordinance. The council shall meet in special sessions on call of the mayor or the mayor pro tem and two councilmen, and notice of which has been served on the other members personally or left at their residence at least twelve hours in advance of the meeting. But such notice of a special meeting shall not be required if the mayor and all councilmen are present when the special meeting is called. Such notice of a special meeting shall be considered waived if the mayor and all councilmen are present when the special meeting is convened. Only the business stated in the written call may be transacted at a special meeting, except by unanimous consent of all members of the council. The council shall exercise its power in public meetings. A majority of the council shall constitute a quorum. The council may, by ordinance, adopt rules and by-laws to govern the conduct of its business; including procedures and penalties for compelling the attendance of absent members. The council may provide by ordinance for punishment for contemptuous behavior conducted in the presence of the council. Section 2.05. Mayor as Presiding Officer. The mayor shall preside at meetings of the council, shall have a vote only in the case of a tie vote by councilmen; shall have veto power, and the mayor shall have five days after meetings of the council in which to file with the clerk in writing his dissent, but the council may at the same meeting or at any subsequent meeting within thirty days, pass any such ordinances, order or resolution, notwithstanding the veto, by a vote of four-fifths of the total number of councilmen, to be taken by ayes and nays, and entered upon the minutes; shall be the ceremonial head of the city; shall sign ordinances and resolutions on their final passage; may obtain short-term loans in the name of the city when authorized by the council to do so; shall sign deeds, bonds and contracts when authorized by the council to do so; and shall perform such other duties imposed by this charter and duly adopted ordinances.

Page 3256

Section 2.06. Mayor Pro tem. The council at the first regular meeting, and after the newly elected councilmen have taken office following each regular election, shall elect from its membership a mayor pro tem for a term of one year. Upon the council's failure to elect a mayor pro tem at its first meeting in February of each year, the incumbent councilman who receive the highest number of votes, when last elected, shall be declared mayor pro tem. The mayor pro tem shall perform the duties of the mayor during his absence from the city or his disability. Section 2.07. Vacancy in Office of Mayor or Councilmen. (a) A vacancy shall exist if the mayor or a councilman resigns, dies, moves his residence from the city, or is absent from four consecutive regular meetings of the governing authority, except if granted a leave of absence by the council; or if he is adjudged incompetent or is convicted of malfeasance in office, or of a felony, or any violation of election laws. (b) The council shall appoint a qualified person to fill any such vacancy in the office of councilman for the remainder of the unexpired term. (c) At no time shall there be more than one council member so appointed holding office; and if a vacancy occurs on the council with one member so appointed on the council, a special election shall be held within a period of forty-five days after the office becomes vacant pursuant to a call of a special election as provided by this charter; however, if a special election is called pursuant to this charter, the vacancy previously filled by appointment as well as the existing vacancy shall be filled for the unexpired terms in a special election: Provided, however, if a regular election for the city shall be held within three months after the second vacancy occurs, the first vacancy previously filled by appointment and the second vacancy shall be filled for the unexpired terms at such regular election. (d) In the event a vacancy should occur in the office of the mayor, a special election shall be called and held in

Page 3257

the manner prescribed by the Georgia Municipal Election Code (Title 34A, Code of Georgia of 1933) as it now exists or may hereafter be amended. Section 2.08. Compensation and Expenses. The council may determine the salary of the mayor and councilmen by ordinances, provided that salary changes enacted shall not become effective until the expiration of a period of six months after such change. Each councilman and the mayor, when authorized by the council and upon presentation of itemized vouchers shall receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.09. City Clerk. (a) The council shall appoint a city clerk who shall be ex officio treasurer. He shall be responsible for keeping and preserving the city seal and all records of the council attending meetings of the council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the vote of each member on each question, each motion considered, and the text of each resolution or ordinance considered; preparing and certifying copies of official records in his office, for which fees may be prescribed by ordinance; and performing such other duties as may be required by the council or mayor. (b) The mayor and council shall require the clerk-treasurer, before entering upon discharge of his duties to give good and sufficient bond in the amount to be decided by the mayor and council, but not less than $2,500.00, said bond payable to the City of Arnoldsville, for the faithful performance of his duties and to secure against corruption, malfeasance, misappropriations or unlawful expenditures. Said surety bond shall be obtained from a surety company licensed to do business in the State of Georgia and approved by the mayor and council, and the premium thereon shall be paid by the city. Section 2.10. City Legislation. (a) Any action of the council, having a regulatory or penal effect or required to be done by ordinance under this Act, shall be done only

Page 3258

by ordinance. Each resolution and ordinance shall be in written form before being introduced. The affirmative vote of at least three members of the council shall be required to pass any resolution or ordinance. After adoption of ordinances, the city clerk shall number ordinances consecutively, in the order of their final adoption, and shall copy them into a permanent record book used solely for this purpose; and the city clerk shall do likewise for resolutions, using a separate series of numbers and a separate record book. The original copies of all ordinances, resolutions, and motions shall be filed and preserved by the city clerk. Section 2.11. Readings. No ordinance, except in the case of an emergency which shall be stated in the ordinance, shall be approved until it shall have been read at two consecutive council meetings not less than seven days apart. ARTICLE III. ORGANIZATION AND PERSONNEL Section 3.01. Organization. The council, by such ordinances, may establish, abolish, merge or consolidate offices, positions of employment, departments and agencies of the city; may provide that the same person shall fill a 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. Section 3.02. Administrative Duties of Mayor. The mayor shall be the executive head of the city government, responsible for the efficient and orderly administration of the city's affairs. He shall be responsible for the enforcement of laws, rules and regulations, ordinances and franchises in the city; and the city attorney shall take such legal action as the mayor may direct for such purposes. He may conduct inquiries and investigations into the conduct of the city's affairs and shall have such powers and duties as may be provided by ordinance not inconsistent with this charter.

Page 3259

Section 3.03. City Attorney. The mayor and council shall appoint a city attorney, together with such assistant city attorneys as may be authorized by ordinance. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a part; may be the prosecuting officer in the recorder's court, shall attend the meetings of the council as directed; shall advise the council, mayor, and other officers and employees of the city, concerning legal aspects of the city's affairs. Section 3.04. Oath of Office. Before a person takes any office in the city government, he shall take before an officer of the State, authorized to administer oaths, the following such oath or affirmation: I solemnly swear (or affirm) that I will support the Constitution of the United States and of the State of Georgia; that I will in all respects, observe the provisions of the charter and ordinances of the City of Arnoldsville, and I will faithfully discharge the duties of the office of...... So help me God. Section 3.05. Political Activity Prohibited. No officer or employee of the city, other than the mayor and councilmen, shall continue in the employment of the city after becoming a candidate for election to any city office. Section 3.06. Personal Financial Interest. Any city officer or employee who has a financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract with the city or in the sale of any land, material, supplies or services to the city or to a contractor supplying the city shall make known that interest by announcement at a council meeting or in writing to the city clerk and shall refrain from voting upon or otherwise participating in his capacity as a city officer or employee in the making of such sale or in the making or performance of such contract. Any city officer or employee who wilfully conceals such financial interest or wilfully violates the requirements of this section shall upon conviction be guilty of malfeasance in office or position and shall forfeit his office

Page 3260

or position. Violation of this section with the knowledge express or implied of the person or corporation contracting with or making a sale to the city shall render the contract or sale voidable by the mayor and council. Section 3.07. City Planning and Renewal. The council may create and establish a planning commission pursuant to the provisions of general law as they now exist or as they may hereinafter be amended. ARTICLE IV. FISCAL ADMINISTRATION Section 4.01. Fiscal Year. The fiscal year of the city government shall begin on the first day of July and shall end on the thirtieth day of June of each year, but a different fiscal year may be fixed by ordinance for the entire city government or for any utility. Said fiscal year shall constitute the budget year and the year for fiscal accounting and reporting of every office, department, agency and activity of the city government, unless otherwise provided by law. Section 4.02. Mayor to Submit Annual Budget. On or before a date fixed by the council, but not later than forty-five days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed operating budget for the next fiscal year, showing separately for the general funds, each utility, and each other fund the following: (a) the revenue and expenditure during the preceding fiscal year, (b) appropriations and estimated revenue and expenditures for the current fiscal year, (c) estimated revenue and recommended expenditure for the next fiscal year, (d) a comparative statement of the assets, liabilities, reserves, and surplus at the end of the preceding fiscal year and estimated assets, liabilities, reserves and surplus at the end of the current fiscal year, and (e) such other information and data, as may be considered necessary by the mayor and council. Section 4.03. Action by Council on Budget. Before the beginning of the ensuing fiscal year, the council shall adopt

Page 3261

an appropriate ordinance, based on the mayor's budget, with such modifications as the council considers necessary or desirable. Appropriations need not be in more detail than a lump sum for each department, office, and agency unless otherwise directed by the council. The council shall not make any appropriations in excess of estimated revenue, except to provide for an actual emergency threatening the health, property, or lives, safety or general welfare of the inhabitants of the city; provided the council unanimously agrees that there is such an emergency. If conditions prevent the adoption of an appropriation ordinance before the beginning of the new fiscal year, the appropriations for the last fiscal year shall become the appropriations for the new fiscal year, subject to amendment as provided by ordinance specifically passed for such purpose. Section 4.04. Additional Appropriations. The council may make appropriations in addition to those contained in the current operating budgets, at any regular or special meeting called for such purpose, but any such additional appropriation may be made only for an existing unappropriated surplus in the fund to which it applies. Section 4.05. Lapse of Appropriations. All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made. Section 4.06. Capital Improvements Budget. (a) On or before a date fixed by the council but not later than forty-five days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed capital improvements budget with his recommendations as to the means of financing such improvements. The council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such projects are included in the capital improvements budget, except to meet

Page 3262

a public emergency threatening the lives, health or property of the inhabitants, when passed by four-fifths vote to the membership of the council. Such capital improvements budget may be revised and extended each year with regard to the capital improvements still pending or in the process of construction or acquisition. (b) Before the beginning of the ensuing fiscal year, the council shall adopt an appropriate ordinance based on the proposed capital improvements budget, with such modifications as the council considers necessary or desirable. No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned, provided the mayor may submit amendments to the capital improvements budget at any time during the fiscal year. Any such amendments to the capital improvements budget shall become effective only upon adoption by a majority vote of the council. Section 4.07. Sale of City Property. The mayor and council may sell any city property which is obsolete, surplus or unusable at public or private sale, with or without advertisement; and for such consideration as the mayor and council shall deem equitable and just to the city. Section 4.08. Annual Audit. The mayor and council shall employ a public accountant or certified public accountant to make an annual audit of all financial books and records of the city. The accountant shall file his report with the mayor and council and shall prepare a summary of the report which shall be furnished or made available to the mayor and every councilman. Section 4.09. Publication of Financial Statement. As soon as practicable after the close of the fiscal year, but within six months after the close thereof, the mayor and council shall cause to be published in a local newspaper, a statement of financial condition which shall contain a statement of revenues and expenditures showing all municipal accounts as of the close of such preceding fiscal year. Such statement of financial condition shall be prepared so as to

Page 3263

fairly represent the general financial condition of the city, as of the close of the preceding fiscal year. Section 4.10. Property Taxes. All property subject to taxation for State or county purposes, assessed as of January 1, in each year, shall be subject to a property tax levied by the city. All property subject to taxation in the city shall be returned for taxes each year on or before April 1. If such return is not made, the mayor and council is authorized to assess a penalty of not more than ten percent of the taxes due on said property. Taxes shall be due on October 1 of each year and shall become past due or delinquent if not paid on or before December 20, of each year. The council by ordinance may elect to use the county assessment for the year in which city taxes are to be levied, or may provide for an independent city evaluation or assessment as provided by Georgia law. If an independent city assessment is made, a board of equalization, consisting of three freeholders of the city appointed by the mayor and council, with compensation fixed by ordinance, shall hear appeals of taxpayers taken within ten days after the city clerk has sent a notice, by ordinary mail, or a new or increased assessment; provided that such notice shall not be required, nor may appeals be taken, in the case of initial city assessments that are the same as county assessments. Except as otherwise provided in this section, appeals involving city property assessments may be taken as now or as may hereinafter be provided by general law. Section 4.11. Tax Levy. The council shall make a tax levy, expressed as a fixed millage rate per $100.00, but not in excess of an aggregate of twenty mills, of assessed valuation. Section 4.12. Tax Bills. (a) The city shall send tax bills to taxpayers, showing the assessed valuations, amount of taxes due, tax due dates and information as to delinquency dates and penalties. Failure to send tax bills shall not, however, invalidate any tax. Property taxes shall become delinquent if not paid on or before December 20, of each year, at which time a penalty of ten percent in addition to fi. fa. charge shall be added and thereafter such taxes shall be

Page 3264

subject to interest at the rate of seven percent per annum, from the due date until paid. On and after the date when such taxes become delinquent, the tax records of the city shall have the force and effect of a judgment of a court of record. (b) Said city shall have the right, power and authority to provide by ordinance for the return of all real and personal property for taxation, to provide for the compelling of such return, and to provide penalties for failure to do so; to double tax defaulters, after due notice and hearing to be prescribed by the mayor and council, for the current or any previous year, not in any conflict with any limitation prescribed by the laws of Georgia; to prescribe the time or times at which said returns are due; to provide the time or times when said taxes shall be due and payable. Section 4.13. Collection of Delinquent Taxes. The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk and executed by the chief of police under the same procedure provided by laws governing execution of such process from the superior court, or by the use of any other available legal processes and remedies. A lien shall exist against all property on which city property taxes are levied, as of the assessment day of January 1 of each year, which shall be superior to all other liens except that it shall have equal dignity with those for federal, State or county taxes. Section 4.14. Transfer of Executions. The city clerk of the city of Arnoldsville shall be authorized to transfer and assign any fi. fa. or execution issued for street, sewer, or any other assessment in the same manner, upon the same terms, and to the same effect, and thereby vest the purchaser or transferee, with the same rights as in cases of sales or transfers of tax fi. fas. as now provided by law; and all sales of property hereafter made under execution in behalf of the city for the collection of street, sewer and other assessments, the owner or owners, as the case may be, are authorized to redeem same within the same time and on compliance with the same terms and payment of the

Page 3265

same premium, interest and costs, as in cases of redemption of property where sold under State or county ad valorem tax fi. fa., as the same now exists, or as may from time to time be provided by law. Section 4.15. Special Assessments. The council may assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing gutters, sewers, or other utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates, and shall thereupon be subject, in addition to fi. fa. charges, to a penalty of 10 per cent and shall thereafter be subject to interest at the rate of seven per cent per annum from due date until paid. A lien for such amount plus fi. fa. charges, interest and penalties, shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided in this Article for city property taxes. ARTICLE V. ELECTIONS Section 5.01. Qualifications of Candidates. Any person desiring to become a candidate in any regular or special election, shall file written notice of his candidacy with the city clerk not less than fifteen days prior to the date fixed for the holding of any such election. His notice of candidacy shall be accompanied by such qualification fee, if any, as may be required by ordinance: Provided, however, such qualification fee shall not exceed $50.00. Section 5.02. Qualification of Electors. Any person meeting the qualifications of an elector for members of the General Assembly under State law who has been a bona fide resident of the City of Arnoldsville for ninety days next preceding the election in which he desires to vote, shall be

Page 3266

qualified to register as an elector in any city election held under this charter. Section 5.03. Applicability of General Laws. Except as otherwise provided by this charter, the election of all officials of the City of Arnoldsville where provision is made for election by the qualified voters thereof, shall be conducted as to primary, special or general elections in conformity so far as applicable with the provisions of the Georgia Municipal Election Code and Title 34A of the Code of Georgia of 1933 as it now exists or may hereafter be amended. Section 5.04. Place of Elections. The polling place or places for holding elections shall be prescribed by the mayor and council and shall be published in the election notice as required by law. Section 5.05. Voter Registration. In all elections held in the City of Arnoldsville, whether primary elections, special or general elections, the voters, in addition to the qualifications already prescribed, shall be registered as may be prescribed by ordinance. Section 5.06. Rules. The mayor and council are hereby authorized to enact by ordinance such additional rules consistent with this charter and general laws as are deemed necessary for the conduct of elections. Section 5.07. Absentee Ballots. The mayor and council in its discretion is authorized to provide by ordinance for absentee ballots for any city election. ARTICLE VI. RECORDER'S COURT Section 6.01. Creation. There is hereby established a court to be known as the Recorder's Court, City of Arnoldsville which shall have jurisdiction and authority to try offenses against laws and ordinances of said city and to punish for a violation of the same. Such court shall have

Page 3267

the power to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance, and to punish also any person who may counsel or advise, aid, encourage, or to persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the City of Arnoldsville constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof; to establish bail and recognizances to insure the presence of those charged with violations and may prescribe the conditions of forfeiture of the same; and to administer oaths and to perform all other acts necessary and proper to the conduct of said court. The presiding officer of such court shall be known as the recorder. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. The court shall sit at a place designated by the council. Section 6.02. Recorder. (a) No person shall be qualified or eligible to serve as recorder unless he shall have attained the age of twenty-one years, shall be qualified to vote in Arnoldsville, and Oglethorpe County, and shall have resided therein at least one year immediately preceding his election. The recorder shall be appointed by the mayor and council, and shall serve at the discretion of the mayor and council. The compensation of the recorder shall be fixed by the mayor and council. Nothing herein shall disqualify the mayor or any councilman from serving as recorder or recorder pro tem. (b) Before entering on duties of his office, the recorder shall take an oath before an officer duly authorized to administer oaths in this State, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor or partiality. This oath shall be entered upon the minutes of the meeting of the mayor and council.

Page 3268

Section 6.03. Jurisdiction . The recorder shall have power to impose fines, costs and forfeitures for the violation of any law or ordinance of the City of Arnoldsville passed in accordance with this charter, to an amount not to exceed $200.00, to imprison offenders for a period of not more than sixty days, or at labor on the roads and streets or other public works of said city for not more than sixty days; and the said recorder shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said recorder shall not have the authority to inflict a greater punishment for contempt than to impose a fine of $100.00 or imprisonment not exceeding twenty days, or any combination of the two. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of Arnoldsville which warrants may be executed by any officer of said city, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said city. The recorder's court shall also have concurrent jurisdiction with that of the justice of the peace over offenses against criminal laws of the State committed within the corporate limits. Except as may be herein otherwise specified, the recorder is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the City of Arnoldsville. The recorder's court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits granted by State laws generally to mayors, and recorders, and police courts, and particularly such laws as authorize the abatement of nuisances. Said recorder is hereby authorized to administer oaths. Section 6.04. Right of Appeal . The right of appeal to the superior court of Oglethorpe County from the recorder's court shall lie in the same manner and under the same procedure as generally prescribed for appeals from the court of ordinary. An appeal to the superior court shall be a de novo proceeding.

Page 3269

Section 6.05. Court Costs . In all cases in the recorder's court of the City of Arnoldsville, the costs incurred and allowable herein may be computed under the provisions of the laws of the State of Georgia fixing costs in the justice of the peace courts of said State, or the city council may establish a schedule of fees to defray the costs of operation and the city shall be entitled to reimbursement of the costs, meals, transportation, and caretaking of prisoners bound over to the superior court for violations of State law. The council may also provide a uniform scale of costs of the clerk and police officers of said city for all services in the arrest and prosecution of offenders in the recorder's court and in the issuance and collection of tax and other executions; and for their collections and payment into the city treasury. The recorder, or the city clerk in the recorder's name, is hereby authorized to issue subpoenas to compel the attendance of witnesses to said recorder's court, and to issue such other processes as may be necessary to the proper administration of said court. Section 6.06. Rules for Court . With the approval of the council, the recorder shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the business of said court: Provided, however, that the mayor and council may adopt in part or in toto the rules and regulations relative to the procedures to the operation of the superior courts under the general laws of the State of Georgia. ARTICLE VII . SEVERABILITY Section 7.01. Severability . In the event of any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phases of this Act, which shall remain of so full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged

Page 3270

invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. ARTICLE VIII. EFFECTIVE DATE Section 8.01. Effective Date. For the purpose of electing the mayor and council of the City of Arnoldsville, the provisions of this Act shall become effective upon approval by the Governor or upon becoming law without his approval. The provisions of this Act not related to the election of the mayor and council shall become effective January 1, 1970. ARTICLE IX REPEALER Section 9.01. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. I, George B. Brooks, the author of a bill incorporating the City of Arnoldsville in Oglethorpe County, Georgia, do hereby certify that the standards prescribed in an Act providing certain minimum standards prerequisite to the original incorporation of a municipality, approved April 2, 1963 (Ga. L. 1963, p. 251), as amended, do exist as to the area embraced within the corporate limits provided in this bill. /s/ George B. Brooks Representative, 17th District Notice of Intention to Submit Legislation Notice is hereby given that a bill will be introduced in the next session of the General Assembly of the State of

Page 3271

Georgia for the purpose of incorporating the town of Arnoldsville, in Oglethorpe County, Georgia, and for other purposes. George B. Brooks Representative-elect, 17th Legislative District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George B. Brooks who, on oath, deposes and says that he is Representative from the 17th District, and that the attached copy of notice of intention to introduce local legislation was published in The Oglethorpe Echo which is the official organ of Oglethorpe County, on the following dates: January 9, 16, 23, 1969. /s/ George B. Brooks Representative, 17th District Sworn to and subscribed before me, this 25th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 23, 1969. CHATTOOGA COUNTYCLERICAL HELP FOR ORDINARY. No. 394 (House Bill No. 635). An Act to amend an Act placing the ordinary of Chattooga County on a salary basis, approved April 5, 1961 (Ga. L. 1961, p. 3491), as amended by an Act approved March

Page 3272

25, 1964 (Ga. L. 1964, p. 3176), so as to change the amount which may be expended for clerical help for the ordinary; 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 placing the ordinary of Chattooga County on a salary basis, approved April 5, 1961 (Ga. L. 1961, p. 3491), as amended by an Act approved March 25, 1964 (Ga. L. 1964, p. 3176), is hereby amended by striking from Section 3 the following: two thousand four hundred dollars ($2,400.00), and inserting in lieu thereof the following: two thousand eight hundred dollars ($2,800.00), so that when so amended Section 3 shall read as follows: Section 3. The ordinary may appoint such clerical help as he deems necessary. However, not more than two thousand eight hundred dollars ($2,800.00) per annum shall be expended by the county for the compensation of all such employees. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to change the amount which may be paid to the clerical

Page 3273

help of the ordinary of Chattooga County and for other purposes. This 14th day of January, 1969. James H. Sloppy Floyd Representative, 7th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James H. Floyd who, on oath, deposes and says that he is Representative from the 7th District, and that the attached copy of notice of intention to introduce local legislation was published in The Summerville News which is the official organ of Chattooga County, on the following dates: January 16, 23 and 30th, 1969. /s/ James H. Floyd Representative, 7th District Sworn to and subscribed before me, this 26th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 23, 1969. CITY COURT OF CHATTOOGA COUNTYNAME CHANGED TO CIVIL AND CRIMINAL COURT OF CHATTOOGA COUNTY. No. 395 (House Bill No. 637). An Act to amend an Act creating the City Court of Chattooga County, approved March 10, 1941 (Ga. L. 1941, p.

Page 3274

621), as amended, so as to change the name of the City Court of Chattooga County to the Civil and Criminal Court of Chattooga County; to provide that the changing of the name of said court shall not affect the status of the court in any other manner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be in enacted by the General Assembly of Georgia: Section 1. An Act creating the City Court of Chattooga County, approved March 10, 1941 (Ga. L. 1941, p. 621), as amended, is hereby amended by striking the words City Court of Chattooga County wherever the same shall appear, and inserting in lieu thereof the words Civil and Criminal Court of Chattooga County so that from and after the effective date of this Act said court shall be known as the Civil and Criminal Court of Chattooga County. The status of said court shall not be changed in any manner other than the change of name and all laws which were applicable to the City court of Chattooga County shall continue to be applicable to the newly named court and all future laws which would have been applicable to the City Court of Chattooga County shall be applicable to the Civil and Criminal Court of Chattooga County. It is the intention of this Act that only the name of the court shall be changed. Name changed. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to change the name of the City Court of Chattooga

Page 3275

County from City Court of Chattooga County to Civil and Criminal Court of Chattooga County and for other purposes. This 14th day of January, 1969. James H. Sloppy Floyd Representative, 7th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James H. Floyd who, on oath, deposes and says that he is Representative from the 7th District, and that the attached copy of notice of intention to introduce local legislation was published in The Summerville News which is the official organ of Chattooga County, on the following dates: January 16, 23 and 30th, 1969. /s/ James H. Floyd Representative, 7th District Sworn to and subscribed before me, this 26th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 23, 1969. CHATTOOGA COUNTYSALARY OF DEPUTY CLERK OF SUPERIOR COURT. No. 396 (House Bill No. 638). An Act to amend an Act placing the clerk of the superior court of Chattooga County on a salary basis, approved March 18, 1964 (Ga. L. 1964, p. 2991), as amended by an

Page 3276

Act approved February 28, 1966 (Ga. L. 1966, p. 2643), so as to change the maximum amount which may be paid the deputy clerk; to provide an effective date; to repeal conflicting laws; and for other purposes. Be in enacted by the General Assembly of Georgia: Section 1. An Act placing the clerk of the superior court of Chattooga County on a salary basis, approved March 18, 1964 (Ga. L. 1964, p. 2991), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2643), is hereby amended by striking from section 2 the following: thirty-six hundred dollars ($3,600.00), and inserting in lieu thereof the following: four thousand dollars ($4,000.00), so that when so amended section 2 shall read as follows: Section 2. The clerk is hereby authorized to appoint a deputy clerk to assist him in the performance of his duties and to fix the compensation of such deputy clerk at not more than four thousand dollars ($4,000.00) per annum, which compensation shall be paid in equal monthly installments from the funds of Chattooga County. The clerk is hereby authorized to employ additional help and fix the compensation therefor, but such compensation shall not exceed eighteen hundred dollars ($1,800.00) per annum which shall be paid in equal monthly installments from the funds of Chattooga County. Salary. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3277

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to change the amount which may be paid to the deputy clerk of clerk of superior court of Chattooga County and for other purposes. This 14th day of January, 1969. James H. Sloppy Floyd Representative, 7th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James H. Floyd who, on oath, deposes and says that he is Representative from the 7th District, and that the attached copy of notice of intention to introduce local legislation was published in The Summerville News which is the official organ of Chattooga County, on the following dates: January 16, 23 and 30th, 1969. /s/ James H. Floyd Representative, 7th District Sworn to and subscribed before me, this 26th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 23, 1969.

Page 3278

CHATTOOGA COUNTYSALARY OF DEPUTY TAX COMMISSIONER. No. 397 (House Bill No. 639). An Act to amend an Act creating the office of tax commissioner of Chattooga County, approved March 21, 1968 (Ga. L. 1968, p. 2492), so as to change the compensation of the deputy tax commissioner of Chattooga County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be in enacted by the General Assembly of Georgia: Section 1. An Act creating the office of tax commissioner of Chattooga County, approved March 21, 1968 (Ga. L. 1968, p. 2492), is hereby amended by striking from section 4 the following: three thousand six hundred dollars ($3,600.00), and inserting in lieu thereof the following: four thousand dollars ($4,000.00), so that when so amended section 4 shall read as follows: Section 4. The tax commissioner is authorized to appoint a deputy to assist him in the performance of his duties. Such deputy shall be compensated in the amount of four thousand dollars ($4,000.00) per annum, payable in equal monthly installments from the funds of Chattooga County. The tax commissioner is authorized to employ such additional personnel to assist him in discharging the official duties of his office as he shall deem proper. The compensation of such additional personnel shall be paid from county funds. However, the total compensation to be paid by the county for all such additional personnel shall not exceed eighteen hundred dollars ($1,800.00) during any one calendar year. All expenses incurred by the tax commissioner in operating and discharging the official duties of his

Page 3279

office, except as herein provided, including, but not limited to, office equipment, supplies, fixtures, and utility expenses, shall be paid by the county from county funds. Salary. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to change the amount which may be paid to deputy of tax commissioner of Chattooga County and for other purposes. This 14th day of January, 1969. James H. Sloppy Floyd Representative, 7th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James H. Floyd who, on oath, deposes and says that he is Representative from the 7th District, and that the attached copy of notice of intention to introduce local legislation was published in The Summerville News which is the official organ of Chattooga County, on the following dates: January 16, 23 and 30th, 1969. /s/ James H. Floyd Representative, 7th District

Page 3280

Sworn to and subscribed before me, this 26th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 23, 1969. COBB COUNTYCOMPENSATION OF BOARD OF COUNTY COMMISSIONERS. No. 398 (House Bill No. 642). An Act to amend an Act creating a board of commissioners for Cobb County, Georgia, approved June 19, 1964 (Ga. L. 1964 Ex. Sess., p. 2075), as amended by an Act approved March 5, 1965 (Ga. L. 1965, p. 2192), an Act approved February 28, 1966 (Ga. L. 1966, p. 2070), an Act approved March 31, 1967 (Ga. L. 1967, p. 2350), an Act approved April 18, 1967 (Ga. L. 1967, p. 3182), and an Act approved April 11, 1968 (Ga. L. 1968, p. 3581), so as to change the compensation of the commissioners, other than the chairman; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners for Cobb County, Georgia, approved June 19, 1964 (Ga. L. 1964 Ex. Sess., p. 2075), as amended by an Act approved March 5, 1965 (Ga. L. 1965, p. 2192), an Act approved February 28, 1966 (Ga. L. 1966, p. 2070), an Act approved March 31, 1967 (Ga. L. 1967, p. 2350), an Act approved April 18, 1967 (Ga. L. 1967, p. 3182), and an Act approved April 11, 1968 (Ga. L. 1968, p. 3581), is hereby amended by striking from section 8 the following: three thousand six hundred ($3,600.00) dollars, and inserting in lieu thereof the following:

Page 3281

three thousand nine hundred sixty ($3,960.00) dollars, so that when so amended section 8 shall read as follows: Section 8. Compensation. Commissioners, other than the chairman, shall be paid as their entire compensation for services as same, the sum of three thousand nine hundred sixty ($3,960.00) dollars per annum, payable monthly, to be paid out of the county treasury upon warrants drawn upon the county treasury. The chairman shall receive as his entire compensation the sum of fifteen thousand ($15,000.00) dollars per annum, payable monthly, also to be paid out of the county treasury upon warrants drawn upon the county treasury. The salary so fixed shall constitute the entire compensation from all sources to which said chairman or either commissioner shall be entitled. They shall not be entitled to any further compensation for serving on any other boards or authorities by virtue of their office. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1969 Session of the General Assembly of Georgia, a bill to amend an act creating a board of commissioners of roads and revenue for Cobb County, Georgia approved June 19, 1964, (Ga. L. 1964, Ex. Sess., p. 2075); and for other purposes. Cyrus M. Chapman Sam P. Hensley Senators George H. Kreeger Eugene Housley Howard Atherton A. L. Burruss Joe Mack Wilson J. H. Henderson, Jr. Hugh Lee McDaniell Representatives

Page 3282

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Mack Wilson who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of notice of intention to introduce local legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 24, 31 and February 7, 1969. /s/ Joe Mack Wilson Representative, 117th District Sworn to and subscribed before me, this 7th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 23, 1969. DODGE COUNTYACT PLACING SHERIFF AND CLERK OF SUPERIOR COURT ON SALARY BASIS AMENDED. No. 400 (House Bill No. 660). An Act to amend an Act changing from the fee system to the salary system in the County of Dodge, State of Georgia, the sheriff of said county and the clerk of the superior court thereof, approved March 10, 1959 (Ga. L. 1959, p. 2721), as amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 3128), an Act approved April 5, 1961 (Ga. L. 1961, p. 3424), an Act approved April 9, 1963 (Ga. L. 1963, p. 3237) and an Act approved February 28, 1967 (Ga. L. 1967, p. 2072), so as to change the compensation

Page 3283

of the sheriff and the clerk of the superior court of said county; to allow an additional deputy sheriff of said county; to change the compensation of the deputy sheriff of said county; to change the compensation allowable for the additional deputy sheriff; to change the compensation allowable to the deputy clerk of the superior court and assistant deputy clerk of the superior court; to provide for the employment of an additional assistant in said clerk's office when required; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing from the fee system to the salary system in the County of Dodge, State of Georgia, the sheriff of said county and the clerk of the superior court thereof, approved March 10, 1959 (Ga. L. 1959, p. 2721), as amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 3128), an Act approved April 5, 1961 (Ga. L. 1961, p. 3424), an Act approved April 9, 1963 (Ga. L. 1963, p. 3237) and an Act approved February 28, 1967 (Ga. L. 1967, p. 2072), is hereby amended by striking from section 1 the words and figures eight thousand seven hundred dollars ($8,700.00); and the words and figure eight thousand four hundred dollars ($8,400.00) and inserting in lieu thereof the words and figures eleven thousand one hundred dollars ($11,100.00), and the words and figures ten thousand eight hundred dollars ($10,800.00) respectively, so that when so amended section 1 shall read as follows: Section 1. The salaries for the officers herein named shall be their full and complete salary, except as herein stated, and all fees or other emoluments now allowed or hereafter allowed by any authority of law, shall be construed to be county funds and accountable for as such. The sheriff

Page 3284

of Dodge County, Georgia, shall receive a salary of eleven thousand one hundred dollars ($11,100.00) per year and the clerk of the superior court of said county shall receive the salary of ten thousand eight hundred dollars ($10,800.00) per year, both salaries being payable monthly by the Commissioner of Roads and Revenues of said county out of the general funds of said county. Salaries. Section 2. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 which shall read as follows: Section 5. The sheriff of Dodge County may employ one deputy sheriff, to be paid a salary not in excess of five hundred twenty-five dollars ($525.00) per month as determined by said sheriff out of the general funds of said county. In addition thereto the sheriff may, with the prior approval of the Commissioner of Dodge County, employ an additional deputy sheriff, who may be a part-time deputy sheriff or a full-time deputy sheriff, and who shall be paid a salary not in excess of five hundred twenty five dollars ($525.00) per month based on full-time service as determined by the commissioner of said county, and whose salary shall be paid out of the general funds of said county. In addition thereto the sheriff may, with the prior approval of the commissioner of Dodge County, employ an additional deputy, who shall have the special duty in addition to the regular duties of a deputy sheriff, to collect and preserve all delinquent state, county and school taxes and special levies, to retire county and school bonds and to levy all tax fi fas placed in the hands of the sheriff or his deputy, by the tax commissioner of Dodge County, as well as any tax fi fas that may be presently in the sheriff's possession. Said deputy shall by the tenth day of each month pay over to the tax commissioner of Dodge County all taxes collected and shall make a monthly report thereof to the tax commissioner of Dodge County, furnishing a copy of said report to the commissioner of roads and revenues of Dodge County. Nothing herein contained shall keep said deputy sheriff from performing any other duty assigned to him by the sheriff nor shall the sheriff be relieved of any duty imposed on him

Page 3285

by law to levy any tax fi fas placed in his hands. Said deputy sheriff shall be subject to removal from office by either the sheriff or the commissioner of Dodge County. Said deputy sheriff shall be paid an annual salary out of the general funds of said county, which annual salary shall be a minimum of three thousand dollars ($3,000.00) and a maximum of three thousand six hundred dollars ($3,600.00), as set from time to time by the commissioner of said county, said salary to be paid monthly. Said deputy sheriff shall enter into a bond in the sum of five thousand dollars ($5,000.00) payable to the sheriff and conditioned upon the faithful performance of his deputies, and the premium on said bond shall be paid out of the general funds of said county. Said sheriff may employ such other deputies as are authorized by law, at his own personal expense. Deputy sheriffs, etc. Section 3. Said Act is further amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 which shall read as follows: Section 6. The clerk of the superior court of Dodge County shall employ a deputy clerk, who shall be paid a monthly salary out of the general funds of Dodge County, which salary shall be a minimum of three hundred dollars ($300.00) per month and a maximum of four hundred five dollars ($405.00) per month as set from time to time by the commissioner of said county. In addition thereto said clerk may employ one full-time assistant who shall be paid a monthly salary out of the general funds of Dodge County, which salary shall be a minimum of three hundred dollars ($300.00) per month and a maximum of three hundred fifty dollars ($350.00) per month as set from time to time by the commissioner of said county. In addition thereto, said clerk may employ a part-time assistant as the official work in his office may require, which part-time assistant shall be paid a salary out of the general funds of Dodge County as set from time to time by the commissioner of said county; provided that the total remuneration paid for service rendered by part-time assistants shall not exceed the sum of seven hundred twenty dollars ($720.00) per year. Deputy clerk of superior court, etc.

Page 3286

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969, Session of the General Assembly of Georgia a bill to amend an Act changing the sheriff and clerk of the superior courts of Dodge County from a fee system to a salary system approved March 10, 1959 (Ga. L. 1959, p. 2721, as amended, so as to change the compensation of the sheriff and clerk of the superior court of said county; to change the compensation of the two deputy sheriffs of Dodge County, Georgia; to change the compensation for the special deputy sheriff; to change the compensation allowable to the deputy clerk of the superior court and the assistant or assistants in the clerk's office of Dodge Superior Court and to provide for the employment of assistant in said clerk's office when required; and for other purposes. This 13th day of January, 1969. Dr. Frank P. Holder, Jr. Representative, District No. 49, Post No. 1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dr. Frank P. Holder, Jr., who, on oath, deposes and says that he is Representative, Post No. 1, District No. 49, and that the attached copy of notice of intention to introduce local legislation was published in the Times-Journal which is the official organ of Dodge County, on the following dates: January 15, 22, and 29, 1969. /s/ Dr. Frank P. Holder, Jr. Representative, Post, No. 1, District No. 49

Page 3287

Sworn to and subscribed before me, this 27th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 23, 1969. DODGE COUNTYCOMPENSATION, ETC. OF EMPLOYEES OF TAX COMMISSIONER. No. 401 (House Bill No. 661). An Act to amend an Act creating the office of the tax commissioner of Dodge County, approved March 24, 1933 (Ga. L. 1933, p. 506), as amended, particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 3030), an Act approved April 12, 1963 (Ga. L. 1963, p. 3454) and an Act approved February 28, 1967 (Ga. L. 1967, p. 2081), so as to change the allowable compensation of the clerk and employee of the tax commissioner of Dodge County; to remove the limitation as to periods of employment of the employee in the office of the tax commissioner of Dodge County; 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 the tax commissioner of Dodge County, approved March 24, 1933 (Ga. L. 1933, p. 506), as amended, particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 3030), an Act approved April 12, 1963 (Ga. L. 1963, p. 3454) and an Act approved February 28, 1967 (Ga. L. 1967, p. 2081), is hereby amended by striking from section 5A the words and figures the minimum of which shall be two thousand dollars ($2,000.00) and the maximum of which shall be three thousand dollars ($3,000.00) and inserting in lieu thereof the words

Page 3288

and figures the minimum of which shall be three thousand dollars ($3,000.00) and the maximum of which shall be three thousand six hundred sixty dollars ($3,660.00), so that when so amended, section 5A shall read as follows: Section 5A. Be it further enacted by the authority aforesaid that there is hereby created in the office of tax commissioner of Dodge County, Georgia, the office of the clerk of the tax Commissioner, which said clerk shall be appointed by the tax commissioner of Dodge County, Georgia, to hold office at his pleasure. Said clerk shall be paid an annual salary by Dodge County, the minimum of which shall be three thousand dollars ($3,000.00) and the maximum of which shall be three thousand six hundred sixty dollars ($3,660.00) as set from time to time by the commissioner of roads and revenues of Dodge County, one-twelfth (1/12) of said annual salary to be paid at the end of each month's service, and such compensation shall be in addition to all other salaries, fees, costs and remunerations now or hereafter allowable to the tax commissioner of Dodge County, Georgia. The tax commissioner may, or may not, require such clerk to give bond, in such amount he deems proper, for the faithful performance of his duties. The clerk shall assist the tax commissioner in the performance of the duties of his office and such other duties as the tax commissioner may direct. The tax commissioner shall be responsible for all acts of his clerk. Clerk. Section 2. Said Act is further amended by striking from section 5B the words for and during five months of each calendar year and also striking the words and figures the minimum of which shall be one hundred and fifty dollars ($150.00) per month and the maximum of which shall be two hundred fifty-five dollars ($255.00) per month and inserting in lieu thereof the words and figures the minimum of which shall be two hundred fifty dollars ($250.00) per month and the maximum of which shall be three hundred dollars ($300.00) per month, so that when so amended section 5B shall read as follows: Section 5B. The tax commissioner of Dodge County,

Page 3289

Georgia, is hereby authorized to employ one additional employee for his office, other than the clerk to the tax commissioner, and such additional employee shall be paid a monthly salary, the minimum of which shall be two hundred fifty dollars ($250.00) per month and the maximum of which shall be three hundred dollars ($300.00) per month as set from time to time by the commissioner of roads and revenues of Dodge County, Georgia, said salary to be paid at the end of each month's service out of the general funds of Dodge County. The tax commissioner may, or may not, require such additional employee to give bond, in such amount he deems proper, for the faithful performance of his duties. Said additional employee shall assist the tax commissioner and the clerk to the tax commissioner in the performance of the duties of the tax commissioner's office and such other duties as the tax commissioner may direct. The tax commissioner shall be responsible for all acts of such employee. Clerical assistant. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969, Session of the General Assembly of Georgia a bill to amend an Act creating the office of tax commissioner of Dodge County, Georgia, approved March 24, 1933 (Ga. L. 1933, p. 506), as amended, so as to change the allowable compensation of the clerk and employee of the tax commissioner and to change the terms of employment of the employee of the tax commissioner; and for other purposes. This 13th day of January, 1969. Dr. Frank P. Holder, Jr. Representative, District No. 49, Post No. 1

Page 3290

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dr. Frank P. Holder, Jr., who, on oath, deposes and says that he is Representative, Post No. 1, District No. 49, and that the attached copy of notice of intention to introduce local legislation was published in the Times-Journal which is the official organ of Dodge County, on the following dates: January 15, 22, and 29, 1969. /s/ Dr. Frank P. Holder, Jr. Representative, Post No. 1 District No. 49 Sworn to and subscribed before me, this 27th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 23, 1969. DODGE COUNTYCOMPENSATION OF COUNTY COMMISSIONER AND CLERK. No. 402 (House Bill No. 662). An Act to amend an Act creating the office of commissioner of roads and revenues of Dodge County (now commissioner of Dodge County), approved August 18, 1912 (Ga. L. 1912, p. 367), as amended, particularly by an Act approved March 25, 1958 (Ga. L. 1958, p. 3130), an Act approved March 9, 1959 (Ga. L. 1959, p. 2467), an Act approved April 5, 1961 (Ga. L. 1961, p. 3006), an Act approved March 20, 1963 (Ga. L. 1963, p. 2439), and an Act approved February 28, 1967 (Ga. L. 1967, p. 2079), so as to change the compensation of the commissioner of Dodge County; to change the allowable compensation of

Page 3291

the clerk of the commissioner; 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 roads and revenues of Dodge County (now commissioner of Dodge County), approved August 18, 1912 (Ga. L. 1912, p. 367), as amended, particularly by an Act approved March 25, 1958 (Ga. L. 1958, p. 3130), an Act approved March 9, 1959 (Ga. L. 1959, p. 2467), an Act approved April 5, 1961 (Ga. L. 1961, p. 3006), an Act approved March 20, 1963 (Ga. L. 1963, p. 2439), and an Act approved February 28, 1967 (Ga. L. 1967, p. 2079), is hereby amended by striking from section 6 the words and figures eight thousand four hundred dollars ($8,400.00) and the words and figures three thousand seven hundred eighty dollars ($3,780.00) and inserting in lieu thereof the words and figures ten thousand eight hundred dollars ($10,800.00) and four thousand three hundred eighty dollars ($4,380.00) respectively, so that when so amended, section 6 shall read as follows: Section 6. Be it further enacted by the authority aforesaid that said commissioner shall receive for his compensation to be paid out of the county treasury a salary of ten thousand eight hundred dollars ($10,800.00) per annum for his services, to be paid monthly at the end of each month's service, which salary shall cover all expenses of said office except office expenses such as stationery, books and office supplies, clerk hire and other expenses incurred while transacting business of the county. He is authorized to employ such labor as he deems wise and expedient as may be necessary for the best interest of the county, and shall fix such reasonable compensation for such services as he may think proper. Said commissioner is authorized to employ a regular clerk to keep his minutes and books and perform such other duties as he may require, and said regular clerk shall receive an annual salary as may be set from time to time by the commissioner of roads and revenues of Dodge County, Georgia, the minimum of such

Page 3292

annual salary shall be two thousand four hundred dollars ($2,400.00) per year and the maximum shall be four thousand three hundred eighty dollars ($4,380.00) per year, one-twelfth (1/12) of said salary to be paid monthly at the end of each month's service. Said regular clerk shall not be ineligible to hold other official positions by reason of being such clerk, but shall be eligible to hold office of county registrar, etc., and to receive compensation therefor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969, Session of the General Assembly of Georgia a bill to amend an Act creating the office of commissioner of roads and revenues of Dodge County, Georgia, approved August 18, 1912 (Ga. L. 1912, p. 367), as amended, so as to change the compensation of the commissioner of roads and revenues of Dodge County, Georgia; to change the compensation allowable to the clerk of commissioner; and for other purposes. This 13th day of January, 1969. Dr. Frank P. Holder, Jr. Representative, District No. 49, Post No. 1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dr. Frank P. Holder, Jr., who, on oath, deposes and says that he is Representative, Post No. 1, District No. 49, and that the attached copy of notice of intention to introduce local legislation was published in the Times-Journal which is the official organ of Dodge County, on the following dates: January 15, 22, and 29, 1969. /s/ Dr. Frank P. Holder, Jr. Representative, Post No. 1 District No. 49

Page 3293

Sworn to and subscribed before me, this 27th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 23, 1969. DODGE COUNTYCOMPENSATION OF ORDINARY AND CLERK. No. 403 (House Bill No. 663). An Act to amend an Act changing the compensation of the ordinary of Dodge County, Georgia, from the fee and salary system to the salary system exclusively, approved March 17, 1960 (Ga. L. 1960, p. 2613) as amended by an Act approved April 9, 1963 (Ga. L. 1963, p. 3234), and by an Act approved February 28, 1967 (Ga. L. 1967, p. 2070) so as to change the compensation of the ordinary; to change the compensation allowable to the clerk of the ordinary; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the compensation of the ordinary of Dodge County, Georgia, from the fee and salary system to the salary system exclusively, approved March 17, 1960 (Ga. L. 1960, p. 2613), as amended by an Act approved April 9, 1963 (Ga. L. 1963, p. 3234) and by an Act approved February 28, 1967 (Ga. L. 1967, p. 2070), is hereby amended by striking from section 2 the figure $7,200.00, and the figure $600.00 and inserting in lieu thereof the figure $9,600.00 and the figure $800.00 respectively, so that when so amended section 2 shall read as follows:

Page 3294

Section 2. The salary of said ordinary shall be $9,600.00 per year, payable in monthly payments of $800.00 at the end of each calendar month by the commissioner of roads and revenues of Dodge County, or any other county fiscal authority, out of the general funds of Dodge County. Ordinary. Section 2. Said Act is further amended by striking from section 6 the words and figures two thousand dollars ($2,000.00) and the words and figures three thousand dollars ($3,000.00) and inserting in lieu thereof the words and figures three thousand dollars ($3,000.00) and the words and figures three thousand six hundred dollars ($3,600.00) respectively, and by adding a new paragraph following the first paragraph in said section 6 containing the following language: In addition, and when serving as Local Registrar, as provided in Chapter 88-17 of the 1933 Code of Georgia, as amended, said clerk shall be entitled to receive any fees provided for such Local Registrar, as additional compensation, so that when so amended, Section 6 shall read as follows: Section 6. The ordinary of Dodge County may employ one clerk for said office if he deems the same to be advisable, and if so employed, said clerk shall be paid an annual salary out of the general funds of Dodge County, Georgia, to be determined from time to time by the commissioner of roads and revenues of Dodge County, Georgia, which annual salary shall be a minimum amount of three thousand dollars ($3,000.00) per year, and a maximum amount of three thousand six hundred dollars ($3,600.00) per year, one-twelfth of such annual salary shall be paid to said Clerk at the end of each month's service. Clerk. In addition, and when serving as Local Registrar, as provided in Chapter 88-17 of the 1933 Code of Georgia, as amended, said clerk shall be entitled to receive any fees provided for such Local Registrar, as additional compensation. The ordinary of Dodge County may employ such other deputies, clerks or other employees as are authorized by law, at his own expense.

Page 3295

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969, Session of the General Assembly of Georgia a bill to amend an Act changing the compensation of the ordinary of Dodge County from a fee and salary system to a salary system exclusively, approved March 17, 1960 (Ga. L. 1960, p. 2613) as amended, so as to change the compensation of the ordinary; to change the compensation allowable to the clerk of the ordinary; and for other purposes. This 13th day of January, 1969. Dr. Frank P. Holder, Jr. Representative, District No. 49, Post No. 1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dr. Frank P. Holder, Jr., who, on oath, deposes and says that he is Representative, Post No. 1, District No. 49, and that the attached copy of notice of intention to introduce local legislation was published in the Times-Journal which is the official organ of Dodge County, on the following dates: January 15, 22, and 29, 1969. /s/ Dr. Frank P. Holder, Jr. Representative, Post No. 1 District No. 49 Sworn to and subscribed before me, this 27th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 23, 1969.

Page 3296

BLECKLEY COUNTYCOMPENSATION, ETC. OF ORDINARY. No. 404 (House Bill No. 665). An Act to amend an Act fixing the salaries of certain officers of Bleckley County, approved February 10, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2196), as amended, by an Act approved March 25, 1958 (Ga. L. 1958, p. 3122), an Act approved March 12, 1963 (Ga. L. 1963, p. 3413), and an Act approved April 4, 1967 (Ga. L. 1967, p. 2554), so as to change the compensation of the ordinary; to provide for witholding the ordinary's compensation; to provide for a clerk; 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 fixing the salaries of certain officers of Bleckley County, approved February 10, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2196), as amended, by an Act approved March 25, 1958 (Ga. L. 1958, p. 3122), an Act approved March 12, 1963 (Ga. L. 1963, p. 3413), and an Act approved April 4, 1967 (Ga. L. 1967, p. 2554), is hereby amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3, to read as follows: Section 3. (a) Be it further enacted that the county commissioner of Bleckley County is hereby authorized and required to pay to the ordinary of Bleckley County and his successors in office an annual salary of five thousand eight hundred ($5,800.00) dollars, payable in equal monthly installments. The ordinary and his successors in office shall pay into the county treasury of Bleckley County all fees received by him. In the event the ordinary fails to comply with this section, the compensation provided herein shall be withheld. Ordinary. (b) The ordinary may employ a clerk who shall be paid from county funds. The clerk's compensation shall be determined by the ordinary, but in no event shall such compensation exceed $1,200 per annum. Clerk.

Page 3297

Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Introduce Legislation. Notice is hereby given that there will be introduced at the 1969 session of the General Assembly of Georgia, a bill to change the compensation and allowance of the ordinary of Bleckley County, Georgia; and for other purposes pertaining thereto. This the 1st day of February, 1969. John H. Anderson, Jr. Representative, District 49, Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John H. Anderson, Jr. who, on oath, deposes and says that he is Representative from the 49th District, and that the attached copy of notice of intention to introduce local legislation was published in The Cochran Journal which is the official organ of Bleckley County, on the following dates: February 6, 13, 20, 1969. /s/ John H. Anderson, Jr. Representative, 49th District Sworn to and subscribed before me, this 25th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 23, 1969.

Page 3298

BLECKLEY COUNTYTAX COLLECTOR PLACED ON SALARY BASIS. No. 405 (House Bill No. 666). An Act to abolish the present mode of compensating the tax collector of Bleckley County, known as the fee system; to provide in lieu thereof an annual salary for such officer; to provide that such salary may be withheld under certain circumstances; to provide for employing a clerk; to provide that certain fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the tax collector of Bleckley County, known as the fee system, is hereby abolished, and in lieu thereof an annual salary for such officer is prescribed as hereinafter provided. Salary basis. Section 2. (a) The tax collector shall receive an annual salary of $6,600, payable in equal monthly installments from the funds of Bleckley County. Such compensation shall be withheld if the tax collector fails to perform his duty as provided in section 3. Salaries. (b) The tax collector may employ a clerk who shall be paid from county funds. Such clerk's compensation shall be determined by the tax collector, but in no event shall such compensation exceed $3,600 per annum. Section 3. Except as hereinafter provided, all fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax collector shall be received, collected and held by him as public funds belonging to Bleckley County. On or before the 15th of

Page 3299

each month the tax collector shall turn over to the fiscal authority of said county all funds collected by him in the preceding month with a detailed itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax collector shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, except those commissions allowed by an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department. Fees. Section 4. The necessary operating expenses of the office of tax collector shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of the office of tax collector shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements for the office of tax collector shall be at the sole discretion of the governing authority of Bleckley County. Office expenses. Section 5. The official bond of the tax collector, as may be required by law, shall be procured by the tax collector, and the premiums and costs thereof shall be paid out of any county funds available for that purpose. Bond. Section 6. The compensation provided herein shall be in lieu of that provided for the tax collector of Bleckley County in an Act supplementing the fees and commissions of certain officers of Bleckley County, approved February 10, 1953 (Ga. L. Jan.-Feb. Sess. 1953, p. 2196), as amended. Intent. Section 7. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date.

Page 3300

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Introduce Legislation. Notice is hereby given that there will be introduced at the 1969 session of the General Assembly of Georgia, a bill to place the tax collector of Bleckley County, Georgia, on a salary basis in lieu of all fees except all commissions from the sale of motor vehicle license plates and for other purposes pertaining thereto. This the 1st day of February, 1969. John H. Anderson, Jr. Representative, District 49, Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John H. Anderson, Jr. who, on oath, deposes and says that he is Representative from the 49th District, and that the attached copy of notice of intention to introduce local legislation was published in The Cochran Journal which is the official organ of Bleckley County, on the following dates: February 6, 13, 20, 1969. /s/ John H. Anderson, Jr. Representative, 49th District Sworn to and subscribed before me, this 25th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 23, 1969.

Page 3301

BLECKLEY COUNTYTAX RECEIVER PLACED ON SALARY BASIS. No. 406 (House Bill No. 668). An Act to abolish the present mode of compensating the tax receiver of Bleckley County, known as the fee system; to provide in lieu thereof an annual salary for such officer; to provide for withholding such salary under certain circumstances; to provide for a clerk; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the tax receiver of Bleckley County, known as the fee system, is hereby abolished, and in lieu thereof an annual salary for such officer is prescribed as hereinafter provided. Salary basis. Section 2. (a) The tax receiver shall receive an annual salary of $4,600, payable in equal monthly installments from the funds of Bleckley County. Such compensation shall be withheld if the tax receiver fails to perform his duty as provided in section 3. Salaries. (b) The tax receiver may employ a clerk who shall be paid from county funds. The clerk's compensation shall be determined by the tax receiver, but in no event shall such compensation exceed $1,200 per annum. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed as compensation for services

Page 3302

in any capacity in his office, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of such monthly payment into the county treasury, said officer shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the amount of money collected and the source thereof. Fees. Section 4. The necessary operating expenses of the office of tax receiver shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture and equipment, and the repair, replacement and maintenance thereof, as may be reasonable required in discharging the official duties of the office of tax receiver shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements for the office of tax receiver shall be at the sole discretion of the governing authority of Bleckley County. Office expenses. Section 5. The official bond of the tax receiver, as may be required by law, shall be procured by the tax receiver, and the premiums and costs thereof shall be paid out of any county funds available for that purpose. Bond. Section 6. The compensation provided herein shall be in lieu of that provided for the tax receiver of Bleckley County in an Act supplementing the fees and commissions of certain officers of Bleckley County, approved February 10, 1953 (Ga. L. Jan.-Feb. Sess. 1953, p. 2196), as amended. Intent. Section 7. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3303

Notice to Introduce Legislation. Notice is hereby given that there will be introduced at the 1969 session of the General Assembly of Georgia, a bill to place the tax receiver of Bleckley County, Georgia, on a salary basis in lieu of all fees; and for other purposes pertaining thereto. This the 1st day of February, 1969. John H. Anderson, Jr. Representative, District 49, Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John H. Anderson, Jr. who, on oath, deposes and says that he is Representative from the 49th District, and that the attached copy of notice of intention to introduce local legislation was published in The Cochran Journal which is the official organ of Bleckley County, on the following dates: February 6, 13, 20, 1969. /s/ John H. Anderson, Jr. Representative, 49th District Sworn to and subscribed before me, this 25th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 23, 1969.

Page 3304

BLECKLEY COUNTYOFFICE OF TAX COMMISSIONER CREATED. No. 407 (House Bill No. 669). An Act to consolidate the offices of tax receiver and tax collector of Bleckley County into the office of the tax commissioner of Bleckley County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner; to provide for his term of office; to provide for the method of filling vacancies; to provide for the compensation of the tax commissioner; to provide that such compensation shall be withheld under certain circumstances; to provide for a clerk; to provide for paying certain expenses; to make provisions relative to taxes and tax fi fas; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The offices of tax receiver and tax collector of Bleckley County are hereby consolidated and combined into the one office of the tax commissioner of Bleckley County. The rights, duties and liabilities of the tax commissioner, except as otherwise provided herein, shall be the same as those imposed upon tax receivers and tax collectors by the laws of this State. Created. Section 2. The first election for the office of tax commissioner created herein shall be held at the same time as the election of other county officers for Bleckley County in 1972. The person so elected shall take office on the first day of January following his election, and he shall serve until December 31, 1976, and until his successor is duly elected and qualified. All future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall take office on the first day of January following their election and shall serve a term of office of four years and until their successors are duly elected and qualified. Nothing herein shall affect the term of office of the present tax collector

Page 3305

and tax receiver of Bleckley County, and their terms of office shall continue through December 31, 1972. Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled in accordance with the provisions of law for filling vacancies in the office of tax collector. First election, etc. Section 3. (a) The tax commissioner shall receive an annual salary of $6,600, payable in equal monthly installments from the funds of Bleckley County. Such compensation shall be withheld if the tax commissioner fails to perform his duty as provided in section 4. Salaries. (b) The tax commissioner may employ a clerk who shall be paid from county funds. Such clerk's compensation shall be determined by the tax commissioner, but in no event shall such compensation exceed $3,600 per annum. Section 4. Except as hereinafter provided, all fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held by him as public funds belonging to Bleckley County. On or before the 15th of each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him in the preceding month with a detailed itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, except those commissions allowed by an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department. Fees. Section 5. The necessary operating expenses of the office of tax commissioner shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture and equipment, and the repair, replacement

Page 3306

and maintenance thereof, as may be reasonably required in discharging the official duties of the office of tax commissioner shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements for the office of tax commissioner shall be at the sole discretion of the governing authority of Bleckley County. Office expenses. Section 6. The official bond of the tax commissioner, as may be required by law, shall be procured by the tax commissioner, and the premiums and costs thereof shall be paid out of any county funds available for that purpose. Bond. Section 7. All taxes due and payable Bleckley County at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi fas heretofore issued shall have full force and effect and shall be collectible as issued. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Introduce Legislation. Notice is hereby given that there will be introduced at the 1969 session of the General Assembly of Georgia, a bill to consolidate the office of tax receiver and tax collector of Bleckley County, Georgia to become effective in January 1973, to provide for election of tax commissioner in 1972; and for other purposes pertaining thereto. This the 1st day of February, 1969. John H. Anderson, Jr. Representative, District 49, Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John H. Anderson,

Page 3307

Jr. who, on oath, deposes and says that he is Representative from the 49th District, and that the attached copy of notice of intention to introduce local legislation was published in The Cochran Journal which is the official organ of Bleckley County, on the following dates: February 6, 13, 20, 1969. /s/ John H. Anderson, Jr. Representative, 49th District Sworn to and subscribed before me, this 25th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 23, 1969. CITY OF HAWKINSVILLEAUTHORITY TO SELL DESCRIBED TRACT OF LAND. No. 408 (House Bill No. 671). An Act to amend an Act creating a new charter for the City of Hawkinsville, approved December 18, 1902 (Ga. L. 1902, p. 446), as amended, so as to authorize the commissioners of the City of Hawkinsville to sell and convey a certain tract of land; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Hawkinsville, approved December 18, 1902 (Ga. L. 1902, p. 446), as amended, is hereby amended by adding between Sections 63A and 64, a new Section to be known as 63B, and to read as follows:

Page 3308

Section 63B. The commissioners of the City of Hawkinsville are hereby empowered to sell and convey the following tract: All that certain tract, lot, parcel of land situate, lying and being in the City of Hawkinsville, Pulaski County, Georgia, and lying on the west side of Houston Street between the south margin of the right-of-way of Third Street and the north margin of the right-of-way of Second Street, and being all of that land lying within the following boundaries: On the north by the south margin of the right-of-way of Third Street; on the west by a straight line congruent to or with the east wall of the peanut warehouse belonging to the Heart of Georgia Peanut Gin Company and extending from the South margin of the right-of-way of Third Street to the north margin of the right-of-way of Second Street; on the south by the north margin of the right-of-way of Second Street; and on the east by a line, parallel to and 40 feet equi-distant from, the said east wall of the said peanut warehouse, and the said line extending from said North boundary to said south boundary. Said tract of land forming a parallelogram, the north and south sides of which are 40 feet in length, and the east and west sides of which are 240 feet in length, more or less. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that a local bill shall be introduced in the 1969 session of the Georgia General Assembly, a bill to authorize the City of Hawkinsville to sell part of Houston Street. The city desires to abandon, close and convey by deed the west side of Houston Street in the City of Hawkinsville. The part of the street so sought to be abandoned and conveyed being presently not needed according to the city

Page 3309

commissioners and consisting of part only of Houston Street in said city. The property is as follows: All that certain tract, lot, parcel of land situate, lying and being in the City of Hawkinsville, Pulaski County, Georgia, and lying on the west side of Houston Street between the south margin of the right-of-way of Third Street and the north margin of the right-of-way of Second Street, and being all that land lying within the following boundaries: On the north by the south margin of the right-of-way of Third Street; on the west by a straight line congruent to or with the east wall of the peanut warehouse belonging to the Heart of Georgia Peanut Gin Company and extending from the south margin of the right-of-way of Third Street to the north margin of the right-of-way of Second Street; on the south by the north margin of the right-of-way of Second Street; and on the east by a line, parallel to and 40 feet equi-distance from, the said east wall of the said peanut warehouse, and the said line extending from said north boundary to said south boundary. Said tract of land forming a parallelogram, the north and south sides of which are 40 feet in length, and the east and west sides of which are 240 feet in length, more or less. The city commissioners requested a bill be introduced in the 1969 term of the Georgia General Assembly authorizing the sale of this property. John H. Anderson, Jr. State Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John H. Anderson who, on oath, deposes and says that he is Representative from the 49th District, and that the attached copy of notice of intention to introduce local legislation was published in the Hawkinsville Dispatch News which is the official organ of Pulaski County, on the following dates:

Page 3310

January 15, 22, 29, 1969. /s/ John H. Anderson Representative, 49th District Sworn to and subscribed before me, this 12th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 23, 1969. PULASKI COUNTYACT PLACING ORDINARY ON SALARY BASIS AMENDED. No. 409 (House Bill No. 672). An Act to amend an Act placing the ordinary of Pulaski County upon an annual salary in lieu of the fee system of compensation approved March 24, 1965 (Ga. L. 1965, p. 2483), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2305), so as to increase the salary limitation of the clerk or deputy of the ordinary; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: An Act placing the ordinary of Pulaski County upon an annual salary in lieu of the fee system of compensation approved March 24, 1965 (Ga. L. 1965, p. 2483), as amened by an Act approved February 28, 1966 (Ga. L. 1966, p. 2305), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The ordinary shall have the authority to

Page 3311

appoint either a deputy or clerical assistant who shall be compensated by a monthly salary, to be paid in equal monthly installments from the funds of Pulaski County. The amount of said salary shall be determined by the ordinary in his discretion; provided, however, that the amount shall not exceed two hundred and fifty dollars ($250.00) per month. It shall be within the sole power and authority of the ordinary, during his term of office, to designate and name the person who shall be employed as his deputy or clerical assistant, and to prescribe his duties and assignments and to remove or replace said person at will and within his sole discretion. Deputy. Section 2. Said Act is further amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. The ordinary shall recommend to the governing authority of Pulaski County a proposed budget covering the entire operating expenses of said office including the compensation of personnel appointed by the ordinary. Budget. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that a local bill shall be introduced in the 1969 session of the Georgia General Assembly, a bill to increase the compensation of the clerical assistant in the office of ordinary of Pulaski County. John H. Anderson, Jr. State Representative

Page 3312

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable John H. Anderson, Jr. who, on oath, deposes and says that he is Representative from the 49th District, and that the atattached copy of notice of intention to introduce local legislation was published in the Hawkinsville Dispatch and News which is the official organ of Pulaski County, on the following dates: January 15th, 22nd, and 29th, 1969. /s/ John H. Anderson, Jr. Representative, 49th District Sworn to and subscribed before me, this 12th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 23, 1969. BLECKLEY COUNTYCLERK OF SUPERIOR COURT PLACED ON SALARY BASIS. No. 410 (House Bill No. 673). An Act to abolish the present mode of compensating the clerk of the superior court of Bleckley County, known as the fee system; to provide in lieu thereof an annual salary for such officer; to provide for withholding such salary under certain circumstances; to provide for an assistant; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3313

Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the clerk of the superior court of Bleckley County, known as the fee system, is hereby abolished, and in lieu thereof an annual salary for such officer is prescribed as hereinafter provided. Section 2. (a) The clerk of the superior court shall receive an annual salary of $6,600, payable in equal monthly installments from the funds of Bleckley County. Such compensation shall be withheld if the clerk fails to perform his duty as provided in section 3. Salaries. (b) The clerk of the superior court may employ a clerical assistant who shall be paid from county funds. Such assistant's compensation shall be determined by the clerk, but in no event shall such compensation exceed $3,600 per annum. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed as compensation for services in any capacity in his office, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of such monthly payment into the county treasury, said officer shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the amount of money collected and the source thereof. Fees. Section 4. The necessary operating expenses of the office of clerk of the superior court shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture and equipment, and the repair, replacement and maintenance thereof, as may be reasonably

Page 3314

required in discharging the official duties of the clerk of the superior court shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements for the office of clerk of the superior court shall be at the sole discretion of the governing authority of Bleckley County. Office expenses. Section 5. The official bond of the clerk of superior court, as may be required by law, shall be procured by said clerk, and the premiums and costs thereof shall be paid out of any county funds available for that purpose. Bonds. Section 6. The compensation provided herein shall be in lieu of that provided for the clerk of the superior court of Bleckley County in an Act supplementing the fees and commissions of certain officers of Bleckley County, approved February 10, 1953 (Ga. L. Jan.-Feb. Sess. 1953, p. 2196), as amended. Intent. Section 7. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Introduce Legislation Notice is hereby given that there will be introduced at the 1969 session of the General Assembly of Georgia, a bill to place the clerk of superior court of Bleckley County, Georgia, on a salary basis in lieu of all fees; and for other purposes pertaining thereto. This the 1st day of February 1969. John H. Anderson, Jr. Representative District 49, Post 2

Page 3315

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John H. Anderson, Jr. who, on oath, deposes and says that he is Representative from the 49th District, and that the attached copy of notice of intention to introduce local legislation was published in The Cochran Journal which is the official organ of Bleckley County, on the following dates: February 6, 13, 20, 1969. /s/ John H. Anderson, Jr. Representative, 49th District Sworn to and subscribed before me, this 25th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 23, 1969. WILKINSON COUNTYTERMS OF COUNTY COMMISSIONERS. No. 411 (House Bill No. 678). An Act to amend an Act entitled An Act to create a board of commissioners of roads and revenues of Wilkinson County, Georgia; to provide for naming and the election of commissioners to constitute said board; to prescribe their powers and duties; to prescribe their term of office; to fix their salary; to provide for employees, and to fix the salary of employees; to provide for their removal from office; to provide for filling vacancies; to provide for five districts from which they shall be elected; and for other purposes, approved February 28, 1933, (Ga. L. 1933, pp. 777-780) as amended so as to provide for the election of county commissioners for a term of four (4)

Page 3316

years; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That section 2 of an Act entitled An Act to create a board of commissioners of roads and revenues of Wilkinson County, Georgia; to provide for naming and the election of commissioners to constitute said board; to prescribe their powers and duties; to prescribe their term of office; to fix their salary; to provide for employees, and to fix the salary of employees; to provide for their removal from office; to provide for filling vacancies; to provide for five districts from which they shall be elected; and for other purposes, approved February 28, 1933, (Ga. L. 1933, pp. 777-780), as amended, be and the same is hereby amended by striking said section 2 in its entirety and substituting a new section 2 which shall read as follows: Section 2. Be it further enacted, that at the election to be held for members of the General Assembly and county officers, and in the same manner as members of the General Assembly are elected, there shall be elected at the regular election in November, 1970, five (5) members to said board, whose terms of office shall begin on the first day of January 1971. Said commissioners so elected shall hold office for and during the terms of four (4) years and until their successors are elected and qualified. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Public Notice. Notice is hereby given that it is my intention to introduce at the 1969 session of the General Assembly of Georgia, a bill to provide for the election of county commissioners for a term of four years; and for other purposes. Culver Kidd Senator, District 25
Page 3317

Philip M. Chandler, Representative, District 47 J. Floyd Harrington Representative, District 47 Georgia, Wilkinson County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Philip M. Chandler and J. Floyd Harrington who on oath depose and say that they are Representatives in the General Assembly of Georgia from the forty-seventh district, and that the attached copy of notice of intent to introduce local legislation was published in the Wilkinson County News, which is the official organ of said county, on the following dates: February 6, 1969; February 13, 1969; and February 20, 1969. /s/ Philip M. Chandler /s/ J. Floyd Harrington Representatives, Forty-seventh District Sworn to and subscribed before me, this 27th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My commission expires Jan. 9, 1971. (Seal). Approved April 23, 1969. DOOLY COUNTY INDUSTRIAL DEVELOPMENT AUTHORITYPOWERS, ETC. No. 412 (House Bill No. 680). An Act to further define and prescribe the powers and

Page 3318

duties of the Dooly County Industrial Development Authority relating to the issuance of and security for the bonds of the authority, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, pursuant to the provisions of the Constitution of the State of Georgia, Article VII, Section VII, Paragraph V, I. Ga. L. 1968, p. 1768, ratified at the general election in November, 1968, to further define and prescribe, as therein authorized, the powers and duties of the Dooly County Industrial Development Authority, and it is hereby enacted by authority of said General Assembly. Section 1. Revenue bonds authorized to be issued by the Dooly County Industrial Development Authority in accordance with the provisions of the Constitution of the State of Georgia, Article VII, Section VII, Paragraphs V, C.2. and E., I. Ga. L. 1968, pp. 1768, 1769, 1771 may be issued in accordance with applicable terms and provisions of the Revenue Bond Law of Georgia, Ga. L. 1937, p. 761, as amended, codified in Ga. Code Ann., Ch. 87-8, providing for the issuance of revenue bonds, and in accordance with the provisions of the Signatures on Public Securities Act, I. Ga. L. 1958, p. 689, codified in Ga. Code Ann., Section 87-119. The powers provided by this Section shall be cumulative of the powers provided by the constitution of the State of Georgia to the Dooly County Industrial Development Authority. Bonds. Section 2. Such 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 law of Georgia, or they may be issued in whole or in part in non-negotiable 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 of any project of the Dooly County Industrial Development Authority, including the cost of acquiring, constructing, reconstructing, equipping, extending, adding to, or improving such project, or for the purpose of

Page 3319

refunding, as herein provided, any such bonds of the authority theretofore issued. Same, forms, etc. Section 3. The Authority is hereby 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 payments and any call premiums that may be required for the redemption and refunding or advance refunding of such outstanding bonds. Same. Section 4. In the discretion of the authority, any issue of revenue bonds may be secured by a trust 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 the State of Georgia. 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 agreement 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 in 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

Page 3320

the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in 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 5. The authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia, and the officers, agents, and employees of the authority, when in performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the State of Georgia when in performance of their public duties or work of the State. The authority may be sued the same as private corporations on any contractual obligation of the authority. Liability of authority. Section 6. The property of the authority shall not be subject to levy and sale under legal process except such property, income, or funds as may be pledged, assigned, mortgaged, or conveyed to secure an obligation of the authority, and any such property, funds, or income may be sold under legal process or under any power granted by the authority to enforce payment of the obligation. Property subject to levy. Section 7. The provisions of this Act are severable, and, if any of its provisions shall be held invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Severability. Section 8. All laws and parts of laws in conflict herewith are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is, as provided by Constitution of State of Georgia, given that there will be introduced at the regular January

Page 3321

1969 session of General Assembly of Georgia, a bill to further define and prescribe the powers and duties of the Dooly County Industrial Development Authority relating to the issuance of and security for the bonds of the Authority, and to provide for other matters germane thereto. Rooney L. Bowen Representative from 47th Representative District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rooney L. Bowen who, on oath, deposes and says that he is Representative from the 47th District, and that the attached copy of notice of intention to introduce local legislation was published in the Vienna News which is the official organ of Dooly County, on the following dates: February 6, 13, 20, 1969. /s/ Rooney L. Bowen Representative, 47th District Sworn to and subscribed before me, this 27th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. Approved April 23, 1969. WILCOX COUNTYSHERIFF'S EXPENSE ALLOWANCE. No. 413 (House Bill No. 685). An Act to amend an Act placing the sheriff of Wilcox County on a salary basis, approved February 28, 1966

Page 3322

(Ga. L. 1966, p. 2202), so as to change the expense allowance for said sheriff; 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 placing the Sheriff of Wilcox County on a salary basis, approved February 28, 1966 (Ga. L. 1966, p. 2202), is hereby amended by striking from section 4 the figure $5,000.00 and inserting in lieu thereof the figure $6,800.00, so that when so amended, section 4 shall read as follows: Section 4. In addition to the salary provided for above, the sheriff shall receive an additional sum of $6,800.00 per annum from county funds. The necessary operating expenses of the sheriff's office, expressly including the compensation of all personnel and employees, shall be paid from said sum. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles and equipment, and the repair, replacement and maintenance thereof, as may be required in discharging the official duties of said office, shall be furnished by the sheriff out of said sum. The county shall not be responsible for any of the expenses connected with said office, except as hereinbefore provided, but Wilcox County shall bear the expense of purchasing the food necessary to feed the prisoners confined within the county jail. Expense allowance. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff of Wilcox County

Page 3323

on a salary basis, approved February 28, 1966 (Ga. L. 1966, p. 2202), so as to change the expense allowance for said sheriff; and for other purposes. This 16th day of January, 1969. /s/ A. B. C. Dorminy, Jr. Representative, 48th District /s/ Ted Hudson Representative, 48th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ted Hudson who, on oath, deposes and says that he is Representative from the 48th District and that the attached copy of notice of intention to introduce local legislation was published in the Wilcox County Chronicle, which is the official organ of said County, on the following dates: January 23rd and 30th and February 6, 1969. /s/ Ted Hudson Representative, 48th District Sworn to and subscribed before me, this 27th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 23, 1969.

Page 3324

TRUSTEES OF MASONIC HALL IN AUGUSTACHARTER AMENDED. No. 414 (House Bill No. 704). An Act to amend an Act entitled An Act to Incorporate the Trustees of the Masonic Hall, in the City of Augusta, approved December 22, 1827, as amended by an Act approved February 17, 1877, and as further amended by an Act approved March 4, 1966, by eliminating from the designated beneficiaries of said trust The Consistory of the Sublime Degrees, which is no longer in existence, and by adding as a beneficiary of said trust John S. Davidson Lodge No. 677, of Augusta, Georgia, pursuant to an agreement reached by said Lodge, said Trustees and the other beneficiaries of said trust, the terms and conditions of said agreement being incorporated herein and a copy hereof being on file in the office of the secretary of said trustees and there available to all interested parties; by providing that: at any time after the approval of this Act by the Governor of this State and the payment by John S. Davidson Lodge No. 677 to said Trustees of $10,000 and the delivery to them of a note for $50,000, said Lodge shall be and become an additional beneficiary of said trust and participate accordingly with all beneficiaries in the benefits conferred and the obligations imposed by said trust including the right to elect two additional trustees to serve on the board of trustees of said the Trustees of the Masonic Hall in the City of Augusta, thus increasing the membership to fifteen, and thereafter said Lodge shall have representation on all standing committees; the terms of all trustees to end on the second Friday in January, 1970, and each of the six masonic bodies constituting beneficiaries of said trust shall select two members as trustees, one for one year and one for two years, and the twelve trustees so selected shall select three additional members, one for one year, one for two years, and one for three years, to take office concurrently with the twelve trustees elected as aforesaid, and each succeeding year one trustee shall be selected by each of said masonic bodies and the twelve trustees then serving shall select one additional member

Page 3325

at large to serve for a term of three years; should any vacancy occur in the board of trustees, a successor trustee shall be elected in the same manner as the trustee previously serving: said trustees may, if deemed advisable, maintain and operate any and all facilities provided by them for the use or convenience of the masonic bodies constituting the beneficiaries of said trust, regardless of whether such facilities are owned, leased, rented, or otherwise provided by said trustees, including the allotment of space, rental charges, assessments and other regulations governing the use of such facilities with the net income of said trustees, less a reasonable reserve for depreciation and other charges deemed proper by such trustees, to be distributed by them among said participating masonic bodies on the basis of rents and/or assessments paid by them respectively; the fiscal year, a closing date for the books of said trustees, the dates for financial accounting and reports, and all other matters relating to the operation of said trustees may be fixed and made effective through bylaws adopted by said trustees, including the right to determine the amount of the fiduciary bond to be given by the treasurer or any other official, which need not be in an amount of the value of the property of the trust; to restrict the right of said trustees to alien or dispose of properties having a fair and reasonable value (in the opinion of the trustees) in excess of one thousand dollars by requiring that any sale or alienation thereof shall have the approval of two-thirds of the masonic bodies then constituting the beneficiaries of said trust; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That section 4 of the aforesaid Act of December 22, 1827, and section 1 of the aforesaid amendatory Act of February 17, 1877, be amended by eliminating as a beneficiary of said trust The Consistory of the Sublime Degrees, which is no longer in existence; all right, title and interest of said Consistory of the Sublime Degrees as a former beneficiary of said trust is hereby declared

Page 3326

to have been terminated, and there being no lawful successor thereto, neither said Consistory of the Sublime Degrees, nor any person or party claiming under said Consistory of the Sublime Degrees has any present or future right, title or interest, legal or equitable, in the aforesaid trust or any of its assets. Trust beneficiary stricken. Section 2. That section 4 of the aforesaid Act of December 22, 1827 and section 1 of the aforesaid amendatory Act of February 17, 1877 be further amended by adding the John S. Davidson Lodge No. 677, of Augusta, Georgia, as a beneficiary of said trust pursuant to an agreement reached by said Lodge, said Trustees and the other beneficiaries of said trust, the terms and conditions of said agreement being incorporated herein and a copy hereof being on file in the office of the Secretary of said Trustees and there available to all interested parties; that effective with the date of the approval of this Act and the payment by John S. Davidson Lodge No. 677 to said Trustees of $10,000 and the delivery to them of a note for $50,000, said John S. Davidson Lodge No. 677 shall be and become an additional beneficiary of said trust and participate accordingly with all beneficiaries in the benefits conferred and obligations imposed by said trust; that with the addition of said Lodge two of its members shall be selected to serve on the Board of Trustees, thus increasing the membership to fifteen, and thereafter said Lodge shall have representation with the other lodges in the number of Trustees and representation on all standing committees; that the terms of all Trustees shall end on the second Friday in January, 1970, and each of the six Masonic bodies constituting beneficiaries of said trust shall select two members as Trustees, one for one year and one for two years, and the twelve Trustees so selected shall select three additional members, one for one year, one for two years, and one for three years, to take office concurrently with the twelve Trustees elected as aforesaid, and each succeeding year one Trustee shall be selected by each of said Masonic bodies and the twelve Trustees then serving shall select one additional member at large to serve for a term of three years. Should any vacancy occur in the Board of Trustees, a successor

Page 3327

Trustee shall be elected in the same manner as the Trustee previously serving. Beneficiary added. Section 3. That section 4 of the aforesaid Act of December 22, 1827, is amended to read as follows: Section 4. That on a date to be specified in the bylaws of said Trustees, they shall account annually to Georgia Commandery No. 1, Adoniram Council No. 1, Augusta Chapter No. 2, Social Lodge No. 1, Webbs Lodge No. 166 and John S. Davidson Lodge No. 677 for all income received by them as such Trustees, including rents, assessments and profits on the properties provided for said Masonic bodies; and after deducting all necessary expenses, repairs, insurance, taxes, improvements and other incidental charges, including a reasonable reserve for depreciation and other charges deemed proper by said Trustee, shall pay over to the respective treasurers of said institutions such several proportions of the net income as may be from time to time fixed by a majority of said Trustees on the basis of the rents and/or assessments paid by them respectively. Said bylaws as adopted and amended from time to time may, among other things, fix the number and designations of the officers of said Trustees, select a fiscal year for the operation of said Trustees, the dates for financial accounting and reports and all other matters relating to the operation of said Trustees (other than the number and tenure in office of said Trustees, which shall be as provided in section 4 of said Act as amended by section 3 hereof), including the right to determine the amount of the fiduciary bond to be given by the Treasurer or any other official, which need not be in an amount of the value of the property of the trust, but all such bonds shall be approved by the Chairman and Finance Committee of said Trustees. Except as otherwise provided herein, said bylaws so adopted and amended shall supersede any conflicting provisions in said Act of December 22, 1827, as amended, relating to the operations and internal affairs of said Trustees, it being intended hereby to confer on said Trustees the authority and discretion to adopt reasonable rules and regulations for promoting efficiency and carrying out the uses and purposes of said trust. Annual accounting, etc.

Page 3328

Section 4. That section 4 of the aforesaid amendatory Act of March 4, 1966 is amended by adding at the end thereof the following: Said Trustees may, if deemed advisable, maintain and operate any and all facilities provided by them for the use or convenience of the Masonic bodies constituting the beneficiaries of said trust, regardless of whether such facilities are owned, leased, rented or otherwise provided by said Trustees, including the allotment of space, rental charges, assessments and other regulations among the several Masonic bodies using the facilities so provided by said Trustees; and said Trustees may, on such terms and conditions as they may approve, borrow such funds and provide such security therefor as may be needed for the efficient operation of said facilities and for the purchase of equipment and supplies needed in connection therewith. Use of facilities. Section 5. That a portion of section 3 of the aforesaid Act of December 22, 1827 being no longer relevant and it being deemed advisable to amend the remaining portion thereof, a new section 3 of said Act is hereby adopted and substituted for the original section 3, such substituted and amended new section 3 to read as follows: Section 3. Said Trustees are hereby authorized and empowered to receive, purchase, possess, use and enjoy properties of all kinds, both real and personal, and to alienate and dispose of any such properties; provided, however, that said Trustees shall not alien, sell, or dispose of any of said properties having a fair and reasonable value (in the opinion of said Trustees) in excess of one thousand dollars ($1,000) without the approval of two-thirds of the Masonic bodies then constituting the beneficiaries of said trust. Property. Section 6. That a new section be added by this amendment to said Act of December 22, 1827, as amended, immediately preceding the last section of said Act, as amended, reading as follows: That wherever reference is made in this Act to `The Trustees of the Masonic Hall in the City of Augusta' or to `said Trustees', such reference shall include their successors

Page 3329

in office, who may exercise all of the rights and powers and perform all of the duties conferred upon said original Trustees and upon their successors. Definitions. Section 7. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1969 session of the General Assembly of Georgia, a bill to amend an Act entitled An Act To Incorporate The Trustees Of The Masonic Hall, In The City of Augusta, approved December 22, 1827, as amended by an act approved February 17, 1877, and as further amended by an act approved March 4, 1966, by eliminating from the designated beneficiaries of said trust the consistory of the sublime degrees, which is no longer in existence, and by adding as a beneficiary of said trust John S. Davidson Lodge No. 677 of Augusta, Georgia, pursuant to an agreement reached by said lodge, said trustees and the other beneficiaries of said trust as to the terms and conditions of said lodge becoming a beneficiary of said trust; by prescribing the number, tenure and selection of trustees and their successors in office; by providing that said trustees may, if deemed advisable, maintain and operate any and all facilities provided by them for the use of convenience of the masonic bodies constituting the beneficiaries of said trust, regardless of whether such facilities are owned,

Page 3330

leased, rented, or otherwise provided by said trustees, including the allotment of space, rental charges, assessments and other regulations governing the use of such facilities, with the net income of said trustees, less a reasonable reserve for depreciation and other charges deemed proper by such trustees, to be distributed by them among said participating masonic bodies on the basis of rents and or assessments paid by them respectively; the fiscal year, a closing date for the books of said trustees, the dates for financial accounting and reports, and all other matters relating to the operation of said trustees may be fixed and made effective through bylaws adopted by said trustees, including the right to determine the amount of the fiduciary bond to be given by the treasurer or any other official, which need not be in amount of the value of the property of the trust; to restrict the right of said trustees to alien or dispose of properties having a fair and reasonable value in the opinion of the trustees) in excess of one thousand dollars by requiring that any sale for alienation thereof shall have the approval of two-thirds of the masonic bodies then constituting the beneficiaries of said trust; to repeal conflicting laws; and for other purposes. This 7th day of January, 1969. Clarence H. Cohen Chairman Trustees: Claude F. McIntosh Secty-Treas Trustees of the Masonic Hall in the City of Augusta Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Regnald Maxwell, Jr. who, on oath, deposes and says that he is Representative from the 78th District, and that the attached copy of notice of intention to introduce local legislation was published in The Augusta Chronicle-Herald which is the official

Page 3331

organ of Richmond County, on the following dates: January 11, 18, 25, 1969. /s/ Regnald Maxwell, Jr. Representative, 78th District Sworn to and subscribed before me, this 28th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 23, 1969. BIBB COUNTYBOARD OF ELECTIONS, REFERENDUM. No. 415 (House Bill No. 705). An Act to provide for a board of elections in Bibb County, Georgia; to provide for the powers and duties of such board; to provide for its membership and qualifications for membership; to provide for an elections supervisor, clerical assistants and other employees; to provide for the transfer of duties, powers and functions of the ordinary of Bibb County with respect to the holding of elections to the board of elections; to transfer the duties of the chief registrar and registrars of Bibb County to the board of elections; to provide for the transfer to said board of all similar duties of officials and agencies of the City of Macon having to do with the registration of voters and the conduct of primaries and elections; and for other purposes. Whereas, by resolution of the General Assembly of Georgia, approved March 25, 1958, and appearing in Georgia Laws 1958, p. 497, et seq., the General Assembly proposed

Page 3332

a Constitutional Amendment which was later ratified by the people; and Whereas, under the provisions of said Constitutional Amendment, the General Assembly of Georgia is empowered to create new and different governmental agencies in Bibb County and to transfer thereto the several powers and authorities vested in existing Courts and governmental agencies; Now, therefore, be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same as follows: Section 1. There is hereby created a governmental agency which shall be known as the Macon-Bibb County Board of Elections which shall have jurisdiction over the registration of voters and the conduct of primaries and elections for the County of Bibb and the City of Macon in accordance with this Act. Created. Section 2. Such board shall be composed of five members, each of whom shall be an elector and a resident of the county and who shall be appointed in the following manner: Members. A. Two members shall be chosen by the county executive committee of the political party which at the last preceding regular general election held for the election of all members of the General Assembly elected the largest number of members of the General Assembly. Such members so chosen shall be certified by the chairman of the county executive committee of such political party to the governing authority of Bibb County, and such appointment shall be entered upon the minutes of the governing authority. One member chosen by the said county executive committee shall be a resident of the City of Macon, Georgia at the time of his selection and at the time of his appointment by the governing authority of Bibb County. B. Two members shall be appointed in like fashion by the county executive committee of the political party which,

Page 3333

at such election, elected the next largest number of members of the General Assembly. Such appointees shall be certified by the chairman of the county executive committee of that political party to the governing authority of said county and such certification shall be entered upon the minutes of the governing authority. One member chosen by the said county executive committee shall be a resident of the City of Macon, Georgia at the time of his selection and at the time of his appointment by the governing authority of Bibb County. C. The fifth member of the board shall be appointed jointly by the governing authority of the City of Macon and Bibb County from a list of one or more nominees submitted by a majority of the other four members of the board. The fifth member so selected shall be deemed to be a member at large. In the event a majority of the four members of the board is unable to nominate one or more persons to the governing authority of the City of Macon and Bibb County within the time hereinafter specified for appointments, then, and in such event, the governing authority of said city and county shall be authorized to make the appointment. Any appointment made under the provisions of this paragraph shall also be entered upon the minutes of the governing authorities. Section 3. No person who holds elective public office shall be eligible to serve as a member of any such board of elections during the term of such elective office and the position of any member of the board shall be deemed vacant upon such member qualifying as a candidate for elective public office. Qualifications. Section 4. Initial appointments hereunder shall be made by the respective appointing authorities no later than sixty (60) days after this Act shall become effective. In the event of a vacancy on the board with respect to a member appointed by one of the political parties as hereinabove provided, such political party shall appoint a successor within sixty (60) days after the date such vacancy is created, such successor to be appointed in like manner as the person whose position is vacant for his unexpired term. In the

Page 3334

event such political party fails to make an initial appointment hereunder within sixty (60) days after this Act shall become effective or within sixty (60) days after a vacancy occurs then and in such event, the position shall be filled by the governing body of Bibb County. In the event of a vacancy on the board with respect to the member at large, the remaining members of the board shall submit the names of one or more nominees to fill the unexpired term, such nomination to be made within sixty (60) days after the vacancy occurs. The governing authority of the City of Macon and Bibb County shall select and appoint the successor member at large from the nominee or nominees whose names are submitted by a majority of the remaining members of the board. In the event of the failure of the board to submit the names of such nominee or nominees within sixty (60) days after the vacancy occurs, then and in such event, the governing authorities of the city and county may fill the vacancy on their own motion. First appointments. Section 5. Initial appointees hereunder shall take office upon appointment and shall serve until March 31, 1971 and until a successor is appointed and qualified. The successors of the initial appointees shall serve for two (2) year terms beginning on April 1 in odd numbered years and shall continue in office for such terms and until their successors are chosen and qualified. Each member shall be eligible to succeed himself, shall have the right to resign at any time by giving notice to the body which appointed him, and to the governing authorities of the City of Macon and Bibb County, if the city and county were not the appointing authorities. Each member shall be subject to removal from the board at any time in the same manner and by the same authority provided for removal of registrars under the provisions of Georgia Laws, 1964, page 26, et. seq. informally codified as section 34-603 Georgia Code Annotated. Upon removal of a member as provided by law, a vacancy shall be deemed to exist and shall be filled for the unexpired term as hereinabove provided. Terms, vacancies. Section 6. Before entering upon his duties, each member of the board shall take substantially the same oath of office as is presently required by law for registrars and

Page 3335

shall have the same privilege from arrest as provided in Georgia Laws, 1964, Ex. Sess., p. 26, et seq., informally codified as sections 34-606 and 34-607, Georgia Code Annotated. Oath. Section 7. The board shall be responsible for the selection, appointment, training and removal of poll workers, and such workers shall be appointed insofar as practicable from the lists provided the board by the county executive committee of each political party. Duties. Section 8. The board of elections shall have the following powers and duties: A. It shall succeed to and exercise all of the duties granted to and incumbent upon the ordinary of Bibb County under the provisions of Title 34 of the Georgia Code of 1933, as now or hereafter amended and particularly by an Act entitled The Georgia Election Code approved June 24, 1964 (Ga. L. Ex. Sess. 1964, p. 26) of whatever kind and character and any other provision of law with respect thereto. Same. B. It shall succeed to and exercise all of the duties and powers granted to and incumbent on the chief registrar and the county registrars of Bibb County under the provisions of the foregoing Act, and any other provision of law with respect to their duties and powers. C. It shall succeed to and have all of the powers and duties granted to and incumbent upon the ordinary under the provisions of law with respect to primaries. D. It shall succeed and have all of the powers and duties granted to and incumbent on the mayor of the City of Macon, the mayor and council of the City of Macon, the city registrar, and all other officers, employees and agencies with respect to the registration of voters and the conduct of all city primaries and elections under the provisions of the charter of the City of Macon, as amended, as well as those powers, duties and functions, relating to the registration of voters and the conduct of primaries and

Page 3336

elections now vested in municipal officers and agencies under the provisions of the Georgia Municipal Election Code (Ga. L. 1968, p. 885, et seq.). E. The board shall be authorized and empowered to organize itself, elect its officers, determine its procedural rules and regulations, adopt by-laws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with State Law. Section 9. To accomplish the foregoing, the board of elections shall formulate, adopt and promulgate rules and regulations consistent with law and the rules and regulations of the State executive committee of each political party governing the conduct of primaries to the end that, insofar as practicable, all primaries shall be uniformly conducted by the county executive committee for each political party and poll workers shall be properly trained and voters adequately informed and instructed. Nothing in this Act shall be construed to require joint primaries or to require the governing authority of Bibb County or any other public agency to bear any expense conducting primaries not otherwise required or permitted by law. Rules. Section 10. Upon the effective date of this Act, the board shall organize, and the ordinary and the chief registrar and county registrars together with appropriate officials of the City of Macon shall be relieved of all powers and duties to which the board succeeds by virtue of the provisions of this Act and they shall deliver to the board upon request of its chairman custody of all equipment, supplies, materials, books, papers, records and facilities of every kind pertaining to such powers and duties. Transfer of powers. Section 11. The governing authority of Bibb County, upon the recommendation of the board of elections, shall appoint a person whose title shall be Elections Supervisor who shall be the chief administrative officer of the board and who shall have such duties and functions as may be prescribed by the board. Elections supervisor.

Page 3337

Section 12. Compensation for members of the board of elections, elections supervisor, clerical assistants, and other employees of the board shall be such as may be fixed from time to time by the governing authority of Bibb County. Compensation. Section 13. The governing authority of the county shall provide the board with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate. The elections supervisor, and other employees functioning under his supervision shall be deemed to be employees of Bibb County. Offices, etc. Section 14. Annually, or at other convenient intervals as may be determined by the board of elections, the board of elections shall determine the actual cost of its operations, including the payment of employees, the purchase of supplies, the holding of primaries and elections, the reasonable value of goods, services, or office space furnished in kind, and shall certify the total cost as so determined to the governing authority of the City of Macon and the County of Bibb. Such certification shall include such reasonable itemizations as will enable the respective governing authorities to review and examine the certification of costs. Upon receipt of such certification so made by the board of elections, the City of Macon shall pay to Bibb County 50% thereof as reimbursement to the county for the city's share of the operations of the Board of Elections. Budget. Section 15. Notwithstanding any provisions of paragraph 14, the City of Macon shall pay all actual costs of holding any given primary or election conducted solely for the City of Macon and, likewise, the County of Bibb shall pay all actual costs of holding any given primary or election conducted solely for Bibb County. Nothing in this paragraph shall be construed to require the governing authority of the City of Macon or the governing authority of Bibb County or any other public agency to bear any expense of conducting primaries not otherwise required or permitted by law. Same. Section 16. All laws and parts thereof in conflict herewith are hereby repealed.

Page 3338

Section 17. This Act shall have no force or effect until the same shall have been ratified and approved by a majority of those qualified voters voting in the election hereinafter provided residing within the corporate limits of the City of Macon and by a majority of those qualified voters voting in such election residing in the limits of Bibb County but outside the corporate limits of the City of Macon. Effective date. Section 18. Upon the approval of this Act by the Governor, the ordinary of Bibb County shall thereafter call and provide for the holding of an election by the qualified voters of Bibb County to be held not later than the third Wednesday in September, 1969, which shall be conducted and concluded in the same manner prescribed by law for elections for members of the General Assembly, except that the managers of such elections shall provide for separate voting and separate sets of election papers to the end that each of the two groups, viz: those qualified voters residing within the corporate limits of the City of Macon and those qualified voters residing within the corporate limits of Bibb County but outside the corporate limits of the City of Macon shall vote separately and such votes shall be tabulated by such groupings; and except that the returns of such elections shall be made to said ordinary and he shall canvass the returns, consolidate the votes and declare the results. The ballot submitting the question of ratification of this Act shall have written or printed thereon the following: For ratification of act establishing Elections Board. Referendum. Against ratification of act establishing Elections Board. All persons desiring to vote in favor of ratification of this Act shall vote for such ratification and all persons desiring to vote against ratification shall vote against such ratification. If a majority of such voters voting in such election residing within the corporate limits of Macon and a majority of such voters voting in such election residing within Bibb County but outside the corporate limits of the City of Macon separately shall vote for ratification, said

Page 3339

ordinary shall by writing so declare and immediately there-upon this Act shall stand ratified and shall thereafter be of full force and effect. Notice of Local Legislation. Notice is hereby given that application will be made to the 1969 Session of the General Assembly of Georgia for the passage of the following bill, to-wit: An Act to provide for a board of elections in Bibb County, Georgia; to provide for the powers and duties of such Board; to provide for its membership and qualifications for membership; to provide for an elections supervisor, clerical assistants and other employees; to provide for the transfer of duties, powers and functions of the ordinary of Bibb County with respect to the holding of primaries and elections to the board of elections; to transfer the duties of the chief registrar and registrars of Bibb County to the board of elections; to provide for the transfer to said board of all similar duties of officials and agencies of the City of Macon having to do with the registration of voters and the conduct of primaries and elections; and for other purposes. This notice is given pursuant to the provisions of Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia, as amended, which provision was codified as Section 2-1915, Georgia Code Annotated. Any changes or amendments germane to the above described bill may be made and adopted. This 3rd day of January, 1969. E. S. Sell, Jr. County Attorney State of Georgia, County of Bibb. Personally appeared before me, a notary public within

Page 3340

and for above State and county, Mary Jean Goette, who deposes and says she is checking clerk for The Macon News and is duly authorized by the publisher thereof to make this affidavit; and that advertisement as per attached clipping has been published in The Macon News on the following dates: January 11, 1969, January 18, 1969, and January 25, 1969. /s/ Mary Jean Goette Sworn to and subscribed before me, this 25th day of January, 1969. /s/ Hugh P. Harper, Notary Public, Georgia, State at Large. (Seal). Approved April 23, 1969. CLAYTON COUNTY CIVIL SERVICE SYSTEM ACT AMENDED. No. 416 (House Bill No. 731). An Act to amend an Act known as the Clayton County Civil Service System Act, approved April 2, 1963 (Ga. L. 1963, p. 2747), so as to change the compensation of the members of the civil service board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Clayton County Civil Service System Act, approved April 2, 1963 (Ga. L. 1963, p. 2747), is hereby amended by striking subsection (c) of section 3 in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:

Page 3341

(c) Members of the civil service board shall be paid the sum of twenty ($20.00) dollars per diem for time actually devoted to the business of the board, not exceeding twentyfive (25) days in any calendar year. Compensation of board. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia a bill to Amend an Act known as the Clayton County Civil Service System Act, approved April 2, 1963, Ga. L. 1963, p. 2747 and as amended 1968, Ga. L. 1968, p. 2759, so as to change the provisions relating to the coverage of employees; so as to change the per diem payments to members of the Civil Service Board and for other purposes. This 4th day of January, 1969. John R. McCannon County Attorney Clayton County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Lamar D. Northcutt who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of notice of intention to introduce local legislation was published in the Forest Park Free Press and Clayton Cty. News Farmer which is the official organ of Clayton County, on the following dates: January 9, 16, 23, 1969. /s/ Lamar D. Northcutt Representative, 21st District

Page 3342

Sworn to and subscribed before me, this 3rd day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 23, 1969. COBB COUNTYACT PLACING NAMED OFFICERS ON SALARY BASIS AMENDED. No. 417 (House Bill No. 733). An Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff and the ordinary of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 7, 1957 (Ga. L. 1957, p. 2740), an Act approved March 25, 1958 (Ga. L. 1958, p. 3375), an Act approved April 7, 1961 (Ga. L. 1961, p. 3508), an Act approved March 7, 1962 (Ga. L. 1962, p. 3218), and an Act approved February 28, 1966 (Ga. L. 1966, p. 2075), so as to change the compensation of the sheriff, chief deputy sheriff, clerk and deputy clerk of the superior court, and clerk of court of ordinary; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the compensation of the clerk of the superior court, the sheriff and the ordinary of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 7, 1957 (Ga. L. 1957, p. 2740), an Act approved March 25, 1958 (Ga. L. 1958, p. 3375), an Act approved April 7, 1961 (Ga. L. 1961, p. 3508), an Act approved March 7, 1962 (Ga. L. 1962, p. 3218), and an Act approved February 28, 1966

Page 3343

(Ga. L. 1966, p. 2075), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. That the salary of the clerk of the superior court and the sheriff of Cobb County shall be $13,750.00 each, per annum to be paid in equal monthly installments from the funds of Cobb County. The salary of the ordinary of Cobb County shall be $12,500.00, to be paid in equal monthly installments from the funds of Cobb County. Salaries. Section 2. Said Act is further amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3, to read as follows: Section 3. That the ordinary of said county shall be authorized and empowered to employ the clerical help necessary to properly perform the functions and duties of his office provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County. The clerk of the court of ordinary shall be compensated in the amount of $10,505.00 per annum to be paid in equal monthly installments from the funds of Cobb County. Clerk of court of ordinary. Section 3. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. That the clerk of the superior court of Cobb County shall have a deputy clerk whose salary shall be $11,330.00 per annum to be paid monthly from the funds in the county treasury. Any candidate for the office of clerk of the superior court of Cobb County shall on the date of his qualification for such office in either a primary or general election certify to the ordinary of Cobb County the name of the person he shall appoint as his deputy clerk in the event he is elected to the office of clerk, and the person so named and certified by the successful candidate for such office shall serve as the deputy clerk during the term for which he was so named. In the event of the death or the removal from office of said deputy clerk, the clerk

Page 3344

of the superior court shall have thirty days from said date of death or removal from office of said deputy clerk to certify to the ordinary of Cobb County the name of the new deputy clerk to be appointed by him. That in addition to said deputy clerk, the clerk of the superior court of Cobb County shall be authorized and empowered to employ the clerical help necessary to properly perform the functions and duties of the office provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County. Deputy clerk of superior court. Section 4. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5, to read as follows: Section 5. That the sheriff of Cobb County shall have one chief deputy whose salary shall be $11,330.00 per annum to be paid monthly from the funds in the county treasury. Said chief deputy shall offer for said office and be elected to same at the time as the said sheriff offers for office and is elected. That in the event the office of sheriff becomes vacant by death, resignation or otherwise, the vacancy shall be filled for the remaining unexpired term thereof by the said chief deputy who shall in such event enter upon the performance of said duties upon taking the oath of office prescribed by law for the sheriff of Cobb County. That in addition to the said chief deputy the said sheriff shall be authorized and empowered to name and appoint additional deputies as shall be approved from time to time by the governing authority of Cobb County. The salaries of said additional deputies shall be set by the governing authority of Cobb County provided, however, that said salaries shall not be less than $4,560.00 per annum per each additional deputy approved by the said governing authority of Cobb County. In addition to the said chief deputy and other deputies above provided for, the sheriff of Cobb County shall be authorized and empowered to employ the clerical help necessary to properly perform the functions and duties of his office provided that the number of employees and salaries or other compensation, to be paid to each shall first be approved by the governing

Page 3345

authority of Cobb County. In addition to those employees as provided for above, there is hereby created the office of chief investigator for Cobb County. The chief investigator shall be appointed by the sheriff and shall be under his direct supervision and control. The individual appointed by the sheriff of Cobb County shall possess as a minimum a high school education and be either a graduate of the Federal Bureau of Investigation's National Academy for Peace Officers, or possess ten years of actual experience as a peace officer. The salary shall be fixed by the governing authority of Cobb County, which salary shall not be less than $7,250.00 nor more than $9,050.00 per annum. Chief deputy sheriff, etc. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969 Session of the General Assembly of Georgia, a bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff and the ordinary of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 428), as amended, so as to change the compensation of the sheriff, the sheriff's chief deputy, the clerk of the superior court, the deputy clerk of the superior court, the ordinary and the ordinary's clerk; and for other purposes. This 24th day of January, 1969. Cyrus M. Chapman Sam P. Hensley Senators Eugene Housley Howard Atherton A. L. Burruss
Page 3346

Joe Mack Wilson George H. Kreeger J. H. Henderson, Jr. Hugh Lee McDaniell Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George H. Kreeger who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of notice of intention to introduce local legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 24, 31 and February 7, 1969. /s/ George H. Kreeger Representative, 117th District Sworn to and subscribed before me, this 3rd day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 23, 1969. CITY COURT OF OGLETHORPENAME CHANGED TO STATE COURT OF MACON COUNTY. No. 418 (House Bill No. 739). An Act to amend an Act establishing a city court of Oglethorpe in the County of Macon, approved August 22, 1907 (Ga. L. 1907, p. 215), as amended, so as to change the name of said court to the State Court of Macon

Page 3347

County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a city court of Oglethorpe in the County of Macon, approved August 22, 1907 (Ga. L. 1907, p. 215), is hereby amended by striking from said Act and all amendatory Acts thereto, whenever the same shall appear, the following: the City Court of Oglethorpe, and substituting in lieu thereof: the State Court of Macon County, so that the name of said court shall be the State Court of Macon County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Macon County. Notice is hereby given that it will be introduced at the current session of the General Assembly of Georgia a Bill to change the name of the City Court of Oglethorpe to the State Court of Macon County, and for other purposes. This 10th day of February, 1969. Mrs. Janet S. Merritt Clarence A. Parker State Representatives District 46 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Janet S. Merritt who, on oath, deposes and says that she is Representative

Page 3348

from the 46th District, and that the attached copy of notice of intention to introduce local legislation was published in the Citizen Georgian which is the official organ of Macon County, on the following dates: February 13, 20, 27, 1969. /s/ Janet S. Merritt Representative, 46th District Sworn to and subscribed before me, this 3rd day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 23, 1969. LINCOLN COUNTYSHERIFF'S SALARY, ETC. No. 419 (House Bill No. 753). An Act to amend an Act abolishing the fee system of compensating the sheriff of Lincoln County and providing in lieu thereof an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2486), so as to change the compensation of the said sheriff; to authorize and direct the governing authority of Lincoln County to furnish, maintain and pay the operating expenses of the automobiles for the sheriff's office; to provide for the furnishing of uniforms for the deputy sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensating the sheriff of Lincoln County and providing in lieu thereof an annual salary, approved March 24, 1965

Page 3349

(Ga. L. 1965, p. 2486), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. The sheriff of Lincoln County shall be paid an annual salary of $6,000, payable in equal monthly installments from funds of Lincoln County. The governing authority of Lincoln County shall furnish, maintain and pay the operating expenses of the automobiles of the sheriff's office, and the said governing authority shall furnish uniforms to the deputy sheriff. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for the Passage of Local Legislation. Pursuant to a recommendation of the grand jury, sitting at the January Term, 1969, for Lincoln County, Georgia, and concurred in by the board of commissioners of roads and revenues of Lincoln County, Georgia, notice is hereby given that application will be made at the January, 1969, session of the General Assembly of Georgia for the passage of a bill to amend an Act placing the sheriff of Lincoln County, Georgia, on a salary, approved March 24, 1965, (Ga. L. 1965, p. 2486-2489) so as to increase the annual salary of the sheriff of Lincoln County, Georgia, from $5,000.00 to $6,000.00; to provide that Lincoln County shall furnish, maintain, and pay the operating expenses of the automobiles for the sheriff's office; to delete from said act the provisions of the same being furnished by the sheriff; to provide that uniforms be furnished for the deputy sheriff of Lincoln County, Georgia; and for other purposes. This 3rd day of February, 1969. Ben B. Ross Representative, 26th District

Page 3350

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben B. Ross who, on oath, deposes and says that he is Representative from the 26th District, and that the attached copy of notice of intention to introduce local legislation was published in the Lincoln Journal which is the official organ of Lincoln County, on the following dates: February 6, 13, 20, 1969. /s/ Ben B. Ross Representative, 26th District Sworn to and subscribed before me, this 3rd day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 23, 1969. LINCOLN COUNTYSALARY OF CHAIRMAN OF BOARD COMMISSIONERS. No. 420 (House Bill No. 754). An Act to amend an Act creating a board of commissioners of roads and revenues for Lincoln County (now board of commissioners of Lincoln County), approved February 25, 1949 (Ga. L. 1949, p. 228), as amended, particularly by an Act approved April 11, 1967 (Ga. L. 1967, p. 3023), so as to change the compensation of the chairman of said board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for Lincoln County (now board of commissioners of Lincoln County), approved February 25,

Page 3351

1949 (Ga. L. 1949, p. 228), as amended, particularly by an Act approved April 11, 1967 (Ga. L. 1967, p. 3023), is hereby amended by striking from section 3 the following: five thousand two hundred ($5,200.00), and inserting in lieu thereof the following: six thousand five hundred ($6,500.00), so that when so amended section 3 shall read as follows: Section 3. The chairman of the board shall receive a salary from the general funds of said county in the sum of six thousand five hundred ($6,500.00) dollars per year, payable monthly. Said chairman shall be the road superintendent of said county and it shall be his responsibility to supervise all road work and see that all orders of the board are put into effect. Said chairman shall, during his term of office, devote his full time to said petition. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for the Passage of Local Legislation. Pursuant to a recommendation of the grand jury, sitting at the January Term, 1969, for Lincoln County, Georgia, and concurred in by the board of commissioners of roads and revenues of Lincoln County, Georgia, notice is hereby given that application will be made at the January, 1969, session of the General Assembly of Georgia for the passage of a bill to amend an Act creating a board of commissioners of roads and revenues for Lincoln County, approved February 25, 1949 (Ga. L. 1949, p. 1228), as amended by an Act approved February 19, 1953 (Ga. L. 1953 Jan.-Feb. Sess., p. 2483), and as amended by an Act approved March 9, 1959 (Ga. L. 1959, p. 2248), and as amended by an Act approved March 3, 1962 (Ga. L. 1962 p. 2685-2689), so as to increase the salary of the chairman of the board of commissioners

Page 3352

from the sum of $5200.00 annually to the sum of $6500.00 annually and for other purposes. This 3rd day of February, 1969. Ben B. Ross Representative, 26th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben B. Ross who, on oath, deposes and says that he is Representative from the 26th District, and that the attached copy of notice of intention to introduce local legislation was published in The Lincoln Journal which is the official organ of Lincoln County, on the following dates: February 6, 13, 20, 1969. /s/ Ben B. Ross Representative, 26th District Sworn to and subscribed before me, this 3rd day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 23, 1969. LINCOLN COUNTYTREASURER, REFERENDUM. No. 421 (House Bill No. 755). An Act to amend an Act providing compensation for the treasurer of Lincoln County, approved August 19, 1916 (Ga. L. 1916, p. 461), as amended, so as to change the

Page 3353

compensation of said treasurer; to abolish the office of said treasurer at the end of his current term of office; to provide a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing compensation for the treasurer of Lincoln County, approved August 19, 1916 (Ga. L. 1916, p. 461), as amended, is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. The treasurer of Lincoln County shall receive the annual sum of $1,200.00, payable in equal monthly installments from funds of Lincoln County, as his sole compensation. Salary. Section 2. Said Act is further amended by adding a new section to be designated section 1A, to read as follows: Section 1A. Effective December 31, 1972, the office of treasurer of Lincoln County is abolished. The board of commissioners of Lincoln County shall elect from among themselves a fiscal officer whose responsibility it shall be to sign the warrants and other documents heretofore required to be executed by the county treasurer. Office abolished. Section 3. Not less than 45 days prior to the General Election of 1970 it shall be the duty of the ordinary of Lincoln County to issue his call for an election for the purpose of submitting section 2 of this Act to the qualified voters of Lincoln County for approval or rejection. The ordinary shall set the date of such election for a day to coincide with the date of the General Election of 1970. The ordinary 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 Lincoln County. The ballot shall have written or printed thereon the words: For approval of Section 2 of an Act, which Section 2

Page 3354

abolishes the Office of Treasurer of Lincoln County effective December 31, 1972, and which authorizes the Board of Commissioners to elect from among themselves a fiscal officer who shall sign the warrants and other documents heretofore required to be executed by the Treasurer. Against approval of Section 2 of an Act, which Section 2 abolishes the Office of the Treasurer of Lincoln County effective December 31, 1972, and which authorizes the Board of Commissioners to elect from among themselves a fiscal officer who shall sign the warrants and other documents heretofore required to be executed by the Treasurer. Referendum. All persons desiring to vote in favor of section 2 of the Act shall vote for approval, and those persons desiring to vote for rejection of section 2 of the Act shall vote against approval. If more than one half of the votes cast on such question are for approval of section 2 of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Lincoln County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for the Passage of Local Legislation. Pursuant to a recommendation of the grand jury, sitting at the January Term, 1969, for Lincoln County, Georgia, and concurred in by the board of commissioners of roads and revenues of Lincoln County, Georgia, notice is hereby given that application will be made at the January, 1969, session of the General Assembly of Georgia for the passage of a bill to amend an Act approved August 19, 1916 (Ga. L.

Page 3355

1916, p. 461), as amended by an Act approved March 26, 1947 (Ga. L. 1947, p. 735), and as amended by an Act approved March 17, 1960 (Ga. L. 1960, p. 2940), and as amended by an act approved March 6, 1962 (Ga. L. 1962, p. 3036-3037), to increase the annual salary of the treasurer of Lincoln County, Georgia, from $900.00 to $1200.00; to provide for a referendum by the voters of Lincoln County, Georgia, whether to abolish the office of treasurer of Lincoln County, Georgia, at the expiration of incumbent's termDec. 31, 1972; to provide the manner for payment of bills; and for other purposes. This 3rd day of February, 1969. Ben B. Ross Representative 26th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben B. Ross who, on oath, deposes and says that he is Representative from the 26th District, and that the attached copy of notice of intention to introduce local legislation was published in The Lincoln Journal which is the official organ of Lincoln County, on the following dates: February 6, 13, 20, 1969. /s/ Ben B. Ross Representative, 26th District Sworn to and subscribed before me, this 3rd day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 23, 1969.

Page 3356

CITY OF COLUMBUSCORPORATE LIMITS, REFERENDUM. No. 422 (House Bill No. 757). An Act to amend the charter of the City of Columbus in the County of Muscogee; to extend the present corporate limits of said city so as to include therein certain territory in the County of Muscogee contiguous to and north, northeast, east, southeast, south and west thereof; defining the boundaries of such territory; providing for a referendum to be held in said city and in the territory proposed to be annexed to determine whether this Act shall go into effect; fixing the qualifications of voters in said referendum and providing for the declaration of the result thereof; providing for the date that such proposed territory shall be included in the corporate limits of the City of Columbus; providing penalties for illegal voting; providing that prior to the date when said territory would become a part of said city the proper city authorities may make assessments of property located in said territory for purposes of taxation so that taxation may become effective upon said territory actually becoming a part of said city; enact such tax ordinances and other ordinances, make such appropriations, and perform such other functions with regard to said territory and its inhabitants as may be necessary or expedient properly to govern said territory immediately upon its actual inclusion within the corporate limits of said city; providing, if the combined vote of the two referendums is in favor of annexation, the voting qualifications of the residents of said territory in all city elections held during the year 1969; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the charter of the City of Columbus in the County of Muscogee be, and the same is, hereby amended as follows: Section 1. Additional territory described. That the present corporate limits of the City of Columbus, hereinafter designated as city, be, and they are, hereby extended so as to include within said corporate limits that certain territory

Page 3357

in the County of Muscogee contiguous to and north, northeast, east, southeast, south and west of such present corporate limits as is comprised within the following boundary lines; to-wit: Beginning on the Georgia State line located at the mean high water mark on the west bank of the Chattahoochee River at a point where the north line of fractional Land Lot 110, 8th District extended westerly would intersect said State line and running east along the extension of and the north line of said fractional Land Lot 110 to its northeast corner; thence continuing easterly along the north lines of Land Lots 108, 105 and 99 to its northeast corner; which is also the southwest corner of Land Lot 97; thence running north along the west line of said Land Lot 97 to its northwest corner; thence running easterly along the north lines of Land Lots 97, 81, 80, 61, 60, 41 and 40 to its northeast corner, all 8th District; thence south along the east line of Land Lots 40 and 39 to the northwest corner of 23, all 8th District; thence east along the north lines of Land Lots 23, 18, and 3, all 8th District to the northwest corner of Land Lot 3, 9th District; thence east along the north lines of Land Lots 3, 30, 35, and 62 to its northeast corner, all 9th District; thence south along the east line of Land Lots 62, 61, 60, 59 and 58 to the northwest corner of 72, all 9th District; thence east along the north line of Land Lot 72, 9th District to its northeast corner; thence south along the east line of Land Lots 72 and 73 to its southeast corner, both 9th District; thence west along the south line of said Lot 73 to the northeast corner of Land Lot 55, 9th District; thence south along the east lines of Land Lots 55, 54, 53 and 52 to its southeast corner, all in the 9th District; thence west along the south line of Land Lots 52, 45 and 20 to the northeast corner of Land Lot 14, all 9th District; thence south along the east line of Land Lots 14 and 15 to the northwest corner of Land Lot 17, all 9th District; thence east along the north line of said Land Lot 17 to the boundary line of Fort Benning Military Reservation on Tiger Creek; thence southerly along said reservation line to the south line of Land Lot 3, 7th District; thence west along the south line of Land Lots 3, 4, 5 and 6 to the northeast corner of Land Lot 15, all 7th District; thence south along

Page 3358

the east line of Land Lots 15, 28 and 39, 7th District to the north right-of-way line of Victory Drive; thence westerly along the north right-of-way line of Victory Drive to where said right-of-way intersects the south line of Land Lot 29, 7th District; thence west along the south line of Land Lots 29, 30 and 31, 7th District to the east line of Pye Avenue; thence south along the east line of Pye Avenue to a point formed by an easterly extension of the south line of Dove Street; thence west 60 feet along said extension to the northeast corner of Lot 4, Block J, Cherokee Park Subdivision; thence south 150 feet along the east line of said Lot 4 to its southeast corner; thence westerly along the rear of Lots 4, 3, 2 and 1, Block J, Cherokee Park to the southwest corner of said Lot 1; thence north along the west line of said Lot 1 a distance of 90 feet to the south line of Dove Street; thence west and northwesterly along the southerly line of Dove Street to the southeast corner of Lot 1, Block H, Cherokee Park; thence westerly along the southerly lines of Lots 1, 2, 3 and 4, said Block H to the southwest corner of said Lot 4; thence north along the west line of said Lot 4 a distance of 81.95 feet to the south line of Ladd Street; thence westerly along the south line of Ladd Street to the southwest corner of Ladd Street and Sharp Avenue; thence north along the west line of Sharp Avenue to the southeast corner of Lot 1, Block D, Cherokee Park; thence running south 3 degrees 0 minutes east along the westerly boundary of Sharp Avenue and a southerly extension thereof for a distance of 59.37 feet to a point; thence south 88 degrees 29 minutes west a distance of 201.34 feet; thence south 85 degrees 33 minutes west a distance of 288.1 feet; thence south 79 degrees 53 minutes west a distance of 232.8 feet; thence south 72 degrees 15 minutes west a distance of 185.3 feet; thence south 29 degrees 27 minutes west a distance of 127.1 feet; thence south 54 degrees 34 minutes west a distance of 125.1 feet; thence north 78 degrees 59 minutes west a distance of 127.9 feet; thence south 88 degrees 38 minutes west a distance of 272.75 feet; thence south 88 degrees 38 minutes west a distance of 101.25 feet; thence north 57 degrees 54 minutes west a distance of 176.2 feet; thence south 83 degrees 51 minutes west a distance of 107.9 feet; thence north 67 degrees 37 minutes west a

Page 3359

distance of 143.1 feet; thence north 63 degrees 56 minutes west a distance of 163.16 feet to the southeast corner of Lot 9, Block J, Cherokee Park Subdivision; thence northwesterly a distance of 145 feet to the southwest corner of said Lot 9; thence northeasterly along the western boundary of said Lot 9 to the southeast corner of Lot 10, Block J, Cherokee Park; thence northwesterly along the rear of Lots 10, 11, 12 and 13, Block J to a point on the southerly line of Land Lot 32, 7th District; thence west along the south line of said Land Lot 32 and Land Lot 33 to the Georgia State line located at the mean high water mark on the west bank of the Chattahoochee River; thence northerly along the Georgia State line which follows the meanders of the Chattahoochee River to the point of beginning. That area included within the present corporate limits of the municipality of Bibb City, Muscogee County, Georgia, is not included in the area proposed to be annexed to the City of Columbus and is specifically excluded from the above described territory and is to remain an independent municipality. Section 2. Effective date. That the inclusion within the corporate limits of said city of the territory above described shall not become effective until two referendum elections, one held in said city and one in said territory, in accordance with the provisions hereinafter set forth, have resulted in a combined vote favoring such annexation, and upon such favorable vote, the inclusion of said territory within the corporate limits of the City of Columbus shall be effective at 12:01 A.M., December 31, 1969. Section 3. Contiguous territory referendum. That the ordinary of Muscogee County shall submit to the qualified voters residing within the territory above described, by giving the notice provided for in Section 8 hereof, the question of the inclusion of said territory within the corporate limits of said city by calling a referendum election. The ordinary shall provide such polling places for voters in said territory as the ordinary may deem necessary and convenient for the voters therein. He shall appoint such managers for such ballot boxes at such polling places as he deems necessary for the conduct of such referendum election. Such

Page 3360

managers shall be sworn by the ordinary of a notary public to manage said election. The laws and regulations applicable to general county elections, and which are not in conflict with specific provisions of this Act, shall apply to said election. Section 4. Qualifications of territorial voters. At said election in said territory proposed to be annexed, only qualified voters of said county who have continuously resided in said territory proposed to be annexed for at least six months next preceding the day of said election, and who are also otherwise qualified by law to vote in general elections, shall be permitted to vote. Section 5. Territorial voters' lists and oaths. That the ordinary shall use those lists of qualified voters in said territory prepared, purged and supplemented in accordance with the provisions relating to general and special elections as contained in Code of Georgia of 1933, as amended, and other applicable statutes of Georgia. If the ordinary deems it desirable, he may require that the managers of such ballot boxes and polling places may require each prospective voter to swear that he has resided within the territory where he offers to vote continuously for six months next preceding the date of said election, and for this purpose said managers are hereby empowered to administer oaths. The ordinary may determine the qualifications for such voters in the territory to be annexed, either through the use of voters' lists prepared as herein provided or through the administering of the oaths as to residence within such territory as provided herein or a combination of both procedures for determining such qualifications. Section 6. Count of territorial ballots. The managers of said election in said territory proposed to be annexed shall, immediately upon the closing of the polls, count the ballots cast at the election and shall deliver to the ordinary the sealed ballot boxes, the sealed ballots, tally sheets and lists of voters, if any or all of such are used. At or before noon of the day following said election, or as soon thereafter as practicable, the managers shall certify to the ordinary the result of the election.

Page 3361

Section 7. City referendum. That the commission of the City of Columbus, at a regular or special meeting, shall, by adoption of a resolution to be effective immediately upon passage, submit to the qualified voters of the city, at a referendum election to be held as hereinafter provided and upon the same day as the election called by the ordinary as above provided, the question of the inclusion of said described territory within the corporate limits of said city. Said election called by said comission shall be held under the same rules and regulations governing general and special elections, and at the same places, as elections for members of said commission are held. Persons registered prior to May 1, 1969 shall be qualified to vote in said election. Section 8. Time of elections. The two elections herein provided for shall be held on the 25th of June, 1969. The polls within the city and within the territory proposed to be annexed shall open at 7 o'clock A.M. and close at 7 o'clock P.M. After the passage of this Act and its approval by the Governor, and prior to the date of said elections, the city clerk of said city shall cause the entire Act to be published one time in the newspaper of said city in which advertisements of sheriff's sales in Muscogee County are published. The ordinary shall issue his call for the election herein provided for, in sufficient time to allow the notice of said election to be published in said newspaper once a week for four weeks on any dates prior to the date of said elections. Said notice shall be a joint notice, signed by the ordinary and the city clerk of said city, and shall set forth the date of the elections, the hours of voting and the location of the polling places. A detailed description of the territory proposed to be annexed need not be set forth in said notice, but certified copies of this Act shall be kept on file by the ordinary and the city clerk prior to said elections, and such certified copies of the Act shall be subject to public inspection at all reasonable times. Section 9. Form of Ballot. The general form of ballot and the method of voting to be used in said election shall comply as nearly as practicable with the form and method set forth in The Georgia Election Code. The ballot shall show the purpose of the elections by general reference to this

Page 3362

Act, and shall have plainly printed thereon the words For annexation and Against annexation. Voters favoring annexation shall strike from the ballot the words Against annexation and voters opposing annexation shall strike from the ballot the words For annexation. In any or all of the precincts of said territory proposed to be annexed, in the discretion of the ordinary, or of the City of Columbus, in the discretion of the city clerk, as the case may be, ballots or votes in said referendum election may be cast, registered, recorded and counted by means of voting machines, authorized and used, as otherwise provided by laws. Section 10. Certification of city election; consolidation of votes; joint proclamation; effective date; record. The managers of the election held in the City of Columbus shall at noon of the day following said election, or as soon thereafter as practicable, certify to the commission of the City of Columbus at a regular or special meeting, the result of said election in the city; and the mayor and ordinary shall consolidate the total vote cast in said elections both inside the city and in the territory proposed to be annexed as hereinbefore provided, and if it shall appear that a majority of the total number of votes cast in said elections (adding all votes cast inside and all votes cast outside the city together) favor annexation, then the ordinary and the mayor shall make a joint proclamation of such results, and thereupon the corporate limits of the City of Columbus shall be extended on December 31, 1969, so as to include the territory within the boundaries hereinbefore described, and said territory shall on December 31, 1969, become a part of said City of Columbus and subject to all the laws and ordinances governing the same. The consolidation of the votes in said election and the proclamation of the mayor shall be entered on the minutes of the commission of said city and on the minutes of the Court of Ordinary of Muscogee County. Section 11. Territorial voters qualified for city elections before annexation. If the combined vote of the two elections provided for in Sections 3 and 7 above is in favor of

Page 3363

said annexation, then at any election, held during the year 1969 in which qualified voters of the City of Columbus may vote, those residents of said territory proposed to be annexed shall be qualified voters in said elections, upon the same terms and conditions, as to residence, registration and otherwise, as if said territory were on the days of said elections actually a part of said city. The city registrars in making up the list of qualified voters in said elections shall include the residents of said territory so qualified to vote as above set forth. Section 12. Expenses of two elections. That the entire expense of the two elections herein provided for, to be held within the city and in the territory proposed to be annexed, shall be paid by the City of Columbus. The Ordinary shall certify to the Treasurer of the City the cost of holding the election in the territory proposed to be annexed, including reasonable compensation to the managers of said election, together with other reasonable expenses usually incident to elections. Section 13. Illegal voting. That should any person vote in said elections, provided for in Sections 3 and 7 above, who is not registered and qualified to vote, or shall vote at more than one polling place, or (in case of those voting in the proposed extension) who has not continuously resided in the territory proposed to be annexed for at least six months next preceding the day of the election, he shall be deemed guilty of illegal voting, and upon conviction thereof, shall be punished as provided by law. Section 14. Tax assessments; ordinances. That if the combined vote of the two elections provided for herein is in favor of said annexation, then between the date of the proclamation of the result of said elections, and the date when said territory actually becomes a part of said city, the proper city authorities may make assessments of property located in such territory for the purposes of taxation, so that taxation may become effective upon said territory actually becoming a part of said city; enact such tax ordinances and other ordinances, make such appropriations, and perform such other functions with regard to said territory

Page 3364

and its inhabitants as may be necessary or expedient properly to govern said territory immediately upon its actual inclusion within the corporate limits of said city. Section 15. Repeal of conflicting laws. That all laws or parts of laws in conflict herewith be, and they are, hereby repealed. Notice of Intention to Apply for Local Legislation City of Columbus, Georgia Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1969, for the passage of a bill entitled as follows: An Act to amend the charter of the City of Columbus in the County of Muscogee; to extend the present corporate limits of said city so as to include therein certain territory in the County of Muscogee contiguous to and north, northeast, east, southeast, south and west thereof; defining the boundaries of such territory; providing for a referendum to be held in said city and in the territory proposed to be annexed to determine whether this Act shall go into effect; fixing the qualifications of voters in said referendum and providing for the declaration of the result thereof; providing for the date that such proposed territory shall be included in the corporate limits of the City of Columbus; providing penalties for illegal voting; providing that prior to the date when said territory would become a part of said city the proper city authorities may make assessments of property located in said territory for purposes of taxation so that taxation may become effective upon said territory actually becoming a part of said city; enact such tax ordinances and other ordinances, make such appropriations, and perform such other functions with regard to said territory and its inhabitants as may be necessary or expedient; properly to govern said territory immediately upon its actual inclusion within the corporate limits of said city; providing, if the combined vote of the two referendums is in favor of annexation, the voting qualifications of the residents of said territory in all city elections held during the year 1969; and for other purposes.

Page 3365

This the 14th day of January, 1969. /s/ Lennie F. Davis City Attorney City of Columbus, Georgia Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and County, Maynard R. Ashworth, who on oath certificates and says that he is the publisher of The Columbus Ledger, the newspaper published in the City of Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to-wit: January 16, 17, 23 and 30, 1969. /s/ Maynard R. Ashworth Sworn to and subscribed before me, this the 27th day of February, 1969. /s/ Wallace A. Kitchen, Notary Public, Muscogee County, Georgia. My Commission expires Feb. 10, 1970. (Seal). Approved April 23, 1969. McINTOSH COUNTYSALARIES OF TAX COMMISSIONER'S EMPLOYEES. No. 423 (House Bill No. 776). An Act to amend an Act placing the clerk of the superior court, sheriff and tax commissioner of McIntosh County upon an annual salary, approved April 5, 1965 (Ga. L. 1965, p. 3239), as amended, particularly by an Act approved

Page 3366

April 6, 1967 (Ga. L. 1967, p. 3003), so as to authorize the governing authority of McIntosh County to provide additional compensation for the assistant to the tax commissioner and other clerical personnel employed by the tax commissioner; 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 placing the clerk of the superior court, sheriff and tax commissioner of McIntosh County upon an annual salary, approved April 5, 1965 (Ga. L. 1965, p. 3239), as amended, particularly by an Act approved April 6, 1967 (Ga. L. 1967, p. 3003), is hereby amended by adding between sections 11 and 12 a new section to be numbered section 11A and to read as follows: Section 11A. Notwithstanding the provisions of section 11, the governing authority of McIntosh County is authorized to increase the compensation of the assistant to the tax commissioner and such other clerical personnel as shall be employed within the tax commissioner's office by $50.00 per month for each such employee. Salaries. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that legislation will be introduced at the 1969 session of the General Assembly of Georgia to change the compensation of the McIntosh County tax commissioner's clerk and deputy clerk. The same being introduced at the request of the McIntosh county commission.

Page 3367

This 5th day of February, 1969. Charles M. Jones State Representative, 59th District McIntosh and Liberty Counties Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles M. Jones who, on oath, deposes and says that he is Representative from the 59th District, and that the attached copy of notice of intention to introduce local legislation was published in The Darien News which is the official organ of McIntosh County, on the following dates: February 13, 20, 27, 1969. Sworn to and subscribed before me, this 4th day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 23, 1969. McINTOSH COUNTYSALARIES OF COUNTY COMMISSIONERS. No. 424 (House Bill No. 777). An Act to amend an Act creating a board of commissioners of McIntosh County, approved February 26, 1876 (Ga. L. 1876, p. 283), so as to change the compensation of the commissioners of McIntosh County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3368

Section 1. An Act creating a board of commissioners of McIntosh County, approved February 26, 1876 (Ga. L. 1876, p. 283), is hereby amended by adding between section 2 and 3 a new section to be numbered section 2A and to read as follows: Section 2A. Each member of the board of commissioners of McIntosh County shall receive for their services as such a salary of $125.00 per month. Salaries. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that legislation will be introduced at the 1969 session of the General Assembly of Georgia to change the salary and compensation of the ordinary of McIntosh County Georgia and to change the salary and compensation of the members of the board of commissioners of roads and revenue of McIntosh County Georgia, such legislation having been requested by the county commissioners of McIntosh County. This 24th day of January, 1969. Charles M. Jones State Representative, 59th District McIntosh and Liberty Counties Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles M. Jones who, on oath, deposes and says that he is Representative

Page 3369

from the 59th District, and that the attached copy of notice of intention to introduce local legislation was published in The Darien News which is the official organ of McIntosh County, on the following dates: January 30 and February 6, 13, 1969. /s/ Charles M. Jones Representative, 59th District Sworn to and subscribed before me, this 4th day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 23, 1969. McINTOSH COUNTYORDINARY PLACED ON SALARY BASIS. No. 425 (House Bill No. 778). An Act to abolish the present mode of compensating the ordinary of McIntosh County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide an expense allowance for the ordinary; to repeal an Act providing a supplemental salary for the ordinary, approved January 31, 1952 (Ga. L. 1952, p. 2008), as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3370

Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the ordinary of McIntosh County, known as the fee system, is hereby abolished, and in lieu thereof, an annual salary for such office is prescribed as hereinafter provided. Salary basis. Section 2. The ordinary shall receive an annual salary of $7,800, payable in equal monthly installments from the funds of McIntosh County. Salary. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the ordinary shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 4. The ordinary shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. The ordinary shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of McIntosh County to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the ordinary, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and

Page 3371

to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Deputies, etc. Section 5. The necessary operating expenses of the ordinary's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of McIntosh County. Office expenses. Section 6. In addition to the salary provided for in section 2, the ordinary shall receive an expense allowance of $600 per annum, payable monthly from the funds of McIntosh County. Expense allowance. Section 7. An Act providing a supplemental salary for the ordinary of McIntosh County, approved January 31, 1952 (Ga. L. 1952, p. 2008) as amended, is hereby repealed in its entirety. 1952 Act repealed. Section 8. The provisions of this Act shall become effective on the first day of the month following its approval by the Governor, or it otherwise becomes law. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that legislation will be introduced at the 1969 session of the General Assembly of Georgia to change the salary and compensation of the ordinary of McIntosh County Georgia and to change the salary and compensation of the members of the board of commissioners of roads and revenue of McIntosh County Georgia, such legislation

Page 3372

having been requested by the county commissioners of McIntosh County. This 24th day of January, 1969. Charles M. Jones State Representative, 59th District McIntosh and Liberty Counties Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles M. Jones who, on oath, deposes and says that he is Representative from the 59th District, and that the attached copy of notice of intention to introduce local legislation was published in The Darien News which is the official organ of McIntosh County, on the following dates: January 30 and February 6, 13, 1969. Sworn to and subscribed before me, this 4th day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 23, 1969. CITY OF DARIENMAYOR AND COUNCILMEN. No. 426 (House Bill No. 779). An Act to amend an Act creating a new charter for the City of Darien, approved March 10, 1964 (Ga. L. 1964, p. 2708), so as to provide for a mayor and four (4) councilmen; to fix the terms of mayor and councilmen; to provide

Page 3373

qualifications for office of mayor and councilmen; to require that candidate for mayor must receive a plurality of at least 40% of the total vote cast to be elected; to provide for run-off elections for mayor; to clarify and make more definite the laws governing election and terms of office of mayor and councilmen; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Darien, approved March 10, 1964 (Ga. L. 1964, p. 2708), is hereby amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. The governing authority of the City of Darien shall be vested in a mayor and four (4) councilmen, to be known as the mayor and council of the City of Darien, who shall be elected for two year terms by the qualified voters of the city in accordance with the following provisions. Created. (a) Elections for mayor and councilmen shall be held on the first Tuesday in November, 1969, and on the same day biennially thereafter. The present mayor and councilmen of the City of Darien shall continue to serve until their successors are elected and qualified under the provisions of this Act. Elections, etc. (b) The two year terms of elected mayor and councilmen shall begin on the first Thursday following the first Monday in January of the year following the year of election, and shall continue until successors have been elected and qualified. Before any newly elected mayor or councilman shall be deemed to have qualified for office, he shall take and subscribe an oath to faithfully perform the duties of his office. Terms, etc. (c) A candidate for mayor must receive a plurality of at least 40% of the total vote cast in order to be elected. If no candidate for mayor shall receive 40% of the total vote cast, there shall be a run-off election between the two candidates receiving the highest number of votes, and the winner shall be deemed elected. Plurality vote.

Page 3374

(d) In elections for councilmen, the four (4) candidates receiving the highest number of votes shall be elected; except that if the ordinance provided for in section 38 of this Act, requiring candidates to designate the particular councilman they wish to succeed, shall have been enacted, then the candidate receiving the highest number of votes for a particular council post shall be elected to that post. Section 2. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. No person shall be eligible to become a candidate for the office of mayor or councilman of the City of Darien or to hold such office following election, unless at the time of filing as a candidate and at the time for taking office following election he shall be (a) a freeholder in the City of Darien; (b) be a resident of the City of Darien and have resided in said city for one year immediately preceding his election; (c) be duly registered and qualified to vote in the city election in which he is a candidate. If the mayor or either of the councilmen should remove his residence or domicile out of the City of Darien during his term of office, said office shall automatically become vacant. Qualifications, etc. Section 3. Said Act is further amended by striking section 37 in its entirety and inserting in lieu thereof a new section 37 to read as follows: Section 37. The manner of holding elections shall be governed by the Georgia Municipal Election Code (Ga. L. 1968, p. 885), except as to those matters specifically dealt with in this charter not in conflict with the said Georgia Municipal Election Code. Elections. Section 4. Said Act is further amended by striking section 38 of said Act in its entirety and inserting in lieu thereof a new section 38 to read as follows: Section 38. The mayor and council may by ordinance provide that in case of the election of members of council, all candidates for councilman shall designate the councilman

Page 3375

they wish to succeed, and the names of the candidates for the separate places to be filled shall be placed in separate brackets on the ballots. In all elections where one or more councilmen are to be elected from a group of candidates, the ballot shall carry instructions as to the number to be voted for. Elections. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that legislation will be introduced at the 1969 session of the General Assembly of Georgia to amend the charter of the City of Darien to fix the number of city councilmen at four (4) councilmen; to require that candidate for mayor must receive at least 40% of total vote cast in order to be elected; and to clarify and make more definite the laws governing election and terms of office of mayor and councilmen, such legislation having been requested by the mayor and council of the City of Darien. This 3rd day of February, 1969. Charles M. Jones State Representative, 59th District McIntosh and Liberty Counties Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles M. Jones who, on oath, deposes and says that he is Representative from the 59th District, and that the attached copy of notice of intention to introduce local legislation was published in The Darien News which is the official organ of McIntosh County, on the following dates: February 6, 13, 20, 1969. /s/ Charles M. Jones Representative, 59th District

Page 3376

Sworn to and subscribed before me, this 4th day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 23, 1969. CITY OF ALBANYCORPORATE LIMITS, WARDS. No. 427 (House Bill No. 793). An Act to amend an Act providing a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, so as to change and extend the corporate limits of said city and the words therein; to define the police limits; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. The corporate limits proper of the City of Albany shall be as follows: With the intersection of the south line of land lot number 361, first land district of Dougherty County and the east right-of-way line of south Slappey Boulevard as a beginning point, run north along the east right-of-way line of south Slappey Boulevard to a point two hundred ten (210) feet south of the south right-of-way line of Colquitt Avenue; thence run west along the south side of a twenty (20.0) foot alley extended to the west right-of-way line of Walnut Street; thence run south 1-degree 0[UNK] east along the west side of Walnut Street, a distance of one hundred twenty (120) feet, to the south side of a twenty

Page 3377

(20.0) foot alley; thence run south 89-degrees 0[UNK] west along the south side of said twenty (20.0) foot alley, a distance of twelve hundred twenty-eight and three-tenths (1228.3) feet to the west line of land lot number 375 first land district of Dougherty County; thence run south 0-degrees 10[UNK] west along the west line of land lot number 375, a distance of two hundred fifty-eight (258) feet to the south side of a twenty (20.0) foot alley; thence run west along the south side of said twenty (20.0) foot alley a distance of three thousand three hundred nineteen (3,319) feet more or less to the west line of land lot number 402 first land district of Dougherty County; thence run south along the land lot line between land lots number 402 and 415 to the south line of the land lot number 415; thence run westerly along the south line of land lot number 415 to the west line of land lot number 415; thence run northerly along the west line of land lot number 415 to the centerline of Gordon Avenue; thence run east north easterly and easterly along the centerline of Gordon Avenue to the land lot line between land lots 403 and 414; thence run north along the land lot line between land lots number 403 and number 414 to a point twelve hundred seventy-nine and three-tenths (1279.3) feet south of the south right-of-way line of the Central of Georgia Railroad where said land lot line intersects the south side of a twenty (20.0) foot alley; thence run south 71-degrees 10[UNK] west along the south side of said alley a distance of twenty-three and seven-tenths (23.7) feet to a point; thence run south 60-degrees 31[UNK] west along the south side of said alley a distance of three hundred fifty (350.0) feet to a point; thence run south 72-degrees 43[UNK] west along the south side of said alley a distance of two hundred four and six-tenths (204.6) feet to a point; thence run north 29-degrees 29[UNK] west along the west side of a twenty (20.0) foot alley a distance of nine hundred and eight-tenths (900.8) feet to the north side of a twenty (20.0) foot alley; thence run north 18-degrees 05[UNK] west, a distance of five hundred sixty (560.0) feet to the northerly right-of-way line of the Central of Georgia Railroad; thence run southwesterly along the northerly right-of-way line of the Central of Georgia Railroad to a point on the west side of Ingleside Drive extended; thence run northeasterly along the west side of

Page 3378

Ingleside Drive, to the south side of Broad Avenue; thence run west north westerly to a point one thousand seven hundred four (1704) feet more or less south of the south right-of-way line of Gillionville Road on land lot line between land lot 413, first land district of Dougherty County and land lot 81, second land district of Dougherty County; thence run 87-degrees 40[UNK] west a distance of two thousand five hundred forty-one and seven-tenths (2541.7) feet to a point; thence run north 2-degrees 20[UNK] west a distance of one thousand seven hundred thirty-one and eight-tenths (1731.8) feet to a point on the south right-of-way line of Gillionville Road; thence run north 87-degrees 40[UNK] east along the south right-of-way of Gillionville Road a distance of ninety-five and seven-tenths (95.7) feet to a point; thence run northerly a distance of nine hundred forty-nine and five-tenths (949.5) feet to a point; thence run westerly a distance of nine hundred seventy-one and seven-tenths (971.7) feet to a point on the west line of land lot 80 second land district of Dougherty County; thence run northerly along the west line of land lot 80 second land district of Dougherty County a distance of one thousand one hundred five and nine-tenths (1105.9) feet to a point; thence run easterly a distance of one thousand two hundred eighty-five and eight-tenths (1285.8) feet to a point; thence run east southeasterly a distance of one hundred eighty-five and three-tenths (185.3) feet to a point on the north right-of-way line of Partridge Lane; thence run east north-easterly along the north right-of-way line of Partridge Lane a distance of four hundred thirty-one and one-tenth (431.1) feet to a point on the west side of a twenty (20.0) foot alley; thence run north along the west side of said twenty (20.0) foot alley and said side extended to the north line of land lot number 80, second land district of Dougherty County; thence run easterly along the north line of land lot number 80, a distance of one thousand six hundred twenty and eight-tenths (1620.8) feet to the west line of land lot number 412; thence run north along the west line of land lot number 412 and number 411 to the southeast corner of land lot number 40, second land district of Dougherty County; thence run westerly along the south line of land lot 40, second land district of Dougherty County a distance of one thousand six

Page 3379

hundred three and one-tenth (1603.1) feet to a point; thence run south 1-degree 49[UNK] east a distance of seventy-four and six-tenths (74.6) feet to a point; thence run south 42 degrees 26[UNK] west a distance of one thousand one hundred ten and two-tenths (1110.2) feet to a point; thence run south 47 degrees 34[UNK] a distance of one thousand thirty-five (1035) feet to a point; thence run north 42 degrees 26[UNK] west a distance of one thousand five hundred and seventy-eight (1578) feet to a point; thence run north 1-degree 49[UNK] west a distance of four hundred fifty-seven and five-tenths (457.5) feet to a point on the south line of land lot 40 second land district of Dougherty County; thence run westerly along the south line of land lot 40, second land district of Dougherty County to the west line of land lot number 40; thence run south 1-degree 00[UNK] east a distance of five hundred thirty-nine and two-tenths (539.2) feet to a point; thence run south 87 degrees 36[UNK] west a distance of five hundred fifty (550) feet to a point; thence run north 0-degrees 40[UNK] west a distance of one thousand three hundred fifty-six and four-tenths (1356.4) feet to a point; thence run easterly three thousand six hundred one and eight-tenths (3601.8) feet to a point on the southwesterly right-of-way line of Dawson Road; thence run southeasterly along the southwesterly right-of-way line of Dawson Road a distance of four hundred seventy-two and four-tenths (472.4) feet to a point on the line between land lot number 40, second land district of Dougherty County and land lot number 410, first land district of Dougherty County, which is four hundred forty and five-tenths (440.5) feet north of the southeast corner of land lot number 40, second land district of Dougherty County; thence run northerly along the west line of land lots number 410 and 409, first land district of Dougherty County, to the north line of land lot number 409; thence run easterly along the north line of land lots number 409, number 408, number 369 and number 368, first land district of Dougherty County to a point on the west bank of the Kinchafoonee Creek; thence run southeasterly along the west bank of the Kinchafoonee Creek to the west right-of-way line of Old Leesburg Road; thence run South southeasterly along the west right-of-way line of the Old Leesburg Road to the south side of Philema Road, thence easterly along the

Page 3380

south side of Philema Road to the east bank of the Muckafooney Creek; thence run southeasterly along the east bank of the Muckafooney Creek to the west bank of the Flint River; thence run east, three hundered (300) feet more or less to the east line of the low water mark of Flint River; thence run in a southerly direction along the east line of the low water mark of the Flint River to a point where the same is intersected by the north line of Roosevelt Avenue projected east; thence run along the north line of Roosevelt Avenue projected east to the west side of a twenty (20.0) foot alley one hundred and fifty (150.0) feet west of Hobson Street; thence run northerly along the west side of said twenty (20.0) foot alley to the south side of twenty (20.0) foot alley; thence run westerly along the south side of said twenty (20.0) foot alley, a distance of one hundred fourteen (114.0) feet to a point; thence run in a northerly direction a distance of three hundred eighty (380.0) feet to the south side of a twenty (20.0) foot alley; thence run in a westerly direction a distance of twelve hundred one (1201) feet more or less to the easterly side of Lines Street; thence run northerly along the east side of Lines Street a distance of six hundred ninety-one (691) feet more or less to a point; thence run westerly a distance of two hundred twenty (220) feet more or less to a point; thence run northerly a distance of one thousand one hundred forty-five (1145) feet more or less to a point; thence run easterly a distance of six hundred fifty-four (654) feet more or less to the east right-of-way line of the Georgia Northern Railroad; thence run southeasterly along the east right-of-way line of the Georgia Northern Railroad to a point where the north line of Residence Avenue Alley projected west intersects the east right-of-way line of the Georgia Northern Railroad; thence run in an easterly direction along the north side of Residence Avenue Alley in Elon subdivision to the west line of land lot 231; thence run northerly along the west line of land lot 231 to the north line of land lot 231; thence run east along the north line of land lot 231 to a point two hundred fifty (250.0) feet west of the east line of land lot 232; thence run north along a line parallel to and two hundred fifty (250.0) feet west of the east line of land lot 232 to the south line of land lot 233; thence run south 84 degrees, 59

Page 3381

minutes west along the south line of land lot 233 a distance of one thousand nine hundred thirty-four (1934) feet more or less to a point; thence run north 11 minutes east a distance of one thousand five hundred seventy and four-tenths feet (1570.4) to a point; thence run south 89 degrees 59 minutes west a distance of twenty (20) feet to a point; thence run north 29 degrees 13 minutes west a distance of one hundred ninety-four and seven-tenths (194.7) feet to a point; thence run north 1 minute west a distance of eight hundred fifty-five (855) feet more or less to a point; thence run north 89 degrees 59 minutes east a distance of one thousand six hundred thirty (1630) feet to the southeasterly bank of the Georgia Power Company Lake; thence run initially east northeasterly and along the meanderings of the southerly bank of the Georgia Power Company lake to a point one thousand four hundred seventy (1470) feet more or less west of and one thousand five hundred fifty (1550) feet more or less north of the southwest corner of land lot 121 and the boundary of the Naval Air Station, Albany, Georgia; thence run south 45 degrees east a distance of six hundred forty (640.0) feet more or less to a point; thence run south 18 degrees 53[UNK] east a distance of four hundred fifty-five (455.0) feet to a point; thence run south 45 degrees west a distance of three hundred fifty-three and ninetenths (353.9) feet to a point; thence run south 45 degrees east a distance of three hundred (300.0) feet to a point; thence run south 45 degrees west a distance of two hundred seventy-six and one-tenth (276.1) feet to a point; thence south 45 degrees east a distance of one thousand seven hundred twenty-one and four-tenths (1721.4) feet to a point; thence run due south a distance of six hundred eighty-three and five-tenths (683.5) feet to a point; thence run south 45 degrees west a distance of five hundred fifty-eight and fourtenths (558.4) feet to a point; thence run due west a distance of six hundred eighty-three and five-tenths (683.5) feet to a point; thence run north 45 degrees west a distance of one thousand four hundred sixty-five (1465.0) feet to a point; thence run south 8[UNK] west a distance of three hundred eighty-nine and five-tenths (389.5) feet to a point; thence run north 45 degrees west a distance of eight hundred thirty (830.0) feet more or less to a point; thence run south 45

Page 3382

degrees west to an intersection with a line parallel to and nine hundred (900.0) feet west of the east line of land lot 157 and land lot 156 to the northwesterly right-of-way line of the Cordele Road (Georgia Highway 257); thence run south westerly along the northwesterly right-of-way line of the Cordele Road (Georgia Highway 257) to the east line of land lot 161; thence run southerly along the west line of land lot 161 to the north line of land lot 154; thence run easterly along the north line of land lot 154 a distance of two thousand eight hundred twenty (2820) feet to a point; thence run southerly a distance of two thousand sixty-three and five-tenths (2063.5) feet to the north right-of-way line of U. S. Highway 82; thence run westerly along the north right-of-way line of U. S. Highway 82 to the centerline of Sowell Street extended northerly; thence run southerly along the centerline of Sowell Street and its extension to the south line of land lot 154; thence run west along the south line of land lot 154 to the west line of land lot 163; thence run south along the west line of land lot 163 to a point on a line parallel to and five hundred sixty (560) feet southwest of the southwesterly side of Johnson Road, said line being the southwesterly side of a twenty (20.0) foot alley; thence runs north westerly along the southwesterly side of said twenty (20.0) foot alley to the centerline of North Brierwood Drive, thence run northeasterly along the centerline of North Brierwood Drive to a point on a line parallel to and five hundred (500) feet southwest of the southwesterly side of Johnson Road; thence run northwesterly along said line parallel to and southwest of the southwesterly side of Johnson Road to a point on a line parallel to and five hundred (500) feet south of the southerly side of Rose Briar Road; thence run westerly along said line parallel to and south of the southerly side of Rose Briar Road to the centerline of South Mock Road; thence run southerly along the centerline of South Mock Road to its intersection with the south line of a twenty (20.0) foot alley south of Tompkins Avenue; thence run westerly along the south line of said twenty (20.0) foot alley and its extension to the west line of land lot 190; thence run north along the west line of land lot 190 to a point on a line parallel to and five hundred (500) feet south of the southerly right-of-way of U. S.

Page 3383

Highway 82, measured perpendicular; thence run westerly along said line parallel to and south of the southerly right-of-way line of U. S. Highway 82 to a line between land lots numbers 201 and 202, first land district of Dougherty County; thence run west along the line between land lots number 201 and number 202 to the corner common to land lots number 201, number 202, number 229, and number 230; thence run south along the land lot line between land lots number 201 and number 230, number 202 and number 229 to north right-of-way line of the Georgia Northern Railroad; thence run northwesterly along the north right-of-way line of the Georgia Northern Railroad to a point on the south right-of-way line of U. S. Highway 82; thence run westerly along the south right-of-way line of U. S. Highway 82 to a point where the north side of Whitney Avenue projected east intersects the south right-of-way line of U. S. Highway 82; thence run westerly along the line of the north side of Whitney Avenue projected east to the east low water line of the Flint River; thence run southerly along the east low water line of Flint River to its intersection with the south line of land lot 267; thence run easterly along the south line of land lot 267 to the centerline of State Highway 3; thence run northerly along the centerline of State Highway 3 to its intersection with the north line of Dixie Heights Sub-division as recorded in the public land records of Dougherty County on page-73 plat book 1; thence run easterly along the north line of said Dixie Heights Subdivision and its extension to the east line of land lot 240; thence run south along the east line of land lots 240, 241 and 242 to the south line of land lot 242; thence run westerly along the south line of land lots 242 and 265 to the east low water line of the Flint River; thence run south southeasterly along the east low water line of Flint River to its intersection with a line parallel to and five hundred thirty-three (533.0) feet south of the north line of land lot 305 extended east across the Flint River; thence run westerly along said line parallel to and five hundred thirty-three (533.0) feet south of the north line of land lot 305 to a point one hundred ninety-two and seven-tenths (192.7) feet west of the west low water line of the Flint River; thence run south southeasterly a distance of five hundred

Page 3384

thirty-one and six-tenths (531.6) feet to a point; thence run westerly a distance of one thousand five hundred eighty-five and eight-tenths (1585.8) feet to a point on the east line of land lot 319; thence run southerly along the east line of land lot 319 a distance of nine hundred eighty-five (985.0) feet to a point; thence run westerly a distance of one thousand two hundred (1200.0) feet to a point; thence run northerly a distance of two thousand fifty-two (2052.0) feet to the south line of land lot 320; thence run westerly along the south line of land lot 320 and land lot 337 to the west line of land lot 337; thence run northerly along the west line of land lot 337 to the south line of land lot 361; thence run westerly along the south line of land lot 361 to the beginning point. Corporate limits. The limits of the City of Albany, for police purposes only, be and the same are hereby extended so as to include supervision and control over the public utilities properties of said city, including its waterworks, gas, electric and sewerage systems without the limits of the city. The jurisdiction of the police court shall include power over offenses, matters or things affecting any of the city's public utilities properties, including its waterworks, gas, electric and sewerage systems without the limits of the city. The city proper shall be divided into wards as follows: 1st Ward: Ward one shall include all that part of the City of Albany lying east of the Flint River and known as East Albany. 2nd Ward: Ward two shall include all that part of the City of Albany lying west of the centerline of Monroe Street and south of the centerline of Flint Avenue and being bounded on the north by the centerline of Flint Avenue and the centerline of Flint Avenue projected west to the centerline of the Central of Georgia Railroad and the centerline of Central of Georgia Railroad to the centerline of Slappey Boulevard and from the centerline of Slappey Boulevard along the centerline of Gillionville Road to the city limits and bounded on the south and southeast by the centerline of Jeffries Avenue from the centerline of Monroe

Page 3385

Street to the centerline of Newton Road and the centerline of Newton Road to the city limits. Wards. 3rd Ward: Ward three shall include that part of the City of Albany bounded on the east by the Flint River and bounded on the north by the centerline of Eighth Avenue and its extension to the Flint River and bounded on the west by the centerline of Slappey Boulevard between the centerline of Eighth Avenue and the centerline of Central of Georgia Railroad and running easterly along the centerline of the Central of Georgia Railroad to the extension of the centerline of Flint Avenue and along said extension and the centerline of Flint Avenue to the centerline of Monroe Street and running along the centerline of Monroe Street to the centerline of Jefferies Avenue and along the centerline of Jefferies Avenue to the centerline of Newton Road and along the centerline of Newton Road to city limits which comprise the southerly boundary of the ward. 4th Ward: Ward four shall include all of that part of the City of Albany bounded on the east by the Flint River and bounded on the north and west by city limits and bounded on the south by the centerline of Eighth Avenue and its extension east to the Flint River and its extension west to the centerline of Valley Road Alley where said alley intersects north Hilltop Drive, running thence west along the centerline of Valley Road Alley and its extension west to the centerline of Dawson Road, running thence north-westerly along the centerline of Dawson Road, to the city limits. 5th Ward: Ward five shall include all of that part of the City of Albany bounded on the south by the centerline of Gillionville Road to the city limits and bounded on the east by the centerline of Slappey Boulevard and on the north by the centerline of Eighth Avenue and its extension west to the centerline of Valley Road Alley where said alley intersects north Hilltop Drive, running thence west along the centerline of Valley Road Alley and its extension west to the centerline of Dawson Road, running thence northwestly along the center line of Dawson Road to the city limits.

Page 3386

Section 2. This Act shall become of full force and effect as of 12:01 A.M., December 31, 1969. Effective date. Section 3. Be it further enacted by the authority aforesaid that the provisions of this bill are severable, and that should any provision, or provisions, thereof be declared illegal and ineffective for any purpose, the remaining provisions shall not be in anywise affected thereby. Severability. Section 4. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced for passage at the ensuing 1969 term of the General Assembly of Georgia a bill to amend the Charter of the City of Albany, Georgia, so as to change and extend the city limits and the wards therein. This 10th day of February, 1969. Fred W. Mills, Mayor City of Albany, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Colquitt H. Odom who, on oath, deposes and says that he is Representative from the 61st District, and that the attached copy of notice of intention to introduce local legislation was published in The Albany Herald which is the official organ of Dougherty County, on the following dates: February 11, 18, 25, 1969. /s/ Colquitt H. Odom Representative, 61st District

Page 3387

Sworn to and subscribed before me, this 4th day of March, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved April 23, 1969. BLECKLEY COUNTYSALARY OF COUNTY COMMISSIONERS, CLERICAL ASSISTANT. No. 428 (House Bill No. 794). An Act to amend an Act creating the office of commissioner of Bleckley County, approved August 18, 1913 (Ga. L. 1913, p. 345), as amended, particularly by an Act approved August 17, 1918 (Ga. L. 1918, p. 400), an Act approved March 20, 1963 (Ga. L. 1963, p. 2387), and an Act approved March 31, 1967 (Ga. L. 1967, p. 2381), so as to increase the compensation of the commissioner; to provide for a clerk; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of Bleckley County, approved August 18, 1913 (Ga. L. 1913, p. 345), as amended, particularly by an Act approved August 17, 1918 (Ga. L. 1918, p. 400), an Act approved March 20, 1963 (Ga. L. 1963, p. 2387), and an Act approved March 31, 1967 (Ga. L. 1967, p. 2381), is hereby amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9 to read as follows: Section 9. (a) Be it further enacted by the authority aforesaid, the commissioner of Bleckley County and his successors in office shall receive eight thousand ($8,000.00) dollars per annum, payable in equal monthly installments, plus an allowance for expenses incurred in the performance of the duties as commissioner in the sum of one hundred ($100.00) dollars per month. The salary and expense allowance

Page 3388

herein provided shall be the total compensation to be received by the commissioner of Bleckley County and said sums shall be paid to the commissioner by the fiscal authority of said county from the funds of Bleckley County on a semi-monthly or monthly basis as may be determined by said commissioner. Salary. (b) The commissioner may employ a clerical assistant who shall be paid from county funds. Such assistant's compensation shall be determined by the commissioner, but in no event shall such compensation exceed $4,000 per annum. Clerical assistant. Section 2. The compensation provided herein shall be in lieu of that provided for the commissioner of Bleckley County in an Act supplementing the fees and commissions of certain officers of Bleckley County, approved February 10, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2196), as amended. Intent. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Introduce Legislation. Notice is hereby given that there will be introduced at the 1969 session of the General Assembly of Georgia, a bill to change the compensation and allowance of the commissioner of roads and revenues of Bleckley County, Georgia; and for other purposes pertaining thereto. This the 1st day of February, 1969. John H. Anderson, Jr. Representative District 49, Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John H. Anderson,

Page 3389

Jr. who, on oath, deposes and says that he is Representative from the 49th District, and that the attached copy of notice of intention to introduce local legislation was published in The Cochran Journal which is the official organ of Bleckley County, on the following dates: February 6, 13, 20, 1969. /s/ John H. Anderson, Jr. Representative, 49th District Sworn to and subscribed before me, this 25th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 23, 1969. BLECKLEY COUNTYCOMPENSATION OF SHERIFF. No. 429 (House Bill No. 795). An Act to amend an Act abolishing the fee system for the sheriff of Bleckley County and providing in lieu thereof an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2568), so as to change the compensation of the sheriff; to provide for the compensating of personnel; to provide for the expenses of the office; to provide for a budget; to provide for an arbitration board; 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 abolishing the fee system for the sheriff of Bleckley County and providing in lieu thereof an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2568), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Salary.

Page 3390

Section 2. The sheriff of Bleckley County shall be compensated by an annual salary, in lieu of the fee system of compensation. The sheriff of Bleckley County shall be compensated by an annual salary of eight thousand dollars ($8,000.00), all to be paid in equal monthly installments from the funds of Bleckley County. Such compensation shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments, and perquisites of whatever kind heretofore allowed as compensation to the sheriff, regardless of in what capacity said services for such fees, costs, fines, forfeitures, commissions, emoluments or perquisites were rendered. Nothing in this section shall be construed to prevent said officer from receiving any retirement in addition to any salary which such officer has been paid during his tenure of office. Section 2. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. The sheriff shall have the authority to appoint a deputy. Said deputy shall be compensated in an amount not to exceed five thousand two hundred dollars ($5,200.00) per annum. The exact amount of said compensation shall be set by the sheriff. Such compensation shall be paid from the funds of Bleckley County. It shall be within the sole power and authority of the sheriff, during his respective term of office, to designate and name the person who shall be employed as deputy and to prescribe his duties and assignments and to remove or replace his deputy at will and within his sole discretion. Deputy sheriff. Section 3. Said Act is further amended by adding between section 4 and 5 a new section to be designated as section 4A, to read as follows: Section 4A. The commissioner of roads and revenues of Bleckley County and the grand jury of Bleckley County, acting jointly, shall have the power to allocate funds from the treasury of Bleckley County to be used by the sheriff in order to deal with any situation creating a public emergency. Said commissioner and grand jury shall have the full power officially to designate any situation as a public

Page 3391

emergency and to determine the funds necessary for the purpose of enabling the sheriff to subdue such public emergency. Said commissioner and grand jury shall also have the power to authorize the appointment by the sheriff of an additional deputy or of additional deputies, as they may consider required by said public emergency. The compensation of such additional deputy or deputies shall be on a per diem basis, the amount to be fixed by the commissioner of Bleckley County. Emergencies. Section 4. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5, to read as follows: Section 5. (a) The necessary operating expenses of the sheriff's office shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The sheriff, at least ninety days before the first day of January of each year, beginning with January, 1970, shall recommend to the governing authority of Bleckley County a proposed budget covering the costs of operating his office for the next ensuing year. Office expenses. (b) In the event the governing authority of Bleckley County shall refuse or fail to approve the budget, the sheriff shall be authorized to appeal to an arbitration committee, composed of the judge of the Superior Court of Bleckley County, the district attorney, the representative, the chairman of the grand jury and the State senate. Said committee shall then determine all matters included in said appeal. The determination made by said committee shall be final. Section 5. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Introduce Legislation. Notice is hereby given that there will be introduced at

Page 3392

the 1969 session of the General Assembly of Georgia, a bill to change the compensation and allowance of the sheriff of Bleckley County, Georgia; and for other purposes. This the 1st day of February, 1969. John H. Anderson, Jr. Representative District 49, Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John H. Anderson, Jr. who, on oath, deposes and says that he is Representative from the 49th District, and that the attached copy of notice of intention to introduce local legislation was published in The Cochran Journal which is the official organ of Bleckley County, on the following dates: February 6, 13, 20, 1969. /s/ John H. Anderson, Jr. Representative, 49th District Sworn to and subscribed before me, this 25th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 23, 1969.

Page 3393

ACT PROVIDING PENSION SYSTEM FOR EMPLOYEES OF FIRE DEPARTMENTS OF CERTAIN CITIES AMENDED (150,000 OR MORE). No. 434 (Senate Bill No. 53). An Act to amend an Act approved August 13, 1924 (Ga. L. 1924, p. 167 et seq.), and the several Acts amendatory thereof, and as amended particularly by an Act approved March 28, 1961 (Ga. L. 1961, pp. 2777-2778 et seq. Jan.-Mar. Session), providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000 as disclosed by the United States Census of 1920, or any subsequent census, so as to change certain other provisions relating to the eligibility of persons receiving benefits under such Act to be re-employed or re-appointed to any position in the government of such cities; so as to eliminate the restriction upon retired officers or employees of the fire departments of such cities who have been elected to public office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act approved August 13, 1924 (Ga. L. 1924, p. 167 et seq.), providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000 by the United States Census of 1920, and any subsequent census, and the several Acts amendatory thereof, be and the same is hereby further amended as follows: Section 1. The Act approved March 28, 1961 (Ga. L. 1961, pp. 2777-2778 et seq. Jan.-Mar. Sess.), amending said Act is hereby amended by striking from the second sentence of section 2 the words: No such retired person, however, who shall be elected by the people to any such office shall receive a pension during the time he holds such elective office, and Repealed.

Page 3394

The said Section of Act approved March 28, 1961 (Ga. L. 1961, pp. 2777-2778 et seq. Jan.-Mar. Sess.), as amended by this Act, shall read as follows: Section 2. Nothing herein contained shall prevent any retired officer or employee of the fire departments of such cities from holding any position which is filled by an election by the people. No additional pension or civil service rights or privileges shall accrue to such officer or employee during such period. Elective office after retirement. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 23, 1969. ACT PROVIDING PENSION SYSTEM FOR MEMBERS OF POLICE DEPARTMENTS OF CERTAIN CITIES AMENDED (150,000 OR MORE). No. 437 (Senate Bill No. 80). An Act to amend an Act approved February 15, 1933 (Ga. L. 1933, p. 212, et seq.), providing for pensions for members of police departments of cities having a population of 150,000 or more according to the last census of the United States or any subsequent census thereof, and for other purposes more fully set out in the caption of said Act, and the several Acts amendatory thereof, particularly an Act approved April 5, 1961 (Ga. L. 1961, p. 2885), so as to change certain other provisions relating to the eligibility of persons receiving benefits under such Act to be reemployed or reappointed to any position in the government of such cities; so as to eliminate the restriction upon retired officers or employees of the police departments of such cities who have been elected to public office from receiving pension benefits while serving in public office; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3395

Section 1. An Act providing for pensions for members of police departments of certain cities, approved February 15, 1933 (Ga. L. 1933, p. 212, et seq.), as amended, particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 2885), is hereby amended by striking from section 2 of said amendatory Act of 1961 the following: such retired person, however, who shall be elected by the people to any such office shall receive a pension during the time that he holds such elective office, and no, Repealed. so that when so amended said section shall read as follows: Section 2. Nothing herein contained shall prevent any retired officer or employee of the police departments of such cities from holding any position which is filled by an election by the people. No additional pensions or civil service rights or privileges shall accrue to such officer or employee during such period. Elective office after retirement. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 23, 1969. CITY OF GRIFFINCORPORATE LIMITS. No. 452 (House Bill No. 276). An Act to amend an Act revising and consolidating the several acts of the General Assembly of Georgia, granting and amending the charter of the City of Griffin, Spalding County, Georgia, and for other purposes, approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act revising and consolidating the several

Page 3396

acts of the General Assembly of Georgia, granting and amending the charter of the City of Griffin, Spalding County, Georgia, and for other purposes, approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, is hereby amended by adding the property hereinafter described to the territory embraced within the corporate limits of the City of Griffin, Georgia, so that when so amended the corporate limits of the City of Griffin shall also include all that territory embraced within the following described tract of land: All that lot, tract, or parcel of land situate, lying and being in land lots 82 and 83 of the Second District of originally Monroe, now Spalding County, Georgia as shown in a plat entitled `Proposed Addition to the City of Griffin' dated December 31, 1968 by Griffin Engineering Mfg. Co. and recorded in plat book 8, page 28 of Spalding County Superior Court records. Said tract may be more particularly described with reference to said plat as beginning at the present city limits at the southeast corner of land lot 82; and running thence from said point of beginning north, 885 feet along the east boundary of land lot 82 and the present city limits; running thence west 405 feet along the present city limits to the northwest corner of lands of Mrs. Bessie S. Graham; running thence south, 138.3 feet along the present city limits to the southwest corner of lands of Mrs. Bessie S. Graham; running thence south 65 degrees 44 minutes west, 654.0 feet along the present city limits; running thence south 0 degrees 47 minutes west, 1373.4 feet along the present city limits; running thence south 89 degrees 27 minutes west, 297.2 feet along the present city limits; running thence south 89 degrees 27 minutes west, 301.6 feet to the northwest corner of lands of Dr. Grady F. Duke; running thence south 0 degrees 26 minutes west, 425.0 feet to the southwest corner of lands of Dr. Grady F. Duke; running thence south 89 degrees 02 minutes east, 1512.0 feet to the west margin of Carver Road and the southeast corner of lands of James H. and Priscilla Grant; running thence north 1 degree 00 minutes east, 1250.0 feet along the west margin of Carver Road to the south boundary of land lot 82; and running thence

Page 3397

east, 40.0 feet along the south boundary of land lot 82 to the present city limits and point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. This is to Certify: The City of Griffin did run in the Griffin Daily News Leg. Adv. #1887, titled, Local Legislation on January 4-11-18. The date 1968 regular session of the Georgia General Assembly, is a typographical error and should have been 1969 session. Griffin Daily News /s/ Russell M. Smith Advertising Manager Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1968 regular session of the General Assembly of Georgia a bill to annex a certain parcel of land, located on the west side of Carver Road and on both sides of Boyd's Row, to the City of Griffin, Georgia, and for other purposes. City of Griffin, By: J. S. Langford City Manager Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Clayton Brown who, on oath, deposes and says that he is Representative from the 32nd District, and that the attached copy of notice of intention to introduce local legislation was published in the Griffin Daily News which is the official organ of Spalding County, on the following dates:

Page 3398

January 4th, 11th, and 18th, 1969. /s/ Clayton Brown Representative, 32nd District Sworn to and subscribed before me, this 24th day of January, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved April 24, 1969. WHITFIELD COUNTYCOUNTY EMPLOYEES. No. 453 (House Bill No. 283). An Act to amend an Act revising, superseding and consolidating the laws pertaining to the governing authority of Whitfield County and creating a board of commissioners for Whitfield County, approved February 21, 1964 (Ga. L. 1964, p. 2175), as amended by an Act approved April 12, 1968 (Ga. L. 1968, p. 3682), so as to make it lawful for certain persons to continue to be employed by Whitfield County irrespective of relationship to any member of the board of commissioners of Whitfield County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act revising, superseding and consolidating the laws pertaining to the governing authority of Whitfield County and creating a board of commissioners for Whitfield County, approved February 21, 1964 (Ga. L. 1964, p. 2175), as amended by an Act approved April 12, 1968 (Ga. L. 1968, p. 3682), is hereby amended by adding

Page 3399

at the end of the second sentence of section 22 the following: However it shall be lawful for the board to continue to employ any person related to any member of the board by blood or marriage so long as said person has been continuously employed by Whitfield County one or more calendar years immediately preceding the election of said board member or members to whom said employee is so related. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that at the present January, 1969, Term of the General Assembly of Georgia, there will be introduced a Bill to amend an Act pertaining to the governing authority of Whitfield County, Georgia (Ga. L. 1964, p. 2175) as amended by (Ga. L. 1968, p. 3682) so as to make it lawful for persons with one (1) or more calendar years of prior employment by Whitfield County to be employed by Whitfield County irrespective of relationship to any member of the board of commissioners of roads and revenues of Whitfield County. /s/ Jack H. Cole Representative, Whitfield County, Georgia, Seat No. 1 Virgil T. Smith Representative, Whitfield County, Georgia, Seat No. 2 /s/ Gerald H. Leonard Representative, Whitfield County, Georgia, Seat No. 3 Affidavit of Publication. This is to certify that the attached published legal notice

Page 3400

appeared for three consecutive weeks in issues of The Daily Citizen-News, Dalton, Ga.; on the following dates: Dec. 6, Dec. 13, Dec. 20, 1968. /s/ Rufus M. Josey Publisher This affidavit sworn to and subscribed before me, on the 24th day of January, 1969. /s/ Louise B. Hackney, Notary Public. (Seal). Approved April 24, 1969. COOK COUNTYCOMPENSATION OF SHERIFF, ETC. No. 456 (House Bill No. 420). An Act to amend an Act abolishing the mode of compensating the sheriff of Cook County known as the fee system and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2233), so as to change the provisions relating to the compensation of the sheriff; to change the provisions relating to the compensation of the personnel employed by the sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the mode of compensating the sheriff of Cook County known as the fee system and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2233) is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. The sheriff shall receive an annual salary of not less than $9,000.00 nor more than $14,000.00. The exact

Page 3401

amount of said salary, within said limitations, shall be fixed by the governing authority of Cook County and shall be paid in equal monthly installments from the funds of Cook County. Sheriff's salary. Section 2. Said Act is further amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. The sheriff shall have the authority to appoint such deputies, clerical assistants and other personnel as may be necessary to enable him to efficiently and effectively carry out the duties of his office. The compensation of such deputies, clerical assistants and other personnel shall be paid from the funds of Cook County, but the compensation to be paid by the county for all such personnel shall be subject to the approval of the governing authority of Cook County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, or other personnel and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. The sheriff is charged with the responsibility of feeding all prisoners confined in the county jail. The governing authority of Cook County shall reimburse the sheriff at the rate of $1.50 per day, per prisoner for the expenses incurred in feeding such prisoners. Deputies, etc. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1969 session of the General Assembly of Georgia, a bill to amend an act, as said act is presently amended, changing the mode of compensation for the sheriff of Cook County, Georgia, from the fee system to the salary system so as to increase the salary of the sheriff of said county, and to change the mode of compensation for the employees and the deputies of said office, and to provide a method for

Page 3402

setting the salary for said sheriff and the employees and deputies of said office; and for other purposes. This the 15th day of January, 1969. Representative Delegation for the 63rd District of the State of Georgia State of Georgia. County of Cook. Personally appeared before me the undersigned attesting officer, this date came C. C. Patten, who, after first being duly sworn does state and depose under oath that The Adel News is the official publication of Cook County, Georgia, and that he is the publisher of said newspaper; and that the foregoing is a true and correct copy of the advertisement as printed in The Adel News on January 15, 22, and 29th, 1969. This the 5th day of February, 1969. /s/ G. C. Patten Sworn to and subscribed before me, this the 5th day of February, 1969. /s/ Jack W. Carter Notary Public, State of Georgia at Large. My commission expires May 15, 1971. (Seal). Approved April 24, 1969. COOK COUNTYACT PLACING NAMED OFFICERS ON A SALARY BASIS AMENDED. No. 457 (House Bill No. 421). An Act to amend an Act changing the mode of compensating

Page 3403

the clerk of the superior court, the ordinary and the tax commissioner of Cook County from the fee system to a salary system approved April 4, 1967 (Ga. L. 1967, p. 2512), as amended by an Act approved March 21, 1968 (Ga. L. 1968, p. 2496), so as to change the provisions relating to the compensation of said officers; to change the provisions relating to the compensation of the personnel employed by said officers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the mode of compensating the clerk of the superior court, the ordinary and the tax commissioner of Cook County from the fee system to the salary system approved April 4, 1967 (Ga. L. 1967, p. 2512), as amended by an Act approved March 21, 1968 (Ga. L. 1968, p. 2496), is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. The clerk of the superior court shall receive an annual salary of not less than $9,000.00 nor more than $14,000.00. The exact amount of said salary, within said limitations, shall be fixed by the governing authority of Cook County and shall be paid in equal monthly installments from the funds of Cook County. Clerk of Superior Court. Section 2. Said Act is further amended by striking section 3 in its entirety and substituting in lieu thereof a new section 3 to read as follows: Section 3. The ordinary shall receive an annual salary of not less than $7,000.00 nor more than $12,000.00. The exact amount of said salary, within said limitations, shall be fixed by the governing authority of Cook County and shall be paid in equal monthly installments from the funds of Cook County. Ordinary. Section 3. Said Act is further amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows:

Page 3404

Section 4. The tax commissioner shall receive an annual salary of not less than $9,000.00 nor more than $14,000.00. The exact amount of said salary, within said limitations, shall be fixed by the governing authority of Cook County and shall be paid in equal monthly installments from the funds of Cook County. Tax Commissioner. Section 4. Said Act is further amended by striking the last sentence of sections 7, 8, and 9 and inserting in lieu thereof a new last sentence for each of said sections to read as follows: Provided, however, the compensation to be paid by the county for all such personnel shall be subject to the approval of the governing authority of Cook County., so that when so amended sections 7, 8, and 9 shall read as follows: Section 7. The clerk of the superior court is authorized to employ such personnel to assist him in discharging the official duties of his office as he shall deem proper. Such personnel's compensation shall be paid from the county funds. Provided, however, the compensation to be paid by the county for all such personnel shall be subject to the approval of the governing authority of Cook County. Personnel. Section 8. The ordinary of Cook County is authorized to employ such personnel to assist him in discharging the official duties of his office as he shall deem proper. Such personnel's compensation shall be paid from county funds. Provided, however, the compensation to be paid by the county for all such personnel shall be subject to the approval of the governing authority of Cook County. Section 9. The tax commissioner of Cook County is authorized to employ such personnel to assist him in discharging the official duties of his office as he shall deem proper. Such personnel's compensation shall be paid from county funds. Provided, however, the compensation to be paid by the county for all such personnel shall be subject to the approval of the governing authority of Cook County.

Page 3405

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1969 session of the General Assembly of Georgia, a bill to amend an act, as said act is presently amended, changing the mode of compensation for the clerk of the superior court, the ordinary, and the tax commissioner, of Cook County, Georgia, from the fee system to the salary system so as to increase the salary of the clerk of the superior court, the ordinary, and the tax commissioner, of said county, and to change the mode of compensation for employees of said officers and to provide a method of setting the salaries for said offices and the employees of said offices; and for other purposes. This the 15th day of January, 1969. Representative Delegation for the 63rd District of the State of Georgia. State of Georgia. County of Cook. Personally appeared before me the undersigned attesting officer, this date came G. C. Patten, who, after first being duly sworn does state and depose under oath that The Adel News is the official publication of Cook County, Georgia, and that he is the publisher of said newspaper; and that the foregoing is a true and correct copy of the advertisement as printed in The Adel News on January 15, 22, and 29th, 1969. This the 5th day of February, 1969. /s/ G. C. Patten

Page 3406

Sworn to and subscribed before me, this the 5th day of February, 1969. /s/ Jack W. Carter Notary Public, State of Georgia at Large. My commission expires May 15, 1971. (Seal). Approved April 24, 1969. POWERS OF TAX COMMISSIONERS IN CERTAIN COUNTIES (11,750-12,000). No. 458 (House Bill No. 422). An Act to vest in the tax commissioners of certain counties all the powers and duties of sheriffs in their respective counties, relative only to the collection of all tax fi. fas. issued by such tax commissioners, to make levy of such fi. fas., advertisement of the sale of property so levied, sell and execute bills of sale and conveyances of such property; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. All tax commissioners of the State of Georgia, in all of the counties thereof having a population of not less than 11,750 and not more than 12,000, according to the United States Decennial Census of 1960 or any future such census, shall be ex-officio sheriffs of their respective counties only insofar as to authorize such tax commissioners in their respective counties to levy and collect all of the tax fi. fas. issued by said tax commissioners, by levy and sale under said tax fi. fas.; and that said tax commissioners be vested with full power and authority to levy any and all tax fi. fas. issued by them, whether prior to the passage of this Act or subsequently thereof, as fully and effectively as if done by the sheriffs of said counties; and shall have powers of sheriffs to bring all property subject to said tax

Page 3407

fi. fas. to sale and to sell the same as fully and effectively as if done by the sheriffs of said counties; and shall have full power and authority not only to seize and levy upon all property subject to said tax fi. fas., but shall have all the powers now vested in sheriffs for the advertisement of the same for sale, for the sale of the same, and for the making and delivery of all due and proper conveyances and bills of sale; and all the acts of said tax commissioners as ex-officio sheriffs shall be as valid and binding as if done by the sheriffs of said counties. Section 2. Said tax commissioners and ex-officia sheriffs shall have no power or authority with respect to any fi. fas., except such as may be issued by said tax commissioners, or their predecessors in office, for the enforcement of the collection of taxes; but as regarding the collection of taxes, the said tax commissioners shall have power to do and perform all acts and things as fully and effectively as if done by the sheriffs of said counties; but that all acts done and performed by the tax commissioners of said counties by virtue of this Act shall be done in conformity with the law now in force governing the performance of the same by the sheriffs of said counties; and all advertisements of the property to be sold by said tax commissioners which are required by law to be published in a newspaper shall be made in the newspaper in which the sheriff's advertisements for said counties are published. Exceptions. Section 3. The tax commissioners, in carrying out the provisions of this Act, shall have power and authority to appoint one or more deputies which shall have all the powers of said tax commissioners as ex-officio sheriff only in the levy and collection of taxes; the advertisements, actual sales and conveyances and bills of sale, however, are to be made only by the said tax commissioners; the said deputies are required to give such bond as may be required by said tax commissioners; and said deputy or deputies shall have no power or authority except with respect to the levy of said tax fi. fas. and the collection of taxes, and shall hold the office of deputy at the will of the tax commissioner.

Page 3408

The tax commissioners shall be responsible for the acts of the deputy or deputies as sheriffs are now liable for the acts of their deputies. Deputies. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1969. COOK COUNTYCOMPENSATION OF BOARD OF COUNTY COMMISSIONERS. No. 459 (House Bill No. 423). An Act to amend an Act creating a board of commissioners for Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, so as to change the compensation of the chairman and other members of said board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners for Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, is hereby amended by striking from section 17 the words and figures, one hundred and seventyfive dollars ($175.00) and one hundred fifty dollars ($150.00), and inserting in lieu thereof the words and figures, three hundred dollars ($300.00) and two hundred fifty dollars ($250.00), respectively, so that when so amended section 17 shall read as follows: Section 17. The chairman of the board of commissioners shall receive three hundred dollars ($300.00) per month and the other members of the board of commissioners shall each receive two hundred fifty dollars ($250.00) per month. No expenses shall be paid to the commissioners except for actual expenses incurred by them in carrying on county business while outside Cook County. The last item shall be

Page 3409

paid only when authorized by the whole board and submitted as an itemized statement to the clerk of said board. The above-authorized compensation and expenses shall be paid from the funds of the county each month. Salaries. Section 2. This act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1969 session of the General Assembly of Georgia, a bill to amend an act, as said act is presently amended, which provides for the compensation and mode of compensation for the commissioners of roads and revenues of Cook County, Georgia, so as to increase the salaries of the commissioners of roads and revenues of said county; and for other purposes. This the 15th day of January, 1969. Representative Delegation for the 63rd District of the State of Georgia State of Georgia. County of Cook. Personally appeared before me the undersigned attesting officer, this date came G. C. Patten, who, after first being duly sworn does state and depose under oath that The Adel News is the official publication of Cook County, Georgia, and that he is the publisher of said newspaper; and that

Page 3410

the foregoing is a true and correct copy of the advertisement as printed in The Adel News on January 15, 22, and 29th, 1969. This the 5th day of February, 1969. /s/ G. C. Patten Sworn to and subscribed before me, this the 5th day of February, 1969. /s/ Jack W. Carter Notary Public, State of Georgia at Large. My commission expires May 15, 1971. (Seal). Approved April 24, 1969. CITY OF CLARKESVILLECOMPENSATION OF MAYOR AND COUNCIL. No. 464 (House Bill No. 200). An Act to amend an Act providing a new charter for the City of Clarkesville, approved February 13, 1956 (Ga. L. 1956, p. 2298), so as to authorize the mayor and council of the City of Clarkesville to determine and fix their own compensation by ordinance, and to provide for a method of reimbursement of expenses which have been incurred in performing official duties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a new charter for the City of Clarkesville, approved February 13, 1956 (Ga. L. 1956, p. 2298), is hereby amended by adding between sections 19 and 20, a new section to be designated as section 19A, and which shall read as follows:

Page 3411

Section 19A. The mayor and council are hereby granted the authority to determine and fix their own compensation, which, when so determined and fixed, shall be paid in equal monthly installments from funds of the City of Clarkesville. The mayor and council may also provide for reimbursement of their expenses which are connected with official duties. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to amend the charter of the City of Clarkesville, Georgia, so as to provide a method of compensating the mayor and members of the city council and to reimburse them for expenses connected with their official duties; to repeal conflicting laws and for other purposes. This 23 day of December, 1968. Jack N. Gunter Representative, 6th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack N. Gunter who, on oath, deposes and says that he is Representative from the 6th District, and that the attached copy of notice of intention to introduce local legislation was published in the Tri-County Advertiser which is the official organ of Habersham

Page 3412

County, on the following dates: December 26, 1968 and January 2, 9, 1969. /s/ Jack N. Gunter Representative, 6th District Sworn to and subscribed before me, this 22nd day of January, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 25, 1969. TURNER COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 465 (House Bill No. 206). An Act to amend an Act creating a board of commissioners of Turner County, approved August 18, 1927 (Ga. L. 1927, p. 702), as amended, particularly by an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec., p. 2380), so as to change the compensation of the chairman and other members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of Turner County, approved August 18, 1927 (Ga. L. 1927, p. 702), as amended, particularly by an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec., p. 2380), is hereby amended by striking from section 6 the following: Be it further enacted by the authority aforesaid, that the salary of each member of the said board of commissioners created by said Act shall be, and the same is hereby,

Page 3413

fixed at sixty dollars ($60.00) per month for each calendar month served, the same and substituting in lieu thereof the following: Each member of the board, other than the chairman, shall receive for his services on the board the sum of $100.00 per month. The chairman shall receive the sum of $150.00 per month. Said salaries, so that when so amended section 6 shall read as follows: Section 6. Each member of the board, other than the chairman, shall receive for his services on the board the sum of $100.00 per month. The chairman shall receive the sum of $150.00 per month. Said salaries to be due and payable on the first day of each calendar month for the month served immediately preceding, the same to be full compensation for all services rendered during said month by each of the respective members of said board; except, that each member of said board may also be reimbursed out of the county funds for all necessary out-of-county traveling expenses incurred by said member in connection with his duties, said reimbursement to be subject to the approval of the full board; and, provided, that it shall be paid only after said account, together with the approval of the full board, is spread upon the minutes of said board. Salaries. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to amend section 6 of the Turner Commissioners; amending Act, found on page 2381, Ga. L., Nov.-Dec. Sess.

Page 3414

1963, so as to change the compensation of the chairman and members of said board of commissioners; to provide an effective date; and for other purposes. This 14th day of December, 1968. Martin Young Senator, 13th Senatorial District A. B. C. Dorminy, Jr. State Representative Post No. 1 House District 48 Ted Hudson State Representative Post No. 2 House District 48 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Ted Hudson, who on oath, deposes and says that he is Representative from Post 2, House District 48, and that the attached copy of notice of intention to introduce local legislation was published in the Wiregrass Farmer Stockman, which is the official organ of Turner County, on the following dates: December 19, 26, 1968, and January 2, 1969. /s/ Ted Hudson State Representative, Post No. 2, House District 48 Sworn to and subscribed before me, this 22nd day of January, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 25, 1969.

Page 3415

JEFF DAVIS COUNTYSHERIFF'S SALARY, ETC. No. 466 (House Bill No. 207). An Act to amend an Act placing the sheriff of Jeff Davis County on an annual salary, approved February 18, 1966 (Ga. L. 1966, p. 2046), so as to change the compensation of the sheriff; to change the compensation of the chief deputy; to change the compensation of the office clerk; to authorize the furnishing of uniforms to the sheriff's office; to authorize the governing authority of Jeff Davis County to provide an additional deputy and one automobile for the sheriff's office in their discretion; 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 placing the sheriff of Jeff Davis County on an annual salary, approved February 18, 1966 (Ga. L. 1966, p. 2046), is hereby amended by striking from section 2 the symbol and figures $8,000.00 and substituting in lieu thereof the symbol and figures $10,500.00, so that when so amended section 2 shall read as follows: Section 2. The sheriff of Jeff Davis County shall receive an annual salary of $10,500.00 payable in equal monthly installments from the funds of Jeff Davis County. Sheriff's salary. Section 2. Said Act is further amended by striking in its entirety section 4 and substituting in lieu thereof a new section 4 to read as follows: Section 4. The sheriff of Jeff Davis County shall have the power and authority to appoint a chief deputy sheriff and to fix his compensation at not less than $498.00 per month. In addition, the sheriff is authorized to employ an office clerk who shall be compensated in the amount of $75.00 per week. Such personnel's compensation shall be paid from the funds of Jeff Davis County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the persons who shall

Page 3416

be employed, as provided above, and to prescribe their duties and assignments and to remove or replace such personnel at will and within the sole discretion of the sheriff. Chief deputy etc. Section 3. Said Act is further amended by inserting in the second sentence of section 6 between the words utilities and and the following: ,uniforms, so that when so amended section 6 shall read as follows: Section 6. Jeff Davis County shall furnish two automobiles for the use of the sheriff and his deputies, which automobiles shall be the property of Jeff Davis County. Such automobiles shall be used for official business and the gas, oil and upkeep of said automobiles shall be paid from the funds of Jeff Davis County. All supplies, materials, furnishings, furniture, utilities, uniforms and equipment, except as hereinbefore provided, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The governing authority of Jeff Davis County shall be responsible for feeding the prisoners confined in the county jail. Uniforms. Section 4. Said Act is further amended by inserting between sections 6 and 7 a new section 6A and to read as follows: Section 6A. The governing authority of Jeff Davis County is authorized to provide an additional deputy and one additional automobile for the use of the sheriff's office if, in the discretion of the governing authority, such additional deputy and automobile are required. Such additional deputy shall receive such compensation as shall be fixed by the governing authority of Jeff Davis County. Automobile. Section 5. The provisions of this Act shall become effective on the first day of the month following its approval by the Governor or it otherwise becomes law. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3417

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to change the compensation of the sheriff of Jeff Davis County; to authorize the employment of additional personnel within the sheriff's office; to change the compensation of the existing personnel; to provide for the furnishing of additional equipment required by the sheriff; and for other purposes. This 31st day of December 1968. James L. Conner Representative 56th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James L. Conner who, on oath, deposes and says that he is Representative from the 56th District, and that the attached copy of notice of intention to introduce local legislation was published in the Jeff Davis County Ledger which is the official organ of Jeff Davis County, on the following dates: December 31, 1968 and January 7, 16, 1969. /s/ James L. Conner Representative, 56th District Sworn to and subscribed before me, this 22nd day of January, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 25, 1969.

Page 3418

JEFF DAVIS COUNTYCLERK OF SUPERIOR COURT AND TAX COMMISSIONER PLACED ON SALARY BASIS. No. 467 (House Bill No. 210). An Act to abolish the present mode of compensating the the clerk of the superior court and the tax commissioner of Jeff Davis County, known as the fee system; to provide in lieu thereof annual salaries for such officers; to provide that all fees, costs or other emoluments of each of said officers shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said offices; to provide for the employment of deputies, clerks, assistants and all required personnel by such officers; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the clerk of the superior court and the tax commissioner of Jeff Davis County, known as the fee system, is hereby abolished, and in lieu thereof, annual salaries for such officers are prescribed as hereinafter provided. Salary basis. Section 2. The clerk of the superior court shall receive an annual salary of $9,000, payable in equal monthly installments from the funds of Jeff Davis County. Clerk of superior court. Section 3. The tax commissioner shall receive an annual salary of $9,000, payable in equal monthly installments from the funds of Jeff Davis County. Tax commissioner. Section 4. After the effective date of this Act, said officers shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed as compensation for services in

Page 3419

any capacity in their respective offices, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, each of said officers shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 5. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, and an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. Intent. Section 6. The clerk is authorized to employ such personnel to assist him in discharging the official duties of his office as he shall deem proper. Such personnel's compensation shall be paid from county funds. However, the total compensation to be paid by the county for all such personnel shall not exceed $75.00 per week. It shall be within the sole power and authority of the clerk, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Clerks personnel.

Page 3420

Section 7. The tax commissioner is authorized to employ such personnel to assist him in discharging the official duties of his office as he shall deem proper. Such personnel's compensation shall be paid from county funds. However, the total compensation to be paid by the county for all such personnel shall not exceed $75.00 per week. It shall be within the sole power and authority of the tax commissioner, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Tax commissioner personnel. Section 8. During the period of the year in which the workload within the tax Commissioner's office shall become particularly heavy, the governing authority of Jeff Davis County may authorize the tax commissioner to employ such additional clerical personnel as the governing authority may authorize and such personnel shall receive such compensation for their services as the governing authority shall fix. Same. Section 9. The necessary operating expenses of each of said offices, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of each office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements for each office shall be at the sole discretion of the governing authority of Jeff Davis County. Office expense. Section 10. The official bonds of each of said officers, and the respective deputies, clerks, assistants and other personnel, as may be required by law, shall be procured by each elected officer, and the premiums and costs thereof shall be paid out of any county funds available for that purpose. Bonds.

Page 3421

Section 11. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1969 session of the General Assembly of Georgia a bill to place the clerk of the superior court and tax collector of Jeff Davis County on a salary basis in lieu of a fee basis; to provide the precedure connecting therewith; and for other purposes. This 31st day of December 1968. James L. Conner Representative, 56th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James L. Conner who, on oath, deposes and says that he is Representative from the 56th District, and that the attached copy of notice of intention to introduce local legislation was published in the Jeff Davis County Ledger which is the official organ of Jeff Davis County, on the following dates: January 2, 9, 16, 1969. /s/ James L. Conner Representative, 56th District

Page 3422

Sworn to and subscribed before me, this 22rd day of January, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 25, 1969. TOWN OF WALNUT GROVENEW CHARTER. No. 468 (House Bill No. 222). An Act to amend, consolidate, create, revise and supersede the several Acts incorporating the Town of Walnut Grove in the County of Walton, and State of Georgia, and all amendments in respect thereto; to create a new charter of said corporation; to provide a municipal government therefor; to define the territorial limits of said town; to provide for a mayor and council and to define their powers and duties; to provide the punishment of violators of the ordinances, rules and regulations of said municipality; to define the special powers and duties of the mayor; to provide for elections of mayor and council members and define their qualifications, terms of office, their meetings and methods of appointing and electing officers and employees of said town, the method and manner of filling vacancies; to provide for election managers, their oaths and duties, their compensation; to provide for registration of voters and preparation of lists of voters; to define method of holding elections, for declaring the results thereof; to provide the selection of a mayor pro tem., to define his qualifications, duty and term of office; to provide for registrars, to define their duties, compensation and term of office; to provide for appeals from decisions of registrars, recorder's court, town council, arbitrators and other appeals; to provide for the appointment or election of a clerk, marshal, chief of police, treasurer,

Page 3423

health officer, town attorney, recorder, and other officers and employees, to define their duties and powers; to provide for salary and compensation of officers and employees of Walnut Grove, to provide for the reading and consideration of orders, ordinances, rules and regulations how they may be adopted, be approved, be vetoed, and how the same may become valid; to grant and provide for eminent domain and define how and when exercised; to provide for bonds of offenders; to provide for return of property for tax purposes, to establish values, to appoint appraisers, to define their duties and qualifications, to provide for arbitration of property values for tax purposes; to provide for raising revenue by taxes, licenses and otherwise; to provide for the collection of the same by execution and otherwise; to provide for street and lane paving, to assess costs thereof and the collection of the same; to provide for the issuance of bonds, revenue certificates and similar forms of indebtedness, their sale and lien; to provide for sewer and water connection, the installation of sanitary equipment and fixtures, to provide penalties for refusal or noncompliance; to provide for extension of water and sewer mains and system; to provide for dog tax and treatment, prescribing the penalties therein; to provide for general police protection and sanitary and health measures and requirements; to provide for a street tax; to provide for zoning regulations and ordinances; to provide for a jail, guard house and other places of detention; to appoint a recorder and to define his duty and term of office; to provide for and define a recorder's court, to specify its jurisdiction and powers and appeal therefrom; to provide for fire zone or fire limits; to provide for subdivisions of land; to provide for assistance for arresting officers; to provide for building permits; to provide for traffic regulations as well as speed, parking and travel; to provide for franchises; to provide for sales by officers and passage of title and possession; to define and provide punishment for vagrance; to provide for a cemetery; to provide for abatement of nuisances, the use of firearms and fireworks; to provide fees and costs of officers and collection thereof; to provide for ownership, rental, use, distribution

Page 3424

of public service and utilities; to provide when and how claims or demands are filed; to provide for supervision of Sabbath Day activities; to provide for supervision of sale, storage and dispensing of malt or alcoholic drinks or beverages; to provide for punishment for violation of any orders, ordinances, rules, regulations of Walnut Grove; to provide for severance of enactment of charter, to define, prescribe, and enumerate the rights, powers, authority and governmental jurisdiction of the Town of Walnut Grove, its mayor, council and other officers and employees as well as to provide powers, rights and authority to enforce and carry out the rights and privileges granted; to repeal conflicting laws and ordinances; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, that from and after the passage of this Act, the inhabitants of the territory now embraced in the corporate limits of the Town of Walnut Grove, Walton County, Georgia, hereinafter described, be, and they are hereby continued incorporated under the name and style of the Town of Walnut Grove and by that name shall be and are hereby invested with all the rights, powers, and privileges incident to municipal corporations in this State, and all the rights, powers, titles, property, easements and hereditaments now belonging or in any way appertaining to the said Town of Walnut Grove as heretofore incorporated, with power to govern themselves by such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said town as may be promulgated under the terms and provisions of this charter not in conflict with the Constitution or laws of this State or of the United States. That said Town of Walnut Grove, as a municipality, shall have perpetual succession and is vested with the rights to contract, and be contracted with, to plead and be impleaded, to buy, own, enjoy and sell property of all kinds, to have and use a common seal and do all other things and acts as may be necessary or needful to promote the municipal corporate purposes of said town, and to exercise such rights, powers, functions, privileges

Page 3425

and immunities as ordinarily belonging to municipal corporations generally under the law as well as those hereinafter enumerated. Incorporated. (a) Be it further enacted that said Town of Walnut Grove as created by this Act is hereby made responsible as a corporate body for all the legal debts, liability and undertakings, and shall succeed to all the rights of said Town of Walnut Grove as heretofore incorporated, and all existing valid ordinances, rules, bylaws, resolutions, rules and regulations of the city as hereinbefore incorporated which are not inconsistent with or repugnant to this Act remain unaffected hereby and are hereby continued and confirmed, however, the town council may repeal, alter or amend any of such ordinances, rules, resolutions or regulations as provided for herein. Successor to present town. (b) That said corporate body under the name and style of Town of Walnut Grove shall have all the rights, powers and privileges to purchase, acquire by gift, lease or otherwise, to receive, hold, possess, enjoy and retain in perpetuity or for any term of years or dispose of in any manner known by law, any interest in any real or personal property of whatsoever kind or nature or description within or without the limits of the Town of Walnut Grove for corporate purposes. The said town, through its mayor and council as hereinafter provided for, shall have special power to make and enter into contracts and agreements, as it may deem necessary for the welfare of the town or its citizens and specially to make contracts with public or private electric light or power plants, water works plants or gas plants or any other public convenience or necessary company for their products, service and convenience; to assess values of property, to levy and collect taxes, licenses, or other assessments thereon, and to remove nuisances and to have full power, control and supervision over all the streets, lanes, highways, sidewalks and alleys of said town. Powers. Section 2. Be it further enacted by the authority aforesaid that the corporate limits of the Town of Walnut Grove are defined to be:

Page 3426

That the corporate limits of the Town of Walnut Grove shall encompass all the property and inhabitants of the territory embraced within the limits of a radius of a half mile in every direction from the center point of the intersection of Highways 81 and 138, as such intersection is located within the present corporate limits of the Town of Walnut Grove. Corporate limits, Section 3. There is hereby established in said municipality a recorder's court, having jurisdiction to try offenses punishable by ordinances of the mayor and council. In addition said court shall sit as a committing court, having such power and authority with respect to crimes punishable under statutes of this State as are now vested in justices of peace. The mayor and council shall select the first incumbent who shall serve until his successor be elected by the people, as hereinafter provided, or until his successor is elected and qualified. A successor to said incumbent shall be elected by the people, in the manner and at the same time herein provided for the mayor, on the first Monday in January, 1970, and his term of office is fixed at two years. He shall take office along with the mayor, and at the same time. Recorder's court. Section 4. (a) Be it further enacted by the authority aforesaid that the government, supervision, powers, and control of said Town of Walnut Grove shall be vested in a mayor and four council members to be known as Town Council. That the mayor and council members shall be elected from the town at large in the manner hereinafter provided. The term of the mayor shall be for two years and the term of each council member shall be as follows: Town council. At the first election after the granting of this charter two council members shall be elected for a term of one year and two council members for a term of two years; thereafter, the term of each council member shall be for a term of two years. (b) Be it further enacted by the authority aforesaid that the mayor and council members shall constitute the town council of said town and as such shall have full power

Page 3427

and authority from time to time to make laws, rules, bylaws, ordinances, regulations and orders as to them may seem right and proper relating to drainage, ditches, bridges, streets, street railways, automobiles, bicycles, trucks, delivery wagons, sales stables, warehouses, storehouses, markets, slaughter houses, sleeping apartments, restaurants, cafes, opera houses, picture shows, and all other kinds of shows and circuses, dance halls, skating rinks, bowling alleys, billiard rooms and all other places of amusement, garages, shops, mills, ginneries, factories, barber shops, soda founts, beer saloons, telegraph and telephone companies, gas companies, water and light and electrical companies, booths, stands, tents, stores, business houses, filling stations, common carriers, all sales and displays in said town, for the preserving of the peace, good order and dignity of said government. The enumeration of powers shall not be considered restricted to said powers alone, but shall include all and every other thing incident to municipal government by this Act or Acts heretofore passed, but shall be construed an addition to and in aid of such other powers that are not referred to in this Act. (c) That said town council shall have the authority and power to negotiate for loans, to borrow money on behalf of the Town of Walnut Grove, to pledge the property and assets of said town as security, and to execute such and all instruments they deem necessary for any loan made to said town. (d) That the mayor and two council members shall constitute a quorum for the transaction of any business before the town council at its regular meeting, and the mayor and two council members shall constitute a quorum for the transaction of any business at a called meeting, and that a majority of the votes of those present shall determine all questions coming before council. (e) That said council shall hold regular meetings at least once a month at stated times and places in said town. (f) That said town council may hold such special meetings to be called by the mayor, or in his absence by the

Page 3428

mayor pro tem., or if two or more council members request the mayor in writing that such a special meeting be called, it shall be mandatory upon the mayor, or mayor pro tem. in the absence of the mayor, to comply with such request. Notice of all special meetings of town council shall be given each council member when said officer is in said town and can be located. (g) That at any meeting any council member shall have the right to call for an aye and nay vote upon any question requiring action by council and such aye and nay vote will be taken if two council members vote for same and the vote will be shown on the minutes of town council. (h) That all meetings of town council shall be public and the public shall be allowed at all times to witness and hear the deliberations of town council, except when town council resolves itself by a majority vote into executive session then the public shall be excluded. Section 5. Be it further enacted by the authority aforesaid that general elections of said town shall be held biannually on the first Monday in January, the next general election shall be held in 1970, and at such general election town officials as are elected by the voters of said town at such elections will be elected to fill the vacancies in terms of office which expire on January 31biannually of the year of the general election. Elections. Section 6. Be it further enacted by the authority aforesaid that the town council shall have the power and authority to call a special election for the purpose of filling any vacancy caused for any reason in any office for which the holder thereof is elected by the voters of said town. Said special election should be held as soon as practicable, and not less than thirty days from the date of the vacancy, notice of the time of the special election shall be published once in a local newspaper, and said special election to be held under the same rules and regulations as general elections. Vacancies.

Page 3429

Section 7. (a) Be it further enacted by the authority aforesaid that all elections general and special or upon any question to be submitted to the voters of said town shall be held by at least three persons, citizens and electors of the Town of Walnut Grove, who are qualified to hold and superintend town elections, the said election shall be held at the town hall and at such other polling places as may be designated by town council, the polls shall open at seven o'clock a.m. and close at seven o'clock p.m. Eastern Standard Time, and no count of votes shall begin until after the polls are closed. The election holders or managers shall be appointed by town council and shall take the following oath: Election superintendents, etc. We and each of us do solemnly swear that we will faithfully and impartially conduct this election, prevent all illegal voting, tally and declare the results of said election to the best of our skill, power and ability, so help us God. (b) The election holders or managers shall elect one of their number as chairman, and upon all questions coming before them a majority vote will determine the issue. (c) The said election managers shall determine who are voters from the voters' list prepared by the registrars of the Town of Walnut Grove and shall keep an accurate record and tally of all votes cast in any election. After all votes are counted the election managers shall declare and publish the number of votes received by each person at said election and declare the results of said election. Appeal may be made from any official act of said election managers or to any election contest to town council and if appellant is dissatisfied with the decision of town council, he shall have the right to certiorari to the Walton Superior Court. (d) All tally sheets, the voters' lists and other records together with the ballots shall be given the clerk of said town for council to dispose of as Town Council deem proper. (e) That all ballots shall be printed or written, and all protection to be afforded the elector so that he may cast a secret ballot.

Page 3430

(f) The candidate who receives the greatest number of votes shall be declared elected and it shall be the duty of said election managers to deliver a certificate of election to each candidate so elected. (g) That town council shall have the power and authority to adopt and pass any rules and regulations for the holding of town elections not inconsistent with this charter, the laws of Georgia or of the United States. The details may be delegated to the election managers. Section 8. Be it further enacted by the authority aforesaid that the power and authority to supervise, regulate, control, conduct and generally to oversee all elections are hereby granted the town council. They may, by ordinance or otherwise regulate and provide means and methods for said elections to be held. They may designate when, how, and under what conditions candidates for any town office may qualify, when the qualification will open and close and the fee connected therewith. Any person dissatisfied with the final decision of town council with reference to any election may certiorari to Walton Superior Court. Elections. Section 9. Be it further enacted by the authority aforesaid that the Town of Walnut Grove shall provide and keep a book to be called the permanent registration book upon which all persons desiring to qualify as electors in and for said Town of Walnut Grove shall be required to qualify by registering therein, providing however, that should the said town now have such a book, that the same shall continue in force, and in the event a citizen has registered, it will not be necessary for the citizen to register again in order to become an elector and participate in the elections of the Town of Walnut Grove unless such elector has been removed from the voters' list. It shall not be required of any citizen to register but once in said registration book except as provided above, and the list of voters for all elections shall be prepared from said permanent registration book which list shall have thereon all the eligible electors for the Town of Walnut Grove. Voter registration.

Page 3431

(a) That the town council shall appoint three citizens of Walnut Grove as registrars whose term of office shall end December 31 of each year and until their successors are appointed and qualified. Their duties shall be to prepare a list of all citizens who are eligible to vote in any election held by said town. The registrars shall elect a chairman from the board of registrars and shall revise and prepare a list of qualified voters before any election held in said town. (b) The registration of citizens as herein provided shall be made at least ten days before any election and to be eligible to be an elector, the citizen must be registered in the registration book as provided for herein at least ten days prior to any election to be held by said town. (c) The registrars shall upon the close of registration as stated above immediately begin upon their duties and prepare said voters' list or list of qualified electors. They shall remove from said list the names of any person or persons who: 1. Have died. 2. Have moved without the town limits. 3. Are otherwise disqualified to vote. (d) That when a name is removed from the list of voters or electors, and the person shall be in life, notice should be given to the person whose name was removed stating the reason therefor, and giving the time and place where said registrars will hear any objections of such removals of names. Said hearing to be held not less than three days from date of service of notice and service may be made by personal service if the person lives within the limits of Walnut Grove, and by mail if the person resides without the town limits or cannot be found if living within said limits. If any person is dissatisfied with the decision of said registrars at said hearing, he may appeal to town council, then if he is dissatisfied with the decision of town council he may certiorari to the Superior Court of Walton County, Georgia.

Page 3432

(e) The said registrars shall file the completed list of voters or electors in duplicate with the clerk of said town at least four days before any election and the said clerk shall deliver the original of said list to the election manager before or the day of election. (f) That said registrars shall take the general oath required of the mayor before performing any of their duties. (g) That town council shall have authority and power to make all necessary ordinances, rules and regulations regarding registration of voters, preparing voters' lists, holding elections, publishing returns, issuing certificates of election and all other matters pertaining to the same. Section 10. (a) Be it further enacted that the mayor of said town shall be the chief executive officer of the Town of Walnut Grove. He shall see that all laws, ordinances, resolutions and rules of said town are faithfully and fully executed and enforced, and that all officers of said town faithfully discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said town. He shall preside, if present, at all meetings of the town council, and shall vote only in case of a tie vote of Council, and as specified hereinafter. He shall have the right to veto any ordinance, resolution, rule or regulation passed or adopted by Council, if in his judgment such ordinance, rule, resolution, or regulation is not to the best interest of said town. In the event of a veto, then such ordinance, resolution, or regulation shall not be valid unless passed at a subsequent meeting of town council by the affirmative concurring vote of two-thirds of the council members present. The ayes and nays to be taken. In the event the mayor does not approve or veto any ordinance, resolution, rule or regulation within five days after its passage and adoption by town council then the ordinance, resolution, rule or regulation becomes in full force and effect in the same manner as if the same was approved by the mayor. Mayor. (b) Be it further enacted that the mayor and each member of council before entering upon the duties of his office shall take and subscribe to the following general oath:

Page 3433

I do solemnly swear (or affirm) that I will well and truly perform the duties of Mayor or Council member of the Town of Walnut Grove to the best of my skill and ability and as to me shall be to the best interest and welfare of said town, without fear, favor, or affection, so help me God. Oaths. The foregoing oath shall be deemed sufficient and adequate for any town official. (c) That the mayor of said town shall preside over all meetings of town council, and he shall have authority to convene the council in extra or special session whenever he deems it proper to do so. The mayor shall not have the right to vote upon any question before said town council, except in the election of officers and employees of the town or in cases of a tie vote of council. Section 11. Be it further enacted that the town council at their first regular meeting in each calendar year, or as soon as convenient thereafter, shall elect a Council member as mayor pro tem., whose duties shall be to perform all the duties of mayor in case of death, absence, resignation, disqualification or disability of the regularly elected and qualified mayor as provided for herein. That in case of vacancy in the office of the mayor, the mayor pro tem. shall perform all the duties pertaining to the office of mayor until the next regular election, at which time a mayor shall be elected for the unexpired term, if any. The mayor pro tem. when so acting shall be known as Acting Mayor. Mayor pro tem. Section 12. Be it further enacted by the authority aforesaid that any citizen of Walnut Grove shall be eligible for the office of mayor, or council member who has resided in said State for one year and in said town six months immediately preceding the election. He or she must be over twenty-one years of age and must reside within the corporate limits of said town when he becomes a candidate for office, and remain a citizen during his term of office. Qualifications for office. Section 13. (a) Be it further enacted by the authority aforesaid that all ordinances, orders and resolutions shall

Page 3434

be read aloud at the sessions of town council and after a vote on said ordinance, order, or resolution and if passed, the same shall become effective as soon as approved by the mayor or should the mayor veto the ordinance, order or resolution, then the same will have to be further considered as provided for herein. Should the mayor allow more than five days to lapse after the passage of an ordinance, order or resolution without taking any action thereon then the same becomes operative as if approved by the mayor. Ordinances. (b) All ordinances, orders, resolutions and regulations when the same shall have become effective shall be kept in appropriate books and records by the clerk of said town open for reasonable inspection during office hours. (c) That the town council shall have the authority to have prepared and published in a book form or pamphlet form a code of laws, bylaws, ordinances, rules and regulations of said town to be known as Code of the Town of Walnut Grove, the same to become effective and of force as soon as adopted and approved the same as provided for ordinances herein, which code may be amended and revised from time to time by the town council the same as ordinances and any section or part thereof under a certificate of the clerk of said town verifying the same to be the Code of the Town of Walnut Grove, or any section or part thereof shall be admitted to record in any court of this State. Section 14. (a) Be it further enacted by the authority aforesaid that the Town of Walnut Grove is hereby granted the power and privilege of eminent domain, and the town council is authorized and empowered to condemn lands within or without its corporate limits for any municipal uses or purposes which includes the erection of public buildings for said town, for public parks, play grounds, water supply, sewers, forms for handling and disposing of sewerage, or garbage, or trash, and for any other public purposes and improvements. Eminent domain, streets, etc. (b) The said town is authorized and empowered to take and condemn personal property in the same manner as above when needed for public purposes of the town.

Page 3435

(c) Be it further enacted by the authority aforesaid that the town council shall have the power and authority to widen, extend, improve or straighten any street, alley, lane or square in said town and to open, lay out, and establish any new street, alley, lane, walk or square, any building or bridge, or whatsoever nature. The power and authority of eminent domain is granted to said town for these purposes and should eminent domain be exercised by the laws of Georgia in force at the time eminent domain is exercised by the town shall govern the procedure. Section 15. (a) Be it further enacted by the authority aforesaid that there shall be a clerk of council, elected by the town council, to keep accurate minutes of each meeting, to record in the minutes all acts and doings of council, except when they may be in executive session, to keep and record all ordinances, laws and resolutions passed or enacted by the town council in appropriate books. He or she shall be ex officio clerk of the recorder's court of said town and keep records of said court. He shall issue all licenses, permits and receipts in the name of said town, to collect therefor and account for all funds so collected. He or she shall issue summons and writs when directed by the mayor, any council member, town marshal, town police or town attorney, and to perform such other duties as he may be directed to do by the mayor or town council whether by rule, resolution or otherwise. Clerk. (b) There shall be a treasurer for the Town of Walnut Grove, the clerk of council may also be treasurer, whose duty it shall be to receive and safely keep all moneys belonging to said town. He or she shall keep accurate records of all his official transactions, and keep separate accounts of all moneys received from taxes and licenses levied for specific purposes. He or she shall pay out money only when he or she is officially requested so to do. Said treasurer shall be and is hereby made tax receiver and tax collector for said Town of Walnut Grove and he shall perform all the duties of tax receiver and collector, including the issuance of tax fi. fas. and executions. He shall make general and specific reports when called upon by the town council and his books

Page 3436

shall be kept open for reasonable inspection during office hours. Treasurer. (c) There shall be a town marshal for the Town of Walnut Grove, elected by the town council, and he shall make levies for taxes and other executions issued by said town, he may serve warrants, processes, and other writs, make arrests, advertise sales, make sales, impound stock, execute deeds, bills of sale and other instruments, he shall have charge of the prisoners whether confined in jail or sentenced or assigned to the public works gang and in fact perform all and every duty of this office and any other office or duty imposed upon him by town council. Marshal. (d) That the town council is further authorized and empowered to elect a chief of police, policemen, health officer, building inspector, chief of fire department, town physician, town attorney, town engineer, water works superintendent, cemetery keeper, and such other officers and employees as said town council may deem necessary from the Town of Walnut Grove. Other officers, etc. (e) Be it further enacted, that the town council may create or abolish, at their discretion, such offices as they may deem necessary and elect officers to fill them, and may prescribe the duties and pay of such officers under such regulations as they may ordain, and such offices may be abolished or the officers be removed therefrom whenever the town council may deem such to the best interest of the town. Each person elected or appointed by the town council takes and accepts the appointment and employment subject to being removed and dismissed at any time by the mayor or town council. Appeal may be made to the town council if the person so dismissed or removed desires, and in the event his appeal is sustained by an affirmative vote of four members of council, he will be restored to his former office or employment without loss of salary; but should his appeal receive less than four affirmative votes of the Council, then his salary will cease effective at the time of his removal or dismissal by the mayor or council and he

Page 3437

has no further recourse from the appeal except by certiorari to the Superior Court in and for Walton County, Georgia. Same. (f) Be it further enacted by the authority aforesaid that town council is authorized and empowered to fix and determine the compensation and salary to be received by each employee, either elective or appointive, of said Town of Walnut Grove, including the mayor and council members. They may determine how, and when this compensation and salary to be paid and in such amounts as they deem proper. The salary and compensation shall be fixed and determined at the first regular meeting of council of each calendar year, or as soon thereafter as convenient, and when once fixed and determined, the same amount will be paid under the same terms until changed by the town council. Salaries. (g) That any official of the Town of Walnut Grove may be indicted and punished for gross neglect of his official duty. He shall also be removed from office by the Town Council for gross neglect of official duty, and shall have the right to certiorari to Walton Superior Court if dissatisfied with the decision of Town Council. Neglect of duty. (h) That the town council may audit or have an audit made of all or any part of the town records and books at such times as they deem necessary. They can adopt the auditor's report and findings as they see fit. Audits. Section 16. (a) Be it further enacted by the authority aforesaid that the town council is hereby granted power and authority to authorize any arresting officer of said town to take and accept bond for the appearance at police court of any person arrested, giving receipt for any cash received as bond. That should a cash bond be posted no further security may be required, but if any other kind of bond is given, except a cash bond, then a citizen of the Town of Walnut Grove owning property of a net unincumbered value in excess of the homestead exemption and double the amount of the bond will be required as security on said bond. The arresting officer will pass upon the security. Arrest bonds, etc.

Page 3438

(b) In the event the principal appears in recorder's court at the time specified in said bond, the cash will be returned to him if a cash bond was given, and if a security bond was given, the surety or person acting as security will be relieved of further liability. (c) Should the principal fail to appear and a cash bond was given, then the cash bond may be forfeited by the presiding officer and the funds will be placed in the general funds for use by the town. Should a bond with some person as security be given, and the principal fail to appear, then the presiding officer may issue a rule nisi issue returnable to the next regular term of recorder's court against the principal and his surety, which shall be served by the town marshal or any policeman upon the prinicipal and surety if either can be found at least five days before the returnable terms. Service may be personal or by leaving a copy thereof at the residence of defendant and/or surety. If at such return term of recorder's court no sufficient cause is shown to the contrary judgment shall be rendered by the presiding officer against such principal and surety or such of them which have been served. Execution or fi. fa. may issue to enforce the collection of the said judgment and when collected the funds are to be placed in the general funds of said town for its use. (d) Should the principal, who is the defendant, fail to appear at the recorder's court as specified in said bond, the presiding officer of such court may issue a warrant for the arrest of said defendant. The warrant may be served by an arresting officer of this State and the defendant may be arrested at any place within the State of Georgia, detained and returned to the Town of Walnut Grove for trial. Section 17. Be it further enacted by the authority aforesaid that town council is authorized and empowered to prescribe by ordinance or otherwise when and how property shall be returned for taxes, the forms to be used, the information to be given, and such other requisites they deem necessary. The town council or the town tax assessors are

Page 3439

authorized and granted the power to make returns for any person, firm or corporation failing to make a tax return and town council may prescribe a penalty for the failure of not making a tax return not to exceed an amount equal to the amount of taxes to be paid by the person, firm or corporation failing to make such return. Taxes. Section 18. Be it further enacted by the authority aforesaid that town council is granted the power and authority to prescribe by ordinance or otherwise and levy a license fee or tax on each person, firm or corporation carrying on a business or profession within the corporate limits of the Town of Walnut Grove, and to require each itinerate or irregular, or occasional dealer, merchant, trader, salesman, collector, or otherwise doing or carrying on a business of any nature within the corporate limits of the Town of Walnut Grove to make application for a license or permit and to pay a tax or license fee to the Town of Walnut Grove. Town council is granted the power and authority to assess such tax or license fees as referred to in this section, also to collect such tax or license fee, and to prescribe penalties for the violation of any ordinance, governing or regulating the same. Nothing in this section regarding the payment of a license fee or tax shall apply to that person, firm or corporation which may be exempt from the payment of the same by the laws of this State or the United States, but town council is granted the power and authority to require such person, firm or corporation which may be exempt from license fee or tax to apply for and receive a permit to carry on their business or profession within the corporate limits of the Town of Walnut Grove. Section 19. Be it further enacted by the authority aforesaid that the said town council shall have the right and power to raise necessary revenue to properly carry on the government of the said town, to build and repair sewers, water lines, procure water supplies, to make, open, grade, pave, repair and keep in order the lanes, streets, sidewalks, bridges and drains of said town, to light the same, to properly police the same, to pay salaries, costs and expenses of town officers and employees, to establish and maintain

Page 3440

a fire department, to erect and maintain and regulate all things needful and appertaining to the protection of life, liberty and property, the suppression of crime, the maintenance of law and order, payment of debts of the town, for educational purposes, for cemetery purposes, for the care of the poor and sick, for establishing and maintaining necessary parks, play grounds, for quarantine purposes, for caring for prisoners and providing means and places for their detention and punishment, and for such other purposes as authorized by this charter that will tend in the discretion of town council to add to the comfort, safety convenience, benefit, health, advantage of said town and the citizens thereof, and for the improvement of said town as may in their best judgment be necessary and for other purposes, in order to properly carry on the town government as herein indicated and not specifically forbidden by law, to levy and collect a street tax or capitation tax on all inhabitants, male or female, of said town, as council may determine, subject under the law to pay such tax. Also to tax not exceeding three ($3.00) dollars on each one hundred ($100.00) dollars worth of property within the corporate limits of said town; also to impose and collect such tax or license fee as the town council may deem necessary and proper upon all trades, business callings, professions, sales, labor and pursuits, except such as are exempt from municipal tax or license under the laws of this State or the United States, and may enforce the payment of the same by license or direct tax in such manner and by such methods as town council may deem to the best interest to said town; but all taxation on property shall be uniform on the same class of subjects and ad valorem on all subjects to be fixed in said town. Powers. Section 20. Be it further enacted that every person, firm, or corporation owning property, real or personal, or otherwise, subject to taxation by the Town of Walnut Grove, shall make a return of such property for taxation to the clerk of said town, he being the clerk of council, or before the first day of April of each year. In the event such return is not made on or before April of each year, then the tax assessors or town council shall make the return, and penalties as may be provided for by the town council shall be added to and

Page 3441

considered as a portion of the taxes on the property so returned. Tax returns. Section 21. The mayor and council members of said Town of Walnut Grove shall have authority and power to provide by ordinance or otherwise when tax returns shall be made, to provide means and methods as well as forms for the returning of property for taxation, and to provide penalties for failure to make returns as required. The town council shall have authority and power to provide when taxes shall become due; when taxes shall become delinquent and past due, and to fix a penalty for the nonpayment of taxes or any part thereof, to offer a discount for payment of taxes within specified periods; also to order and issue tax executions against all persons, firms or corporations who do not pay their taxes when due. When such execution is issued by the Town of Walnut Grove, the same shall be a lien against all the property owned by the taxpayer who is the defendant in fi. fa. and may be levied by the town marshal or any other authorized by the laws of this State to make levy and sale. The town marshal is authorized and empowered to levy upon any property of the delinquent taxpayer and advertise and sell the property so levied upon in the same procedure as sheriffs of this State. Same. Section 22. Be it further enacted by the authority aforesaid that it shall be the duty of town council each year before taxes and tax valuations are assessed and passed upon, to determine whether a board of tax assessors shall be appointed or whether the members of town council will act as tax assessors for the Town of Walnut Grove. This action of town council should be reflected in the minutes of town council meeting. Tax assessors. Section 23. In the event town council decides to appoint a board of tax assessors for the Town of Walnut Grove, it shall make such appointments on or before the regular April meeting of town council, and each person appointed shall hold office for a term of one year, and until his successor is appointed and qualified. Each member of the board of tax assessors for the Town of Walnut Grove shall have

Page 3442

been a citizen of Walnut Grove for not less than one year prior to his appointment, shall be a freeholder and taxpayer of said town, shall not be less than twenty-one years of age at the time of his appointment, shall not be an elective officer of either the town, county, or state during his term of office as tax assessor. Each tax assessor shall prescribe to the following oath before entering upon the discharge of his duties: Same. I do solemnly swear that I will faithfully and impartially perform the duties of tax assessor for the Town of Walnut Grove without favor to anyone, and will make a just and fair valuation of all property therein subject to taxation in accordance with the law and with the ordinances of said town, and that I will make a just and earnest effort to apply the same rules as to value to all taxpayers and to equalize the values placed upon the properties of the several taxpayers, so help me God. Section 24. The board of tax assessors shall consist of three members, they shall be appointed by town council as provided for herein, they may elect one of their members as chairman, and use the services of the clerk of town council if they deem necessary. Any vacancy in said board may be filled by town council for the unexpired term. A majority of the board is a quorum and two affirmative votes are necessary to carry a motion or to take affirmative action. Members. Section 25. It shall be the duty of the board of tax assessors for the Town of Walnut Grove to carefully examine all returns of both real and personal property of each taxpayer in the Town of Walnut Grove, and if in the opinion of the board any taxpayer has omitted from his return any property which should be returned, or has failed to return any of his property according to law, and according to the rules adopted by the board for ascertaining the fair market value thereof for taxing purposes, the said board shall correct such returns and shall assess and fix what they deem to be the fair market value that ought to be placed on said property, and shall make a note thereof and attach the same to such returns. Before

Page 3443

finally fixing the value of any such property it shall be the duty of such member of the board to familiarize himself with the property included in such return, and if necessary in order to familiarize himself with such property within the limits of said town to view the property themselves. It shall be the duty of said board to see that all taxable property within the limits of said town is assessed and returned at its fair market value according to law, and that the valuations placed on said properties as between individual taxpayers are fairly and justly equalized, so that each taxpayer shall be called upon to pay as near as may be, only his proportionate share of the taxes. The said board shall pass upon all returns submitted in said Town of Walnut Grove within ninety (90) days from the time each of said returns has been submitted, and unless this be done, the return as made by the taxpayer shall stand approved as proper return of said taxpayer for that year. Duties of tax assessors. Section 26. It shall be the duty of said tax assessors where any property has not been returned by the owner for taxes as required by the ordinances in force and charter of said town to make out a return for each defaulting owner of all property owned by him at its just and fair valuation, adding thereto such penalty as may be fixed by town council for failure to make returns of property for taxation. The same notice shall be given to the owner of such property, or his agent, and the same rights as to hearings and arbitration accorded each owner as provided in this Act in cases where the board of assessors changes a return submitted by a taxpayer. Same. Section 27. In all cases where a change is made by the board of tax assessors in the return of the taxpayer, the board shall notify the taxpayer in writing of the change made in the tax return, setting forth in the notice the items changed or added, and the valuation placed thereon by the board, and advising the taxpayer of the time, place and hour when a hearing will be accorded by the board. This notice shall be served upon the taxpayer at least five days prior to the date set for a hearing, either personal service or by mail. In cases of nonresidents, notice shall be served

Page 3444

by mailing same to his last known address ten days prior to the date set for said hearing. The posting of such letter properly stamped in the post office at Walnut Grove shall be sufficient service. On the date and at the time set by said notice, unless said hearing is continued by the board, and notice is likewise served in writing as provided for herein, the said board shall meet and hear any complaint from the taxpayer as to the changes made. The valuations placed upon all items of property in said return by the taxpayer which are not increased or changed by the said board in their first instance shall be considered as approved by the said board as correct, and said valuations shall, after approval by the board, be final fixed by such approval as the true and correct valuation of all such items for the year for which the return was made. Only the items which have changed or added may be considered at said hearing. If, upon the hearing accorded to the taxpayer as to those items which are changed or added by the board and the consideration of the matter, the board does not assess a valuation upon the items changed which is satisfactory to the taxpayer, the latter shall have the right to file with the town council of Walnut Grove a written request that the valuation placed upon the items changed or added by the board of tax assessors from the original return thereof be reviewed by the town council and a true and correct valuation fixed by the town council. Such written notice shall be filed with the clerk of the Town of Walnut Grove within five days from the decision of the board of tax assessors on the hearing of the taxpayer. The said notice shall set forth the items of which the taxpayer is dissatisfied and for which he wishes the town council to review. The Town of Walnut Grove likewise has the privilege of appealing from said board of tax assessors' decision to the town council by giving five days' written notice to the taxpayer setting forth the items upon which the appeal is made. The town council shall, at its next regular or called meeting, after said notice is duly filed, providing said meeting is more than five days from the time the notice was filed, hear and consider the complaint made and raised by said notice. The taxpayer shall be notified of the time and place of council meeting. The town council shall have full and complete

Page 3445

power to investigate the valuations placed on the items objected to as stated by said notice, and may make this investigation by any means town council desires to effect and ascertain the true market value of the items specified in such notice or appeal may be considered by the town council and the balance of the return will be considered as correct and conclusive. The town council shall notify the taxpayer of its decision and such notice shall be in writing. Notice to taxpayers, etc. Section 28. In all cases where the taxpayer is dissatisfied with the valuation placed upon the item or items of property upon which a hearing before council was held on as set forth herein, the right to finally determine the fair market value of such property by arbitration shall be granted. Any taxpayer desiring arbitration in said matter shall within five days from the time the decision is made and notice is served upon him by town council file with the Clerk of the Town of Walnut Grove a written notice setting forth his dissatisfaction with the valuations placed on the property, naming the items upon which arbitration is desired, and shall, at the same time, name a resident and freeholder of the Town of Walnut Grove as an arbitrator. As early as possible, and not later than the next regular meeting of town council, the Town of Walnut Grove shall name a resident and freeholder of the Town of Walnut Grove as an arbitrator. The two arbitrators so named shall select a third resident and freeholder of the Town of Walnut Grove, and the three arbitrators thus selected shall meet within twenty (20) days and fix the valuation of those items of property upon which the taxpayer has demanded arbitration. In the event the two arbitrators shall fail to designate a third arbitrator within three (3) days, then the Judge of the Superior Court of Walnut County, Georgia, shall be requested to designate a resident and freeholder of the Town of Walnut Grove as the third arbitrator. The decision of the majority of the arbitrators shall be binding and the decision shall be final and without appeal. Same, arbitration. Section 29. Before entering upon their duties as arbitrators, each shall take an oath that they will faithfully

Page 3446

and impartially make a true and just assessment of the tax returns and property in question and will determine the matters submitted to them according to law and the justice and equity of the case. Notice shall be furnished to both the taxpayer and the Town of Walnut Grove of the time, place and hour of the hearing to afford all concerned an opportunity to make his or its appearance to be heard. The compensation of said arbitrators shall be the sum of five dollars each, which shall be borne equally by the taxpayer and the town. Same, oaths, etc. Section 30. In the event that the town council of Walnut Grove shall in any year act as tax assessors and do not appoint a board of tax assessors, the same rules and regulations shall apply to the town council as apply to board of tax assessors. All rights and privileges granted to the taxpayer as to a hearing before the town council, and thereafter to arbitration, shall apply and be in force when the town council themselves are the board of tax assessors, and notices and service shall be given and made the same as if a board of three tax assessors had acted as provided for herein. Procedure when tax assessors not appointed. Section 31. The board of tax assessors shall not pass upon the valuation of property owned by any member of the board, but the town council shall pass upon these returns and the same privileges are granted to members of the board of tax assessors to make appeal and to arbitration as provided for herein. No rights shall be withheld from the member of the board of tax assessors for each appeal or arbitration. Property owned by tax assessors. Section 32. If any rule is adopted by any board of tax assessors or by council acting as tax assessors as to the method of reaching valuations of the property in the Town of Walnut Grove, the same shall be applied to all the taxpayers of the town, and shall be taken into consideration by the arbitrators. It shall be the duty of the arbitrators to make investigation into any rules or regulations made and adopted by the board of assessors of the town council in determining the values of property and apply these rules

Page 3447

to the property they have under consideration during the arbitration. Rules. Section 33. (a) Be it further enacted by the authority aforesaid that the Town of Walnut Grove is granted power and authority to issue executions and fi. fas. against any person, firm or corporation for any debt or claim the town may have against said person, firm or corporation, said debt or claim to include taxes, sewer rental, water, lights, paving, license, impounding fees and charges, rents of various kinds, fines and forfeitures, charges for laying sewers and water pipes for cleaning, repairing, removing or installing privies, abating nuisances, and such other claim, demand or debt due the town. Tax fi fas, etc. (b) The said execution of fi. fa. shall issue in the name of said town by the clerk of council or other official designated by town council, and shall be a lien on all the property, both real and personal, owned, or in which an interest is owned by the person, firm or corporation against whom the execution of fi. fa. is issued. The same may be recorded in the records of the clerk of Walton Superior Court and shall have the same dignity as an execution of fi. fa. issued from Walton Superior Court. (c) The Town of Walnut Grove is granted authority and power to serve said execution of fi. fa., to make levy upon any property of the defendant and to sell the same as now or as may hereafter be provided by law for sheriff's sales, except that the mayor of said town is authorized to hear and grant orders for sale of personal property so levied upon, and personal property may be sold after advertising the sale for ten days by posting notices at the town hall and two other public places. Perishable property or personal property, where there is an expense in the keeping of the same, may be sold after advertising the sale by posting notices at the town hall and two other places for three days. The marshal of said town, unless some other official is designated by town council, shall make said levies, advertisements, sales, execute the necessary deeds and other instruments and place the purchasers in possession.

Page 3448

(d) Any person having an interest in the property levied on as aforesaid may file a plea of illegality, as provided for by law, returnable to Walton Superior Court. Section 34. Be it further enacted by the authority aforesaid that the town council of the Town of Walnut Grove shall have full power and authority to pave, repave, curb, recurb, grade, regrade, repair or improve any or all of the sidewalks of said town and assess any portion of the entire costs of such paving, curbing, recurbing, grading, regrading, repairing, or improving against the abutting property, and the owners thereof, prorated as to each according to lineal feet frontage of abutting property on the improvement, area or value of the abutting property, one or more or all, as may be determined by the said town council; also to grade, regrade, macadamize, remacadamize, pave, repave, curb, recurb, repair, or otherwise improve for travel and drainage any or all of the streets, alleys or ways of the Town of Walnut Grove and assess any portion or the entire cost of such grading, regrading, macadamizing, remacadamizing, paving, repaving, curbing, recurbing, repairing or other improving against the abutting property and the owners thereof, prorated as to each according to lineal feet frontage of abutting property on the improvement area or value of the abutting property, one or more or all, as may be determined by said town council; to grade, regrade, pave, repave, macadamize, remacadamize, curb, recurb, or otherwise improve the width of the tracks and between the tracks and on the sides of any railroad or railroads running through or across the streets, alleys, ways or lanes of said Town of Walnut Grove, and assess any portion or the entire cost of such improving, grading, regrading, paving, repaving, macadamizing remacadamizing, curbing, or recurbing, against any property in said town or any part thereof of the railroad company or railroad companies whose railroad runs across or through the streets, alleys, ways or lanes of said town, and against said railroad company or companies; to grade, regrade, curb, recurb, pave, repave, macadamize, remacadamize, repair or improve any sidewalks or streets abutting on any property in said town owned by Walton County and against Walton

Page 3449

County, according to the lineal feet frontage of such abutting property on said improvement, or according to the area or value of such abutting property, one or more or all, as may be determined by said town council; and also to provide for the enforcement and collection of assessments from such abutting or other property and the owners thereof by execution issued against such property and such owners. Streets, etc. Section 35. Be it further enacted by the authority aforesaid that said Town of Walnut Grove through its town council shall have all power and authority to adopt by ordinance or otherwise such system of equalizing assessments on real estate made for the purposes and objects hereinbefore stated as may be just and proper, estimating the total cost of each improvement to be made, and prorating the same against abutting and other real estate, or any part thereof, and the owner of such real estate according to the proportion the frontage of such abutting real estate in each case bears to the total cost of such paving, repaving, grading, curbing, or otherwise improving any street, sidewalk, way or alley, or according to the area of value of said real estate one or more or all as may be determined by town council. Same, assessments. Section 36. Be it further enacted by the authority aforesaid, that the amount of the assessment on each piece of real estate shall be a lien on such real estate against the owner thereof, from the date of the passage of the ordinance providing for the work and making assessment, and said town council shall have full power and authority to enforce the collection of any assessment so made for such work or improvement by execution issued by the clerk of council of said town against the real estate so assessed and the owner thereof, and after advertising and other proceedings as in the case of tax sales under existing laws and ordinances, or such as may hereafter be made applicable to the subject, said property shall be sold in the same manner and shall be subject to all the right of purchase by said town and redemption by the owners as provided by existing laws. The defendant in any execution shall have the right to file an affidavit or illegality denying that the

Page 3450

whole or any part of the amount for which said execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received only for the balance. All affidavits shall set out in detail the reason why affidavit claims the amount is not due, and when received by said town shall be returned to the Superior Court of Walton County, and there tried and the issue determined as in case of illegality and subject to all the pains and penalties provided for in case of illegality for delay under the Code of Georgia. Same, liens, etc. Section 37. Be it further enacted by the authority aforesaid that the town council shall have the authority to issue liens for any balances due or which may become due for such improvements as specified hereinbefore, and that the liens of said executions shall be co-equal with the lien of executions for taxes, prior to and superior to all other liens against said real estate, and such liens shall continue until said assessments and executions thereon shall be fully paid. Same. Section 38. Be it further enacted by the authority aforesaid that the town council shall have the power and authority to prescribe by ordinance such rules and regulations as in their discretion may be deemed necessary respecting the grading, paving, repaving, curbing, macadamizing, draining, otherwise improving the streets, sidewalks, ways and/or otherwise improving the streets, sidewalks, ways and alleys of said town and the assessment of any or all the costs or expenses thereof against abutting property, and the enforcement by execution of the collection of such assessments. Rules. Section 39. Be it further enacted by the authority aforesaid, that the town council shall have the authority and power to prescribe by ordinance or otherwise such notice to abutting property owners as may be proper, and for hearing complaints from such property owners, as may be requisite under the law. Hearings. Section 40. Be it further enacted by the authority aforesaid

Page 3451

that the town council shall have the authority in the name of the Town of Walnut Grove to provide for the issuance of executions for the full assessments against the abutting property, or any part of said property, or other property as hereinbefore provided, and the owners thereof, for the cost of any such street improvement certificates or bonds to cover the estimated cost thereof, which certificates or bonds shall in no event become a liability of the Town of Walnut Grove, but shall be payable solely from assessments made against real estate under the provisions of the Act, and sell the same at the best price obtainable. Such certificates or bonds shall be negotiable and shall be issued in such denominations and payable at such times and shall bear such rate of interest payable annually or semi-annually, as may be determined by town council. Said certificates or bonds shall be signed in the name of the Town of Walnut Grove by the mayor, attested by the clerk of council of said town, and shall have the corporate seal of said town affixed thereto. They shall be payable to bearer at such place as may be designated and shall be based upon the executions issued against the abutting property owners for street or sidewalk improvement as hereinbefore provided. They may be turned over and delivered to the contractor to whom the contract has been awarded for such street or sidewalk improvement at such price or consideration as may be agreed upon in the payment of the amount due said contractor on his contract. Such certificates or bonds may be registered with the clerk of council in records to be provided for that purpose, and certificates of registration by the clerk of council shall be entered and endorsed upon each of said certificates or bonds so registered. Bonds. Section 41. Be it further enacted by the authority aforesaid that the town council shall have power and authority to prescribe the terms of payment, the rate of interest, and the time and place of payment of assessments made for street and sidewalk improvements under this Act, and executions issued thereon to pledge such assessments and executions, or any part thereof, or the monies collected therefrom, or any part thereof, to the payment of the street improvement certificates or bonds issued by virtue of the

Page 3452

provisions of this Act, and to use such monies so collected for such purpose and for the payment or other expenses incident to such street improvements. Assessments. Section 42. Be it further enacted by the authority aforesaid that the provisions of this Act shall likewise apply to any new sewer or water lines or mains the Town of Walnut Grove through its town council may deem necessary to construct or rebuild; and the town council shall have the same power and authority as to such extension or rebuilding of sewer and water lines of said town as vested in them by this Act as to paving, repaving, curbing, and otherwise improving the sidewalks and streets of said town, and all the provisions to this Act shall apply to such additions and improvements to the sewer and water lines of said town to the levying of assessments to cover the costs and expenses thereof and to the issuance of certificates or bonds to raise money for such purposes; but certificates and bonds issued for the extension or improvement of sewer or water lines or mains shall be known as sewer improvement certificates or sewer improvement bonds, or water improvement certificates or water improvement bonds, sewer and water certificates or sewer and water bonds, as the case may be. Sewer and water lines. Section 43. Be it further enacted by the authority aforesaid that no paving or repaving of any of the streets of the Town of Walnut Grove or part or parts thereof, or extension or improvements of any of the water or sewer lines and mains of said town shall be undertaken by the town council except by consent of the property owners owning a majority of the property abutting on the streets to be improved or where sewer or water lines or mains are to be improved or extended, determined according to the method of assessment adopted under this Act as provided for herein, that is, on the basis of lineal feet frontage area or value of abutting property, one or more or all. When said town council shall determine and decide to submit a street improvement project, such consent may be determined by a failure of such majority of such owners or property, determined as aforesaid, within fifteen days

Page 3453

after the publication in the official newspaper for Walton County of a notice by the clerk of the town council of Walnut Grove that an improvement project is contemplated, naming the street or streets or part of street or streets, to be improved, and specifying the nature of the improvement, to file a protest or objection to such improvement, or it may be determined by filing a petition by a majority of the owners of the property, determined as aforesaid for an improvement project, which petition shall specify the street or streets, or part or parts of street or streets which it is deemed shall be improved, and the nature of the improvement sought. After it is determined by said town council that a majority of said owners of property, determined as aforesaid, have not filed protest or objection to an improvement project contemplated within the time allowed, or that a majority of the owners of property, determined as aforesaid, have petitioned for such improvement project, then the said town council, before they shall be authorized to proceed further with such improvement project, shall pass an ordinance providing for such project, which ordinance shall be published one time in the official newspaper of Walton County, and all property owners to be assessed for the cost of the improvement who do not within fifteen days after the publication of said ordinance commence legal proceedings to prevent the assessment of their property as provided for in this Act shall be conclusively presumed to have accepted the terms of said ordinance and to have agreed that the assessment against their property as provided in this Act shall be made. Consent of property owners. Section 44. (a) Be it further enacted by the authority aforesaid, that the town council shall have the power and authority to issue bonds of said Town of Walnut Grove at such times as they see proper, within the limits provided by the Constitution of Georgia, and of such denomination and in such amounts as they see proper; the said bonds shall not bear interest in excess of eight per cent per annum, and not to run for a period of longer than thirty years from date of issue, but may bear a less rate of interest and run for a shorter period of time from the date of their issue in the discretion of the town council. Said bonds to be issued, hypothecated, and sold for the purpose of establishing

Page 3454

and maintaining, equipping, extending, operating and repairing a system of waterworks, a system of sanitary sewerage, a crematory, a system of street lights, either gas or electric or both, a system of public schools, paving or macadamizing streets, or sidewalks, erection of necessary public buildings, and adequate fire department, a hospital and drainage. Bonds will be attested by said town clerk of Walnut Grove under the corporate seal of said Town of Walnut Grove, and shall be negotiated in a manner determined by said town council to be the best interest of said town, provided, however, said bonds shall not be issued for any of the above purposes until the same shall have been submitted to the qualified voters at an election held for that purpose, under and in conformity with the general laws of the State governing the issuance of bonds by a municipal corporation. Bonds. (b) The said town council shall have power and authority to order elections at various times to determine the issuance of bonds in accordance with general elections in said town at such time or times as they deem best for the purpose of issuing bonds for the improvements designated in this Act. And said town council shall provide how said public debt may be paid and shall constitute a sinking fund for said purpose. Section 45. Be it further enacted, that said town by and through its town council, shall have full power and authority to acquire, construct, reconstruct, improve and extend revenue-producing projects and systems, to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls, and charge for the services, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom to issue negotiable certificates payable solely from such revenues, to finance the cost of construction and operation of same and to exercise all the powers and authorities to do all the things and acts authorized by the Revenue Anticipation Law of 1937, of this State and Acts amendatory thereof. Revenue bonds. Section 46. Be it further enacted by the authority aforesaid that the town council shall have the power and authority

Page 3455

to require and compel all toilets, baths, water closets, urinals, and privies within the corporate limits of the Town of Walnut Grove to connect with the drain in the sewerage mains and sewer pipes of said town, except where such fixtures or the building in which they are located may be more than five hundred (500) feet from any sewer main of said town. That should the owner of the property upon which is located any toilet, bath, water closet, urinal or privy fail and refuse to make the sewerage connections as referred to herein within thirty days after being requested by said town, then such property owner may be punished as may be provided for by the town council. The Town of Walnut Grove may make or have made the sewer connections and the costs thereof shall be assessed against the property and owner of such property upon which such fixtures are located and the collection of such assessment may be made by said town in the same manner and method as well as the same defenses by the property owner as are now authorized in the collection of taxes by said town. Utilities. Section 47. Be it further enacted that the town council of Walnut Grove shall have the power to compel all owners of stores, restaurants, banks, business houses and other buildings used for business purposes within the limits of said town to install therein water closets and toilets sufficient to meet the need of the occupants, tenants, employees and patrons of such stores, restaurants, banks, business houses and other enterprises and connect said water closets and toilets with the sewer mains of said town under the terms of and in accordance with and subject to all laws now in force in said town applicable thereto. In the event of refusal by the property owner within 30 days after requested to so do by the town to install and connect the fixtures referred to herein, the town may make or have made such installation and connection and issue execution against the property owner for the costs and expenses thereof, with the same priority of lien of such execution and with the same right to owner to file affidavit of illegality to such execution as provided for the collection of taxes by said town. Same.

Page 3456

Section 48. Be it further enacted by the authority aforesaid that the town shall have the right and privilege of extending the water and sewerage mains and system or either and when extended the above sections shall apply to the area within the corporate limits of said town where such extensions are made. Extension of water and sewer lines. Section 49. (a) Be it further enacted by the authority aforesaid that the town council shall have the power and authority to impose a tax, not exceeding two dollars per capita per annum on dogs owned or kept or found within the corporate limits of the Town of Walnut Grove, and shall have the power and authority to pass such ordinances as they deem necessary to collect such tax, or to otherwise enforce the provisions of this section, and may authorize and direct the marshal and police officers of Walnut Grove to impound or kill any dog or dogs at large within the corporate limits of Walnut Grove whose owner has failed or refuses to pay such tax, and also to otherwise provide for punishment of such owner or owners. Tax on dogs. (b) That town council is granted further power and authority to have all dogs inoculated against rabies or other disease and to destroy those animals which are not so treated. Section 50. Be it further enacted that the town council shall have full power and authority by ordinance, to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to protect places of divine worship in and about the premises where held; to regulate the keeping of gunpowder, dynamite and other combustibles; to provide in or near said town places for the burial of the dead, and regulate the interment therein, may act as trustees under any conveyance or will giving money or property for charitable purposes; to provide for the drainage of lots in said town by proper drains, sewers or ditches; to make regulations guarding against danger or damage by fire; to exempt the officers and employees of the town from a street tax; to protect the person or property of the citizens of said town; to regulate and control public meetings and public speaking in the streets

Page 3457

of Walnut Grove; to contribute and support any work for the physical and moral uplift and benefit of the people of this town; to prevent the obstruction of the streets of said town, or gathering of disorderly crowds in said streets; to own, lease and maintain airports and landing fields and anything necessary thereto, and to supervise and control it whether inside or outside the town limits; and to enforce the provisions of these rights by appropriate ordinances and to do any and all other things incident thereto, not contrary to the Constitution and laws of the State of Georgia. Powers of town council. Section 51. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the town councilmen of the Town of Walnut Grove may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the zoning of the town for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property; or for the purpose of regulating the height and location of the buildings, fences or other structures; or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The town may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and councilmen of said town shall deem best to accomplish the purposes of the zoning regulations; in the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession, or other activity conducted or to be conducted upon the premises; the number of persons, families, or other group units to reside in or use said buildings; the public, quasi-public, or private nature of the use of the premises; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, happiness, prosperity or welfare, and to enact any ordinances necessary to effectually carry out this section. Zoning.

Page 3458

Section 52. Be it further enacted by the authority aforesaid that the town council shall have authority to establish a town jail and provide regulations for the same in which to confine prisoners for punishment or persons arrested or persons for safekeeping and that said town shall have the right to establish a public works gang for the purpose of working the streets and other municipal work of said town. The presiding officer at the recorder's court is granted authority to sentence any person convicted of the violence of any ordinance or law of said town to a term in jail, a term on the public works gang, a fine, any one or all of said penalties. Town council is authorized to establish such rules and regulations it deems necessary for the supervision, conduct and general welfare of said jail and public works camp. Jail, etc. Section 53. Be it further enacted by the authority aforesaid that the recorder's court shall have power and authority to preserve order during its session, to compel the attendance of witnesses, to punish for contempt for not more than 6 days in jail or not to exceed a $50.00 fine or both, to issue warrants for arrest, to act with same powers and authority of an ex officio justice of peace in binding over to a higher court and assessing bond therefor. It is further provided that town council may have the same rights as recorder's court to punish for contempt when in regular or called sessions. All fines may be collected by execution issued by the clerk of council and levied as other executions. Contempt. Section 54. Be it further enacted by the authority aforesaid that the rights of certiorari from the judgment of recorder's court shall be had to the Superior Court of Walton County and shall be governed and controlled by the laws of Georgia in force at the time the certiorari is made. Section 55. (a) Be it further enacted by the authority aforesaid that the town council is vested with power and authority to establish fire limits of fire zones in said town, and to prohibit the erection or remodeling of any wooden building or other structures as will, in the opinion of said town council, increase the fire risks in such part or parts

Page 3459

of the Town of Walnut Grove as they may designate fire limits or fire zone. They may change the fire limits or fire zone as they deem necessary, and exercise and use such supervision and control over the construction of houses and buildings of every nature as well as the materials used therein. The words house and building as used herein mean all parts of the house or building including awnings, sheds, chimneys, flues, plumbing, heating units, as well as wires. Fire limits. (b) Town council may specify the kind and type of material to be used in the construction of buildings within the fire zone or fire limits, and the manner in which material may be used in erecting or repairing or remodeling such house or building. (c) Town council shall have supervision and control of all warehouses, buildings and places where materials or property of an inflammable nature are stored, and may by ordinance provide suitable restrictions, rules and regulations for the operation, storage and conduct around and near such places. (d) That said town shall have power and authority to remove any forge, blacksmith shop, livestock sales stable, barns, or any other building, house, enclosure or structure within the said town limits whenever in their discretion it shall be necessary for protection against fire or health and shall have authority to cause the removal or repair or rebuilding of any chimney, flue, pipe or other thing or matter that in council's opinion will endanger the town or any property therein as to fire. (e) That town council may summarily declare any building structure or house dangerous when the same appears to town council to be decayed, unsound or unsafe to pedestrians or persons passing, or that the same is endangering the health of said town or any portion of the inhabitants thereof, or in any location therein, or is likely to produce or spread disease or sickness. This may be so declared by town council instanter and they may summarily condemn it to be torn down or destroyed with or without the contents

Page 3460

therein, so as to prevent the introduction of spread of infectious disease. The officers who perform this duty shall not be liable to answer therefor to anyone in any court, except for gross negligence and extreme want of care coupled with malice, provided that whenever any property shall have been destroyed under the provisions of this section the Town of Walnut Grove in its corporate capacity shall be liable to the owner thereof only for the actual cash value therefor and shall not be liable for any prospective damages in connection therewith. Section 56. Be it further enacted by the authority aforesaid that the town council is authorized and empowered to establish, build, equip, maintain and conduct, or to assist in the same, of a general hospital in said town, and to levy a tax, to collect a tax and to appropriate funds from either general or special tax monies for said hospital, and the treatment of the sick therein, as well as the expenses of maintaining said hospital. Hospital. Section 57. (a) Be it further enacted, that the mayor and councilmen are hereby authorized, in their discretion, to make appropriations and payments from the general funds of the town for the purpose of soliciting and entertaining public conventions, conferences and meetings of all kinds of societies attended by delegates from other places, and any hall or auditorium belonging to the town may be used free for such purposes; and also to make appropriations and payments from the general funds of the town for the purpose of advertising said town and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises into the town, and also for making contributions to any board of trade or chamber of commerce, or like body in said town, which may have for its object any of the above stated public purposes; and also to make payments from the general revenues and funds of the town for the support of public hospitals, libraries, charities and other eleemosynary institutions in the town. The said town is authorized to exempt from tax or license or both any new business or enterprise coming to and locating in Walnut Grove, however, this exception cannot exceed five years. Conventions, new businesses, etc.

Page 3461

(b) The said town is authorized to receive any funds, property or other thing which may be offered as a donation or gift to the town or for public use and enjoyment. Section 58. Be it further enacted by the authority aforesaid that the town council is granted power and authority to enact such ordinances, resolutions, rules and regulations it deems necessary regarding the establishment of subdivisions of land within the town limits. It shall be the duty of each person or firm establishing or creating a subdivision of land in Walnut Grove to file a plat or map of same with the clerk of the town council and all streets, sidewalks, lanes and alleys shown on said plat or map are declared to be and are dedicated to public use and become the property of the Town of Walnut Grove. Subdivisions. Section 59. Be it further enacted that the town council of the Town of Walnut Grove shall have power to authorize the marshal or any policeman of said town to summon, orally or otherwise, any bystander or as many bystanders as he deems necessary to aid in the arrest of any person or persons violating any ordinance of said town or law of this State, and to provide for any person or persons failing or refusing to obey said summons. Such person or persons assisting the marshal or policeman are hereby granted the immunities and privileges of a regular policeman of said town. Assistance for police. Section 60. Be it further enacted that the town council shall have power and authority to require any person, firm or corporation to obtain from said town written permit to build, erect, repair or remodel in said town any house, building or any kind of structure, where the estimated costs thereof shall exceed fifty dollars. The town council shall have power and authority to prescribe the form of application for said permit and specify the information to be furnished by the applicant. The town council shall have the power and authority to specify the kind, type, and materials to be used in such building or repair and to grant or refuse to grant any application for permit with or without cause. They shall also have power and authority to provide penalties for the violation of any ordinances, rules or regulations regarding building permits. Building permits.

Page 3462

Section 61. Be it enacted by the authority aforesaid that the town council shall have full power and authority to regulate the running, speed and parking of buses, trucks, automobiles, trailers, engines, trains and other vehicles within the limits of said town and upon the streets, railroads, alleys, or other places in said town. Speed ordinances, etc. Section 62. Be it enacted by the authority aforesaid that the mayor and council members shall have power and authority to grant franchises, easements, and rights of way in, on, under and over streets, alleys, lanes, squares, sidewalks, parks and other property of the said town. The town council shall likewise have the power and authority to pass such ordinances as may be necessary to carry out and effectuate the provisions of this section and to prescribe a penalty for a violation of these ordinances. Franchises. Section 63. Be it enacted by the authority aforesaid that all sales provided for here shall be as effective and effectual to pass title as the deed of the person against whom the execution was issued. The Town of Walnut Grove may buy property sold under execution under same terms and provisions as is provided in the purchases by counties of the State of Georgia tax sales. The town may also sell and convey title to any property owned by it, upon ordinance or resolution passed by town council. Sales under executions. Section 64. Be it further enacted, that said town council shall have power to take up and impound any horses, mules, hogs, cows, or other animals running at large in said town; also levy a tax on each dog in said town running at large not to exceed two dollars a year, and to make and enforce all ordinances which they may deem necessary and proper for the regulation and control of all such animals in said town, and to enforce the provisions of this section, including the advertising and sales of such animals which may be impounded, to assess fees and costs therefor and provide for the collection and payment thereof. Animals. Section 65. Be it further enacted, that all unliquidated claims against said Town of Walnut Grove shall be presented within twelve months after they accrue or become

Page 3463

payable, or the same are barred, unless held by minors or other persons laboring under disabilities, who are allowed twelve months after the removal of such disability. Claims. Section 66. Be it further enacted that the town council shall have power to prevent, control, and abate idleness and loitering within the corporate limits of the Town of Walnut Grove to provide for and to punish any person or persons found guilty of loitering or vagrancy. Vagrancy. Section 67. Be it further enacted that the Town of Walnut Grove shall have the power and authority to own, acquire, control, and maintain property in or near said town for a cemetery, and to regulate and control interments therein, to punish any and all persons injuring or destroying the property or shrubbery therein, and to enact such ordinances and prescribe such rules and regulations as the town council may deem necessary to properly regulate, protect and control the said property and the use thereof. Cemetery. Section 68. Be it further enacted that the town council shall have power and authority to prevent, to regulate or to supervise the use of firearms, fireworks, or other dangerous annoyances or explosives used in sports or otherwise in said town, providing however this section shall not apply to any citizen when defending or protecting his person or property. Firearms, etc. Section 69. Be it further enacted that the town council may declare what shall be a nuisance in said town, and provide for the abeyance of the same. The town council shall have the power and authority to remove or cause to be removed at the expense of the owner thereof, any or any portion of any building, porch, steps, fence or other obstruction or nuisance in or near any public street, and to abate any and all nuisances located within the corporate limits of said town; also to provide for punishment for anyone found guilty of maintaining or carrying on a nuisance. In the event a nuisance is abated at any expense or cost to the Town of Walnut Grove and the owner of said nuisance fails and refuses to pay the said cost or expense within ten days after a demand is made for such payment, then the clerk of the

Page 3464

Town of Walnut Grove shall issue execution in the name of said town for such costs or expenses in the same manner as for taxes. Said execution shall have the same dignity as one issued from the Superior Courts of this State. Nuisances. Section 70. Be it further enacted that the town council shall have full power and authority to establish a free-bill for the officers of said town, such fees when collected, to be paid into the town treasury and that until, and unless changed by ordinance the same fees shall be charged and collected by the said town officers insofar as applicable, as is now provided for sheriffs and clerks of the superior courts of this State. The clerk is authorized to issue execution for the nonpayment of past due or delinquent unpaid fees. Fees. Section 71. The town council is authorized and empowered to sell, furnish, and distribute water, gas, lights, sewerage, electric energy, power and any other utility service together with the facilities to furnish and supply these services and utilities within the corporate limits and within one mile from the corporate limits of said town. The town council is authorized and empowered to make contracts for the purchase of electric energy, power and current for its use and redistribution, to generate and manufacture the same; to contract for the purchase, installation and maintenance of any and all machinery, facilities, and equipment the town council may deem necessary. That the said town shall have the right to obtain by purchase, gift or condemnation such rights of way and easement as may be necessary for the purpose as provided in this section. Utilities. Section 72. Be it further enacted that the town council shall have power and authority to prevent or regulate the carrying on during the Sabbath Day of all business of whatever nature in any manner they may see fit not contrary to laws of this State; to prohibit all games and amusements within the town limits not consistent with the proper observance of the Sabbath Day. Sabbath day. Section 73. Be it further enacted by the authority aforesaid that town council is granted authority to regulate,

Page 3465

control and supervise the sale and distribution of any malt or alcoholic drinks or beverages within the town limits or within a one mile limit without the town limits where the sale, storage or possession of malt or alcoholic beverages or drinks have a tendency to adversely affect the moral, physical or health conditions of said town or the inhabitants thereof. Alcoholic beverages. Section 74. (a) Be it further enacted by the authority aforesaid that the recorder of said town shall have the power and authority to hold a court to be known as Recorder's Court at such time and place in said town as the town council may designate and appoint for the hearing and trial of offenses committed against or for the violation of the bylaws, rules, regulations, ordinances, or laws of said town. Recorder's court. (b) The recorder is authorized and empowered to hear and try those charged with the violation of, or offense against, the bylaws, rules, regulations, ordinances, or laws of said town and should the defendant be found or adjudged guilty of any such violation he may be punished by a fine not to exceed three hundred ($300.00) dollars, or by confinement in the town jail or stockade or elsewhere in a place of confinement as may be designated by the recorder or town council, not to exceed ninety (90) days, or by labor on the streets or public works of said town under the control, supervision and discretion of the proper officers not to exceed ninety (90) days. The recorder may sentence the defendant to either one or more of said penalties or any part thereof. All sentences may be in the alternative and fines may be imposed with alternative of either or both of the other punishments in the event the fines are not paid. The recorder may also require that the costs of prosecution shall be paid by the defendant. (c) Upon the failure or refusal of any person to pay promptly any fine or costs imposed by said recorder's court the same may be enforced and collection by an execution issued by the clerk of council as provided for herein for the collection of taxes, and levies, sales and defenses may be made in the same manner as executions issued for taxes.

Page 3466

(d) The town council shall have the power and authority to provide by ordinance or otherwise for the charge and collection of all costs in recorder's court such as are usually incident and lawfully chargeable in the class of cases tried in said court, the same to be added to, or included in the amount of fine imposed. Unless changed by the town council, the charges for costs shall be the same as are now or as may be lawfully charged in superior courts of this State. (e) The recorder of said town shall be ex officio justice of the peace so far as to enable him to issue warrants for any offense, State or town, committed within the town limits of said town. Said warrant may be served by the marshal or police of said town or by any arresting officer of this State, and acting under said warrant, the officer may arrest either within or without the limits of said town. Offenders so arrested may be carried before the recorder, and if there is probable cause to suspect that any of the penal laws of this State or any rule, regulation, by laws, ordinance or law of said town has been violated, then the recorder may bind the offender over to the proper court, and to commit the accused to the jail or place of confinement to answer the charge against him, provided, that the recorder may, if such offense is bailable, admit the accused to bail, the arresting officer may approve the bond. Should the accused be bound over to the State courts, then all papers should be delivered to the clerk of the court to which the accused was bound over. (f) That the mayor may serve as the recorder when the recorder is absent, disqualified, or unavailable to serve, and should both the recorder and mayor be absent, disqualified or unavailable to serve, the council member of said town may serve as presiding officer at recorder's court. Section 75. Be it further enacted by the authority aforesaid that the sections and provisions of this charter and Act are severable and were so enacted by the Georgia General Assembly and should any section, or any part thereof be held contrary to the Constitution or laws of the State of Georgia or of the United States of America, the part so held to be void shall be ineffective but the remainder of said Act shall remain in full force and effect. Severability.

Page 3467

Section 76. Be it further enacted by the authority aforesaid that all laws or portions of laws in conflict with this Act be and the same are repealed. Section 77. An Act incorporating the Town of Walnut Grove, approved August 23, 1905 (Ga. L. 1905, p. 1209), is hereby repealed in its entirety. 1905 act repealed. State of Georgia, County of Walton. Before me, the undersigned, a notary public, this day personally came Sanders Camp, who, being first duly sworn, according to law, says that he is the editor and publisher of The Walton Tribune, official newspaper published in said County and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 4th, 11th, and 18th days of December, 1968, as provided by law. /s/ Sanders Camp Subscribed and sworn to before me, this 21st day of January, 1969. /s/ Hazel M. Prather Notary Public, State of Georgia. My Commission expires January 3, 1971. (Seal). Notice of Intention to Introduce Local Legislation. Georgia, Walton County. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to create a new charter for the Town of Walnut Grove, and for other purposes, being an Act to amend and replace

Page 3468

an Act of the General Assembly of Georgia, approved August 23, 1905 (Ga. L. 1905, p. 1209) entitled Walnut Grove, Town of, Incorporated. The 2nd day of December, 1968. /s/ Marvin W. Sorrells Representative-Elect from Walton County District Approved April 25, 1969. TURNER COUNTYSHERIFF'S EXPENSES. No. 469 (House Bill No. 247). An Act to amend an Act placing the sheriff of Turner County upon an annual salary, approved February 17, 1965 (Ga. L. 1965, p. 2029), so as to provide for the reimbursement of the sheriff for expenses incurred while on official business outside of the State of Georgia; 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 placing the sheriff of Turner County upon an annual salary, approved February 17, 1965 (Ga. L. 1965, p. 2029), is hereby amended by inserting between sections 6 and 7 a new section to be numbered section 6A and to read as follows: Section 6A. The sheriff shall be reimbursed by Turner County for all expenses incurred by the sheriff while on official business outside of the State of Georgia. The sheriff shall present such itemization and documentation of the expenses incurred as shall be required by the board of commissioners of Turner County. Expenses.

Page 3469

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia a bill to amend No. 11 (House Bill No. 19) Turner County sheriff placed on salary found on page 2029 Georgia Laws, 1965 session, so as to provide compensation for expenses incurred while on official business outside of the State of Georgia; to provide an effective date; and for other purposes. This 14th day of December, 1968. Martin Young Senator, 13th Senatorial District A. B. C. Dorminy, Jr. State Representative Post No. 1 House District 48 Ted Hudson State Representative Post No. 2 House District 48 Georgia, Fulton County. Personally appeared before me, the undersigned authority duly authorized to administer oaths, Honorable Ted Hudson, who, on oath, deposes and says that he is Representative from Post 2, House District 48, and that the attached copy of notice of intention to introduce local legislation

Page 3470

was published in the Wiregrass Farmer Stockman, which is the official organ of Turner County, on the following dates: December 19, 26, 1968, and January 2, 1969. /s/ Ted Hudson State Representative Post No. 2 House District 48 Sworn to and subscribed before me, this 22nd day of January, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 25, 1969. TIFT COUNTYSALARIES OF CHAIRMAN AND VICE-CHAIRMAN OF BOARD OF COMMISSIONERS. No. 470 (House Bill No. 251). An Act to amend an Act creating a board of commissioners of road and revenues of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended by an Act approved August 7, 1920 (Ga. L. 1920, p. 630), an Act approved August 14, 1925 (Ga. L. 1925, p. 762), an Act approved August 19, 1927 (Ga. L. 1927, p. 682), an Act approved March 25, 1947 (Ga. L. 1947, p. 303), an Act approved January 31, 1951, p. 2073), an Act approved March 13, 1957 (Ga. L. 1957, p. 3233), an Act approved March 11, 1964 (Ga. L. 1964, p. 2900), an Act approved March 18, 1964 (Ga. L. 1964, p. 3069), an Act approved March 30, 1965 (Ga. L. 1965, p. 2825), an Act approved March 31, 1965 (Ga. L. 1965, p. 3085) and an Act approved March 21, 1968 (Ga. L. 1968, p. 2376), so as to

Page 3471

change the salary of the chairman of the board of commissioners of Tift County from $7500.00 per annum to $9000.00 per annum and to change the salary of the vice-chairman of such board of commissioners of Tift County from $1200.00 per annum to $1800.00 per annum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended by an Act approved August 7, 1920 (Ga. L. 1920, p. 630), an Act approved August 14, 1925 (Ga. L. 1925, p. 762), an Act approved August 19, 1927 (Ga. L. 1927, p. 682), an Act approved March 25, 1947 (Ga. L. 1947, p. 303), an Act approved January 31, 1951 (Ga. L. 1951, p. 2073), an Act approved March 13, 1957 (Ga. L. 1957, p. 3233), an Act approved March 11, 1964 (Ga. L. 1964 p. 2900), an Act approved March 18, 1964 (Ga. L. 1964, p. 3069), an Act approved March 30, 1965 (Ga. L. 1965, p. 2825), an Act approved March 31, 1965 (Ga. L. 1965, p. 3085) and an Act approved March 21, 1968 p. 2376) is hereby amended by striking section 9 (a), section 9 (b) and section 19 in their entirety and inserting in lieu thereof a new section 9 (a), section 9 (b) and section 19 to read as follows: Section 9 (a). Be it further enacted, that the board of commissioners shall hold their regular session on the first Monday in each month in the courthouse of said county and may adjourn from day to day until their business is finished; and extra sessions may be held at any time on the call of the chairman or upon the call of any three members of the board when in the judgment of the board the interest of the county demands it; that at the December term in each even numbered year of Tift Superior Court, and at the same time of such court each two years thereafter, the grand jury of such court shall select a chairman of the board of commissioners to serve for a period of two years from the first day of January following such election; such chairman to be selected from the members of the board then in office. The chairman of the board shall, subject to the provisions for bid purchasing, be the sole

Page 3472

purchasing agent for the county of Tift, and no contracts for the payment of materials or supplies for any office of departments of public works of said county shall be binding against the County of Tift if made by any other person than the chairman of the board of county commissioners, and such chairman shall receive as compensation thereof the sum of nine thousand ($9,000.00) per annum. Said salary shall be paid from the county treasury in monthly installments by warrants drawn on the treasury or depository, as in the case of other claims against said county. Said board may make such rules and regulations as it may deem advisable for its own government and the government of its secretary and other employees, not inconsistent with this Act or the laws of this State. Said board shall keep correct minutes of its official acts and doings in a minutebook kept for such purposes, a book of receipts and disbursements, a general ledger, and a warrant book, such as are now kept in such office, a book containing a complete list of all the county property, real and personal, and shall make a record of all sales or other disposition of the same, also a road register in which shall be kept a record of all the public roads of said county, particularly describing said roads, and shall make a record of all new roads which shall be hereafter granted in accordance with law. Said board shall also keep on file all paid warrants and vouchers and other paper necessary to show a complete record of all the transactions of said county. Section 9 (b). Be it further enacted, that the said board at its regular January meeting in each odd numbered year and immediately following the selection of a chairman by the December term grand jury shall elect by a majority vote from its membership a vice chairman whose term shall coincide with the term of the chairman of said commission so selected by the grand jury. The vice chairman shall have no additional powers or duties other than that conferred by law upon other members of said board, except during such period or periods of time as the vice chairman assumes the duties of the chairman as herein provided for. The said vice chairman shall assume the duties, powers and authority of the chairman of said board upon the chairman's being incapacitated to the extent that

Page 3473

he is unable to perform the duties of the chairman for a period of four days or upon the said chairman's being misplaced from such office to the extent that he is unable to communicate with said office for a period of four days, and the said vice chairman upon assuming such duties, powers and responsibilities shall continue to serve in such capacity until such chairman is again capable of assuming such duties, or until such chairman returns to said office or resumes communication with said office. It is further provided that in the event the position of chairman of said board should become vacant by death, resignation or otherwise of said chairman, then and in such event the vice chairman shall assume the full office of chairman until the next regular term of Tift Superior Court at which time the grand jury shall select from the membership of said board a person to serve as chairman and whose tenure of office shall be for the remainder of the term of chairmanship which was being served by such chairman who died, resigned or otherwise vacated such position. The vice chairman shall receive as compensation a salary of $1800.00 per annum and which salary shall be paid from the county treasury in equal monthly installments the same as salary for other members of such board of commissioners. Section 19. Each member of said board of commissioners of Tift County other than the chairman and vice chairman shall receive as compensation, a salary of twelve hundred ($1200.00) dollars per annum, and they shall receive no other compensation of any kind whatsoever. Said salary shall be paid from the county treasury in monthly installments and warrants drawn on the treasury of depository, as in the case of other claims against said county. Section 2. The salary increases provided for in this Act shall be retroactive to January 1, 1969 and upon approval of this Act any deficiencies in said salaries accruing between January 1, 1969 and the date of such approval shall be paid to the chairman and the vice chairman in accordance herewith from the county treasury. Intent. Section 3. All laws and parts of laws in conflict with this Act are hereby specifically repealed.

Page 3474

Section 4. This Act shall become effective immediately upon its approval. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced in the January, 1969 Session of the General Assembly of Georgia an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Tift County, Georgia approved August 7, 1917 (Ga. L. 1917, p. 396), as amended and specifically section 9 thereof and which section 9 when amended shall increase the compensation of the chairman of said commissioner from $7500.00 per annum to $9,000.00 per annum and specifically section 19 thereof and which section 19 when amended shall provide that the compensation of the vice-chairman shall be increased from $1200.00 per annum to $1800.00 per annum; and for other purposes. By authorization of the Board of Commissioners of Tift County, Georgia, this 10th day of December, 1968. Sutton, Kelley Pittman Tift County Attorneys Georgia, Fulton County. Personally appeared before me the undersigned authority, duly authorized to administer oaths, Henry Bostick who, on oath, deposes and says that he is Representative from the 63rd District, and that the attached copy of notice of intention to introduce local legislation was published in The Tifton Gazette which is the official organ of Tift County, on the following dates: December 12, 19, and 26, 1968. /s/ Henry Bostick Representative, 63rd District

Page 3475

Sworn to and subscribed before me, this 23rd day of January, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 25, 1969. TOWN OF MILNERNEW CHARTER AS CITY OF MILNER. No. 471 (House Bill No. 259). An Act to amend, consolidate and supersede the several Acts of the General Assembly of the State of Georgia, pertaining to the Town of Milner in the County of Lamar, to provide a new charter therefor and to change the name of the Town of Milner to the City of Milner; to organize the municipal government thereof; to prescribe the corporate limits; to provide for a mayor and council of the city and their function, authority, powers, duties, qualifications and election; to provide the power of veto and the manner of overriding the same; to provide for removal from office; to prescribe the corporate powers and authority; to regulate the appointment, qualifications, duties, authority and compensation of the officers and employees of the city; to provide for the authority of the mayor and council over said officers and employees; to create certain boards, commissions and departments and provide for the creation and regulation of others; to prescribe the qualifications of electors and voters, and the manner of holding elections in the city; to provide for the registration of voters; to prescribe the qualifications of candidates for municipal elections; to establish a Police Court and provide for appointment of a recorder as presiding officer thereof; to establish the jurisdiction, powers and duties of the recorder; to prescribe procedures for the annexation of territory and

Page 3476

the rights of residents in territory proposed to be annexed; to provide for public works and local improvements, and the levy of assessments therefor; to authorize borrowing; to regulate appropriations and expenditures; to provide for ad valorem taxation; to provide for the taxing of occupations and other privileges; to prescribe the manner of collection of unpaid taxes and assessments; to prescribe the effect of this act upon present officers of the city; to provide for the preservation of existing ordinances and laws not inconsistent with this act, and the repeal of conflicting laws, and that the provisions of this act are severable; to prescribe punishments for the violation of this act, and for the violation of ordinances and regulations enacted pursuant thereto; to repeal an act creating a new charter for the Town of Milner in the County of Lamar, approved August 13, 1912 (Ga. L. 1912, Act No. 423, p. 1131), as amended; to repeal certain other Acts affecting said city; and for other purposes. Be it enacted by the General Assembly of Georgia: Art. I. General Provisions, Sec. 1-1 1-5 Art. II. Mayor and Council, Sec. 2-1 2-25 Art. III. City Officers and Employees, Sec. 3-1 3-17 Art. IV. Powers of City, Sec. 4-1 4-63 Art. V. Police Court, Sec. 5-1 5-25 Art. VI. Penalties and Procedures on Arrest, Sec. 6-1 6-12 Art. VII. Registration of Voters, Sec. 7-1 7-20 Art. VIII. Elections, Sec. 8-1 8-14 Art. IX. Recall of Elective Officers, Sec. 9-1 9-16 Art. X. Directory and Transitory Provisions, Sec. 10-1 10-7

Page 3477

ARTICLE I. GENERAL PROVISIONS Section 1-1. Incorporation; Name, Style and Designation. The City of Milner, in Lamar County, heretofore made a body politic and corporate by Acts of the General Assembly of said state, under the name of the Town of Milner, shall continue a body politic and corporate, known by the corporate name of the City of Milner, hereinafter also referred to as the city. Section 1-2. City's Powers as Body Politic and Corporate. As a body politic and corporate, the city shall have power to govern itself and its inhabitants by such ordinances, resolutions, rules, regulations and by-laws for municipal purposes as may be adopted and promulgated under the terms and provisions of this charter, not in conflict with the Constitution or laws of this state or of the United States, with power in and by its corporate name to sue and be sued, plead and be impleaded in all courts, have and use a corporate seal, buy, hold, exchange, sell and convey property, make all necessary and lawful contracts, transact all of its business, and do all other things necessary to promote the municipal corporate purposes of said city. Said corporation, through its mayor and councilmen, shall have all of the powers and privileges incident to municipal corporations under the laws of the state, and all other powers necessary and proper to make, regulate, maintain and preserve a proper and legal government for said city. Section 1-3. Corporate Limits Designated. The territorial limits of the City of Milner shall extend one-half mile in all directions from the old Central Railroad Pumping Station. Section 1-4. Conveyance of Property Sold Under Process of City. Whenever any real property is sold under any process of the city the officer making the sale shall have the power and authority to convey the same by proper conveyance to the purchaser, but all such property that may be sold under execution for city taxes shall be subject to redemption, within the period allowed by law, of property sold under execution for state and county taxes.

Page 3478

Section 1-5. Interest in Contracts, Purchases, Sales Prohibited. Neither the mayor, nor any member of the council, nor any city officer, shall be interested, directly or indirectly, in any contract made with the city, or receive any profit or emolument for any purchase or sale of material or other articles paid out of the public revenue, or for which the city becomes responsible. ARTICLE II. MAYOR AND COUNCIL Section 2-1. Mayor, Five Councilmen Elective Officers of City. The elective officers of the city shall consist of a mayor and five (5) councilmen who at the time of their election must be qualified and registered voters of said city. The mayor and councilmen now in office shall serve until their first election held in the city after the adoption of this charter, and until their successors are elected and qualified as provided in sections 2-2 and 2-3. Section 2-2. Terms of Councilmen. All councilmen shall be elected for terms of four (4) years, shall take office on the first Thursday in January immediately succeeding their election; provided however, that at the first election held in the city after the adoption of this charter, being the first Thursday in January, 1971, five (5) councilmen shall be elected, the three (3) candidates receiving the highest number of votes to be elected for four-year terms and the next two (2) candidates to be elected for two-year terms. There shall be an election each two (2) years so that the terms of councilmen shall remain staggered as herein provided. Councilmen shall serve until their successors are elected and qualified. Section 2-3. Term of Mayor. The mayor shall take office on the first Thursday in January immediately succeeding his election and shall serve for a term of two (2) years and until his successor is elected and qualified. Section 2-4. Residence Requirements; Effect of Change of Residence. Should a councilman or the mayor remove his residence from the city, such removal shall effect an automatic vacancy in the office held by the person so moving,

Page 3479

to be filled as provided in section 2-5 or 2-6, whichever is applicable. Section 2-5. Vacancy in Office of Mayor. In the event the office of the mayor shall become vacant by death, resignation, removal or otherwise, the mayor pro tem shall act as mayor during the balance of said term and exercise all the rights and powers of the mayor during said term; provided, that at the time of such vacancy, there shall be not more than six (6) months before the expiration of said mayor's term of office. If said unexpired term is longer than six (6) months from the date of such vacancy, the council shall, within fifteen (15) days after such vacancy occurs, order a new election, which shall be held and managed in the same manner as hereinafter provided for city elections, and at which special election a successor for the unexpired term caused by said vacancy shall be elected. Section 2-6. Vacancy in Council. A vacancy occurring among the members of council shall be filled for the unexpired term at an election by the mayor and remaining members of council; provided, at the time of such vacancy there shall be not more than six (6) months before the expiration of said councilman's term of office. If said unexpired term is longer than six (6) months from the date of such vacancy, the council shall, within fifteen (15) days after such vacancy occurs, order a new election, which shall be held and managed in the same manner as hereinafter provided for city elections and at which special election a successor for the unexpired term caused by said vacancy shall be elected. Section 2-7. Oath of Office. The mayor and council shall, before entering upon the discharge of their duties, each take and subscribe before some officer authorized by law to administer same, the following oath: I do solemnly swear that I will faithfully and uprightly demean myself as mayor (or member of council) of the City of Milner during my continuance in office; that I will to the utmost of my skill and ability promote the interest and prosperity of said city; that I will not wilfully

Page 3480

and knowingly use or be the cause of using tyrannical means towards any citizen or portions of the citizens thereof, so help me God. Section 2-8. Salary of Mayor. The mayor shall receive a salary not exceeding one thousand dollars ($1,000.00) per year, as the council may fix by ordinance or resolution; provided however, that any salary so designated for a mayor shall not be effective during the term of office of the mayor then in office. Section 2-9. Salaries of Councilmen. Each councilman shall receive a salary not exceeding five hundred dollars ($500.00) per year, as the council may fix by ordinance or resolution; provided however, that any salaries so designated for councilmen shall not be effective during the terms of office of the councilmen then in office. Section 2-10. Mayor and Council Constituted Governing Body of City. The mayor and council shall constitute the legislative and governing body of the city, and shall enact all ordinances and resolutions, and adopt all regulations with all the power and authority granted by this charter. Section 2-11. Appointment, Authority of Mayor Pro Tem. The council shall appoint a mayor pro tem from the members of the council who shall in the absence of the mayor have all the power vested in the mayor by this charter. Section 2-12. Meetings; Quorum Fixed. The mayor and council shall meet once each month at such place as is fixed by them by resolution or ordinance. The mayor may call special meetings of the council at any time deemed advisable by him. Three (3) members shall constitute a quorum. Section 2-13. Duty, Authority of Mayor to Convene Council. The mayor shall convene the council when so requested, in writing, by a majority of the members thereof, or when it seems to be important to the welfare of the city; provided however, that in the event the mayor refuses to convene the council when requested to do so as provided

Page 3481

above, the council shall have the power and authority upon direction of an absolute majority thereof to call itself into session. Section 2-14. Mayor as Presiding Officer of Council. The mayor of the city shall be the presiding officer of the council, and cast the deciding vote in case of a tie. Section 2-15. Meetings to be Public; Exception. All meetings of the mayor and council shall be in public, except such executive sessions as may be provided for by ordinance. Section 2-16. Rules and Order of Business. The mayor and council shall have the power to establish its own parliamentary rules and order of business. Section 2-17. Minutes of Proceedings to be Kept. The mayor and council shall keep minutes of its proceedings in a special minute book kept for that purpose. Section 2-18. Access to Minutes, Records of Meetings. Any citizen shall have access to the minutes and records of meetings of the mayor and council at all reasonable times, at the office of the city clerk. Section 2-19. Approval of Ordinances by Mayor; Effect of Lack of Approval. All ordinances adopted by the mayor and council shall be signed and approved by the mayor, but any ordinance shall become law without the signature of the mayor unless the mayor within four (4) days after its enactment shall deliver to the city clerk his written veto thereof. Section 2-20. Veto Power of Mayor. The mayor shall have the veto power and may veto any ordinance or resolution of the council, in which event the same shall not become a law unless subsequently passed over his veto by the vote of at least four (4) councilmen on a yea and nay vote, duly recorded on the minutes of the council; but unless the mayor shall file in writing with the city clerk his veto of any measure passed by that body with reasons which impel him to withhold his assent within four (4)

Page 3482

days of its passage, the same shall become a law just as if approved and signed by the mayor. Section 2-21. Mayor as Presiding Officer of Police Court. Until such time as the office of recorder is established and a recorder is selected, the mayor shall preside over the police court for the trial of offenders against the ordinances of the city, and shall have power to impose such fines as are provided for in this charter. Section 2-22. Authority of Mayor to Remit, Reduce Fines, to Parole Offenders. As presiding officer of the police or recorder's court, the mayor shall have the power and authority to remit or reduce the fines imposed in the police court of the city upon persons convicted therein for violating any of the laws or ordinances of said city, and shall also have the authority to parole on good conduct persons convicted in said court of violating the laws and ordinances of said city, under such rules and regulations as the mayor and council may by ordinance prescribe. Section 2-23. Mayor to Sign Deeds and Contracts. The mayor shall sign all deeds and contracts made for or by the city which shall have been ordered or approved by the mayor and council duly assembled in their corporate capacity. Section 2-24. Mayor and Councilmen as Justices of the Peace. The mayor and each member of council shall have all the powers of a justice of the peace to issue warrants, try and commit to the superior court in Lamar County for trial all violators of the laws of this state for offenses committed within the corporate limits of the city. Section 2-25. Recall of Mayor, Councilmen. The mayor and councilmen of the city, or any of them, shall be subject to recall and removal from office as provided in article IX of this charter. ARTICLE III. CITY OFFICERS AND EMPLOYEES Section 3-1. Designation, Term Generally. At the first

Page 3483

regular meeting of the mayor and council after its qualification, or as soon thereafter as practicable, the following municipal officers of the city shall be elected by the mayor and council and shall hold their office for a term of one (1) year and until their successors are elected and qualified, to wit: An attorney, a clerk of council, a city treasurer, three (3) city tax assessors, a police force, and such other officers, heads of departments and their assistants as are deemed necessary and appropriate; provided however, that the offices of clerk of council and city treasurer can be combined and filled by one person. Elections hereunder for said officers shall be held at the first meeting of the mayor and council after their qualification, or as soon thereafter as practicable. Section 3-2. Selection of Officers, Prescribing Duties Fixing Compensation. The mayor and council of the city shall have the right to elect such municipal officers besides those specified in this article, as to them seem necessary and proper therefor when necessary, by ordinance, and in the same manner prescribing their duties and fix their compensation. Section 3-3. Qualifications for Appointive Office. Any person who has attained the age of twenty-one (21) years and is a qualified voter in the City of Milner, shall be eligible to hold any appointive office; provided however, that the mayor and council shall have the authority to waive the foregoing eligibility requirements when they deem it to be in the best interests of the city to do so. Section 3-4. Oath of Office, Bond. All officers and employees of said city shall be required to take such oath to properly perform their duties, and to give such bond, payable to the mayor and his successors in office, for the benefit of the city and for the use and benefit of the public, to secure and indemnify the city and the public for any loss or damage by reason of their default, misfeasance malfeasance, nonfeasance or negligence, as the mayor and council may by ordinance prescribe. Section 3-5. Compensation. Each of the officers of the

Page 3484

city shall receive such compensation as the mayor and council may by resolution or ordinance prescribe; provided however, that the salaries of all city officers, when fixed and determined by the mayor and council in the manner prescribed in this Act, and in the manner prescribed by the laws and ordinances of the city, shall not be diminished during the terms of office for which such officers are elected. Section 3-6. Duties. In addition to the duties prescribed in this article, each of the officers of the city shall perform such other duties as may be provided by the mayor and council by ordinance. Section 3-7. Vacancy in Office. In the event of a vacancy occurring in any of the offices enumerated in this article, or in any other office created by the mayor and council, an election to fill the unexpired term shall be held by the mayor and council within fifteen (15) days thereafter, or at such other time as the mayor and council shall designate. Section 3-8. Suspension by Mayor. Each of the officers provided for herein shall at all times be subject to suspension for cause, by the mayor, in his discretion, but such suspension shall be reported within ten (10) days to the council for action on their part, under the provisions of this charter. Section 3-9. Suspension, Fine, Removal From Office; Authority of Mayor and Council. All officers elected by the mayor and council shall at all times be subject to the jurisdiction of the council and amenable to its discipline, and said mayor and council shall have the power to suspend, fine or remove any of said officers by a majority vote of the whole body, the mayor voting, for any cause that may seem just and proper, after a fair notice and opportunity to be heard. Section 3-10. Duties of City Clerk. (a) Designation as clerk of council, ex officio clerk. The city clerk shall be the clerical officer of the council and shall be the keeper of the seal of the city; he shall also be ex officio clerk of the

Page 3485

police court of the city, and attend its sessions; he shall be ex officio tax collector of said city; he shall also be ex officio clerk of the board of tax assessors, and he shall be ex officio clerk or secretary of any other board of said city, created under the provisions of this charter or that may be created and established under the laws and ordinances of the city. (b) Duties as clerk, ex officio clerk. The duties of the city clerk as clerk of the council and ex officio clerk of the police court, as ex officio tax collector, and as ex officio clerk or secretary of any board or commission of the city, shall be such as are prescribed in this charter and as shall be prescribed under and by the laws and ordinances of the city and by the mayor and council. In addition, the mayor and council may provide by ordinance that the city clerk perform the duties as the city treasurer. Section 3-11. Duties of City Treasurer. In the event the mayor and council deem it necessary and advisable to provide for and appoint a city treasurer, it shall be the duty of the city treasurer to receive and safely keep all monies and funds of the city that may come into his hands from every source; to keep separate accounts of same as may be provided or required under and by the laws and ordinances of the city; and he shall only pay out said funds in the way and manner as may be prescribed and provided for by and under the laws and ordinances of the city. The city treasurer shall also be ex-officio tax receiver of the city, and as such shall receive the returns of property for taxation in the city at such times and under such rules and regulations, laws and ordinances as the mayor and council shall prescribe and enact; and he shall perform any and all further duties as city treasurer and as city tax receiver as the mayor and council shall by ordinance prescribe. Section 3-12. Authority, Duties of City Attorney. (a) Authority. The city attorney shall be the legal representative of the city and the legal advisor thereof, and shall represent the city in all matters in which the city is interested or involved.

Page 3486

(b) Duties. The duties of the city attorney shall be such as are required by the ordinances and laws of the city and by the direction of the mayor and council. (c) Additional counsel. Whenever in the judgment of the mayor and council, it shall be advisable to employ additional counsel to assist the city attorney, authority to do so is hereby conferred upon the mayor and council. Section 3-13. City Tax Assessors. (a) Selection, term. The mayor and council shall, at their first meeting in January of each year, elect three (3) persons, citizens and qualified voters of said city and owners of real estate therein, as city tax assessors, whose terms of office shall be one (1) year. (b) Oaths, compensation. The city tax assessors shall take such oaths and receive such compensation as the mayor and council may prescribe. (c) Vacancies. All vacancies occurring in the office of city tax assessor from any cause may be filled by the mayor and council at any time. (d) Rules for government. The mayor and council shall have the authority to prescribe rules for the government of said city tax assessors. (e) Assessment of property. It shall be the duty of said tax assessors to assess the fair market value of real estate in said city for the purpose of taxation by said city, and it shall be their duty to examine the tax returns placed before them by the officers receiving the same, and increase the valuation of personal property thereof when in their judgment the fair market value therefor is too small. Said assessors shall make returns of the assessments made by them to the mayor and council each year at such time as the mayor and council may by ordinance direct. (f) Authority to require information. The city tax assessors shall have the power to require any taxpayer to furnish them a list of all notes, accounts, mortgages, stocks,

Page 3487

bonds and other securities and investments wherever in their opinion the same is necessary for a correct assessment and to punish for contempt as may be prescribed by ordinance for failure or refusal to do so. (g) Ordinances to implement section. The mayor and council shall have the power and authority to pass such ordinances as are required to accomplish the purposes of this section. (h) Appointment of full-time assessor. In lieu of the city tax assessors provided for herein, the mayor and council may provide by ordinance for the appointment of one (1) tax assessor, who shall devote full time to his office and who shall perform the duties herein provided for the tax assessors, and such other duties as shall be prescribed by ordinance of the mayor and council. Section 3-14. Police. (a) Selection. At its first regular meeting after qualification, or as soon thereafter as practicable, the mayor and council shall elect one (1) chief of police, one (1) assistant chief of police and as many additional policemen or detective force as in the judgment of the said mayor and council may seem proper and necessary. (b) Term of office. Said officers shall be elected for a term of one (1) year and until their successors have been appointed and qualified. (c) Oath of office. Said officers shall take and subscribe such oaths as the mayor and council may prescribe. (d) Bond. Said officers shall give bond with good and sufficient security to be approved by the mayor and council of the city in such amount as may be determined upon by the mayor and council for the faithful performance of their duties and to account for all monies that may come into their hands as such officers of the city. (e) Compensation. Said officers shall be paid such compensation as may be prescribed by the laws and ordinances of the city; provided however, that said officers shall receive,

Page 3488

in addition to such salaries as may be fixed and prescribed by the mayor and council, such fees and commissions as may be prescribed by the laws and ordinances of the city, and by the mayor and council. (f) Suspension, removal. The mayor and council of the city shall have the right at any time, without trial, to suspend or remove any of said officers for breach of duty, failure to perform his duty, insubordination, incapacity, conduct unbecoming an officer or a gentleman, or for other good and sufficient cause or reason, to be adjudged by the mayor and council. The mayor may at any time during a recess of council, suspend any of the said officers for any of the above enumerated reasons for a period not to exceed thirty (30) days, without pay, and appoint a substitute therefor. (g) Duties. Said officers shall perform such duties as are provided for in this act and as may be prescribed and required of them by the laws and ordinances of the city and by the mayor and council. In addition, said officers by virtue of their office shall be and are hereby constituted ex officio firemen. Section 3-15. Fire Department; Establishment, Maintenance. The mayor and council shall have the power and authority, by ordinance, to create and establish a fire department in said city; to provide for the personnel therefor and equipment thereof; to purchase any necessary apparatus; and to make any needful rules and regulations for its proper maintenance. Section 3-16. Deputies for Principal Officers. The mayor and council may appoint such deputies as they may see fit. Each deputy so appointed shall have and may exercise all powers, duties, functions and authority as shall be vested in the principal officer for whom he is deputy, including all powers, duties, functions vested in the principal officer ex-officio. All deputies shall serve at the pleasure of the mayor and council, shall receive such compensation, and shall give such bond as the mayor and council shall provide.

Page 3489

Section 3-17. Restriction Upon Contracts for Personal Services. No contract shall be made which binds the city to pay for personal services to be rendered for any stated period of time, but all appointive officers and employees shall be subject to peremptory discharge as herein provided. ARTICLE IV. POWERS OF CITY Section 4-1. Adoption of Ordinances, Resolutions, Generally. (a) Reading required. All ordinances and resolutions, before they shall pass, shall be read at two separate regular or special meetings. (b) Signature, countersignature required. All ordinances and resolutions shall be signed by the mayor or the officer presiding at the time of their passage and countersigned by the clerk of council. (c) Content, record of ordinances; existing ordinances preserved. All ordinances and resolutions shall be in writing and have endorsed thereon the name of the councilman introducing same and the date of its readings. Such ordinances or resolutions shall be numbered and filed and properly preserved. There shall be kept by the clerk of council a regular ordinance and resolution book, in which all ordinances and resolutions, after their passage and adoption, shall be fairly and accurately printed or engrossed, the record of which shall be signed by the mayor, acting mayor, or the officer presiding at the time of the passage of the same, and countersigned by the clerk of council under the seal of the city; provided however, that nothing herein contained shall operate to prevent said mayor and council from adopting such rules and regulations governing the passage and adoption of ordinances and resolutions which do not conflict herewith; provided further, that nothing contained in this and the previous paragraphs hereof shall affect in any manner any valid existing ordinance of said city, not in conflict herewith. Section 4-2. Scope of Police, Legislative Power of City. The mayor and council of the city shall have the power to

Page 3490

enact and enforce all ordinances necessary to protect health, life and property and to prevent and summarily abate and remove all nuisances and to preserve and enforce the good government, order, security and dignity of the city and its inhibitants; and to enact and enforce ordinances on any and all subjects, provided that no ordinance shall be enacted inconsistent with the provisions of this charter or of the general laws or Constitution of the State of Georgia. Section 4-3. Scope of Ordinances, Rules, By-Laws. Authority to carry out and effectuate by ordinance each and every power granted to the city in this Act is hereby expressly conferred on the mayor and council of the city. Section 4-4. Enumeration of Powers not Exclusive. The enumeration of powers in this charter shall not be held or deemed to be exclusive, but in addition to the powers enumerated herein, implied hereby, or appropriated to the exercise thereof, the city shall have and may exercise all other powers which under the Constitution and laws of the State of Georgia, it would be competent for this charter specifically to enumerate, it being the intention hereof that the powers of the city shall extend to all matters of local and municipal government. Section 4-5. Corporate Powers Enumerated. The mayor and council shall have the following powers: (a) Acquisition, disposal of property. To acquire property, within or without the city, in fee simple or lesser interest or estate, by purchase, gift, devise, appropriation, lease or leases with privilege to purchase for any municipal purpose, and may sell, lease, hold, manage and control such property as specified and provided for; (b) Furnishing public services. To furnish all local public services, as herein specified and provided for; (c) Public utility franchises. To grant local public utility franchises and regulate the exercise thereof; (d) Taxation. To assess, levy and collect taxes for general

Page 3491

and special purposes on all subjects or objects which the city may lawfully tax; (e) Bonds, notes. To borrow money on the faith and credit of the city by the issue and sale of bonds or notes of the city; (f) Appropriations. To appropriate the money of the city for all lawful purposes; (g) Public works and improvements. To create, provide for, construct, regulate and maintain all things in the nature of public works and improvements; (h) Assessments for local improvements. To levy and collect assessments for local improvements on property benefited thereby; (i) Licensing, regulating businesses, trades, etc. To license and regulate persons, corporations and associations engaged in any business, occupation, profession or trade; (j) Abatement of nuisances, detrimental conditions. To define, prohibit, abate, suppress and prevent within the city, and for a distance of five thousand (5,000) feet outside its limits, all nuisances and causes thereof, and all things detrimental to the health, morals, safety, convenience and welfare of its inhabitants; (k) Purity of water supply. To make all needful regulations applicable within and without the city, for securing and preserving the purity of its water supply; (l) Preservation of public health. To do all things necessary or desirable to secure and promote the public health; (m) Construction, size, use of building. To regulate the construction, reconstruction, material, location, height, maintenance and occupancy of buildings, signs and signboards and other structures; (n) Use of streets, public places. To regulate and control

Page 3492

the use, for whatever purpose, of the streets and other public places of the city, and to open and close streets; (o) Offices, departments, personnel. To create, establish, organize and abolish departments and offices, and fix the salaries and compensation of all officers and employees; (p) Police, sanitary, similar regulations. To make and enforce local police, sanitary and other similar regulations; (q) Ordinances for benefit of city. To pass such other ordinances as may be expedient for maintaining and promoting the peace, safety, good government and welfare of the city and for the performance of the functions thereof; (r) Imposition of fines and penalties. To try and punish all offenses and violations against the laws and ordinances of the city; and upon conviction to punish offenders as provided in section 5-7; (s) Additional powers. To exercise, in addition to the powers enumerated in this section, all powers that now are, or hereafter may be, granted to municipalities by the Constitution or laws of the State of Georgia; and all the powers of the city, whether expressed or implied, shall be exercised and enforced in the manner prescribed in this charter, or when not so prescribed, then in such manner as may be provided by ordinance or resolution of the council. Section 4-6. Code of Ordinances, Resolutions, Rules; Adoption, Modification, Repeal. The mayor and council shall have the power and authority to adopt, maintain and declare of force a code of the ordinances, resolutions and rules of said city, which code may consist of and contain such ordinances, resolutions and rules now of force and effect as the council may deem proper to include therein, or a revision thereof, or of entirely new ordinances, resolutions and rules, and may contain such of either as said mayor and council deem appropriate to include therein. Said code shall be subject to amendment or repeal, in whole or in part, at any time; provided however, that the ordinance adopting a code shall be passed in accordance with section 4-1.

Page 3493

Section 4-7. Designation, Abatement of Nuisances. The mayor and council of the city may by ordinance declare what shall be a nuisance, and by ordinance prohibit the same within the city and outside the city limits for a distance of five thousand (5,000) feet, and provide for the abatement of same. Section 4-8. Regulation, Maintenance of Public Health and Sanitation. The mayor and council of the city shall have the power and authority to provide for the inspection and regulation of the sanitary condition of all premises within the city limits; for the removal of garbage, night soil, refuse and insanitary or offensive vegetation; to provide for establishing a lien against affected property for any expenses incurred by the city in enforcing this provision; and to provide for the making and enforcing of all proper and reasonable regulations for the health and sanitation of said city and its inhabitants. Section 4-9. Policing Public Places, Protecting Water Supply. The mayor and council of the city shall have the power to police all parks, public grounds, streets, avenues, alleys and other public places owned by said city, within or without the city limits, to prohibit the pollution of all sources of water supply of said city; and to provide for the protection of water sheds. Section 4-10. Ordinances, Rules and Regulations to Protect Against Fire. (a) Enactment, scope. The mayor and council of the city may enact any and all ordinances, rules and regulations necessary to lay out and prescribe a fire district or fire districts thereof in the city, and to enlarge, change or modify the limits thereof from time to time; to prescribe when, how and of what material buildings and other structures may be erected, repaired or covered, how walls, chimneys, stove pipes and flues are to be constructed; to provide for fire escapes in buildings; and generally to do all such things and to pass such laws and ordinances as the mayor and council may deem necessary in order to protect said city as far as possible from dangers from fire and to prevent the spread of fire from one building or structure to another, and for the protection and safety of the people.

Page 3494

(b) Changing, removing construction. The mayor and council shall have the authority to order any changes in the construction or arrangement of buildings and other structures, chimneys, stove pipes or flues, and to order the removal thereof when in their judgment the same are dangerous or likely to become so, and to make the owner of the affected premises pay the expense of such change or removal, which expense may be collected as taxes are collected. (c) Removal, alteration of building. If any person, firm or corporation shall erect or maintain any building or other structure that is not in accordance with the laws and ordinances of the city, the mayor and council may order such person, firm or corporation to remove or alter the same within the time limit specified therefor, and if such person, firm or corporation shall not remove or alter such building or other structure after such notice to do so is given, then said mayor and council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected as taxes are collected. Section 4-11. Authority to Regulate Building, Repairing, Removing of Buildings, Other Structures. (a) Scope of authority. The mayor and council of the city shall have full power and authority to regulate the building or the repairing of any buildings or other structures within the corporate limits of said city or the removal thereof; to require persons desiring to build, repair or remove buildings or other structures in said city to first obtain a permit from the mayor and council or from such officer as shall be authorized to grant the same before erecting, repairing or removing same; to refuse to allow buildings or other structures to be erected, repaired or removed in said city when satisfied that said buildings or other structures or addition thereto, or repair thereof, or removal of the same, will be manifestly against the best interests of the city or will endanger the safety or health of the citizens or be likely to become a nuisance and offensive to the property owners or residents of said city; to require applications for permits to be made and to prescribe how they shall be made, what they shall contain, and with whom they shall be filed; and to provide for the removal, the expense of the owners thereof,

Page 3495

of buildings or other structures erected, repaired or removed in violation of such rules and regulations as may be prescribed by such mayor and council for the building, repairing or removing of buildings or other structures in said city. (b) Inspections. The mayor and council shall have the power and authority to provide for the inspection of the construction of all buildings and other structures in respect to proper electrical wiring, piping for gas, flues, chimneys, plumbing and sewer connections; and to enforce proper regulations in regard thereto. (c) Ordinances to implement section. The mayor and council of said city are hereby authorized and empowered to enact all ordinances to accomplish the provisions of this section, and to provide a penalty for the violation of such ordinances. Section 4-12. Regulating Safety of Buildings and Other Structures. The mayor and council shall have the power and authority to enact and enforce all ordinances and resolutions necessary to regulate the safety of all buildings and other structures. Section 4-13. Exits, Fire Escapes; Construction and Sufficiency. The mayor and council shall have the power and authority to require the construction of fire escapes, and to determine the sufficiency and regulate the safety of all exits and fire escapes provided on buildings of every kind and character. Section 4-14. Authority to Grant Franchises, Permits, Easements and Rights-of-Way. (a) Scope of authority. The mayor and council of the city shall have the power and authority to grant franchises, permits, easements, and rights-of-way in, on, under and over streets, alleys, lanes, squares, sidewalks, parks, and other property of said city, upon such terms, conditions, reservations, restrictions and limitations and for such compensation as the mayor and council may fix and prescribe. Provided, however, that the same shall not be granted for a period longer than forty (40) years.

Page 3496

(b) Application, notice, granting. The mayor and council shall have the power and authority by ordinance to prescribe the method of making application for any such franchise, easement, permit and right-of-way; what said application shall contain; to provide for notice of such application to be published; to provide when such franchise, permit, easement or right-of-way, if granted, shall become operative; and generally to prescribe such rules and regulations in respect to applications for same, the filing, publication of notice, and the granting of same as the mayor and council may deem necessary or advisable. (c) Ordinances to implement section. The mayor and council shall have the right and power to pass such ordinances as may be necessary to accomplish the provisions of this section and to prescribe penalties for the violation of said ordinances. Section 4-15. Erection of Structure in Street, Sidewalk, Public Place. The mayor and council shall have full power and authority to grant to any person, firm or corporation the right to erect or maintain a structure or obstruction in a public street, sidewalk or other public place, upon such terms and conditions and subject to such restrictions as the mayor and council shall deem appropriate. Section 4-16. Control of City Parks and Playgrounds. The mayor and council of the city shall have exclusive control over all city parks and playgrounds, and the power and authority to control, regulate and remove all obstructions and prevent all encroachments thereupon; and to provide for raising, grading, filling, terracing, landscape gardening, erecting buildings, and providing amusements therein, and for establishing walks and paving driveways around, in and through said parks, playgrounds and other public grounds. Section 4-17. Regulation of Streets, Avenues, Alleys, Obstruction Thereof. The city shall have the power to control, regulate and remove all obstructions, encroachments and encumbrances on any public street, avenue, alley or other public place, and to regulate and control the moving

Page 3497

of buildings and structures of any kind or character upon and along the same. Section 4-18. Condemnation of Property for Streets, Sidewalks, Public Places. (a) Scope of authority. The mayor and council of the city shall have full power and authority to condemn property for the purpose of laying out and opening new streets, sidewalks, alleys, squares and parks in the city, and for the purpose of widening, straightening, grading or in any way changing the streets, lanes and sidewalks of the city. (b) Exercise of power. Whenever the said mayor and council shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in he hands of the owner or a trustee, executor, administrator, guardian or agent, under the same terms and conditions as provided for in the general laws of this state with reference to the condemnation of private property for public use as contained in the Code of Georgia of 1933, having reference to the condemnation of private property for public use, and as provided by Acts amendatory thereof. Section 4-19. Streets, Sidewalks and Public PlacesOpening, Widening, Changing, Closing. (a) Scope of authority. The mayor and council of the city shall have the absolute, full and complete control and supervision of the streets, sidewalks, alleys, lanes, parks, squares and other public places of said city, and shall have full power and authority to open, lay out, close, narrow, widen, straighten, grade or otherwise change the streets, sidewalks, alleys, lanes, parks, and squares of said city; and shall have the power to lay out, grade, vacate, close up, curb and pave the roads, streets, bridges, alleys, sidewalks, crosswalks, cross drains, drains and gutters or any of them for public use or to lay wires, lines or pipes, throughout the streets, squares, lanes, alleys, parks and public places of said city, upon such terms and conditions as the mayor and council may by ordinance provide.

Page 3498

(b) Assessment of cost. The mayor and council may assess not more than two-thirds (2/3) of the entire cost of any or all of the improvements or work described in subsection (a), against the abutting property and the owners thereof, including street and railroad property and the owners thereof, according to the proportion that such abutting property bears two-thirds (2/3) of the cost of such improvements or work and also to provide for the enforcement and collection of such assessments against the abutting property and owners thereof, including railroads thereon, by execution issued against such property and such owners. (c) Equalizing assessments. The mayor and council shall have full power and authority to adopt by ordinance such system of equalizing assessments on real estate for the purpose stated above, as may be just and proper, estimating the total cost of each such improvement made, and prorating the cost thereof, or such part as is to be borne by the abutting property and the owners thereof, on the abutting real estate, and owners thereof, according to the proportion such abutting real estate bears to two-thirds (2/3) of the cost of such improvements or work on or along such street, sidewalk, avenue, alley, lane or other public place, or according to the area or value of said real estate, any or all, as may be determined by ordinance. (d) Lien of assessment. The amount of the assessment on each piece of real estate shall be a lien on such real estate against the owner thereof, from the date of the passage of the ordinance providing for the improvement or work and making assessment. (e) Collection of assessment. The mayor and council shall have full power and authority to enforce the collection of any assessment so made for such work or improvement, as aforesaid, by execution issued by the city clerk against the real estate so assessed and the owner thereof for the amount thus assessed; which execution may be levied by the chief of police of the city on such real estate or other property owned by the owner thereof, without such levy being open to the charge of being an excessive levy, and after advertising

Page 3499

and other proceedings, as in case of tax sales under existing ordinances, or such as may hereafter be made applicable to the subject, said property shall be sold in the same manner and shall be subject to all the rights of purchase by the city and redemption by the owners as is now provided for tax sales by said city; provided, that all advertisements may be made in the official organ of said city. (f) Contest of assessment. To any execution issued under the provisions of this section the defendant shall have the right to file an affidavit of illegality to common law judgments under the practice of the Superior Courts of the state, denying that the whole or any part of the amount for which such execution issued is due, and the reason why the same is not due, but any amount admitted to be due shall be paid before the affidavit of illegality is received, and said affidavit shall be received for the balance, and said affidavit so received shall be returned for trial to the Superior Court of Lamar County, Georgia, and there tried and the issues determined as in other cases of illegality, subject to all the pains and penalties provided for in cases of illegalities filed for delay only. (g) Priority of assessment. The lien of such assessments and the executions issued thereon on abutting property, including that of railroads and railways, and the owners thereof, for any such improvement contemplated and provided for by this section shall have rank and priority of payment next in point of dignity to liens for taxes, as provided by the Constitution and laws of the State of Georgia, and of the United States, and shall have priority over all other executions and judgments and liens, such liens to date from the passage of the ordinance authorizing the execution of the work or improvement in each case. (h) Application to maintenance, repair. The mayor and council shall have full power and authority to prescribe by ordinance such rules as they may in their discretion deem necessary and proper, to grade, pave, curb, macadamize, repair, drain or lay sewerage along or upon or otherwise improve any or all of the streets, avenues, alleys, lanes, sidewalks, or other public places in said city, and assess not

Page 3500

more than two-thirds (2/3) of the cost or expenses against abutting property, and the owners thereof, and enforce by execution the collection thereof against the abutting property and the owners thereof, and to prescribe by ordinance such notices to the abutting property owners as said mayor and council may see fit and proper. (i) Publication required . One (1) publication of such ordinance, or ordinances, for any of the work and improvements contemplated by this section, in the newspaper designated as the official organ for said city shall be sufficient notice to the abutting property owner or the owners of any railroad or railway having property or tracks abutting on such streets, sidewalks, avenues, lanes, alleys, or other public places in said city, of the contents and provisions of such ordinance or ordinances, and of the fact that such improvements are to be made. (j) Service of notices . Any other notice or notices deemed necessary or desirable to be made on abutting property owners by said city may be made in person or by leaving at the residence of the person to be notified if a resident of said city, but if such person is not a resident of said city then such notice may be served by publishing it for such time as may be prescribed by ordinance, and such publication in the official organ of said city shall be sufficient; provided further, that if said abutting property is owned by a partnership or by tenants in common, notice to any one of such owners shall be deemed sufficient, and if such real estate is owned by a minor or other person laboring under legal disability, notice to such minor or person laboring under legal disability and his guardian, if any, shall be deemed sufficient service of such notice; if such minor or person laboring under legal disability be a nonresident or absent from the city for more than ten (10) days, service may be made by publication as hereinbefore provided. (k) Issuance of negotiable certificates . In addition to the authority hereby vested in the mayor and council of said city to issue executions for such improvements as are herein provided, covering the assessments in question, the said mayor and council shall have authority to issue paving,

Page 3501

curbing, macadamizing, grading, draining, or sewerage certificates, one or all, in the name of the city, in behalf of or payable to the contractor or other person, corporation or concern, which certificates shall be made negotiable, shall be issued in such denominations and payable at such time or times, either for one (1) year or more than one (1) year, in the discretion of the mayor and council, and shall bear such legal rate of interest as may be fixed by council, interest to be payable annually or semi-annually, and principal and interest to be paid at such place or places as may be fixed by said mayor and council; said certificates to be based upon the executions issued against the abutting property and the owners thereof for such street or sidewalk improvements aforesaid. (l) Negotiation of certificates . The mayor and council shall have authority to negotiate such certificates when issued to contractors for such improvements or parties furnishing material therefor, in settlement of such paving improvement provided herein, or for labor or material, or to negotiate them to banks, trust companies, or other persons or parties having money to lend, and thereby obtain the money to pay for such street or sidewalk improvement. (m) Payment of certificates . The mayor and council shall have the authority to collect assessments for such street or sidewalk improvement under such execution as may be issued by authority of said city, and use the money to pay for such improvement certificates thus issued, and to prescribe the terms, the rate of interest and the time and place of payment of such executions and of such improvement certificates. (n) Additional powers . The city, through its mayor and council, shall have all other necessary authority to accomplish such street or sidewalk improvements, in a manner to be provided by proper ordinance or ordinances to be adopted by said city. Section 4-20. Same Maintenance, Drainage, Repair . (a) Scope of authority . The mayor and council of the city shall have full power and authority to pass all laws and ordinances

Page 3502

necessary for the drainage and proper maintenance and care of the streets, alleys, sidewalks and other public places of said city; to provide for the paving, grading, macadamizing, curbing, or otherwise improving, for travel or drainage, the same or any part thereof; or to regrade, repave, recurb, remacadamize, or repair in any way the pavement, curbing, grade or drainage of the same, as provided in section 4-18, whenever in the judgment of the said mayor and council, the same becomes necessary or advisable. (b) Manner of payment . The said mayor and council shall have the right and authority to provide, by ordinance, how said paving, grading, macadamizing or repairing, maintenance and care of the same shall be paid, whether by the city or whether by the adjacent landowners or by both, as provided in section 4-18. Section 4-21. Right-of-Way of Railroad; Maintenance, Repair . The mayor and council shall have full power and authority to enact all laws and ordinances to require any railroad company having or which may hereafter have tracks running in, along, across or through the streets, alleys or public ways of said city, which have been improved, to macadamize or otherwise pave and improve as the mayor and council may direct, the width of their tracks, and two (2) feet on each side thereof, and to require said companies to repair or repave their aforesaid portions as the mayor and council may direct; and the mayor and council shall have the power and authority to enforce the provisions of this section by appropriate ordinances. Section 4-22. Construction, Paving, Repair of Streets, Pavements by Abutting Owners . (a) Authority of city to require work . The mayor and council of the city shall have full and complete power and right to direct the mode, manner and style in which all street crossings, sidewalks, and pavements shall be constructed, paved, or unpaved, by the abutting property owners, and in case of failure or refusal of any property owner, after ten (10) days' notice to comply with the ordinance of said city in reference to the construction, paving or repairing of the sidwalks, pavements

Page 3503

or street crossings, the mayor and council of said city are hereby authorized and empowered to prescribe that said owners be fined in a sum not exceeding two hundred fifty dollars ($250.00) and to collect the same by execution. (b) City may do work . The mayor and council may also direct their officers or employees to carry out and execute the provisions of said ordinance in reference to sidewalks, pavements and street crossings at the expense of the owner so refusing or failing to comply with said ordinance. (c) Execution for expenses . The mayor and council shall be empowered to issue execution for said bill of expense against said owner, and to levy and collect the same, as in cases of execution for taxes. Section 4-23. Supervision, Regulation of Public Work . The mayor and council may prescribe by ordinance or resolution any and all public work to be performed in the city and the method of doing the same, and shall have charge of the performance of all such public work. Section 4-24. Fixing Manner of Executing Public Work or Improvement . Any public work or improvement may be executed either by contract or by direct labor, as may be determined by the mayor and council. Before authorizing the execution by any city department of any work or improvement, detailed plans and estimates thereof shall be submitted to the mayor and council by said department, and there shall be separate accounting as to each work or improvement so executed. Section 4-25. Water System, Sanitary Sewer System; Establishment, Maintenance, Use . (a) Authority . The mayor and council of the city shall have power and authority to provide for a water system and for a sanitary sewer system and for the maintenance thereof; to require property owners to make connection from their premises to such system or systems; to provide for fixing a lien against the premises of any property owner who fails or refuses to make such connections; to charge the cost against the said owner

Page 3504

and make it a personal liability; and to fix penalties for failure to make such connections. (b) Places to be filled in. The mayor and council of said city shall have power and authority to require all surface wells, dry wells or similar places to be filled in at the expense of the owner, and should the owner fail or refuse to fill the same within a reasonable time as the mayor and council may direct, the same shall be done by the city, and the expense thereof shall be collected from the owner in the same manner as taxes are collected. (c) Ordinances to implement section. The mayor and council are hereby authorized and empowered to enact such ordinances as may be necessary to fully accomplish the provisions of this section. Section 4-26. Authority to Extend Water, Sewerage System; Assessment of Cost. (a) The mayor and council shall have power to extend the water system and the sewer system at such time as the same shall be established, to any portion of the city within the corporate limits of said city, provided that two-thirds (2/3) of the cost of said extension is paid by the owners of the property to which said extension is made; and to extend said systems, or either of them, to any place beyond the corporate limits deemed feasible by the mayor and council. The mayor and council shall have power to provide for such extension by proper ordinance, including provisions that all cutoffs therefor be installed by the owners of the property served. (b) The exercise of this provision shall be optional, however, with said owners and shall in no way affect the right of the mayor and council to extend the water system and the sewerage system when the same shall have been established, by the expenditure of funds from the treasury, but where there are no such funds they may comply with this provision at the instance of owners who desire such services under this provision. Section 4-27. Water, Sewerage, Electric and Natural Gas Systems; Maintenance, Repair, Extension. (a) Authority of

Page 3505

city. The mayor and council of the city shall have the power and authority to establish, maintain, equip, repair, extend, enlarge, and in any way improve the present system of waterworks in the city, for the purpose of supplying its inhabitants and the city and consumers generally, with water; and the mayor and council shall have the power to do any and all things necessary for such purpose, to contract with any person or persons, firms or corporations, for the purchase of land or premises to be used in connection therewith, whether within or without the city, and to contract for the purchase of easements over lands and premises to be used in connection therewith, whether the lands and premises over which easements are desired are within or without the limits of said city, and if necessary for any or all of such purposes to condemn the same as hereinafter provided. (b) Purchases, construction. Said mayor and council in the name of the city shall have full power and authority to make purchases of plants, machinery and any and all articles and things that may be necessary or advisable for the proper equipment of said plants and for the purpose of properly repairing and maintaining the same, or for the purpose of extending, enlarging, or in any way improving said plant; to build and erect structures, build, shape and furnish the same with machinery, tools and equipment that may be necessary or expedient in the care and maintenance of said plants, and generally to have the power and authority to do any and all things necessary or expedient to the upkeep, care, maintenance and improvement of said plants, or the extension or enlargement thereof. The right to repair and maintain said plants, and to purchase such articles and things for such purposes, shall be exercised by the mayor and council. (c) Application to new systems. The mayor and council of the city shall have the full power and authority to establish and maintain new systems of waterworks, electricity, sewerage, natural gas, or any of them, whenever it may be necessary or advisable for the purpose of furnishing and supplying its inhabitants, and the city and consumers generally with water, sewerage, electric lights and natural gas,

Page 3506

or any of them, and when such power and authority is exercised, the said mayor and council shall have the same rights, powers and privileges and shall be subject to the same duties and responsibilities for the erection, equipment, care, maintenance, repairing and improvement thereof, and the making and enforcement of contracts for the furnishing of services from such systems, or any of them, to the inhabitants of said city and nonresidents thereof, together with the right to acquire, own, possess and condemn lands and premises for such purposes, whether within or without the limits of said city, as are herein conferred upon and granted said mayor and council respecting the present system owned and operated by the city; provided, however, that the provisions hereof shall be subordinate to the provisions of existing franchises for such services. Section 4-28. Furnishing Water, Sewerage, Electrical, Gas Services. (a) Contracts authorized. The mayor and council in the name of the city shall have the right and authority to make contracts with the inhabitants of the city, and to consumers generally, whether residents of said city or residents without the limits thereof, for the furnishing of water, and for the furnishing of electric lights and power, sewerage, natural gas or any of them, in the event such systems are hereafter acquired, operated and maintained, at such rates and under such rules and regulations as the mayor and council may provide. (b) Fixing rates and charges. The mayor and council shall have power and authority to fix all rates and charges made for any such public service owned and operated for and by the city. Section 4-29. Franchises for Water, Electric, Sewer, Gas Services. (a) Authority of city. The mayor and council shall have full power and authority to grant franchises over its streets and other public property to any persons, firms or corporations for the furnishing of water, electric lights and power, sewerage, natural gas, or any of them, to the city and its inhabitants and to make such contracts with such persons, firms or corporations for such services as the mayor and council may deem proper.

Page 3507

(b) Enactment of appropriate legislation. The mayor and council of the city are hereby authorized and empowered to enact all laws, ordinances; rules and regulations necessary to carry out and accomplish the purposes of this section; provided however, that no provision of an existing franchise shall be impaired. Section 4-30. Condemnation of Property for Water, Electric, Sewerage, Gas Services. (a) Authority of city. The mayor and council, in the name of the city, shall have full power and authority to condemn any lands or premises, within or without the city, for the purposes of establishing and maintaining water work systems, sewerage systems, drainage systems, natural gas systems and electrical distributing systems, or any of them, for said city, or for the purpose of maintaining, extending, enlarging or improving said systems, or any of them, and for either or all of said purposes. (b) Regulation of proceedings. Whenever the right to condemn lands and premises herein granted is exercised, all proceedings in respect thereto shall be under the same terms and conditions as provided for in the general laws of this state with reference to the condemnation of private property for public use, as contained in the Code of Georgia of 1933, and referring to the condemnation of private property for public use, and as provided by Acts amendatory thereof. Section 4-31. Sale of Electrical, Water or Gas Plant and/or System. (a) Authority. The mayor and council of the city are hereby authorized and empowered by ordinance to contract to sell and sell upon such terms and conditions as they may determine, any water or other plant or system owned by the city, including distribution lines and all equipment, apparatus and property whatsoever, both real and personal, connected therewith and used as a part thereof, belonging to the city, and to cease operation of such system or systems, and to convey good and clear title thereto by deed of the city executed by its mayor. (b) Election required. At such time and place as shall be

Page 3508

fixed by the mayor and council of the city there shall be an election in said city by the duly qualified voters thereof, to authorize the selling of the system or systems, distribution lines and equipment, apparatus and property whatsoever belonging to said city, as the same then exists, said election to be held and determined as provided by said mayor and council of said city, in which election ballots shall be furnished setting forth the question whether such sale shall be consummated. (c) Effect of election. If a majority of the legal voters of said city cast their votes in favor of selling said plant and its equipment, then the mayor and council of said city shall be authorized to sell the same. If a majority of legal voters of said city cast their votes against the selling of the same, then the mayor and council shall be without power and authority to sell said plant and equipment. (d) Notice of election. No election shall be held without first advertising the same in some newspaper published in said city once a week for four (4) weeks prior to the time of holding said election. (e) Place of election. Said election shall be held at the place of holding elections in said city for mayor and councilmen. (f) Qualifications of voters. The qualifications of voters shall be the same as are required of voters in elections held in said city for mayor and councilmen. Section 4-32. Bond Issues for Debts, Public Improvements. The city may issue bonds for the payment of its debts or for public improvements, but such bonds shall be issued only in accordance with and under the provisions of the laws of Georgia as found in the Code of Georgia of 1933. Section 4-33. Levy of Ad Valorem Tax for General City Purposes. (a) Amount, scope of tax. The mayor and council shall have power and authority to levy and collect a tax annually, for general city purposes, of not more than twenty-two and one-half (22) mills, upon each dollar of assessed

Page 3509

valuation, upon all and every species of property, both real and personal, within the limits of the city, including bonds, notes, debts, choses in action, moneys employed in banking and otherwise, and to enforce the collection of same by execution, levy and sale as the mayor and council shall provide. (b) Due date, collection. The mayor and council shall have power and authority to provide by ordinance when such taxes of said city shall be due, in what length of time said taxes shall be paid, when tax executions shall issue against defaulters, and to fix a penalty for the nonpayment of taxes when due. Section 4-34. Authority to Assess, Levy and Collect Ad Valorem Tax for Bond Purposes. (a) Scope of authority. The mayor and council of the city shall be and are hereby authorized and empowered to annually assess, levy and collect, in addition to all other taxes authorized to be levied under this charter, a tax on all the property, both real and personal, in the corporate limits of said city in such sums as they may deem right, proper and necessary for the specific purpose of paying the interest on all bonds outstanding, or which are issued under the provisions of this charter, and also to create a sinking fund sufficient to redeem and pay off all bonds outstanding or which are issued under the provisions of this charter, at their maturity. (b) Use of funds. All taxes so assessed, levied and collected shall be kept separate and distinct from all other taxes and shall be used solely for the payment of the interest on all bonds as it accrues and for the creation and accumulation of a sinking fund for the payment of the principal of all bonds outstanding against the said city or which are issued under this charter. (c) Due date, collection. The mayor and council shall have power and authority to provide by ordinance when such tax shall be due, in what length of time such tax shall be paid, when tax executions shall issue against defaulters, and to fix a penalty for the nonpayment of such taxes when due.

Page 3510

Section 4-35. Authority to Assess, Levy and Collect Ad Valorem Tax to Assist Development Authority. (a) Scope of authority. The mayor and council shall have power and authority annually to assess, levy and collect a tax not exceeding three (3) mills upon each dollar of assessed valuation, upon all and every species of property, both real and personal, in order to assist in defraying the cost of operation of a development authority should one be hereafter created for the benefit of the city, by making appropriations thereto. (b) Due date, collection. The mayor and council shall have power and authority to provide by ordinance when such tax shall be due, in what length of time said tax shall be paid, when tax executions shall issue against defaulters, and to fix a penalty for the nonpayment of such taxes when due. Section 4-36. Authority to Assess, Levy and Collect Garbage and Sanitation Tax. (a) Scope of authority. The mayor and council shall have the power to assess, levy and collect an annual tax in an amount necessary to defray the cost of garbage collection service, upon each and every city lot occupied by a resident, and upon each store or other place of business in said city. Vacant lots shall not be assessed. (b) Prerequisites. Before the imposition of such tax, the city shall establish a city garbage collection system and operate it at all times for the collection of all refuse and garbage from all lots so taxed for sanitary purposes, which said city is authorized to do by ordinance. (c) Use of funds. The funds arising from this tax must be used for the purpose of city sanitation and for no other purpose. Section 4-37. Returns of Property for Taxation; Determination of Due Dates. The mayor and council of the city shall have the power to provide by ordinance for the return of all real and personal property for taxation, to provide for compelling such return, and to provide penalties for failure to do so, to double tax defaulters, after due notice and hearing

Page 3511

to be prescribed by the mayor and council, for the current or any previous years, not in conflict with any limitation prescribed by the laws of Georgia; and to prescribe the time or times at which said returns are due. Section 4-38. Executions for Taxes, Licenses, Other Demands. (a) Issuance, contents, procedure thereunder. Executions for any and all taxes or licenses, or demands of any sort due the city or its corporate authorities by any person, firm or corporation, or against any property subject thereto, shall be issued by the clerk, be signed by him, bear teste in the name of the mayor, and be directed to the chief of police of said city and his deputies and to all and singular the sheriffs, deputy sheriffs and constables of this state, commanding them that of any property belonging to the defendant against whom said execution is issued, or of certain property described in the execution, they make by levy and sale the amount due on the execution with all costs. The mayor and council shall, by ordinance, provide the time, place and advertisement of, method of conducting, and all regulations governing sales by the chief of police under said executions. The sheriffs, deputy sheriffs and constables of this state shall proceed in the same manner to levy and collect said executions as they do executions issued from the respective courts of which they are an executive officer. (b) Laws, presumptions governing executions. 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. (c) Laws, rules, presumptions governing deeds. All deeds executed under levy of executions in favor of the city for taxes, licenses, special assessments, fines or forfeitures, shall be governed by the laws and rules of execution which apply to deeds executed by the sheriffs under levy of execuitions for state and county taxes, and shall be subject to all presumptions of law and fact which apply to deeds executed

Page 3512

by sheriffs under levy of executions for state and county taxes. Section 4-39. Contesting Assessment of Property for Taxes. (a) Appointment of arbitrators. If any taxpayer is dissatisfied with the assessment made of his property, either real or personal, by the city tax assessors, such taxpayer shall, within ten (10) days after the assessors have made their return to the mayor and council, in the case of resident owners, and within twenty (20) days of such return in case of nonresident owners, file written notice with the clerk of council of his dissatisfaction, and shall name in his said notice one (1) arbitrator, a freeholder of the city, to represent him in fixing the fair market value of his said property. Upon such notice being filed with the said clerk, it shall be his duty to notify the city tax assessor of that fact, and it shall be their duty within three (3) days to name an arbitrator, who shall also be a freeholder of the city, to represent said city in fixing the fair market value of the property in dispute; the two (2) arbitrators so elected shall be immediately notified of their designation by the city clerk and shall forthwith select an umpire, who shall also be a freeholder of the city. In the event the two (2) arbitrators fail to name the umpire within twenty (20) days after their appointment, he shall be named by the mayor and council. (b) Authority of arbitrators. The board of arbitrators so constituted shall proceed within ten (10) days from the date of the naming of the umpire, to give their awards as to the fair market value of such property, which awards shall be returned to the city clerk, and shall be final on both the city and the taxpayer. Section 4-40. Licensing, Regulating Businesses, Occupations, Trades, Callings and Pursuits. (a) Scope of authority. The mayor and council of the city shall have the right and authority to tax, license, regulate and control by ordinance, all businesses, occupations, trades, callings, pursuits and professions and any and every other type of commercial activity conducted or carried on in the city, and which under the Constitution and laws of this state are subject to license, regulation and tax.

Page 3513

(b) License restrictions. The mayor and council shall also have the right by ordinance to fix and prescribe the amount of said taxes and licenses; to provide where the same shall be paid; to provide for the revocation of any or all licenses issued pursuant to this section; and to provide penalties for the violation of any of the provisions thereof. Section 4-41. Registration, Special Tax on Trade, Business, Vocation, Profession, Trade, Calling, Pursuit. The mayor and council shall have full power and authority to adopt ordinances as authorized by the laws of Georgia to require any person, firm or corporation, whether a resident or nonresident of the city, engaged in or carrying on or who may engage in or carry on any business, trade, pursuit, calling, vocation, or profession, within the corporate limits of said city, either by themselves or by their agent or agents, to register their names and business, trade, pursuit, calling, vocation or profession, annually, and to require such person, firm or corporation to pay for such registration such amount as the mayor and council may by ordinance prescribe; and to provide for the punishment of all persons, firms or corporations who are required by ordinance to pay the said special tax and register, who shall engage in or offer or attempt to engage in such business, calling or profession without first complying in all respects with the ordinance in reference thereto. Section 4-42. Licensing, Regulating Control of Signs, Billboards. The mayor and council shall have power and authority by ordinance to license, regulate, control and prohibit the erection of signs or billboards; and to provide penalties for the violation of any of the provisions of such ordinance. Section 4-43. Authority to Borrow Money. The mayor and council of the city shall have the power and authority to borrow money for the use of said city by making a temporary loan or loans to supply casual deficiencies of revenue, not to exceed one per cent (1%) of the assessed value of the taxable property within any one year; the sum or sums so borrowed shall be paid from the income of the city for the fiscal year in which the loan or loans are made, and before

Page 3514

the expiration of the fiscal year in which the same were made. Section 4-44. Authority to Provide for Depository of City Funds. The mayor and council of the city may select some bank in the state as a city depository, and may require the treasurer or other appropriate officer of said city to deposit all funds of the city therein. Said depository may be selected upon such rules, regulations, conditions and requirements as the mayor and council may by ordinance prescribe. Section 4-45. Zoning and Planning. The mayor and council of the city are hereby authorized to pass and enforce zoning and planning laws whereby said city may be zoned or districted for various uses and other or different uses provided therein, and regulating the use for which said zones or districts may be set apart and to regulate the plans for development and improvement of real estate therein, provided said zoning and planning laws are consistent with the Constitution and conform to the provisions of Chapter 69-12 of the Code of Georgia of 1933, as amended, which said city (by and through its mayor and council) may deem necessary or proper, to promote the public health, safety, morals, order, comfort or general welfare. Section 4-46. Authority to Regulate Traffic. The mayor and council of the city shall have the power and authority to control and regulate the running of bicycles, automobiles, motorcycles and any and all other kinds of vehicles in the city, whether said vehicles are propelled by hand, foot, steam, electricity or other motive power; to prescribe the rate of speed and the manner in which the same may be run, and the qualifications of the drivers, chauffeurs or operators of said vehicles; to provide for the registration of said vehicles, and to do any, all and every act and thing necessary or incident to the safety of the same and of the public. The mayor and council of said city shall have the authority to accomplish the provisions of this section by ordinance and to provide penalties for the violation thereof. Section 4-47. Railroad Trains; Speed, Operation. The

Page 3515

mayor and council of the city shall have full power and authority by ordinance to regulate the speed and operation of railroad trains on, along or across the streets, avenues or alleys of the city; to make it a penal offense for any railroad company, its agents or employees to block or obstruct any street crossing, with railroad trains, cars or engines any longer than is necessary for said trains, cars or engines to pass over said crossings; and to regulate in any other way the running or operation of railway trains within the city limits, as it may deem necessary to protect and safeguard the public and to provide penalties for the violation of any of the provisions of this section. Section 4-48. Authority to Regulate Vehicles for Hire. The mayor and council of the city shall have the full right and power, by ordinance, to regulate all vehicles of every kind and description used in the city for hire or profit in the transportation of passengers, freight, drayage or either or all of them; to provide for the inspection of same; to fix the rates of fare therefor; and to fix and prescribe penalties for violation thereof. Section 4-49. Regulating Plumbers and Plumbing. The mayor and council shall have the power and authority by ordinance to provide for the regulation and control of plumbers and plumbing work, and to secure efficiency in the same. Section 4-50. Authority to Regulate Storage, Sale of Explosives, Combustibles; Sale, Discharge of Fireworks. The mayor and council of the city shall have the right, power and authority, by ordinance, to regulate the keeping of gunpowder, dynamite, petroleum oils, turpentine, and any and all other kind of explosives or combustible materials; and to prescribe penalties for violations of such ordinances. Section 4-51. Authority to Regulate Cemeteries. (a) Generally. The mayor and council shall have exclusive jurisdiction over all cemeteries belonging to the city. They may make such appropriations as may be necessary for the care and supervision of same, and may enact ordinances and provide penalties for the purpose of preventing trespass thereon.

Page 3516

(b) Fees and charges. They may regulate the charges of gravedigging and interment, hearse fees, and any and everything pertaining to the proper care and operation of such cemeteries; including the sale of lots or right to bury thereon. They may prescribe such fees for burials as they may deem proper, and may enforce the collection of such fees, as they may by ordinance provide. Section 4-52. Removal of Ice, Snow, Debris, Overhanging Limbs. The mayor and council shall have power and authority to remove within a reasonable time, ice, slush, snow and other debris from sidewalks and to require the owner, agent or lessee owning, occupying or controlling the abutting property to remove all such ice, snow and other debris, and all low-hanging limbs from trees adjacent to such sidewalks. Section 4-53. Keeping, Handling of Animals and Fowl. The mayor and council of the city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, goats, dogs, chickens and all other animals and fowl from running at large in said city; to regulate, prevent or prohibit the keeping of certain animals within the city limits, or to regulate the number and manner in which they must be kept, if allowed; and shall have full power and authority to take up and impound any of such animals and punish all owners of any of such animals who shall fail or refuse to obey such ordinances as may be adopted by the mayor and council of said city to carry out and accomplish the purposes of this section. Section 4-54. Taxation, Registration, Keeping of Dogs. The mayor and council shall have the authority to levy and collect such tax as they may deem proper upon dogs kept within the limits of said city; to provide for the registration thereof, and to prescribe such ordinances respecting the keeping of dogs as may be deemed proper, and to prescribe punishment for violation of said ordinances. Section 4-55. Establishment, Operation of Municipal Pound. The mayor and council shall have authority to establish a pound for the impounding of animals, and to change

Page 3517

the same whenever they see proper; to fix a schedule of charges and penalties to be paid by the owners of such impounded animals before they are released from said pound; to regulate the mode of manner of sale or disposition of impounded animals where no owner appears, or when payment of the impoundment fees charged, penalties, or costs is refused; to provide for the disposition of the proceeds of the sale of impounded animals; and to provide for the punishment of all persons, who, without authority, shall break into the pound or interfere with the operation thereof. Section 4-56. Cruelty to Animals. The mayor and council shall have power and authority to prohibit the inhuman treatment of animals and provide punishment therefor. Section 4-57. Prohibiting, Punishing Beggars, Prostitutes. The mayor and council shall have the power and authority to restrain and punish vagrants, mendicants, beggars and prostitutes. Section 4-58. Authority to Provide for Working of Convicts, Custody of Prisoners. (a) Scope of authority. The mayor and council shall have full power and authority to provide for the working of the convicts from the police court upon the streets and other public places and works of said city; to maintain, establish and equip, a jail, prison or guard house in said city for the safekeeping of prisoners and persons charged with violating the laws and ordinances of said city; and to provide for the care of such prisoners. (b) Ordinances to implement provisions. The mayor and council shall have the authority to enact such ordinances as are necessary to carry out the provisions of this section. Section 4-59. Hospitals, Similar Institutions; Establishment, Operation. The mayor and council shall have power and authority to establish, maintain and regulate such hospitals, orphanages and charitable institutions as may be deemed expedient by the governing authority. Section 4-60. Participation in Emergency Plans With

Page 3518

Disaster Stricken Cities. The mayor and council are hereby authorized to provide by ordinance or resolution for participation by the city in emergency procedure plans whereby the mayor, or in his absence the mayor pro tem, shall be authorized to furnish city equipment, machinery, services, supplies and personnel to other cities during time of emergency therein; provided however, that in the event of such participation, liability insurance coverage and other applicable insurance coverage shall remain in force and effect respecting any equipment, machinery, services, supplies or personnel furnished by the city under such plan; and provided further, that the mayor and council may provide by ordinance or resolution for the withdrawal of the city from such plan at any time. ARTICLE V. POLICE COURT Section 5-1. Continued, Designated. The mayor's court of the city, created under and by virtue of the provisions of Georgia Laws 1912, Act No. 423, page 1141, section 10, is hereby continued, but shall hereafter be known and designated as the Police Court of the City of Milner. Section 5-2. Presiding Officer Designated. Until such time as the office of city recorder is established and a recorder is selected, sessions of the police court shall be held and presided over by the mayor, or in his absence by the mayor pro tem, or in his absence by a councilman designated by the mayor for the purpose. Section 5-3. Time Place of Sessions. Sessions of the police court shall be held and presided over at the city hall building in the city, or at such other place in said city as the mayor or council may direct, daily or at such times as in the judgment of the presiding officer of said court may be necessary. Section 5-4. Scope of Jurisdiction. The jurisdiction of the police court shall extend over all violations of the laws and ordinances of the city and all other laws of which municipalities are allowed jurisdiction under the laws of

Page 3519

the State of Georgia, whenever said violations and offenses are committed within the corporate limits of the city. Section 5-5. Jurisdiction Extended Beyond City Limits. The city shall have the power and authority to exercise police power over all property beyond the limits of the city but owned by the city, and jurisdiction of violations of the ordinances of the city in and over such territory is hereby vested in the police court of the city. Section 5-6. Powers Enumerated. The police court and the presiding officer thereof shall have the following powers: (a) Contempt. To punish for contempt against its lawful authority whether in its presence or otherwise; (b) Summonses, subpoenas. To issue summonses and subpoenas for witnesses and compel their attendance whether residents of the city or not; to issue subpoenas duces tecum for witnesses and the production of books and papers whether in the city or not, and compel their production; to compel the presence of witnesses by imprisonment if necessary and to take bonds to secure their attendance and to forfeit said bonds before said police court; and to punish, as for contempt, failure to obey its legal summonses and orders; (c) Continuances. To grant continuances under rules of law; (d) Bonds, recognizances. To take bonds and recognizances for persons charged with offenses against the laws and ordinances of the city for their appearance at its sessions from time to time, until the principal in said bond is tried for the offense charged, in such amount as may be deemed sufficient to compel their appearance; and to forfeit all appearance bonds when the principal shall fail or refuse to appear at said court at the time and places specified therein, under such rules and regulations as the mayor and council of said city shall by ordinance prescribe; and

Page 3520

(e) Enforcement of authority. To do, generally, all other acts and things necessary for the proper enforcement of its authority. Section 5-7. Trial of Violations Against City Laws and Ordinances; Limitation Upon Penalty. The presiding officer of the police court shall have the power and authority to try all offenses and violations against the laws and ordinances of the city, committed within the corporate limits thereof, and upon conviction, to punish offenders by a fine not exceeding two hundred fifty dollars ($250.00), by imprisonment in the city jail or guardhouse for any term not exceeding ninety (90) days, or by compulsory work, not exceeding ninety (90) days, on the streets or upon any of the public works of said city, or by any combination of such penalties, as the presiding officer of said court may direct. Section 5-8. Imposition of Punishments. Any or all of the punishments prescribed in section 5-7 may be inflicted in the discretion of the presiding officer of the police court, and such presiding officer shall have the authority to impose any of the above punishments in the alternative. Section 5-9. Limitation Upon Punishment for Contempt. The police court shall have the power and authority to punish for contempt by fine not exceeding twenty-five dollars ($25.00), or by imprisonment in the city jail or guardhouse not exceeding ten (10) days, either or both, in the discretion of the presiding officer of said court; provided that a continuous failure or refusal by any person to obey the lawful orders and summonses of said court shall be deemed a continuous contempt, and the said court may imprison such person until its lawful orders are obeyed. Section 5-10. Execution, Levy, Sale to Enforce Collection of Fine. Whenever any person is convicted and sentenced to pay a fine or to imprisonment or to work upon the streets of the city or other public works thereof, and fails or refuses to pay said fine, the City shall have the right to enforce the collection thereof by execution, levy and sale

Page 3521

in the same way and manner as the collection of taxes is enforced in the city. Section 5-11. Criminal Jurisdiction of Justice of the Peace Vested in Presiding Officer. The presiding officer in the police court of said city, shall have, in addition to the jurisdiction hereinbefore conferred, criminal jurisdiction of a justice of the peace, and when it shall appear upon the trial of any case in the police court of said city, that an offense against the laws of the state has been committed within the limits of said city, it shall be the duty of the officer presiding in said court, to make a thorough investigation into the facts and to commit the offender to jail or to bail to answer to the court having jurisdiction of the offense if the offense is bailable. Section 5-12. Jurisdiction to Try Nuisances, Require Abatement. The police court of the city shall have concurrent jurisdiction with the mayor and council of the city in respect to the trial and abatement of all nuisances in said city. Section 5-13. Right of Trial Upon Written Accusation. All trials in the police court of the city shall be had without written pleadings of any kind unless the defendant shall, upon the calling of the case, file a written demand with the city clerk that an accusation, in writing, shall be preferred against him, in which event a written accusation, in form substantially as follows: Georgia, Lamar County, City of MilnerIn the Police Court of the City of Milner: I,....., chief of police (or policeman) of said city, in the name and behalf of the City of Milner, charge and accuse..... of the offense of....., contrary to the laws and ordinances of said city, the good order, peace and dignity thereof, shall be preferred against the defendant, signed by the officer making or prosecuting the case, and filed in said court,

Page 3522

whereupon the defendant shall enter his plea thereon in writing and upon the issue thus formed the case shall proceed to trial and disposition. Section 5-14. Appearance BondsAmount, Conditions, Effect. The chief of police or any policeman of the city shall release any person arrested for a violation of the laws and ordinances of said city, upon said person giving a cash bond or surety bond with good and sufficient security to be approved by the chief of police or the assistant chief, or in their absence by the senior officer on duty, payable to the mayor of said city, in an amount fixed by the said chief of police or the assistant chief, or in their absence by the senior officer on duty, for the personal appearance of such person before the police court of said city at the time and place therein specified, to answer the charges against him, and from time to time until the principal in such bond is tried and the case disposed of, and not to depart from thence except by leave of the court, except when the offender is violent, in which case bail may be refused. Section 5-15. SameForfeiture. In the event the principal fails to appear before the police court as stipulated in his appearance bond, said bond shall be forfeited in said court and the presiding officer thereof shall have the power and authority to order the principal in said bond re-arrested and placed in the city jail or guardhouse until such case shall be tried and disposed of, or to admit the defendant to bail, as he may deem proper. Section 5-16. Certiorari to Review ConvictionPrerequisites. Any person convicted in the police court in the city for a violation of any of the laws and ordinances of said city shall have the right to certiorari to the Superior Court of Lamar County, provided all costs are first paid to the city clerk, who shall, upon payment thereof, certify in writing that the same have been paid and bond and security given in at least double the amount of the fine which can be imposed, to personally appear, stand to and abide by the final judgment in said case; and if no fine is imposed and the defendant is sentenced to work on the street or other public works in said city, then a like bond shall be given,

Page 3523

the amount of which shall be fixed by the presiding officer of said police court. Section 5-17. SameBonds to be Approved. All bonds given in certiorari cases shall be approved by the presiding officer in the police court. Section 5-18. SameAffidavit in Forma Pauperis. Nothing in sections 5-16 through 5-20 shall prevent the defendant if he desires to certiorari his case, from filing the usual affidavit in forma pauperis in lieu of giving bond and security and the payment of the costs. Section 5-19. SameAffidavit, Bond to Act as Supersedeas. Upon the affidavit provided for in section 5-18 being made or the bond provided for in section 5-16 being given, the same shall act as a supersedeas of the judgment sought to be reviewed by certiorari, until the final judgment is rendered in said case. Section 5-20. SameRules and Regulations Applicable. All certiorari shall be governed under the same rules and regulations, except as otherwise provided herein, as are provided by law for the carrying of cases by certiorari from the Court of Ordinary to the Superior Court. Section 5-21. City RecorderCreation, Establishment of Office. The mayor and council of the city may, whenever in their judgment they see fit, create the office of city recorder for said city and elect an upright and intelligent person reasonably skilled in the law, to perform the duties of that office. Section 5-22. SameQualifications, Oath of Office. The recorder shall be a qualified voter of Lamar County and shall take and subscribe to such oath as the mayor and council shall by ordinance prescribe. Section 5-23. SameTerm of Office. The recorder may be elected at any time that in the judgment of the mayor and council his services may be necessary or desirable, and he shall hold his office for a term of one year, or until the

Page 3524

qualification of the mayor and council following the next city election, and until his successor is elected and qualified. Section 5-24. SameCompensation. Whenever the mayor and council in their judgment see fit to create the office of city recorder and elect a person to perform the duties of that office, they shall also fix his compensation therefor. Section 5-25. SameDuty to Preside in Police Court. It shall be the duty of the recorder to preside in the police court of the city in all cases, except when providentially hindered or when absent from the city, or when he may be disqualified. In either case the mayor or in his absence the mayor pro tem or in his absence a councilmen designated by the mayor shall preside as acting recorder with the same power that is vested in the recorder. ARTICLE VI. PENALTIES AND PROCEDURES ON ARREST. Section 6-1. Authority to Arrest, Confine Persons Arrested. The chief of police and all policemen of the city shall be fully authorized and empowered to arrest any person within the corporate limits of the city charged with an offense against its laws and ordinances and to imprison and confine such persons arrested by them in the city jail or guardhouse, or in the jail of Lamar County until trial, or to admit them to bail as provided in this charter. Section 6-2. Territorial Scope of Power to Arrest. The chief of police and the policemen of the city shall be authorized to arrest anywhere within the limits of this state any person charged with a violation of the laws and ordinances of the city upon a warrant from the proper officer of said city authorized to issue the same. Section 6-3. Arrest for Violation of City Laws, Ordinances. In no case, except as herein otherwise provided, shall the chief of police or any policeman of the city make any arrest of any person charged with a violation of any of the laws and ordinances of said city without first having

Page 3525

procured from the mayor, mayor pro tem or recorder of said city (each of them being hereby authorized and empowered to issue warrants for the apprehension and arrest of persons charged with violating any of the laws and ordinances of said city), a warrant for the arrest of such persons, unless the offense or violation is committed in the presence of such arresting officer, or the offender is attempting to escape, in which event said officer may arrest and detain such person until a proper warrant can be secured authorizing the offender's further detention. Section 6-4. Arrest for Violation in Presence of Officer. It shall be the duty of the chief of police and the policemen of the city to arrest any person violating any of the laws of this state in their presence and to immediately carry such persons before a magistrate and see that a proper warrant is sworn out. Section 6-5. Authority to Arrest Without Warrant. The Chief of Police and the policemen of the City may arrest without warrant in all cases where authority is given to arresting officers of this State by the laws of Georgia for making arrests without a warrant. Section 6-6. Service of Summons in Lieu of Arrest. Upon information that an offense against the citys' laws and ordinances has been committed, and said violation has not been committed in the presence of a police officer of the city, but said police officer is satisfied that the person charged with such offense is not likely to leave the city to escape arrest under a warrant, he shall serve upon said person a written summons to appear before the police court at its next regular session to answer such charge. Section 6-7. Failure to Obey Summons. If the person served with a summons as provided in section 6-6 refuses to obey such summons, he shall be deemed in contempt of the police court and shall be punished accordingly. Section 6-8. Use of Warrant to Prevent Accused From Leaving City. If a police officer of the city has reason to believe that an accused person will leave the city and not

Page 3526

obey a summons served as provided in section 6-6, said officer shall obtain a warrant from the proper officers of the city for the arrest of said person, and shall imprison said person until a trial is had before the police court, or the accused is admitted to bail for his appearance before the police court at its next regular session to answer the charge against him. Section 6-9. Arrest for Violation of State Laws. It shall be the duty of all police officers of the city in all cases where they know that state laws are being violated in the city, to apply to the nearest magistrate for a warrant for such person and have the same executed. Section 6-10. Authority to Execute Warrants for Violation of State Laws. The chief of police and the policemen of the city shall be authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person with a violation of any of the criminal laws of this State. ARTICLE VII. REGISTRATION OF VOTERS Section 7-1. System for Registration of Voters Adopted. A system for the registration of voters is hereby established for the city. Section 7-2. Scope of Registration Provisions. No person shall be allowed to vote in any election of any kind held in the city without having first registered in accordance with the provisions of this article, the provisions of Chapter 34A-5 of the Code of Georgia of 1933, as amended, and such ordinances or regulations as may be adopted hereunder; and the mayor and council are hereby empowered to adopt such ordinances and regulations as may be deemed proper to carry out the purposes of this article. Section 7-3. Qualifications of Applicant for Registration. Any voter registering under the provisions of this article shall be a qualified voter as long as he remains a citizen of the City of Milner, meets all of the qualifications of electors prescribed in Section 34A-501 of the Code of

Page 3527

Georgia of 1933, as amended, and is otherwise qualified to register in any general election in the State of Georgia. Section 7-4. Form for Registration; Contents, Execution. The registrar or registrars of elections appointed by the mayor and council shall procure registration cards complying in form with the provisions of Section 34-609 of the Georgia Election Code, which card shall be properly filled in, and an oath shall be administered to the applicant for registration, and signed by him and attested by the registering officer. For this purpose the registering officer shall be authorized and empowered to administer oaths to the persons so registering. Section 7-5. Oath of Registrant. The registering officer shall require an applicant for registration to take the following oath before him: I do solemnly swear that I am a citizen of the United States; that I am at least eighteen (18) years of age, and am qualified by citizenship, residence and constitutional qualifications to vote for members of the General Assembly of Georgia in the County of Lamar; that I will have resided in the State of Georgia for not less than one (1) years, and in Lamar County for not less than six (6) months and in the City of Milner for not less than ninety (90) days next preceding this registration, or by the vote of the next city election if still a resident of this city I will have fulfilled these conditions; and that it is my intention to remain a resident of this city until the day of election, so help me God. When an applicant for registration is so sworn, and has signed said oath and the same has been attested by the registering officer, a minute of that fact shall be entered opposite his name on the registration list. Section 7-6. RegistrarsSelection, Term. At the first meeting of the mayor and council held after the passage of this Act, the mayor and council shall elect by ballot three (3) registrars for the city, one of whom shall be designated chief registrar, who shall serve at the pleasure of the

Page 3528

mayor and council, and until their successors are elected and qualified. Said registrars shall be qualified voters of said city. In the event of the death or resignation of any registrar his unexpired term shall be filled by the mayor and council. Section 7-7. SameOath. The registrars selected as provided in section 7-6, before entering upon their duties, shall take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law as registrar. Said oath shall be filed with the clerk of council and entered upon the minute books of the city. Section 7-8. SameCompensation. The mayor and council of the city shall have the power and authority to fix the compensation of registrars and to pay the same. Section 7-9. Actions of Registrars to be Public. All actions of the registrars in revising the lists of voters registered in the city shall be done in public, in the council chambers of the city. Section 7-10. Time for Opening, Closing Registration List. The registrars shall open at the city clerk's office, or at such other place as may be designated by the mayor and council, at least ten (10) days after notice of such change has been given, a list for the registration of voters, which list shall be kept open from 9:00 a.m. until 5:00 p.m. each and every day, Sunday excepted, until a day not later than three (3) days prior to such primary or election, when it shall be finally and absolutely closed at 5:00 p.m. on the last day. Section 7-11. Registration of Absent Persons. Any qualified voter who desires to be registered to vote shall be required to apply in person before the registering officer for such purpose.

Page 3529

Section 7-12. Duty to Prove Right to Register. No person unknown to the registering officer shall be allowed to register until he produces evidence of his residence in the city and his right to register. Section 7-13. Preparation, Revision, Certification of Registration Lists. In making a voters' registration list, and in revising such list, the registrars shall examine the grounds for disqualification of voters, and shall leave no person on said list who is not entitled to register, and shall strike no name from said list who is entitled to register and vote. After such registrars have fully completed their work in revising the voters' registration list, they shall file a certified copy of such list, alphabetically arranged, with the city clerk. Section 7-14. Revision of Lists to Exclude Disqualified Persons. In order to guide the registering officer in the discharge of his duties, he shall obtain from the proper authorities the list of disqualified voters for that year, as now or may be hereafter provided for by state law. The registering officer shall refuse to register any person whose name appears on these lists unless such person shall furnish satisfactory evidence that his disqualification has been removed. Section 7-15. Registrars to Hear Complaints. Five (5) days prior to the date of any election for any purpose, held in and for the city, the registrars shall, in open session in the council chamber, hear all challenges of the right of registration of any person whose name appears upon the voters' registration list. The procedure for deciding such challenges shall be provided by ordinance of the mayor and council. Section 7-16. Delivery of Voters' List to Clerk of Council. At least three (3) days prior to a primary or election, the registrars shall file one certified copy of the revised voters' list with the clerk of council for the inspection of all parties concerned. Section 7-17. Registration to be Permanent Unless Voter

Page 3530

Becomes Disqualified. All persons who register as herein provided and otherwise qualified to vote in the City of Milner shall remain permanently registered and shall be entitled to vote at all elections held by the City of Milner or its authorities so long as he may continue to be a qualified voter in said city, provided he does not become disqualified to vote, in which event said elector's name shall be stricken from the list of qualified voters by the board of registrars, which is hereby authorized to purge said list immediately to each election, as provided in Section 34A-515 of the Georgia Code of 1933, as amended. Section 7-18. List of Registered Voters to be Kept as Permanent List. The list of registered voters, prepared and purged as herein provided, shall be kept and retained on file in the office of the clerk of the mayor and council of the city as a permanent registration list, until the same has been superseded by a new list also prepared and purged as provided herein, at which time the superseded list may be destroyed. Section 7-19. Violation by Registrants. Any person who shall register illegally under this article or be guilty of a violation of Sections 34-1901 and 34-1902 of the State Election Code or Section 34A-509 of the Municipal Election Code pertaining to false statements and false registration, in registering under this article, shall be guilty of a misdemeanor, and on conviction shall be punished therefor. Section 7-20. Violations by Clerk of Council, Registrars. Should the clerk of council or registrars wilfully refuse to permit any person to register who is entitled to do so under this article or under Chapter 34A-5 of the Municipal Election Code, or fail to enter the name of any such person upon the records to be kept for that purpose, or should illegally remove the name of any such person from such record, or the lists prepared for holding such election, or shall wilfully enter the name of any person on such lists who is not entitled to register, then such clerk or registrar so violating shall be guilty of a misdemeanor, and on conviction thereof shall be punished as such.

Page 3531

ARTICLE VIII. ELECTIONS Section 8-1. Councilmen, Mayor to be Elected by Voters of Entire City. All councilmen and the mayor of the city shall be elected by the voters of the entire city, voting at large. Section 8-2. Residence Requirements of Candidates for Councilman, Mayor. In order to be eligible to be elected as a councilman or as mayor of the city, a candidate must be a resident and qualified and duly registered elector of the city on the date he qualifies to run for office, and at the time of election thereto. Section 8-3. Candidates for Council to Indicate Type of Candidacy. A candidate for office hereunder shall designate the specific office for which he is offering as a candidate. Section 8-4. Time of Election of Councilmen. On the first Thursday in January, 1971, and every two (2) years thereafter, three (3) councilmen shall be elected, to serve for two-year terms; provided however, that at said election in 1971 five (5) councilmen shall be elected, and the three candidates receiving the highest number of votes shall be elected for two-year terms, and the next two (2) candidates shall be elected for one-year terms. On the first Thursday in January, 1972, and every two (2) years thereafter, two (2) councilmen shall be elected to serve for two-year terms. Section 8-5. Time of Election of Mayor. A mayor shall be elected on the first Thursday in January, 1971 and on such day every two (2) years, to serve for a two-year term. Section 8-6. Designation of Polling Places. The mayor and council of the city shall designate the polling places for the conduct of elections in the city. Section 8-7. Hours for Opening, Closing Polls. The polls for the holding of all elections in and for the city shall open at 7:00 a.m. and remain open until 7:00 p.m. by the time in common use in said city, at which time they shall be closed.

Page 3532

Section 8-8. Challenge of Voter. When any voter is challenged, that fact shall be so written opposite his name on the voters' lists and also on his ballot, and he shall be required to take the following oath: I do solemnly swear that I am a citizen of the United States and of the State of Georgia; that I have attained the age of eighteen (18) years, and resided in the State for one (1) year, in the County of Lamar for not less than six (6) months and in the City of Milner for not less than ninety (90) days next preceding the election; and that I have not voted before at this election, so help me God. Any voter who shall refuse to take the oath when challenged shall have his ballot rejected. Section 8-9. Declaration of Election Results. The mayor and council, or so many of them as are not disqualified by being a candidate for election shall, at their first meeting after an election, declare the result of the election, those receiving the highest number of votes being declared elected, or the question voted upon being declared carried or not carried, as the case may be; the resolution of the council declaring the results of the election shall be entered on the minutes of the council; provided however, that any two (2) councilmen or one (1) councilman and the mayor, shall have authority to declare the result of said election in the event a majority of said body should be disqualified. Section 8-10. Police to Preserve Peace and Order at Polls. To preserve peace and good order at the polls, so that every voter may have an unobstructed opportunity to cast his ballot, or so that the secrecy of the same may be maintained, it shall be the duty of the municipal authorities to furnish a sufficient number of police. Section 8-11. Accompanying Voter to Polls. It shall be unlawful for any person to lead or carry a voter to the polls, or to accompany or follow him, either to influence his vote, or to see how he votes, or to see that he votes in any particular way.

Page 3533

Section 8-12. Electioneering. It shall be unlawful for any person to electioneer, or in any way to influence or try to influence any voter, or to speak to him on any subject of voting within two hundred fifty (250) feet of the voting place. The provisions of this section shall not apply to the managers of the polls in the discharge of their duties as such, provided they do not electioneer or try to influence any voter in any particular manner. Section 8-13. Penalties for Unlawful Conduct at Polls. Any person or persons who shall in any manner violate either or any of the provisions of sections 8-11 or 8-12 shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed by law in cases of misdemeanor. Section 8-14. Violations and Penalties. The violations set forth in Chapter 34A-16 of the Code of Georgia of 1933, as amended, being part of the Georgia Municipal Election Code, when committed in any city primary or election, shall constitute violations of this article; excepting therefrom, however, those violations and penalties which by their nature can have no application. ARTICLE IX. RECALL OF ELECTIVE OFFICERS Section 9-1. Scope of Article Provisions. Any elective officer of the city shall be subject to recall and removal from office by the qualified voters of the city, and the procedure to effect such removal shall be as provided in this article. Section 9-2. Recall Election Prohibited at Certain Times. No recall petition shall be filed against any officer of the city within six (6) months after his election, nor within six (6) months after an election for such officer's recall. Section 9-3. Petition for Recall: Execution, Filing. A petition demanding that the question of removing an elective officer or officers be submitted to the voters, shall be filed with the person discharging the duties of city clerk. Such petition for the recall of any such elective officer or officers shall be signed by at least twenty-five per cent

Page 3534

(25%) of the qualified voters as determined by the registration list as used in the next preceding election, at least one-fifth (1/5) of whom shall certify that at the election at which the officer or officers was or were elected, they voted for the election of such officer or officers proposed to be recalled. Section 9-4. Issuance of Petitions for Signatures. Petitions for signatures for recall of an elective officer shall be procured only from the person exercising the duties of city clerk, who shall keep a sufficient number of such blank petitions on file for distribution; prior to the issuance of such petitions for signature there shall be filed with such person an affidavit by one or more qualified voters, stating the name or names of the officer or officers sought to be removed, and that the issuance of such petition or petitions are desired. Section 9-5. Record of Petitions for Removal Issued. The officer issuing petitions for removal of an elective officer shall enter, in a record to be kept, the name of the voter to whom issued, the date of such issuance and the number of such petition issued, and shall certify on such petitions for signatures the names of the voter to whom issued and the date of its issuance. Section 9-6. Prerequisites to Accepting Petition for Signatures. No petition for signatures shall be accepted and taken into consideration in determining the necessary percentage of voters for removal unless it bears the certificate provided for in section 9-3 and be filed as herein provided. Section 9-7. Identification of Signer of Recall Petition. Each signer of a recall petition shall sign his name thereto and shall write thereon, after his name, his place of residence in the city, by street and number. Section 9-8. Affidavit of Circulation to Accompany Recall Petition. To each petition for recall there shall be attached an affidavit of the circulation thereof, stating the number of signers to such part of the petition and that each signature to the same is genuine, was made in his

Page 3535

presence, and is that of a person whose name it purports to be. Section 9-9. Filing of Recall Petition, Notice Thereof. All papers comprising a recall petition shall be returned and filed with the city clerk, within thirty (30) days after the filing of the affidavit hereinbefore provided for. Upon the return of such petition, the person exercising the duties of city clerk shall at once submit the same to the governing authority of the city, and shall notify the officer or officers sought to be recalled of such action. Section 9-10. Fixing Date for Recall Election. If the official whose removal is sought does not resign within five (5) days after the notice provided for in section 9-9 is given, the governing authority of the city shall thereupon order and fix a day for holding a recall election, the date of which election shall be not less than fifteen (15) nor more than thirty (30) days from the time the petition for recall was presented to the governing authority of the city. Section 9-11. Form, Content of Ballot. The ballot in a recall election shall conform to the following requirements: With respect to each person whose removal is sought the question shall be submitted Shall (name of person) be removed from the office of (name office) by recall? Immediately following each of such questions there shall be printed on the ballots, in separate lines, in the sequence here set out the words: For the recall of (naming person), against the recall of (naming person). Section 9-12. Effect of Recall Election. Should a majority of the votes cast at a recall election be for the recall of the officer named on the ballot, he shall be deemed removed from office, regardless of any defects in the recall petition; but should a majority of the votes cast at such recall election be against the recall of the officer named on the ballot, such officer shall continue in office for the remainder of his term, subject to recall as herein provided. Section 9-13. Effect of Election Recalling Less Than All Elective Officers. If in a recall election there shall remain,

Page 3536

as a result of such election, one or more of such elective officers who is not recalled, then such officers or officer not recalled shall discharge all of the duties incumbent upon the governing authority of the city until the vacancy or vacancies created at such recall elections are filled by an election for that purpose, as hereinafter provided. Section 9-14. Election to Fill Vacancies Created by Recall. If at any recall election it is not proposed and submitted to recall all of the elective officers, but any one or more, fewer than all, and such election shall result in favor of the recall of one or more of such officers, proposed to be recalled, the governing authority of the city, within five (5) days after the result of such election has been certified by the mayor thereof, shall meet and on the same day order a special election to fill such vacancy or vacancies, which election shall be held not less than thirty (30) days nor more than sixty (60) days after the same has been ordered. Section 9-15. Conduct of Election to Recall All Elective Officers. If in any proposed recall election it is proposed and submitted to recall all elective officers, then there shall be placed on said ballot under the question of recall the names of candidates to fill the vacancies proposed to be created by such election, in which event, however, the name of such officers proposed to be recalled shall not appear on the ballot as candidates. Section 9-16. Authority of Superior Court of Lamar County. In the event the governing authority of the city shall fail or refuse to receive a recall petition, order a recall election, or discharge any other duties with reference to such recall, or in the event of the failure of the city clerk to discharge the duties herein provided to be discharged by him, the Superior Court of Lamar County, Georgia, shall discharge any of such duties herein provided to be discharged by the governing authority of said city, or any of the duties herein provided to be discharged by the city clerk.

Page 3537

ARTICLE X. DIRECTORY AND TRANSITORY PROVISIONS Section 10-1. Succession to Rights, Privileges, Remedies, Debts, Liabilities. The City of Milner, as continued by this Act, shall succeed to all the rights, privileges and remedies of, and is hereby made responsible as a body corporate for all the legal debts, liabilities and undertakings of the present Town of Milner and its former governing authorities as heretofore incorporated. Section 10-2. Preservation of Ordinances and Resolutions. All ordinances and resolutions in force at the time of the taking effect of this Act, not inconsistent with its provisions, shall continue in force until amended or repealed. Section 10-3. Preservation of Existing Officers, Salaries, Fees, Licenses, Special Taxes. Nothing in this Act shall affect the present officers of the city or their fees or salaries, or the licenses and special taxes or the tax rate fixed by the ordinances of said city for the current year. Section 10-4. Severability. If any provision of this Act shall be held to be unconstitutional or invalid for any reason, such provision only shall be invalid, and all other parts of this Act shall not be affected thereby but shall remain in full force and effect. Section 10-5. Repeal of Conflicting Laws. All laws and parts of laws in conflict with this Act shall be and are hereby repealed. Section 10-6. Acts Repealed. The following Acts of the General Assembly of the State of Georgia are hereby repealed in their entirety: Georgia Laws 1912, No. 423, page 1131; Georgia Laws 1961, No. 402, page 3076. Section 10-7. Legal Advertisement of Notice of Intention to Apply for Local Legislation. A copy of notice of intention to apply for this local legislation and the certificate of the publisher showing publication of such notice as required by law, are attached hereto and made a part hereof,

Page 3538

and it is hereby declared that all the requirements of the Constitution of the State of Georgia relating to publication of notice of intention to apply for the passage of local legislation have been complied with. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January, 1969 Session of the General Assembly of Georgia a bill to change the name of the Town of Milner to City of Milner and to provide for a new charter for City of Milner, and for other purposes. This notice is given in compliance with the requirements of Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945, as amended. This the 28th day of December, 1968. Johnnie L. Caldwell Representative-Elect Post No. 1, Lamar, Pike and Upson Counties, in the General Assembly of Georgia J. R. Smith Representative-Elect Post No. 2, Lamar, Pike and Upson Counties, Georgia, in the General Assembly of Georgia. Georgia, Lamar County. Personally before me, the undersigned officer, duly authorized to administer oaths, appeared William W. Dennis, who, after being duly sworn, on oath says as follows: That he is the owner, editor and publisher of the Barnesville News-Gazette, a newspaper with a general circulation throughout said county and in which newspaper the sheriff's advertisements for said county are published, and that the attached notice to introduce local legislation is an exact copy of the notice that was published in said News-Gazette

Page 3539

in the weekly issues of January 2, 1969, January 9, 1969, January 16, 1969. /s/ William Wade Dennis Sworn to and subscribed before me, this the 17th day of January, 1969. /s/ Irene M. Jackson, Notary Public, Lamar County, Georgia. My Commission expires January 24, 1972. Approved April 25, 1969. LAMAR COUNTYSALARY OF CHIEF DEPUTY SHERIFF. No. 472 (House Bill No. 261). An Act to amend an Act approved March 10, 1965 (Ga. L. 1965, p. 2207) so as to provide for an increase in the salary of the chief deputy sheriff of Lamar County, Georgia from a sum not to exceed three hundred fifty dollars ($350.00) per month to a sum not to exceed four hundred fifty dollars ($450.00) per month; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing Lamar County sheriff on a salary basis approved March 10, 1965 (Ga. L. 1965, p. 2207), is hereby amended by striking section 4 therefrom, in its entirety, and substituting, in lieu thereof, a new section 4, which shall read as follows: Section 4. The sheriff of Lamar County shall be authorized to appoint a chief deputy sheriff to assist him in the performance of his duties, and fix his or her compensation at not to exceed the sum of four hundred fifty dollars ($450.00) per month, which compensation shall be paid

Page 3540

on the first Tuesday in each month, from the funds of Lamar County, Georgia. Section 2. All laws and parts of laws that conflict with this Act are hereby repealed. Section 3. Be it further enacted by the Authority aforesaid that the General Assembly finds upon investigation and so declares that notice of intention to apply for the enactment of this bill was published in the manner required by Article III, Section VII, Paragraph IX of the Constitution of Georgia of 1945, as amended, a copy of said notice and of the proof of publication required by said Constitution is hereto attached and made a part hereof. Georgia, Lamar County. Personally before me, the undersigned officer, duly authorized to administer oaths, appeared William W. Dennis, who, after first being duly sworn, on oath says as follows: That he is the owner, editor and publisher of the Barnesville News-Gazette, a newspaper with a general circulation throughout said county and in which newspaper the sheriff's advertisements for said county are published, and that the attached notice to introduce local legislation is an exact copy of the notice that was published in said News-Gazette in the weekly issues of January 2, 1969, January 9, 1969, January 16, 1969. /s/ William W. Dennis Sworn to and subscribed before me, this the 22nd day of January, 1969. /s/ Irene M. Jackson Notary Public, Lamar County, Georgia. My Commission Expires January 24, 1972. (Seal).

Page 3541

Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January, 1969 Session of the General Assembly of Georgia, a bill to increase the maximum salary of the chief deputy sheriff of Lamar County, Georgia, and for other purposes. This notice is given in compliance with the requirements of Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945, as amended. This the 26th day of December, 1968. Johnnie L. Caldwell Representative-Elect Post No. 1, Lamar, Pike and Upson Counties, Georgia, in the General Assembly of Georgia J. R. Smith Representative-Elect Post No. 2, Lamar, Pike and Upson Counties, Georgia, in the General Assembly of Georgia Approved April 25, 1969. COBB COUNTYBOND OF CLERK OF SUPERIOR COURT. No. 473 (House Bill No. 268). An Act to increase the amount of the bond which shall be executed by the clerk of the superior court of Cobb County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Pursuant to the provisions of Code section 24-2713, as amended, the clerk of the superior court of Cobb County shall execute bond in the sum of $50,000.00.

Page 3542

Section 2. This Act shall become effective on the day it is approved by the Governor or on the day it otherwise becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1969 Session of the Georgia General Assembly, Legislation changing the amount of the performance Bond of the clerk of Cobb County Superior Court, and for other purposes, as provided (Act. 1799, Cobb, 573. Act 1817, Cobb, 203. Acts 1851-2, p. 79; 1941, p. 374; 1965, p. 419.) This 27th day of December, 1968. Cyrus M. Chapman Sam P. Hensley Senators George H. Kreeger Eugene Housley Howard Atherton A. L. Burrus Joe Mack Wilson J. H. Henderson, Jr. Hugh Lee McDaniell Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Hugh Lee McDaniell who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of notice of intention to introduce local legislation was published in the Marietta Daily Journal which

Page 3543

is the official organ of Cobb County, on the following dates: December 27, 1968; January 3 and 10, 1969. /s/ Hugh Lee McDaniell Representative, 117th District Sworn to and subscribed before me, this 27th day of January, 1969. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My Commission expires December 26, 1972. (Seal). Approved April 25, 1969. CAMDEN COUNTYOFFICE OF TAX COMMISSIONER CREATED, REFERENDUM. No. 474 (House Bill No. 287). An Act to consolidate the offices of tax receiver and tax collector of Camden County into the office of the tax commissioner of Camden County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner; to provide for his term of office; to provide for the method of filling vacancies; to provide for the compensation of the tax commissioner; to provide for personnel in the office of the tax commissioner, their compensation, and the payment of expenses; to make provisions relative to taxes and tax fi fas; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. At the expiration of the terms of office of the present tax receiver and tax collector of Camden County, such offices shall be abolished, consolidated and combined

Page 3544

into the one office of the tax commissioner of Camden County. The rights, duties and liabilities of the tax commissioner, except as otherwise provided herein, shall be the same as those imposed upon tax receivers and tax collectors by the laws of this State. Created. Section 2. The first election for the office of tax commissioner created herein shall be held at the same time as the election of other county officers for Camden County in 1972. The person so elected shall take office on the first day of January following his election, and he shall serve for a term of office of four years and until his successor is duly elected and qualified. All future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall take office on the first day of January following their election and shall serve a term of office of four years and until their successors are duly elected and qualified. Nothing herein shall affect the term of office of the present tax collector and tax receiver of Camden County, and their terms of office shall continue through December 31, 1972. Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled in accordance with the provisions of law for filling vacancies in the office of tax collector. First election, etc. Section 3. The tax commissioner shall receive for his services as such an annual salary of $8,001.00, payable in equal monthly installments from the funds of Camden County. Salary. Section 4. All fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held by him as public funds belonging to Camden County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him with a detailed itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever

Page 3545

kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, and an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. Fees. Section 5. The tax commissioner is authorized to employ such personnel to assist him in discharging the official duties of his office as he shall deem proper. Such personnel's compensation shall be paid from county funds. However, the total compensation to be paid by the county for all such personnel shall not exceed $6,500 during any one calendar year. All expenses incurred by the tax commissioner in operating and discharging the official duties of his office, including, but not limited to, office equipment, supplies, fixtures and utility expenses, shall be paid by the county from county funds. Personnel. Section 6. All taxes due and payable Camden County at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi fas heretofore issued shall have full force and effect and shall be collectible as issued. Tax dues. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Section 8. It shall be the duty of the ordinary of Camden County to issue the call for an election for the purpose of submitting this Act to the voters of Camden County for approval or rejection. The ordinary shall set the date for such election for Wednesday, September 9, 1970. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Camden County. The ballot shall have written or printed thereon the words:

Page 3546

For approval of the Act consolidating the offices of tax receiver and tax collector of Camden County into the office of tax commissioner and placing the tax commissioner of Camden County upon an annual salary of $8,001.00 and providing that the total compensation to be paid by the county for all personnel to assist the tax commissioner in discharging the official duties of his office shall not exceed $6,500.00 during any one calendar year, all to become effective January 1, 1973. Referendum. Against approval of the Act consolidating the offices of tax receiver and tax collector of Camden County into the office of tax commissioner and placing the tax commissioner of Camden County upon an annual salary of $8,001.00 and providing that the total compensation to be paid by the county for all personnel to assist the tax commissioner in discharging the official duties of his office shall not exceed $6,500.00 during any one calendar year, all to become effective January 1, 1973. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Camden County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Georgia, Camden County. To Whom It May Concern: Notice of Intention to Seek Local Legislation. Notice is hereby given that there will be introduced in

Page 3547

the General Assembly of Georgia which convenes January 13, 1969, a local bill, the title to which is as follows: An Act to consolidate the offices of tax receiver and tax collector of Camden County into the one office of tax commissioner of Camden County; to provide for the rights, duties, responsibilities and liabilities of said office; to provide for the election of the tax commissioner; to provide for the term of office of tax commissioner; to provide for the method of filling vacancies; to provide for the compensation of the tax commissioner; to provide for personnel in the office of tax commissioner; compensation for such personel, and the payment of expenses; to make provisions for the collection of taxes and the issuance of tax fi fas; to provide that the consolidation of the office of tax receiver and office of tax collector into one office of tax commissioner shall not become effective until the expiration of the current terms of office of the tax receiver and tax collector; to provide for a referendum; to repeal conflicting laws; and for other purposes. This 30th day of December. Robert W. Harrison, Jr. State Representative, 66th Legislative District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert W. Harrison, Jr. who, on oath, deposes and says that he is Representative from the 66th District, and that the attached copy of notice of intention to introduce local legislation was published in the Camden County Tribune which is the official organ of Camden County, on the following dates: January 2, 9, 16, 1969. /s/ Robert W. Harrison, Jr. Representative, 66th District

Page 3548

Sworn to and subscribed before me, this 4th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 25, 1969. CITY OF ALBANYEXTENSION OF WATER SERVICES OUTSIDE CORPORATE LIMITS. No. 475. (House Bill No. 290). An Act to amend an Act providing a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, so as to provide for the extension of water service and water distribution system and all necessary appurtenances connected therewith outside the city limits of the City of Albany; to provide for the classification of rates to be charged in such areas beyond the city limits; to authorize contracts, agreements and arrangements; 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 Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, is hereby amended by adding at the end of subparagraph 13 of section 34 of said charter as amended a new paragraph to read as follows: The City of Albany is further authorized and empowered to extend water services, and its water distribution system, and all necessary appurtenances connected therewith, without and beyond the corporate limits of the City of Albany, but not outside Dougherty County, and to provide service to the persons, firms and corporations outside said corporate limits under such provisions as the Board

Page 3549

of Water, Gas and Light Commissioners may prescribe; to classify rates to be charged in such areas beyond the city limits; and to make such contracts, agreements and arrangements as it deems necessary or desirable for the aforesaid purpose. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced for passage at the ensuing 1969 term of the General Assembly of Georgia a bill to amend the charter of the City of Albany, Georgia, so as to provide for the extension of water service and water distribution system outside the city limits. This 23rd day of December, 1968. Fred W. Mills, Mayor City of Albany, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Colquitt H. Odom who, on oath, deposes and says that he is Representative from the 61st District, and that the attached copy of notice of intention to introduce local legislation was published in The Albany Herald which is the official organ of Dougherty County, on the following dates: December 26, 1968 and January 2, 9, 1969. /s/ Colquitt H. Odom Representative, 61st District

Page 3550

Sworn to and subscribed before me, this 10th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 25, 1969. CITY OF FOREST PARKCORPORATE LIMITS. No. 476 (House Bill No. 293). An Act to amend an Act incorporating the Town of Forest Park (now City of Forest Park) approved August 14, 1908 (Ga. L. 1908, p. 685), as amended, particularly by an Act approved March 25, 1958 (Ga. L. 1958, p. 3397), an Act approved March 17, 1959 (Ga. L. 1959, p. 3075), an Act approved March 17, 1959 (Ga. L. 1959, p. 3152), an Act approved April 5, 1961 (Ga. L. 1961, p. 3427), an Act approved March 3, 1962 (Ga. L. 1962, p. 2934), and an Act approved March 11, 1963 (Ga. L. 1963, p. 2174), so as to change the corporate limits of said city; 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 incorporating the Town of Forest Park (now City of Forest Park) approved August 14, 1908 (Ga. L. 1908, p. 685), as amended, particularly by an Act approved March 25, 1958, (Ga. L. 1958, p. 3397), an Act approved March 17, 1959 (Ga. L. 1959, p. 3075), an Act approved March 17, 1959 (Ga. L. 1959, p. 3152), an Act approved April 5, 1961 (Ga. L. 1961, p. 3427), an Act approved March 3, 1962 (Ga. L. 1962, p. 2934), and an Act approved March 11, 1963 (Ga. L. 1963, p. 2174), is hereby amended by adding a new section at the end of section 2 of the amendatory

Page 3551

Act of 1958 to be known as section 2A to read as follows: Section 2A. The following described property is hereby removed and shall no longer constitute a part of the corporate limits of the City of Forest Park: All of that piece or parcel of land situate, lying and being in land lot 77 of Clayton County, Georgia, and being more particularly described as follows; to wit: Beginning at the intersection of the original centerline of Kennedy Road with the westerly line of Porter Street (unopened) and go along the westerly line of Porter Street for a distance of 1,465 feet, more or less, to the right-of-way line of Central of Georgia Railway Company's lead track; thence, in a southeasterly direction along a curve to the right having a radius of 358.05 feet, concentric with and at all points 25 feet from the centerline of said lead track for a distance of 344 feet, more or less, to a point of tangency; thence, continuing in a southerly direction along a straight line parallel to and at all points 25 feet from and at right angles to the centerline of the above-said lead track for a distance of 1,200 feet, more or less, to the northerly right-of-way line of Georgia Power Company; thence, in a westerly direction and along the northerly right-of-way line of the Georgia Power Company for a distance of 184 feet, more or less, to the intersection of the original centerline of Kennedy Road with the northerly right-of-way line of the Georgia Power Company; thence, in a northwesterly direction and along the original centerline of said Kennedy Road for a distance of 40 feet, more or less, to the point of place of beginning. Section 2. Said Act is further amended by adding a new section at the end of section 2A of the amendatory Act of 1958 to be known as section 2B to read as follows: Section 2B. In addition to the property presently contained in the corporate limits of the City of Forest Park, the following described property is hereby annexed and made a part of the corporate limits of said city:

Page 3552

All of that piece or parcel of land situate, lying and being in land lot 77 and being in Clayton County, Georgia, and being more particularly described as follows; to wit: Beginning at the point of intersection with the westerly right-of-way line of Porter Street (unopened) with the Land Lot Line dividing land lots 57 and 77 and go in a southerly direction along the westerly right-of-way line of the said Porter Street for a distance of 1,172 feet, more or less, to the right-of-way line of the Central of Georgia Railway Company's lead track, said point being 25 feet from and at right angles to the centerline of the said lead track; thence, in a northwesterly direction along a line parallel to and at all points 25 feet from and at right angles to the centerline of said lead track of the Central of Georgia Railway Company for a distance of 95 feet, more or less, to a point of curve; thence, continuing in a northwesterly direction but along a curve to the right having a radius of 358.06 feet, concentric with and at all points 25 feet from and at right angles to the centerline of the above-said lead track as being measured radially thereto for a distance of 349 feet, more or less, to a point of tangency; thence, in a northerly direction along a line parallel to and at all points 25 feet from and at right angles to the centerline of the above-said lead track for a distance of 440 feet, more or less, to a point of curve; thence, in a northwesterly direction and along a curve to the left, having a radius of 408.06 feet, concentric with and at all points 25 feet from and at right angles to the centerline of the above-said lead track, as being measured radially thereto, for a distance of 349 feet, more or less, to a point of tangency; thence, in a northerly direction along a line parallel to and at all points 25 feet from and at right angles to the centerline of the above-said lead track for a distance of 440 feet, more or less, to a point of curve; thence, in a northwesterly direction and along a curve to the left, having a radius of 408.06 feet, concentrio with and at all points 25 feet from the centerline of the above-said lead track as being measured radially thereto, for a distance of 344 feet, more or less, to a point of tangency; thence, in a northwesterly direction and along a line parallel to and at all points 25 feet from and at right angles to the centerline of the above-said lead track

Page 3553

for a distance of 110 feet, more or less, to a point in the Land Lot Line dividing land lots 52 and 77; thence, in an easterly direction along the land lot line dividing land lots 52 and 77 for a distance of 485 feet, more or less, to the point or place of beginning. Section 3. The provisions of this Act shall become effective upon approval by the Governor or its otherwise becoming law. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to amend an Act incorporating the Town of Forest Park, (now City of Forest Park), approved August 14, 1908 (Ga. L. 1908, p. 685), as amended, so as to change the corporate limits of said city; to provide an effective date; and for other purposes. This 31st day of December, 1968. Charles W. Summerday Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Lee who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of notice of intention to introduce local legislation was published in the Forest Park Free Press News Farmer which is the official organ of Clayton County, on the following dates: January 9th, 16th, 23rd of January, 1969. /s/ William J. Lee Representative, 21st District

Page 3554

Sworn to and subscribed before me, this 24th day of January, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 25, 1969. CITY OF POWDER SPRINGSCHARTER AMENDED. No. 477 (House Bill No. 503). An Act to amend an Act incorporating the City of Powder Springs approved August 5, 1920 (Ga. L. 1920, p. 1437), as subsequently amended, so as to provide for election of mayor and city councilmen; to provide for compensation for city offices; to provide for annexation of territory to the City of Powder Springs; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act incorporating the City of Powder Springs, approved August 5, 1920 (Ga. L. 1920, p. 1437) is hereby amended by striking section 2 relating to the mayor and council, their terms of office, and subordinate offices, and inserting in lieu thereof a new section 2 to read as follows: Section 2. The municipal government of said city shall consist of a mayor and five councilmen who shall constitute the legislative body and governing authority for said city. Upon expiration of the term of the present mayor and council, their successors shall be elected in the following manner: Mayor and councilmen. On the first Saturday in December, 1969, an election shall

Page 3555

be held for the Councilmen whose terms shall expire the second Thursday in January, 1970. Such position shall be designated as Councilman, Post No. 1, Councilman, Post No. 2, and Councilman, Post No. 3. Any person possessed with the qualifications as required by law may qualify for any one of the Councilman posts under the rules and regulations concerning the holding of an election and the person receiving a majority of votes shall be duly elected for a term of two years and until their successors are elected and qualified. In the event a candidate does not receive a majority of votes, a run-off election between the two candidates receiving the most votes shall be held as provided by the Georgia Municipal Election Code. Bi-annually thereafter on the first Saturday in December successors to the three councilmen shall be elected for two year terms and until their successors are elected and qualified. On the first Saturday in December, 1970, an election shall be held for two councilmen and Mayor, whose terms shall expire the second Thursday in January, 1970. Such positions shall be designated as Mayor, City of Powder Springs, Councilman, Post No. 4, Councilman Post No. 5. Any person possessed of the qualifications as required by law may qualify for any one of the council posts or Mayor and the person receiving a majority vote shall be duly elected for a term of two years and until their successors are elected and qualified. In the event a candidate does not receive a majority of the votes, a run-off election between the two candidates receiving the most votes shall be held as provided by the Georgia Municipal Election Code. Bi-annually thereafter on the first Saturday in December successors to the mayor and two councilmen shall be elected for two year terms and until their successors are elected and qualified. The mayor and members of the council serving at the time this Act becomes law shall serve until their term expires and their successors are duly elected and qualified. The council may elect or appoint such subordinate officers as may become necessary at any time for the enforcement of the provisions of this charter or any ordinance passed by said council in the pursuance of the rights and powers herein conferred, all of which subordinate officers as may be thus appointed or elected shall be deemed and held to be

Page 3556

lawful officers of this State and the City of Powder Springs. All such subordinate officers shall hold their offices at the will of the council and receive such salary as may be fixed by the council, each of whom shall take an appropriate oath before entering upon the discharge of their respective duties and shall give such bond as the council may require, payable to the City of Powder Springs, conditioned upon the faithful performance of the duties of their respective offices. A quorum shall consist of three councilmen and the mayor. Section 2. The first sentence of section 15 of an Act incorporating the City of Powder Springs, approved March 5, 1920 (Ga. L. 1920, p. 1437), as subsequently amended, is hereby amended by striking said sentence and substituting in lieu thereof the following: Section 15. Be it further enacted that the mayor of said city shall receive a salary of not more than $1,000 per annum, payable as the mayor and city council shall by resolution provide. The provision of this section shall not be effective until January 1, 1970. Mayor's salary. Section 3. Be it further enacted that section 17 of an Act incorporating the City of Powder Springs, approved March 5, 1920 (Ga. L. 1920, p. 1437), as subsequently amended, is hereby amended by striking said section 17 in its entirety and substituting in lieu thereof the following: Section 17. Be it further enacted that the qualifications of the members of the council shall be the same as those of the mayor and their annual salary shall be fixed by the mayor and council at its first meeting upon organization, or as soon thereafter as is practicable, provided that such salary shall not exceed the sum of $600.00 per annum, payable as the mayor and council may provide. The provision of this section shall not be effective until January 1, 1970. Qualifications, salary of councilmen. Section 4. An Act incorporating the City of Powder Springs, approved March 5, 1920 (Ga. L. 1920, p. 1437), as

Page 3557

amended, is hereby amended by adding to section 1 the following tracts of land which shall be incorporated into the corporate City of Powder Springs so that the end of section 1 shall read as follows: On or after the approval of this Act the corporate limits of the City of Powder Springs shall include, in addition to the above described area, all the area embraced within the following described parcels and tracts of land: Tract 1. All that tract or parcel of land lying and being in Land Lots 904 and 905 of the 19th District and 2nd Section of Cobb County, Georgia, and which is more particularly described as follows: Beginning at the corner formed by the intersection of the southerly side of State Highway #5 with the northeasterly side of State Highway #6, and running thence east along the south side of State Highway #5, 339 feet to an iron pin; thence south 229.7 feet to an iron pin; thence east 489.7 feet to an iron pin; thence south 185 feet to an iron pin; thence west 285.5 feet to an iron pin on the northeasterly right of way line of State Highway #6; thence northwesterly along the northeasterly right of way line of State Highway #6, 668.5 feet to an iron pin; thence northerly 23.5 feet to the point of beginning. Corporate limits. Tract II. All that tract or parcel of land lying and being in Land Lots 872 and 873 of the 19th District and 2nd Section of Cobb County, Georgia, which is more particularly described as follows: Beginning at an iron pin at the corner formed by the intersection of the north side of Marietta-Powder Springs Road with the east side of Sinyard Street; running thence east along the north side of Marietta-Powder Springs Road, 110 feet to an iron pin; thence northerly 209 feet to an iron pin; thence west 100 feet to an iron pin on the east side of Sinyard Street; thence southerly along the east side of Sinyard Street, 210.7 feet to the point of beginning. Tract III. All that tract or parcel of land lying and being in Land Lots 725 and 682 of the 19th District and 2nd Section of Cobb County, Georgia, which is more particularly

Page 3558

described as follows: Beginning at an iron stake on the north side of Macedonia Road at its intersection with the east original line of Land Lot 725; thence north along the east original line of Land Lot 725, 651.5 feet to an iron pin at the northeast corner of said Land Lot; thence continuing north along the east original line of Land Lot 682, 1284.9 feet to an iron pin at the northeast corner of said Land Lot; thence west along the north original line of said Land Lot 682, 667.4 feet to an iron pin; thence south 216 feet to an iron pin on the north side of Weston Drive; thence south 50 feet to the south side of Weston Drive to an iron pin; thence south 1716.7 feet to an iron pin on the north side of Macedonia Road; thence northeasterly along the northerly side of Macedonia Road 714.8 feet to the point of beginning. Tract IV. All that tract or parcel of land lying and being in Land Lots 827, 828 and 876 of the 19th District and 2nd Section of Cobb County, Georgia, and being more particularly described as follows: Beginning at an iron fence post on the easterly side of the Macland-Powder Springs Road located at the southwest corner of the property formerly owned by James Franklin and later by Elsie Franklin Kelly and R. E. Kelly, Jr.; and running thence east, along the south side of said Kelly property, a distance of 108 feet, more or less, to a chinaberry tree at the southeast corner of said Kelly property; thence southwesterly a distance of 105 feet, along the property now or formerly owned by James Franklin, to a point located 37.5 feet east on the west land lot line of said Land Lot 828; thence south still along the said Franklin property and at a distance of 37.5 feet from the west land lot line of said Land Lot 828, to the north side of a branch; thence southwesterly, along the northwesterly side of said branch, a distance of 192 feet, more or less, to a point on the southeasterly side of the Macland-Powder Springs Road where the northwesterly side of said branch touches the said Macland-Powder Springs Road; thence northeasterly, along the southeasterly side of the said Macland-Powder Springs Road, a distance of 227 feet, more or less, to the point of beginning.

Page 3559

Tract V. All that tract or parcel of land lying and being in original Land Lot No. 828 of the 19th District and 2nd Section of Cobb County, Georgia, and being a tract containing 10.9 acres, more or less, as shown by a plat and survey thereof made by J. P. Phillips, Surveyor, of the James Florence Estate, said plat being dated February 22, 1949, and more particularly described as follows: Beginning at the northeast corner of said Land Lot, and running south along the original east line of said land lot 300 feet to property of Mary J. Moore; thence northwesterly along the Moore line 210 feet to a point; thence south along the Moore line 420 feet to the right of way of the Seaboard Airline Railroad; thence northwesterly along said right of way 413 feet to corner of property of Sara Shephard; thence northeasterly along the Shephard line 105 feet; thence northwesterly along the Shephard line 105 feet; thence southwesterly along the Shephard line 105 feet to the right of way; thence northwesterly along said right of way 697 feet to the county road; thence north along the east side of said county road 147 feet to the north line of said land lot; thence east along said north Land Lot line 1296 feet to the point of beginning. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1969 Session of the General Assembly of Georgia, a bill to amend the charter of the City of Powder Springs, (Ga. L. 1930, p. 1437, et seq), as heretofore amended; and for other purposes. This 20th day of December 1968. Cyrus M. Chapman Sam P. Hensley Senators George H. Kreeger Eugene Housley Howard Atherton
Page 3560

A. L. Burruss Joe Mack Wilson J. H. Henderson, Jr. Hugh Lee McDaniell Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable George H. Kreeger who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of notice of intention to introduce local legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 24th, 31st, 1969; February 7th, 1969. /s/ George H. Kreeger Representative, 117th District Sworn to and subscribed before me, this 12th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 25, 1969. COBB COUNTYSALARY OF JUVENILE COURT JUDGE. No. 478 (House Bill No. 504). An Act to provide for the compensation of the judge of the Cobb County Juvenile Court; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3561

Be it enacted by the General Assembly of Georgia: Section 1. The judge of the Cobb County Juvenile Court shall receive the sum of eighty-four hundred ($8,400.00) dollars per annum, which shall be paid in equal monthly installments from the general funds of Cobb County. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February, 1969 Session of the General Assembly of Georgia, a bill to fix the salary of the judge of the Cobb County Juvenile Court, to provide the method of payment of same and for other purposes. This 17th day of January, 1969. Cyrus M. Chapman Sam P. Hensley Senators George H. Kreeger Eugene Housley Howard Atherton A. L. Burruss Joe Mack Wilson J. H. Henderson, Jr. Hugh Lee McDaniell Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George H. Kreeger who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of

Page 3562

notice of intention to introduce local legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 17, 24, 31, 1969. /s/ George H. Kreeger Representative, 117th District Sworn to and subscribed before me, this 12th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 25, 1969. TOWN OF MEIGSCORPORATE LIMITS, REFERENDUM. No. 479 (House Bill No. 506). An Act to amend an Act creating a new charter for the Town of Meigs, approved August 24, 1905 (Ga. L. 1905, p. 999), as amended, so as to extend the corporate limits of said town; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the Town of Meigs, approved August 24, 1905 (Ga. L. 1905, p. 999), as amended, is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The corporate limits of said Town of Meigs shall extend one (1) mile in every direction from the center

Page 3563

of the present site of the depot of the Seaboard Coast Line Railroad, formerly known as A. C. L. Railroad, in said Town so as to include all the territory in every direction within the radius of one (1) mile from the center of the depot site aforesaid. Corporate limits. Section 2. Not less than 15 nor more than 30 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the governing authority of the Town of Meigs to issue the call for an election for the purpose of submitting this Act to the voters of the territory proposed to be annexed by this Act for approval or rejection. The governing authority shall set the date of such election for a day not less than 30 days nor more than 60 days after the date of the issuance of the call. The governing authority 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 Thomas County. The ballot shall have written or printed thereon the words: For approval of the Act extending the corporate limits of the Town of Meigs. Referendum. Against approval of the Act extending the corporate limits of the Town of Meigs. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the Town of Meigs. It shall be the duty of the governing authority to hold and conduct such election. They shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the governing authority to canvass the returns and declare and certify the result of the election. It shall be their further duty to certify the result thereof to the Secretary of State.

Page 3564

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the Mayor and Council of the Town of Meigs intend to apply for local legislation in the 1969 session of the General Assembly of Georgia for the purpose of extending the corporate limits of the Town of Meigs, to provide an effective date, and for other purposes. This the 20th day of December, 1968. C. W. Singletary Mayor, Town of Meigs Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry P. Russell, Jr., who, on oath, deposes and says that he is Representative from the 70th District, and that the attached copy of notice of intention to introduce local legislation was published in The Times-Enterprise which is the official organ of Thomas County, on the following dates: December 27, 1968, January 3, 10, 1969. /s/ Henry P. Russell, Jr. Representative, 70th District Sworn to and subscribed before me, this 19th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 25, 1969.

Page 3565

COBB COUNTYSALARIES OF TAX COMMISSIONER AND CHIEF CLERK. No. 480 (House Bill No. 508.) An Act to amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended by an Act approved March 5, 1957 (Ga. L. 1957, p. 2329), an Act approved April 5, 1961 (Ga. L. 1961, p. 3435), an Act approved February 27, 1962 (Ga. L. 1962, p. 2350), and an Act approved March 7, 1966 (Ga. L. 1966, p. 3276), so as to change the compensation of the tax commissioner and the chief clerk of the tax commissioner; 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 consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended by an Act approved March 5, 1957 (Ga. L. 1957, p. 2329), an Act approved April 5, 1961 (Ga. L. 1961, p. 3435), an Act approved February 27, 1962 (Ga. L. 1962, p. 2350), and an Act approved March 7, 1966 (Ga. L. 1966, p. 3276), is hereby amended by striking from section 3 the figures $12,500.00 and $10,300.00, and inserting in lieu thereof the figures $13,750.00 and $11,330.00, respectively, so that when so amended section 3 shall read as follows: Section 3. That the salary of said tax commissioner shall be $13,750.00 per annum to be paid monthly from the funds in the county treasury. The tax commissioner shall be allowed one chief clerk whose salary shall be $11,330.00 per annum to be paid monthly from the funds in the county treasury. Any candidate for the office of tax commissioner of Cobb County shall on the date of his qualifying for such office in either a primary or general election, certify

Page 3566

to the ordinary of Cobb County the name of the person he shall appoint as his chief clerk in the event he is elected to the office of tax commissioner of Cobb County, and the person so named shall serve as the chief clerk during the term for which he was so named. In the event of the death or removal from office of said chief clerk, the tax commissioner of Cobb County shall have thirty days from said date of death or removal from office of said chief clerk to certify to the ordinary of Cobb County the name of the chief clerk to be appointed by him. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1969 Session of the General Assembly of Georgia, a bill to amend an Act consolidating the officer of tax collector and tax receiver of Cobb County into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended so as to change the compensation of the tax commissioner and the deputy tax commissioner and for other purposes. This 24th day of January, 1969. Cyrus M. Chapman Sam P. Hensley Senators Eugene Housley Howard Atherton George H. Kreeger A. L. Burrus Joe Mack Wilson J. H. Henderson, Jr. Hugh Lee McDaniell Representatives

Page 3567

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eugene Housley who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of notice of intention to introduce local legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 24th, 31st, 1969; February 7th, 1969. /s/ Eugene Housley Representative, 117th District Sworn to and subscribed before me, this 19th day of February, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 25, 1969. RICHMOND COUNTY BOARD OF EDUCATIONSIXTEENTH MEMBER. No. 481 (House Bill No. 510) An Act to amend an Act regulating public instruction in the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved March 10, 1959 (Ga. L. 1959, p. 2898), so as to provide that there shall be sixteen members on the Richmond County Board of Education, the sixteenth member of which shall be elected, from the 121st militia district beginning with the election in 1969, to a four-year term; to repeal conflicting laws; and for other purposes.

Page 3568

Be it enacted by the General Assembly of Georgia: Section 1. An Act regulating public instruction in the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved March 10, 1959 (Ga. L. 1959, p. 2898), is hereby amended by striking from section 1 the following: The board shall consist of fifteen members., and by inserting in lieu thereof the following: The board shall consist of sixteen members. There shall be elected at the 1969 election for members of the Board of Education for Richmond County a member from the 121st militia district, who shall serve for a term of four years and until his successor is elected and qualified. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to increase the membership of the Board of Education of Richmond County; to provide procedures; and for other purposes. This 30th day of January, 1969. Bernard F. Miles Representative, 79th District R. Luke DeLong Representative, 80th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. Luke DeLong who, on oath, deposes and says that he is Representative

Page 3569

from the 80th District, and that the attached copy of notice of intention to introduce local legislation was published in the Augusta Herald which is the official organ of Richmond County, on the following dates: January 30, February 6, 13, 1969. /s/ R. Luke DeLong Representative, 80th District Sworn to and subscribed before me, this 17th day of February, 1969. /s/ Pamela A. Little Notary Public. (Seal). Approved April 25, 1969. CITY OF COLLEGE PARKJUDGE PRO TEM OF CITY COURT. No. 482 (House Bill No. 515). An Act to amend an Act establishing a new charter for the City of College Park, approved December 16, 1895 (Ga. L. 1895, p. 251), as amended, particularly by an Act approved August 2, 1916 (Ga. L. 1916, p. 643), so as to set forth the procedure for naming judge pro tem of the city court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new charter for the City of College Park, approved December 16, 1895 (Ga. L. 1895, p. 251), as amended, particularly by an Act approved August 2, 1916 (Ga. L. 1916, p. 643), is hereby amended by striking in its entirety section 4 of said amendatory Act

Page 3570

approved August 2, 1916 (Ga. L. 1916, p. 643), and substituting in lieu thereof a new section 4 to read as follows: Section 4. In the event of absence, sickness or disqualification (hereinafter called disability) of the judge of the city court of College Park, the mayor of College Park shall assume the duties and responsibilities of the judge of said court during the disability. In the event of the disability of both the judge and mayor, the mayor pro tem of College Park shall assume the duties and responsibilities of the court until removal of the disability of the judge who shall, at that time, reassume the duties and responsibilities of said office. In the event of the disability of the judge, the mayor and the mayor pro tem of College Park any citizen of College Park, upon resolution of the city council may assume the duties and responsibilities of the court until removal of the disability of the judge, mayor or mayor pro tem. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the City of College Park intends to apply for the passage of local legislation at the 1969 Session of the General Assembly of Georgia, convening in January, 1969, to amend the charter of the City of College Park setting forth the qualifications of residency of councilmen, to amend the charter setting forth the procedure for naming judge pro tem of the city court of College Park, and for other purposes. This 10th day of January, 1969. George E. Glaze City Attorney of the City of College Park, Ga.

Page 3571

Publisher's Affidavit. State of Georgia,County of Fulton. Before me, the undersigned, a notary public, this day personally came Mildred N. Lazenby, who, being first duly sworn, according to law, says that she is the treasurer of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 13, 20, 27th days of January, 1969, as provided by law. /s/ Mildred N. Lazenby Subscribed and sworn to before me, this 29th day of January, 1969. /s/ Maiodis F. Palmer Notary Public, Georgia, State at Large. My Commission Expires Jan. 19, 1972. (Seal). Approved April 25, 1969. MUSCOGEE COUNTY CHARTER COMMISSION. No. 483 (House Bill No. 541). An Act to create the Muscogee County Charter Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said Commission; to provide for the organizational meetings of said Commission and for the election of a permanent Chairman; to provide for the powers and duties of said commission; to provide that said Commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of the said Commission and for the payment of same by the governing authorities of the City of Columbus and Muscogee County; to provide that said Commission shall be authorized to study all matters relating to the governments of the City of Columbus and Muscogee County and all matters relating to the establishment of

Page 3572

a single county-wide government with powers and jurisdiction throughout the territorial limits of Muscogee county; to provide for the powers of said Commission relating to drafting a proposed county-wide government charter; to provide for the submission of such proposed county-wide government charter to the qualified voters of Muscogee County for approval or rejection; to provide the manner in which such charter shall be submitted to said voters; to provide for the conduct of such election and for the certification of the results thereof; to provide for all procedures and matters connected with the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act shall be known and may be cited as the Act creating the Muscogee County Charter Commission. This Act is pursuant to the authority granted by an Amendment to Article XI, Section I, Paragraph VII of the Constitution ratified at the November general election held in 1968 and set forth in Georgia Laws 1968, page 1508 et seq. Short title, authority. Section 2. Definitions: As used in this Act the following terms shall have the meaning or meanings ascribed to them unless the context clearly requires otherwise. (a) Columbus or City of Columbus or governing authority of the City of Columbus shall mean the Mayor and Commission of the City of Columbus. (b) Governing authority of Muscogee County shall mean the Board of County Commissioners of Muscogee County. (c) Charter Commission or Commission shall mean the Muscogee County Charter Commission provided for in this Act. (d) Constitutional Amendment shall mean the amendment to the Constitution of Georgia ratified at the November

Page 3573

General Election held in 1968 and set forth in Georgia Laws 1968, page 1508 et seq. Section 3. (a) There is hereby created the Muscogee Charter Commission, which shall consist of fifteen (15) members who shall be appointed as provided in said Constitutional Amendment. If a vacancy should occur on said Commission for any reason, the appointing authority shall promptly fill the same. Nine (9) members of said Commission shall constitute a quorum for the transaction of business. Created. Section 4. (a) The Charter Commission shall hold an organizational meeting within thirty (30) days after the approval of this Act by the Governor or its otherwise becoming law. The Mayor of the City of Columbus and the Chairman of the Board of County Commissioners of Muscogee County shall call such organizational meeting and shall designate one of the members of the Commission as temporary Chairman for the purpose of presiding at said organizational meeting. The first order of business at said organizational meeting shall be the election of a permanent Chairman who shall be elected by majority vote of all members of said Commission. In calling said organizational meeting, the Mayor of the City of Columbus and the Chairman of the Board of County Commissioners of Muscogee County shall designate the date, time and place that said organizational meeting shall be held. Chairman, etc. (b) After organization and election of a permanent Chairman, said Charter Commission shall be authorized to elect a secretary, who need not be a member, and such officers as it shall deem necessary. Said Charter Commission shall be further authorized to employ such staff as may be required to assist it in studying all matters relating to the governments of the City of Columbus and Muscogee County and in drafting a charter for a single county-wide government. Said Charter Commission shall not employ any person to assist it in making its studies and drafting a county-wide government charter, as herein provided, who holds any public office where the holder of such public office is elected by the people.

Page 3574

(c) The members of the Charter Commission shall not receive per diem or other compensation for their services except reimbursement for actual expenses incurred by them in carrying out their duties as members of the Charter Commission. The staff employed by said Charter Commission shall be paid compensation as determined by said Commission within the limits of funds available to it under the provisions of this Act. The governing authority of the City of Columbus and the governing authority of Muscogee County are hereby authorized to expend public funds in carrying out the provisions of this Act, and shall share equally the expense thereof. Each of said governing authorities shall initially appropriate not less than five thousand dollars ($5,000.00) for said Charter Commission, and the treasurer or other fiscal authority of each of said governing authorities shall honor vouchers or warrants signed by the Chairman of said Charter Commission. Said governing authorities shall appropriate such additional funds, in equal amounts, as may be necessary to meet the expenses of said Charter Commission, provided such additional expenditures shall be first approved by both such governing authorities. All public officials upon request shall furnish the Charter Commission with information and assistance necessary or appropriate for it to carry out its duties. Section 5. The General Assembly hereby delegates its power to said Charter Commission and said Charter Commission is authorized to study all matters relating to the governments of the City of Columbus and Muscogee County and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Muscogee County and draft a proposed county-wide Government Charter as set forth in said Constitutional Amendment. Powers. Section 6. Said Charter Commission is authorized to contract with any public or private institution or body for any special studies or assistance as it shall deem necessary, subject to the limitation that any expenditure therefor shall be within the limits of the funds made available to it by the respective governing bodies. Contracts.

Page 3575

Section 7. Any successor government created and established hereunder shall without the necessity of formality of deed, a bill of sale, or other instrument of transfer, be and become the owner of all property, assets and rights previously belonging to the City of Columbus and Muscogee County. Intent. Section 8. During the course of its studies, said Charter Commission shall be required to hold at least three (3) public hearings to determine the sentiment of the citizens of Columbus and Muscogee County regarding the work of the Charter Commission. Said Charter Commission shall cause the date, time and place of such hearings to be advertised in the official organ of Muscogee County at least twice during the week immediately preceding the week during which said public hearings are held. Said Charter Commission shall be authorized to hold more than three (3) public hearings if it determines that additional public hearings are desirable, but all public hearings shall be advertised as provided herein. Public hearings. Section 9. (a) Said Charter Commission shall draft a proposed charter creating a single county-wide government and said proposed charter shall be prepared, completed and filed with the City of Columbus and Muscogee County on or prior to March 1, 1970; provided, however, the time for filing such proposed charter may be extended for such period of time as may be authorized by a resolution duly adopted by the governing authority of the City of Columbus and by a similar resolution being duly adopted by the governing authority of Muscogee County. Duties. (b) Certified copies of such recommendations or of such proposed charter, as the case may be, shall be filed by said Charter Commission with the clerk of the governing authority of the City of Columbus and with the clerk of the governing authority of Muscogee County, and shall be authenticated by the signature of the Chairman of said Commission. Such copies shall be public records and shall be available for inspection or examination by any interested person.

Page 3576

(c) Said Charter Commission shall also furnish or make available to every daily or weekly newspaper published in Muscogee County, and to each radio station, television and other news media operating within said county a complete copy of such proposed charter, as the case may be, and shall take such other steps, within the limitation of its available funds, as it deems reasonable and appropriate to inform the public throughout the county of the contents of such proposed charter. (d) Said Charter Commission is hereby authorized to adopt such rules and regulations as it shall deem necessary or desirable to carry out its powers and perform its duties and functions as provided in this Act. Section 10. (a) After said Charter Commission drafts a proposed charter to create a single county-wide government, a certified copy of such proposed charter, as provided in subsection (a) of section 11, shall also be submitted to the ordinary of Muscogee County, and it shall be the duty of said ordinary to call and hold a special referendum election for ratification or rejection of said proposed charter as provided in section 11. Referendum, etc. (b) Said Charter Commission may be abolished by a resolution being duly adopted by the governing authority of the City of Columbus and by a similar resolution being duly adopted by the governing authority of Muscogee County. Section 11. (a) Not less than fifteen (15) nor more than thirty (30) days after receipt of the certified copy of such proposed charter, it shall be the duty of the ordinary of Muscogee County to issue the call for an election for the purpose of submitting said charter to the qualified voters of Muscogee County and to the qualified voters of the City of Columbus for approval or rejection. The ordinary shall set the date of such election for a day not less than thirty (30) nor more than forty-five (45) days after the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two (2)

Page 3577

weeks immediately preceding the date thereof, in the official organ of Muscogee County. The ballot shall have written or printed thereon the following: For approval of the charter consolidating the governments of the City of Columbus and Muscogee County and creating a single county-wide government to supersede and replace said governments. Referendum. Against approval of the charter consolidating the governments of the City of Columbus and Muscogee County and creating a single county-wide government to supersede and replace said governments. All persons desiring to vote in favor of said charter shall vote for approval, and those persons desiring to vote for rejection of said charter shall vote against approval. The votes cast on such question by the qualified voters of Muscogee County and the votes cast on such question by the qualified voters of the City of Columbus shall be counted separately. If more than one-half of the votes cast by the qualified voters of Muscogee County are for approval of said charter, and if more than one-half of the votes cast by the qualified voters of the City of Columbus are for approval of said charter, then said charter shall become effective as provided hereinafter, otherwise it shall be void and of no force and effect. The expense of such election shall be borne equally by the City of Columbus and Muscogee County. (b) The ordinary of Muscogee County is hereby authorized to name assistants to help in conducting said election and may designate such number of poll managers as said ordinary deems necessary, and shall designate the time and places for voting at said election. Said ordinary is hereby vested with authority to adopt rules and regulations governing said election and may take such measures as may be necessary to properly conduct said election. Said ordinary shall also be vested with all powers conferred upon ordinaries by the Georgia Election Code, as set forth in Title 34 of the Code of Georgia.

Page 3578

(c) A qualified voter of Muscogee County shall mean a voter qualified to vote in Muscogee County elections and a qualified voter of the City of Columbus shall mean a voter qualified to vote in the City of Columbus elections. The ordinary shall canvass the returns and certify the results of said election as follows: The ordinary shall certify the votes cast. The ordinary shall certify under his hand and seal the returns thereof as aforesaid to the Secretary of State of Georgia. The Ordinary shall also furnish, with the returns thereof to the Secretary of State, a certified copy of the charter previously filed with him by said Commission. The Secretary of State shall issue his proclamation showing and declaring the result of said election on the ratification or rejection of said charter, one copy of which proclamation shall be attached to the copy of the charter certified to said Secretary of State, and one copy of which shall be delivered to the clerk of the governing authority of the City of Columbus, who shall attach the same to the copy of the charter previously certified to him, and one copy of which shall be delivered to the clerk of the governing authority of Muscogee County who shall attach the same to the copy of the charter previously certified to him. (d) Whenever a charter for the consolidation of the governments of the City of Columbus and Muscogee County has been adopted, said two certified copies, with proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate original copies of the charter of said consolidated government and shall be admissible in evidence without further authentication. The certified copy of the charter and proclamation deposited with the clerk of the governing authority of the City of Columbus and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of Muscogee County shall subsequently be delivered by them to such officer of the successor government as said charter shall provide. The officer of said government to whom said copies of the charter and proclamation are delivered may issue certified copies of said charter authenticated by his signature as custodian and any copy so certified by him shall be admissable as original evidence in a court of law or other

Page 3579

proceedings. The Secretary of State of Georgia is hereby authorized to issue certified copies of the charter on file with him, and any copy so certified by him shall be admissible in a court of law or other proceedings as original evidence. Section 12. In the event the proposed single county-wide government charter is ratified by the qualified voters of Muscogee County, as provided in section 11, an election shall be held in accordance with the provisions of said charter to elect the members of the governing authority of said county-wide government. Upon the election of the members of said county-wide governing authority and their taking office as the governing authority of said county-wide government, the existing governments of the City of Columbus and Muscogee County shall stand abolished, all in accordance with the provisions of the charter of said county-wide government. Effective date of combined government. Section 13. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Muscogee County: This is to certify that the attached copy of Notice of intention to apply for a passage of a Bill, pursuant to the authority granted by an amendment to Article XI, Section I, Paragraph VII of the Constitution of the State of Georgia, to create the Muscogee County Charter Commission,

Page 3580

etc., has been published as provided by law once a week for three (3) weeks, namely January 2, January 9, and January 16, 1969, in the Columbus Ledger, the newspaper in which the sheriff's advertisements for Muscogee County are published. This the 24th day of January, 1969. /s/ M. R. Ashworth, Publisher The Columbus Ledger Columbus, Georgia Sworn and subscribed to before me, this the 24th day of January, 1969. /s/ Wallace A. Kitchen Notary Public, Muscogee County, Ga. My commission expires Feb. 10, 1970. (Seal). Notice. Notice is given, hereby, that there will be caused to be introduced at the January, 1969, Session of the General Assembly of the State of Georgia, a Bill, pursuant to the Authority granted by an amendment to Article XI, Section 1, Paragraph VII of the Constitution of the State of Georgia, to create the Muscogee County Charter Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said Commission; to provide for the organizational meetings of said Commission and for the election of a permanent Chairman; to provide for the powers and duties of said Commission; to provide that said Commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of the said Commission and for the payment of same by the governing authorities of the City of Columbus and Muscogee County; to provide that said Commission shall be authorized to study all matters relating to the governments of the City of Columbus and Muscogee County and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Muscogee

Page 3581

County; to provide for the powers of said Commission relating to drafting a proposed county-wide government charter to provide for the submission of such proposed county-wide government charter to the qualified voters of Muscogee County for approval or rejection; to provide the manner in which such charter shall be submitted to said voters; to provide for the conduct of such election and for the certification of the results thereof; to provide for all procedures; and matters connected with the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. /s/ Charles M. Everett Attorney for Muscogee County. Approved April 25, 1969. TOWN OF FORT VALLEYBUSINESS LICENSES. No. 484 (House Bill No. 544). An Act to amend an Act entitled An Act to amend, revise and consolidate the several acts granting corporate authority to the Town of Fort Valley; to confer additional powers upon the mayor and council of Fort Valley; to have the same incorporated as a city; to extend the corporate limits of said city, and for other purposes., approved August 22, 1907 (Ga. L. 1907, p. 651), as amended, so as to authorize the Mayor and Council to levy a license tax upon any occupation, trade or business carried on within said city; to authorize the mayor and city council to regulate and control certain establishments, businesses, calling or avocations; to specify certain establishments, businesses, calling or avocation subject to control; to repeal conflicting laws; and for other purposes.

Page 3582

Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to amend, revise and consolidate the several acts granting corporate authority to the Town of Fort Valley; to confer additional powers upon the Mayor and Council of Fort Valley; to have the same incorporated as a city; to extend the corporate limits of said city, and for other purposes., approved August 22, 1907 (Ga. L. 1907, p. 651), as amended, is hereby amended by striking section 22 in its entirety and inserting in lieu thereof the following: Section 22. The mayor and city council of Fort Valley shall have the power and authority to levy a license tax upon any organization, trade or business carried on within said city, and the power and authority to license, regulate and control all taverns, hotels, cafes, restaurants, boarding-houses, livery stables, hacks, drays and other vehicles, auctioneers, vendue-masters, itinerant traders, theatrical performers, shows, circuses and exhibitions of all kinds, itinerant dealers, agents, peddlers of all kinds, and all other traveling or itinerant venders of articles, goods, wares and merchandise of every nature whatsoever; every keeper of a billiard table, pool or bagatelle table kept for public use, every keeper of a shooting gallery, ten-pin alley, or any table, stand or place for the performance of any game or play, whether played with sticks, balls, rings or other contrivance; every keeper of flying horses, bicycle, velocipede or skating rinks; insurance agents of all types, brokers and dealers in futures, loan agents for any other business or calling whatever; keepers of slaughter-houses or beef-markets, green grocers, dealers in fish, oysters, vegetables, fruits, breads and other articles of food; junk dealers; pawn-brokers; and upon all other establishments, businesses, callings or avocations not heretofore mentioned, and which, under the laws and Constitution of the State of Georgia are subject to license. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3583

Notice of Intention to Submit Legislation. Notice is hereby given that the undersigned will submit to the 1969 session of the Georgia General Assembly legislation in the form of an Act to authorize the mayor and city council of Fort Valley to levy a license tax upon any occupation, trade or business carried on within said city; authorize the mayor and city council to regulate and control certain establishments, businesses, calling or avocation subject to control; to repeal conflicting laws; and for other purposes. Daniel K. Grahl Representative, 40th District, Crawford Peach Counties Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Daniel K. Grahl who, on oath, deposes and says that he is Representative from the 40th District, and that the attached copy of notice of intention to introduce local legislation was published in The Leader-Tribune which is the official organ of Peach County, on the following dates: January 23, 30 and February 6, 1960. /s/ Daniel K. Grahl Representative, 40th District, Sworn to and subscribed before me, this 20th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 25, 1969.

Page 3584

TOWN OF FORT VALLEYCHARTER AMENDED. No. 485 (House Bill No. 545). An Act to amend an Act entitled An Act to amend, revise and consolidate the several Acts granting corporate authority to the Town of Fort Valley; to confer additional powers upon the mayor and council of Fort Valley; to have the same incorporated as a city; to extend the corporate limits of said city; and for other purposes., approved August 22, 1907 (Ga. L. 1907, p. 651), as amended, so as to authorize the mayor and city council to require the owner of any improved property in said city to provide suitable privy or water closet accommodations upon such improved premises; to take all necessary and proper means for keeping the corporate limits of said city free from garbage, trash and filth of all kinds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to amend, revise and consolidate the several Acts granting corporate authority to the Town of Fort Valley; to confer additional powers upon the mayor and council of Fort Valley; to have the same incorporated as a city; to extend the corporate limits of said city; and for other purposes., approved August 22, 1907 (Ga. L. 1907, p. 651), as amended, is hereby amended by striking section 32 in its entirety and by inserting in lieu thereof the following: Section 32. The mayor and city council of Fort Valley shall have full power and authority to require the owner of any improved property in said city to provide suitable privy or water closet accommodations upon such improved premises, whenever in their judgment such improvements are necessary to preserve the health or protect the sanitary interests of citizens of any neighborhood within the city, and to take all necessary and proper means for keeping the corporate limits of said city free from garbage, trash and filth of all kinds. Said mayor and city council are

Page 3585

authorized to enforce the provisions of this section by proper ordinances. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Submit Legislation. Notice is hereby given that the undersigned will submit to the 1969 session of the Georgia General Assembly legislation in the form of an Act to authorize the mayor and city council of Fort Valley to require the owner of any improved property in said city to provide suitable privy or water closet accommodations upon such improved premises; to take all necessary and proper means for keeping the corporate limits of said city free from garbage, trash and filth of all kinds; to repeal conflicting laws; and for other purposes. Daniel K. Grahl Representative, 40th District, Crawford Peach Counties Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Daniel K. Grahl who, on oath, deposes and says that he is Representative from the 40th District, and that the attached copy of notice of intention to introduce local legislation was published in The Leader-Tribune which is the official organ of Peach County, on the following dates: January 23, 30 and February 6, 1960. /s/ Daniel K. Grahl Representative, 40th District

Page 3586

Sworn to and subscribed before me, this 20th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 25, 1969. DEKALB COUNTYTERMS OF MEMBERS OF BOARD OF EDUCATION. No. 486 (House Bill No. 558). An Act to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected and providing for the terms and method of electing such members, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, so as to change the terms of office of the members of the board of education; to make provisions for the incumbent members of the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected and providing for the terms and method of electing such members, approved April 12, 1963 (Ga. L. 1963, p. 3424), is hereby amended by striking in its entirety section 2 and substituting in lieu thereof a new section 2 to read as follows: Section 2. Successors to the present members of the board of education shall be elected in the General Election which is conducted in that year in which each member's term of office shall expire, and they shall take office on the first day of January following their election and serve for

Page 3587

a term of office of four years and until their successors are duly elected and qualified. Section 2. The members of the Board of Education of DeKalb County serving at the time of the approval of this Act shall continue to serve out the terms of office to which they were elected. Their successors shall be elected as provided for by Section 1 of this Act, and they shall take office and serve for the term of office as provided for therein. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be filed at this session of the General Assembly of Georgia which convened January 13, 1969, legislation to provide for the reduction in the length of the terms of the members of the Board of Education of DeKalb County; and for other purposes. J. R. Westlake Representative, District 75, Post 3 Georgia, DeKalb County. Personally appeared before the undersigned officer authorized by law to administer oaths, Britt Fayssoux, who, being duly sworn, deposes and states on oath that he is general manager of the New Era Publishing Company, Inc., a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the New Era Publishing Company, Inc. is the publisher of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the county of DeKalb, and further avers that legal notice, a true copy of which is hereto attached, notice of intention to introduce local legislation was duly published once a week for 3 weeks as required by law, the dates of publication being January 23, January 30, and February 6, 1969. /s/ Britt Fayssoux

Page 3588

Sworn to and subscribed before me, this 7 day of February, 1969. /s/ Carol E. Wheeler Notary Public, Georgia, State at Large. My Commission Expires Feb. 21, 1971. (Seal). Approved April 25, 1969. CIVIL AND CRIMINAL COURT OF COBB COUNTYSALARIES OF JUDGES AND CLERK. No. 488 (House Bill No. 591). An Act to amend an Act creating the Civil and Criminal Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended by an Act approved April 8, 1965 (Ga. L. 1965, p. 3313), an Act approved March 2, 1966 (Ga. L. 1966, p. 2904), and an Act approved April 1, 1968 (Ga. L. 1968, p. 2948), so as to change the compensation of the judges and the clerk of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Civil and Criminal Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended by an Act approved April 8, 1965 (Ga. L. 1965, p. 3313), an Act approved March 2, 1966 (Ga. L. 1966, p. 2904), and an Act approved April 1, 1968 (Ga. L. 1968, p. 2948), is hereby amended by striking from section 23 the figures $19,000.00 and $10,500.00, and inserting in lieu thereof the figures $20,900.00 and $11,550.00, respectively, so that when so amended, section 23 shall read as follows: Section 23. The salary of the judges of the Civil and Criminal Court of Cobb County shall be $20,900.00 per

Page 3589

annum, payable in equal monthly installments from the funds of Cobb County. The clerk of the Civil and Criminal Court shall receive an annual salary of $11,550.00, payable in equal monthly installments from the funds of Cobb County. The deputy clerks and other administrative personnel of said court shall receive such compensation as shall be fixed by the governing authority of Cobb County. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be Introduced at the January-February 1969 Session of the General Assembly of Georgia, a bill to amend an Act creating the Civil and Criminal Court of Cobb County, approved March 28, 1964 (Ga. L. 1964, p. 3211); and for other purposes. This 20th day of December, 1968. Cyrus M. Chapman Sam P. Hensley Senators George H. Kreeger Eugene Housley Howard Atherton A. L. Burruss Joe Mack Wilson J. H. Henderson, Jr. Hugh Lee McDaniell Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George H. Kreeger

Page 3590

who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of notice of intention to introduce local legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 24, 31 and February 7, 1969. /s/ George H. Kreeger Representative, 117th District Sworn to and subscribed before me, this 24th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 25, 1969. TOWN OF SCOTTNEW CHARTER. No. 490 (House Bill No. 596). An Act to provide a new charter for the Town of Scott in the County of Johnson; to provide for a mayor and council and other officers; to prescribe their duties, and to provide for the enacting of all necessary ordinances; to provide penalties for the violation of the same; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Town of Scott, in the County of Johnson, is hereby incorporated under the name and style of the Town of Scott, and as such shall be entitled to sue and be sued, plead and be impleaded, and do such other acts as may be authorized by this Act. Incorporated.

Page 3591

Section 2. The corporate limits of said town shall extend one-half mile in every direction from the depot in said town. Corporate limits. Section 3. The general election in said town shall be held on the first Saturday in October of each year. All qualified electors of Johnson County who reside within the corporate limits of the Town of Scott shall be qualified to vote for mayor and councilmen of said town, and shall be qualified to hold the office of mayor or councilmen. Elections, etc. Section 4. The governing authority of said town shall be composed of a mayor and three councilmen. Candidates elected to such offices shall take office on the first day of January following their election and they shall serve for a term of office for one year and until their successors are duly elected and qualified. The first election to be held under the provisions of this charter shall be conducted by the municipal superintendent who may be appointed by the ordinary of Johnson County to conduct said election in the event the governing authority of said town shall fail to appoint an election superintendent. Governing authority. Section 5. The mayor and councilmen shall have power and authority to pass all laws and ordinances that they may deem necessary for the government of said town, and protection of property from loss by fire and damage therein, and for the protection of the lives and persons of the citizens generally. Powers. Section 6. The mayor and councilmen shall have power and authority to levy and collect taxes not to exceed one percent upon all property, both real and personal, within the corporate limits of said town; the collection of said taxes may be enforced by execution issued by the clerk in the name of the mayor, and the levy and sale of property as in other cases of the sale of property. All the levies of the tax executions shall be made by the marshal or deputy, and all sales shall be conducted as the sales of the sheriffs of this State in case of the levy of tax executions. Taxes. Section 7. The mayor of said town, and in his absence

Page 3592

the mayor pro tem., who shall be elected by the councilmen from their own number, shall be chief executive officer of said town. It shall be his duty to see that the ordinances, bylaws, rules and orders of the councilmen are fully executed, and it shall be his special duty to see that the peace and good order of said town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of rioters and disorderly persons in said town. He shall have power to issue executions for all fines, penalties and costs imposed upon them, and issue warrants for the arrest of all disorderly persons in said town, and in default of the immediate payment of all fines and penalties and costs imposed he may imprison the defendant for a period of not exceeding sixty days, or sentence him to work upon the streets of said town not exceeding sixty days. The fines imposed by the mayor shall not be more than fifty dollars. Mayor, ets. Section 8. The mayor and councilmen at their first meeting, or as early as possible, after they have been elected and installed, shall elect a clerk, who may be one of their number, or any citizen of said town, and at the same time shall elect a marshal, and if necessary, a deputy marshal. These officers, before entering upon the discharge of their duties, shall be required to take and subscribe to the oath before the mayor, and they and each of them will well and faithfully discharge their several duties as clerk, treasurer or marshal, as the case may be, to the best of their skill and knowledge. Duties of council. Section 9. The clerk and marshal shall receive such salaries, to be determined before the election of said clerk and marshal, by the mayor and council. Salaries. Section 10. The mayor and councilmen shall have the power to tax all shows to which admission fee is charged, and in addition the ad valorem taxes levied; shall have power to tax all business enterprises as they may deem to be in the best interest of the town. Taxes. Section 11. The mayor and councilmen of the Town of

Page 3593

Scott shall have the power to close, open, alter, lay out and keep in good order and repair the roads, streets and alleys, sidewalks, crossways, street crossings and ditches, for the use of the public and the citizens thereof, and keep them free of obstructions, and abate or cause to be abated what, in the opinion of the majority of the whole council, should be a nuisance, and enact all necessary rules and regulations to protect the health of the town, and for general sanitary purposes. Streets, etc. Section 12. An Act incorporating the Town of Scott, approved August 6, 1904 (Ga. L. 1904, p. 608), is hereby repealed in its entirety. 1904 act repealed. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to provide a new charter for the Town of Scott; and for other purposes. This 21 day of January, 1969. Emory L. Rowland Dub Douglas Representative, 42nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory L. Rowland who, on oath, deposes and says that he is Representative from the 42nd District, and that the attached copy of notice of intention to introduce local legislation was published in The Wrightsville Headlight which is the official organ of Johnson County, on the following dates: January 30 and February 6, 13, 1969.

Page 3594

/s/ E. L. Rowland Representative, 42nd District Sworn to and subscribed before me, this 24th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 25, 1969. PUTNAM COUNTYSALARY OF CLERK OF SUPERIOR COURT, ETC., REFERENDUM. No. 491 (House Bill No. 597). An Act to amended an Act placing the sheriff, clerk of the superior court, the ordinary, the tax collector and the tax receiver of Putnam County on a salary basis, approved February 27, 1962 (Ga. L. 1962, p. 2440), so as to change the compensation of the clerk of the superior court of Putnam County; to change the compensation for clerical help for the clerk; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff, clerk of the superior court, the ordinary, the tax collector and the tax receiver of Putnam County on a salary basis, approved February 27, 1962 (Ga. L. 1962, p. 2440), is hereby amended by striking from section 3 the words and figures sixty-five hundred ($6,500.00) dollars, and the words and figures twelve hundred ($1,200.00) dollars, and inserting in lieu thereof the words and figures seven thousand five hundred ($7,500.00) dollars and three thousand ($3,000.00) dollars,

Page 3595

respectively, so that when so amended, section 3 shall read as follows: Section 3. The clerk of the superior court shall be compensated in the amount of seven thousand, five hundred ($7,500.00) dollars per annum, to be paid in equal monthly installments from the funds of Putnam County. Such compensation shall be in lieu of all fees, costs, and perquisites of whatever kind heretofore received by the clerk of the superior courts. The clerk shall be compensated in the amount of three thousand ($3,000.00) dollars per annum, for clerical help, to be paid in equal monthly installments from the funds of Putnam County. Salaries. Section 2. Not less than 15 nor more than 20 days after the date of the approval of this Act by the Governor, or after the date it becomes law without his approval, it shall be the duty of the ordinary of Putnam County to issue the call for an election for the purpose of submitting this Act to the voters of Putnam County for approval or rejection. The ordinary shall set the date of such election for a date not less than 30 nor more than 45 days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Putnam County. The ballot shall written or printed thereon the words: YES () NO () Shall the Act changing the compensation of the clerk of the superior court of Putnam County and changing the compensation for clerical help for the clerk be approved? Referendum. All persons desiring to vote for approval of the Act shall vote Yes. All persons desiring to vote against approval of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect on the first day of the month following the month in which the election is held, otherwise it shall be void and of no force and effect. The

Page 3596

expense of such election shall be borne by Putnam County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the laws governing special elections. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Putnam County. Notice is hereby given that a local bill will be introduced in the 1969 Session of the General Assembly of Georgia to amend acts setting the salaries of the county officials of Putnam County and creating an addition deputy for the sheriff of said county and setting their salaries so as to set an effective date for the changes and to repeal conflicting laws and for other purposes and so as: 1. To set the salary of the ordinary of Putnam County at $6,000.00 per annum. 2. To set the salary of the sheriff of Putnam County at $9,000.00 and to provide two deputies for said officer at maximum salaries of $5400.00 and $4800.00 each. 3. To set the Putnam County tax commissioner's salary at $11,000.00 per annum in lieu of all other fees and commissions and to provide a clerk for this office at a maximum of $3600.00 per year. 4. To set the salary of the clerk of superior court of Putnam County at $7500.00 per year, and a salary of $3000.00 per year for a deputy clerk. 5. To set the salary of the clerk of the Putnam County commissioners at $4200.00 per annum.

Page 3597

6. To set the salary of the chairman of the Putnam County Commissioners at $3600.00 per annum, and the other two members salaries at $1800.00 per annum each. This the 14th day of January, 1969. Marvin E. Moate Representative, 28th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Marvin E. Moate who, on oath, deposes and says that he is Representative from the 28th District, and that the attached copy of notice of intention to introduce local legislation was published in The Eatonton Messenger which is the official organ of Putnam County, on the following dates: January 16th, 23rd, 30th, 1969. /s/ Marvin E. Moate Representative, 28th District Sworn to and subscribed before me, this 24th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 25, 1969.

Page 3598

PUTNAM COUNTYSALARIES OF MEMBERS OF BOARD OF COUNTY COMMISSIONERS AND CLERK, REFERENDUM. No. 492 (House Bill No. 598). An Act to amend an Act creating a board of commissioners of roads and revenues for the County of Putnam, approved September 8, 1879 (Ga. L. 1878-79, p. 334), as amended, particularly by an Act approved August 12, 1921 (Ga. L. 1921, p. 555), and an Act approved February 13, 1957 (Ga. L. 1957, p. 2130), so as to change the compensation of the chairman and the members of the board, and the clerk of the board; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for the County of Putnam, approved September 8, 1879 (Ga. L. 1878-79, p. 334), as amended, particularly by an Act approved August 12, 1921 (Ga. L. 1921, p. 555), and an Act approved February 13, 1957 (Ga. L. 1957, p. 2130), is hereby amended by striking from the unnumbered section, relating to the compensation of the chairman and members of the board, of the aforesaid amendatory Act of 1957, the following: $75.00 per month, payable monthly, and inserting in lieu thereof the following: $300.00 per month, and by striking the following: $50.00 per month, payable monthly,, and inserting in lieu thereof the following: $150.00 per month,

Page 3599

so that when so amended said unnumbered section shall read as follows: Be it further enacted by the authority aforesaid, that the chairman of the board of commissioners of roads and revenues of Putnam County shall receive a salary of $300.00 per month, during his term of office and until his successor is elected and qualified; and the other members of said board shall receive a salary of $150.00 per month, during their terms of office and until their successors are elected and qualified. They shall receive no other compensation or per diem, except that the chairman and members of said board shall receive $6.00 per diem subsistence for each day each is required by the duties of his office to be out of Putnam County on official business for the county by approval of a majority of the members of said board; and in addition thereto, each member furnishing transportation out of the county on such official business shall receive 8 cents per mile travelled. The salaries and compensation herein provided shall be paid out of general funds in the treasury of said county. Said salaries and compensation shall be in lieu of any other salary, per diem or compensation which may have been fixed by any legislation prior to the passage of this Act. Salaries of members. Section 2. Said Act is further amended by striking from the unnumbered section, relating to compensation of the clerk of said board, of the aforesaid amendatory Act of 1957, the following: shall receive a salary of not less than $1,500.00 per annum and not more than $3,000.00 per annum, payable in equal monthly installments, which shall be fixed by said board at its first regular or special meeting after approval of this Act, and in January of each year respectively thereafter; and when so fixed, the same shall not be increased or diminished during said year., and inserting in lieu thereof the following: shall receive a salary of $4,200.00 per annum, payable in equal monthly installments,,

Page 3600

so that when so amended, said unnumbered section shall read as follows: Be it further enacted by the authority aforesaid, that said clerk so elected, and each of his successors, shall hold office until the first day of January of the year following his election, and until his successor is elected and qualified, unless removed sooner for cause after an opportunity to be heard thereon. Said board may fill vacancies in said office, on a temporary basis, and may elect a deputy clerk when said clerk shall be absent or incapacitated. Said clerk, and said deptuy clerk during actual time served shall receive a salary of $4,200.00 per annum, payable in equal monthly installments. In addition thereto, said board may provide a subsistence allowance of $6.00 per diem for each day said clerk or said deputy clerk may be required by direction of said board to be out of the county on official business, and mileage of 8 cents per each mile travelled when required to furnish transportation. The salary and compensation herein provided shall be paid out of general funds in the treasury of said county. Clerk's salary. Section 3. Not less than 15 nor more than 20 days after the date of the approval of this Act by the Governor, or after the date it becomes law without his approval, it shall be the duty of the ordinary of Putnam County to issue the call for an election for the purpose of submitting this Act to the voters of Putnam County for approval or rejection. The ordinary shall set the date of such election for a date not less than 30 nor more than 45 days after the date of the issuance of the call. Such date shall be the same date which he sets for a referendum relative to the salary of the clerk of the superior court of Putnam County. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Putnam County. The ballot shall have written or printed thereon the words:

Page 3601

YES () NO () Shall the Act changing the compensation of the Chairman and the members of the Board of Commissioners of Roads and Revenues of Putnam County, and the clerk of the Board be approved? Referendum. All persons desiring to vote for approval of the Act shall vote Yes. All persons desiring to vote against approval of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect on the first day of the month following the month in which the election is held, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Putnam County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the laws governing special elections. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Putnam County. Notice is hereby given that a local bill will be introduced in the 1969 Session of the General Assembly of Georgia to amend acts setting the salaries of the county officials of Putnam County and creating an addition deputy for the sheriff of said county and setting their salaries so as to set an effective date for the changes and to repeal conflicting laws and for other purposes and so as: 1. To set the salary of the ordinary of Putnam County at $6,000.00 per annum. 2. To set the salary of the sheriff of Putnam County at $9,000.00 and to provide two deputies for said officer at maximum salaries of $5400.00 and $4800.00 each.

Page 3602

3. To set the Putnam County tax commissioner's salary at $11,000.00 per annum in lieu of all other fees and commissions and to provide a clerk for this office at a maximum of $3600.00 per year. 4. To set the salary of the clerk of superior court of Putnam County at $7500.00 per year, and a salary of $3000.00 per year for a deputy clerk. 5. To set the salary of the clerk of the Putnam County commissioners at $4200.00 per annum. 6. To set the salary of the chairman of the Putnam County Commissioners at $3600.00 per annum, and the other two members salaries at $1800.00 per annum each. This the 14th day of January, 1969. Marvin E. Moate Representative, 28th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Marvin E. Moate who, on oath, deposes and says that he is Representative from the 28th District, and that the attached copy of notice of intention to introduce local legislation was published in The Eatonton Messenger which is the official organ of Putnam County, on the following dates: January 16th, 23rd, 30th, 1969. /s/ Marvin E. Moate Representative, 28th District Sworn to and subscribed before me, this 24th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 25, 1969.

Page 3603

CHATHAM COUNTY HOSPITAL AUTHORITYAPPOINTMENT OF MEMBERS. No. 493 (House Bill No. 800). An Act to provide for the manner of appointment of members to the Board of the Chatham County Hospital Authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Whenever any vacancy shall occur on the Board of the Chatham County Hospital Authority, the Chatham Commissioners and Ex-Officio Judges thereof shall, by resolution, appoint a person to fill said vacancy. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Chatham. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the 1969 session of the General Assembly of Georgia a bill to provide for the appointment by the Chatham County Commissioners and Ex-Officio Judges thereof of members of the Board of the Chatham County Hospital Authority and for other purposes. J. E. Lambright Chatham County Administrator Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur J. Funk who, on oath, deposes and says that he is Representative from the 92nd District, and that the attached copy of notice of intention to introduce local legislation was published in

Page 3604

the Savannah Evening Press which is the official organ of Chatham County, on the following dates: January 10, 17, and 24th, 1969. /s/ Arthur J. Funk Representative, 92nd District Sworn to and subscribed before me, this 5 day of March, 1969. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My Commission Expires December 26, 1972. (Seal). Approved April 25, 1969. CITY OF ROYSTONRECORDER'S COURT. No. 494 (House Bill No. 801). An Act to amend an Act incorporating the City of Royston, approved August 24, 1905 (Ga. L. 1905, p. 1119), as amended, so as to abolish the mayor's court and to create and establish in lieu thereof a recorder's court; to provide for the powers and duties of the recorder and the recorder's court; to provide for the effectiveness of certain provisions of this Act; 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 Royston, approved August 24, 1905 (Ga. L. 1905, p. 2556), as amended, is hereby amended by adding a new section to be designated as section 40A, to read as follows: Section 40A. (a) The mayor's court of the city of Royston is hereby abolished, except as hereinafter provided,

Page 3605

and a recorder's court for said City of Royston, be, and the same is hereby created and established in lieu thereof. Ceated, jurisdiction. (b) The jurisdiction of such recorder's court shall be the same as that now exercised by the mayor's court under the charter and ordinances of the City of Royston and said recorder's court shall have all the rights, powers, jurisdiction and authority now conferred on the said mayor's court, or of said mayor acting as a court or in a judicial capacity. Section 2. Said Act is further amended by adding a new section to be designated as section 40B, to read as follows: Section 40B. (a) The mayor and council of the City of Royston at their annual election of city officers may elect a recorder whose duty it shall be to preside over said recorder's court with as full and ample authority to try and dispose of all cases within the jurisdiction of said court as the mayor of the City of Royston heretofore had in the mayor's court. Said recorder shall have the power to try all persons for violation of any of the by-laws or ordinances of the City of Royston now in force or hereafter enacted by the mayor and council; or any provision in the charter of the City of Royston; and to impose fines, and punishment for the same, as provided by the charter and ordinances of the City of Royston; to compel the attendance of witnesses at his said court; to impose fines for contempt of court; bind over offenders against the laws of this State to the State courts; to issue warrants for violation of municipal ordinances, or State laws; and to do all things and to have all powers heretofore conferred on the mayor of the City of Royston in the enforcement of the charter and ordinances of said city in reference to said mayor's court or said mayor acting as a court, or in a judicial capacity. Recorder. (b) That the charter, by-laws and ordinances of the mayor and council of the City of Royston now applicable to the mayor's court or of such mayor acting as a court or in a judicial capacity shall apply to and become the law and ordinances governing said recorder's court and said recorder presiding over said court, the mayor and council, however,

Page 3606

having the right to change, repeal or amend said ordinances at will. (c) The salary of the recorder shall be fixed by the mayor and council of the City of Royston prior to his election and shall not be increased or diminished while in office. (d) The term of office of said recorder shall be for one year and he shall hold his office until his successor is elected and qualified. (e) In case of the death, removal or resignation of said recorder the mayor and council may elect a successor to fill the unexpired term. Section 3. Said Act is further amended by adding a new section to be designated as section 40C, to read as follows: Section 40C. The recorder may be at any time removed from office by the mayor and council for malpractice in office or for incompetency. That in case of the absence or disqualification of the recorder the mayor shall have full power and authority to perform the duties of his office and in case of absence or disqualification of the mayor, the mayor pro tem, shall perform such duties, and in case of the absence or disqualification of the mayor pro tem then any member of the council of the City of Royston shall have the right and power to perform the duties of said recorder; the manner of their selection, however, shall be regulated by the ordinances of the mayor and council. Removal of recorder. Section 4. Said Act is further amended by adding a new section to be designated as section 40D, to read as follows: Section 40D. There shall be no appeal from the decision or judgment of the recorder to the mayor and council of the City of Royston, but that all defendants who are convicted and fined in the recorder's court shall have the right of certiorari from the decision and judgment of said court to the superior court under the general laws of the State now governing such cases from municipal or recorder's courts. Certiorari.

Page 3607

Section 5. Said Act is further amended by adding a new section to be designated as section 40E, to read as follows: Section 40E. (a) No person shall be eligible to the office of recorder who is less than twenty-five years of age and who has resided in the City of Royston less than one year, nor shall any person acting as recorder of said court be eligible to any other office in the City of Royston during the term of his office as recorder. Qualifications, oath, etc. (b) Said recorder before entering upon his duties, shall take an oath before the mayor, the form of which oath is to be prescribed by the mayor and council, to enforce the charter, ordinances and by-laws of the City of Royston and to uphold and support the Constitution of the State and of the United States. Section 6. In the event the mayor and council do not elect a recorder, the provisions of this Act, relating to the powers and duties of the recorder, and the creation of and jurisdiction of the recorder's court, shall not become effective and shall not abrogate the powers and duties of the mayor to preside over the mayor's court and the jurisdiction of the mayor's court. Upon the appointment of a recorder as provided in this Act, all the provisions of this Act shall become effective. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the Mayor and Council of the City of Royston, Georgia, intends to apply to the General Assembly of Georgia at the 1969 Session thereof for an amendment to the chapter to the mayor and council of the City of Royston, Georgia, providing for the creation of the offices of city recorder and city manager and for other purposes. A copy of the proposed amendment is on file in the office of the clerk of the superior court of Franklin County, Georgia,

Page 3608

for the purpose of examination and inspection by the public. This 28th day of January, 1969. W. Anderson Dilworth, Mayor, City of Royston, Georgia Thomas M. Strickland City Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. T. Mauldin who, on oath, deposes and says that he is Representative from the 12th District, and that the attached copy of notice of intention to introduce local legislation was published in The Carnesville Herald which is the official organ of Franklin County, on the following dates: January 30, February 6, 13, 1969. /s/ A. T. Mauldin Representative, 12th District Sworn to and subscribed before me, this 3rd day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 25, 1969. MITCHELL COUNTYCOMPENSATION OF BOARD OF COUNTY COMMISSIONERS. No. 495 (House Bill No. 811). An Act to amend an Act entitled An Act to provide for a county board of commissioners for the County of

Page 3609

Mitchell, and to provide and define the power and duties thereof, approved February 20, 1873, and all acts amendatory thereof, and particularly amending Section 2 of the Acts of the General Assembly of Georgia, approved July 19, 1927, an Act of the General Assembly of Georgia, approved March 7, 1955, so as to change the compensation to be paid the commissioners of roads and revenues of Mitchell County, Georgia; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage and approval of this Act, an Act of the General Assembly of Georgia, approved February 20, 1873, providing for a County Board of Commissioners for the County of Mitchell and defining the powers and duties thereof, and all acts amendatory thereof, be and said original act of 1873, as aforesaid, and all amendatory acts thereof, are hereby amended by striking from Section 1 of the amendatory Act of 1958, approved February 14, 1958, (Ga. L. 1958, pp. 2040 et seq.) the words one hundred dollars in line seventeen thereof, and inserting in lieu thereof, not less than fifty dollars and not more than one hundred fifty dollars, and by striking the words one hundred twenty-five dollars in line twenty thereof, and inserting in lieu thereof the words, not less than fifty dollars and not more than one hundred seventy-five dollars, so that said original act, and amendatory acts, relating to compensation of members and chairman of board of commissioners of roads and revenues of Mitchell County, Georgia, as finally amended, will read as follows: Each commissioner of roads and revenues of said County of Mitchell as provided for in this Act shall receive for his services the sum of not less than fifty dollars and not more than one hundred fifty dollars per month; provided, that the chairman so elected by the board of commissioners of roads and revenues of said county shall receive the sum of not less than fifty dollars and not more than one hundred seventy-five dollars per month; said sums to be paid out of the treasury of said county upon warrants duly drawn by said board of commissioners of said county, all other

Page 3610

provisions of said original and amendatory acts to remain the same. Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that this law is to become effective immediately on its passage and approval by the Governor of Georgia, or as otherwise provided by law. Effective date. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are repealed. Notice of Local Legislation. There will be introduced at its 1969 session of the General Assembly of Georgia, a local bill affecting the board of commissioners of roads and revenues of Mitchell County, Georgia, the caption of which, is as follows: An Act to Amend an Act entitled An Act to provide for a county board of commissioners for the County of Mitchell, and to provide and define the powers and duties thereof, approved February 20, 1873, and all acts amendatory thereof, and particularly amending Section 2 of the Acts of the General Assembly of Georgia, approved July 19, 1927, an Act of the General Assembly of Georgia, approved February 14, 1958, so as to change the compensation to be paid the commissioners of roads and revenues of Mitchell County, Georgia, and for other purposes., This the 12th day of February 1969. J. Harry Collins, Chairman Board of Commissioners of Roads and Revenues of Mitchell County Attest: /s/ DeLena B. Davidson Clerk (Seal).

Page 3611

Georgia, Mitchell County. I, B. T. Burson, being first duly sworn, on oath say; that I am editor and publisher of The Camilla Enterprise, a weekly newspaper and official organ of Mitchell County, Georgia, in which sheriff's advertisements are published and the above and foregoing is a true and correct copy of a notice to apply for legislation, which notice appeared in said newspaper in issues dated February 14, February 21, and February 28, 1969. /s/ B. T. Burson Sworn to and subscribed before me, this 28th day of February, 1969. /s/ Mary W. Lundy Notary Public, Mitchell County, Georgia. My Commission Expires Mar. 25, 1971. (Seal). Approved April 25, 1969. DEKALB COUNTY HOSPITAL AUTHORITYVACANCIES. No. 497 (House Bill No. 819). An Act to provide that the governing authority of DeKalb County shall fill any vacancies occurring in the membership of the DeKalb County Hospital Authority by a majority vote of the members of said governing authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any vacancy occurring in the membership of the DeKalb County Hospital Authority for any reason, including vacancies occurring because of expiration of terms, shall hereafter be filled by the governing authority of DeKalb

Page 3612

County by a majority vote of the full membership of said governing authority. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to provide for the filling of vacancies in the membership of the DeKalb County Hospital authority; and for other purposes. This 10th day of February, 1969. J. H. Higginbotham Represenative, 75th District Georgia, DeKalb County. Personally appeared before the undersigned officer authorized by law to administer oaths, Britt Fayssoux, who, being duly sworn, deposes and states on oath that he is general manager of the New Era Publishing Company, Inc., a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the New Era Publishing Company, Inc. is the publisher of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the county of DeKalb, and further avers that legal notice, a true copy of which is hereto attached, notice of intention to introduce local legislation was duly published once a week for 3 weeks as required by law, the dates of publication being February 13, February 20, and February 27, 1969. /s/ Britt Fayssoux

Page 3613

Sworn to and subscribed before me, this 27th day of February, 1969. /s/ Carol E. Wheeler Notary Public, Georgia, State at Large. My Commission Expires Feb. 21, 1971. (Seal). Approved April 25, 1969. ATKINSON COUNTYCLERK OF SUPERIOR COURT PLACED ON SALARY BASIS. No. 498 (House Bill No. 820). An Act to abolish the present mode of compensating the clerk of the superior court of Atkinson County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the Clerk of the superior court of Atkinson County, known as the fee system, is hereby abolished, and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Salary basis. Section 2. The said clerk shall receive an annual salary of $6,900.00, payable in equal monthly installments from the funds of Atkinson County. Salary.

Page 3614

Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fine, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the said Clerk shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 4. The said clerk shall have the authority to appoint one deputy, whose annual compensation shall be $2,400.00, payable in equal monthly installments from funds of Atkinson County. It shall be within the sole power and authority of the clerk of the superior court of Atkinson County, during his term of office, to designate and name the person who shall be employed as such deputy and to prescribe his duties and assignments, and to remove or replace him at will and within his sole discretion. Deputy clerk. Section 5. The necessary operating expenses of the said clerk's office, expressly including the compensation of the aforesaid deputy, shall be paid from funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Atkinson County. Office expenses. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Page 3615

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to place the clerk of the superior court of Atkinson County on a salary basis in lieu of a fee basis; to provide for all matters relative to the foregoing; and for other purposes. This 31 day of January, 1969. Robert C. Pafford Representative, 64th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert C. Pafford who, on oath, deposes and says that he is Representative from the 64th District, and that the attached copy of notice of intention to introduce local legislation was published in the Atkinson County Citizen which is the official organ of Atkinson County, on the following dates: February 13, 20, 27, 1969. /s/ Robert C. Pafford Representative, 64th District Sworn to and subscribed before me, this 4th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. Approved April 25, 1969.

Page 3616

LANIER COUNTYSHERIFF'S SALARY, ETC. No. 499 (House Bill No. 823). An Act to amend an Act placing the sheriff of Lanier County on an annual salary, approved February 22, 1965 (Ga. L. 1965, p. 2036), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2191), so as to change the salary of the sheriff and his deputy; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Lanier County on an annual salary, approved February 22, 1965 (Ga. L. 1965, p. 2036), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2191), is hereby amended by striking subsection (a) of section 1 in its entirety and inserting in lieu thereof a new subsection (a), to read as follows: (a) The sheriff shall receive an annual salary of six thousand six hundred dollars ($6,600.00), payable in equal monthly installments from the funds of Lanier County. The sheriff shall be authorized to appoint a deputy who shall be compensated by Lanier County in the sum of three hundred seventy-five dollars ($375.00) per month. In addition to said salary, the governing authority shall remit to the sheriff the additional sum of two hundred dollars ($200.00) each month which shall be for the purpose of meeting the entire remaining costs incurred in operating the sheriff's office, including but not limited to the purchasing of all motor vehicles, supplies and equipment and the maintenance, repair and replacement of the same. Lanier County shall be responsible for feeding all prisoners confined under the jurisdiction of Lanier County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia,

Page 3617

a bill to amend an act placing the sheriff of Lanier County on an annual salary, approved February 22, 1965 (Ga. L. 1965, p. 2036), as amended, so as to change the provisions relating to the compensation of the sheriff and personnel employed in the office of the sheriff, and for other purposes. This the 4th day of February. Robert C. Pafford Rep. 64th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert C. Pafford who, on oath, deposes and says that he is Representative from the 64th District, and that the attached copy of notice of intention to introduce local legislation was published in The Lanier County News which is the official organ of Lanier County, on the following dates: February 6, 13, 20, 1969. /s/ Robert C. Pafford Representative, 64th District Sworn to and subscribed before me, this 4th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 25, 1969. LANIER COUNTYCOMPENSATION OF BOARD OF COUNTY COMMISSIONERS. No. 500 (House Bill No. 825). An Act to amend an Act creating a board of commissioners of roads and revenues for the County of Lanier (now

Page 3618

board of commissioners of Lanier County), approved March 7, 1933 (Ga. L. 1933, p. 602), as amended, particularly by an Act approved April 4, 1967 (Ga. L. 1967, p. 2577), so as to change the compensation of said commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for the County of Lanier (now board of commissioners of Lanier County), approved March 7, 1933 (Ga L. 1933, p. 602), as amended, particularly by an Act approved April 4, 1967 (Ga. L. 1967, p. 2577), is hereby amended by striking section 16 in its entirety and inserting in lieu thereof a new section 16, to read as follows: Section 16. The salary of the chairman of said board shall be $200.00 per month. The salary of each of the other members of said board shall be $150.00 per month. All salaries shall be paid monthly out of the general funds of the county. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation: Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to amend an act to create a board of commissioners of roads and revenues for the county of Lanier, approved March 7, 1933 (Ga. L., 1933, page 302) as amended, so as to change the provisions relating to the compensation of the commissioners; and for other purposes. This the 4th day of February, 1969. Robert C. Pafford Rep. 64th District

Page 3619

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert C. Pafford who, on oath, deposes and says that he is Representative from the 64th District, and that the attached copy of notice of intention to introduce local legislation was published in The Lanier County News which is the official organ of Lanier County, on the following dates: February 6, 13, 20, 1969. /s/ Robert C. Pafford Representative, 64th District Sworn to and subscribed before me, this 4th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 25, 1969. POLK COUNTYMEETINGS OF COUNTY COMMISSIONERS. No. 501 (House Bill No. 826). An Act to amend an Act creating a board of county commissioners of the County of Polk, approved August 19, 1919 (Ga. L. 1919, p. 719), as amended, particularly by an Act approved April 6, 1967 (Ga. L. 1967, p. 2831), so as to provide for regular meetings of the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of county commissioners for the County of Polk, approved August 19, 1919

Page 3620

(Ga. L. 1919, p. 719), as amended, particularly by an Act approved April 6, 1967 (Ga. L. 1967, p. 2831), is hereby amended by striking section 7 in its entirety and inserting in lieu thereof a new section 7, to read as follows: Section 7. The regular meeting of the board of county commissioners shall be the first Tuesday in each month and shall be held at the county courthouse. At the first regular or special meeting of the board in each calendar year hereafter, or as soon thereafter as practicable, the board shall elect a chairman who shall serve for one year, or until his successor is elected and qualified. It shall be the duty of the chairman to preside at all meetings of the board; to approve and sign the minutes of each meeting; to sign, as chairman, all warrants on the county treasury and all orders and processes of said board of commissioners. At said meeting the board shall also elect a vice-chairman to act in the absence, or in the event of disability or disqualification of the chairman, and which vice-chairman, when acting, shall exercise all the duties and powers of the chairman. The chairman or vice-chairman, when acting, shall except as herein provided, perform any and all other duties imposed upon a member of the board of commissioners and in addition shall perform all duties usually incident to and connected with the office of chairman of such board. The chairman, or vice-chairman when acting, shall not vote except in the event of a tie-vote, in which case he must vote, provided that the chairman or vice-chairman when acting, shall be vested with a veto which he may exercise on any resolution, ordinance, or any other action of said board. The chairman, or vice-chairman when acting, shall have three calendar days, not including the date on which the action to be vetoed was taken, in which to exercise the veto, provided, he shall, prior to the close of the meeting at which said proposed action, resolution or ordinance is adopted, declare his intention to veto. The veto shall be exercised by notifying the clerk of the board in writing.

Page 3621

A two-third's vote of the board members present and voting shall be necessary to override any veto. In the event of the exercise of the veto power by the chairman, or vice-chairman when acting, upon petition in writing by a majority of the board, the chairman or vice-chairman, shall call a special meeting of the board to be held within five days of the presentation of said petition, for the purpose of considering overriding of the veto, and the resolution, ordinance, or action vetoed shall be the first item of business at such special meeting. Special meetings of the board of commissioners of roads and revenues of Polk County, Georgia, may be called at any time by the chairman and must be called at any time by the chairman upon petition by a majority of the members thereof. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation: Notice is hereby given that there will be introduced at the January, 1969, session of the General Assembly of Georgia, a bill to amend the Act creating the board of commissioners of roads and revenues in and for the County of Polk, so as to provide that said board hold its regular meeting at 7:30 p.m. on the first Tuesday of each month; to repeal conflicting laws; and for other purposes. Nathan Dean, Representative, Polk County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Nathan Dean who, on oath, deposes and says that he is Representative from the 19th District, and that the attached copy of notice of intention to introduce local legislation was published in the Cedartown Standard which is the official

Page 3622

organ of Polk County, on the following dates: January 20 and 27 and February 3 and 10, 1969. /s/ Nathan Dean Representative, 19th District Sworn to and subscribed before me, this 6th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. Approved April 25, 1969. POLK COUNTYSHERIFF'S MOTOR VEHICLES. No. 502 (House Bill No. 827). An Act to amend an Act placing certain officers of Polk County on an annual salary in lieu of the fee system of compensation, approved March 10, 1959 (Ga. L. 1959, p. 2732), as amended, particularly by an Act approved March 25, 1964 (Ga. L. 1964, p. 3185), so as to provide for an additional motor vehicle for use by the sheriff of said county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing certain officers of Polk County on annual salary in lieu of the fee system of compensation, approved March 10, 1959 (Ga. L. 1959, p. 2732), as amended, particularly by an Act approved March 25, 1964 (Ga. L. 1964, p. 3185), is hereby amended by striking subsection (c) of section 2 in its entirety and inserting in lieu thereof a new subsection (c) of section 2, to read as follows:

Page 3623

(c) The sheriff of Polk County, who is also sheriff of the city court of said county, shall receive a salary of nine thousand dollars ($9,000.00) per annum. The said sheriff shall employ two deputies to be paid at the rate of six thousand dollars ($6,000.00) per annum each. In addition to the salary provided for above the sheriff shall receive three vehicles to be furnished by the county, ownership of said vehicles to be vested in Polk County and new vehicles to be furnished at intervals not exceeding three years to be used by him for the business of his office. All expenses of such vehicles shall be paid directly from the governing authority of Polk County to the person or persons entitled thereto upon proper voucher signed by the sheriff and submitted to the governing authority, within the limits of the budgets hereinafter provided for. The governing authority shall assume all responsibilities and duties for the operation of the jail of Polk County, insofar as same pertain to the feeding and care of the prisoners incarcerated therein. The sheriff shall receive no fees or perquisites of any nature for the feeding and care of the prisoners or for the operation of the kitchen of the jail. On or before January 15 of each year the sheriff shall submit a budget to the governing authority of Polk County, said budget to be broken down into monthly estimates of the expenses of his office. The governing authority shall have the right to approve or disapprove said budget as it deems proper. In the event the governing authority disagrees with the budget as submitted by the sheriff, it shall immediately notify the sheriff and shall set forth the reasons for such disapproval. In the event the sheriff and governing authority cannot agree on any changes to be made in said budget within thirty days after submission of same by the sheriff, then the sheriff's office shall operate under the budget submitted by him for the previous year. All personnel exclusive of the two provided for in subsection (c) of the office of sheriff of Polk County shall be

Page 3624

hired by the governing authority of Polk County upon recommendation of the sheriff. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation: Notice is hereby given that there will be introduced at the January 1969 Session of the General Assembly of Georgia, a Bill providing for the governing authority of Polk County, Georgia, to furnish an additional motor vehicle for use by the sheriff of said county; to provide for payment of expenses of operation of such vehicle; and for other purposes. This 11th day of February, 1969. Nathan Dean, Representative, Polk County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Nathan Dean who, on oath, deposes and says that he is Representative from the 19th District, and that the attached copy of notice of intention to introduce local legislation was published in the Cedartown Standard which is the official organ of Polk County, on the following dates: February 13, 20 and 27, 1969. /s/ Nathan Dean Representative, 19th District Sworn to and subscribed before me, this 6th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 25, 1959.

Page 3625

CITY COURT OF BAINBRIDGENAME CHANGED TO CIVIL AND CRIMINAL COURT OF DECATUR COUNTY. No. 503 (House Bill No. 829). An Act to amend an Act creating the City Court of Bainbridge, approved November 7, 1900 (Ga. L. 1900, p. 104), as amended, so as to change the name of said court to the Civil and Criminal Court of Decatur County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the City Court of Bainbridge, approved November 7, 1900 (Ga. L. 1900, p. 104), as amended, is hereby amended by striking therefrom wherever the same shall appear the words City Court of Bainbridge and City Court and substituting in lieu thereof the words Civil and Criminal Court of Decatur County. Name. Section 2. The change in the name of said court accomplished by the provisions of this Act is not intended to have any effect whatsoever upon the constitutional status, jurisdiction, personnel, practice and procedure and other related matters of said court, and in regards to such matters, this Act shall have no effect whatsoever. This Act is intended solely to effect a change in the name of said court so that henceforth, said court shall be known as the Civil and Criminal Court of Decatur County. Intent. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to change the name of the City Court of Bainbridge

Page 3626

to the Civil and Criminal Court of Decatur County; and for other purposes. This 31 day of January, 1969. A. Wallace Cato Representative, 68th District J. Willis Conger Representative, 68th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. Wallace Cato, who, on oath, deposes and says that he is Representative from the 68th District, and that the attached copy of notice of intention to introduce local legislation was published in The Post-Searchlight which is the official organ of Decatur County, on the folowing dates: February 6, 13, 20, and 27, 1969. /s/ A. Wallace Cato Representative 68th District, Post # 2 Sworn to and subscribed before me, this 27th day of February, 1969. /s/ Charles L. Carnes Notary Public, Georgia. My Commission expires Nov. 9, 1969. Approved April 25, 1969. CITY OF HARTWELLCHARTER AMENDED. No. 505 (House Bill No. 835). An Act to amend an Act incorporating the City of Hartwell, approved February 26, 1856 (Ga. L. 1855-56, p. 382), as amended, particularly by an Act approved November

Page 3627

15, 1901 (Ga. L. 1901, p. 421), so as to change the term of office of the mayor; to provide that the aldermen shall receive such compensation as the board of aldermen shall fix; 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 Hartwell, approved February 26, 1856 (Ga. L. 1855-56, p. 382), as amended, particularly by an Act approved November 15, 1901 (Ga. L. 1901, p. 421), is hereby amended by adding between sections 2 and 3 the following sections: Section 2A. Notwithstanding the provisions of the above section to the contrary, at the expiration of the present term of office of the mayor of the City of Hartwell, his successor shall be elected to a term of office of three years and until his successor is duly elected and qualified; and, thereafter, candidates elected to the office of mayor shall be elected every three years thereafter in the city general election and they shall serve for a term of office of three years and until their successors are duly elected and qualified. Mayor's term. Section 2B. The members of the board of aldermen of the City of Hartwell shall receive such compensation for their services as such, as the board of aldermen shall fix. Compensation of aldermen. Section 2. 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 in the 1969 Session of the General Assembly of Georgia a bill amending the charter of the City of Hartwell, Georgia so as to provide

Page 3628

compensation for the members of the board of aldermen of Hartwell, Georgia, and for other purposes. This, the 10th day of February, 1969. William D. Milford, Representative, 12th District, House of Representatives. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced in the 1969 Session of the General Assembly of Georgia a bill amending the charter of the City of Hartwell, Georgia so as to provide a three year term for the mayor of the City of Hartwell, and for other purposes. This, the 10th day of February, 1969. William D. Milford, Representative, 12th District, House of Representatives. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. (Billy) Milford who, on oath, deposes and says that he is Representative from the 12th District, and that the attached copies of notices of intention to introduce local legislation were published in The Hartwell Sun which is the official organ of Hart County, on the following dates: February 13, 20, 27, 1969. /s/ William D. Milford Representative, 12th District Sworn to and subscribed before me, this 6th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 25, 1969.

Page 3629

MONROE COUNTYCOMPENSATION OF BOARD OF COUNTY COMMISSIONERS. No. 506 (House Bill No. 856). An Act to amend an Act creating a board of commissioners of Monroe County, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, particularly by an Act approved August 4, 1917 (Ga. L. 1917, p. 372), an Act approved February 13, 1950 (Ga. L. 1950, p. 2362), and an Act approved March 13, 1957 (Ga. L. 1957, p. 3228), so as to change the compensation of the commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of Monroe County, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, particularly by an Act approved August 4, 1917 (Ga. L. 1917, p. 372), an Act approved February 13, 1950 (Ga. L. 1950, p. 2362), and an Act approved March 13, 1957 (Ga. L. 1957, p. 3228), is hereby amended by striking the last sentence of section 6 and inserting in lieu thereof the following: The chairman of the board of commissioners shall be compensated in the amount of $200.00 per month to be paid from the funds of Monroe County. The other members of the board of commissioners shall be compensated in the amount of $150.00 per month to be paid from the funds of Monroe County. Salaries. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3630

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969 Session of the General Assembly of Georgia, a bill to change the compensation of the members of the board of commissioners of Monroe County; and for other purposes. This 1st day of February, 1969. Harold G. Clarke Representative, 33rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold G. Clarke who, on oath, deposes and says that he is Representative from the 33rd District, and that the attached copy of notice of intention to introduce local legislation was published in The Monroe Advertiser which is the official organ of Monroe County, on the following dates: February 6, 13, 20, 1969. /s/ Harold G. Clarke Representative, 33rd District Sworn to and subscribed before me, this 10th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 25, 1969.

Page 3631

BURKE COUNTYCOMPENSATION OF BOARD OF COUNTY COMMISSIONERS. No. 507 (House Bill No. 857). An Act to amend an Act creating a board of commissioners of roads and revenues for the County of Burke (now the Board of Commissioners of Burke County), approved August 21, 1911 (Ga. L. 1911, p. 390), as amended, particularly by an Act approved February 6, 1962 (Ga. L. 1962, p. 2066), so as to change the compensation of said board of commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for the County of Burke (now the board of commissioners of Burke County), approved August 21, 1911 (Ga. L. 1911, p. 390), as amended, particularly by an Act approved February 6, 1962 (Ga. L. 1962, p. 2066), is hereby amended by striking in its entirety section 4 and inserting in lieu thereof a new section 4 to read as follows: Section 4. Each member of the Board of Commissioners of Burke County, including the Chairman, shall receive a salary of $65.00 per month, to be paid from funds of Burke County. Salaries. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia a bill changing the compensation of the board of commissioners of Burke County and for other purposes. This 15 day of February, 1969. Preston B. Lewis, Jr. Representative 37 District

Page 3632

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Preston B. Lewis, Jr. who, on oath, deposes and says that he is Representative from the 37th District, and that the attached copy of notice of intention to introduce local legislation was published in The True Citizen, which is the official organ of Burke County, on the following dates: February 19, 26 and March 5, 1969. /s/ Preston B. Lewis, Jr. Representative, 37th District Sworn to and subscribed before me, this 10th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 25, 1969. HARRIS COUNTYACT PLACING SHERIFF ON SALARY BASIS AMENDED. No. 508 (House Bill No. 860). An Act to amend an Act placing the sheriff of Harris County on a salary system in lieu of a fee system, approved March 17, 1960 (Ga. L. 1960, p. 2923), as amended by an Act approved February 26, 1962 (Ga. L. 1962, p. 2235), an Act approved February 28, 1966 (Ga. L. 1966, p. 2105), and an Act approved April 5, 1967 (Ga. L. 1967, p. 2714), so as to provide that the number of deputies shall not be increased or decreased unless such increase or decrease is approved by the sheriff and the governing authority of Harris County; to provide a

Page 3633

maximum mileage limitation on automobiles used by the sheriff's office; to provide for filing of certain accident reports; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Harris County on a salary system in lieu of a fee system, approved March 17, 1960 (Ga. L. 1960, p. 2923), as amended by an Act approved February 26, 1962 (Ga. L. 1962, p. 2235), an Act approved February 28, 1966 (Ga. L. 1966, p. 2105), and an Act approved April 5, 1967 (Ga. L. 1967, p. 2714), is hereby amended by adding to section 3 the following: The number of deputies shall not be increased or decreased unless the sheriff and the governing authority of Harris County concur in such increase or decrease as the case may be., so that when so amended section 3 shall read as follows: Section 3. The sheriff of Harris County shall be authorized to employ at least two (2) uniformed deputies. The sheriff shall fix the salary of each said deputies at not to exceed $6,000.00 per annum, to be paid in equal monthly installments out of county funds. The number of deputies shall not be increased or decreased unless the sheriff and the governing authority of Harris County concur in such increase or decrease as the case may be. Deputy sheriffs. Section 2. Said Act is further amended by adding at the end of section 4 the following: In the event the radio equipped automobiles as provided above have traveled 85,000 miles or more, the governing authority of Harris County shall replace either or both of the automobiles which have exceeded such maximum mileage limitation.,

Page 3634

so that when so amended section 4 shall read as follows: Section 4. Two radio equipped automobiles, expenses for the maintenance thereof, including gas and oil consumed, used for county business, all necessary office expenses, rent, supplies, utilities, and materials, and all actual expenses for hotel, meals, and travel, when out of the county on county business, shall be furnished by Harris County to the sheriff of said county. The sheriff shall have an allowance for uniforms not to exceed $500.00 for each uniformed deputy for the year 1967, and not to exceed $150.00 for each such uniformed deputy for each year thereafter. The sheriff shall also have an allowance for uniforms not to exceed $500.00 for the first year for each new or additional uniformed deputy, and not to exceed $150.00 for each such deputy for each year thereafter. The sheriff shall consult with the governing authority of the county prior to purchasing any uniforms, and the governing authority shall pay for any such uniforms purchased upon itemized bills being submitted and certified by the sheriff. All such uniforms shall be and remain the property of the county. No other personal equipment shall be furnished. In the event the radio equipped automobiles as provided above have traveled 85,000 miles or more, the governing authority of Harris County shall replace either or both of the automobiles which have exceeded such maximum mileage limitation. Automobiles. Section 3. Said Act is further amended by adding a new section between sections 4 and 5 to be designated as section 4A, to read as follows: Section 4A. In the event any automobile operated by and under the jurisdiction of the sheriff's office is involved in an accident, the sheriff of Harris County shall make an accident report to the governing authority of Harris County. Such report shall be similar in detail to other accident reports made by such sheriff when he investigates accidents involving motor vehicles. Accident reports. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3635

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill amending an act changing the compensation of the Sheriff of Harris County from a fee system to a salary system, approved March 17, 1960 (Ga. L. 1960, p. 2923) as amended, so as to provide for maximum mileage limit on the automobiles used by the sheriff's department; to provide for increasing or decreasing the number of uniform deputies for Harris County; to provide for certain accident reports; and for other purposes. This the 18th day of February, 1969. W. Randolph Phillips Representative, 38th District Harris County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable W. Randolph Phillips who, on oath, deposes and says that he is Representative from the 38th District, and that the attached copy of notice of intention to introduce local legislation was published in the Harris County Journal which is the official organ of Harris County, on the following dates: February 20th, 27th, 1969; March 6th, 1969. /s/W. Randolph Phillips Representative, 38th District Sworn to and subscribed before me, this 10th day of March, 1969. /s/ Aralee Strange Mason Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved April 25, 1969.

Page 3636

CITY OF MOUNTAIN VIEWCHARTER AMENDED. No. 509 (House Bill No. 870). An Act to amend an Act creating and incorporating the City of Mountain View, approved February 23, 1956, and which Act is set out in Georgia Laws 1956, pages 2518 through 2525, and the Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and incorporating the City of Mountain View, approved February 23, 1956, and which Act is set out in Georgia Laws 1956, pages 2518 through 2525, and the Acts amendatory thereof, is hereby amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3, to read as follows: Section 3. That the municipal government of said city shall be vested in a mayor and four (4) councilmen, who are hereby constituted a body corporate under the name and style of the City of Mountain View; and by that name and style shall have perpetual succession; shall be capable of contracting, buying and holding property, suing and being sued; shall have all the incidental rights usually conferred upon municipalities and all the rights hereinafter conferred. Upon the approval of this Act as hereinafter provided, an election shall be called for the election of a mayor and council, who shall hold their office until their successors are elected and qualified, the mayor and one councilman being elected for a term expiring January 1, 1957, and three councilmen elected for a term expiring January 1, 1958, after which said officers shall be elected for a term of two years, and until their successors are elected and qualified. On the first Saturday in December of each year beginning in 1956 there shall be an election held for the election of offices expiring on January 1st immediately following. Said election to be held at some public place and time designated by the mayor and council of said city, and shall otherwise be held and conducted as provided by the mayor and council

Page 3637

of said city. The mayor and council shall have the authority to adopt the necessary ordinances providing for the rules and regulations to govern the holding of all elections, governing registration, voting, declaring the results, filing and hearing contests, and all other matters connected therewith. Government. Section 2. Said Act is further amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9, to read as follows: Section 9. There is hereby established and created for the City of Mountain View a recorder's court which shall be presided over by a recorder appointed annually by the mayor and council. The recorder shall be at least thirty (30) years of age and shall have been a citizen of the United States and of the State of Georgia for ten (10) years prior to his appointment, and shall meet such other qualifiactions as the mayor and council of the City of Mountain View may prescribe. The recorder of said court shall have the right to designate the dates and times for holding such court. The mayor and council shall set the compensation for such recorder and the manner of paying the same out of the general funds of the city. The recorder shall serve during the term for which he has been appointed unless removed for cause by the mayor and council upon a two-thirds vote of the entire council. Before entering upon the duties of his office, the recorder shall take and subscribe an oath before some officer authorized to administer it, to faithfully discharge the duties of said office. In the absence of the recorder, or in the event the recorder is unable to act or serve, then the mayor of the city shall act as recorder. It shall be the duty of the recorder to hear and try all of those charged with violating the ordinances and laws of said city, and upon conviction he may impose a fine not to exceed $150.00, or in default of payment of said fine, by labor on the streets of said city not to exceed thirty (30) days, or confinement in the common jail not to exceed thirty (30) days, or by fine not to exceed $150.00 and confinement not to exceed thirty (30) days. Anyone dissatisfied with the recorder's decision may appeal within

Page 3638

four (4) days therefrom to the mayor and council and be tried by the mayor and council, whose decision shall be final. The recorder, and the mayor when so acting, shall be to all intents and purposes, a justice of the peace, so far as to enable him to issue warrants for offenses committed within the corporate limits of said city, which warrants shall be executed by the marshal or any policeman of said city and commit offenders to the jail or admit them to bail. It shall be the duty of the jailor of said city to receive all such prisoners so committed and to safely keep the same until discharged by due course of law. Recorder's court. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Mountain View intends to apply for the passage of local legislation at the 1969 session of the General Assembly of Georgia, which convenes in January, 1969, to amend the charter of the City of Mountain View, the title to such bill or bills to be as follows: An Act to amend an Act creating and incorporating the City of Mountain View, approved February 23rd, 1956, and which Act is set out in Georgia Laws 1956, pages 2518 through 2525, and the Acts amendatory thereof, and for other purposes. This 6th day of January, 1969. Mrs. L. L. Chapman, City Clerk Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Lamar Northcutt who, on oath, deposes and says that he is Representative from the 21st District, and that the attached copy of notice of intention to introduce local legislation was published

Page 3639

in the Forest Park Free Press-News Farmer which is the official organ of Clayton County, on the following dates: Jan. 9, 16 and January 23, 1969. /s/ Lamar Northcutt Representative, 21st District Sworn to and subscribed before me, this 7th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 25, 1969. ROCKDALE COUNTYORDINANCES. No. 510 (House Bill No. 871). An Act to empower the governing authority of Rockdale County, Georgia, to adopt ordinances or regulations for the governing and policing of said county for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof as it may deem advisable, not in conflict with the general laws of Georgia or of the United States, and for the implementation and enforcement of all duties or powers now or hereafter vested in said governing authority; to cite the constitutional authority for this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of Rockdale County, Georgia, is hereby empowered to adopt ordinances or regulations for the governing and policing of said county for the purpose of protecting and preserving the health, safety,

Page 3640

welfare and morals of the citizens thereof as it may deem advisable, not in conflict with the general laws of Georgia and of the United States, and for the implementation and enforcement of all duties and powers now or hereafter vested in the said governing authority. Section 2. This Act is enacted pursuant to authority contained in an amendment to Article VI, Section I of the Constitution of Georgia, said amendment found in Georgia Laws 1961, page 622. Authority. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to empower the governing authority of Rockdale County to adopt ordinances or regulations for the governing and policing of said county for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof, not in conflict with the general laws of Georgia or of the United States; and for other purposes. This 18th day of February, 1969. C. R. Vaughn Representative 74 District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. R. Vaughn, Jr. who, on oath, deposes and says that he is Representative from the 74th District, and that the attached copy of notice of intention to introduce local legislation was published in

Page 3641

the Rockdale Citizen which is the official organ of Rockdale County, on the following dates: February 20, 27 and March 6, 1969. /s/ C. R. Vaughn, Jr., Representative, 74th District Sworn to and subscribed before me, this 10th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 25, 1969. TELFAIR COUNTY BOARD OF EDUCATIONMEMBERS, REFERENDUM. No. 512 (House Bill No. 883). An Act to change the number of members of the Telfair County Board of Education from five to seven; to provide that the additional two members shall be members at large; to provide the terms of office of such members at large; to provide for all matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Board of Education of Telfair County shall be composed of seven members, two of which members to be known as members at large. The present members of the Board, serving at the time of the approval of this Act, shall continue to serve out the term to which they were appointed and their successors shall be selected as provided for in Article VIII, Section V, Paragraph I of the Constitution

Page 3642

of Georgia. The members at large of the Board provided by this Act shall be selected in the manner provided for in Article VIII, Section V, Paragraph I of the Constitution of Georgia by the first Grand Jury of Telfair County which convenes after the approval of this Act. One of the members at large shall be appointed for an initial term of office for four years and until his successor is selected and qualified and one member shall be appointed for an initial term of office for five years and until his successor is selected and qualified. Thereafter, the successors to the initial appointments of the members at large of the board shall be selected for terms of office of five years and until their successors are selected and qualified. The grand jury shall not select any two members from the same militia district. Members, etc. Section 2. Not less than thirty, nor more than forty-five days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Telfair County to issue the call for an election for the purpose of submitting this Act to the voters of Telfair County for approval or rejection. The ordinary shall set the date of such election for a day not less than sixty nor more than ninety days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Telfair County. The ballot shall have written or printed thereon the words: For approval of the Act providing that the Board of Education of Telfair County shall be composed of seven members, two of which to be known as members at large, providing that no two members of the Board of Education shall be from the same militia district and providing for staggered terms. Against approval of the Act providing that the Board of Education of Telfair County shall be composed of seven members, two of which to be known as members at large, providing that no two members of the Board of Education shall be from the same militia district and providing for staggered terms. Referendum.

Page 3643

All persons desiring to vote in favor of this Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Telfair County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for the Passage of Local Legislation. Notice is hereby given that there will be introduced at the January, 1969 Session of the General Assembly of Georgia, a bill to change the number of members of the Telfair County Board of Education from five to seven; to provide that the additional two members shall be members at large; to provide the terms of office of such members at large; to provide for all matters relative thereto; to provide for a referendum; and for other purposes. This the 8th day of January, 1969. /s/ J. H. Anderson, Jr. Representative, Telfair County, Georgia. E. Herman Warnock Drawer C McRae, Georgia 31055 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. H. Anderson,

Page 3644

Jr. who, on oath, deposes and says that he is Representative from the 49th District, and that the attached copy of notice of intention to introduce local legislation was published in the Lumber City Log which is the official organ of Telfair County, on the following dates: January 16 and 23, 1969 and January 30, 1969. /s/ J. H. Anderson, Jr. Representative, 49th District Sworn to and subscribed before me, this 10th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 25, 1969. CITY OF HELENACHARTER AMENDED. No. 513 (House Bill No. 884). An Act to amend an Act creating and establishing a charter of the City of Helena in the County of Telfair, State of Georgia, approved December 27, 1890 (Ga. L. 1890-91, Vol. II, p. 634), as amended, particularly by an Act approved August 13, 1910 (Ga. L. 1910, p. 759), so as to vest fee simple title of certain city streets and alleys in the City of Helena; so as to authorize and empower the city to abandon and close by ordinance the same portions of said city streets and alleys; to authorize and empower the city to execute and deliver its deed conveying the title to such abandoned and closed streets and alleys to corporations, boards and individuals owning adjacent lands; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3645

Section 1. An Act creating and establishing a charter of the City of Helena in the County of Telfair, State of Georgia, approved December 27, 1890 (Ga. L. 1890-91, Vol. II, p. 634), as amended, particularly by an Act approved August 13, 1910 (Ga. L. 1910, p. 769), is hereby amended by adding immediately following section 6 two new sections to be known as section 6A and section 6B and to read as follows: Section 6A. There is hereby vested in the City of Helena fee simple title to that certain tract of land in said city, said tract of land being all that part of Twelfth Avenue that lies between Eighth Street on the northeast and Sixth Street on the southwest; also all that part of Seventh Street in said city that lies between Twelfth Avenue on the southeast and Thirteenth Avenue on the northwest; also the entire alley in each of blocks 112 and 113 in said city. Title to described streets. Section 6B. (a) The mayor and councilmen of the City of Helena, Georgia, are hereby authorized and empowered to permanently close, abandon and abolish that portion or section of the streets and alleys described in section 6A of this Act. Power to close, etc. (b) The City of Helena is hereby authorized and empowered to execute and deliver its deed conveying the title of the above portion of city streets and alleys to corporations, boards and individuals owning adjacent lands. Power to convey title. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. City of Helena, Telfair County, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1969, for the passage of a bill entitled as folows: An Act vesting in the City of Helena fee simple title to a certain tract of land in said city, said tract of land being

Page 3646

all that part of Twelfth Avenue that lies between Eighth Street on the northeast and Sixth Street on the southwest; also all that part of Seventh Street in said City that lies between Twelfth Avenue on the southeast and Thirteenth Avenue on the northwest; also the entire alley in each of lots 112 and 113 in said city; empowering said city to convey at any time or times the fee simple title to any part, parts or all of said tract of land to adjacent landowners; and for other purposes. This the 8th day of January, 1969. /s/ J. H. Anderson, Jr. Representative, Telfair County, Georgia. E. Herman Warnock Drawer C McRae, Georgia 31055 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. H. Anderson, Jr., who, on oath, deposes and says that he is Representative from the 49th District, and that the attached copy of notice of intention to introduce local legislation was published in the Lumber City Log which is the official organ of Telfair County, on the folowing dates: January 16 and 23, 1969 and January 30, 1969. /s/ J. H. Anderson, Jr. Representative, 49th District Sworn to and subscribed before me this 10th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 25, 1969.

Page 3647

CITY OF WARNER ROBINSFORM OF GOVERNMENT, REFERENDUM. No. 514 (House Bill No. 885). An Act to amend an Act incorporating the City of Warner Robins, approved March 5, 1943 (Ga. L. 1943, p. 2089), as amended, particularly by an Act approved April 12, 1963 (Ga. L. 1963, p. 3330), and an Act approved March 4, 1966 (Ga. L. 1966, p. 3010), so as to change the form of government of said city from a mayor-council form of government to a council-manager form of government; to abolish the office of mayor; to provide that all of the administrative and executive powers, duties and responsibilities of the mayor shall devolve upon and be exercised by the city manager; to provide for a five-member council; to provide that the present mayor and councilmen of the City of Warner Robins shall continue to serve out the terms to which they were elected as councilmen; to provide for a chairman of the council; to provide that the term mayor and council or words to that effect, when used in the context of referring to the governing authority of the City of Warner Robins, shall be deemed to refer to the council herein provided for; to provide that the city manager shall be the executive officer of the city in charge of all city employees in the classified and non-classified service, and that he shall exercise all the powers, duties and responsibilities in relation thereto formerly vested in the mayor and council pursuant to the provisions of Article II, relating to the creation of a civil service board for said city; to provide for the abolishment of the position of the city manager in the event the electors of the city do not approve of the change in the form of their municipal government; to provide for a referendum; 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 Warner Robins, approved March 5, 1943 (Ga. L. 1943, p. 2089), as amended, particularly by an Act approved April 12, 1963 (Ga. L. 1963, p. 3330), and an Act approved March 4, 1966

Page 3648

(Ga. L. 1966, p. 3010), is hereby amended by striking in its entirety section 5 and substituting in lieu thereof a new section 5 to read as follows: Section 5. The City of Warner Robins shall be governed by a council-manager form of government. The council shall be composed of five councilmen. For the purposes of electing councilmen, there shall be established five posts on the council, numbered one through five, respectively. Every candidate who offers for nomination and election as a councilman shall designate and qualify with the proper authority for a specific post by designating the post of his choice for which he seeks nomination or election. In order to be nominated or elected to the council, a candidate must receive a majority of the votes cast. Form of government. The general election of the city shall be held on the Tuesday after the first Monday in October of each evennumbered year. At the first official meeting of the council in each year, the councilmen shall select one of their members to serve as chairman for the ensuing calendar year. Councilmen shall take office on the first Monday in December following their election after taking oath before a judge of the Superior Court of Houston County, Georgia, to faithfully perform the duties of their offices and shall serve for a term of four years and until their successors are duly elected and qualified. Elections, etc. The elected office of the mayor of Warner Robins is hereby abolished and all administrative and executive powers, duties and responsibilities of the mayor shall devolve upon and be exercised by the city manager provided for in Article III of this charter. Those councilmen serving at the time of the adoption of this section shall serve out the term of office to which they were elected. The mayor serving at the time of the adoption of this section shall serve out the term to which he was elected in the capacity of a councilman; and until his term of office expires, he shall serve as the chairman of the council. In the general election of 1970, successors to the councilmen occupying posts 2 and 4 only shall be elected. In the general election of 1972, no successor

Page 3649

to the present mayor shall be elected, and in such election successors to councilmen occupying posts 1, 3 and 5 only shall be elected. Wherever in this charter the term `mayor and council', or words to that effect, are used, in the context of referring to the governing authority of the City of Warner Robins, such term shall be deemed to refer to the council as herein provided. Office of mayor abolished. Section 2. Said Act is further amended by striking in its entirety section 4 of article II and substituting in lieu thereof a new section 4 to read as follows: Section 4. The city manager shall be the executive officer of the city in charge of all city employees in the classified and non-classified service. His duties shall be as follows: City manager. (A) He shall be responsible for the efficient operation of all departments of the city and the personnel thereof. (B) He shall have authority to employ persons to positions in the classified service of the city after such persons shall have passed examinations established and conducted by the civil service board. Such employee shall be selected by the city manager from a list of not more than three (3) applicants recommended by the civil service board as qualified under said examinations. (C) He shall have authority to appoint persons to jobs in the non-classified service of the city. (D) He shall have authority to promote, demote, suspend and discharge personnel in the classified service of the city, but all such demotions, suspensions, and discharges shall be subject to appeal de novo to the civil service board in the manner herein provided, or by review and decision by the civil service board on its own motion, before becoming final. (E) He shall have authority to promote, demote, suspend and discharge personnel in the non-classified service of the city.

Page 3650

(F) He shall prepare and maintain a classification roster listing all city employees in the classified and nonclassified service in their proper classification. (G) He shall prepare and maintain a pay-plan for all employees in the classified and non-classified service of the city according to position and job classifications. Such pay-plan, to become effective, shall be approved by the mayor and council and all amendments to such pay-plan shall be approved and confirmed by the mayor and council before becoming effective. Section 3. Said Act is further amended by deleting in its entirety Article III, relating to the creation of the position of city manager and setting forth his powers, duties and responsibilities. City manager. Section 4. Not less than 10 nor more than 20 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor of the City of Warner Robins to issue the call for an election for the purpose of submitting this Act to the voters of Warner Robins for approval or rejection. The mayor shall set the date of such election for a day not less than 35 nor more than 45 days after the date of the issuance of the call. The mayor 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 Houston County. The ballot shall have written or printed thereon the words: For approval of the Act abolishing the office of mayor and changing the form of government for the City of Warner Robins from a mayor-council form of government to a council-city manager form of government (commonly referred to as a commission-manager form of government). Referendum. Against approval of the Act abolishing the office of mayor and changing the form of government for the City of Warner Robins from a mayor-council form of government to a council-city manager form of government (commonly

Page 3651

referred to as a commission-manager form of government). All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval, the provisions of sections 1 and 2 of this Act shall become of full force and effect and section 3 shall be void and of no force and effect, otherwise the provisions of sections 1 and 2 shall be void and of no force and effect and the provisions of section 3 shall become of full force and effect. The expense of such election shall be borne by the City of Warner Robins. It shall be the duty of the municipal superintendent of elections to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the superintendent to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention to apply to the January-February, 1969, Session of the General Assembly of Georgia, for the enactment of a bill to amend the charter of the City of Warner Robins, Georgia; to amend the city manager powers and make other changes in mayor and council form of government and its powers. This the 3rd day of February, 1969. Members of Warner Robins City Council Robert F. Beckmann Thomas D. Hunt Jack Humphrey Herman D. Coffey

Page 3652

Georgia, Houston County. Personally appeared before me this date, Cooper Etheridge, publisher of The Houston Home Journal, Perry, Ga., the Official Organ of Houston County, Georgia, who certifies that the legal notice, notice of intention to apply for local legislation, bill to amend the charter of city of Warner Robins, signed by Robert F. Backmann, and others, was published in The Houston Home Journal on the following dates: Feb. 13, 20 and 27, 1969. This 10th day of March, 1969. /s/ Cooper Etheridge Publisher, Houston Home Journal, Perry, Ga. Sworn to and subscribed before me, this 10th day of March, 1969. /s/ Janice E. Colwell Notary Public, Houston County. My commission expires March 7, 1972. (Seal). Approved April 25, 1969. INCREASED PENSIONS TO POLICEMEN, FIREMEN, WIDOWS AND MINOR CHILDREN IN CERTAIN COUNTIES (300,000 OR MORE). No. 521 (House Bill No. 108). An Act to provide for increased pension benefits for policemen and firemen, widows and minor children of the same in certain counties; to provide the procedure for the payment of such benefits; to provide an effective date; to repea conflicting laws; and for other purposes.

Page 3653

Be it enacted by the General Assembly of Georgia as follows: Section 1. All pensions heretofore granted prior to January 1, 1952, to any policeman or fireman, by any pension authority of any county having a population in excess of 300,000, according to the 1950 U. S. Census or any future such census, pursuant to the Act approved March 16, 1939 (Ga. L. 1939, page 278) shall be increased fifty ($50.00) dollars per month, provided no such increase shall result in total payment of more than $200 per month in the aggregate. Section 2. All pensions granted to the widow or minor child of any policeman or fireman by any pension authority of any county having a population in excess of 300,000, according to the 1950 U. S. Census or any future such census, pursuant to the Act approved March 16, 1939 (Ga. L. 1939, p. 278) shall be increased fifty ($50.00) dollars per month. Section 3. The increased pensions authorized by this Act shall be paid by the treasurer or other disbursing officer of any such county out of county funds of such county not derived from taxes, and shall be paid for the length of time provided by law at the time said pensions were granted by the pension authority. Section 4. This Act shall become effective, and benefits shall become payable hereunder commencing April 1, 1969. Effective date. Section 5. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved April 25, 1969. CLERKS OF SUPERIOR COURTSDEPOSIT OF FUNDS, ETC. IN CERTAIN COUNTIES (250,000-500,000). No. 547 (House Bill No. 489). An Act to provide that in all counties of this State having a population of more than 250,000 and less than 500,000 according to the United States Decennial Census or any

Page 3654

future such census, the clerks of the superior courts are authorized and directed to deposit certain funds and deposit the interest to the treasury of the county; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties of this State having a population of more than 250,000 and less than 500,000, according to the United States Decennial Census of 1960 or any future such census, the clerks of the superior courts are hereby authorized and directed to deposit in a bank or savings and loan association money received on any suit or judgment from their court or otherwise and to deposit in the county treasury the interest accumulated as a result of said deposits. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. AUDITS, ETC. OF COUNTY BOARDS OF EDUCATION OF CERTAIN COUNTIES (250,000-500,000). No. 565 (House Bill No. 780). An Act to require the boards of education in certain counties of this State to publish a summary of all receipts and expenditures of said boards on a quarterly basis; to provided for the maintaining of audit reports for public inspection; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3655

Section 1. In all counties of this State having a population of not less than 250,000 nor more than 500,000 according to the United States decennial census of 1960 or any such future census, the board of education in each such county shall publish quarterly a statement of all receipts and disbursements. Said statement shall follow as near as practicable the form and items used in reporting to the State Department of Audits the disbursements of General Fund Expenses. The statement shall contain a notification that a detailed and itemized list of all expenditures and receipts of the board for the immediately preceding year is on file in the office of said board of education for inspection by the public. Said items shall include, but are not limited to, disbursements for administration, instruction, transportation, operation of plant, maintenance of plant, fixed charges, and outlays for improvement. Section 2. The board of education of each such county shall maintain a copy of the county board of education audit reports for the said county as compiled by the State Department of Audits for public inspection in a conspicuous place within the office of such board. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969. DEPOSIT OF COUNTY FUNDS IN BANKS, ETC. IN CERTAIN COUNTIES (18,050-18,300). No. 567 (House Bill No. 798). An Act to amend an Act providing for the disposition of certain funds received by county officials, officers and employees, approved March 10, 1964 (Ga. L. 1964, p. 337), so as to provide that in all counties with populations of not less than 18,050 and not more than 18,300, according

Page 3656

to the 1960 Federal Decennial Census or any future such census, any county official, officer or employee, who deposits county funds with any bank or trust company shall only deposit said funds in an account which is in the official name of said official, officer or employee and which name shall clearly indicate that the funds in the account are county funds and are for official county use only; to provide that each said account shall be audited with the regular county audit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the disposition of certain funds received by county officials, officers and employees, approved March 10, 1964 (Ga. L. 1964, p. 337), is hereby amended by adding to the end of section 1 the following new paragraph: In all counties with populations of not less than 18,050 and not more than 18,300, according to the 1960 Federal Decennial Census or any future such census, any county official, officer or employee who deposits county funds with any bank or trust company shall only deposit said funds in an account which is the official name of said official, officer or employee and which name shall clearly indicate that the funds in the account are county funds and are for official county use only. Each said account shall be audited with the regular county audit. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1969.

Page 3657

PAYMENT OF FINES, ETC. TO COUNTY TREASURERS IN CERTAIN COUNTIES (500,000 OR MORE). No. 575 (House Bill No. 131). An Act to provide that in all counties of the State having a population of 500,000 or more according to the United States census of 1960, or any future United States census, all moneys arising from fines and forfeited recognizances, costs on criminal cases paid into court before judgment, as well as all cost both in particular cases or matters and all insolvent cost and all fees and all moneys and emoluments accruing to the district attorney of the judicial circuit, as well as all other moneys of every kind and description arising from any source, which under any laws are required to be collected by the district attorney of the judicial circuit for the use and benefit of the county or which upon payment became the property of the county, in whole or in part, shall be paid directly to the county treasurer or the officer or institution performing the duties of county treasurer; to provide that nothing in this Act shall relieve the district attorney of any duty of enforcing collection of moneys imposed by law; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties of the State having a population of 500,000 or more according to the United States census of 1960, or any future United States census, all moneys arising from fines and forfeited recognizances, costs on criminal cases paid into court before judgment, as well as all cost both in particular cases or matters and all insolvent cost, and all fees and all moneys and emoluments accruing to the district attorney of the judicial circuit, as well as all other moneys of every kind and description arising from any source, which under any laws are required to be collected by the district attorney of the judicial circuit for the use and benefit of the county or which upon payment become the property of the county, in

Page 3658

whole or in part, shall be paid directly to the county treasurer or the officer performing the duties of county treasurer. Section 2. Nothing in this Act shall relieve the district attorney of any duty of enforcing collection of moneys imposed by law. Intent. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. GORDON COUNTYCOUNTY COMMISSIONER'S SALARY, BUDGETS, ETC. No. 579 (House Bill No. 253). An Act to amend an Act creating the office of Commissioner of roads and revenues in and for the County of Gordon, approved August 4, 1920 (Ga. L. 1920, p. 541), as amended, so as to change the compensation of the said commissioner; to provide that each department of the Gordon County government shall submit an annual budget to the said commissioner and he shall adopt a budget for the county which shall constitute the appropriation of all funds for the next year; to provide that the county commissioner shall publish, on a bulletin board at the county courthouse, an itemized account of expenditures; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of roads and revenues in and for the County of Gordon, approved August 4, 1920 (Ga. L. 1920, p. 541), as amended, is hereby amended by striking from section 15 the following:

Page 3659

seven thousand two hundred dollars ($7,200.00), and by inserting in lieu thereof the following: nine thousand dollars ($9,000.00), so that when so amended section 15 shall read as follows: Section 15. Be it enacted by the authority aforesaid that the compensation of said commissioner shall be nine thousand dollars ($9,000.00) per annum, payable monthly at the end of each month. In addition to such compensation, the commissioner shall receive not to exceed one thousand two hundred dollars ($1,200.00) per annum, for ordinary and necessary traveling expenses incurred by him outside the limits of Gordon County, or otherwise, when so traveling in the conduct of or in connection with the business affairs of said county, to be paid at the end of each month upon his itemized statement showing such expenses; provided, however that said itemized statement shall first be approved by the ordinary of said county. All such payments shall be from the county treasury as aforesaid. Commissioner's salary. Section 2. Said Act is further amended by inserting between sections 15 and 16 a new section to be designated as section as 15-A, which shall read as follows: Section 15-A. (1) Each department of the Gordon County government which operates on county funds (except the Board of Education) shall submit an annual budget to the county commissioner on or before June 1 of each year. The commissioner shall then review and adopt (or amend, if necessary) the budgets so submitted and shall adopt a budget for the county by July 1 of each year, which, when so adopted, shall constitute the commissioner's appropriation of all funds for the next calendar year. This section shall not be construed to preclude the said commissioner from adopting a supplemental appropriation, in the event there is a need for such. Budgets. (2) The county commissioner shall publish an itemized list of all warrants and checks issued for each immediately

Page 3660

preceding four months period within 30 days following each such period, commencing April 1, 1969. The itemized list shall be posted on the bulletin board of the Gordon County courthouse and maintained thereon for at least 30 days. List of warrants. Section 3. This Act shall become effective when approved by the Governor or when it may otherwise become law. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1969 Session of the General Assembly of Georgia a bill to change the compensation of the commissioners of roads and revenues of Gordon County and to change certain procedural matters; to repeal conflicting laws; and for other purposes. This 2nd day of January, 1969. Tom L. Shanahan Representative, 8th District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Tom L. Shanahan who, on oath, deposes and says that he is Representative from the 8th District, and that the attached copy of notice of intention to introduce local legislation was published in The Calhoun Times which is the official organ of Gordon County, on the following dates: January 8th, 15th and 22nd, 1969. /s/ Tom L. Shanahan Representative 8th District

Page 3661

Sworn to and subscribed before me, this 23rd day of January, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 28, 1969. CITY OF SAINT MARYSAUTHORITY TO CLOSE AND ABANDON NAMED STREET, ETC. No. 582 (House Bill No. 285). An Act to authorize and empower the City of Saint Marys, Georgia, to abandon and close by ordinance certain portions of Nancy Drive lying and being in the Borrell Park subdivision, Unit Two, City of Saint Marys as follows: All that portion of Nancy Drive bounded on the north by lot 533; on the east by Borrell Boulevard; on the south by lot 532; on the west by lot one (1). Also, all that portion of Nancy Drive bounded on the north by lot 548; on the east by Borrell Boulevard; on the south by lot 547; on the west by lot nine (9); to authorize and empower the city to execute and deliver its deed conveying the title to said abandoned and closed streets to the person or persons lawfully entitled to same; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The mayor and aldermen of the City of Saint Marys, Georgia, are hereby authorized and empowered to permanently close, abandon and abolish those certain portions or sections of the following streets in said city, to-wit: All that portion of Nancy Drive bounded on the north by lot 533; on the east by Borrell Boulevard; on the south by lot 532; on the west by lot one (1). Also, all that portion of Nancy Drive bounded on the north by lot 548; on the

Page 3662

east by Borrell Boulevard; on the south by lot 547; on the west by lot nine (9). Section 2. The City of Saint Marys is hereby authorized and empowered to execute and deliver its deed conveying the title to the above mentioned portions of city streets to the person or persons lawfully entitled to same; and for other purposes. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Seek Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia which convenes in January, 1969 a local bill, the title of which is as follows: An Act to authorize and empower the City of Saint Marys, Georgia, to abandon and close by ordinance the following portions of city streets. All that portion of Nancy Drive bounded on the north by lot 533, on the east by Borrell Boulevard, on the south by lot 532, on the west by lot 1. Also, all that portion of Nancy Drive bounded on the north by lot 548; on the east by Borrell Boulevard, on the south by lot 547; on the west by lot 9; to authorize and empower the city to execute and deliver its deed conveying the title to said abandoned and closed streets to the person or persons lawfully entitled to same; and for other purposes. This 5th day of December, 1968. Robert W. Harrison, Jr. State Representative, 66th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert W. Harrison, Jr. who, on oath, deposes and says that he is Representative from the 66th District, and that the attached

Page 3663

copy of notice of intention to introduce local legislation was published in The Southeast Georgian which is the official organ of Camden County, on the following dates: December 12, 19, 26, 1968. /s/ Robert W. Harrison, Jr. Representative, 66th District Sworn to and subscribed before me, this 4th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 28, 1969. CITY OF ALBANYCITY TREASURER. No. 583 (House Bill No. 291). An Act to amend an Act creating a new charter for the City of Albany, Georgia, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended from time to time, so as to separate the offices of city clerk and city treasurer; to provide for the appointment of the city treasurer by the city manager; to specify the duties of the city treasurer, to provide that they shall be exercised under the supervision of the city manager; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. An Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended from time to time, is hereby amended in the following respects:

Page 3664

(a) By repealing section 3, subparagraph (i) in its entirety, and enacting in lieu thereof a new subparagraph (i) which shall read as follows: (i) Election of Officers; Terms; Rights Reserved; Acceptance of Gifts, Etc. The board of city commissioners shall on the second Monday in January of every other year, beginning January, 1960, elect a city manager, a city attorney, a city clerk, and at the pleasure of the board, may elect a city physician and a police court recorder. All other officers and employees of city, except those specifically excluded in Section 1 hereof, shall be appointed by the city manager, and shall not be elected or employed for any specific term, but shall be retained so long as the duties of the job are performed with efficiency, or until discharged as hereinafter provided. Provided, however, that the respective chiefs and other personnel of the police and fire departments employed by the city manager shall be subject to discharge by him during a probationary period of six months from date of appointment, subject to the approval of the board of city commissioners, with or without cause and without notice or hearing. All such officers and employees of the police and fire departments, who have served the requisite probationary period shall be subject to removal only for cause, and after 24 hours written notice setting forth substantially the cause of complaint. Any person dismissed shall have the right to appeal to the board of city commissioners by filing a written request for a hearing with the city clerk, within 24 hours after service of the written notice hereinabove provided for. Thereafter, within 48 hours of the filing of a request for hearing such employee shall be given written notice of the time and place of hearing. Thereafter the board of city commissioners shall conduct a hearing of such charges, with the right of the employee to be present and to be represented by counsel. If found guilty of the charges contained in the notice of dismissal by a majority vote of the total membership of the board of city commissioners, such employee may be discharged, suspended without further pay or reinstated. Any officer or employee may fail or refuse to demand such hearing and if such hearing is not demanded within the time hereinabove provided same shall be waived.

Page 3665

Any officer or employee shall have the right to resign and resignations may be accepted by the city manager. The right of certiorari from the decision of the board of city commissioners shall exist in all cases and shall be exercised under the provisions of the laws of the State of Georgia in such cases made and provided. (b) By repealing section 6 in its entirety and enacting in lieu thereof a new section 6 which shall read as follows: Section 6. City Treasurer. The city treasurer shall be appointed by the city manager, and shall, under the supervision and control of the city manager, be the custodian of all moneys and securities of the municipality and shall keep and preserve the same in such manner in such place or places as shall be determined by the board of commissioners. He shall pay out money by warrants signed by the city manager and countersigned by the mayor. In addition to those duties the city treasurer shall perform such other duties for his office as may be prescribed by the board of commissioners and by the city manager. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced for passage at the ensuing 1969 term of the General Assembly of Georgia a bill to amend the charter of the City of Albany so as to separate the offices of city clerk and city treasurer, to provide for the appointment of the city treasurer by the city manager, to specify the duties of the city treasurer, and to provide that they shall be exercised under the supervision of the city manager. This 10th day of December, 1968. Fred W. Mills, Mayor City of Albany, Georgia

Page 3666

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Colquitt H. Odom who, on oath, deposes and says that he is Representative from the 61st District, and that the attached copy of notice of intention to introduce local legislation was published in The Albany Herald which is the official organ of Dougherty County, on the following dates: December 12, 19, 26, 1968. /s/ Colquitt H. Odom Representative, 61st District Sworn to and subscribed before me, this 10th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 28, 1969. CITY OF SMYRNACORPORATE LIMITS, ETC. No. 586 (House Bill No. 405). An Act to amend an Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended particularly by an Act approved March 15, 1943 (Ga. L. 1943, p. 1586), an Act approved February 25, 1949 (Ga. L. 1949, p. 1325), an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2591), an Act approved March 4, 1955 (Ga. L. 1955, p. 2656), an Act approved February 13, 1956 (Ga. L. 1956, p. 2265), an Act approved March 5, 1957 (Ga. L. 1957, p. 2540), an Act approved February 11, 1958 (Ga. L. 1958, p. 2032), an Act approved March 25, 1959 (Ga. L. 1959, p. 3217), an Act approved March 17, 1960 (Ga. L.

Page 3667

1960, p. 2505), an Act approved March 28, 1961 (Ga. L. 1961, p. 2571), an Act approved March 2, 1962 (Ga. L. 1962, p. 2550), an Act approved March 20, 1963 (Ga. L. 1963, p. 2424), an Act approved March 11, 1964 (Ga. L. 1964, p. 2913), an Act approved March 31, 1965, (Ga. L. 1965, p. 3023), an Act approved March 4, 1966, (Ga. L. 1966, p. 3219), an Act approved March 25, 1966, (Ga. L. 1966, p. 3433), an Act approved April 21, 1967, (Ga. L. 1967, p. 3299), and an Act approved April 11, 1968 (Ga. L. 1968, p. 3587), so as to amend said charter as amended in order to add a new section to said charter to be known as section 4(q) of said charter in order to increase the corporate limits of the City of Smyrna; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Smyrna, approved August 27, 1931, (Ga. L. 1931, p. 955), as amended particularly by an Act approved March 15, 1943, (Ga. L. 1943, p. 1586), an Act approved February 25, 1949 (Ga. L. 1949, p. 1325), an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2591), an Act approved March 4, 1955 (Ga. L. 1955, p. 2656), an Act approved February 13, 1956 (Ga. L. 1956, p. 2265), an Act approved March 5, 1957 (Ga. L. 1957, p. 2540), an Act approved February 11, 1958 (Ga. L. 1958, p. 2032), an Act approved March 25, 1959 (Ga. L. 1959, p. 3217), an Act approved March 17, 1960, (Ga. L. 1960, p. 2505), an Act approved March 28, 1961 (Ga. L. 1961, p. 2571), an Act approved March 2, 1962 (Ga. L. 1962, p. 2550), an Act approved March 20, 1963 (Ga. L. 1963, p. 2424), an Act approved March 11, 1964 (Ga. L. 1964, p. 2913), an Act approved March 31, 1965 (Ga. L. 1965, p. 3023), an Act approved March 4, 1966 (Ga. L. 1966, p. 3219), an Act approved March 25, 1966 (Ga. L. 1966, p. 3433), an Act approved April 21, 1967 (Ga. L. 1967, p. 3299), and an Act approved April 11, 1968, (Ga. L. 1968, p. 3587), is hereby amended by adding a new section to said charter of the City of Smyrna, to be known and designated as section 4(q) which shall be inserted between section 4(p) and section 5 of said charter, and which shall read as follows:

Page 3668

Section 4(q). There shall be included in the corporate limits of the City of Smyrna, in addition to the area described in section 4, 4(a), 4(b), 4(c), 4(d), 4 (e), 4(f), 4(g), 4(h), 4(i), 4(j), 4(k), 4(l), 4(m), 4(n), 4(o) and 4(p) of this Act, as amended, all of the area embraced within the following described tracts and parcels of land: Parcel One: All that tract or parcel of land lying and being in Land Lots 773 and 774, 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: Beginning at a point on the southeast side of Ann Road, 520 feet northeast of the intersection of Ann Road and Jay Lane, also being the existing city limits of the City of Smyrna; running thence south 44 degrees 59 minutes east for a distance of 190.0 feet to a point; running thence north 44 degrees 12 minutes east for a distance of 265.6 feet to a point on the south Land Lot Line of Land Lot 774; running thence north 87 degrees 48 minutes east for a distance of 72.2 feet along the south line of Land Lot 774 to a point; running thence north 2 degrees 12 minutes west for a distance of 150.1 feet to a point; running thence north 18 degrees 52 minutes east for a distance of 53.4 feet to a point; running thence north 2 degrees 12 minutes west for a distance of 50.0 feet to a point; running thence northwesterly along an arc, the long cord of said arc running north 16 degrees 19 minutes west for a distance of 24.6 feet to a point; running thence north 59 degrees 35 minutes east for a distance of 182.4 feet to a point; running thence north 4 degrees 04 minutes west for a distance of 40.0 feet to a point; thence north 52 degrees 43 minutes west for a distance of 165.0 feet to a point on the southeast right of way of W A Rail Road; running thence south 61 degrees 25 minutes west for a distance of 85.0 feet along the right-of-way of W A Rail Road to a point; running thence southwesterly 400.0 feet along the south side of said right-of-way to a point on the west Land Lot Line of Land Lot 774 and the existing city limits of the City of Smyrna; running thence south 00 degrees 08 minutes west along the west Land Lot Line of Land Lot 774 and the city limits of the City of Smyrna for a distance of 234.9 feet to the point of beginning.

Page 3669

Said Parcel One being a part of Ward 2 as provided in Georgia Laws, 1965, page 3023, et seq. Parcel Two: All that tract or parcel of land lying and being in Land Lot 527, 17th District, 2nd Section, Cobb County, Georgia and being Lot 1 of May-Bell Park Subdivision, as per plat recorded in Plat Book 28, page 37, Cobb County, Georgia, records, and being more particularly described as follows: Beginning at a point on the north side of Hayes Drive, 432 feet east of the intersection of the north side of Hayes Drive and the east side of King Springs Road, formerly Coopers Lake Road, said point being the existing city limits of the City of Smyrna; running thence east along the north side of Hayes Drive and the city limits of the City of Smyrna for a distance of 110 feet to a point; running thence south across Hayes Drive to a point; running thence south along the line dividing Lot 1 and Lot 2 of said subdivision for a distance of 185 feet to a point; running thence south 88 degrees 20 minutes west for a distance of 110 feet to a point and the city limits of the City of Smyrna; running thence north at an interior angle of 90 degrees for a distance of 185 feet along the city limits of the City of Smyrna to a point on the south side of Hayes Drive; running thence north across Hayes Drive and along the city limits of the City of Smyrna to the point of beginning. Said Parcel Two being a part of Ward 2 as provided in Georgia Laws, 1965, page 3023, et seq. Parcel Three: All that tract or parcel of land lying and being in Land Lot 302, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at the intersection of the south right-of-way of Jones Shaw Road and the west right-of-way of Old Concord Road being the existing city limits of the City of Smyrna; running thence westerly along the south right-of-way of Jones Shaw Road for a distance of 150 feet to a point; running thence north across Jones Shaw Road to the north right-of-way of Jones Shaw Road to a point; running thence north parallel with Old Concord Road for a distance of 150 feet to a point and the city limits of

Page 3670

the City of Smyrna; running thence east parallel with Jones Shaw Road and along the city limits of the City of Smyrna for a distance of 150 feet to a point on the west right-of-way of Old Concord Road; running thence south along the west right-of-way of Old Concord Road and the city limits of the City of Smyrna for a distance of 150 feet to a point; said point being the intersection of the west right-of-way of Old Concord Road and the north right-of-way of Jones Shaw Road, running thence south across Jones Shaw Road along the city limits of the City of Smyrna to the point of beginning. Said Parcel Three being a part of Ward 6 as provided in Georgia Laws, 1965, page 3023, et seq. Parcel Four: All that tract or parcel of land lying and being in Land Lot 594, 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: Beginning at the intersection of the northeast right-of-way of Corn Road and the north right-of-way of Spring Road also the existing city limits of the City of Smyrna; running thence north 68 degrees 51 minutes east following the north right-of-way of Spring Road for a distance of 187 feet more or less to the intersection of the north right-of-way of Spring Road and the existing city limits of the City of Smyrna; running thence south 01 degrees 15 minutes 54 seconds west along the city limits of the City of Smyrna for a distance of 153.0 feet to a point on the northeast right-of-way of Corn Road; running thence northwesterly along the northeast right-of-way of Corn Road and the city limits of the City of Smyrna to the point of beginning. Said Parcel Four being a part of Ward 2 as provided in Georgia Laws, 1965, page 3023, et seq. Parcel Five: All that tract or parcel of land lying and being in Land Lots 631, 632, 665 and 666, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at the intersection of the north right-of-way of Spring Road and the existing city limits of the City of Smyrna, 62 feet more or less east of the intersection of the north right-of-way of Spring Road

Page 3671

and the west Land Lot Line of Land Lot 631; running thence northeasterly along the north right-of-way of Spring Road to a concrete right-of-way marker on the north right-of-way of Spring Road at the west intersection of Spring Road and Spring Street; running thence northerly along the right-of-way of Spring Road to a concrete right-of-way marker on the south right-of-way of Spring Street at the west intersection of Spring Road and Spring Street; running thence northerly across Spring Street for a distance of 50 feet to a point on the north right-of-way of Spring Street; running thence easterly along the north right-of-way of Spring Street to a concrete right-of-way marker at the north intersection of Spring Road and Spring Street; running thence easterly along the north right-of-way of Spring Road to the intersection of the north right-of-way of Spring Road and the city limits of the City of Smyrna; running thence South 66 degrees 20 minutes West and along the city limits of the City of Smyrna for a distance of 56 feet to a point; running thence southerly along the city limit of the City of Smyrna for a distance of 50 feet more or less to a point; running thence westerly along the city limit of the City of Smyrna for a distance of 171 feet to a point; running thence southerly along the city limits of the City of Smyrna for a distance of 18 feet to a point on the south right-of-way of Spring Road; running thence westerly along the south right-of-way of Spring Road to the intersection of the south right-of-way of Spring Road and the city limits of the City of Smyrna; running thence north 01 degrees 12 minutes 54 seconds east along the city limits of City of Smyrna for a distance of 18.5 feet to a point; running thence north 88 degrees 47 minutes 06 seconds west along the city limits of the City of Smyrna for a distance of 50 feet to a point; running thence north 01 degrees 12 minutes 54 seconds east along the city limits of the City of Smyrna for a distance of 68.2 feet to the point of beginning. Said Parcel Five being a part of Ward 2 as provided in Georgia Laws, 1965, page 3023, et seq. Parcel Six: All that tract or parcel of land lying and being in Land Lots 737, 738, 776 and 775, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly

Page 3672

described as follows: Beginning at the intersection of the south right-of-way of Spring Road and the city limits of the City of Smyrna, 123 feet more or less east of the intersection of the south right-of-way of Spring Road and the west Land Lot Line of Land Lot 738; running thence northerly along the city limits of the City of Smyrna for a distance of 80 feet more or less to a point on the old north right-of-way of Spring Road; running thence easterly along the city limits of the City of Smyrna and the old north right-of-way of Spring Road for a distance of 2,375 feet more or less to a point, said point being 173 feet more or less west of the east Land Lot Line of Land Lot 776; running thence southerly along the city limits of the City of Smyrna for a distance of 52 feet more or less to a point; said point being on the south old right-of-way of Spring Road; running thence southerly along the city limits of the City of Smyrna for a distance of 28.8 feet to a point on the existing south right-of-way of Spring Road; running thence westerly along the existing south right-of-way of Spring Road for a distance of 2,388 feet more or less to the point of beginning. Said Parcel Six being a part of Ward 2 as provided in Georgia Laws, 1965, page 3023, et seq. Parcel Seven: All that tract or parcel of land lying and being in Land Lot 846, 847 and 880, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at the intersection of the north right-of-way of Spring Road and the city limits of the City of Smyrna, 330 feet more or less east of the intersection of the west Land Lot Line of Land Lot 847 and the north right-of-way of Spring Road; running thence easterly along the north right-of-way of Spring Road for a distance of 2,160 feet more or less to the intersection of the north and northwest right-of-way of Spring Road and the southwest right-of-way of U. S. Highway #41; running thence southeasterly across Spring Road to the intersection of the southeast right-of-way of Spring Road and the southwest right-of-way of U. S. Highway #41; running thence southwesterly along the southeast and southern right-of-way of Spring Road for a distance of 1,830 feet more or less to the

Page 3673

intersection of the south right-of-way of Spring Road and the city limits of the City of Smyrna; running thence westerly along the south right-of-way of Spring Road and the city limits of the City of Smyrna for a distance of 340 feet more or less to a point; running thence northerly across Spring Road for a distance of 100 feet to the point of beginning. Said Parcel Seven being a part of Ward 2 as provided in Georgia Laws, 1965, page 3023, et seq. Parcel Eight: All that tract or parcel of land lying and being in Land Lots 809 and 847, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at the intersection of the east right-of-way of Woodland Terrace and the city limits of the City of Smyrna, 363 feet more or less north of the intersection of the east right-of-way of Woodland Terrace and the north right-of-way of Spring Road; running thence northerly along the east right-of-way of Woodland Terrace for a distance of 837 feet more or less to the intersection of the east right-of-way of Woodland Terrace and the north Land Lot Line of Land Lot 847 and the city limits of the City of Smyrna; running thence westerly along the north Land Lot Line of Land Lot 847 and the city limits of the City of Smyrna to the intersection of north Land Lot Line of Land Lot 847 and the west Land Lot Line of Land Lot 847; running thence westerly along the north Land Lot Line of Land Lot 809 to the intersection of the north Land Lot Line of Land Lot 809 and the west right-of-way of Woodland Terrace; running thence southerly along the west right-of-way of Woodland Terrace for a distance of 825 feet more or less to the intersection of the west right-of-way of Woodland Terrace and the north lot line of Lot # 1, Block B, Lansing Heights Subdivision; running thence westerly along the north lot line of Lot #1 Block B, Lansing Heights Subdivision for a distance of 7 feet to a point on the north lot line of Lot #1, Block B, Lansing Heights Subdivision; running thence southerly parallel to the west right-of-way of Woodland Terrace for a distance of 100 feet to a point on the north lot line of Lot #2, Unit II, Lansing Heights Subdivision; running thence westerly along the

Page 3674

north lot line of Lot #2, Unit II, Lansing Heights Subdivision for a distance of 5 feet to a point on the north lot line of Lot #2, Unit II, Lansing Heights Subdivision; running thence southerly parallel to the west right-of-way of Woodland Terrace for a distance of 77 feet to a point on the south lot line of Lot #2, Unit II, Lansing Heights Subdivision and the city limits of the City of Smyrna; running thence easterly along the south lot line of Lot #2, Unit II, Lansing Heights Subdivision and the city limit of the City of Smyrna for a distance of 12 feet to the intersection of the south lot line of Lot #2, Unit II, Lansing Heights Subdivision and the west right-of-way of Woodland Terrace; running thence northerly along the west right-of-way of Woodland Terrace and the city limits of the City of Smyrna for a distance of 166 feet more or less to a point on the west right-of-way of Woodland Terrace; running thence easterly across the right-of-way of Woodland Terrace along the city of Smyrna to the point of beginning. Said Parcel Eight being a part of Ward 1 as provided in Georgia Laws, 1965, page 3023, et seq. Parcel Nine: All that tract or parcel of land lying and being in Land Lot 808 of the 17th District, 2nd Section, of Cobb County, Georgia, as per plat prepared by A. W. Browning on December 10, 1968, and being more particularly described as follows: Beginning at a point 295 feet south of the northeast corner of Land Lot 808 as measured along the east line of said Land Lot, said point also being the existing city limits of the City of Smyrna; running thence south 00 degrees 37 minutes west along the said east line of the said Land Lot and the city limits of the City of Smyrna for a distance of 200 feet to an iron pin, point and corner; running thence north 89 degrees 52 minutes west for a distance of 528 feet to an iron pin, point and corner, said point being on the city limits of the City of Smyrna; running thence north 00 degrees 37 minutes east along the city limits of the City of Smyrna for a distance of 200 feet to an iron pin, point and corner; running thence south 89 degrees 52 minutes east along the city limits of the City of Smyrna for a distance of 528 feet to an iron pin on the said east line of the said Land Lot and the point of beginning.

Page 3675

Said Parcel Nine being a part of Ward 1 as provided in Georgia Laws 1965, page 3023, et seq. Parcel Ten: All that tract or parcel of land lying and being in Land Lot 808 of the 17th District, 2nd Section of Cobb County, Georgia, as per plat prepared on May 5, 1961, by J. B. Carey, and being more particularly described as follows: Beginning at the southeast corner of said Land Lot, said point also being the city limits of the City of Smyrna; running south 88 degrees 51 minutes west along the south line of said Land Lot for a distance of 528 feet to an iron pin, point and corner, said point being also the existing limits of the City of Smyrna; running thence north 00 degrees 57 minutes west along the city limits of the City of Smyrna for a distance of 825 feet to an iron pin, point and corner; running thence south 89 degrees 52 minutes east for a distance of 528 feet to an iron pin, point and corner located on the east line of said Land Lot 808 and the city limits of the City of Smyrna; running thence south 00 degrees 37 minutes west along the City Limits of the City of Smyrna for a distance of 825 feet to the southeast corner of said Land Lot and the point of beginning. Said Parcel Ten being a part of Ward 1 as provided in Georgia Laws, 1965, page 3023, et seq. Section 2. Said charter is further amended by striking Sections 2 and 3 of an amendatory act approved March 25, 1966, (Ga. L. 1966, p. 3433), which read as follows: Section 2. All fire district taxes on the above described tracts due Cobb County, Georgia, by reason of the fact that said tract is presently (prior to this Act) in the Fair Oaks Fire District, shall remain due and payable to Cobb County, Georgia, as they become due, for the calendar years 1967, 1968, 1969, 1970, 1971, 1972 and 1973. Except for the above, there is to be no limits upon the power of the City of Smyrna to tax, except as provided by law. Fire district taxes. Section 3. It is the further intent of this Act that no fees or taxes be due the City of Smyrna on the above described tract for the calendar year 1966. in their entirety.

Page 3676

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Section 4. Be it further enacted, however, that all of the Acts heretofore passed relating to the incorporation of the City of Smyrna, including all amendatory acts to its charter and parts of said Acts, not in conflict with this Act, and all powers belonging to said city, as now incorporated, and all rules, ordinances, and regulations of said town, not in conflict with this Act, shall be and remain of full force and effect. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1969 Session of the General Assembly of Georgia, a bill to amend the charter of the City of Smyrna (Ga. L. 1931, p. 55, et seq.), as heretofore amended; and for other purposes. This 20th day of December, 1968. Cyrus M. Chapman Sam P. Hensley Senators George H. Kreeger Eugene Housley Howard Atherton A. L. Burruss Joe Mack Wilson J. H. Henderson, Jr. Hugh Lee McDaniel Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George H. Kreeger who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of notice of intention to introduce local legislation was published

Page 3677

in The Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 24, 31 and February 7, 1969. /s/ George H. Kreeger Representative, 117th District Sworn to and subscribed before me, this 12th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 28, 1969. ECHOLS COUNTYSALARIES OF COUNTY COMMISSIONERS AND COUNTY ATTORNEY. No. 587 (House Bill No. 408). An Act to amend an Act approved February 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2054), as amended, and as amended particularly by an Act approved February 4, 1955 (Ga. L. 1955, p. 2040); to provide for compensation for each of the Echols County commissioners and for the county attorney at the rate of $75.00 per month; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. Section 5 of the Act approved February 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2054), is hereby amended by striking said section 5 in its entirety and substituting in lieu thereof the following: Section 5. Said commissioners shall pay themselves the sum of seventy-five ($75.00) dollars per month each, which

Page 3678

shall be in lieu of all salary or other compensation for their respective services. They shall pay to themselves their actual expenses incurred in performing their duties that require their presence outside the County of Echols, but not otherwise. Commissioners. Section 2. Section 8 of said Act approved February 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2054), as amended by an Act approved February 4, 1955 (Ga. L. 1955, p. 2040) is further amended by striking the same in its entirety and substituting in lieu thereof the following: Section 8. Said commissioners may at any time appoint a county attorney whose duty it shall be to counsel with said commissioners on legal matters and perform such other legal services as may be required of him. He shall be paid a monthly sum for normal services in the amount of seventyfive ($75.00) per month. This section shall not be construed to prevent said commissioners from employing said county attorney or other attorneys for extraordinary services as may be required or for litigation. County attorney. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Section 4. There is attached hereto and made a part hereof a copy of the published notice of intention to apply for this local legislation and the affidavit of the publisher to the effect that said notice has been published as prescribed by law, and it is hereby declared that all requirements of the Constitution relating to publications of notice of intention to apply for the passage of this local legislation have been fully complied with. Notice of Intention to Introduce Local Legislation for Echols County. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, an Act to provide for compensation for each of the Echols County commissioners and for the county attorney at the

Page 3679

rate of Seventy-five ($75.00) dollars per month, and for other purposes. This 15th day of January, 1969. /s/ Jim T. Bennett, Jr. /s/ H. M. Barfield /s/ Henry L. Reaves Representatives, 71st District Georgia, Lowndes County. This is to certify that the within and foregoing legal ad entitled Notice of Intention to Introduce Local Legislation for Echols County was published in The Valdosta Daily Times, the legal organ of Echols County, Georgia, in the issues of January 17, January 24, and January 31, each in the year 1969. /s/ T. S. Griffin Publisher, The Valdosta Daily Times Sworn to and subscribed before me, this 11th day of February, 1969. /s/ Edith D. Smith, Notary Public, Georgia, State at Large. My Commission expires May 1, 1972. (Seal). Approved April 28, 1969. ORDINARIESQUALIFICATIONS IN CERTAIN COUNTIES (43,550-45,550). No. 588 (House Bill No. 417). An Act to change the qualifications for ordinaries in certain counties of this State; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3680

Be it enacted by the General Assembly of Georgia: Section 1. In all counties of this State having a population of not less than 43,550 and not more than 43,350 according to the United States decennial census of 1960 or any such future census, the ordinary shall be an attorney-at-law in addition to the qualifications now required by law. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. PICKENS COUNTYCREATION OF UTILITIES DISTRICTS. No. 590 (House Bill No. 424). An Act to authorize the creation of water, sewerage, garbage, gas or fire protection districts within Pickens County by the governing authority of said county; to authorize the levy of a tax on the taxable property within such districts upon the assent of the majority of the qualified voters of such districts voting in an election held for that purpose; to provide for such elections; to provide for all matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Pursuant to the provisions of Article VII, Section IV, Paragraph III of the Constitution, relating to the establishment of certain taxing districts, the governing authority of Pickens County is hereby authorized to establish within said county one or more special districts to provide water, sewerage, garbage, gas or fire protection services

Page 3681

or any combination of such services or any one of such services. Said governing authority shall be further authorized to levy a tax, not to exceed five mills, only upon the taxable property located within such district or districts for the purpose of constructing, operating and maintaining such facilities, conditioned upon the assent of a majority of the qualified voters of any such district or districts voting in an election held for that purpose. Authorized. Section 2. The governing authority of Pickens County is hereby authorized to provide by a resolution duly adopted by said governing authority for the times and places for holding the elections authorized by section 1 of this Act and for other matters relative to conducting such elections in order to carry out the purpose of such elections. Such resolution shall provide, however, that such elections shall be called and conducted by the ordinary of Pickens County in accordance with the provisions of the Georgia Election Code relating to special elections, insofar as practicable. Referendum. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to authorize the creation of water, sewerage, garbage, gas or fire protection districts within Pickens County by the governing authority of Pickens County; to authorize the levy of a tax within such districts upon the assent of a majority of the qualified voters residing within such districts voting in an election held for that purpose and to provide for all matters connected with the foregoing; and for other purposes. This 6th day of January, 1969. Will Poole Representative, 10th District

Page 3682

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Will Poole who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of notice of intention to introduce local legislation was published in the Pickens County Progress which is the official organ of Pickens County, on the following dates: January 16, 23, 30, 1969. /s/ Will Poole Representative, 10th District Sworn to and subscribed before me, this 12th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 28, 1969. PICKENS COUNTYDEPUTY SHERIFFS. No. 591 (House Bill No. 425). An Act to amend an Act abolishing the method of compensating the sheriff of Pickens County known as the fee system and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2138), as amended, by an Act approved March 31, 1967 (Ga. L. 1967, p. 2396), so as to change the provisions relating to the compensation of the deputy sheriff; to authorize the employment of an additional deputy sheriff and to provide for his compensation; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3683

Section 1. An Act abolishing the method of compensating the Sheriff of Pickens County known as the fee system and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2138), as amended, by an Act approved March 31, 1967 (Ga. L. 1967, p. 2396), is hereby amended by striking section 5 in its entirety and substituting in lieu thereof a new section 5 to read as follows: Section 5. The sheriff of Pickens County shall have the authority to appoint two deputies. Each such deputy shall be compensated in an amount not less than $3,600.00 nor more than $6,000.00 per annum payable in equal monthly installments from the funds of Pickens County. The sheriff shall be authorized to fix the compensation of one of said deputies, within the limitation herein provided, and the governing authority of Pickens County shall fix the compensation of the other deputy, within the limitation herein provided. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the persons who shall be employed as deputies and to prescribe their duties and assignments and to remove or replace such deputies at will and within its sole discretion. Section 2. This Act shall become effective on the day it is approved by the Governor or on the day it otherwise becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to amend the Act abolishing the method of compensating the sheriff of Pickens County known as the fee system and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2138), so as to change the provisions relating to the compensation of the

Page 3684

deputy sheriff; to authorize the employment of an additional deputy sheriff and to provide for his compensation; and for other purposes. This 16th day of December, 1968. Will Poole Representative, 10th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Will Poole who, on oath, deposes and says that he is Representative from the 10th District, and that the attached copy of notice of intention to introduce local legislation was published in the Pickens County Progress which is the official organ of Pickens County, on the following dates: December 19, 26, 1968 and January 2, 1969. /s/ Will Poole 10th District Sworn to and subscribed before me, this 12th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 28, 1969. CITY OF THOMSONSALE AND DISPOSITION OF PROPERTY. No. 592 (House Bill 427). An Act to amend an Act creating a new charter for the City of Thomson, approved August 19, 1927 (Ga. L. 1927, p. 1631), as amended, particularly by an Act approved February

Page 3685

28, 1966 (Ga. L. 1966, p. 2141), so as to change the procedure for the sale and disposition of property belonging to the City of Thomson; to provide an effective date; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Thomson, approved August 19, 1927 (Ga. L. 1927, p. 1631), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2141) is hereby amended by striking section 85 in its entirety and inserting in lieu thereof a new section 85 to read as follows: Section 85. Sale of City Property. (a) Be it further enacted that whenever, in the judgment of a majority of the mayor and council, any property, real or personal, shall be deemed to be worthless to the city, or shall be unserviceable, or shall no longer be of any use to the city, the mayor and council, by a resolution adopted at a regular meeting of said mayor and council, may declare such property to be surplus property, and may order such property to be sold at public sale, before the courthouse door in McDuffie County, between the legal hours of sale, to the highest and best bidder for cash, after notice of such sale has been published once a week for four weeks in the official gazette of said city for the four weeks immediately preceding the date fixed for the sale of said property. Provided, however, that nothing contained herein shall prevent the mayor and council from declaring the sale to be void and of no effect at any time within one hour from the time of said sale, if in the judgment of the mayor and council the bid for which the property was sold shall be too small. (b) Provided, further, that nothing contained herein shall prevent the mayor and council from executing a warranty deed, or other conveyance, to the State of Georgia, or to the State Game and Fish Department of the State of Georgia, or to any other department of the State of Georgia, or to any political subdivision thereof, other than counties, where such property was acquired by grant or otherwise, from said State of Georgia, or any department or subdivision

Page 3686

thereof, subsequent to August 19, 1927, without the necessity of a public sale, and without the necessity of any advertisement, and without the necessity of any resolution declaring said property to be surplus or worthless or of no further use to the city, and without any consideration whatsoever when in the judgment of the said mayor and council it is to the advantage of said city to do so. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, McDuffie County. Notice is hereby given that it is the intention of the undersigned to introduce and seek passage of a local bill in the 1969 session of the General Assembly of Georgia, the purpose of the said bill being to amend the charter of the City of Thomson so as to authorize the mayor and council of the City of Thomson to execute a warranty deed to the State of Georgia or the State Game and Fish Commission of Georgia, or to any other State agency or political subdivision other than a county or counties, by the passage of a proper resolution without the necessity of a public auction to the highest bidder for cash before the courthouse door in Thomson, and without the necessity of advertising same in the official newspaper of the City of Thomson, as to any property owned by the City of Thomson which was acquired from the State of Georgia or any agency or political subdivision thereof after August 19, 1927. This 20th day of January, 1969. Bobby W. Johnson Representative, 29th District Glenn S. Phillips Representative, 29th District

Page 3687

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Bobby Johnson who, on oath, deposes and says that he is Representative from the 29th District, and that the attached copy of notice of intention to introduce local legislation was published in The McDuffie Progress which is the official organ of McDuffie County, on the following dates: January 23rd, 30th, 1969; February 6th, 1969. /s/ Bobby Johnson Representative, 29th District Sworn to and subscribed before me, this 13th day of February, 1969. /s/ Aralee Strange Mason Notary Public, Georgia, State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 28, 1969. SPALDING COUNTYSMALL CLAIMS COURT CREATED, REFERENDUM. No. 593 (House Bill No. 431). An Act creating and establishing a small claims court for Spalding County, Georgia, to be known as the Small Claims Court of Spalding County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of the office of the judge of such Small Claims Court; to provide that the judge of said court shall be exempt from jury duty in the Superior Court and any other court existing or that may be created and established

Page 3688

in Spalding County; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for a jury and the number of jurors; to provide for the service of process of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide for the costs of court; to provide for contempt of said court and the penalty therefor; to provide for the validity of the acts of said court and the proceedings therein; to provide for all procedures, requirements and other matters connected with the foregoing; to provide for a referendum; to provide for severability; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a small claims court for Spalding County, Georgia, to be known as the Small Claims Court of Spalding County, which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $1,000.00; said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said County. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by laws of the State of Georgia. Section 2. (a) Any person appointed as a judge of the Small Claims Court created by this Act must, at the time of his appointment, be a resident of Spalding County, at least twenty-five years of age, and of good moral character. Any person so appointed shall be exempt from jury duty in the Superior Court and any other court existing or that may be created and established in Spalding County. Judge, etc. (b) All other officers appointed to or employed by said

Page 3689

court, as now or hereafter provided, must be at least twenty-one years of age and must be residents of Spalding County. Section 3. Whenever the judge of said Small Claims Court shall be unable from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the Superior Court of Spalding County, or the judge of the City Court of said county, which court may be known as The State Court of Spalding County or by other designations, on application of said judge of the Small Claims Court who is unable to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the manner aforesaid, of the judge unable to act. Judge pro tem. Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk or as deputy clerk, said clerk or deputy clerk to be compensated, if at all, from the fees herein authorized. Clerk. Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration. Fees. Section 6. (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise from and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. Practice and procedure. (b) A copy of the certified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in the county by any official or person authorized by law to serve process in the superior court or by a duly qualified bailiff of said

Page 3690

small claims court; or by registered or certified mail with receipt; or by any person not a party to or otherwise interested in the suit, especially appointed by the judge of said court for that purpose. (c) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting on the record the date and hour of mailing. When a receipt therefor is returned, the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant. If the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to the sender by United States Postal Authorities for any reason, service may be perfected on such defendant by any other method as herein this Act prescribed or by any method as now or hereafter prescribed by the pertinent laws of Georgia providing for service of pleadings on defendants in the superior courts of Georgia. (d) When served by a private individual, as hereinbefore provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant. (e) When served as provided, the actual costs of service shall be taxable as costs. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (f) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount. When the amount is unliquidated, plaintiff shall be required to present proof of his claim. (g) Said notice shall provide the day and hour of the hearing, which shall not be less than five nor more than

Page 3691

thirty days from the date of the service of said notice; provided, however, that where service is by registered or certified mail, the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which shall be indicated every proceeding and ruling had in each case. Docket. Section 8. (a) The plaintiff, when he files his claim, shall deposit with the Court the sum of $7.50, which shall cover all costs of the proceeding up to and including the rendering of a judgment, except the cost of serving process or notice to defendants; provided, however, the deposit of costs in cases of attachment, garnishment, trover, statutory foreclosures on personalty and replevin by possessory warrant, shall be $10.00; and provided further, that in any other matters, not mentioned specifically or provided for herein, the costs shall be the same as now or hereafter provided by the laws of Georgia for justices of the peace; and provided further, in claim cases and illegalities, instituted by a third party after levy, the costs shall be $7.50, to be taxed in the discretion of the Court. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. Costs, etc. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court and, unless the claimant (at the time he files his claim affidavit) makes written demand for a jury trial, the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court, and the judge shall be entitled to $7.50 for every such claim case. The same practice and procedure shall apply in cases of illegal affidavits. The plaintiff in attachment or plaintiff in execution may make written demand for a trial by jury within five days after a

Page 3692

claim affidavit and bond is filed with the levying officer. The party demanding such trial shall deposit with the court a sum sufficient to defray the expenses of such trial, including the summoning of prospective jurors and jury fees, the amount to be determined by the judge. The costs in such cases, including the costs of a jury trial, shall be finally taxed against the party cast with court costs in said proceeding. Third party claims, etc. Section 9. (a) On the day set for the hearing, or such later time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits. Hearings, etc. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution or make any other just and proper disposition thereof, as justice may require. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff. Setoff. Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the

Page 3693

judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Judgments. Section 12. The judge of said small claims court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Collection of judgments. Section 13. The judge of the superior court presiding in Spalding County may from time to time make rules for a simple, inexpensive and speedy procedure to effectuate the purposes of his Act and shall have power to prescribe, modify and improve, from time to time, the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof. Rules. Section 14. The judge of said Small Claims Court shall have the power to appoint one or more bailiffs of and for said Court, to act within and throughout the limits of the County, such bailiffs to serve at the pleasure of the judge and under his direction, and a person so appointed shall be known and designated as Small Claims Court Bailiff and have the powers and authority, and be subject to the penalties of all lawful constables of the State of Georgia, including the power to serve any and all processes and writs issued from or by said Small Claims Court; with power also to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in Section 24-804 and give the bond prescribed in Section 24-811 of the Code of Georgia and such bailiffs shall be subject to be ruled for failure of duty or malfeasance in office as are other lawful constables of this State. The sheriff of said

Page 3694

County and his deputies shall also have the power and authority to serve summons, make levies and sales, and serve as ex officio bailiffs of said Court. Bailiffs. Section 15. Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice of suit by depositing with the judge or his clerk such sum as the judge may fix as reasonable to secure payment of cost incurred by reason of a jury trial. Unless otherwise demanded, such juries shall consist of six persons chosen from twelve veniremen, the plaintiff and the defendant having three strikes each. The judge or clerk shall have the power to subpoena jurymen and witnesses. Jury trials. Section 16. Judgments of said Small Claims Court shall become a lien on the real estate and personal property of a defendant, situated in any county, from the time of the filing in the office of the clerk of the Superior Court for said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Judgments. Section 17. Appeals may be had from judgments returned in the Small Claims Court, to the Superior Court, and the same provisions now or hereafter provided for by law for appeals from courts of ordinary to the superior court, shall be applicable to appeals from the Small Claims Court to the Superior Court. Appeals. Section 18. Until otherwise provided by rules of court, the statement of claims, verification and notice shall be in the following or equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law: Forms.

Page 3695

SMALL CLAIMS COURT OF SPALDING COUNTY Griffin, Georgia

Page 3696

Section 19. All acts performed by the judge or clerk and all proceedings had before the Small Claims Court of Spalding County are hereby validated. Actions validated. Section 20. Within 30 days after this Act becomes of full force and effect, the Judge of the Superior Court of Spalding County, Georgia, shall appoint a duly qualified person to be Judge of the Small Claims Court of Spalding County, to serve from the date of such appointment to the first day of November following such appointment. The person so appointed by the Judge of the Superior Court of Spalding County shall be nominated by any grand jury convened in Spalding County, Georgia, after this Act becomes of full force and effect, or in lieu thereof and within the discretion of any such grand jury, may be nominated by a committee of no less than five nor more than nine members of such grand jury, which committee shall be specifically named and designated for such purpose. Thereafter, the

Page 3697

grand jury in session in Spalding County immediately prior to the expiration of the term of such Judge shall nominate and the Judge of the Superior Court of Spalding County shall appoint a qualified person to serve as Judge of Small Claims Court for a period of four years, beginning on November 1, immediately following his appointment, and until his successor is duly appointed and qualified. If, in the opinion of the Judge of the Superior Court of Spalding County, the person so nominated by the grand jury is qualified, he may appoint him as Judge of the Small Claims Court of Spalding County to serve said four-year term; but if the appointing Judge in his sole discretion does not deem such person qualified or desirable to hold such office, he shall refuse to appoint him as such Judge and shall notify the foreman of the grand jury nominating such person to nominate another person for such office, and within five days thereafter it shall be the duty of the grand jury, or its committee as aforesaid, to nominate another person for appointment to such office, and the Judge of the Superior Court of Spalding County upon receipt of such nomination shall use his discretion as aforesaid in making or refusing to make such appointment. Successors in such office shall be nominated and appointed, each four years in the same manner as hereinbefore set out, for a four-year term beginning on November 1 immediately following their appointment. Any vacancy in such office for any unexpired term shall be filled without undue delay by the appointment of a qualified person by the Judge of the Superior Court of Spalding County, with or without any nomination by the grand jury, in the sole discretion of the appointing Judge. The Judge of said Small Claims Court may be removed from office by the Judge of the Superior Court of Spalding County upon a recommendation being made by the grand jury of Spalding County that he be removed. Any vacancy created by any such removal shall be filled for the unexpired term in the same manner that other vacancies are filled. Selection of judge. Section 21. All forms, docket books, file jackets, filing cabinets and the like, required by this Act shall be furnished by the county commissioners. Office expenses.

Page 3698

Section 22. Said Small Claims Court having no designated terms at stated periods, the Judge thereof shall, in each instance, set dates for all hearings and trials in every kind of case, and, also designate the times when attachments and executions are returnable and, also designate the time when each answer to a summons of garnishment shall be filed, but no garnishee may be required to file his answer sooner than ten days after he is served with summons. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court in its discretion extends the time for filing, the judge may forthwith render judgment immediately and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Practice and procedure. Section 23. A summons of garnishment may be served by the sheriff or his deputies, or by a lawful constable, or by a Small Claims Court bailiff, or by the Judge of the Small Claims Court; or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit, or to the writ of attachment; provided further, it shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to sender by U. S. Postal Authorities marked refused, giving the date of refusal and be signed or initialed by a U. S. Post Office employee or U. S. Mail Carrier to whom refusal was made. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Garnishment.

Page 3699

Section 24. The Judge of the Small Claims Court shall have the power to impose fines of not more than ten dollars or imprison for not longer than twenty-four hours any person guilty of contempt of court, such fines to be paid into the county treasury or depository for county purposes. Contempt of court. Section 25. The fee of bailiff for the execution of a fi fa shall be $4.00, plus a reasonable amount for drayage to be determined by the Small Claims Court Judge. The rate of commission on all judicial sales shall be ten per cent (10%) of the first $250.00 and five per cent (5%) on all sums over that amount with a minimum of $3.00. Costs. Section 26. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 27. After the approval of this Act by the Governor or after it otherwise becomes law without his approval, it shall be the duty of the Ordinary of Spalding County to issue the call for an election for the purpose of submitting this Act to the voters of Spalding County for approval or rejection. The Ordinary shall set the date of such election on a day recommended by the grand jury of Spalding County, but such day shall not be earlier than 30 days after the date of the issuance of the call or later than the Tuesday next following the first Monday in November 1970. The Ordinary 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 Spalding County. The ballot shall have written or printed thereon the words:

Page 3700

For approval of the Act creating a Small Claims Court of Spalding County Referendum. Against approval of the Act creating a Small Claims Court of Spalding County. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Spalding County. It shall be the duty of the Ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 28. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February, 1969 Session of the General Assembly of Georgia a bill to provide for the establishment of a small claims court for Spalding County, Georgia, to repeal conflicting laws, and for other purposes. This the 20th day of December, 1968. B. J. Reeves, As Foreman of Grand Jury, October, 1968 Term of Spalding Superior Court. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Quimby Melton,

Page 3701

Jr. who, on oath, deposes and says that he is Representative from the 32nd District, and that the attached copy of notice of intention of introduce local legislation was published in the Griffin Daily News which is the official organ of Spalding County, on the following dates: December 28, 1968 and January 4, 11, 1969 /s/ Quimby Melton, Jr. Representative, 32nd District Sworn to and subscribed before me, this 13th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 28, 1969. TOOMBS COUNTYEMPLOYEES OF GOVERNING AUTHORITY. No. 594 (House Bill No. 442). An Act to amend an Act creating a five-man board of commissioners of roads and revenue for Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, particularly by an Act approved February 2, 1961 (Ga. L. 1961, p. 2035), so as to provide that the said commissioners may contract with or employ a person who is related to any member within the third degree either by blood or marriage for work to be done on the public roads, bridges, or other labor work, for the county whenever it appears, after a diligent effort to find a suitable non-related person, that there is no suitable person available other than someone related within the third degree; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3702

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a five-man board of commissioners of roads and revenue for Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, particularly by an Act approved February 2, 1961 (Ga. L. 1961, p. 2035), is hereby amended by inserting between the first and second sentences in section 15, the following: Provided, however, the board may contract with or employ a person who is related to any member of the board within the third degree either by blood or marriage for work to be done on the public roads or bridges, or other labor work, for the county whenever it appears, after a diligent effort to find a suitable non-related employee, that there is no suitable person available other than someone related within the third degree., and by inserting in the last sentence of said section, after the word capacity, the following: (except labor when no other suitable person can be found), so that when so amended section 15 shall read as follows: Section 15. It shall be unlawful for the board to contract with any person who is related to any member of the board within the third degree either by blood or marriage for any equipment, material or supplies or for any work to be done on the public roads, bridges, or other work for the county, except when bids are received for equipment, material or supplies or for work to be done on the public roads, bridges or other work of the county upon full specification and due advertisement thereon and the person related to the member submits a bid which is the lowest bid therefor. Provided, however, the board may contract with or employ a person who is related to any member of the board within the third degree either by blood or marriage for work to be done on the public roads or bridges, or other labor work, for the county whenever it appears, after a diligent effort to find a suitable non-related

Page 3703

employee, that there is no suitable person available other than someone related within the third degree. Posting of a notice on the bulletin board at the courthouse for ten (10) days, or publication in one issue of the official organ of the county shall be deemed to be due advertisement. The board shall have the right, however, to reject any and all bids. It shall also be unlawful for any member of the board to have any financial interest in the sale or purchase of any equipment, material or supplies to or from the county, or to receive any rebate expenses or other consideration of any kind in connection with, or through, the sale or purchase of any equipment or supplies to or from the county or the awarding of any contract by said county. Any member of the board who violates any provision of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. He shall also forfeit his office and such conviction shall create a vacancy in the office and shall be filled as provided for the filling of other vacancies. It shall also be unlawful for the board to contract for hire for the office of clerk of the board, or for any other type of employment in any capacity (except labor when no other suitable person can be found), by the board, with any person who is related to any member of the board within the third degree, either by blood or marriage. Section 2. This Act shall become effective when approved by the Governor or when it otherwise becomes law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1969 Session of the General Assembly of Georgia a bill to amend an existing act which now prohibits the governing authority of Toombs County from employing any person in any capacity that may be a relative in the third degree to any member of said governing authority of Toombs County; to provide in lieu thereof the removal

Page 3704

of this restriction where it applies to employment of persons in the capacity of a common laborer; and to provide for certain limitations pertaining to same. This 2nd day of January 1969. W. J. (Bill) Salem Representative, Post 1, 51st District State of Georgia, County of Toombs. Personally appeared before the undersigned officer, Harry M. Rhoden, who on oath says that he is the publisher of the Lyons Progress and that the legal notice of intention to introduce local legislation, a bill to amend an act which now prohibits the governing authority of Toombs County from employing any person in any capacity that may be a relative in the third degree to any member of said governing authority of Toombs County; to provide in lieu thereof the removal of this restriction where it applies to employment of persons in the capacity of a common laborer; and to provide for certain limitations pertaining to same, appeared in the issues of The Lyons Progress on January 2, 1969, January 9, 1969, January 16, 1969. The said newspaper being published in the City of Lyons, Toombs County, Georgia and being the official organ of said county. /s/ Harry M. Rhoden Editor and Publisher /s/ Mrs. Floyd Sapp, Notary Public, Ga., State at Large. My Commission expires Apr. 15, 1972. (Seal). Approved April 28, 1969.

Page 3705

TOOMBS COUNTYSALARY OF TAX RECEIVER, ETC. No. 595 (House Bill No. 443). An Act to amend an Act abolishing the fee system of compensation for the clerk of the superior court, the ordinary, the tax collector and the tax receiver of Toombs County, and providing in lieu thereof salaries for each of these officers, approved March 21, 1968 (Ga. L. 1968, p. 2424), so as to change the compensation of the tax receiver and to provide that the said tax receiver shall not have the authority to appoint deputies, clerks, assistants or other personnel; 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 abolishing the fee system of compensation for the clerk of the superior court, the ordinary, the tax collector and the tax receiver of Toombs County, and providing in lieu thereof salaries for each of these officers, approved March 21, 1968 (Ga. L. 1968, p. 2424), is hereby amended by striking the figure $6,000.00 from section 5 and inserting in lieu thereof the figure $8,000.00, so that when so amended, section 5 shall read as follows: Section 5. The tax receiver shall receive an annual salary of $8,000.00, payable in equal monthly installments from the funds of Toombs County. Salary. Section 2. Said Act is further amended by inserting in section 8, after the word officers in the first sentence and after the word officials in the second sentence and after the word officers in the fourth sentence, the following, (except the tax receiver), so that when so amended section 8 shall read as follows: Section 8. The above named officers (except the tax receiver), shall have the authority to appoint such deputies, clerks, assistants and other personnel as they shall each

Page 3706

deem necessary to efficiently and effectively discharge the official duties of their respective offices. Each of said officials (except the tax receiver) shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of Toombs County to fix the compensation to be received by each employee in said offices. It shall be within the sole power and authority of each of said officers (except the tax receiver), during his respective term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Employees. Section 3. This Act shall become effective when it is approved by the Governor or when it otherwise becomes law. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1969 Session of the General Assembly of Georgia a bill to amend an act; said amendment to provide for a change in amount of annual salary to be paid the tax receiver; to provide an effective date for said change; and for any other purpose related to same. This 2nd day of January, 1969. W. J. (Bill) Salem, Representative, Post 1, 51st District State of Georgia, County of Toombs. Personally appeared before the undersigned officer, Harry M. Rhoden, who on oath says that he is the publisher

Page 3707

of the Lyons Progress and that the legal notice of intention to introduce local legislation, a bill to amend an act; said amendment to provide for a change in amount of annual salary to be paid the Tax Receiver, and for any other purpose appeared in the issues of The Lyons Progress on January 2, 1969, January 9, 1969, January 16, 1969. The said newspaper being published in the City of Lyons, Toombs County, Georgia and being the official organ of said county. /s/ Harry M. Rhoden Editor and Publisher /s/ Mrs. Floyd Sapp, Notary Public, Ga., State at Large. My Commission expires Apr. 15, 1972. (Seal). Approved April 28, 1969. FOX HUNTING, ETC. ILLEGAL IN CERTAIN COUNTIES (19,000-19,500) (28,200-28,800). No. 596 (House Bill No. 446). An Act to provide that in certain counties of this State, it shall be unlawful to hunt, catch, take, kill or attempt to hunt, catch, take or kill foxes by the use or aid of recorded calls or sounds or recorded or electronically amplified imitations of calls or sounds; to provide a penalty for the violation of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties of this State having a population of not less than 19,000 nor more than 19,500, and in all counties having a population of not less than 28,200 nor more than 28,800, according to the United States decennial census of 1960 or any such future census, it shall be unlawful for any person to hunt, catch, take, kill or attempt

Page 3708

to hunt, catch, take or kill any fox or foxes by the use or aid of recorded calls or sounds or recorded or electronically amplified imitations of calls or sounds. Section 2. Any person violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Crimes. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. CITY OF MACONAIR SPACE CONVEYANCE TO THE FIRST NATIONAL BANK TRUST COMPANY IN MACON. No. 597 (House Bill No. 449). An Act to amend an Act creating a new charter for the City of Macon, approved August 3, 1927 (Ga. L. 1927, p. 1283), as amended, so as to authorize the City of Macon to convey to The First National Bank Trust Company in Macon title in and to the air space above a certain tract of land; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Macon, approved August 3, 1927 (Ga. L. 1927, p. 1283), as amended, is hereby amended by adding after section 72A a new section to be known as section 72B and to read as follows: Section 72B. The City of Macon, through its governing authority, is authorized to convey to The First National Bank Trust Company in Macon the fee simple title in and to all or any part of the air space, as hereinafter more specifically described, lying above the alley (presently

Page 3709

designated Cherry Street Lane) in Square Forty (40) of said City which runs from Second Street to Cotton Avenue and which bisects property owned by the bank in Lots 1, 2, 7 and 8 in said Square and upon which is located its main banking office. The air space is more particularly described as follows: It has a width equal to the full width of said public alley; in length, it begins 40 feet from the entrance into said alley from Second Street and extends in a westerly direction a distance of 168 feet 6 inches, more or less, to the easterly line of the alley which runs from Poplar Street to Cherry Street; and it begins at a height of 14 feet 6 inches above the present level of said public alley and extends upward to a height equal to the top of the building in which the bank's main office is presently located. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Macon intends to apply for the passage of the following local legislation at the 1969 Session of the General Assembly of Georgia: An Act authorizing the City of Macon, through its governing authority, to convey to The First National Bank Trust Company in Macon the fee simple title in and to all or any part of the air space, as hereinafter more specifically described, lying above the alley (presently designated Cherry Street Lane) in Square forty (40) of said City which runs from Second Street to Cotton Avenue and which bisects property owned by the bank in lots 1, 2, 7 and 8 in said Square and upon which is located its main banking office. The air space is more particularly described as follows: It has a width equal to the full width of said public alley; in length, it begins 40 feet from the entrance into said alley from Second Street and extends in a westerly direction a distance of 168 feet 6 inches, more or less, to the easterly line of the alley which runs from Poplar Street to Cherry Street; and it begins at a height of 14 feet, 6 inches above the present level of said public alley and extends upward to a height equal to the top of the building

Page 3710

in which the bank's main office is presently located. This notice is given in compliance with Article III, Section VII, Paragraph XV (Code Section 2-1915) of the Constitution of the State of Georgia of 1945. This the 22nd day of January, 1969. Lawton Miller, City Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Carr Dodson who, on oath, deposes and says that he is Representative from the 82nd District, and that the attached copy of notice of intention to introduce local legislation was published in The Macon News which is the official organ of Bibb County, on the following dates: January 25th, 1969; February 1, 8, 1969. /s/ Carr G. Dodson Representative, 82nd District Sworn to and subscribed before me, this 13th day of February, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved April 28, 1969. COOSA VALLEY AREA VOCATIONAL TECHNICAL SCHOOL SYSTEM. No. 598 (House Bill No. 475). An Act to create the Coosa Valley Area Vocational Technical School System; to provide for a Board of Trustees of said system; to provide for the appointment of the

Page 3711

Board of Trustees; to provide for the qualifications, compensation and terms of office of the members of the Board; to provide for the operation and administration of the system by the Board of Trustees; to provide that the Director of the Coosa Valley Area Vocational Technical School shall be the Secretary of the Board of Trustees; to provide for the submission of budgets by the Board of Trustees; to authorize the Board of Trustees to promulgate rules and regulations; to provide for the powers and duties of the Board of Trustees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created the Coosa Valley Area Vocational Technical School System. The affairs of the Coosa Valley Area Vocational Technical School shall be administered by a Board of Trustees composed of seven members as follows: The County School Superintendent of Floyd County and the City School Superintendent of the Rome School System shall be ex officio voting members of the Board. The Board of Education of Floyd County and the Board of Education of the City of Rome shall each appoint a member to the Board and such members shall each serve for terms of two years. The Board of Commissioners of Roads and Revenues of Floyd County shall appoint one member to the Board for one year, one member to the Board for two years, and one member to the Board for three years. Thereafter, the members of the Board appointed by the Board of Commissioners of Roads and Revenues shall each be appointed for terms of office of three years. The members of the Board of Trustees shall assume office on July 1, 1969, and administer thereafter the affairs of the Coosa Valley Area Vocational Technical School System. The members of the Board shall receive no compensation for their services. Vacancies for an unexpired term shall be filled in the same manner as appointments. Created, members, etc. Section 2. The Board of Trustees shall elect a Chairman and such other officers as they may deem necessary at their first meeting in each fiscal year. The Director of the

Page 3712

Coosa Valley Area Vocational Technical School shall serve as Secretary of the Board. Chairman, etc. Section 3. The Board of Trustees shall prepare an annual budget and submit it to the Board of Commissioners of Roads and Revenues of Floyd County on or before September 1 of each calendar year. The Board of Commissioners of Roads and Revenues shall have the authority to increase, decrease or approve the budget as recommended by the Board of Trustees and the Floyd County Budget Commission; and to levy the necessary taxes to operate said system. Budgets. Section 4. The powers of the Board of Trustees shall include, but shall not be limited to, the following: Powers. (a) To receive and administer gifts, grants and donations and administer trusts. (b) To contract with the State of Georgia or any of its political subdivisions or any municipality and with the United States Government or with any department or agency of the State of Georgia or the United States and with private persons and corporations; to contract with the State School Building Authority, the State Department of Education or with any of its divisions and with the Georgia State Board for Vocational Education or either of them in any manner relating to said school system. (c) To borrow money, to issue notes, to execute trust agreements or indentures and to mortgage, pledge and assign any and all of its funds, property and income as security therefor, subject to approval of the Board of Commissioners of Roads and Revenues. (d) To acquire property by gift or purchase, to erect buildings thereon for school purposes and to equip and maintain such facilities, to rent or lease for a specified number of years, with the privilege of renewal or with the option to purchase, from any person, firm or corporation, land, buildings, equipment, furnishings, and supplies for school purposes.

Page 3713

(e) To prescribe the curriculum of said school system and to determine entrance requirements in accordance with the laws of this State. (f) To appoint and employ such executive, instructional, clerical and maintenance personnel and other employees and fix their compensation and terms of employment. (g) To appoint attorneys, accountants, architects, and engineers and to fix their compensation, and shall have the right to require the services of the Floyd County Attorney and Engineer if deemed advisable. (h) To adopt, alter or repeal bylaws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be employed, as the Board may deem necessary or expedient in facilitating its business. Section 5. The Board is authorized to receive funds from the State, any of its agencies, the State Board of Education or the State Board for Vocational Education under such terms and conditions as may be prescribed by the State, said agencies, or the State Board of Education. Funds. Section 6. The Board shall promulgate such rules and regulations as it shall deem advisable for the admission of students. The Board is further authorized to contract for the admission of students who reside outside the territorial limits of Floyd County and shall have the power and authority to contract with the governing authority of counties, municipalities and other political subdivisions for the admission of students residing in such municipalities, counties, or other political subdivisions. The Board shall fix, charge and collect such matriculation fees and supply fees as it, in its discretion, may prescribe, and as are permitted by the State Board of Vocational Education, its rules, regulations and the laws of this State, and may condition the attendance of any student in said school system upon the prompt payment of such fee or fees. Rules.

Page 3714

Section 7. The Board shall maintain such records and reports as it shall deem advisable, and it shall maintain such financial records as shall be required by good accounting practices, and State laws appertaining thereto. Records. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that during the 1969 Session of the General Assembly of Georgia, a Bill will be proposed to authorize and effectuate the establishment of an Area Vocational Technical School System, to operate the Coosa Valley Area Vocational Technical School; to provide for the appointment of a board of trustees; to provide for the qualifications, compensation and terms of office of the members of said Board; to provide for the operation, administration of the system, by said board; to provide that the director of the Coosa Valley Area Vocational Technical School shall be the secretary of the board of trustees; to provide for the submission of budgets by said trustees; and to authorize said trustees to promulgate rules and regulations and to provide for the powers and duties of the board of trustees; to repeal conflicting laws and for other purposes. /s/ Sam Doss Senator, 52nd District /s/ Sidney Lowrey Representative, Ninth District, Post 1 /s/ Charles Graves Representative, Ninth District, Post 2 /s/ E. B. Toles Representative, Ninth District, Post 3 Georgia, Floyd County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Graves

Page 3715

who, on oath, deposes and says that he is Representative from Floyd County, and that the attached copy of notice of intention to introduce local legislation was published in the Rome News-Tribune, which is the official organ of said county, on the following dates: January 10, January 17, January 24. /s/ Charles Graves Representative, Floyd County Sworn to and subscribed before me, this 24th day of January, 1969. /s/ Leatha Davenport, Notary Public, Floyd County, Georgia. My Commission expires November 21, 1972. (Seal). Approved April 28, 1969. CITY OF ROMECHIEFS OF POLICE AND FIRE DEPARTMENTS. No. 599 (House Bill No. 477). An Act to amend an Act creating a new charter and municipal government for the City of Rome, approved August 19, 1918 (Ga. L. 1918, pp. 813-885), as amended, and especially to amend Sections 5 and 6 of an Act approved April 5, 1961 (Ga. L. 1961, pp. 3033-3039), so as to clarify the powers and duties of the city manager and of the Rome city commission with respect to the appointment, discharge and governing of chiefs of fire and police departments by placing these powers under the immediate control of the city manager; to repeal conflicting provisions; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:

Page 3716

Section 1. That section 30 of the charter of the City of Rome pertaining to civil service (Ga. L. 1961, pp. 3033-3039, amending Ga. L. Ex. Sess. 1937-1938, pp. 1327-1328) be, and the same is hereby, amended by striking section 30 in its entirety and inserting in lieu thereof a new section 30 to read as follows: Section 30: The chiefs of the fire and police departments of the City of Rome shall be appointed, discharged and governed by the city manager, and the civil service board shall have no control or responsibility for the hiring, firing or conduct of the chiefs of the fire and police departments. Fire and police chiefs. Section 2. That section 31 of the charter of the City of Rome pertaining to civil service (Ga. L. 1961, pp. 3033-3039, amending Ga. L. Ex. Sess. 1937-1938, pp. 1327-1328) be, and the same is hereby, amended by striking section 31 in its entirety and inserting in lieu thereof a new section 31 to read as follows: Section 31: If the city manager appoints and hires a person subject to the terms of this Act at the time of his appointment as either chief of the fire department or chief of the police department, and, thereafter, the city manager for any reason discharges said chief, the discharged chief shall immediately revert to his former status, grade and rank, without prejudice, in the fire or police department from which he was appointed, unless the civil service board, after a hearing as provided in section 9 of this Act, shall remove, discharge or demote him for cause. City manager. Section 3. That all laws and parts of laws in conflict herewith be, and the same are hereby, repealed. Section 4. That the published notice and accompanying affidavit attached hereto be, and the same are hereby, by reference, made a part of this bill. Notice of Intention to Introduce Local Legislation. Pursuant to Article III, Section VII and Paragraph XV of the Constitution of Georgia of 1945.

Page 3717

Notice is hereby given that during the 1969 session of the Georgia General Assembly, a bill will be introduced to amend Georgia Laws 1961, Act No. 388, section 5 (Section 84.1 of the charter of the City of Rome) to maintain consistency with section 31 of said charter, and clarifying the powers and duties of the city manager and the Rome City Commission with respect to the appointment, discharge and governing of chiefs of fire and police departments; to repeal conflicting provisions; and for other purposes. /s/ Sam Doss Senator, 52nd District /s/ Sidney Lowrey Representative, Ninth District, Post 1 /s/ Charles Graves Representative, Ninth District, Post 2 /s/ E. B. Toles Representative, Ninth District, Post 3 Georgia, Floyd County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Graves who, on oath, deposes and says that he is Representative from Floyd County, and that the attached copy of notice of intention to introduce local legislation was published in the Rome News-Tribune, which is the official organ of said county, on the following dates: January 10, January 17, January 24. /s/ Charles Graves Representative, Floyd County Sworn to and subscribed before me, this 24th day of January, 1969. /s/ Leatha Davenport, Notary Public, Floyd County, Georgia. My Commission expires November 21, 1972. (Seal). Approved April 28, 1969.

Page 3718

TIFT COUNTYSALARY OF ORDINARY. No. 600 (House Bill No. 480). An Act to amend an Act placing the ordinary of Tift County, Georgia upon a salary in lieu of a fee basis, approved March 24, 1965, (Ga. L. 1965, p. 2541), so as to increase the salary of the ordinary of Tift County from $8000.00 per annum to $9000.00 per annum; 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 placing the ordinary of Tift County, Georgia upon a salary in lieu of a fee basis, approved March 24, 1965 (Ga. L. 1965, p. 2541), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The ordinary shall receive an annual salary of $9000.00, payable in equal monthly installments from the funds of Tift County. Salary. Section 2. The salary increase provided for in this Act shall be retroactive to January 1, 1969, and upon approval of this Act any deficiencies in said salary accruing between January 1, 1969 and the date of such approval shall be paid to the ordinary of Tift County in accordance herewith from the county treasury. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby specifically repealed. Section 4. This Act shall become effective immediately upon its approval. Notice of Intent to Apply for Local Legislation. Notice is hereby given that there will be introduced in the January, 1969 Session of the General Assembly of Georgia an Act to amend an Act placing the ordinary of Tift

Page 3719

County, Georgia upon a salary basis in lieu of a fee basis approved March 24, 1965 (Ga. L. 1965 p. 2541) so as to increase the annual salary of the Tift County ordinary from $8,000.00 to $9,000.00 and for other purposes. Sutton, Kelley Pittman Tift County Attorneys Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Henry Bostick who, on oath, deposes and says that he is Representative from the 63rd District, and that the attached copy of notice of intention to introduce local legislation was published in The Tifton Gazzette which is the official organ of Tift County, on the following dates: January 2nd, 9th and 16th, 1969. /s/ Henry Bostick Representative, 63rd District Sworn to and subscribed before me, this 18th day of February, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved April 28, 1969. TIFT COUNTYACT PLACING SHERIFF ON SALARY BASIS AMENDED. No. 601 (House Bill No. 481). An Act to amend an Act placing the sheriff of Tift County on a salary basis approved March 24, 1965 (Ga. L. 1965, p. 2545) and amended by an Act approved April 6, 1967,

Page 3720

(Ga. L. 1967, p. 2847), so as to change the total amount of compensation to be paid deputies, jailers, clerks and assistants, 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 placing the sheriff of Tift County on a salary basis approved March 24, 1965 (Ga. L. 1965, p. 2545) and amended by an act approved April 6, 1967, (Ga. L. 1967, p. 2847) is hereby amended by striking and deleting in its entirety section 2 and substituting in lieu thereof a new section 2a and a new section 2b as follows: Section 2a: After the effective date of this Act, the sheriff of Tift County shall be compensated in the sum of $12,000.00 per annum to be paid in equal monthly installments from the funds of Tift County. Sheriff. Section 2b: The sheriff shall have the authority to appoint such deputies, jailers, clerks and assistants as he may deem necessary to efficiently perform the duties of his office and set the compensation; provided, however, that the sheriff shall at the first regular meeting of the board of commissioners of Tift County, Georgia, in January of each year, submit to said Board for its approval a salary budget for such personnel for that calendar year, and which salary budget must be approved by said board of commissioners prior to the payment of such salaries; provided, further, that such budget, when approved, shall specify the salary to be received by each such deputy, jailer, clerk and assistant. Tift County, Georgia, shall not be liable for the salary of any such personnel unless the same is included in the budget approved by such board of commissioners. Such salary budget may be amended and otherwise varied during the calendar year upon the recommendation of the sheriff and the approval of such recommendation by the board of commissioners. Deputies, etc. Section 2. This Act shall become effective immediately upon its passage and shall be applicable for the remainder of the calendar year, 1968, and all subsequent years and

Page 3721

such salary budget for the remainder of 1968 shall be submitted for approval at the first regular meeting of the board of commissioners following approval of this Act. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Apply for Local Legislation. Notice is hereby given that there will be introduced in the January, 1969 Session of the General Assembly of Georgia a Bill to amend an Act which changed the compensation of the sheriff of Tift County, Georgia, approved March 24, 1965 (Ga. L. 1965, p. 2545) as amended, and which Bill shall provide that the limits of expenditures for compensation of deputies, jailers, clerks and assistants shall be determined by the board of commissioners of Tift County, Georgia; to eliminate the present limit of expenditures for compensation of such persons and for other purposes. By authorization of the board of commissioners of Tift County, Georgia this 6th day of January, 1969. Marvin Dunn, Chairman Board of Commissioners of Tift County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Henry Bostick who, on oath, deposes and says that he is Representative from the 63rd District, and that the attached copy of notice of intention to introduce local legislation was published in The Tifton Gazette which is the official organ of Tift County, on the following dates: January 9th, 16th, and 23rd, 1969. /s/ Henry Bostick Representative, 63rd District

Page 3722

Sworn to and subscribed before me, this 18th day of February, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved April 28, 1969. JEFFERSON COUNTYDEPUTY SHERIFFS, ETC. No. 602 (House Bill No. 486). An Act to amend an Act placing the sheriff of Jefferson County upon an annual salary, approved March 10, 1965 (Ga. L. 1965, p. 2226), so as to change the provisions relative to the employment of deputies and other personnel; to provide how the personnel employed within the sheriff's office shall be compensated; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Jefferson County upon an annual salary, approved March 10, 1965 (Ga. L. 1965, p. 2226), is hereby amended by striking section 8 in its entirety and substituting in lieu thereof a new section 8 to read as follows: Section 8. The sheriff of Jefferson County is hereby authorized to appoint two full-time deputies and two full-time office clerks. In the event the sheriff deems that a jailer and other part-time deputies, in addition to the full-time deputies and clerks provided for above, are needed, he shall be authorized to employ such personnel. The compensation to be received by the full-time and part-time employees of the sheriff's office shall be fixed by the board of commissioners of Jefferson County and shall be paid from the funds of Jefferson County.

Page 3723

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff of Jefferson County upon an annual salary, so as to make provisions relative to the employment of personnel within the sheriff's office; to provide that their compensation shall be fixed by the board of commissioners of Jefferson County; and for other purposes. This 20th day of January, 1969. J. Roy McCracken Representative, 36th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable J. Roy McCracken who, on oath, deposes and says that he is Representative from the 36th District, and that the attached copy of notice of intention to introduce local legislation was published in The News and Farmer which is the official organ of Jefferson County, on the following dates: January 23rd, 30th, 1969; February 6th, 1969. /s/ J. Roy McCracken Representative, 36th District Sworn to and subscribed before me, this 18th day of February, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved April 28, 1969.

Page 3724

JEFFERSON COUNTYCOMPENSATION OF BOARD OF COUNTY COMMISSIONERS AND CLERK. No. 603 (House Bill No. 487). An Act to amend an Act entitled An Act to fix the compensation for the members of the board of roads and revenues of Jefferson County, Georgia, and the clerk of said board, and to repeal so much of the Act approved December 13, 1871, and the Act approved February 20, 1873, as may be in conflict with this Act, which Acts provide for a board of roads and revenues in and for the County of Jefferson; and for other purposes., approved August 12, 1921 (Ga. L. 1921, p. 509), as amended, particularly by an Act approved February 12, 1952, (Ga. L. 1952, p. 2340), and an Act approved March 10, 1965 (Ga. L. 1965, p. 2234), so as to change the compensation of the commissioners; to provide that the commissioners shall fix the compensation to be received by the clerk of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to fix the compensation for the members of the board of roads and revenues of Jefferson County, Georgia, and the clerk of said board, and to repeal so much of the Act approved December 13, 1871, and the Act approved February 20, 1873, as may be in conflict with this Act, which Acts provide for a board of roads and revenues in and for the County of Jefferson; and for other purposes., approved August 12, 1921 (Ga. L. 1921, p. 509), as amended, particularly by an Act approved February 12, 1952 (Ga. L. 1952, p. 2340), and an Act approved March 10, 1965 (Ga. L. 1965, p. 2234), is hereby amended by striking from section 1 the following: $175.00 and $150.00 and substituting in lieu thereof: $225.00 and $200.00, respectively, so that when so amended section 1 shall read as follows:

Page 3725

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the member of the board of roads and revenues of Jefferson County, Georgia, who is the chairman thereof, shall be compensated in an amount as may be determined by said board not to exceed $225.00 per month and the remaining members of said board shall each be compensated in an amount as may be determined by said board not to exceed $200.00 per month. The compensation determined by said board within the limitations herein provided shall be payable from the funds of Jefferson County. Salaries. Section 2. Said Act is further amended by striking in its entirety section 2 and substituting in lieu thereof a new section 2 to read as follows: Section 2. The clerk of the board of commissioners shall receive such compensation as the members of the board shall provide. Clerk. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to change the compensation of the chairman and members of the board of commissioners of Jefferson County; to authorize the board of commissioners to fix the compensation of their clerks; and for other purposes. This 20th day of January, 1969. J. Roy McCracken Representative, 36th District

Page 3726

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable J. Roy McCracken who, on oath, deposes and says that he is Representative from the 36th District, and that the attached copy of notice of intention to introduce local legislation was published in The News and Farmer which is the official organ of Jefferson County, on the following dates: January 23rd, 30th, 1969; February 6th, 1969. /s/ J. Roy McCracken Representative, 36th District Sworn to and subscribed before me, this 18th day of February, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved April 28, 1969. CITY OF MARIETTAAD VALOREM TAX FOR PUBLIC SCHOOLS. No. 604 (House Bill No. 505). An Act to amend an Act providing a new charter for the City of Marietta, approved August 15, 1904 (Ga. L. 1904, p. 519), as amended, so as to change the amount of ad valorem tax which may be levied to support and maintain the public schools of said city, upon the happening of a specified contingency; 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

Page 3727

of Marietta, approved August 15, 1904 (Ga. L. 1904, p. 519), as amended, is hereby amended by striking section 20 in its entirety and inserting in lieu thereof a new section 20, to read as follows: Section 20. The mayor and council of the City of Marietta shall have authority to make such contracts as they may deem necessary for said city, and to purchase, hold and sell real and personal property. For the purpose of raising revenues for the support and maintenance of the general purposes of the government of the City of Marietta, the mayor and council of said city shall have full power and authority to levy and collect annually an ad valorem tax of not exceeding 80 on the one hundred dollars upon all taxable property, real and personal, or otherwise, as subject to said tax by said city, within the corporate limits of said city and upon all money and choses in action whose owner resides within the corporate limits of said city which are subject to taxation by the said city under the laws of the State of Georgia; and in addition thereto, the mayor and council of said city are hereby authorized to levy and collect annually an ad valorem tax on all taxable property in said city for the purposes of providing a sinking fund for the purpose of paying principal of any bonds heretofore issued by the said city or as may hereafter be issued by the city authorities; and to provide a fund for the payment of the annual interest on said bonds a greater ad valorem tax may be levied and collected annually on all taxable property in said city by the mayor and council. The mayor and council of the City of Marietta shall have power and they are hereby authorized to provide by ordinances for the return of all taxable property in the City of Marietta as may be subject to taxation by said city and to provide penalties for neglect or refusal by the property owners or agents thereof to comply with the ordinances; and, in addition thereto, the mayor and council shall have power and they are hereby authorized to levy and collect an ad valorem tax annually in addition to that now allowed by law to the City of Marietta for general purposes of city government, or otherwise not to exceed $1.10 per one hundred dollars on all taxable property in the City of Marietta, as may be subject to an ad valorem tax by said city, for the purposes

Page 3728

of supporting and maintaining the public schools of said city; provided, however, in the event impacted area funds from the Federal Government are reduced, in whole or in part, the mayor and council shall have the power to levy and collect an annual ad valorem tax, in addition to the above $1.10 per one hundred dollars, an ad valorem tax of thirty cents per one hundred dollars on all said property. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular January-February 1969 Session of the General Assembly of Georgia, a bill to amend the charter of the City of Marietta, Georgia (Ga. L. 1904, p. 519, et seq), as heretofore amended, and for other purposes. This 20th day of December, 1968. Cyrus M. Chapman Sam P. Hensley Senators George H. Kreeger Eugene Housley Howard Atherton A. L. Burruss Joe Mack Wilson J. H. Henderson, Jr. Hugh Lee McDaniell Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable George H. Kreeger who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of notice of intention to introduce local legislation

Page 3729

was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 24th, 31st, 1969; February 7th, 1969. /s/ George H. Kreeger Representative, 117th District Sworn to and subscribed before me, this 12th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 25, 1969. CITY OF MADISON AIRPORT AUTHORITY ACT. No. 606 (House Bill No. 523). An Act to create and establish an Airport Authority for the City of Madison, and to authorize such Authority to acquire, construct, equip, maintain, operate, own and improve airports and landing fields for the use of aircraft which shall include related buildings, equipment and the usual and convenient facilities appertaining to such undertaking, and to acquire, own and hold a fee simple title to all necessary property therefor, both real and personal, and to lease and sell any and all such facilities including real property; to confer powers and to impose duties on the Authority; to provide for the membership and for the appointment of members of the Authority and their term of tenure and compensation; to authorize the Authority to contract with others pertaining to airports and landing fields for the use of aircraft and to execute leases of such facilities and to do all things deemed necessary or convenient for the operation of such undertaking; to authorize the issuance of revenue bonds or obligations

Page 3730

of the Authority payable from the revenues, tolls, fees, charges and earnings of the Authority; including but not limited to earnings derived from leases and the use of the facilities, and to pay the costs of such undertakings and authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or obligations or to secure the payment thereof by contract, mortgage, deed to secure debt, security deed note or trust deed and to define the rights of the holders of such bonds and securities; to provide that no liability or debt against the City of Madison shall be incurred in the exercise of any powers granted by this Act; to make the bonds, securities or obligations of the Authority exempt from taxation; to authorize the issuance of refunding bonds, securities or other obligations; to provide that such bonds, securities or other obligations be validated as authorized by the Revenue Bond Law (Ga. L. 1957, p. 36 et seq.) amending the law known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761 et seq., as amended); to authorize the Authority to exercise the power of condemnation; 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 may be cited as the City of Madison Airport Authority Act. Section 2. City of Madison Airport Authority There is hereby created a body corporate and politic to be known as the City of Madison Airport Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Authority or the trustee acting under the trust indenture herein provided for shall in no event be liable for any torts committeed by any of the officers, agents and employees of the Authority. The Authority shall have perpetual existence.

Page 3731

Section 3. Membership The City of Madison Airport Authority shall be composed of seven members, five of which shall be appointed by the governing authority of the City of Madison, as hereinafter provided. The Mayor of the City of Madison and the Chairman of the Board of Commissioners of Morgan County shall be ex-officio members of the Authority. Within thirty days after the approval of this Act or within thirty days after it otherwise becomes law, it shall be the duty of said governing authority to appoint the membership of the Authority. The Authority shall be composed of five posts, to be designated as Post No. 1, Post No. 2, Post No. 3, Post No. 4 and Post No. 5. The initial members appointed to Post No. 1 and Post No. 2 shall be appointed for a term which shall expire December 31, 1972, and until their successors are appointed and qualified. The initial members appointed to Post No. 3, Post No. 4 and Post No. 5 shall be appointed for a term which shall expire December 31, 1974, and until their successors are appointed and qualified. Thereafter, successors to the initial members of the Authority who are appointed by the governing authority of the City of Madison shall be appointed in the year in which such members' respective terms of office shall expire and shall take office on the first day of January, following their appointment, and shall serve for a term of six years, and until their successors are duly appointed and qualified. Section 4. Meetings. The Authority shall hold their first regular meeting after this Act becomes effective, and the first regular meeting of each year thereafter shall be in January. The Authority shall meet at such times as may be necessary to transact the business coming before it, but not less than quarterly. At its first meeting in January of each year thereafter, the Authority shall elect one of its members as its Chairman and another member as Secretary-Treasurer. Only one person shall hold the office of Secretary-Treasurer. These officers shall be elected for a term ending on December 31st of the year in which they were elected or until their successors are elected and qualified. Three members of the Authority shall constitute a quorum for the transaction of all business coming before it. The members of the Authority shall be compensated as determined

Page 3732

from time to time by the governing authority of the City of Madison, however, it is expressly provided that they shall be reimbursed for all actual expenses incurred in the performance of their duties. Section 5. Vacancies in Office In the event of a vacancy on the Authority by reason of death, resignation or otherwise, the vacancy shall be filled by the governing authority of the City of Madison and the person so appointed shall serve for the remainder of the unexpired term. Section 6. Definitions As used in this Act, the following words and terms have the following meanings: (a) The word Authority shall mean the City of Madison Airport Authority as created by the provisions of this Act. (b) The word project shall be deemed to mean and include the acquisition, construction, equipping, maintenance, improving and operation of public airports and landing fields for the use of aircraft, and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property, both real and personal, and the lease and sale of any part or all such facilities, including real and personal property so as to assure the efficient and proper development, maintenance and operation of such airports, and landing fields for the use of aircraft deemed by the Authority to be necessary, convenient or desirable. (c) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery, equipment, financing charges, interest prior to and during construction, cost of engineering, architectural, fiscal and legal expenses, and of plans and specifications, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and improving the same, the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the

Page 3733

project and may be paid or reimbursed as such out of any funds of the Authority including the proceeds from any revenue bonds issued under the provisions of this Act for any such project or projects. (d) The terms revenue bonds, bonds, and obligations as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Law (Ga. L. 1957, p. 36 et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761 et seq., as amended); and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto, and in addition shall also mean obligations of the Authority the issuance of which are hereinafter authorized in this Act. (e) Any project shall be deemed self-liquidating, if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased and sold in connection therewith will be sufficient to pay the cost of operating, maintaining and repairing, improving and extending the project and to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 7. Powers The Authority shall have powers: (a) To have a seal and alter the same at pleasure; (b) To acquire by purchase, lease or otherwise, and to hold, lease, dispose of real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, gift or otherwise, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchise 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 contract with respect to the use of or disposition of the same in any manner it deems to be the best advantage of the Authority.

Page 3734

(d) To appoint, select and employ officers, agents and employees including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (e) To make contracts, leases and to execute all instruments necessary or convenient including contracts for construction of projects or lease of projects or contracts with respect to the use of projects which it causes to be erected or acquired and any and all persons, firms and corporations and any and all political subdivisions, departments, institutions, or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they may deem advisable; the said Authority is further granted the authority to make contracts, leases and to execute all instruments necessary or convenient with the United States Government or any agency or department thereof concerning the projects of the Authority, subject to the rights and interests of the holder of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the Authority authorizing the issuance of any of its bonds or obligations as provided in section 21 of this Act; (f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the Authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof; (g) To accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the United States of America or such agency or instrumentality or other source may impose;

Page 3735

(h) To accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision or any other source may impose; (i) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (j) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; (k) The Authority and the trustee acting under the trust indenture are specifically authorized subject from time to time to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the Authority was created, except as such right and power may be limited as provided in Section 2 and Section 21 hereof; (l) To do all things necessary or convenient to carry out the powers especially given in this Act. Section 8. Revenue Bonds The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate

Page 3736

or rates as may be authorized by the Authority from time to time, shall be payable semi-annually, shall mature at such time or times not exceeding thirty years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. L. 1957, p. 36 et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761, et seq., as amended), and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereof. Section 9. Form, Denominations, Registration, Place of Payment The Authority shall determine the form of the bonds and the place or places of payment of principal thereto, and shall fix the denomination or denominations of the bonds the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine and provision may be made for the registration or any coupon bond as to principal alone and also as to both the principal and interest. Section 10. Signatures, Seal In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and attested by the Secretary-Treasurer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary-Treasurer of the Authority. Any bond may be signed, sealed

Page 3737

and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office. Section 11. Negotiability, Exemption from Taxation All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instrument law of the State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds, their transfer, and the income thereof shall be exempt from all taxation within the State. Section 12. Sale, Price The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority, but no such sale shall be made at a price less than par as provided in the Revenue Bond Law unless said Revenue Bond Law be hereafter amended to permit the sale of such bonds at less than par. Section 13. Proceeds of Bonds The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit for the cost of the project or projects, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purposes. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into a sinking fund or used for additional construction as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture.

Page 3738

Section 14. Interim Receipts and Certificates or Temporary Bonds Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 15. Replacement of Lost or Mutilated Bonds The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 16. Conditions Precedent to Issuance, Object of Issuance Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act, shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of the quorum as in this Act provided. Section 17. Credit not Pledged Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the City of Madison, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the said municipality, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Section. Section 18. Trust Indenture as Security In the discretion of the Authority any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may

Page 3739

pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the sale from time to time of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the property, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 19. To Whom Proceeds of Bonds Shall Be Paid The Authority shall, in the resolution providing for the issuance of revenue bonds or in trust indenture, provide for

Page 3740

the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolutions or trust indentures may provide. Section 20. Sinking Fund The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued and any monies derived from the sale of any properties, both real and personal of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agent or agents for paying interest and principal, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.

Page 3741

Section 21. Remedies of Bondholders Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings protect and enforce any and all rights under the laws of the State of Georgia 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 and other charges for the use of the facilities and services furnished. Section 22. Refunding Bonds The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 23. Validation Bonds of the Authority shall be confirmed and validated in accordance with the procedures of said Revenue Bond Law. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision or instrumentality of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to be sued, which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated

Page 3742

as security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision or instrumentality of the United States Government if a party to the validation proceedings, contracting with the said City of Madison Airport Authority. Section 24. 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 Courts of Morgan County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court, which shall have original jurisdiction of such actions. Section 25. Interest of Bondholders Protected While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, 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 bonds, and upon the issuance of bonds under the provisions hereof shall constitute a contract with the holders of such bonds. Section 26. Monies Considered Trust Funds All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 27. Purpose of Authority Without limiting the generality of any provisions of the Act the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining, improving and operating airports and landing field for the use of aircraft, including

Page 3743

any related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities including real property and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation of such types of undertakings. Section 28. Rates, Charges and Revenues; Use The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls and charges, and to revise from time to time and collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or sub-leases or its lands or facilities, and in anticipation of the collection of the revenues and income of such undertakings or projects. Section 29 Rules and Regulations for Operation of Projects It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which airports and landing fields for the use of aircraft shall be furnished. Section 30. Powers Declared Supplemental and Additional The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 31. Liberal Construction of Act This Act being for the purpose of promoting the health, morals and general welfare of the citizens of the United States, of the State of Georgia, of the City of Madison shall be liberally construed to effect the purposes hereof. Section 32. Eminent Domain Through the use and power of eminent domain, the Authority shall have the

Page 3744

right, power, privilege and authority to condemn real property, rights-of-way or easement for the purpose of carrying out the provisions of this Act, any such condemnation shall be conducted in accordance with the laws of this State. Section 33. Jurisdiction All property, the title to which shall vest is said Authority shall be subject to the jurisdiction of the county wherein such property shall lie. Section 34. Effect of Partial Invalidity of Act In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. Section 35. Effective Date This Act shall become effective upon its approval by the Governor or upon its otherwise becoming law without the Governor's signature. Section 36. Repealer All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be a bill introduced in the 1969 Session of the General Assembly of Georgia to create the City of Madison Airport Authority; to provide the procedure connected therewith; and for other purposes. This 23 day of December, 1968. /s/ E. R. Lambert Representative, 25th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oath, E. R. Lambert who,

Page 3745

on oath, deposes and says that he is Representative from the 25th District, and that the attached copy of notice of intention to introduce local legislation was published in The Madisonian which is the official organ of Morgan County, on the following dates: December 26, 1968, January 2, January 9, 1969. E. R. Lambert Representative, 25th District Sworn to and subscribed before me, this 19th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 28, 1969. CITY OF CAIROCHARTER AMENDED. No. 607 (House Bill No. 526). An Act to amend an Act incorporating the City of Cairo, approved August 6, 1906 (Ga. L. 1906, p. 573), as amended, so as to extend the corporate limits of the city by including therein all territory, parcels of land and tracts heretofore annexed to or purported to be incorporated within the limits of the city by city annexation ordinances; confirm and ratify each and all of said annexation ordinances which were adopted under dates of November 12, 1962; October 11, 1965; February 4, 1966; August 8, 1966; February 27, 1967; and January 8, 1968; to ratify and confirm each and all of said annexation ordinances as including annexed land within the corporate limits of said city; to provide that the descriptions, metes and bounds adopted by said several ordinances and the plats filed in connection therewith

Page 3746

shall be annexed, including within and constitute a part of the land within the corporate limits of the City of Cairo; to provide that certain other described land and territory shall be annexed to and shall be included within the corporate limits of said city; to provide for the holding of Mayor's Court of said city by one of the city councilmen in the event of the absence or inability to serve at the regular time of both the mayor and mayor pro tem; 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 Cairo, approved August 6, 1906 (Ga. L. 1906, p. 573), as amended, is hereby amended by adding at the end of section 3 the following: In addition to the present corporate limits of the City of Cairo, the corporate limits of said city shall include the following described territory and tracts of land: All territory, parcels of land, and tracts heretofore annexed to or purported to be incorporated within the limits of the city by city ordinances, namely, ordinance dated November 12, 1962, with copy of plat of survey of the territory sought to be annexed recorded in plat book 6, page 217, office of clerk of the superior court of Grady County; ordinance dated October 11, 1965, with copy of plat of Survey of the territory sought to be annexed recorded in plat book 9, page 191, office of clerk of the superior court of Gardy County; ordinance dated February 4, 1966, with copy of plat of survey of the territory sought to be annexed recorded in plat book 9, page 127, office of clerk of the superior court of Grady County; ordinance dated August 8, 1966, with copy of plat of survey of the territory sought to be annexed recorded in plat book 9, page 128, office of clerk of the superior court of Grady County; ordinance dated February 27, 1967, with copy of plat of survey of the territory sought to be annexed recorded in plat book 9, page 129, office of clerk of the superior court of Grady County; and ordinance date January 8, 1968, with a copy

Page 3747

of plat of survey of the territory sought to be annexed recorded in plat book 9, page 131, office of clerk of the superior court of Grady County, all purporting to be action by the city under authority of the Act of the General Assembly of Georgia, approved February 27, 1962 (Ga. L. 1962, pp. 119-120), pertaining to `MunicipalitiesMethod of Annexing Territory,' or otherwise, so that each and all of said annexation ordinances shall be confirmed and ratified as including annexed lands within the corporate limits of said city and so that all such territory, land and areas (as more fully described by copies of said ordinances and by metes, bounds, surveys and plats thereof above referred to as adopted by the respective ordinances being of file with the Secretary of State, reference thereto being hereby made), and the descriptions, metes and bounds adopted by said several ordinances and plats shall be and are hereby annexed, included within and constitute a part of the land within the corporate limits of the City of Cairo. Corporate limits. The corporate limits of said city are further extended by annexing thereto and therein Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of the P. H. Harrison subdivision of the J. O. Rawls estate lands and also the residence lot of Louie Palmer adjacent to and east of Lot 9, and the areas of the proposed subdivision streets running between said Lots 4 and 5, 8 and 9, and 12 and 13, and also so as to include the right of way of the `Airport Road' from its intersection with Horry Avenue on the south to the south line of the Ben F. Harrison estate land on the north, all as shown and included in a plat prepared by C. E. Layton, land surveyor, dated November 27, 1968, and recorded in the office of the clerk of superior court of Grady County, Georgia, in plat book 9, page 188. The corporate limits of said city are further extended by including therein all of the land and area within the intersection of the `Airport Road' on the north and the `Alton Hall Road' on the south with State Road No. 38 running east and west. The corporate limits of said city are further extended by annexing thereto and therein lots 1, 2, 3, 4, 5, 6 and 7 of

Page 3748

Pine Summit Estates subdivision, according to a plat of said subdivision recorded in plat book 9, page 4, in the office of the clerk of superior court of Grady County, Georgia. Section 2. Said Act is further amended by adding immediately following section 49 a new section to be known and identified as section 49A, to read as follows: Section 49A. In the event of the absence or inability to serve of both the mayor and mayor pro tem at the time of holding the regular term of `Mayor's Court,' any member of the city council is hereby authorized to hold and conduct `Mayor's Court,' with all of the powers of mayor with respect to same, upon the request of the mayor for such councilman to act, or upon the failure of the mayor to make such request on account of his absence from the city or inability to act, at the request of the mayor pro tem, and in the event a councilman should act hereunder, he is hereby authorized to sign all sentences and all official action taken by him while holding said court with the title of `Temporary Mayor Pro tem'. Mayor's court. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Public Notice. You are hereby notified that the Hon. Burton M. Wamble, the Grady County Representative in the General Assembly of Georgia, intends to introduce at the January, 1969 Session of said General Assembly a Local or Special Bill for the purpose of amending that certain Act approved August 6, 1906 (Ga. L. 1906, page 573), incorporating the City of Cario, as amended from time to time, so as to extend the corporate limits and area of the city by including all territory, parcels of land, and tracts heretofore annexed to or purported to be incorporated within the limits of the city by city ordinances, namely, Ordinance dated November 12, 1962, with copy of plat of survey of the territory sought to be annexed recorded in plat book 6, page 217, office of clerk of the superior court of Grady County; ordinance dated October 11, 1965, with copy of plat of survey of the territory

Page 3749

sought to be annexed recorded in plat book 9, page 191, office of clerk of the superior court of Grady County; ordinance dated February 4, 1966, with copy of plat of survey of the territory sought to be annexed recorded in plat book 9, page 127, office of clerk of the superior court of Grady County; ordinance dated August 8, 1966, with copy of plat of survey of the territory sought to be annexed recorded in plat book 9, page 128, office of clerk of the superior Court of Grady County; ordinance dated February 27, 1967, with copy of plat of survey of the territory sought to be annexed recorded in plat book 9, page 129, office of clerk of the superior court of Grady County; and ordinance dated January 8, 1968, with copy of plat of survey of the territory sought to be annexed recorded in plat book 9, page 131, office of clerk of the superior court of Grady County, purporting to be action by the city under authority of the Act of the General Assembly of Georgia approved February 27, 1962 (Ga. L. 1962, p. 119-120), pertaining to MunicipalitiesMethod of Annexing Territory, or otherwise, so that each and all of said annexation ordinances shall be confirmed and ratified as including annexed lands within the corporate limits of said city and so that all such territory, land and areas (as more fully described by copies of said ordinances and by metes, bounds, surveys and plats thereof above referred to as adopted by the respective ordinances being of file with the Secretary of State, reference thereto being hereby made), and the descriptions, metes and bounds adopted by said several ordinances and plats shall be hereby annexed, included within, and constitute a part of the land within the corporate limits of the City of Cairo; And said Local or Special Bill shall also further extend the corporate limits of said city by annexing thereto and therein lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 of the P. H. Harrison subdivision of the J. O. Rawls Estate land and also the residence lot of Louie Palmer adjacent to and east of lot 9, and the areas of the proposed subdivision streets running between said lots 4 and 5, 8 and 9, and 12 and 13, and also so as to include the right of way of the Airport Road from its intersection with Horry Avenue on the south to the south line of the Ben F. Harrison estate

Page 3750

land on the north, all as shown and included in a plat prepared by C. E. Layton, Land Surveyor, dated November 27, 1968, and recorded in the office of the clerk of superior court of Grady County, Georgia, in plat book 9, page 188; And said Local or Special Bill shall also extend the corporate limits of the city by including therein all of the land and area within the intersection of the Airport Road on the north and the Alton Hall Road on the south with State Road No. 38 which runs east and west; And said Local or Special Bill shall also extend the corporate limits of the City by including therein lots 1, 2, 3, 4, 5, 6, and 7 of Pine Summit Estates Subdivision, according to a plat of said Subdivision recorded in plat book 9, page 4, in the office of the clerk of superior court of Grady County, Georgia; And Said Local or Special Bill shall also further amend the said Act of 1906, as heretofore amended, by providing that under certain circumstances, any city councilman may hold Mayor's Court in the absence or inability to serve of both the mayor and mayor pro-tem. This January 13, 1969. R. A. Bell, City Attorney, City of Cairo Georgia, Grady County: Personally appeared H. H. Wind, Jr., publisher of The Cairo Messenger, the official organ of Grady County, Georgia, who being first duly sworn, deposed, certified and said that the above and foregoing notice of intention to apply for local legislation was published in said newspaper in its following issues, namely, January 17th, 24th and 31st. /s/ H. H. Wind, Jr.

Page 3751

Sworn to, certified and subscribed before me, this February 1, 1969. s/ Clara Jean Faircloth Notary Public: Grady County, Georgia. My Commission Expires Dec. 28, 1970. Approved April 28, 1969. CITY OF SENOIANEW CHARTER. No. 608 (House Bill No. 528). An Act to reincorporate the City of Senoia in the County of Coweta; to create a new charter for said city; to provide its corporate limits; to provide for the government of said city; to provide for the officials thereof; to provide for their powers and duties; to provide for their terms of office; to provide for the organization and administration of said city; to provide for finance and fiscal matters; to provide for election and removal of officers; to provide for a mayor's court; to provide for miscellaneous provisions; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: ARTICLE 1 Incorporation and Powers Section 1.10. Incorporation. The City of Senoia, in the County of Coweta, and the inhabitants thereof shall continue to be a body politic and corporate under the name and style of the City of Senoia (herein at times referred to as the City) and by that name shall have perpetual succession; may sue and be sued, and plead and be impleaded in all courts of law and equity, and in all actions whatsoever; may contract and be contracted with; may acquire and

Page 3752

hold such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of the same; may have and use a common seal and change it at pleasure. Section 1.11 Corporate Limits. The corporate limits of the City of Senoia shall be as described and set forth in Appendix One hereto. Section 1.12 Specific Powers. The government of the City of Senoia shall have power: 1. To levy and to provide for the assessment, valuation, re-evaluation, and collection of taxes on all property subject to taxation; 2. To levy and to provide for the collection of license fees and occupation taxes on privileges, persons, firms, corporations, businesses, occupations, trades and professions; to license and regulate such privileges, persons, firms, corporations, businesses, occupations, trades and professions; and to provide for the manner of payment of such licenses and taxes; 3. To make appropriations for the support of the government of the City to authorize the expenditure of money for any purposes authorized by this Charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the City; 4. To appropriate and borrow money for the payment of debts of the City and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this Charter or the laws of the State of Georgia; 5. To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, inside or outside the corporate limits of the City;

Page 3753

6. To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the City and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; 7. To condemn property, inside or outside the corporate limits of the City for present or future use, and for any corporate purpose deemed necessary by the mayor and council, under Section 36-202 of the Code of Georgia, 1933, or under other applicable public Acts; 8. To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; 9. To grant franchises or make contracts for public utilities and public services, not to exceed periods of twenty years; to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Public Service Commission. 10. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean prevent erosion of and light streets, roads, alleys and walkways within the corporate limits of the City. 11. To grant franchises and rights-of-way through the streets and roads, and over the bridges and viaducts, for the use of public utilities.

Page 3754

12. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and any other public improvements, inside or outside the corporate limits of the City; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under Section 36-202 of the Code of Georgia, 1933, or other applicable public Acts. 13. To require real estate owners to repair and maintain in a safe condition, the sidewalks adjoining their lots or lands; and to enact ordiances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so. 14. To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing and electrical codes and to regulate all housing, building, and building trades; to license all building trades, and to license the construction and erection of buildings and all other structures. 15. To provide for the prevention punishment of vice, obscenity, immorality, vagrancy, drunkenness, riots, disturbances, and public houses, disorderly houses, bawdyhouses, gambling and gambling houses, billiard tables, pool tables or other tables of like kind, lewd exhibitions, disorderly conduct, the carrying of concealed weapons and breaches of the peace. 16. To regulate or prohibit junk dealers; pawn shops; the mansufacture, sale or transportation of intoxicating liquors, the use and sale of firearms; the use and sale of firecrackers, fireworks and to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and

Page 3755

any other business or situation which may be dangerous to persons or property. 17. To regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise. 18. To license, tax, regulate or prohibit professional fortune telling or palmistry. 19. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads within the corporate limits of the City of Senoia and to prescribe penalties and punishment for violation of such ordinances. 20. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. 21. To regulate the emission of smoke or other exhaust which pollute the air and to prevent the pollution of natural streams which flow within the corporate limits of the City of Senoia. 22. To fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof. 23. To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public. 24. To provide for the collection and disposal of garbage, rubbish and refuse and to regulate the collection and disposal of garbage, rubbish and refuse by others.

Page 3756

25. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge for such services as may be necessary in the operation of the City, from all individuals, firms and corporations residing in or doing business therein benefitting from such services; to enforce the payment of such service charges; and to provide for the manner and method of collecting such service charges. 26. 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 sewage system, and to levy on the users of sewers and the sewage system a sewer service charge fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charge and for enforcing payment of same. 27. To charge, impose and collect a sewer connection fee or fees, and to charge the same from time to time; such fees to be levied on the users connecting with the sewerage system. 28. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the City of Senoia and to provide for the enforcement of such standards. 29. To define a nuisance and provide for its abatement. 30. To provide for the preservation and protection of property and equipment of the City and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof. 31. To establish minimum standards, for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the City of Senoia and to provide for the enforcement of such standards.

Page 3757

32. To provide that persons given jail sentences in the mayor's court shall work out such sentence in any public works or on the streets, roads, drains and squares in the City; or to provide for committment of such persons to any county work camp, or jail by agreement with the appropriate county officials. 33. To adopt ordinances and regulations for the prevention of idleness, loitering, vagrancy, disorderly conduct, public drunkenness and disturbing the peace in the corporate limits of the city and to prohibit the playing of lotteries therein, and to prohibit or regulate such other conduct and activities within said city which, while not constituting an offense against the laws of this State, is deemed by the mayor or council to be detrimental and offensive to the peace, good order and dignity of the City of Senoia and to the welfare and morals of the citizens thereof. 34. To regulate and license, or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane destrouction, when not redeemed as provided by ordinance; to provide punishment for violation of ordinances enacted hereunder. 35. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the city. 36. To regulate and license vehicles operated for hire in the City of Senoia; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in amounts prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles. 37. To provide and maintain a system of pensions and retirement for officers and employees of the City. 38. To levy and provide for the collection of special assessments to cover the costs for any public improvements.

Page 3758

39. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be furnished and payments to be made therefor. 40. To create, alter or abolish departments; boards, offices, commissions and agencies of the City, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same. 41. To make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the city and the inhabitants thereof, and for preserving the health, morals, peace, order and good government of the City of Senoia. 42. To provide penalties for violations of any ordinance adopted pursuant to the authority of this Charter and the laws of the State of Georgia. 43. To exercise 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, morals, and general welfare of the City of Senoia and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this Charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this Charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers; but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13. General Powers. In addition to all other powers herein granted, the City of Senoia shall be vested

Page 3759

with any and all powers which municipal corporations are or may hereafter be, authorized or required to exercise under the Constitution and laws of the State of Georgia, as fully and completely as though such powers were specifically enumerated herein; and any and all powers which the City of Senoia were heretofore authorized to exercise upon the effective date of this charter. Section 1.14 Construction. The powers of the City of Senoia shall be construed liberally and in favor of the city. The specific mention or failure to mention, particular powers in this Charter shall not be construed as limiting in any way the general power of the city as stated in this Charter. It is the intention hereof to grant to the city full power and right to exercise all governmental authority necessary for the effective operation and conduct of the City of Senoia within its corporate limits and to conduct all its affairs. ARTICLE II CITY COUNCIL Chapter 1 General Provisions Section 2.10 Creation and Composition; Number. The Legislative authority of the government of the City of Senoia except as otherwise specifically provided in this Charter shall be vested in a mayor and four councilmen, who together shall be known as the City Council. The mayor and councilmen shall be elected in the manner provided by Article V of this Charter. Section 2.11 Terms and Qualifications of Office. The mayor and members of the city council shall serve for terms of two (2) years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor, or councilman unless he shall have attained the age of twenty-one (21) at the beginning of his term of office and unless he shall have been a resident of the city for a period of one (1) year immediately prior to the date of the election of mayor or members of the council and shall

Page 3760

continue to reside therein during his period of service, and shall be registered and qualified to vote in municipal elections of the City of Senoia. Neither the mayor nor any councilman shall hold any other elective or appointive office in the city. Section 2.12 Vacancy; Forfeiture of Office; Filling of Vacancies . (a) Vacancies The office of mayor or councilman shall become vacant upon the incumbent's death, resignation, forteiture of office or removal from office in any manner authorized by this Charter or the laws of the State of Georgia. (b) Forfeiture of Office The mayor or any councilman shall forfeit his office if he: (1) lacks at any time during his term of office any qualifications of the office as prescribed by this Charter or the laws of the State of Georgia; (2) violates any expressed prohibition of this Charter; or (3) is convicted of a crime involving moral turpitude. (c) Filling of Vacancies A vacancy in the office of mayor or councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Article V. Section 2.13 Compensation and Expenses . The mayor and councilmen shall receive as compensation for their services an amount fixed by ordinance; provided, however, no ordinance increasing such compensation shall become effective until the date of the commencement of the terms of the mayor or councilmen elected at the next regular election. The mayor and councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.14 General Powers of the Mayor and Council . (a) Except as otherwise provided by law or this Charter, all the powers of the City of Senoia shall be vested in the City Council.

Page 3761

(b) In the exercise of its powers, the City Council shall adopt and provide for the execution of such ordinances, rules and regulations, not inconsistent with this Charter or the laws of the State of Georgia as may be necessary or expedient or helpful for the peace, good order, proection of life and property, health, welfare, sanitation, comfort, convenience, morals, prosperity and well-being of the inhabitants of the City of Senoia and may enforce such ordinances by imposing penalties for violations thereof. (c) The city council may be ordinance create, change, alter, abolish and consolidate departments, and may assign additional functions to any of the offices, agencies, departments, boards or commissions created by or pursuant to this Charter. Section 2.15 Judge of Qualifications . The city council shall be the judge of the election and qualification of its member and shall determine the existence of any ground for forfeiture of office. For such purposes the city council is authorized to give notice and hold hearings, to subpoena witnesses, administer oaths and require the production of evidence. The mayor or any councilman charged with conduct constitutiting grounds for forfeiture of his office shall be entitled to a public hearing on demand. Where a public hearing is held to determine the grounds of forfeiture of office, notice of such hearing shall be published in the newspaper in which legal advertisements are published in Coweta County at least two (2) weeks in advance of the hearing. Decisions made by the city council under this section shall be subject to review by the Superior Court of Coweta County upon writ of certiorari. Section 2.16 Inquiries and Investigations . The city council may make inquiries and investigations into the affairs of the City of Senoia and conduct of any department, office or agency or any officer or employee thereof and for this purpose may subpoena witnesses or documents, records or other evidence, administer oaths, take testimony and require the production of evidence. Any subpoena shall be issued by the clerk of the city council upon its application. Any

Page 3762

person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be guilty of contempt and fined not more than twenty-five ($25) or imprisoned not more than five (5) days in jail or both in the discretion of the city council. Section 2.17 Independent Audit. The city council shall provide for an independent annual audit of all accounts of the City of Senoia and may provide for much more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants, licensed by the State of Georgia. Neither the accountant nor the firm or any member thereof shall have any interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The city council may, without requiring competitive bids, designate such accountant or firm annually or for a period not exceeding three years; provided, however, that such designation shall be made no later than thirty (30) days after the beginning of a fiscal year. Chapter 2 Mayor Section 2.20 Powers and Duties; Generally. The mayor shall be the official spokesman for the city and the chief advocate of policy. He shall preside at meetings of the city council and may vote on any question. He shall sign ordinances and resolutions on their final passage; shall sign deeds, bonds, contracts, and other instruments and documents authorized and executed on behalf of the city. He shall have the power to declare emergencies in the event of civil or other disorder which might prove detrimental to the welfare of the inhabitants of the City of Senoia. The mayor shall be recognized as the official head of the city by the courts for the purpose of serving civil process and by the public for all ceremonial purposes. He shall have power to administer oaths and he shall perform such other duties imposed by this Charter or by ordinance not inconsistent therewith. Section 2.21 Mayor Pro Tem. During the absence or disability of the mayor for any cause, the mayor pro tem,

Page 3763

or in his absence or disability for any reason, any member of the city council chosen from its membership shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of mayor so long as such absence or disability shall continue. Chapter 3 Organization and Procedures Section 2.30 Organization Meeting. The city council shall meet for organization on the first Monday in January following the municipal election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: I do solemnly swear (or affirm) that I will well and truly perform the duties of mayor (or councilman as the case may be) of the City of Senoia and that I will support and defend the Charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. So help me God. Following the induction of members, the city council by majority vote of all the members thereof shall elect one of their number to be mayor pro tem, who shall serve for a term of one (1) year and until his successor is elected and qualified. Section 2.31 Regular and Special Meetings. (a) The city council shall hold regular meetings at least once in every month at such times and places as prescribed by rule. The city council may recess any regular meeting and continue such meeting on any weekday or hour they may fix. They may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the city council may be held on call of the mayor or shall be held when requested in writing by a majority of the members of the city council and, except in case of emergency, upon no less than twenty-four hours notice to each member. Notice of any special meeting may be waived in writing and attendance at the meeting shall be a waiver of notice of any special meeting.

Page 3764

(c) All meetings of the city council shall be public; provided, however, they may recess for the purpose of discussion in a closed session limited to their own members, any matter which would tend to defame or prejudice the character or reputation of any person. Section 2.32 Rules of Procedure. The city council shall adopt its rules of precedure and order of business consistent with the provisions of this Charter and shall provide for keeping a journal of its proceedings which shall be a public record. Section 2.33 Quorum; Voting. Three (3) councilmen on the mayor and two (2) councilmen shall constitute a quorum and shall be authorized to transact business of the city council. Voting, on the adoption of ordinances, shall be taken by voice vote and the yeas and nays shall be recorded in the journal, but any member of the city council shall have the right to request a roll call vote. The affirmative vote of three councilmen or the mayor and two councilmen shall be required for the adoption of an ordinance, resolution or motion except as otherwise provided in this Charter. Chapter 4 Ordinance Procedure Section 2.40 Action Requiring an Ordinance or Resolution. Except as herein provided, every official action of the city council shall be exercised only by adoption of ordinances and resolutions. (a) Form Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be The mayor and the council of the City of Senoia hereby ordain...... (b) Procedure An ordinance or resolution may be introduced by any member of the city council and read at a regular or special meeting of the city council. Ordinances

Page 3765

and resolutions shall be considered, adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, ordinances, except emergency ordinances, shall not be finally adopted until the next regular meeting of the city council following the meeting of their initial introduction. Upon introduction of any ordinance, the clerk shall distribute a copy to the mayor, to each councilman 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 2.41 Emergency Ordinances. To meet a public emergency affecting life, health, property or public peace, the city council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designed as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three (3) councilmen 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 sixty (60) days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section 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 2.42 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

Page 3766

shall be as prescribed for ordinances generally except that (1) the requirements of Section 2.40(b) for distribution and filing of copies of the ordinance shall be construed to include copies of the 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 2.43. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. Section 2.43 Signing, Authenticating, and Recording; Codification; Printing. (a) Every ordinance and resolution shall be signed by the Mayor after adoption. The clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose, all ordinances and resolutions adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all of the ordinances and resolutions 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 in loose-leaf form, together with all amendments thereto, with this Charter and any amendment thereto, and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Senoia, 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 of the City of Senoia and at all times thereafter, the ordinances and Charter

Page 3767

amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. ARTICLE III ORGANIZATION AND PERSONNEL Section 3.10 Administrative Departments: Creation. The city government of Senoia shall continue as presently organized, unless and until otherwise provided by ordinance. The mayor and council, by ordinance, may establish, abolish, merge, or consolidate offices, positions of employment, departments and agencies of the city, as they shall deem necessary for the proper administration of the affairs and government of the city. The mayor and council shall prescribe the functions and duties of existing or of any departments, offices and agencies hereafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments and agencies of the city. Section 3.11 Administrative Duties of Mayor. The mayor shall be executive head of the city government, and responsible for the efficient and orderly administration of the city's affairs. As the chief executive of the city government, the mayor shall: (a) See that all laws of this state, provisions of this Charter, rules and regulations, ordinances and franchises in the city are faithfully executed; (b) Except as otherwise provided herein, nominate and with the advice and consent of the city council appoint, suspend, and remove all officers, department heads and employees in the administrative service of the city;

Page 3768

(c) Supervise the administration of the affairs of the City of Senoia. (d) Submit to the city council at least once each year a statement of finances and general conditions of the affairs of the city of Senoia and from time to time such other information as the city council may request. (e) Recommend to the city council such measures connected with the affairs of the City of Senoia, the protection and improvement of its government and finances, and promotion of the welfare of its citizens as he shall deem desirable. (f) Call special meetings of the city council as provided for in Article II, Chapter 3, Section 2.31 of this Charter; (g) Examine and inspect all books, records and official papers of any department or agency of the city as he deems necessary; (h) Submit to the city council a recommended annual operating budget and capital improvement budget as provided for in Article V of this Charter; (i) Require any officer, department or agency of the city to submit written reports and information in connection with the business and affairs thereof, as he shall deem necessary; (j) Keep the city council advised on the financial conditions and the future needs of the city; (k) Conduct inquiries and investigations into the conduct of the affairs of any department or agency which he shall deem necessary; (l) Perform such other executive and administrative responsibilities as may be required by law, this Charter, or by ordinance of the city council. Section 3.12 City Attorney. The mayor and council shall appoint a city attorney who shall be responsible for representing

Page 3769

and defending the city in all litigation in which the city is a party. The city attorney shall serve at the pleasure of the mayor and council and shall receive such compensation as it shall determine. The city attorney shall advise the mayor and council and other officials of the city with respect to its affairs; draw all legal documents relating to the affairs of the city; draw proposed ordinances when requested by the mayor and council; inspect and pass on all agreements, contracts, franchises and other instruments with which the city may be concerned; attend all meetings of the city council and perform such other duties as may be required of him by the mayor and council. Section 3.13 City Clerk. Mayor and council shall appoint a city clerk. The city clerk shall be responsible for keeping and preserving the city seal and all records of the city council. He shall attend meetings of the city council and keep a journal of its proceedings at such meetings. He shall maintain and keep in a safe place all records and documents pertaining to the affairs of the city and perform such other duties as may be required by the mayor and city council. Section 3.14 Personnel Policies. The mayor and council may adopt rules and regulations consistent with this Charter concerning: (1) The methods 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 effective. (4) Such other personnel policies, rules and regulations as they deem necessary for the adequate and systematic handling of personnel affairs of the City of Senoia. Section 3.15 Political Activities Prohibited. No officer

Page 3770

or employee of the City of Senoia except the mayor and councilmen shall continue in the employment of the City after becoming a candidate for nomination or election to any city or other public elective office. Section 3.16 Personal Financial Interest. Any city officer or employee who has a financial interest, direct or indirect, or by reason of ownership of stock in any corporation, in any contract with the city or in the sale of any land, material, supplies or services to the city or to a contractor supplying the city shall make known that interest and shall refrain from voting upon or otherwise participating in his capacity as a city officer or employee in the making of such sale or in the making or performance of such contract. Any city officer or employee who willfully conceals such financial interest or willfully violates the requirements of this section shall be upon conviction guilty of malfeasance in office or position and shall forfeit his office or position. Violation of this section with knowledge expressed or implied of the person or corporation, contracting with or making a sale to the city shall render the contract or sale voidable by the mayor and council. ARTICLE IV FINANCIAL AND FISCAL Chapter 1 Taxation Section 4.10 Property Taxes. (a) All property subject to taxation for state or county purposes, shall be subject to a property tax levied by the City of Senoia. The city council by ordinance may elect to use the county assessment for the year in which the city taxes are to be levied, or may provide for an independent city evaluation or assessment as provided by the laws of the State of Georgia. (b) In the event an independent city assessment is made, a board of tax equalization consisting of three freeholders of the city shall be appointed by the city council for such terms and compensation as shall be fixed by ordinance. Said board of tax equalization shall hear appeals of taxpayers

Page 3771

taken within thirty (30) days after the city clerk has sent a notice by ordinary mail, of a new or increased assessment. The city council shall prescribe by ordinance the time and manner of filing such appeals and the payment of cost by appeallant, the duties and powers of the board of tax equalization, and the rules and regulations under which said board shall carry out its responsibilities. (c) The board of tax equalization shall have authority to issue subpoenas, administer oaths, and compel the production of records and documents to the same extent as that authority is now vested in the Superior Court of Coweta County and the authority hereby conferred shall be enforced as simliar authority is enforced by said court. (d) Either the mayor or any councilman or a taxpayer shall have the right to appeal from any judgment rendered by the board of tax equalization to the Superior Court of Coweta County, which said appeal shall be filed in the Superior Court within ten (10) days after the rendition of the judgment of the board of tax equalization, and shall be in the same form and governed by the same rules as govern appeals to the Superior Court from the Court of the Ordinary. (e) Except as otherwise provided by this Charter, the city council shall have the power and authority to prescribe by ordinance the manner and procedure in which ad valorum taxes on real and personal property within the corporate limits of Senoia shall be listed, assessed, and collected. Section 4.11 Tax levy. The city council shall be authorized to levy and ad valorem tax on all real and personal property within the corporate limits of the city, expressed as a fixed millage rate per $100 but not to exceed fifteen (15) mills upon the assessed value of said property for ordinary current expenses and for any other purpose now or hereafter authorized by the Constitution and Laws of the State of Georgia; provided however such tax levy shall be exclusive of a levy by the city council for the payment of principal and interest on bonded indebtedness.

Page 3772

Section 4.12 Tax Due Dates and Tax Bills. The city council shall provide by ordinance when the taxes must be shall fall due and in what length of time said taxes must be paid. The city council shall provide by ordinance for the payment of taxes due to the city in installments, or in one lump sum, and when and how and upon what terms such taxes shall be due and payable, as well as to authorize the payment of taxes prior to the time when due. The terms and methods of payment and collection of city taxes shall be in such manner as the city council may determine by ordinance. Section 4.13 Collection of Delinquent Taxes. The city council may provide by ordinance for the collection of delinquent taxes by fi fa issued by the city clerk and executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from the Superior Court, or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year, which shall be superior to all other liens except that it shall have equal dignity with those of the Federal, State or county taxes. Section 4.14 Transfer of Executions. The city clerk shall be authorized to transfer and assign any fi fa or execution issued for street, sewer or any other assessment in the same manner, upon the same terms, and to the same effect, and thereby vest the purchaser or transferee with the same rights as in cases of sales or transfers of tax fi fas as now provided by law; and all sales of property hereafter made under execution in behalf of the city for the collection of street, sewer and other assessments, the owner or owners, as the case may be, are authorized to redeem same within the same time and on compliance with the same terms and payment of the same premium, interest and costs, as in cases of redemption of property where sold under tax fi fa, as the same now exists, or as may from time to time be provided by law. Section 4.15 Special Assessments. The city council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening, or improving any

Page 3773

public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates, shall thereupon be subject, in addition to fi fa charges, to a penalty of ten percent (10%) and shall thereafter be subject to interest at the rate of seven percent (7%) per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided in this article for city property taxes. Chapter 2 Borrowing Section 4.20 General Obligation Bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this Charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issues by municipalities in effect at the time said issue is undertaken. Section 4.21 Revenue Bonds. Revenue bonds may be issued by the city council as now or hereafter provided by the laws of the State of Georgia. Chapter 3 Accounting and Budgeting Section 4.30 Fiscal Year. The fiscal year of the city government shall begin on the first day of January of each year and shall end on the thirty-first day of December next following. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department or institution, agency and activity of the government, unless otherwise provided by state or federal law. Section 4.31 Preparation of Budgets. The city council shall provide by ordinance the procedures and requirements

Page 3774

for the preparation and execution of an annual operating and a capital improvements budget including requirements as to the scope, content and form of such budgets. Section 4.32 Submission of Budget to City Council. On or before a date fixed by the mayor and council but not later than thirty (30) days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget and such other comments and information as he may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 4.33 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 law or by other provisions of this Chapter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves and revenues, constituting the fund availability of such fund. (b) The city council shall adopt the final operating budget for the ensuing fiscal year not later than the thirty-first day of January of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for current 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. Such adoption shall take the form of an appropriation ordinance setting out the estimated revenues in detail by sources and making appropriations according to

Page 3775

fund and by organizational unit, purposes or activity as set out in the budget document. (c) The amount set out in the adopted operating budget for each organizational unit, purpose of activity shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriation, or allotment thereof, to which it is chargeable. Section 4.34 Property Tax Levies. As the next order of business following adoption of the operating budget, the city council shall levy by ordinance an annual tax on all real and personal property within the City of Senoia. The tax rate set by such ordinance shall be such that reasonable estimate of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the City of Senoia. Section 4.35 Additional Appropriations. The city council may make appropriations in addition to those contained in the current operating budget, at any regular or special meeting called for such purpose, but any such additional appropriation may be made only from an existing unappropriated surplus in the fund to which it applies. Section 4.36 Lapse of Appropriations. All unemcumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made. Section 4.37 Capital Improvements Budget. (a) On or before the date fixed by the city council but not later than thirty (30) days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept

Page 3776

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 threatening the lives, health or property of the inhabitants, when passed by two-thirds vote of the membership of the city council. (b) The city council shall adopt the final capital improvements budget for the ensuing fiscal year not later than the thirty-first day of January of each year. No appropriation provided for in the capital improvements budget shall elapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations thereon. Any such amendments to the capital improvements budget shall become effective only upon adoption by a two-thirds vote of the city council. Article 4 Procurement and Property Management Section 4.40 Contracting Procedures . All contracts shall be made or authorized by the city council, and no contract shall bind the city unless reduced to writing and approved by the city council. All contracts, and all ordinances or resolutions making contracts or authorizing the same, shall be drawn by the city attorney or shall be submitted to him before authorization by the city council. Section 4.41 Centralized Purchasing . The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the City of Senoia. Section 4.42 Sale and Disposition of City Property . (a) The city council may sell and convey any real or personal property owned or held by the City of Senoia for governmental or other purposes, at a public or private sale, with

Page 3777

or without advertisement for such consideration as it shall deem equitable and just for the city. (b) The city council may quit claim 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 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 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 city has in such property, notwithstanding no public sale after advertisement was or is hereafter made. ARTICLE V ELECTION AND REMOVAL OF OFFICERS Chapter 1 RepresentationGeneral Provisions Section 5.10 Regular Elections; Time for Holding . On the first Saturday in December, 1969, and on said date biennially thereafter, there shall be an election for the office of mayor. On the same day and month in 1969, two councilmen shall be elected to serve two years in the order of expiration of terms of those now serving as such and on said date annually thereafter there shall be an election for two councilmen. The terms of office of members of the city council shall begin at the day and hour of taking of oath of office as provided in Article II, Section 2.30 of this Chapter.

Page 3778

Section 5.11 Qualifying; Nomination of Candidates; Absentee Ballots . The city council may, by ordinance, prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write in votes, challenge of votes, conduct of contest elections and such other rules and regulations as may be necessary for the conduct of elections in the City of Senoia. Chapter 2 Conduct of Elections Section 5.20 Applicability of General Laws . Except as otherwise provided by this Chapter, or by ordinance of the city council, the election of all officials of the City of Senoia, where provision is made for election by the qualified voters thereof, shall be conducted as to primary, special or general elections in conformity so far as applicable with the provisions of the Georgia Municipal Election Code and Title 34A of the Code of Georgia of 1933 as now or hereafter amended. Section 5.21 Special Elections; Vacancies . In the event that the office of mayor or of councilman shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such office to be held not less than fifteen (15) nor more than forty-five (45) days from the time such vacancy occurs; provided however, if any such vacancy occurs within twelve months of the expiration of the term of office of the mayor or councilman, said vacancy in office shall be filled by the remaining members of the city council. Both special elections and qualifications of candidates therefor shall conform to the applicable provisions of this Charter and the Georgia Municipal Election Code and Title 34A of the Code of Georgia of 1933 as now or hereafter amended. Chapter 3 Removal of Elective Officers Section 5.30 Grounds for Removal . The mayor or any councilman shall be subject to removal from office for any one or more of the following causes: (a) incompetence, misfeasance or malfeasance in office;

Page 3779

(b) conviction of a crime involving moral turpitude; (c) failure at any time to possess any of the qualifications of office as provided by this Charter or by law; (d) willful violation of any express prohibition of this Charter; (e) abandonment of office or neglect to perform the duties thereof; or (f) failure for any other cause to perform the duties of office as required by this Charter or by law. Section 5.31 Procedure for Removal . Removal of an elected officer from office may be accomplished by one of the following methods: (a) By action of two-thirds vote of the entire membership of the city council. 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 grounds for removal and to a public hearing which shall be held not less than ten (10) days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the superior Court of Coweta County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the court of the ordinary. (b) By an information filed in the superior court of Coweta County as provided by law. ARTICLE VI MAYOR'S COURT Section 6.10 Creation . There is hereby established a court to be known as the Mayor's Court of the City of Senoia which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of

Page 3780

such penalties as may be provided by law; to punish witnesses for non-attendance, and to punish also any person who may counsel or advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the City of Senoia constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the mayor of the City of Senoia. In the absence or disqualification of the mayor, the mayor pro tem shall preside and shall exercise the same powers and duties of the mayor when so acting. Should both the mayor and mayor pro tem become disqualified, then any member of the city council may be designated by the city council to preside with the same powers and duties as the mayor when so acting. Section 6.11 Convening. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. Section 6.12 Jurisdiction; Powers. (a) The mayor's court shall try and punish for crimes against the City of Senoia and for violation of its ordinances. The mayor's court shall have authority to punish those in its presence, or so near thereto as to affect its operation, for contempt, provided that such punishment shall not exceed twenty-five dollars ($25.00) or five (5) days in jail. The mayor's court may fix punishment for offenses within its jurisdiction not exceeding a fine of two hundred dollars ($200) or imprisonment for forty (40) days or both, and as an alternative to fine or imprisonment, to sentence any offender upon conviction to labor in the city work gang or on the streets for a period not exceeding forty (40) days. (b) The mayor's 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 violation of state law.

Page 3781

(c) The mayor's court shall have authority to establish bail and recognizances to insure the presence of those charged with violations and may prescribe the conditions for forfeiture of the same. (d) The mayor's court shall have authority to administer oaths and perform all other acts necessary or proper to the conduct of said court. (e) The mayor's court shall have the authority to bind prisoners over to the appropriate court when it appears that a state law has been violated. (f) The mayor's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena and warrants which may be served as executed by any officer so authorized by this Charter or by state law. (g) The mayor's court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Senoia granted by State laws generally to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances. Section 6.13 Certiorari. Certiorari from the superior court to the mayor's court shall lie in the same manner and under the same procedure as prescribed for certiorari to the various justice courts of the state. Section 6.14 Procedure. All reasonable rules and regulations relative to procedure and to the operation of said mayor's court may be enacted by the city council, provided that such rules and regulations shall be consistent with the provisions set forth in this Charter and in conformance with the Constitutions of the United States and Georgia and all laws of general application thereunder; provided, however, that the city council may adopt in toto or in part the rules and regulations relative to procedure and to the operation of the superior courts under the general laws of the State of Georgia. ARTICLE VII MISCELLANEOUS PROVISIONS Section 7.10 Restrictions on Actions for Damages

Page 3782

Against the City. No action shall be maintained against the city for damages unless a written statement by the claimant or by his agent, attorney or representative, setting forth the basis for his claim, shall have been filed with the mayor within sixty (60) days after such cause of action shall have accrued; except that when the claimant is an infant or non compos mentis, or when an injured person dies within sixty (60) days, the time limit for filing a claim shall be one hundred and twenty (120) days. No officer or employee of the city may waive this requirement. Section 7.11 Official Bonds. The officers and employees of the City of Senoia, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the city council may from time to time require. Section 7.12 Existing Ordinances and Regulations. Existing ordinances and resolutions of the City of Senoia not inconsistent with the provisions of this Charter shall continue in effect until they have been repealed, modified or amended by the city council. Existing rules and regulations of departments or agencies of the City of Senoia not inconsistent with the provisions of this Charter shall continue into effect until they have been repealed, modified or amended. Section 7.13 General Laws May Be used. The city council, in its discretion, may elect to use the provision of any general laws of the State in addition to or instead of the provisions of this Charter. Section 7.14 Section Captions. The captions to the several sections of this Charter are informative only and are not to be considered as a part thereof. Section 7.15 Penalties. The violation of any provision of this Charter, for which penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than two hundred dollars ($200) or by imprisonment not to exceed forty (40) days or both such fine and imprisonment.

Page 3783

Section 7.16 Severability. If any article, section, subsection, paragraph, sentence or part thereof of this Charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this Charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this Charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other. Section 7.17 Specific Repealer. An act incorporating the City of Senoia in the County of Coweta, approved August 21, 1906 (Ga. L. 1906, p. 1040) is hereby repealed in its entirety, and all amendatory acts thereto are likewise repealed in their entirety. Section 7.18 Effective Date. This charter shall be effective on and after July 1, 1969. Section 7.19 Repealer. All laws and parts of laws in conflict with this act are hereby repealed. APPENDIX ONE Boundaries of the City of Senoia, Georgia. The boundaries of the City of Senoia, Georgia shall embrace the territory contained within the limits of three-fourths ([UNK]) of a mile in every direction from the point of intersection of the centerlines of Seavy and Main Streets as said point is presently located in Senoia, in the County of Coweta. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1969 Session of the General Assembly of Georgia a bill creating a new charter for the City of Senoia, and for other purposes. This the 28th day of January 1969. Mayor and Council of the City of Senoia. By: /s/ Wm. F. Roesel

Page 3784

Personally before the undersigned officer duly authorized to administer oaths appeared E. W. Thomason, who on oath deposes and states that he is publisher of the Newnan Times-Herald, the newspaper in which sheriff's advertisements for Coweta County, Georgia are published; that the advertisement Notice of Intention to Introduce Local Legislation, which is hereinafter set forth was duly published in said newspaper on the dates of January 30th, February 6th, and February 13, 1969. /s/ E. W. Thomasson Publisher Sworn to and subscribed before me, this the 18th day of February 1969. /s/ Byron H. Mathews, Jr. Notary Public, Coweta County, Georgia My Commission expires August 4, 1969 (Seal) Approved April 28, 1969.

Page 3785

CITY OF FITZGERALDCHARTER AMENDED. No. 610 (House Bill No. 569). An Act to amend an Act amending and revising the charter for the City of Fitzgerald and entitled, An Act to amend an Act to incorporate the City of Fitzgerald and establishing the new charter therefor, approved August 22, 1907, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An act amending and revising the charter for the City of Fitzgerald and entitled, An Act to amend an Act to incorporate the City of Fitzgerald and establishing the new charter therefor, approved August 22, 1907, and the several Acts amendatory thereof is amended by striking therefrom section 2 in its entirety and inserting in lieu thereof a new section 2 which shall read as follows: Section 2. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that from and after the passage of this Act the inhabitants of the territory embraced in the following territory, to-wit: Beginning at the southwest corner of Five Acre Tract No. 1289 in Land Lot No. 92 in the Third Land District of Ben Hill County, Georgia, and running thence north along the west original line of Five Acre Tract No. 1289 to the northwest corner of Five Acre Tract No. 1289; thence west along the south original line of Five Acre Tract No. 1313 to the west line of Five Acre Tract No. 1313; thence north along the west original line of Five Acre Tracts Nos. 1313 and 1314 to the northwest corner of Five Acre Tract No. 1314 and the south line of Land Lot No. 119 in the Third District; thence west along the south original line of Five Acre Tracts Nos. 402, 403 and 404 to the west line of Five Acre Tract No. 404; thence north along the west original lines of Five Acre Tracts Nos. 404, 415, 432 and 443 to the southeast corner of Five Acre Tract No. 461; thence west along the south original line of Five Acre Tract No. 461 to the southwest corner of Five Acre Tract No. 461; thence south along the

Page 3786

east original line of Five Acre Tract No. 441 to the north right-of-way line of Lincoln Avenue; thence west along the north right-of-way line of Lincoln Avenue to the west original line of Land Lot No. 119 in the Third Land District, and which is also the east original line of Land Lot No. 118 in the Third Land District; thence continuing along the north right-of-way line of Lincoln Avenue west into Land Lot No. 118 a distance of 263 feet to the southeast corner of the lands of Jack Stuart; thence north 1 degree 54 minutes west along the east line of lands of Jack Stuart a distance of 230 feet; thence north 2 degrees 58 minutes west along the east line of lands now or formerly belonging to F. A. Whitman and Mrs. Lois McCord a distance of 976.3 feet to the south right-of-way line of State Highway No. 107; thence running east along the south right-of-way line of State Highway No. 107 to the northeast corner of Five Acre Tract No. 465 in Land Lot No. 119 in the Third Land District; thence running south along the east original line of Five Acre Tract No. 465 to the southeast corner of Five Acre Tract No. 465; thence running east along the south original line of Five Acre Tract No. 464 to the southeast corner of Five Acre Tract No. 464 and continuing east along the south original line of Five Acre Tract No. 463 a distance of 264 feet; thence running north parallel with and 264 feet east of the west original line of said Five Acre Tract No. 463 to the north original line of said Five Acre Tract No. 463; thence east along the north original lines of Five Acre Tracts Nos. 463, 462. 461 and 460 to the northeast corner of Five Acre Tract No. 460; thence north along the East original line of Five Acre Tract No. 471 to a point 260 feet north of the north right-of-way line of State Highway No. 107; thence running south 88 degrees 21 minutes west to the west original line of Five Acre Tract No. 471; thence running south 88 degrees 21 minutes west into Five Acre Tract No. 470 a distance of 140 feet; thence running south 1 degree 48 minutes east to the north right-of-way line of State Highway No. 107; thence running west along the north right-of-way line of State Highway No. 107 to the west line of Five Acre Tract No. 470; thence running north along the west original line of Five Acre Tract No. 470 a distance of 182.7 feet; thence running west along the north boundaries of Lots Nos. 6, 5,

Page 3787

4, 3, 2 and 1 of Cherokee Homes Subdivision to the west original line of Five Acre Tract No. 468; thence running north along the west original line of Five Acre Tract No. 468 to the northwest corner of Five Acre Tract No. 468; thence running east along the north original line of Five Acre Tract No. 468 to the northeast corner of Five Acre Tract No. 468; thence running north along the west original line of Five Acre Tract No. 490 to the northwest corner of Five Acre Tract No. 490 and the south line of Land Lot No. 122 in the Third Land District; thence east along the north original lines of Five Acre Tracts Nos. 490, 489, 488 and 487 to the northeast corner of Five Acre Tract No. 487; thence north along the west original lines of Five Acre Tracts Nos. 501 and 514 to the northwest corner of Five Acre Tract No. 514; thence east along the north original lines of Five Acre Tracts No. 514, 513, 512 and 511 to the northeast corner of Five Acre Tract No. 511; thence north along the west original lines of Five Acre Tracts Nos. 533 and 538 to the northwest corner of Five Acre Tract No. 538; thence east along the north original lines of Five Acre Tracts Nos. 538 and 537 to the northeast corner of Five Acre Tract No. 537; thence east along the south original line of Five Acre Tract No. 563 a distance of 76 feet; thence north into Five Acre Tract No. 563; a distance of 295 feet to an established corner; thence west a distance of 66 feet to an established corner; thence north a distance of 258 feet to an established corner; thence east a distance of 320 feet to the east original line of Five Acre Tract No. 563 and the west original line of Land Lot No. 121 in the Third District; thence south along the east original line of Five Acre Tract No. 563 to the northwest corner of Five Acre Tract No. 832; thence east along the north original line of Five Acre Tract No. 832 to the northeast corner of Five Acre Tract No. 832; thence south along the east original line of Five Acre Tract No. 832 a distance of 253 feet; thence running east on a line parallel to and a distance of 77 feet from the south original line of Five Acre Tract No. 835 to the east original line of Five Acre Tract No. 835; thence south along the east original line of Five Acre Tract No. 835 to the southeast corner of Five Acre Tract No. 835; thence east along the north original lines of Five Acre Tracts Nos. 875 and 876 to the

Page 3788

northeast corner of Five Acre Tract No. 876; thence north along the west original lines of Five Acre Tracts Nos. 917, 916, 915 and 914 to the northwest corner of Five Acre Tract No. 914; thence east along the north original line of Five Acre Tract No. 914 to the northeast corner of Five Acre Tract No. 914; thence south along the east original lines of Five Acre Tracts Nos. 914, 915 and 916 to the southeast corner of Five Acre Tract No. 916; thence east along the north original line of Five Acre Tract No. 920 to the northwest corner of Five Acre Tract No. 959; thence south along the west original line of Five Acre Tract No. 959 a distance of 227 feet; thence running east parallel with and 103 feet north of the south original line of Five Acre Tract No. 959 to the east original line of Five Acre Tract No. 959 and the west original line of Land Lot No. 300 in the Fourth Land District; thence running south along the east original line of Five Acre Tract No. 959 to the northwest corner or Five Acre Tract No. 961; thence east along the north original line of Five Acre Tract No. 961 to the northeast corner of Five Acre Tract No. 961; thence east along the north original line of Five Acre Tract No. 1006 a distance of 330 feet; thence north parallel with and 330 feet east of the west original line of Five Acre Tract No. 1005 to the north original line of Five Acre Tract No. 1005; thence west along the north original line of Five Acre Tract No. 1005 to the northwest corner of Five Acre Tract No. 1005; thence north along the west original lines of Five Acre Tracts Nos. 1004, 1003 and 1002 to the southeast right-of-way line of U. S. Highway No. 129; thence following the southeast right-of-way line of U.S. Highway No. 129 in a northeasterly direction across Five Acre Tracts Nos. 1002, 1001 and 1000 to the original east line of Five Acre Tract No. 1000; thence south along the east original lines of Five Acre Tracts Nos. 1000 and 1001 to the southeast corner of Five Acre Tract No. 1001; thence east along the north original line of Five Acre Tract No. 1001 to the northeast corner of Five Acre Tract No. 1011; thence south along the east original lines of Five Acre Tract No. 1011 to the northeast corner of Five Acre Tract No. 1011; thence south along the east original lines of Five Acre Tracts Nos. 1011, 1010 and 1009 to the southeast corner of Five Acre Tract No. 1009; thence east along the

Page 3789

north original line of Five Acre Tract No. 1042 to the northeast corner of Five Acre Tract No. 1042; thence south along the east original line of Five Acre Tract No. 1042 to the northwest corner of Five Acre Tract No. 1097; thence east along the north original lines of Five Acre Tracts Nos. 1097 and 1098 to the northeast corner of Five Acre Tract No. 1098; thence south along the east original lines of Five Acre Tracts Nos. 1098, 1109, 1111, 1122 and on into Land Lot No. 301 in the Fourth District and along the east original lines of Five Acre Tracts Nos. 1125, 1136, 1139, 1149, 1154 and 1163 to the north right-of-way line of the Fitzgerald-Holt Public Road, (Also known as the Cemetery Road); thence east along the north right-of-way line of said road to the west original line of Land Lot No. 280 in the Fourth District; thence north 1 degree 15 minutes west along said west original line a distance of 1626.9 feet to the south right-of-way line of the Atlantic Coast Line Railroad Company; thence running south 84 degrees 48 minutes east along said Railroad Company's right-of-way line a distance of 1042.2 feet; thence running south 1 degree 18 minutes west 639.4 feet; thence running north 88 degrees 42 minutes west 640 feet; thence running south 1 degree 06 minutes west 1267.0 feet to the fence of Evergreen Cemetery; thence south 83 degrees 33 minutes east along said fence 256 feet; thence along said fence south 2 degrees 30 minutes west 502 feet to the south original line of Land Lot No. 280 in the Fourth District; thence along said fence and Land Lot Line North 89 degrees 44 minutes west 157 feet; thence along said fence into Land Lot No. 279 in the Fourth District South 2 degrees 30 minutes west 472 feet; thence along said fence north 89 degrees 44 minutes west 127 feet; thence south 2 degrees 30 minutes west 442 feet to an iron pipe; thence south 41 degrees 10 minutes west 180 feet to an iron pipe; thence south 14 degrees 30 minutes east 485 feet to a branch; thence in a general southwesterly direction along the run of said branch 15.3 feet to an iron pipe corner; thence in a westerly direction 1162.3 feet to an iron pipe corner on the east right-of-way line of Industrial Drive in Land Lot No. 302; thence along the east right-of-way line of Industrial Drive in a northerly direction to a point in Land Lot No. 301 which said point is 185 feet south of the center

Page 3790

line of the Fitzgerald-Holt Public Road; thence westward on a line parallel with and a distance of 185 feet south of the center line of the Fitzgerald-Holt Public Road to the east original line of Five Acre Tract No. 1168; thence south along the east original line of Five Acre Tract No. 1168 to the southeast corner of Five Acre Tract No. 1168; and continuing on the same course to the south original line of Land Lot No. 301; thence running west along the south original line of Land Lot No. 301 to the southeast corner of Five Acre Tract No. 1172; thence running south into Land Lot No. 302 in the Fourth Land District to the west right-of-way line of the Fitzgerald-Frank Public Road; thence along the west right-of-way line of said Fitzgerald-Frank Public Road to a point on said right-of-way line that is 49.58 feet south-eastwardly from the southwest corner of the first cement bridge on said road; thence south 51 degrees 50 minutes west 738.5 feet to an iron pipe; thence north 86 degrees 30 minutes west 897.8 feet to an iron pipe; thence north 26 degrees 45 minutes east 31.3 feet to an iron pipe; thence north 4 degrees 30 minutes east to the south original line of Land Lot No. 301 in the Fourth District; thence running west along the south boundary of Land Lot No. 301 to a point intersecting the east boundary of Five Acre Tract No. 1176; thence running north along the east boundary of Five Acre Tract No. 1176 to the southeast corner of Five Acre Tract No. 1175; thence west in the Third Land District along the south boundary of Five Acre Tracts Nos. 1175, 1202, 1203 and 1230 to the northeast corner of Five Acre Tract No. 1232; thence south along the east original line of Five Acre Tracts No. 1232 and 1233 to the southeast corner of Five Acre Tract No. 1233; thence north 20 degrees 00 minutes west 344.5 feet to the south original line of Five Acre Tract No. 1232; thence north 39 degrees west 389.4 feet; thence south 87 degrees west 165.4 feet; thence south parallel with and 150 feet east of the east right-of-way line of the Old Fitzgerald-Ocilla Public Road a distance of 80 feet; thence west parallel with and 95 feet south of the north original line of Five Acre Tract No. 1232 to the west original line of Five Acre Tract No. 1232; thence north along the West original line of Five Acre Tract No. 1232 to the northwest corner of Five Acre Tract No. 1232;

Page 3791

thence west along the south boundary of Five Acre Tract No. 1258 to the southwest corner of Five Acre Tract No. 1258; thence south along the east original line of Five Acre Tract No. 1259 to the southeast corner of Five Acre Acre Tract No. 1259; thence running west along the south original line of Five Acre Tract No. 1259 into Land Lot No. 92 in the Third District, and continuing along the south original line of Five Acre Tract No. 1259 to the southwest corner of said Five Acre Tract No. 1259; thence along the south original line of Five Acre Tract No. 1286 a distance of 264 feet; thence running south on a line parallel with the west line of Five Acre Tract No. 1285 a distance of 330 feet to the south line of Five Acre Tract No. 1285; thence running west along the south line of Five Acre Tract No. 1285 to the southwest corner of Five Acre Tract No. 1285; thence running south along the east line of Five Acre Tract No. 1289 to the southeast corner of said five Acre tract No. 1289; thence running west along the south line of Five Acre Tract No. 1289 to the southwest corner of said Five Acre Tract No. 1289 and to the point of beginning; all of which said Five Acre Tracts are a part of the survey of the American Tribune Soldier's Colony Company, platted and now of record in the office of the Clerk of the Superior Court of Irwin County, Georgia, and being portions of Land Lots Nos. 91, 92, 119, 121 and 122 in the Third Land District of Ben Hill County, Georgia, and portions of Land Lots Nos. 300, 301, 302, 280 and 279, in the Fourth Land District of Ben Hill County, Georgia, and all of Land Lot No. 120 in the Third Land District of Ben Hill County, Georgia; there is excluded from the territory embraced in the above-described territory of the City of Fitzgerald, Ben Hill County, Georgia, all of Five Acre Tracts Nos. 430, 431, 445 and 446 in Land Lot No. 119 in the Third Land District of Ben Hill County, Georgia, and said Five Acre Tracts and the land embraced within said Five Acre Tracts are not within the city limits of the City of Fitzgerald, Georgia; the said inhabitants are hereby continued under the name and style of `City of Fitzgerald', and the said city is hereby chartered and incorporated under the name and style of `City of Fitzgerald', and by that name shall have perpetual succession, and is hereby vested with all the rights, powers,

Page 3792

titles, property, easements and hereditaments within or without its corporate limits, now belonging to the City of Fitzgerald, incorporated by an Act approved August 22, 1907, and the Amendments thereto, and shall be and is hereby vested in the said City of Fitzgerald, as continued under this Act. And the said City of Fitzgerald, may, be its corporate name, sue and be sued, contract and be contracted with, plead and be impleaded, and have and use a common seal, make and enact through its mayor and council such ordinances and by-laws, rules, resolutions and regulations for the transaction of its business and the welfare and proper government of said city and its people as to said mayor and council may seem best, and which shall be consistent with the provisions of this charter, the Laws of this State and of the United States, and that the said City of Fitzgerald shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for a term of years any property, estate or estates, real or personal, tenements and hereditaments of whatever kinds, and within or without the limits of said city for corporate purposes. Said City of Fitzgerald shall succeed to all rights, and is hereby made responsible as a body corporate for all of the legal debts, liabilities and undertakings of the City of Fitzgerald, and its Mayor and Aldermen as a body corporate, heretofore incorporated by an Act approved August 22, 1907. Corporate limits. Section 2. Be it further enacted by the authority aforesaid that section 4 of the existing charter of the City of Fitzgerald as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be, and it is hereby, amended by striking from the fourth sentence of said section 4 the figures $1800.00, and inserting in lieu thereof the words and figures twenty-four hundred ($2400.00) dollars, so that the fourth sentence of said section 4 shall read as follows: The mayor shall be paid a salary of twenty-four hundred ($2,400.00) dollars per year, to be paid monthly, and shall receive no other fee, nor perquisites in connection with his office. Mayor's salary. Section 3. Be it further enacted by the authority aforesaid that section 9 of the existing charter of the City of

Page 3793

Fitzgerald, approved August 17, 1914, and all Acts amendatory thereof, be, and it is hereby amended by striking from the third sentence of said section 9 the figures, $600.00, and inserting in lieu thereof the words and figures, nine hundred ($900.00) dollars, so that the third sentence of said section 9 shall read as follows: All of said aldermen shall be elected by the qualified voters of the City at large, and the said aldermen shall receive for their services nine hundred ($900.00) dollars, per year, to be paid monthly. Alderman's salary. Section 4. Be it further enacted by the authority aforesaid that section 43 of the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be, and it is hereby, amended by adding to said section a new paragraph to be designated section 43-A, and to read as follows: Be it further enacted by the authority aforesaid that the mayor and council of said city be authorized to designate some person as deputy chief of police and to be hired for such time as the mayor and council may desire and to be paid such salary as may be fixed by the mayor and council, and that said deputy chief of police shall have concurrent powers with the chief of police in and to all things as set forth in the preceding paragraph, and that said deputy chief of police shall give bond in the same amount as the chief of police with security to be approved by the mayor and council for the faithful discharge of all the duties of his office; that said deputy chief of police shall have no other powers than as set forth in the above preceding paragraph. Deputy chief of police. Section 5. Be it further enacted by the authority aforesaid that section 47 of the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be, and it is hereby, amended by striking from the sixth sentence of said section 47 the figures $1200.00 and inserting in lieu thereof the words and figures, fifteen hundred ($1500.00) dollars, so that said sixth sentence of said section 47 as amended shall read as follows: The city attorney shall receive a salary of fifteen hundred ($1500.00) dollars per annum, and such fees as may be agreed upon by the council for special

Page 3794

services and for representing the city in litigation in which it is involved. Salary of city attorney. Section 6. Be it further enacted by the authority aforesaid that section 56 of the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be, and it is hereby, amended by striking from the sixth sentence of said section 56, the words and figures, six hundred ($600.00) dollars, and inserting in lieu thereof the words and figures, nine hundred ($900.00) dollars, so that said sixth sentence of said section 56 shall read as follows: Said bond commissioners shall give bond in such amount as may be fixed by the mayor and council, and shall be paid the sum of nine hundred dollars ($900.00) per annum, the same to be paid monthly. Bond commissioners. Section 7. Be it further enacted by the Authority aforesaid, that if any section or portion of this Act be declared unconstitutional or void, the remaining sections or portions thereof shall not be affected thereby and may section modified or amended by such portion of this Act so declared unconstitutional shall be and remain in full force and effect. Severability. Section 8. Be it further enacted by the Authority aforesaid that all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Notice of Intention to Apply for Local Leglislation In conformity and compliance of provisions of Article III, Section VII, Paragraph XV of the Constitution of Georgia, and which is codified as section 2-1915 of the Code of Georgia Annotated of 1933, notice is hereby given that there will be introduced in the General Assembly of the State of Georgia at its regular session convening in January, 1969, a local or special bill affecting the City of Fitzgerald, the title or caption of which reads as follows: An Act to amend an act amending and revising the charter for the City of Fitzgerald and Entitled, `An Act to amend an act to incorporate the City of Fitzgerald and establishing a new charter therefor, approved August 22,

Page 3795

1907, and the several Acts amendatory thereof,' and for other purposes. This 17th day of December, 1968. A. B. C. Dorminy, Jr. and Ted Hudson Representatives for District 48 State of Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. B. C. Dorminy, Jr. who, on oath, deposes and says that he is Representative from the 48th District, and that the attached copy of notice of intention to introduce local Legislation was published in The Fitzgerald Herald which is the official organ of Ben Hill County, on the following dates: December 26, 1968 and January 2 and February 20, 1969. /s/ A. B. C. Dorminy Representative, 48th District Sworn to and subscribed before me this 21st day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large My Commission expires Jan. 9, 1971. (Seal). Approved April 28, 1969. DeKALB COUNTYPUBLICATION OF QUARTERLY AUDITS. No. 612 (House Bill No. 574). An Act to amend an Act creating a chairman and board of county commissioners of DeKalb County, approved March

Page 3796

8, 1956 (Ga. L. 1956, p. 3237), as amended, so as to require the publication of audits on a quarterly basis; to authorize the commission to publish additional information; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a chairman and board of county commissioners of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, is hereby amended by striking section 22 in its entirety and inserting in lieu thereof a new section 22 to read as follows: Section 22. Audits; publication. The commission shall on or before January 31st annually employ a certified public accountant for the making of an annual continuous audit of county finances and financial records. The accountant so employed shall be paid out of county funds, and shall perform a complete audit of the financial records of the county for the ensuing year, pointing out any irregularities found to exist, and reporting the results of such audit to the commission at least quarterly. Each quarterly and annual report shall be filed with the Department of Finance and be made available to public inspection as other records in such office. Said accountant shall transmit to the grand jury of the Superior Court of DeKalb County a copy of each quarterly and annual report furnished by him to the commission. The commission shall cause to be published in the official organ of DeKalb County and posted at the courthouse door a statement of the financial condition of the county as of March 31st, June 30th, September 30th, and December 31st of each year. The commission may publish such other information concerning the financial condition of the county at the same time the statement of the financial condition of the county is published as they may deem necessary or desirable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, DeKalb County.

Page 3797

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969, Session of the General Assembly of Georgia a bill to amend an Act creating a chairman and board of county commissioners of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, so as to provide that the clerk of the board of county commissioners shall publish a statement of all receipts and disbursements of DeKalb County during January and July of each year; to provide for certain requirements relating to the publication of said statements; and for other purposes. This 16th day of January, 1969. Walt Davis Personally appeared before the undersigned officer authorized by law to administer oaths, Britt Fayssoux, who, being duly sworn, deposes and states on oath that he is general manager of the New Era Publishing Company, Inc., a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the New Era Publishing Company, Inc. is the publisher of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the county of DeKalb, and further avers that legal notice, a true copy of which is hereto attached, notice of intention to introduce local legislation was duly published once a week for 3 weeks as required by law, the dates of publication being January 23, January 30 and February 6, 1969. Britt Fayssoux Sworn to and subscribed before me this 7 day of February, 1969. /s/ Carol E. Wheeler Notary Public, Georgia, State at Large My Commission expires Feb. 21, 1971. (Seal) Approved April 28, 1969.

Page 3798

THE CITY OF MOULTRIECOLQUITT COUNTY AIR PORT AUTHORITY ACT AMENDED. No. 613 (House Bill No. 586). An Act to amend an Act establishing the Colquitt County Airport Authority, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess. p. 3035), so as to change the name of said Authority; to change the provisions relating to the selection and appointment of members of said Authority; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Colquitt County Airport Authority, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess.p. 3035), is hereby amended by striking section 1 in its entirety and substituting in lieu thereof a new section 1 to read as follows: Section 1. There is hereby created and established in and for the City of Moultrie and Colquitt County an Airport Authority which shall be known as `The City of Moultrie-Colquitt County Airport Authority' which shall be a public body corporate and politic having jurisdiction within the territorial limits of Colquitt County and shall consist of a board of nine members. The word `Authority' as hereinafter used shall be deemed to mean The City of Moultrie-Colquitt County Airport Authority. Created. Section 2. Said Act is further amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. (a) The nine members of said Authority shall be appointed by the governing authority of the City of Moultrie as follows: three members shall be appointed for initial terms of one year; three members shall be appointed for initial terms of two years; and three members shall be appointed for initial terms of three years. Thereafter, the governing authority of the City of Moultrie shall appoint

Page 3799

successors of the initial members at the time of the expiration of their respective terms for terms of three years until their successors are appointed and qualified. Any vacancies occurring in the membership of said Authority, for any reason, shall be filled by the governing authority of the City of Moultrie for the unexpired term. All members of said Authority shall be eligible for reappointment by the governing authority of the City of Moultrie. All members of the Authority shall be residents of Colquitt County and shall elect one of their number as chairman and another as vice-chairman and shall also elect a secretary and treasurer who need not be a member of said Authority. The members shall receive no compensation for their services but shall be reimbursed for the actual expenses incurred by them in the performance of their duties. Members. (b) The Authority shall make rules and regulations for its government and may delegate to one or more of its members or its officers, agents and employees such powers and duties as may be deemed necessary and proper. Said Authority shall have perpetual existence. Said Authority shall be the successor to the Colquitt County Airport Authority heretofore created and shall succeed to all the rights, obligations, powers and duties of said Colquitt County Airport Authority. Rules. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given of intention to apply at the 1969 Regular Session of the General Assembly of Georgia for passage of a local Bill to amend that Act creating the Colquitt County Airport Authority (Ga. L. 1953, p. 3035-3039), to provide for a change in the manner of selection and appointment of members of the Authority, their residence requirements, term of office, method of filling vacancies and to provide the right of eminent domain, in said Authority. Georgia, Fulton County. Personally appeared before me, the undersigned authority,

Page 3800

duly authorized to administer oaths, Dorsey R. Matthews who, on oath, deposes and says that he is Representative from the 63rd District, and that the attached copy of notice of intention to introduce local legislation was published in the Weekly Moultrie Observer which is the official organ of Colquitt County, on the following dates: January 31 and February 7, 14, 1969. Dorsey R. Matthews Representative, 63rd District Sworn to and subscribed before me this 20th day of February, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal) Approved April 28, 1969. ACT CREATING SMALL CLAIMS COURTS IN CERTAIN COUNTIES AMENDED (9,977-10,140). No. 614 (House Bill No. 592). An Act to amend an Act creating a Small Claims Court in each county having a population of not less than 9,977 and not more than 10,140, according to the official United States Decennial Census of 1960 or any future such census, approved March 21, 1968 (Ga. L. 1968, p. 2386), so as to change the fees and costs in connection with said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Small Claims Court in each county having a population of not less than 9,977 and not more than 10,140, according to the official United States

Page 3801

Decennial Census of 1960 or any future such census, approved March 21, 1968 (Ga. L. 1968, p. 2386), is hereby amended by striking from Section 8 the following: seven dollars and fifty cents ($7.50), and by striking the figure $7.50 as it appears in two places and inserting in lieu thereof in all the aforesaid three places the figure $8.50, so that when so amended, section 8 shall read as follows: Section 8. (a) The plaintiff, when he files his claim, shall deposit with the court the sum of $8.50, which shall cover all costs of the proceeding except of service of the notice, and the deposit of cost in cases of attachment, garnishment or trover shall be $8.50. If a party shall fail to pay accrued cost, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court cost, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. Costs. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levy officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court, and the judge shall be entitled to $8.50 for every such claim case. The same practice and procedure shall apply in cases of illegal affidavits. All attachment proceedings shall also be tried by the judge and without a jury. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969.

Page 3802

CITY OF HAWKINSVILLECHARTER AMENDED. No. 618 (House Bill No. 664). An Act to amend an Act creating a new charter for the City of Hawkinsville, approved December 18, 1902 (Ga. L. 1902, p. 446), as amended, so as to provide that certain officers and employees who sell property in excess of $100.00 to said city must do so as a result of competitive bidding; to increase the number of city commissioners; to provide for the election of the city commissioners, their term of office and all other matters related thereto; to provide a qualifying fee; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Hawkinsville, approved December 18, 1902 (Ga. L. 1902, p. 446), as amended, is hereby amended by adding a new section to be designated as section 65A, to read as follows: 65A. Any city commissioner, officer or employee of the city who is an officer, agent or member of, or interested in the pecuniary profits or contracts of any corporation, joint stock company, or association or of any firm, partnership, sole proprietorship or other business entity, and is entitled to receive compensation from the city in his official capacity or for his official duties, shall not for himself or in behalf of any of the aforesaid business entities sell any goods, wares or merchandise, personal property or other chattels to the city in excess of $100.00 unless sold as a result of bona fide competitive bidding. Any contract or sale in violation of this section is null and void. Sale of city property. Section 2. Said Act is further amended by striking section 1 of an amendatory Act, approved July 27, 1923 (Ga. L. 1923, p. 671), in its entirety and inserting in lieu thereof a new section 1, to read as follows: Section 1. That in lieu of the mayor and councilmen of the said City of Hawkinsville there is hereby created and

Page 3803

established a commission of five citizens, who shall be known as the board of Commissioners of the City of Hawkinsville. Said commissioners are hereby given all rights, powers and authority heretofore vested in the mayor and councilmen of the City of Hawkinsville except as otherwise provided herein, and the commission is further given the full power and authority to ratify the election and employment of all police and other officers, and agents and employees of said City of Hawkinsville, together with the right to fix the term of office and employment, to prescribe the duties, to name the compensation, to ratify the discharge from service in their discussion of any officer, employee or agent of said City of Hawkinsville, or to discharge such officer, employee or agent as provided in section 8 sub-section J of this Act, and to designate the office and employment by such name as the commission deems expedient, except as in this Act otherwise provided. City commission. Section 3. Said Act is further amended by striking section 3 of said amendatory Act in its entirety and inserting in lieu thereof a new section 3, to read as follows: Section 3. (a) For the purpose of electing commissioners, there shall be five commission posts which shall be numbered consecutively as Commission Post 1 through Commission Post 5. Any person desiring to run for city commissioner shall designate the commission post for which he is offering. All commissioners shall be elected by a majority of the qualified electors voting in the elections held for that purpose as hereinafter provided. At the annual city election held in 1969, commissioners from Commission Posts 1, 2 and 3 shall be elected. The commissioners elected to Commission Posts 1 and 2 shall be elected for terms of three years and shall take office on the first day of January following their election. The commissioner elected to Commission Post 3 shall be elected for a term of four years and shall take office on the first day of January following his election. The commissioners from Posts 4 and 5 shall be elected in the annual city election held in 1970 and 1971, respectively, for terms of three years and shall take office on the first day of January following their election. Thereafter, successors who are elected to the commissioners as

Page 3804

provided herein shall be elected at the annual city election which is conducted in that year in which the respective terms of office shall expire and they shall take office on the first day of January following their election and shall serve for terms of three years and until their successors are elected and qualified. Commission posts, etc. (b) Any qualified person seeking election as a city commissioner in any regular city election shall file a notice of his intention to be a candidate with the clerk of the Board of Commissioners within the time prescribed by law. At the time of filing such notice with the clerk, candidates for city commissioner shall pay a qualifying fee of $100.00 to said clerk who shall issue his receipt therefor and deposit said fees into the funds of the City of Hawkinsville. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given that I will introduce in the 1969 session of the General Assembly of Georgia, legislation to amend the charter of the City of Hawkinsville. To provide for the changing of the city commission of the City of Hawkinsville from three (3) members to five (5) members. To provide for their election at the next regular city election and for other purposes pertaining thereto. John H. Anderson, Jr. State Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable John H. Anderson, Jr. who, on oath, deposes and says that he is Representative from the 49th District, and that the attached copy of notice of intention to introduce local legislation was published in the Hawkinsville Dispatch and News which is the official organ of Pulaski County, on the following dates: January 1st, 8th, and 15th, 1969. /s/ John H. Anderson, Jr. Representative, 49th District

Page 3805

Sworn to and subscribed before me this 12th day of February, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal) Approved April 28, 1969. CORONERSCOMPENSATION IN CERTAIN COUNTIES (8,250-8,350). No. 619 (House Bill No. 679). An Act to provide for the compensation of the coroners of all counties with populations of not less than 8,250 and not more than 8,350, according to the 1960 Federal Decennial Census or any future such census; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The coroners of all counties with populations of not less than 8,250 and not more than 8,350 according to the 1960 Federal Decennial Census or any future such census shall receive as their full compensation, in lieu of all fees, the sum of $50.00 per month. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969.

Page 3806

CITY OF CORDELENEW CHARTER, REFERENDUM. No. 623 (House Bill No. 748) An Act to reincorporate the City of Cordele in the County of Crisp; to create a new charter for said city; to provide its corporate limits; to provide for the government of said city; to provide for the officials thereof; to provide for their powers and duties; to provide for their terms of office; to provide for the organization and administration of said city; to provide for finance and fiscal matters; to provide for municipal services and regulatory functions; to provide for elections; to provide for a criminal court; to provide for election of first officials; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: CHAPTER 1 INCORPORATION AND POWERS Article 1 Incorporation and Powers Section 1.10Incorporation. The City of Cordele, Georgia, in the County of Crisp, and the inhabitants thereof shall continue to be a body politic and corporate under the name and style of the City of Cordele, Georgia. Under the name said city shall continue to be vested with all of the property and rights of property which now belong to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of the same; may

Page 3807

have a common seal and alter and renew the same at will; and may exercise in conformity with this charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever. Section 1.11City Boundaries. The boundaries of the City of Cordele are hereinafter described as follows: Starting at the land lot corner common to Land Lots 217, 218, 199, and 200 in the 10th District of Crisp County, said point being marked by an iron pipe in the pavement at 24th Avenue, on the West side of 15th Street, said iron pipe being the point of beginning; (1) Thence, N 00 03[UNK] W a distance of 4788 () feet along the lot line of Lots 217 and 200, then farther along lot lines between Lots 216 and 201 to a point where the said land lot line intersects with the South right of way of an alley between 11th Avenue and 12th Avenue; (2) Thence, South 88 22[UNK] W a distance of 952 feet along the South side of said alley to a point marked by an iron pipe stake; (3) Thence, N 01 38[UNK] W a distance of 1629 feet to the North right of way of 7th Avenue; (4) Thence, N 88 22[UNK] E a distance of 1000.7 feet along the North right of way of 7th Avenue to the land lot line between Land Lots 216 and 202; (5) Thence, N 00 03[UNK] W a distance of 568 () feet along said land lot line to the Southeast bank of Gum Creek; (6) Thence, in a Northeasterly direction along the East bank of Gum Creek, a meandering line, a distance of 2600 () feet to a point on the East bank of said Creek; (7) Thence, N 88 22[UNK] E a distance of 2485 () feet along a straight line, being the centerline of Peachtree Avenue to the West right of way of Georgia, Southern and

Page 3808

Florida Railroad, said point being marked by a concrete marker; (8) Thence, S 01 38[UNK] E a distance of 727 feet along the West right of way of said Railroad to the intersection of the North right of way of First Avenue, (58[UNK] R/W); (9) Thence, N 88 22[UNK] E a distance of 1194 feet along a straight line of the North right of way of 1st Avenue to the West right of way of 6th Street (60[UNK] R/W), said point being marked by an iron pipe stake; (10) Thence, N 01 38[UNK] W a distance of 380 feet to the North right of way of Oak Avenue (60[UNK] R/W), said point being marked by an iron pipe stake; (11) Thence, N 88 22[UNK] E a distance of 486 feet along a straight line of the North right of way of Oak Avenue to the West right of way of 5th Street (60[UNK] R/W), said point being marked by an iron pipe stake; (12) Thence, N 01 38[UNK] W a distance of 380 feet to the North right of way of Oakland Avenue, said point being marked by a concrete marker; (13) Thence, N 88 22[UNK] E a distance of 540 feet along the North right of way of said Oakland Avenue to the East right of way of 4th Street (60[UNK] R/W), said point being marked by a concrete marker; (14) Thence, S 01 38[UNK] E a distance of 730 feet along the East right of way of said 4th Street to the North right of way of 1st Avenue, said point being marked by an iron pipe stake; (15) Thence, N 88 22[UNK] E a distance of 401 feet along the North right of way of said 1st Avenue (58[UNK] R/W), to the West right of way of 3rd Street (60[UNK] R/W), said point being marked by an iron pipe stake; (16) Thence, N 01 38[UNK] W a distance of 445 feet along

Page 3809

the West right of way of said 3rd Street to a point marked by an iron pipe stake; (17) Thence, N 88 22[UNK] E a distance of 170 feet to a point being marked by an iron pipe stake, also being on the West lot line of Lot 4, Block 407; (18) Thence, S 01 38[UNK] E a distance of 275 feet along a straight line of said Lot 4, and across Oak Avenue (50[UNK] R/W) and along and between Lots 1, 2, 3, and 5 in Block 406 to the North right of way of an alley (20[UNK]), between Oak Avenue and 1st Avenue Oak Alley, said point being marked by an iron pipe stake; (19) Thence, N 88 22[UNK] E a distance of 200 feet along the North side of Oak Alley (20[UNK] R/W) to a point marked by an iron pipe stake, said point being also the corner of Lots 7 and 10, Block 406; (20) Thence, S 01 38[UNK] E a distance of 170 feet across the Alley and between Lots 11, 13, and 14, Block 406, and along a straight line to the North right of way of 1st Avenue (58[UNK] R/W), said point being marked by an iron pipe; (21) Thence, N 88 22[UNK] E a distance of 233 feet along the North right of way of 1st Avenue to the West right of way of 2nd Street (60[UNK] R/W), to a point marked by an iron pipe stake; (22) Thence, N 00 01[UNK] W a distance of 540 feet along the West right of way of 2nd Street (60[UNK] R/W) to the North right of way of an Alley (20[UNK]), also being at a point 200 feet North of the centerline of Oak Avenue, said point being marked by an iron pipe stake; (23) Thence, N 88 22[UNK] E a distance of 735.6 feet along said Alley North right of way line to a point marked by a concrete marker; (23A) Thence, S 00 04[UNK] W a distance of 265 feet to

Page 3810

the North right of way of Starr Place (60[UNK] R/W), to a point marked by a concrete marker; (24) Thence, S 51 27[UNK] E a distance of 600 feet along the North right of way of Starr Place to the intersection of the land lot line between Land Lots 246 on North and 247 on the South, said point being marked by an iron pipe stake; (25) Thence, N 89 30[UNK] E a distance of 340 feet along said land lot line to a point marked by a concrete marker; (26) Thence, S 00 05[UNK] W a distance of 512 feet along a straight line to a point marked by a concrete marker, said point on the North right of way of a 20 Foot Alley (2 Alley); (27) Thence, N 88 22[UNK] E a distance of 1586 feet along the North right of way of said 2 Alley, to the East right of way of Pecan Street (60[UNK] R/W), said point being marked by an iron pipe stake, said point also being 30 feet East of the Land District Line between the 10th and 11th District; (28) Thence, S 00 37[UNK] W a distance of 1922 feet along the East right of way of Pecan Street to the North right of way of State Route 257, (100[UNK] R/W), (8th Avenue), said point being marked by an iron pipe stake; (29) Thence, No 74 08[UNK] E a distance of 10.4 feet along the North right of way of State Route 257 to a point marked by a concrete marker; (30) Thence, S 00 37[UNK] W a distance of 1416 feet along the East right of way of Pecan Street (80[UNK] R/W) to the intersection of the South right of way of Seaboard Coastline (SCL), Seaboard Air Line (SAL) Railroad, said point being marked by an iron pipe stake; (31) Thence, N 85 29[UNK] W a distance of 1079 feet along the South right of way (200[UNK] R/W) of SCL RR (SAL RR) to a point, being marked by an iron pipe stake;

Page 3811

(32) Thence, S 00 37[UNK] W a distance of 631 feet to the North right of way of SCL RR (Atlantic Coastline Railroad) (100[UNK] R/W), said point being marked by an iron pipe stake; (33) Thence, S 76 11[UNK] E a distance of 1066.2 feet along the North right of way of said SCL RR to the intersection of the land district line between Land Districts 10 and 11, said point being marked by an iron pipe stake; (34) Thence, S 00 37[UNK] W a distance of 660 feet along the said land district line to the intersection of the South right of way of 15th Avenue (60[UNK] R/W); (35) Thence, S 88 22[UNK] W a distance of 1025 feet along the South right of way of 15th Avenue to a point marked by an iron pipe stake; (36) Thence, S 00 37[UNK] W a distance of 620 feet to the North right of way of 16 Alley, said point being marked by an iron pipe stake; (37) Thence, S 85 38[UNK] E a distance of 14.8 feet along the North side of said 16 Alley to a point marked by an iron pipe stake, said point being on the lot corner of Lots 4, and 5, Block 454; (38) Thence, S 89 26[UNK] E a distance of 251 feet along 16 Alley to the intersection of the East right of way of Fleming Road (56[UNK] R/W), said point being marked by an iron pipe stake; (39) Thence, S 00 08[UNK] W a distance of 160 feet along the East right of way of Fleming Road to the intersection of the South right of way of 17th Avenue (58[UNK] R/W), said point being marked by an iron pipe stake; (40) Thence, S 88 22[UNK] W a distance of 156 feet along the South right of way of 17th Avenue to a point, being marked by an iron pipe stake;

Page 3812

(41) Thence, S 00 08[UNK] W a distance of 161 feet to the North right of way of 17 Alley to a point; (42) Thence, N 88 22[UNK] E a distance of 306 feet along the North right of way of 17 Alley to a point marked by an iron pipe stake; (43) Thence, S 00 08[UNK] W a distance of 228 feet along a line between Lots 28 and 29, Block 644 in Greenview Park Subdivision, and across 18th Avenue (58[UNK] R/W) to the intersection of the South right of way to a point; (44) Thence, S 88 22[UNK] W a distance of 414 feet along the South right of way of 18th Avenue to a point; (45) Thence, S 00 08[UNK] W a distance of 161 feet to a point, being the North right of way of 18 Alley; (46) Thence, N 88 22[UNK] E a distance of 1007 feet along the North right of way of 18 Alley, to the intersection of the East right of way of Pecan Street, said point being marked by an iron pipe stake; (47) Thence, S 00 37[UNK] W a distance of 174.3 feet along the East right of way of Pecan Street, to the intersection of the North right of way of 19th Avenue, said point being marked by an iron pipe stake; (48) Thence, N 88 22[UNK] E a distance of 256.6 feet along the North right of way of 19th Avenue to a point; (49) Thence, S 01 00[UNK] W a distance of 216.6 feet along a straight line across 19th Avenue and along a lot line between Lots 5 and 6, Block 5 (Blandvilla Resubdivision), to the intersection of said line with the South right of way of 19 Alley, to a point;

Page 3813

(50) Thence, S 88 22[UNK] W a distance of 465.8 feet along the South right of way of 19 Alley, to a point marked by an iron pipe stake, said point being the corner of Lots 34 and 35 of Block (B) 646 of Bland Subdivision; (51) Thence, S 00 37[UNK] W a distance of 127.4 feet to a point marked by an iron pipe stake, also being the North right of way of 20th Avenue; (52) Thence, N 88 22[UNK] E a distance of 190 feet along the North right of way of 20th Avenue to a point of intersection, of the East right of way of Pecan Street; (53) Thence, S 00 37[UNK] W a distance of 969 feet along the East right of way of Pecan Street to a point; (54) Thence, N 89 20[UNK] W a distance of 212 feet along a line to a point marked by a concrete marker; (55) Thence, N 00 08[UNK] E a distance of 150 feet to a point marked by a concrete marker, and at the intersection of the South right of way of 22nd Avenue, (60[UNK] R/W); (56) Thence, S 88 22[UNK] W a distance of 362 feet along the South right of way of 22nd Avenue to a point marked by a concrete marker; (57) Thence, S 00 08[UNK] W a distance of 136 feet to a point marked by a concrete marker; (58) Thence, N 89 20[UNK] W a distance of 150 feet along a line to a point of intersection of the East right of way of Fleming Road (60[UNK] R/W), said point marked by a concrete marker; (59) Thence, S 00 08[UNK] W a distance of 773 feet along a straight line to the intersection of the East right of way of Fleming Road and the North right of way of 24th Avenue for a point; (60) Thence, N 89 46[UNK] E a distance of 131 feet along

Page 3814

the North right of way of 24th Avenue to a point marked by an iron pipe stake; (61) Thence, S 00 52[UNK] E a distance of 964 feet along a line to the intersection of the North right of way of 26 Alley (20[UNK] R/W), to a point marked by an iron pipe stake; (62) Thence, N 89 41[UNK] E a distance of 555 feet along the North right of way of 26 Alley to the intersection of West right of way of Pecan Street; (63) Thence, N 00 19[UNK] W a distance of 517 feet along the West right of way of Pecan Street to a point, marked by an iron pipe stake; (64) Thence, S 89 41[UNK] W a distance of 419 feet along a line to a point marked by a concrete marker; (65) Thence, N 00 19[UNK] W a distance of 100 feet along a line to a point marked by an iron pipe stake; (66) Thence, N 89 41[UNK] E a distance of 419 feet along a line to a point marked by an iron pipe stake; (67) Thence, N 00 19[UNK] W a distance of 295 feet along the West right of way of Pecan Street, to the intersection of the South right of way of 24th Avenue to a point; (68) Thence, S 89 46[UNK] W a distance of 10 feet along a line on the South right of way of 24th Avenue to a point; (69) Thence, N 00 19[UNK] W a distance of 633 feet along the West right of way of Pecan Street to the intersection of the North right of way of Edgewood Drive, to a point marked by an iron pipe stake; (70) Thence, N 89 30[UNK] E a distance of 52.5 feet to a point marked by a concrete marker, said point being the Southwest corner of Lot 1, Block A, as shown on a plat of the Survey of Edgewood Park Subdivision; (71) Thence, N 89 30[UNK] E a distance of 517 feet farther

Page 3815

along a straight line along the North right of way of Edgewood Drive, said point being marked by a concrete marker; (72) Thence, Left or Northeasterly 53.13 feet along a 73[UNK] radius of said right of way to a point; (73) Thence, Right around a 30.24 feet radius, a distance of 96.8 feet, of said right of way to a point, said point being marked by an iron pipe stake, said point also being the Southwest lot corner of Lot 10, Block A, of Edgewood Park Subdivision; (74) Thence, N 89 30[UNK] E a distance of 145.7 feet along said South Lot Line of Lot 10, Block A to a point marked by an iron pipe stake; (75) Thence, N 00 30[UNK] W a distance of 195 feet to a point being marked by an iron pipe stake, said point being the Northeast corner of Lot 9, Block A and NE corner of said subdivision; (76) Thence, N 89 51[UNK] E a distance of 132 feet along a line to a point marked by an iron pipe stake; (77) Thence, N 00 09[UNK] W a distance of 1036 feet along a line to a point marked by a concrete marker, said stake being at the intersection of the North right of way of 20th Avenue and the Northwest corner of Highland Heights Subdivision and the Southwest corner of Highland Terrace Subdivision; (78) Thence, S 66 19[UNK] E a distance of 642 feet along the North right of way of 20th Avenue and the South property line of Highland Terrace Subdivision to a point marked by an iron pipe stake; (79) Thence, S 88 58[UNK] E a distance of 160 feet along a line of the North right of way of 20th Avenue to a point; (80) Thence, S 00 13[UNK] E a distance of 48.0 feet to a concrete marker, marking the Northeast corner of Highland Heights Subdivision;

Page 3816

(81) Thence, S 00 13[UNK] E a distance of 1436 feet farther along a straight line of the East property line of said subdivision, to a point of intersection of the North right of way of 24th Avenue, said point marked by an iron pipe stake; (82) Thence, N 89 45[UNK] E a distance of 1280.6 feet along the North right of way of 24th Avenue to the intersection of West right of way of Greer Street, said point marked by an iron pipe stake, also the centerline of Greer Street being a land lot line between Land Lots 10 and 23 in the 11th District, said Greer Street, having a (60[UNK] R/W); (83) Thence, N 00 19[UNK] W a distance of 2613 feet along the West right of way of Greer Street, to a point marked by an iron pipe stake, said point being 430 feet North of the centerline of State Route 30 and 90, (US 280, 16th Avenue) at 90 to the said centerline; (84) Thence, S 78 13[UNK] E a distance of 2666 feet along a straight line to a point marked by an iron pipe stake, said point being 430 feet North of the centerline of SR 30 90 measured at 90 to the said centerline, also said point being 450 feet West of the centerline of the Midway Road measured at 90 to said centerline; (85) Thence, N 00 57[UNK] E a distance of 2106 feet along a line parallel to the centerline of Midway Road and 450 feet West thereof to a point of intersection of the North right of way of 13th Avenue (80[UNK] R/W), said point being marked by an iron pipe stake; (86) Thence, S 84 46[UNK] E a distance of 401 feet along the North right of way of 13th Avenue (80[UNK] R/W) to the intersection of the West right of way of Midway Road (100[UNK] R/W), said point being marked by an iron pipe stake; (87) Thence, N 00 57[UNK] E a distance of 205.1 feet along the West right of way of Midway Road, to the intersection of the land lot line between Land Lots 24 and 25 in the 11th District, said point marked by an iron pipe stake;

Page 3817

(88) Thence, S 89 25[UNK] E a distance of 50.0 feet to the centerline of Midway Road, said point being marked by a 9[UNK] spike in the pavement, said spike marking the corner of Land Lots 24, 25, 40, and 41 in the 11th Land District, Crisp County, Georgia; (89) Thence, S 89 25[UNK] E a distance of 1458 feet along the land lot line between Land Lots 40 and 41, to a point marked by an iron pipe stake, said point being on West Property Line of the Industrial Park; (90) Thence, N 02 15[UNK] E a distance of 306.8 feet along a line to the centerline of the SCL RR (SAL RR) to a point; (91) Thence, N 02 02[UNK] E a distance of 630 feet along a line to a point marked by an iron pipe stake, said point being the Southeast corner of Farmville Manufacturing Company, Inc.; (92) Thence, N 87 50[UNK] W a distance of 361.3 feet to a point marked by an iron pipe stake; (93) Thence, N 01 43[UNK] E a distance of 484.0 feet to the intersection of the North right of way of 9th Avenue (100[UNK] R/W) to a point; (94) Thence, S 89 39[UNK] E a distance of 1110.3 feet along the North right of way of 9th Avenue, to the intersection of the East right of way of Harris Street (100[UNK] R/W) to a point; (95) Thence, S 02 02[UNK] W a distance of 50.0 feet along the East right of way of Harris Street, to a point marked by an iron pipe stake, being on the property line between the Industrial Park and C. C. Greer; (96) Thence, S 89 39[UNK] E a distance of 750 feet along a straight line to a point marked by an iron pipe stake, said point being the Northeast corner of the Industrial Park and on the land lot line between Land Lots 40 and 57;

Page 3818

(97) Thence, S 00 11[UNK] W a distance of 2949 feet along said land lot line to the Southeast corner of the Industrial Park, to a point marked by an iron pipe stake, said point being on the land lot line between Land Lots 41 and 56 in the 11th Land District; (98) Thence, S 88 11[UNK] W a distance of 2152 feet along the South Property Line of the Industrial Park, to a point marked by an iron pipe stake; (99) Thence, S 00 05[UNK] W a distance of 564 feet along a line to a point marked by an iron pipe stake, said point being 50.0 feet North of the centerline of the SCL RR (ACL RR), and the Southeast corner of the Industrial Park; (100) Thence, N 75 10[UNK] W a distance of 743 feet along the North right of way line of the SCL RR to the intersection of the East right of way of Midway Road (100[UNK] R/W), to a point marked by an iron pipe stake; (101) Thence, S 00 57[UNK] W a distance of 952 feet along the East right of way of Midway Road to the intersection of the North right of way of State Route 30 and 90 (US 280), to a point marked by a concrete R/W marker; (102) Thence, S 78 06[UNK] E a distance of 16.5 feet to a point marked by a concrete R/W marker; (103) Thence, S 00 57[UNK] W a distance of 1970 feet along the East right of way of State Route 90 (130[UNK] R/W), to a point marked by a concrete marker, said point being 350 feet South of the centerline of 24th Avenue; (104) Thence, S 89 45[UNK] W a distance of 3133 feet along a straight line 350[UNK] South of the centerline of 24th Avenue, to the intersection of the East right of way of Greer Street (80[UNK] R/W), said point being marked by an iron pipe stake; (105) Thence, S 00 19[UNK] E a distance of 920 feet along the East right of way of Greer Street to the intersection of the South right of way at Osburn Avenue (60[UNK] R/W), said point being marked by an iron pipe stake;

Page 3819

(106) Thence, N 89 48[UNK] W a distance of 2954 along the South right of way of Osburn Avenue (60[UNK] R/W), to the intersection of the East right of way of Pecan Street, said point being marked by an iron pipe stake, and also being 30 feet East of the Land District line; (107) Thence, S 00 26[UNK]W a distance of 643.2 feet along the East right of way of Pecan Street to a point of intersection of the South right of way of 24th Avenue (60[UNK] R/W), said point being marked by an iron pipe stake; (108) Thence, N 88 43[UNK] W a distance of 1513 feet along the South right of way of 29th Avenue to a point marked by an iron pipe stake; (109) Thence, N 01 23[UNK] E a distance of 380 feet along a straight line to the intersection of the South right of way of 28th Avenue (60[UNK] R/W), said point being marked by an iron pipe stake; (110) Thence, N 88 43[UNK] W a distance of 785.5 feet along the South right of way of 28th Avenue (60[UNK] R/W), to the intersection of the East right of way of 1st Street, said point being marked by an iron pipe stake; (111) Thence, S 00 44[UNK] W a distance of 20.0 feet along the East right of way of 1st Street to a point marked by an iron pipe stake; (112) Thence, N 88 43[UNK] W a distance of 1078 feet farther along the South right of way of 28th Avenue (60[UNK] R/W), to the intersection of the West right of way of Offenburg Road (25[UNK] R/W), said point being marked by an iron pipe stake; (113) Thence, N 69 45[UNK] W a distance of 625.6 feet along the West right of way of Offenburg Road, to the intersection of the South right of way of 26 Alley, said point being marked by an iron pipe stake; (114) Thence, N 88 43[UNK] W a distance of 84.4 feet along the South side of 26 Alley to a point marked by an iron pipe stake;

Page 3820

(115) Thence, S 01 00[UNK] E a distance of 150.1 feet along a lot line between Lots 27 and 28 in Block 633, to a point marked by an iron pipe stake; (116) Thence, N 88 43[UNK] W a distance of 100 feet along the North right of way of 27th Avenue, to a point marked by an iron pipe stake; (117) Thence, N 01 00[UNK] W a distance of 150.1 feet along a lot line between Lots 29 and 30, Block 633 to the South side of 26 1/2 Alley, said point being marked by an iron pipe stake; (118) Thence, N 88 43[UNK] W a distance of 564 feet long a straight line to the centerline of the GS F RR to a point; (119) Thence, N 17 12[UNK] W a distance of 22.05 feet along the centerline of the said railroad to a point; (120) Thence, S 89 02[UNK] W a distance of 419 feet along a straight line to the East right of way of 6th Street, said point being marked by a concrete marker; (121) Thence, S 00 58[UNK] E a distance of 300.5 feet along the East right of way of 6th Street to the intersection of the South right of way of 27th Avenue, said point being marked by a concrete marker; (122) Thence, N 89 13[UNK] W a distance of 450 feet along the South right of way of 27th Avenue (50[UNK] R/W), to the intersection of the East right of way of 7th Street, (60[UNK] R/W), State Route E, (US 41), said point being marked by a concrete marker; (123) Thence, S 00 58[UNK] E a distance of 267.3 feet along the East right of way of 7th Street to a point marked by a concrete marker; (124) Thence, N 88 55[UNK] W a distance of 268.4 feet along a straight line to a point of intersection of 8th Street, said point being marked by an iron pipe stake;

Page 3821

(125) Thence, N 02 26[UNK] W a distance of 567.3 feet along the West right of way of 8th Street to a point, marked by an iron pipe stake; (126) Thence, S 89 02[UNK] W a distance of 872 feet along a straight line to the intersection with the East right of way of 10th Street, said point being marked by a concrete marker; (127) Thence, N 00 58[UNK] W a distance of 934 feet along the East right of way of 10th Street, to the intersects with the South right of way of 24th Avenue, said point being marked by a concrete marker; (128) Thence, N 89 07[UNK] W a distance of 520 feet along the South right of way of new 24th Avenue (60[UNK] R/W), to the intersection of the centerline of 11th Street, (SR 7W, US 41 Truck Route) to a point; (129) Thence, N 87 05[UNK] W a distance of 923 feet along the South right of way of 24th Avenue to a point, being the point of a curve to the left; (130) Thence, Westerly a distance 842 feet along the South right of way of 24th Avenue, to a point, being the point of tangent; (131) Thence, S 87 52[UNK] W a distance of 122 feet along the South right of way of 24th Avenue to a point, being marked by a concrete marker; (132) Thence, S 00 58[UNK] E a distance of 185 feet along line to a point, being marked by an iron pipe stake; (133) Thence, N 89 11[UNK] W a distance of 299 feet along a line to a point marked by an iron pipe stake, said point being of the land lot line between Land Lots 199 and 218; (134) Thence, S 02 22[UNK] W a distance of 499 feet along the land lot line between Land Lots 199 and 218, to a point marked by a concrete marker, said marker being the Southeast corner of the School Property;

Page 3822

(135) Thence, N 89 53[UNK] W a distance of 1044.8 feet along the South Property line of the school to a point marked by a concrete marker; (136) Thence, N 01 27[UNK] E a distance of 712.9 feet along the West Property line of the school, to the intersection of the North right of way of 24th Avenue (60[UNK] R/W), to a point marked by a concrete marker; (137) Thence, Easterly a distance of 913 feet along the curved North right of way of 24th Avenue to a point; (138) Thence, N 87 52[UNK] E a distance of 134 feet along the North right of way of 24th Avenue, to a point marked by an iron pipe stake, said point being on the land lot line between Land Lots 200 and 217; (139) Thence, S 00 03[UNK] E a distance of 32.48 feet along said lot line to the Southeast corner of Land Lot 200, said point being marked by an iron pipe stake and being the point of beginning. Article 2, Powers of the City. Section 1.20Corporate Powers. The government of the City of Cordele is hereby vested with all powers which municipal corporations are now, or may hereafter be, authorized or required to exercise under the Constitution and laws of the State of Georgia; with all powers which the City of Cordele was heretofore authorized to exercise on the effective date of this Charter under any general or local law, or both, of the General Assembly of Georgia, or under any general or local constitutional provision or amendment, or both, of the State of Georgia. In addition thereto, the government of the City of Cordele, Georgia, shall 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, morals, and general welfare of the government of the city and its inhabitants, and all implied powers necessary to carry into execution all powers granted as fully completely as if such powers were fully enumerated herein.

Page 3823

Section 1.21Exercise of Powers. All powers, functions, rights, privileges and immunities of the city, its officers, agencies or employees shall be carried into execution as provided by this Charter. If this Charter makes no provision, such powers, functions, rights, privileges and immunities shall be carried into execution as provided by ordinance of the City Commission and as provided by the pertinent laws of the State of Georgia. Section 1.22Ordinances. All ordinances, by-laws, rules and regulations now in force in the City, not inconsistent with this Charter, are hereby declared valid and of force until amended or repealed by the City Commission. CHAPTER 2 CITY COMMISSION Article 1, General Provisions. Section 2.10Composition and Election. The legislative authority of the government of the City of Cordele shall be vested in a City Commission of five commissioners, who shall be elected in the manner provided by Chapter 6, of this Charter. Section 2.11Terms and Qualifications of Office. The members of the City Commission shall serve for terms of five (5) years and until their successors are elected and qualified. No person shall be qualified or eligible to seek election as a city commissioner unless he shall have resided in the city one year immediately preceding his election, and shall be registered and qualified to vote in municipal election for offices of the City of Cordele, and twenty-one years of age. Section 2.12General Power and Authority of City Commission. (a) Except as otherwise provided by law or this Charter, the City Commission shall be vested with all the powers of government of the City of Cordele as granted in Chapter 2, Article 2.

Page 3824

(b) In addition to other powers conferred upon it by law, the City Commission shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this Charter, the Constitution and general 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, morals, prosperity and well-being of the inhabitants of the City of Cordele and may enforce such ordinances by imposing penalties for violations thereof. (c) The City Commission may by ordinance create, change, alter, abolish and consolidate offices, agencies, and departments and may assign additional functions to any of the offices, agencies and departments expressly provided for by this Charter. Section 2.13Vacancy in Elected Offices . The offices of city commissioners shall become vacant upon incumbent's death, resignation, removal from office in any manner authorized by law, or forfeiture of his office, or when he ceases to reside within the corporate limits of the City of Cordele. A vacancy in the office of city commissioner shall be filled for the remainder of the unexpired term, if any, as provided for in Chapter 6. Section 2.14Initial Election of City Commissioners . The Chairman and members of the Cordele City Commission in office on the date of adoption of this Act shall serve out the term for which they were elected. Section 2.15Vacancy on City Commission . Any vacancy which occurs on the City Commission for any cause shall be filled by the remaining members of the Commission and the member so selected shall serve only until the next regular election at which time, in addition to the commissioner whose term will have expired, an additional commissioner shall be elected to fill the unexpired term, if any.

Page 3825

Section 2.16Organizational Meeting . On the first Monday in January 1970, the five commissioners, duly elected, shall elect a chairman and vice-chairman and thereafter the chairman as presiding officer shall attend his duties. Article 2, Chairman of City Commission. Section 2.17Powers and Duties . (a) The Chairman of the City Commission shall be the official spokesman for the City and the Chief advocate of policy. He shall preside at meetings of the commission, shall sign ordinances and resolutions on their final passage, shall sign deeds, bonds, contracts, and other instruments or documents authorized to be executed on behalf of the city. The Chairman shall perform such other duties imposed by this Charter or by ordinance not inconsistent therewith. Section 2.18Vice Chairman . During the absence or disability of the Chairman of the City Commission for any cause, the Vice Chairman, or in his absence or disability for any reason, any one of the city commissioners chosen by the commission shall be clothed with all the rights and privileges of the Chairman of the City Commission and shall perform the duties of the office of the Chairman so long as such absence or disability shall continue. A vacancy in the office of a city commissioner shall be filled for the remainder of his unexpired term, if any, as provided in Chapter 2. Section 2.19Compensation; Expenses . Each city commissioner shall receive as compensation for his services an amount fixed annually by ordinance of the commission. In addition thereto, a commissioner may be reimbursed for actual and necessary expenses incurred in the performance of his official duties as provided by ordinance of the commission, and shall be entitled to participate in such group insurance benefits as are accorded regular city employees. Section 2.20Oath of Office . Each newly elected or appointed commissioner, before entering upon the duties of his office, shall take and subscribe in writing before the

Page 3826

city clerk or before some judicial officer, the following oath: I do solemnly swear that I will well and truly demean myself and perform the duties of City Commissioner of the City of Cordele, Georgia, and will conduct the affairs of the City to the best of my skill and ability in the best interest and welfare of the City, without fear, favor, or affection, and that I will uphold the Constitution of the United States and the State of Georgia; so help me God. whereupon the same shall be recorded in the minutes of the commission. Section 2.21Prohibitions . (Holding Other Office) Except as authorized by law, no member of the city commission shall hold any other city office or city employment during the term for which he was elected, and no former commission shall hold any compensated city office or city employment until one year after the expiration of the term for which he held office. (b) Voting When Personally Interested . No member of the City Commission shall vote upon any question in which he is personally interested. Section 2.22Forfeiture of Office . Any member of the City Commission forfeits his office if he: (1) lacks at any time during his term of office any qualifications for the office as prescribed by the Charter or by law; (2) violates any expressed prohibition of this Charter; or (3) is convicted of a crime involving moral turpitude. Section 2.23Judge of Qualifications . The members of the City Commission shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their offices and for that purpose shall have the power to subpoena witnesses, administer oaths and require production of evidence. A member charged with conduct constituting grounds for forfeiture of his office shall be entitled to a public hearing on demand and notice of such

Page 3827

hearing shall be published in a newspaper having general circulation in the city at least one week in advance of the hearing. Decisions made by the City Commission under this section shall be subject to the review of the courts. Section 2.24Inquiries and Investigations . The City Commission may make inquiries and investigations into the affairs of the city and conduct of any department, office or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the City Commission shall be punished by ordinance. Article 3, Organization and Procedures. Section 2.30Organizational Meeting . The City Commission shall meet for organization at the first regular meeting in January following each regular election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members. Following the induction of members the Chairman and members of the City Commission by majority vote of all the members thereof shall elect one of their number to be Chairman, and one to be vice Chairman, who shall serve for a term of one year. Section 2.31Regular and Special Meetings . (a) The City Commission shall hold regular meetings at least twice in every month at such times and places as prescribed by ordinance. The Commission may recess any regular meeting and continue such meeting on any weekday or hour they may fix. They may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the Commission may be held on call of the Chairman or shall be held when requested in writing of three members of the Commission and, except in case of emergency, upon no less than twenty-four hours notice to each member. Notice of any special meeting may be waived in writing and attendance at the meeting shall be a waiver of notice of any special meeting.

Page 3828

(c) All regular meetings of the City Commission shall be open to the public; provided however, they may recess at any time for the purpose of discussion in a session limited to their own members upon any matter which the City Commission should consider for the best interests of the city to discuss in executive session. Section 2.32Quorum; Voting. The Chairman or Vice Chairman and two commission members shall constitute a quorum for the transaction of all city business. The Chairman or the Vice-Chairman, if he is presiding, shall be entitled to vote only in case of a tie. A majority of the votes cast shall determine all questions except as otherwise provided in this Charter. Voting, except for procedural motions, shall be by voice and the ayes and nays shall be recorded in the journal, but any member of the Commission shall have the right to request a roll call vote. Article 4, Ordinance Procedure. Section 2.40Action Requiring an Ordinance. Except as herein provided every legislative act of the City Commission shall be exercised only by ordinance. (a) Form Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be The City Commission of the City of Cordele hereby ordain... (b) Procedure Except as otherwise provided by this Charter, each ordinance shall be introduced and read at a regular meeting of the City Commission. The ordinance shall not be adopted until the next regular meeting of the City Commission following the meeting of its initial introduction, but said ordinance may be amended, corrected or revised prior to adoption. Upon introduction of any ordinance, the city clerk shall distribute a copy to the Chairman and each commission member, to the city manager, the city clerk, and elsewhere as the Commission may designate.

Page 3829

(c) Submission of Ordinance to Chairman of the Commission Every ordinance. Every ordinance shall after adoption but before it takes effect, be tendered to the chairman within five (5) days for his approval. The Chairman shall sign the ordinance if he approves it, whereupon it shall become effective. If he disapproves it, he shall return it to the commission with the reasons for his disapproval at or prior to the next regular meeting of the commission. If the commission shall pass the ordinance by a vote of at least three commissioners at a regular or special meeting within seven days after the ordinance has been returned with the disapproval of the Chairman, it shall become effective without his approval. If the Chairman does not return the ordinance or resolution of the commission within the time herein required, the same shall become effective without his approval. Section 2.41Emergency Ordinances. To meet public emergency affecting life, health, property, or public peace, the City Commission may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew, or extend, a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three (3) commissioners shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance except one made pursuant to Chapter 4, shall automatically stand repealed seventy (70) 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

Page 3830

manner specified in this section for adoption of emergency ordinances. Section 2.42Codes of Technical Regulations. The City Commission may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of section 2.40 (b) for distribution and filing of copies of the ordinance shall be construed to include copies of the 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 2.43. Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price. Section 2.43Authentication and Recording; Codification; Printing. (a) The city clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose, all ordinances adopted by the City Commission. (b) Within three years after the adoption of this charter, and at least every ten years thereafter, the City Commission shall provide for the preparation of a general codification of all city ordinances having the force and effect of law. The general codification shall be adopted by the City Commission with this Charter and any amendment thereto, and such codes of technical regulations and other rules and regulations as the City Commission may specify. This compilation shall be known and cited officially as The Code of the City of Cordele. Copies of the code shall be furnished to all officers, departments, and agencies of the city and placed in the public library for free public reference and made available for purchase by the public at a reasonable price as fixed by the City Commission.

Page 3831

(c) The City Commission shall cause each ordinance, having the force and effect of law and each amendment to this Charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be distributed or sold to the public at a reasonable price to be fixed by the City Commission. Following publication of the first Code of the City of Cordele and at all times thereafter, the ordinances and charter amendments shall be printed substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The City Commission shall take 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. CHAPTER 3 ORGANIZATION AND ADMINISTRATION. Article 1, General. Section 3.10Administrative Departments; Creation. The City Commission by ordinance shall establish such city departments, offices or agencies in addition to those created by this Charter as they shall deem necessary to administer the affairs and government of the city. They shall prescribe the functions and duties of any such departments, offices and agencies created, except that no function assigned by this Charter to a particular department, office or agency may be discontinued or, unless this Charter specifically so provides, assigned to any other. Section 3.11Consolidation, Transfer and Merger of Departments and Functions. Except as otherwise provided herein by section 3.10 of this Charter, the City Commission may by ordinance abolish, merge or consolidate offices, positions of employment, departments, and agencies of the city; 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.

Page 3832

Article 2, City Manager. Section 3.20Appointment: Compensation . The City Commission shall appoint for an indefinite term an officer whose title shall be city manager and who shall be the head of the administrative branch of the city government. The city manager shall be chosen by the City Commission on the basis of his qualifications as such with special reference to his actual experience in, and knowledge of, the duties of the office as hereinafter prescribed. At the time of his appointment he need not be a resident of the city, but he shall reside therein during his tenure of office. The city manager shall serve at the pleasure of the City Commission and shall receive such salary as the Commission may fix. Section 3.21Acting City Manager . By letter filed with the city clerk, the city manager shall designate subject to approval of the City Commission, a qualified city administrative officer to execute the powers and perform the duties of the city manager during his temporary absence or disability. Section 3.22Chief Administrator . The city manager shall be responsible to the City Commission for the proper administration of all affairs of the city. As chief administrator, the city manager shall have the power to appoint and remove all officers, department heads, and employees in the administrative service of the city, except the city attorney who shall be appointed as provided for in Article 3 hereof. The city manager shall report to the City Commission every appointment and removal of a department head at the next commission meeting following the appointment or removal. It shall be the duty of the city manager to supervise the administration of the affairs of the city; to see that the ordinances, resolutions, and regulations of the City Commission and the laws of the State are faithfully executed and enforced; to make such recommendations to the City Commission concerning the affairs of the city as he shall deem expedient; to keep the City Commission advised of the financial condition and future financial needs of the city; to attend all meetings of the City Commission

Page 3833

and to prepare and to submit to the City Commission such reports as he may deem expedient or as may be required of him by the City Commission. He shall perform such other functions as assigned by the City Commission, provided however, his remuneration shall not exceed the amount of salary fixed in Section 3.20. Article 3, City Attorney. Section 3.30Appointment; Qualifications; Term; Compensation . The City Commission shall appoint a city attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law in the city for at least one year. The city attorney shall serve at the pleasure of the City Commission and shall receive such compensation as they shall determine. Section 3.31Duties of the City Attorney . It shall be the duty of the city attorney to serve as legal advisor to the City Commission, city manager, and other city officials with respect to the affairs of the city; to draw proposed ordinances when requested to do so; to inspect and pass on the legality and form of all agreements, contracts, franchises and other instruments with which the city may be concerned; to attend meetings of the City Commission; and to perform such other duties as may be required of him by virtue of his position as city attorney. Article 4, Administrative Officers. Section 3.40City Clerk . The city manager shall appoint an officer who shall perform the duties of the city clerk and who shall keep a journal of the proceedings of the City Commission and maintain a safe place for all records and documents pertaining to the affairs of the city, and to perform such other duties as may be required by law or as the city manager may direct, including but not limited to the office of City Treasurer. Section 3.41Tax Collector . The city manager may appoint a tax collector to collect all taxes, licenses, fees and other monies belonging to the city, subject to the provisions

Page 3834

of this Charter and ordinances of the city, and the tax collector shall diligently comply with and enforce all ordinances of the City of Cordele and applicable laws of Georgia relating to the collection and sale, foreclosure of taxes. Article 5, Personnel Administration. Section 3.50Position Classification and Pay Plans. The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the City Commission for approval. Said plans may apply to all employees of the City of Cordele and to any of its agencies and offices. When a pay plan has been adopted, the City Commission shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. Section 3.51Personnel Policies. The City Commission 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 the position classification and pay plan; (3) hours of work; vacation, sick leave, and other leave of absence, overtime pay, retirement, and the manner in which layoff shall be effected; and (4) such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of Cordele. CHAPTER 4 FINANCE AND FISCAL. Article 1, Taxation. Section 4.10Property Taxes. All property subject to taxation for State or county purposes, assessed as of January 1 in each year shall be subject to the property tax levied by the City. The City Commission by ordinance may elect to use the values established by the county assessors or may provide for an independent city assessment as provided by Georgia law.

Page 3835

Section 4.11Listing, Assessing and Collection of Taxes. (a) The City Commission shall have the authority to prescribe by ordinance the manner in which ad valorem taxes on real and personal property within the corporate limits of the City of Cordele shall be listed, assessed and collected. (b) There shall be a Board of Tax Assessors for the City of Cordele which shall consist of three persons who shall be elected by the City Commission in the manner and at the time fixed by law for the election of all other officers chosen by said commission. (c) There shall be a Board of Tax Appeals for the City of Cordele which shall consist of three persons, none of which shall be members of the Board of Tax Assessors, who shall be elected by the City Commission in the manner and at the time fixed for the election of all other officers chosen by said commission. Said board shall hear appeals from any person dissatisfied with the action of the board of tax assessors as to the preparation or revision of any tax return. The City Commission shall prescribe by ordinance the time and manner of filing such appeals and the payment of costs by appellant, the duties and powers of the board of tax appeals, and the rules and regulations under which said board shall carry out its responsibilities. It shall have the power to issue subpoenas, administer oaths, and compel the production of records to the same extent as that authority is now vested in the Superior Court of Crisp County, and the authority hereby conferred shall be enforced as similar authority is enforced by said court. (d) The board of tax appeals shall render a judgment in writing on the issue presented by such appeal, which judgment shall be rendered within one week of the time said appeal was tried. In the event there is a disagreement among the members of the board of tax appeals, the decision of two members of the board shall constitute a judgment of the board. The judgment shall be filed immediately with the city clerk who shall immediately mail a copy thereof to the property owner by certified United States mail with return receipt requested.

Page 3836

(e) Either the City Commission or the taxpayer shall have the right to appeal from any judgment rendered by the board of tax appeals to the Superior Court of Crisp County, which appeal shall be filed in the Superior Court within twenty (20) days after the rendition of the judgment of the board of tax appeals, shall be in the same form, and shall be governed by the same rules as govern appeals to the Superior Courts from the Court of Ordinary. Section 4.12Tax Levy. The City Commission shall be authorized to levy an ad valorem tax not to exceed fifteen mills on the assessed valuation of all real and personal property situated within the corporate limits of the City of Cordele for the purpose of raising revenue to pay the cost of ordinary current operating expenses; for the retirement of principal and interest on outstanding commitments, except school bonds, and for any other purpose now or hereafter authorized by the Constitution and Laws of the State of Georgia; and in addition, two mills to be used exclusively for the payment of principal and interest on outstanding school bonds. Section 4.13Tax Due Dates and Tax Bills. The City Commission shall provide by ordinance when the taxes of the city shall fall due and in what length of time said taxes shall be paid. The City Commission may provide by ordinance for the payment of taxes due the city in installments, or in one lump sum, and when and how and upon what terms such taxes shall be due and payable, as well as to authorize the payment of taxes prior to the time when due. The terms and methods of payment and collection of city taxes shall be in such manner as the City Commission may determine by ordinance. Section 4.14Collections of Delinquent Taxes. The City Commission may provide by ordinance for the collection of delinquent taxes by distress warrants issued by the Chairman of the City Commission for the sale of goods and chattels to be executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from a justice of the peace, or

Page 3837

by the city attorney acting in accordance with general laws providing for the collection of delinquent city or county taxes, or by any of the foregoing methods, and by the use of any available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment of the first day of January of each year, which shall be superior to all other liens except that it shall have equal dignity with those of Federal, State or county taxes. Section 4.15Licenses and Occupational Taxes. The City Commission by ordinance shall have full power to levy such license and specific or occupational taxes upon the residents of the City of Cordele, both individual and corporate, and on all those who transact or offer to practice any profession or calling therein, as the City Commission may deem expedient for the public health, safety, benefit, convenience, or advantage of the city; to classify business, occupations, professions or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; and to make laws and regulations necessary or proper to carry out the powers herein conferred, and to prescribe penalties for the violation thereof. Section 4.16Sewer Service Charges. The City Commission shall have the right, power and authority to assess and collect fees, charges and tolls for sewer services rendered both within and without the corporate limits of the City of Cordele to provide for the cost and expense of providing for the collection and disposal of sewage through sewerage facilities of said city. If unpaid, said sewer charge shall constitute a lien against any property or persons served, which lien shall be second in priority only to liens for city and county property taxes and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 4.17Sanitary, Garbage and Health Service Charge. The City Commission shall have authority by ordinance

Page 3838

to provide for, to enforce, to levy and to collect the cost of sanitary, garbage and health services necessary in the operation of the city, from all individuals, firms and corporations residing in or doing business in said city benefiting from such service. Such authority shall include the power to assess, levy and collect annual or monthly sanitary taxes and fees in such amount or amounts, and based upon and in accordance with such classifications or property and or sanitary service or services provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed, and the owner or owners thereof, superior to all other liens except for county and city property taxes, and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 4.18Special Assessments. The City Commission shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening, draining, or improving any public way, sewers, or utility mains and appurtances, against the abutting property owners, and to provide a method of payment of such assessments and penalties for nonpayment, under such terms and conditions as may be prescribed by ordinance. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided herein or by ordinance for city property taxes. Article 2, Borrowing. Section 4.20General Obligation Bonds. The City Commission shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under the Charter and the Constitution and laws of the State of Georgia. Such bonding authority shall be exercised in accordance with the laws governing bond issues by municipalities in effect at the time said issue is undertaken.

Page 3839

Section 4.21Revenue Bonds. Revenue bonds may be issued by the City Commission as now or hereafter provided by the laws of the State of Georgia. Article 3, Accounting and Budgeting. Section 4.30Fiscal Year. The fiscal year of the city government shall begin on the first day of July of each year and shall end on the thirtieth day of June next following. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department or institution, agency and activity of the government of the city unless otherwise provided by State and Federal law. Section 4.31Preparation of Budgets. The City Commission shall provide by ordinance the procedures and requirements for the preparation and execution of an annual operating and a capital improvement budget. Section 4.32Scope of Annual Operating Budget. (a) The annual operating budget shall contain with respect to each of the operating funds of the government of the City of Cordele to which they are applicable: (1) An estimate of the unencumbered fund balance or deficit at the beginning of the ensuing fiscal year, and the amount of any reserve for designated purposes of activities includable in the operating budget. (2) A reasonable estimate of revenues to be received during the ensuing year, classified according to source; provided, however, the estimated revenues from current and from delinquent property taxes shall not exceed the percentage collected of the total receivable from each such source during the last completed fiscal year, or the current fiscal year whichever is greater. (3) Proposed expenditures detailed by each department, board, commission, office, agency, and activity in accordance with an established classification of accounts, including

Page 3840

those capital outlays which are to be financed from the revenues of the ensuing year, and including all debt service requirements in full for such fiscal year payable from such fund. (4) Work programs and performance data in justification of proposed expenditures for each department, board, commission, office or agency. (5) Such other information as may be considered necessary or desirable or requested by the City Commission. (b) In no event shall the total proposed expenditures from any fund exceed the total anticipated revenues plus the estimated unappropriated surplus, or fund balance, and applicable reserves and less any estimated deficit at the end of the current fiscal year. Section 4.33Submission of Budget to the City Commission. On or before a date fixed by the City Commission but not later than sixty (60) days prior to the beginning of each fiscal year, the city manager shall submit to the City Commission a proposed budget for the ensuing year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget and such other comments and information as he may deem pertinent. A sufficient number of copies of the city manager's message shall be reproduced to furnish a copy to any person desiring one, and a copy of the budget in full shall be filed with the Commission and furnished to each member. A summary of the budget shall be published in a newspaper having general circulation within the city. The operating budget and the capital improvements budget hereinafter provided for, the budget message and all supporting schedules shall be filed in the office of the City Clerk and shall be open for public inspection. Section 4.34Action by the City Commission on Budget. (a) The City Commission may amend the operating budget

Page 3841

proposed by the city manager; except, that the budget as finally amended and adopted must provide for all expenditures required by law or by other provisions of this Charter for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance reserves and revenues, constituting the fund availability of such fund. (b) The City Commission shall adopt the final operating budget for the ensuing year not later than the 15th day of June of each year. If the City Commission fails to adopt the budget by this date, the amounts appropriated for current 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 Commission adopt a budget for the ensuing fiscal year. Such adoption shall take the form of an appropriation ordinance setting out the estimated revenues in detail by source and making appropriations according to fund and by organizational unit, purpose or activity as set out in the budget document. (c) The amount set out in the adopted operating budget for each organizational unit, purpose or activity shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriation or allotment thereof, to which it is chargeable except as provided in section 4.36 of this Charter. Section 4.35Property Tax Levies. As the next order of business following the adoption of the operating budget, the City Commission shall levy by ordinance an annual tax on all real and personal property within the City of Cordele which is subject to ad valorem tax. The tax rate set by such ordinance shall be such that reasonable estimate of revenues from anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated. Section 4.36Additional Appropriations. The City Commission may by ordinance make supplemental appropriations

Page 3842

from revenues in excess of those estimated in the budget or make revisions in the operating budget at any regular or special meeting called for such purpose. Section 4.37Lapse of Appropriations. All unencumbered balances of appropriations in the current operating budget shall lapse at the end of the fiscal year. Section 4.38Capital Improvements Budget. (a) On or before a date fixed by the City Commission but not later than sixty (60) days prior to the beginning of each fiscal year, the city manager shall submit to the City Commission a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The City Commission shall have power to accept with or without amendments or reject the proposed programs and means of financing. (b) The City Commission shall adopt the final capital improvements budget for the ensuing fiscal year not later than the 15th day of June of each year. No appropriation provided for the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided the City Manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations thereon. Any such amendments to the capital improvements budget shall become effective only upon adoption by the City Commission. Section 4.39Independent Audit. The City Commission shall provide for an independent annual audit of all accounts of the City of Cordele and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the city or any of its officers. The city commission may, without requiring competitive bids, designate such accountant or firm annually or for a period not exceeding three years, provided that the

Page 3843

designation for any particular fiscal year shall be made no later than (30) days after the beginning of such fiscal year. Article 4, Procurement and Property Management. Section 4.40Contracting Procedures. The City Commission shall prescribe by ordinance such rules and regulations as may be necessary to govern the authorization and execution of contracts which shall bind the City of Cordele. All contracts, and all resolutions making contracts or authorizing the same, if not drawn by the city attorney, shall be submitted to him before authorization by the City Commission. Except where otherwise provided by law or by ordinance of the City Commission, all contracts of the city shall be signed by the Chairman or Vice-Chairman or by some person designated by the City Commission and shall be authenticated by the city clerk. Section 4.41Centralized Purchasing; Competitive Bidding. The City Commission shall by ordinance set forth procedures for a system of centralized purchasing by the City of Cordele. Section 4.42Sale and Disposition of property. (a) The City Commission is hereby authorized to sell and convey any real or personal property owned or held by the City of Cordele for governmental or other purposes, except as otherwise limited by law; provided, however, no public utility owned or operated by the City of Cordele shall be sold by the City Commission unless such sale shall first be approved by a majority vote of the electors of the City of Cordele voting in a special election called and held for that purpose. (b) The City Commission may quit claim 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 purposes and that the interest of the city has no readily ascertained monetary value.

Page 3844

(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 Commission may authorize the execution and deliverance 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 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 city has in such property, notwithstanding no public sale after advertisement was or is hereafter made. CHAPTER 5 MUNICIPAL SERVICES AND REGULATORY FUNCTIONS Article 1, Municipal Services. Section 5.10Streets . The City Commission is hereby vested with the power to layout, open, widen, change, alter, straighten, improve, vacate, abandon, close and otherwise to exercise complete control over the streets, alley, squares and sidewalks of the City of Cordele. The City Commission shall provide for the removal of any and all obstacles and nuisances in regard to the streets, alleys, or sidewalks or other public places within the city and shall adopt appropriate ordinances to accomplish this purpose; however, no street shall be closed prior to ten days public notice being given of such intention. Section 5.11Municipal Utilities . The City Commission shall have the power and authority to acquire, own, hold, lease, build, maintain and operate a system of waterworks, electric lights, sewerage and gas distribution; to establish rates and charge fees for services rendered to any of said systems; to finance any of said systems through appropriate

Page 3845

bond issues or revenue certificates in accordance with the laws of Georgia; to exercise the power of eminent domain in regard to any of said systems, both within and without the corporate limits; and to contract to furnish the services of any said systems to consumers outside the corporate limits of the City of Cordele. Section 5.12Sewers and Drains . The City Commission shall be the power and authority to provide for the establishment, extension and maintenance of a system of sewers and drains, together with a sewerage disposal system. This power includes the authority to extend said system beyond the corporate limits. For those purposes the City of Cordele is granted the power of eminent domain both within and without its corporate limits. The City Commission may provide by ordinance for reasonable connection fees for tapping on to the water and sewer lines of said city and may compel citizens to tap into same when such service is made available. The City Commission may cause said connection to be made when the owners refuse, and issue executions for the amount so expended, which execution shall be special liens on the property connected with said water and sewerage systems from the date of the order of connection. Section 5.13Right-of-Way . The City of Cordele shall have the right, easement and franchise of laying the necessary mains, pipes, conduits and drains for waterworks and sewerage system purposes along the highways in the County of Crisp without cost; it shall have full power and authority to enact and enforce such rules, regulations and ordinances as may be necessary to protect the water basin and watershed, from which the water supply is taken, from contamination and to protect said waterworks and sewerage system, including the mains, pipes, and conduits whether the same be situated within or without the corporate limits of said city. Section 5.14Eminent Domain . The City Commission is hereby empowered to acquire, construct, build, operate and maintain public ways, parks, public grounds, cemeteries,

Page 3846

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 or purposes inside or outside the city, and to regulate the use thereof, and for such purposes, property may be taken under section 36-202 of the Code of Georgia, 1933, subject to such amendments as shall be enacted thereto or under any power or procedure of eminent domain now or hereafter provided by the General Assembly of Georgia. Article 2, Regulatory Functions. Section 5.20Power to Regulate and License. The City Commission shall have the power and authority to provide by ordinance for the registration and licensing of any trade, business, occupation, vocation, profession or any and every other undertaking pursued for the purpose of personal gain or profit of whatever nature, engaged in or carried on within the limits of the City of Cordele, regardless whether or not the subject has an office or establishment within the city. The City Commission shall be authorized to fix the amount, terms, and manner of issuing and revoking licenses, provided that this authority is subject to the Constitution and laws of the United States and the State of Georgia. This power is conferred for the purpose of regulation under the police powers of the city and for the purpose of raising revenue for the operation of the city government through the imposition of a tax or fee on the privilege of operating within the city. This authority extends over individuals, partnerships, associations, corporations and their agents. Section 5.21Franchises. The City Commission shall have authority to exercise control over the use of streets of the City of Cordele. The power is conferred upon the City Commission to grant franchises for the use of said city's streets and alleys, for the purposes of railroads, street railways, telephone and gas companies, electric companies,

Page 3847

taxicabs, community antenna television companies, and transportation companies. The franchise right extends to, but is not limited to the erection of poles, stringing wires, laying of pipe, lines or conduits both above and below the surface. The City Commission shall determine the duration, provisions, terms, whether the same shall be exclusive or non-exclusive, and the consideration of such franchises; provided, however, that no franchise shall be granted for a period in excess of twenty (20) years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The City Commission shall provide for the registration of all franchises with the city clerk in a registration book to be kept by him. The City Commission may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 5.22Planning and Zoning. (a) The City Commission of the City of Cordele may, in the interest of public health, safety, order, convenience, comfort, prosperity or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purposes of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property; or for the purpose of regulating the height of buildings; fences or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the City Commission shall deem best to accomplish the purposes of the zoning regulations; in the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry or profession or other activity conducted or to be conducted upon the premises; the number of persons, families or other group units to reside in or use said building; the public, quasi-public or private nature of the use of premises; upon any other base or bases relevant to the promotion of the public health, safety, order, morals, convenience, prosperity or welfare. (b) The City Commission of Cordele shall by ordinance

Page 3848

elect to use the powers and authority granted in the General Laws of Georgia and any amendments thereto (General Planning Enabling Act of 1957, Ga. L. 1957, pg. 420 as amended) for the preparation and amendment of over-all plans for the orderly growth and development of said city; providing for the regulation of the sub-division of land; and for providing for the regulation of structures in mapped streets, public building sites, and public open spaces. Section 5.23Building, Electrical and Plumbing Regulations. The City Commission shall have the power and authority to enact such reasonable rules and regulations as they may deem necessary or expedient regarding the construction of buildings, remodeling of buildings, plumbing, gas installation, and electric wiring and equipping of buildings in order to promote the safety and welfare of its citizens and to guard against fire or other property damage. This power may, in the discretion of the City Commission, be exercised by adoption of any standard building, electrical, gas and plumbing codes as may be deemed appropriate. The City Commission shall be empowered to engage the necessary personnel to enforce such rules and regulations as adopted, and to charge reasonable fees for inspection and permits; and may require the obtaining of a permit as a condition precedent to any construction, building, gas, electrical or plumbing work; and may enact all ordinances necessary to enforce such rules and regulations. Section 5.24Abatement of Nuisance. The City Commission is hereby empowered to define a nuisance in the City of Cordele and to provide for its abatement. The Judge of the Criminal Court of the City of Cordele shall have jurisdiction of all nuisance abatement proceedings therein. The City Commission may provide by ordinance for any building, structure, or condition maintained in violation of any law of this state or any ordinance of the City of Cordele, to be adjudged a nuisance and for its abatement at the owner's expense upon his failure or refusal to abate the same within ten days after written notice from said city to do so. The City Commission may by ordinance provide for the issuance of an execution for the expense of abatement

Page 3849

which shall be a lien upon the property on which such nuisance existed. CHAPTER 6 ELECTIONS Section 6.01Elections. The City Commission shall exercise all powers granted to it by the Georgia Municipal Election Code, and Title 34A of the Code of Georgia of 1933, the provisions of which became effective September 1, 1968, as hereafter may be amended or modified, and shall perform all the duties imposed upon it thereby, applying to any general or special election to fill any municipal office, and to any general or special municipal primary, if any, to nominate candidates for such office, to any election to submit a question to the people, and to any other purpose whatsoever. CHAPTER 7 CRIMINAL COURT Section 7.01Creation. There is hereby established a court to be known as the Criminal Court of the City of Cordele, which shall have jurisdiction and authority to try offenses against the laws and ordinances of such city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by the laws of Georgia, to subpoena witnesses, to punish witnesses for non-attendance, and to try all offenses occurring within the territorial limits of the City of Cordele including traffic cases which under the laws of Georgia are now or hereafter placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. The presiding officer of such court shall be known as the Judge of the Criminal Court. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof.

Page 3850

Section 7.02Judge of the Criminal Court. (a) No person shall be qualified or eligible to serve as Judge unless he shall have attained the age of twenty-five (25) years, be a member of the State Bar of Georgia and shall have practiced law in the city for at least one year immediately preceding his appointment and shall continue during his term of office. At the first regular meeting in January of each year the City Commission shall appoint the Judge who shall serve for a term of one (1) year and until his successor is appointed and qualified. The City Commission shall also fill any vacancy or unexpired term of such office. The compensation of the Judge shall be fixed by the City Commission. (b) Before entering on the duties of his office, the Judge shall take an oath before some officer duly authorized to administer oaths, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality. This oath shall be entered upon the minutes of the City Commission. Section 7.03Jurisdiction. The Judge of the Criminal Court shall have power to impose fines for the violation of any law or ordinance of the City of Cordele passed in accordance with this Charter, to an amount not to exceed five hundred ($500.00) dollars, to imprison offenders for a period of not more than six months, or at labor on the roads and streets, or other public works of said city for not more than six months; and the said Judge shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said Judge shall not have the authority to inflict a greater punishment for contempt than to impose a fine of two hundred fifty ($250.00) dollars or imprisonment not exceeding thirty (30) days or any combination of the two. He shall have the authority of a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of Cordele, which warrants may be executed by any police officer of said city, to hold committal hearings, and to commit offenders to jail or admit them to bail in bailable cases for their appearance at

Page 3851

the next term of a court of competent jurisdiction to be held in said city. Except as may be herein otherwise specified, the Judge is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the City of Cordele. The Criminal Court of Cordele is specifically vested with all jurisdiction and powers throughout the entire area within the corporate limits granted by State laws generally to mayors, recorders, police courts and justice of the peace courts, and particularly such laws as authorize the abatement of nuisances. Section 7.04Right of Certiorari. The right of certiorari to the superior court of Crisp County shall lie in the same manner and under the same procedure as prescribed for certiorari to the various justice courts of the State. Section 7.05Vacancy in Office. In the absence, sickness or disqualification of the Judge or vacancy in such office, a Judge pro tempore appointed by the City Commission who shall have the same qualifications as set out in Section 7.02, may preside over the Criminal Court and hear and try all cases therein, and in the performance of said office shall be clothed with the same powers and authority as are granted the Judge under this Charter and the laws of the State of Georgia. The City Commission may provide compensation of any such person so appointed. Section 7.06Court Costs. In all cases in the Criminal Court of the City of Cordele, the costs incurred and allowable therein shall be computed under the provisions of the laws of the State of Georgia fixing costs in the justice of the peace courts of said State. Section 7.07Rules for Court. With the approval of the City Commission, the Judge shall have full power and authority to make rules and regulations necessary and proper to secure the efficient and successful administration of the business of said court; provided, however, the rules of evidence applicable to the superior courts of this State shall apply in the Criminal Court of the City of Cordele. There shall be separate dockets for the trial of traffic cases and

Page 3852

criminal matters which shall be heard at different times. A record of every gun, pistol, rifle or other deadly weapon coming into the possession of the police shall be kept, giving its complete description, make, serial number or other identification. CHAPTER 8 EDUCATION Section 8.10Power to Maintain System of Public Schools. An Act providing for the merger of the existing independent school system of the City of Cordele and the existing school districts of the County of Crisp lying outside the corporate limits of said City, so as to constitute one school district or school system coextensive with the limits of said county, pursuant to the amendment to the Constitution of the State of Georgia of 1945, said amendment having been ratified at the general election held throughout said State on November 6, 1956, and ratification proclaimed by the Governor of said State, no provision is contemplated for education in this Charter. CHAPTER 9 MISCELLANEOUS PROVISIONS Section 9.10Official Bonds. The officers and employees of the City of Cordele, both elective and appointive shall execute such official bonds in such amounts upon such terms and conditions as the City Commission from time to time may require. Section 9.11Amending Charter. Except in the particulars hereinbefore specifically provided for the terms and provisions of this Charter may be hereinafter modified, rescinded, changed or amended by: (a) The General Assembly of Georgia; (b) Any procedure authorized by the laws of Georgia as the same may now or hereafter exist.

Page 3853

Section 9.12Existing Ordinances and Regulations. Existing ordinances and resolutions of the City of Cordele not inconsistent with the provisions of this Charter shall continue in effect until they have been repealed, modified or amended by the City Commission. Existing rules and regulations of departments or agencies of the City of Cordele not inconsistent with the provisions of this Charter shall continue in effect until they have been repealed, modified, or amended. Section 9.13 (a) The City Commission may provide for the redrawing of any such map. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. Map. (b) Property lying or being within the area of the abovedescribed city limits, not incorporated therein at the time this charter becomes effective, shall not be included therein without the consent of the owner. Corporate limits. Section 9.14General Laws May Be Used. The City Commission, in its discretion may elect to use the provision of any general laws of the State in addition to or instead of the provisions of this Charter. Section 9.15 The captions to the several sections of this Charter are informative only and are not to be considered as a part thereof. Captions. Section 9.16Severability. If any article, section, subsection, paragraph, sentence or part thereof of the 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 other part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this Charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independently of each other.

Page 3854

Section 9.17 Not less than 10 nor more than 20 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the clerk of the City of Cordele to issue the call for an election for the purpose of submitting this Act to the voters of Cordele for approval or rejection. The clerk shall set the date of such election for a day not less than 30 nor more than 40 days after the date of the issuance of the call. The clerk 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 Crisp County. The ballot shall have written or printed thereon the words: For approval of the Act providing a new Charter for the City of Cordele. Referendum. Against approval of the Act providing a new Charter for the City of Cordele. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Cordele. It shall be the duty of the city clerk and the election managers of the City of Cordele to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the city clerk to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 9.18Effective Date. This Charter shall be effective on and after January 1, 1970, if approved in the above referendum. Section 9.19Specific Repealer. An Act creating a new Charter for the City of Cordele, approved August 15, 1922

Page 3855

(Ga. L. 1922, p. 680), as amended, is hereby repealed in its entirety. Section 9.20Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1969 session of the General Assembly of Georgia, a bill entitled, An Act to reincorporate the City of Cordele in the County of Crisp and to create a new charter for said city of Cordele, and for other purposes. This 2nd day of January, 1969. /s/ Howard H. Rainey State Representative, House District 47, Post 1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard H. Rainey who, on oath, deposes and says that he is Representative from the 47th District, and that the attached copy of notice of intention to introduce local legislation was published in the Cordele Dispatch which is the official organ of Crisp County, on the following dates: January 2, 9, 16, 1969. /s/ Howard H. Rainey Representative, 47th District Sworn to and subscribed before me, this 3rd day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 28, 1969.

Page 3856

CITY OF SMYRNACORPORATE LIMITS. No. 624 (House Bill No. 749). An Act to amend an Act creating a new charter for the City of Smyrna, approved August 37, 1931 (Ga. L. 1931, p. 955), as amended particularly by an Act approved March 15, 1943 (Ga. L. 1943, p. 1586), an Act approved February 25, 1949 (Ga. L. 1949, p. 1325), an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2591), an Act approved March 4, 1955 (Ga. L. 1955, p. 2656), an Act approved February 13, 1956 (Ga. L. 1956, p. 2265), an Act approved March 5, 1957 (Ga. L. 1957, p. 2540), an Act approved February 11, 1958 (Ga. L. 1958, p. 2032), an Act approved March 25, 1959 (Ga. L. 1959, p. 3217), an Act approved March 17, 1960 (Ga. L. 1960, p. 2505), an Act approved March 28, 1961 (Ga. L. 1961, p. 2571), an Act approved March 2, 1962 (Ga. L. 1962, p. 2550), an Act approved March 20, 1963 (Ga. L. 1963, p. 2424), an Act approved March 11, 1964 (Ga. L. 1964, p. 2913), an Act approved March 31, 1965 (Ga. L. 1965, p. 3023), an Act approved March 4, 1966 (Ga. L. 1966, p. 3219), an Act approved March 25, 1966 (Ga. L. 1966, p. 3433), an Act approved April 21, 1967 (Ga. L. 1967, p. 3299), and an Act approved April 11, 1968 (Ga. L. 1968, p. 3587), so as to amend said charter, as amended, in order to add a new section to said charter to be known as section 4 (q) of said charter in order to increase the corporate limits of the City of Smyrna; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended particularly by an Act approved March 15, 1943 (Ga. L. 1943, p. 1586), an Act approved February 25, 1949 (Ga. L. 1949, p. 1325), an Act approved February 25, 1953 (Ga. L. 1953, Jan. Feb. Sess., p. 2591), an Act approved March 4, 1955 (Ga. L. 1955, p. 2656), an Act approved February 13, 1956 (Ga. L. 1956, p. 2265), an Act approved

Page 3857

March 5, 1957 (Ga. L. 1957, p. 2540), an Act approved February 11, 1958 (Ga. L. 1958, p. 2032), an Act approved March 25, 1959 (Ga. L. 1959, p. 3217), an Act approved March 17, 1960 (Ga. L. 1960, p. 2505), an Act approved March 28, 1961 (Ga. L. 1961, p. 2571), an Act approved March 2, 1962 (Ga. L. 1962, p. 2550), an Act approved March 20, 1963 (Ga. L. 1963, p. 2424), an Act approved March 11, 1964 (Ga. L. 1964, p. 2913), an Act approved March 31, 1965 (Ga. L. 1965, p. 3023), an Act approved March 4, 1966 (Ga. L. 1966, p. 3219), an Act approved March 25, 1966 (Ga. L. 1966, p. 3433), an Act approved April 21, 1967 (Ga. L. 1967, p. 3299), and an Act approved April 11, 1968 (Ga. L. 1968, p. 3587), is hereby amended by adding a new section to said charter of the City of Smyrna, to be known and designated as section 4 (r) which shall be inserted between section 4 (q) and section 5 of said charter, and which shall read as follows: Section 4 (r). There shall be included in the corporate limits of the City of Smyrna, in addition to the area described in Section 4, 4 (a), 4 (b), 4 (c), 4 (d), 4 (e), 4 (f), 4 (g), 4 (h), 4 (i), 4 (j), 4 (k), 4 (l), 4 (m), 4 (n), 4 (o), 4 (p), and 4 (q) of this Act, as amended, all of the area embraced within the following described tract and parcel of land: All that tract or parcel of land lying and being in Land Lots 335, 336, 385 and 386, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at an iron pin on the east side of Cooper Lake Road said iron pin being 395 feet south of the intersection of the south side of Reed Road and the east side of Cooper Lake Road and said iron pin being the existing city limits of the City of Smyrna, running thence north 89 degrees 57 minutes east for a distance of 259 feet along the existing city limits of the City of Smyrna to an iron pin; running thence south 00 degrees 55 minutes east for a distance of 48 feet along the existing city limits of the City of Smyrna to an iron pin; running thence north 87 degrees 44 minutes east for a distance of 1,349 feet along the existing city limits of the City of Smyrna to an iron pin on the east original line of Land Lot 385, said point being 240 feet

Page 3858

south of the point where the east line of said Land Lot interesects the center line of Reed Road; running thence 01 degrees 00 minutes east along the east line of Land Lots 385 and 386 and the city limits of the City of Smyrna for a distance of 892 feet to a concrete marker; running thence south 89 degrees 36 minutes west along the north side of property belonging to the City of Smyrna and the city limits of the City of Smyrna for a distance of 1,349.5 feet to an iron pin; running thence north 01 degrees 00 minutes west for a distance of 323 feet to a concrete marker; running thence south 89 degrees 39 minutes west along the north side of property of H. A. Thomas and J. F. Rainey for a distance of 367 feet to an iron pin on the east side of Cooper Lake Road; running thence north 08 degrees 48 minutes east along the east side of said road for a distance of 100 feet to a point; running thence north 05 degrees 33 minutes east along the east side of said road for a distance of 201.5 feet to a concrete marker, said marker being the intersection of the east side of Cooper Lake Road and the south original line of Land Lot 336; running thence north 07 degrees 12 minutes east along said road for a distance of 128.5 feet; running thence north 12 degrees 21 minutes east along said road for a distance of 85 feet; running thence north 14 degrees 35 minutes east along said road for a distance of 113.5 feet to an iron pin and the point of beginning. Said parcel being a part of Ward 7 as provided in Georgia Laws 1965, page 2023, et seq. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. Be it further enacted, however, that all of the Acts heretofore passed relating to the incorporation of the City of Smyrna, including all amendatory acts to its charter and parts of said Acts, not in conflict with this Act, and all powers belonging to said city, as now incorporated, and all rules, ordinances, and regulations of said town, not in conflict with this Act, shall be and remain of full force and effect. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the

Page 3859

January-February 1969 Session of the General Assembly of Georgia, a bill to amend the charter of the City of Smyrna (Ga. L. 1931, p. 955, et seq.), as heretofore amended; and for other purposes. This 20th day of December, 1968. Cyrus M. Chapman Sam P. Hensley Senators George H. Kreeger Eugene Housley Howard Atherton A. L. Burruss Joe Mack Wilson J. H. Henderson, Jr. Hugh Lee McDaniel Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George H. Kreeger who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of notice of intention to introduce local legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 24, 31 and February 7, 1969. /s/ George H. Kreeger Representative, 117th District Sworn to and subscribed before me, this 3rd day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 28, 1969.

Page 3860

CITY OF EAST POINTLOCAL ADVISORY BOARD. No. 627 (House Bill No. 806). An Act to amend an Act establishing a new charter for the City of East Point in Fulton County, approved August 19, 1912 (Ga. L. 1912, pp. 862, et seq.), and the several Acts amendatory thereof, especially an Act approved March 5, 1957 further amending said city charter (Ga. L. 1957, Vol. II, pp. 2429, et seq.), as amended; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That the Act establishing a new charter for the City of East Point, approved August 19, 1912 (Ga. L. 1912, pp. 862, et seq.), and the several Acts amendatory thereof, especially an Act approved March 5, 1957 further amending said city charter (Ga. L. 1957, Vol. II, pp. 2429, et seq.), as amended; and for other purposes, be and they are hereby further amended as follows: Sections 4 and 5 of the Act approved March 17, 1967 (Ga. L. 1967, Vol. II, pp. 2200, et seq.), amending the charter of the City of East Point, which sections 4 and 5 state the duties of the Local Advisory Board created by said Act approved March 17, 1967, are hereby repealed, and the following enacted in lieu thereof, to-wit: Section 4. Said local advisory board shall have no duties other than those formally assigned to it by the governing authority of said city. Section 5. The activities of said local advisory board shall be confined to the discharge of the duties assigned to it, as provided for in section 4 of said Act as hereby amended. Section 2. Notice of intention to apply for passage of this local bill has been published in the newspaper in which the sheriff's advertisements for Fulton County are published,

Page 3861

once a week in the three calendar weeks next preceding its introduction in the 1969 Regular Session of the General Assembly of this State during the period of 60 days immediately preceding such introduction, and a copy of such published notice, certified as such by the publisher of said newspaper, and that said notice was so published, is attached hereto, and by reference incorporated herein and made a part hereof. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. State of Georgia, Fulton County. Notice is hereby given that the City of East Point intends to apply for the passage of local legislation at the 1969 Regular Session of the General Assembly of Georgia, which convenes in January, 1969, the title of the bill or bills to be introduced, to be as follows: A Bill to amend an Act establishing a new charter for the City of East Point in Fulton County, approved August 19, 1912 (Ga. L. 1912, pp. 862, et seq.), and the several Acts amendatory thereof, especially an Act approved March 5, 1957 amending the charter of said city (Ga. L. 1957, Vol. II, pp. 2429, et seq.), as amended; and for other purposes. This 3rd day of December, 1968. City of East Point by Ezra E. Phillips, as its City Attorney 2847 Main Street East Point, Georgia 30344 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dick Lane who, on oath, deposes and says that he is Representative from the 101st District, and that the attached copy of notice of intention

Page 3862

to introduce local legislation was published in The Fulton County Daily Report which is the official organ of Fulton County, on the following dates: January 16, 23, 30, 1969. /s/ Dick Lane Representative, 101st District Sworn to and subscribed before me, this 5th day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 28, 1969. CITY COURT OF DOUGLASNAME CHANGED TO STATE COURT OF COFFEE COUNTY. No. 628 (House Bill No. 818). An Act to amend an Act establishing the City Court of Douglas, approved August 19, 1919 (Ga. L. 1919, p. 464), as amended, so as to change the name of the said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the City Court of Douglas, approved August 19, 1919 (Ga. L. 1919, p. 464), as amended, is hereby amended by striking therefrom, wherever the name shall appear, the words City Court of Douglas and substituting in lieu thereof the words State Court of Coffee County. Name. Section 2. The change in the name of said court accomplished by the provisions of section 1 of this Act is not intended

Page 3863

to have any effect whatsoever upon the constitutional status, jurisdiction, personnel, practice and procedure and other related matters of said court, and in regard to such matters section 1 shall have no effect whatsoever. Section 1 is intended solely to effect a change in the name of said court so that henceforth, said court shall be known as the State Court of Coffee County. Intent. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to amend an Act establishing the City Court of Douglas in Coffee County, approved August 19, 1919 (Ga. L. 1919, p. 464), as amended, so as to change the name of said court; to change the provisions relating to the salaries of the judge and solicitor of said court; and for other purposes. This 9th day of January, 1969. George Jordan Representative, 55th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Jordan who, on oath, deposes and says that he is Representative from the 55th District, and that the attached copy of notice of intention to introduce local legislation was published in The Coffee County Progress which is the official organ of Coffee County, on the following dates: January 16, 23, 30, 1969. /s/ George Jordan Representative, 55th District

Page 3864

Sworn to and subscribed before me, this 6th day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 28, 1969. ATKINSON COUNTYSHERIFF'S SALARY, ETC. No. 629 (House Bill No. 821). An Act to amend an Act abolishing the fee system of compensating the sheriff of Atkinson County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2205), so as to change the compensation of the sheriff, his deputy and his clerk; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensating the sheriff of Atkinson County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2205), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. The sheriff shall receive an annual salary in the amount of $8,100.00 payable in equal monthly installments from the funds of Atkinson County. Sheriff. Section 2. Said Act is further amended by striking section 8 in its entirety and inserting in lieu thereof a new section 8, to read as follows: Section 8. The sheriff is hereby authorized to appoint one (1) deputy sheriff to assist him in the performance of

Page 3865

his duties who shall serve at the pleasure of the sheriff. Said deputy sheriff shall receive an annual salary in the amount of $4,800.00 payable in equal monthly installments from the funds of Atkinson County. Deputy sheriff. Section 3. Said Act is further amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9, to read as follows: Section 9. The sheriff is hereby authorized to appoint one (1) clerk, who may also be appointed a deputy sheriff in the discretion of the sheriff, to assist him in the performance of his duties who shall serve at the pleasure of the sheriff. Said clerk, whether acting as clerk or deputy sheriff, or both, shall receive an annual salary in the amount of $4,200.00 payable in equal monthly installments from the funds of Atkinson County. Clerk. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff of Atkinson County on a salary basis in lieu of a fee basis approved February 28, 1966 (Ga. L. 1966, p. 2205), so as to change the provisions relating to the compensation of the sheriff and the personnel of the sheriff's office; and for other purposes. This 31st day of January, 1969. Robert C. Pafford Representative, 64th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert C. Pafford who, on oath, deposes and says that he is Representative

Page 3866

from the 64th District, and that the attached copy of notice of intention to introduce local legislation was published in the Atkinson County Citizen which is the official organ of Atkinson County, on the following dates: February 13, 20, 27, 1969. /s/ Robert C. Pafford Representative, 64th District Sworn to and subscribed before me, this 4th day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 28, 1969. DeKALB COUNTYMETHOD OF FILLING VACANCIES ON BOARD OF COUNTY COMMISSIONERS. No. 630 (House Bill No. 850). An Act to amend an Act creating a board of commissioners of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 3461), so as to change the method of filling vacancies on the board of commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 3461), is hereby amended by striking in its entirety section 5 and substituting in lieu thereof a new section 5 to read as follows:

Page 3867

Section 5. Vacancies occurring on the board shall be filled as follows: (a) In the event a vacancy shall occur on the board, including the office of chairman, when at least 180 days remain in the unexpired term of office in which the vacancy occurs, it shall be the duty of the ordinary of DeKalb County, within 15 days after the vacancy occurs, to issue the call for a special election for the purpose of filling such vacancy. Such special election shall be held within 45 days after the issuance of the call and shall be conducted in accordance with the provisions of the Georgia Election Code. The person elected to fill such vacancy shall serve out the unexpired term of office. If the vacancy occurs in the office of chairman, the vice-chairman shall exercise all of the powers, duties and responsibilities of the chairman until a new chairman shall be elected and qualified. (b) In the event a vacancy occurs on the board, when there is less than 180 days remaining in the term of office in which the vacancy occurs, the remaining members of the board shall elect a successor to fill said vacancy and serve out the remaining unexpired term. The person so elected must possess the residency qualifications of his predecessor in office. In the event such a vacancy occurs in the office of chairman, the vice-chairman shall exercise the powers, duties and responsibilities of the chairman until a new chairman shall be elected in the general election and such chairman shall assume office. (c) Nothing contained within subsection (b) shall be construed in such a manner as to vest in the successor, who shall assume a position on the board created by a vacancy in the office of chairman, any of the powers, duties and responsibilities of the chairman. The member of the board filling such a vacancy shall be known as the `commissioner-at-large' and he shall serve in the capacity of a district commissioner and not as chairman. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3868

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to amend an Act creating a board of commissioners of DeKalb County, so as to provide a change in the method of filling vacancies in the office of chairman and other members of the Board; and for other purposes. Robert Bell Representative, 73rd District S. N. Collins, Representative, 72nd District Georgia, DeKalb County. Personally appeared before the undersigned officer authorized by law to administer oaths, Britt Fayssoux, who, being duly sworn, deposes and states on oath that he is general manager of the New Era Publishing Company, Inc., a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the New Era Publishing Company, Inc. is the publisher of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the county of DeKalb, and further avers that legal notice, a true copy of which is hereto attached, notice of intention to introduce local legislation was duly published once a week for 3 weeks as required by law, the dates of publication being January 23, January 30, and February 6, 1969. /s/ Britt Fayssoux Sworn to and subscribed before me, this 7th day of February, 1969. /s/ Carol E. Wheeler, Notary Public, State at Large. My Commission expires Feb. 21, 1974. (Seal). Approved April 28, 1969.

Page 3869

CITY OF FAIRBURNELECTIONS. No. 632 (House Bill No. 889). An Act to amend an Act establishing a new charter for the City of Fairburn, approved August 3, 1925 (Ga. L. 1925, p. 1024), and amendments thereto, so as to provide for the election of councilmen by council seat positions; to set the date for city election; to establish the hours that polls shall be open so as to conform to the State Laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act establishing a new charter for the City of Fairburn, approved August 3, 1925 (Ga. L. 1925, p. 1024), as amended, is hereby amended by striking section 7, section 8, section 9 and section 10 in their entirety and substituting in lieu thereof new sections 7, 8, 9 and 10, to read as follows: Sec. 7. Be it further enacted by the authority aforesaid, that there shall be elected at the next annual election and biennially thereafter a mayor who shall hold his office for two (2) years. The mayor in all cases shall hold his office until his successor is elected and qualified and in the event the office of mayor shall become vacant by death, resignation, removal, the mayor pro tem, or in case his seat is vacant, a majority of the city council shall order a new election as hereinafter prescribed, provided, however, that if there be a mayor pro tem he shall act as mayor until and exercise all the rights and powers during said term. Mayor. Sec. 8. Be it further enacted by the authority aforesaid that the City of Fairburn shall have six (6) councilmen as provided for in section 4 of the Act of 1925 granting a new charter to the City of Fairburn, who shall be elected from the city at large without regards to wards, by the qualified voters of said city. Effective 1969 each councilman shall hold a designated seat on the council. Seat one is that seat now held by William W. Milam; Seat two is that seat now held by Howard V. Turner; Seat three is that seat now held

Page 3870

by H. L. Entrekin; Seat four is that seat now held by Albert J. Green; Seat five is that seat now held by Ben C. McEwen and Seat six is that seat now held by A. Donald Cook. Those desiring to offer for a council position shall qualify for a certain and specific seat by number. No one shall offer for more than one council seat at each election. The candidate receiving the plurality of the votes cast for the seat for which he has qualified shall be declared the holder of said seat. The term of the councilmen shall be two (2) years, provided that three (3) councilmen shall be elected annually in the general election held in said city on the second Wednesday of January of each year, who shall hold office for a term of two (2) years or until their successors are elected and qualified, in the order of expiration of terms of those now serving. The compensation of said councilmen shall be fixed annually by the mayor and council in a sum not to exceed six hundred dollars ($600.00) per year. Nothing in this Act shall be construed so as to prevent any councilman now serving or who may hereafter serve as councilman from succeeding himself in office. Council posts, etc. Sec. 9. Be it further enacted that on the second Wednesday in January of each year following the passage of this Act, an election shall be held in the City of Fairburn in the City Hall in said city, for the election of a mayor and councilmen whose terms are expiring or have expired, such election to be held under such ordinances, rules and regulations as the governing body of the City of Fairburn may hereafter adopt, and the governing body of the City of Fairburn is hereby specifically authorized to adopt such ordinances, rules and regulations for the governing of the regular annual election and any special elections or referendum held in the City of Fairburn. The person or persons elected in the annual election herein provided for shall be sworn into the office to which he was elected on Monday night following said election. Elections. In the event no election is held at the regular time as provided by this Act, a special election may be called by the mayor and council to be held on some other date of which no less than ten (10) days notice of such election is first

Page 3871

given by posting notice thereof at four (4) public places in the City of Fairburn and on the door of the city hall of said City of Fairburn. Sec. 10. Be it further enacted, that all elections held under the provisions of this charter whether regular or special shall be held in the city hall or such other places as the mayor and council may hereafter designate and that the polls in all such elections shall be open from the hour of seven (7) o'clock a.m. until seven (7) o'clock p.m. when they shall be closed and after counting the ballots and consolidating the returns of such election the superintendents shall certify the result promptly to the city clerk for delivery to the mayor and city council who shall on the following Monday after the election, declare the result of said election. If any person shall desire to contest any election held under and by virtue of this charter or any amendments hereto said contest shall be held under the General Laws of this State governing municipal contests of elections. Same. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the City of Fairburn, Georgia intends to Apply for the Passage of Local Legislation at the 1969 Session of the General Assembly of Georgia, convening in January, 1969, to Amend the charter of the City of Fairburn, Georgia to provide for the election of councilmen by council seat position, to provide for a referendum to extend the city limits of the City of Fairburn and for other purposes. This 19th day of February, 1969. George E. Glaze City Attorney of The City of Fairburn, Georgia

Page 3872

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Young H. Longino who, on oath, deposes and says that he is Representative from the 98th District, and that the attached copy of notice of intention to introduce local legislation was published in the Fulton County Daily Reporter which is the official organ of Fulton County, on the following dates: February 19th, 26th, 1969, March 5th, 1969. /s/ Young H. Longino Representative, 98th District Sworn to and subscribed before me, this 10th day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 28, 1969. CITY OF CAVE SPRINGNEW CHARTER. No. 633 (House Bill No. 899). An Act to reincorporate the City of Cave Spring in the County of Floyd; to create a new charter for said city; to prescribe the corporate limits of said city, to provide for the government of said city; to provide for the officials of said city and their selection, oath, compensation, powers, duties and terms of office; to provide for filling vacancies; to provide for the organization and administration of said city; to provide for the fiscal administration of the city government; to provide for the levy and collection of ad valorem taxes; to provide for elections; to provide for the qualifications of candidates and electors;

Page 3873

to provide for registration of voters, to provide for the method of conducting elections; to provide for the establishment of a recorder's court; to provide for the appointment of the recorder; to provide for the qualifications and compensation; to provide for the jurisdiction of the recorder's court; to provide for appeals from the recorder's court; to provide for the payment of court costs; to provide for rules for the recorder's court; to provide severability; to repeal specific laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I. CHARTER, CITY LIMITS AND CORPORATE POWERS Section 1.01. This act shall constitute the whole charter of the City of Cave Spring, Georgia, repealing and replacing the charter as provided by Georgia Laws of 1920, p. 818, as amended. The City of Cave Spring, Georgia, in the County of Floyd, and the inhabitants thereof, shall continue to be a body politic and corporate under the name and style of the City of Cave Spring, Georgia, and by that name shall have perpetual succession, may contract and contract with, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsover, and may have and use a common seal and change it at pleasure. Charter. Section 1.02. City Boundaries. Be it further enacted that the boundaries of the City of Cave Spring shall be as described: Extending three-fourths of a mile in every direction from a center point at the southwest corner of the intersection of Broad Street and Alabama Street in said city and Floyd County, Georgia; which center point also is located at the northeast corner of the brick building formerly occupied by J. F. Hight as a drug store, as referred to in the 1920 Charter of said city.

Page 3874

Section 1.03 Corporate Powers. Be it further enacted, that the corporate powers of the city, to be exercised by the city council, may include the following: (a) To levy and to provide for the assessment, valuation, re-evaluation, and collection of taxes on all property subject to taxation. (b) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions. (c) To appropriate and borrow money to provide for payment of the debts of the city, and to authorize the expenditure of money for any municipal purpose, or for matters of National or state interest, and 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 issues by municipalities in effect at the time said issue is undertaken. (d) To acquire, dispose of, and hold in trust or otherwise, any real, personal or mixed property, inside or outside the city. (e) To condemn property, inside or outside the city, for present or future use, and for any corporate purpose deemed necessary by the city council, under Section 36-202 of the Code of Georgia 1933, or under other applicable public acts. (f) To acquire, construct, operate, distribute, sell and dispose of public utilities, including but not limited to a waterworks system, sewerage system, a natural gas system, and a community antenna television system, both inside and outside the corporate limits, subject to the provisions of applicable general law. For water and gas furnished, and for all sewerage and sanitary services rendered, said city may prescribe the charges, rates, fares, fees, regulations and standards and conditions of service to be provided and shall have a lien against any property of the persons served; said lien to be enforceable in the same manner and with the same remedies as a lien for city property taxes.

Page 3875

(g) To grant franchises or make contracts for public utilities and public services including but not limited to those stated above, not to exceed periods of fifty years. The council may prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Public Service Commission. (h) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, educational, recreational, conservation, 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 acquired by condemnation under Section 36-202 of the Code of Georgia 1933, or other applicable public acts. (i) to prescribe standards of health and sanitation and to provide for the enforcement of such standards. (j) To provide for the collection and disposal of garbage, rubbish and refuse. Charges or fees may be imposed to cover the costs of such services which, if unpaid, shall constitute a debt which shall be subject to a lien against any property of persons served, which lien shall be enforceable in the same manner, and under the same remedies, as a lien for city property taxes. (k) To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, morals, safety, security, peace, convenience, or general welfare of inhabitants of the city. (l) To define a nuisance in the city and to provide for its abatement. The recorder of the city, shall have jurisdiction of all nuisance abatement proceedings in the city. The city may provide by ordinance for any building, structure, or

Page 3876

condition maintained in violation of any valid law of this state or any valid ordinance of the city, to be adjudged a nuisance and for its abatement at the owner's expense upon his failure or refusal to abate the same within ten days after written notice from the city to do so. (m) To establish minimum standards for, and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city and to provide for the enforcement of such standards; provided, however, no ordinance, regulation or standards promulgated under this section shall be construed to apply to communications equipment installations made by or for a utility and required by it in the rendition of its duly authorized services to the public. (n) To provide that persons given jail sentences in the recorder's court shall work out such sentences in any public works or on the public streets of the city as provided by ordinance; or the council may provide for the commitment of city prisoners to any county work camp, or jail, by agreement with the appropriate county officers. (o) To regulate and license, or prohibit, the keeping or running at large of animals and fowl and to provide for the impoundment of same, in violations of any ordinance or lawful orders, also to provide for their disposition, by sale, gift, or humane destruction, when not redeemed as provided by ordinance; to provide punishment for violation of ordinances enacted hereunder. (p) 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 amounts prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles. (q) To levy and provide for the collection of special assessments to cover the costs for any public improvements.

Page 3877

(r) To provide that upon the conviction of the violation of any ordinance, rule, regulation or order, the offender may be punished within limitations prescribed by the mayor and council in such ordinance, rule, regulation, or order but not exceeding the limitations prescribed by this charter. (s) 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, morals, and general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this Charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the Constitution or general laws of the State of Georgia. No enumeration of particular powers in this Act 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 cities under the Constitution or applicable public acts of the State. (t) To levy taxes and to make appropriations for the purpose of advertising said city and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises into the city, and also to levy taxes and to make payment from the general revenues and funds of the city for the support of public hospitals, and libraries. (u) To regulate and control public streets, public alleys and ways; and in the discretion of the mayor and council by ordinance to alter, open or close public streets and public alleys and ways without notification. Section 1.04. Ordinances. Be it further enacted, that all ordinances, bylaws, rules and regulations, now in force in said city, not inconsistent with this Act, are hereby declared valid and of force until amended or repealed by the mayor and council of said city.

Page 3878

ARTICLE II. CITY GOVERNMENT Section 2.01. Establishment of City Government. Be it further enacted, that the corporate governmental powers of the City of Cave Spring shall be vested in a mayor and five councilmen to be known as the Mayor and Council of the City of Cave Spring. The mayor and council shall be elected at large by the qualified voters of the city and shall exercise their powers in such manner as prescribed by this charter, the Constitution and applicable general laws of the State of Georgia, or if not prescribed, in such manner as prescribed by the duly established ordinance of the City of Cave Spring. Section 2.02. Qualifications for Mayor and Councilmen. Be it further enacted, that to be eligible for the office of mayor or councilman, [elected or appointed], a person must be at least twenty-one years of age, be a freeholder of the city, and must meet the requirements of a qualified elector for members of the General Assembly, except as hereinabove stated, as prescribed by state law and must have been a bona fide resident of the City of Cave Spring for at least one year next preceding the election in which he offers as a candidate. Section 2.03. Election of Mayor and Councilmen. Be it further enacted, that those persons presently elected to office shall continue to serve until their successors are duly elected and qualified as provided by law. On the second (2nd) Tuesday of January 1971, and on said date biennially thereafter, there shall be an election for the office of mayor. The person receiving the highest number of votes shall be declared elected. On the same day and month in 1971, five (5) councilmen shall be elected. The five (5) persons receiving the highest number of votes shall be elected. The three councilmen receiving the highest number of votes in such election shall serve for an initial term of three years; the other two councilmen shall serve for an initial term of two years. Thereafter, on the second Tuesday of January 1973, and on said dates biennially

Page 3879

thereafter, there shall be an election for two (2) councilmen. The two persons receiving the highest number of votes shall be declared elected. On the second Tuesday of January 1974, and on said date biennially thereafter, there shall be an election for three (3) councilmen. The three persons receiving the highest number of votes shall be declared elected. The election of mayor and councilmen shall be conducted in the manner hereinafter prescribed for regular election. Whenever a tie vote causes an inability to determine who is elected to an office, then the election to such office shall be decided between the tying candidates by a casting of lots conducted by and in the manner prescribed by the Municipal Superintendent of the election. Section 2.04. Terms of Office. The terms of office for mayor and councilmen shall begin on the second Wednesday in February following said election, and except as otherwise provided in Section 2.03, shall continue for two years and until their successors are elected and qualified. Section 2.05. City Council. Be it further enacted, that the governing body of said city shall be composed of a mayor and five councilmen, in which is vested all corporate, legislative and other powers of the city, except as otherwise provided in this Act. The council shall hold regular public meetings at a stated time and place as provided by ordinance. The council shall meet in special sessions on call of the mayor or the mayor pro-tem and two councilmen, and notice of which has been served on the other members personally or left at their residence at least twelve hours in advance of the meeting. But such notice of a special meeting shall not be required if the mayor and all councilmen are present when the special meeting is called. Such notice of a special meeting shall be considered waived if the mayor and all councilmen are present when the special meeting is convened. Only the business stated in the written call may be transacted at a special meeting, except by unanimous consent of all members of the council. The council shall exercise its powers in public meetings. A majority of the council shall constitute a quorum. The council may, by ordinance, adopt rules and bylaws to govern the conduct of its business; including procedures and penalties for

Page 3880

compelling the attendance of absent members. The council, may provide by ordinance for punishment for contemptuous behavior conducted in the presence of the council. Section 2.06. Mayor as Presiding Officer. Be it further enacted, that the mayor shall preside at meetings of the council, shall have a vote only in the case of a tie vote by councilmen; shall have veto power, and the mayor shall have five days after meetings of the council in which to file with the clerk in writing his dissent, but the council may at the same meeting or at any subsequent meeting within thirty (30) days, pass any such ordinances, order or resolution, notwithstanding the veto, by a vote of four-fifths of the total number of councilmen, to be taken by ayes and nays, and entered upon the minutes; shall be the ceremonial head of the city; shall sign ordinances and resolutions on their final passage; may obtain short term loans in the name of the City when authorized by the council to do so; shall sign deeds, bonds and contracts when authorized by the council to do so; and shall perform such other duties imposed by this charter and duly adopted ordinances. Section 2.07. Mayor Pro-tem. Be it further enacted, that the council at the first regular meeting, and after the newly elected councilmen have taken office following each regular election, shall elect from its membership a mayor pro-tem for a term of one year. Upon the council's failure to elect a mayor pro-tem at its first meeting in February of each year, the incumbent councilman who received the highest number of votes, when last elected, shall be declared mayor pro-tem. The mayor pro-tem shall perform the duties of the mayor during his absence from the city or his disability. Section 2.08. Vacancy in Office of Mayor or Councilmen. Be it further enacted, that a vacancy shall exist if the mayor or a councilmen resigns, dies, moves his residence from the city, or is absent from four consecutive regular meetings of the governing authority, except if granted a leave of absence by the council; or if he is adjudged incompetent or is convicted of malfeasance in office, or of a felony, or any violation of election laws.

Page 3881

The council shall appoint a qualified person to fill any such vacancy in the office of councilman for the remainder of the unexpired term. At no time shall there be more than one council member so appointed holding office; and if a vacancy occurs on the council with one member so appointed on the council, a special election shall be held within a period of 45 days after the office becomes vacant pursuant to a call of a special election as provided by this charter; however, if a special election is called pursuant to this charter, the vacancy previously filled by appointment as well as the existing vacancy shall be filled for the unexpired terms in a special election. Provided, however, if a regular election for the city shall be held within three (3) months after the second vacancy occurs, the first vacancy previously filled by appointment and the second vacancy shall be filled for the unexpired terms at such regular election. In the event a vacancy should occur in the office of the mayor, a special election shall be called and held in the manner prescribed by the Georgia Municipal Election Code (Title 34A, Code of Ga. 1933) as it now exists or may hereafter be amended. Section 2.09. Compensation and Expenses. Be it further enacted that the council may determine the salary of the mayor and councilmen by ordinances, provided that salary changes enacted shall not become effective until the expiration of a period of six months after such change. Each councilman and the Mayor, when authorized by the council and upon presentation of itemized vouchers shall receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.10. City Clerk. Be it further enacted, that the council shall appoint a city clerk who shall be ex-officio treasurer. He shall be responsible for keeping and preserving the city seal and all records of the council; attending meetings of the council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the vote of each member on each

Page 3882

question, each motion considered, and the text of each resolution or ordinance considered; preparing and certifying copies of official records in his office, for which fees may be prescribed by ordinance; and performing such other duties as may be required by the council or mayor. The mayor and council shall require the clerk-treasurer, before entering upon discharge of his duties to give good and sufficient bond in amount to be decided by the mayor and council, but not less than $2,500.00, said bond payable to the City of Cave Spring, for the faithful performance of his duties and to secure against corruption, malfeasance, misappropriations or unlawful expenditures. Said surety bond shall be obtained from a surety company licensed to do business in the State of Georgia and approved by the mayor and council, and the premium thereon shall be paid by the city. Section 2.11. City Legislation. Be it further enacted, that any action of the council, having a regulatory or penal effect or required to be done by ordinance under this act, shall be done only by ordinance. Each resolution and ordinance shall be in written form before being introduced. The affirmative vote of at least three members of the council shall be required to pass any resolution or ordinance. After adoption of ordinances, the city clerk shall number ordinances consecutively, in the order of their final adoption, and shall copy them into a permanent record book used solely for this purpose; and the city clerk shall do likewise for resolutions, using a separate series of numbers and a separate record book. The original copies of all ordinances, resolutions, and motions shall be filed and preserved by the city clerk. Section 2.12. Readings. Be it further enacted that no ordinance, except in the case of an emergency which shall be stated in the ordinance, shall be approved until it shall have been read at two consecutive council meetings not less than seven days apart.

Page 3883

ARTICLE III ORGANIZATION AND PERSONNEL Section 3.01. Organization. Be it further enacted, that the City government shall continue as presently organized, unless and until otherwise provided by ordinance. The council, by such ordinances, may establish, abolish, merge or consolidate offices, positions of employment, departments and agencies of the city; may provide that the same person shall fill a 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. Section 3.02. Administrative Duties of Mayor. Be it further enacted, that the mayor shall be the executive head of the city government, responsible for the efficient and orderly administration of the city's affairs. He shall be responsible for the enforcement of laws, rules and regulations, ordinances and franchises in the city; and the city attorney shall take such legal action as the mayor may direct for such purposes. He may conduct inquiries and investigations into the conduct of the city's affairs and shall have such powers and duties as may be provided by ordinance not inconsistent with this charter. Section 3.03. City Attorney. Be it further enacted, that the Mayor and council shall appoint a city attorney, together with such assistant city attorneys as may be authorized by ordinance. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a part; may be the prosecuting officer in the recorder's court, shall attend the meetings of the council as directed; shall advise the council, mayor, and other officers and employees of the city, concerning legal aspects of the city's affairs. Section 3.04. Oath of Office. Be it further enacted, that before a person takes any office in the city government, he shall take before an officer of the State, authorized to administer oaths, the following such oath or affirmation:

Page 3884

I solemnly swear (or affirm) that I will support the Constitution of the United States and of the State of Georgia; that I will in all respects, observe the provisions of the charter and ordinances of the City of Cave Spring, and I will faithfully discharge the duties of the office of So help me God. Section 3.05. Political Activity Prohibited. Be it further enacted, that no officer or employee of the city, other than the Mayor and councilmen shall continue in the employment of the city after becoming a candidate for nomination of election to any city office. Section 3.06. Personal Financial Interest. Be it further enacted, that any city officer or employee who has a financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract with the city or in the sale of any land, material, supplies or services to the city or to a contractor supplying the city shall make known that interest by announcement at a council meeting or in writing to the city clerk and shall refrain from voting upon or otherwise participating in his capacity as a city officer or employee in the making of such sale or in the making or performance of such contract. Any city officer or employee who wilfully conceals such financial interest or wilfully violates the requirements of this section shall upon conviction be guilty of malfeasance in office or position and shall forfeit his office or position. Violation of this section with the knowledge express or implied of the person or corporation contracting with or making a sale to the city shall render the contract or sale voidable by the mayor and council. Section 3.07. City Planning and Renewal. Be it further enacted, that the council may create and establish a planning commission pursuant to the provisions of general law as they now exist or as they may hereinafter be amended.

Page 3885

ARTICLE IV FISCAL ADMINISTRATION Section 4.01. Fiscal Year. Be it further enacted, that the fiscal year of the city government shall begin on the first day of July and shall end on the thirtieth day of June of each year, but a different fiscal year may be fixed by ordinance for the entire city government or for any utility. Said fiscal year shall constitute the budget year and the year for fiscal accounting and reporting of every office, department, agency and activity of the city government, unless otherwise provided by law. Section 4.02. Mayor to Submit Annual Budget. Be it further enacted, that on or before a date fixed by the council, but not later than forty-five days prior to the beginning of each fiscal year, the Mayor shall submit to the council a proposed operating budget for the next fiscal year, showing separately for the general funds, each utility, and each other fund the following: (a) the revenue and expenditure during the preceding fiscal year, (b) appropriations and estimated revenue and expenditures for the current fiscal year, (c) Estimated revenue and recommended expenditures for the next fiscal year, (d) a comparative statement of the assets, liabilities, reserves, and surplus at the end of the preceding fiscal year and estimated assets, liabilities, reserves and surplus at the end of the current fiscal year, and (e) such other information and data, as may be considered necessary by the mayor and council. Section 4.03. Action by Council on Budget. Be it further enacted, that before the beginning of the ensuing fiscal year, the council shall adopt an appropriate ordinance, based on the mayor's budget, with such modifications as the council considers necessary or desirable. Appropriations need not be in more detail than a lump sum for each department, office, and agency unless otherwise directed by the council. The council shall not make any appropriations in excess of estimated revenue, except to provide for an actual emergency threatening the health, property, or lives, safety or general welfare of the inhabitants of the city;

Page 3886

provided the council unanimously agrees that there is such an emergency. If conditions prevent the adoption of an appropriation ordinance before the beginning of the new fiscal year, the appropriations for the last fiscal year shall become the appropriations for the new fiscal year, subject to amendment as provided by ordinance specifically passed for such purpose. Section 4.04. Additional Appropriations. Be it further enacted, that the council may make appropriations in addition to those contained in the current operating budgets, at any regular or special meeting called for such purpose, but any such additional appropriation may be made only for an existing unappropriated surplus in the fund to which it applies. Section 4.05. Lapse of Appropriations. Be it further enacted, that all unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made. Section 4.06. Capital Improvements Budget. Be it further enacted, that (a) on or before a date fixed by the council but not later than forty-five days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed capital improvements budget with his recommendations as to the means of financing such improvements. The council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such projects are included in the capital improvements budget, except to meet a public emergency threatening the lives, health or property of the inhabitants, when passed by four-fifths vote to the membership of the council. Such capital improvements budget may be revised and extended each year with regard to the capital improvements still pending or in the process of construction or acquisition.

Page 3887

(b) Before the beginning of the ensuing fiscal year, the council shall adopt an appropriate ordinance based on the proposed capital improvements budget, with such modifications as the council considers necessary or desirable. No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned, provided the mayor may submit amendments to the capital improvements budget at any time during the fiscal year. Any such amendments to the capital improvements budget shall become effective only upon adoption by a majority vote of the council. Section 4.07. Sale of City Property. Be it further enacted, that the mayor and council may sell any city property which is obsolete, surplus or unusable at public or private sale, with or without advertisement; and for such consideration as the mayor and council shall deem equitable and just to the city. Section 4.08. Annual Audit. Be it further enacted, that the mayor and council shall employ a public accountant or certified public accountant to make an annual audit of all financial books and records of the city. The accountant shall file his report with the mayor and council and shall prepare a summary of the report which shall be furnished or made available to the mayor and every councilman. Section 4.09. Publication of Financial Statement. Be it further enacted, that as soon as practicable after the close of the fiscal year, but within six months after the close thereof, the mayor and council shall cause to be published in a local newspaper, a statement of financial condition which shall contain a statement of revenues and expenditures showing all municipal accounts as of the close of such preceding fiscal year. Such statement of financial condition shall be prepared so as to fairly represent the general financial condition of the city, as of the close of the preceding fiscal year. Section 4.10. Property Taxes. Be it further enacted, that all property subject to taxation for state or county purposes,

Page 3888

assessed as of January 1, in each year, shall be subject to a property tax levied by the city. All property subject to taxation in the city shall be returned for taxes each year on or before April 1. If such return is not made, the mayor and council is authorized to assess a penalty of not more than ten percent (10%) of the taxes due on said property. Taxes shall be due on October 1 of each year and shall become past due or delinquent if not paid on or before December 20, of each year. The council by ordinance may elect to use the county assessment for the year in which city taxes are to be levied, or may provide for an independent city evaluation or assessment as provided by Georgia law. If an independent city assessment is made, a board of equalization, consisting of three freeholders of the city appointed by the mayor and council, with compensation fixed by ordinance, shall hear appeals of taxpayers taken within ten days after the city clerk has sent a notice, by ordinary mail, of a new or increased assessment; provided that such notice shall not be required, nor may appeals be taken, in the case of initial city assessments that are the same as county assessments. Except as otherwise provided in this section, appeals involving city property assessments may be taken as now or as may hereinafter be provided by general law. Section 4.11. Tav Levy. Be it further enacted, that the council shall make a tax levy, expressed as a fixed millage rate per $100.00, but not in excess of an aggregate of 20 mills, of assessed valuation. Section 4.12. Tax Due Date and Tax Bills. Be it further enacted, that the due date of property taxes shall be October 1, of each year. The city shall send tax bills to taxpayers, showing the assessed valuations, amount of taxes due, tax due dates and information as to delinquency dates and penalties. Failure to send tax bills shall not, however, invalidate any tax. Property taxes shall become delinquent if not paid on or before December 20, of each year, at which time a penalty of ten percent (10%) in addition to a fi fa charge shall be added and thereafter such taxes shall be subject to interest at the rate of seven (7%) per annum, from the due date until paid. On and after the

Page 3889

date when such taxes become delinquent, the tax records of the city shall have the force and effect of a judgment of a court or record. Said city shall have the right, power and authority to provide by ordinance for the return of all real and personal property for taxation, to provide for the compelling of such return, and to provide penalties for failure to do so; to double tax defaulters, after a due notice and hearing to be prescribed by the mayor and council, for the current or any previous year, not in any conflict with any limitation prescribed by the laws of Georgia; to prescribe the time or times at which said returns are due; to provide the time or times when said taxes shall be due and payable. Section 4.13. Collection of Delinquent Taxes. Be it further enacted, that the council may provide by ordinance for the collection of delinquent taxes by fi fa issued by the city clerk and executed by the Chief of Police under the same procedure provided by laws governing execution of such process from the superior court, or by the use of any other available legal processes and remedies. A lien shall exist against all property on which city property taxes are levied, as of the assessment day of January 1 of each year, which shall be superior to all other liens except that it shall have equal dignity with those for Federal, state or county taxes. Section 4.14. Transfer of Executions. Be it further enacted, that the city clerk of the City of Cave Spring shall be authorized to transfer and assign any fi fa or execution issued for street, sewer, or any other assessment in the same manner, upon the same terms, and to the same effect, and thereby vest the purchaser or transferee, with the same rights as in cases of sales or transfers of tax fi fas as now provided by law; and all sales of property hereafter made under execution in behalf of the city for the collection of street, sewer and other assessments, the owner or owners, as the case may be, are authorized to redeem same within the same time and on compliance with the same terms and payment of the same premium, interest and costs, as in cases of redemption of property where sold under State or

Page 3890

county ad valorem tax fi fa, as the same now exists, or as may from time to time be provided by law. Section 4.15. Special Assessments. Be it further enacted, that the council may assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing gutters, sewers, or other utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates, and shall thereupon be subject, in addition to fi fa charges, to a penalty of ten percent (10%) and shall thereafter be subject to interest at the rate of seven percent (7%) per annum from due date until paid. A lien for such amount plus fi fa charges, interest and penalties, shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided in this article for city property taxes. ARTICLE V ELECTIONS Section 5.01. Regular Elections. Time for holding and taking office. Be it further enacted that the regular election for mayor and councilmen, or councilmen, shall be held on the second Tuesday in January of each year. Officials elected at any regular election shall take office at the first regular meeting of the mayor and council in February next following such election. Section 5.02. Qualification of Candidates. Be it further enacted, that any person desiring to become a candidate in any regular or special election, shall file written notice of his candidacy with the city clerk not less than fifteen (15) days prior to the date fixed for the holding of any such election. His notice of candidacy shall be accompanied by such qualification fee, if any, as may be required by

Page 3891

ordinance, provided however such qualification fee shall not exceed $50.00. Section 5.03. Qualification of Electors. Be it further enacted, that any person meeting the qualifications of an elector of members of the General Assembly under State law who has been a bona fide resident of the City of Cave Spring for ninety days next preceding the election in which he desires to vote, shall be qualified to register as an elector in any city election held under this charter. Section 5.04. Applicability of General Laws. Be it further enacted, that except as otherwise provided by this charter, the election of all officials of the City of Cave Spring where provision is made for election by the qualified voters thereof, shall be conducted as to primary, special or general elections in conformity so far as applicable with the provisions of the Georgia Municipal Election Code and Title 34A of the Code of Georgia of 1933 as it now exists or may hereafter be amended. Section 5.05. Time of ElectionBallots. Be it further enacted, that the polls shall be opened from 7 o'clock a.m. to 7 o'clock p.m. Section 5.06. Place of Elections. Be it further enacted, that the polling place or places for holding elections shall be prescribed by the mayor and council and shall be published in the election notice as required by law. Section 5.07. Voter Registration. Be it further enacted, that in all elections held in the City of Cave Spring, whether primary elections, special or general elections, the voters, in addition to the qualifications already prescribed, shall be registered as may be prescribed by ordinance. Section 5.08. Rules. Be it further enacted, that the mayor and council are hereby authorized to enact by ordinance such additional rules consistent with this charter and general laws as are deemed necessary for the conduct of elections.

Page 3892

Section 5.09. Absentee Ballots. Be it further enacted that the mayor and council in its discretion is authorized to provide by ordinance for absentee ballots for any city election. Section 5.10. Special Elections, Call. The governing authority shall issue the call for any special election; and in the event of a vacancy to be filled in a special election, the governing authority shall issue the call within ten days after such vacancy occurs. ARTICLE VI RECORDER'S COURT Section 6.01. Creation. Be it further enacted that there is hereby established a court to be known as the Recorder's Court, City of Cave Spring which shall have jurisdiction and authority to try offenses against laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for non-attendance, and to punish also any person who may counsel or advise, aid, encourage, or to persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the City of Cave Spring constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof; to establish bail and recognizances to insure the presence of those charged with violations and may prescribe the conditions of forfeiture of the same; and to administer oaths and perform all other acts necessary and proper to the conduct of said court. The presiding officer of such court shall be known as the recorder. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. The court shall sit at a place designated by the council.

Page 3893

Section 6.02. Recorder. Be it further enacted, that (a) no person shall be qualified or eligible to serve as recorder unless he shall have attained the age of 21 years, shall be qualified to vote in Cave Spring, and Floyd County, and shall have resided therein at least one year immediately preceding his election. The recorder shall be appointed by the mayor and council, and shall serve at the discretion of the mayor and council. The compensation of the recorder shall be fixed by the mayor and council. Nothing herein shall disqualify the mayor or any councilman from serving as recorder or recorder pro-tem. (b) Before entering on duties of his office, the recorder shall take an oath before an officer duly authorized to administer oaths in this state, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor or partiality. This oath shall be entered upon the minutes of the meeting of the mayor and council. Section 6.03. Jurisdiction. Be it further enacted, that the recorder shall have power to impose fines, costs and forfeitures for the violation of any law or ordinance of the City of Cave Spring passed in accordance with this charter, to an amount not to exceed two hundred dollars ($200.00), to imprison offenders for a period of not more than sixty (60) days, or at labor on the roads and streets or other public works of said city for not more than sixty (60) days; and the said recorder shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said recorder shall not have the authority to inflict a greater punishment for contempt than to impose a fine of one hundred dollars ($100.00) or imprisonment not exceeding twenty days (20); or any combination of the two. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of Cave Spring which warrants may be executed by any officer of said city, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said city. The

Page 3894

recorder's court shall also have concurrent jurisdiction with that of the justice of the peace over offenses against the criminal laws of the State committed within the corporate limits. Except as may be herein otherwise specified, the recorder is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the City of Cave Spring. The recorder's court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits granted by State laws generally to mayors, and recorders, and police courts, and particularly such laws as authorize the abatement of nuisances. Said recorder is hereby authorized to administer oaths. Section 6.04. Right of Appeal. Be it further enacted, that the right of appeal to the Superior Court of Floyd County from the recorder's court shall lie in the same manner and under the same procedure as generally prescribed for appeals from the Court of Ordinary. An appeal to the Superior Court shall be a de novo proceeding. Section 6.05. Court Costs. Be it further enacted, that in all cases in the recorder's court of the City of Cave Spring, the costs incurred and allowable herein may be computed under the provisions of the laws of the State of Georgia fixing costs in the justice of the peace courts of said State, or the city council may establish a schedule of fees to defray the costs of operation and the city shall be entitled to reimbursement of the costs, meals, transportation, and caretaking of prisoners bound over to the Superior Court for violations of State law. The council may also provide a uniform scale of costs of the clerk and police officers of said city for all services in the arrest and prosecution of offenders in the recorder's court and in the issuance and collection of tax and other executions; and for their collections and payment into the city treasury. The recorder, or the city clerk in the recorder's name, is hereby authorized to issue subpoenas to compel the attendance of witnesses to said recorder's court, and to issue such other processes as may be necessary to the proper administration of said court.

Page 3895

Section 6.06. Rules for Court. Be it further enacted, that with the approval of the council, the recorder shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the business of said court; provided, however, that the mayor and council may adopt in part or in toto the rules and regulations relative to the procedures to the operation of the Superior Courts under the general laws of the State of Georgia. ARTICLE VII SEVERABILITY Section 7.01. Severability. Be it further enacted, that in the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of so full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. ARTICLE VIII REPEALER Section 8.01. Repealer. Be it further enacted, that all laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to create a new charter for the City of Cave Spring, Georgia, and for other purposes, being an act to amend and replace an act of the General Assembly of Georgia,

Page 3896

approved August 14, 1920 (Ga. L. 1920, p. 818), and the acts amendatory thereof, entitled New Charter for City of Cave Spring. This 13th day of January, 1969. Charles Graves Representative, 9th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Charles Graves who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of notice of intention to introduce local legislation was published in the Rome News-Tribune which is the official organ of Floyd County, on the following dates: January 15th, 22nd, 29th, 1969. /s/ Charles Graves Representative, 9th District Sworn to and subscribed before me, this 11th day of March, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved April 28, 1969. BOARDS OF COUNTY COMMISSIONERS IN CERTAIN COUNTIES (23,050-23,750). No. 635 (House Bill No. 908). An Act to require the chairman of the board of commissioners of all counties with populations of not less than 23,050 nor more than 23,750, according to the 1960 Federal

Page 3897

Decennial Census, or any future such census, to effectuate all actions approved by a majority of the members of said board; to provide that in such counties, disbursements may be made on checks signed by the vice-chairman of the board of commissioners and one other member, provided that such disbursement receives prior approval of a majority of the members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The chairman of the board of commissioners in all counties with populations of not less than 23,050 nor more than 23,750, according to the 1960 Federal Decennial Census, or any future such census, shall effectuate all actions approved by a majority of the members of said board. Duties of chairman. Section 2. In all such counties, disbursements may be made on checks signed by the vice-chairman of the board of commissioners and one other member, provided that each such disbursement shall have the prior approval of a majority of the members of the board of commissioners. Disbursements. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. COMPENSATION OF PERMANENT EMPLOYEES OF CERTAIN COUNTIES (120,000-140,000). No. 636 (House Bill No. 911). An Act to provide additional compensation for all permanent employees of certain counties whose compensation is fixed by the General Assembly; to provide for the

Page 3898

authorization of the governing authorities of certain counties to adjust all permanent county employee salaries within certain specified limits; to exclude from the provisions of the Act all elected officials of such counties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties in this State having a population of not less than 120,000 nor more than 140,000, according to the 1960 United States decennial census or any such future census, the compensation of all permanent county employees whose salary is fixed by the General Assembly and who have been in the employment of the county for at least 12 months shall be increased by the rate of $30.00 per month for each employee, effective April 1, 1969. The compensation of all permanent part-time county employees whose salary is fixed by the General Assembly and who have been in the employment of the county for at least 12 months shall be increased by the rate of $15.00 per month for each employee, effective April 1, 1969. Section 2. The governing authorities of all such counties, as set forth in section 1 of this Act, shall be authorized to expend the sum of not more than $25,000 during the 1969 fiscal year of such counties for the purpose of adjusting the compensation of all permanent county employees whose compensation is fixed by the General Assembly. Section 3. Nothing contained within this Act shall apply to any elected official of any such county. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969.

Page 3899

COMPENSATION OF ELECTED OFFICIALS OF CERTAIN COUNTIES (120,000-140,000). No. 637 (House Bill No. 912). An Act to fix the compensation of certain elected officials in certain counties; to provide the procedure connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Notwithstanding any other provisions of law to the contrary, in all counties of this State having a population of not less than 120,000 nor more than 140,000, according to the 1960 United States decennial census or any such future census) the following elected county officials shall receive the following annual salaries: (a) Sheriff $15,600 (b) Ordinary $13,800 (c) Clerk of the Superior Court $12,000 (d) Municipal Court Judge $13,800 (e) Associate Municipal Court Judge $10,800 (f) City Court Judge $13,800 (g) Solicitor of the City Court $10,800 (h) Coroner $ 6,720 (i) Treasurer $11,280 (j) Tax Commissioner $12,000 (k) Chairman of the Board of Commissioners $ 6,000 (l) County Commissioners $ 3,600

Page 3900

Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. CORONERSCOMPENSATION IN CERTAIN COUNTIES (7,500-7,900), REFERENDUM No. 638 (House Bill No. 919). An Act to provide compensation for the coroner of each county having a population of not less than 7,500 and not more than 7,900 according to the United States Decennial Census of 1960 or any future such census; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In each county of this State having a population of not less than 7,500 and not more than 7,900 according to the United States Decennial Census of 1960 or any future such census, the coroner shall be compensated in the amount of $50.00 per month in lieu of all other compensation or fees, commissions, emoluments and perquisites of whatever kind. Section 2. Not less than 15 nor more than 20 days after the approval of this Act by the Governor or after the date it becomes law without his approval, it shall be the duty of the ordinary of each such county to issue the call for an election for the purpose of submitting this Act to the voters of such county for approval or rejection. The ordinary shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. Such date shall be the same date which he sets for a referendum, if any, relative to the salary of

Page 3901

the clerk of the superior court of any such county. The ordinary 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 such county. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act providing for the compensation of the coroner be approved? Referendum. All persons desiring to vote for approval of the Act shall vote Yes. All persons desiring to vote against approval of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect on the first day of the month following the month in which the election is held, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by such county. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the laws governing special elections. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. SALARIES, ETC. OF SHERIFFS' EMPLOYEES IN CERTAIN COUNTIES (135,000-140,000). No. 639 (House Bill No. 920). An Act to amend an Act changing from the fee to the salary system certain county officers of certain counties in this State, approved March 28, 1961 (Ga. L. 1961, p. 2688), as amended by an Act approved April 12, 1963

Page 3902

(Ga. L. 1963, p. 3516), an Act approved March 7, 1966 (Ga. L. 1966, p. 3301), an Act approved April 11, 1967 (Ga. L. 1967, p. 3032), and an Act approved March 21, 1968 (Ga. L. 1968, p. 2654), so as to change the compensation and certain job titles of the employees in the sheriff's office; to provide for additional employees and for their compensation; to provide for annual increases in compensation; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing from the fee to the salary system certain county officers of certain counties in this State, approved March 28, 1961 (Ga. L. 1961, p. 2688), as amended by an Act approved April 12, 1963 (Ga. L. 1963, p. 3516), an Act approved March 7, 1966 (Ga. L. 1966, p. 3301), an Act approved April 11, 1967 (Ga. L. 1967, p. 3032), and an Act approved March 21, 1968 (Ga. L. 1968, p. 2654), is hereby amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. On and after the date of approval of this Act the sheriff's deputies and assistants in all such counties shall consist of the following: all of whom shall be named from time to time by the sheriff and all and each of whom shall serve as such at the will of the sheriff and be discharged by such sheriff without any claim to any unearned salary or salaries; and the salaries of such deputies and assistants shall be fixed by the sheriff from time to time at an amount not to exceed the following: 1 Chief Deputy $732.70 per month 1 Major $632.70 per month 1 Chief Criminal Investigator $539.50 per month 2 Captains $539.50 per month 1 ID Fingerprint Expert $531.00 per month 3 Civil Deputies $531.10 per month 5 Lieutenants $518.50 per month 16 Criminal Investigators $518.50 per month 1 Chief Jailer $518.50 per month 46 Patrol Deputies $487.00 per month 2 Bookkeepers (1 Jail, 1 Office) $445.00 per month 1 Secretary $445.00 per month 10 Assistant Jailers Turnkeys $403.00 per month 9 Clerk-Dispatchers $403.00 per month 1 Mechanic Helper $415.00 per month 1 Office Clerk $387.25 per month 3 Office Clerks $340.00 per month 3 Matrons $321.00 per month

Page 3903

The salary of the above employees shall be increased annually by 3% beginning January 1, 1970, not exceeding 54 months of ingrade raises; provided, however, such increases shall apply only to those employees who, at the time of such increases, have at least one year of service. No credit for prior service shall be granted. No credit for service shall be granted for any time during which a person was not actually employed by the sheriff's department and received compensation therefor in one of the positions for which such increases are authorized herein. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969.

Page 3904

JUVENILE COURTSJUDGES SALARIES IN CERTAIN COUNTIES (49,000-49,500). No. 640 (House Bill No. 927). An Act to fix the salaries of the judges of juvenile courts in counties having a population of not less than 49,000 nor more than 49,500 according to the United States Census of 1960 or any future such census; to provide for payment out of the county treasury; 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. In all counties having a population of not less than 49,000 nor more than 49,500 according to the United States Census of 1960 or any future such census, the salaries of the judges of the juvenile courts shall be not less than $400.00 per month nor more than $1,000.00 per month, said salaries to be fixed by the judge of the superior court, with the prior approval and consent of the board of commissioners, or other authority having control of the fiscal affairs, of such counties. Such salaries shall be payable out of the county treasury of such county. Section 2. This Act shall become effective immediately upon the expiration dates of the present fixed terms being served by the present judges of the juvenile courts affected, or upon the death, resignation or removal of the present judges of the juvenile courts affected, whichever shall occur first. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969.

Page 3905

GLYNN COUNTYCHIEF JAILER. No. 641 (House Bill No. 928). An Act to amend an Act placing the sheriff of Glynn County on a salary basis in lieu of a fee basis, approved March 17, 1960 (Ga. L. 1960, p. 2806), as amended by an Act approved March 3, 1962 (Ga. L. 1962, p. 2740), an Act approved March 10, 1964 (Ga. L. 1964, p. 2577), an Act approved March 24, 1965 (Ga. L. 1965, p. 2515), an Act approved April 13, 1967 (Ga. L. 1967, p. 3053), and an Act approved April 10, 1968 (Ga. L. 1968, p. 3536), so as to authorize the sheriff to designate the chief jailer; to change the chief jailer's compensation; 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 placing the sheriff of Glynn County on a salary basis in lieu of a fee basis, approved March 17, 1960 (Ga. L. 1960, p. 2806), as amended by an Act approved March 3, 1962 (Ga. L. 1962, p. 2740), an Act approved March 10, 1964 (Ga. L. 1964, p. 2577), an Act approved March 24, 1965 (Ga. L. 1965, p. 2515), an Act approved April 13, 1967 (Ga. L. 1967, p. 3053), and an Act approved April 10, 1968 (Ga. L. 1968, p. 3536), is hereby amended by striking from section 2 the following: He is authorized to appoint three jailers, each of whom shall be compensated in the amount of $4,500.00 per annum, to be paid in equal monthly installments from the funds of Glynn County., and inserting in lieu thereof the following: He is authorized to appoint three jailers, one of whom he shall designate as the chief jailer. The chief jailer shall be compensated in the amount of $4,800.00 per annum. The other two jailers shall be compensated in the amount of $4,500.00 per annum. Such compensation shall be paid in

Page 3906

equal monthly installments from the funds of Glynn County., so that when so amended, section 2 shall read as follows: Section 2. The sheriff is hereby authorized to appoint a chief deputy, who shall be compensated in the amount of $3,750.00 per annum, to be paid in equal monthly installments from the funds of Glynn County. He is authorized to appoint a senior deputy, who shall be compensated in the amount of $3,300.00 per annum, to be paid in equal monthly installments from the funds of Glynn County. He is authorized to appoint five (5) additional deputies, three (3) of whom shall be compensated in the amount of $2,700.00 per annum, and two (2) of whom shall be compensated in the amount of $2,400.00 per annum, to be paid in equal monthly installments from the funds of Glynn County. He is authorized to appoint an office deputy, who shall also serve as clerk of the sheriff's office, who shall be compensated in the amount of $2,400.00 per annum, to be paid in equal monthly installments from the funds of Glynn County. The salaries herein mentioned for deputy sheriffs, including the chief deputy, senior deputy, and office deputy, shall be in addition to the salaries paid to the deputy sheriffs of the City Court of Brunswick, even though the same persons serve as deputy sheriffs both of the City Court of Brunswick and of Glynn County. He is authorized to appoint three jailers, one of whom he shall designate as the chief jailer. The chief jailer shall be compensated in the amount of $4,800.00 per annum. The other two jailers shall be compensated in the amount of $4,500.00 per annum. Such compensation shall be paid in equal monthly installments from the funds of Glynn County. He is authorized to employ a cook for the jail, who shall be compensated in the amount of $2,400.00 per annum, to be paid in equal monthly installments from the funds of Glynn County. The car allowance set forth in Section 2A hereof shall apply to the sheriff and deputy sheriffs without regard to the date of commencement of such officer's service in the sheriff's department. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Page 3907

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff of Glynn County on a salary basis in lieu of a fee basis, approved March 17, 1969 (Ga. L. 1960, p. 2806), as amended, so as to authorize the sheriff to designate the chief jailer; to change the chief jailer's compensation; to provide an effective date; and for other purposes. This the 26th day of February, 1969. /s/ Edward B. Liles Glynn County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Richard M. Scarlett who, on oath, deposes and says that he is Representative from the 67th District, and that the attached copy of notice of intention to introduce local legislation was published in The Brunswick News which is the official organ of Glynn County, on the following dates: March 1, 6, and 10, 1969. /s/ Richard M. Scarlett Representative, 67th District Sworn to and subscribed before me, this 12th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 28, 1969.

Page 3908

CITY COURT OF BRUNSWICKNAME CHANGED TO CIVIL AND CRIMINAL COURT OF GLYNN COUNTY, ETC. No. 642 (House Bill No. 930). An Act to amend an Act creating the City Court of Brunswick, approved March 9, 1943 (Ga. L. 1943, p. 702), as amended, so as to change the name of said court; to change the date relating to the election of the judge; to provide an additional deputy clerk; to provide the compensation of the additional deputy clerk; to provide for paying certain court costs; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the City Court of Brunswick, approved March 9, 1943 (Ga. L. 1943, p. 702), as amended, is hereby amended by striking therefrom, wherever the same shall appear, the words City Court of Brunswick and substituting in lieu thereof the words Civil and Criminal Court of Glynn County. Name. Section 2. The change in the name of said court accomplished by the provisions of section 1 of this Act is not intended to have any effect whatesoever upon the constitutional status, jurisdiction, personnel, practice and procedure and other related matters of said court, and in regard to such matters section 1 shall have no effect whatsoever. Section 1 is intended solely to effect a change in the name of said court so that henceforth, said court shall be known as the Civil and Criminal Court of Glynn County. Intent. Section 3. Said Act is further amended by striking the second paragraph of section 4 and inserting in lieu thereof a new paragraph to read as follows: The judge of said court shall not engage in the practice of law while holding office as such judge. Any judge of said court in office at the time, including the first judge appointed

Page 3909

hereunder and any judge appointed to fill an unexpired term in such office, shall be entitled to offer to remain in office by running against his record. In the event said judge so elects, between 90 and 135 days prior to the date of the primary election held in the year in which his term of office expires, said judge shall file a written statement with the ordinary of said county stating that he elects to remain in office and requesting the ordinary to call an election on the date of the primary election of such year, at which time said judge shall offer for reelection without opposition. Upon such statement being filed with the ordinary of said county, said ordinary shall publish in the official organ of the County of Glynn at least once a week for two successive weeks before the week of the election a notice setting out that said judge elects to remain in office and that an election to determine whether or not said judge shall remain in office shall be held on the date of such primary election. The ordinary shall have printed a sufficient number of ballots for said election and shall hold said election on the date fixed by this Section. Said ballot shall show the name of the judge who offers to remain in office, and shall contain the following: Shall this Judge remain in office () and immediately thereunder Shall this Judge be retired (). In said election all persons who are qualified to vote for Representatives in the General Assembly shall be entitled to vote whether to retain said judge in office or to retire him. If a majority of such voters who vote in said election shall cast their ballots to retain said judge in office he shall remain therein for another term of four years. If said judge should elect not to remain in such office or if he should be retired therefrom in said election, the ordinary of said county thereupon shall call an election for a judge of said court for the next ensuing term. Such election shall be held on the date of the next general election. The ordinary shall publish in the official organ of the County of Glynn at least once a week for two successive weeks at least 30 days prior to the general election, a notice setting out that the judge of said court has elected not to remain in office or has been retired by the voters of Glynn County, that the election for such successor shall be held at the next general election, and that all persons who

Page 3910

desire to offer for such office shall qualify with the ordinary by filing a written declaration of candidacy at least 20 days prior to the general election. In the election called by said ordinary the voters who are qualified to vote for Representatives in the General Assembly shall be entitled to cast their ballots for one of the persons who qualify. The one of such persons who receives a majority of the votes cast in said election, in the event only two persons qualify, shall be elected as judge of said court for the ensuing term, and the one of such persons who receives a plurality of the votes cast in said election, in the event more than two persons qualify, shall be elected as judge of said court for the ensuing term. Election of judge, etc. Section 4. Said Act is further amended by striking from section 11 the following: There shall be two (2) other deputy clerks, and the deputy clerk with the longer period of service shall be paid a salary of $4,050.00 per annum and the deputy clerk with the shorter period of service shall be paid a salary of $3,900.00 per annum., and inserting in lieu thereof the following: There shall be three (3) other deputy clerks, and the deputy clerk with the longest period of service shall be paid a salary of $4,650.00 per annum, the deputy clerk with the next longest period of service shall be paid a salary of $4,500.00 per annum, and the deputy clerk with the shortest period of service shall be paid a salary of $4,200.00 per annum., Deputy clerks. so that when so amended, section 11 shall read as follows: Section 11. The clerk of said court shall be paid a salary in the amount of $6,600.00 per annum. The chief deputy clerk shall be paid a salary in the amount of $4,800.00 per annum. There shall be three (3) other deputy clerks, and the deputy clerk with the longest period of service shall be paid a salary of $4,650.00 per annum, the deputy clerk with the next longest period of service shall be paid a salary

Page 3911

of $4,500.00 per annum, and the deputy clerk with the shortest period of service shall be paid a salary of $4,200.00 per annum. The chief deputy clerk shall be charged with the responsibility of keeping the official records of the court and shall also act as secretary to the judge and shall be appointed by the judge. The sheriff of said court shall be paid a salary in the amount of $5,400.00 per annum. His chief deputy shall be paid a salary of $3,750.00 per annum. The senior deputy sheriff shall be paid a salary of $3,300.00 per annum. There shall be three (3) additional senior deputy sheriffs, each of whom shall be paid a salary of $2,700.00 per annum. There shall be two (2) additional deputy sheriffs, hereby designated as junior deputy sheriffs, each of whom shall be paid a salary of $2,400.00 per annum. There shall be also an office deputy sheriff who shall act as clerk of the sheriff's office and who shall be paid a salary of $2,400.00 per annum. In addition to the salaries paid to said sheriff and his lawful deputies, they shall be paid all necessary and reasonable expenses which they incur in carrying out and performing the duties of their office. All of said salaries shall be paid in equal monthly installments out of the treasury of Glynn County. Salaries so paid shall be in full compensation of all services of whatever kind and nature rendered by said clerk, said sheriff, and said deputies, and shall be in lieu of such fees as are now or hereafter allowed the sheriffs, clerks and deputies. All such fees and costs shall be paid over to the treasury of Glynn County. The car allowances set forth in section 11A hereof shall apply to the sheriff and deputy sheriffs without regard to the date of commencement of such officer's service in the sheriff's department. Section 5. Said Act is further amended by striking section 45 in its entirety and inserting in lieu thereof a new section 45 to read as follows: Section 45. (a) Each party filing a suit or proceeding in said court involving the principal sum of $200.00 or less shall deposit with the clerk of said court at the time of the filing or commencement of said proceeding the sum of $6.75 as costs of suit; provided, however, said deposit shall not be

Page 3912

required of any person who shall subscribe an affidavit to the effect that from poverty he is unable to pay the same, and provided, further, if the party making such deposit shall finally prevail in said suit or proceeding, the amount of said deposit shall be taxed as part of the costs against the losing party in said suit, and if recovered as against a losing party defendant, shall be refunded to the party deposit the same, after all costs have been paid. Court costs, etc. (b) Each party filing a suit or proceeding in said court involving the principal sum of more than $200.00 shall deposit with the clerk of said court at the time of the filing or commencement of said proceeding the sum of $15.00 as costs of suit; provided, however, said deposit shall not be required of any person who shall subscribe an affidavit to the effect that from poverty he is unable to pay the same, and provided, further, if the party making such deposit shall finally prevail in said suit or proceeding, the amount of said deposit shall be taxed as part of the costs against the losing party in said suit, and if recovered as against a losing party defendant, shall be refunded to the party deposit the same, after all costs have been paid. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to amend an Act creating the City Court of Brunswick, approved March 9, 1943 (Ga. L. 1943, p. 702), as amended, so as to change the name of said court; to change the date relating to the election of the judge; to provide an additional deputy clerk; to provide the compensation of

Page 3913

the additional clerk; to provide for paying certain court costs; to provide an effective date; and for other purposes. This the 26th day of February, 1969. /s/ Edward B. Liles Glynn County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Richard M. Scarlett who, on oath, deposes and says that he is Representative from the 67th District, and that the attached copy of notice of intention to introduce local legislation was published in The Brunswick News which is the official organ of Glynn County, on the following dates: March 1, 6 and 10, 1969. /s/ Richard M. Scarlett Representative, 67th District Sworn to and subscribed before me, this 12th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 28, 1969. EXPENSE ALLOWANCES FOR COUNTY COMMISSIONERS IN CERTAIN COUNTIES (34,250-35,350). No. 644 (House Bill No. 960). An Act to provide that the members of the board of county commissioners in certain counties shall be reimbursed for all necessary traveling expenses incurred when on county

Page 3914

business, including car mileage, whether inside or outside the county; to provide for the submission of vouchers for reimbursement; to provide that the failure to submit a voucher shall be proof that no reimbursable county business was incurred by said members; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties of this State having a population of not less than 34,250 and not more than 35,350, according to the United States decennial census of 1960 or any such future census, all members of the board of county commissioners in any such county shall be reimbursed for all necessary traveling expenses when on county business, including car mileage, whether inside or outside the county, to be fixed by any such board at its regular January meeting of each year hereafter and until then the rate shall be ten cents per mile from the effective date of this Act. All such expenses shall be payable from the funds of any such county, provided, however, that each member of any such board shall submit a voucher for any reimbursement claimed for necessary traveling expenses, including car mileage, incurred when on county business, at the regular monthly meeting of the board following the month in which said traveling expenses, including car mileage, were incurred, and upon the failure of any member of any such board to submit said vouchers as aforesaid, it shall be conclusively deemed that no reimbursable county business traveling expenses, including car mileage, were incurred by any such member during the preceding month. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969.

Page 3915

CITY OF HAWKINSVILLECORPORATE LIMITS, REFERENDUMS. No. 645 (House Bill No. 963). An Act to amend an Act creating a new charter for the City of Hawkinsville, approved December 18, 1902 (Ga. L. 1902, p. 446), as amended, so as to change the corporate limits of said city; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Hawkinsville, approved December 18, 1902 (Ga. L. 1902, p. 446), as amended, is hereby amended by adding between Sections 2A and 3 a new section to be numbered section 2B and to read as follows: Section 2B. In addition to that territory set forth above, the corporate limits of the City of Hawkinsville shall also include all those certain tracts or parcels of land situate, lying and being in the 4th and 12th Land Districts of Pulaski County, Georgia, comprising 870.4 acres in the aggregate, and being more particularly described according to a plat thereof made by Jake D. Harrell, Surveyor, Georgia License 109, the legend of which said plat provides as follows, `this plat represents a proposed extension of the city limit line in City of Hawkinsville, Pulaski County, Georgia. Existing city limit lines taken from a map prepared in 1965 by Heart of Georgia. All acres include highways and roads. 870.4 acres. Scale 1 equals 400 feet.', as follows, to-wit: TRACT NO. I. All that certain tract or parcel of land, situate, lying and being in the 4th Land District of Pulaski County, Georgia, consisting of 1.5 acres in Land Lot 194; 13.3 acres in Land Lot 195; 81.0 acres in Land Lot 222; 13.8 acres in Land Lot 223; 4.4 acres in Land Lot 226; and 23.3 acres in Land Lot 227; all lying in one body and being more particularly described as follows, to-wit: Beginning at a point formed by the intersection of the original west line of Land Lot 223 with the southeast margin of State

Page 3916

Highway 27, and run thence southwesterly, across the original south Land Lot line of Land Lot 194 and into the northeast quarter of Land Lot 195, along said margin of State Highway 27, 540 feet; thence run south 61 degrees east, 200 feet; thence run due south, 160 feet; thence run south 84 degrees east, across the original east Land Lot line of said Land Lot 195 and across the north half of said Land Lot 222, 3,030 feet; thence run south 45 degrees east, across the original east Land Lot line of said Land Lot 222, 980 feet to a point on the northwest margin of U. S. Highway 129 in Land Lot 227; thence run northeasterly along the northwesterly margin of said U. S. Highway 129, across the original north Land Lot line of said Land Lot 227, 2,480 feet to a point formed by the intersection of the said northwesterly margin of U. S. Highway 129 and Mile Branch; and thence run, in a generally northwesterly direction, along the meanderings of said Mile Branch and along the line of the existing city limits of the City of Hawkinsville, through the southwest quarter of Land Lot 226, the southeast quarter of Land Lot 223, the north half of Land Lot 222, and the southwest quarter of Land Lot 223, back to said point of beginning. TRACT NO. II: All that tract or parcel of land situate, lying and being in the 4th and 12th Land Districts of Pulaski County, Georgia, consisting of 144.1 acres in Land Lot 268, 75.5 acres in Land Lot 269, 24.9 acres in Land Lot 270, 55.7 acres in Land Lot 271, 168.20 acres in Land Lot 272, 18 acres in Land Lot 273, and 5.7 acres in Land Lot 281, all in the said 12th Land District; and 37.8 acres in Land Lot 192, 00.80 acres in Land Lot 191, 00.60 acres in Land Lot 195, 57 acres in Land Lot 194, and 144.8 acres in Land Lot 193, all in said 4th Land District, and all of said lands in both Land Districts lying in one body, and being more particularly described as follows: to-wit: Begin at the original northeast corner of said Land Lot 268 in the 4th Land District, and run thence due west, along the original north Land Lot line of said Land Lot 268, 2,760 feet to a point on the northeast margin of State Highway 247; thence run, across the northwest quarter of said Land Lot 268, South 54 degrees west, 1,010 feet; thence run south 40

Page 3917

degrees east, across said Land Lot 268 and into the northwest quarter of Land Lot 269, 2,870 feet; thence run south 3 degrees west, across Land Lot 269, 3,100 feet to a point on the original south Land Lot line of said Land Lot 269; thence run south 14 degrees east, across Land Lot 270 in the 12th Land District and continuing across the District line between the 12th Land District and the 4th Land District into Land Lot 192 in the 4th Land District, 3,750 feet to a point on the southeasterly margin of Broad Street; thence run south 28 degrees east, across the original south Land Lot line of said Land Lot 192 and across the northeast quarter of Land Lot 191 and across the original west Land Lot line of Land Lot 194 and across the original south Land Lot of Land Lot 194 and into the northwest quarter of Land Lot 195, 4,120 feet to a point formed by the intersection of this line with the existing line of the city limits of Hawkinsville; thence run in a generally northerly direction, along the meanderings of the existing line of the city limits of the City of Hawkinsville, across the original north Land Lot line of Land Lot 195 and across Land Lot 194 and across the original north Land Lot line of Land Lot 194 and across Land Lot 193 and across the original north Land Lot line of Land Lot 193 (which is the District Line between the 4th Land District and the 12th Land District) and across Land Lot 271 in the 12th Land District and across the original north Land Lot line of Land Lot 271 and into the southwest quarter of Land Lot 272, to a point where said city limit line merges with Town Creek; and thence run northeasterly along said Town Creek, across the original east Land Lot line of Land Lot 272, to a point where Town Creek intersects with the northeast margin of U. S. Highway 341. Return to said point of beginning, which is the original northeast corner of Land Lot 268 in the 12th Land District, and run thence due south, along the original east Land Lot line of said Land Lot 268, 1,990 feet; thence run south 54 degrees east, across the southwest quarter of Land Lot 273 and across the original south Land Lot line of Land Lot 273 and across the northeast quarter of Land Lot 272 and across the original east Land Lot line of Land Lot 272 and into the northeast quarter of Land Lot 281, 4,370 feet, more or less, to the

Page 3918

intersection of this line with said Town Creek; and thence run southwesterly along said Town Creek back to the point of intersection of said Town Creek with the northeast margin of U. S. Highway 341 in Land Lot 281. Section 2. It shall be the duty of the superintendent of elections of the City of Hawkinsville to issue the call for an election for the purpose of submitting to the electors of the City of Hawkinsville and the electors of Pulaski County residing within each of the respective tracts of land set forth in section 1 of this Act the question of whether said tracts shall be incorporated within the corporate limits of the City of Hawkinsville. The superintendent shall set the date of such election for October 14, 1969. The Superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Pulaski County. The ballots shall have written or printed thereon the words: For approval of the Act extending the corporate limits of the City of Hawkinsville. Referendum. Against approval of the Act extending the corporate limits of the City of Hawkinsville. All persons desiring to vote in favor of the incorporation of the area set forth in section 1 of this Act into the corporate limits of the City of Hawkinsville shall vote for approval, and those persons desiring to vote against such incorporation shall vote against approval. If more than one-half of the votes cast by the electors of Pulaski County residing within the area proposed to be incorporated by the provisions of section 1 of this Act are for approval, and if more than one-half of the votes cast on the question of the incorporation by the electors of the City of Hawkinsville are for approval, this Act shall become of full force and effect on January 1, 1970; otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Hawkinsville. It shall be the duty of the election superintendent of said city to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections,

Page 3919

except as otherwise provided herein. It shall be the duty of the superintendent to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Pulaski County: Notice is hereby given that I intend to introduce legislation in the 1969 Term, Georgia State Legislature, an act to amend an act establishing a charter for the City of Hawkinsville, Georgia, approved December 18, 1902, and all amendments thereto, to provide for the extension of the city limits of the said City of Hawkinsville, Georgia, so as to incorporate into said city property adjacent to its present city limits, to prescribe the corporate limits of the city of Hawkinsville, Georgia, and for other purposes. This February 17, 1969. John Henry Anderson, Jr. Representative, District 49, Post 2, Georgia Legislature Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John H. Anderson, Jr. who, on oath, deposes and says that he is Representative from the 49th District, and that the attached copy of notice of intention to introduce local legislation was published in the Hawkinsville Dispatch News which is the official organ of Pulaski County, on the following dates: February 19, 26 and March 5, 1969. /s/ John H. Anderson, Jr. Representative, 49th District

Page 3920

Sworn to and subscribed before me, this 10th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 28, 1969. CITY OF WARNER ROBINSCORPORATE LIMITS, REFERENDUM, ETC. No. 646 (House Bill No. 965). An Act to amend an Act incorporating the City of Warner Robins, approved March 5, 1943 (Ga. L. 1943, p. 1624), as amended, so as to extend the corporate limits of said city; to provide for a referendum; 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 Warner Robins, approved March 5, 1943 (Ga. L. 1943, p. 1624), as amended, is hereby amended by adding at the end of section 2 the following: In addition to the area embraced within the corporate limits of the City of Warner Robins as set forth above, the corporate limits of said city shall also embrace the following described tracts of land: TRACT No. I. Beginning at a point where Land Lots 119, 120, 141 and 142 in the Fifth Land District of Houston County corner, and from said point extend in a northerly direction along the west line of Land Lots 141 and 140 and continuing along the west line of Land Lot 139 for approximately 1500 feet to a point; thence extend in an easterly direction approximately 1500 feet to a point, which is also the southwest

Page 3921

corner of the Kinser Property, and from said point extend in a northerly direction along the west line of Kinser Property which is also the center of Land Lots 139 and 138 to a point, said point being the south line of Centerville-Elberta Road, and from said point continue in an easterly direction along the south line of Centerville-Elberta Road to a point approximately 1500 feet east of the west line of Land Lot 149, and from said point extend south to the north line of Watson Boulevard; thence extend in an easterly direction along the north line of Watson Boulevard to the present city limits; thence extend south along the present city limits of Warner Robins to the west line of Corder Road; thence continue along the west line of Corder Road to the south line of Land Lot 141; thence extend south along the east line of Land Lot 142 for a distance of 500 feet to a point; thence extend in a westerly direction to the west line of Land Lot 142 and the point of beginning. TRACT NO. II. Beginning at a point where the southerly boundary of Bargain Road intersects with the westerly right-of-way of Georgia Highway No. 247; thence runs in a southerly direction along the westerly right-of-way of Georgia Highway No. 247 to where the westerly right-of-way or boundary of said highway intersects with the southerly line of Land Lot 241; thence runs in a westerly direction along the southerly line of Land Lots 241, 223, 220, and 197 to the easterly boundary of Feagin Mill Road; thence in a northerly direction along the easterly boundary of Feagin Mill Road for a distance of 40 feet; thence runs in a westerly direction, crossing Feagin Mill Road and then proceeds along the northerly boundary of Watson Road through Land Lots 194, 171, 168 to a point 1,485 feet westerly and parallel to the easterly boundary of Land Lot 145; thence runs in a northerly direction on a line 1,485 feet westerly and parallel to the easterly boundary of Land Lots 145 and 146 to the southeasterly boundary of Corder Road; thence extend along the east line of Corder Road to the northeast corner of Land Lot 142; thence extend in a southerly direction along the east line of Land Lots 142 and 143 to that point where Howard Branch separates itself from Land Lot 143; thence follow the run of Howard Creek

Page 3922

in a southeasterly direction to that point where Howard Branch intersects with Sandy Run Creek, and from said point continue in an easterly direction along the run of Sandy Run Creek to Wilkinson's Lake; thence extend in an eastrly direction along the northern boundary of Wilkinson's Lake and continuing in an easterly direction along the run of Sandy Run Creek through Land Lot 256 in the 10th Land District and through Land Lots 16, 17, 48, 47, 50 and 79 of the 11th Land District to the east line of Land Lot 79; thence extend in a northerly direction along the east line of Land Lots 79 and 80 of the 11th Land District and Land Lot 260 in the 5th Land District to the northeast corner of Land Lot 260; thence extend in an easterly direction along the north lines of Land Lots 260, 243 and 242 to the eastern boundary of Georgia Highway 247, and from said point extend in a northerly direction along the east boundary of Georgia Highway 247 to the northwest corner of Robins Air Force Base; thence extend along the west line of Robins Air Force Base through Land Lots 214 and 213, and continuing along the north and eastern boundary of Robins Air Force Base through Land Lots 213 and 230 to a point of the south line of Land Lot 230; thence extend in a easterly direction along the south line of Land Lot 230 to the west line of Land Lot 234; thence extending in a northerly direction along the west line of Land Lot 234 to the south line of Land Lot 231; thence extending in a westerly direction along the north lines of Land Lots 230 and 213 to a point; thence extend in a southerly direction along the west line of Land Lot 213 to the north line of Land Lot 203; thence extend in a westerly direction along the north line of Land Lot 203 to the east line of Land Lot 187; thence extend in a northerly direction along the west line of Land Lot 204 to the north line of Alberta Road; thence extend in a southwesterly direction along the north line of Centerville-Elberta Road through Land Lots 187 and 188 to the north line of Johnson Road; thence extend along the north line of Johnson Road through Land Lots 177 and 162 to that point where Johnson Road makes a turn to the southwest in Land Lot 162; thence extend in a westerly direction through Land Lots 162 and 151 to the west line of Land Lot 151; thence extend in a southerly direction along the east line of Bateman Road to the south line of Land Lot 150, said distance

Page 3923

being 3,725[UNK]; thence extend along the north line of Centerville-Elberta Road for a distance of 1,500[UNK] to a point; thence extend in a southerly direction through the center of Land Lots 149 and 148 to a point on the south line of Land Lot 148; thence extend in an easterly direction along the south line of Land Lot 148 to the present corporate limits of the City of Warner Robins, Georgia; thence extend in a northerly direction through Land Lots 148 and 149 to the south line of Land Lot 150; thence runs in a easterly direction along the northerly lines of Land Lots 149, 164, and 175 to a point on the easterly right-of-way of Centerville-Elberta Road; thence runs in a northeasterly direction along the easterly right-of-way of Centerville-Alberta Road to where the northerly line of Land Lot 189 intersects therewith; thence runs in an easterly direction along the north line of Land Lot 189 to a rear corner of Lots 14 and 15, block PP of section III of United Estates subdivision; thence runs in a northerly direction along the westerly sides of Lots 15, 16 and 17, block PP of United Estates subdivision, section III to a point; thence runs in an easterly direction along the northerly boundaries of Lots 18 and 20, block PP and Lots 1 and 2 block LL of said subdivision to a point on the westerly boundary of Land Lot 203; thence runs northerly along the westerly boundary of Land Lot 203, said boundary also being the westerly boundary of Northview III subdivision, section II, to the northwesterly corner of said Northview subdivision; thence in an easterly direction along the northerly boundary of said subdivision, the northerly boundary of Tropical Terrace subdivision and also the northerly boundary of Wilson property to the westerly right-of-way of North Davis Drive; thence continuing in an easterly direction crossing North Davis Drive to a point on the easterly right-of-way of North Davis Drive; thence in a northerly direction along easterly right-of-way of said North Davis Drive to a point where the southerly right- of-way of Bargain Road intersects therewith; thence runs in a neasterly direction along the southerly right-of-way of Bargain Road to a point where the easterly right-of-way of Highway No. 247 intersects therewith being the point of begining.

Page 3924

Section 2. Within 15 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the governing authority of the City of Warner Robins and the governing authority of the City of Centerville to each pick one representative and the two representatives so selected shall appoint a third party to select an engineer to assess the present market value of that portion of the Centerville water system sought to be annexed by the City of Warner Robins. If the two representatives cannot agree on a third party, as outlined above, within 20 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, then the senior Judge of the Macon Judicial Circuit shall appoint such third representative within five days after he is so requested. The representatives so selected shall within 14 days after the third representative has been appointed by majority rule select an engineer who shall within 40 days after his appointment place a fair market value on that portion of the water system owned by the City of Centerville which lies in the area sought to be annexed by the City of Warner Robins as described above, and said engineer shall submit his appraisal in writing to the City of Centerville and the City of Warner Robins. Upon receipt of said appraisal the City of Warner Robins will seek the consent of 75% of the holders of the revenue bonds of the City of Centerville being the 1962 and 1964 series issued by said city, and said election by the bond holders and the distribution of acquisition funds are to be placed in escrow all as determined by Chapman Cutler, Bond Attorneys, Chicago, Illinois. Notwithstanding the provisions of section 3 to the contrary, if by September 15, 1969, 75% of the holders of said bonds have not consented to the acquisition of that portion of the water system of the City of Centerville, as provided for above, the ballots prepared for the election, set forth in Section 3, shall not contain the question of the incorporation of Tract No. 1, and an election as to Tract No. 1 shall not be held, and the area contained within Tract No. 1 shall not become and shall not be a part of the corporate limits of the City of Warner Robins. Arbitration with city of Centerville, etc. Section 3. It shall be the duty of the mayor of Warner Robins to issue the call for an election for the purpose of

Page 3925

submitting to the electors of the City of Warner Robins and the electors of Houston County residing within each of the respective tracts of land set forth in section 1 of this Act the question of whether said tracts shall be incorporated within the corporate limits of the City of Warner Robins. The mayor shall set the date of such election for October 14, 1969. The mayor shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Warner Robins together with a map displaying the present city limits of said city and the areas proposed to be annexed by the provisions of this Act. The ballots (subject to the provisions of section 2 of this Act relating to Tract No. 1) shall have written or printed thereon the words: For approval of the incorporation of Tract No. 1 within the corporate limits of the City of Warner Robins. Against approval of the incorporation of Tract No. 1 within the corporate limits of the City of Warner Robins. For approval of the incorporation of Tract No. 2 within the corporate limits of the City of Warner Robins. Referendum. Against approval of the incorporation of Tract No. 2 within the corporate limits of the City of Warner Robins. The electors of Houston County residing within the area embraced within Tract No. 1 shall be eligible to vote only on the question of the incorporation of Tract No. 1, and only the electors of Houston County residing within the area embraced within Tract No. 2 shall be eligible to vote on the question of the incorporation of Tract No. 2. The electors of the City of Warner Robins shall be entitled to vote on the question of the incorporation of both Tract No. 1 and Tract No. 2. All persons entitled to vote and desiring to vote in favor of the incorporation of the respective tracts into the corporate limits of the City of Warner Robins shall vote for approval, and those persons entitled to vote and desiring to

Page 3926

vote against such incorporation shall vote against approval. If more than one-half of the votes cast by the electors of Houston County residing within the area embraced within Tract No. 1 are for approval, and if more than one-half of the votes cast on the question of the incorporation of Tract No. 1 by the electors of the City of Warner Robins are for approval, this Act as to such tract shall become of full force and effect; otherwise it shall be void and of no force and effect as to Tract No. 1, and Tract No. 1 shall not be included within the corporate limits of the City of Warner Robins. If more than one-half of the votes cast by the electors of Houston County residing within the area embraced within Tract No. 2 are for approval, and if more than one-half the votes cast on the question of the incorporation of Tract No. 2 by the electors of the City of Warner Robins are for approval, this Act as to such tract shall become of full force and effect; otherwise it shall be void and of no force and effect as to Tract No. 2, and Tract No. 2 shall not be included within the corporate limits of the City of Warner Robins. The expense of such election shall be borne by the City of Warner Robins. It shall be the duty of the election superintendent of said city to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the superintendent to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation Notice is hereby given of the intention to apply to the January-February, 1969, Session of the General Assembly of Georgia, for the enactment of a bill to amend the charter of the City of Warner Robins, Ga., to extend the corporate

Page 3927

limits of the City of Warner Robins, Ga., and to increase the salaries of the mayor and councilmen of said city. This the 15th day of January, 1969. /s/ William Wisse City Attorney, Warner Robins, Ga. Georgia, Houston County. Personally appeared before me this date, Cooper Etheridge, publisher of The Houston Home Journal, Perry, Ga., the Official Organ of Houston County, Georgia, who certifies that the legal notice, notice of intention to apply for local legislation, bill to amend the charter of the City of Warner Robins, to extend corporate limits, etc., was published in The Houston Home Journal on the following dates: Jan. 16, 23 and 30, 1969. This 10th day of March, 1969. /s/ Cooper Ethridge Publisher, Houston Home Journal, Perry, Georgia Sworn to and subscribed before me, this 10th day of March, 1969. /s/ Janice E. Colwell Notary Public, Houston County. My commission expires March 7, 1972. (Seal). Approved April 28, 1969. CITY OF WARNER ROBINSCHARTER AMENDED. No. 647 (House Bill No. 967). An Act to amend an Act incorporating the City of Warner Robins, approved March 5, 1943 (Ga. L. 1943, p. 1624), as amended, particularly by an Act approved March 15,

Page 3928

1968 (Ga. L. 1968, p. 2283), so as to provide the procedures whereby the compensation of the mayor and councilmen may be changed by the mayor and council; to provide the procedures for the reimbursement of expenses incurred by city officials and employees; to provide for publication of expenses paid to city officials and employees; to provide how this Act shall become effective; 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 Warner Robins, approved March 5, 1943 (Ga. L. 1943, p. 1624) as amended, particularly by an Act approved March 15, 1968 (Ga. L. 1968, p. 2283), is hereby amended by striking in its entirety section 3 and substituting in lieu thereof a new section 3 to read as follows: Section 3. The governing authority of said municipality shall consist of a mayor and six councilmen. Unless changed in the manner provided for hereinafter, the mayor shall receive an annual salary of twenty-four hundred ($2,400.00) dollars and each councilman shall receive a salary of twelve hundred ($1,200.00) dollars per annum, all of which shall be paid in equal monthly installments. Salaries of mayor and councilmen. The compensation of the mayor and councilmen, as provided above, may be changed in the following manner: The mayor and council may adopt an ordinance providing for a change in their compensation if a notice of intention to adopt such an ordinance shall be published in the official organ of Warner Robins once a week for three (3) weeks immediately preceding the adoption of such ordinance. The notice shall also contain a statement as to the present compensation which such officials are receiving and the proposed compensation which such officials will receive if the proposed ordinance shall be adopted. Same. An ordinance changing such officials' compensation may be repealed in the manner hereinafter provided. The mayor shall call for a referendum on the question of whether such ordinance shall be repealed if a petition is filed with the

Page 3929

mayor containing thereon at least ten (10%) percent of the signatures of the registered electors of said city requesting such election. The mayor and council shall determine the validity of such petition within thirty (30) days after its filing. In the event the petition is found to be valid, it shall be the duty of the mayor to issue the call for an election for the purpose of submitting to the qualified electors of the City of Warner Robins the question of whether such ordinance shall be repealed. The call for such an election shall be issued within seven (7) days after the determination of the validity of the petition. The mayor shall set the date of such election for not less than thirty (30) days nor more than forty-five (45) days after the date of the issuance of the call. The mayor shall cause a notice of the date and purpose of said election to be published in the official organ of Houston County at least fifteen (15) days prior to said election. Such notice shall contain a statement of the compensation received by such officers immediately prior to the adoption of said ordinance and the present compensation being received by such officers pursuant to the provisions of said ordinance. If more than one-half of the votes cast on such question are for approval of the ordinance, it shall continue of full force and effect; otherwise, it shall be repealed, and said officers shall thereafter receive the compensation they were receiving immediately prior to the adoption of said ordinance. Section 2. Said Act is further amended by adding between sections 3 and 4 a new section to be known as section 3A to read as follows: The mayor and councilmen and all other employees of the city who shall receive reimbursement for expenses incurred in connection with the discharge of the official duties of their office shall itemize all such expenses which they shall incur and shall submit proper documentation thereof at such time as they shall request reimbursement thereof or within sixty (60) days of the incurring of said expenses whichever occurs first. Within sixty (60) days following the close of each fiscal year, it shall be the duty of the mayor and council to publish in the official organ of Houston County

Page 3930

an itemization of all expenses incurred by all city officials and employees during each fiscal year and for which they have been reimbursed. Such itemization shall contain the purposes for which such expenses were incurred and the dates thereof. Expenses, allowances. Section 3. This Act shall become effective only if in the election to be held within the City of Warner Robins in 1969, the electors of the city shall elect to repeal the provisions contained within the charter of the City of Warner Robins pertaining to the city manager. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention to apply to the January-February, 1969, Session of the General Assembly of Georgia, for the enactment of a bill to amend the charter of the City of Warner Robins, Ga., to extend the corporate limits of the City of Warner Robins, Ga., and to increase the salaries of the mayor and councilmen of said city. This the 15th day of January, 1969. /s/ William Wisse City Attorney Warner Robins, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sam A. Nunn, Jr. who, on oath, deposes and says that he is Representative from the 41st District, and that the attached copy of notice of intention to introduce local legislation was published in the Houston Home Journal which is the official organ of

Page 3931

Houston County, on the following dates: January 16, 23 and 30, 1969. /s/ Sam A. Nunn, Jr. Representative, 41st District /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 28, 1969. LUMPKIN COUNTYSHERIFF'S SALARY, ETC. No. 649 (House Bill No. 994). An Act to amend an Act placing the sheriff of Lumpkin County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 1469), so as to change the compensation and method of fixing the compensation of the sheriff; to provide for deputies; to change the number of automobiles authorized for the sheriff's office; 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 placing the sheriff of Lumpkin County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2469), is hereby amended by striking in its entirety section 2 and substituting in lieu thereof a new section 2 to read as follows: Section 2. The annual salary of the sheriff of Lumpkin County shall be fixed by the governing authority of Lumpkin County each year and shall not be less than $6,000 nor more than $7,500, payable in equal monthly installments from the funds of Lumpkin County. Salary.

Page 3932

Section 2. Said Act is further amended by striking in its entirety section 4 and substituting in lieu thereof a new section 4 to read as follows: Section 4. The sheriff shall have the authority to appoint two deputies who shall receive an annual salary of $4,800 each, payable in equal monthly installments from the funds of Lumpkin County. Deputies. Section 3. Said Act is further amended by striking from section 5 the word two and substituting in lieu thereof the following: not more than three, so that when so amended section 5 shall read as follows: Section 5. The governing authority of Lumpkin County shall furnish the sheriff's office with not more than three automobiles for his use on official business. In lieu of furnishing said automobiles, at the election of the sheriff, the sheriff may purchase his own vehicle or vehicles, and the governing authority of Lumpkin County shall reimburse the sheriff at the rate of eight cents (8) per mile, per vehicle for the expenses of operating and maintaining any vehicles which he purchases. However, Lumpkin County shall not be responsible for any such expenses which exceed the sum of $1,200.00 during any one calendar year. The sheriff is charged with the responsibility of feeding the prisoners confined in the county jail. The governing authority of Lumpkin County shall reimburse the sheriff for the expenses incurred by the sheriff in feeding such prisoners at the rate of $1.50 per day, per prisoner. Automobiles. Section 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3933

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969, Regular Session of the General Assembly of Ga., a bill to adjust the annual compensation of the sheriff of Lumpkin County, Georgia; to provide for the hiring, discharging and compensation of personnel for the sheriff's department; to provide for the payment of costs of equipment and operation of the sheriff's department; to adjust the annual compensation of the commissioner of Roads and Revenues of Lumpkin County, Georgia; and for other purposes. This the 25 day of Jan., 1969. Carlton Colwell Representative, Fifth District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton H. Colwell who, on oath, deposes and says that he is Representative from the 5th District, and that the attached copy of notice of intention to introduce local legislation was published in The Dahlonega Nugget which is the official organ of Lumpkin County, on the following dates: January 31, February 7, 14, 1969. /s/ Carlton Colwell Representative, 5th District Sworn to and subscribed before me, this 14th day of March, 1969. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My Commission Expires December 26, 1972. Approved April 28, 1969.

Page 3934

CIT COURT OF ATHENSINVESTIGATOR. No. 651 (House Bill No. 996). An Act to amend an Act establishing a city court in the County of Clarke (now known as the City Court of Athens), approved September 9, 1879 (Ga. L. 1879, p. 291), as amended, so as to provide for a special investigator; to provide for his qualifications; to provide for his compensation and expenses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a city court in the county of Clarke (now known as the City Court of Athens), approved September 9, 1879 (Ga. L. 1879, p. 291), as amended, is hereby amended by adding between section 2 and section 3 a new section to be designated as section 2A, to read as follows: Section 2A. (a) The solicitor of said court is hereby authorized to appoint a special investigator to serve at his pleasure. (b) The special investigator must meet the following qualifications: (1) Have a minimum of a two-year degree from an accredited college or university, and have a minimum of two years of actual experience as a law enforcement officer; or (2) Have an Associate of Arts degree in Police Administration from an accredited college or university. (c) The special investigator shall be compensated in an amount of six thousand ($6,000.00) dollars per year and shall receive actual expenses, including automobile expenses, incurred while performing his duties as the special investigator. The expenses incurred by the special investigator shall be submitted monthly to the governing authority of Clarke County by the solicitor of said court. If the governing

Page 3935

authority cannot agree with the solicitor that the amount submitted was the actual amount of expenses incurred, such dispute shall be arbitrated by the next grand jury. In the event the grand jury fails to act on such disputed matter or cannot reach an agreement as to the actual expenses incurred by the special investigator, the amount submitted by the solicitor shall be accepted as correct. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969 Session of the General Assembly of Georgia, a bill to amend an Act creating the City Court of Athens so as to change the name of said court; to change the title of the solicitor; to change the salary of the judge and solicitor; to change the term of office of the judge and solicitor; to provide a secretary and a special investigator for the solicitor; to set the compensation of the secretary and special investigator; and for other purposes. This 10th day of January, 1969. Honorable Leon Farmer, Jr. Representative, 16th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Leon Farmer, Jr. who, on oath, deposes and says that he is Representative from the 16th District, and that the attached copy of notice of intention to introduce local legislation was published in the Athens Banner-Herald which is the official

Page 3936

organ of Clarke County, on the following dates: January 17th, 24th, 31st; Feruary 7th, 1969. /s/ Leon Farmer, Jr. Representative, 16th District Sworn to and subscribed before me, this 17th day of March, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 28, 1969. LUMPKIN COUNTYSALARY OF COUNTY COMMISSIONER. No. 652 (House Bill No. 1003). An Act to amend an Act creating the office of commissioner of Lumpkin County, approved March 7, 1955 (Ga. L. 1955, p. 2892), as amended, particularly by an Act approved March 28, 1961 (Ga. L. 1961, p. 2638), so as to change the compensation of the commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of Lumpkin County, approved March 7, 1955 (Ga. L. 1955, p. 2892), as amended, particularly by an act approved March 28, 1961 (Ga. L. 1961, p. 2638), is hereby amended by striking from section 9 the following: four thousand eight hundred dollars ($4,800.00) per annum, and substituting in lieu thereof:

Page 3937

not less than five thousand dollars ($5,000.00) nor more than six thousand dollars ($6,000.00) per annum, the exact amount to be determined by the commissioner and, so that when so amended section 9 shall read as follows: Section 9. The commissioner shall devote his full time to the business and interest of said County of Lumpkin in the performance and discharge of his duties, and shall receive as compensation for his time not less than five thousand dollars ($5,000.00) nor more than six thousand dollars ($6,000.00) per annum, the exact amount to be determined by the commissioner and payable monthly. The commissioner shall also receive a sum of one hundred dollars ($100.00) per month as a contingent expense allowance. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1969, Regular Session of the General Assembly of Ga., a bill to adjust the annual compensation of the sheriff of Lumpkin County, Georgia; to provide for the hiring, discharging and compensation of personnel for the sheriff's department; to provide for the payment of costs of equipment and operation of the sheriff's department; to adjust the annual compensation of the commissioner of roads and revenues of Lumpkin County, Georgia; and for other purposes. This the 25th day of Jan., 1969. Carlton Colwell, Representative, Fifth District

Page 3938

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell who, on oath deposes and says that he is Representative from the 5th District, and that the attached copy of notice of intention to introduce local legislation was published in The Dahlonega Nuggett which is the official organ of Lumpkin County, on the following dates: January 31 and February 7, 14, 1969. /s/ Carlton Colwell Representative, 5th District Sworn to and subscribed before me, this 18th day of March, 1969. /s/ Pamela A. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. Approved April 28, 1969. SOLICITORS OF CITY COURTS IN CERTAIN COUNTIES DEEMED PERMANENT EMPLOYEES OF CERTAIN COUNTIES (135,000-140,000). No. 656 (Senate Bill No. 61). An Act to provide for the solicitor of city court in certain counties to be included as a permanent employee within the meaning of such county pension or retirement laws existing in said counties; to provide for the continuation of said previous inclusion in said existing law so as to allow full credit for all previous time of said Solicitor as a permanent employee; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3939

Section 1. In all counties of this State having a population of not less than 135,000 nor more than 140,000, according to the United States Decennial Census of 1960 or any such future census, the duly elected, or appointed solicitor of the city court of said counties shall be included as a permanent employee, and thereby entitled to membership, in such existing pension or retirement laws of said counties. Section 2. All such previous years of service as a member of such pension laws shall be credited to said solicitor in ascertaining his benefits under said pension laws, provided that said solicitor has paid in, and not had returned to him, sufficient contributions to enable him to said previous years under the terms of said pension laws. Section 3. After becoming a member of said county pension or retirement fund, as aforesaid, said Solicitor shall thereafter be subject to all the terms and conditions thereof, as are other members, including the requirement of contributions to the same. Section 4. The effective date of this Act shall be January 1, 1969. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. CITY OF UNION CITYCHARTER AMENDED. No. 658 (Senate Bill No. 63). An Act to amend an Act incorporating Union City, approved August 17, 1908, and the several Acts amendatory thereof, to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same

Page 3940

that an Act entitled An Act to amend an Act incorporating Union City; approved August 17, 1908 (Ga. L. 1908, page 935), as amended particularly by an Act approved March 15, 1926 (Ga. L. 1926, page 606), an Act appearing in Ga. L. 1935, page 1213, an Act approved February 16, 1943 (Ga. L. 1943, page 1619), an Act approved March 9, 1945 (Ga. L. 1945, p. 1123), and an Act approved April 12, 1965 (Ga. L. 1965, page 3413), be further amended as follows: Section 1. By striking section 12, and substituting in lieu thereof a new section 12, which shall read as follows: That the mayor and city council shall be paid compensation for their services out of the city treasury. The mayor shall receive compensation not to exceed the sum of one hundred ($100.00) dollars a month, payable monthly. Each city councilman shall receive compensation not to exceed the sum of fifty ($50.00) dollars a month, payable monthly. Salaries. Section 2. By striking section 14A in its entirety and substituting in lieu thereof a new section 14A, which shall read as follows: Said City Court of Union City shall be presided over by a judge who shall be known as the judge of the City Court of Union City. Said judge shall be a member of the State Bar of Georgia. Said judge shall be appointed by the mayor by and with the concurrence of the majority of the city councilmen. Said judge shall be compensated in such amounts as may be prescribed by the city council. The present judge shall hold office until September 1, 1969. Thereafter his successors shall be appointed for a term concurrent with that of the mayor of Union City. In the event that such judge shall be disqualified, disabled or unable to preside in said court for any reason whatsoever, the mayor shall appoint a judge pro hac vice to preside in any case or in any session of the City Court of Union City. Said judge pro hac vice shall be a member of the State Bar of Georgia at the time of his appointment and shall be compensated in such amount as shall be prescribed by the city

Page 3941

council. When presiding in the City Court of Union City, the judge pro hac vice shall have the same powers and authorities as conferred upon the Judge of the City Court of Union City. City court judge. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the City of Union City intends to apply for the passage of local legislation at the next regular session of the General Assembly of Georgia which convenes in January, 1969, and the title to such bill or bills containing such legislation shall be as follows: An Act to amend an Act incorporating Union City; approved August 17, 1908 (Ga. L. 1908, p. 935), as amended particularly by an Act approved August 7, 1925 (Ga. L. 1925), an Act approved March 15, 1926 (Ga. L. 1926, p. 606), an Act appearing in Ga. L. 1935, p. 1213, an Act approved February 16, 1943 (Ga. L. 1943, p. 1619), an Act approved March 9, 1945 (Ga. L. 1945, p. 1123), and an Act approved April 12, 1965 (Ga. L. 1965, p. 3413) to repeal conflicting laws and for other purposes. This December 17th, 1968. City of Union City By: Guy Parker City Attorney Union City City Hall Union City, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Frank Coggin who, on oath, deposes and says that he is Senator from the 35th District, and that the attached copy of notice of intention to introduce local legislation was published in

Page 3942

the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: December 19th and 26th, 1968, and January 2nd, 1969. /s/ Frank E. Coggin Senator, 35th District Sworn to and subscribed before me, this 21 day of January, 1969. /s/ Aralee Strange Mason Notary Public, Georgia State at Large. My Commission Expires Dec. 22, 1972. (Seal). Approved April 28, 1969. FULTON COUNTYBOARD OF EDUCATION RETIREMENT SYSTEM ACT AMENDED. No. 659 (Senate Bill No. 78). An Act to amend an Act providing a system of pension and retirement pay to teachers and employees of the board of education of Fulton County, approved February 2, 1945 (Ga. L. 1945, page 528), as amended, so as to provide that a teacher may be entitled to prior service credit for service rendered to Fulton County or any incorporated municipality located in whole or in part within Fulton County, to provide the procedure in connection with claiming such prior service, to provide for payment for such prior service, to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved

Page 3943

February 2, 1945 (Ga. L. 1945, page 528), as amended, is further amended by inserting following section 12 thereof, a new section which shall be known as Section 12(a) which shall read as follows: Section 12(a). Notwithstanding any other provision of this Act, any teacher shall be entitled to receive credit for all prior service rendered to Fulton County or any incorporated municipality located in whole or in part within Fulton County. In order to receive credit for such prior service, such teacher shall notify the pension board, in writing, of her election to obtain such prior service credit, and and shall furnish to the pension board a certificate from her former employer or employers as to such prior service, and as to her annual compensation during such service. Such teacher shall also pay into the pension fund twice the amount she would have paid into said fund if, for such years, she had been teaching in the Fulton County System. Said sum may be paid in such installments as may be determined by the pension board, but any such deferred installments shall bear interest at the rate of 6% per cent per annum. Prior service credit. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. State of Georgia,County of Fulton. Before me, the undersigned, a notary public, this day personally came Mildred N. Lazenby, who, being first duly sworn, according to law, says that she is the treasurer of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 2, 9, and 16 days of January, 1969. As provided by law. Mildred N. Lazenby

Page 3944

Notice of Intention to Introduce Local Legislation. Notice is hereby give of intention to introduce at the January, 1969, Session of the General Assembly of Georgia, a bill to amend an Act providing a system of pension and retirement pay to teachers and employees of the Board of Education, Fulton County, approved February 2, 1945 (Georgia Laws 1945, p. 528, as amended) so as to provide that a teacher may be entitled to prior service credit for service rendered to Fulton County or any incorporated municipality located in whole or in part within Fulton County upon retroactive payment as stipulated; and for other purposes. This 2nd day of January, 1969. Harold Sheats County Attorney, Fulton County Subscribed and sworn to before me, this 17th day of January, 1969. /s/ Maiodia F. Palmer, Notary Public Georgia, State at Large. My Commission expires Jan. 19, 1972. (Seal). Approved April 28, 1969. CRIMINAL COURT OF FULTON COUNTY METHOD OF FILLING VACANCIES IN OFFICES OF JUDGE AND SOLICITOR. No. 665 (Senate Bill No. 99). An Act to amend an Act entitled An Act to amend an Act entitled `An Act to establish the Criminal Court of Atlanta, and in pursuance thereof to amend an Act to establish the City Court of Atlanta, passed December 15,

Page 3945

1871, and Acts amendatory thereof, and for other purposes; approved September 6, 1891, and Acts amendatory thereof; by adding and providing for an additional judge of the Criminal Court of Fulton County, and to provide for his term of office, his salary, the payment thereof, his qualifications, powers, duties and jurisdiction, his method of appointment and election, and to amend said Act by providing a change in the term of office of the existing judge and said additional judge and the solicitor general of said Court, and providing a method and manner of appointment of solictor general and judges of said Court in event of a vacancy, and for other purposes., approved February 17, 1939 (Ga. L. 1939, p. 466), so as to provide that vacancies occurring in the offices of judge and solictor general of the Criminal Court of Fulton County shall be filled by the Governor appointing a successor to serve until the next general election at which time a successor shall be elected; to provide for an exception; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to amend an Act entitled `An Act to establish the Criminal Court of Atlanta, and in pursuance thereof to amend an Act to establish the City Court of Atlanta, passed December 15, 1871, and Acts amendatory thereof, and for other purposes'; approved September 6, 1891, and Acts amendatory thereof; by adding and providing for an additional judge of the Criminal Court of Fulton County, and to provide for his term of office, his salary, the payment thereof, his qualifications, powers, duties and jurisdiction, his method of appointment and election, and to amend said Act by providing a change in the term of office of the existing judge and said additional judge and the solicitor general of said Court, and providing a method and manner of appointment of solictor general and judges of said Court in event of a vacancy, and for other purposes., approved February 17, 1939 (Ga. L. 1939, p. 466), is hereby amended by striking in its entirety section 6 which reads as follows:

Page 3946

Section 6. Be it further enacted by the authority aforesaid that in the event of a vacancy arising in the office of judge or solictor general by death, resignation, or otherwise, the Governor shall appoint a successor to such office to fill the unexpired term thereof, and until a duly qualified successor shall be elected., and substituting in lieu thereof a new section 6 to read as follows: Section 6. Be it further enacted by the authority aforesaid that in the event of a vacancy arising in the office of judge or solicitor general by death, resignation, or otherwise, the Governor shall appoint a successor to such office to serve until the next general election at which time a successor shall be elected by the voters of Fulton County to serve out the unexpired term of office, except that in the event the term of office shall expire within 60 days of the next general election, the person appointed by the Governor to fill the vacancy shall serve out the unexpired term of office. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. A copy of Notice of Intention to Apply for this local legislation and an affidavit showing the publication of such Notice, as required by law, are attached hereto and made a part of this Bill, and it is hereby declared that all requirements of the Constitution of the State of Georgia of 1945 relating to publication of Notice of Intention to Apply for the passage of this local legislation have been complied with for the enactment of this law. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Mildred N. Lazenby, who, being first duly sworn, according to law, says that she is the Treasurer of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which

Page 3947

the annexed is a true copy, was published in said paper on the 16, 23, 30 days of January, 1969. As provided by law. Mildred N. Lazenby Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to amend an Act amending the Act establishing the Criminal Court of Atlanta, approved February 17, 1939 (Ga. L. 1939, p. 466), so as to change the provisions relating to the filling of vacancies occurring in the offices of judge and solictor of said court; and for other purposes. This 15th day of January, 1969. /s/ Leroy Johnson Senator, 38th District Subscribed and sworn to before me, this 30th day of January, 1969. /s/ Maiodia F. Palmer, Notary Public Georgia, State at Large. My Commission Expires Jan. 19, 1972. (Seal). Approved April 28, 1969. LAW LIBRARIES IN CERTAIN COUNTIES (7,375 - 7,750). No. 673 (Senate Bill No. 129). An Act to authorize certain counties to establish and maintain a law library for the use of the judges, district attorneys, ordinaries and other officers of the courts of said counties; to provide funds for the establishment and maintenance of said libraries; to provide for the

Page 3948

management of said libraries; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The judge, or judges if more than one, of the superior court of any county in this State having a population of not less than 7,375 and not more than 7,750, according to the United States decennial census for 1960, or any such future census, shall establish and maintain a law library for the use of the judges, district attorneys, ordinaries and other officers of the courts of said counties. Where applicable, etc. Section 2. For the use of providing funds for the establishment and maintenance of such libraries, the sum of two dollars ($2.00), in addition to all other legal costs, shall be charged and collected in each criminal case filed in the superior, county, city or any other court of record, and in such courts as may hereafter be created, except justice of the peace courts and recorder's courts, in and for said counties. The clerks of each and every such court in counties in which such a law library shall be established shall collect such fees and remit same to the treasurer or other person or fiscal agent having custody of county funds. The judge or judges of said superior courts shall by order entered upon the minutes of the court, provide for the establishment and maintenance of such a law library and shall cause the clerks of all the above courts trying criminal cases to be furnished with a certified copy of such minutes. Where the costs in criminal cases are not collected, the costs herein provided for shall be paid from the fines and forfeitures funds of such court in which the case is filed before any other disbursement or distribution of such fines and forfeitures shall be made. Funds. Section 3. Also, for the purpose of further providing funds for the establishment and maintenance of such libraries, the sum of two dollars ($2.00), in addition to all other legal costs, shall be charged and collected in each civil case filed in the superior courts of such counties in

Page 3949

which such a law library shall be established and the clerk of such court shall collect such fees and remit the same to the treasurer or other personnel or other fiscal agent having custody of county funds. Same. Section 4. All funds collected under this Act shall be separately remitted to the county treasurer or other officer having control of county funds and said funds shall be kept by such officer in an account separate and apart from all other accounts kept by such officer and said funds shall be used only for the purposes herein specified. The county treasurer or other county officer having control of county funds shall make the judge or judges of the superior courts of each county wherein a county law library is being maintained a report showing receipts and disbursements with respect to said account, on the first day of January of each year and on the last day of June of each year, and at such other times as may be requested by said judge or judges. Reports, etc. Section 5. Funds so held by the treasurer or other county officials shall be disbursed only upon the order of the judge or judges of the superior court. Use of funds. Section 6. In each county in which such a law library is established in accordance with this Act, the judge or judges, if more than one, of the superior court, shall appoint a committee, which shall be composed of officers of the court and members of the General Assembly in such counties, to advise and make recommendations to the court upon the establishment, administration and operation of the library, the selection and purchase of books and equipment, including a view box, blackboard and other equipment used in the trial of cases, and also the appointment of personnel, the salaries to be paid and all other matters pertaining to the successful functioning of such library. Library committee. Section 7. The clerk of the superior court in each of such counties shall serve as the librarian of such library for which he shall receive the sum of $10 per month, in addition to all other compensation which he is receiving, payable out of the proceeds derived from the provisions of sections 2 and 3 of this Act. Librarian.

Page 3950

Section 8. The governing authority of such counties shall furnish necessary space, offices, lights, heat and water for the maintenance of such library. Office space, etc. Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 28, 1969. ACT AUTHORIZING ASSISTANT DISTRICT ATTORNEYS, ETC. IN CERTAIN COUNTIES AMENDED (135,000 - 140,000). No. 674 (Senate Bill No. 142). An Act to amend Georgia Laws 1963 Session, pages 3547-3549, as amended by Georgia Laws 1966 Session, pages 2607-2608 and as amended by Georgia Laws 1967 Session, pages 3218-3220, entitled, An Act to provide for the appointment of an assistant solicitor general, an investigator and three stenographer-clerks in the office of the solicitor general in all counties of this State having a population of not less than 135,000 and not more than 140,000 according to the United States Census of 1960 or any future United States Census; to provide for their duties, compensation, authority, term of office, and removal; to repeal conflicting laws; and for other purposes, so as to increase the compensation of the assistant solicitor general, and the compensation of the stenographer-clerks of said courts in such counties; to increase the number of clerks; to repeal conflicting laws; to provide for an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3951

Section 1. An Act entitled An Act to provide for the appointment of an assistant solicitor general, an investigator, and three stenographer-clerks in the office of the solicitor general in all counties of this State having a population of not less than 135,000 and not more than 140,000 according to the United States Census of 1960 or any future United States Census; to provide for their duties, compensation, authority, term of office, and removal; to repeal conflicting laws; and for other purposes, approved April 12, 1963 (Ga. L. 1963, p. 3547), and amended by Georgia Laws 1966 Session, pages 2607-2608, and as amended by Georgia Laws 1967, pages 3218-3220 is hereby amended and by striking section 4, section 7, section 8 and section 9, and inserting in their entirety, in lieu thereof the following sections: Section 4. The assistant solicitor general shall receive as compensation for his services a salary of $600.00 per month to be paid monthly out of the county treasury of the county of said assistant solicitor general's appointment and he shall be entitled to be paid monthly out of the county treasury of such county the sum of $50.00 per month for car allowance to long as he uses his car in connection with his office. Assistant district attorney. Section 7. The investigator shall receive as compensation for his services a salary of $600.00 per month to be paid monthly out of the county treasury of the county of said investigator's appointment and he shall be entitled to be paid monthly out of the county treasury of such county the sum of $50.00 per month for car allowance so long as he uses his car in connection with his office. Investigator. Section 8. The duties of the four stenographer-clerks shall be to assist in the investigation, preparation and trial of all criminal cases, to do clerical work in the office of the solicitor general and perform such other duties in connection with the criminal and other business in said office as may be directed by the solicitor general. Stenographer-clerks. Section 9. The said four clerks, one of whom shall be designated as chief clerk, shall be paid from the treasury

Page 3952

of said counties as part of the court expenses of said counties, a monthly salary for said chief clerk not to exceed $428.31 per month; a monthly salary for the second clerk not to exceed $400.75 per month; a monthly salary for the third clerk not to exceed $385.75 per month; and a monthly salary for the fourth clerk not to exceed $385.75 per month. Section 2. This Act shall become effective as of May 1, 1969. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia Richmond County Personally appeared, W. S. Morris, III, who being duly sworn says that he is an officer of Southeastern Newspapers Corporation, publishers of The Augusta Herald a daily newspaper in Augusta, in said State and county, and that the advertisement notice of intention to introduce local legislation duly appeared in said newspaper on the following dates to wit: January, 24-31, February 7, 1969. /s/ W. S. Morris, III President and Publisher Notice of Intention to Introduce Local Legislation. Pursuant to provision of Article III, Section VII, Paragraph XV, of the Constitution of Georgia 1945, Annotated Code of Georgia 1933, Code Section 2-1915, notice is hereby given of intention to apply at the next regular session of the General Assembly of the State of Georgia, which will convene on the second Monday in January, 1969, for the enactment of local legislation to amend the Act entitled Assistant Solicitors General, Etc. in counties having a population of not less than 135,000 and not more than

Page 3953

140,000., Georgia Laws, 1963, pages 3547-3549, as amended by Georgia Laws, 1966, pages 2607-2608, as amended by Georgia Laws, 1967, pages 3218-3220. This 20th day of January, 1969. /s/ R. William Barton District Attorney Augusta Judicial Circuit Sworn to and subscribed before me, this 20th day of Jan., 1969. /s/ Peggy A. Barnes Notary Public Richmond County, Georgia Sworn to and subscribed before me, this 7th day of February 1969. /s/ Katie Broadwater Notary Public, Richmond County, Georgia. My Commission Expires Jan. 11, 1972. (Seal). Approved April 28, 1969. CITY OF GUYTONMAYOR'S QUALIFICATIONS, SALARIES. No. 684 (Senate Bill No. 188). An Act to amend an Act creating a new charter for the City of Guyton, approved March 10, 1933 (Ga. L. 1933, p. 952-986), and amendatory Acts thereto, providing for the qualifications of mayor and fixing the salary of city officials; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3954

Section 1. An Act creating a new charter for the City of Guyton in the County of Effingham, approved March 10, 1933 (Ga. L. 1933, p. 952-986), and amended by an Act approved February 11, 1957 (Ga. L. 1957, p. 2047), and amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 2948), and amended by an Act approved March 2, 1966 (Ga. L. 1966, p. 2721), and amended by an Act approved April 10, 1968 (Ga. L. 1968, p. 3523-3524), is hereby amended by striking from said Act as amended section 25, relative to qualifications of mayor's and salary fixing of city officials, in its entirety and substituting in lieu thereof, a new section 25, which shall read as follows: Section 25. Be it further enacted, that no person is eligible to hold the office of mayor or councilmen in said city, unless he be twenty-one years old, a qualified elector of the City of Guyton, and shall have resided in the City of Guyton for a period of one year immediately preceding his election. The mayor and councilmen shall, at the last regular meeting in December of each year, fix the salaries of all city officials who are to begin their term of office at the first meeting in January following, which salaries shall not exceed twenty-five ($25.00) dollars per month and shall not be decreased or diminished during the term for which officers are elected. The mayor or any member of council may have an attorney represent said city and receive therefor compensation as may be provided. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Effingham. Notice of Local Legislation. Notice is hereby given that the City of Guyton intends to apply for the passage of local legislation at the 1969 session of the General Assembly of Georgia, which convened on Monday January 13, 1969, to amend the charter of the City of Guyton, the title to such bill to be as follows:

Page 3955

An Act to amend an Act establishing a new charter for the City of Guyton, approved March 10, 1933, and the several Acts amendatory thereof, and for other purposes, This 14th day of January, 1969. Mayor and Council City of Guyton, Georgia. /s/ Z. Vance Dasher City Attorney City of Guyton. State of Georgia, County of Effingham. Personally appeared before the undersigned an officer of said county and State duly authorized and empowered to administer oaths, William O. Lee who first being duly sworn on oath says that he is the editor and publisher of the Springfield Herald, official organ of Effingham County, Georgia, and that the herewith attached notice of intention to introduce local legislation appeared as paid legal advertising in three consecutive weekly issues of said newspaper; to wit: on January 17, 1969; on January 24, 1969, and on January 31, 1969. This 31st day of January, 1969. /s/ William O. Lee Sworn to and subscribed before me, this 31st day of January, 1969. /s/ Sara S. Thompson Notary Public, Ga. State at Large. My Commission Expires May 13, 1972. (Seal). Approved April 28, 1969.

Page 3956

FULTON COUNTYUNIFORM SEWER INSTALLATION ASSESSMENTS. No. 689 (Senate Bill No. 206). An Act to provide that the governing authorities of Fulton County shall have authority to make uniform assessments against abutting property for lateral sanitary sewers laid adjacent to said property; to provide a uniform method for making assessments; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The governing authorities of Fulton County shall have authority to formulate and provide, and, from time to time, to change the amount of assessment for lateral sanitary sewers laid adjacent to any property, and to provide that said assessments shall be uniform against all properties in the county, laid under the same conditions, of which said governing authorities shall be the sole judge. Uniform assessments. Section 2. A rate of assessment provided in advance of any project shall not be changed during the course of said project, nor during the fiscal year at which said assessment has been set. Section 3. Nothing herein shall affect the manner in which assessments are made, or modify or alter the procedure whereby the owners of property to be assessed shall be notified of the proposed improvement. Section 4. It shall be immaterial that the actual cost of constructing a sanitary sewer line abutting any particular piece of property shall be greater or less than the fixed assessment determined by the governing authorities in advance. Cost. Section 5. Nothing herein shall prevent the governing authorities of said county from assessing a manimum charge against abutting property which is actually served by a

Page 3957

sewer, notwithstanding the sewer does not abut said property for its entire width or length. Same. Section 6. A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to the notice of intention to apply for the passage of local legislation have been complied with for the enactment of this law. Section 7. All laws and parts of laws in conflict herewith be and the same are hereby repealed. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Mildred N. Lazenby, who, being first duly sworn, according to law, says that she is the treasurer of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 2, 9, 16 days of January, 1969. As provided by law. /s/ Mildred N. Lazenby Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to introduce at the January, 1969, Session of the General Assembly of Georgia an Act to provide that the governing authorities of Fulton County have authority to make uniform assessments against the abutting property for lateral sanitary sewers laid adjacent to said property; to provide a uniform method for

Page 3958

making assessments; to repeal conflicting laws; and for other purposes. This 2nd day of January, 1969. /s/ Harold Sheats County Attorney, Fulton County. Subscribed and sworn to before me, this 17th day of January, 1969. /s/ Maiodia F. Palmer, Notary Public Georgia, State at Large. My Commission Expires Jan. 19, 1972. (Seal). Approved April 28, 1969. BALDWIN COUNTYSALARIES OF COUNTY COMMISSIONERS. No. 690 (Senate Bill No. 213). An Act to amend an Act creating a board of county commissioners of Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 256), as amended, particularly by an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2623), so as to change the compensation which may be paid to said county commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of county commissioners of Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 256), as amended, particularly by an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2623), is hereby amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9 to read as follows:

Page 3959

Section 9. Said commissioners shall receive as compensation for their services such salary as the grand jury of Baldwin County shall prescribe, which salary shall be paid by the treasurer of the county and shall be fixed at a sum not less than $100.00 per month nor greater than $200.00 per month. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1969 Session of the General Assembly of Georgia, a bill to amend an Act creating a board of county commissioners for the County of Baldwin, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, so as to change the compensation which may be paid to said county commissioners; to provide an effective date; and for other purposes. This 27th day of January, 1969. /s/ Culver Kidd /s/ Floyd Harrington /s/ Philip Chandler Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Culver Kidd who, on oath, deposes and says that he is Senator from the 25th District, and that the attached copy of notice of intention to introduce local legislation was published in The Union Recorder which is the official organ of Baldwin

Page 3960

County, on the following dates: January 30th; February 6th; February 13th, 1969. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 25th day of February, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved April 28, 1969. CITY OF LAWRENCEVILLECORPORATE LIMITS, REFERENDUM. No. 692 (Senate Bill No. 220). An Act to amend an Act creating a new charter for the City of Lawrenceville, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 1043), as amended, so as to redefine the city limits of said city; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Lawrenceville, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 1043), as heretofore amended, is hereby amended by striking section 3 of said Act, as said section has heretofore been amended, and substituting in lieu thereof the following: The corporate limits of said City of Lawrenceville, Georgia, shall include the following described territory, towit:

Page 3961

All that tract or parcel of land lying and being in Gwinnett County, Georgia, embraced within the following boundaries: Commencing at the original corner common to Land Lots 7, 8, 32 and 33 of the 7th Land District of Gwinnett County, Georgia, and running thence northeasterly along the original land lot lines projected along the northwest side of Land Lots 8, 9, 10, 11 and 12 of the 7th Land District of Gwinnett County, Georgia, to the original corner common to Land Lots 12, 13, 27 and 28 of said district; thence southeasterly along the original land lot line on the northeast side of Land Lot 12 of the 7th Land District of said County and projected along the northeast side of Land Lots 177, 178, 179 and 180 of the 5th Land District of said County to the original corner at the southeast corner of Land Lot 180; thence southwesterly along the original land lot line on the southeast side of Land Lot 180 projected along the land lot line on the southeast side of Land Lot 173 to the point where said original land lot line intersects the present city limits of said city; thence in a southeasterly direction along the present city limits and parallel to the centerline of New Hope Road into Land Lot 172 to a corner formed by the boundary lines of the present city limits; thence southwesterly along the present city limits to a second corner formed by the boundary lines of said city; thence northwesterly along the present city limits, parallel to the centerline of New Hope Road to the original line on the southeast side of Land Lot 173; thence southwesterly along the original Land Lot line on the southeast side of Land Lot 173 projected along the original land lot line on the southeast side of Land Lot line 148 to the center of the Lawrenceville - Loganville Highway; thence southeasterly along the centerline of the Lawrenceville-Loganville Highway to the centerline of Moon Road; thence westerly along the centerline of Moon Road to the point where said centerline intersects the original land lot line on the southeast side of Land Lot 116; thence southwesterly along the original land lot line on the southeast side of Land Lot 116 of the 5th Land District to the original corner common to Land Lots 108, 109, 116 and 117 of said district; thence along the original land lot line projected along the southwest side of Land Lots 116, 115, 114 and 113 of the 5th

Page 3962

Land District of Gwinnett County, Georgia, and along the original land lot line on the southwest side of Land Lot 8 of the 7th Land District of said county to the point of beginning. Excepted and excluding therefrom that certain tract of land in Land Lot 148 of the 5th Land District of Gwinnett County which is owned, seized, possessed and occupied by the Gwinnett County V. F. W. Section 2. Elections shall be held on the 21st day of May, 1969, at the Gwinnett County Courthouse in the City of Lawrenceville wherein the registered voters residing in the City of Lawrenceville shall approve or disapprove the redefining of the city boundaries as above set out and the registered voters residing outside the present city limits of Lawrenceville but within the redefined boundaries shall approve or disapprove the redefining of the city boundaries as above set out. The registrars of the City of Lawrenceville shall cause two lists of voters to be prepared to be used in said elections. Only those persons who on the date of the approval of this Act by the Governor are qualified, registered voters of the City of Lawrenceville and who reside in the present city limits of the City of Lawrenceville, shall be eligible to vote in the election by the voters of the city; and, only those persons who on the date of the approval of this Act by the Governor, are registered voters of Gwinnett County, Georgia, qualified to vote for members of the General Assembly and who reside outside the present city limits of Lawrenceville, but within the redefined boundaries above stated shall be eligible to vote in the election to determine if the voters of said territory approve or disapprove the redefining of the city limits. The ballots used in said election shall have printed thereon For redefining the boundaries of the City of Lawrenceville and Against redefining the boundaries of the City of Lawrenceville. Referendum. If a majority of those voting in either of said elections vote against redefining the boundaries of the City of Lawrenceville, this Act shall not become effective. If a majority of those voting in both elections vote in favor of redefining the boundaries of said city, this Act shall become effective on January 1, 1970. Except as herein provided to

Page 3963

the contrary, all laws, ordinances, rules and regulations governing the management, conducting and returning the results of an election in the City of Lawrenceville for the election of the officials of said city shall apply to the said elections herein provided. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. There will be introduced at the 1969 Session of the General Assembly a Bill to amend the charter of the City of Lawrenceville so as to add additional territory to said city. This January 22, 1969. City of Lawrenceville Georgia, Fulton County. In person before the undersigned attesting officer comes Steve Reynolds, Senator, 48th District, who upon being duly sworn deposes and says that the foregoing notice was published on January 23, 1969; January 31, 1969 and February 7, 1969 in the Gwinnett Daily News, the official organ of Gwinnett County, Georgia. /s/ Steve Reynolds, Senator, 48th Senatorial District. Sworn to and subscribed before me, this the 3rd day of February, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large My Commission Expires Dec. 22, 1972. (Seal). Approved April 28, 1969.

Page 3964

TOWN OF GUYTONCORPORATE LIMITS, REFERENDUM. No. 696 (Senate Bill No. 241). An Act to amend an Act creating a new charter for the Town of Guyton, approved March 10, 1933 (Ga. L. 1933, p. 952), as amended, so as to change the corporate limits of said town; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the Town of Guyton, approved March 10, 1933 (Ga. L. 1933, p. 952), as amended, is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The corporate limits of the Town of Guyton are as follows: `Beginning at a point on center line of State Highway #17 over culver of Branch channel. This point being 5497.8 feet South of State Highway #17 from the intersection of State Highway #17 and State Highway #119. Thence north 89 degrees 15 minutes west 800 feet. Thence north 45 degrees 0 minutes west 4659.6 feet. Thence north 18 degrees 45 minutes west 1200.0 feet, crossing State Highway #119 at center line 600 feet. Thence north 12 degrees 15 minutes east 5313.0 feet. Thence north 24 degrees 0 minutes west 884.4 feet, this being along the old city limit line. Thence south 62 degrees 30 minutes west 840.0 feet. Thence north 27 degrees 30 minutes west 4052.4 feet. Thence north 62 degrees 30 minutes east 3000.0 feet crossing State Highway #17 at center line 1500.0 feet. Thence south 27 degrees 30 minutes east 4052.4 feet. Thence north 62 degrees 30 minutes east 2526.0 feet. Thence south 0 degrees 30 minutes east 2138.4 feet at a point in center of Brogdon Public Road. Thence south 46 degrees 30 minutes west 561.0 feet this running the center of Brogdon Public Road. Thence south 23 degrees 30 minutes east 3141.6 feet. Thence north 66 degrees 0 minutes east 1828.2 feet.

Page 3965

Thence south 24 degrees 0 minutes east 1800.0 feet crossing center line of State Highway #119 at 800.0 feet. Thence south 26 degrees 30 minutes west 7128.0 feet. Thence north 89 degrees 15 minutes west a distance of 600.0 feet to center line of State Highway #17 over culvert and branch channel being the point of beginning. According to the proposed plat of same by Paul Weitman, County Surveyor, date February 4, 1969, and recorded in surveyors records book I (eye) page 324 Effingham County, Georgia.' Corporate limits. Section 2. Not less than 30 nor more than 45 days after the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the official of the Town of Guyton whose duty it is to call and conduct elections to issue the call for an election for the purpose of submitting this Act to the voters of the Town of Guyton residing within the area defined in section 1 of this Act, for approval or rejection. The said official shall set the date of such election for a day not less than 30 nor more than 45 days after the issuance of the call. The said official shall cause the date and purpose of the election to be published once a week for two weeks in the official organ of the Town of Guyton. The ballot shall have written or printed thereon the words: For approval of the Act changing the corporate limits of the Town of Guyton. Referendum. Against approval of the Act changing the corporate limits of the Town of Guyton. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the Town of Guyton. It shall be the duty of the said official to hold and

Page 3966

conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the said official to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Georgia, Effingham County. Notice is hereby given as prescribed by law that there will be introduced in the 1969 session of the General Assembly of the State of Georgia a local bill to amend the charter of the City of Guyton so as to extend the city limits of said city. W. Jones Lane H. Walstein Parker Paul E. Nessmith, Sr. (Representatives, District number 44) Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edward H. Zipperer who, on oath, deposes and says that he is Senator from the 3rd District, and that the attached copy of notice of intention to introduce local legislation was published in the Springfield Herald which is the official organ of Effingham

Page 3967

County, on the following dates: January 31 and February 7, 14, 1969. /s/ Edward H. Zipperer Senator, 3rd District Sworn to and subscribed before me, this 4th day of March, 1969. /s/ Pamela R. Little Notary Public (Seal). Approved April 28, 1969. CITY OF BUFORDCHARTER AMENDED. No. 697 (Senate Bill No. 244). An Act to amend an Act creating a new charter and municipal government for the City of Buford, approved December 24, 1937 (Ga. L. 1937-1939, Ex. Sess., p. 953), as amended, so as to provide for electing the city commissioners by a majority vote; to provide for a runoff election; to change the method of selecting four of the members of the Board of Education of the City of Buford; to provide an effective date; to repeal conflicting laws; and other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter and municipal government for the City of Buford, approved December 24, 1937 (Ga. L. 1937-1938, Ex. Sess., p. 953), is hereby amended by adding a new section to be designated as section 4B, to read as follows: 4B. No candidate shall be elected for the office of city commissioner in any election held for the purpose of electing

Page 3968

city commissioners, unless such candidate receives a majority of the votes cast in said election. In the event no candidate receives a majority of the votes cast, a runoff election shall be held between the two candidates receiving the highest number of votes. The runoff election shall be held as provided in the `Georgia Municipal Election Code'. Majority vote, etc. Section 2. Said Act is further amended by striking section 91 in its entirety and inserting in lieu thereof a new section 91, to read as follows: Section 91. The registered voters of the City of Buford shall elect four members of the board of education of the public school system of the City of Buford. At the regular city election held in 1969, the registered voters shall elect two members of said board to fill the vacancies occurring on December 31, 1969, by the expiration of terms of two of the present members. The members elected in said election shall take office for a term of two years on the first day of January following their election and shall serve until their successors are elected and qualified. At the regular city election held in 1970, the registered voters shall elect two members of said board to fill the vacancies occurring on December 31, 1970, by the expiration of terms of two of the present members. The members elected in the 1970 city election shall take office for a term of two years on the first day of January following their election and shall serve until their successors are elected and qualified. Thereafter, successors who are elected to the members of the board provided herein shall be elected at the city election which is conducted in that year in which their respective terms of office shall expire and they shall take office on the first day of January following their election and shall serve for a term of two years and until their successors are elected and qualified. In the event of a vacancy on the board of one of the above members for any reason other than the expiration of a term of office, such vacancy shall be filed for the unexpired term by the city commission. In addition to the four members of said board so elected, the chairman of the board of commissioners of the City of Buford shall be ex officio chairman of the board of education, and he, with the other four members elected by the registered voters,

Page 3969

shall constitute the board of education of the City of Buford, The qualification for members of said board of education shall be the same as prescribed in the charter for the city commissioners of said city, and said members of the board of education shall be elected under the same rules and regulations as govern the election of city commissioners. Board of education. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1969 Session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Buford, approved December 24, 1937 (Ga. L. 1937-38, Ex. Sess., p. 953), as amended, so as to require candidates in primaries and elections to receive a majority of the votes cast in order to be nominated or elected to public office in said city; to provide that the board of education shall be elected; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. This 13th day of February, 1969. Steve Reynolds Senator, 48th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Reynolds who, on oath, deposes and says that he is Senator from the 48th District, and that the attached copy of notice of intention to introduce local legislation was published in the

Page 3970

Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: February 14, 21, 28, 1969. /s/ Steve Reynolds Senator, 48th District Sworn to and subscribed before me, this 5th day of March, 1969. /s/ Pamela R. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 28, 1969. WILKES COUNTYSALARY OF CLERK OF SUPERIOR COURT. No. 698 (Senate Bill No. 255). An Act to amend an Act placing the sheriff, the ordinary and clerk of the superior court of Wilkes County upon an annual salary, approved April 2, 1963 (Ga. L. 1963, p. 2803), as amended, so as to change the compensation of the clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff, the ordinary and clerk of the superior court of Wilkes County upon an annual salary, approved April 2, 1963 (Ga. L. 1963, p. 2803), as amended, is hereby amended by striking from section 3 the following: $5,500.00 and substituting in lieu thereof: $6,000.00, so that when so amended section 3 shall read as follows:

Page 3971

Section 3. The clerk of the superior court shall receive an annual salary of $6,000.00 per annum, payable in twelve equal monthly installments, to be paid on the last business day of each calendar month from the funds of Wilkes County. The clerk shall be authorized to appoint a deputy clerk who shall serve at the pleasure of the clerk, and who shall receive as compensation for his services as such the sum of $3,500.00 per annum, payable in the same manner as the clerk's salary. The clerk's office shall be furnished with all necessary office equipment and supplies required for the efficient maintenance of the clerk's office by the board of commissions of Wilkes County, payable from county funds. Section 2. The provisions of this Act shall become effective on January 1, 1970. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to change the compensation of the clerk of superior court of Wilkes County; and for other purposes. This 4th day of February, 1969. S. P. McGill Senator, 24th District Ben B. Ross Representative, 26th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sam P. McGill who, on oath, deposes and says that he is Senator from the 24th District, and that the attached copy of notice of intention

Page 3972

to introduce local legislation was published in The News-Reporter which is the official organ of Wilkes County, on the following dates: February 6, 13 and 20, 1969. /s/ Sam P. McGill Senator, 24th District Sworn to and subscribed before me, this 7th day of March, 1969. /s/ Pamela R. Little Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 28, 1969. WHITE COUNTYORDINARY PLACED ON SALARY BASIS. No. 699 (Senate Bill No. 258). An Act to abolish the present mode of compensating the ordinary of White County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the ordinary of White County, known as the fee system, is hereby

Page 3973

abolished, and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Salary basis. Section 2. The ordinary shall receive an annual salary a minimum of $6,000.00, payable in equal monthly installments from the funds of White County. The governing authority may raise the ordinary's salary whenever it shall be deemed proper to do so. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the ordinary shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 4. The ordinary shall have the authority to appoint such personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. The ordinary shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of White County to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the ordinary, during his term of office, to designate and name the person or persons who shall be employed, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Employees.

Page 3974

Section 5. The necessary operating expenses of the ordinary's office, expressly included the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of White County. Office expenses, etc. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Pursuant to the request by the County Commissioners of White County, Georgia, notice is hereby given that there will be introduced in the General Assembly of Georgia a local bill effecting the ordinary of White County. The local legislation will place the ordinary on an annual salary and abolish the fee system in the ordinary's office, and to abolish conflicting law and for other purposes. This 10th day of February, 1969. Carlton Colwell, State Representative Maylon K. London State Senator Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Maylon K. London who, on oath, deposes and says that he is Senator from

Page 3975

the 50th District, and that the attached copy of notice of intention to introduce local legislation was published in The Cleveland Courier which is the official organ of White County, on the following dates: February 14, 21, 28, 1969. /s/ Maylon K. London Senator, 50th District Sworn to and subscribed before me, this 10th day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission Expires Jan. 9, 1971. (Seal). Approved April 28, 1969. RABUN COUNTYSHERIFF'S SALARY, ETC. No. 701 (Senate Bill No. 270). An Act to amend an Act placing the sheriff of Rabun County upon an annual salary, approved April 5, 1965 (Ga. L. 1965, p. 3218), so as to change the compensation of the sheriff; to change the maximum amount of compensation authorized for the deputy sheriff; 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 placing the sheriff of Rabun County upon an annual salary, approved April 5, 1965 (Ga. L. 1965,

Page 3976

p. 3218), is hereby amended by striking from section 3 the following: seven thousand ($7,000.00) dollars, and inserting in lieu thereof the following: nine thousand ($9,000.00) dollars, so that when so amended, section 3 shall read as follows: Section 3. The annual salary of said sheriff shall be nine thousand ($9,000.00) dollars, payable in equal monthly installments from the funds of Rabun County, or as may be fixed in the budget. Sheriff's salary. Section 2. Said Act is further amended by striking from the third paragraph of section 4 the following: four thousand eight hundred ($4,800.00) dollars, and inserting in lieu thereof the following: five thousand two hundred ($5,200.00) dollars, so that when so amended the third paragraph of section 4 shall read as follows: The sheriff of Rabun County shall, at his option, be empowered to employ one full-time deputy at a salary not less than two thousand four hundred ($2,400.00) dollars per year and not more than five thousand two hundred ($5,200.00) dollars per year; the exact compensation shall be submitted by the sheriff in his proposed budget. Deputy sheriff. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3977

Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia, regular session 1969, a local bill to amend the law relative to the sheriff of Rabun so as to change the compensation of certain officers. This 10th day of February, 1969. Maylon K. London, State Senator50th Dist. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable Maylon K. London who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of notice of intention to introduce local legislation was published in the Clayton Tribune which is the official organ of Rabun County, on the following dates: February 13th, 20th, and 27th, 1969. /s/ Maylon K. London Senator, 50th District Sworn to and subscribed before me, this 12th day of March, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. Approved April 28, 1969.

Page 3978

CITY OF HELENNEW CHARTER. No. 703 (Senate Bill No. 284). An Act to provide a new charter for the City of Helen; to define certain terms; to provide for the corporate limits; to provide for the corporate powers; to provide for preserving of all ordinances; to provide for the election of the mayor and councilmen; to prohibit certain campaign activities; to provide for the powers of the city council; to provide for the powers of the mayor and vice-mayor; to provide for the method of filling vacancies in the office of mayor and councilmen; to provide for certain restrictions for councilmen; to provide for a city clerk and other municipal officers; to provide the procedure for the adoption of ordinances; to provide for the codification of ordinances; to authorize the adoption of rules and regulations by agencies of the city; to provide for the organization of the city government; to prescribe the administrative duties of the mayor; to provide for a city attorney; to provide for a city court and the procedures connected therewith; to provide for other officers and employees of the city, their appointment, suspension and removal; to prescribe an oath of office; to provide for official bonds; to provide for the municipal fiscal year; to provide for centralized purchasing; to provide the procedure for the sale of city property; to provide for annual audits; to provide the procedures relative to the assessment, levy and collection of ad valorem taxes; to provide for special assessments; to provide for the official depository; to provide for restrictions on actions for damages against the city; to provide for penalties; to provide for severability; to repeal an Act incorporating the Town of Helen, approved August 18, 1913 (Ga. L. 1913, p. 893), as amended; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE 1. CHARTER, DEFINITIONS, CITY LIMITS AND CORPORATE POWERS. Section 1.01. This Act shall constitute the whole charter

Page 3979

of the City of Helen, Georgia, repealing and replacing the charter provided by Act No. 211 of the Georgia Laws of 1913, as amended. The City of Helen, Georgia, in the County of White, and the inhabitants thereof, are hereby constituted and declared a body politic and corporate by the name and style of City of Helen, Georgia, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all the courts of equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure. Charter. Section 1.02. Definitions. Be it further enacted, That as used in this Act the following words and terms shall have the following meanings: (a) City shall mean the City of Helen, Georgia. (b) Councilman shall mean a person elected to the city council as provided in this Act. Member of the council shall mean the mayor and each councilman. (c) Non-partisan shall mean without any designation of candidates and members or candidates of any state or national political party or organization. (d) At large shall mean the entire city, as distinguished from representation by wards or other districts. (e) Public way shall mean any land used by the public as a passage way, including but not limited to streets, roads, highways, expressways, freeways, boulevards, avenues, parkways, alleys, lanes, sidewalks, walks, bridges, viaducts, subways, underpasses, tunnels, and other thoroughfares, and including the rights-of-way of such public ways. (f) Code shall mean any publication or compilation of rules, regulations, specifications, standards, limitations, or requirements by an agency of the Federal or State government, or by a municipality, or by a trade association or other organization generally recognized as an authority in its field of activity.

Page 3980

(g) Agency shall mean any office, court, utility, board, commission, institution, or other organization in charge of or administering any public function or municipal affair of the city. (h) Officer shall mean and include the mayor, councilmen, city judge, member of boards and commissions, and any other persons classified as public officers by the laws or judicial decisions of this State. An officer as herein defined shall fill an office, and an employee shall fill a position of employment. (i) Elector shall mean a person residing within the city who is qualified to vote therein. (j) The masculine shall include the feminine, and the singular shall include the plural and vice versa. (k) The word shall is mandatory; may is permissive. Section 1.03. City Limits. Be it further enacted, That the boundaries of the city shall be extended as follows: Beginning at the middle of Chattahoochee River south of the corners of original lots of land Numbers 26 and 27; thence running north one-half mile; thence west to corporate limits of Robertstown; thence along said corporate limits to the middle of Chattahoochee River; thence down said River to a point within one-half mile of the northwest corner of the bank building of `Bank of Helen'; thence in a southerly direction within a radius of one-half mile distance at all points from said corner of said bank building of `Bank of Helen' to a line running due north to a point one hundred and fifty (150) feet east of the end of north side of Main Street Bridge; thence west to middle of said Chattahoochee River; thence down said River to beginning point. Section 1.04. Corporate powers. Be it further enacted, That the corporate powers of the city, to be exercised by the city council, shall include the following:

Page 3981

(a) To levy and to provide for the assessment and collection of taxes on all property subject to taxation. (b) To levy and to provide for the collection of license taxes on privileges, occupations, trades, and professions. (c) To levy and to provide for the collection of registration fees on automobiles and trucks owned by residents of the city, and also on automobiles and trucks owned by nonresidents and operated within the city with any regularity. Such registration fees on trucks or automobiles may be graduated according to their tonnage capacities, weight or horsepower. (d) To appropriate and borrow money to provide for payment of the debts of the city, and to authorize the expenditure of money for any municipal purpose or matter of national or state interest. (e) To acquire, dispose of, and hold in trust or otherwise any real, personal or mixed property, inside or outside the city. (f) To condemn property, inside or outside the city, for present or future use, under Sections 36-202 of the Code of Georgia, 1933, or under other applicable public Acts. (g) To acquire, operate and dispose of public utilities, subject to the provisions of applicable general laws. (h) To grant franchises or make contracts for public utilities and public services, not to exceed a period of twenty years. The council may prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor. (i) To regulate the rates and services of public utilities insofar as not in conflict with such regulation by the State Railroad and Public Utilities Commission or other similar state or Federal agency having jurisdiction in such matters.

Page 3982

(j) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, 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 taken under Section 36-202 of the Code of Georgia or other applicable public Acts. (k) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoning their lots of lands. A real estate owner shall be liable for any injury or damage sustained by reason of a defective sidewalk adjoining his lot or land and the city shall not be liable for any such injury or damage, if a city officer or employee, authorized to do so by the city council, at least ten days prior to occurrence of the injury or damage served him with personal notice or sent a notice by ordinary mail to the owner of record that the sidewalk should be repaired and placed in a safe condition. (l) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (m) To provide for the collection and disposal of garbage, rubbish and refuse. Charges may be imposed to cover the costs of such services which, if unpaid, shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. (n) To define, regulate and prohibit any act, practice, conduct, or use of property, detrimental, or likely to be detrimental, to the health, morals, safety, security, peace, convenience, or general welfare of inhabitants of the city. (o) To establish minimum standards for and to regulate

Page 3983

building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, santation, cleanliness and safety of inhabitants of the city, and to provide for the enforcement of such standards. (p) To regulate and license weights and measures. (q) To provide that persons given jail sentences in the city court shall work out such sentences on the streets or any public works of the city or in a city workhouse established for this purpose, as provided by ordinance; or the council may provide for the commitment of city prisoners to the county workhouse or jail by agreement with the appropriate county officers. (r) To regulate and license or prohibit the keeping or running at large of animals and fowls and to provide for the impoundment of same in violation of any ordinance or lawful order and for their disposition, by sale, gift, or humane killing, when not redeemed as provided by ordinance. (s) 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 of such vehicles in amounts prescribed by ordinance, and to regulate and rent parking spaces in public ways for the use of such vehicles. (t) To levy and provide for the collection of special assessments for public improvements. (u) To provide that the violation of any ordinance, rule, regulation or order shall be punishable as a misdemeanor. (v) 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, morals, and general welfare of the city and its inhabitants, and all implied powers necessary to carry into execution all powers granted in the Act as fully and completely as if such powers were fully enumerated

Page 3984

herein. No enumeration of particular powers in this Act 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 cities under the constitution or applicable public Acts of the State. Section 1.05. Ordinances. Be it further enacted, That all ordinances, by-laws, rules and regulations now in force in said city, not inconsistent with this Act, are hereby declared valid and of force until amended or repealed by said mayor and councilmen of said city. ARTICLE 2. CITY COUNCIL. Section 2.01. Election of mayor and councilmen. Be it further enacted, That the general election for said city shall be held on the second Wednesday in December of each year. The present mayor and councilmen serving at the time of the adoption of this Chater shall continue to serve out the terms of office to which they were elected and until their successors are duly elected and qualified. Their successors shall be elected for a term of office of two years and until their successors are duly elected and qualified. The City of Helen shall be governed by a mayor and six (6) councilmen. Any qualified elector of the city shall be eligible to offer as a candidate for mayor or councilman. The terms of office of the mayor and councilmen shall begin on the second Tuesday in January next following their election, and they shall serve until their successors have been elected and qualified. Section 2.02. Restrictions on candidates and their supporters. Be it further enacted, That if a candidate directly or indirectly gives or promises to any person or persons any office, employment, money, benefit, or any thing of value from the city funds in connection with his candidacy, upon conviction thereof he shall be punished by a fine of not more than one hundred dollars ($100.00), or by imprisonment not to exceed one year, or by both such fine and imprisonment,

Page 3985

and shall thereafter be ineligible to hold any office or position of employment in the city government for a period of five years. Section 2.03. City Council. Be it further enacted, That the mayor and six councilmen shall compose the city council, in which is vested all corporate legislative and other powers of the city, except as otherwise provided in this Act. The council shall be the final judge of the election and qualifications of its members. The members of the council shall receive such salary per official meeting of the council, as may be set by the council. The council shall prescribe the compensation of the councilmen annually. The council shall hold regular public meetings at a stated time and place, as provided by ordinance. The council shall meet in special session on written call of the mayor or any two councilmen and served on the other members personally or left at their residence at lease twelve (12) hours in advance of the meeting, but such notice of a special meeting may be waived by the councilmen and shall not be required if the mayor and all councilmen are present when the special meeting is called. Only the business stated in the written call may be transacted at a special meeting, except by unanimous consent of all members of the council. The council shall exercise its powers only in public meetings. A majority of the council shall constitute a quorum. The council may by ordinance adopt rules and by laws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent members. The council may subpoena and examine witnesses, to order the production of books and papers, and to have the same powers as a circuit court to punish for refusal to obey such an order or subpoena or for disorderly or contemptuous behavior in the presence of the council. Section 2.04. Mayor as presiding officer. Be it further enacted, That the mayor shall preside at meetings of the council, shall have a vote only in case of a tie, shall be the ceremonial head of the city, shall sign ordinances and resolutions on their final passage, shall sign deeds, bonds and contracts when authorized by the council to do so, shall be

Page 3986

the officer to accept process against the city, and shall perform other duties imposed by this Act and ordinances not inconsistent with this Act. The mayor shall receive such annual salary as may be set by the council. The council shall prescribe the salary of the mayor on an annual basis. Section 2.05. Vice-mayor. Be it further enacted, That the council at the first regular meeting, after the newly elected councilmen have taken office following each annual election, shall elect from its membership a vice-mayor for a term of one year. In the event that no decision is reached at such first regular meeting, the council shall elect from its membership within ten days following such meeting, the vice-mayor, otherwise the councilman who received the highest number of votes when he was last elected shall be come vice-mayor. The vice-mayor shall perform the duties of the mayor during his absence or inability to act, and shall fill out any unexpired term in the office of mayor, in which case a new vice-mayor shall be elected by majority vote of the council. Section 2.06. Vacancy in office of mayor or councilman. Be it further enacted, That a vacancy shall exist if the mayor or a councilman resigns, dies, moves his residence from the city, has been continuously disabled for a period of six months so as to prevent him from discharging the duties of his office, or is convicted of malfeasance or misfeasance in office, or felony, or of a violation of this Act or a violation of the election laws of the State. The council shall appoint a qualified person to fill such a vacancy for the remainder of the unexpired term. If a tie vote by the council to fill a vacancy is unbroken for fifteen (15) days, the mayor or vice-mayor in case of a vacancy in the office of mayor, shall appoint a qualified person to fill the vacancy. At no time shall there be more than two members so appointed holding office, and if a vacancy occurs with two members so appointed on the council, a special election shall be held by the city election managers within forty-five (45) days following occurrence of the vacancy, at which election a mayor or councilman, as the case may be, shall be elected

Page 3987

to serve the remainder of the unexpired term of the vacant office; provided that no such election shall be held if a regular annual election will occur within six months. Candidates in such a special election shall be nominated as provided in Section 2.01 of this Act. Section 2.07. Restrictions on councilmen. Be it further enacted, That the 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 to interfere in any way with the performance of duties by the mayor or any other officer or employee. The council shall deal with the various agencies, officers and employees of the city, except boards or commissions authorized by this Act, solely through the mayor, and shall not give orders to any subordinates of the mayor, either publicly or privately. Nothing herein contained shall prevent the council from conducting such inquiries into the operation of the city government and the conduct of the city's affairs as it may deem necessary. The office of any councilman violating any provision of this Section shall immediately become vacant upon his conviction in a court of competent jurisdiction. Section 2.08. City clerk. Be it further enacted, That the council shall elect a city clerk, who shall be responsible for keeping and preserving the city seal and all records of the council; attending meetings of the council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the vote of the members on each question, each motion considered, and the title of each resolution or ordinance considered; preparing and certifying copies of official records in his office, for which fees may be prescribed by ordinance; he shall receive tax returns collected on municipal taxes, the collection of which is not otherwise provided for; issue all license and collect all license fees and other moneys due to the said town, street tax excepted; shall receive all money due said town; shall issue executions against all defaulters for taxes, said execution being directed to the Marshal of said town and his deputies; he shall be the custodian of the funds of said city and shall do and perform all such other duties as may be

Page 3988

imposed upon him by the council. The clerk shall be elected at the same meeting and in the same manner as the vice-mayor. The clerk shall also be the treasurer of said city. The clerk and treasurer may be a member of the council. In all instances, the clerk and treasurer must be a citizen of the city. Said clerk and treasurer shall when elected enter into a bond with sufficient securities to be approved by the council of the City of Helen, conditioned faithfully to collect and pay over and account for all taxes and other income of said city from whatsoever source derived to perform the duties herein prescribed, and such other duties as may be imposed upon him by the mayor and councilmen. Section 2.10. City legislation. Be it further enacted, That any action of the council having a regulatory or penal effect, relating to revenue or the expenditure of money, or required to be done by ordinance under this Act, shall be done only by ordinance. Each motion, resolution and ordinance shall be in written form before being signed by the mayor. The affirmative vote of the majority of the quorum of the council shall be required to pass any motion, resolution or ordinance. Unless otherwise provide, each ordinance shall take effect one week after its adoption, except that, where an emergency exists and the public safety and welfare require it, an ordinance containing a full statement of the facts and reasons for the emergency may be made effective upon its adoption if approved by at least four members of the council. No ordinance relating to a franchise, exclusive contract, or other special privilege shall be passed as an ememgency ordinance. Amendments of ordinances and resolutions or parts thereof shall be accomplished only by setting forth the complete Section, Sections, subsections in their amended form. A code may be adopted by an ordinance which contains only a refrence to its title, date and a general statement of the content of the code, and the city clerk shall file a copy of the code in his office. The city shall furnish a copy of any such code to any person for a reasonable fee. After adoption of a code or ordinances, as provided herein, the city clerk shall number ordinances consecutively in the order of their final adoption and shall copy them into

Page 3989

a permanent record book used solely for this purpose and the city clerk shall do likewise for resolutions, using a separate series of numbers and a separate record book. The original copies of all ordinances, resolutions and motion shall be filed and preserved by the city clerk. An abstract of the essential provisions of each ordinance shall be posted on the city bulletin board for ten days after its adoption, except that only the title shall be so published of a code adopted by reference as provided in this Section. Section 2.11. Codification of ordinances. Be it further enacted, That within three years after this Act becomes effective there shall be prepared, under the direction of the mayor and with the advice of the city attorney, a codification of all ordinances and resolutions having a regulatory effect or of general application which are to be continued in force. Existing ordinances and resolutions may be revised, amended, and consolidated in making the codification, which shall then be adopted as a single ordinance to be known and cited as the Official Code of the City of Helen, Georgia; and thereupon all ordinances and resolutions in conflict therewith shall be repealed. The ordinance containing the code need not be published in a newspaper, either in full or in part or in abstracted form, but a notice of its adoption shall be published once in the official city newspaper. The code shall be reproduced in looseleaf form and shall be made available to any person desiring a copy, for which a reasonable fee may be charged. An additional annual fee may be charged for furnishing revisions currently. After adoption of the code each ordinance shall be adopted as a numbered Section or Sections of the code, as amending existing Sections or adding new Sections. Such new ordinances shall be reproduced to replace existing pages (with instructons to destroy existing pages) or to be added to the code, and shall be distributed to city officials and employees having copies of the code and to other persons who have paid the annual fee for current revisions. Notes shall be inserted at the end of amended or new Sections, referring to the dates and numbers of ordinances making the amendments or adding the new Sections, and such references shall be cumulative if a Section is amended more than once in order that the current copy of the code will contain references

Page 3990

to all ordinances passed since the adoption of the original code. Section 2.12. Rules and regulations. Be it further enacted, That the council may by ordinance authorize officers and agencies of the city to promulgate formal rules and regulations within their respective jurisdiction, subject to such restrictions and standards of guidance as the council may prescribe. No such formal rule or regulation shall take effect until it is filed with the city clerk, who shall file and preserve the original copy in his office. Such rules and regulations shall be included as a separate Section of the official code and shall be reproduced and distributed in looseleaf form as required by Section 2.10. Amendments of such rules and regulations shall be accomplished by setting forth complete Sections or subsections in their amended form. ARTICLE 3. ORGANIZATION AND PERSONNEL. Section 3.01. Organization. Be it further enacted, That the city government shall be organized into a department of general government, Police Department, Fire Department and other departments as provided by ordinance, but no such department shall be created until after the council has received and considered the written recommendations of the mayor. The council by such ordinances may establish, abolish, merge, or consoidlate offices, positions of employment, departments, and agencies of the city, 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, subject to the following exceptions: (a) the number of members of the council, as provided in this Act, shall not be changed, (b) all officers and employees of the city, except as otherwise specifically provided in this Act, or by ordinance of the council shall be appointed and removed by and shall be under the direction and control of the mayor, (c) the office mayor shall not be abolished. Section 3.02. Administrative duties of mayor. Be it further enacted, That the mayor shall be the executive head of

Page 3991

the city government, responsible for the efficient and orderly administration of the city's affairs. He shall be responsible for the enforcement of laws, rules and regulations, ordinances and franchises in the city, and the city attorney shall take such legal actions as the mayor may direct for such purposes. He shall have authority to appoint, promote, demote, transfer, suspend and remove all officers and employees and to direct and control their work, except as otherwise provided in the Act. He shall submit to the council any financial reports, other reports, and such other information as he may deem necessary or the council may require. He shall have the authority to make allotments of funds within the limits of appropriations as prescribed herein and no expenditure shall be made without his approval. If no other employee is designated as purchasing agent, he shall act as purchasing agent for the city. He may conduct inquiries and investigations into the conduct of the city's affairs and shall have such other powers and duties as may be provided by ordinances not inconsistent with this Act. Section 3.03. City Attorney. Be it further enacted, That the council shall elect a city attorney, together with such assistant city attorneys as may be authorized by ordinance. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a part, shall be the prosecuting officer in the city court, upon request shall attend meetings of the council, shall advise the council, mayor and other officers and employees of the city concerning legal aspects of the city's affairs, shall approve as to form and legality all contracts, deeds, bonds, ordinances, resolutions, motions, prescribed by the council or mayor. Section 3.04. City Court. Be it further enacted, That the mayor of said city or in his absence or disqualification, the mayor pro tem., or in the absence or disqualification of both these officers, anyone of the councilmen elected as herein prescribed shall hold a Mayor's Court for the trial of all persons charged with violating any of the ordinances, orders, bylaws, rules or regulations of the said city, and on conviction shall punish such offenders by fine not to exceed

Page 3992

three hundred dollars ($300.00), or imprisonment in the guardhouse of said city not to exceed thirty days, or by compelling them to work upon the streets of said city for not more than thirty days and anyone or more of such punishments may be ordered in the discretion of the court, and the offenders shall also be liable for the cost of the court. Said could shall have full power to punish by fine, imprisonment, or work on the streets, persons guilty of contempt to said court, said fine in no case to exceed twenty-five dollars ($25.00) and said imprisonment not to exceed ten days; said court shall have full power and authority to issue executions directed to the marshal and his deputies for the enforcement of any and all fines imposed and for the collection of all costs, to provide for the enforcement of its sentences, to imprison in the guardhouse of said city any and all persons who may be convicted of offenses under this Act or by the ordinance and regulations passed in pursuance thereto where the penalty is imprisonment, and to imprison in said guardhouse any and all persons guilty of such offenses where the penalty is a fine and until such fine and cost is paid or otherwise discharged according to law. The presiding officer of said court shall assess and fix the amount of bail of any and all persons brought before him for examination or trial, arrested for the violation of any municipal ordinance, order, bylaw, rules or regulations and where the offense charged is a violation of a municipal law, the marshal shall take a bond in the amount so fixed payable to the mayor of said city and said bond and its securities to be approved by said presiding officer or in lieu thereof the marshal may take a cash deposit of said amount. Upon the trial of any case before the Mayor's Court, either party, dissatisfied with the decision of said mayor, may upon giving bond and security, appeal his case to the council, presided over by the mayor, and from the decision of said council, may appeal the same to the Superior Court. The city attorney or assistant city attorney shall be the prosecuting officer of the court. Section 3.05. Other officers and employees. Be it further enacted, That the council by ordinance, after receiving the written recommendations of the mayor, may establish offices and positions of employment and may abolish, combine

Page 3993

or modify them in accordance with such recommendations. The powers and duties of such offices and positions of employment may be defined by ordinance, and if not defined by ordinance, shall be defined in formal rules and regulations issued by the mayor as provided in Section 2.12 of this Act, but in any event the mayor may require officers and employees of the city, except those appointed by and accountable to the council, to perform such additional duties as may be considered necessary by him for the proper and efficient conduct of the city's affairs. Public utilities owned or operated by the city may be under the supervision of the mayor and employees appointed by him or may be under boards or commissions appointed by and answerable to the council, as provided by ordinance. The salaries of all employees of the city shall be fixed by ordinance under a pay plan. Section 3.06. Appointment, suspension and removal of employees. Be it further enacted, That all employees of the city, except as otherwise provided in this Act, shall be appointed, promoted, demoted, transferred, suspended and removed by the mayor. During a suspension an employee's salary may be reduced or eliminated, as determined by the mayor. Before suspending for more than thirty days or removing an employee, the mayor shall serve the employee with a written notice of intention to suspend or remove him, containing a clear statement of the grounds for such proposed action and notification that the employee may appeal to the city council by filing, within ten days, with the city clerk written notice of his intention to do so. The decisions of the city council in cases of such appeals by employee shall be final. Section 3.07. Oath of office. Be it further enacted, That before a person takes any office in the city government, he shall take, subscribe to, and file with the city clerk the following oath or affirmation: I solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of Georgia, that I will, in all respects, observe the provisions of the charter and ordinances of the

Page 3994

City of Helen, and that I will faithfully discharge the duties of the office of...... Section 3.08. Official Bond. Be it further enacted, That the mayor and city clerk and every officer, agent, and employee of the city having duties embracing the receipt, disbursement, custody, or handling of money, and other officers and employees as may be required by ordinance, shall give a fidelity bond or faithful performance bond, as provided by ordinance, in such amount as shall be prescribed by ordinance. All such bonds and sureties thereto shall be subject to approval by the council. The cost of such bonds shall be paid by the city. All such bonds shall be kept in the custody of the city clerk, except that the city clerk's bonds shall be in the custody of the mayor. Section 3.09. Officers and employees not to profit from connections with city. Be it further enacted, That no officer or employee of the city shall profit personally, directly or indirectly, from any contract, purchase, sale, or service, between the city government and any person or company, nor shall any officer or employee accept any free or preferred service, benefits, or concessions from any persons or company, except that free transportation may be provided to policemen and firemen on official duty. ARTICLE 4. FISCAL ADMINISTRATION. Section 4.01. Fiscal Year. Be it further enacted, That the fiscal year of the city government shall begin on the first day of July and shall end on the thirtieth day of June of the succeeding year, but another fiscal year may be fixed by ordinance for the entire city government or for any utility. Section 4.02. Centralized Purchasing. Be it further enacted, That all contracts and purchases, except those that may be reserved to the council by ordinance, shall be made by the city purchasing agent, who shall be the mayor or an employee appointed by him. Any expenditure or contract for more than one hundred dollars ($100.00) shall be made only after approval by the city council.

Page 3995

Section 4.03. Sale of city property. Be it further enacted, That the mayor may sell any city property which is obsolete, surplus or unusable, if the proceeds do not exceed two hundred dollars ($200.00), without taking bids, provided that any sale for more than two hundred dollars ($200.00) or any sale of real estate shall be subject to approval by the council. Section 4.04. Annual audit. Be it further enacted, That the council shall employ a competent person to make an annual audit of all financial books and records of the city. The accountant shall file his report with the council, at a time agreed to between him and the council, and shall prepare a summary of the report which shall be placed on the city bulletin board for ten days thereafter. Section 4.05. Property Taxes. Be it further enacted, That all property subject to taxation for State or county purposes, including the capital stock of merchants and public service companies, assessed as of January 10 in each year, shall be subject to the property tax levied by the city. The council by ordinance may elect to use the county assessment or may provide for an independent city assessment as provided by Georgia law. If an independent city assessment is made, a board of equalization, consisting of three persons appointed by the council, with compensation fixed by ordinance, shall hear appeals of taxpayers taken within ten days after the city assessor has sent a notice by ordinary mail of a new or increased assessment; provided that such notice shall not be required nor may appeals be taken in the case of initial city assessments that are the same as county assessment. Except as otherwise provided in this Section, appeals involving city property assessments may be taken as provided by general law. The board of equalization may increase or decrease the assessment of all property of the same class by a uniform percentage, in which case individual notices shall not be mailed but a notice of such action shall be posted on the city bulletin board for ten days and one publication in a newspaper of general circulation in the city; such a blanket increase or decrease shall not be subject to appeal. The authority and duties of such city assessing personnel shall be the same as those provided

Page 3996

by general law for county assessing personnel. The city assessor shall meet with and assist the board of equalization. The board of equalization, upon completion of its work, shall submit a written report to the council, including total increases and decreases made by it and the final total assessment of each class of property. Section 4.06. Tax Levy. Be it further enacted, That the council shall make a tax levy, expressed as a fixed rate per one hundred dollars ($100.00), of assessed valuation, and if no tax levy is made within ninety days prior to the tax due date, the property tax rate in effect the last fiscal year shall continue in effect as the tax rate for the new fiscal year. Section 4.07. Tax due dates and tax bills. Be it further enacted, That the due dates of property taxes shall be fixed by ordinance and provision may be made for equal semi-annual installments. The city shall send tax bills to taxpayers, showing the assessed valuations, amounts of taxes due, tax due dates, and information as to delinquency dates and penalties. Failure to send tax bills shall not, however, invalidate any tax. Property taxes shall become delinquent thirty days after a due date, at which time a penalty of five per cent (5%) shall be added and thereafter such taxes shall be subject to interest at the rate of one-half of one per cent ( of 1%) for each month or fraction thereof until paid. On and after date when such taxes become delinquent, the tax records of the city shall have the force and effect of a judgment of a court of record. Section 4.08. Collection of delinquent taxes. Be it further enacted, That the council may provide by ordinance for the collection of delinquent taxes by distress warrants issued by the mayor for the sale of goods and chattels to be executed by any police officer of the city under the laws governing execution of such process from a justice of the peace, or by the county trustee as provided by general law, or by the city attorney acting in accordance with general laws providing for the collection of delinquent city and/or county taxes, or by any two or more of the foregoing methods, and by the use of any available legal processes and

Page 3997

remedies. A lien shall exist against all property on which city property taxes are levied, as of the assessment date of January 10 of each year, which shall be superior to all other liens except that it shall have equal dignity with those for Federal, State or county taxes. Section 4.09. Special assessments. Be it further enacted, That the city may assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, sewers, or other utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates and after the due date of each installment if paid on an installment basis and shall thereupon be subject to a penalty of five percent (5%), and shall thereafter be subject to interest at the rate of one-half of one percent ( of 1%) for each month or fraction thereof until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided in this Article for city property taxes. Section 4.10. Disbursements by checks. Be it further enacted, That all disbursements shall be made by checks signed by the city clerk and countersigned by the mayor. Section 4.11. Official depository. Be it further enacted, That the council shall designate an official depository or depositories for deposit and safekeeping of the funds of the city, and may require such collateral security as it deems necessary. ARTICLE 5. MISCELLANEOUS. Section 5.01. Restrictions on actions for damages against city. Be it further enacted, That no action shall be maintained against the city for damages unless a written statement by the claimant or by his agent, attorney or representative, setting forth the basis for his claim, shall have been filed with the mayor within sixty days after such cause of action shall have occurred, except that when the claimant

Page 3998

is an infant or non compos mentis, or an injured person dies within sixty days, the time limit for filing a claim shall be one hundred and twenty (120) days. No officer or employee of the city may waive this requirement. Section 5.02. General laws may be used. Be it further enacted, That the council in its discretion may elect to use the provisions of any general laws of the State in addition to or instead of the provisions of this Act. Section 5.03. Penalties. Be it further enacted, That the violation of any provision of this Act, for which a penalty is not specifically provided herein, is hereby declared to be a misdemeanor and shall be punished by a fine of not more than two hundred dollars ($200.00), or by imprisonment not to exceed one year, or by both such fine and imprisonment. Section 5.04. Severability. Be it further enacted, That if any Article, Section, subsection, paragraph, sentence, or part thereof, of this Act shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this Act unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this Act that each Article, Section, subsection, paragraph, sentence, or part thereof, be enacted separately and independently of each other. Section 5.05. An Act incorporating the Town of Helen, approved August 18, 1913 (Ga. L. 1913, p. 893), as amended, is hereby repealed in its entirety. Act of 1913 repealed. Section 5.06. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Is hereby given that there will be introduced in the General Assembly of Georgia at the 1969 session a local bid to abolish the charter of the town of Helen, to create a new

Page 3999

charter and to repeal conflicting laws and for other purposes. This 15th day of February, 1969. Maylon K. London State Senator Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Maylon K. London who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of notice of intention to introduce local legislation was published in the Cleveland Courier which is the official organ of White County, on the following dates: February 21, 28 and March 7, 1969. /s/ Maylon K. London Senator, 50th District Sworn to and subscribed before me, this 17th day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. Approved April 28, 1969. BIBB COUNTYBOARD OF EDUCATION AND ORPHANAGEMEMBERS, EMPLOYEES. No. 704 (Senate Bill No. 75). An Act to amend an Act establishing the Board of Public Education and Orphanage for Bibb County, approved October 23, 1872 (Ga. L. 1872, p. 388), as amended, particularly

Page 4000

by an Act approved March 21, 1968 (Ga. L. 1968, p. 2835), so as to clarify the provisions that require appointments made by the board to be subject to the approval of the grand jury; to delete the requirement that the board is to establish a policy which prohibits any person employed by said board in a full-time supervisory or administrative capacity from holding or accepting any other employment; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the board of public education and orphanage for Bibb County, approved October 23, 1872 (Ga. L. 1872, p. 388), as amended, particularly by an Act approved March 21, 1968 (Ga. L. 1968, p. 2835), is hereby amended by striking from section 2C the following sentence: All appointments made by the board shall be subject to the approval or rejection of the next succeeding grand jury which convenes immediately following the appointment., and by substituting in lieu thereof the following: All appointments made by the board shall be subject to the approval or rejection of the grand jury in session at the time of the appointment, or, if time does not permit the appointment to be considered by such grand jury, the next succeeding grand jury which convenes immediately following the appointment., so that when so amended section 2C shall read as follows: Section 2C. After the effective date of this section, the ordinary and judges of the Superior Court of Bibb County shall cease to be members of the board. In the year 1969, the members of the board shall elect successors to the incumbents occupying positions 1 and 2. In June of the year 1970, the members of the board shall elect successors to the incumbents occupying positions 3 and 4 that are then on the board. In June of the year 1971, the members of the board shall elect successors to the incumbents occupying

Page 4001

positions 5 and 6 that are then on the board. In June of the year 1972, the members of the board shall elect successors to the incumbents occupying positions 7 and 8 that are then on the board. In June of the year 1973, the members of the board shall elect successors to the incumbents occupying positions 9 and 10 that are then on the board. In June of the year 1974, the members of the board shall elect successors to the incumbents occupying positions 11 and 12 that are then on the board. All incumbent members thusly being replaced shall be eligible for reappointment for another six year term unless they were appointed to the board prior to 1956, in which event they shall not be eligible for reappointment. All appointments shall be for a term of six years. Any vacancies, other than those provided for above, on the board for whatever reason shall be filled as expeditiously as possible by the remaining members of the board by electing a qualified person who shall serve out the unexpired term of that board member position. All appointments made by the board shall be subject to the approval or rejection of the grand jury in session at the time of the appointment, or, if time does not permit the appointment to be considered by such grand jury, the next succeeding grand jury which convenes immediately following the appointment. The names of all such appointees shall be submitted by the board to the grand jury; and the grand jury by a majority vote shall either approve the appointment made by the board or reject said appointment. In the event any appointment shall be rejected by the grand jury, a vacancy shall immediately be deemed to exist on the board; and the board shall elect another qualified person to fill said vacancy, who shall also be subject to the approval or rejection of the next succeeding grand jury. Section 2. Said Act is further amended by striking in its entirety section 3B which reads as follows: Section 3B. Said board is hereby authorized and directed to establish a policy which shall become effective on September 1, 1968, which will prohibit any person employed by said board in a full time supervisory or administrative capacity from holding or accepting any other employment while so employed by said board of education. Repealed.

Page 4002

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1969 Session of the General Assembly a bill to amend an Act establishing the board of public education and orphanage for Bibb County, approved October 23, 1872 (Ga. L. 1872, p. 388), as amended, so as to provide that all appointments made by the board shall be subject to the approval of the grand jury before such appointments become valid; to strike the language which requires the board to establish a policy which prohibits any person employed by said board in a full-time supervisory or administrative capacity from holding or accepting other employment; and for other purposes. This 23rd day of January, 1969. Oliver C. Bateman Senator, 27th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Oliver C. Bateman who, on oath, deposes and says that he is Senator from the 27th District, and that the attached copy of notice of intention to introduce local legislation was published in the Macon News which is the official organ of Bibb County, on the following dates: Jan. 24, 1969; Jan. 31, 1969; Feb. 7, 1969. /s/ Oliver C. Bateman Senator, 27th District

Page 4003

Sworn to and subscribed before me, this 11th day of February, 1969. /s/ Rebecca L. Causey, Notary Public, Georgia, State at Large. My Commission expires Oct. 31, 1969. (Seal). Approved April 30, 1969. WILKES COUNTYSMALL CLAIMS COURT. No. 708 (Senate Bill No. 267). An Act to create and establish a Small Claims Court in and for Wilkes County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of the office of the judge of said court; to provide that the judge of said court shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in said county; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for the service of summons of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to prescribe that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for the furnishing of certain law books to said court; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 4004

Section 1. There is hereby created in and for Wilkes County a Small Claims Court which shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers granted to justices of the peace by the laws of the State of Georgia. Created, etc. Section 2. Any person appointed as a judge of the Small Claims Court created by this Act must be a resident of Wilkes County, at least twenty-two years of age, and must be a person of outstanding character and integrity. Judge, etc. All other officers appointed to or employed by said court now or hereafter provided must be at least twenty-one (21) years of age and must be residents of the county. Section 3. Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the superior court of Wilkes County or any judge of a city court located in said county, on application of said judge of the Small Claims Court who is unable to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act. Judge of superior court. Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk, said clerk to be compensated, if at all, from the fees herein authorized. Clerk. Section 5. All fees collected by the judge as herein authorized, shall be retained by him as his sole remuneration. Fees. Section 6. Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The

Page 4005

plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. Actions, etc. (a) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in the county by any official or person authorized by law to serve process in the superior court or by a duly qualified bailiff of the Small Claims Court; or by registered mail or certified with receipt; or by any person not a party to or otherwise interested in the suit, specially appointed by the judge of said court for that purpose. (b) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting on the record the date and hour of mailing. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to sender by United States postal authorities marked refused, giving the date of refusal, and such notation of refusal is signed or initialed by a Unted States post office employee or United States mail carrier to whom refusal was made, then the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant. (c) When served by a private individual, as above provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant. (d) When served as provided, the actual cost of service

Page 4006

shall be taxable as costs not to exceed $5.00. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (e) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount. (f) Said notice shall provide the day and hour of the hearing, which shall not be less than ten nor more than thirty days from the date of the service of said notice; provided, however, that where service is made by registered mail, the date of mail, the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which shall be indicated every proceeding and ruling had in each case. Docket. Section 8. (a) The plaintiff, when he files his claim, shall deposit with the court the sum of seven dollars and fifty cents ($7.50), which shall cover all costs of the proceeding except of service of the notice, and the deposit of cost in cases of attachment, garnishment or trover shall be $7.50. If a party shall fail to pay accrued cost, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court cost, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. Costs. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court, and the judge shall be entitled to $7.50 for every such claim case. The same practice and procedure shall apply in cases of illegal

Page 4007

affidavits. All attachment proceedings shall also be tried by the judge and without a jury. Section 9. (a) On the day set for the hearing, or such later time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on its merits. Hearings, etc. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part hereof to offset the claim of the plaintiff. Setoff. Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction

Page 4008

of the judgment until it is finally and completely satisfied. Judgments. Section 12. The judge of said Small Claims Court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Same. Section 13. The judge of the superior court of Wilkes County may from time to time make rules for a simple, inexpensive and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof. Rules. Section 14. The judge of said court shall have the power to appoint one or more bailiffs of and for said Small Claims Court, to act within and throughout the limits of the county, such bailiffs to serve at the pleasure of the judge and under his direction, and a person so appointed shall be known and designated as Small Claims Court Bailiff and have the powers and authority, and be subject to the penalties, of all lawful constables of the State of Georgia, including the power to serve any and all summons and writs issued from or by said Small Claims Court; with power also to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in Code Section 24-804 and give the bond prescribed in Code Section 24-811 of the Code of Georgia and such bailiffs shall be subject to be ruled for failure of duty of malfeasance in office as are other lawful constables of this State. The sheriff of said county and his deputies shall also have the power and authority to serve, summons, make levies and sales, and serve as ex officio bailiffs of said court. Bailiffs, etc. Section 15. Judgments of said Small Claims Court shall become a lien on the real estate and personal property of a defendant, situated in any county, from the time of the

Page 4009

filing in the office of the clerk of the superior court for said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Judgments. Section 16. Appeals may be had from judgments returned in the Small Claims Court to the superior court and the same provisions now provided for by general law for appeals contained in Code Chapter 6-1 to the superior court, shall be applicable to appeals from the Small Claims Court to the superior court, the same to be a de novo appeal. Appeals. Section 17. Until otherwise provided by the rules of the court, the statement of claims, verification, and notice shall be in the following equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law: Forms. Small Claims Court

Page 4010

Page 4011

Section 18. On or before July 1, 1969, it shall be the duty of the Governor to appoint a duly qualified person to be the judge of the Small Claims Court to take office on said date and to serve until December 31, 1972. During the month of December, 1972, and each four years thereafter, it shall be the duty of the Governor to appoint a successor who shall take office on the first day of January following his appointment to serve for four years and until his successor is appointed and qualified. The judge of the Small Claims Court shall be exempt from jury duty in any other court in the county. Appointment of judge, etc. Section 19. All forms, docket books, file jackets, filing cabinets and the like, required by this Act, shall be furnished by the governing authority of Wilkes County, and they shall also provide a suitable room in the court house for the holding of said court. Office equipment. Section 20. The State Librarian is hereby authorized and directed to furnish the Small Claims Court, without cost to the court or the county, all volumes of Georgia Laws, beginning with the laws of 1967. Lawbooks.

Page 4012

Section 21. Said Small Claims Court having no designated terms at stated periods, the judge thereof shall in each instance, set dates for all hearings and trials in every kind of case, and also designate the times when attachments and executions are returnable, and, also designate the time when each answer to a snmmons of garnishment shall be filed, but no garnishee may be required to file his answer sooner than ten days after he is served with summons. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court in its discretion extends the time for filing, the judge may forthwith render judgment immediately and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Procedure. Section 22. A summons of garnishment may be served by the sheriff or his deputies, or by a lawful constable, or by a Small Claims Court Bailiff, or by the judge of the Small Claims Court; or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit, or to the writ of attachment; provided further it shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to sender by the United States postal authorities marked refused, giving the date of refusal and be signed or initialed by a United States post office employee or United States mail carrier to whom refusal was made. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Garnishment.

Page 4013

Section 23. The judge of said court shall have the power to impose fines of not more than ten dollars or imprison for not longer than twenty-four hours any person guilty of contempt of court, such fines to be paid into the county treasury or depository for county purposes. Contempt. Section 24. The fees of the bailiff or sheriff for the execution of a fi fa shall be five dollars, plus a reasonable amount for drayage to be determined by the Small Claims Court Judge. The rate of commission on all judicial sales shall be ten per cent (10%) of the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of five dollars. Fees. Section 25. The provisions of this Act shall become effective on July 1, 1969. Effective date. Section 26. All laws and parts of laws in conflict with this Act are hereby repealed. To Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 Session of the General Assembly of Georgia, a bill to create a small claims court in and for Wilkes County; and for other purposes. This 4th day of February, 1969. S. P. McGill Senator, 24th District Ben H. Ross Representative, 26th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sam P. McGill who, on oath, deposes and says that he is Senator from the 24th District, and that the attached copy of notice of intention

Page 4014

to introduce local legislation was published in the News-Reporter which is the official organ of Wilkes County, on the following dates: February 13, 20, 27, 1969. /s/ S. P. McGill Senator, 24th District Sworn to and subscribed before me, this 11th day of March, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 30, 1969. CITY OF ROSSVILLENEW CHARTER, REFERENDUMS. No. 712 (House Bill No. 249). A Bill To be entitled an Act To create a new charter for the City of Rossville in the County of Walker; to amend, consolidate and supersede all laws of force and on record pertaining to said city; to provide for an index to said charter; to provide for the government of said City; to prescribe the corporate limits of said City; to provide for the powers, authority and jurisdiction of the City of Rossville over every part of annexed territory of the City; to provide for the conveyance of property sold under any process of the City; to prohibit any interest in contracts and purchases by the Mayor and Councilmen and officers of the City; to provide for the Mayor and Council, and for a Tax Assessor and the officers and employees thereof; their selection, oath, bond, duties, powers and compensation; to provide for the appointment of a Mayor Pro Tem;

Page 4015

to provide for meetings; to provide for a quorum; to provide for the convening of the Council by the Mayor; to provide that the Mayor shall devote full time to the affairs of the City; to provide that the Mayor shall be the presiding officer of the Council, and vote on all matters; to provide for public meetings; to provide for exceptions; to provide for rules and order of business; to provide for minutes; to provide for access to minutes by citizens; to provide that the Mayor shall be the presiding officer of the recorders court in the absence of the City Recorder; to provide for the authority of the Mayor when presiding over the recorders court; to provide that the Mayor shall sign deeds and contracts; to provide that the Mayor shall have all of the powers of a justice of peace; to provide for duties of the Tax Assessor; to provide for the election of city officers by the Mayor and Council; to provide for the office of City Clerk; to provide for the term of office, duties and compensation of the City Clerk; to provide for the suspension, fine and removal from office of all officers elected by the Mayor and Council; to provide for the duties of the City Treasurer, City Attorney; to provide for the establishment of a police department; to authorize the Mayor and Council to employ police officers, one whom shall be designated as Chief of Police; to provide for the duties and compensation of the Chief of Police, and other police officers; to provide for the establishment and maintenance of a fire department; to authorize the Mayor and Council to employ firemen, one of whom shall be designated as Fire Chief; to provide for the duties and compensation of the Fire Chief and other firemen; to prohibit contracts with appointive officers and employees of the City for personal services; to prescribe procedures for annexation of territory and the rights of residents in territory to be annexed; to provide for the procedure for adopting ordinances and resolutions; to provide for the scope of the police legislative powers of the City; to provide for the scope of ordinances, rules and bylaws of the City; to provide for enumeration of powers shall not be held or deemed to be exclusive; to provide for a code of ordinances, resolutions and rules; to provide for their adoption, modification, and repeal; to

Page 4016

enumerate the corporate powers of the Mayor and Council; to provide for ordinances; to provide for the abatement of nuisances; to authorize the Mayor and Council to promulgate public health and sanitation regulations; to police public places and protect the water supply; to enact ordinances to protect against fire, to regulate the building or the repairing of, or the removal of buildings; to regulate safety of buildings, to require the construction of fire escapes and exits in buildings; to grant franchises, easements and rights of way; to control city parks and playgrounds; to regulate streets, avenues, alleys and obstructions thereof; to condemn property for streets, sidewalks, and public places; to control and supervise the streets, sidewalks and public places, to open, close and widen and change streets; to prescribe the procedure for the payment of the cost of the street construction, maintenance and repairs; to provide for the issuance of negotiable certificates; to provide that the Mayor and Council shall have full power and authority to enact ordinances necessary for the drainage and proper maintenance and care of the streets, sidewalks and other public places; to provide that the Mayor and Council shall have the power and authority to require any railroad company to maintain and repair railroad rights of way; to provide for the establishment, maintenance, repair and extension of water, sewage, electrical and natural gas systems; to provide for the issuance of bonds for debts and public improvements; to authorize the Mayor and Council to levy and collect an ad valorem tax for general city purposes, bond purposes; to provide for the returns of property for taxation; to provide for the content, procedure and issuance of executions for any and all taxes or licenses; to provide the procedure for contesting the assessment of property for taxes; to provide that the Mayor and Council shall have the right and authority to tax, license, regulate and control businesses, occupations, trades, callings and other pursuits; to provide for the registration and special tax on trades, businesses, vocations, professions, calling and other pursuits; to provide for the licensing and regulation of dealers in and the handlers of food and food products; to provide for the licensing and regulating

Page 4017

and control of signs and billboards; to authorize the Mayor and Council to borrow money; to provide for a City depository; to authorize the Mayor and Council to regulate the selling, weighing and measuring of all articles and commodities sold by weight and measure; to provide that the Mayor and Council shall have the authority to regulate traffic, trains, vehicles for hire, plumbers and plumbing work; electricians and electrical work, and building contractors, the sale and storage of explosives, combustibles and the sale and discharge of fireworks, cemeteries, animals and fowls; to provide for the taxation and registration of dogs; to provide for the operation of a municipal pound; to provide that the Mayor and Council shall have the authority to prohibit cruelty to animals; handling of drugs, loitering and loafing; to provide that the Mayor and Council shall have the authority to restrain and punish vagrants, beggars, prostitutes; to prohibit and punish keepers and inmates of bawdy assignation and disorderly houses; to prohibit amusements, noises and other activities interfering with the peace and quiet of inhabitants; to prohibit gambling and the authority to provide for working of convicts and the custody of prisoners; to provide for the establishment and operation of hospitals and institutions; to authorize the Mayor and Council to participate in emergency plans with disaster stricken cities; to provide for the establishment and maintenance of a book of ordinances of the City of Rossville; to provide for a presiding officer; to provide for a time and place of sessions; to provide for the jurisdiction and powers of the Recorders Court and Presiding officer thereof; to provide for bonds; to provide for the forfeiture of bonds; to provide for appeals; to provide for the establishment of the Office of City Recorder; to provide for his qualifications, oath of office, term of office, compensation and duties; to provide for penalties and procedures on arrest; to provide for the registration of voters; to provide for the qualifications of voters; to provide the procedures for registration; to provide for elections; to provide for the division of the City into Wards; to provide for the election of councilmen by wards; to provide for the election of the Mayor and Councilmen,

Page 4018

Tax Assessor, and City Recorder by the voters of the entire city; to provide for the qualifications of candidates for Mayor and Councilmen, Tax Assessor, and City Recorder; to provide for the time of election; to provide for the methods of election; to provide for the recall of elective officers; to provide for recall; to provide for the submission of ordinances and resolutions enacted by the Mayor and Council to the people for repeal; to provide for the procedure for submitting ordinances and resolutions to the people for repeal; to provide for the succession to rights, privileges, remedies, debts and liabilities of said City; to provide for the preservation of ordinances and resolutions; to provide for the preservation of existing officers, salaries, fees, licenses and special taxes; to provide for severability; to provide for submitting this Act to the Voters of the City for approval or disapproval; to provide for the time of holding the referendum; to repeal specific laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Article I. General Provisions Sections 1-1 through 1- 8 Article II. Mayor and Council Sections 2-1 through 2-25 Article III. City Officers Employees Sections 3-1 through 3-19 Article IV. Annexation of Territory Sections 4-1 through 4-12 Article V. Powers of City Sections 5-1 through 5-71 Article VI. Book of Ordinances Sections 6-1 through 6- 9 Article VII. Recorders Court Sections 7-1 through 7-25 Article VIII. Penalties and procedures on Arrest Sections 8-1 through 8-12 Article IX. Registration of Voters Sections 9-1 through 9-21 Article X. Elections Sections 10-1 through 10-24 Article XI. Recall of Elective Officers Sections 11-1 through 11-16 Article XII. Initiative and Referendum Sections 12-1 through 12-14 Article XIII. Directory and Transitory Provisions Sections 13-1 through 13- 8 Article XIV. Referendum of voters of city to approve or disapprove this Act Article XV. Repealing Provisions Sections 15-1 through 13- 8

Page 4019

ARTICLE I. GENERAL PROVISIONS Section 1-1. Incorporation: Name: Style and Designation. The City of Rossville, in Walker County, heretofore made a body politic and corporate by Acts of the General Assembly of said state under the name of Mayor and Council of the City of Rossville, shall continue a body politic and corporate, known by the corporate name of the City of Rossville, hereinafter also referred to as the city. Section 1-2. City's Powers as body politic and corporate. As a body politic and corporate, the city shall have power to govern itself and its inhabitants by such ordinances, resolutions, rules, regulations and by-laws for municipal purposes as may be adopted and promulgated under the terms and provisions of this charter, not in conflict with the Constitution or laws of this state or of the United States, with power in and by its corporate name to sue and be sued, plead and be impleaded in all courts, have and use a corporate seal, buy, hold, exchange, sell and convey property, make all necessary and lawful contracts, transact all of its business, and

Page 4020

do all other things necessary to promote the municipal corporate purposes of said city. Said corporation, through its mayor and councilmen, shall have all of the powers and privileges incident to municipal corporations under the laws of the state, and all other powers necessary and proper to make, regulate, maintain and preserve a proper and legal government for said city. Section 1-3. Corporate limits designated. The corporate limits of the City of Rossville, shall be as follows: beginning at a point on the Tennessee-Georgia State Line, where same is intersected by the east line of South Crest Road in Original Land Lot No. 11, in the 9th District, 4th Section of Walker County, Georgia; thence along the east line of South Crest Road in a southerly direction to its intersection with the northeast line of Chickamauga Avenue; thence crossing Chickamauga Avenue, in a southerly direction to the southeast intersection of Chickamauga Avenue and Terrace Street; thence along Terrace Street in a southerly direction, to where the east line of Terrace Street would be intersected by the south line of Crown Street if same were extended eastwardly; thence along the south line of Crown Street in a northwesterly direction, to where said south line strikes the south line of Original Land Lot No. 10, in the 9th District, 4th Section of Walker County, Georgia; thence along said south line in a westerly direction to where said south line strikes the west line of Hogan Road; thence along the west line of Hogan Road to its intersection with Park City Road; thence along Park City Road to its intersection with Hogan Road; thence along Hogan Road to the south line of Land Lot No. 45; thence along the south line of said Land Lot No. 45 in a westerly direction, to the west line of South Mission Ridge Realty Company Subdivision; thence along the west line of said South Mission Ridge Subdivision in a northerly direction, to where same strikes the west line of Leinbach Road; thence running west, through LeBron Heights Subdivision No. 5 to the center line of Bronson Street; thence along the center line of Bronson Street in a southerly direction to the south line of LeBron Heights Subdivision No. 1; thence along the south line of LeBron Heights Subdivision No. 1; and along the south line of Oak Street to where the south line of Oak Street intersects

Page 4021

the east line of the right of way of the Central of Georgia Railroad thence along said right of way in a southerly direction to a point on said right of way opposite the south line of Stegal Street; thence in a westerly direction, crossing said right of way, and along the south line of Stegall Street to where said south line intersects the west line of McFarland Avenue; thence along the west line of McFarland Avenue in a northerly direction to where said west line intersects the south line of Ellis Road; thence along Ellis Road in a westerly direction, to the west line of Land Lot No. 44; thence along said west line in a northerly direction, and along the west line of Land Lot No. 29, in a northerly direction to a point on the north line of Maple Street; thence along the north line of Maple Street in an easterly direction to the west line of the Borg Company property; thence along said west line in a northerly direction to the south line of Campbell Street, if same were extended westwardly; thence along the south line of Campbell Street to the southwest corner of the Rossville High School property; thence along the west line of said School property to the south line of the property owned by the City of Rossville, where the City Dump was formerly located; thence along said City property in a westerly direction to the southwest corner thereof; thence along the west line of said City property and along an extension northwardly thereof, in a northerly direction to the Tennessee-Georgia State Line; thence along the Tennessee-Georgia State Line, in an easterly direction, to the point of beginning, being the same corporate limits as of the adoption of this act. Section 1-4. SameAuthority, Jurisdiction over annexed territory. The power, authority and jurisdiction of the City of Rossville are hereby extended over and made effective in every part of annexed territory; the power and authority of the officers of said city and the recorders court thereof are likewise extended over such territory in as full manner as over the present limits of said city; the power of taxation, of making local assessments, fixing licenses for regulating business, the power to assess, issue execution and in case of default to sell property assessed for taxes or assessments in the same manner as authorized by the charter of said city; the power and authority of the mayor and council

Page 4022

and all boards of said city are likewise extended over said annexed territory. The property, real and personal, now or hereafter located in said added territory, is hereby made subject to all outstanding and future bonds issued by said city and shall be bound for the payment thereof equally with the other portions of said city. Section 1-5. Conveyance of property sold under process of city. Whenever any real property is sold under any process of the city the officer making the sale shall have the power and authority to convey the same by proper conveyance to the purchaser, but all such property that may be sold under execution for city taxes shall be subject to redemption within the period allowed by law or property sold under execution for state and county taxes. Section 1-6. Interest in contracts, purchases, sale prohibited. Neither the mayor, nor any member of the council, nor any city officer, shall be interested directly or indirectly, in any contract made with the city, or receive any profit or emolument for any purchase or sale of material or other articles paid out of the public revenue, or for which the city becomes responsible. ARTICLE II. MAYOR AND COUNCIL AND TAX ASSESSOR Section 2-1. Mayor, four councilmen elective officers of city. The elective officers of the city shall consists of a mayor and four councilmen, a tax assessor, and a city recorder who at the time of their election must be qualified and registered voters of said city. The mayor and councilmen and tax assessor now in office shall serve for the terms for which they were elected and until their successors are elected and qualified. Section 2-2. Terms of councilmen. All councilmen shall be elected for terms of four (4) years, shall take office on the first day of January immediately succeeding their election. Councilmen shall serve until their successors are elected and qualified.

Page 4023

Section 2-3. Term of Mayor. The mayor shall take office on the first day in January immediately succeeding his election and shall serve for a term of four (4) years and until his successor is elected and qualified. Section 2-4. Term of tax assessor. The tax assessor shall take office on the first day in January immediately succeeding his election and shall serve for a term of four (4) years and until his successor is elected and qualified. Section 2-5. Residence requirements; effect of change of residence. Should a councilman remove his residence from the ward from which he was elected, such removal shall effect an automatic vacancy in the office held by the person so moving. Section 2-6. Vacancy in office of mayor. In the event the office of the mayor shall become vacant by death, resignation, removal or otherwise, the mayor pro tem shall act as mayor until such time as an election can be called, and exercise all the rights and powers of the mayor during said time; the council shall, within fifteen (15) days after such vacancy occurs, order a new election, which shall be held and managed in the same manner as hereinafter provided for city elections, and at which special election a successor for the unexpired term caused by said vacancy shall be elected. Section 2-7. Vacancy in council. A vacancy occurring among the members of council shall be filled for the unexpired term at an election by the mayor and remaining members of council; provided, at the time of such vacancy there shall be not more than (6) months before the expiration of said councilman's term of office. If said unexpired term is longer than six (6) months from the date of such vacancy, the council shall, within fifteen (15) days after such vacancy occurs, order a new election, which shall be held and managed in the same manner as hereinafter provided for city elections, and at which special election a successor for the unexpired term caused by said vacancy shall be elected. Section 2-8. Vacancy of tax assessor. A vacancy occurring of tax assessor shall be filled for the unexpired term at

Page 4024

an election by the mayor and members of council; provided, at the time of such vacancy there shall be not more than (6) months before the expiration of said tax assessor's term of office. If said unexpired term is longer than six (6) months from the date of such vacancy, the council shall, within fifteen (15) days after such vacancy occurs, order a new election, which shall be held and managed in the same manner as hereinafter provided for city elections, and at which special election a successor for the unexpired term caused by such vacancy shall be elected. Section 2-9. Oath of office. The mayor and council shall, before entering upon the discharge of their duties, each take and subscribe before some officer authorized by law to administer same, the following oath: I do solemnly swear that I will faithfully and uprightly demean myself as mayor (or member of council or tax assessor) of the City of Rossville during my continuance in office; that I will to the utmost of my skill and ability promote the interest and prosperity of said city; that I will not willfully and knowingly use or be the cause of using tyrannical means towards any citizen or portions of the citizens thereof; and further swear I will uphold and defend the constitution of the United States and of the State of Georgia and do further swear that I am not now, nor have I ever been a member of the Communist party, so help me God. Section 2-10. Salary of Mayor. The mayor shall receive a salary of not less than $7,800.00, nor more than $10,000.00, to be fixed by the council. Section 2-11. Salaries of councilmen. Each councilman shall receive a salary of six hundred dollars ($600.00) per year, to be paid quarterly. Section 2-12. Salary of tax assessor. The tax assessor shall receive a salary of not less than $1,500.00, nor more than $2,500.00 per year, as the council may fix. Section 2-13. Mayor and council constituted governing body of city. The mayor and council shall constitute the

Page 4025

legislative and governing body of the city, and shall enact all ordinances and resolutions, and adopt all regulations with all the power and authority granted by this chapter. Section 2-14. Appointment, authority of mayor pro tem. The council shall appoint a mayor pro tem from the members of the council, who shall in the absence of the mayor have all the power vested in the mayor by this charter. Section 2-15. Meetings; Quorum fixed. The mayor and council shall meet once each month at such time and place as it is fixed by them by resolution or ordinance. The mayor may call special meetings of the council at any time deemed advisable by him. Three (3) members shall constitute a quorum. Section 2-16. Duty, authority of mayor to convene council. The mayor shall convene the council when so requested, in writing, by a majority of the members thereof, or when it seems to him to be important to the welfare of the city; provided however, that in the event the mayor refuses to convene the council when requested to do so as provided above, the council shall have the power and authority to call itself into session. Section 2-17. Mayor as presiding officer of council. The mayor of the city shall devote all of his working time and attention to the affairs of the city, and he shall be the presiding officer of the council, and shall vote on all matters coming before the council. Section 2-18. Meetings to be public; exception. All meetings of the mayor and council shall be in public, except such executive sessions as may be provided for by ordinance. Section 2-19. Rules and order of business. The mayor and council shall have the power to establish its own parliamentary rules and order of business. Section 2-20. Minutes of proceedings to be kept. The mayor and council shall keep minutes of its proceedings in a special minute book kept for that purpose.

Page 4026

Section 2-21. Access to minutes, records of meetings. Any citizen shall have access to the minutes and records of meetings of the mayor and council at all reasonable times, at the office of the city clerk. Section 2-22. Mayor as presiding officer of recorder's court. The mayor shall have authority to preside over the police or recorder's court in the absence of the recorder for the trial of offenders against the ordinances of the city, and shall have power to impose such fines as are provided for in this charter. Section 2-23. Mayor to sign deeds and contracts. The mayor shall sign all deeds and contracts made for or by the city which shall have been ordered or approved by the mayor and council duly assembled in their corporate capacity. Section 2-24. Mayor as justice of the peace. The mayor shall have all the powers of a justice of the peace to issue warrants, try and commit to the superior court of Walker County and to the City Court of Walker County for trial all violators of the laws of this state for offenses committed within the corporate limits of the city. Section 2-25. Duties of tax assessor. (a) Assessment of property. It shall be the duty of the Tax Assessor to assess the value of real estate in said City at 100% of true market value for the purpose of taxation by said City, and it shall be his duty to examine the tax returns placed before him by the officers receiving the same, and increase the valuation of personal property thereof when in his judgment the value thereof is too small. Said assessor shall make returns of the assessments made by him of both real property and personal property to the Mayor and Council each year at such time as the Mayor and Council may by ordinance direct, and it shall be the duty of the Mayor and Council to review the digest and to either raise or lower the assessments to reflect 100% of true market value. (b) Authority to require information. He shall have the power to require any taxpayer to furnish him a list of all

Page 4027

notes, accounts, mortgages, stocks, bonds and other securities and investments wherever in his opinion the same is necessary for a correct assessment and to punish for contempt as may be prescribed by ordinance for failure or refusal to do so. (c) Ordinances to implement section. The Mayor and Council shall have the power and authority to pass such ordinances as are required to effectuate this section. ARTICLE III. CITY OFFICERS AND EMPLOYEES Section 3-1. Designation, term generally. At the first regular meeting of the Mayor and Council after its qualification, or as soon thereafter as practicable, the following municipal officers of the City shall be elected by the Mayor and Council and shall hold their office at the pleasure of the Council and until their successors are elected and qualified, to wit: An attorney, an auditor, City Clerk, department heads and all other employees as hereinafter prescribed. Section 3-2. Selection of officers, prescribing duties, fixing compensation. The office of City Clerk is hereby created. The Mayor and Council shall appoint a City Clerk who shall be the chief financial officer and the head of the administration branch of the city government. The City Clerk shall be chosen by majority action of the Mayor and Council solely on the basis of his executive and administrative capabilities and qualifications, with special reference to his actual experience in, or his knowledge of, accepted practices in the field of municipal management and finance. No member of the Council shall be appointed City Clerk during the term for which he shall have been elected. The City Clerk shall be appointed for an indefinite term. Upon vacancy in the office of City Clerk for any cause, the Council shall proceed to locate a qualified replacement as soon as practicable. The City Clerk, during his term of office, may be removed by a majority vote of the Mayor and Council. At least thirty (30) days before such removal may become effective, the

Page 4028

City Clerk shall be furnished with a formal statement from the Council stating their intentions to remove him and the reasons therefor, with reasonable particularity. The City Clerk may reply in writing to such notice if he so desires. The Mayor and Council may fix a time for a public hearing upon the question of his removal if they so desire; and if, within five (5) days after his receipt of notice from the Mayor and Council of their intention to remove him, the City Clerk shall request a public hearing, then the Mayor and Council shall fix a time for a public hearing upon the question of his removal; and if, in either event, a time for a public hearing upon the question of his removal is fixed by the Mayor and Council, the final resolution removing the City Clerk shall not be adopted until such public hearing has been held. Upon notifying the City Clerk of their intention to remove him, the Mayor and Council may suspend him from duty but his pay shall continue until his removal shall become effective as herein prescribed. The action of the Mayor and Council in removing the City Clerk shall be final and conclusive and not subject to review. In case of the absence, disability or suspension of the City Clerk, or in case of a vacancy in the office of City Clerk, the Mayor and Council may designate a qualified person to temporarily perform the duties of the City Clerk during such absence, disability, suspension or vacancy, or the Mayor and Council shall have the power and authority to perform all of the functions of the City Clerk. The City Clerk shall receive such compensation as may be prescribed by the Mayor and Council; in the event, Ronald E. Shoemake should be elected by the Mayor and Council to fill the office of City Clerk his salary shall not be less than his total salary, including fees and commissions during the year immediately preceding his appointment. The City Clerk shall devote all of his working time and attention to the affairs of the City and shall be responsible to the Mayor and Council for the efficient administration of all of the affairs of the City over which he has jurisdiction. The City Clerk shall have the following powers and duties:

Page 4029

(a) To see that all laws and ordinances of the City are enforced. (b) To recommend to the Mayor and Council, the heads of such departments as the Mayor and Council shall from time to time establish. (c) The City Clerk shall be the City Treasurer. (d) To recommend salaries and compensation of the department heads of various city departments within the minimum and maximum limits prescribed by Council, and to fix all salaries and compensation of all other city employees lawfully employed by him. (e) To exercise supervision and control of the financial and administration department of the City, except as otherwise provided for in this Act. (f) To attend all meetings of the Mayor and Council, with a right to take part in the discussion but having no vote. The City Clerk shall be entitled to notice of all special meetings of the Mayor and Council. (g) To recommend to the Mayor and Council the adoption of such measures, ordinances and resolutions as he may deem necessary or expedient. (h) The City Clerk shall 90 days prior to the first regular meeting in each fiscal year, submit to the Mayor and Council for their consideration a budget of the proposed expenditures of the City for the ensuing year, the probable revenue for that year and from what sources it is expected. Said annual budget shall be divided by calendar months and shall show in as much detail as practicable the amount allotted to each department of the city government. Said budget, as submitted by the City Clerk, shall be subject to the approval of the Mayor and Council who may make such changes therein as they deem advisable. Upon the approval of said annual budget by said Mayor and Council, thereafter, no part of any amount allotted to any department shall be expended by the City Clerk on account of any other department

Page 4030

except with the prior consent of the Mayor and Council, and the City Clerk shall not expend for any department during any calendar quarter of said year any amount that exceeds one-fourth ([UNK]) of the amount budgeted for said department in said annual budget, except with the previous consent of the Mayor and Council. Said budget, when submitted by the City Clerk to the Mayor and Council for its consideration, shall reserve not less than five per cent (5%) of the probable revenue anticipated for said year as a deficiency appropriation reserve, which reserve shall be allocated and expended only with the approval of the Mayor and Council. (i) To keep the Mayor and Council at all times fully advised as to the financial condition and needs of the City. (j) To make a full report to the Mayor and Council each month, showing the operations and expenditures of each department of the City government for the preceding month. (k) To perform such other duties as may be required by ordinance or resolution of the Mayor and Council. (l) The City Clerk shall be the purchasing agent for the City and shall make all purchases for the various departments of the City and shall approve all vouchers for the same; provided, however, that the Mayor and Council, at their first meeting after the approval of this Act and at their first meeting of each calendar year thereafter, shall fix a maximum monetary limit which the City Clerk, as such purchasing agent for the City, shall not exceed in any single purchase without the prior approval of the Mayor and Council. During said calendar year for which such annual monetary limit is adopted, the Mayor and Council may from time to time amend this maximum monetary limit either upwards or downwards. Further, the Mayor and Council may, by resolution, require competitive bids on purchases under such rules and regulations as the Mayor and Council may from time to time prescribe. (m) The City Clerk, before entering upon the discharge of his duties, shall give such bond, conditioned in such manner,

Page 4031

as the Mayor and Council shall require and the City Clerk shall have authority to require of any employee under his jurisdiction such bond, under such conditions, as he shall require, and all of such bonds shall be payable to the City of Rossville, and its successors, for the benefit of the City and all premiums on all such bonds shall be paid by the City. (n) Within ninety (90) days after the end of each fiscal year, the City Clerk shall submit a detailed financial report of the affairs of the City, which report shall be audited by the City Auditor. (o) To request, at the expense of the City, when needed by him, the services and advice of the City Attorney; provided the expense of the same shall be in addition to the retainer of such City Attorney, with the approval of the Mayor and Council. (p) To request, that at the expense of the City, when needed by him, the services and advice of the City Auditor; provided the expense of same shall not exceed two hundred dollars ($200.00) in any one month, in addition to the prescribed fees of such City Auditor, without the approval of the Mayor and Council. Section 3-3. Duties. In addition to the duties herein prescribed, each of the officers of the City shall perform such other duties as may be provided by the Mayor and Council by ordinance. Section 3-4. Suspension, fine, removal from office; authority of mayor and council. All officers elected by the Mayor and Council shall at all times be subject to the jurisdiction of the Council and amenable to its discipline, and said Mayor and Council shall have the power to suspend, fine or remove any of said officers by a majority vote of the whole body, the Mayor voting, for any cause that may seem just and proper, after a fair notice and opportunity to be heard. Section 3-5. Additional duties of city clerk. (a) Designation as clerk of council, ex-officio clerk. The City Clerk

Page 4032

shall be the clerical officer of the Council and shall be the keeper of the seal of the City; he shall also be ex-officio clerk of the Police Court of the City; and attend its sessions; he shall be ex-officio tax collector of said City; and the Board of Health of the City; and he shall be ex-officio Clerk or Secretary of any other board of said City, created under the provisions of this charter or that may be created and established under the laws and ordinances of the City. (b) Duties as Clerk, ex-officio clerk. The duties of the City Clerk as Clerk of the Council and as ex-officio Clerk of the recorders Court, as ex-officio Tax Collector, and ex-officio Clerk or Secretary of any board or commission of the City, shall be such as are prescribed in this charter and as shall be prescribed under and by the laws and ordinances of the City and by the Mayor and Council. In addition, the Mayor and Council may provide by ordinance that the City Clerk perform the duties of the City Treasurer. Section 3-6. Duties of city treasurer. The Mayor and Council shall provide for and appoint a City Treasurer and it shall be the duty of the City Treasurer to receive and safely keep all monies and funds of the City that may come into his hands from every source; to keep separate accounts of same as may be provided or required under and by the laws and ordinances of the City; and he shall only pay out said funds in the way and manner as may be prescribed and provided for by and under the laws and ordinances of the City; And, he shall perform any and all further duties as City Treasurer as the Mayor and Council shall by ordinance prescribe. Section 3-7. Authority, duties of city attorney. (a) Authority. The City Attorney, shall be the legal representative of the City and the legal advisor thereof, and shall represent the City in all matters in which the City is interested or involved. (b) Duties. The duties of the City Attorney shall be such as are required by the ordinances and laws of the City and by the direction of the mayor and council.

Page 4033

(c) Additional counsel . Whenever in the judgment of the Mayor and Council, it shall be advisable to employ additional counsel to assist the City Attorney, authority to do so is hereby conferred upon the Mayor and Council. Section 3-8 . The Mayor and Council shall have the authority, by ordinance, to create and establish a police department in said City; to provide for the payment and equipment thereof, and to make any needful rules for its proper maintenance. They shall be authorized to employ such police officers as they may see fit for the proper police protection of said City, one of which officers shall be designated as Chief of Police, with the consent of the Mayor and Council, and such officers shall be employed for such term as the Council may see fit and shall receive such compensation as may be fixed by the Mayor and Council. The Chief of Police and members of the police force shall be clothed with such authority as may be conferred upon them by the provisions of this charter. The Chief of Police and all members of the police force shall be directly responsible to the Mayor and Council of the City and subject to their orders. No costs or fees shall be paid any member of the police force with any arrest or case made within the City of Rossville. Said officers shall perform such duties as required and provided for in this Act, and as may be prescribed and required of them by the laws and ordinances of the City. In addition, said officers by virtue of their office shall be and are hereby constituted ex-officio firemen. Section 3-9. Fire Department; establishment, maintenance . The Mayor and Council shall have the power and authority, by ordinance, to create and establish a fire department in said city; to provide for the payments and equipment thereof; to purchase any necessary apparatus; and make any needful rules and regulations for its proper maintenance. They shall be authorized to employ such firemen as they may see fit for the proper fire protection of said City, one

Page 4034

of which firemen shall be designated as Fire Chief, with the consent of the Mayor and Council, and such firemen shall be employed for such term as the Council may see fit and shall receive such compensation as may be fixed by the Mayor and Council. The Fire Chief and members of the fire department shall be clothed with such authority as may be conferred upon them by the provisions of this charter. The Fire Chief and all members of the fire department shall be directly responsible to the Mayor and Council of the City and subject to their orders. Section 3-10. Restriction upon contracts for personal services. No contract shall be made which binds the City to pay for personal services to be rendered for any stated period of time, but all appointive officers and employees shall be subject to peremptory discharge as herein provided. ARTICLE IV. ANNEXATION OF TERRITORY Section 4-1. Referendums to annex territory; effective date of annexation. The inclusion within the corporate limits of said town of annexed territory shall not become effective until two referendum elections, one held in said town and one in said territory, in accordance with the provisions hereinafter set forth, having resulted in a vote by both the town and the territory proposed to be annexed favoring such annexation, and upon such favorable vote, the inclusion of said territory within the corporate limits of the City of Rossville shall be effective at 12:01 a.m., December 31, of the year of such election. Section 4-2. Conduct of referendum election in territory proposed to be annexed. The ordinary of Walker County shall submit to the qualified voters residing within territory proposed to be annexed, by giving the notice provided for in Section 4-7 hereof, the question of the inclusion of said territory within the corporate limits of said town by calling a referendum election. The ordinary shall provide such polling places for voters in said territory as the ordinary may deem necessary and convenient for the voters herein. He shall appoint such managers for such ballot boxes at such polling places as he deems necessary for the conduct of such referendum

Page 4035

election. Such managers shall be sworn by the ordinary or a notary public to manage said election. The laws and regulations applicable to general county elections, and which are not in conflict with specific provisions of this Act, shall apply to said election. Section 4-3. Qualifications of territorial voters . At a referendum election in territory proposed to be annexed, only qualified voters of said county who have continuously resided in said territory proposed to be annexed for at least six months next preceding the day of said election for members of the General Assembly, shall be eligible to vote. Section 4-4. Lists of voters in territory proposed to be annexed; oaths . The ordinary shall use those lists of qualified voters in territory proposed to be annexed which are prepared, purged and supplemented in accordance with the provisions relating to general and special elections as contained in Code of Georgia Annotated, and other applicable statutes of the State of Georgia. The ordinary may require that the managers of such ballot boxes and polling places require each prospective voter to swear that he has resided within the territory where he offers to vote continuously for six months next preceding the date of said election, and for this purpose said managers are hereby empowered to administer oaths. The ordinary may determine the qualifications for such voters in the territory to be annexed, either through the use of voters' lists prepared as provided herein or through the administering of the oaths as to residence within such territory or a combination of both procedures for determining such qualifications. Section 4-5. Ballots in territory proposed to be annexed; certification of election results . The managers of a referendum election in territory proposed to be annexed shall, immediately upon the closing of the polls, count the ballots cast at the election and shall deliver to the ordinary the sealed ballot boxes, the sealed ballots, tally sheets, and list of voters, if any or all of such used. At or before noon of the following said election, or as soon thereafter as practicable, the managers shall certify to the ordinary the result of the election.

Page 4036

The ballot shall show the purpose of the elections by general reference to the annexation Act, and shall have plainly printed thereon the words For annexation and Against Annexation. Section 4-8. Certification of annexation referendums; consideration of balloting; proclamation of results. The managers of the annexation election held in the City of Rossville shall at noon of the day following said election or as soon thereafter as practicable, certify to the mayor and aldermen of the City of Rossville at a regular or special meeting, the result of said election inside the town. The ordinary of Walker County shall at the same meeting certify the result of the said election in the territory proposed to be annexed. Each election shall be considered separately and if it shall appear that a majority of the votes cast in each election favor the annexation, then the ordinary and the mayor shall make a joint proclamation of such results, and thereupon the corporate limits of the City of Rossville shall be extended on December 31, of the year of such annexation referendums in order to include the territory annexed, and said territory shall, on December 31, of such year, become a part of the said City of Rossville and subject to all the laws and ordinances governing the same. The result of the elections and the proclamation shall be entered on the minutes of the mayor and council and on the minutes of the Court of Ordinary of Walker County. Section 4-9. Voters in annexed territory qualified for town elections after approval of annexation. If the vote of the two elections provided for hereinafter is in favor of annexation, then at the primary election and at the general election to be held in said town, for the nomination and election of members of the board of mayor and councilmen of the City of Rossville, as well as any special election, held thereafter those residents of said territory proposed to be annexed shall be qualified voters in said primary, in said general and special elections, upon the same terms and conditions, as to residence, registration, and otherwise, as if said territory were on the days of said primary, general, and special elections actually a part of said town. The town

Page 4037

registrars in making up the list of qualified voters in said elections shall include the residents of said territory so qualified to vote as above set forth. The residents of said annexed territory who are so qualified to vote shall be eligible for nomination and election to any elective office of the City of Rossville for any term beginning after annexation, length of residence and qualifications as a voter in said annexed territory immediately preceding the effective date of annexation to be counted, for said purposes, as equivalent to residence and voting qualifications within the corporate limits of said city. Section 4-10. Expenses of annexation referendums. The entire expense of the elections provided for, to be held within the city and in the territory proposed to be annexed, shall be paid by the City of Rossville. The ordinary shall certify to the clerk of the city the cost of holding the election in the territory proposed to be annexed, including reasonable compensation to the managers of said election, together with other reasonable expenses usually incident to elections. Section 4-11. Illegal voting in annexation referendum. Should any person vote in elections provided for in Sections 4-2 and 4-6 above, who is not registered and qualified to vote, or shall vote at more than one polling place, or (in case of those voting in the proposed extension) who has not continuously resided in the territory proposed to be annexed for at least six months next preceding the day of the election, he shall be deemed guilty of illegal voting, and upon conviction thereof, shall be punished as prescribed for violation of this charter. Section 4-12. Tax assessments in annexed territory. Upon the annexation of territory into the town, the governing authority of the City of Rossville shall make assessments of property located in said territory for the purpose of taxation so that taxation may become effective upon said property actually becoming a part of said town; said governing authority shall also enact such tax ordinance and other ordinances, make such appropriations, and perform such other functions regarding said territory, and its inhabitants as are necessary or expedient to govern properly said territory

Page 4038

immediately upon its actual inclusion within the corporate limits of said town. Section 4-13. These powers shall be in addition to those heretofore granted by the General Assembly to municipalities, and the Mayor and Council shall have the authority to decide under which provisions they choose to annex territory to the City. Intent. ARTICLE V. POWERS OF CITY Section 5-1. Adoption of ordinances, resolutions, generally. (a) Reading required. All ordinances and resolutions, before they shall pass, shall be read three times at regular meetings of the mayor and council. (b) Signature, countersignature required. All ordinances and resolutions shall be signed by the mayor or the officer presiding at the time of their passage and countersigned by the clerk of council. (c) Content, record of ordinances; existing ordinances preserved. All ordinances and resolutions shall be in writing and have endorsed thereon the name of the councilman introducing same and the date of its readings. Such ordinances or resolutions shall be numbered and filed and properly preserved. There shall be kept by the clerk of council a regular ordinance and resolution book, in which all ordinances and resolutions, after their passage and adoption, shall be fairly and accurately printed or engrossed, the record of which shall be signed by the mayor, acting mayor, or the officer presiding at the time of the passage of the same, and countersigned by the clerk of council under the seal of the city; provided however, that nothing herein contained shall operate to prevent said mayor and council from adopting such rules and regulations governing the passage and adoption of ordinances and resolutions which do not conflict herewith; provided further, that nothing contained in this and the previous paragraphs hereof shall affect in any manner any existing valid ordinances of said city, not in conflict herewith.

Page 4039

Section 5-2. Scope of police, legislative power of city. The mayor and council shall have the power to enact and enforce all ordinances necessary to protect health, life and property and to prevent and summarily abate and remove all nuisances and to preserve and enforce the good government, order, security and dignity of the city and its inhabitants; and to enact and enforce ordinances on any and all subjects, provided that no ordinance shall be enacted inconsistent with the provisions of this charter or the general laws or Constitution of the State of Georgia. Section 5-3. Scope of ordinances, rules, by-laws. Authority to carry out and effectuate by ordinance each and every power granted to the city in this Act is hereby expressly conferred on the mayor and council of the city. Section 5-4. Enumeration of Powers not exclusive. The enumeration of powers in this charter shall not be held or deemed to be exclusive, but in addition to the powers enumerated herein, implied hereby, or appropriate to the exercise thereof, the city shall have and may exercise all other powers which under the Constitution and laws of the State of Georgia, it would be competent for this charter specifically to enumerate, it being the intention hereof that the powers of the city shall extend to all matters of local and municipal government. Section 5-5. Code of ordinances, resolutions, rules; adoption, modification, repeal. The mayor and council shall have the power and authority to adopt, maintain and declare of force a code of the ordinances, resolutions and rules of said city, which code may consist of and contain such ordinances, resolutions and rules now of force and effect as the council may deem proper to include therein, or a revision thereof, or of entirely new ordinances, resolutions and rules and may contain such of either as said mayor and council see fit to include therein, or a revision thereof, or of entirely new ordinances, resolutions and rules and may contain such of either as said mayor and council see fit to include therein. Said code shall be subject to amendment or repeal, in whole or in part, at any time; provided however, that the ordinance

Page 4040

adopting a code shall be passed in accordance with section 5-1. Section 5-6. Corporate powers enumerated. The mayor and council shall have the following powers: (a) Acquisition, disposal of property. To acquire property, within or without the city, in fee simple or lesser interest or estate, by purchase, gift, devise, appropriation, lease or leases with privilege to purchase for any municipal purpose, and may sell, lease, hold, manage and control such property as specified and provided for; (b) Furnishing public services. To furnish all local public services, as herein specified and provided for; (c) Public utility franchises. To grant local public utility franchises and regulate the exercise thereof; (d) Taxation. To assess, levy and collect taxes for general and special purposes on all subjects or objects which the city may lawfully tax; (e) Bonds, notes. To borrow money on the faith and credit of the city by the issue and sale of bonds or notes of the city; (f) Appropriations. To appropriate the money of the city for all lawful purposes; (g) Public works and improvements. To create, provide for, construct, regulate and maintain all things in the nature of public works and improvements; (h) Assessments for local improvements. To levy and collect assessments for local improvements on property, benefited thereby; (i) Licensing, regulating businesses, trades, etc. To license and regulate persons, corporations and associations engaged in any business, occupation, profession or trade;

Page 4041

(j) Abatement of nuisances, detrimental conditions. To define, prohibit, abate, suppress and prevent within the city, and for a distance of five thousand (5,000) feet outside its limits, all nuisances and causes thereof and all things detrimental to the health, morals, safety, convenience and welfare of its inhabitants; (k) Purity of water supply. To make all needful regulations applicable within and without the city, for securing and preserving the purity of its water supply; (l) Preservation of public health. To do all things necessary or desirable to secure and promote the public health; (m) Food inspection. To provide for such inspection service within and without the city as may be necessary to insure the purity and wholesomeness of food products sold within the city; (n) Construction, size, use of buildings. To regulate the construction, reconstructions, material, location, height, maintenance and occupancy of buildings; (o) Use of streets, public places. To regulate and control the use, for whatever purpose, of the streets and other public places of the city; (p) Offices, departments, personnel. To create, establish, organize and abolish departments and offices, and fix the salaries and compensation of all officers and employees; (q) Police, sanitary, similar regulations. To make and enforce local police, sanitary and other similar regulations; (r) Ordinances for benefit of city. To pass such ordinances as may be expedient for maintaining and promoting the peace, safety, good government and welfare of the city and for the performance of the functions thereof; (s) Additional powers. To exercise, in addition to the powers enumerated in this section, all powers that now are, or hereafter may be, granted to municipalities by the Constitution

Page 4042

or laws of the State of Georgia; and all the powers of the city, whether expressed or implied, shall be exercised and enforced in the manner prescribed in this charter, or when not so prescribed, then in such manner as may be provided by ordinance or resolution of the council. Section 5-7. Ordinances to prevent spread of disease. (a) Enactment, scope. The mayor and council of the city shall have the power and authority to enact and enforce ordinances to prevent the spread of any infectious or contagious diseases; to compel the vaccination of all persons within the limits of said city, whether residents or sojourners; to isolate any person in said city afflicted with any contagious or infectious disease by confining such person within the limits of the premises prescribed therefor by the mayor and council, either within or without the corporate limits of the city for the purpose; to isolate any person who has been exposed to any infectious or contagious disease, during the usual period of incubation of such diseases, by confining such person during such period, within the premises prescribed therefor by the mayor and council, within or without the corporate limits of the city. (b) Quarantine. The mayor and council shall have the power and authority to establish, declare and maintain quarantine regulations against all contagious or infectious diseases and to punish violators of any such quarantine regulations. (c) Vaccination. The mayor and council shall have the power to provide vaccination points and to employ physicians at the expense of the city to vaccinate all persons who are unable to procure vaccination, and may provide by ordinance punishment for persons failing or refusing to be vaccinated. (d) Penalties for violations. The mayor and council shall have the power to prescribe punishment for all persons violating any ordinance, rule or regulation enacted by said mayor and council for the prevention of disease and for the promotion of the health of the city.

Page 4043

Section 5-8. Designation, abatement of nuisances. The mayor and council of the city may by ordinance declare what shall be a nuisance, and by ordinance prohibit the same within the city and outside the city limits for a distance of five thousand (5,000) feet, and provide for the abatement of same. Section 5-9. Regulation, maintenance of public health and sanitation. The mayor and council of the city shall have the power and authority to provide for the inspection and regulation of the sanitary condition of all premises within the city limits; for the removal of garbage, night soil, refuse and unsanitary or offensive vegetation; to provide for establishing a lien against the property for any expenses incurred by the city in enforcing this provision; and to provide for the making and enforcing of all proper and reasonable regulations, for the health and sanitation of said city and its inhabitants. Section 5-10. Policing public places, protecting water supply. The mayor and council of the city shall have the power to police all parks, grounds, speedways, streets, avenues, alleys and other public places owned by said city, within or without the city limits, to prohibit the pollution of all sources of water supply of said city; and to provide for the protection of water sheds. Section 5-11. Ordinances to protect against fire. (a) Enactments, scope. The mayor and council of the city may enact any and all ordinances, rules and regulations necessary to lay out and prescribe a fire district in the city, and to enlarge, change or modify its limits from time to time; to prescribe when, how and of what material buildings may be erected, repaired or covered, how the walls, chimneys, stove pipes and flues are to be constructed; to provide for fire escapes in said buildings, and generally to do all such things and to pass such laws and ordinances as the mayor and council may deem necessary in order to protect said city as far as possible from dangers from fire and to prevent the spread of fire from one building to another, and for the protection and safety of the people.

Page 4044

(b) Changing, removing construction. The mayor and council shall have the authority to order any changes in the construction or arrangement of buildings, chimneys, stove pipes, or flues, and to order the removal thereof when in their judgment the same are dangerous or likely to become so, and to make the owner of the affected premises pay the expense of such change or removal, which expense may be collected as taxes are collected. (c) Removal, alteration of building. If any person, firm or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of the city, the mayor and council may order such person, firm or corporation to remove or alter the same within the time limit specified therefor, and if such person, firm or corporation shall not remove or alter such buildings after such notice to do so is given, then said mayor and council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected as taxes are collected. Section 5-12. Regulating safety of buildings. The mayor and council shall have the power and authority to enact and enforce all ordinances and resolutions necessary to regulate the safety of all buildings. Section 5-13. Exits, fire escapes; construction and sufficiency. The mayor and council shall have the power and authority to require the construction of fire escapes in connection with buildings, and to determine the sufficiency and regulate the safety of all exits and fire escapes provided on buildings of every kind and character. Section 5-14. Authority to grant franchises, permits, easements and rights-of-way. (a) Scope of Authority. The mayor and council of the city shall have the power and authority to grant franchises, permits, easements, and rights-of-way in, on, under and over the streets, alleys, lanes, squares, sidewalks, parks, and other property of said city, upon such terms, conditions, reservations, restrictions and limitations and for such compensation as the mayor and council may fix and prescribe. Provided, however, that the

Page 4045

same shall not be granted for a period longer than twenty (20) years. (b) Applications, notice, granting. The mayor and council shall have the power and authority by ordinance to prescribe the method of making application for any such franchise, easement, permit and right-of-way; what said application shall contain; to provide for notice of such application to be published; to provide when such franchise, permit, easement or right-of-way, if granted, shall become operative; and generally to prescribe such rules and regulations in respect to applications for same, the filing, publication of notice, and the granting of same as the mayor and council may deem necessary or advisable. (c) Ordinances to implement section. The mayor and council shall have the right and power to pass such ordinances as may be necessary to carry out and accomplish the provisions of this section and to prescribe penalties for the violation of said ordinances. Section 5-15. Control of city parks and playgrounds. The mayor and council of the city shall have exclusive control over all city parks and playgrounds, and the power and authority to control, regulate, and remove all obstructions and prevent all encroachments thereupon; and to provide for raising, grading, filling, terracing, landscape gardening, erecting buildings, providing amusements therein, for establishing walks and paving driveways around, in and through said parks, playgrounds and other public grounds. Section 5-16. Regulation of streets, avenues, alleys, obstruction thereof. The city shall have the power to control, regulate and remove all obstructions, encroachments and encumbrances on any public street, avenue, alley, or other public place, and to regulate and control the moving of buildings and structures of any kind or character upon and along the same. Section 5-17. Condemnation of property for streets, sidewalks, public places. (a) Scope of authority. The mayor and council of the city shall have full power and authority to

Page 4046

condemn property for the purpose of laying out and opening new streets, sidewalks, alleys, squares and parks in the city, and for the purpose of widening, straightening, grading or in any way changing the streets, lanes and sidewalks of the city. (b) Exercise of power. Whenever the said mayor and council shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or a trustee, executor, administrator, guardian or agent, under the same terms and conditions as provided for in the general laws of this State with reference to the condemnation of private property for public use as contained in the Code of Georgia of 1933, having reference to the condemnation of private property for public use, and as provided by Acts amendatory thereof. Section 5-18. Streets, sidewalks and public placesopening, widening, changing. (a) Scope of authority. The mayor and council of the city shall have the absolute, full and complete control and supervision of the streets, sidewalks, alleys, lanes, parks, squares and other public places of said city, and shall have full power and authority to open, close, lay out, narrow, widen, straighten, grade or otherwise change the streets, sidewalks, alleys, lanes, parks, and squares of said city, and shall have the power to lay off, grade, vacate, close up, curb and pave the roads, streets, bridges, alleys, sidewalks, cross drains, crosswalks, drains and gutters or any of them for public use or laying wires, or sewerpipes, throughout the streets, squares, lanes, alleys, parks and public places of said city upon such terms and conditions as the mayor and council may by ordinance provide. (b) Assessment of cost. The mayor and council may assess not more than two-thirds ([UNK]) of the entire cost of such paving, grading, curbing, removing, repairing, draining and laying sewerage, any or all, against the abutting property and the owners thereof, including street and railroad property and the owners thereof according to the proportion

Page 4047

that such abutting property bears to two-thirds ([UNK]) of the cost of paving, grading, curbing, removing, repairing, draining and laying sewerage, any or all, of such sidewalks, streets, avenues, alleys, lanes and other public places; and also to provide for the enforcement and collection of such assessments against the abutting property and owners thereof, including railroads thereon, by execution issued against such property and such owners. (c) Equalizing assessments. The mayor and council shall have full power and authority to adopt by ordinance such system of equalizing assessments on real estate for the purpose above stated, as may be just and proper, estimating, the total cost of each improvement made, and prorating the cost thereof, or such part as is to be borne by the abutting property and the owners thereof, on the abutting real estate, and owners thereof, according to the proportion such abutting real estate bears to two-thirds ([UNK]) costs of paving, grading, curbing, repairing, removing, draining and laying sewerage, any or all, on or along such street, sidewalk, avenue, alley, lane or other public places, or according to the area or value of said real estate, any or all, as may be determined by ordinance. (d) Lien of assessment. The amount of the assessment on each piece of real estate shall be a lien on such real estate against the owner thereof, from the date of the passage of the ordinance providing for the work and making assessment. (e) Collection of assessment. The mayor and council shall have full power and authority to enforce the collection of any assessment so made for such work, or improvement, as aforesaid, by execution issued by the city clerk, against the real estate so assessed and the owner thereof for the amount thus assessed; which execution may be levied by the chief of police of the city on such real estate or other property owned by the owner thereof, without such levy being open to the charge of being an excessive levy, and after advertising and other proceedings, as in case of tax sales under existing ordinances, or such as may hereafter be made applicable to the subject, said property shall be sold in the

Page 4048

same manner and shall be subject to all the rights of purchase by the city and redemption by the owners as is now provided for tax sales by said city; provided, that all advertisements may be made in the official organ of said city. (f) Contest of assessment. To any execution issued under the provisions of this section the defendant shall have the right to file an affidavit of illegality to common law judgments under the practice of the Superior Courts of the State, denying that the whole or any part of the amount for which such execution issued, is due, and the reason why the same is not due, but any amount admitted to be due shall be paid before the affidavit of illegality is received, and said affidavit shall be received for the balance, and said affidavit so received shall be returned for trial to the Superior Court of Walker County, Georgia, and there tried, and the issues determined as in other cases of illegality, subject to all the pains and penalties provided for in cases of illegalities filed for delay only. (g) Priority of assessment. The lien of such assessments and the executions, issued thereon on abutting property, including that of street and steam railroads, and the owners thereof, for any such improvements contemplated and provided for by this section shall have rank and priority of payment next in point of dignity to liens for taxes, as provided by the Constitution and laws of the State of Georgia, and of the United States, and shall have priority over all other executions and judgments and liens, such liens to date from the passage of the ordinance authorizing the execution of the work and improvement in each case. (h) Application to maintenance, repair. The mayor and council shall have full power and authority to prescribe by ordinance such rules as they may in their discretion deem necessary and proper, to grade, pave, curb, macadamize, repair, drain or lay sewerage along or upon or otherwise improve any or all of the streets, avenues, alleys, lanes, sidewalks, or other public places in said city, and assess not more than two-thirds (2/3) of the costs or expenses against abutting property, and the owners thereof, and enforce by execution the collection thereof against the butting property

Page 4049

and the owners thereof, and to prescribe by ordinance such notices to the abutting property owners as said mayor and council may see fit and proper. (i) Publication required. One (1) publication of such ordinance, or ordinances, for any of the work and improvements contemplated by this section, in the newspaper designated as the official organ for said city shall be sufficient notice to the abutting property owner or the owners of any street or steam railroads having property or tracks abutting on such streets, sidewalks, avenues, lanes, alleys, or other public places in said city, of the contents and provisions of such ordinance, or ordinances, and of the fact that such improvements are to be made. (j) Service of notices. Any other notice or notices deemed necessary or desirable to be made on abutting property owners by said city may be made in person or by leaving at the residence of the person to be notified if a resident of said city, but if such person is not a resident of said city then such notice may be served by publishing it for such time as may be prescribed by ordinance, and such publication in the official organ of said city shall be sufficient; provided, further that if said abutting property is owned by a partnership or by tenants in common notice to any one of such owners shall be deemed sufficient, and if such real estate is owned by a minor or other person laboring under legal disabilities notice to such minor or person laboring under legal disabilities and his or her guardian, if any, shall be deemed sufficient service of such notice; if such minor or person laboring under legal disabilities be a nonresident or absent from the city for more than ten (10) days, service may be made by publication as hereinbefore provided. (k) Issuance of negotiable certificates. In addition to the authority hereby vested in the mayor and council of said city to issue executions for such improvements as is herein provided, covering the assessments in question, the said mayor and council, shall have authority to issue paving, curbing, macadamizing, grading, draining, or sewerage certificates, one or all, in the name of the city, in behalf of or payable to the paving or other contractor, or any other person,

Page 4050

corporation or concern, which certificates shall be made negotiable, and shall be issued in such denominations and payable at such time or times, either for one (1) year or more than one (1) year, in the discretion of the mayor and council, to bear such legal rate of interest as may be fixed by council, interest to be payable annually or semi-annually, and principal and interest to be paid at such place or places as may be fixed by said mayor and council; said certificates to be based upon the executions issued against the abutting property and the owners thereof for such street or sidewalk improvements aforesaid. (l) Negotiation of certificates. The mayor and council shall have authority to negotiate such certificates when so issued to contractors for such improvements or parties furnishing material therefor, in settlement of such paving or other improvement provided herein, labor or material, or to negotiate them to banks, trust companies, or other persons or parties having money to lend, and raise the money for the purpose of paying for such street or sidewalk improvement. (m) Payment of certificates. The mayor and council shall have the authority to collect assessments for such street or sidewalk improvement under such execution as may be issued by authority of said City, and use the money for the purpose of paying such sidewalk or street improvement certificates thus issued, and to prescribe the terms, the payment, the rate of interest and the time and place of payment of such executions and of such street or sidewalk improvement certificates. (n) Additional powers. The city, through its mayor and council, shall have all other and necessary authority under the law to fully improve, grade, curb, macadamize, repair, drain or lay sewerage in or along any or all of its sidewalks, streets, avenues, lanes, alleys, ways and other public places in said city, and to make assessments against the abutting property owners (either where all of the improvement is to be paid for by the abutting property owners or where a part of it is to be paid by said city), to issue executions thereon with special liens and to provide the manner and form of

Page 4051

enforcing the collection thereof, and all other necessary authority for successfully carrying out such street or sidewalk improvements, in a manner to be provided by proper ordinance or ordinances to be adopted by said city. Section 5-19. SameMaintenance, drainage, repair. (a) Scope of authority. The mayor and council of the city shall have full power and authority to pass all laws and ordinances necessary for the drainage and proper maintenance and care of the streets, alleys, sidewalks and other public places of said city; to provide for the paving, grading, macadamizing, curbing, or otherwise improving, for travel or drainage, the same or any part thereof; or to regrade, repave, recurb, remacadamize, or repair in any way the pavement, curbing, grade or drainage of the same, whenever in the judgment of the said mayor and council, the same becomes necessary or advisable. (b) Manner of payment. The said mayor and council shall have the right and authority to provide, by ordinance, how said paving, grading, macadamizing or repairing, maintenance and care of the same shall be paid, whether by the city or whether by the adjacent land owners or by both. Section 5-20. Right-of-way of railroad; maintenance, repair. The mayor and council shall have the full power and authority to enact all laws and ordinances to require any railroad company having or which may hereafter have, tracks running in, along, across or through the streets, alleys or ways of said city, which have been improved, to macadamize or otherwise pave and improve as the mayor and council may direct, the width of their tracks, and two (2) feet on each side thereof, and to require said companies to repair or repave their aforesaid portions as the mayor and council may direct, and the mayor and council shall have the power and authority to enforce the provisions of this section by proper ordinances. Section 5-21. Construction, paving, repair of streets, pavements by abutting owners. (a) Authority of city to require work. All streets, alleys, sidewalks, pavements and street crossings in the city shall be under the control, power and direction of the mayor and council of said city, and they

Page 4052

shall have full and complete power and right to direct the mode, manner and style in which all street crossings, sidewalks, and pavements shall be constructed, paved, or unpaved, and in case of failure or refusal of any property owner, after ten (10) days' notice to comply with the ordinance of said city in reference to the construction, paving or repairing of the sidewalks, pavements or street crossings the mayor and council of said city are hereby authorized and empowered to prescribe that said owners be fined in a sum not exceeding two hundred dollars ($200.00) and to collect the same by execution. (b) City may do work. The mayor and council may also direct their officers, or persons in their employment, to carry out and execute the provisions of said ordinance in reference to sidewalks, pavements and street crossings at the expense of the owner so refusing or failing to comply with said ordinance. (c) Execution for expenses. The mayor and council is hereby empowered to issue execution for said bill of expense against said owner and levy and collect the same, as in cases of execution for taxes. Section 5-22. Supervision, regulation of public work. The mayor and council may prescribe by ordinance or resolution any and all public work to be performed in the city and the method of doing the same, and shall have charge of the performance of all such public work. Section 5-23. Fixing manner of executing public work or improvement. Any public work or improvement may be executed either by contract or by direct labor, as may be determined by the mayor and council. Before authorizing the direct execution of any work or improvement, detail plans and estimates thereof shall be submitted to the mayor and council by the department which is to execute such work or improvements, and there shall be separate accounting as to each work or improvement so executed. Section 5-24. Sanitary sewer system; establishment, maintenance, use. The mayor and council of the city shall

Page 4053

have the power and authority to provide for a sanitary sewer system and for the maintenance thereof; to require property owners to make connection from their premises to such sewers; to provide for fixing a lien against any property owner's premises who fails or refuses to make sanitary sewer connections; to charge the cost against the said owner and make it a personal liability; and to fix penalties for failure to make sanitary sewer connections. Section 5-25. Authority to require connections to water, sewer systems. (a) Scope of authority. The mayor and council of the city shall have power and authority to compel any resident or nonresident or property owner owning lands located upon any of the streets of said city over which the water and sewerage system now or may hereafter extend, upon which lands, houses or other buildings are erected, or may be erected and occupied, either by the owner or by tenants, to connect the same with the water and sewerage systems now or hereafter laid by said city, and to compel said property owners or others owning, controlling or using such buildings, to pay the expense of said connections when done by the city (which authority is hereby granted in the event such owner or other person fails or refuses to cause such connections to be made, within such reasonable time as the mayor and council may direct), in the same manner and under the same rules and regulations that the collections of taxes are enforced. (b) Places to be filled in. The mayor and council of said city shall have the authority to require all surface wells, dry wells, or other places to be filled in at the expense of the owner, and should the owner fail or refuse to fill the same within a reasonable time as the mayor and council may direct, the same shall be done by the city, and the expense thereof shall be collected from the owner in the same manner as taxes are collected. (c) Ordinances to implement section. The mayor and council are hereby authorized and empowered to enact such ordinances as may be necessary to fully effectuate the provisions of this section.

Page 4054

Section 5-26. Authority to extend water, sewerage system; assessment of cost. (a) The mayor and council shall have power to extend the water and sewerage systems to any portion of the city within the corporate limits of said city, provided that two-thirds (2/3) of the cost of said extension is paid by the owners of the property to which said extension is made; and to extend said systems, or either of them, to any place beyond the corporate limits deemed feasible by the mayor and council. The mayor and council shall have power to provide for such sewerage extension by proper ordinance. (b) The exercise of this provision shall be optional, however, with said owners and shall in no way affect the right of the mayor and council to extend the water and sewerage systems by the expenditure of funds from the treasury, but where there are no such funds they may comply with this provision at the instance of owners who desire water or sewerage services under this provision. Section 5-27. Water, sewerage, electric and natural gas system; maintenance, repair, extension. (a) Authority of city. The mayor and council of the city shall have the power and authority to establish, maintain, equip, repair, extend, enlarge, and in any way improve the systems of waterworks, sewerage, electrical and natural gas in the city, for the purpose of supplying its inhabitants and the city and consumers generally, with water, sewerage, electricity, and natural gas, or any of them; and the mayor and council shall have the power to do any and all things necessary for such purpose, to contract with any person or persons, firms or corporations, for the purchase of land or premises to be used in connection therewith, whether within or without the city, and to contract for the purchase of easements over lands and premises to be used in connection therewith, whether the lands and premises over which easements are desired are within or without the limits of said city, and if necessary for any or all of such purposes to condemn the same as hereinafter provided. (b) Purchases, construction. Said mayor and council in the

Page 4055

name of the city shall have full power and authority to make purchases of plants, machinery and any and all articles and things that may be necessary or advisable for the proper equipment of said plants or any of them, and for the purpose of properly repairing and maintaining the same, or for the purpose of extending, enlarging, or in any way improving said plants or any of them; to build and erect structures, build, shape and furnish the same with machinery, tools and equipment that may be necessary or expedient in the care and maintenance of said plants, and generally to have the power and authority to do any and all things necessary or expedient to the upkeep, care, maintenance and improvement of said plants, or the extension or enlargement thereof. The right to repair and maintain said plants, or either of them, and to purchase such articles and things for such purposes, shall be exercised by the mayor and council. (c) Application to new systems. The mayor and council of the city shall have the full power and authority to establish and maintain new systems of waterworks, electricity, sewerage, natural gas, or any of them, whenever it may be necessary or advisable for the purpose of furnishing and supplying its inhabitants, and the city and consumers generally with water, sewerage, electric lights and natural gas, or any of them, and when such power and authority is exercised, the said mayor and council shall have the same rights, powers and privileges and shall be subject to the same duties and responsibilities for the erection, equipment, care, maintenance, repairing and improvement thereof, and the making and enforcement of contracts for the furnishing of services from such systems, or any of them to the inhabitants of said city and nonresidents thereof, together with the right to acquire, own, possess and condemn lands and premises for such purposes whether within or without the limits of said city, as are herein conferred upon and granted said mayor and council respecting the present systems owned and operated by the city. Section 5-28. Furnishing water, sewerage, electrical, gas services. (a) Contracts authorized. The mayor and council

Page 4056

in the name of the city shall have the right and authority to make contracts with the inhabitants of the city, and to consumers generally, whether residents of said city or residents without the limits thereof, for the furnishing of water, electric lights and power, sewerage, natural gas or any of them, at such rates and under such rules and regulations as the mayor and council may provide. (b) Fixing rates and charges . The mayor and council shall have power and authority to fix all rates and charges made for any such public service owned and operated for and by the city. Section 5-29. Franchises for water, electric, sewer, gas service . (a) Authority of city . The mayor and council shall have full power and authority to grant franchises over its streets and other public property to any persons, firms or corporations for the furnishing of water, electric lights and power, sewerage, natural gas, or any of them, to the city and its inhabitants and to make such contracts with such persons, firms or corporations for such services as the mayor and council may deem proper. (b) Referendum requirements . The city shall not be bound by any such contract for a longer period than one (1) year from the making thereof, unless said contract shall have first been approved by a majority vote of the voters voting at an election to be held for such purpose, of which at least four (4) weeks' notice shall be given in a newspaper in the city by the mayor and council, which notice shall contain a substantial statement of the proposed contract, as well as the time and place of the election, and said election shall be governed by the laws of said city applicable to the regular election of the mayor and councilmen. (c) Duration of franchise . No such franchise shall be granted for a period longer than twenty (20) years from the date of granting same. (d) Enactment of appropriate legislation . The mayor and council of the city are hereby authorized and empowered

Page 4057

to enact all laws, ordinances, rules and regulations necessary to carry out and accomplish the purposes of this section. Section 5-30. Condemnation of property for water, electric, sewerage, gas services . (a) Authority of city . The mayor and council in the name of the city, shall have full power and authority to condemn any lands or premises, within or without the city, for the purposes of establishing and maintaining electrical plants, water work systems and sewerage systems, drainage systems, natural gas systems, or any of them for said city, or for the purpose of maintaining, extending, enlarging or improving the present systems, or any of them, and for either or all of said purposes. (b) Regulation of proceedings . Whenever the right to condemn lands and premises herein granted is exercised, all proceedings in respect thereto shall be under the same terms and conditions as provided for in the general laws of this state with reference to the condemnation of private property for public use, as contained in the Code of Georgia of 1933, and referring to the condemnation of private property for public use, and as provided by Acts amendatory thereof. Section 5-31. Sale of electrical, water or gas plant and/or system . (a) Authority . The mayor and council of the city are hereby authorized and empowered by ordinance to contract to sell and sell upon such terms and conditions as they may determine, any electrical, water or gas plant or system, including distribution lines and all equipment, apparatus and property whatsoever, both real and personal, connected therewith and used as a part thereof, belonging to the city, and to cease operation of such system or systems, and to convey good and clear title thereto by deed of the city executed by its mayor. (b) Election required . At such time and place as shall be fixed by the mayor and council of the city there shall be an election in said city by the duly qualified voters thereof, to authorize the selling of the system or systems, distribution lines and equipment, apparatus and property

Page 4058

whatsoever belonging to said city, as the same then exists, said election to be held and determined as provided by said mayor and council of said city in which election ballots shall be furnished for the question whether such sale shall be consummated. (c) Effect of election . If a majority of those voting cast their votes in favor of selling said plant and all equipment, then the mayor and council of said city shall be authorized to sell the same. If a majority of the voters voting cast their votes against the selling of the same, then the mayor and council shall be without power and authority to sell said plant and equipment. (d) Notice of election . No election shall be held without first advertising the same in some newspaper published in said city once a week for four (4) weeks prior to the time of holding said election. (e) Place of election . Said election shall be held at the place of holding elections in said city for mayor and councilmen. (f) Qualifications of voters . The qualifications of voters shall be the same as are now required of voters in the elections held in said city for mayor and councilmen. Section 5-32. Bonds issued for debts, public improvements . The city may issue bonds for the payment of its debts or for public improvements, but such bonds shall be issued only in accordance with and under the provisions of the laws of Georgia as found in the Code of Georgia of 1933. Section 5-33. Levy of ad valorem tax for general city purposes . (a) Amount, scope of tax . The mayor and council shall have power and authority to levy and collect a tax annually, for general city purposes, of not more than fifteen (15) mills, upon each dollar of assessed valuation, upon all and every species of property, both real and personal, within the limits of the city, including bonds, notes, debts, choses in action, moneys employed in banking and otherwise,

Page 4059

and to enforce the collection of same by execution, levy and sale as the mayor and council shall provide. (b) Due date, collection . The mayor and council shall have power and authority to provide by ordinance when such taxes of said city shall be due, in what length of time said taxes shall be paid, when tax executions shall issue against defaulters, and to fix a penalty for the nonpayment of taxes when due. Section 5-34. Authority to assess, levy and collect ad valorem tax for bond purposes . (a) Scope of authority . The mayor and council of the city shall be and are hereby authorized and empowered to annually assess, levy and collect, in addition to all other taxes authorized to be levied under this charter, a tax on all the property, both real and personal, in the corporate limits of said city in such sums as they may deem right, proper and necessary for the specific purpose of paying the interest on all bonds outstanding, or which are issued under the provisions of this charter, and also to create a sinking fund sufficient to redeem and pay off all bonds outstanding or which are issued under the provision of this charter, at their maturity. (b) Use of funds . All taxes so assessed, levied and collected shall be kept separate and distinct from all other taxes and shall be used solely for the payment of the interest on all bonds as it accrues and for the creation and accumulation of a sinking fund for the payment of the principal of all bonds outstanding against the said city or which are issued under this charter. (c) Due date, collection . The mayor and council shall have the power and authority to provide by ordinance when such tax shall be due, and what length of time such tax shall be paid, when tax executions shall issue against defaulters, and to fix a penalty for the nonpayment of such taxes when due. Section 5-35. Returns of property for taxation; determination of due dates . The mayor and council of the city

Page 4060

shall have the power to provide by ordinance for the return of all real and personal property for taxation, to provide for compelling such return, and to provide penalties for failure to do so, to double tax defaulters, after due notice and hearing to be prescribed by the mayor and council, for the current or any previous years, not in conflict with any limitation prescribed by the laws of Georgia; and to prescribe the time or times at which said returns are due. Section 5-36. Executions for taxes, licenses, other demands. (a) Issuance, contents, procedure thereunder. Executions for any and all taxes or licenses, or demands of any sort due the city or its corporate authorities by any person, firm or corporation, or against any property subject thereto, shall be issued by the clerk, signed by him, bear teste in the name of the mayor, and be directed to the chief of police of said city and his deputies and to all and singular the sheriffs, deputy sheriffs, and constables of this state, commanding them that of any property belonging to the defendant against whom said execution is issued, or of certain property described in the execution, they make by levy and sale the amount due on the execution with all cost. The mayor and council shall, by ordinance, provide the time, place and advertisement of, method of conducting, and all regulations governing sales by the chief of police under said executions. The sheriffs, deputy sheriffs and constables of this state shall proceed in the same manner to levy and collect said executions as they do executions issued from the respective courts of which they are an executive officer. (b) Laws, presumption governing executions. 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. (c) Laws, rules, presumptions governing deeds. All deeds executed under levy of executions in favor of the city for taxes, licenses, special assessments, fines or forfeitures,

Page 4061

shall be governed by the laws and rules of evidence which apply to deeds executed by the sheriffs under levy of executions for state and county taxes, and shall be subject to all presumptions of law and fact which apply to deeds executed by sheriffs under levy of executions for state and county taxes. Section 5-37. Contesting assessment of property for tax. (a) Appointment of arbitrators. If any taxpayer is dissatisfied with the assessment made on his property, either real or personal, by the city tax assessor, such tax-payer shall, within ten (10) days after the assessor has made his return to the mayor and council, in the case of resident owners, and within twenty (20) days of such return in case of non-resident owners, file written notice with the clerk of council of his dissatisfaction, and shall name in his said notice one (1) arbitrator, a freeholder of the city, to represent him in fixing the value of his said property. Upon such notice being filed with the said clerk, it shall be his duty to notify the mayor and council of that fact, and it shall be their duty within three (3) days to name an arbitrator, who shall also be a freeholder of the city, to represent said city in fixing the value of the property in dispute; the two (2) arbitrators so elected shall be immediately notified of their designation by the city clerk and shall forthwith select an umpire, who shall also be a freeholder of the city. In the event the two (2) arbitrators fail to name the umpire within twenty (20) days after their appointment, he shall be named by the mayor and council. (b) Authority of arbitrators. The board of arbitrators so constituted shall proceed within ten (10) days from the date of the naming of the umpire, to give their awards as to the value of such property, which awards shall be returned to the city clerk, and if either the city or the taxpayer is dissatisfied with said award either party may appeal to superior court. Section 5-38. Licensing, regulating businesses, occupations, trades, callings, and pursuits. (a) Scope of authority. The mayor and council of the city shall have the right and

Page 4062

authority to tax, license, regulate, and control by ordinance, all businesses, occupations, trades, callings, pursuits and professions and any and every other type of commercial activity conducted or carried on in the city, and which under the Constitution and laws of this state are subject to license, regulation and tax. (b) License restrictions. The mayor and council shall also have the right by ordinance to fix and prescribe the amount of said taxes and licenses; to provide where the same shall be paid; to provide for the revocation of any or all licenses issued pursuant to this section; and to provide penalties for the violation of any of the provisions thereof. Section 5-39. Registration, special tax on trade, business, vocation, profession, calling, pursuit. The mayor and council shall have full power and authority by ordinance to require any person, firm or corporation, whether a resident or nonresident of the city, engaged in or carrying on or who may engage in or carry on any business, trade, pursuit, calling, vocation, or profession, within the corporate limits of said city, either by themselves or by their agent or agents, to register their names and business, trade, pursuit, calling, vocation or profession, annually, and to require such person, firm or corporation to pay for such registration such amount as the mayor and council may by ordinance prescribe; and to provide for the punishment of all persons, firms or corporations who are required by ordinance to pay the said special tax and register, who shall engage in or offer or attempt to engage in such business, calling or profession without first complying in all respects with the ordinance in reference thereto. Section 5-40. Licensing, regulation of dealers in, handlers of food and food products. (a) Scope of authority. The mayor and council of the city shall have the power and authority to regulate and control by ordinance persons keeping food establishments in said city; to provide for the regulation and inspection of all food and food products sold or offered for sale in said city; to provide for the inspection and regulation of all establishments operated for

Page 4063

the preparation, processing or serving of food and food products, and all animals slaughtered or intended for slaughter by the owners to be used in the preparation, processing or serving of food and food products. (b) License restrictions. The mayor and council shall also have the right by ordinance to fix and prescribe the amount of taxes and licenses upon said activities; to provide where the same shall be paid; to provide for the revocation of any or all licenses issued pursuant to this section; and to provide penalties for the violation of any of the provisions hereof. Section 5-41. Licensing, regulating control of signs, billboards. The mayor and council shall have power and authority by ordinance to license, regulate, control and prohibit the erection of signs or billboards; and to provide penalties for the violation of any of the provisions of such ordinance. Section 5-42. Authority to borrow money. The mayor and council of the city shall have the power and authority to borrow money for the use of said city by making a temporary loan or loans to supply casual deficiencies of revenue, not to exceed one per cent (1%) of the assessed value of the taxable property within any one year; the sum or sums so borrowed shall be paid from the income of the city for the fiscal year in which the loan or loans are made, and before the expiration of the fiscal year in which the same were made. Section 5-43. Authority to provide for depository of city funds. The mayor and council of the city may select a bank or banks in or near, said city as a city depository, and may require the treasurer or other appropriate officer of said city to deposit all funds of the city therein. Said depository may be selected upon such rules, regulations, conditions and requirements as the mayor and council may by ordinance prescribe. Section 5-44. Authority to regulate sales by weight and measure. The mayor and council of the city shall be and

Page 4064

are hereby empowered and authorized to regulate by ordinance, the selling, weighing and measuring of all articles and commodities sold by weight and measure; to require dealers to keep honest weights and measures; to give full and honest weights and measures; to provide for the inspection and regulation of such weights and measures; to provide that the policemen of the city shall have the power and authority to stop wagons or drays loaded with any of such articles and commodities and have the same measured or weighed to determine whether the articles or commodities thereon are of full weight or measure; and to prescribe penalties for any violation of this section or ordinance adopted to effect the same. The provisions of this section shall also apply to persons who reside without the limits of the city bringing any of said articles or commodities into said city for sale. Section 5-45. Authority to regulate traffic. The mayor and council of the city shall have the power and authority to control and regulate the running of bicycles, automobiles, motorcycles and any and all other kinds of vehicles in the city, whether said vehicles are propelled by hand, foot, steam, electricity or other motive power; to prescribe the rate of speed and the manner in which the same may be run, and the qualifications of the drivers, chauffeurs or operators of said vehicles; to provide for the registration of said vehicles, and to do any, and every act and thing necessary or incident to the safety of the same and of the public. The mayor and council of said city shall have the authority to accomplish the provisions of this section by ordinance and to provide penalties for the violation thereof. Section 5-46. Railroad trains; speed, operation. The mayor and council of the city shall have full power and authority by ordinance to regulate the speed and operation of railroad trains on, along or across the streets, avenues or alleys of the city; and to regulate in any other way the running or operation of railway trains within the city limits, as it may deem necessary to protect and safeguard the public and to provide penalties for the violation of any of the provisions of this section.

Page 4065

Section 5-47. Authority to regulate vehicles for hire. The mayor and council of the city shall have the full right and power, by ordinance, to regulate all vehicles of every kind and description used in the city for hire or profit in the transportation of passengers, freight, drayage or either or all of them; to provide for the inspection of same; to fix the rates of fare therefor; and to fix and prescribe penalties for violation thereof. Section 5-48. Regulating plumbers and plumbing. The mayor and council have the power and authority by ordinance to provide for the regulation and control of plumbers and plumbing work, electricians and electrical work, and building contractors, and to secure efficiency in the same. Section 5-49. Authority to regulate storage, sale of explosives, combustibles; sale, discharge of fireworks. The mayor and council of the city shall have the right, power and authority, by ordinance, to regulate the keeping of gunpowder, dynamite, petroleum oils, turpentine, and any and all other kind of explosives or combustible materials; to regulate the sale and use of fire crackers, torpedoes, sky rockets, and any other kind of fireworks; to prohibit the firing or use of them within the limits of said city; and to prescribe penalties for violations of such ordinances. Section 5-50. Authority to regulate cemeteries. (a) Generally. The mayor and council shall have exclusive jurisdiction over all cemeteries belonging to the city. They may make such appropriations as may be necessary for the care and supervision of same, and may enact ordinances and provide penalties for the purpose of preventing trespass thereon. (b) Fees and charges. They may regulate the charges of grave-digging and interment, hearse fees, and any and everything pertaining to the proper care and operation of such cemeteries; including the sale of lots or right to bury thereon. They may prescribe such fees for burials as they may deem proper, and may enforce the collection of such fees, as they may by ordinance provide.

Page 4066

Section 5-51. Removal of ice, snow, debris, overhanging limbs. The mayor and council shall have power and authority to remove within a reasonable time, ice, slush, snow and other debris from sidewalks and to require the owner, agent or lessee owning, occupying or controlling the abutting property to remove all such ice, snow and other debris, and all low-hanging limbs from trees adjacent to such sidewalks. Section 5-52. Keeping, handling of animals and fowl. The mayor and council of the city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, goats, dogs, chickens and all other animals and fowl from running at large in said city; to regulate, prevent or prohibit the keeping of certain animals within the city limits, or to regulate the number and manner in which they must be kept, if allowed; and shall have full power and authority to take up and impound any of such animals and punish all owners of any of such animals who shall fail or refuse to obey such ordinances as may be adopted by the mayor and council of said city to carry out and accomplish the purposes of this section. Section 5-53. Taxation, registration, keeping of dogs. The mayor and council shall have the authority to levy and collect such tax as they may deem proper upon dogs kept within the limits of said city; to provide for the registration thereof, and to prescribe such ordinances respecting the keeping of dogs as may be deemed proper, and to prescribe punishment for violation of said ordinances. Section 5-54. Establishment, operation of municipal pound. The mayor and council shall have authority to establish a pound for the impounding of animals, and to change the same whenever they see proper; to fix a schedule of charges and penalties to be paid by the owners of such impounded animals before they are released from said pound; to regulate the mode or manner of sale or disposition of impounded animals where no owner appears, or when payment of the impoundment fees charged, penalties, or costs is refused; to provide for the disposition of the

Page 4067

proceeds of the sale of impounded animals; and to provide for the punishment of all persons, who, without authority, shall break into the pound or interfere with the operation thereof. Section 5-55. Cruelty to animals. The mayor and council shall have power and authority to prohibit the inhumane treatment of animals and provide punishment therefor. Section 5-56. Regulating handling of drugs. The mayor and council shall have the power and authority to regulate, control or prohibit the sale, gift, barter or exchange of narcotic drugs. Section 5-57. Authority to prohibit loitering, loafing. The mayor and council of the city shall have the right and authority, by ordinance, to prohibit idling, loitering and loafing on the streets, alleys, lanes, squares, sidewalks and other public places in the city, or upon any of them, and to prohibit idling, loitering and loafing in any public buildings in said city, and to prescribe penalties for the violation thereof. Section 5-58. Prohibiting; punishing beggars, prostitutes. The mayor and council shall have the power and authority to restrain and punish vagrants, mendicants, beggars and prostitutes. Section 5-59. Prohibiting keeping of bawdy, assignation, disorderly houses. The mayor and council shall have the power and authority to prohibit and punish keepers and inmates of bawdy, assignation and disorderly houses; to prevent and suppress such bawdy, assignation and disorderly houses; to punish such keepers, inmates and owners or agents of such owners of such houses knowingly permitting such houses to be occupied as such bawdy, assignation or disorderly houses; and to determine such inmates and keepers to be vagrants. Section 5-60. Assessments, noises, other activities interfering with peace and quiet of inhabitants. The mayor and council shall have the power and authority to prohibit

Page 4068

and restrain the flying of kites, firing firearms and fire crackers, the rolling of hoops and the use of velocipedes, bicycles and skates, or the use and practice of amusements on the streets or sidewalks and to restrain, regulate and prohibit the ringing of bells or blowing of horns, bugles and whistles, crying of goods, and all other noises, practices, and performances tending, unnecessarily, to interfere with the peace and quiet of the inhabitants of the city; and to suppress and regulate all other unnecessary noises. Section 5-61. Authority to prohibit gambling. The mayor and council of the city shall have the power and authority by ordinance, to prohibit within the limits of said city, the hazarding of money or other things of value at what is known as matching, to match for money or other articles of value; to prohibit any and all other games for the hazarding of money or other things of value; to prohibit the owners, lessees, or occupants of buildings in said city from allowing or permitting persons to match for money or other things of value therein; or to use schemes for the hazarding of money or other things of value; to prohibit raffling in said city; and to prescribe penalties for the violation of any and all such ordinances. Section 5-62. Authority to provide for working of convicts, custody of prisoners. (a) Scope of authority. The mayor and council shall have full power and authority to provide for the working of the convicts from the recorders court upon the streets and other public places and works of said city; to maintain, establish and equip a jail, prison or guard house in said city for the safekeeping of prisoners and persons charged with violating the laws and ordinances of said city; and to provide for the care of such prisoners. (b) Ordinances to implement provisions. The mayor and council shall have the authority to enact such ordinances as are necessary to carry out the provisions of this section. Section 5-63. Hospitals, similar institutions; establishment, operation. The mayor and council shall have power and authority to establish, maintain and regulate such hospitals, orphanages and charitable institutions as may be deemed expedient by the governing authority.

Page 4069

Section 5-64. Participation in emergency plans with disaster-stricken cities. The mayor and council are hereby authorized to provide by ordinance or resolution for participation by the city in emergency procedure plans whereby the mayor, or in his absence the mayor pro tem, shall be authorized to furnish city equipments, machinery, services, supplies and personnel to other cities during the time of emergency therein; provided however, that in the event of such participation liability insurance coverage and other insurance coverage shall remain in force and effect respecting any equipment machinery, services, supplies or personnel furnished by the city under such plan; and provided further, that the mayor and council may provide by ordinance or resolution for the withdrawal of the city from such plan at any time. ARTICLE VI. BOOK OF ORDINANCES Section 6-1. Establishment, maintenance. The city clerk shall maintain in his office a book which shall be known as the Book of Ordinances of the City of Rossville, hereinafter referred to as the Book of Ordinances. Section 6-2. Entry of ordinances into book of ordinances. All ordinances enacted by the Mayor and Council shall be entered in the book of ordinances after their enactment, and no person shall be punished, nor suffer nor incur any civil or criminal liability or penalty, by reason of the violation of any ordinance of the city until such ordinance has been entered in the book of ordinances. Section 6-3. Entry in book of ordinances as publication. No publication shall be required of any ordinance except its entry in the book of ordinances as herein provided. Section 6-4. Certification of enactment of ordinance. Whenever any ordinance or amendment thereof is entered in the book of ordinances, the city clerk shall enter therewith a certificate showing its enactment by the Mayor and Council. Section 6-5. Deletion of repealed ordinance. When any

Page 4070

ordinance or part thereof is repealed, the city clerk may delete or remove the same from the book of ordinances. Section 6-6. Availability of book of ordinances, extracts therefrom. The book of ordinances provided for in section 6-1 shall be open to the public during all regular business hours of the city clerk and copies of al ordinances included in the book of ordinances, or parts or extracts therefrom, shall be furnished by the clerk to all persons requesting the same upon the payment of such reasonable fee therefor as may be prescribed by the Mayor and Council, which fee shall be paid over by the clerk into the general funds of the city. Section 6-7. Extracts from book of ordinances as evidence. Extracts from the book of ordinances when certified by the clerk under the seal of the city, shall be admissible in evidence in any court of this state, without further proof of their authenticity or their enactment. Section 6-8. Applicability of provisions to existing ordinances. This article shall not repeal nor affect existing ordinances of the city except that such existing ordinances shall be entered in the book of ordinances not later than January 1, 1972, and after said date this article shall apply to all ordinances of the city now existing. Any existing ordinances may be entered in the book of ordinances earlier than said date, and upon their entry therein shall be subject to all the provisions of this article. ARTICLE VII. RECORDERS COURT Section 7-1. Presiding officer designated. Sessions of the recorders court shall be held and presided over by the city recorder. Section 7-2. Time, place of sessions. Sessions of the recorders court shall be held and presided over at the city hall building in the city, or at such other place in said city, at such times as in the judgment of the presiding officer of said court may be necessary.

Page 4071

Section 7-3. Scope of jurisdiction. The jurisdiction of the recorders court shall extend over all violations of the laws and ordinances of the city and all other laws of which municipalities are allowed jurisdiction under the laws of the State of Georgia, whenever said violations and offenses are committed within the corporate limits of the city. Section 7-4. Jurisdiction extended beyond city limits. The city shall have the power and authority to exercise police power over all property beyond the limits of the city but owned by the city, and jurisdiction of violations of the ordinances of the city in and over such territory is hereby vested in the recorders court of the city. Section 7-5. Powers enumerated. The recorders court and the presiding officer thereof shall have the following powers. (a) Contempt. To punish for contempt against its lawful authority whether in its presence or otherwise; (b) Summonses, subpoenas. To issue summonses and subpoenas for witnesses and compel their attendance whether residents of the city or not; to issue subpoenas duces tecum for witnesses and the production of books and papers whether in the city or not, and compel their production; to compel the presence of witnesses by imprisonment if necessary and to take bonds to secure their attendance and to forfeit said bonds before said police court; and to punish, as for contempt, failure to obey its legal summonses and orders; (c) Continuances. To grant continuances under rules of law: (d) Bonds, recognizances. To take bonds and recognizances for persons charged with offenses against the laws and ordinances of the city for their appearance at its sessions from time to time, until the principal in said bond is tried for the offense charged, in such amount as may be deemed sufficient to compel their appearance; and to forfeit all appearance bonds when the principal shall fail or refuse

Page 4072

to appear at said court at the time and places specified therein, under such rules and regulations as the Mayor and Council of said city shall by ordinance prescribe; and (e) Enforcement of authority. To do generally, all other acts and things necessary for the proper enforcement of its authority. Section 7-6. Trial of violations against city laws and ordinances; limitation upon penalty. The mayor or recorder, as the case may be, shall have the power and authority to try all offenses and violations against the laws and ordinances of the city, committed within the corporate limits thereof, and upon conviction, to punish offenders by a fine not exceeding three hundred dollars ($300.00), by imprisonment in the city jail or guardhouse for any term not exceeding ninety (90) days, or by compulsory work, not exceeding ninety (90) days, on the streets of the city or upon any of the public works of said city, as the presiding officer of said court may direct. Section 7-7. Imposition of punishments. Any or all of the punishments prescribed in section 7-6 may be inflicted in the discretion of the Mayor or the recorder, as the case may be, presiding in the recorders court, and such presiding officer shall have the authority to impose any of the above punishments in the alternative. Section 7-8. Limitation upon punishment for contempt. The recorders court shall have the power and authority to punish for contempt by fine not exceeding twenty-five dollars ($25.00), or by imprisonment in the city jail or guardhouse not exceeding ten (10) days, either or both, in the discretion of the presiding officer of said court; provided that a continuous failure or refusal by any person to obey the lawful orders and summonses of said court shall be deemed a continuous contempt, and the said court may imprison such person until its lawful orders are obeyed. Section 7-9. Execution, levy, sale to enforce collection of fine. Whenever any person is convicted and sentenced to

Page 4073

pay a fine or to imprisonment or to work upon the streets of the city or other public works thereof, and fails or refuses to pay said fine, the collection thereof shall be enforced by execution, levy and sale in the same way and manner as the collection of taxes is enforced in the city. Section 7-10. Criminal jurisdiction of justice of the peace vested in presiding officer. The Mayor or the recorder of the city presiding in the recorders court of said city, shall have, in addition to the jurisdiction hereinbefore conferred, criminal jurisdiction of a justice of the peace, and when it shall appear upon the trial of any case in the recorders court of said city, that an offense against the laws of the state has been committed within the limits of said city, it shall be the duty of the Mayor, Mayor pro tem or the recorder of said city, as the case may be, presiding in said court, to make a thorough investigation into the facts and to commit the offender to jail or to bail to answer to the court having jurisdiction of the offense if the offense is bailable. Section 7-11. Jurisdiction to try nuisances, require abatement. The recorders court of the city shall have concurrent jurisdiction with the Mayor and Council of said city in respect to the trial and abatement of all nuisances in said city. Section 7-12. Right to trial upon written accusation. All trials in the recorders court of the city shall be had without written pleadings of any kind unless the defendant shall, upon the calling of the case, file a written demand with the city clerk that an accusation, in writing, shall be preferred against him, in which event a written accusation, in form substantially as follows: Georgia, Walker County, City of RossvilleIn the Recorders Court of the City of Rossville: I,....., chief of police (or policeman) of said city, in the name and behalf of the City of Rossville, charge and accuse..... of the offense of....., contrary to the laws and ordinances of said city, the good order, peace and dignity thereof,

Page 4074

shall be preferred against the defendant, signed by the officer making or prosecuting the case, and filed in said court, whereupon the defendant shall enter his plea thereon in writing and the issue thus formed the case shall proceed to trial and disposition. Section 7-13. Appearance Bonds amount, conditions, effect. The chief of police or any policeman of the city shall release any person arrested for a violation of the laws and ordinances of said city, upon said person giving a bond with good and sufficient security to be approved by the chief of police or the assistant chief, or in their absence by the senior officer on duty, payable to the mayor of said city, an amount fixed by the said chief of police or the assistant chief, or in their absence by the senior officer on duty, for the personal appearance of such person before the recorders court of said city at the time and place therein specified, to answer the charges against him, and from time to time until the principal in such bond is tried and the case disposed of, and not to depart from thence except by leave of the court, except when the offender is violent, in which case bail may be refused. Section 7-14. SameForfeiture. In the event the principal fails to appear before the recorders court as stipulated in his appearance bond, said bond shall be forfeited in said court and the presiding officer thereof shall have the power and authority to order the principal in said bond re-arrested and placed in the city jail or guardhouse until such case shall be tried and disposed of, or to admit the defendant to bail, as he may deem proper. Section 7-15. Certiorari to review convictionPrerequisites. Any person convicted in the recorders court in the city for a violation of any of the laws and ordinances of said city shall have the right to certiorari to the Superior Court of Walker County; provided, all costs are first paid to the city clerk, who shall, upon payment thereof, certify in writing that the same has been paid and bond and security given in double the amount of the fine imposed, to personally appear, stand to and abide by the final judgment in said

Page 4075

case; and if no fine is imposed and the defendant is sentenced to work on the street or other public works in said city, then a like bond shall be given, the amount of which shall be fixed by the presiding officer of said recorders court. Section 7-16. SameBonds to be approved. All bonds given in certiorari cases shall be approved by the presiding officer in the recorders court. Section 7-17. SameAffidavit in lieu of bond. Nothing in sections 7-15 through 7-19 shall prevent the defendant if he desires to certiorari his case from filing the usual affidavit in forma pauperis in lieu of giving bond and security and the payment of the costs. Section 7-18. SameAffidavit, bond to act as supersedeas. Upon the affidavit provided for in section 7-17 being made or the bond provided for in section 7-19 being given, the same shall act as a supersedeas of the judgment sought to be reviewed by certiorari, until the final judgment is rendered in said case. Section 7-19. SameRules and regulations applicable. All certiorari shall be governed under the same rules and regulations, except as otherwise provided herein, as are provided by law for the carrying of cases by certiorari from the Court of Ordinary to the Superior Court. Section 7-20. City recorderCreation, establishment of office. The Mayor and Council of the city shall create the office of city recorder for said city and shall call an election within 30 days from date of passage of this act, to fill such office. Section 7-21. SameQualifications, oath of office. The recorder shall be an attorney, and shall be a resident for at least 12 months, and must own real estate in the city. Section 7-22. SameTerm of office. The recorder shall hold his office until the next city election, and until his successor is elected and qualified, and shall at the next city

Page 4076

election be elected to the same term as prescribed for the Mayor and Council. Section 7-23. Compensation. The recorder shall receive such salary as prescribed by the mayor and council, not to be less than $200.00 per month. Section 7-24. SameDuty to preside in recorders court. It shall be the duty of the recorder to preside in the recorders court of the city in all cases, except when providentially hindered or when absent from the city, or when he may be disqualified. In either case the Mayor or the Mayor Pro Tem shall preside as acting recorder with the same power that is vested in the recorder. ARTICLE VIII. PENALTIES AND PROCEDURES ON ARREST Section 8-1. Authority to arrest, confine persons arrested. The Chief of Police and all policemen of the City and the detective force shall be fully authorized and empowered to arrest any person within the corporate limits of the City charged with an offense against its laws and ordinances and to imprison and confine such persons arrested by them in the city jail or guardhouse, or in the jail of Walker County until trial, or to admit them to bail as provided in this charter. Section 8-2. Territorial scope of power to arrest. The Chief of Police and policemen shall be authorized to arrest anywhere within the limits of this state any person charged with a violation of the laws and ordinances of the City upon a warrant from the proper officer of said City authorized to issue the same. Section 8-3. Arrest for violation of city laws, ordinances. In no case, except as herein otherwise provided, shall the Chief of Police or any policeman of the City make any arrest of any person charged with a violation of any of the laws and ordinances of said City without first having procured from the Mayor, Mayor Pro Tem or Recorder of said City (each of them being hereby authorized and empowered

Page 4077

to issue warrants for the apprehension and arrest of persons charged with violating any of the laws and ordinances of said City), a warrant for the arrest of such persons, unless the offense or violation is committed in the presence of such arresting officer, or the offender is attempting to escape, in which event said officer may arrest and detain such person until a proper warrant can be secured authorizing the offender's further detention. Section 8-4. Arrest for violation in presence of officer. It shall be the duty of the Chief of Police and policemen of the City to arrest any person violating any of the laws of this state in their presence and to immediately carry such persons before a magistrate and see that a proper warrant is sworn out. Section 8-5. Authority to arrest without warrant. (a) Loiterers, loafers. The Chief of Police and policemen of the City shall have the right and authority to arrest without warrant, any person idling, loitering or loafing upon the streets, sidewalks, alleys, lanes, parks, squares or any other public place in said City, and to imprison such person in the city jail or guardhouse or to admit him to bail for appearance for trial for such offense before the recorders court. (b) Suspicious persons. Said Chief of Police and policemen are also empowered and authorized to arrest without warrant and detain for a reasonable length of time, any person who may be acting suspiciously in said City, or whom said officers may suspect of having evil design against some person or property in said City or the laws and ordinances thereof. (c) Excaped convicts, fugitives. Said Chief of Police and policemen are also empowered and authorized to arrest and detain without warrant, any person who may be an escaped convict of the state or any municipality thereof, or who may have escaped arrest from county or state authorities or from any municipality thereof, for any offense committed therein. (d) Authority under state law. Said officers may arrest without warrant in all cases, where authority is given to

Page 4078

arresting officers of this state by the laws of Georgia, for making arrests without a warrant. Section 8-6. Service of summons in lieu of arrest. Upon information that an offense against the City's laws and ordinances has been committed, and said violation has not been committed in the presence of a police officer of the city, but said police officer is satisfied that the person charged with such offense is not likely to leave the City to escape arrest under a warrant, he shall give said person a written summons to appear before the recorders court at its next regular session to answer such charge. Section 8-7. Failure to obey summons. If the persons served with a summons as provided in section 8-6 refuses to obey such summons, he shall be deemed in contempt of the recorders court and shall be punished accordingly. Section 8-8. Use of warrant to prevent accused from leaving city. If a police officer of the City has reason to believe that an accused person will leave the City and not obey a summons served as provided in section 8-6, said officer shall obtain a warrant from the proper officers of the City for the arrest of said person, and imprison said person until a trial is had before the recorders court, the accused is admitted to bail for his appearance before the recorders court at its next regular session to answer the charge against him. Section 8-9. Arrest for violation of state laws. It shall be the duty of all police officers in all cases where they know that state laws are being violated in the city, to apply to the nearest magistrate for a warrant for such person and have the same executed. Section 8-10. Authority to execute warrants for violation of state laws. The Chief of Police and policemen of the City shall be authorized to the same extent as sheriffs of this state to execute warrants placed in their hands charging any person with a violation of any of the criminal laws of this state.

Page 4079

Section 8-11. Authority to break and enter to effect arrest. The Chief of Police and policemen of the City shall have the right and authority, upon proper warrants, to break and enter any house or place in said City where they or either of them, may have reason to suspect that any of the laws and ordinances of the City are being violated, and to arrest the persons therein and imprison or admit them to bail as herein provided in cases of arrest. Section 8-12. Authorizing police to summon assistance. The Mayor and Council of the City shall have the power and authority to authorize by ordinance any policeman of said City to summon any and all bystanders to aid in the arrest of any person violating any ordinance of said City or any law of this state, and to provide punishment for any person failing or refusing to obey such summons. ARTICLE IX. REGISTRATION OF VOTERS. Section 9-1. System for registration of voters adopted. A system for the registration of voters is hereby established for the City. Section 9-2. Scope of registration provisions. No person shall be allowed to vote in any election of any kind held in the City without having first registered in accordance with the provisions of this article and of such ordinances or regulations as may be adopted hereunder; and the Mayor and Council are hereby empowered to adopt such ordinances and regulations as may be deemed proper to carry out the purposes of this article. Section 9-3. Qualifications of applicant for registration. Any voter registering under the provisions of this article shall be a qualified voter as long as he remains a citizen of the City of Rossville or owns property in the City in his own name and his name appears on the tax digest, pays all taxes required of him by said City and by the State of Georgia, and is otherwise qualified to register in any general election in the State of Georgia.

Page 4080

Section 9-4. Forms for registration; contents, execution. The Clerk of Council, or other registering officer appointed by the Mayor and Council in the event of the sickness or absence of the Clerk, shall procure a registration book to be subscribed by persons entitled to register in the City. Section 9-5. Oath of registrant. The Clerk of Council or other registering officer appointed for the purpose shall require an applicant for registration to take the following oath before him: I do solemnly swear that I am a citizen of the United States; that I am at least eighteen (18) years of age, and am qualified by citizenship, residence and constitutional qualifications to vote for members of the General Assembly of Georgia in the County of Walker, and that I will have resided in the City of Rossville for not less than 12 months next preceding this registration, or by the vote of the next city election if still a resident of this City I will have fulfilled these conditions; or that I own property in the City, and my name appears on the tax digest as the owner of said property; that it is my intention to remain a resident of this City until the day of election; that I have paid all taxes due to the City of Rossville; and that I have made all returns required of me by the ordinances of this City, so help me God. When an applicant for registration is so sworn, a minute of that fact shall be entered opposite his name on the registration book. Section 9-6. Actions of registrars to be public. All actions of the City Council in revising the lists of voters registered in the City shall be done in public, in the Council chambers of the City. Section 9-7. Time for opening, closing registration list. The Clerk of Council or in case of his sickness or absence, the officer of the City duly appointed by the Mayor and Council for that purpose, shall open at the Clerk's Office, or at such other place as may be designated by the Mayor and Council, notice of such change being given by newspaper publication, thirty (30) days prior to each election, a book for the registration of voters, which book shall be kept open from 9:00 a.m. until 5:00 p.m. each and every day, Sunday

Page 4081

excepted, for a period of twenty (20) days, when it shall be finally and absolutely closed at 5:00 p.m. on the twentieth day. Provided, that in any special election to fill a vacancy, said registration book shall be opened on the date calling such election and remain open until ten days before the date of holding said election. In such special election to fill vacancies none shall be required to register except those becoming qualified to register since the last annual election. Section 9-8. Registration of absent persons. Any qualified voter, who by reason of physical disability or prolonged absence from the City, is unable to apply in person for registration, may make an affidavit before some officer authorized by law to administer same, stating the age, occupation, residence and cause of disability of such applicant, and when the Clerk or other registering officer shall receive such affidavit during the time in which the lists are open, it shall be his duty to enter the name of the applicant upon the register. Section 9-9. Duty to prove right to register. No person unknown to the Clerk of Council or other registering officer appointed for the purpose, shall be allowed to register until he produces evidence of his residence in the City or that he owns property in the City and his right to register. Section 9-10. Preparation, revision, certification of registration lists. In making a voters' registration list, and in revising such list, the City Council shall examine the grounds for disqualification of voters, including criminal records, insolvent tax list, tax digests, tax execution dockets and tax executions. They shall leave no one on said list who is not entitled to register, and shall strike no name from said list who is entitled to register and vote. After such City Council have fully completed their work in revising the registration list, they shall have two (2) identical alphabetical lists made, giving the name, and residence of each voter, and shall certify to the correctness of each list and date and sign the same officially. Section 9-11. Revision of lists to exclude disqualified persons. In order to guide the City Council in the discharge

Page 4082

of their duties, they shall obtain from the proper authorities the list of disqualified voters for that year, as now or may be hereafter provided for by state law, and in addition thereto, the City Council is hereby empowered and directed to prepare a list of all those who are disqualified to vote by reason of the nonpayment of City taxes since the adoption of the present Constitution of the State, and shall also provide for a revision of said list from year to year. The registering officer shall refuse to register any person whose name appears on either of these lists unless such person shall furnish satisfactory evidence that his disqualification has been removed. Section 9-12. Registrar to hear complaints. Five (5) days prior to the date of any election for any purpose, held in and for the City, the Clerk of Council shall turn over to the City Council the list of registered voters, and said City Council shall appoint a time when they, in open session in the council chamber, will hear all complaints. When a complaint is made that any voter has registered who is not entitled by law to do so, he shall have three (3) days' personal notice, if in the City, or if not in the City, then three (3) days' notice by leaving a copy at his residence, of the time and place of hearing and of the grounds of challenge, and the City Council shall sit as a court to review said case, and may subpoena witnesses, hear evidence, and determine whether in law such names should remain or be stricken. They shall also hear all complaints of any one who has been refused registration, hear evidence, and determine whether such applicants should be allowed to register. Said City Council shall review the registration list turned over to them, but any voter to be affected must be notified and have an opportunity to be heard as herein provided. Section 9-13. Delivery of Voters' List to Clerk of Council. The City Council shall file one copy of the revised voters' list with the Clerk of Council for the inspection of all parties concerned. The other copy they shall securely seal, plainly mark and sign on the outside, and deliver to the Clerk of Council, to be by him kept unopened until the day

Page 4083

of election, and then handed to the managers of said election. Section 9-14. Custody of voters' lists. At the same time the City Council deliver the voters' lists to the Clerk of Council, they shall return to said Clerk the original list entries of the persons registering and their oaths, and all of these lists shall remain in the office of said Clerk at all times during office hours, subject to the inspection of any parties in interest. Section 9-15. List of registered voters to be kept by City Clerk. The list of registered voters, prepared and purged as herein provided, shall be kept and retained on file in the office of the Clerk, of the Mayor and Council of the City, until the same has been superseded by a new list, also prepared and purged as provided herein, at which time the superseded list may be destroyed. Section 9-16. Violations by registrants. Any person who shall register illegally under this article or be guilty of a violation of Section 34-1901 and 34-1902 of the State Election Code pertaining to false statements and false registration, in registering under this article, shall be guilty of a misdemeanor, and on conviction shall be punished therefor. Section 9-17. Violations by clerk of council, registrars. Should the Clerk of Council or registrars, wilfully refuse to permit any person to register who is entitled to do so under this article, or fail to enter the name of any such person upon the book to be kept for that purpose, or should illegally erase the name of any such person from such book, or the lists prepared for holding such election, or shall wilfully enter the name of any person on such lists who is not entitled to register, then such clerk or register so violating shall be guilty of a misdemeanor, and on conviction thereof shall be punished as such. ARTICLE X. ELECTIONS Section 10-1. Division of city into wards. For the purpose of electing the four (4) councilmen of the city, the

Page 4084

city is hereby divided into four (4) wards, which shall be composed of the following territory: First Ward: Shall include all that territory south of the Tennessee-Georgia state line, and west of Chickamauga avenue and McFarland avenue, and as far south as Oak street and McFarland avenue, and Cherry street, and as far west as the corporation limits. Second Ward: Shall include all that territory south of Oak and Cherry streets, and all west along McFarland avenue to the corporation limits on the west and south. Third Ward: Shall include all that territory on the east side of McFarland avenue and south of Lake avenue, and shall go as far east as the Leinbach road, and shall extend as far south to the corporation limit. Fourth Ward: Shall include all that territory on the east side of Chickamauga and McFarland avenues, and north of Lake avenue, and from Lake avenue shall run south along the Leinbach road to the corporation limit; thence east along the corporation limit to the South Crest Road; thence north along the South Crest Road to the Tennessee-Georgia state line; thence west along the Tennessee-Georgia state line to Chickamauga avenue. Section 10-2. Selection of councilmen by wards. One councilman shall be elected from each of the four (4) wards described in section 10-1. Section 10-3. Councilmen, mayor to be elected by voters of entire city. All councilmen, the mayor, the tax assessors, and the city recorder shall be elected by the voters of the entire city. Section 10-4. Residence requirements of candidates for councilman, mayor, tax assessor and city recorder. In order to be eligible to be elected as a councilman from a ward, the candidate therefor must be a resident of such ward on the date he qualifies to run for office, and at the time of election thereto. In order to be eligible or to be elected mayor,

Page 4085

tax assessor or city recorder, the candidates therefor may reside in any ward. All candidates must be property owners and must be twenty-five (25) years of age. Section 10-5. Time of election of mayor, councilmen, tax assessors and city recorder. The mayor, councilmen, tax assessor and city recorder shall be elected on the first Saturday in December, 1970, and on such day every four (4) years. Section 10-6. Election managersSelection. Five (5) days prior to any election the mayor and council shall name as election manager one (1) qualified voter of the City of Rossville; but no person who is a candidate for any office in the city, or who is at the time of said election an office-holder of said city, shall act as manager or clerk thereof. Section 10-7. SameUse of certified voters' list. The election managers, when organized and ready for receiving votes at any election held in the city, shall receive from the clerk of council the official registration list that has been certified by the registrars as the correct list of voters qualified to vote in said election, sealed as provided in section 9-13, and shall break the seal and use said list in said election, and shall not permit any person to vote whose name is not on said list. Said managers shall plainly mark or check each name on such list as voted. Section 10-8. Designation of polling places. The mayor and council of the city shall designate the polling places for the conduct of elections in the city. Section 10-9. Hours for opening, closing polls. The polls for the holding of all elections in and for the city shall open at 7:00 a.m. and remain open until 7:00 p.m. by the time in common use in said city. Section 10-10. Challenge of voters. When any voter is challenged, that fact shall be so written opposite his name on the lists and also on his ballot, and he shall be required to take the following oath:

Page 4086

I do solemnly swear that I am a citizen of the United States and of the State of Georgia; that I have attained the age of eighteen (18) years, and resided in the State for one (1) year, in the County of Walker and in the City of Rossville for not less than six (6) months next preceding the election; or that I own property in the city and that my name appears on the tax digest as the owner of the said property; that I have paid all the taxes which, since the adoption of the present Constitution of the State, have been required of me, and which I have had opportunity to pay agreeable to law, except for the year in which this election is held, and that I have not voted before at this election, so help me God. Any voter who shall refuse to take the oath when challenged shall have his ballot rejected. Section 10-11. Custody, disposition of ballots cast. After any election held in the city, all ballots cast in said election shall be deposited in the ballot box, carefully sealed and turned over to the clerk of council for safekeeping. Said clerk in turn shall deposit the same in the vault of the city without opening it until the first regular meeting of the mayor and council held thirty (30) days after said election, when, in the event of no contest having been filed as to the results of said election, the ballots shall be destroyed by them. Section 10-12. Preservation of tally sheets, voting list. After any election held in the city, the voting list and tally sheets shall be returned to the clerk of council, and shall be preserved by him in the city records. Section 10-13. Certification of election results. The managers of any election held in the city shall certify the results thereof within twenty-four (24) hours to the mayor and council by their certificates which they shall deliver to the clerk of council who shall record said certificate on the minutes or other book kept for that purpose, and said records shall be the evidence of the results of said election. Section 10-14. Declaration of election results. The mayor

Page 4087

and council, shall, at their first meeting after an election, receive said returns from the election manager and declare the result of the election in accordance with the certificate of the managers, those receiving the highest number of votes being declared elected, or the question voted upon being declared carried or not carried, as the case may be; the resolution of the council declaring the results of the election, together with the certificate of the manager, shall be entered on the minutes of the council; provided, however, that any two (2) councilmen or one (1) councilman and the mayor, shall have authority to declare the result of said election in the event a majority of said body should be disqualified. Section 10-15. Absentee voting regulated. (a) Absentee elector defined. The term absentee elector as used herein, shall mean, unless otherwise clearly apparent from the context, an elector of the State of Georgia and City of Rossville, who is required to be absent from the city during the time of a municipal primary or election in which he desires to vote, or who, because of physical disability will be unable to be present at the polls on the day of such municipal primary or election. (b) Right to vote. An absentee elector shall be permitted to vote in any municipal primary or election, provided he is not disqualified, from voting for reasons other than inability to be present at the polls because of absence from the city during the time of such primary or election or because of physical disability, and provided further, that the right of such absentee elector to vote in such primary or election shall be governed by the provisions of the Georgia Election Code pertaining to absentee voting, being Chapter 34-14 of the Code of Georgia except those provisions which by their nature can have no application, and by the provisions of any other laws of the state pertaining thereto. Section 10-16. Police to preserve peace and order at polls. To preserve peace and good order at the polls, so that every voter may have an unobstructed opportunity of casting his ballot, or so the secrecy of the same may be maintained,

Page 4088

it shall be the duty of the municipal authorities to furnish a sufficient number of police to secure that end. Section 10-17. Unlawful approach to polls. At any election held in the city no person shall be permitted within two hundred fifty (250) feet of any polling place, except voters approaching the polls for the purpose of voting, the election managers and clerks, county or municipal officers called in by the managers to preserve order, and persons passing along the highways on their business. Section 10-8. Accompanying voter to polls. It shall be unlawful for any person to lead or carry a voter to the polls, or to accompany or follow him, either to influence his vote, or to see how he votes, or to see that he votes in any particular way. Section 10-19. Electioneering. It shall be unlawful for any person to electioneer, or in any way to influence or try to influence any voter, or to speak to him on any subject of voting within two hundred fifty (250) feet of the voting place. The provisions of this section shall not apply to the managers of the polls in the discharge of their duties as such; provided they do not electioneer or try to influence any voter in any particular way. Section 10-20. Penalties for unlawful conduct at polls. Any person or persons who shall in any manner violate either or any of the provisions of Section 10-17 through 10-19 shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed by law in cases of misdemeanor. Section 10-21. Violations and penalties. The violations set forth in Chapter 34-19 of the Code of Georgia of 1933, as amended, being part of the Georgia Election Code, when committed in any city primary or election, shall constitute violations of this article; excepting therefor, however, those violations and penalties which by their nature have no application; and excepting further, that the maximum penalties which may be imposed therefor shall be the penalties prescribed in section 7-7 of this charter.

Page 4089

ARTICLE XI. RECALL OF ELECTIVE OFFICERS Section 11-1. Scope of article provisions. Any elective officer of the city shall be subject to recall and removal from office by the qualified voters of the city, and the procedure to effect such removal shall be as provided in this article. Section 11-2. Recall election prohibited at certain times. No recall petition shall be filed against any officer of the city within six (6) months after his election, nor within six (6) months after an election for such officer's recall. Section 11-3. Petition for recall; execution, filing. A petition demanding that the question of removing an elective officer or officers be submitted to the voters, shall be filed with the person discharging the duties of city clerk. Such petition for the recall of any such elective officer or officers shall be signed by at least thirty-three per cent (33%) of the qualified voters as determined by the last registration list as used in the last election, at least fifty per cent (50%) of whom shall certify that at the election at which the officer or officers was or were elected, they voted for the election of such officer or officers proposed to be recalled. Section 11-4. Issuance of petitions for signatures. Petitions for signatures for recall of an elective officer shall be procured only from the person exercising the duties of city clerk, who shall keep a sufficient number of such blank petitions on file for distribution; prior to the issuance of such petitions for signature there shall be filed with such person an affidavit by one or more qualified voters, stating the name or names of the officer or officers sought to be removed, and that issuance of such petition or petitions are desired. Section 11-5. Record of petitions for removal issued. The officer issuing petitions for removal of an elective officer shall enter, in a record to be kept, the name of the voter to whom issued, the date of such issuance and the number of such petition, issued, and shall certify on such petitions

Page 4090

for signatures the name of the voter to whom issued and the date of its issuance. Section 11-6. Prerequisites to accepting petition for signatures. No petition for signatures shall be accepted and taken into consideration in determining the necessary percentage of voters for removal unless it bears the certificate provided in section 11-3 and be filed as herein provided. Section 11-7. Identification of signer of recall petition. Each signer of a recall petition shall sign his name thereto and shall write thereon, after his name, his place of residence in the city, by street and number. Section 11-8. Affidavit of circulation to accompany recall petition. To each petition for recall there shall be attached an affidavit of the circulation thereof, stating the number of signers to such part of the petition and that each signature to the same is genuine, was made in his presence, and is that of a person whose name it purports to be. Section 11-9. Filing of recall petition, notice thereof. All papers comprising a recall petition shall be returned and filed with the city clerk, within thirty (30) days after the filing of the affidavit hereinbefore provided for. Upon the return of such petition, the person exercising the duties of the city clerk shall at once submit the same to the governing authority of the city, and shall notify the officer or officer's sought to be recalled of such action. Section 11-10. Fixing date for recall election. If the official whose removal is sought does not resign within five (5) days after the notice provided for in section 11-9 is given, the governing authority of the city shall thereupon order and fix a day for holding a recall election, the date of which election shall not be less than fifteen (15) nor more than thirty (30) days from the time the petition for recall was presented to the governing authority of the city. Section 11-11. Form, content of ballot. The ballot in a recall election shall conform to the following requirements:

Page 4091

With respect to each person whose removal is sought the question shall be submitted Shall (name of person) be removed from the office of (name office) by recall? Immediately following each of such questions there shall be printed on the ballots, in separate lines, in the sequence here set out the words: For the recall of (naming person), against the recall of (naming person). Section 11-12. Effect of recall election. Should a majority of the votes cast at a recall election be for the recall of the officer named on the ballot, he shall be deemed removed from office, regardless of any defects in the recall petition; but should a majority of the votes cast at such recall election be against the recall of the officer named on the ballot, such officer shall continue in office for the remainder of his term, subject to recall as herein provided. Section 11-13. Effect of election recalling less than all elective officers. If in a recall election there shall remain, as a result of such election, one or more of such elective officers who is not recalled, then such officers or officer not recalled shall discharge all of the duties incumbent upon the governing authority of the city until the vacancy or vacancies created at such recall elections are filled by an election for that purpose as hereinafter provided for. Section 11-14. Election to fill vacancies created by recall. If at any recall election it is not proposed and submitted to recall all of the elective officers, but any one or more, fewer than all, and such election shall result in favor of the recall of one or more of such officers, proposed to be recalled, the governing authority of the city, within five (5) days after the result of such election has been certified by the mayor thereof, shall meet and on the same day order an election to fill such vacancy or vacancies, which election shall be held not less than ten (10) days nor more than twenty (20) days after the same has been ordered. Section 11-15. Conduct of election to recall all elective officers. If in any proposed recall election it is proposed

Page 4092

and submitted to recall all elective officers, then there shall be placed on said ballot under the question of recall the names of candidates to fill the vacancies proposed to be created by such election, in which event, however, the name of such officers proposed to be recalled shall not appear on the ballot as candidates. Section 11-16. Authority of Ordinary of Walker County. In the event the governing authority of the city shall fail or refuse to receive the recall petition, order such recall election, or discharge any other duties with reference to such recall, or in the event of the failure of the city clerk to discharge the duties herein provided to be discharged by him, the Ordinary of Walker County, Georgia, shall discharge any of such duties herein provided to be discharged by the governing authority of said city, or any of the duties herein provided to be discharged by the city clerk. ARTICLE XII. INITIATIVE AND REFERENDUM Section 12-1. Submission of ordinance, resolution. Any ordinance proposed by the voters of the City may be submitted to the Mayor and Council for adoption, and any ordinance or resolution passed by the Mayor and Council may be submitted to the people for repeal. Section 12-2. Filing ordinance, resolution; referring committee constituted. An ordinance or resolution proposed to be adopted or repealed shall be set out in a written or printed instrument which shall be filed with the City Clerk, and at the time of the filing of such written or printed instrument, there shall be filed a statement signed by not less than five (5) qualified voters of the City, stating that they have proposed such ordinance or resolution for adoption or repeal, and such voters shall be regarded as the initiating or referring committee, as the case may be, for the purpose herein provided. Section 12-3. Petition for adoption or repeal; execution contents. Before any ordinance or resolution may be submitted to the Mayor and Council for adoption or repeal, it

Page 4093

shall be necessary that petition signed by not less than twenty-five per cent (25%) of the qualified voters within the City, determined by the registration list as used in the next preceding election, shall be presented to the Mayor and Council, referring to such ordinance or resolution and requesting its adoption or repeal, as the case may be. All such petitions circulated for signatures shall be uniform in character and shall have attached to the same an exact written or printed copy of the proposed ordinance or resolution sought to be adopted or repealed. Section 12-4. Signatures on petition for adoption or repeal. Each signer of a petition described in section 12-3 shall place on the same, following his name, his place of residence by street and number. The signatures of any such petition need not all be attached to the same paper, but to each paper there shall be attached an affidavit, by the circulator thereof, stating the number of signers to such part of the petition, that each signature is genuine, that of the person whose name it purports to be, and that it was made in the presence of one affiant. Section 12-5. Hearing on petition for adoption or repeal. When signatures have been obtained in the number provided for in section 12-3, and the petition and statement have been filed with the City Clerk, such officer shall submit all papers pertaining to such ordinance or resolution, and its proposed initiation or reference, to the Mayor and Council at its next regular meeting and such officers shall mail to each of the members of each initiating or referring committee a notice of the time of the next regular meeting of the Mayor and Council when such ordinance or resolution and its adoption or repeal shall be considered, or a time there set by such Mayor and Council for its consideration, which hearing and consideration shall be open to the public, and the public shall be permitted to present arguments for or against such proposed ordinance or resolution. Section 12-6. Action by mayor and council on petition for adoption or repeal. After presentation of a petition and public hearing as provided in section 12-5, the Mayor and Council shall within thirty (30) days from the date of the

Page 4094

submission of such petition take final action upon the same, by either adopting or rejecting the ordinance thus initiated by petition, or by either repealing or refusing to repeal the ordinance or resolution thus sought to be repealed, and in either event, the action of the Mayor and Council shall be noted in its minutes. Section 12-7. Authority to require submission of ordinance, resolution to voters. If the Mayor and Council refuses to pass or repeal a proposed ordinance or resolution or passes the same in an amended form from that presented in the petition filed pursuant to this article, or repeals only a part of such ordinance or resolution instead of repealing the same in the manner set out in such petition of reference, then in either event, such initiating committee or such referring committee may require that such ordinance or resolution, either in its original or amended form, be submitted to a vote of the voters for adoption or repeal as the case may be. Section 12-8. Certification of desire to submit ordinance, resolution to voters. When an ordinance or resolution proposed by petition is to be submitted to a vote of the voters for adoption or repeal, after the Mayor and Council have acted upon the same, as provided in section 12-7, then such initiating or referring committee, as the case may be, upon a majority vote of such committee shall certify their desire to have the same submitted for adoption or repeal, within twenty (20) days after the Mayor and Council shall have taken action of the same, and shall file such certificate and statement with the City Clerk. Section 12-9. Time of election for adoption, repeal. After receipt of the certificate provided for in section 12-8 and the certified copy of the proposed ordinance or resolution, the City Clerk shall present such certificate and certified copy of the proposed ordinance or resolution to the Mayor and Council at its next regular meeting. If any election is to be held at a date not more than ninety (90) days nor less than ten (10) days after such meeting of the Mayor and Council, then such ordinance or resolution proposed for adoption or repeal shall be submitted by the Mayor and

Page 4095

Council to a vote of the voters at such election to be held, but if no such election is to be held within such time, then the Mayor and Council shall provide for submitting such proposed ordinance or resolution, for adoption or rejection, to the voters at a special election to be held not less than twenty (20) nor more than forty (40) days thereafter. Section 12-10. Form of ballot for adoption of initiated ordinance. The form of ballot for use in an election held for the adoption of any initiated ordinance shall state the title of the ordinance and contain a succinct statement of its nature and purpose and below such statement, on separate lines, there shall be printed the words: For the ordinance, against the ordinance. Section 12-11. Approval of initiated ordinance by voters. If a majority of the voters voting in an election for the adoption of an initiated ordinance shall vote in favor thereof, it shall thereupon become an ordinance of the City. Section 12-12. Form of ballot for repeal of referred ordinance or resolution. The form of ballot for use in an election held for the repeal of any referred ordinance or resolution shall state the title of the ordinance or resolution and contain a succinct statement of the nature and purpose of the ordinance or resolution sought to be repealed, and below such statement in separate lines, there shall be printed the words: For the repeal of the ordinance (or resolution), Against the repeal of the ordinance (or resolution). Section 12-13. Approval by voters of repeal of referred ordinance or resolution. If a majority of the voters voting in an election for the repeal of any referred ordinance or resolution shall vote in favor of the repeal of such ordinance or resolution, then the same shall be considered as repealed. Section 12-14. Applicability of article to franchise elections. Nothing contained in this article shall affect the manner of calling elections to determine whether or not franchises shall be granted.

Page 4096

ARTICLE XIII. DIRECTORY AND TRANSISTORY PROVISIONS Section 13-1. Succession to rights, privileges, remedies, debts, liabilities. The City of Rossville, as continued by this Act, shall succeed to all the rights, privileges and remedies of, and is hereby made responsible as a body corporate for all the legal debts, liabilities and undertakings for the present City of Rossville, and its former governing authorities as heretofore incorporated. Section 13-2. Preservation of ordinances and resolutions. All ordinances and resolutions in force at the time of the taking effect of this Act, not inconsistent with its provisions, shall continue in force until amended or repealed. Section 13-3. Preservation of existing officers, salaries, fees, licenses, special taxes. Nothing in this Act shall affect the present officers of the city or their fees or salaries, or the licenses and special taxes on the tax rate fixed by the ordinances of said city for the years, 1969 and 1970. Section 13-4. Severability. If any provision of this Act shall be held to be unconstitutional or invalid for any reason, such provision only shall be invalid, and all other parts of this Act shall not be affected thereby but shall remain in full force and effect. Section 14. Referendum. The question of whether this Act shall become effective shall be submitted to the qualified voters within the corporate limits of Rossville. Within twenty days after the passage of this Act, it shall be the duty of the governing authority of the City of Rossville to issue a call for a special election by the qualified voters within the corporate limits of Rossville, said election to be held in not less than fifty nor more than sixty days after the issuance of the call. The ballots shall have printed thereon the words: For an Act to create and establish a new charter for the City of Rossville, and to repeal the present charter, and all amendments thereto.

Page 4097

Against an Act to create and establish a new charter for the City of Rossville, and to repeal the present charter, and all amendments thereto. If a majority of the qualified voters voting in said election shall vote for the Act, the governing authority shall so certify, and the Act shall become effective on January 1, 1971. If a majority of the voters voting in said elections shall vote against the Act, the governing authority shall so certify and the Act shall not become effective. Section 15-1. Specific repealer. An Act creating a new charter for the City of Rossville, in the County of Walker, approved August 24, 1905, and all amendments thereto, is hereby repealed. Section 15-2. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular session of the General Assembly, 1969, a bill to create a new charter for the City of Rossville, Georgia, to repeal existing charter, and all amendments thereto, to call for a referendum of the voters of said city to approve or disapprove the new charter, and to make the new charter become effective January 1, 1971. This 23rd day of December, 1968. William B. Woods City Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of notice of intention to introduce local legislation was published in the Walker County Messenger which is the official organ

Page 4098

of Walker County, on the following dates: January 1, 8, 15, 1969. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 22nd day of January, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. Approved April 30, 1969. CITY OF FAIRBURNCORPORATE LIMITS, REFERENDUMS. No. 714 (House Bill No. 355). An Act to amend an Act to create and incorporate the City of Fairburn in the County of Fulton and grant a charter to that municipality under that name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said city, and to declare the rights, powers, privileges and liabilities of said corporation, etc., approved August 3, 1925 (Ga. L. 1925, pp. 1025-1048), and the several Acts amendatory thereof; to provide for a referendum for annexation of property to be held within six (6) months after passage of this amendment; to provide for reasonable rules and regulations governing said referendum; to provide for a repeal of all laws that are in conflict with the charter and the several acts amendatory to the charter and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act set forth in the caption to this Act be and the same is hereby further amended, as follows:

Page 4099

Section 1. Subject to the election hereinafter provided for in this Act, an Act establishing a new charter for the City of Fairburn, Georgia, approved August 3, 1925 (Ga. L. 1925, pp. 1025-1048) is hereby amended by extending the city limits of the City of Fairburn, Georgia, to embrace the territory and the inhabitants of the following described area: Beginning at the intersection of the present city limits boundary of the City of Fairburn, Georgia with the west right of way line of the Atlanta and West Point Railroad; running thence southwest along said right of way to the south side of Bohannon Road; running thence southwest and southeast along the southwest right of way of said Bohannon Road to a point formed by the projection of the south property line of property owned by W. E. Dickey with the southwest right of way of Bohannon Road; running thence east across Bohannon Road and east along the south property line of W. E. Dickey to the junction of said property line of W. E. Dickey and the west boundary of the lake owned by the City of Fairburn, Georgia; running thence south, southeast, southwest, and west and southeast along the boundary of said lake to the junction of said lake boundary with the west property line of property owned by Equity Shares, Inc.; running thence south along the west property line of Equity Shares, Inc., to the northwest right of way of Interstate Highway I-85; running thence northeast along the northwest right of way of said Interstate Highway I-85 to the east right of way of Senoia Road; running thence north, northwest along the east right of way of said Senoia Road to the south property line of Lewis M. Hobgood; running thence west along the south property line of Lewis M. Hobgood to the west property line of said Lewis M. Hobgood; running thence north along the west property line of said Lewis M. Hobgood to the intersection of the West property line of said Lewis M. Hopgood with the present city limits boundary of the City of Fairburn, Georgia. Corporate Limits. Section 2. Subject to the election hereinafter provided for in this Act, an Act establishing a new charter for the City of Fairburn, Georgia, approved August 3, 1925 (Ga. L. 1925, pp. 1025-1048) is hereby amended by extending the

Page 4100

city limits of the City of Fairburn, Georgia, to embrace the territory and the inhabitants of the following described area: Beginning at the intersection of the present city limits boundary of the City of Fairburn, Georgia, with the east land lot line of Land Lot 74 of the 9th District of Fulton County; running thence north along the east land lot line of said Land Lot 74 to the East land lot line of Land Lot 89 of said district and county; running thence north along the east land lot line of said Land Lot 89 to the north property line of the property of Jessie K. Lassiter; running thence west along the property lines of Jessie K. Lassiter, Paul Jones and C. R. Jones (each line being the continuance of the other line) to the west land lot line of said Land Lot 89; running thence south along the west land lot line of said Land Lot 89 to the west line of Land Lot 74 of said district and county; running thence south along the west land lot line of said Land Lot 74 to the intersection formed by the west land lot line of said Land Lot 74 with the present city limits boundary of the City of Fairburn, Georgia. Corporate Limits. Section 3. Not less than thirty days nor more than six months after the date of the approval of this Act by the Governor, or it otherwise becomes law, it shall be the duty of the mayor and council of the City of Fairburn to issue the call for a special election for the purpose of submitting the foregoing section 1 of this Act for approval or rejection by those owning property in the respective geographical area described in said section 1 of this Act. The mayor and council shall set the date for such election for a day not less than thirty (30) days nor more than ninety (90) days after the date of the issuance of the call. The mayor and council shall cause the date and the purpose of the election to be published once a week for two weeks immediately preceding the date threof in the official gazette of Fulton County. Referendum. Section 4. Not less than thirty days nor more than six months after the date of the approval of this Act by the Governor, or it otherwise becomes law, it shall be the duty of the mayor and Council of the City of Fairburn to issue the call for a special election for the purpose of submitting

Page 4101

the foregoing section 2 of this Act for approval or rejection by those owning property in the respective geographical area described in said section 2 of this Act. The mayor and council shall set the date for such election for a day not less than thirty (30) days nor more than ninety (90) days after the date of the issuance of the call. The mayor and council shall cause the date and the purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official gazette of Fulton County. Referendum. Section 5. All persons who are eligible, and who desire to vote in favor of section 1 of this Act shall vote for approval, and those persons desiring to vote for rejection of said section 1 of this Act shall vote against approval. If a majority of the votes cast on such question are for approval of said section 1 of this Act it shall become of full force and effect as 12:01 a.m. on the day following the day on which said election was held. If a majority of the votes cast on such question are against approval of said section 1 of the Act, said section 1 shall be void and of no force and effect. Same. Section 6. All persons who are eligible, and who desire to vote in favor of section 2 of this Act shall vote for approval, and those persons desiring to vote for rejection of said section 2 of this Act shall vote against approval. If a majority of the votes cast on such question are for approval of said section 2 of this Act it shall become of full force and effect as of 12:01 a.m. on the day following the day on which said election was held. If a majority of the votes cast on such question are against approval of said section 2 of the Act, said section 2 shall be void and of no force and effect. Same. Section 7. The ballots for the elections to be held as provided hereinabove shall be so printed as to plainly indicate the respective geographical area proposed to be annexed to the city, by land lot and district, and shall permit the voter to either vote for approval of extending the corporate limits of said city to include the respective geographical area mentioned in the respective sections of this Act, or to vote against the approval of extending the corporate limits of said City to include the respective geographical area mentioned in the respective Sections of this Act. Ballots.

Page 4102

Section 8. It shall be the duty of the mayor and council to hold and conduct said elections in such manner as will enable those persons in the respective areas mentioned in section 1 and section 2 of this Act to vote who have owned property within the respective areas proposed to be annexed for a period of six (6) months next preceding the date set for such election. In the event the property in the respective areas mentioned in section 1 and section 2 of this Act is owned by a corporation or partnership, the vote of the board of directors or other governing body of such corporation or the vote of a single partner shall be considered as the vote of the property owner. Said corporation or partnership shall be considered a qualified voter if the corporation or partnership has owned the property proposed to be annexed for a period of six (6) months next preceding the date set for such elections. It shall be the duty of the mayor and council to prepare a list of qualified voters of territory proposed to be annexed, and to permit only those named on such list to vote in said elections. Vote, etc. Section 9. It shall not be necessary that both the elections provided for in this Act be held upon the same day. The expense of such elections shall be borne by the City of Fairburn. It shall be the duty of the mayor and council to hold and conduct such elections under the same laws and rules as govern general elections in said city, except as otherwise provided herein. Absentee ballots may be provided in the manner prescribed by the general election laws. It shall be the duty of the mayor and council to canvass the returns and declare the results thereof to the Secretary of State. When election held. Section 10. All laws and parts of laws in conflict herewith are hereby repealed. State of Georgia,County of Fulton. Before me, the undersigned, a notary public, this day personally came Mildred N. Lazenby, who, being first duly sworn, according to law, says that she is the treasurer of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the

Page 4103

annexed is a true copy, was published in said paper on the 13, 20, 27th days of January, 1969. As provided by law. /s/ Mildred N. Lazenby Notice of Intention to Introduce Local Legislation. Notice is hereby given that the City of Fairburn intends to apply for the passage of local legislation at the 1969 Session of the General Assembly of Georgia, convening in January, 1969, to provide for a referendum to extend the city limits of the City of Fairburn and for other purposes. This 10th day of January, 1969. George E. Glaze City Attorney of the City of Fairburn Subscribed and sworn to before me, this 29th day of January, 1969. /s/ Maiodia F. Palmer Notary Public, Georgia, State at Large. My Commission Expires Jan. 19, 1972. (Seal). Approved April 30, 1969. COMPENSATION TO MRS. JESSIE L. RUST. No. 24 (House Resolution No. 9-14). A Resolution. Compensating Mrs. Jessie L. Rust; and for other purposes. Whereas, on April 11, 1968, at approximately 10:05 a.m., Mrs. Jessie L. Rust was driving her 1968 Dodge sedan north on Clairmont Rd., approximately one mile

Page 4104

north of the municipal limits of the City of Decatur; and Whereas, a 1963 Ford truck owned by the State Highway Department and under the control of one of the department's employees was stopped in the right-hand lane of the two northbound lanes of Clairmont Rd., and when Mrs. Rust began to pass the department's truck, the said employee opened the left-hand door of the truck and caused it to hit Mrs. Rust's automobile; and Whereas, the damage to Mrs. Rust's automobile amounted to $96.63, $46.63 which was paid by Mrs. Rust's insurance carrier under her collision coverage, thus leaving a balance due of $50.00; and Whereas, the accident and damage to Mrs. Rust's automobile occurred through no fault or negligence on the part of Mrs. Rust, and it is only just and proper that Mrs. Jessie L. Rust be compensated in the amount of $50.00. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay the sum of $50.00 to Mrs. Jessie L. Rust as compensation for damages as set out above. Said sum shall be in full and complete satisfaction of all claims against the State arising out of said occurrence and shall be paid from funds appropriated to or available to said department. Approved April 25, 1969. COMPENSATION TO JOHN M. McCALL. No. 25 (House Resolution No. 17-37). A Resolution. Compensating Mr. John M. McCall; and for other purposes. Whereas, on October 23, 1968, Mr. John M. McCall and his wife, were traveling in a 1968 Plymouth station wagon approximately four miles south of Hartwell, Georgia, on State Highway No. 29; and

Page 4105

Whereas, Mr. McCall passed a State Highway truck driven by Mr. J. W. Pruitt, an employee with the State Highway Department; and Whereas, as Mr. McCall passed the State Highway truck, gravel fell from the heavily loaded truck, striking the windshield of Mr. McCall's Plymouth, causing damage thereto in the amount of $153.55; and Whereas, the accident occurred through no fault or negligence of Mr. McCall, and it is only just and proper that he be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay the sum of $147.36 to Mr. John M. McCall as compensation as provided above. Said sum shall be in full and complete satisfaction of all claims against the State arising out of said occurrence and shall be paid from funds appropriated to or available to said department. Approved April 25, 1969. COMPENSATION TO MISS LINDA DEANNE MORRIS. No. 26 (House Resolution No. 18-37). A Resolution. Compensating Miss Linda Deanne Morris; and for other purposes. Whereas, on November 12, 1968, Miss Linda Deanne Morris was driving in her 1967 Ford on Broad Street in Gainesville; and Whereas, Mr. William Robert Strickland, an employee of the Georgia State Patrol, was traveling in a 1968 Ford automobile owned by the Georgia State Patrol; and

Page 4106

Whereas, Miss Morris stopped at the intersection of Broad Street and Grove Street; and Whereas, the automovile which Mr. Strickland was driving collided into the rear of the Morris automobile causing damage thereto in the amount of $77.18; and Whereas, the accident occurred through no fault or negligence on the part of Miss Morris, and it is only just and proper that she be compensated for such damages. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Public Safety is hereby authorized and directed to pay the sum of $77.18 to Linda Deanne Morris as compensation as provided above. Said sum shall be in full and complete satisfaction on all claims against the State arising out of said occurrence and shall be paid from funds appropriated to or available to said department. Approved April 25, 1969. COMPENSATION TO JIMMY D. BOND. No. 27 (House Resolution No. 19-37). A Resolution. Compensating Mr. Jimmy D. Bond; and for other purposes. Whereas, on July 16, 1968, Mr. Jimmy D. Bond and his wife were traveling on State Highway No. 106, apapproximately (3) miles northeast of Athens, Georgia, in a 1963 Ford automobile owned by Mr. Bond; and Whereas, as they were passing a mowing machine owned by the State Highway Department and operated by Mr. Howard Phillips in the scope of his employment with the State Highway Department, gravel was thrown from

Page 4107

the mowing machine striking the windshield of Mr. Bond's automobile; and Whereas, the windshield was broken, causing damage to Mr. Bond's automobile in the amount of $140.49; and Whereas, the accident occurred through no fault or negligence on the part of Mr. Bond, and it is only just and proper that he be compensated for such damage. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay the sum of $140.49 to Mr. Jimmy D. Bond as compensation as provided above. Said sum shall be in full and complete satisfaction of all claims against the State arising out of said occurrence and shall be paid from funds appropriated to or available to said department. Approved April 25, 1969. COMPENSATION TO WILLIAM B. JOHNSON. No. 28 (House Resolution No. 20-37). A Resolution. Compensating Mr. William B. Johnson; and for other purposes. Whereas, at approximately 5:20 p.m. on February 2, 1968, Mr. William B. Johnson was traveling in his Dodge automobile on Georgia Highway No. 297, approximately 4.4 miles south of the city limits of Swainsboro, Georgia; and Whereas, at approximately the same time and place, Trooper H. G. Yeomans, Jr., an employee of the Georgia Department of Public Safety, was traveling to the rear of the Johnson vehicle in an automobile owned by said department; and

Page 4108

Whereas, Mr. Johnson slowed down in an attempt to make a left-hand turn off of Georgia Highway No. 297; and Whereas, Trooper Yeomans was traveling too close to the Johnson vehicle and was unable to slow his automobile down so as to avoid colliding with the Johnson vehicle, during the course of the attempt to make said lefthand turn; and Whereas, as a result of the collision, the Johnson vehicle was damaged to an extent of $128.66; and Whereas, the accident occurred through no fault or negligence on the part of Mr. Johnson, and it is only just and propert that he be compensated for such damages. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Public Safety is hereby authorized and directed to pay the sum of $128.66 to Mr. William B. Johnson as compensation as provided above. Said sum shall be in full and complete satisfaction of all claims against the State arising out of said occurrence and shall be paid from funds appropriated to or available to said department. Approved April 25, 1969. COMPENSATION TO JAMES W. MORGENTHALER. No. 29 (House Resolution No. 22-37). A Resolution. Compensating Mr. James W. Morgenthaler; and for other purposes. Whereas, on July 28, 1966, at approximately 9:00 p.m., Mr. James W. Morgenthaler was traveling east on Hill Avenue in Valdosta, Georgia in his 1966 automobile; and

Page 4109

Whereas, just ahead of Mr. Morgenthaler, Mr. Eston Metts, an employee of the State Highway Department, was driving a Dodge truck owned by the State Highway Department; and Whereas, Mr. Metts stopped at a traffic light at the intersection of Hill Avenue and Ashley Streets; and Whereas, Mr. Morgenthaler stopped in the line of traffic in the rear of the truck driven by Mr. Metts; and Mr. Metts, being over the crosswalk, backed said truck into the front of Mr. Morgenthaler's automobile causing damage thereto in the amount of $47.82; and Whereas, said accident occurred through no fault or negligence in any way whatsoever on the part of Mr. Morgenthaler, and it is only just and proper that he be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay the sum of $43.61 to Mr. James W. Morgenthaler as compensation as provided above. Said sum shall be in full and complete satisfaction of all claims against the State arising out of said occurrence and shall be paid from funds appropriated to or available to said department. Approved April 25, 1969. COMPENSATION TO C. F. LEWIS. No. 30 (House Resolution No. 34-45). A Resolution. Compensating Mr. C. F. Lewis; and for other purposes. Whereas, on February 17, 1968, at approximately 3:30 p.m., Mr. C. F. Lewis had parked his 1966 Chevrolet automobile

Page 4110

on a field road just off Georgia 133 west of Greenfield Church Road in Colquitt County, Georgia; and Whereas, a truck owned by the Georgia Forestry Commission and driven by an employee of said commission collided with the Lewis automobile, causing damage to the said automobile in the amount of $209.43; and Whereas, said accident occurred through no fault or negligence on the part of Mr. Lewis and it is only just and proper that he be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia Forestry Commission is hereby authorized and directed to pay the sum of $209.43 to Mr. C. F. Lewis as compensation as provided above. Said sum shall be in full and complete satisfaction of all claims against the State arising out of said occurrence and shall be paid from funds appropriated to or available to said department. Approved April 25, 1969. COMPENSATION TO MRS. FRED RIDER. No. 31 (House Resolution No. 40-71). A Resolution. Compensating Mrs. Fred Rider; and for other purposes. Whereas, on or about January 9, 1968, Mrs. Fred Rider was driving her automobile south on State Rode 17 about one-half mile south of Toccoa, Georgia, when said automobile stalled because of icy road conditions; and Whereas, while said automobile was stalled, a truck belonging to the State Highway Department and being driven by Mr. Fred Waldrup, an employee of said department

Page 4111

failed to stop and slid into the automobile belonging to Mrs. Rider causing damage thereto; and Whereas, Mrs. Rider has not been and cannot be compensated by insurance for such damage; and Whereas, said accident occurred through no fault or negligence whatsoever on the part of Mrs. Rider and it is only just and proper that she be compensated for said damage to said automobile. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and instructed to pay the sum of $56.50 to Mrs. Fred Rider as compensation for damages arising out of the above described occurrence. Said sum shall be paid from the funds appropriated and available to said department and shall be in full and complete satisfaction of all claims against the State of Georgia arising out of said occurrence. Approved April 25, 1969. COMPENSATION TO BILL JONES DODGE CITY, INC. No. 32 (House Resolution No. 52-125). A Resolution. Compensating Bill Jones Dodge City, Inc.; and for other purposes. Whereas, on or about January 25, 1968, an automobile belonging to Bill Jones Dodge City, Inc., was involved in a collision with a motor vehicle belonging to the State Highway Department and operated by John Clayton Hall, an employee thereof; and Whereas, said collision occurred when the State Highway Department vehicle, while passing over an overpass

Page 4112

of the Central of Georgia Railroad, skidded into the lane of traffic occupied by the motor vehicle belonging to Bill Jones Dodge City, Inc., and struck said vehicle head-on; and Whereas, the sum of $1,884.02 was required to be expended in order to repair the damage caused to the motor vehicle of Bill Jones Dodge City, Inc., by said collision. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and instructed to pay the sum of $1,884.02 to Bill Jones Dodge City, Inc., as compensation for the damages arising out of the above described occurrence. Said sum shall be in full and complete satisfaction of any and all claims by Bill Jones Dodge City, Inc., against the State of Georgia arising out of said collision. Said sum shall be paid from the funds oppropriated and available to the State Highway Department. Approved April 25, 1969. COMPENSATION TO HERMAN ROBINSON AND C. O. INNIS. No. 33 (House Resolution No. 53-128). A Resolution. Compensating Mr. Herman Robinson and Mr. C. O. Innis; and for other purposes. Whereas, Mr. Herman Robinson, at approximately 7:10 a.m. on June 18, 1968, was traveling in a 1954 Ford owned jointly by C. O. Innis and himself on Georgia Highway No. 126, approximately 1.6 miles south of Alamo, Georgia; and Whereas, Mr. Robinson gave a left-hand turn signal at the intersection of Georgia Highway No. 126 and Lonnie Blocker Road; and

Page 4113

Whereas, as Mr. Robinson proceeded to turn, Mr. James Perry Yarbrough, an employee of the Georgia State Highway Department, driving a truck owned by said department, attempted to pass another highway truck that was just to the rear of the vehicle which Mr. Robinson was driving, colliding into the left front door, left rear fender and windshield of said vehicle, causing damage thereto in the amount of $282.97; and Whereas, the accident occurred through no fault or negligence on the part of Mr. Robinson or Mr. Innis, and it is only just and proper that they be compensated for such damages. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay the sum of $282.97 to Mr. Herman Robinson and Mr. C. O. Innis as compensation as provided above. Said sum shall be in full and complete satisfaction of all claims against the State arising out of said occurrence and shall be paid from funds appropriated to or available to said department. Approved April 25, 1969. COMPENSATION TO MRS. MINNIE LEE ATKINSON. No. 34 (House Resolution No. 54-128). A Resolution. Compensating Mrs. Minnie Lee Atkinson; and for other purposes. Whereas, Mrs. Minnie Lee Atkinson was driving her 1955 Chevrolet west on Highway 24 in Sandersville, Georgia, September 20, 1967, at approximately 2:05 p.m., when she was stopped by a flagman employed by the State Highway Department; and

Page 4114

Whereas, while Mrs. Atkinson was stopped, a 1965 Ford Truck owned by the State Highway Department, and operated by one of its employees, backed into Mrs. Atkinson's automobile causing $65 damage; and Whereas, it is only fitting and proper that Mrs. Atkinson be fully compensated for the damage caused to her automobile. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay Mrs. Minnie Lee Atkinson the sum of $65.00 as set out above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims arising out of said occurrence. Approved April 25, 1969. COMPENSATION TO E. M. MOSS. No. 35 (House Resolution No. 57-128). A Resolution. Compensating Mr. E. M. Moss; and for other purposes. Whereas, on September 9, 1966, Mr. E. M. Moss was traveling north on Highway No. 41 in his 1961 Pontiac automobile; and Whereas, as Mr. Moss approached a curve near a roadside park, an employee with the State Highway Department driving a truck owned by said department pulled out in front of the Moss vehicle, causing damage thereto in the amount of $236.67; and Whereas, the accident occurred through no fault or negligence on the part of Mr. Moss, and it is only just and proper that he be compensated therefor.

Page 4115

Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay the sum of $236.67 to Mr. E. M. Moss as compensation as provided above. Said sum shall be in full and complete satisfaction of all claims against the State arising out of said occurrence and shall be paid from funds appropriated to or available to said department. Approved April 25, 1969. COMPENSATION TO RICHARD FLOYD PERRY. No. 36 (House Resolution No. 61-136). A Resolution. Compensating Mr. Richard Floyd Perry; and for other purposes. Whereas, on June 19, 1959, Mr. Richard Floyd Perry, a former trooper with the Georgia State Patrol, was traveling in a patrol car driven by Mr. D. T. Hobby on Georgia Highway No. 41, four miles south of Buena Vista, Georgia; and Whereas, Mr. Perry and Mr. Hobby were acting in the scope of their employment, and while attempting to apprehend a subject, the automobile became out of control and collided into a bank; and Whereas, as a result of the collission, Mr. Perry received a fractured spine, fractured right shoulder and right arm down to the right elbow; and Whereas, as a result of said injuries, Mr. Perry is permanently disabled; and Whereas, because of certain legal technicalities, Mr. Perry was unable to receive Workmen's Compensation for said injuries which would have resulted in $3,956 according

Page 4116

to a spokesman for the Workman's Compensation Board; and Whereas, the accident occurred through no fault or negligence on the part of Mr. Perry, and it is only just and proper that he be compensated for such damages. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Public Safety is hereby authorized and directed to pay the sum of $3,956 to Mr. Floyd Perry as compensation as provided above. Said sum shall be in full and complete satisfaction of all claims against the State arising out of said occurrence and shall be paid from funds appropriated to or available to said department. Approved April 25, 1969. COMPENSATION TO PAUL COCHRAN. No. 37 (House Resolution No. 72-184). A Resolution. Compensating Mr. Paul Cochran; and for other purposes. Whereas, on July 17, 1968, Mr. Paul Cochran was traveling in his automobile over the 2nd Ave. Bridge, west, in the City of Rome, Georgia; and Whereas, at that time and place, employees of the State Highway Department were permitting one lane of traffic to go over said bridge as they sprayed paint on it; and Whereas, as Mr. Cochran was traveling over the bridge, paint from the paint spray machine drifted onto his automobile, causing damage thereto in the amount of $147.63; and

Page 4117

Whereas, the accident occurred through no fault or negligence on the part of Mr. Cochran, and it is only just and proper that he be compensated for such damages. Now, therefore be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay the sum of $147.63 to Mr. Paul Cochran as compensation as provided above. Said sum shall be in full and complete satisfaction of all claims against the State arising out of said occurrences and shall be paid from funds appropriated to or available to said department. Approved April 25, 1969. COMPENSATION TO BEN W. BUTTS. No. 38 (House Resolution No. 83-219). A Resolution. Compensating Mr. Ben W. Butts; and for other purposes. Whereas, on November 6, 1968, Mr. Ben W. Butts was traveling in his automobile in the right lane of Georgia Highway No. 12, approximately 4 miles east of Thomson, Georgia; and Whereas, at approximately the same time and place, Mr. Norris, an employee of the Georgia Highway Department, was cutting grass on the shoulder of Highway No. 12; and Whereas, as Mr. Butts passed the spot where Mr. Norris was mowing, a brick was thrown out from under the mower, breaking the windshield of the Butts' automobile; and Whereas, as a result of the accident, the Butts' automobile was damaged in the amount of $57.08; and

Page 4118

Whereas, said accident occurred through no fault or negligence on the part of Mr. Butts, and it is only just and proper that he be compensated for such damages. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay the sum of $57.08 to Mr. Ben W. Butts as compensation as provided above. Said sum shall be in full and complete satisfaction of all claims agains the State arising out of said occurrence and shall be paid from funds appropriated to or available to said department. Approved April 25, 1969. COMPENSATION TO BUFORD LITTLE. No. 39 (House Resolution No. 84-219). A Resolution. Compensating Mr. Buford Little; and for other purposes. Whereas, at approximately 4:35 p.m. on January 26, 1968, Mrs. Betty W. Little, the wife of Mr. Buford Little, was traveling in an automobile owned by Mr. Little south on Columbia Street in Milledgeville, Georgia; and Whereas, at approximately the same time and place, Mr. Miller B. Cullen, an employee with the State Highway Department, was traveling north on Columbia Street; and Whereas, a wheel came off of the State Highway truck striking the Little vehicle, and causing damage thereto in the amount of $782.00; and Whereas, the accident occurred through no fault or negligence on the part of Mr. or Mrs. Little, and it is only just and proper that Mr. Buford Little be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby

Page 4119

authorized and directed to pay the sum of $681.89 to Mr. Buford Little as compensation as provided above. Said sum shall be in full and complete satisfaction of all claims against the State arising out of said occurrence and shall be paid from funds appropriated to or available to said department. Approved April 25, 1969. COMPENSATION TO RANSOM FLORAL COMPANY. No. 40 (House Resolution No. 85-219). A Resolution. Compensating the Ransom Floral Company; and for other purposes. Whereas, at approximately 10:55 A.M. on December 23, 1967, Mr. John Ransom was driving a vehicle owned by the Ransom Floral Company on Georgia Avenue in Rome, Georgia; and Whereas, at approximately the same time and place, Mr. Guy McKenney, an employee of the Battey State Hospital, was driving a truck owned by the Department of Public Health; and Whereas, Mr. McKenney backed into the Ransom Floral Company's vehicle, causing damage thereto in the amount of $101.03; and Whereas, the accident occurred through no fault or negligence on the part of Mr. John Ransom, and it is only just and proper that the Ransom Floral Company be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Public Health is hereby authorized and directed to pay the sum of $101.03 to

Page 4120

the Ransom Floral Company as compensation as provided above. Said sum shall be in full and complete satisfaction of all claims against the State arising out of said occurrence and shall be paid from funds appropriated to or available to said department. Approved April 25, 1969. COMPENSATION TO ROBERT LEE BALDWIN. No. 41 (House Resolution No. 89-252). A Resolution. Compensating Mr. Robert Lee Baldwin; and for other purposes. Whereas, at approximately 5:50 P.M. on November 12, 1966, Mr. Robert Lee Baldwin was driving his 1962 Rambler station wagon south on U. S. Highway No. 27, approximately 6.5 miles from the city limits of Cedartown, Georgia; and Whereas, at approximately the same time and place, Mr. Charles F. Abernathy, an employee with the Department of Public Safety, was driving an automobile owned by said Department; and Whereas, at the time Mr. Baldwin was attempting a left hand turn, Trooper Abernathy attempted to pass the Baldwin vehicle, colliding with the Baldwin vehicle and causing damage thereto in the amount of $600.00; and Whereas, the accident occurred through no fault or negligence on the part of Mr. Baldwin, and it is only just and proper that he be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Public Safety is hereby authorized and directed to pay the sum of $600.00 to Mr.

Page 4121

Robert Lee Baldwin as compensation as provided above. Said sum shall be in full and complete satisfaction of all claims against the State arising out of said occurrence and shall be paid from funds appropriated to or available to said department. Approved April 25, 1969. COMPENSATION TO K. W. JUSTICE. No. 42 (House Resolution No. 93-276). A Resolution. Compensating Mr. K. W. Justice; and for other purposes. Whereas, on or about July 16, 1968, Mr. Loy Deberry was driving a 1956 Cheverolet truck, owned by Mr. K. W. Justice, along highway 129 about 5 miles south of Abbeville, Georgia; and Whereas, while passing a State Highway Department tractor pulling a mower and being operated by Mr. Jamie Tomberlin, an employee of said Department, a rock was thrown from said mower into the windshield of said 1956 Chevrolet truck breaking same; and Whereas, Mr. K. W. Justice has not been and cannot be compensated by insurance for the replacement of said broken windshield; and Whereas, said accident occurred through no fault or negligence whatsoever on the part of Mr. Justice or Mr. Deberry, and it is only just and proper that Mr. Justice be compensated for said broken windshield. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and instructed to pay the sum of $63.30 to Mr. K. W. Justice as compensation for damages arising out

Page 4122

of the above described occurrence. Said sum shall be paid from the funds appropriated and available to said department and shall be in full and complete satisfaction of all claims against the State of Georgia arising out of said occurrence. Approved April 25, 1969. COMPENSATION TO VERNON F. HOLLOMAN. No. 43 (House Resolution No. 95-276). A Resolution. Compensating Mr. Vernon F. Holloman; and for other purposes. Whereas, on or about April 1, 1968, Mrs. Loette S. Holloman was driving a 1968 automobile belonging to her husband, Mr. Vernon F. Holloman, in an easterly direction along First Avenue, S. E. in Moultrie, Georgia; and Whereas, Mrs. Holloman stopped said automobile because cars ahead of her were also stopped as a result of traffic conditions; and Whereas, a 1968 truck belonging to the State Highway Department and being driven by Mr. Jerry Merritt, an employee of said department, was following behind the automobile being driven by Mrs. Holloman; and Whereas, when Mrs. Holloman stopped said automobile as aforesaid, the driver of said truck did not have control of said vehicle and allowed it to collide with said automobile causing damages to same in the amount of $396.90; and Whereas, the cost to repair said damages has not been and cannot be reimbursed to Mr. Holloman by insurance,

Page 4123

and it is only just and proper that he be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay the sum of $396.90 to Mr. Vernon F. Holloman as compensation for damages as provided above. Said sum shall be paid from funds appropriated or otherwise available to said department and shall be in full and complete satisfaction of all claims against the State of Georgia arising out of said occurrence. Approved April 25, 1969. COMPENSATION TO CLYDE PERDIE LEE. No. 44 (House Resolution No. 111-283). A Resolution. Compensating Clyde Perdie Lee; and for other purposes. Whereas, on or about September 6, 1968, the 1963 Ford pickup truck of Mr. Clyde Perdie Lee was involved in a collision with a 1967 Ford automobile belonging to the Department of Public Safety and being operated by William E. Peacock, an employee thereof; and Whereas, said collision occurred at State Patrol Post No. 22, located in Waycross, Georgia, when Mr. Lee's automobile was struck by said State Patrol vehicle, as Mr. Lee was attempting to leave the parking lot of said Patrol Post; and Whereas, said collision was caused by the careless and negligent manner in which the motor vehicle of the Department of Public Safety was being operated; and

Page 4124

Whereas, said collision damaged Mr. Lee's automobile and required the expenditure of the sum of $174.16 in order to repair such damages. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Public Safety is hereby authorized and instructed to pay to Mr. Clyde Perdie Lee the sum of $174.16 as compensation for the damages arising out of the hereinabove described occurrence. Said payment shall be in full and complete satisfaction to any and all claims by Mr. Clyde Perdie Lee against the State of Georgia arising out of said collision. Said sum shall be paid from the funds appropriated or available to the Department of Public Safety. Approved April 25, 1969. COMPENSATION TO TRAVIS PARSON. No. 45 (House Resolution No. 112-283). A Resolution. Compensating Mr. Travis Parson; and for other purposes. Whereas, on May 9, 1968, Mr. Travis Parson was travelling west on State Highway No. 98 in Banks County, Georgia; and Whereas, at approximately the same time and place, Mr. James W. Gailey, an employee of the State Highway Department, was driving a truck owned by said Department which was full of gravel; and Whereas, as the two vehicles met, gravel fell off the truck owned by said department striking the Parson vehicle; and Whereas, the gravel broke the windshield of the Parson vehicle, causing damage thereto in the amount of $91.40; and

Page 4125

Whereas, the accident occurred through no fault or negligence on the part of Mr. Parson, and it is only just and proper that he be compensated for such damage. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay the sum of $91.40 to Mr. Travis Parson as compensation as provided above. Said sum shall be in full and complete satisfaction of all claims against the State arising out of said occurrence and shall be paid from funds appropriated to or available to said department. Approved April 25, 1969. COMPENSATION TO JOE JACKSON CHITWOOD. No. 46 (House Resolution No. 114-283). A Resolution. Compensating Mr. Joe Jackson Chitwood; and for other purposes. Whereas, on Monday, October 9, 1967, Mr. Joe Jackson Chitwood was driving his 1960 Corvair sedan north on U. S. 23 near Baldwin, Georgia; and Whereas, Mr. Chitwood slowed down suddenly for vehicles that had been involved in a previous accident which were completely blocking U. S. 23; and Whereas, Mr. James Norris Free, an employee of the State Board of Corrections, was driving a 1964 GMC bus owned by the State Board of Corrections and was following the vehicle driven by Mr. Chitwood; and Whereas, when Mr. Chitwood slowed down, Mr. Free applied the brakes on the bus but the brakes failed and he was unable to stop and hit another vehicle knocking

Page 4126

it off to the right and then rammed into the rear end of the vehicle being driven by Mr. Chitwood; and Whereas, Mr. Chitwood's vehicle was damaged in the amount of $180.00; and Whereas, said accident occurred through no fault or negligence on the part of Mr. Chitwood, and it is only just and proper that he be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia that the State Board of Corrections is hereby authorized and directed to pay the sum of $180.00 to Mr. Joe Jackson Chitwood as compensation as provided above. Said sum shall be in full and complete satisfaction of all claims against the State rising out of said occurrence and shall be paid from funds appropriated to or available to said board. Approved April 25, 1969. COMPENSATION TO TOM TROTTER. No. 47 (House Resolution No. 116-283). A Resolution. Compensating Mr. Tom Trotter; and for other purposes. Whereas, on August 19, 1968, Mr. Grover Justus parked a 1967 Chevrolet two-ton truck owned by Mr. Tom Trotter on the north side of the tailor shop at the Georgia Industrial Institute in Alto, Georgia; and Whereas, while the truck owned by Mr. Trotter was parked, Correctional Officer Bruce Brown backed a State vehicle (Institution Vehicle No. 88) into the right front fender, causing damage in the amount of $83.03; and Whereas, said accident occurred through no fault or negligence on the part of Mr. Trotter, and it is only just and proper that he be compensated therefor.

Page 4127

Now, therefore, be it resolved by the General Assembly of Georgia that the State Board of Corrections is hereby authorized and directed to pay the sum of $83.03 to Mr. Tom Trotter as compensation as provided above. Said sum shall be in full and complete satisfaction of all claims against the State arising out of said occurrence and shall be paid from funds appropriated to or available to said board. Approved April 25, 1969. COMPENSATION TO J. C. SAPP. No. 48 (House Resolution No. 121-329). A Resolution. Compensating Mr. J. C. Sapp; and for other purposes. Whereas, on June 26, 1968, Mr. J. C. Sapp was driving his Dodge Pickup truck at a slow rate of speed on Highway 33, about ten miles north of Quitman, Georgia; and Whereas, a truck owned by the State Highway Department, and operated by one of its employees, struck Mr. Sapp's truck in the rear, causing damage in the amount of $600.00; and Whereas, the accident occurred through no fault or negligence of Mr. Sapp, so it is only fitting and proper that he be reimbursed for his loss. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to Mr. J. C. Sapp the sum of $600.00. The said sum shall be paid from funds appropriated to or available to the State Highway Department, and shall be in full and complete satisfaction of all claims arising out of said occurrence. Approved April 25, 1969.

Page 4128

COMPENSATION TO M. A. GILES. No. 49 (House Resolution No. 123-329). A Resolution. Compensating M. A. Giles; and for other purposes. Whereas, on or about May 1, 1968, at the intersection of U. S. Highway 76 and Georgia State Route 17, M. A. Giles was involved in a collision with a motor vehicle belonging to the State Highway Department and operated by Harold Rogers, an employee thereof; and Whereas, said accident occurred while M. A. Giles, while operating his 1955 Plymouth automobile, had halted on U. S. Highway 76 for the purpose of turning left into Georgia Route 17; and Whereas, while completely immobile, Mr. Giles' automobile was struck in the rear by said State Highway vehicle; and Whereas, Mr. Giles' automobile was damaged to the extent that $119.00 was required to be expended to repair the damages. Now, therefore be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and instructed to pay to Mr. M. A. Giles the sum of $119.00 as compensation for the damages which he suffered as a result of the hereinabove described collision. Said sum shall be paid from the funds appropriated and available to the State Highway Department and shall be in full and complete satisfaction of any and all claims against the State of Georgia arising out of said occurrence. Approved April 25, 1969.

Page 4129

COMPENSATION TO MISS DORIS E. McGUIRE. No. 50 (House Resolution No. 124-329). A Resolution. Compensating Doris E. McGuire; and for other purposes. Whereas, on or about December 6, 1966, the automobile of Miss Doris E. McGuire was damaged in a collision with a State Highway vehicle being operated by Hoyt Palmer, an employee thereof; and Whereas, said collision occurred when said State Highway vehicle backed into and damaged Miss McGuire's automobile while she was stopped behind the State Highway vehicle; and Whereas, said collision damaged Miss McGuire's automobile to the extent that $271.78 was required to be expended in order to repair the damage thereto. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and instructed to pay to Miss Doris E. McGuire the sum of $271.78 for the damages sustained as a result of the hereinabove described occurrence. Said sum shall be paid from the funds appropriated and available to the State Highway Department and shall be in full and complete satisfaction of any and all claims against the State of Georgia arising out of said occurrence. Approved April 25, 1969. COMPENSATION TO IDUS EUGENE SANDERS. No. 51 (House Resolution No. 132-375). A Resolution. Compensating Mr. Idus Eugene Sanders; and for other purposes.

Page 4130

Whereas, the 1964 Comet owned by Mr. Idus Eugene Sanders was parked in the emergency parking lot at the Griffin-Spalding County Hospital on August 23, 1967; and Whereas, the automobile was struck by a car owned and operated by the Georgia State Patrol; and Whereas, Mr. Sanders' Comet suffered damage in the amount of $233.66, $133.66 of which has been paid by Mr. Sanders' insurance carrier, leaving a net balance due of $100.00; and Whereas, it is only fitting and proper that Mr. Sanders be paid the said $100.00. Now, therefore, be it resolved by the General Assembly of Georgia that the State Department of Public Safety is hereby authorized and directed to pay to Mr. Idus Eugene Sanders the sum of $100.00 as full compensation and satisfaction of all claims arising out of said occurrence, and said sum shall be paid from funds appropriated to or available to the State Department of Public Safety. Approved April 25, 1969. COMPENSATION TO T. L. HODGES. No. 52 (House Resolution No. 134-375). A Resolution. Compensating Mr. T. L. Hodges, Jr.; and for other purposes. Whereas, Mrs. Carolyn Lewis Hodges was driving a 1967 Dodge station wagon owned by her husband, Mr. T. L. Hodges, Jr., in a southerly direction on Georgia Highway 197; and

Page 4131

Whereas, Mr. Fletcher Johnson Poole was driving a 1947 John Deere Tractor owned by the State Highway Department; and Whereas, Mr. Poole was attempting to enter Georgia Highway 197 from a parking area; and Whereas, Mrs. Hodges rounded a curve in front of Wilkes Store and applied the brakes on the vehicle she was driving but she was unable to avoid striking the vehicle driven by Mr. Poole; and Whereas, the vehicle being driven by Mr. Poole pulled into the path of the vehicle being driven by Mrs. Hodges, causing the accident and resulting in damages to the vehicle being driven by Mrs. Hodges of $221.45; and Whereas, said accident occurred through no fault or negligence on the part of Mrs. Hodges, and it is only just and proper that Mr. T. L. Hodges, Jr., be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay the sum of $100.00 to Mr. T. L. Hodges, Jr., as compensation as provided above. Said sum shall be in full and complete satisfaction of all claims against the State arising out of said occurrence and shall be paid from funds appropriated to or available to said Department. Approved April 25, 1969. COMPENSATION TO MRS. ELEANOR FRANCIS. No. 53 (House Resolution No. 225-629). A Resolution. Compensating Mrs. Eleanor Francis; and for other purposes.

Page 4132

Whereas, on July 11, 1967, Michael Lee Francis was operating an automobile belonging to his mother, Mrs. Eleanor Francis of Decatur, Georgia, and was driving said automobile in a parking lot of a food market on Memorial Drive in DeKalb County; and Whereas, a State Highway Department truck being operated by a State Highway employee backed out of a parking space in said lot and struck the automobile of Mrs. Francis, causing damage in the amount of $170.98; and Whereas, the accident occurred through no fault whatsoever of Michael Francis, and it is only just and proper that Mrs. Francis be compensated for expenses incurred. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay the sum of $170.98 to Mrs. Eleanor Francis as compensation as set out above. Said sum shall be in full and complete satisfaction of all claims against the State arising out of the occurrence, and shall be paid from the funds appropriated to or available to said department. Approved April 25, 1969. COMPENSATION TO J. L. BLACKSTOCK. No. 54 (House Resolution No. 229-650). A Resolution. Compensating Mr. J. L. Blackstock; and for other purposes. Whereas, on or about January 25, 1968, at the intersection of Flat Shoals Road and Fayetteville Road, located in DeKalb County, Georgia, the 1965 Chevrolet of Mr. J. O. Blackstock, being operated by Joyce E. Blackstock, the wife of Mr. Blackstock, was involved in a collision

Page 4133

with a vehicle belonging to the State Highway Department and being operated by an employee thereof, Henry T. Clayton; and Whereas, said collision occurred as both vehicles were proceeding in the opposite direction on Fayetteville Road, and, suddenly and without warning, the State Highway vehicle turned into the path of the Blackstock vehicle in an attempt to turn left on Flat Shoals Road and proceed north thereon; and Whereas, said collision completely demolished the 1955 Chevrolet of Mr. J. O. Blackstock; and Whereas, as a result of said collision, Mr. Blackstock has been damaged in the amount of $300.00. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is authorized and instructed to pay to Mr. J. O. Blackstock the sum of $200.00. Said sum shall be in full and complete satisfaction of any and all claims against the State of Georgia arising out of said occurrence. Said sum shall be paid from the funds appropriated to or available for the State Highway Department. Approved April 25, 1969. COMPENSATION TO MRS. BETTY SMITH. No. 55 (House Resolution No.230-650). A Resolution. Compensating Mrs. Betty Smith; and for other purposes. Whereas, the husband of Mrs. Betty Smith, Mr. Lloyd C. Smith, was driving her 1965 Chevrolet on Highway 120, six miles east of Dallas, Georgia, on January 16, 1969; and

Page 4134

Whereas, a State Patrol car, engaged in a high speed chase of another automobile, crashed into Mrs. Smith's car, causing it to be a total loss; and Whereas, the value of the car before the accident was $1,227.15 and the salvage value after the accident was $257.50, thus causing a net loss of $969.65 to Mrs. Smith; and Whereas, the accident occurred through no fault or negligence of either Mr. or Mrs. Smith, so it is only fair and just that Mrs. Smith be compensated in the amount of $969.65. Now, therefore, be it resolved by the General Assembly of Georgia that the State Department of Public Safety is hereby authorized and directed to pay to Mrs. Betty (Lloyd C.) Smith $969.65 as compensation as set out above. The amount so paid shall be in full and final satisfaction of all claims against the State arising out of said occurrence, and shall come from funds appropriated to or available to said department. Approved April 25, 1969. COMPENSATION TO MRS. HOLLIS CARRINGTON. No. 56 (House Resolution No. 232-656). A Resolution. Compensating Mrs. Hollis Carrington; and for other purposes. Whereas, on April 4, 1968, Mrs. Hollis Carrington was traveling in her 1961 automobile east on Georgia Highway No. 98 near Danielsville, Georgia, in Madison County; and Whereas, at approximately the same time and place, Mr. Ray Thomas Brawner, an employee with the State

Page 4135

Highway Department, was traveling to the rear of the Carrington vehicle, in a truck owned by said department; and Whereas, Mr. Brawner attempted to pass the Carrington vehicle and in the process thereof, he cut in front of the Carrington vehicle before he had proper clearance and, as a result, causing an accident; and Whereas, as a result of said accident, the Carrington vehicle was damaged in the amount of $550.00; and Whereas, said accident occurred through no fault or negligence whatsoever on the part of Mrs. Carrington, and it is only just and proper that she be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay the sum of $441.82 to Mrs. Hollis Carrington as compensation as provided above. Said sum shall be in full and complete satisfaction of all claims against the State arising out of said occurrence and shall be paid from funds appropriated to or available to said department. Approved April 25, 1969. COMPENSATION TO J. M. AKINS. No. 57 (House Resolution No. 233-656). A Resolution. Compensating Mr. J. M. Akins; and for other purposes. Whereas, on April 13, 1968, Mr. J. M. Akins was traveling in his truck on Georgia Highway No 29, between Athens and Danielsville, in Madison County; and

Page 4136

Whereas, at approximately the same time and place, Mr. B. B. O'Kelly, at that time an employee of the Georgia Department of Public Safety, was driving in an automobile owned by said department, and was engaged in discharging duties for said department; and Whereas, Mr. Akins duly signaled and was attempting to make a left-hand turn off Georgia Highway No. 29; and Whereas, at that time, Mr. O'Kelly was attempting to pass the Akins vehicle and several cars to the rear of said Akins vehicle; and Whereas, in the process of said passing, Mr. O'Kelly collided into the Akins vehicle, causing damage thereto in the amount of $500.00; and Whereas, said accident occurred through no fault or negligence whatsoever on the part of Mr. Akins, and it is only just and proper that he be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia Department of Public Safety is hereby authorized and directed to pay the sum of $500.00 to Mr. J. M. Akins as compensation as provided above. Said sum shall be in full and complete satisfaction of all claims against the State arising out of said occurrence and shall be paid from funds appropriated to or available to said department. Approved April 25, 1969. COMPENSATION TO DONALD L. WALL. No. 58 (House Resolution No. 235-682). A Resolution. Compensating Donald L. Wall; and for other purposes.

Page 4137

Whereas, on the 20th day of July, 1967, Donald L. Wall was operating his 1966 Chevrolet automobile in a westerly direction on Georgia Highway 324, in the County of Barrow, approximately 4 miles south of Winder, Georgia; and Whereas, at said time and place an employee of the State Highway Department was operating a John Deere tractor, belonging to said State Highway Department, on the north shoulder of said road; and Whereas, the said employee attempted to enter said road, and in so doing collided with the vehicle owned and operated by Donald L. Wall; and Whereas, as a result, Donald L. Wall sustained property damage to his automobile in the sum of $127.00; and Whereas, said damages occurred through no fault or negligence on the part of Donald L. Wall, and it is only just and proper that he be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to Donald L. Wall the sum of $127.00 as compensation for the damages as set forth above. The payment of said sum shall be in full, complete and final satisfaction for any and all claims against the State arising out of said occurrence. The sum herein authorized shall be paid from the funds appropriated to or otherwise available to the State Highway Department. Approved April 25, 1969.

Page 4138

COMPENSATION TO JOHN R. LANIER. No. 59 (House Resolution No. 236-682). A Resolution. Compensating Mr. John R. Lanier; and for other purposes. Whereas, the 1960 Chevrolet pickup truck owned by Mr. John R. Lanier, and operated by Mr. D. Franklin Lanier on August 12, 1968, near the city limits of Statesboro, at approximately 1:20 p.m., was struck by a 1966 Ford pickup truck owned by the State Highway Department and operated by one of its employees; and Whereas, the truck driven by the State Highway Department employee failed to stop at an intersection which contained no stop sign, but which intersection was of such a nature that the State Highway truck should have yielded; and Whereas, the damage to Mr. John R. Lanier's truck amounts to the sum of $209.42, and this damage was caused through no fault or negligence on the part of Mr. John R. Lanier or Mr. D. Franklin Lanier; and Whereas, it is only just and proper that Mr. John R. Lanier be fully reimbursed for the damage caused to his truck. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to Mr. John R. Lanier the sum of $200.62 as full compensation for all claims against the State arising out of the above-described occurrence, which sum shall come from funds appropriated to or available to the State Highway Department. Approved April 25, 1969.

Page 4139

COMPENSATION TO PAUL WILLIAMS. No. 60 (House Resolution No. 247-693). A Resolution. Compensating Mr. Paul Williams; and for other purposes. Whereas, Mr. Paul Williams was driving his automobile in Athens, Georgia, on June 28, 1966, when a lawn mower owned by the State Highway Department and operated by one of its employees hurled a tin can which passed through the open window of Mr. Paul Williams' automobile and struck him on the face; and Whereas, Mr. Paul Williams suffered a gash which required eight stitches to close; and Whereas, he paid medical bills totalling $35.00; and Whereas, it is only just and proper that Mr. Paul Williams be reimbursed for his medical expenses. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department of Georgia is hereby authorized and directed to pay to Mr. Paul Williams the sum of $35.00 as full satisfaction of all claims against the State which may arise from the above described occurrence. Said sum shall come from funds appropriated to or available to the State Highway Department. Approved April 25, 1969.

Page 4140

COMPENSATION TO ROGER CREW. No. 61 (House Resolution No. 248-698). A Resolution. Compensating Roger Crew; and for other purposes. Whereas, on or about October 22, 1968, on Georgia Highway 100, approximately five miles south of the Polk-Haralson County line, a State Highway rotary mower, being operated by John J. Walker, an employee thereof, struck a rock and threw the same through the window of the 1963 Oldsmobile of Mr. Roger Crew; and Whereas, said rock broke the windshipd of Mr. Crew's Oldsmobile and then struck the three month old daughter of Mr. Crew, Kimberly Ann Crew, causing severe injuries to her person; and Whereas, the sum of $96.16 was required to be extended in order to repair said Oldsmobile; and Whereas, as a result of the injuries to his minor daughter, Mr. Crew will be required to spend large sums of money in providing needed medical services; and Whereas, as a result of said occurrence, Kimberly Ann Crew sustained serious and painful injuries. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and instructed to pay to Mr. Roger Crew the sum of $96.16 as compensation for the damages to his motor vehicle as set forth above. The State Highway Department is further authorized and instructed to pay to Mr. Rogert Crew, as the parent and natural guardian of Kimberly Ann Crew, his minor daughter, the sum of $100.00 for the injuries to her person as set forth above. Said sums shall be in full and complete satisfaction of any and all claims against the State of Georgia arising out of said occurence. Said sums shall be paid from funds appropriated

Page 4141

to or available to the State Highway Department. Approved April 25, 1969. COMPENSATION TO MRS. DORIS CAGLE. No. 62 (House Resolution No. 260-796). A Resolution. Compensating Mrs. Doris Cagle; and for other purposes. Whereas, Mrs. Doris Cagle was driving her 1964 Ford behind a truck owned by the Georgia Forestry Commission in Gordon County, Georgia, on March 18, 1967; and Whereas, a rock or other heavy object fell from the truck owned by the Georgia Forestry Commission, and the rock broke Mrs. Cagle's windshield and caused other minor damage to her automobile; and Whereas, the damage was caused through no fault or negligence of Mrs. Cagle, so it is only just and proper that she be fully indemnified for the damage caused to her automobile. Now, therefore, be it resolved by the General Assembly of Georgia that Mrs. Doris Cagle be compensated the sum of $117.68, for damages as set out above, from funds appropriated to or available to the Georgia Forestry Commission, which said sum shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 25, 1969.

Page 4142

LAW BOOKS TO JONES COUNTY SUPERIOR COURT. No. 104 (House Resolution No. 274-835). A Resolution. Authorizing and directing the State Librarian to furnish certain volumes of the Georgia Reports and the Georgia Court of Appeals Reports to the judge of the Superior Court of Jones County, Georgia; and for other purposes. Whereas, the following volumes of the Georgia Supreme Court Reports are missing from the office of the judges of the Superior Court of Jones County, Georgia: Volumes 6, 7, 11, 14, 17, 22, 24, 28, 29, 35, 43, 62, 64, 96, 107, and 108; and Whereas, the following volumes of the Reports of the Georgia Court of Appeals are missing from said office: Volumes 25 and 115; and Whereas, it is necessary for the proper administration of justice that the said judges have these volumes. Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish the judges of the Superior Court of Jones County, Georgia, with the above listed Volumes of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports. Approved April 30, 1969. CITY OF COLLEGE PARKPLANNING AND ZONING. No. 718 (House Bill No. 546). An Act to amend an Act establishing a new charter for the City of College Park, approved December 16, 1895 (Ga. L. 1895, p. 251), as amended, particularly by an Act approved

Page 4143

August 18, 1923 (Ga. L. 1923 Ex. Sess., p. 548), and by an Act approved December 29, 1937 (Ga. L. 1937-38 Ex. Sess., p. 1050), so as to repeal certain provisions relating to planning and zoning; to provide that all planning and zoning laws shall be governed by the general laws of the State; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new charter for the City of College Park, approved December 16, 1895 (Ga. L. 1895, p. 251), as amended, particularly by an Act approved August 18, 1923 (Ga. L. 1923 Ex. Sess., p. 548), and by an Act approved December 29, 1937 (Ga. L. 1937-38 Ex. Sess., p. 1050), is hereby amended by repealing in their entirety sections 1, 2, 3 and 4 of the amendatory Act approved August 18, 1923 (Ga. L. 1923 Ex. Sess., p. 548). Section 2. Said Act is further amended by striking in its entirety section 1 of the amendatory Act approved December 29, 1937 (Ga. L. 1937-38 Ex. Sess., p. 1050) and substituting in lieu thereof a new section 1 of said amendatory Act to read as follows: Section 1. Mayor and Council of the City of College Park, said municipal corporation, and its governing authorities, are hereby granted authority to pass zoning and planning laws as such power and authority that it is now or hereafter may be, granted to municipalities by the Constitution and general laws of the State of Georgia. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the City of College Park intends to apply for the passage of local legislation at the 1969 Session of the General Assembly of Georgia, convening in January, 1969, to amend the charter of the City of College Park setting forth the qualifications of residency of councilmen,

Page 4144

to amend the charter setting forth the procedure for naming judge pro tem of the City Court of College Park, and for other purposes. This 10th day of January, 1969. George E. Glaze City Attorney of the City of College Park, Georgia State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Mildred N. Lazenby, who, being first duly sworn, according to law, says that she is the treasurer of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 13th, 20th, 27th days of January, 1969, as provided by law. /s/ Mildred N. Lazenby Subscribed and sworn to before me, this 29th day of January, 1969. /s/ Maiodis F. Palmer, Notary Public, Georgia, State at Large. My Commission expires Jan. 19, 1972. (Seal). Approved April 30, 1969. TELFAIR COUNTYCLERK OF SUPERIOR COURT PLACED ON SALARY BASIS. No. 721 (House Bill No. 667). An Act changing the method of compensating the clerk of the superior court of Telfair County, Georgia, from the

Page 4145

fee and salary systems to the salary system, exclusively; to provide for the compensation of such county officer; to provide for the collection of fees, cost and other funds and payment thereof into the public funds of the county; to provide for clerical assistants and to provide compensation for such clerical assistants; to provide for the necessary office expenses of such officer; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Beginning on the effective date of this Act, the compensation of the clerk of the superior court of Telfair County, Georgia, shall be changed from the fee and salary systems to the salary system exclusively, and the salary herein specified shall constitute the full and complete compensation for such officer, and all fees and other emoluments now allowed or hereafter allowed by any authority of law shall be construed to be county funds and accountable for as such. Salary basis. Section 2. The salary of such clerk of the superior court of Telfair County shall be nine thousand six hundred ($9,600.00) dollars per year, payable in monthly payments of eight hundred ($800.00) dollars at the end of each calendar month by the Telfair County Commissioner, or other fiscal authority of Telfair County, out of the general funds of Telfair County. Salary. Section 3. All fees, costs, percentages, forteitures, penalties, allowances and other perquisites and emoluments which are now, or may hereafter be allowed by law to be collected by such officer, shall be collected and received by said clerk of the superior court for the sole use of Telfair County, and same shall be held and accounted for as public monies belonging to said county. On or before the 10th day of each month, beginning with the second month following the effective date of this legislation, the said clerk of the superior court of Telfair County shall prepare in duplicate, a detailed itemized statement showing the amounts due and sources of sums collected by him during the previous calendar month.

Page 4146

One copy of this statement shall be furnished to the Telfair County Commissioner, or other County fiscal authority, together with full payment of the amounts shown thereon; the other copy shall be retained on file as a part of the records of said clerk of the superior court of Telfair County. Said clerk of the superior court shall be diligent in the collection of such fees, costs, percentages, forfeitures, penalties, allowances and other perquisites and emoluments, and in making the monthly accounting herein provided for. It shall be unlawful for the Telfair County Commissioner or other fiscal authority to pay the clerk of the superior court the monthly salary herein provided for while said clerk of the superior court is delinquent in the making of any monthly accounting herein provided for. Section 4. The Telfair County Commissioner, or other fiscal county authority, shall provide the necessary books, records, stationery, postage and other such supplies for the clerk of the superior court of Telfair County and shall pay for the same out of county funds. Office expenses. Section 5. The clerk of the superior court of Telfair County may employ such deputy clerk for said office as he deems advisable, but such deputy clerk shall be paid out of county funds and the Telfair County Commissioner or other fiscal county authority shall pay to such deputy clerk at the end of such calendar month a salary to be determined by the clerk of the superior court of said county, but in no event to exceed the amount of three hundred ($300) dollars in one calendar month. Deputy clerk. Section 6. All fees, costs and other perquisites of office which are due the clerk of the superior court prior to the effective date of this Act and which are collected after the effective date of this Act, shall be collected as herein provided, but shall be remitted to such officer upon his presenting his bill therefor to the county commissioner of Telfair County, whether the same be due him or some prior clerk of Telfair Superior Court. All funds collected by the clerk of the superior court after the effective date of this Act for any and all services rendered by such officer subsequent

Page 4147

to the effective date of this Act, shall be accounted for as county money. Fees due. Section 7. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 8. All laws and parts of laws in conflict with this law are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Telfair County. Notice is hereby given that I will introduce in the 1969 session of the General Assembly of Georgia, legislation for the purpose of increasing salaries of the county commissioner of Telfair County, the sheriff of Telfair County, the tax commissioner of Telfair County, the ordinary of Telfair County and the clerk of the superior court of Telfair County; such legislation shall also increase or authorize an increase in the salaries for the clerks, deputies and assistants for all of said county officers; to repeal conflicting laws; to provide an effective date for such legislation; and for other purposes. This 6th day of February, 1969. /s/ Dr. Frank Holder Representative for Telfair County, Georgia Georgia, Telfair County. Personally appeared before the undersigned officer, duly authorized to administer oaths, Edwin Bowen, who after having been duly sworn according to law, deposes and says under oath that he is editor and publisher of The Telfair Enterprise and that the foregoing and attached copy of a notice of intention to apply for the passage of local legislation at the 1969 session of the General Asembly of Georgia, has been duly published as provided by law, once a

Page 4148

week for three weeks, namely, February 6, 1969, February 13, 1969 and February 20, 1969, in The Telfair Enterprise, the official organ of Telfair County, being the newspaper in which sheriff's advertisements for Telfair County are published. /s/ Edwin Bowen Editor and Publisher The Telfair Enterprise Sworn to and subscribed before me, this 1st day of May, 1969. /s/ B. W. Walker, Notary PublicTelfair County, Georgia. My Commission expires January 12, 1970. Approved April 30, 1969. TELFAIR COUNTYORDINARY PLACED ON SALARY BASIS. No. 722 (House Bill No. 670). An Act to change the method of compensating the ordinary of Telfair County, Georgia, from the fee and salary systems to the salary system, exclusively; to provide for the compensation of such county officer; to provide for the collection of fees, cost and other funds and payment thereof into the public funds of the county; to provide for clerical assistants and to provide for compensation for such clerical assistants; to provide for the necessary office expenses of the office of ordinary; to provide an effective date; to repeal a specific law; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Beginning the effective date of this Act, the compensation of the ordinary of Telfair County, Georgia,

Page 4149

shall be changed from the fee and salary systems to the salary system exclusively, and the salary herein specified shall constitute the full and complete compensation for such officer, whether acting as ordinary, judge of the court of ordinary, treasurer, judge of traffic offenses, or in any other official capacity, whatever. Salary basis. Section 2. The salary of such ordinary shall be nine thousand six hundred ($9,600.00) dollars per year, payable in monthly payments of eight hundred ($800.00) dollars at the end of each calendar month by the commissioner of Telfair County, or other county fiscal authority, out of the general funds of Telfair County. Salary. Section 3. All fees, costs, percentages, forfeitures, penalties, allowances and other perquisites which are now, or may hereafter be allowed by law to be collected by such officer, shall be collected and received by said ordinary for the sole use of Telfair County, and shall be held and accounted for as public monies belonging to said county. On or before the 10th day of each month, beginning with the second month following the effective date of this legislation, the said ordinary shall prepare in duplicate, a detailed itemized statement showing the amounts due and sources of sums collected by him during the previous calendar month. One copy of this statement shall be furnished to the Telfair County Commissioner, or other county fiscal authority, together with full payment of the amounts shown thereon; the other copy shall be retained on file as a part of the records of said ordinary. Said ordinary shall be diligent in the collection of such fees, costs, percentages, forfeitures, penalties, allowances and other perquisites, and in making the monthly accounting herein provided for. It shall be unlawful for the Telfair County Commissioner or other fiscal authority to pay the ordinary the monthly salary herein provided for while said ordinary is delinquent in the making of any monthly accounting herein provided for. Fees. Section 4. Any sum of money or other property given to said ordinary for the performance of a marriage ceremony,

Page 4150

in excess of the costs and fees provided for by law, shall be the property of the ordinary. Marriages. Section 5. The Telfair County Commissioner, or other fiscal county authority, shall provide the necessary books, records, stationery, postage and other such supplies for the ordinary of Telfair County and shall pay for the same out of county funds. Office expenses. Section 6. The ordinary of Telfair County may employ such deputy or clerk for said office as he deems advisable, but such deputy or clerk shall be paid out of county funds and the Telfair County Commissioner or other fiscal county authority shall pay to such clerk or deputy at the end of each calendar month a salary to be determined by the ordinary of said county, but in no event to exceed the amount of three hundred ($300.00) dollars in one calendar month. Clerk, etc. Section 7. An Act supplementing the salary of the ordinary of Telfair County, approved February 5, 1952 (Ga. L. 1952, p. 2052), is hereby repealed in its entirety. Act of 1952 repealed. Section 8. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Telfair County. Notice is hereby given that I will introduce in the 1969 session of the General Assembly of Georgia, legislation for the purpose of increasing the salaries of the county commissioner of Telfair County, the sheriff of Telfair County, the tax commissioner of Telfair County, the ordinary of Telfair County and the clerk of the superior court of Telfair County; such legislation shall also increase or authorize an increase in the salaries for the clerks, deputies and

Page 4151

assistants for all of said county officers; to repeal conflicting laws; to provide an effective date for such legislation; and for other purposes. This 6th day of February, 1969. /s/ Dr. Frank Holder Representative for Telfair County, Georgia Georgia, Telfair County. Personally appeared before the undersigned officer, duly authorized to administer oaths, Edwin Bowen, who after having been duly sworn according to law, deposes and says under oath that he is editor and publisher the The Telfair Enterprise and that the foregoing and attached copy of a notice of intention to apply for the passage of local legislation at the 1969 session of the General Assembly of Georgia, has been duly published as provided by law, once a week for three weeks, namely, February 6, 1969, February 13, 1969 and February 20, 1969, in The Telfair Enterprise, the official organ of Telfair County, being the newspaper in which sheriff's advertisements for Telfair County are published. /s/ Edwin Bowen Editor and Publisher of The Telfair Enterprise Sworn to and subscribed before me, this 1st day of May, 1969. /s/ B. W. Walker, Notary PublicTelfair County, Georgia. My Commission expires January 12, 1970. Approved April 30, 1969.

Page 4152

CITY OF ATLANTACORPORATE LIMITS. No. 723 (House Bill No. 957). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that the Act entitled an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be and the same are further amended as follows: Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for Fulton County are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompaned by an affidavit to the effect that said notice has been published as provided by law, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law. Section 2. By adding thereto a new section to read as follows: The following described property is hereby removed from within the corporate boundaries of the City of Atlanta, and henceforth shall be deemed to lie outside the said corporate limits: `All that tract or parcel of land lying and being in Land Lot 56 of the 18th District of DeKalb County Georgia being various lots of Unit One (1) and Unit Three (3) of Briar Hills Subdivision as per plat of survey by C. E. Roberts, Registered Engineer, No. 572, dated April 10, 1953, recorded May 26, 1953, in Plat Book

Page 4153

20, Page 110 of the records of the Clerk of the Superior Court of DeKalb County Georgia and being more particularly described as follows: `Beginning at the southeastern corner of Land Lot 56 of the 18th District of DeKalb County Georgia at the point where the same meets Land Lots 57, 54 and 55 of said district and county; running thence in a westerly direction along the southerly land lot line of Land Lot 56 a distance of seven hundred, seventy three and six tenths (773.6) feet to a point on the southerly land lot line of Land Lot 56 where the southerly land lot line of Land Lot 56 intersects the northwesterly boundary line of Unit Three (3), Briar Hills Subdivision according to said plat of survey; and running thence in a northeasterly direction along the northwesterly boundary line of said subdivision a distance of one thousand, four hundred and two and seven tenths (1,402.7) feet more or less to a point where the northwesterly boundary line of said subdivision intersects the easterly land lot line of Land Lot 56; and running thence in a southerly direction along the easterly land lot line of Land Lot 56 to the point where the easterly line of Land Lot 56 intersects the southerly land lot line of Land Lot 56 being the common corners of Land Lots 56, 57, 54 and 55 of said county and district, said point being the point of beginning.' Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia legislation to provide for certain property located in DeKalb County to be removed from the City of Atlanta; and for other purposes. This 18th day of February, 1969. Elliott H. Levitas Representative, 77th District Post 4

Page 4154

Georgia, DeKalb County. Personally appeared before the undersigned officer authorized by law to administer oaths, Britt Fayssoux, who, being duly sworn, deposes and states on oath that he is general manager of the New Era Publishing Company, Inc., a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the New Era Publishing Company, Inc. is the publisher of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the county of DeKalb, and further avers that legal notice, a true copy of which is hereto attached, notice of intention to introduce local legislation was duly published once a week for 3 weeks as required by law, the dates of publication being February 20, February 27, and March 6, 1969. Sworn to and subscribed before me, this 6th day of March, 1969. /s/ Carol E. Wheeler, Notary Public, Georgia, State at Large. My Commission expires Feb. 21, 1971. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1969 session of the General Assembly of Georgia legislation to provide for certain property located in DeKalb County to be removed from the City of Atlanta; and for other purposes. This 18th day of February, 1969. Elliott H. Levitas Representative 77th District Post 4 Georgia, Fulton County. Personally appeared before me, the undersigned authority,

Page 4155

duly authorized to administer oaths, Elliott H. Levitas who, on oath, deposes and says that he is Representative from the 77th District, and that the attached copy of notice of intention to introduce local legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: February 19, 26, and March 5, 1969. /s/ Elliott H. Levitas Representative, 77th District Sworn to and subscribed before me, this 6th day of March, 1969. /s/ Aralee Strange Mason, Notary Public, Georgia, State at Large. My Commission expires Dec. 22, 1972. (Seal). Approved April 30, 1969. CITY OF JESUPCITY ATTORNEY. No. 724 (House Bill No. 977). An Act to amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, Georgia, approved December 15, 1937 (Ga. L. 1937-38, Ex. Sess., p. 1142), as amended, so as to provide that the board of commissioners of the City of Jesup shall appoint the city attorney and fix his compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating and creating a new charter for the City of Jesup in Wayne County, Georgia, approved December 15, 1937 (Ga. L. 1937-38, Ex. Sess., p. 1142), as amended, is hereby amended by striking section

Page 4156

22 in its entirety and inserting in lieu thereof a new section 22 to read as follows: Section 22. The board of commissioners may, in its discretion, elect and appoint a city attorney, whose duties shall be to draft such ordinances as may be required by the board of commissioners, attend such meetings of the board as may be required, prosecute cases wherein violations of city ordinances are charged in the police court, when requested by the board or recorder, advise the board on all questions of law wherein advice is requested, and perform such other duties as may be required by the board of commissioners. The salary-retainer of the city attorney shall be fixed by the board in an amount not to exceed $1,200.00 per annum. The board of commissioners shall not be permitted to delegate the authority to appoint or fix the compensation of the city attorney to the city manager. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent. I intend to introduce the necessary legislation leading to certain laws, amendments and/or referenda relative to the control of compensations, fees and other considerations going to certain public attorneys; a control of percentage of Bond issue monies going to certain public attorneys, elimination of possibility of conflict of interest and control of the payment of super fees above and beyond a reasonable retainer-salary and for other purposes; various applications shall be exercised where amenability obtains. Dr. McKee Hargrett, Representative, District 58, General Assembly of Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dr. McKee Hargrett who, on oath, deposes and says that he is Representative

Page 4157

from the 58th District, and that the attached copy of notice of intention to introduce local legislation was published in the Jesup Sentinel which is the official organ of Wayne County, on the following dates: January 9, 16, 23, 1969. /s/ Dr. McKee Hargrett Representative, 58th District Sworn to and subscribed before me, this 28th day of February, 1969. /s/ Pamela A. Little, Notary Public, Georgia, State at Large. My Commission expires Jan. 9, 1971. (Seal). Approved April 30, 1969.

Page 4159

CHARTER AMENDMENTS Adopted Pursuant to THE MUNICIPAL HOME RULE ACT OF 1965 AS AMENDED

Page 4160

CITY OF ATLANTAAPPROPRIATIONS. An Ordinance to amend the charter of the City of Atlanta; to amend the charter and related laws of the City of Atlanta as contained in Volume I of the charter, related laws and code of ordinances of the City of Atlanta, as amended, so as to authorize the mayor and board of aldermen to annually appropriate and donate money derived from taxation, contributions, or otherwise, for and to any corporation, company, association, institution or individual, for purely charitable purposes, and for the support of schools located within the limits of the City of Atlanta; to authorize the mayor and board of aldermen to create commissions, councils and boards to perform duties prescribed for them as related to corporate municipal, governmental or public purposes, to provide for the compensation of members and employees of such commissions, councils or boards, and to make appropriations and donations for their operation, in whole or in part; to authorize the City of Atlanta, with respect to services and properties, of any kind and character, related to corporate, municipal, governmental or public purposes, to contract with any commission, council or board, or with any corporation, company, association, institution or individual; and for other purposes. Be it hereby enacted by the Mayor and Board of Aldermen of the City of Atlanta, as follows: Section 1. That the Mayor and Board of Aldermen of the City of Atlanta shall have the authority to annually appropriate and donate money, derived from taxation, contributions, or otherwise, for and to any corporation, company, association, institution or individual for purely charitable purposes, and for the support of schools located within the limits of the City of Atlanta. The Mayor and Board of Aldermen are authorized, in their discretion, to select the recipients of such appropriations and donations, and to determine the amounts of same. Section 2. As related to corporate, municipal, governmental or public purposes, and for the security of the

Page 4161

peace, health and good government of the City of Atlanta, the Mayor and Board of Aldermen shall have the authority to create commissions, councils or boards which shall perform duties prescribed by the Mayor and Board of Aldermen, including, but not limited to, making studies, conducting research and investigations, holding hearings, and preparing recommendations as to needed ordinances and resolutions. The Mayor and Board of Aldermen shall have the authority to provide for the makeup and composition of such commissions, councils and boards, the periods of existence of same, and for the compensation of such members and employees of same, in whole or in part. The Mayor and Board of Aldermen shall have the authority to annually appropriate and donate money, derived from taxation, contributions, or otherwise, for and to such commissions, councils and boards, to provide for their operation, either in whole or in part. Section 3. With respect to services and properties, of any kind or character, related to corporate, municipal, governmental or public purposes, the City of Atlanta shall have the authority to contract with any commission, council and board, created by the Mayor and Board of Aldermen of such City, or otherwise, or with any other corporation, company, association, institution or individual. Section 4. That all laws and parts of laws in conflict herewith are hereby repealed. Adopted by the Board of Aldermen January 2, 1968. Notice of Proposed Amendment to Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend the Charter and Related Laws of the City of Atlanta as contained in Volume I of the Charter, Related Laws and Code of Ordinances of the City of Atlanta, as amended, so as to authorize the Mayor and Board of Aldermen

Page 4162

to annually appropriate and donate money derived from taxation, contributions, or otherwise, for and to any corporation, company, association, institution or individual, for purely charitable purposes, and for the support of schools located within the limits of the City of Atlanta; to authorize the Mayor and Board of Aldermen to create commissions, councils and boards to perform duties prescribed for them as related to corporate, municipal, governmental or public purposes, to provide for the compensation of members and employees of such commissions, councils or boards, and to make appropriations and donations for their operation, in whole or in part; to authorize the City of Atlanta, with respect to services and properties, of any kind and character, related to corporate, municipal, governmental or public purposes, to contract with any commission, council or board, or with any corporation, company, association, institution or individual; and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the City Clerk of Atlanta and the Office of the Clerk of the Superior Court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This the 5th day of December, 1967. J. J. Little, City Clerk City of Atlanta Dec. 26, 1967 Publishers Affidavit: The undersigned deponent does hereby certify that he/ she is a duly authorized representative of the Atlanta Constitution Newspaper, Atlanta, Georgia, and the attached newspaper advertisement was published by said newspaper on Monday, December 11, 1967, Monday December 18, 1967 and Tuesday, December 26, 1967. /s/ H. W. Martin Assistant Credit Manager Filed in Office of Secretary of State January 10, 1968. Approved January 4, 1968.

Page 4163

CITY OF ATLANTAPLANNING DIRECTOR. An Ordinance to amend sections 7.3.51, 7.3.52, 7.3.53, 7.3.54, 7.3.55 and 7.3.56 of the 1965 code of the City of Atlanta, as amended, (1953 Ga. L. p. 2890) to delete the words planning engineer and to substitute in lieu thereof the words planning director. Be and it is hereby enacted by the Mayor and the Board of Aldermen of the City of Atlanta as follows: Section 1. That Section 7.3.51, 7.3.52, 7.3.53, 7.3.54, 7.3.55, and 7.3.56 of Volume I of the 1965 Charter of the City of Atlanta, as amended, (1953 Ga. L. p. 2890) be and the same is hereby further amended by deleting the words Planning Engineer wherever said words may appear therein, and by substituting therefor the words Planning Director. Section 2. That a copy of this proposed amendment to the Charter of the City of Atlanta shall be filed in the Office of the Clerk of the Mayor and Board of Aldermen and in the Office of the Clerk of the Superior Court of Fulton County and that the Notice of Proposed Amendment to Charter of the City of Atlanta attached hereto, marked Exhibit A and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta or the official organ of Fulton County and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the Mayor and Board of Aldermen. Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Adopted by Board of Aldermen January 15, 1968. Notice of Proposed Amendment to Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend sections 7.3.51, 7.3.52, 7.3.53, 7.3.54, 7.3.55

Page 4164

and 7.3.56 of Volume I of the 1965 charter of the City of Atlanta, as amended, (1953 Ga. L. p. 2890) to delete the words Planning Engineer wherever they may appear therein and to substitute in lieu thereof the words Planning Director and for other purposes. A copy of the proposed amendment to the charter is on file in the office of the City Clerk of Atlanta and the office of the clerk of the Superior Court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This 18th day of January, 1968. J. J. Little, City Clerk City of Atlanta January 9, 1968 Publisher's Affidavit: The undersigned deponent does hereby certify that he/she is a duly authorized representative of the Atlanta Constitution Newspaper, Atlanta, Georgia and the attached newspaper advertisement was published by said newspaper on Tuesday, December 26, 1967, Tuesday, January 2, 1968 and Tuesday, January 9, 1968. /s/ H. W. Martin Assistant Credit Manager. Filed in Office of Secretary of State January 19, 1969. Approved January 17, 1968. CITY OF ATLANTASANITARY ASSESSMENTS. An Ordinance to amend section 9.2.7 of Volume I of the charter and related laws of the City of Atlanta of 1965, as amended, so as to eliminate and repeal the words contained in the last sentence of said section, to-wit: ... after deducting the portion to which the school department is entitled,..., such words and provision

Page 4165

having been repealed by implication by Georgia Laws 1955, pages 3133, 3134, section 6; and to provide that proceeds from sanitary assessments may be used for debt service for permanent structures; and for other purposes. Be and it is hereby ordained by the Mayor and Board of Aldermen of the City of Atlanta, as follows: Section 1. That the last sentence of Section 9.2.7 of Volume I of the Charter and Related Laws of the City of Atlanta of 1965, as amended, (Ga. L. 1937, p. 1502) and which reads as follows: The proceeds of such assessment after deducting the portion to which the school department is entitled, shall be used exclusively for paying the cost of sanitary service, including repairs to buildings and equipment and the purchase and replacement of equipment, but not debt service for permanent structures. be and the same is hereby repealed in its entirety and the following sentence is substituted in lieu thereof: The proceeds of such assessment shall be used exclusively for paying the cost of sanitary service, including repairs to buildings and equipment and the purchase and replacement of equipment, including debt service for permanent structures. so that said section 9.2.7, after amendment, shall read as follows: The mayor and board of aldermen are hereby authorized to make assessment of the various lots of land and lot owners in said city for sanitary purposes in such amounts, rates or methods of assessment as they may in their discretion deem proper; and the said mayor and board of aldermen are hereby authorized and empowered to collect same by execution against the lot so assessed and the owner thereof. The amount so assessed shall be a lien on the lot from the date of assessment. The executions shall

Page 4166

be issued and enforced in the same manner that tax executions are issued and enforced in said city. The proceeds of such assessment shall be used exclusively for paying the cost of sanitary service, including repairs to buildings and equipment and the purchase and replacement of equipment, including debt service for permanent structures. Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Adopted by Board of Aldermen February 19, 1968. Notice of Proposed Amendment to Charter of the City of Atlanta. Notice is hereby given that an Ordinance has been introduced to amend Section 9.2.7 of Volume I of the Charter and Related Laws of the City of Atlanta of 1965, as amended, so as to eliminate and repeal the words contained in the last sentence of said section, to-wit: ... after deducting the portion to which the school department is entitled,..., such words and provision having been repealed by implication by Georgia Laws 1955, pages 3133, 3134, Section 6; and to provide that proceeds from sanitary assessments may be used for debt service for permanent structures; and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the City Clerk of Atlanta and the Office of the Clerk of the Superior Court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This the 18th day of January, 1968. J. J. Little, City Clerk City of Atlanta
Page 4167

February 1, 1968 Publishers Affidavit: The undersigned deponent does hereby certify that he/she is a duly authorized representative of the Atlanta Constitution Newspaper, Atlanta, Georgia, and the attached newspaper advertisement referring to Volume I of the charter and related laws of the City of Atlanta of 1965, Sec. 9.2.7 was published by said newspaper on Thursday, January 18, 1968; Thursday, January 25, 1968 and Thursday, February 1, 1968. /s/ H. W. Martin Assistant Credit Manager Filed in Office of Secretary of State February 26, 1968. Approved February 21, 1968. CITY OF ATLANTADEPARTMENT HEADS. An Ordinance to amend the charter and related laws of the City of Atlanta as contained in Volume I of the charter, related laws and code of ordinances of the City of Atlanta, as amended, by striking subparagraph (h), of section 10.1.9 (1), and inserting in lieu thereof a new subparagraph (h), so as to include in the unclassified service heads of departments and heads of divisions elected by the Mayor and Board of Aldermen; and for other purposes. Be it hereby enacted by the Mayor and Board of Aldermen of the City of Atlanta, as follows: Section 1. The Charter and Related Laws of the City of Atlanta as contained in Volume I of the Charter, Related Laws and Code of Ordinances of the City of Atlanta, as heretofore amended, shall be further amended by striking therefrom Subparagraph (h), of Section 10.1.9 (1), and inserting in lieu thereof a new Subparagraph (h), which shall read as follows: Heads of departments and heads of divisions elected by the mayor and board of aldermen.

Page 4168

Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Adopted by Board of Aldermen March 18, 1968. Notice of Proposed Amendment to Charter of the City of Atlanta. Notice is hereby given that an Ordinance has been introduced to amend the Charter and Related Laws of the City of Atlanta as contained in Volume I of the Charter, Related Laws and Code of Ordinances of the City of Atlanta, as amended, by striking subparagraph (h), of Section 10.1.9 (1), and inserting in lieu thereof a new subparagraph (h), so as to include in the unclassified service heads of departments and heads of divisions elected by the Mayor and Board of Aldermen; and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the City Clerk of Atlanta and the Office of the Clerk of the Superior Court of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public. This 20th day of February, 1968. J. J. Little, City Clerk City of Atlanta March 7, 1968 Publisher's Affidavit: The undersigned deponent does hereby certify that he/she is a duly authorized representative of the Atlanta Constitution Newspaper, Atlanta, Georgia, and the attached newspaper advertisement referring to Volume I of the charter and related laws of the City of Atlanta of 1965, Sec.

Page 4169

10.1.9 was published by said newspaper on Thursday, February 22, 1968; Thursday, February 29, 1968; and Thursday, March 7, 1968. /s/ H. W. Martin Assistant Credit Manager Filed in Office of Secretary of State March 26, 1968. Approved March 20, 1968. CITY OF ATLANTASPECIAL ASSESSMENT FUND. An Ordinance to amend Section 7.2.64 of Volume I of the charter and related laws of the City of Atlanta of 1965, as amended (Ga. L. 1919, p. 821 et seq., section O, as amended), so as to repeal said section and to enact a new section which shall provide for the creation of The Special Assessment Fund, that such fund may constitute a consolidated fund for the financing of the various improvement programs of the city, including but not limited to, concrete curb and gutter, granite curb, sidewalks, streets, sewers, etc., and for other purposes. Be and it is hereby ordained by the Mayor and Board of Aldermen of the City of Atlanta, as follows: Section 1. That section 7.2.64 of Volume I of the charter and related laws of the City of Atlanta of 1965, as amended (Ga. L. 1919, p. 821 et seq., Section O, as amended), be repealed in its entirety and that the following be substituted in lieu thereof: There is hereby created a special fund to be known as `The Special Assessment Fund' into which shall be paid such sums as property owners, in default on installment payments, may thereafter pay on past due installments on their assessments for street improvements made under contract as authorized by this section; and such part of said fund as may be required may be paid over to such contractor or holder of such assessments, liens, bills, etc., for the street improvements provided for in this section,

Page 4170

and the interest thereon. The Special Assessment Fund shall further constitute a fund into which may be consolidated any other improvement funds, and as so consolidated shall constitute a fund for the financing of various improvement programs of the city, including but not limited to, concrete curb and gutter, granite curb, sidewalks, streets, sewers, etc. The comptroller of the City of Atlanta is hereby authorized to consolidate any improvement funds, by whatever name they may be known, into The Special Assessment Fund and to transfer to The Special Assessment Fund all existing assets, liabilities and appropriation balances of said funds. All expenditures and receipts, as were applicable to such funds prior to such consolidation, shall after consolidation be reflected as expenditures and receipts of The Special Assessment Fund. Nothing herein contained shall prevent the mayor and board of aldermen, in their discretion, from financing by any other means, as may now or hereafter exist, granite curb, concrete curb and gutter, and sidewalk construction. Section 2. The term Street Improvement Fund wherever it may appear in the charter and related laws of the City of Atlanta of 1965, as amended, and in the code of ordinances of the City of Atlanta of 1965, as amended, is hereby repealed and there is substituted in lieu thereof the term The Special Assessment Fund. Section 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Adopted by Board of Aldermen June 17, 1968. Notice of Proposed Amendment to Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend Section 7.2.64 of Volume I of the charter and related laws of the City of Atlanta of 1965, as amended (Ga. L. 1919, p. 821 et seq., Section O, as amended), so as to repeal said section and to enact a new section which shall

Page 4171

provide for the creation of The Special Assessment Fund, that such fund may constitute a consolidated fund for the financing of the various improvement programs of the City, including but not limited to, concrete curb and gutter, granite curb, sidewalks, streets, sewers, etc., and for other purposes. A copy of the proposed amendment to the charter is on file in the Office of the City Clerk of Atlanta and the Office of the Clerk of the Superior Court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This the 22nd day of May, 1968. J. J. Little, City Clerk City of Atlanta Affidavit of Publication. State of Georgia, County of Fulton. Personally appeared before me, the undersigned notary public H. W. Martin, who after being duly sworn states under oath that he is the assistant credit manager of Atlanta Newspapers, Inc., Proprietors of The Atlanta Journal, (Daily, Evening), The Atlanta Constitution, (Daily, Morning) and The Atlanta Journal and The Atlanta Constitution (Sunday), newspapers of general circulation published in the city of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Constitution, Friday, May 24, 1968; Friday, May 31, 1968; and Friday June 7, 1968. /s/ H. W. Martin Assistant Credit Manager

Page 4172

Sworn and subscribed before me, this 10th day of June, 1968. /s/ Anne S. Collins, Notary Public, Georgia, State at Large. My Commission expires Feb. 9, 1972. Filed in the Office of the Secretary of State June 25, 1968. Approved June 19, 1968. CITY OF ATLANTAHOLIDAYS. An Ordinance to amend section 2.1.11 of Volume I of the 1965 Code of the City of Atlanta, as amended, so as to make Armistice (Veterans) Day, Thanksgiving Day, Christmas Day, New Year's Day, Labor Day, July 4 and April Twenty-Six-Memorial Day the only legal holidays of the City of Atlanta with respect to meetings of the board of aldermen; and for other purposes. Be and it is hereby enacted by the mayor and board of aldermen of the City of Atlanta, as follows: Section 1. That Section 2.1.11 of Volume I of the 1965 Code of the City of Atlanta, as amended, be and the same is hereby further amended by repealing said Section in its entirety and substituting in lieu thereof a new Section 2.1.11 of Volume I of the 1965 Code of the City of Atlanta, as amended, to read as follows: The regular sessions of the mayor and board of aldermen shall be held on the first and third Mondays in each month, and continue from day to day in their discretion. When the first or third Monday falls on either Armistice (Veterans) Day, Thanksgiving Day, Christmas Day, New Year's Day, Labor Day, July 4 or April Twenty-Six-Memorial Day, the meeting of the mayor and board of aldermen on said date shall not be held on such holiday, but shall be postponed to the Tuesday following said first or third Monday, at the same hour as now provided.

Page 4173

Section 2. That a copy of this proposed amendment to the charter of the City of Atlanta shall be filed in the Office of the Clerk of the Mayor and Board of Aldermen and in the Office of the Clerk of the Superior Court of Fulton County and that the Notice of Proposed Amendment to Charter of the City of Atlanta attached hereto, marked Exhibit A and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta or the official organ of Fulton County and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the Mayor and Board of Aldermen. Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Adopted by Board of Aldermen July 15, 1968. Notice of Proposed Amendment to Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend section 2.1.11 of Volume I of the 1965 Code of the City of Atlanta, as amended, (1967 Ga. L. Volume II, page 3504) so as to change the public holidays which the City of Atlanta shall observe; and for other purposes. A copy of the proposed amendment to the charter is on file in the office of the City Clerk of Atlanta and the office of the Clerk of the Superior Court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This 20th day of June, 1968. J. J. Little, City Clerk City of Atlanta

Page 4174

Affidavit of Publication: State of Georgia County of Fulton Personally appeared before me, the undersigned Notary Public, H. W. Martin who after being duly sworn states under oath that he is the Assistant Credit Manager of Atlanta Newspapers, Inc., Proprietors of The Atlanta Journal (Daily, Evening), The Atlanta Constitution (Daily, Morning) and The Atlanta Journal and The Atlanta Journal and The Atlanta Constitution (Sunday), newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Constitution, June 21, 1968, June 28, 1968, and July 5, 1968. Sworn and subscribed before me, this 8th day of July, 1968. /s/ Anne S. Collins, Notary Public, Georgia, State at Large. My Commission expires Feb. 9, 1972. Filed in the Office of the Secretary of State July 22, 1968. Approved July 16, 1968. CITY OF ATLANTAFRANCHISES. An Ordinance to amend section 7.2.10 of the 1965 charter of the City of Atlanta by adding a proviso that a franchise may be extended, renewed, or amended by mutual agreement of the parties. Be it enacted by the mayor and board of aldermen of the City of Atlanta as follows: Section 1. That section 7.2.10 of the 1965 charter of the City of Atlanta be and same is hereby amended by adding thereto the following:

Page 4175

Provided, however, that a franchise may be extended, renewed, or amended at any time by mutual agreement of the parties, and by adoption thereof by the mayor and board of aldermen of the City of Atlanta at two consecutive meetings. So that said section, as amended, shall read as follows: Sec. 7.2.10. Franchises, Occupancy of Streets, Public Places; Time of Renewal Restricted. The mayor and board of aldermen shall have no authority or power to grant, consent to or permit the extension, removal or change of the term for which franchises have been or may be granted, or in any way to extend or renew the time for which permission has been or may be given to occupy the streets and public places, except and only during the twelve months immediately preceding the expiration of the term of such franchises and permit; and all extensions and renewals made in violation of this section shall be void. Provided, however, that a franchise may be extended, renewed, or amended at any time by mutual agreement of the parties, and by adoption thereof by the mayor and board of aldermen of the City of Atlanta at two consecutive meetings. Section 2. That a copy of this proposed amendment to the charter of the City of Atlanta be filed in the office of the clerk of the mayor and board of aldermen of the City of Atlanta, and in the office of the clerk of the Superior Court of Fulton County, Georgia, and in the office of the clerk of the Superior Court of DeKalb County, Georgia, and that notice of this proposed amendment to the charter of the City of Atlanta, attached hereto, marked exhibit A and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta, or in the official organ of Fulton County, Georgia, and the official organ of DeKalb County, Georgia, and that a copy of said advertisement be attached to this Ordinance prior to its final adoption by the mayor and board of aldermen of the City of Atlanta. Section 3. That all laws and parts of laws in conflict herewith are hereby repealed.

Page 4176

Adopted by the Board of Aldermen November 18, 1968. Notice of Proposed Amendment to Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend section 7.2.10 of the 1965 charter of the City of Atlanta by adding to said section a proviso that a franchise may be extended, renewed, or amended at any time by mutual agreement of the parties, and by adoption thereof by the mayor and the board of aldermen of the City of Atlanta at two consecutive meetings. A copy of the proposed amendment to the charter is on file in the office of the city clerk of Atlanta and the office of the clerk of the Superior Court of Fulton County, Georgia, and the office of the clerk of the Superior Court of DeKalb County, Georgia, for the purpose of examination and inspection by the public. This 22nd day of October, 1968. J. J. Little, City Clerk City of Atlanta Affidavit of Publication: State of Georgia County of Fulton Personally appeared before me, the undersigned notary public, H. W. Martin, who after being duly sworn states under oath that he is the assistant credit manager of Atlanta Newspapers, Inc., Proprietors of The Atlanta Journal, (Daily, Evening), The Atlanta Constitution, (Daily, Morning) and The Atlanta Journal and The Atlanta Constitution (Sunday), newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a

Page 4177

part of this affidavit appeared in The Atlanta Constitution, on October 24, 1968, October 31, 1968, and November 7, 1968. /s/ H. W. Martin Assistant Credit Manager Sworn and subscribed before me, this 7th day of November, 1968. /s/ Anne S. Collins, Notary Public, Georgia, State at Large. My Commission expires Feb. 9, 1972. Filed in office of Secretary of State November 22, 1968. Approved November 20, 1968. CITY OF ATLANTADEPARTMENT OF FINANCE. An Ordinance to amend the charter of the City of Atlanta known as Volume I of the charter and related laws of the City of Atlanta, as amended, so as to establish the department of finance of the City of Atlanta; to provide for a director of finance as head of said department; to provide for the transfer of the duties of municipal revenue collector and ex-officio treasurer of the City of Atlanta to the department of finance; to provide for the powers, functions and duties of the department of finance; to repeal conflicting laws; and for other purposes. Be and it is hereby ordained by the mayor and board of aldermen of the City of Atlanta as follows: Section 1. That section 2.6.1 of Volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the second sentence of said section, which reads as follows: This office shall have all the power and authority formerly given to the office and department of the clerk of the

Page 4178

board of aldermen, building superintendent and municipal revenue collector, and all work or authority formerly vested in these offices and departments shall be vested and exercised by the city clerk., in its entirety and substituting therefor a new second sentence of said section which shall read as follows: This office shall have all the power and authority formerly given to the office and department of clerk of the board of aldermen and building superintendent, and all work or authority formerly vested in these offices and departments shall be vested and exercised by the city clerk. Section 2. That section 2.6.4 of Volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking from the first sentence of said section the words executions, licenses and all other and substituting in lieu thereof the word any so that said first sentence of section 2.6.4 shall read as follows: The deputy city clerks, whether one or more, shall be appointed, subject to civil service regulations, by the city clerk and shall have all the authority as previously exercised by the clerk of the board of aldermen and building superintendent, and are authorized to sign any documents, to which the signature of the city clerk is necessary, using their own names, but adding thereto the words, `deputy city clerk'. Section 3. That section 2.6.5 of Volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the words Sec. 2.6.5 and substituting in lieu thereof Sec. 3.2.5 and by striking the words city clerk and substituting in lieu thereof the words director of finance so that said section, as amended, shall read as follows: Sec. 3.2.5. The director of finance shall be the revenue and tax collector and shall perform, in addition to his other duties, the duties now performed by the municipal revenue collector.

Page 4179

Section 4. That section 2.6.6 of Volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the words Sec 2.6.6 and substituting in lieu thereof the words Sec. 3.2.6 and by striking the words city clerk and substituting in lieu thereof the words director of finance and striking the words except service on the pension boards so that said section, as amended, shall read as follows: Sec. 3.2.6. The director of finance shall become ex-officio treasurer of the City of Atlanta and shall assume all the duties relevant to that position. Section 5. That section 2.6.7 of Volume I of the charter and related laws of the City of Atlanta, as amended, which reads as follows: The city clerk shall give bond and security in an amount to be fixed by the mayor and board of aldermen for the faithful discharge of his duties as municipal revenue collector, marshal, tax collector and treasurer, in such amount as in their judgment may be sufficient, in no event to be less than one hundred thousand dollars. The mayor and board of aldermen shall also have power to increase the bond whenever they may deem it necessary to protect the interest of the city. The liability of any surety or sureties on such bond shall be the same as that of the sureties on the bond of the treasurer of the State of Georgia, to-wit: That the property of such surety on such bond shall be subject to a lien in favor of the City of Atlanta, for the full amount of such bond from the date of the execution thereof. is hereby repealed. Section 6. That section 2.6.8 of Volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the words Sec. 2.6.8 and substituting in lieu thereof the words Sec. 3.2.9 and by striking the words city clerk and substituting in lieu thereof the words director of finance so that said section, as amended, shall read as follows:

Page 4180

Sec. 3.2.9. The mayor and board of aldermen of the City of Atlanta shall have power and authority to authorize the director of finance and his deputies to collect delinquent county taxes and to qualify as deputy tax commissioner of Fulton County if and when the city shall enter into a contract under the Constitution and laws of the state to collect such taxes or to perform any incidental services in connection therewith. Section 7. That section 2.6.9 of Volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the words Sec. 2.6.9 and substituting in lieu thereof the words Sec. 3.2.7 and by striking the words city clerk and substituting in lieu thereof the words director of finance so that said section, as amended, shall read as follows: Sec. 3.2.7. The director of finance shall have the power and authority to designate any officer or employee in his department as a deputy municipal revenue collector or a deputy marshal, and when so designated, such officer or employee shall take the oath of office required to be taken by the director of finance as such or as an ex-officio marshal. Section 8. That section 2.6.10 of Volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the language of said section in its entirety and substituting in lieu thereof the following: Sec. 2.6.10. There is hereby created in the department of city clerk the position of first deputy city clerk who shall exercise all the powers, duties, and authority of the city clerk upon the direction of the city clerk, or in the absence of the city clerk, or in the case of the disability of the city clerk. The city clerk may designate any officer or employee in his department as his first deputy city clerk, subject to the civil service laws and regulations.

Page 4181

Section 9. That section 2.6.12 of Volume I of the charter and related laws of the City of Atlanta, as amended, which reads as follows: The successor to the chief deputy city clerk and ex-officio marshal shall be appointed by the clerk upon proper certification by the personnel director from applicable civil service list. is hereby repealed. Section 10. That section 2.6.13 of Volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the words Sec. 2.8.13 and substituting therefor the words Sec. 3.2.8 and by striking the words chief deputy clerk and substituting in lieu thereof the words deputy director of finance or any employee of the department of finance serving as ex-officio marshal or deputy treasurer of the City of Atlanta so that said section, as amended, shall read as follows: Sec. 3.2.8. The deputy director of finance or any employee of the department of finance serving as ex-officio marshal or deputy treasurer of the City of Atlanta shall take and subscribe to an oath to uphold all the laws of the State of Georgia and to faithfully perform the duties of his office in addition to the oath required of public officials by the laws of the State of Georgia. He shall have authority to make investigations, serve warrants and make arrests in the performance of these duties. Section 11. That section 2.6.14 of Volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by repealing the language of said section in its entirety and substituting therefor the following language: Sec. 2.6.14. The office and department of building superintendent shall be abolished and its scope of responsibility merged with the office and department of city clerk through the following procedure:

Page 4182

(a) When the present holder of the office of building superintendent resigns, retires or dies or is removed for cause, said office shall not be filled by the mayor and board of aldermen and any vacancy in said position shall thereupon terminate the office. Nothing herein shall be so construed or applied as to deprive any present department head of his office or his eligibility to be re-elected at the expiration of his present term or any subsequent term to which he is elected, provided he is otherwise eligible under existing laws, it being the intention of this legislation to abolish such offices only as a vacancy is created by reason of retirement, death, resignation or removal for cause to be adjudged by the mayor and board of aldermen. Nothing herein shall be so construed or applied as to deprive any present department head of any right, privilege or entitlement or emeritus status due him under the law. Until the contingencies, set forth hereinabove, occur, the building superintendent shall continue to perform all the duties bestowed upon him. Section 12. That Volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by adding thereto a new section to be known as section 3.2.10 and to read as follows: Sec. 3.2.10. The office and department of municipal revenue collector shall be abolished and its scope of responsibility merged with the office and department of finance through the following procedure: (a) When the present holder of the office of municipal revenue collector resigns, retires or dies or is removed for cause, said office shall not be filled by the mayor and board of aldermen and any vacancy in said position shall thereupon terminate the office. Nothing herein shall be so construed or applied as to deprive any present department head of his office or his

Page 4183

eligibility to be re-elected at the expiration of his present term or any subsequent term to which he is elected, provided he is otherwise eligible under existing laws, it being the intention of this legislation to abolish such offices only as a vacancy is created by reason of retirement, death, resignation or removal for cause to be adjudged by the mayor and board of alderman. Nothing herein shall be so construed or applied as to deprive any present department head of any right, privilege or entitlement or emeritus status due him under the law. Until the contingencies, set forth hereinabove, occur, the municipal revenue collector shall continue to perform all the duties bestowed upon him. Section 13. That section 2.6.15 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking from the second paragraph of said section the words municipal revenue collector wherever the same appear so that said second paragraph of said section shall read, as amended, as follows: Upon the effective dates of the termination of the office and department of building superintendent wherever the words, `building superintendent' are used in the Charter and Related Laws and Code of Ordinances of this city the same shall be construed to mean `city clerk'. Section 14. That Volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by adding thereto a new section to be known as section 3.2.11 to read as follows: Upon the effective date of the termination of the office of municipal revenue collector wherever the words `municipal revenue collector, ex-officio marshal and treasurer' are used in the charter and related laws and code of ordinances of this city the same shall be construed to mean `the director of finance'.

Page 4184

Section 15. That section 3.2.1 of Volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the language of said section in its entirety and substituting in lieu thereof the following language: The department of finance and the office of director of finance of the City of Atlanta are hereby created. The director of said department, to be known as the director of finance, shall be elected as provided in section 3.1.1. of the charter and related laws and shall hold his office for a term of four years. He shall give bond in such sum as may be prescribed by ordinance or other State laws, with security, subject to approval by the mayor, conditioned for the faithful performance of his duties. He shall receive such salary as may be prescribed by the mayor and board of aldermen, which salary may be increased or decreased as provided in section 3.1.18 of the charter and related laws. The present city comptroller shall serve as director of finance through July 31, 1969, and his successor shall be elected on the first Monday in June, 1969. Section 16. That section 3.2.2 of volume I of the charter and related laws of the City of Atlanta, as amended, is further amended by striking the language of said section in its entirety and substituting in lieu thereof the following language: The duties of the director of finance shall be such as are now or from time to time in the future may be prescribed by ordinance. The mayor and board of aldermen shall have power to devolve upon the director of finance any duty or authority now or hereafter devolving upon any other officer of said city by charter or law, whenever such action is deemed necessary or proper. The director of finance shall have responsibility for the administration of the financial affairs of the city, including, but not limited to, the following: (a) Compilation of expense and capital estimates for the budget for the finance committee of the board of aldermen.

Page 4185

(b) Supervision and responsibility for disbursements of all monies within budget appropriations of the city. (c) Design, implement and maintain a general accounting and management system for the city government and each of its offices, departments, or agencies and require of any office, employee, department, or agency reports relative to any matter connected with its property, income, appropriations, or expenditures. (d) The collection, where not otherwise provided for by law, of all taxes, special assessments, license fees and other revenues of the city and the receipt of all monies receivable by the city from the State or Federal government, or from any court, or from any office, department or agency of the city, or private individual or corporation. (e) Custody of all public funds of the city and custody of all investments and invested funds of the city or held by the city in a fiduciary capacity. Section 17. That section 3.2.3 of Volume I of the charter and related laws of the City of Atlanta, as amended, is further amended by striking the language of said section which reads as follows: Sec. 3.2.3. To enable the city comptroller to keep a general set of books for said city, and to keep regular and correct accounts, showing the financial transactions of said city, separately and under proper heads, with all persons and city officers, who may have money transactions with said city, and to enable a complete system of checks and balances to be provided, said city may be ordinance provide for the apportionment of the revenue or income of the city each year, to such departments or heads, and to such number of departments or heads, as may be deemed requisite; and said city may by ordinance change the name, number and order of departments or heads for appropriations. The

Page 4186

books kept by the comptroller shall be kept in such manner as to show in detail the receipts and expenditures of each department of the city government. and substituting a new section 3.2.3 as follows: The mayor and board of aldermen shall provide as many deputy directors of finance as may be deemed necessary to perform promptly and efficiently the work in the department of finance. Such deputy directors shall serve under the director of finance or under his direction in the department of finance. Such officers are authorized to perform all the duties of the director of finance and to sign all papers and checks or other negotiable instruments which are legally devolved upon the director of finance. Any person appointed as a deputy director of finance shall give bond in an amount as established by the mayor and board of aldermen for the faithful performance of the duties of his office; the same to be approved by the mayor. All appointments made in conformity with this section shall be exercised in conformity with the civil service laws. The director of finance shall designate one such deputy director as ex-officio marshal and deputy treasurer of the City of Atlanta. Section 18. That sections 2.1.10, 2.3.10, 7.2.9, 7.2.35, 7.2.45, 7.6.9 and 9.2.44 of Volume I of the charter and related laws of the City of Atlanta, as amended, are hereby further amended by striking from said sections wherever they may appear the words city clerk or clerk of the mayor and board of aldermen and substituting in lieu of said words wherever they may appear in said sections the words director of finance. Section 19. That Volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by adding thereto a new section to be known as section 3.2.12 to read as follows: Upon the enactment of this section wherever the words comptroller or city comptroller are used in the charter and related laws and code of ordinances of this city the

Page 4187

same shall be construed to mean the director of finance; including but not limited to sections 9.3.3. and 7.6.47 of the charter. Section 20. That section 9.3.1 of Volume I of the charter and related laws of the city of Atlanta, as amended, is hereby further amended by striking the language of said section in its entirety and substituting in lieu thereof the following language: For the purpose of enabling the mayor and board of aldermen to know at all times the true financial condition of the city, the director of finance shall prepare and file with the city clerk, prior to the second meeting of the board of aldermen in each month, financial statements, showing the gross revenue of the fiscal year, and expenses up to that time, and also the amount of the said several sums estimated as aforesaid, and what part of the same has been up to that time appropriated, and what part remains unappropriated. Section 21. That section 3.1.52 of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking the second sentence of said section which reads as follows: The secretary of said board shall be the city comptroller, ex-officio, and the treasurer thereof shall be the municipal revenue collector, ex-officio treasurer. in its entirety and substituting in lieu thereof a new second sentence to read as follows: In addition to be said seven elected members, the director of finance of the City of Atlanta shall serve as secretary-treasurer of said board and shall be a voting member of said board. Section 22. That a copy of this proposed amendment to the charter and related laws of the City of Atlanta shall be filed in the office of the clerk of the mayor and board of

Page 4188

aldermen and in the office of the clerk of the Superior Court of Fulton County and that the Notice of Proposed Amendment to the Charter and Related Laws of the City of Atlanta, attached hereto, marked Exhibit A and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta or the official organ of Fulton County and that a copy of said advertisement be attached to this ordinance prior to its final adoption by the Mayor and Board of Aldermen. Section 23. All laws or parts of laws in conflict herewith are hereby repealed. Adopted by Board of Aldermen November 18, 1968. Notice of Proposed Amendment to Charter of the City of Atlanta Notice is hereby given that an ordinance has been introduced to amend Section 2.1.10, Section 2.3.10, Section 2.6.1, Section 2.6.4, Section 2.6.5, Section 2.6.6, Section 2.6.7, Section 2.6.8, Section 2.6.9, Section 2.6.10, Section 2.6.12, Section 2.6.13, Section 2.6.14, Section 2.6.15, Section 3.1.52, Section 3.2.1, Section 3.2.2, Section 3.2.3, Section 3.2.5, Section 3.2.6, Section 3.2.7, Section 3.2.8, Section 3.2.9, Section 3.2.10, Section 3.2.11, Section 3.2.12, Section 7.2.9, Section 7.2.35, Section 7.2.45, Section 7.6.9, Section 7.6.47, Section 9.2.44, Section 9.3.1, Section 9.3.3. of Volume I of the charter and related laws of the City of Atlanta of 1965, as amended, to provide for the establishment of director of finance by combining the departments of comptroller and certain of the duties of the city clerk; to provide for the powers, functions, and duties of the office of director of finance; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment to the charter is on file in the office of the city clerk of Atlanta and the office

Page 4189

of the Clerk of the Superior Court of Fulton County, Georgia, for the purpose of examination and inspection by the public. This 22nd day of October, 1968. J. J. Little, City Clerk City of Atlanta Affidavit of Publication: State of Georgia County of Fulton Personally appeared before me, the undersigned notary public H. W. Martin who after being duly sworn states under oath that he is the assistant credit manager of Atlanta Newspapers, Inc., Proprietors of The Atlanta Journal, (Daily, Evening), The Atlanta Constitution, (Daily, Morning) and The Atlanta Journal and the Atlanta Constitution (Sunday), newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Constitution, on October 24, 1968, October 31, 1968, and November 7, 1968. /s/ H. W. Martin Assistant Credit Manager Sworn and subscribed before me, this 7 day of November, 1968. /s/ Anne S. Collins Notary Public. My Commission Expires Feb. 9, 1972. Filed in the Office of the Secretary of State November 22, 1968. Approved November 20, 1968. CITY OF ATLANTASEWER ASSESSMENTS. An Ordinance to amend Volume I of the charter and related laws of the City of Atlanta so as to change the amount of the assessment where sewers are laid in streets; to

Page 4190

provide for one-fourth of the assessment to be paid in cash and the balance to be paid in five equal installments over a period of five years with interest at 7% on the unpaid balance; to repeal conflicting Laws and Ordinances; and for other purposes. Be it and it is hereby Ordained by the Mayor and Board of Aldermen of the City of Atlanta, as follows: Section 1. That section 7.5.7 of Volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking said Section and inserting in lieu thereof a new section, which shall read as follows: In all cases where a sewer shall be laid by or under the authority of said city, in any street, the sum of $4.50 per lineal foot shall be assessed upon the property and estates respectively abutting on said street, on each side of said street in which said sewer is laid or constructed, and in consideration of the payment of said assessment, the owners of said property and estates shall have the right to connect their drains from said abutting property and estates for the discharge of sewage into said sewer. The remaining costs of all sewers not thus assessed shall be paid by said city out of the sewer appropriations for the year. Section 2. That section 7.5.10 of volume I of the charter and related laws of the City of Atlanta, as amended, is hereby further amended by striking said section and inserting in lieu thereof a new section, which shall read as follows: The mayor and board of aldermen are authorized, where sewers are laid in any street and the cost of laying and constructing the same is assessed against the abutting property and estates, to receive payment of any assessment in six (6) installments, to-wit: One-fourth in cash within thirty (30) days of the date of the assessment, the balance in five (5) equal payments, each payment to be evidenced by a promissory note bearing interest at the rate of seven (7%) Percent per annum from the date of the assessment

Page 4191

until paid, the first payment being due one year after the date of the assessment, the second payment being due two years after the date of the assessment, the third payment being due three years after the date of the assessment, the fourth payment being due four years after the date of the assessment and the fifth payment being due five years after the date of the assessment. Said promissory notes shall provide that in the event of default in payment of any note for a period of thirty (30) days, the city shall have the right to declare the balance due on the assessment to be due and payable. Upon default of payment, the city shall have the right to collect the balance due by suit on the promissory note or notes, or in lieu thereof shall have the right to have execution issued against the property for the full balance of the assessment, with interest to date, and proceed to collect the same in the same manner as that now provided for the collection of sewer assessments. The Mayor and Board of Aldermen are further authorized to construct said sewers with city personnel or they, in the name of the City, are further authorized to enter into a contract with one or more private contractors for the construction of said sewers. Section 3. That a copy of the proposed amendment to the charter and related laws of the City of Atlanta of 1965, as amended, shall be filed in the office of the Clerk of the Mayor and Board of Aldermen of the City of Atlanta and in the office of the Clerk of the Superior Court of Fulton County, Georgia, that the Notice of Proposed Amendment to the charter and related laws of the City of Atlanta, attached hereto, marked Exhibit A, and made a part of this ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta or the official organ of Fulton County, and that a copy of the said advertisement be attached to this ordinance prior to its final adoption by the Mayor and Board of Aldermen. Section 4. That the effective date of this ordinance shall be January 1, 1969.

Page 4192

Section 5. That all laws and ordinances or parts of laws and ordinances in conflict herewith be and the same are hereby repealed. Adopted by Board of Aldermen December 16, 1968. Notice of Proposed Amendment to the Charter and Related Laws of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend Section 7.5.7 and Section 7.5.10 of Volume I of the Charter and Related Laws of the City of Atlanta of 1965, as amended, so as to provide for an increase in the assessment for sewers laid in streets and to provide for the payment of such assessments by paying one-fourth of the assessment in cash within thirty days of the date of the assessment and the balance of the assessment to be paid in five equal payments over a period of five years, with interest at 7 pct. per annum on the balance of the assessment: to repeal conflicting laws and ordinances; and for other purposes. The effective date for enforcement shall be January 1, 1969. A copy of the proposed amendment to the Charter is on file in the Office of the City Clerk of Atlanta and in the Office of the Clerk of the Superior Court of Fulton County, Georgia, for the purpose of examination and inspection by the public. This the 5th day of November, 1968. J. J. Little, City Clerk City of Atlanta, Georgia EXHIBIT A Affidavit of Publication. State of Georgia, County of Fulton. Personally appeared before me, the undersigned Notary Public, H. W. Martin, who after being duly sworn states under oath that he is the assistant credit manager of Atlanta

Page 4193

Newspaper, Inc., proprietors of The Atlanta Journal, (Daily, Evening), The Atlanta Constitution, (Daily, Morning) and The Atlanta Journal and The Atlanta Constitution (Sunday), newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Constitution, November 7, 1968, November 14, 1968, and November 21, 1968. /s/ H. W. Martin Assistant Credit Manager Sworn and subscribed before me, this 3rd day of December, 1968. /s/ Anne S. Collins, Notary Public, Georgia, State at Large. My Commission expires Feb. 9, 1972. Filed in the Office of the Secretary of State Dec. 20, 1968. Approved December 18, 1968. CITY OF CLAYTONAD VALOREM TAXATION. An Ordinance of the City of Clayton to amend charter under Municipal home Rule Act of 1965. Georgia Laws of 1965, pages 289-299. By the authority granted to the governing authority of the City of Clayton under the aforesaid act; A motion was made and seconded at a regular meeting of the mayor and council of the City of Clayton on the 11th day of June, 1968, that the following Ordinance amending the charter of the City of Clayton do pass and a vote of the Council was taken and 4 councilmen voted Aye; and 0 councilmen voted Nay; and quorum of said governing authority being present the following ordinance did pass, to-wit:

Page 4194

Be it ordained by the mayor and council of the City of Clayton, Georgia and the same is hereby ordained that the municipal charter of the City of Clayton approved August 17, 1909 (Ga. L. 1909, p. 600), as amended by an act of the General Assembly of Georgia approved August 1, 1921 (Ga. L. 1921, p. 750-800), be and the same is hereby amended in the following particulars: The words one dollar as the same appears in the ninth line of paragraph designated as Sec. 40 on page 777 of the Georgia Laws of 1921 are hereby stricken and repealed and the words and figures Two and 50/100 ($2.50) dollars are hereby inserted in lieu thereof so that said Sec. 40 when so amended shall read as follows: Sec. 40. Be it further enacted by the authority aforesaid, that for the purposes of raising revenue for the support and maintenance of the government of said City of Clayton, the mayor and councilmen shall have full power and authority to levy and collect an ad valorem tax on all property, real and personal, including money, notes, bonds, accounts and every other species of property in said city or owned or held therein, of not exceeding two and 50/100 ($2.50) dollars on each and every hundred dollars of taxable property, exclusive of taxes for public school purposes and other specific tax not necessary in the support and maintenance of the general government of said city; and for the purpose of providing a sinking fund for the purpose of paying the principal on any bonds that may be issued by said city authorities, and to provide for a fund for the payment of any interest on any such bonds a greater ad valorem tax may be levied and collected. Said mayor and councilmen shall have power and authority to provide by ordinances for the return and collection of all taxable property in said city and to provide penalties for neglect or refusal to comply with the same. That the foregoing amendment shall become effective on the first day of August, 1968. Let a notice containing a synopsis of the foregoing amendment be published in The Clayton Tribune, the official organ

Page 4195

of Rabun County, Georgia, being the legal situs of the City of Clayton, once a week for three weeks immediately preceding the regular meeting of the mayor and council of the City of Clayton to be held July 9, 1968, at 7:30 o'clock P.M., being the date and time the final adoption of the foregoing amendment will be considered. Let said notice state that a copy of the proposed amendment is on file in the office of the city clerk of the City of Clayton, Georgia and in the office of the clerk of the Superior Court of Rabun County, Georgia for the purpose of examination and inspection by the public. The foregoing Ordinance passed on this the 11th day of June, 1968, at a regular meeting. /s/ S. B. Parker, Sr. Mayor /s/ Jackson L. Payne /s/ Samuel Foster /s/ G. D. Long /s/ Grace Green Councilmen Seal of City of Clayton Attested By: /s/ Vera P. Mincemoyer City Clerk. Affidavit: Georgia, Rabun County. Personally appeared, R. E. Cross, deponent before the undersigned attesting officer authorized to administer oaths of said State and county, who, after being duly sworn states on oath that the following statement of fact is true: That the deponent is the editor and publisher of the newspaper, the Clayton Tribune, and that the same is the official organ of Rabun County, Georgia published in the

Page 4196

City of Clayton, being the newspaper in which the sheriff's advertisements are regularly published in Rabun County, Georgia and in the City of Clayton, and deponent knows that the following attached notice of amendment to the charter of the City of Clayton, Georgia dated June 11, 1968 and exhibit A attached thereto was published in said newspaper three (3) times as follows; June 20, 1968; June 27, 1968; July 4, 1968. Notice of Amendment to the Charter of the City of Clayton, Georgia. Notice is hereby given as provided by law that the Mayor and Council of the City of Clayton, Georgia have passed an ordinance amending the Charter of the City of Clayton, Georgia, a copy of which is fully set out in the paper hereattached, marked exhibit A and by reference made part hereof, said amendment having been passed at the June 11, 1968 regular meeting of the Mayor and Council. A copy of said proposed amendment is on file in the office of the City Clerk of the City of Clayton, Georgia and a copy of said proposed amendment is on file in the office of the Clerk of the Superior Court of Rabun County, Georgia for the purpose of examination and inspection by the public. The final adoption of said proposed amendment will be considered by the Mayor and Council of said City at its regular meeting to be held July 9, 1968 at 7:30 o'clock P.M., at the City Hall in Clayton, Georgia. This the 11th day of June 1968. Vera Mincemoyer, City Clerk, City of Clayton, Georgia

Page 4197

Exhibit A Ordinance of the City of Clayton to amend charter under Municipal Home Rule Act of 1965. Georgia Laws of 1965, Pages 289-299. By the authority granted to the governing authority of the City of Clayton under the aforesaid act; A motion was made and seconded at a regular meeting of the Mayor and Council of the City of Clayton on the 11th day of June, 1968, that the following Ordinance amending the charter of the City of Clayton do pass and a vote of the Council was taken and 4 Councilmen voted Aye; and 0 Councilmen voted Nay; and a quorum of said governing authority being present the following Ordinance did pass, to-wit: Be it ordained by the Mayor and Council of the City of Clayton, Georgia and the same is hereby ordained that the municipal charter of the City of Clayton approved August 17, 1909 (Ga. Laws 1909, page 600), as amended by an act of the General Assembly of Georgia approved August 1, 1921 (Ga. Laws 1921, pages 750-800), be and the same is hereby amended in the following particulars: The words one dollar as the same appears in the ninth line of paragraph designated as Sec. 40 on page 777 of the Georgia Laws of 1921 are hereby stricken and repealed and the words and figure Two and 50/100 ($2.50) dollars are hereby inserted in lieu thereof so that said Sec. 40 when so amended shall read as follows: Sec. 40. Be it further enacted by the authority aforesaid, that for the purposes of raising revenue for the support and maintenance of the government of said City of Clayton, the Mayor and Councilmen shall have full power and authority to levy and collect, an ad valorem tax on all property, real and personal, including money, notes, bonds, accounts and every other species of property in said city or owned or held therein, of not exceeding two and 50/100 ($2.50) dollars on each and every hundred dollars of taxable property exclusive of taxes for public school purposes and other specific tax not necessary in the support and maintenance

Page 4198

of the general government of said city; and for the purpose of providing a sinking fund for the purpose of paying the principal on any bonds that may be issued by said city authorities, and to provide for a fund for the payment of any interest on any such bonds a greater ad valorem tax may be levied and collected. Said Mayor and Councilmen shall have power and authority to provide by ordinances for the return and collection of all taxable property in said city and to provide penalties for neglect or refusal to comply with the same. That the foregoing amendment shall become effective on the first day August, 1968. Let a notice containing a synopsis of the foregoing amendment be published in The Clayton Tribune, the official organ of Rabun County, Georgia, being the legal situs of the City of Clayton, once a week for three weeks immediately preceding the regular meeting of the Mayor and Council of the City of Clayton to be held July 9, 1968, at 7:30 o'clock P.M., being the date and time the final adoption of the foregoing amendment will be considered. Let said notice state that a copy of the proposed amendment is on file in the Office of the City Clerk of the City of Clayton, Georgia, and in the office of the Clerk of the Superior Court of Rabun County, Georgia for the purpose of examination and inspection by the public. The forgoing Ordinance passed on this the 11th day of June 1968, at a regular meeting. /s/ J. B. Parker, Sr., Mayor /s/ Jackson L. Payne /s/ Samuel Foster Seal of City of Clayton. Attested By: /s/ Vera P. Mincemoyer City Clerk /s/ G. D. Long /s/ Grace Green Councilmen /s/ R. E. Cross Deponent

Page 4199

Sworn to and subscribed before me, this the 9th day of July, 1968. /s/ Knox Bynum, Notary Public, Ga. State at Large. My Commission expires May 30, 1970. City of Clayton, Georgia Meeting of Mayor and Council A motion was made and seconded at the regular meeting of the mayor and council of City of Clayton, on the 9th day of July, 1968, that the foregoing ordinance amending the charter of the City of Clayton do pass and the vote of the Council was taken and 4 Councilmen voted Aye; and 0 councilmen voted Nay; and a quorum of said governing authority being present the foregoing ordinance did pass, and was finally adopted. Ordained this the 9th day of July 1968, at a regular meeting. /s/ J. B. Parker, Sr., Mayor /s/ Sam Foster Attested By: /s/ Vera P. Mincemoyer City Clerk /s/ Jackson L. Payne /s/ Paul Buchanon, Sr. /s/ Grace S. Green Filed in Office of Secretary of State July 16, 1968. CITY OF COLUMBUS ACTING DIRECTOR OF PUBLIC SAFETY. In the event that a situation arises where a Director of Public Safety is not appointed for a period of twelve (12) months, then in such an event the Chief of the Police Department and the Chief of the Fire Department shall have the same powers and duties as to their respective Departments as a Director of Public Safety would have as to said

Page 4200

departments, whether or not an Acting Director of Public Safety has been appointed under the provisions hereof, so that said Section, when thus amended, shall read as follows: Sec. 122. Acting directorAppointment, vacancy in office. The Board of Public Safety, subject to the subsequent approval of the Commission of the City of Columbus, may appoint an Acting Director of Public Safety, with the powers and duties of a regular Director, to act in case of illness or absence of said regular Director; or pending the filling of a vacancy in that office, subject to the provisions of Section 14 (section 119) hereof relating to the duration of such vacancy. In the event that a situation arises where there is neither a Director of Public Safety nor an Acting Director of Public Safety, then, during the period of such situation, the Chief of the Police Department and the Chief of the Fire Department shall have the same powers and duties, as to their respective departments, as existed immediately prior to the time of this amendment being made effective in the manner provided in Section 19 hereof. In the event that a situation arises where a Director of Public Safety is not appointed for a period of twelve (12) months, then in such an event the Chief of the Police Department and the Chief of the Fire Department shall have the same powers and duties as to their respective departments as a Director of Public Safety would have as to said departments, whether or not an Acting Director of Public Safety has been appointed under the provisions hereof. Section 2. That Section 114 of the Charter of the City of Columbus, as codified, the same appearing as Section 3 of Act Number 544 of the Acts of 1946 of the General Assembly of Georgia, be, and the same is hereby amended by adding to the first paragraph the following: In the event the Chief of the Police Department and the Chief of the Fire Department shall have assumed the powers and duties as to their respective departments as a Director of Public Safety would have as to said departments under the provisions of Section 122 of the Charter of the City of Columbus as codified, then in such event the Chief of the Police Department and the Chief of the Fire Department may be appointed

Page 4201

or discharged from their duties only in the same manner as a Director of Public Safety may be appointed or discharged under Section 119 and 120 of the Charter of the City of Columbus as codified, so that said Section, when thus amended, shall read as follows: Sec. 114. Police and fire departmentsControl of, duties. The board herein provided for shall have general and direct control and management of both the police and fire departments of said city. The Chief of Police and the Chief of the Fire Department and all officers, members and employees of said departments shall be appointed by said board to hold their offices and positions at the will of the board, subject to such rules and regulations which the board shall adopt. In the event the Chief of the Police Department and the Chief of the Fire Department shall have assumed the powers and duties as to their respective departments as a Director of Public Safety would have as to said departments under the provisions of Section 122 of the Charter of the City of Columbus as codified, then in such event the Chief of the Police Department and the Chief of the Fire Department may be appointed or discharged from their duties only in the same manner as a Director of Public Safety may be appointed or discharged under Section 119 and 120 of the Charter of the City of Columbus as codified. The officers and members of the police department shall be charged with the enforcement of all laws of the State and all ordinances of said city. The officers and members of the Fire Department shall be charged with the duty of preventing and fighting fires, the enforcement of laws and ordinances designed to prevent fires, and with such other duties as may be assigned to that department by said board. The board may from time to time recommend to the commission the number of officers, members and employees necessary for said two departments, but the commission shall have exclusive power to designate such number and to fix the salaries of the officers, members and employees

Page 4202

of said two departments, as well as to fix the budget and make the necessary appropriation for their support. All purchases for said two departments shall be made through the regular purchasing department of the city upon requisition of the chairman of said board, or, in the absence of the chairman, the vice-chairman. Section 3. That all Ordinances in conflict herewith be, and they are hereby repealed. Section 4. That there is hereto attached, incorporated herein, and made a part hereof, a copy of the notice containing a synopsis of the proposed amendment with the certificate of the publisher of the Columbus-Ledger, the official organ of Muscogee County, in which the City of Columbus is located, said certificate showing the notice was published once a week for three (3) weeks. Said publication was run within a period of sixty (60) days immediately preceding the date of the day for final adoption of this Ordinance. Introduced, read and adopted on first reading by the City Commission of the City of Columbus, held on the 8th day of January, 1968, by affirmative vote of 6 members of the Commission. Mayor Johnson voting Yes. Commissioner Binns voting Yes. Commissioner Gary voting No. Commissioner Hunter voting Yes. Commissioner Patterson voting Yes. Commissioner Register voting Yes. Commissioner Skinner Voting Yes. Introduced, read and adopted on second reading, the same being a regular consecutive meeting to that of the 8th day of January, 1968, aforesaid, by the affirmative vote of 5

Page 4203

members of the Commission, said second reading being read on the 15th day of January, 1968. Mayor Johnson Voting Yes. Commissioner Binns voting Yes. Commissioner Gary voting No. Commissioner Hunter voting Yes. Commissioner Patterson voting Yes. Commissioner Register voting Yes. Commissioner Skinner voting Absent. /s/ B. Ed Johnson, Mayor /s/ Homer A. Davis, City Clerk Notice of Intention to Amend the Charter of the City of Columbus by Ordinance. City of Columbus, Georgia. Notice is hereby given that an Ordinance will be introduced in City Commission of the City of Columbus, to be adopted at two (2) regular consecutive meetings on or before January 24, 1968, said proposed Ordinance amending the Charter of the City of Columbus, by amending Section 122, as codified, by adding thereto the following: In the event that a situation arises where a Director of Public Safety is not appointed for a period of twelve (12) months, then in such an event the Chief of the Police Department and the Chief of the Fire Department shall have the same powers and duties as to their respective Departments as a Director of Public Safety would have as to said departments, whether or not an Acting Director of Public Safety has been appointed under the provisions hereof. Said Section 122 appears as Section 17 of Act Number 9 of the Acts 1951 of the General Assembly of Georgia: Also amending Section 114 of the Charter of the City of Columbus, as codified, by adding to the first paragraph the following: In the event the Chief of the Police Department

Page 4204

and the Chief of the Fire Department shall have assumed the powers and duties as to their respective departments as a Director of Public Safety would have as to said departments under the provisions of Section 122 of the Charter of the City of Columbus as codified, then in such event the Chief of the Police Department and the Chief of the Fire Department may be appointed or discharged from their duties only in the same manner as a Director of Public Safety may be appointed or discharged under Section 119 and 120 of the Charter of the City of Columbus as codified. Said Section 114 appears as Section 3 of Act Number 544 of the Acts of 1946 of the General Assembly of Georgia. A copy of the proposed amendment to the Charter of the City of Columbus is on file in the office of the City Clerk of the City of Columbus, and also on file in the office of the Clerk of the Suuperior Court of Muscogee County, Georgia, for the purpose of examination, and inspection by the public. This the 25 day of November, 1967. /s/ Lennie F. Davis, City Attorney City of Columbus, Georgia Georgia, Muscogee County. Personally appeared before me, the undersigned attesting witness, a notary public in and for Muscogee County, Georgia, Maynard R. Ashworth, who on oath, deposes and says that he is the publisher of the Columbus-Ledger, the newspaper published in the City of Columbus, Muscogee County, Georgia, the official organ of Muscogee County, and that the foregoing and attached notice was duly published once a week for three (3) weeks, to-wit: December 9, 1967, December 16, 1967, December 23, 1967. /s/ Maynard R. Ashworth

Page 4205

Sworn to and subscribed before me, this the 30th day of December, 1967. /s/ Wallace A. Kitchen Notary Public, Muscogee County, Georgia. My Commission expires February 10, 1970. Georgia, Muscogee County. Personally appeared before the undersigned attesting officer, John W. Bloodworth, Clerk of Superior Court, who on oath says that a copy of the foregoing ordinance to amend the charter of the City of Columbus, was filed in his office on the 25th day of November, 1967 for the purpose of examination and inspection by the public. John W. Bloodworth, Clerk. Sworn to and subscribed before me, this the 29 day of Dec., 1967. Elizabeth Ralston, Deputy Clerk Superior Court Georgia, Muscogee County. Personally appeared before the undersigned attesting officer, Homer A. Davis, city clerk, who on oath says that a copy of the foregoing ordinance to Amend the charter of the City of Columbus, was filed in his office on the 25 day of November, 1967 for the purpose of examination and inspection by the public. /s/ Homer A. Davis, City Clerk Sworn to and subscribed before me, this the 29 day of December, 1967. /s/ Syble R. Allison, Notary Public, Muscogee County, Georgia. Filed in the Office of Secretary of State January 17, 1968.

Page 4206

CITY OF COLUMBUSPURCHASE PRICE OF MOTOR FUEL. An Ordinance to amend section 24 of the charter of the City of Columbus, as amended, said section 24 appearing as paragraph 1, 1A of Act Number 470 of the Acts of 1946 of the General Assembly of Georgia, by adding to the first paragraph of said section provision for the payment of motor fuel taxes, paid as part of the purchase of gasoline or motor fuel. Be it Ordained by the city commission of the City of Columbus, Georgia: Section 1. That section 24 of the charter of the City of Columbus, as codified, the same appearing as section 1, 1A, of Act Number 470 of the Acts of 1946 of the General Assembly of Georgia, as amended, be, and the same is hereby further amended by adding to the first paragraph thereof the following: Motor fuel taxes paid as part of the purchase of gasoline is hereby authorized to be paid and shall be considered as part of the purchase price of such motor fuel, so that said section 24, when thus amended, shall read as follows: Sec. 24. Public utilities, relevant powers. The City of Columbus shall have the power to furnish all public service, wholly within or wholly without the city, or partially within and partially without the city; to purchase, hire, construct, own, maintain, and operate or lease public utilities, wholly within or wholly without the city, or partially within and partially without the city; to acquire by condemnation or otherwise, wholly within or wholly without the city, or partially within or partially without the city, land and property (including franchises), or any part thereof, necessary for such public service; and this power, by condemnation or otherwise, shall extend to the land and properties (including franchises), or any part thereof, of utilities now or hereafter existing and devoted to public use, provided however, the city shall have the right to operate beyond its corporate boundaries only so long as the city is not obligated

Page 4207

to pay licenses or taxes of any sort whatsoever to any state, county, or municipality in which such services are furnished. Motor fuel taxes paid as part of the purchase of gasoline is hereby authorized to be paid and shall be considered as part of the purchase price of such motor fuel. Before the City of Columbus shall be authorized to condemn properties of public utilities referred to in Section 1 (this section) hereof, such condemnation must be authorized by a majority of the registered voters voting at an election held for such purposes in said city, and provided further, that a majority of the registered voters of said City shall vote in said election. Such election shall be held in compliance with Article 7, Section 7, Paragraph 5 of the Constitution, Section 3 (7), of 1921 Act, and the applicable statutory laws of this State. Section 2. That all ordinances in conflict herewith be, and they are hereby repealed. Section 3. That there is hereto attached, incorporated herein, and made a part hereof, a copy of the notice containing a synopsis of the proposed amendment with the certificate of the publisher of the Columbus-Ledger, the official organ of Muscogee County, in which the City of Columbus is located, said certificate showing the notice was published once a week for three (3) weeks. Said publication was run within a period of sixty (60) days immediately preceding the date for final adoption of this Ordinance. Introduced, read and adopted on first reading by the City Commission of the City of Columbus, held on the 20th day of

Page 4208

May, 1968, by affirmative vote of 7 members of the Commission. Mayor Johnson voting Yes. Commissioner Binns voting Yes. Commissioner Gary Voting Yes. Commissioner Hunter voting Yes. Commissioner Patterson voting Yes. Commissioner Register voting Yes. Commissioner Skinner voting Yes. Introduced, read and adopted on second reading, the same being a regular consecutive meeting to that of the 20th day of May, 1968, aforesaid, by the affirmative vote of 7 members of the Commission, said second reading being read on the 27th day of May, 1968. Mayor Johnson voting Yes. Commissioner Binns voting Yes. Commissioner Gary voting Yes. Commissioner Hunter voting Yes. Commissioner Patterson voting Yes. Commissioner Register voting Yes. Commissioner Skinner voting Yes. /s/ B. Ed Johnson, Mayor /s/ Homer A. Davis, City Clerk Notice of Intention to Amend the Charter of the City of Columbus by Ordinance. City of Columbus, Georgia. Notice is hereby given that an Ordinance will be introduced in City Commission of the City of Columbus, to be adopted at two (2) regular consecutive meetings on or before

Page 4209

July 1, 1968, said proposed Ordinance amending the Charter as codified by adding to the first paragraph of section 4 of the Charter as codified provision for the payment of motor fuel taxes paid as part of the purchase of gasoline or motor fuel, said Section 24 appearing as paragraph 1, 1A of Act Number 470 of the Acts of 1946 of the General Assembly of Georgia: A copy of the proposed amendment to the Charter of the City of Columbus is on file in the office of the City Clerk of the City of Columbus, and also on file in the office of the Clerk of the Superior Court of Muscogee County, Georgia, for the purpose of examination and inspection by the public. This the 26 day of April, 1968. Lennie F. Davis City Attorney City of Columbus, Georgia Georgia, Muscogee County. Personally appeared before me, the undersigned attesting witness, a notary public in and for Muscogee County, Georgia, Maynard R. Ashworth, who on oath, deposes and says that he is the publisher of the Columbus-Ledger, the newspaper published in the City of Columbus, Muscogee County Georgia, the official organ of Muscogee County, and that the foregoing and attached notice was duly published once a week for three (3) weeks, to-wit: May 1, 8, 15, 1968. /s/ Maynard R. Ashworth Sworn to and subscribed before me, this the 17th day of May, 1968. /s/ Wallace A. Kitchen, Notary Public, Muscogee County, Georgia. My Commission expires February 10, 1970.

Page 4210

Georgia, Muscogee County. Personally appeared before the undersigned attesting officer, John W. Bloodworth, Clerk of Superior Court, who on oath says that a copy of the foregoing ordinance to amend the charter of the City of Columbus, was filed in his office on the 26th day of April, 1968, for the purpose of examination and inspection by the public. John W. Bloodworth, Clerk. Sworn to and subscribed before me, this the 26 day of April, 1968. /s/ Hazel R. Jones, Notary Public, Muscogee County, Georgia. My Commission expires August 16, 1969. Georgia, Muscogee County. Personally appeared before the undersigned attesting officer, Homer A. Davis, City Clerk, who on oath says that a copy of the foregoing Ordinance to Amend the Charter of the City of Columbus, was filed in his office on the 26 day of April, 1968, for the purpose of examination and inspection by the public. Homer A. Davis, City Clerk Sworn to and subscribed before me, this the 26 day of April, 1968. /s/ Hazel R. Jones, Notary Public, Muscogee County, Georgia. My Commission expires August 16, 1969. Filed in Office of Secretary of State June 4, 1968. CITY OF COLUMBUSBOARD OF PUBLIC SAFETY. An Ordinance to amend the charter of the City of Columbus, amending section 110 of the charter, as codified, so as to allow a member of the board of public safety to serve two (2) full consecutive terms on the board of public safety,

Page 4211

said section 110 appearing as section 2 of the Act Number 544 of the Acts of 1946 of the General Assembly of Georgia, said section having been amended by Ordinance number 66-38 adopted on February 21, 1966. Be it ordained by the city commission of the City of Columbus, Georgia: Section 1. That section 110 of the charter of the City of Columbus, as codified, the same appearing as section 2 of Act Number 544 of the Acts of 1946 of the General Assembly of Georgia, the same having been amended by ordinance Number 66-38 adopted February 21, 1966, be, and the same is hereby further amended by deleting from the fourth paragraph of said section, the words a full term and substituting in lieu thereof the words two (2) full terms and by deleting the last word of said fourth paragraph term and substituting in lieu thereof the word terms, so that when said fourth paragraph is thus amended, shall read as follows: A member of the board, after serving two (2) full terms shall not be eligible to succeed himself as a member of the board until the lapse of twelve months from the end of said terms. Section 2. That all ordinances in conflict herewith be, and they are hereby repealed. Section 3. That there is hereto attached, incorporated herein, and made a part hereof, a copy of the notice containing a synopsis of the proposed amendment with the certificate of the publisher of the Columbus-Ledger, the official organ of Muscogee County, in which the City of Columbus is located, said certificate showing the notice was published once a week for three (3) weeks. Said publication was run within a period of sixty (60) days immediately preceding the date of the day for final adoption of this Ordinance. Introduced, read and adopted on first reading by the City Commission of the City of Columbus, held on the 27th day

Page 4212

of May, 1968, by affirmative vote of 4 members of the Commission. Mayor Johnson voting Yes. Commissioner Binns voting Yes. Commissioner Gary voting No. Commissioner Hunter voting Yes. Commissioner Patterson voting Yes. Commissioner Register voting No. Commissioner Skinner voting No. Introduced, read and adopted on second reading, the same being a regular consecutive meeting to that of the 27th day of May, 1968, aforesaid, by the affirmative vote of 4 members of the Commission, said second reading being read on the 3rd day of June, 1968. Mayor Johnson voting Yes. Commissioner Binns voting Yes. Commissioner Gary voting No. Commissioner Hunter voting Yes. Commissioner Patterson voting Yes. Commissioner Register voting No. Commissioner Skinner voting No. /s/ B. Ed Johnson, Mayor /s/ Homer A. Davis, City Clerk Georgia, Muscogee County. Notice of Intention to Amend the Charter of the City of Columbus by Ordinance. City of Columbus, Georgia. Notice is hereby given that an Ordinance will be introduced in City Commission of the City of Columbus, to be

Page 4213

adopted at two (2) regular consecutive meetings on or before July 1, 1968, said proposed Ordinance amending the Charter of the City of Columbus, amending Section 110 of the Charter, as codified, so as to allow a member of the Board of Public Safety to serve two (2) full consecutive terms on the Board of Public Safety, said Section 110 appearing as Section 2 of the Act number 544 of the Acts of 1946 of the General Assembly of Georgia, said Section having been amended by Ordinance Number 66-38 adopted on February 21, 1966. A copy of the proposed amendment to the Charter of the City of Columbus is on file in the office of the City Clerk of the City of Columbus, and also on file in the office of the Clerk of the Superior Court of Muscogee County, Georgia, for the purpose of examination and inspection by the public. This the 26 day of April, 1968. Lennie F. Davis City Attorney City of Columbus, Georgia Personally appeared before me, the undersigned attesting witness, a notary public in and for Muscogee County, Georgia, Maynard R. Ashworth, who on oath, deposes and says that he is the publisher of the Columbus-Ledger, the newspaper published in the City of Columbus, Muscogee County, Georgia, the official organ of Muscogee County, and that the foregoing and attached notice was duly published once a week for three (3) weeks to-wit: May 1, 8, 15, 1968. /s/ Maynard R. Ashworth Sworn to and subscribed before me, this the 17th day of May 1968. /s/ Wallace A. Kitchen, Notary Public, Muscogee County, Georgia. My Commission expires Feb. 10, 1970.

Page 4214

Georgia, Muscogee County. Personally appeared before the undersigned attesting officer, John W. Bloodworth, Clerk of the Superior Court, who on oath says that a copy of the foregoing Ordinance to Amend the Charter of the City of Columbus, was filed in his office on the 26th day of April, 1968, for the purpose of examination and inspection by the public. /s/ John W. Bloodworth, Clerk Sworn to and subscribed before me, this the 26 day of April, 1968. /s/ Hazel R. Jones, Notary Public, Muscogee County, Georgia. My Commission expires August 16, 1969. Georgia, Muscogee County. Personally appeared before the undersigned attesting officer, Homer A. Davis, city clerk, who on oath says that a copy of the foregoing ordinance to amend the charter of the City of Columbus, was filed in his office on the 26th day of April, 1968, for the purpose of examination and inspection by the public. /s/ Homer A. Davis, City Clerk Sworn to and subscribed before me, this the 26 day of April, 1968. /s/ Hazel R. Jones, Notary Public, Muscogee County, Georgia. My Commission expires August 16, 1969. Filed in Office of Secretary of State June 10, 1968.

Page 4215

CITY OF GRIFFINEMPLOYEES RETIREMENT. An Ordinance to amend Section 92, Griffin Retirement Pensions, of the charter of the City of Griffin so as to add a new section providing that retirement is mandatory for all employees upon attaining age sixty-five (65); to provide that retirement is mandatory for all policemen and firemen, except those assigned to clerical duties, and for all members of electric line crews upon attaining age sixty-two (62); to provide that monthly benefits for retired employees shall be an amount equal to the product of five ($5.00) dollars and the number of years (including fractions of a year to the nearest month) of active service in the employ of the city at the time of such retirement; to provide for a reduced retirement for employees becoming totally and permanently disabled after five (5) years of service; to provide for optional retirement benefits which are actuarially equivalent to normal retirement benefits and to provide that if any employee becomes eligible for retirement who has not made all required employee contributions, such employee shall be required to refund such deficient contributions with interest to the Fund over a period of sixty (60) months following his retirement; to provide effective date; and to repeal conflicting charter and ordinance provisions and for other purposes. Be it enacted by the board of commissioners of the City of Griffin as follows: Section 1. Section 92 (2) of the charter of the City of Griffin (Griffin Retirement Pensions) is hereby amended by adding at the end thereof a new sentence which shall read as follows: Every employee shall retire not later than the date on which he attains sixty-five (65) years of age, and every policeman and fireman, except those assigned to clerical duties, and members of electric line crews shall retire not later than the date on which he attains sixty-two (62) years

Page 4216

of age; provided no policeman or fireman shall be reassigned to clerical duties so as to extend the date of his mandatory retirement. Section 2. Section 92 (3) and (4) of the charter of the City of Griffin (Griffin Retirement Pensions) are hereby deleted in their entirety and new sub-sections (3), (4) and (4a) are hereby inserted in lieu thereof so that such sub-sections when so amended shall read as follows: (3) When an employee shall be retired as provided in Section 2 of this Act as amended above, he shall be paid monthly from said Fund an amount equal to the product of five ($5.00) dollars and the number of years (including fractions of a year to the nearest month) of active service in the employ of the city at the time of such retirement. (4) Should an employee of the city become totally and permanently disabled and be incapacitated of self-support after five (5) years of service with the City, he shall be paid monthly from the Fund, for the remainder of his life or until revoked by the Trustees as provided in sub-section (14), an amount calculated as in sub-section (3) above, and without regard to additional limitations imposed by sub-section (2). (4a) The normal form of retirement benefit provided in sub-section (2) and (3) above will be a five (5) year certain and life benefit. In lieu of the normal form of benefit an employee may, by proper application to the Board of Trustees, elect to receive a retirement benefit according to one of the following Options: Option 1: Joint and Survivor Option. A decreased retirement benefit which shall be payable to the participant for life and shall continue after his death to the surviving Joint Annuitant in the same manner or in such smaller amount as the Participant may designate. The election of this option shall be null and void if either the participant or his joint Annuitant die before benefits commence.

Page 4217

Option 2: Period Certain and Life Option. A decreased retirement benefit commencing on the date of retirement and payable on the first day of each month during the lifetime of the participant; provided however, that should the participant die prior to having received an elected number of guaranteed monthly retirement payments (i.e., 120, 180, etc), such remaining guaranteed payments shall continue to the participant's designated beneficiary. Option 3: Social Security Option. An increased retirement benefit payable to the participant during his lifetime until his retirement benefits commence under the Federal Social Security Act and a reduced retirement benefit payable thereafter for life in order to have a more level retirement income when such reduced retirement benefit is added to his primary benefits under the Federal Social Security Act. The exact amount of benefit shall be based upon estimated primary benefits under the Federal Social Security Act determined as of his early retirement date. The amount of any optional retirement benefit set forth above shall have the same actuarial value as the amount of benefit that would otherwise be payable to the Participant under subsections (2) or (3) according to mortality and interest tables adopted by the board of trustees. The election of an optional form of benefit payment will in no way affect the discontinuance of payments in accordance with Sub-section (14). Section 3. Section 92 (7) of the charter of the City of Griffin (Griffin Retirement Pensions) is hereby amended by adding a new sentence at the end thereof to read as follows: If an employee becomes eligible for retirement except that he has not made all of the contributions required by the terms of this Act, such employee may nevertheless retire but shall be required to refund such deficient contributions together with compound interest to the fund in equal monthly installments over a period of sixty (60) months following his retirement, but any member whose retirement benefits

Page 4218

terminate before the expiration of sixty (60) months from his retirement by reason of having chosen an optional retirement benefit not including at least five (5) years certain and by reason of his death and the death of the surviving Joint Annuitant, if any, shall not be required to refund the remainder of such deficient contributions remaining unpaid at the time all rights to further benefits from the Fund have ceased. Section 4. Section 92 (7) of the charter of the City of Griffin is hereby amended by striking therefrom the following: An employee receiving a salary or wage of more than two hundred dollars ($200.00) per month shall be assessed on two hundred dollars ($200.00) only and receive benefits on the two hundred dollars ($200.00), not to exceed one hundred dollars ($100.00) per month, plus two percent (2%) of said retirement pay for each full year of service beyond twenty-five (25) years until the employee has reached the age of fifty-five (55) years. and by substituting in lieu thereof the following: An employee receiving a salary or wage of more than two hundred dollars ($200.00) per month shall be assessed on two hundred ($200.00) only. Section 5. The effective date of this ordinance shall be July 1, 1968. Georgia, Spalding County. Personally appeared before the undersigned officer, duly authorized to administer oaths, Quimby Melton, Jr., who upon oath, says that he is the duly authorized agent of Quimby Melton, Sr., and that the said Quimby Melton, Sr. is the publisher of a newspaper known as the Griffin Daily News, the official newspaper of Spalding County, Georgia, and certifies that the within notice of home rule amendment was published in the Griffin Daily News on April 1, 1968, April 8, 1968 and April 15, 1968. This 6th day of June, 1968. /s/ Quimby Melton, Jr.

Page 4219

Sworn to and subscribed before me this 6 day of June, 1968. /s/ Frances H. Bolton, Notary Public, Spalding County, Georgia. Notice. Please take notice that pursuant to The Municipal Home Rule Act of 1965 (Georgia Code sections 69-1015 through 69-1020) the board of commissioners of the City of Griffin will consider at the regular city commission meetings of April 23 and May 14, 1968, a proposed ordinance to amend the municipal charter of the City of Griffin, as follows: So as to add a new section providing that retirement is mandatory for all employees upon attaining age sixty-five (65); to provide that retirement is mandatory for all policemen and firemen, except those assigned to clerical duties, and for all members of electric line crews upon attaining age sixty-two (62); to provide that monthly benefits for retired employees shall be an amount equal to the product of five ($5.00) dollars and the number of years (including fractions of a year to the nearest month) of active service in the employ of the city at the time of such retirement; to provide for a reduced retirement for employees becoming totally and permanently disabled after five (5) years of service; to provide for optional retirement benefits which are actuarially equivalent to normal retirement benefits and to provide that if any employee becomes eligible for retirement who has not made all required employee contributions, such employee shall be required to refund such deficient contributions with interest to the Fund over a period of sixty (60) months following his retirement; to provide effective date; and to repeal conflicting charter and ordinance provisions and for other purposes. A copy of the proposed amendment is on file in the office of the clerk of the board of commissioners of the City of Griffin (City Manager) at city hall and in the office of the clerk of the Superior Court of Spalding County, Georgia, at

Page 4220

the courthouse and may be examined and inspected by the public at either place. The city manager shall furnish anyone, upon written request, a copy of the proposed amendment. Ordered published by resolution regularly adopted this March 26, 1968 by the board of commissioners of the city of Griffin. City of Griffin, Georgia By: Kimsey R. Stewart, Mayor Attest: J. S. Langford, Clerk Filed in Office of Secretary of State June 10, 1968.

Page 4221

VETOES (1969-1970 Session) Veto No. Bill No. Subject Veto Date No. 1 SB 112 Creating a Board of Commissioners of Rabun County. 2-25-69 No. 2 HB 12 Amending an Act establishing the Employees' Retirement System of Georgia. 3-21-69 No. 3 HB 81 Motor Fuel Taxes (Distributors). 4-2-69 No. 4 HB 436 Rural Roads Authority-Right of way and property 4- 2-69 No. 5 HB 435 City of Macon: Authority to levy taxes 4-15-69 No. 6 HB 366 Public Utilities: Fixing of rates. 4-18-69 No. 7 HB 742 Town of Newborn: Mayor and Councilmen 4-18-69 No. 8 HB 537 City of East Point: Relating to employees. 4-18-69 No. 9 SB 196 Fannin County: Ordinarysalary. 4-21-69 No. 10 SB 197 Fannin County: Clerk of Superior Courtsalary. 4-21-69 No. 11 HB 11 Budget procedures: Institute new program. 4-28-69 No. 12 HB 630 City of Atlanta: Fees for admission to zoo. 4-28-69 No. 13 HB 760 Bibb County: Bond of the Clerk; fines, costs, etc. 4-28-69 No. 14 HB 999 Electronic data processing: Policy and evaluation Committee. 4-28-69 No. 15 SB 51 Holidays: Public and legal; change time. 4-28-69 No. 16 SB 100 City and Civil Court of Fulton County: Vacancies in office of Judge. 4-28-69 No. 17 SB 136 Criminal cases: Felonies, jury render verdict. 4-28-69 No. 18 SB 162 Atlanta Rapid Transit Authority: Contract with. 4-29-69 No. 19 SB 179 Minors: Treatment for venereal disease-consent. 4-29-69 No. 20 HB 264 Day Care Centers: Retarded individuals. 4-29-69 No. 21 HB 323 City of College Park: Sale of alcoholic beverages 4-30-69 No. 22 HB 445 Atlanta Housing Authority: Additional members. 4-30-69 No. 23 HB 804 Alcoholic beverages: Licenses, sale by the drink. 4-30-69 No. 24 HB 814 Alcoholic beverages: Population requirements 4-30-69 No. 25 SB 171 Criminal cases: Defendants incarceration. 4-30-69 No. 26 HB 607 Georgia Industrial Loan Act: Taxationmethod of remitting. 4-30-69 No. 27 SB 176 City of Alpharetta: Corporate limits. 4-30-69 No. 28 SB 246 Georgia LawsSecretary of State: Lawyers Public Officials. 4-30-69

Page 4223

COUNTIES AND SUPERIOR COURT CIRCUITS

Page 4224

SUPREME COURT OF GEORGIA W. H. DUCKWORTH Chief Justice BOND ALMAND Presiding Justice CARLTON MOBLEY Presiding Justice BENNING M. GRICE Associate Justice H. E. NICHOLS Associate Justice HIRAM K. UNDERCOFLER Associate Justice JOHN E. FRANKUM Associate Justice ROBERT H. BRINSON, JR. Law Assistant WILLIAM C. TALMADGE Law Assistant MISS MAUD SAUNDERS Law Assistant MRS. JOLINE B. WILLIAMS Law Assistant BEN G. ESTES Law Assistant MRS. EFFIE A. MAHAN Law Assistant H. GRADY ALMAND, JR. Law Assistant HENRY H. COBB Clerk MRS. EVA F. TOWNSEND Deputy Clerk MRS. CARRIE L. BELL Deputy Clerk GEORGE H. RICHTER, JR. Reporter GUY M. MASSEY Asst. Reporter A. BROADDUS ESTES Sheriff COURT OF APPEALS OF GEORGIA JULE W. FELTON Chief Judge JOHN SAMMONS BELL Presiding Judge ROBERT H. JORDAN Presiding Judge ROBERT H. HALL Judge HOMER C. EBERHARDT Judge CHARLES A. PANNELL Judge BRASWELL D. DEEN, JR. Judge J. KELLEY QUILLIAN Judge GEORGE P. WHITMAN, SR. Judge CHARLES N. HOOPER Law Assistant EUGENE HIGHSMITH Law Assistant JOHN ANDY SMITH, JR. Law Assistant MRS. HELEN T. HARPER Law Assistant JULIAN H. STEWART Law Assistant LOUIS A. PEACOCK Law Assistant MISS ALFREDDA SCOBEY Law Assistant T. MIL CLYBURN, JR. Law Assistant MARSHALL HELMS Law Assistant MORGAN THOMAS Clerk MISS EDNA EARL BENNETT Deputy Clerk GEORGE H. RICHTER, JR. Reporter GUY M. MASSEY Asst. Reporter

Page 4225

JUDGES, DISTRICT ATTORNEYS, AND CALENDAR ALAPAHA CIRCUIT. HON. H. W. LOTT, Judge, Lenox, Ga. VICKERS NEUGENT, D. A., Austin St., Pearson. AtkinsonThird Monday in February; fourth Monday in October. BerrienFirst Monday in January; second Monday in September. ClinchFirst Mondays in March and October. CookFirst Mondays in February and November. LanierFourth Mondays in February and November. ATLANTA CIRCUIT. HONS. CLAUDE D. SHAW, Chief Judge, LUTHER ALVERSON, SAM P. McKENZIE, DURWOOD T. PYE, J. C. (JEP) TANKSLEY, JACK P. ETHERIDGE, CHARLES A. WOFFORD, LLOYD ELMO HOLT, OSGOOD O. WILLIAMS, Judges, Atlanta. LEWIS R. SLATON, D.A., Atlanta. FultonFirst Mondays in January, March, May, July, September, and November. ATLANTIC CIRCUIT. HON. PAUL E. CASWELL, Judge, Hinesville. J. MAX CHENEY, D.A., Reidsville. BryanThird Monday in March; first Monday in November. EvansFirst Mondays in April and October. LibertyThird Mondays in February and September. LongFirst Mondays in March and September. McIntoshFourth Mondays in February and May; second Monday in September; first Monday in December. TattnallThird Mondays in April and October.

Page 4226

AUGUSTA CIRCUIT. HONS. F. FREDRICK KENNEDY, JOHN F. HARDIN, WILLIAM M. FLEMING, JR., Judges, Augusta. R. WILLIAM BARTON, D.A., Augusta. BurkeFourth Mondays in April and October. ColumbiaFourth Mondays in March and September. RichmondThird Mondays in January, March, May, July, September and November. BLUE RIDGE CIRCUIT. HONS. SAM P. BURTZ, Judge, Canton. MARION T. POPE, JR., P. O. Box 589, Canton. C. B. (BUTCH) HOLCOMB, D.A., P. O. Box 248, Canton. CherokeeThird Monday in January; first Monday in May; second Monday in September. FanninThird Monday in April and 4th Monday in August; first Monday in December. ForsythFourth Mondays in March and July; second Monday in November. GilmerThird Monday in May; fourth Monday in October. PickensSecond Monday in March; fourth Monday in September. BRUNSWICK CIRCUIT. HONS. WINEBERT DAN FLEXER, Judge, Brunswick. JACK W. BALLENGER, Judge, Rt. 2, Baxley. GLENN THOMAS, JR., D.A., P. O. Box 416, Jesup. ApplingSecond and third Mondays in February; third and fourth Mondays in October. CamdenFirst Mondays in April and November; third Monday in June. GlynnSecond Mondays in January, May, and September. Jeff DavisFirst and second Mondays in March, June, and December; fourth Monday in September; first Monday in October. WayneThird and fourth Mondays in April and November; fourth Mondays in January and June.

Page 4227

CHATTAHOOCHEE CIRCUIT. HONS. J. ALVAN DAVIS Judge, P. O. Box 789, Columbus, JOHN H. LAND, Judge, R.F.D., Whitesville Rd., Columbus. W. B. SKIPWORTH, JR., D.A., P.O. Box 1867, Columbus. ChattahoocheeFourth Mondays in March and September. HarrisSecond Mondays in January, May and September. MarionFourth Mondays in April and October. MuscogeeFirst Mondays in February, April, June, August, October and December. TalbotSecond Mondays in March and November; third Monday in August. TaylorFirst and second Mondays in January and July. CHEROKEE CIRCUIT HON. JEFFERSON L. DAVIS, Judge, Box 128, Cartersville. DAVID N. VAUGHAN, JR., D.A., Cartersville. BartowFirst Mondays in February and August; fourth Mondays in April and October. GordonFirst Mondays in March and September; fourth Mondays in May and November. CLAYTON CIRCUIT. HONS. HAROLD BANKE, Judge,% Courthouse, Jonesboro. EDWIN S. KEMP, Judge, Jonesboro. H. E. BROWN, D.A., Jonesboro. ClaytonFirst Mondays in February, May, August and November. COBB CIRCUIT. HONS. HOWELL COBB RAVEN, Judge, Marietta. LUTHER C. HAMES, Judge, Marietta. BEN F. SMITH, D.A., Marietta. CobbSecond Mondays in January, March, May, July, September and November.

Page 4228

CONASAUGA CIRCUIT. HON. ROBERT VINING, JR., Judge, Dalton. ROBERT B. ADAMS, D.A., Dalton. MurraySecond Mondays in February and October; fourth Monday in May; first Monday in August. WhitfieldSecond Mondays in January, July and September; first Mondays in March, May and November. CORDELE CIRCUIT. HON. WILLIAM LEROY McMURRAY, JR., Judge, P. O. Box 555, Cordele. D. E. TURK, D.A., Abbeville. Ben HillSecond and third Mondays in January, April, July, and October. CrispFourth Mondays and the Mondays following in January, April, July, and October. DoolySecond and third Mondays in February, May, August, and November. WilcoxFirst Monday in March; fourth Mondays in June and November, and the Mondays following each of them. COWETA CIRCUIT. HON. LAMAR KNIGHT, Judge, P. O. Box 315, Carrollton. ELDRIDGE FLEMING, D.A., Hogansville. CarrollFirst Mondays in April and October. CowetaFirst Monday in March; first Tuesday in September. HeardThird Mondays in March and September. MeriwetherThird Mondays in February, May, August, and November. TroupFirst Mondays in February, May, August, and November. DOUGHERTY CIRCUIT. HON. ASA D. KELLEY, JR., Judge, Albany. ROBERT W. REYNOLDS, D.A., 230 Pine Ave., Albany. DoughertySecond Mondays in January, March, May, July, September, and November.

Page 4229

DUBLIN CIRCUIT. HON. W. H. (BILL) WHITE, Judge, Dublin. N. G. REEVES, JR., D.A., Soperton. JohnsonThird Mondays in March, June, September, and December. LaurensFourth Mondays in January, April, July and October. TreutlenThird Mondays in February and August. TwiggsSecond Mondays in January, April, July, and October. EASTERN CIRCUIT. HONS. DUNBAR HARRISON, EDWIN A. McWHORTER, B. B. HEERY, Judges, Savannah. ANDREW JOE RYAN, JR., D.A., Savannah. ChathamFirst Mondays in March, June, September and December. FLINT CIRCUIT. HON. HUGH D. SOSEBEE, Judge, Forsyth. EDWARD E. McGARITY, D.A., P. O. Box 471, McDonough. ButtsFirst and second Mondays in February and November; first Monday in May; third and fourth Mondays in August. HenrySecond, third and fourth Mondays in January, April, July, and October. LamarFirst and second Mondays in March, June, and December; second and third Mondays in September. MonroeThird and fourth Mondays in February, May and November; first and second Mondays in August. GRIFFIN CIRCUIT. HON. ANDREW J. WHALEN, JR., Judge, Griffin. CLAUDE CHRISTOPHER, D.A., Griffin. FayetteFirst and second Mondays in March; second and third Mondays in September. PikeThird and fourth Mondays in February and November, fourth Monday in July; first Monday in August. SpaldingFirst and second Mondays in February and October; third and fourth Mondays in June. UpsonThird and fourth Mondays in March and August; first and second Mondays in November.

Page 4230

GWINNETT CIRCUIT. HON. CHAS. C. PITTARD, Judge, Duluth. REID MERRITT, D.A., P. O. Box 352, Lawrenceville. GwinnettFirst Mondays in January, March, May, July and November; second Monday in September. LOOKOUT MOUNTAIN CIRCUIT. HONS. ROBERT E. (BOB) COKER, Judge, LaFayette; PAUL W. (JOHNNY) PAINTER, Judge, Rossville. EARL B. (BILL) SELF, D.A., P. O. Box 192, Summerville. CatoosaFirst Monday in March; second Monday in September. ChattoogaFirst Mondays in February and August. DadeFirst Monday in April; second Monday in October. WalkerFirst Mondays in May and November. MACON CIRCUIT. HONS. HAL BELL, C. CLOUD MORGAN, GEORGE B. CULPEP-PER, III, Judges, Macon. JACK J. GAUTIER, D.A., Macon. BibbFirst Mondays in February, April, June, August, October, and December. CrawfordThird and fourth Mondays in March and October. HoustonFirst Mondays in February, May, and November; third Monday in August. PeachFirst and second Mondays in March and August; third and fourth Mondays in November. MIDDLE CIRCUIT. HON. WALTER C. McMILLAN, JR., Judge, P. O. Box 286, Sandersville. H. REGINALD THOMPSON, D. A., Swainsboro. CandlerFirst and second Mondays in February and August. EmanuelSecond Mondays in January, April, July and October. JeffersonSecond Mondays in May and November. ToombsFourth Mondays in February, May, August, and November. WashingtonFirst Mondays in March, June, September and December.

Page 4231

MOUNTAIN CIRCUIT. HON. LAMAR N. SMITH, Judge, P. O. Box 345, Toccoa. HERBERT B. KIMZEY, D. A., P. O. Box 38, Cornelia. HabershamFirst Mondays in February and November; third Monday in June. RabunFourth Mondays in February and November; first Monday in August. StephensSecond Mondays in January, May and October. TownsFourth Monday in March; first Monday in June; second Monday in September. UnionThird Mondays in April and August; second Monday in December. NORTHEASTERN CIRCUIT. HONS. A. R. KENYON, Judge, Gainesville. JOSEPH H. BLACKSHEAR, Judge, Gainesville. JEFF WAYNE, D. A., Gainesville. DawsonFirst Mondays in February and August. HallFirst Mondays in May and November; second Mondays in January, March, July and September. LumpkinFourth Mondays in February and August. WhiteFirst Mondays in April and October. NORTHERN CIRCUIT. HON. JOHN W. (BILLY) WILLIFORD, Judge, 145 Parkwood Dr., Elberton. CLETE D. JOHNSON, D. A., Box 245, Royston. ElbertFirst Monday in March; second Monday in September. FranklinThird Mondays in January and October; fourth Monday in March; first Monday in August. HartFirst Mondays in February and October; fourth Monday in May. MadisonThird Mondays in February and May; fourth Monday in August; second Monday in December. OglethorpeThird Monday in March; first Monday in November.

Page 4232

OCMULGEE CIRCUIT. HONS. GEORGE S. CARPENTER, Milledgeville, GEORGE L. JACKSON, Judges, Gray. GEORGE D. LAWRENCE, D. A., P. O. Box 87, Eatonton. BaldwinSecond Mondays in January, April, July, and October. GreeneFourth Mondays in January, April, July, and October. HancockFourth Mondays in March and September; second Mondays in June and December. JasperSecond Mondays in February, August, and November. JonesFirst Mondays in February and August; third Mondays in April and October. MorganFirst Mondays in March, June, September, and December. PutnamThird Mondays in March, June, September and December. WilkinsonFirst Mondays in January, April, July and October. OCONEE CIRCUIT. HON. JAMES B. O'CONNOR, Judge, P. O. Box 465, McRae. ALBERT D. MULLIS, D. A., P. O. Box 477, Eastman. BleckleyFirst Monday in March and second Mondays in July and November. DodgeThird Mondays in February, May, August and November. MontgomeryFirst Mondays in February, May, August and November. PulaskiSecond and third Mondays in March and September; second Mondays in June and December. TelfairFourth Mondays in February and June; third and fourth Mondays in October. WheelerSecond Mondays in February and October; third Monday in June. OGEECHEE CIRCUIT. HON. WILLIAM COLBERT HAWKINS, Judge, Sylvania. J. LANE JOHNSTON, D. A., Statesboro. BullochFourth Mondays in January, April, July, and October. EffinghamThird Mondays in April and October. JenkinsSecond Mondays in May and November. ScrevenSecond Mondays in January, April and July; third Monday in November.

Page 4233

PATAULA CIRCUIT. HON. WALTER I. GEER, Judge, Colquitt. JOE M. RAY, D. A., Box 7, Cuthbert. ClayThird Mondays in March and November. EarlyThird Mondays in January and July. MillerFourth Mondays in April and October. QuitmanFourth Mondays in March and September. RandolphFirst Mondays in May and November. SeminoleSecond Mondays in April and October. TerrellFirst Mondays in June and December. PIEDMONT CIRCUIT. HON. MARK DUNAHOO, Judge, P. O. Box 553, Winder. NAT HANCOCK, D. A., Jefferson. BanksFirst Mondays in April and October. BarrowFirst Mondays in February, May, August and November. JacksonFirst Monday in March; second Monday in September. ROME CIRCUIT. HON. ROBERT L. SCOGGIN, Judge, Rome. LARRY SALMON, D. A., Rome. FloydSecond Mondays in January, March, July and September; first Mondays in May and November. SOUTH GEORGIA CIRCUIT. HON. ROBERT E. L. CULPEPPER, JR., Judge, Camilla. FRED B. HAND, JR., D. A., P. O. Box 306, Pelham. BakerThird Mondays in January and July. CalhounLast Mondays in May and November. DecaturFirst Mondays in May and November. GradyThird Mondays in March and September. MitchellSecond Mondays in January and July; third Mondays in April and October.

Page 4234

SOUTHERN CIRCUIT. HONS. GEORGE R. LILLY, Quitman; MARCUS B. CALHOUN, Thomasville, Judges. GEORGE A. HORKAN, JR., D. A., Moultrie. BrooksFirst Mondays in May and November. ColquittFirst Mondays in April and October. EcholsSecond Mondays in March and September. LowndesThird Mondays in May and November. ThomasThird Mondays in January, April, July and October. SOUTHWESTERN CIRCUIT. HON. T. O. MARSHALL, Judge, P. O. Box 798, Americus. CLAUDE N. MORRIS, D. A., Americus LeeFourth Mondays in April and October. MaconSecond Mondays in May and November. SchleySecond Mondays in February and August. StewartSecond Mondays in January and July. SumterFourth Monday in May; and first Monday in December. WebsterFourth Mondays in January and July. STONE MOUNTAIN CIRCUIT. HONS. H. O. HUBERT, JR., Decatur; WILLIAM T. DEAN, Conyers; CLARENCE L. PEELER, JR., Decatur; HUBERT C. MORGAN, Decatur; RICHARD A. THIBADEAU, Decatur, Judges. RICHARD BELL, D. A., 794 Allgood Rd., Rt. 5, Stone Mountain. DeKalbFirst Mondays in March, June, September, and December. NewtonFirst Monday in January, third Mondays in March, July and September. RockdaleThird Monday in January; first Mondays in April, July and October. TALLAPOOSA CIRCUIT. HON. DAN WINN, Judge, Cedartown. JOHN T. PERREN, D. A., Dallas. DouglasThird Mondays in March and September. HaralsonFourth Monday in April; second Mondays in August and November. PauldingSecond Monday in April; fourth Monday in July; third Monday in October. PolkFourth Mondays in February and August.

Page 4235

TIFTON CIRCUIT. HON. J. BOWIE GRAY, Judge, P. O. Box C, Tifton. W. J. FOREHAND, D. A., P. O. Box 253, Tifton. IrwinThird and fourth Mondays in February; second and third Mondays in May and November. TiftFirst Mondays in March and September; first and second Mondays in June and December. TurnerSecond and third Mondays in January and July; second Mondays in April and October. WorthFourth Mondays in January, April, July, and October. TOOMBS CIRCUIT. HON. ROBERT L. STEVENS, Judge, P. O. Box 27, Thomson. KENNETH E. GOOLSBY, D. A., P. O. Box 405, Thomson. GlascockThird Mondays in February, May, August and November. LincolnFourth Mondays in January, April, July and October. McDuffieSecond Mondays in March, June, September and December. TaliaferroFourth Mondays in February, May, August, and November. WarrenThird Monday in January; first Mondays in April, July and October. WilkesFirst Mondays in February, May, August, and November. WAYCROSS CIRCUIT. HON. BEN A. HODGES, Judge, Waycross. DEWEY HAYES, D. A., Douglas. BaconFirst Mondays in February and August; fourth Monday in May; third Monday in November. BrantleyThird Monday in January; first Monday in April; second Monday in September; fourth Monday in November. CharltonFourth Monday in March; first Monday in October. CoffeeSecond and third Mondays in March and October; second Monday in June; first Tuesday after the first Monday in January. PierceSecond Monday in January; first Mondays in May and December; third Monday in August. WareFourth Mondays in January, April, July and October.

Page 4236

WESTERN CIRCUIT. HON. JAMES BARROW, Judge, Athens. THOMAS W. RIDGWAY, D. A., P. O. Box 166, Monroe. ClarkeSecond Mondays in January, April, July and October. OconeeFourth Mondays in January and July. WaltonThird Mondays in February, May, August and November.

Page 4237

TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Fulton County; bonds without referendum 1153 Marietta, City of, bonds 1150 CODE SECTIONS Chapter 13-12EnactedConversion of regulated certificated banks 964 13-912AmendedUse of authorized stock by banks 958 13-1505AmendedDeposits to cover unpaid claims 978 13-2013AmendedLimitations on bank loans 603 13-2023AmendedInvestments in small business investment companies 976 13-2027AmendedBanks and Banking, reserves 126 15-101AmendedState Boundaries 678 15-102AmendedGeorgia-South Carolina boundary 677 15-105AmendedGeorgia-Florida boundary 675 Chapter 16AmendedBuilding and Loan Act 803 20-201AmendedContracts of certain disabled veterans 640 21-105AmendedCoroners compensation in certain counties (10,150 - 10,275) 878 Title 22AmendedCorporation Code 152 23-1102AmendedCounty Surveyors 350 23-1704AmendedCounty contractors' bonds 954 Chapter 24-8AmendedConstables, appointments, vacancies, etc. 351 24-822, 24-823EnactedConstables arrest powers, etc. 875 24-1707AmendedOrdinaries, method of filling vacancies 290 24-1901AmendedHospitalization of mentally ill persons, etc. 505 24-2501AmendedHouston Judicial Circuit 427 Title 26AmendedCriminal Code 857 26-1705AmendedCredit cards 128 26-1902AmendedArmed robbery 810 26-3102AmendedPunishment for capital offenses 809 26-3301EnactedAircraft hijacking 741 29-106AmendedContracts of certain disabled veterans 640 Title 31RepealedRight of Dower 123 31-110AmendedDower 40 Title 32AmendedEducation attendance records 838 32-910AmendedState Board of Education 708 32-942AmendedSchool funds 721 32-1003AmendedCounty school superintendents 289 Title 34AmendedGeorgia Election Code 285 Title 34AmendedGeorgia Election Code 329 Chapter 34-13AmendedGeorgia Election Code 308 34-1407AmendedAbsentee ballots, challenge, etc. 280 Chapter 34-15AmendedGeorgia Election Code, returns 292 Title 34AAmendedMunicipal Election Code 282 , 285

Page 4238

Title 34AAmendedMunicipal Election Code 355 40-802AmendedArchives and History 989 Chapter 49-6AmendedHospitalization of mentally ill persons, etc. 505 49-602AmendedPreference of spouse as guardian 943 53-503AmendedSuretyship of wife 72 Chapter 54-6AmendedEmployment Security Law 249 56-317AmendedPowers of Insurance Commissioner 585 56-620AmendedSurplus insurance 609 56-805, 56-806AmendedInsurance License examinations 583 56-808aAmendedLicensing of insurance agents 489 56-1027Investments by insurers 23 56-1040EnactedVariable annuity contracts 723 56-1201AmendedVenue of actions on bonds of court clerks, etc. 740 56-1520AmendedBorrowed surplus 490 56-2703AmendedGroup life insurance 22 56-2703AmendedGroup life insurance policies 430 , 612 56-2707EnactedGroup Life Insurance 32 57-101.1EnactedInterest on real estate loans 33 57-119EnactedInterest rates on loans of $100,000 or more 80 Chapter 68-2AmendedMotor vehicle license plates 266 79A-408AmendedState Board of Pharmacy 936 81A-152EnactedFindings of fact, etc. by trial courts 645 84-913, 84-914AmendedMedical examiners 718 Title 88AmendedGeorgia Health Code 715 Chapter 88-5AmendedHospitalization of mentally ill persons 505 Chapter 88-15AmendedRabies Control 834 88-524Enactedmentally ill Georgians 837 88-1719AmendedCopies of marriage licenses 959 88-1802, 88-1805AmendedHospital Authorities Act 103 88-1805, 88-1820AmendedHospital Authorities Act 805 Chapter 92-2AmendedAttorneys at Law 82 Chapter 92-31AmendedCorporation income tax 114 92-1403AmendedMotor fuel taxation 486 92-1404AmendedFunds to counties for road purposes 845 92-2903AmendedMobile home dealers, etc. 135 92-3208AmendedIncome Tax forms 744 92-3211AmendedIncome tax returns 719 92-3216AmendedIncome tax information to certain counties (400,000 or more) 747 92-4101AmendedAd valorem tax rate of City of Toccoa 841 92-6206, 92-6208AmendedTax returns in certain counties (36,00038,000) 738 92-6912AmendedAppeals from assessments of arbitrators 942 95-1504AmendedUtilities 930 100-101AmendedState depositories 681 105-1309AmendedActions by administrators and executors 762 108-417AmendedInvestment of trust funds 963

Page 4239

109A-4-212AmendedCharge backs by banks 956 109A-9-307AmendedLivestock Commission Merchants 149 114-112AmendedWorkmen's Compensation Act 671 114-706AmendedWorkmen's Compensation hearings 205 COURTS SUPERIOR COURTS Assistant district attorneys, etc. in certain counties (135,000-140,000) 3950 Atlanta Circuit; assistant district attorneys 150 Augusta Circuit; Chief assistant district attorney 951 Augusta Circuit; payment for office supplies by Burke County 655 Augusta Circuit; senior judge's secretary 64 Baldwin; expense allowance for district attorney 383 Banks; court reporter 57 Banks; terms 47 , 877 Barrow; court reporter 57 Barrow; terms 47 , 877 Ben Hill; Court reporter 657 Bibb; assistant district attorneys 419 Bibb; judges' compensation 10 Bibb; judges' salaries 971 Bleckley; court reporter 664 Blue Ridge Circuit; court reporters, office expenses 482 Brooks; additional judge 217 Burke; Chief assistant district attorney 951 Burke; office supplies 655 Burke; senior judge's secretary 64 Butts; salary and secretary of district attorney 409 Catoosa; court reporter 207 Catoosa; judge's supplement 418 Catoosa; terms 8 Chattahoochee Circuit; additional judge 850 Chattahoochee Circuit; assistant district attorney 99 Chattooga; court reporter 207 Chattooga; judge's supplement 418 Chattooga; terms 8 Cherokee Circuit; terms 559 Cherokee; court reporters, office expenses 482 Clarke; expenses of district attorney 16 Clayton Circuit; judges' supplement 353 Clerks' retirement system 668 Cobb Circuit; court reporters 414 Cobb Circuit; salaries, investigator, etc. 213 Colquitt; additional judge 217 Columbia; chief assistant district attorney 951 Compensation of district attorneys in certain counties (135,000-140,000) 950 Cordele Circuit; court reporter's salary 657

Page 4240

Court reporters etc. in certain counties (250,000-500,000) 876 Crawford; assistant district attorneys 419 Crawford; judges' compensation 10 Crawford; judges' salaries 971 Crisp; court reporter 657 Dade; court reporter 207 Dade; judge's supplement 418 Dade; terms 8 Decatur; terms 662 DeKalb; salary of district attorney, etc. 561 Deposit of funds in certain counties (250,000-500,000) 3653 Dodge, court reporter 664 Dooly; court reporter 657 Dougherty Circuit; judge's salary 36 Echols; additional judge 217 Expenses in certain counties (13,275-13,600) 844 Fannin; court reporters, office expenses 482 Fayette; court reporter 648 Fayette; judge's secretary 497 Findings of fact and conclusions of law 645 Flint Circuit; salary and secretary of district attorney 409 Flint Circuit; terms in Henry County 221 Floyd; judge's supplement 108 Forsyth; court reporters, office expenses 482 Fulton; assistant district attorneys 150 Gilmer; court reporters, office expenses 482 Gordon; terms 559 Greene; expense allowance for district attorney 383 Griffin Circuit; court reporter 648 Griffin Circuit; judge's secretary 497 Gwinnett Circuit; investigator 48 Hancock; expense allowance for district attorney 383 Harris; additional judge 850 Henry; salary and secretary of district attorney 409 Henry; terms 221 Houston Circuit; created 427 Houston; judges' compensation 10 Houston; judges' salaries 971 Jackson; court reporter 57 Jackson; terms 47 , 877 Jasper; expense allowance for district attorney 383 Jones; expense allowance for district attorney 383 Jones; law books 4142 Judge's compensation 113 Lamar; salary and secretary of district attorney 409 Lincoln; expense allowance of district attorney 872 Lookout Mountain Circuit; court reporter 207 Lookout Mountain Circuit; judge's supplement, repealed 418 Lookout Mountain Circuit; terms 8 Lowndes; additional judge 217 Macon Circuit; assistant district attorneys 419

Page 4241

Macon circuit; judges' compensation 10 Macon Circuit judges' salaries 971 Marion; additional judge 850 Monroe; salary and secretary of district attorney 409 Montgomery; court reporter 664 Morgan; expense allowance for district attorney 383 Muscogee; additional judge 850 Muscogee; assistant district attorney 99 Newton; salary of district attorney, etc. 561 Northern Circuit; terms in Oglethorpe County 845 Ocmulgee Circuit; expense allowance for district attorney 383 Oconee Circuit; court reporter 664 Oconee; expenses of district attorney 16 Oglethorpe; terms 845 Peach; assistant district attorneys 419 Peach; judges' compensation 10 Peach; judges' salaries 971 Piedmont Circuit; court reporter 57 Piedmont Circuit; terms 47 , 877 Pickens; court reporters, office expenses 482 Pike; court reporter 648 Pike; judge's secretary 497 Pulaski; court reporter 664 Putnam; expense allowance for district attorney 383 Richmond; chief assistant district attorney 951 Rockdale; salary of district attorney, etc. 561 Rome Circuit; judge's supplement 108 Southern Circuit; additional judge 217 South Georgia Circuit; terms in Decatur County 662 Spalding; court reporter 648 Spalding; judge's secretary 497 Stone Mountain Circuit; salary of district attorney, etc. 561 Talbot; additional judge 850 Taylor; additional judge 850 Telfair; court reporter 664 Thomas; additional judge 217 Toombs Circuit; district attorney 872 Upson; court reporter 648 Upson; judge's secretary 497 Walker; court reporter 207 Walker; judge's supplement 418 Walker; terms 8 Walker; expenses of district attorney 16 Western Circuit; expenses of district attorney 16 Wheeler; court reporter 664 Wilcox; court reporter 657 Wilkes; expense allowance of district attorney 872 Wilkinson; expense allowance for district attorney 383

Page 4242

CITY COURTS Albany; judges pro hoc vice 2923 Associate judges in certain counties (135,000-140,000) 2396 Athens; investigator 3934 Bainbridge; name changed to civil and criminal court of Decatur County 3625 Brunswick; name changed to civil and criminal court of Glynn County, etc. 3908 Buford; abolished 2819 Chattooga; name changed to civil and criminal court of Chattooga County 3273 Claxton; compensation of solicitor 2243 Claxton; judge's salary 2246 Douglas; name changed to State Court of Douglas County 3862 Griffin; name change to State Court of Spalding County, salaries 2876 Habersham; name changed to Civil and Criminal Court of Habersham County 2093 Habersham; salaries of judge and solicitor 2076 Oglethorpe; judge's salary 3112 Oglethorpe; name changed to State Court of Macon County 3346 Oglethorpe; solicitor's salary 3110 Solicitors deemed permanent employees in certain counties (135,000-140,000) 3938 Soperton; name changed to State Court of Treutlen, etc. 2201 Sylvester; practice of law by judge 2171 Walker; name changed to Civil and Criminal Court of Walker County 2423 Walker; salaries of judge and solicitor 2425 Waynesboro; court stenographer 2156 CIVIL COURTS Fulton; judges' salaries 2413 CIVIL AND CRIMINAL COURTS Chattooga; name changed from City Court of Chattooga County 3273 Cobb; court of record, costs, etc. 2460 Cobb; salaries of judges and clerk 3588 Cobb; solicitor, etc. 2420 Decatur County; name changed from City Court of Bainbridge 3625 DeKalb; salaries of judges and solicitor 2443 Glynn County; name changed from City Court of Brunswick, etc. 3908 Habersham; name changed from City Court of Habersham 2093 Walker; name changed from City Court of Walker County 2423

Page 4243

CRIMINAL COURTS Fulton; assistant solicitors-general, salaries 2416 Fulton; compensation of judges and solicitor-general 2410 Fulton; method of filling vacancies 3944 JUVENILE COURTS Cobb; judge's salary 3560 Judges' salaries in certain counties (49,000-49,500) 3904 Judges' salaries in certain counties (500,000 or more) 2419 Juvenile's right to bail 760 Study Committee 1057 STATE COURTS Douglas County; name changed from City Court of Douglas 3862 Houston; designated as constitutional special court 2620 Laurens; compensation of judge and solicitor 2248 Macon County; name changed from City Court of Oglethorpe 3346 Spalding; name changed from City Court of Griffin, salaries 2876 Treutlen; name changed from City Court of Soperton, etc. 2201 COUNTIES AND COUNTY MATTERS. NAMED COUNTIES Atkinson; clerk of superior court placed on salary 3613 Atkinson; compensation of board of commissioners 2723 Atkinson; sheriff's salary, etc. 3864 Baldwin; expense allowance for district attorney 383 Baldwin; lease of land to Board of Education 69 Baldwin; salaries of County Commissioners 3958 Banks; superior court court reporter 57 Barrow; superior court terms 47 , 877 Barrow; Act placing named officers on salaries amended 2881 Barrow; salary of clerk of county commissioners 2654 Barrow; superior court court reporter 57 Barrow; superior court terms 47 , 867 Bartow; clerical help for county commissioner 2757 Bartow; clerical help for tax commissioner 2759 Bartow; compensation of named officers 2753 Ben Hill; county depository 2720 Ben Hill; superior court reporter 657 Bibb; assistant district attorneys 419 Bibb; board of education and orphanage, members, employees 3999 Bibb, board of elections, referendum 3331 Bibb; compensation of county commissioners 2623 Bibb; land conveyance to Board of Education and Orphanage 620 Bibb; superior court judges 10 Bibb; superior court judges' salaries 971 Bleckley; clerk of superior court placed on salary 3312

Page 4244

Bleckley; compensation of ordinary and clerk 3296 Bleckley; office of tax commissioners created 3304 Bleckley; salaries of county commissioners and clerical assistant 3387 Bleckley; sheriff's compensation 3389 Bleckley; superior court court reporter 664 Bleckley; tax collector placed on salary 3298 Bleckley; tax receiver placed on salary 3301 Brooks; additional superior court judge 217 Bryan; deputy sheriffs, etc. 2406 Burke; Act placing sheriff on salary amended 2167 Burke; chief assistant district attorney 951 Burke; compensation of clerk of superior court 2158 Burke; compensation of county commissioners 3631 Burke; compensation of ordinary 2160 Burke; senior superior court judge's secretary 64 Burke; superior court office supplies 655 Butts; board of commissioners 2195 Butts; board of education, referendum 2456 Butts; costs in criminal cases 2664 Butts; salary and secretary of district attorney 409 Butts; tax receiver placed on salary 2661 Camden; office of tax commissioner created, referendum 3543 Candler; clerk of board of commissioners 2233 Candler; salary of ordinary 2235 Catoosa; compensation of county commissioners, etc. 2193 Catoosa; compensation of sheriff, etc. 2189 Catoosa; superior court court reporter 207 Catoosa; superior court judge's supplement 418 Catoosa; superior court terms 8 Chatham; civil service system Act amended 2985 Chatham; hospital authority members 3603 Chatham; land conveyance 1053 Chattooga; clerical help for ordinary 3271 Chattooga; salaries of clerk of commissioners and warden of public works camp 2691 Chattooga; salary of deputy clerk of superior court 3275 Chattooga; salary of deputy tax commissioner 3278 Chattooga; superior court court reporter 207 Chattooga; superior court judge's supplement 418 Chattooga; superior court terms 8 Chattahoochee; additional judge of superior court 850 Chattahoochee; sheriff's salary 2268 Charlton; board of education, referendum 2665 Charlton; education funds 622 Charlton; school property tax digest 381 Cherokee; board of education, referendum 2829 Cherokee; compensation of county commissioner's clerk 2826 Cherokee; salaries of named officers, etc. 2821 Cherokee; superior court court reporter, office expenses 482 Clarke; board of education, referendum 3028

Page 4245

Clarke; expenses of district attorney 16 Clarke; sheriff's allowance for feeding prisoners 2616 Clayton; board of commissioners, etc. 3096 Clayton; civil service system Act amended 3340 Clayton; superior court judges' supplement 353 Clinch; deputy sheriffs 2216 Clinch; tax collector and tax receiver placed on salaries 2211 Cobb; Act placing named officers on salaries amended 3342 Cobb; authority to adopt ordinances, etc. 2486 Cobb; board of education, referendum 2475 Cobb; bond of clerk of superior court 3541 Cobb; civil service system Act amended 2228 Cobb; compensation of board of county commissioners 3280 Cobb; juvenile court judges' salary 3560 Cobb; salaries of tax commissioners and chief clerk 3565 Cobb; superior court court reporters 414 Cobb; superior court salaries, etc. 213 Coffee; audits 3093 Columbia; Act placing named officials on salaries amended 2105 Columbia; chief assistant district attorney 951 Columbia; salary of chairman of county commissioners 2103 Colquitt; additional superior court judge 217 Colquitt; board of education, referendum 2559 Colquitt; Moultrie-Colquitt County Airport Authority Act amended 3798 Cook; Act placing named officers on salaries amended 3402 Cook; compensation of county commissioners 3408 Cook; education funds 622 Cook; school property tax digest 381 Cook; sheriff's compensation, etc. 3400 Coweta; Act placing named officers on salaries amended 2844 Crawford; assistant district attorneys 4191 Crawford; ordinary placed on salary 2391 Crawford; salary of clerk of superior court 2389 Crawford; sheriff's compensation, etc. 2386 Crawford; superior court judges 10 Crawford; superior court judges' salary 971 Crisp; salaries of named officers, etc. 2702 Crisp; superior court court reporter 657 Dade; superior court court reporter 207 Dade; superior court judge's supplement 418 Dade; superior court terms 8 Dawson; clerk of superior court and ordinary placed on salaries 2110 Dawson; county commissioner's salary 2118 Dawson; salaries of sheriff and deputies 2113 Dawson; tax commissioner's salary 2116 Decatur; superior court terms 662 DeKalb; coliseum authority 2567 DeKalb; exchange of easements 1122 DeKalb; hospital authority members 3611

Page 4246

DeKalb; publication of quarterly audits 3795 DeKalb; stenographer for grand jury 3117 DeKalb; terms of members of board of education 3586 DeKalb; vacancies on board of county commissioners 3866 Dodge; Act placing sheriff and clerk of superior court on salaries amended 3282 Dodge; compensation, etc. of employees of tax commissioner 3287 Dodge; compensation of county commissioner and clerk 3290 Dodge; compensation of ordinary and clerk 3293 Dodge; superior court court reporter 664 Dooly; Act placing sheriff on salary amended 2162 Dooly; industrial development authority, powers, etc. 3317 Dooly; superior court court reporter 657 Dougherty; compensation of board of commissioners 2797 Dougherty; compensation of sheriff and clerk of superior court 2293 Dougherty; land conveyance 1095 Dougherty; salary of tax commissioner 2296 Dougherty; sanitary districts 2980 Dougherty; superior court judge's salary 36 Echols; additional superior court judge 217 Echols; salaries of county commissioners and county attorney 3677 Effingham; county commissioners' compensation 2404 Emanuel; terms of members of board of commissioners 3124 Evans; compensation of ordinary 2241 Fannin; Act placing sheriff on salary amended 2634 Fannin; board of county commissioners, referendum 2641 Fannin; office of tax commissioner created, referendum 2637 Fannin; superior court court reporters, office expenses 482 Fayette; superior court court reporter 648 Fayette; superior court judge's secretary 497 Floyd; merit system 2505 Floyd; superior court judge's supplement 108 Forsyth; Act placing named officers on salaries amended 2033 Forsyth; county commissioners and county attorney 2030 Forsyth; superior court court reporters, office expenses 482 Fulton; assistant district attorneys 150 Fulton; board of education employees' pension Act amended 2848 Fulton; board of education pension system Act amended 2524 , 3942 Fulton; bonds without referendum, proposed amendment to the Constitution 1153 Fulton; compensation of civil service board 2435 Fulton; employees' pension Act amended 2408 Fulton; fire stations 2853 Fulton; uniform sewer installation installments 3956 Gilmer; superior court court reporters, office expenses 482 Glascock; deputy sheriffs 2922 Glynn; chief jailer 3905 Gordon; county commissioner's salary, budgets, etc. 3658 Gordon; superior court terms 559 Grady; education funds 622 Grady; school property tax digest 381

Page 4247

Greene; expense allowance for district attorney 383 Greene; land conveyance 1083 Gwinnett; audits 2793 Gwinnett; compensation of named officers 2712 Gwinnett; compensation of tax commissioner 2715 Gwinnett; merit system 3051 Gwinnett; sewer and water system 3040 Gwinnett; superior court investigator 48 Habersham; clerk of superior court placed on salary 2095 Habersham; compensation of board of commissioners 2079 Habersham; compensation of tax commissioner, etc. 2199 Habersham; elections and compensation of board of county commissioners 2069 Habersham; fire protection districts 2208 Habersham; hospital authority trustees 2097 Habersham; ordinary placed on salary 2099 Hancock; expense allowance for district attorney 383 Haralson; Act placing sheriff and ordinary on salaries amended 2431 Haralson; county commissioner's salary 2433 Haralson; treasurer's salary 2429 Harris; Act placing sheriff on salary amended 3632 Harris; additional judge of superior court 850 Hart; assistant to tax commissioner 2062 Hart; deputy clerk of superior court, clerk of ordinary 2057 Hart; deputy sheriffs 2060 Heard; clerical assistant for clerk of superior court 2125 Heard; compensation of county commissioners 2120 Heard; salaries of sheriff and deputies 2122 Henry; compensation of tax commissioner 2761 Henry; county commissioners' compensation 2451 Henry; salaries of named officials 2446 Henry; salary and secretary of district attorney 409 Henry; superior court terms 221 Henry; treasurer's salary 2449 Houston; Houston Judicial Circuit created 427 Houston; superior court judges 10 Houston; superior court judges' salary 971 Irwin; board of county commissioners 3119 Jackson; superior court court reporter 57 Jackson; superior court terms 47 , 877 Jasper; compensation of county commissioners 2291 Jasper; expense allowance for district attorney 383 Jasper; sheriff's compensation, etc. 2289 Jeff Davis; clerk of superior court and ordinary placed on salaries 3418 Jeff Davis; compensation of county commissioners 2992 Jeff Davis; sheriff's salary, etc. 3415 Jefferson; compensation of county commissioners and clerk 3724 Jefferson; deputy sheriffs, etc. 3722 Johnson; board of commissioners, vacancies, compensation 2602

Page 4248

Jones; compensation and elections of county commissioners 2153 Jones; compensation of sheriff, etc. 2150 Jones; expense allowance for district attorney 383 Jones; law books 4142 Lamar; compensation of clerk of superior court 2617 Lamar; salary and secretary of district attorney 409 Lamar; salary of chief deputy sheriff 3539 Lanier; clerk of superior court placed on salary 2717 Lanier; compensation of board of county commissioners 3617 Lanier; sheriff's salary, etc. 3616 Laurens; compensation of county commissioners 2274 Laurens; compensation of ordinary 2262 Laurens; salary of clerk of superior court 2255 Laurens; sheriff's salary 2257 Laurens; tax commissioner's salary 2259 Laurens; treasurer's salary 2250 Lee; expenses of sheriff's office 2394 Lincoln; development authority members 2693 Lincoln; salary of chairman of board of commissioners 3350 Lincoln; sheriff's salary, etc. 3348 Lincoln; treasurer, referendum 3352 Lowndes; additional superior court judge 217 Lumpkin; county commissioner's salary 3936 Lumpkin; sheriff's salary, etc. 3931 McIntosh; ordinary placed on salary 3369 McIntosh; salaries of county commissioners 3367 McIntosh; salaries of tax commissioner's employees 3365 Marion; additional judge of superior court 850 Meriwether; salaries of sheriff, clerk of superior court and ordinary 2225 Mitchell; compensation of county commissioners 3608 Mitchell; office of treasurer abolished 3064 Monroe; compensation of county commissioners 3629 Monroe; salary and secretary of district attorney 409 Montgomery; superior court court reporter 664 Morgan; expense allowance for district attorney 383 Muscogee; additional judge of superior court 850 Muscogee; assistant district attorney 99 Muscogee; charter commission 3571 Muscogee; employees' pension fund 2073 Muscogee; recorder's court, ordinances 2678 Newton; education funds 622 Newton; school property tax digest 381 Oconee; expenses of district attorney 16 Oconee; salary of chairman of county commissioners 2142 Oglethorpe; superior court terms 845 Paulding; water authority bonds 2038 Peach; assistant district atttorneys 419 Peach; industrial development authority 2695 Peach; superior court judges 10 Peach; superior court judges' salaries 971

Page 4249

Pickens; deputy sheriffs 3682 Pickens; school superintendent, referendum 3066 Pickens; superior court court reporters, office expenses 482 Pickens; Tate Water and Sewer Act 3069 Pickens; utilities districts 3680 Pickens; water and sewer Act 2764 Pike; superior court court reporter 648 Pike; superior court judge's secretary 497 Polk; meetings of county commissioners 3619 Polk; sheriff's motor vehicles 3622 Pulaski; Act placing ordinary on salary amended 3310 Pulaski; superior court court reporter 664 Putnam; Act placing sheriff on salary amended, referendum 2670 Putnam; compensation, etc. of tax commissioner, referendum 3126 Putnam; expense allowance for district attorney 383 Putnam; salaries of county commissioners and clerk, referendum 3598 Putnam; salary of clerk of superior court, etc., referendum 3594 Putnam; salary of ordinary referendum 3130 Rabun; board of commissioners 2397 Rabun; sheriff's salary, etc. 3975 Randolph; clerk of superior court's clerical assistants 2276 Randolph; salary etc. of ordinary 2221 Randolph; sheriff's salary, etc. 2223 Richmond; board of education 3567 Richmond; chief assistant district attorney 951 Richmond; joint board of tax assessors 2514 Richmond; traffic ordinances 2657 Rockdale; Act placing sheriff on salary amended 2179 Rockdale; clerk of superior court placed on salary 2176 Rockdale; compensation of county commissioners 2171 Rockdale; ordinances 3639 Rockdale; ordinary placed on salary 2173 Rockdale; salary etc. of tax commissioner 2219 Schley; Act placing sheriff on salary amended 3107 Screven; compensation of ordinary 2701 Seminole; education funds 622 Seminole, school property tax digest 381 Seminole; sheriff's salary 2605 Seminole; small claims court, referendum 2590 Spalding; small claims court, referendum 3687 Spalding; superior court court reporter 648 Spalding; superior court judge's secretary 497 Stephens; meetings and salaries of county commissioners 2131 Stewart; board of education, referendum 2264 Sumter; compensation of clerk of superior court, etc. 2527 Talbot; additional judge of superior court 850 Tattnall; compensation of chairman of board of education 2135 Tattnall; compensation of chairman of county commissioners 2137 Tattnall; compensation of clerk of superior court and assistants 2139

Page 4250

Tattnall; compensation of ordinary 2133 Tattnall; compensation of sheriff, etc. 2147 Taylor; additional judge of superior court 850 Telfair; board of education members, referendum 3641 Telfair; clerk of superior court placed on salary 4144 Telfair; county commissioner's salary 2975 Telfair; ordinary placed on salary 4148 Telfair; salary of tax commissioner 3087 Telfair; sheriff's salary 2973 Telfair; superior court court reporter 664 Thomas; additional superior court judge 217 Tift; Act placing sheriff on salary amended 3719 Tift; development authority bonds 2874 Tift; salaries of chairman and vice chairman of board of commissioners 3470 Tift; salary of ordinary 3718 Toombs; employees of governing authority 3701 Toombs; salary of tax receiver, etc. 3705 Turner; compensation of board of commissioners 3412 Turner; sheriff's expenses 3468 Twiggs; Act placing sheriff on salary amended 2282 Twiggs; compensation of county commissioners 2286 Upson; superior court court reporter 648 Upson; superior court judge's secretary 497 Walker; automobile for use of county commissioner 2782 Walker; superior court court reporter 207 Walker; superior court judge's supplement 418 Walker; superior court terms 8 Walker; supplies for sheriff's office 3239 Walton; board of commissioners 2051 Walton; board of education 2054 Walton; clerk of superior court and ordinary 2045 Walton; expenses of district attorney 16 Walton; sheriff's salary, etc. 2027 Walton; tax commissioner 2048 Warren; small claims court 2911 Washington; board of commissioners expense allowances 2473 Wayne; education funds 622 Wayne; hospital authority members 2725 Wayne; school property tax digest 381 Wheeler; superior court court reporter 664 White; ordinary placed on salary 3972 Whitfield; county employees 3398 Whitfield; land abandoned for park purposes 1085 Whitfield; metropolitan government study commission 2479 Whitfield; utility districts 2484 Wilcox; sheriff's expense allowance 3321 Wilcox; superior court court reporter 657

Page 4251

Wilcox; salary of clerk of superior court 3970 Wilkes; small claims court 4003 Wilkinson; expense allowance for district attorney 383 Wilkinson; terms of county commissioners 3315 COUNTIES AND COUNTY MATTERSBY POPULATION 7,375-7,750Law libraries authorized 3947 7,500-7,900Compensation of coroners, referendum 3900 8,250-8,350Coroners' compensation 3805 9,977-10,140Small claims court act amended 3800 10,150-10,275Coroners' compensation 878 11,750-12,000Powers of tax commissioners 3406 13,275-13,600Expenses of superior courts 844 14,486-14,540Alcoholic beverages 1146 18,050-18,300Deposit of county funds in banks 3655 19,000-19,500Fox hunting illegal 3707 20,200-20,500Law libraries 2019 23,050-23,750Boards of county commissioners 3896 28,200-28,800Fox hunting illegal 3707 34,250-35,350Expense allowance for county commissioners 3913 36,600-38,000Tax returns 738 40,000-42,000Urban Redevelopment Law 869 43,550-45,550Qualifications of ordinaries 3679 120,000-140,000Compensation of named elected officials 3899 120,000-140,000Compensation of permanent employees 3897 135,000-140,000Assistant district attorneys, etc. 3950 135,000-140,000Compensation of district attorneys 950 135,000-140,000Salaries, etc. of sheriffs employees 3901 135,000-140,000Solicitors of city courts deemed permanent employees 3938 150,000-500,000Urban Redevelopment Law 807 250,000-500,000Audits of boards of education 3654 250,000-500,000Court reporters 876 300,000 or morePensions of policemen, firemen, etc. 3652 400,000 or moreIncome tax information from State Revenue Commissioner 747 500,000 or morePayment of fines, etc. to county treasurers 3657 500,000 or moreJuvenile court judges' salaries 2419 500,000 or moreSheriffs' salaries 2247 MUNICIPAL CORPORATIONSNAMED CITIES Albany; city treasurer 3663 Albany; corporate limits, wards 3376 Albany; employees' pension fund 2016 Albany; salaries of mayor and commissioners 2795 Albany; water services outside corporate limits 3548 Alto; ad valorem tax rate 3208 Americus; contributions to retirement fund 2022 Arnoldsville; incorporated 3248 Ashburn; new charter 3135

Page 4252

Atlanta; charter amended 2065 Atlanta; corporate limits 4152 Atlanta; elections 2521 Atlanta; land conveyance 1097 Atlanta; municipal court judge 2851 Augusta; elections 3236 Augusta; joint board of tax assessors 2514 Austell; corporate limits 2901 Avondale; corporate limits 2437 Buford; charter amended 3967 Cairo; charter amended 3745 Calhoun; corporate limits 2997 Canton; election of councilmen 2833 Cartersville; new charter, referendum 2929 Cave Spring; new charter 3872 Clarkesville; compensation of mayor and council 3410 Cohutta; incorporated, referendum 2529 College Park; judge pro tem of city court 3569 College Park; planning and zoning 4142 Colquitt; salaries of mayor and councilmen 2613 Columbus; corporate limits, referendum 3356 Cordele; new charter, referendum 3806 Cordele; office building authority Act amended 2926 Dalton; corporate limits 2496 Dalton; employees' pension system Act amended 2126 Dalton; metropolitan government study commission 2479 Darien; mayor and councilman 3372 Doraville; corporate limits, referendum 2501 Douglas; audits 3090 Dublin; corporate limits, referendum 2270 Dublin; salaries of mayor and aldermen 2253 East Point; local advisory board 3860 Edison; terms of mayor and councilmen, etc. 2610 Ellijay; corporate limits, referendum 2606 Emerson; corporate limits 2928 Fairburn; corporate limits, referendum 4098 Fairburn; elections 3869 Fitzgerald; charter amended 3785 Forest Park; corporate limits 3550 Fort Oglethorpe; mayor and aldermen 3209 Fort Valley; business licenses 3581 Fort Valley; charter amended 3584 Garden City; corporate limits, etc., referendum 2584 Gray; corporate limits 2977 Griffin; corporate limits 3395 Guyton; corporate limits, referendum 3964 Guyton; mayor's qualifications, salaries 3953 Hapeville; mayor's veto power 3115 Haralson; charter amended 2631 Hartwell; charter amended 3626 Hawkinsville; authority to sell described tract of land 3307

Page 4253

Hawkinsville; charter amended 3802 Hawkinsville; corporate limits, referendum 3915 Hazlehurst, salaries of mayor and commissioners 2995 Helen; new charter 3978 Helena; charter amended 3644 Homerville; elections 2214 Jefferson; charter amended, referendum 2987 Jesup; city attorney 4155 LaFayette; new charter 2298 LaGrange; corporate limits 2182 Lawrenceville; corporate limits, referendum 3960 Lawrenceville; elections 2799 Leslie; elections 2108 Lincolnton; development authority members 2693 Louisville; land conveyance 1058 Ludowici; charter amended 2144 Lula; salaries of officers and employees 2791 Lyons; corporate limits, referendum 3241 Macon; air space conveyance to First National Bank Trust Company in Macon 3708 Macon; charter amended 2801 Macon; corporate limits 2086 , 3036 Macon; employees' retirement system Act amended 2082 Madison; airport authority Act 3729 Mansfield; charter amended 2839 Marietta; ad volorem tax for public schools 3726 Marietta, bonds, proposed amendment to the Constitution 1150 Marietta; charter amended 2885 Marietta; pension plan for policemen and firemen 3101 Meigs; corporate limits, referendum 3562 Metter; corporate limits, referendum 2230 Milner; new charter 3475 Montezuma; elections 3104 Moultrie; Moultrie-Colquitt County Airport Authority Act amended 3798 Mountain View; charter amended 3636 Mount Vernon; charter amended 2205 Murrayville; incorporated, referendum 2346 Newington; new charter 2003 Newnan; charter amended, referendum 2784 Norcross; charter amended 3048 Oxford; mayor and councilmen 2835 Palmetto; recorder's court 2278 Pearson; industrial authority Act 2905 Porterdale; mayor and councilmen 2841 Porterdale; salaries of mayor and councilmen 2846 Port Wentworth; authority to close and sell designated streets 2628 Powder Springs; charter amended 3554 Powder Springs; corporate limits 2982 Richland; corporate limits 2266

Page 4254

Rincon; recorder's court 2042 Rome; chiefs of police and fire departments 3715 Rome; investment of retirement system funds 2658 Rossville; new charter, referendum 4014 Royston; city manager 2707 Royston; recorder's court 3604 Saint Marys; authority to close and abandon named street, etc. 3661 Sandersville; charter amended, referendum 2467 Sardis; new charter 2727 Savannah; corporate limits 2453 Scott; new charter 3590 Senoia; new charter 3751 Smithville; ad valorem taxation 2024 Smyrna; corporate limits, etc. 3666 , 3856 Statham; corporate powers 2240 Statham; exchange of land 2237 Swainsboro; mayor's term of office 3122 Tate; water and sewer Act 3069 Thomaston; corporate limits 2649 Thomson; sale and disposition of property 3684 Tifton; city manager's salary 3133 Tifton; corporate limits, referendum 2674 Toccoa; ad valorem tax rate 841 Unadilla; corporate limits 2090 Union City; charter amended 3939 Valdosta; corporate limits 3212 Vernonburg; corporate limits 2164 Walnut Grove; new charter 3422 Warner Robins; charter amended 3927 Warner Robins; corporate limits, referendum, etc. 3920 Warner Robins; form of government, referendum 3647 MUNICIPAL CORPORATIONSBY POPULATION 150,000 or moreEmployees' pension system Act amended 2625 150,000 or moreFiremen's pension system amended 3393 150,000 or morePolicemen's pension system Act amended 3394 400,000 or moreTax information from State Revenue Commissioner 1137 MUNICIPALITIESHOME RULE AMENDMENTS Atlanta; appropriations 4160 Atlanta; department heads 4167 Atlanta; department of finance 4177 Atlanta; franchises 4174 Atlanta; holidays 4172 Atlanta; planning director 4163 Atlanta; sanitary assessments 4164 Atlanta; sewer assessments 4189

Page 4255

Atlanta; special assessment fund 4169 Clayton; ad valorem taxation 4193 Columbus; acting director of public safety 4199 Columbus; board of public safety 4210 Columbus; purchase price of motor fuel 4206 Griffin; employees' retirement 4215 RESOLUTIONS AUTHORIZING COMPENSATION Akins, J. M. 4135 Atkinson, Mrs. Minnie Lee 4113 Baldwin, Robert Lee 4120 Bill Jones Dodge City, Inc. 4111 Blackstock, J. L. 4132 Bond, Jimmy D. 4106 Butts, Ben W. 4117 Cagle, Mrs. Doris 4141 Carrington, Mrs. Hollis 4134 Chitwood, Joe Jackson 4125 Cochran, Paul 4116 Crew, Roger 4140 Francis, Mrs. Eleanor 4131 Giles, M. A. 4128 Hodges, T. L. 4130 Holloman, Vernon F. 4122 Innis, C. O. 4112 Johnson, William B. 4107 Justice, K. W. 4121 Lanier, John R. 4138 Lee, Clyde Perdie 4123 Lewis, C. F. 4109 Little, Buford 4118 McCall, John M. 4104 McGuire, Miss Doris E. 4129 Morgenthaler, James W. 4108 Morris, Miss Linda Deanne 4105 Moss, E. M. 4114 Parson, Travis 4124 Perry, Richard Floyd 4115 Ransom, Floral Company 4119 Rider, Mrs. Fred 4110 Robinson, Herman 4112 Rust, Mrs. Jessie L. 4103 Sanders, Idus Eugene 4129 Sapp, J. C. 4127 Smith, Mrs. Betty 4133 Trotter, Tom 4126 Wall, Donald L. 4136 Williams, Paul 4139

Page 4256

RESOLUTIONS AUTHORIZING LAND CONVEYANCES. Board of Education and Orphanage for Bibb County 620 Chatham County 1053 City of Atlanta 1097 City of Louisville 1058 Dawson Implement Company 211 Department of Public Safety 628 Disposal of Governor's manison on the Prado 1061 Dougherty County 1095 Greene County 1083 J. P. Stevens Co., Inc. 626 Land in Baldwin County 624 Meriwether County 1129 Percy Helmer 1081 University System of Georgia 3 Wilfred J. Mohr 263 MISCELLANEOUS RESOLUTIONS Acquisition of Sweetwater Wilderness site urged 614 Amendment to Uniform Time Act of 1966 urged 1056 American Legion Flame of Freedom 66 Atlanta-Fulton County Compensation Study Committee 1110 Bill of Rights for Older Georgians 265 Central Printing Agency Study Committee 1106 Certification of flights between Atlanta, Georgia, and Hawaii urged 1109 Constitution Revision Commission 1100 DeKalb County Compensation Study Committee 1126 Design of public buildings for use as fallout shelters 1120 Distribution to certain counties under Minimum Foundation Program of Education Act 622 Easement to Macon-Bibb County Hospital Authority 1067 Easement to Plantation Pipe Line Company 618 Exchange of easements in DeKalb County 1122 Expansion of National System of Interstate and Defense Highways urged 1104 Feasibility Study of Tired Creek area of Grady County as State park site 623 Dr. A. S. Furcron, Honorary State Geologist, etc. 1135 Georgia Authors' Week designated 1113 Georgia Coastal Islands Study Committee 121 Georgia Commission for National Bicentennial Celebration 1074 Henry Grady Hotel property lease accepted 432 Highway Law Interim Study Committee 1063 Joint Committee to study licensing of clinical laboratories 1088 Joint Election Laws Study Committee 278 Juvenile Court Law Study Committee 1057 E. S. Lane Bridge designated 1080 Law books to Jones Superior Court 4142 Lease of land to Baldwin County Board of Education 69

Page 4257

Lease of land to Calhoun Elks Home, Inc. 209 Lease of land to Edwin Mathis 1077 Leases of land to Rabun C.A.T.V. and Spartan Radiocasting Company 1116 Medal of Honor Monument at Freedom's Foundation of Valley Forge 1112 Melton, James, resolution commemorating 1127 Moina Michael Highway designated 615 Opposition to ban on cigarette advertising expressed 1065 Parking spaces for members of General Assembly 1119 Protection of Capitol Building and grounds 1060 Providence Canyon Study Committee 1107 Retention of income tax exemptions on municipal bonds urged 1115 Revenue Bond Study Committee 1121 Scholarship Study Committee 632 Senator Richard B. Russell Scenic Highway designated 102 State Communications Committee created, etc. 616 Suspension of sales and use tax on certain tangible personal property ratified 1093 Suspension of sales tax on Holy Bibles and Testaments ratified 1089 Suspension of sales and use tax on sales to non-profit hospitals ratified 1091 Uniform Consumer Credit Code Study Committee 630 U. S. Highway 19 designated as a scenic highway 1073 Whitfield County land abandoned for park purposes 1085

Page 4258

INDEX A ABSENTEE BALLOTS Challenge, etc. 280 ACTS OF GENERAL ASSEMBLY Effective dates 7 ADOPTED CHILDREN Inheritance, etc. 927 AGRICULTURAL COMMODITIES PROMOTION ACT Enacted 763 AGRICULTURE Dead animal disposal Act 1018 Georgia Meat Inspection Act 1028 Maximum rate of tobacco sales at warehouses 941 Opposition to ban on cigarette advertising expressed 1065 Registration of hatchery operators and dealers 856 AIRCRAFT HIJACKING Crime, etc. 741 AIR TRANSPORTATION Department of Air Transportation members 673 AKINS, J. M. Compensation for damages 4135 ALBANY, CITY COURT OF Judges pro hac vice 2923 ALBANY, CITY OF Corporate limits, wards 3376 Employees' pension fund 2016 Salaries of mayor and commissioners 2795 Treasurer 3663 Water service outside corporate limits 3548

Page 4259

ALCOHOLIC BEVERAGES Act regulating sale in certain counties and municipalities amended 1140 Sale, etc. in certain counties (14,486-14,540) 1146 Taxation on wines 111 ALIMONY Petitions for change of permanent alimony 98 ALTO Ad valorem tax rate 3208 AMBULANCE Purchase by State Department of Veterans Service Authorized 634 AMERICAN LEGION Flame of Freedom on State Capitol grounds 66 AMERICUS, CITY OF Contributions to retirement fund 2022 ANATOMICAL GIFT ACT Enacted 59 ANNEXATION Procedure with approval of property owners 504 ANNUITY CONTRACTS Variable annuity contracts 722 , 723 APPROPRIATIONS General Appropriations Act 880 General Appropriations Act amended (Department of Industry and Trade) 382 Labor Department supplemental appropriation 376 Procedure for considering General Appropriations Bill 680 Supplementary Appropriations Act 42 Supplementary Appropriations Act amended 124 ARCHAEOLOGIST, STATE Office created, preservation of historic sites, etc. 993

Page 4260

ARCHIVES AND HISTORY Objects, etc. of department 989 ARMED ROBBERY Defined, punishment, etc. 810 ARNOLDSVILLE, CITY OF Incorporated 3248 ARRESTS Authority of peace officers 732 ARTESIAN WELLS Capping required, etc. 669 ASHBURN, CITY OF New charter 3135 ATHENS, CITY COURT OF Investigator 3934 ATKINSON COUNTY Clerk of superior court placed on salary 3613 Compensation of board of commissioners 2723 Sheriff's salary, etc. 3864 ATKINSON, MRS. MINNIE LEE Compensation for damages 4113 ATLANTA, CITY OF See also Tabular indexMunicipalitiesHome Rule Amendments. Charter amended 2065 Corporate limits 4152 Elections 2521 Land conveyance 1097 Municipal court judges 2851 ATLANTA-FULTON COUNTY COMPENSATION STUDY COMMITTEE Created 1110 ATLANTA JUDICIAL CIRCUIT Assistant district attorneys 150

Page 4261

ATTORNEY GENERAL Representation of State Authorities 484 ATTORNEYS AT LAW Admission of attorneys from other states 82 AUGUSTA, CITY OF Elections 3236 Joint board of tax assessors 2514 AUGUSTA JUDICIAL CIRCUIT Chief assistant district attorney 951 Payment for office supplies by Burke County 655 Senior judge's secretary 64 AUGUSTA, TRUSTEES OF MASONIC HALL Charter amended 3324 AUSTELL, CITY OF Corporate limits 2901 AUTHORITIES Development Authorities Law 137 AUTHORITIES, STATE See also named authority. Representation by Attorney General 484 AUTOPSIES Fees 38 AVONDALE, CITY OF Corporate limits 2437 B BAIL Cash bonds permitted 41 Release of persons without bond 72 Rights of juveniles 760

Page 4262

BAINBRIDGE, CITY COURT OF Name changed to Civil and Criminal Court of Decatur County 3625 BALDWIN COUNTY Expense allowance for district attorney 383 Lease of land to Board of Education 69 Salaries of county commissioners 3958 BALDWIN, ROBERT LEE Compensation for damages 4120 BANKS AND BANKING Banks eligible for appointment as state depositories 681 Charge backs 956 Conversion of regulated certificated banks into State chartered banks 964 Deposits to cover unpaid claims 978 Investments in small business investment companies 976 Limitations on loans 603 Reserves 126 Use of authorized but unissued stock 958 BANKS COUNTY Superior court court reporter 57 Superior court terms 47 , 877 BARROW COUNTY Act placing named officers on salaries amended 2881 Salary of clerk of county commissioners 2654 Superior court court reporter 57 Superior court terms 47 , 877 BARTON, CHARLES C. Exchange of land in Fulton County 1069 BARTOW COUNTY Clerical help for county commissioner 2757 Clerical help for tax commissioner 2759 Compensation of named officers 2753

Page 4263

BEN HILL COUNTY County depository 2720 Superior court court reporter 657 BIBB COUNTY Assistant district attorneys 419 Board of education and orphanage, members, employees 3999 Board of elections, referendum 3331 Compensation of county commissioners 2623 Land conveyance to Board of Education and Orphanage 620 Superior court judges compensation 10 Superior court judges' salaries 971 BILL JONES DODGE CITY, INC. Compensation for damages 4111 BILL OF RIGHTS FOR OLDER GEORGIANS A resolution 265 BIO-TECHNOLOGY Institute for research 987 BLACKSTOCK, J. L. Compensation for damages 4132 BLASTING Requirements, etc, near underground gas systems 50 BLECKLEY COUNTY Clerk of superior court placed on salary 3312 Compensation of ordinary and clerk 3296 Office of tax commissioner created 3304 Salaries of county commissioner and clerical assistant 3387 Sheriff's compensation 3389 Superior court court reporter 664 Tax collector placed on salary 3298 Tax receiver placed on salary 3301 BLIND CHILDREN Education 110 BLUE RIDGE JUDICIAL CIRCUIT Court reporters, office expense 482

Page 4264

BOILERS AND PRESSURE VESSELS Installation, etc. 546 BOND, JIMMY D. Compensation for damages 4106 BONDS County contractors 954 Investment of proceeds of bond sales 961 Posting of cash bonds 41 Release of persons charged with crime 72 Requirements in public lawsuits 815 Rights of juveniles 760 BOUNDARY, STATE Code 15-101 amended 678 Georgia-Florida 675 Georgia-South Carolina 677 BROOKS COUNTY Additional superior court judge 217 BRUNSWICK, CITY COURT OF Name changed to Civil and Criminal Court of Glynn County, etc. 3908 BRYAN COUNTY Deputy sheriffs, etc. 2406 BUFORD, CITY COURT OF Abolished 2819 BUFORD, CITY OF Charter amended 3967 BUILDING ADMINISTRATIVE BOARD Created, etc. 546 BUILDING AND LOAN ACT Amended, definitions 803 BUILDING AUTHORITY Security guards 233

Page 4265

BUILDING CODES State Building Administrative Board created, etc. 546 BURKE COUNTY Act placing sheriff on salary amended 2167 Chief assistant district attorney 951 Compensation of clerk of superior court 2158 Compensation of county commissioners 3631 Compensation of ordinary 2160 Senior superior court judge's secretary 64 Superior court office supplies 655 BUSINESS CORPORATION CODE Amended 152 BUTTS, BEN W. Compensation for damages 4117 BUTTS COUNTY Board of commissioners 2195 Board of education, referendum 2456 Costs in criminal cases 2664 Salary and secretary of district attorney 409 Tax receiver placed on salary 2661 C CAGLE, MRS. DORIS Compensation for damages 4141 CAIRO, CITY OF Charter amended 3745 CALHOUN, CITY OF Corporate limits 2997 CALHOUN ELKS HOME, INC. Lease of land authorized 209 CAMDEN COUNTY Office of tax commissioner created, referendum 3543

Page 4266

CANDLER COUNTY Clerk of board of commissioners 2233 Salary of ordinary 2235 CANTON, CITY OF Election of councilmen 2833 CAPITOL BUILDING AND GROUNDS Protection of 1060 CARRINGTON, MRS. HOLLIS Compensation for damages 4134 CARTERSVILLE, CITY OF New charter, referendum 2929 CASH BONDS Posting permitted 41 CATOOSA COUNTY Compensation of county commissioner, etc. 2193 Compensation of sheriff, etc. 2189 Superior court court reporter 207 CATOOSA COUNTY Superior court judge's supplement 418 Superior court terms 8 CAVE SPRING, CITY OF New charter 3872 CEMETERIES Registration and regulation 242 CENTRAL PRINTING AGENCY STUDY COMMITTEE Created 1106 CERTIFICATION OF WATER AND WASTEWATER TREATMENT PLANT OPERATORS ACT Enacted 272

Page 4267

CHARITABLE HOSPITALS Liability of trustees, etc, 709 CHARLTON COUNTY Board of education, referendum 2665 Education funds 622 School property tax digest 381 CHATHAM COUNTY HOSPITAL AUTHORITY Appointment of members 3603 CHATHAM COUNTY Civil service system Act amended 2985 Land conveyance authorized 1053 CHATTAHOOCHEE COUNTY Additional judge of superior court 850 Sheriff's salary 2268 CHATTAHOOCHEE JUDICIAL CIRCUIT Additional judge 850 Assistant district attorney 99 CHATTOOGA COUNTY, CITY COURT OF Name changed to Civil and Criminal Court of Chattooga County 3273 CHATTOOGA COUNTY Clerical help for ordinary 3271 Salaries of clerk of commissioners and warden of public works camp 2691 Salary of deputy clerk of superior court 3275 Salary of deputy tax commissioner 3278 Superior court court reporter 207 Superior court judge's supplemental 418 Superior court terms 8 CHEROKEE COUNTY Board of education, referendum 2829 Compensation of county commissioner's clerk 2826 Salaries of named officers, etc. 2821 Superior court court reporters, office expenses 482

Page 4268

CHEROKEE JUDICIAL CIRCUIT Terms 559 CHILD LABOR Employment of fifteen year olds during June, July and August 674 CHITWOOD, JOE JACKSON Compensation for damages 4125 CIGARETTE ADVERTISING Opposition to ban on advertising expressed 1065 CIGARS AND CIGARETTES Taxation 710 CITIZEN BAND RADIO OPERATORS Motor vehicle license plates 734 CITY COURT OF ALBANY Judges pro hac vice 2923 CITY COURT OF ATHENS Investigator 3934 CITY COURT OF BAINBRIDGE Name changed to Civil and Criminal Court of Decatur County 3625 CITY COURT OF BRUNSWICK Name changed to Civil and Criminal Court of Glynn County etc. 3908 CITY COURT OF BUFORD Abolished 2819 CITY COURT OF CHATTOOGA COUNTY Name changed to Civil and Criminal Court of Chattooga County 3273

Page 4269

CITY COURT OF CLAXTON Compensation of solicitor 2243 Judge's salary 2246 CITY COURT OF DOUGLAS Name changed to State Court of Douglas County 3862 CITY COURT OF GRIFFIN Name charged to State Court of Spalding County, salaries 2876 CITY COURT OF HABERSHAM Name charged to Civil and Criminal Court of Habersham County 2093 Salaries of judge and solicitor 2076 CITY COURT OF OGLETHORPE Judge's salary 3112 Name changed to State Court of Macon County 3346 Solicitor's salary 3110 CITY COURT OF SOPERTON Name changed to State Court of Treutlen, etc. 2201 CITY COURT OF SYLVESTER Practice of law by judge 2170 CITY COURT OF WALKER COUNTY Name changed to Civil and Criminal Court of Walker County 2423 Salaries of judge and solicitor 2425 CITY COURT OF WAYNESBORO Court stenographer 2156 CITY COURTS Associate judges in certain counties (135,000-140,000) 2396 CIVIL AND CRIMINAL COURT OF CHATTOOGA COUNTY Name changed from City Court of Chattooga County 3273

Page 4270

CIVIL AND CRIMINAL COURT OF COBB COUNTY Court of record, costs, etc. 2460 Salaries of judges and clerk 3588 Solicitor, etc. 2420 CIVIL AND CRIMINAL COURT OF DECATUR COUNTY Name changed from City Court of Bainbridge 3625 CIVIL AND CRIMINAL COURT OF DEKALB COUNTY Salaries of judges and solicitor 2443 CIVIL AND CRIMINAL COURT OF GLYNN COUNTY Name changed from City Court of Brunswick, etc. 3908 CIVIL AND CRIMINAL COURT OF HABERSHAM COUNTY Name changed from City Court of Habersham 2093 CIVIL AND CRIMINAL COURT OF WALKER COUNTY Name changed from City Court of Walker County 2423 CIVIL AERONAUTICS BOARD Flight between Atlanta, Ga. and Hawaii urged 1109 CIVIL COURT OF FULTON COUNTY Judges' salaries 2413 CIVIL PRACTICE ACT Findings of fact and conclusions of law by Superior Court judges 645 Service of summons on married minors 487 Third party complaints 979 CLAIMS ADVISORY BOARD Reports by State agencies, etc. 824 CLARKE COUNTY Board of education, referendum 3028 Expenses of district attorney 16 Sheriff's allowance for feeding prisoners 2616 CLARKESVILLE, CITY OF Compensation of mayor and council 3410

Page 4271

CLAXTON, CITY COURT OF Compensation of solicitor 2243 Judge's salary 2246 CLAYTON, CITY OF See tabular indexmunicipalities, home rule amendments. CLAYTON COUNTY Board of commissioners, etc. 3096 Civil service system Act amended 3340 CLAYTON JUDICIAL CIRCUIT Judges' supplement 353 CLERKS OF COURTS See also particular court. Venue of actions on bonds 740 CLERKS OF SUPERIOR COURT RETIREMENT SYSTEM Amended 668 CLINCH COUNTY Deputy sheriffs 2216 Tax collector and tax receiver placed on salaries 2211 CLINICAL LABORATORIES Committee to study licensing 1088 COASTAL ISLANDS STUDY COMMITTEE Created 121 COBB COUNTY, CIVIL AND CRIMINAL COURT OF Court of record, costs, etc. 2460 Salaries of judges and clerk 3588 Solicitor, etc. 2420 COBB COUNTY Act placing named officers on salaries amended 3342 Authority to adopt ordinances, etc. 2486 Board of education, referendum 2475 Bond of clerk of superior court 3541 Civil service system Act amended 2228 Compensation of board of county commissioners 3280 Juvenile Court judge's salary 3560 Salaries of tax commissioner and chief clerk 3565

Page 4272

COBB JUDICIAL CIRCUIT Court reporters 414 Salaries, investigator, etc. 213 COCHRAN, PAUL Compensation for damages 4116 CODE REVISION COUNCIL Membership 635 COFFEE COUNTY Audits 3093 COHUTTA, CITY OF Incorporated, referendum 2529 COLLEGE PARK, CITY OF Judge pro tem of city court 3569 Planning and zoning 4142 COLQUITT, CITY OF Salaries of mayor and councilmen 2613 COLQUITT COUNTY Additional superior court judge 217 Board of education, referendum 2559 Moultrie-Colquitt County Airport Authority Act amended 3798 COLUMBIA COUNTY Act placing named officials on salaries amended 2105 Chief assistant district attorney 951 Salary of chairman of county commissioners 2103 COLUMBUS, CITY OF See also tabular indexmunicipalities, home rule amendments. Corporate limits, referendum 3356 COMMERCE Taxation of foreign merchandise in transit 980 COMMISSIONER OF LABOR Installation of boilers and pressure vessels 546

Page 4273

COMPULSORY SCHOOL ATTENDANCE LAW Amended 682 CONSERVATION, STATE DIVISION OF Office to administer Federal funds 855 CONSTABLES Appointments, vacancies, etc. 351 Arrest powers, etc. 875 CONSTITUTION REVISION COMMISSION Created: etc. 1100 CONSUMER CREDIT CODE Study committee 630 CONTRACTORS Bonds of county contractors 954 CONTRACTS Contracts of certain disabled veterans 640 COOK COUNTY Act placing named officers on salaries amended 3402 Compensation of county commissioners 3408 Education funds 622 School property tax digest 381 Sheriff's compensation, etc. 3400 COOSA VALLEY AREA VOCATIONAL TECHNICAL SCHOOL SYSTEM Created 3710 CORDELE, CITY OF New charter, referendum 3806 CORDELE JUDICIAL CIRCUIT Court reporter's salary 657 CORDELE OFFICE BUILDING AUTHORITY ACT Amended 2926

Page 4274

CORONERS Compensation in certain counties, referendum (7,500-7,900) 3900 Compensation in certain counties (8,250-8,350) 3805 Compensation in certain counties (10,150-10,275) 878 CORPORATE LIMITS Procedure with approval of property owners 504 CORPORATIONS Corporation Code amended 152 Income tax 114 Railroad corporations, boards of directors, etc. 589 CORRECTIONS, STATE BOARD OF Confinement of prisoners 602 Court orders, prisoners as witnesses 607 Court orders, prisoners seeking trials 606 Released prisoners, etc. 600 Rules and regulations 598 COUNTIES Veterans preference in civil service programs 642 COUNTIES AND COUNTY MATTERS See also named counties Act regulating sale of alcoholic beverages amended 1140 Boards of county commissioners in certain counties (23,050-23,750) 3896 Bonds of contractors 954 Collection of certain taxes by State Revenue Commissioner 743 Compensation of elected officials in certain counties (120,000-140,000) 3899 Compensation of permanent employees in certain counties (120,000-140,000) 3897 Deposit of funds in certain counties (18,050-18,300) 3655 Expense allowances for county commissioners in certain counties (34,250-35,350) 3913 Funds for road purposes 845 Income tax information may be furnished to certain counties by State Revenue Commissioner (400,000 or more) 747 Payment of fines, etc. to county treasurers (500,000 or more) 3657

Page 4275

Pensions of policemen, firemen, etc. in certain counties (300,000 or more) 3652 Purchases by State Supervisor of purchases 940 Registration of mobile homes, etc. 847 Sale, etc. of alcoholic beverages in certain counties (14,486-14,540) 1146 Tax returns in certain counties (36,000-38,000) 738 Urban Redevelopment Law applicable to certain counties (40,000-42,000) 869 Urban Redevelopment Law applicable to certain counties (150,000-500,000) 807 COUNTY SUPERINTENDENTS OF SCHOOLS Vacancies 289 COUNTY SURVEYORS Method of filling vacancies 350 COURT REPORTERS See also named court. Additional court reporters etc. in certain counties (250,000-500,000) 876 COWETA COUNTY Act placing named officers on salaries amended 2844 Method of filling vacancies 3944 CRAWFORD COUNTY Assistant district attorneys 419 Ordinary placed on salary 2391 Salary of clerk of superior court 2389 Sheriff's compensation, etc. 2386 Superior court judges compensation 10 Superior court judges' salaries 971 CREDIT CARD ACT Enacted 87 CREDIT CARDS Crimes, etc. 128 CREW, ROGER Compensation for damages 4140

Page 4276

CRIMES Aircraft hijacking 741 Armed robbery 810 Compulsory school attendance law amended 682 Credit Cards 128 Distribution of harmful material to minors, etc. 222 CRIMINAL CODE OF GEORGIA Amended 857 CRIMINAL COURT OF FULTON COUNTY Assistant solicitors-general, salaries 2416 Compensation of judges and solicitor-general 2410 Superior court court reporter 657 CRIMINAL PROCEDURE Arrests for motor vehicle violations 759 Cash bonds permitted 41 Incarceration, etc. of juvenile misdemeanants and felons 996 Punishment for capital offenses 809 Release of persons charged with crime without bond 72 State Board of Pardons and Paroles, rules and regulations 948 Statewide Probation Act amended 945 CRISP COUNTY Salaries of named officers, etc. 2702 D DADE COUNTY Superior court court reporter 207 Superior court judge's supplement 418 Superior court terms 8 DALTON, CITY OF Corporate limits 2496 Employee's pension system Act amended 2126 Metropolitan government study commission 2479 DARIEN, CITY OF Mayor and councilmen 3372 DAWSON COUNTY Clerk of superior court and ordinary placed on salaries 2110 County commissioner's salary 2118

Page 4277

Salaries of sheriff and deputies 2113 Tax commissioner's salary 2116 DAWSON IMPLEMENT COMPANY Land conveyance authorized 211 DEAD ANIMAL DISPOSAL ACT Enacted 1018 DEAF CHILDREN Education 110 DECATUR COUNTY, CIVIL AND CRIMINAL COURT OF Named changed from City Court of Bainbridge 3625 DECATUR COUNTY Terms of superior court 662 DEKALB COUNTY, CIVIL AND CRIMINAL COURT OF Salaries of judges and solicitor 2443 DEKALB COUNTY, COLISEUM AUTHORITY Created, etc. 2567 DEKALB COUNTY COMPENSATION STUDY COMMITTEE Created 1126 DEKALB COUNTY HOSPITAL AUTHORITY Vacancies 3611 DEKALB COUNTY Exchange of easements 1122 Publications of quarterly audits 3795 Salary of district attorney, etc. 561 Stenographer for grand jury 3117 Terms of members of board of education 3586 Vacancies on board of county commissioners 3866 DEPOSITORIES, STATE Banks eligible for appointment 681 DEVELOPMENT AUTHORITIES LAW Enacted 137

Page 4278

DISABLED PERSONS Operation of vending stands 944 DISTRICT ATTORNEYS See also named court. Compensation of district attorneys in certain counties (135,000-140,000) 950 Definition, etc. 929 DODGE COUNTY Act placing sheriff and clerk of superior court on salaries amended 3282 Compensation, etc. of employees of tax commissioner 3287 Compensation of county commissioner and clerk 3290 Compensation of ordinary and clerk 3293 Superior court court reporter 664 DOGS Responsibility of owners, etc. 831 DOOLY COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Powers, etc. 3317 DOOLY COUNTY Act placing sheriff on salary amended 2162 Superior court court reporter 657 DORAVILLE, CITY OF Corporate limits, referendum 2501 DOUGHERTY COUNTY Compensation of county commissioners 2797 Compensation of sheriff and clerk of superior court 2293 Land conveyance authorized 1095 Salary of tax commissioner 2296 Sanitary districts 2980 DOUGHERTY JUDICIAL CIRCUIT Judge's salary 36 DOUGLAS, CITY COURT OF Name changed to State Court of Douglas County 3862

Page 4279

DOUGLAS, CITY OF Audits 3090 DOWER May be barred 40 Right of dower abolished 123 DRIVER RESPONSIBILITY LAW Amended 819 DUBLIN, CITY OF Corporate limits, referendum 2270 Salaries of mayor and aldermen 2253 E EAST POINT, CITY OF Local advisory board 3860 ECHOLS COUNTY Additional superior court judge 217 Salaries of county commissioners and county attorney 3677 EDISON, CITY OF Terms of mayor and councilmen, etc. 2610 EDUCATION Attendance records of students, etc. 838 Audits of boards of education in certain counties (250,000-500,000) 3654 Compulsory school attendance law amended 682 Cost of educational television 248 County school superintendents 289 Deaf, mute and/or blind children 110 Distribution of funds under Minimum Foundation Program for Education Act to certain counties 622 Notices of decisions on appeals to State Board of Education 708 Preschool age handicapped children 613 Public School Employees Retirement System 998 School Funds 721 School lunch programs, etc. 811 Silent prayer or meditation in public classrooms 488 Vocational schools 1017

Page 4280

EFFINGHAM COUNTY County commissioners' compensation 2404 ELECTION LAWS STUDY COMMITTEE Created 278 ELECTIONS Challenge of absentee ballots, etc. 280 Georgia Election Code amended 285 , 329 Georgia Election Code amended, returns of primaries and elections 292 Georgia Election Code Chapter 13 amended 308 Georgia Municipal Election Code amended 282 , 285 , 355 ELLIJAY, CITY OF Corporate limits, referendum 2606 EMANUEL COUNTY Terms of members of board of commissioners 3124 EMERSON, CITY OF Corporate limits 2928 EMINENT DOMAIN Acquisition of highway rights-of-way before need 492 Highway Relocation Assistance Act 495 EMPLOYEES' RETIREMENT SYSTEM ACT Amended 1013 , 1015 Amended, members appointed to superior court judgeships or district attorney 829 EMPLOYMENT Fifteen year olds during June, July and August 674 EMPLOYMENT SECURITY LAW Amended 249 Expenditure of funds by Department of Labor 379 EQUINES Georgia Equine Act 1021

Page 4281

EVANS COUNTY Compensation of ordinary 2241 EXCHANGE OF LAND IN FULTON COUNTY 1069 F FAIRBURN, CITY OF Corporate limits, referendum 4098 Elections 3869 FALLOUT SHELTERS Design of public buildings 1120 FAMILY AND CHILDREN SERVICES, DEPARTMENT OF Acceptance and incarceration of misdemeanants and felons 996 Emergency medical care for children 939 Reimbursement of counties 938 FANNIN COUNTY Act placing sheriff on salary amended 2634 Board of county commissioners, referendum 2641 Office of tax commissioner created, referendum 2637 Superior court court reporters, office expenses 482 FAYETTE COUNTY Superior court court reporter 648 Superior court judge's secretary 497 FEDERAL PARKWAYS Rights of way, etc. 982 FIERI FACIAS Easements not divested 39 FIREWORKS Manufacture and sale 1144 FIRST NATIONAL BANK TRUST COMPANY IN MACON Air space conveyance from City of Macon 3708 FITZGERALD, CITY OF Charter amended 3785

Page 4282

FLAME OF FREEDOM American Legion Flame of Freedom 66 FLINT JUDICIAL CIRCUIT Salary and secretary of district attorney 409 Terms in Henry County 221 FLORIDA Boundary between Georgia and Florida 675 FLOYD COUNTY Merit system act 2505 Superior court Judge's supplement 108 FOREST PARK, CITY OF Corporate limits 3550 FORESTRY COMMISSION Land conveyance authorized 628 FORSYTH COUNTY Act placing named officers on salaries amended 2033 County commissioners and county attorney 2030 Superior court court reporters, office expenses 482 FORT OGLETHORPE, TOWN OF Mayor and councilmen 3209 FORT VALLEY, TOWN OF Business licenses 3581 Charter amended 3584 FRANCIS, MISS ELEANOR Compensation for damages 4131 FREEDOM'S FOUNDATION OF VALLEY FORGE Medal of Honor Monument 1112 FULTON COUNTY, CIVIL COURT OF Judges' salaries 2413

Page 4283

FULTON COUNTY CIVIL SERVICE BOARD Compensation of members 2435 FULTON COUNTY, CRIMINAL COURT OF Assistant solicitors-general, salaries 2416 Compensation of judges and solicitor-general 2410 Method of filling vacancies 3944 FULTON COUNTY Assistant district attorneys 150 Board of education employees pension Act amended 2848 Board of education pension system Act amended 2524 , 3942 Employees' pension Act amended 2408 Fire stations 2853 Issuance of bonds without a referendum, proposed amendment to the Constitution 1153 Uniform sewer installation installments 3956 FURCRON, DR. A. S. Honorary State Geologist, etc. 1135 G GAME AND FISH Employees placed under State Merit System, etc. 644 Fox hunting illegal in certain counties (19,000-19,500) (28,200-28,800) 3707 Game and Fish Commission Act amended 812 GARDEN CITY Corporate limits, etc., referendum 2584 GAS SYSTEMS Safety requirements, etc. 50 GENERAL APPROPRIATIONS ACT Amended (Department of Industry and Trade) 382 Enacted 880 GENERAL APPROPRIATIONS BILL Procedure for considering 680

Page 4284

GENERAL ASSEMBLY Code Revision Council 635 Effective dates of Acts and Resolutions 7 Fiscal notes for bills relating to pensions, etc. 570 Fiscal Officer 232 Parking spaces for members 1119 Procedure for consideration of General Appropriations Bill 680 GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT Enacted 763 GEORGIA ANATOMICAL GIFT ACT Enacted 59 GEORGIA AUTHORS' WEEK Designated 1113 GEORGIA BUILDING AUTHORITY Security guards 233 GEORGIA COASTAL ISLAND STUDY COMMITTEE Created 121 GEORGIA ELECTION CODE Amended 285 , 329 Amended, challenge of absentee ballots, etc. 280 Amended, returns of primaries and elections 292 Chapter 13 amended 308 GEORGIA EQUINE ACT Enacted 1021 GEORGIA GIFT TO MINORS ACT Amended 24 GEORGIA HEALTH CODE Amended 715 Amended, mentally ill Georgians 837 Amended, rabies control 834 Hospitalization of the mentally ill 505

Page 4285

GEORGIA HIGHER EDUCATION ASSISTANCE AUTHORITY Created, etc. 683 GEORGIA HIGHER EDUCATION ASSISTANCE COMMITTEE ACT Amended 707 GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION Act amended 237 Contracts 827 GEORGIA INSURANCE CODE See insurance GEORGIA MEAT INSPECTION ACT Enacted 1028 GEORGIA MILITARY FORCES REORGANIZATION ACT Amended 228 GEORGIA MUNICIPAL ELECTION CODE Amended 282 , 285 , 355 GEORGIA NATURAL AREAS COUNCIL ACT Amended 750 GEORGIA POST MORTEM EXAMINATION ACT Compensation of jurors 761 Fees 38 GEORGIA SCENIC RIVERS ACT OF 1969 Enacted 933 GEORGIA SCIENCE AND TECHNOLOGY COMMISSION Members, etc. 730 GEORGIA SECURITIES ACT Amended, exempt transactions 235 Variable annuity contracts 722 GEORGIA STATE BOARD OF NURSING HOMES ACT Amended 744

Page 4286

GEORGIA STATE SCHOLARSHIP COMMISSION Act amended 246 Use of property received from private sources 826 GEORGIA STATE WAR VETERANS HOME Admission and discharge of veterans 633 GIFTS TO MINORS Georgia Gift to Minors Act amended 24 GILES, M. A. Compensation for damages 4128 GILMER COUNTY Superior court court reporters, office expenses 482 GLASCOCK COUNTY Deputy sheriffs 2922 GLYNN COUNTY, CIVIL AND CRIMINAL COURT OF Name changed from City Court of Brunswick, etc. 3908 GLYNN COUNTY Chief jailer 3905 GORDON COUNTY County commissioner's salary, budgets, etc. 3658 Superior court terms 559 GOVERNOR'S MANSION ON THE PRADO Disposal authorized 1061 GRADY COUNTY Education funds 622 Feasibility study of Tired Creek area as site for State Park 623 School property tax digest 381 GRAY, CITY OF Corporate limits 2977 GREENE COUNTY Expense allowance for district attorney 383 Land conveyance authorized 1083

Page 4287

GRIFFIN, CITY COURT OF Name changed to State Court of Spalding County, salaries 2876 GRIFFIN, CITY OF See also tabular indexmunicipalities, home rule amendments . Corporate limits 3395 GRIFFIN JUDICIAL CIRCUIT Compensation of court reporter 648 Judge's secretary 497 GROUP LIFE INSURANCE Assignments of incidents of ownership 32 Dependent coverage 22 GROVELAND LAKE DEVELOPMENT AUTHORITY Created, etc. 572 GUARDIAN AND WARD Preference of spouse as guardian 943 GUYTON, CITY OF Mayor's qualifications, salaries 3953 GUYTON, TOWN OF Corporate limits, referendum 3964 GWINNETT COUNTY Audits 2793 Compensation of named officers 2712 Compensation of tax commissioner 2715 Merit system 3051 Sewer and water system 3040 GWINNETT JUDICIAL CIRCUIT Investigator 48 H HABERSHAM, CITY COURT OF Name changed to Civil and Criminal Court of Habersham County 2093 Salaries of judge an solicitor 2076

Page 4288

HABERSHAM COUNTY, CIVIL AND CRIMINAL COURT OF Name changed from City Court of Habersham 2093 HABERSHAM COUNTY HOSPITAL AUTHORITY Board of trustees 2097 HABERSHAM COUNTY Clerk of superior court placed on salary 2095 Compensation of board of commissioners 2079 Compensation of tax commissioner, etc. 2199 Election and compensation of board of county commissioners 2069 Fire protection districts 2208 Ordinary placed on salary 2099 HANCOCK COUNTY Expense allowance for district attorney 383 HANDICAPPED CHILDREN Education of preschool age handicapped children 613 HAPEVILLE, CITY OF Mayor's veto power 3115 HARALSON COUNTY Act placing sheriff and ordinary on salaries amended 2431 County commissioner's salary 2433 Treasurer's salary 2429 HARALSON, TOWN OF Charter amended 2631 HARRIS COUNTY Act placing sheriff on salary amended 3632 Additional judge of superior court 850 HART COUNTY Assistant to tax commissioner 2062 Deputy clerk of superior court, clerk of ordinary 2057 Deputy sheriffs 2060 HARTWELL, CITY OF Charter amended 3626

Page 4289

HATCHERIES Registration 856 HAWKINSVILLE, CITY OF Authority to sell described tract of land 3307 Charter amended 3802 Corporate limits, referendum 3915 HAZLEHURST, CITY OF Salaries of mayor and commissioners 2995 HEALTH CODE Amended 715 Amended, mentally ill Georgians 837 Amended, rabies control 834 Hospitalization of the mentally ill 505 HEARD COUNTY Clerical assistant for clerk of superior court 2125 Compensation of county commissioners 2120 Salaries of sheriff and deputies 2122 HELEN, CITY OF New charter 3978 HELENA, CITY OF Charter amended 3644 HELMER, PERCY Land conveyance authorized 1081 HENRY COUNTY Compensation of tax commissioner 2761 County commissioners' compensation 2451 Salaries of named officials 2446 Salary and secretary of district attorney 409 Superior court terms 221 Treasurer's salary 2449 HENRY GRADY HOTEL PROPERTY Lease accepted 432

Page 4290

HIGHER EDUCATION ASSISTANCE AUTHORITY Created, etc. 683 HIGHER EDUCATION ASSISTANCE COMMITTEE ACT Amended 707 HIGHER EDUCATION ASSISTANCE CORPORATION Act amended 237 Contracts 827 HIGHWAY LAWS INTERIM STUDY COMMITTEE Created 1063 HIGHWAY RELOCATION ASSISTANCE ACT Enacted 495 HIGHWAYS Acquisition of rights-of-way before need 492 Expansion of National System of Interstate and Defense Highways urged 1104 Funds to counties for road purposes 845 Maintenance of State aid roads in municipalities 842 Regulations regarding installation of utility equipment 930 Rights of way for Federal Parkways, etc. 982 Welcome centers 609 HISTORIC SITES Preservation, etc. 993 HODGES, T. L. Compensation for damages 4130 HOLIDAYS Time of observing 9 HOLLOMAN, VERNON F. Compensation for damages 4122 HOLY BIBLES AND TESTAMENTS Suspension of sales tax ratified 1089 HOMERVILLE, CITY OF Elections 2214

Page 4291

HORSES Georgia Equine Act 1021 HOSPITAL AUTHORITIES ACT Amended 103 , 805 HOSPITALIZATION OF MENTALLY ILL PERSONS Procedures, etc. 505 HOSPITALS Liability of trustees, etc. of certain non profit hospitals, etc. 709 Suspension of sales tax ratified 1091 HOUSE OF REPRESENTATIVES Procedure for considering General Appropriations Bill 680 HOUSTON COUNTY Superior court judges compensation 10 Superior court judges' salaries 971 HOUSTON COUNTY, STATE COURT OF Designated as constitutional special court 2620 HOUSTON JUDICIAL CIRCUIT Created 427 HUMAN BODIES Anatomical Gift Act enacted 59 HUSBAND AND WIFE Petitions for change of permanent alimony 98 Preference of spouse as guardian 943 Suretyship of wife 72 I INCOME TAX Compensation of armed forces personnel 638 Forms 744 Information from returns to certain counties (400,000 or more) 747 Late filing of returns, etc. 719 Members of armed forces in Vietnam combat 647

Page 4292

INDUSTRY AND TRADE, DEPARTMENT OF General Appropriations Act amended 382 INFANTS Contracts of certain disabled veterans 640 INNIS, C. O. Compensation for damages 4112 INSTITUTE FOR RESEARCH IN BIO-TECHNOLOGY Created, etc. 987 INSURANCE Borrowed surplus 490 Coverage under group life policies 430 Exemptions from license examinations 583 Group life insurance 22 , 32 Group life policies 612 Investments by insurers 23 Licensing of nonresident agents 489 Powers of Insurance Commissioner 585 Surplus insurance 609 Variable annuity contracts 722 INSURANCE PREMIUM FINANCE COMPANY ACT Enacted 561 INTEREST RATES Lender Credit Card Act 87 Loans of $100,000 or more 80 Real estate loans 33 INTERSTATE PURCHASE OF RIFLES AND SHOTGUNS Regulated 804 INVESTMENT OF STATE RETIREMENT SYSTEM FUNDS Real estate loans 1114 IRWIN COUNTY Board of county commissioners 3119

Page 4293

J JACKSON COUNTY Superior court court reporter 57 Superior court terms 47 , 877 JASPER COUNTY Compensation of county commissioners 2291 Expense allowance for district attorney 383 Sheriff's compensation, etc. 2289 JEFF DAVIS COUNTY Clerk of superior court and ordinary placed on salaries 3418 Compensation of county commissioners 2992 Sheriff's salary, etc. 3415 JEFFERSON, CITY OF Charter amended, referendum 2987 JEFFERSON COUNTY Compensation of county commissioners and clerk 3724 Deputy sheriffs, etc. 3722 JESUP, CITY OF City attorney 4155 JOHNSON COUNTY Board of county commissioners, vacancies, compensation 2602 JOHNSON, GEORGE H. Exchange of land in Fulton County 1069 JOHNSON, WILLIAM B. Compensation for damages 4107 JOINT CITY-COUNTY PLANNING COMMISSIONS Authority 735 JOINT HIGHWAY LAWS STUDY COMMITTEE Created 1063

Page 4294

JONES COUNTY Compensation and election of county commissioners 2153 Compensation of sheriff, etc. 2150 Expense allowance for district attorney 383 JONES SUPERIOR COURT Law books 4142 JUDGES AND SOLICITORS RETIREMENT FUND ACT Amended 929 JUSTICE, K. W. Compensation for damages 4121 JUVENILE COURTS Judges salaries in certain counties (49,000-49,500) 3904 Judges' salaries in certain counties (500,000 or more) 2419 Juveniles' right to bail 760 Study committee 1057 L LABOR Employment of fifteen year olds during June, July and August 674 LABOR, COMMISSIONER OF Installation of boilers and pressure vessels 546 LABOR DEPARTMENT Employment Security Law amended 249 Expenditure of funds under Employment Security Law 379 Supplemental appropriation 376 LaFAYETTE, CITY OF New charter 2298 LaGRANGE, CITY OF Corporate limits 2182 LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY ACT Amended 397

Page 4295

LAKE LANIER ISLANDS DEVELOPMENT COMMISSION ACT Enacted 392 LAMAR COUNTY Compensation of clerk of superior court 2617 Salary and secretary of district attorney 409 Salary of chief deputy sheriff 3539 LANE, E. S. E. S. Lane Bridge designated 1080 LANIER COUNTY Clerk of superior court placed on salary 2717 Compensation of board of county commissioners 3617 Sheriff's salary, etc. 3616 LANIER, JOHN R. Compensation for damages 4138 LAURENS COUNTY Compensation of county commissioners 2274 Compensation of ordinary 2262 Salary of clerk of superior court 2255 Sheriff's salary 2257 Tax commissioner's salary 2259 Treasurer's salary 2250 LAURENS, STATE COURT OF Compensation of judge and solicitor 2248 LAW LIBRARIES Authorized in certain counties (7,375-7,750) 3947 Created in certain counties (20,200-20,500) 2019 LAWRENCEVILLE, CITY OF Corporate limits, referendum 3960 Elections 2799 LEE, CLYDE PERDIE Compensation for damages 4123 LEE COUNTY Expenses of sheriff's office 2394

Page 4296

LEGAL HOLIDAYS Time of observing 9 LEGISLATIVE SERVICE COMMITTEE Code Revision Council 635 LENDER CREDIT CARD ACT Enacted 87 LESLIE, TOWN OF Elections 2108 LEWIS, C. F. Compensation for damages 4109 LINCOLN COUNTY Expense allowance of district attorney 872 Salary of chairman of board of commissioners 3350 Sheriff's salary, etc. 3348 Treasurer, referendum 3352 LINCOLNTON AND LINCOLN COUNTY DEVELOPMENT AUTHORITY Members 2693 LITTLE, BUFORD Compensation for damages 4118 LIVESTOCK COMMISSION MERCHANTS Uniform Commercial Code amended 149 LOOKOUT MOUNTAIN JUDICIAL CIRCUIT Court reporter 207 Judge's supplement, repealed 418 Terms 8 LOUISVILLE, CITY OF Land conveyance 1058 LOWNDES COUNTY Additional superior court judge 217

Page 4297

LUDOWICI, CITY OF Charter amended 2144 LULA, CITY OF Salaries of officers and employees 2791 LUMPKIN COUNTY County commissioner's salary 3936 Sheriff's salary, etc. 3931 LYONS, CITY OF Corporate limits, referendum 3241 , 3244 Mc McCALL, JOHN M. Compensation for damages 4104 McGUIRE, MISS DORIS E. Compensation for damages 4129 McINTOSH COUNTY Ordinary placed on salary 3369 Salaries of county commissioners 3367 Salaries of tax commissioner's employees 3365 M MACON-BIBB COUNTY HOSPITAL AUTHORITY Easement for ingress and egress 1067 MACON, CITY OF Air space conveyance to First National Bank Trust Company in Macon 3708 Charter amended 2801 Corporate limits 2086 , 3036 Employees retirement system act amended 2082 MACON COUNTY, STATE COURT OF Name changed from City Court of Oglethorpe 3346 MACON JUDICIAL CIRCUIT Assistant district attorneys 419 Judges' compensation 10 Judges' salaries 971

Page 4298

MADISON AIRPORT AUTHORITY ACT Enacted 3729 MANSFIELD, TOWN OF Charter amended 2839 MARIETTA, CITY OF Ad valorem tax for public schools 3726 Bonds, proposed amendment to the Constitution 1150 Charter amended 2885 Pension plan for policemen and firemen 3101 MARION COUNTY Additional judge of superior court 850 MARRIAGE LICENSES Number of copies 959 MARRIED WOMEN Suretyship of wife 72 MASONIC HALL IN AUGUSTA Charter amended 3324 MATHIS, EDWIN Lease of land authorized 1077 MEAT INSPECTION ACT Enacted 1028 MEDICAL EXAMINERS BOARD Examinations and fees 718 MEDITATION Silent prayer or meditation in public school classrooms 488 MEIGS, TOWN OF Corporate limits, referendum 3562 MELTON, JAMES Resolution commemorating 1127

Page 4299

MENTALLY ILL PERSONS Hospitalization, etc. 505 Transfer of Georgia residents from out of State hospitals 837 MERIT SYSTEM OF PERSONNEL ADMINISTRATION Game and Fish Commission employees 644 Veterans preference 642 METTER, CITY OF Corporate limits, referendum 2230 MERIWETHER COUNTY Salaries of sheriff, clerk of superior court and ordinary 2225 Sale of property authorized 1129 MILITARY Georgia Military Forces Reorganization Act amended 228 MILNER, TOWN OF New charter as City of Milner 3475 MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT Amended, school lunches 811 Amended, vocational schools 1017 Cost of educational television 248 MINORS Employment of fifteen year olds during June, July and August 674 Georgia Gift to Minors Act amended 24 Service of summons on married minors 487 MITCHELL COUNTY Compensation of county commissioners 3608 Office of treasurer abolished 3064 MOBILE HOMES Dealer license plates 135 Registration, etc. 847 MOHR, WILFRED J. Land conveyance authorized 263

Page 4300

MOINA MICHAEL HIGHWAY Designated 615 MONROE COUNTY Compensation of county commissioners 3629 Salary and secretary of district attorney 409 MONTEZUMA, CITY OF Elections 3104 MONTGOMERY COUNTY Superior court court reporter 664 MORGAN COUNTY Expense allowance for district attorney 383 MORGENTHALER, JAMES W. Compensation for damages 4108 MORRIS, MISS LINDA DEANNE Compensation for damages 4105 MOSS, E. M. Compensation for damages 4114 MOTORCYCLES Operation and safety equipment 732 MOTOR FUEL TAXATION Motor fuel tax law amended 486 MOTOR VEHICLE RACETRACKS Licensing, etc. 870 MOTOR VEHICLES Arrests for violation may be made by citation, etc. 759 Driver Responsibility Law amended 819 Inspections 271 License fees of motor vehicles operated over routes of fifty miles or less 981 License plates for operators of citizen band radios 734 Motorcycles, operation and safety equipment 732

Page 4301

Overheight vehicles 637 Registration by certificated or registered motor carriers 262 Registration, license plates, etc. 266 Suspension of operators' licenses 849 Temporary operators permits 991 MOTOR VEHICLE CERTIFICATE OF TITLE ACT Amended 92 MOULTRIE-COLQUITT COUNTY AIRPORT AUTHORITY ACT Amended 3798 MOUNTAIN VIEW, CITY OF Charter amended 3636 MOUNT VERNON, CITY OF Charter amended 2205 MUNICIPAL BONDS Retention of income tax exemptions urged 1115 MUNICIPAL COURT OF SAVANNAH Comprehensive Act 2857 MUNICIPAL ELECTION CODE Amended 282 , 285 , 355 MUNICIPALITIES Act regulating sale of alcoholic beverages amended 1140 Annexation with approval of property owners 504 Collection of certain taxes by State Revenue Commissioner 743 Firemen's pension system act amended as to certain municipalities (150,000 or more) 3393 Information from Revenue Commissioner to certain municipalities (400,000 or more) 1137 Maintenance of State aid roads 842 Pension system amended as to certain municipalities (150,000 or more) 2625 Policemens' pension system amended as to certain municipalities (150,000 or more) 3394 Purchases by State Supervisor of Purchases 940 Registration of mobile homes, etc. 847 Taxation of certain occupations and professions 426 Veterans preference in civil service programs 642

Page 4302

MURRAYVILLE, CITY OF Incorporated, referendum 2346 MUSCOGEE COUNTY Additional judge of superior court 850 Assistant district attorney 99 Charter commission 3571 Employees' pension fund Act amended 2073 Recorder's court, ordinances 2678 MUTE CHILDREN Education 110 N NATIONAL BICENTENNIAL CELEBRATION Georgia Commission created 1074 NATIONAL GUARD Georgia Military Forces Reorganization Act amended 228 NATURAL AREAS COUNCIL ACT Amended 750 NEWINGTON, TOWN OF New charter 2003 NEWNAN, CITY OF Charter amended, referendum 2784 NEWTON COUNTY Education funds 622 Salary of district attorney, etc. 561 School property tax digest 381 NORCROSS, CITY OF Charter amended 3048 NORTHERN JUDICIAL CIRCUIT Terms in Oglethorpe County 845 NORTH GEORGIA MOUNTAINS AUTHORITY ACT Amended 828

Page 4303

NURSING HOMES Georgia State Board of Nursing Homes Act amended 744 O OBSCENE MATERIALS Distribution to minors, etc. a crime 222 OCEAN SCIENCE CENTER OF THE ATLANTIC COMMISSION ACT Amended 754 OCONEE COUNTY Expenses of district attorney 16 Salary of chairman of county commissioners 2142 OCONEE JUDICIAL CIRCUIT Court reporter 664 OCMULGEE JUDICIAL CIRCUIT Expense allowance for district attorney 383 OGLETHORPE, CITY COURT OF Judge's salary 3112 Name changed to State Court of Macon County 3346 Solicitor's salary 3110 OGLETHORPE COUNTY Superior court terms 845 OLDER GEORGIANS Bill of rights, a resolution 265 ORDINARIES Copies of marriage licenses 959 Method of filling vacancies 290 Qualifications in certain counties (43,550-45,550) 3679 OVERHEIGHT MOTOR VEHICLES Permits 637 OXFORD, TOWN OF Mayor and councilmen 2835

Page 4304

P PALMETTO, CITY OF Recorder's court 2278 PARDONS AND PAROLES, STATE BOARD OF Rules and regulations 948 PARENTS AND CHILD Rights of adopted children, etc. 927 PARKS, STATE Feasibility study of Tired Creek area of Grady County 623 PAROLES State Board of Pardons and Paroles, rules and regulations 948 PARSON, TRAVIS Compensation for damages 4124 PAULDING COUNTY WATER AUTHORITY Bonds 2038 PEACH COUNTY Assistant district attorneys 419 Superior court judges compensation 10 Superior court judges' salaries 971 PEACH COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created 2695 PEACE OFFICERS Arrests for motor vehicle violations 759 Powers of arrest 732 PEACE OFFICERS ANNUITY AND BENEFIT FUND ACT Amended 74

Page 4305

PEARSON, CITY OF Industrial Authority Act 2905 PENSION BILLS Fiscal notes, etc. 570 PERMANENT ALIMONY Petition for change 98 PERRY, RICHARD FLOYD Compensation for damages 4115 PHARMACY, STATE BOARD OF Revocation of licenses 936 PICKENS COUNTY Deputy sheriffs 3682 School superintendent, referendum 3066 Superior court court reporters, office expenses 482 Utilities districts 3680 Water and sewer Act 2764 PIEDMONT JUDICIAL CIRCUIT Compensation of court reporter 57 Terms 47 PIKE COUNTY Superior court court reporter 648 Superior court judge's secretary 497 PLANNING COMMISSIONS Authority of joint city-county commissions 735 PLANTATION PIPE LINE COMPANY Easement of land in Fort Yargo State Park 618 PLUMBING CONTRACTORS State examining board Act amended 853 POLK COUNTY Meetings of county commissioners 3619 Sheriff's motor vehicles 3622 PORNOGRAPHIC MATERIALS Distribution to minors, etc. 222

Page 4306

PORTERDALE, TOWN OF Mayor and councilman 2841 Salaries of mayor and councilmen 2846 PORT WENTWORTH, CITY OF Authority to close and sell designated streets 2628 POST MORTEM EXAMINATION ACT Compensation of jurors 761 Fees 38 POWDER SPRINGS, CITY OF Charter amended 3554 Corporate limits 2982 PRACTICE AND PROCEDURE Actions by administrators and executors 762 Adoption of children 927 Appeals from tax assessments of arbitrators 942 Bonds in public lawsuit 815 Court orders, prisoners as witnesses 607 Court orders, prisoners seeking trials 606 Findings of fact, etc. by superior court judges 645 Hearings before Workmen's Compensation Board 205 Juveniles' right to bail 760 Liability of trustees, etc. of certain non profit hospitals, etc. 709 Petitions for change of permanent alimony 98 Posting of cash bonds 41 Punishment for capital offenses 809 Right of dower abolished 123 Service of summons on married minors 487 Third party complaints 979 Venue of action on bonds of court clerks, etc. 740 Workmen Compensation claims 671 PRAYER Silent prayer or meditation in public school classrooms 488 PRESSURE VESSELS Installation, etc. 546 PROBATION Statewide Probation Act amended 945

Page 4307

PROFESSIONS Municipal taxation 426 PROVIDENCE CANYON STUDY COMMITTEE Created 1107 PUBLIC BUILDINGS Design for use as fallout shelters 1120 PUBLIC LAWSUITS Requirements for bonds 815 PUBLIC LEGAL HOLIDAYS Time of observing 9 PUBLIC SAFETY, DEPARTMENT OF Driver Responsibility Law amended 819 Land in Baldwin County 628 Licensing of racetracks, etc. 870 Motorcycles, operation and safety equipment 732 Motor vehicle inspections 271 Salaries, etc. 147 Salary of deputy director 145 Suspension of motor vehicle operators' licenses 849 Temporary operators permits 991 PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM Enacted 998 PUBLIC SERVICE COMMISSION Registration of motor vehicles by certificated or registered motor carriers 262 PULASKI COUNTY Act placing ordinary on salary amended 3310 Superior court court reporter 664 PUTNAM COUNTY Act placing sheriff on salary amended, referendum 2670 Compensation, etc. of tax commissioner 3126 Expense allowance for district attorney 383 Salaries of county commissioners and clerk, referendum 3598 Salary of clerk of superior court, etc., referendum 3594 Salary of ordinary, referendum 3130

Page 4308

R RABUN C.A.T.V. Lease of land authorized 1116 RABUN COUNTY Board of commissioners 2397 Sheriff's salary, etc. 3975 RACETRACKS Licensing, etc. 870 RAILROAD CORPORATIONS Board of directors, etc. 589 RANDOLPH COUNTY Clerk of superior court's clerical assistants 2276 Salary, etc. of ordinary 2221 Sheriff's salary, etc. 2223 RANSOM FLORAL COMPANY Compensation for damages 4119 REAL ESTATE Interest on loans 33 REAL PROPERTY Easements not divested by sales under certain fieri facias 39 Tax on transfers, exemptions 109 RESOLUTIONS Effective dates of Resolutions of General Assembly 7 RETIREMENT BILLS Fiscal notes, etc. 570 REVENUE Appeals from assessments of arbitrators 942 Collection of certain county and municipal taxes by State Revenue Commissioner 743 Compensation of Armed Forces personnel subject to income tax 638 Dealer plates for mobile home transporters 135

Page 4309

Foreign merchandise in transit 980 Funds to counties for road purposes 845 Income tax forms 744 Income tax information to certain counties (400,000 or more) 747 Income tax, members of Armed Forces in Vietnam combat 647 Income tax on corporations 114 Information from State Revenue Commissioner to certain municipalities (400,000 or more) 1137 Late filing of income tax returns, etc. 719 License fees of motor vehicles operated over routes of fifty miles or less 981 Motor Vehicle Certificate of Title Act amended 92 Motor vehicle license plates for operators of citizen band radios 734 Return of property for ad valorem taxation 960 Taxation of cigars and cigarettes 710 Taxation on wines 111 Tax on transfer of real property 109 Tax returns in certain counties (36,000-38,000) 738 REVENUE BOND STUDY COMMITTEE Created 1121 RICHLAND, CITY OF Corporate limits 2266 RICHMOND COUNTY Board of education 3567 Chief assistant district attorney 951 Joint board of tax assessors 2514 Traffic ordinances 2657 RIDER, MRS. FRED Compensation for damages 4110 RIFLES Interstate purchase regulated 804 RINCON, TOWN OF Recorder's court 2042 ROBINSON, HERMAN Compensation for damages 4112

Page 4310

ROCKDALE COUNTY Act placing sheriff on salary amended 2179 Clerk of superior court placed on salary 2176 Compensation of county commissioners 2171 Ordinances 3639 Ordinary placed on salary 2173 Salary, etc. of tax commissioner 2219 Salary of district attorney, etc. 561 ROME, CITY OF Chiefs of police and fire departments 3715 Investment of retirement system funds 2658 ROME JUDICIAL CIRCUIT Judge's supplement 108 ROSSVILLE, CITY OF New charter, referendum 4014 ROYSTON, CITY OF City manager 2707 Recorder's court 3604 RUSSELL, SENATOR RICHARD B. Senator Richard B. Russell Scenic Highway designated 99 RUST, MRS. JESSIE L. Compensation for damages 4103 S SAINT MARYS, CITY OF Authority to close and abandon named streets, etc. 3661 SALES TAX See also Revenue Suspension of sales and use tax on certain tangible personal property ratified 1093 Suspension on sales of Holy Bibles and Testaments 1089 Suspension on sales to non-profit hospitals ratified 1091 SANDERS, IDUS EUGENE Compensation for damages 4129

Page 4311

SANDERSVILLE, CITY OF Charter amended, referendum 2467 SAPP, J. C. Compensation for damages 4127 SARDIS, CITY OF New charter 2727 SAVANNAH, CITY OF Corporate limits 2453 SAVANNAH, MUNICIPAL COURT OF Comprehensive Act 2857 SCENIC HIGHWAY U.S. Highway from Griffin to Georgia-Florida border 1073 SCENIC RIVERS ACT OF 1969 Enacted 933 SCHOLARSHIP COMMISSION, STATE Use of property received from private sources 826 SCHOLARSHIP STUDY COMMITTEE Created 632 SCHOOL FUNDS Separation of school funds from other funds 721 SCHOOL LUNCHES Expenditure of tax funds, etc. 811 SCHLEY COUNTY Act placing sheriff on salary amended 3107 SCIENCE AND TECHNOLOGY COMMISSION Members, etc 730 SCOTT, TOWN OF New charter 3590 SCREVEN COUNTY Compensation of ordinary 2701

Page 4312

SECRETARY OF STATE Protection of Capitol grounds, etc. 1060 SECURITIES Exempt transactions under Georgia Securities Act 235 Variable annuity contracts 722 SEMINOLE COUNTY Education funds 622 School property tax digest 381 Sheriff's salary 2605 SEMINOLE COUNTY SMALL CLAIMS COURT Created, referendum 2590 SENOIA, CITY OF New charter 3751 SHERIFFS See also particular county . Compensation in certain counties (500,000 or more) 2247 Compensation of employees, etc. in certain counties (135,000-140,000) 3901 SHERIFFS' RETIREMENT FUND OF GEORGIA ACT Amended 586 SHOTGUNS Interstate purchase regulated 804 SILENT PRAYER Silent prayer or meditation in public school classrooms 488 SMALL CLAIMS COURTS See also particular county . Act creating in certain counties amended (9,977-10,140) 3800 SMITH, MRS. BETTY Compensation for damages 4133 SMITHVILLE, CITY OF Ad valorem taxation 2024

Page 4313

SMYRNA, CITY OF Corporate limits, etc. 3666 , 3856 SOLICITOR-GENERAL Means district attorney, etc. 929 SOPERTON, CITY COURT OF Name changed to State Court of Treutlen, etc. 2201 SOUTH CAROLINA Boundary between Georgia and South Carolina 677 SOUTH GEORGIA JUDICIAL CIRCUIT Terms in Decatur County 662 SOUTHERN JUDICIAL CIRCUIT Additional judge 217 SPALDING COUNTY Small claims court, referendum 3687 Superior court court reporter 648 Superor court judge's secretary 497 SPALDING COUNTY, STATE COURT OF Name changed from City Court of Griffin, salaries 2876 SPARTAN RADIOCASTING COMPANY Lease of land authorized 1116 STATE AID ROADS Maintenance in municipalities 842 STATE ARCHAEOLOGIST Office created, preservation of historic sites, etc. 993 STATE BOARD OF CORRECTIONS Court orders, prisoners as witnesses 607 Court orders, prisoners seeking trials 606 Confinement of prisoners 602 Released prisoners, etc. 600 Rules and regulations 598

Page 4314

STATE BOARD OF EDUCATION See also Education Notices of decisions on appeals 708 STATE BOARD OF EXAMINERS OF PLUMBING CONTRACTORS ACT Amended 853 STATE BOARD OF MEDICAL EXAMINERS Examinations and fees 718 STATE BOARD OF NURSING HOMES ACT Amended 744 STATE BOARD OF PHARMACY Revocation of licenses 936 STATE BUILDING ADMINISTRATIVE BOARD Created, etc. 546 STATE BOUNDARIES Code 15-101 amended 678 Georgia-Florida 675 Georgia-South Carolina 677 STATE COMMUNICATIONS COMMITTEE Created, etc. 616 STATE COURT OF DOUGLAS COUNTY Name changed from City Court of Douglas 3862 STATE COURT OF HOUSTON COUNTY Designated as constitutional special court 2620 STATE COURT OF LAURENS Compensation of judge and solicitor 2248 STATE COURT OF MACON COUNTY Name changed from City Court of Oglethorpe 3346 STATE COURT OF SPALDING COUNTY Name changed from City Court of Griffin, salaries 2876

Page 4315

STATE COURT OF TREUTLEN Name changed from City Court of Soperton, etc. 2201 STATE DEPARTMENT OF AIR TRANSPORTATION Members 673 STATE DEPARTMENT OF VETERANS SERVICE Purchase of ambulance 634 STATE DEPOSITORIES Banks eligible for appointment 681 STATE DIVISION OF CONSERVATION Office to administer Federal funds 855 STATE PARKS Feasibility study of Tired Creek area of Grady County 623 STATE RETIREMENT SYSTEMS FUNDS Investment of funds 1114 STATE SCHOLARSHIP COMMISSION Act amended 246 Use of property received from private sources 826 STATEWIDE PROBATION ACT Amended, rules and regulations 945 STATHAM, CITY OF Corporate powers 2240 Exchange of land authorized 2237 STATUTES Effective dates 7 Fiscal notes for Bills relating to pensions, etc. 570 STEPHENS COUNTY Meetings and salaries of county commissioners 2131 STEVENS, J. P. CO., INC. Land conveyance authorized 626

Page 4316

STEWART COUNTY Board of education, referendum 2264 STONE MOUNTAIN JUDICIAL CIRCUIT Salary of district attorney, etc. 561 SUMTER COUNTY Compensation of clerk of superior court, etc. 2527 SUPERIOR COURT CLERKS Retirement system Act amended 668 SUPERIOR COURTS See also Tabular IndexSuperior Courts. Deposits of funds in certain counties (250,000-500,000) 3653 Expenses in certain counties (13,275-13,600) 844 Judges' compensation 113 SUPERVISOR OF PURCHASES Purchases for subdivisions of State 940 Workmen's compensation self insurance program 234 SUPPLEMENTAL APPROPRIATIONS Amended 124 Department of Labor 376 Enacted 42 SURETYSHIP Suretyship of wife 72 SWAINSBORO, CITY OF Mayor's term of office 3122 SWEETWATER WILDERNESS SITE Acquisition urged 614 SYLVESTER, CITY COURT OF Practice of law by judge 2170

Page 4317

T TALBOT COUNTY Additional judge of superior court 850 TATE WATER AND SEWER ACT Enacted 3069 TATTNALL COUNTY Compensation of chairman of board of education 2135 Compensation of chairman of county commissioners 2137 Compensation of clerk of superior court and assistants 2139 Compensation of ordinary 2133 Compensation of sheriff, etc. 2147 TAXATION See also Revenue. Appeals from assessments of arbitrators 942 Cigars and cigarettes 710 Collection of certain county and municipal taxes by State Revenue Commissioner 743 Compensation of Armed Forces personnel 638 Easements over real property not divested, when 39 Foreign merchandise in transit 980 Income tax forms 744 Income tax information furnished to certain counties (400,000 or more) 747 Information from State Revenue Commissioner to certain municipalities (400,000 or more) 1137 Late filing of income tax returns, etc. 719 License fees of motor vehicles operated over routes of fifty miles or less 981 Members of Armed Forces in Vietnam combat 647 Motor fuel tax law amended 486 Municipal taxation of certain occupations and professions 426 Registration, license plates, etc. for motor vehicles 266 Return of property for ad valorem taxation 960 School property tax digest for certain counties 381 Tax returns in certain counties (36,000-38,000) 738 TAX COMMISSIONERS Powers in certain counties (11,750-12,000) 3406 TAYLOR COUNTY Additional judge of superior court 850 TEACHERS' RETIREMENT SYSTEMS ACT Amended 227 , 384 , 388 , 391 , 431 , 582 , 672

Page 4318

TELEVISION Cost of educational television 248 TELFAIR COUNTY Board of education members, referendum 3641 Clerk of superior court placed on salary 4144 County commissioner's salary 2975 Ordinary placed on salary 4148 Salary of tax commissioner 3087 Sheriff's salary 2973 Superior court court reporter 664 THOMAS COUNTY Additional superior court judge 217 THOMASTON, CITY OF Corporate limits 2649 THOMSON, CITY OF Sale and disposition of property 3684 TIFT COUNTY DEVELOPMENT AUTHORITY Bonds 2874 TIFT COUNTY Act placing sheriff on salary amended 3719 Salaries of chairman and vice chairman of board of commissioners 3470 Salary of ordinary 3718 TIFTON, CITY OF City manager's salary 3133 Corporate limits, referendum 2674 TIME Amendment to Uniform Time Act of 1966 urged 1056 TIRED CREEK Feasibility study as site for State park 623 TOBACCO Maximum rate of sales at warehouses 941

Page 4319

TOCCOA, CITY OF Ad valorem tax rate 841 TOOMBS COUNTY Employees of governing authority 3701 Salary of tax receiver, etc. 3705 TOOMBS JUDICIAL CIRCUIT District attorney 872 TORTS Actions by administrators and executors 762 Damage done by dogs, etc. 831 TRAILERS Registration of mobile homes, etc. 847 TREUTLEN, STATE COURT OF Name changed from City Court of Soperton, etc. 2201 TRIAL JUDGES AND SOLICITORS RETIREMENT FUND ACT Amended 929 TROTTER, TOM Compensation for damages 4126 TRUSTEES Investment of trust funds 963 Liability of trustees, etc., of certain non profit hospitals, etc. 709 TRUSTEES OF MASONIC HALL IN AUGUSTA Charter amended 3324 TURNER COUNTY Compensation of board of commissioners 3412 Sheriff's expenses 3468 TWIGGS COUNTY Act placing sheriff on salary amended 2782 Compensation of county commissioners 2286

Page 4320

U UNADILLA, CITY OF Corporate limits 2090 UNDERGROUND GAS SYSTEMS Safety requirements, etc. 50 UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS Amended, motor vehicle inspections 271 UNIFORM COMMERCIAL CODE Charge backs by banks 956 Livestock commission merchants 149 UNIFORM CONSUMER CREDIT CODE Study committee 630 UNIFORM TIME ACT Amendment by Congress urged 1056 UNION CITY, CITY OF Charter amended 3939 UNIVERSITY SYSTEM OF GEORGIA Land conveyance authorized 3 UPSON COUNTY Superior court court reporter 648 Superior court judge's secretary 497 URBAN REDEVELOPMENT LAW Applicable to certain counties (40,000-42,000) 869 Applicable to certain counties (150,000-500,000) 807 USURY Interest rates on loans of $100,000 or more 80 Interest rates on real estate loans 33 Lender Credit Card Act 87 UTILITIES Regulation of installations on highway right of ways, etc. 930

Page 4321

V VALDOSTA, CITY OF Corporate limits 3212 VARIABLE ANNUITY CONTRACTS Insurance Code amended 723 Securities Act amended 722 VENDING STANDS Act providing for operation by disabled persons amended 944 VERNONBURG, TOWN OF Corporate limits 2164 VETERANS Admission, etc. of veterans to War Veterans Home 633 Contracts of certain disabled veterans 640 Preference in civil service program 642 Purchase of ambulance by State Department of Veterans Service 634 W WALKER COUNTY, CITY COURT OF Name changed to Civil and Criminal Court of Walker County 2423 Salaries of judge and solicitor 2425 WALKER COUNTY, CIVIL AND CRIMINAL COURT OF Name changed from City Court of Walker County 2423 WALKER COUNTY Automobile for use of county commissioner 2782 Superior court court reporter 207 Superior court judge's supplement 418 Superior court terms 8 Supplies for sheriff's office 3239 WALL, DONALD L. Compensation for damages 4136 WALNUT GROVE, TOWN OF New charter 3422

Page 4322

WALTON COUNTY Board of commissioners 2051 Board of education 2054 Clerk of superior court and ordinary 2045 Expenses of district attorney 16 Sheriff's salary, etc. 2027 Tax commissioner 2048 WARNER ROBINS, CITY OF Charter amended 3927 Corporate limits, referendum 3920 Form of government, referendum 3647 WARREN COUNTY Small Claims Court 2911 WAR VETERANS HOME Admission and discharge of veterans 633 WASHINGTON COUNTY Commissioners' expense allowances 2473 WASTEWATER PLANT OPERATORS Licensing, etc. 272 WATER PLANT OPERATORS Licensing, etc. 272 WAYNE COUNTY Education funds 622 Hospital authority members 2725 School property tax digest 381 WAYNESBORO, CITY COURT OF Court stenographers 2156 WELCOME, CENTERS Authorized, etc. 610 WELLS, ARTESIAN Capping required, etc. 669

Page 4323

WESTERN JUDICIAL CIRCUIT Expenses of district attorney 16 WHEELER COUNTY Superior court court reporter 664 WHITE COUNTY Ordinary placed on salary 3972 WHITFIELD COUNTY County employees 3398 Land abandoned for park purposes 1085 Metropolitan government study commission 2479 Utility districts 2484 WILCOX COUNTY Sheriff's expense allowance 3321 Superior court court reporter 657 WILKES COUNTY Expense allowance of district attorney 872 Salary of clerk of superior court 3970 Small claims court 4003 WILKINSON COUNTY Expense allowance for district attorney 383 Terms of county commissioners 3315 WILLIAMS, PAUL Compensation for damages 4139 WILLS AND ADMINISTRATION OF ESTATES Administrator de bonis non with will annexed 1139 Adopted children 927 Dower rights 40 Right of dower abolished 123 Tort actions by administrators and executors 762 WINES Taxation 111

Page 4324

WORKMEN'S COMPENSATION Hearings 205 Liability of principals, intermediates, and sub-contractors 671 Self insurance program covering State employees 234 Z ZONING Joint city-county planning commissions 735

Page 4325

POPULATION OF GEORGIA COUNTIES County 1960 1950 1940 1930 1920 Appling 13,246 14,003 14,497 13,314 10,594 Atkinson 6,188 7,362 7,093 6,894 7,656 Bacon 8,359 8,940 8,096 7,055 6,460 Baker 4,543 5,952 7,344 7,818 8,298 Baldwin 34,064 29,706 24,190 22,878 19,791 Banks 6,497 6,935 8,733 9,703 11,814 Barrow 14,485 13,115 13,064 12,401 13,188 Bartow 28,267 27,370 25,283 25,364 24,527 Ben Hill 13,633 14,879 14,523 13,047 14,599 Berrien 12,038 13,966 15,370 14,646 15,573 Bibb 141,249 114,079 83,783 77,042 71,304 Bleckley 9,642 9,218 9,655 9,133 10,532 Brantley 5,891 6,387 6,871 6,895 Brooks 15,292 18,169 20,497 21,330 24,538 Bryan 6,226 5,965 6,288 5,952 6,343 Bulloch 24,263 24,740 26,010 26,509 26,133 Burke 20,596 23,458 26,520 29,224 30,836 Butts 8,976 9,079 9,182 9,345 12,327 Calhoun 7,341 8,578 10,438 10,576 10,225 Camden 9,975 7,322 5,910 6,338 6,969 Campbell 9,903 11,709 Candler 6,672 8,063 9,103 8,991 9,228 Carroll 36,451 34,112 34,156 34,272 34,752 Catoosa 21,101 15,146 12,199 9,421 6,677 Charlton 5,313 4,821 5,256 4,381 4,536 Chatham 188,299 151,481 117,970 105,431 100,032 Chattahoochee 13,011 12,149 15,138 8,894 5,266 Chattooga 19,954 21,197 18,532 15,407 14,312 Cherokee 23,001 20,750 20,126 20,003 18,569 Clarke 45,363 36,550 28,398 25,613 26,111 Clay 4,551 5,844 7,064 6,943 5,557 Clayton 46,365 22,872 11,655 10,260 11,159 Clinch 6,545 6,007 6,437 7,015 7,984 Cobb 114,174 61,830 38,272 35,408 30,437 Coffee 21,953 23,961 21,541 19,739 18,653 Colquitt 34,048 33,999 33,012 30,622 29,332 Columbia 13,423 9,525 9,433 8,793 11,718 Cook 11,822 12,201 11,919 11,311 11,180 Coweta 28,893 27,786 26,972 25,127 29,047 Crawford 5,816 6,080 7,128 7,020 8,893 Crisp 17,768 17,663 17,540 17,343 18,914 Dade 8,666 7,364 5,894 4,146 3,918 Dawson 3,590 3,712 4,479 3,502 4,204 Decatur 25,203 23,620 22,234 23,622 31,785 DeKalb 256,782 136,395 86,942 70,278 44,051 Dodge 16,483 17,865 21,022 21,599 22,540 Dooly 11,474 14,159 16,886 18,025 20,522 Dougherty 75,680 43,617 28,565 22,306 20,063 Douglas 16,741 12,173 10,053 9,461 10,477 Early 13,151 17,413 18,679 18,273 18,983 Echols 1,876 2,494 2,964 2,744 3,313 Effingham 10,144 9,133 9,646 10,164 9,985 Elbert 17,835 18,585 19,618 18,485 23,905 Emanuel 17,815 19,789 23,517 24,101 25,862 Evans 6,952 6,653 7,401 7,102 6,594 Fannin 13,620 15,192 14,752 12,969 12,103 Fayette 8,199 7,978 8,170 8,665 11,396 Floyd 69,130 62,899 56,141 48,677 39,841 Forsyth 12,170 11,005 11,322 10,624 11,755 Franklin 13,274 14,446 15,612 15,902 19,957 Fulton 556,326 473,572 392,886 318,587 232,606 Gilmer 8,922 9,963 9,001 7,344 8,406 Glascock 2,672 3,579 4,547 4,388 4,192 Glynn 41,954 29,046 21,920 19,400 19,370 Gordon 19,228 18,922 18,445 16,846 17,736 Grady 18,015 18,928 19,654 19,200 20,306 Greene 11,193 12,843 13,709 12,616 18,972 Gwinnett 43,541 32,320 29,087 27,853 30,327 Habersham 18,116 16,553 14,771 12,748 10,730 Hall 49,739 40,113 34,822 30,313 26,822 Hancock 9,979 11,052 12,764 13,070 18,357 Haralson 14,543 14,663 14,377 13,263 14,440 Harris 11,167 11,265 11,428 11,140 15,775 Hart 15,229 14,495 15,512 15,174 17,944 Heard 5,333 6,975 8,610 9,102 11,126 Henry 17,619 15,857 15,119 15,924 20,420 Houston 39,154 20,964 11,303 11,280 21,964 Irwin 9,211 11,973 12,936 12,199 12,670 Jackson 18,499 18,997 20,089 21,609 24,654 Jasper 6,135 7,473 8,772 8,594 16,362 Jeff Davis 8,914 9,299 8,841 8,118 7,322 Jefferson 17,468 18,855 20,040 20,727 22,602 Jenkins 9,148 10,264 11,843 12,908 14,328 Johnson 8,048 9,893 12,953 12,681 13,546 Jones 8,468 7,538 8,331 8,992 13,269 Lamar 10,240 10,242 10,091 9,745 Lanier 5,097 5,151 5,632 5,190 Laurens 32,313 33,123 33,606 32,693 39,605 Lee 6,204 6,674 7,837 8,328 10,904 Liberty 14,487 8,444 8,595 8,153 12,707 Lincoln 5,906 6,462 7,042 7,847 9,739 Long 3,874 3,598 4,086 4,180 Lowndes 49,270 35,211 31,860 29,994 26,521 Lumpkin 7,241 6,574 6,223 4,927 5,240 McDuffie 12,627 11,443 10,878 9,014 11,509 McIntosh 6,364 6,008 5,292 5,763 5,119 Macon 13,170 14,213 15,947 16,643 17,667 Madison 11,246 12,238 13,431 14,921 18,803 Marion 5,477 6,521 6,954 6,968 7,604 Meriwether 19,756 21,055 22,055 22,437 26,168 Miller 6,908 9,023 9,998 9,076 9,565 Milton 6,730 6,885 Mitchell 19,652 22,528 23,261 23,620 25,588 Monroe 10,495 10,523 10,749 11,606 20,138 Montgomery 6,284 7,901 9,668 10,020 9,167 Morgan 10,280 11,899 12,713 12,488 20,143 Murray 10,447 10,676 11,137 9,215 9,490 Muscogee 158,623 118,028 75,494 57,558 44,195 Newton 20,999 20,185 18,576 17,290 21,680 Oconee 6,304 7,009 7,576 8,082 11,067 Oglethorpe 7,926 9,958 12,430 12,927 20,287 Paulding 13,101 11,752 12,832 12,327 14,025 Peach 13,846 11,705 10,378 10,268 Pickens 8,903 8,855 9,136 9,687 8,222 Pierce 9,678 11,112 11,800 12,522 11,934 Pike 7,138 8,459 10,375 10,853 21,212 Polk 28,015 30,976 28,467 25,141 20,357 Pulaski 8,204 8,808 9,829 9,005 11,587 Putnam 7,798 7,731 8,514 8,367 15,151 Quitman 2,432 3,015 3,435 3,820 3,417 Rabun 7,456 7,424 7,821 6,331 5,746 Randolph 11,078 13,804 16,609 17,174 16,721 Richmond 135,601 108,876 81,863 72,990 63,692 Rockdale 10,572 8,464 7,724 7,247 9,521 Schley 3,256 4,036 5,033 5,347 5,243 Screven 14,919 18,000 20,353 20,503 23,552 Seminole 6,802 7,904 8,492 7,389 Spalding 35,404 31,045 28,427 23,495 21,908 Stephens 18,391 16,647 12,972 11,740 11,215 Stewart 7,371 9,194 10,603 11,114 12,089 Sumter 24,652 24,208 24,502 26,800 29,640 Talbot 7,127 7,687 8,141 8,458 11,158 Taliaferro 3,370 4,515 6,278 6,172 8,841 Tattnall 15,837 15,939 16,243 15,411 14,502 Taylor 8,311 9,113 10,768 10,617 11,473 Telfair 11,715 13,221 15,145 14,997 15,291 Terrell 12,742 14,314 16,675 18,290 19,601 Thomas 34,319 33,932 31,289 32,612 33,044 Tift 23,487 22,645 18,599 16,068 14,493 Toombs 16,837 17,382 16,952 17,165 13,897 Towns 4,538 4,803 4,925 4,346 3,937 Treutlen 5,874 6,522 7,632 7,488 7,664 Troup 47,189 49,841 43,879 36,752 36,097 Turner 8,439 10,479 10,846 11,196 12,466 Twiggs 7,935 8,308 9,117 8,372 10,407 Union 6,510 7,318 7,680 6,340 6,455 Upson 23,800 25,078 25,064 19,509 14,786 Walker 45,264 38,198 31,024 26,206 23,370 Walton 20,481 20,230 20,777 21,118 24,216 Ware 34,219 30,289 27,929 26,558 28,361 Warren 7,360 8,779 10,236 11,181 11,828 Washington 18,903 21,012 24,230 25,030 28,147 Wayne 17,921 14,248 13,122 12,647 14,381 Webster 3,247 4,081 4,726 5,032 5,342 Wheeler 5,342 6,712 8,536 9,149 9,817 White 6,935 5,951 6,417 6,056 6,105 Whitfield 42,109 34,432 26,105 20,808 16,897 Wilcox 7,905 10,167 12,755 13,439 15,511 Wilkes 10,961 12,388 15,084 15,944 24,210 Wilkinson 9,250 9,781 11,025 10,844 11,376 Worth 16,682 19,357 21,374 21,094 23,863 Total 3,943,116 3,444,578 3,123,723 2,908,506 2,895,832

Page 4328

POPULATION NUMERICALLY LISTED ACCORDING TO 1960 CENSUS County Population Echols 1,876 Quitman 2,432 Glascock 2,672 Webster 3,247 Schley 3,256 Taliaferro 3,370 Dawson 3,590 Long 3,874 Towns 4,538 Baker 4,543 Clay 4,551 Lanier 5,097 Charlton 5,313 Heard 5,333 Wheeler 5,342 Marion 5,477 Crawford 5,816 Treutlen 5,874 Brantley 5,891 Lincoln 5,906 Jasper 6,135 Atkinson 6,188 Lee 6,204 Bryan 6,226 Montgomery 6,284 Oconee 6,304 McIntosh 6,364 Banks 6,497 Union 6,510 Clinch 6,545 Candler 6,672 Seminole 6,802 Miller 6,908 White 6,935 Evans 6,952 Talbot 7,127 Pike 7,138 Lumpkin 7,241 Calhoun 7,341 Warren 7,360 Stewart 7,371 Rabun 7,456 Putnam 7,798 Wilcox 7,905 Oglethorpe 7,926 Twiggs 7,935 Johnson 8,048 Fayette 8,199 Pulaski 8,204 Taylor 8,311 Bacon 8,359 Turner 8,439 Jones 8,468 Dade 8,666 Pickens 8,903 Jeff Davis 8,914 Gilmer 8,922 Butts 8,976 Jenkins 9,148 Irwin 9,211 Wilkinson 9,250 Bleckley 9,642 Pierce 9,678 Camden 9,975 Hancock 9,979 Effingham 10,144 Lamar 10,240 Morgan 10,280 Murray 10,447 Monroe 10,495 Rockdale 10,572 Wilkes 10,961 Randolph 11,078 Harris 11,167 Greene 11,193 Madison 11,246 Dooly 11,474 Telfair 11,715 Cook 11,822 Berrien 12,038 Forsyth 12,170 McDuffie 12,627 Terrell 12,742 Chattahoochee 13,011 Paulding 13,101 Early 13,151 Macon 13,170 Appling 13,246 Franklin 13,274 Columbia 13,423 Fannin 13,620 Ben Hill 13,633 Peach 13,846 Barrow 14,485 Liberty 14,487 Haralson 14,543 Screven 14,919 Hart 15,229 Brooks 15,292 Tattnall 15,827 Dodge 16,483 Worth 16,682 Douglas 16,741 Toombs 16,837 Jefferson 17,468 Henry 17,619 Crisp 17,768 Emanuel 17,815 Elbert 17,835 Wayne 17,921 Grady 18,015 Habersham 18,116 Stephens 18,391 Jackson 18,499 Washington 18,903 Gordon 19,228 Mitchell 19,652 Meriwether 19,756 Chattooga 19,954 Walton 20,481 Burke 20,596 Newton 20,999 Catoosa 21,101 Coffee 21,953 Cherokee 23,001 Tift 23,487 Upson 23,800 Bulloch 24,263 Sumter 24,652 Decatur 25,203 Polk 28,015 Bartow 28,267 Coweta 28,893 Laurens 32,313 Colquitt 34,048 Baldwin 34,064 Ware 34,219 Thomas 34,319 Spalding 35,404 Carroll 36,451 Houston 39,154 Glynn 41,954 Whitfield 42,109 Gwinnett 43,541 Walker 45,264 Clarke 45,363 Clayton 46,365 Troup 47,189 Lowndes 49,270 Hall 49,739 Floyd 69,130 Dougherty 75,680 Cobb 114,174 Richmond 135,601 Bibb 141,249 Muscogee 158,623 Chatham 188,299 DeKalb 256,782 Fulton 556,326

Page 4330

GEORGIA STATE SENATE COUNTY Senatorial District Appling 6 Atkinson 7 Bacon 6 Baker 11 Baldwin 25 Banks 47 Barrow 48 Bartow 51 Ben Hill 13 Berrien 8 Bibb 26-27 Bleckley 19 Brantley 6 Brooks 9 Bryan 3 Bulloch 4 Burke 21 Butts 28 Calhoun 11 Camden 6 Candler 4 Carroll 30 Catoosa 54 Charlton 6 Chatham 1-3 Chattahoochee 14 Chattooga 53 Cherokee 51 Clarke 46 Clay 11 Clayton 44 Clinch 7 Cobb 32-33 Coffee 7 Colquitt 9 Columbia 24 Cook 8 Coweta 30 Crawford 18 Crisp 13 Dade 53 Dawson 49 Decatur 11 DeKalb 41-43,55 Dodge 19 Dooly 19 Dougherty 12 Douglas 31 Early 11 Echols 7 Effingham 3 Elbert 47 Emanuel 21 Evans 4 Fannin 50 Fayette 30 Floyd 52 Forsyth 49 Franklin 47 Fulton 34-40,56 Gilmer 50 Glascock 24 Glynn 5 Gordon 51 Grady 10 Greene 24 Gwinnett 48 Habersham 50 Hall 49 Hancock 25 Haralson 31 Harris 17 Hart 47 Heard 29 Henry 44 Houston 18 Irwin 13 Jackson 48 Jasper 45 Jeff Davis 19 Jefferson 21 Jenkins 21 Johnson 20 Jones 26 Lamar 28 Lanier 8 Laurens 20 Lee 13 Liberty 5 Lincoln 24 Long 5 Lowndes 8 Lumpkin 49 Macon 17 Madison 46 Marion 17 McDuffie 24 McIntosh 5 Meriwether 29 Miller 11 Mitchell 10 Monroe 28 Montgomery 20 Morgan 45 Murray 54 Muscogee 15-16 Newton 45 Oconee 46 Oglethorpe 46 Paulding 31 Peach 18 Pickens 50 Pierce 6 Pike 28 Polk 31 Pulaski 19 Putnam 45 Quitman 11 Rabun 50 Randolph 14 Richmond 22-23 Rockdale 45 Schley 17 Screven 4 Seminole 11 Spalding 28 Stephens 47 Stewart 14 Sumter 14 Talbot 17 Taliaferro 24 Tattnall 4 Taylor 17 Telfair 19 Terrell 14 Thomas 10 Tift 9 Toombs 20 Towns 50 Treutlen 20 Troup 29 Turner 13 Twiggs 18 Union 50 Upson 17 Walker 53 Walton 45 Ware 7 Warren 24 Washington 25 Wayne 6 Webster 14 Wheeler 20 White 50 Whitfield 54 Wilcox 19 Wilkes 24 Wilkinson 25 Worth 13

Page 4332

SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES FOR THE TERM 1969-1970 Name District Post Office Abney, Billy Shaw 53rd P.O. Box 607 LaFayette 30728 Adams, Billy 26th P.O. Box 462, Macon 31202 Adams, Ronald F. 5th P.O. Box 857 Brunswick 31520 Andrews, Robert E. (Bob) 49th P.O. Box 310 Gainesville 30501 Bateman, Oliver C. 27th 247 Candler Dr. Macon 31204 Broun, Paul C. 46th 520 W. Cloverhurst St. Athens 30601 Brown, M. Parks 47 P.O. Box 37 Hartwell 30643 Carter, Hugh A. 14th P.O. Box 97 Plains 31780 Chapman, Cyrus M. (Cy) 32nd 2871 Stone Creek Rd., S.E. Smyrna 30080 Coggin, Frank E. 35th 201 Victoria Lane Hapeville 30354 Cox, Jay Carroll 21st P.O. Box 37 Twin City 30471 Dean, Roscoe Emory, Jr. 6th 612 Cherry Street Jesup 31545 Doss, Sam W., Jr. 52nd P.O. Box 431 Rome 30161 Eldridge, Frank, Jr. 7th P.O. Box 1141 Waycross 31501 Fincher, Jack C., Sr. 51st P.O. Box 512 Canton 30114 Fincher, W. W. (Bill), Jr. 54th P.O. Box 149 Chatsworth 30705 Garrard, Ed 37th 956 Plymouth Road, N.E. Atlanta 30306 Gillis, Hugh 20th Route 3 Soperton 30457 Hardy, Jack 56th 1750 Peachtree Road, N.E. Atlanta 30309 Hensley, Sam P. 33rd Route 4 Marietta 30060 Hill, Render 29th Greenville 30222 Holley, R. Eugene 22nd Commerce Bldg., Augusta 30902 Holloway, A. W. A1 12th P.O. Box 588 Albany 31702 Hudgins, Floyd 15th 3034 Emory St. Columbus 31903 Jackson, Harry C. 16th P. O. Box 2547 Columbus 31902 Johnson, Leroy 38th 1014 Gordon St., S.W. Atlanta 30310 Kennedy, Joseph E. 4th Box 246, Claxton 30417 Kidd, Culver 25th P. O. Box 370 Milledgeville 31061 London, Maylon K. 50th Box 325 Cleveland 30528 MacIntyre, Dan I., III 40th 363 Valley Green Drive, N.E. Atlanta 30305 McGill, Sam P. 24th Tignall Road Washington 30673 Miller, Frank G. 43rd 3361 Rainbow Dr. Decatur 30032 Noble, Roy V. 19th R.F.D. 3 Vienna 31092 Padgett, M. J. (Mike) 23rd Route 2 McBean 30908 Pennington, Brooks 45th Crawford St., P. O. Box 290 Madison 30650 Plunkett, Lamar R. 30th 50 Morris St. Bowdon 30108 Reeder, Ed 55th 1583 W. Austin Road Decatur 30032 Reynolds, Steve 48th P. O. Box 303 Lawrenceville 30245 Riley, John R. 1st P. O. Box 9641 Savannah 31402 Rowan, Robert A. (Bobby) 8th Route 1 Enigma 31749 Scott, Turner R. 17th P. O. Box 348 Thomaston 30286 Searcey, William A. 2nd 2417 Colonial Dr. Savannah 31406 Smalley, Robert H., Jr. 28th P. O. Box 116 Griffin 30223 Smith, Armstrong 34th 1405 DeLowe Drive, S.W. Atlanta 30311 Smith, Stanley E., Jr. 18th Drawer F Perry 31069 Spinks, Ford B. 9th Route 6 Tifton 31794 Starr, Terrell A. 44th 4766 Tanglewood Lane Forest Park 30050 Stephens, Jack L. 36th 2484 Macon Drive, S.E. Atlanta 30315 Trippe, W. D. 31st P. O. Box 187 Cedartown 30125 Tysinger, James W. (Jim) 41st 3781 Watkins Place, N.E. Atlanta 30319 Vann, Frank C. 10th P. O. Box 387 Camilla 31730 Walling, Robert H. 42nd 1001 Oxford Road, N.E. Atlanta 30306 Ward, Horace T. 39th 172 Milton St., S.W. Atlanta 30314 Webb, Julian 11th P. O. Box 277 Donalsonville 31745 Young, Martin 13th Route 2 Rebecca 31783 Zipperer, Edward H. (Zip) 3rd Rt. 4, Little Neck Farms, Box 475 Savannah 31405

Page 4335

MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND POST OFFICES FOR THE TERM 1969-1970 District Name Address 1 Riley, John R. P. O. Box 9641, Savannah 31402 2 Searcey William A. 2017 Colonial Drive, Savannah 31406 3 Zipperer, Edward H. (Zip) Box 475, Rt. 4, Little Neck Farms, Savannah 31405 4 Kennedy, Joseph E. Box 246, Claxton 30417 5 Adams, Ronald F. P. O. Box 857, Burnswick 31520 6 Dean, Roscoe Emory, Jr. 612 Cherry St., Jesup 31545 7 Eldridge, Frank, Jr. P. O. Box 1141 Waycross 31501 8 Rowan, Robert A. (Bobby) Route 1, Enigma 31749 9 Spinks, Ford B. Route 6, Tifton 31794 10 Vann, Frank C. P. O. Box 387, Camilla 31730 11 Webb, Julian P. O. Box 277, Donalsonville 31745 12 Holloway, A. W. Al P. O. Box 588, Albany 31702 13 Young, Martin Route 2, Rebecca 31783 14 Carter, Hugh A. P. O. Box 97, Plains 31780 15 Hudgins, Floyd 3034 Emory St., Columbus 31903 16 Jackson, Harry C. P. O. Box 2547, Columbus 31902 17 Scott, Turner R. P. O. Box 348, Thomaston 30286 18 Smith, Stanley E., Jr. Drawer F, Perry 31069 19 Noble, Roy V. R.F.D. 3, Vienna 31092 20 Gillis, Hugh Route 3, Soperton 30457 21 Cox, Jay Carroll P. O. Box 37, Twin City 30471 22 Holley, R. Eugene Commerce Bldg., Augusta 30902 23 Padgett, M. J. (Mike) Route 2, McBean 30908 24 McGill, Sam P. Tignall Road, Washington 30673 25 Kidd, Culver P. O. Box 370, Milledgeville 31061 26 Adams, Billy P. O. Box 462, Macon 31202 27 Bateman, Oliver C. 247 Candler Drive, Macon 31204 28 Smalley, Robert H., Jr. P. O. Box 116, Griffin 30223 29 Hill, Render Greenville 30222 30 Plunkett, Lamar R. 50 Morris St., Bowdon 30108 31 Trippe, W. D. P. O. Box 187, Cedartown 30125 32 Chapman, Cyrus M. (Cy) 2871 Stone Creek Rd., S.E., Smyrna 30080 33 Hensley, Sam P. Route 4, Marietta 30060 34 Smith, Armstrong 1405 DeLowe Dr., S.W., Atlanta 30311 35 Coggin, Frank E. 201 Victoria Lane, Hapeville 30354 36 Stephens, Jack L. 2484 Macon Dr., S.E., Atlanta 30315 37 Garrard, Ed 956 Plymouth Rd., N.E., Atlanta 30306 38 Johnson, Leroy 1014 Gordon St., S.W., Atlanta 30310 39 Ward, Horace T. 172 Milton St., S.W., Atlanta 30314 40 MacIntyre, Dan I. III 363 Valley Green Dr., N.E., Atlanta 30305 41 Tysinger, James W. (Jim) 3781 Watkins Pl., N.E., Atlanta 30319 42 Walling, Robert H. 1001 Oxford Rd., N.E., Atlanta 30306 43 Miller, Frank G. 3361 Rainbow Dr., Decatur 30032 44 Starr, Terrell A. 4766 Tanglewood Lane, Forest Park 30050 45 Pennington, Brooks Crawford St., P.O. Box 290, Madison 30650 46 Broun, Paul C. 520 W. Cloverhurst St., Athens 30601 47 Brown, M. Parks P. O. Box 37, Hartwell 30643 48 Reynolds, Steve P. O. Box 303, Lawrenceville 30245 49 Andrews, Robert E. P. O. Box 310, Gainesville 30501 50 London, Maylon K. Box 325, Cleveland 30528 51 Fincher, Jack C., Sr. P. O. Box 512, Canton 30114 52 Doss, Sam W., Jr. P. O. Box 431, Rome 30161 53 Abney, Billy Shaw P. O. Box 607, LaFayette 30728 54 Fincher, W. W., Jr. (Bill) P. O. Box 149, Chatsworth 30705 55 Reeder, Ed 1583 West Austin Rd., Decatur 30032 56 Hardy, Jack 1750 Peachtree Rd., N.E., Atlanta 30309

Page 4337

GEORGIA HOUSE OF REPRESENTATIVES COUNTY House District Appling 56 Atkinson 64 Bacon 57 Baker 61 Baldwin 34 Banks 12 Barrow 14 Bartow 10 Ben Hill 48 Berrien 64 Bibb 81-83 Bleckley 49 Brantley 66 Brooks 71 Bryan 52 Bulloch 44 Burke 37 Butts 33 Calhoun 53 Camden 66 Candler 52 Carroll 20 Catoosa 2 Charlton 66 Chatham 87-98 Chattahoochee 45 Chattooga 7 Cherokee 10 Clarke 16 Clay 60 Clayton 21 Clinch 65 Cobb 117 Coffee 55 Colquitt 63 Columbia 29 Cook 63 Coweta 30 Crawford 40 Crisp 47 Dade 1 Dawson 11 Decatur 68 DeKalb 72-77 Dodge 49 Dooly 47 Dougherty 61 Douglas 118 Early 60 Echols 71 Effingham 44 Elbert 18 Emanuel 43 Evans 52 Fannin 4 Fayette 32 Floyd 9 Forsyth 11 Franklin 12 Fulton 95-116 Gilmer 4 Glascock 29 Glynn 67 Gordon 8 Grady 69 Greene 25 Gwinnett 13 Habersham 6 Hall 11 Hancock 28 Haralson 19 Harris 38 Hart 12 Heard 30 Henry 22 Houston 41 Irwin 48 Jackson 15 Jasper 27 Jeff Davis 56 Jefferson 36 Jenkins 44 Johnson 42 Jones 27 Lamar 39 Lanier 64 Laurens 42 Lee 54 Liberty 59 Lincoln 26 Long 51 Lowndes 71 Lumpkin 5 Macon 46 Madison 17 Marion 45 McDuffie 29 McIntosh 59 Meriwether 31 Miller 68 Mitchell 62 Monroe 33 Montgomery 50 Morgan 25 Murray 3 Muscogee 84-86 Newton 23 Oconee 14 Oglethorpe 17 Paulding 117 Peach 40 Pickens 10 Pierce 57 Pike 39 Polk 19 Pulaski 49 Putnam 28 Quitman 60 Rabun 6 Randolph 53 Richmond 78-80 Rockdale 74 Schley 46 Screven 44 Seminole 68 Spalding 32 Stephens 6 Stewart 45 Sumter 46 Talbot 38 Taliaferro 26 Tattnall 51 Taylor 45 Telfair 49 Terrell 54 Thomas 70 Tift 63 Toombs 51 Towns 5 Treutlen 50 Troup 30 Turner 48 Twiggs 27 Union 5 Upson 39 Walker 1 Walton 24 Ware 65 Warren 29 Washington 35 Wayne 58 Webster 45 Wheeler 50 White 5 Whitfield 3 Wilcox 48 Wilkes 26 Wilkinson 34 Worth 47

Page 4339

MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES FOR THE TERM 1969-1970 Name District Post Office Adams, G. D., Jr. 100 532 St. Johns Ave., S.W. Atlanta 30315 Alexander, William H. 108 3725 Dover Blvd., S.W., Atlanta 30331 Anderson, John Henry, Jr. 49-Post 2 P. O. Box 472, Hawkinsville 31036 Atherton, Howard 117-Post 3 848 Greymont Rd. Marietta 30060 Ballard, W. D. 23 405 Haygood St., Oxford 30267 Barber, Mac 15 P. O. Box 224, Commerce 30529 Barfield, H. M. 71-Post 2 P. O. Box 522, Hahira 31632 Battle, Joseph A. (Joe) 90 2308 Ranchland Drive, Savannah 31404 Bell, Robert H. Bob 73-Post 1 P. O. Box 29561 Atlanta 30329 Bennett, Jim T., Jr. 71-Post 3 P. O. Box 1211, Valdosta 31601 Berry, C. Ed 85-Post 1 2516 Harding Dr., Columbus 31906 Black, J. Lucius 45-Post 1 Preston 31824 Blalock, D. B. Brack 30-Post 3 40 Nimmons St., Newnan 30263 Bohannon, J. E. 20-Post 2 P. O. Box 531 Carrollton 30117 Bond, Julian 111 162 Euharlee St., S.W., Atlanta 30314 Bostick, Henry 63-Post 3 Rt. 3, Tifton 31794 Bowen, Rooney L. 47-Post 2 P. O. Box 323, Vienna 31092 Brantley, Haskew H., Jr. 114 6114 Riverside Dr., N.W. Atlanta 30331 Brantley, Hines L. 52 275 Lewis St., S., Metter 30439 Bray, Claude A., Jr. 31 P. O. Box 549, Manchester 31816 Brooks, George B. 17 Crawford 30630 Brown, Ben 110 250 Mathewson Place, S.W., Atlanta 30314 Brown, Clayton, Jr. 32-Post 2 550 South Hill St. Griffin 30223 Buck, Thomas B., III 84-Post 3 P. O. Box 196, Columbus 31902 Burruss, A. L. (Al) 117-Post 7 P. O. Box 6205 Station A, Marietta 30060 Busbee, George D. 61-Post 1 1205 Third Ave. Albany 31705 Caldwell, Johnnie L. 39-Post 1 P. O. Box 330 Thomaston 30286 Carnes, Charlie L. 104 1131 Custer Ave., S.E., Atlanta 30316 Cates, Goodwyn Shag 95-Post 3 3234 Roswell Rd., N.W. Atlanta 30305 Cato, A. Wallace 68-Post 2 P. O. Box 65 Bainbridge 31717 Chandler, Philip M. 34-Post 2 P. O. Box 806 Milledgeville 30161 Clarke, Harold G. 33 P. O. Box 229 Forsyth 31029 Cole, Jack 3-Post 1 P. O. Box 626 Dalton 30720 Collier, James M. 54 P. O. Box 577 Dawson 31742 Collins, Marcus E. 62 Rt. 1, Pelham 31779 Collins, Stanley (Stan) N., Jr. 72-Post 2 1727 W. Nancy Creek Dr., N. E., Atlanta 30319 Colwell, Carlton H. 5 Star Rt., Blairsville 30512 Conger, J. Willis 68-Post 1 P. O. Box 368 Bainbridge 31717 Connell, Jack 79-Post 2 P. O. Box 308 Augusta 30903 Conner, Jimmy 56 Tallahassee St., Hazlehurst 31539 Cook, Rodney M. 95-Post 1 34-10th St., N.E., Atlanta 30309 Cooper, J. Robert 11-Post 2 P. O. Box 1014, Gainesville 30501 Crowe, William J. 1-Post 2 P. O. Box 481 LaFayette 30728 Dailey, J. T. Jake 53 312 College St., Cuthbert 31740 Daugherty, C. 109 202 Daugherty Bldg. 15 Chestnut St., S.W., Atlanta 30314 Davis, Earl T. 86-Post 1 2321 Carson Dr., Columbus 31906 Davis, Walt 75-Post 1 3782 Snapfinger Rd., Lithonia 30058 Dean, James E. 76 17 East Lake Dr., N.E. Atlanta 30317 Dean, Nathan 19-Post 2 4009 Third Ave., Rockmart 30153 DeLong, R. Luke 80-Post 1 P. O. Box 1645 Augusta 30902 Dent, R. A. 79-Post 1 2043 Rosalie, Augusta 30901 Dickinson, Kent 118 Rt. 1, Timberidge Estates, Douglasville 30134 Dixon, Harry D. 65-Post 2 1303 Coral Rd., Waycross 31501 Dodson, Carr G. 82 3795 Bonita Pl., Macon 31204 Dorminy, A. B. C. (Brad), Jr. 48-Post 1 701 W. Central Ave., Fitzgerald 31750 Douglas, Dubignion (Dub) 42-Post 2 P. O. Box 628, Dublin 31021 Edwards, Ward 45-Post 2 Butler 31006 Egan, Mike 116 3100 First Natl. Bank Bldg., Atlanta 30303 Ellis, Morriss W. 91 312 Gordonston Avenue, Savannah 31404 Evans, Billy L. 81-Post 3 2745 Pierce Dr., South, Macon 31204 Ezzard, Clarence G., Sr. 102 245 Atlanta Ave., S.E., Atlanta 30315 Fallin, Billy 63-Post 1 P. O. Box 724 Moultrie 31768 Farmer, Leon, Jr. 16-Post 1 1000 Old Creek Rd., Athens 30601 Farrar, Robert H. (Bob) 77-Post 2 2996 Majestic Circle, Avondale Estates 30002 Felton, Jule W., Jr. 95-Post 2 2580 Woodward Way, N. W., Atlanta 30305 Floyd, James H. Sloppy 7 P. O. Box 521 Trion 30753 Floyd, Leon 75-Post 2 2401 Tilson Rd., Decatur 30032 Funk, Arthur J. 92 Isle of Hope Savannah 31406 Gary, Arch 21-Post 2 626 Valley Hill Rd., Riverdale 30274 Gaynor, Alan S. 88 P. O. Box 8608 Savannah 31402 Geisinger, Harry C. 72-Post 1 3362 Oakcliff Rd., Doraville 30440 Gignilliat, Arthur 89 P. O. Box 968 Savannah 31402 Grahl, Daniel K. 40 P.O. Box 591, Fort Valley 31030 Graves, Charles 9-Post 2 209 Billy Pyle Rd., Rome 30161 Gunter, Jack N. 6-Post 2 P. O. Box 396, Cornelia 30531 Hadaway, John H. 27 Hillsboro 31038 Hale, Maddox J. 1-Post 1 P. O. Box 457 Trenton 30752 Hamilton, Mrs. Grace T. 112 582 University Place, N.W. Atlanta 30314 Hargrett, Dr. McKee 58 198 Conway Dr., Jesup 31545 Harrington, J. Floyd 34-Post 1 Glenhaven Milledgeville 30161 Harris, Joe Frank 10-Post 1 1 Valley Dr., Cartersville 30120 Harris, J. Robin 77-Post 1 P. O. Box 57, Decatur 30031 Harris, Reid W. 67-Post 1 P. O. Box 1762, Brunswick 31520 Harrison, Robert Ward, Jr. 66 P. O. Box 207, St. Marys 31558 Hawes, Peyton S., Jr. 95-Post 4 254 Alberta Dr., N.E., Atlanta 30305 Henderson, Dr. J. H. Jack, Jr. 117-Post 5 1290 Gresham Rd., Marietta 30060 Higginbotham, Joe S. 75-Post 4 3147 Robindale Rd., Decatur 30034 Hill, Bobby L. 94 458 W. Broad St., Savannah 31401 Hill, Guy 97 1074 Boatrock Rd., S.W., Atlanta 30331 Holder, Dr. Frank P., Jr. 49-Post 1 Drawer 569, Eastman 31023 Hood, John 99 1070 Washington St., S.W., Atlanta 30310 Horton, Gerald Talmadge 95-Post 5 212 Bolling Road, N.E., Atlanta 30305 Housley, Eugene (Gene) 117-Post 1 100 Housley Rd., Marietta 30060 Howell, Mobley 60 P. O. Box 348, Blakely 31723 Hudson, Ted 48-Post 2 Fitzgerald 31750 Hutchinson, R. S. (Dick) 61-Post 3 915 6th Ave., Albany 31705 Johnson, Bobby W. 29-Post 2 P. O. Box 122, Warrenton 30828 Joiner, Francis A. 35 P. O. Box 151, Tennille 31089 Jones, Charles M. 59 P. O. Box 525, Hinesville 31313 Jones, Herbert, Jr. 87 413 Arlington Rd. Savannah 31406 Jones, Milton 84-Post 2 821 Broadway, Columbus 31901 Jordan, George 55 P. O. Box 916, Douglas 31533 Jordan, Hugh 74-Post 2 1284 Park Blvd., Stone Mountain 30083 Keen, Marshall 81-Post 1 P. O. Box 2366, Macon 31203 Keyton, James W. 70-Post 1 P. O. Box 90, Thomasville 31792 Knapp, G. Ed 81-Post 2 4435 Pio Nono Ave., Macon 31206 Knowles, Don L. 22 P. O. Box 235, Stockbridge 30281 Kreeger, George H. 117-Post 6 1281 Love St., Smyrna 30080 Lambert, E. R. 25 P. O. Box 169, Madison 30650 Lane, Dick 101 2704 Humphries St., East Point 30344 Lane, W. Jones 44-Post 1 P. O. Box 484, Statesboro 30458 Lee, Billy 61-Post 4 1215 Baker Ave., Albany 31705 Lee, Wm. J. (Bill) 21-Post 1 5325 Hillside Dr., Forest Park 30050 Leonard, Gerald H. 3-Post 3 P. O. Box 246 Chatsworth 30705 Levitas, Elliott H. 77-Post 4 1352 Jody Lane, N.E., Atlanta 30329 Lewis, Preston B., Jr. 37 P. O. Box 88, Waynesboro 30830 Longino, Young H. 98 P. O. Box 37, Fairburn 30213 Lowrey, Sidney 9-Post 1 Rt. 7, Rome 30161 Marcus, Sidney J. 105 845 Canterbury Road, N.E., Atlanta 30324 Mason, James D. 13-Post 2 P. O. Box 498, Snellville 30278 Matthews, Chappelle 16-Post 2 101 Shackelford Bldg., Athens 30601 Matthews, Dorsey R. 63-Post 2 Moultrie 31768 Mauldin, A. T. 12-Post 1 P. O. Box 87, Carnesville 30521 Maxwell, Regnald, Jr. 78-Post 2 1500 Georgia Railroad Bank Bldg., Augusta 30902 Melton, Quimby, Jr. 32-Post 1 Route 3, Box 411, Griffin 30223 Merritt, Janet S. (Mrs. Samuel M.) 46-Post 2 234 W. Dodson Street, Americus 31709 Miles, Bernard F. 78-Post 1 2934 Peach Orchard Road, Augusta 30906 Milford, W. D. (Billy) 12-Post 2 Rt. 2, Hartwell 30643 Miller, Mitch 83 3859 Mathis St., Macon 31206 Moate, Marvin E. 28 Drawer G Sparta 31087 Moore, Don C. 6-Post 1 Rt. 4, Toccoa 30577 Morris, Larry C. 73-Post 2 2410 St. Andrews Ct., N.E., Atlanta 30329 Mullinax, Edwin G. (Ed) 30-Post 2 P. O. Drawer 1429 LaGrange 30240 Murphy, Thomas B. 19-Post 1 P. O. Box 163 Bremen 30110 McClatchey, Devereaux 113 66 Avery Drive, N.E., Atlanta 30309 McCracken, J. Roy 36 P. O. Box 85 Avera 30803 McDaniell, Hugh Lee 117-Post 2 1231 Pebble Creek Road, S.E. Marietta 30060 Nash, Norris J. 13-Post 1 P. O. Box 6 Lilburn 30247 Nessmith, Paul E., Sr. 44-Post 2 Route 4 Statesboro 30458 Northcutt, Lamar Dailey 21-Post 3 5340 W. Fayetteville Road, College Park 30337 Nunn, Sam A., Jr. 41-Post 1 P. O. Drawer T Perry 31069 Odom, Colquitt H. 61-Post 2 1218 Third Ave., Albany 31705 Pafford, Robert C. (Bobby) 64 P. O. Box 415 Lakeland 31635 Paris, James W. 14 P. O. Box 527 Winder 30680 Parker, H. Walstein 44-Post 3 Route 6 Sylvania 30467 Parker, Clarence A. 46-Post 1 Route 4 Americus 31709 Patterson, John K. Uncle John 20-Post 1 Box 277 Carrollton 30117 Peters, Robert G. 2 Rt. 4 Ringgold 30736 Peterson, David C. 41-Post 2 Box 72 Kathleen 31047 Phillips, Glenn S. 29-Post 1 P. O. Box 26 Harlem 30814 Phillips, L. L. Pete 50 P. O. Box 166 Soperton 30457 Phillips, W. Randolph 38 Route 1 Shiloh 31826 Pickard, Mac 84-Post 1 P. O. Box 1657 Columbus 31906 Pinkston, Frank C. 81-Post 4 P. O. Box 4007 Macon 31208 Poole, Will 10-Post 2 787 Church St., Jasper 30143 Potts, George W. 30-Post 4 Route 2 Newnan 30263 Rainey, Howard H. 47-Post 1 201 8th St., South Cordele 31015 Reaves, Henry L. 71-Post 1 Rt. 2 Quitman 31643 Roach, Andy 10-Post 3 P. O. Box 370 Canton 30114 Ross, Ben Barron 26 P. O. Box 245 Lincolnton 30817 Rowland, Emory L. 42-Post 1 P. O. Box 148 Wrightsville 31096 Rush, Dewey D. 51-Post 2 Route 4 Glennville 30427 Russell, Henry P., Jr. 70-Post 2 Rt. 1, Boston 31626 Salem, William J. (Bill) 51-Post 1 P. O. Box 293 Lyons 30436 Scarborough, Homer M., Jr. 81-Post 5 American Federal Building Macon 31201 Scarlett, Richard M. 67-Post 2 P. O. Box 190 Brunswick 31520 Shanahan, Tom L. 8 P. O. Box 427 Calhoun 30701 Shepherd, E. J. 107 346 Angier Ave., N.E. Atlanta 30312 Sherman, John H. Jack, Jr. 80-Post 2 P. O. Box 1063 Augusta 30903 Simkins, L. H., Jr. 78-Post 3 2815 Lombardy Ct., Augusta 30904 Simmons, Howard 4 Ellijay 30540 Sims, William A. (Bill), Jr. 106 P. O. Box 8376 Station F Atlanta 30306 Smith, Geo. L. H. 43 Swainsboro 30401 Smith, J. R. 39-Post 2 498 Rose Avenue Barnesville 30204 Smith, Virgil T. 3-Post 2 609 Murray Hill Dr., Dalton 30720 Snow, Wayne, Jr. 1-Post 3 Route 2 Chickamauga 30707 Sorrells, Marvin W. 24 P. O. Box 666 Monroe 30655 Sweat, Ottis, Jr. 65-Post 1 861 Tebeau St. Waycross 31501 Thomason, Larry W. 77-Post 3 406 Decatur Federal Building Decatur 30030 Thompson, Albert W. 85-Post 2 210 9th St., Columbus 31903 Thompson, Roscoe 86-Post 2 P. O. Box 706 Columbus 31902 Toles, E. B. 9-Post 3 1114 Park Blvd. Rome 30161 Townsend, Kil 115 955 Coronado Dr., N. W., Atlanta 30327 Vaughn, Clarence R., Jr. 74-Post 1 P. O. Box 410 Conyers 30207 Wamble, Burton M. 69 Rt. 1, Box 119 Cairo 31728 Ware, J. Crawford 30-Post 1 P. O. Box 305 Hogansville 30230 Westlake, James R. (Jim) 75-Post 3 3930 West Side Pl., Ellenwood 30049 Whaley, George W., Jr. 93 P. O. Box 197 Pooler 31322 Wheeler, Bobby 57 Rt. 1, Alma 31510 Wheeler, Dr. Jack A. 18 P. O. Box 807 Elberton 30635 Wilkerson, Jack L. 103 635 W. Peachtree St. N.E., Atlanta 30308 Williams, W. M. (Bill) 11-Post 1 1728 Thompson Bridge Rd., Gainesville 30501 Wilson, Joe Mack 117-Post 4 217 Northcutt St., Marietta 30060 Winkles, Fred 96 878 Falcon Drive, S. W., Atlanta 30311 Wood, Joe T. 11-Post 3 P. O. Box 736 Gainesville 30501

Page 4348

MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES BY DISTRICTS AND POST OFFICES FOR THE TERM 1969-1970 District Representative Address 1-Post 1 Maddox J. Hale P. O. Box 457 Trenton 30752 1-Post 2 William J. Crowe P. O. Box 481 LaFayette 30728 1-Post 3 Wayne Snow, Jr. Route 2 Chickamauga 30707 2 Robert G. Peters P. O. Box 550 Ringgold 30736 3-Post 1 Jack Cole P. O. Box 626 Dalton 30720 3-Post 2 Virgil T. Smith 609 Murray Hill Dr. Dalton 30720 3-Post 3 Gerald H. Leonard P. O. Box 246 Chatsworth 30705 4 Howard Simmons Ellijay 30540 5 Carlton H. Colwell Star Route Blairsville 30512 6-Post 1 Don C. Moore Route 4 Toccoa 30577 6-Post 2 Jack N. Gunter P. O. Box 396 Cornelia 30531 7 James H. Sloppy Floyd P. O. Box 521 Trion 30753 8 Tom L. Shanahan P. O. Box 427 Calhoun 30701 9-Post 1 Sidney Lowrey Route 7 Rome 30161 9-Post 2 Charles Graves 209 Billy Pyle Rd. Rome 30161 9-Post 3 E. B. Toles 1114 Park Blvd. Rome 30161 10-Post 1 Joe Frank Harris 1 Valley Dr. Cartersville 30120 10-Post 2 Will Poole 787 Church St. Jasper 30143 10-Post 3 Andy Roach P. O. Box 370 Canton 30114 11-Post 1 W. M. (Bill) Williams 1728 Thompson Bridge Rd., Gainesville 30501 11-Post 2 J. Robert Cooper P. O. Box 1014 Gainesville 30501 11-Post 3 Joe T. Wood P. O. Box 736 Gainesville 30501 12-Post 1 A. T. Mauldin P. O. Box 87 Carnesville 30521 12-Post 2 W. D. (Billy) Milford Route 2 Hartwell 30643 13-Post 1 Norris J. Nash P. O. Box 6 Lilburn 30247 13-Post 2 James D. Mason P. O. Box 498 Snellville 30278 14 James W. Paris P. O. Box 527 Winder 30680 15 Mac Barber P. O. Box 224 Commerce 30529 16-Post 1 Leon Farmer, Jr. 1000 Old Creek Rd. Athens 30601 16-Post 2 Chappelle Matthews 101 Shackelford Bldg. Athens 30601 17 George B. Brooks Crawford 30630 18 Dr. Jack A. Wheeler P. O. Box 807 Elberton 30635 19-Post 1 Thomas B. Murphy P. O. Box 163 Bremen 30110 19-Post 2 Nathan Dean 4009 Third Ave. Rockmart 30153 20-Post 1 John K. Uncle John Patterson P. O. Box 277 Carrollton 30117 20-Post 2 J. E. Bohannon P. O. Box 531 Carrollton 30117 21-Post 1 Wm. J. (Bill) Lee 5325 Hillside Dr. Forest Park 30050 21-Post 2 Arch Gary 626 Valley Hill Rd. Riverdale 30274 21-Post 3 Lamar Dailey Northcutt 5340 W. Fayetteville Rd., College Park 30337 22 Don L. Knowles P. O. Box 235 Stockbridge 30281 23 W. D. Ballard 405 Haygood St. Oxford 30267 24 Marvin W. Sorrells P. O. Box 666 Monroe 30655 25 E. R. Lambert P. O. Box 169 Madison 30650 26 Ben Barron Ross P. O. Box 245 Lincolnton 30817 27 John H. Hadaway Hillsboro 31038 28 Marvin E. Moate Drawer G Sparta 31087 29-Post 1 Glenn S. Phillips P. O. Box 26 Harlem 30814 29-Post 2 Bobby W. Johnson P. O. Box 122 Warrenton 30828 30-Post 1 J. Crawford Ware P. O. Box 305 Hogansville 30230 30-Post 2 Edwin G. (Ed) Mullinax P. O. Drawer 1429 LaGrange 30240 30-Post 3 D. B. Brack Blalock 40 Nimmons St. Newnan 30263 30-Post 4 George W. Potts Route 2 Newnan 30263 31 Claude A. Bray, Jr. P. O. Box 549 Manchester 31816 32-Post 1 Quimby Melton, Jr. Route 3, Box 411 Griffin 30223 32-Post 2 Clayton Brown, Jr. 550 South Hill St. Griffin 30223 33 Harold G. Clarke P. O. Box 229 Forsyth 31029 34-Post 1 J. Floyd Harrington Glenhaven Milledgeville 30161 34-Post 2 Philip M. Chandler P. O. Box 806 Milledgeville 30161 35 Francis A. Joiner P. O. Box 151 Tennille 31089 36 J. Roy McCracken P. O. Box 85 Avera 30803 37 Preston B. Lewis, Jr. P. O. Box 88 Waynesboro 30830 38 W. Randolph Phillips Route 1 Shiloh 31826 39-Post 1 Johnnie L. Caldwell P. O. Box 330 Thomaston 30286 39-Post 2 J. R. Smith 498 Rose Ave. Barnesville 30204 40 Daniel K. Grahl P. O. Box 591 Fort Valley 31030 41-Post 1 Sam A. Nunn, Jr. P. O. Drawer T Perry 31069 41-Post 2 David C. Peterson Box 72 Kathleen 31047 42-Post 1 Emory L. Rowland P. O. Box 148 Wrigtsville 31096 42-Post 2 Dubignion (Dub) Douglas P. O. Box 628 Dublin 31021 43 Geo. L. Smith II Swainsboro 30401 44-Post 1 W. Jones Lane P. O. Box 484 Statesboro 30458 44-Post 2 Paul E. Nessmith Sr. Route 4 Statesboro 30458 44-Post 3 H. Walstein Parker Route 6 Sylvania 30467 45-Post 1 J. Lucius Black Preston 31824 45-Post 2 Ward Edwards Butler 31006 46-Post 1 Clarence A. Parker Route 4 Americus 31709 46-Post 2 Janet S. Merritt (Mrs. Samuel M.) 234 W. Dodson St. Americus 31709 47-Post 1 Howard H. Rainey 201 8th St. South Cordele 31015 47-Post 2 Rooney L. Bowen P. O. Box 323 Vienna 31092 48-Post 1 A. B. C. (Brad) Dorminy, Jr. 701 W. Central Ave. Fitzgerald 31750 48-Post 2 Ted Hudson Fitzgerald 31750 49-Post 1 Dr. Frank P. Holder, Jr. Drawer 569 Eastman 31023 49-Post 2 John H. Anderson, Jr. P. O. Box 472 Hawkinsville 31036 50 L. L. Pete Phillips P. O. Box 166 Soperton 30457 51-Post 1 William J. (Bill) Salem P. O. Box 293 Lyons 30436 51-Post 2 Dewey D. Rush Route 4 Glennville 30427 52 Hines L. Brantley 275 Lewis St., South Meter 30439 53 J. T. Jake Dailey 312 College Street Cuthbert 31740 54 James M. Collier P. O. Box 577 Dawson 31742 55 George Jordan P. O. Box 916 Douglas 31533 56 Jimmy Conner Tallahassee Street Hazelhurst 31539 57 Bobby Wheeler Route 1 Alma 31510 58 Dr. McKee Hargrett 198 Conway Dr. Jesup 31545 59 Charles M. Jones P. O. Box 525 Hinesville 31313 60 Mobley Howell P. O. Box 348 Blakely 31723 61-Post 1 George D. Busbee 1205 3rd Ave. Albany 31705 61-Post 2 Colquitt H. Odom 1218 Third Ave. Albany 31705 61-Post 3 R. S. (Dick) Hutchinson 915 6th Ave. Albany 31705 61-Post 4 Billy Lee 1215 Baker Ave. Albany 31705 62 Marcus E. Collins Route 1 Pelham 31779 63-Post 1 Billy Fallin P. O. Box 724 Moultrie 31768 63-Post 2 Dorsey R. Matthews Moultrie 31768 63-Post 3 Henry Bostick Route 3 Tifton 31794 64 Robert C. (Bobby) Pafford P. O. Box 415 Lakeland 31635 65-Post 1 Ottis Sweat, Jr. 861 Tebeau St. Waycross 31501 65-Post 2 Harry D. Dixon 1303 Coral Rd. Waycross 31501 66 Robert Ward Harrison, Jr. P. O. Box 207 St. Marys 31558 67-Post 1 Reid W. Harris P. O. Box 1762 Brunswick 31520 67-Post 2 Richard M. Scarlett P. O. Box 190 Brunswick 31520 68-Post 1 J. Willis Conger P. O. Box 368 Bainbridge 31717 68-Post 2 A. Wallace Cato P. O. Box 65 Bainbridge 31717 69 Burton M. Wamble Rt. 1, Box 119 Cairo 31728 70-Post 1 James W. Keyton P. O. Box 90 Thomasville 31792 70-Post 2 Henry P. Russell, Jr. Route 1 Boston 31626 71-Post 1 Henry L. Reaves Route 2 Quitman 31643 71-Post 2 H. M. Barfield P. O. Box 522 Hahira 31632 71-Post 3 Jim T. Bennett, Jr. P. O. Box 1211 Valdosta 31601 72-Post 1 Harry C. Geisinger 3362 Oakcliff Rd. Doraville 30440 72-Post 2 Stanley (Stan) N. Collins, Jr. 1727 W. Nancy Creek Dr., N.E., Atlanta 30319 73-Post 1 Robert H. Bob Bell P. O. Box 29561 Atlanta 30329 73-Post 2 Larry C. Morris 2410 St. Andrews Court, N.E. Atlanta 30329 74-Post 1 Clarence R. Vaughn, Jr. P. O. Box 410 Conyers 30207 74-Post 2 Hugh Jordan 1284 Park Blvd. Stone Mountain 30083 75-Post 1 Walt Davis 3782 Snapfinger Rd. Lithonia 30058 75-Post 2 Leon Floyd 2401 Tilson Rd. Decatur 30032 75-Post 3 James R. (Jim) Westlake 3930 West Side Place Ellenwood 30049 75-Post 4 Joe S. Higginbotham 3147 Robindale Rd. Decatur 30034 76 James E. Dean 17 East Lake Drive, N.E., Atlanta 30317 77-Post 1 J. Robin Harris P. O. Box 57 Decatur 30031 77-Post 2 Robert H. (Bob) Farrar 2996 Majestic Circle Avondale Estates 30002 77-Post 3 Larry W. Thomason 406 Decatur Federal Bldg., Decatur 30030 77-Post 4 Elliott H. Levitas 1352 Jody Lane, N.E. Atlanta 30329 78-Post 1 Bernard F. Miles 2934 Peach Orchard Road, Augusta 30906 78-Post 2 Regnald Maxwell, Jr. 1500 Georgia Railroad Bank Bldg., Augusta 30902 78-Post 3 L. H. Simkins, Jr. 2815 Lombardy Court Augusta 30904 79-Post 1 R. A. Dent 2043 Rosalie Augusta 30901 79 Post 2 Jack Connell P. O. Box 308 Augusta 30903 80-Post 1 R. Luke DeLong P. O. Box 1645 Augusta 30902 80-Post 2 John H. Jack Sherman, Jr. P. O. Box 1063 Augusta 30903 81-Post 1 Marshall Keen P. O. Box 2366 Macon 31203 81-Post 2 G. Ed Knapp 4435 Pio Nono Ave. Macon 31206 81-Post 3 Billy L. Evans 2745 Pierce Drive, South, Macon 31204 81-Post 4 Frank C. Pinkston P. O. Box 4007 Macon 31208 81-Post 5 Homer M. Scarborough, Jr. American Federal Bldg., Macon 31201 82 Carr G. Dodson 3795 Bonita Place Macon 31204 83 Mitch Miller 3859 Mathis Street Macon 31206 84-Post 1 Mac Pickard P. O. Box 1657 Columbus 31906 84-Post 2 Milton Jones 821 Broadway Columbus 31901 84-Post 3 Thomas B. Buck III. P. O. Box 196 Columbus 31902 85-Post 1 C. Ed Berry 2516 Harding Drive Columbus 31906 85-Post 2 Albert W. Thompson 210 9th Street Columbus 31901 86-Post 1 Earl T. Davis 2321 Carson Drive Columbus 31906 86-Post 2 Roscoe Thompson P. O. Box 706 Columbus 31902 87 Herbert Jones, Jr. 413 Arlington Road Savannah 31406 88 Alan S. Gaynor P. O. Box 8608 Savannah 31402 89 Arthur Gignilliat P. O. Box 968 Savannah 31402 90 Joseph A. (Joe) Battle 2308 Ranchland Drive Savannah 31404 91 Morriss W. Ellis 312 Gordonston Avenue Savannah 31404 92 Arthur J. Funk Isle of Hope Savannah 31406 93 George W. Whaley, Jr. P. O. Box 197 Pooler 31322 94 Bobby L. Hill 458 W. Broad Street Savannah 31401 95-Post 1 Rodney M. Cook 34-10th Street, N.E. Atlanta 30309 95-Post 2 Jule W. Felton, Jr. 2580 Woodward Way, N.W., Atlanta 30305 95-Post 3 Goodwyn Shag Cates 3234 Roswell Rd., N.W. Atlanta 30305 95-Post 4 Peyton S. Hawes, Jr. 254 Alberta Drive, N.E., Atlanta 30305 95-Post 5 Gerald Talmadge Horton 212 Bolling Road, N.E. Atlanta 30305 96 Fred Winkles 878 Falcon Drive, S.W. Atlanta 30311 97 Guy Hill 1074 Boatrock Road, S.W., Atlanta 30331 98 Young H. Longino P. O. Box 37 Fairburn 30213 99 John Hood 1070 Washington St., S.W., Atlanta 30310 100 G. D. Adams, Jr. 532 St. Johns Avenue, S.W., Atlanta 30315 101 Dick Lane 2704 Humphries Street East Point 30344 102 Clarence G. Ezzard, Sr. 245 Atlanta Ave., S.E. Atlanta 30315 103 Jack L. Wilkerson 635 W. Peachtree St., N.E., Atlanta 30308 104 Charlie L. Carnes 1131 Custer Avenue, S.E., Atlanta 30316 105 Sidney J. Marcus 845 Canterbury Road, N.E., Atlanta 30324 106 William A. (Bill) Sims, Jr. P. O. Box 8376, Station F Atlanta 30306 107 E. J. Shepherd 346 Angier Ave., N.E. Atlanta 30312 108 William H. Alexander 3725 Dover Boulevard, S.W., Atlanta 30331 109 J. C. Daugherty 202 Daugherty Bldg. 15 Chestnut St., S.W. Atlanta 30314 110 Ben Brown 250 Mathewson Place, S.W., Atlanta 30314 111 Julian Bond 162 Euharlee St., S.W. Atlanta 30314 112 Mrs. Grace T. Hamilton 582 University Place, N.W., Atlanta 30314 113 Devereaux McClatchey 66 Avery Drive, N.E. Atlanta 30309 114 Haskew H. Brantley, Jr. 6114 Riverside Drive, N.W., Atlanta 30331 115 Kil Townsend 955 Coronado Drive, N.W., Atlanta 30327 116 Mike Egan 3100 First Nat'l Bank Bldg., Atlanta 30303 117-Post 1 Eugene (Gene) Housley 100 Housley Road Marietta 30060 117-Post 2 Hugh Lee McDaniell 1231 Pebble Creek Road, S.E. Marietta 30060 117-Post 3 Howard Atherton 848 Greymont Rd. Marietta 30060 117-Post 4 Joe Mack Wilson 217 Northcutt Street Marietta 30060 117-Post 5 Dr. J. H. Jack Henderson, Jr. 1290 Gresham Road Marietta 30060 117-Post 6 George H. Kreeger 1281 Love Street Smyrna 30080 117-Post 7 A. L. (Al) Burruss P. O. Box 6205 Station A Marietta 30060 118 Kent Dickinson Rt. 1 Timberidge Estates Douglasville 30134

Page 4357

STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1968 Georgia Laws Referendums Proposed Status Unknown Not Held Final Result 1953 (Jan./Feb.) 14 1 2 11 1953 (Nov./Dec.) 21 4 17 1955 17 1 1 15 1956 39 4 1 34 1957 24 1 23 1958 46 3 1 42 1959 35 1 34 1960 47 3 44 1961 27 1 26 1962 38 1 2 35 1963 39 1 5 33 1964 36 2 3 31 1964 Ex. Sess. 9 2 1 6 1965 23 3 20 1966 25 2 23 1967 39 2 37 1968 48 3 2 43 TOTALS 527 25 28 474

Page 4358

REFERENDUM ELECTIONS1953-1968 The Act, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., page 523), provides that the results of all referendum elections which are provided for by any local or special law enacted by the General Assembly of Georgia shall immediately be certified, by the authority holding such election, to the Secretary of State. In addition thereto, the citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. Georgia Laws 1953, January-February session: County Page No. SUBJECT Date of Election Result Carroll 3012 Town Mt. Zion 3-21-53 For55 Agn30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11-2-54 For1152 Agn565 Gilmer 3103 City of Ellijay 6-1-53 For69 Agn151 Gilmer 588 City of Ellijay 6-1-53 For69 Agn151 Gwinnett 3187 City of Lawrenceville 6-27-53 For55 Agn61 Irwin 2495 Tax Commissioner 11-2-54 For568 Agn694 Mitchell 2577 City Treasurer of Camilla Not held Murray 2458 Town of Spring Place 5-19-53 For36 Agn48 Murray 2340 City of Chatsworth Status unknown Murray 2444 Tax Commissioner 4-21-53 For553 Agn261 Troup 2276 City of West Point 4-1-53 For250 Agn112 Whitfield 2128 City Court of Dalton 3-26-53 For210 Agn2613

Page 4359

Georgia Laws 1953, November-December session: County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9-8-54 For1833 Agn648 Cherokee 2668 Certain county officers on salary basis 11-2-54 For913 Agn674 Clayton 2855 City of Forest Park Status unknown Clayton 2029 City of Lake Tara 12-9-53 For64 Agn229 Clayton 2064 City of Lake Tara Status unknown Coweta 2040 City of Newnan 2-6-54 For1406 Agn603 Crisp 2407 City of Cordele 10-5-54 City vote: For202; Agn132 County vote: For23; Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For200 Agn527 DeKalb 2578 City of Decatur 10-21-54 For466 Agn827 Early 2282 City of Blakely 4-19-54 For45 Agn82 Elbert 2987 City of Elberton 3-23-54 For958 Agn248 Forsyth 2674 County indebtedness for building purposes Status unknown Greene 2455 County Commissioners 3-23-54 For1637 Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For154 Agn164 McDuffie 2584 City of Thomson 3-12-54 For 253 Agn 290 Miller 2814 City Court of Miller County 9- 8-54 Status unknown Richmond 2610 City of Augusta Status unknown Richmond 2476 City of Augusta 11-17-54 For 259 Agn 189 Sumter 2972 Tax Millage 1-12-54 For 382 Agn 431 Troup 2858 City of West Point 1-27-54 City vote: For140; Agn 6 Outside city vote: For 64; Agn 53 Twiggs 2570 County Commissioners 11- 2-54 For 161 Agn 626 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 4360

Georgia Laws, 1955: County Page No. SUBJECT Date of Election Result Baldwin 2830 County Commissioners 4-20-55 * * Special election held May 31, 1955 and 2 additional members elected. For1079 Agn 716 Clarke 3057 Merger city and county school systems 5- 4-55 For1124 Agn 564 Clayton 2781 City of Morrow 4-16-55 For 75 Agn 30 Clayton and Fulton 2884 City of College Park 5-14-55 For 46 Agn 13 DeKalb 2806 Form of government 5-18-55 (1) Single Com. for 750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3- 7-56 For4471 Agn 522 Fulton 2650 City of Hapeville Status unknown Gwinnett 3163 City of Lawrenceville 3-19-55 For 25 Agn 89 Hall 3040 Tax Commissioner 11-28-55 For2163 Agn 775 Hall 2627 Certain county officers on salary basis 11-28-55 For2144 Agn 826 Houston 2093 City of Warner Robins 4- 5-55 For 234 Agn 547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For 582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For 337 Agn 109 Rockdale 2428 Certain county officers on salary basis 4-16-55 For 610 Agn 877 Tift 2344 City of Tifton 4-27-55 For 764 Agn 270 Wayne 2858 City of Jesup 4-27-55 For 383 Agn 206 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 4362

Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Baldwin 2725 County Commissioners 4-3-56 For1394 Agn1385 Baldwin (1 of 2) 2865 City of Milledgeville 7-18-56 For107 Agn58 Baldwin (1 of 2) 2865 City of Milledgeville 10-15-56 For463 Agn243 Baldwin 3003 City of Milledgeville 7-18-56 For12 Agn51 Banks 2056 Supplemental salary for Sheriff 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5-4-56 For13 Agn103 Carroll 2797 Judge, City Court of Carrollton 11-6-56 For1305 Agn2344 Carroll 2877 Police court of Whitesburg Status unknown Chattooga 2899 County Commissioner 9-12-56 For2142 Agn1167 Clayton (1 of 2) 2040 City Manager, City of Forest Park Status unknown Clayton (1 of 2) 2040 City of Forest Park Status unknown Clayton 2518 City of Mountain View 3-24-56 For341 Agn44 Clayton 2744 City of College Park 4-28-56 For28 Agn22 Colquitt 2399 Certain County officers on salary basis 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540 Colquitt 2830 City of Moultrie 10-1-56 * * West Moultrie Area: For1986; Agn169 [UNK] Colonial Heights Area: For2002; Agn159 [UNK] Crestwood Gardens Area: For2005; Agn167 [UNK] City vote: East Moultire Area: For2004; Agn165 [UNK] Tifton Highway Area: For1989; Agn173 [UNK] Sylvester Drive Area: For1976; Agn175 [UNK] Area 1-West Moultrie Area: For99; Agn57 [UNK] Area 2-Colonial Heights Area: For145; Agn83 [UNK] Area 3-Crestwood Gardens Area: For27; Agn87 [UNK] Area vote: Area 4-East Moultrie Area: For41; Agn147 [UNK] Area 5-Tifton Highway Area: For29; Agn107 [UNK] Area 6-Sylvester Drive Area: For78; Agn144 [UNK] DeKalb 2932 City Court of Decatur 5-16-56 For12,520 Agn5,846 DeKalb (1 of 2) 3237 Multiple commission form of government 5-16-56 For18,393 Agn2,001 DeKalb (1 of 2) 3237 Commission Chairman 5-16-56 For:(a)4,743 For:(b)15,300 Fayette 2022 Tax Commissioner 2-25-56 For292 Agn37 Glascock 3507 Traveling expenses for Sheriff 3-14-56 For498 Agn227 Gwinnett 2502 Tax Commissioner 11-6-56 For3,383 Agn1,641 Hall 3166 City of Lula 3-27-56 Belton vote: For64; Agn2 Lula vote: For35; Agn3 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 4364

Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Houston 2510 City of Warner Robins 5-8-56 For215 Agn30 Jackson 2887 City Court of Jefferson 9-12-56 For972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For231 Agn580 Murray 3476 Chatsworth 8-25-56 For77 Agn109 Muscogee 2386 City of Columbus 9-12-56 City vote: For6179; Agn2356 Outside city vote: For516; Agn2070 Newton 2507 City of Covington 5-1-56 For109 Agn90 Richmond 2406 Sale of Allen ParkCity of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote: For948; Agn595 Affected area For365; Agn400 Thomas 3159 Certain county officers on salary basis 4-24-56 For902 Agn939 Thomas 3510 Tax Commissioner 4-24-56 For876 Agn957 Troup 2827 City of Hogansville 7-18-56 City vote: For216; Agn117 Outside city vote: For41, Agn159 Troup 3078 City of Hogansville 7-18-56 For257 Agn276 Troup 3423 City of North West Point 4-25-56 For34 Agn111 Walker 2995 Town of Linwood Status unknown Whitfield 2093 City of Dalton 3-15-56 For985 Agn1831 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 4365

Georgia Laws, 1957: County Page No. SUBJECT Date of Election Result Bartow 2048 City of Cartersville 3-12-57 For1010 Agn314 Bulloch 2877 City of Statesboro 7-26-57 Area 1: For312; Agn14 Area 2: For312; Agn14 Area 3: For313; Agn13 Chatham 2003 City of Port Wentworth 3-20-57 For422 Agn128 Clarke 2033 City of AthensMayor and City Council 2-27-57 For617 Agn2112 Clarke 2036 RecorderCity of Athens 2-27-57 For714 Agn2047 Cobb 3020 City of Acworth 5-4-57 For73 Agn181 Coffee 2833 City Commissioners of City of Douglas 5-29-57 For485 Agn99 Colquitt 2205 City of Moultrie 3-11-57 For 25 Agn 53 Cook 3253 County Commissioners 5- 8-57 For 227 Agn 364 Dougherty 2595 City of Albany 5-20-57 For 325 Agn 720 Douglas 2358 City of Douglasville 5- 3-57 City vote: For50; Agn 53 Affected area: For 2; Agn164 Emanuel 3317 City of Swainsboro 10-14-57 City vote: For: Area 1 and 2 Outside city vote: For: Area 2 Agn: Area 1 Gwinnett 2669 City of Lawrenceville 3-23-57 For 27 Agn 4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4- 6-57 For 784 Agn 924 Miller 2194 County Commissioners 4- 2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote: For78; Agn 12 Outside city vote: For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For 75 Agn 10 Polk 2185 City of Cedartown 5- 8-57 For 656 Agn 934 Pulaski 3353 City of Hawkinsville 4-30-57 For 115 Agn 266 Spalding 2809 City of Griffin 4-30-57 For 552 Agn 317 Twiggs 3002 County Commissioners 5-22-57 For 156 Agn 174 Walker 2419 Town of Linwood 4-27-57 For 71 Agn 29 Wilkinson 2383 Town of McIntyre 5-25-57 For 49 Agn 18 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 4367

Georgia Laws, 1958: County Page No. SUBJECT Date of Election Result Bacon 3378 City of Alma 7- 2-58 For 206 Agn 197 Baldwin 3302 County Commissioner 11- 4-58 For 932 Agn 717 Barrow 2338 City of Winder 6- 4-58 For 131 Agn 229 Bartow 2683 Tax Commissioner 9-10-58 For3590 Agn1254 Bartow 2866 Certain County officers on salary basis 9-10-58 For3462 Agn1356 Brooks 2859 City Commission of Quitman 5-27-58 For 173 Agn 74 Chatham 2617 Town of Thunderbolt 1-20-59 For 291 Ang 115 Chatham 3337 City of Savannah 5-27-58 For4024 Agn2283 Chattahoochee 2554 Compensation of Sheriff 11- 4-58 For 55 Agn 30 Cherokee 2437 City of Canton 5- 7-58 For 119 Agn 483 Cherokee 2661 City of Canton 5- 7-58 For 223 Agn 37 Clayton 3022 City of Mountain View In litigation Clayton 3397 City of Forest Park 4-12-58 Clayton and Fulton 2309 City of College Park 5-19-58 For 2 Agn 0 Clayton and Fulton 2363 City of College Park 5-14-58 For 10 Agn 0 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For 53; Agn 1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For 31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote: For 41; Agn 1 Affected area: For 91; Agn41 Dodge 2207 County Commissioners 3-18-58 For 571 Agn2997 Early 2829 City of Blakely 8-12-58 For 59 Agn 96 Emanuel 3143 City of Swainsboro 10-13-58 Parcel #1- City vote: For227; Agn15 Outside city: For143; Agn54 Parcel #2- City vote: For229; Agn15 Outside city: For 39; Agn40 Parcel #3- City vote: For230; Agn14 Outside city: For 24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For 162 Agn 282 Franklin 2644 City of Carnesville 4-22-58 For 33 Agn 21 Fulton 2721 City of College Park 6- 3-58 For 738 Agn 340 Fulton Clayton 2453 City of College Park 5-19-58 For 2 Agn 0 Fulton Clayton 2854 City of College Park 5-14-58 For 0 Agn 0 Fulton Clayton 3212 City of East Point 7-16-58 For 63 Agn28 Gordon 2131 City of Calhoun 3-26-58 City vote: For234; Agn 75 County vote: 2279 For203; Agn256 Hall Gainesville City Commission 4- 1-58 For 925 2820 Agn 169 Haralson Millage for education purposes. Not held as of 4-18-60 Henry 3127 Certain county officers on salary basis 5-21-58 For 346 Agn 206 Henry 3132 City of Stockbridge City vote: 4-30-58 For61; Agn 75 Outside City: For16; Agn116 Henry 3200 City of Hampton 4-30-58 City vote: For92; Agn3 Outside City: For37; Agn9 Henry 3367 City of McDonough Status unknown Jasper 2922 City of Monticello 6- 3-58 City vote: For147; Agn107 Outside City: For 15; Agn 50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn 901 Lowndes 2624 City of Valdosta 4-14-58 For 907 Agn 243 Newton 2269 City of Covington 7- 9-58 For 151 Ang 460 Polk 2468 Town of Van Wert 9-10-58 For 7 Agn 57 Pulaski 2826 Tax Commissioner 11- 4-58 For 222 Agn 235 Putnam 2980 City of Eatonton 6-11-58 For 42 Agn 257 Tift 2697 City of Tifton 5- 7-58 For 669 Agn 48 Tift 2696 City of Tifton 4-30-58 For 333 Agn 286 Tift 2930 City of Tifton Commissioners 5-28-58 For 338 Agn 338 Ware 2763 City of Manor 5-17-58 For 19 Agn 100 Wilkes 2091 County Commissioners 11- 4-58 For 749 Agn 98 White 3224 County Commissioners Not held This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 4371

Georgia Laws, 1959: County Page No. SUBJECT Date of Election Result Bartow 2782 City of Cartersville 4-29-59 For 79 Agn 154 Bartow 2793 City of Cartersville 4-29-59 For 3 Agn 21 Bartow 2797 City of Adairsville 5-12-59 For 77 Agn 120 Bartow 2907 City of White (Sec. 2) 5-16-59 For 7 Agn 36 Bartow 2907 City of White 5-16-59 For 27 Agn 45 Bartow 2920 City of Kinston 5-16-59 For 49 Agn 2 Catoosa 2161 County Commissioners 3-28-59 For 718 Agn2430 Chattooga 2809 City of Summerville 5-23-59 For 160 Agn 462 Cherokee 2494 Certain County officers on salary basis 4- 4-59 For1522 Agn 509 Clayton Fulton 2499 City of College Park 5-18-59 For 14 Agn 38 Clayton Fulton 2508 City of College Park 5-18-59 For 0 Agn 0 Clayton Fulton 2516 City of College Park 5-18-59 For 5 Agn 0 Clayton Fulton 2521 City of College Park 5-18-59 For 3 Agn 0 Cobb 3142 City of AustellParcel #2 8-18-59 For 7 Agn 8 Cobb 3142 City of AustellParcel #3 8- 4-59 For 2 Agn 11 Cobb 3142 City of AustellParcel #1 For 5 4-12-60 Agn 49 Colquitt 2397 TaxationCity of Norman Park For 50 6- 8-59 Agn 81 Dougherty 2091 County Commissioners For 755 4- 8-59 Agn 417 Dougherty 3064 City of Albany For1413 5-25-59 Agn 710 Douglas 2871 City of Lithia Springs For 241 8-25-59 Agn 569 Douglas 3142 City of AustellParcel # 4 * * See Cobb County1 of 4 elections held. 8-11-59 ** ** Certified copy of Order of Ordinary on file in this office, under date of January 5, 1960, declaring the election held August 11, 1959 to be null and void. For 14 Agn 15 Elbert 2627 County Commissioners 4- 8-59 For 804 Agn 436 Elbert 2621 Tax Commissioner 4- 8-59 For1041 Agn 203 Elbert 2624 Certain County officers on salary basis 4- 8-59 For1014 Agn 228 Emanuel 2592 City of Twin City 5- 4-59 For 200 Agn 162 Gwinnett 3161 City of Dacula 5- 9-59 For 82 Agn 45 Habersham 2178 City of Cornelia 4-13-59 For 102 Agn 91 McDuffie 2568 County officials on salary system 6-30-59 For 502 Agn 75 Meriwether and Talbot 2534 City of Manchester 4- 1-59 For 109 Agn 30 Newton 2780 City of Oxford 5- 1-59 For 30 Agn 36 Polk 2171 City of Cedartown 5-19-59 City vote: For387; Agn 75 County vote: For 86; Agn291 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 4374

Georgia Laws 1959: County Page No. SUBJECT Date of Election Result Polk 2732 Certain County officers on a salary basis 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4-8-59 For1510 Agn 827 Turner 2575 County Commissioners Not held * * Act declared unconstitutional by Turner Superior Court and no election held. Union 2053 County Commissioners 3-17-59 For 810 Agn1629 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections. Georgia Laws 1960: County Page No. SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60 For1197 Agn 767 Berrien 3301 City of Nashville 11-8-60 For 466; Agn 418 Bibb 3223 Macon Bibb County incorporated 6-1-60 City vote: For1902; Agn4288 Outside City vote: For1902; Agn7368 Payne City vote: For 37; Agn 55 Chatham 2273 Town of Thunderbolt 1-17-61 For 151 Agn 283 Chattooga 2715 Town of Trion 5-5-60 For 53 Agn 25 Clarke 2234 City of Athens 4-13-60 For 270 Agn 522 Cobb 2127 City of Smyrna Status unknown Coweta 3020 City of Newnan 4-30-60 For 320; Agn 146 Douglas and Cobb 2118 City of Austell 3-26-60 For 27 Agn 38 Dodge 2608 Town of Rhine 4-27-60 For 146 Agn 4 DeKalb 3158 City of Decatur 12-7-60 Status unknown Emanuel 2360 County Commissioners 11-8-60 For 877 Agn2080 Evans 2251 City of Claxton Proposed Area: 5-5-60 For 32; Agn 62 Within City vote: For379; Agn107 Franklin 2143 County Commissioner Advisory Board For2296 3-9-60 Agn1038 Fulton Clayton 2849 City of College Park For 6 5-14-60 Agn 0 Fulton Clayton 2854 City of College Park For 21 5-16-60 Agn 15 Greene 3089 Tax Commissioner For 801 4-28-60 Agn 823 Greene 3093 Certain County officers on salary basis For822 4-28-60 Agn 835 Henry 3297 City of McDonough Inside City vote: 5-18-60 For61; Agn35 Outside City vote: Houston 2605 Tax Commissioner Agn 959 11-8-60 For41; Agn83 Jefferson 2913 Town of Avera Status unknown For4057 Lamar 2294 Certain County officers on salary basis 5-11-60 For131 Agn193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn573 Lowndes 3125 City of Valdosta 4-15-60 For87 Agn656 McIntosh 2888 Clerk Superior Court 5-28-60 Status unknown McIntosh 2893 Sheriff 5-28-60 Status unknown McIntosh 2899 Tax Commissioner 5-28-60 Status unknown McIntosh 2904 Ordinary 5-28-60 Status unknown Mitchell 2301 City of Camilla 4-27-60 City of Camilla For 45; Agn15 Mitchell County For8; Agn1 Morgan 2518 Certain County officers on salary basis 3-15-60 For1894 Agn332 Murray 3180 City of Spring Place Status unknown Polk 2111 City of Cedartown 3-22-60 For74 Agn50 Pulaski 2991 Clerk Superior Court 9-14-60 For798 Agn962 Pulaski 2995 Tax Collector 9-14-60 For803 Agn952 Pulaski 2998 Ordinary 9-14-60 For805 Agn949 Pulaski 3001 Sheriff 9-14-60 For810 Agn953 Pulaski 3009 Tax Receiver 9-14-60 For777 Agn952 Rabun 2417 City of Clayton 5-25-60 For46 Agn160 Rockdale 2028 City of Conyers 3-2-60 For134 Agn283 Stewart 2051 County Commissioner and creation of Advisory Board 3-16-60 For418 Agn297 Walton 2056 Certain County officers on salary basis 3-9-60 For3092 Agn918 Walton 2063 County Commissioners 3-9-60 For2748 Agn1117 Walton 2067 Tax Commissioner 3-9-60 For3181 Agn900 Wayne 2202 County Commissioners 3-4-60 For458 Agn1672 Whitfield 2003 County Commissioner 3-2-60 For955 Agn1042 Whitfield 2007 Certain County officers on salary basis 3-2-60 For1272 Agn746 Whitfield 2019 Tax Commissioner 3-2-60 For1227 Agn806 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 4378

Georgia Laws, 1961: County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For514 Agn292 Bartow 2782 City of Cartersville 6-10-61 For6 Agn44 Void1 Bartow 3382 City of Cartersville 6-10-61 For29 Agn20 Void3 Bartow 3469 City of Cartersville 6-10-61 For205 Agn159 Void2 Bibb 2441 City of Macon 5-24-61 City vote: For1560; Agn445 Outside City vote: For12269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For267 Agn764 Void7 Chatham 2969 City of Savannah 5-10-61 City of Savannah: For9176; Agn1679 Zone No. 1: For886; Agn759 Zone No. 2: For123; Agn277 Chatham 3072 Civil Service System 4-20-61 For137 Agn144 Chattooga 2658 City of Summerville 5-27-61 For338 Agn241 Colquitt 3041 City of Moultrie Not held Early 2245 City of BlakelyNorth City Limits 6-13-61 For61 Agn56 Void3 Early 2260 City of BlakelySouth City Limits 6-14-61 For35 Agn56 Void1 Forsyth 2252 City of Cumming 4-1-61 City vote: For108; Agn26 Outside City vote: For41; Agn142 Gwinnett 2583 City of Norcross 5-20-61 City vote: For45; Agn25 Outside City vote: For21; Agn43 Gwinnett 3156 City of Suwanee 4-29-61 For56 Agn15 Laurens 2598 City of Dublin 8-2-61 For1077 Agn463 Meriwether 2760 City of Manchester 5-3-61 For614 Agn322 Meriwether 3058 Creates Board County Commissioners 5-31-61 For860 Agn320 Meriwether 3223 Abolish office Treasurer 5-31-61 For680 Agn493 Meriwether 3416 Tax Commissioner compensation 5-31-61 For940 Agn243 Meriwether 3456 Certain County officers compensation 5-31-61 For938 Agn254 Monroe 2994 City of Forsyth 10-4-61 For668 Agn245 Murray 3403 City of Spring Place 6-24-61 For 24 Agn 19 Pike 2704 City of Zebulon 5-6-61 For 52 Agn 1 Polk 2931 City of Rockmart 12-2-61 See below * * Result: City of RockmartFor: 669; Agn: 174 Ward 1 For: 22; Agn: 36 Ward 2 For: 0; Agn: 17 Ward 3 For: 0; Agn: 0 Ward 4 For: 6; Agn: 69 Ward 5 For: 0; Agn: 1 Sumter 3251 City of Americus 5-9-61 For 331 Agn 954 Void 6 Troup 2650 City of West Point 4-26-61 For 143 Agn 224 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 4381

Georgia Laws, 1962: County Page No. SUBJECT Date of Election Result Bryan 2505 City of Richmond Hill 4-4-62 For 153 Agn 119 Chatham 2707 Town of Pooler 4-26-62 For 110 Agn 114 Clarke 2677 City of Athens 5-23-62 For 643 Agn 521 Clarke 2751 City of Athens 4-25-62 For1228 Agn1361 Clayton Fulton 2592 City of College Park 5-5-62 For 32 Agn 37 Clayton Fulton 2599 City of College Park 6-1-62 For 214 Agn1061 Clayton Fulton 3084 City of College Park 5-26-62 For 4 Agn 160 Columbia 2713 City of Martinez 9-12-62 For 85 Agn 573 Emanuel 2359 Board of County Commissioners 11-6-62 For 450 Agn 484 Fulton 2473 City of East Point 5-9-62 For 1 Agn 3 Fulton 2854 City of East Point 5-9-62 For 1 Agn 6 Fulton 2861 City of East Point 5-9-62 For 6 Agn 31 Fulton 3130 City of East Point 5-9-62 For 25 Agn 22 Gwinnett 2364 Unlawful to own and operate pinball machines, etc. 11-6-62 For1737 Agn 638 Henry 2403 Town of Locust Grove 4-25-62 For 20 Agn 27 Jackson 2620 City of Jefferson Not held Jackson 2624 City of Commerce 12-5-62 Inside City For385; Agn108 Outside City For58; Agn237 Laurens 2528 Town of Dudley 3-28-62 For 29 Agn 4 Laurens 3052 Office of County Treasurer abolished Not Held Meriwether 2244 City of Manchester 3-28-62 For 234 Agn 66 Meriwether 2396 City of Manchester 3-28-62 For 251 Agn 47 Meriwether 2422 City of Manchester 3-28-62 For 224 Agn 67 Meriwether 2603 City of Manchester 3-28-62 For 231 Agn 76 Meriwether 2613 City of Manchester 3-28-62 For 227 Agn 57 Mitchell 2158 City of Camilla 4-24-62 For 15 Agn 0 Murray 2576 City of Chatsworth 6-23-62 For 143 Agn 183 Muscogee County Muscogee 2164 Columbus-Muscogee Board of Commissionerscreation of 4-11-62 For6612; Agn9103 City of Columbus For5563; Agn6032 Newton 3072 City of Covington 4-25-62 For 550 Agn 167 Oglethorpe 3202 City Court of Lexingtonabolish 11- 6-62 For 392 Agn 180 Putnam 2440 Certain county officers, compensation 11- 6-62 For 626 Agn 129 Putnam 3048 Office of Tax Commissionercreated 11- 6-62 For 548 Agn 184 Terrell 2537 City of Dawson 7-11-62 Ext. 1Defeated Ext. 2Ratified Terrell 3186 City of Dawson Status unknown Upson 2074 City of Thomaston 4- 3-62 For 577 Agn 543 Warren 2981 Clerk Superior Court attend Court of Ordinary, when 11- 6-62 For 281 Agn 313 Washington 3038 City of Tennille 5- 2-62 In proposed areas For 13; Agn44 In City Tennille For139; Agn58 Wayne 3110 Board of County Commissionerscreation of 11- 6-62 For 664 Agn 449 Wilkinson 2847 Town of McIntyre 4- 7-62 For 70 Agn 21 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 4384

Georgia Laws, 1963: County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For581 Agn343 Baldwin 3035 Civil and Criminal Court of Baldwin County created 5-28-63 For142 Agn346 Bartow 2066 Sheriff's deputies and jailerscompensation 4-10-63 For721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For666 Agn1230 Bartow 2078 Clerical help in office of the County Commissionercompensation 4-10-63 For532 Agn1343 Bartow 2082 Deputy Tax Commissionerclerical helpcompensation 4-10-63 For511 Agn1356 Bartow 2086 County to furnish sheriff's office with automobiles, equipment and uniforms 4-10-63 For714 Agn1172 Berrien 2627 Town of Enigma 6-4-63 For15 Agn0 Bleckley 2382 Tax Commissionercreation of office 6-5-63 For209 Agn436 Cherokee 2016 City of Canton 5-1-63 For45 Agn29 Clayton 2723 Town of Lovejoy Not Held Clayton 2815 City of Riverdale Not Held Cobb 2781 Board of County Commissionerscreation of 1-8-64 For2123 Agn4100 Colquitt 2203 City of Moultrie Status unknown DeKalb 3457 City of North Atlanta 7-11-63 For(1)508 For(2)55 For(3)842 Dougherty 3630 City of Albany 7-29-63 For1034 Agn1406 Emanuel 2583 City of Swainsboro 5-13-63 Inside City: For243 Agn44 Outside City: For81 Agn41 Fulton 2887 City of East Point Not Held Glynn 3249 City of Brunswick 10-1-63 For798 Agn570 Hall 3552 Board of County Commissioners 9-3-63 For1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1669 For Sec. 2624 Houston 3330 City of Warner Robins 5-7-63 For1127 Agn776 Irwin 2602 Tax Commissionercreation of office For91 Agn279 Jackson 2575 City of Commerce 5-28-63 No Action Taken Meriwether 2332 City of Warm Springs No Action Taken Muscogee 2731 City of Columbus 6-5-63 For3254 Agn1615 Newton 3017 Board of County Commissioners 5-15-63 For333 Agn669 Pulaski 3436 Tax Commissionercreation of office 6-18-63 For354 Agn321 Screven 2835 City of Sylvania 6-4-63 For160 Agn79 Void6 Talbot 2185 Board of County Commissioners 5-22-63 For 239 Agn 295 Telfair 2482 City of McRae 5-1-63 For 130 Agn 3 Thomas 3402 City of Boston 5-20-63 For 45 Agn 126 Thomas 3405 City of Boston 5-20-63 For 52 Agn 127 Turner 2471 One member Board County Commissioner 4-24-63 For 249 Agn 603 Walton 2600 Tax Equalization Program 7-24-63 For1715 Agn1838 Ware 2237 Board of County Commissioners 5-30-63 For1727 Agn1373 Wilkes 2803 Certain County Officerscompensation 5-28-63 For1304 Agn 119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For1281 Agn 130 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 4387

Georgia Laws, 1964: County Page No. SUBJECT Election Date of Result Appling 2681 Sheriff, clerk superior court, tax collector and tax receivercompensation 6-17-64 For2543 Agn 848 Brooks 2776 City of Quitmancharter amendment Status unknown Chatham 2288 Town of Poolercharter amendment 4-15-64 For 124 Agn 61 Cherokee 2351 City of Woodstockcharter amendment Not held Cherokee 2431 City of Cantoncorporate limits 4-8-64 For 174 Agn 394 Colquitt 2305 City of Moultriecharter amendment 10-20-64 For1174 Agn 613 Cook 2093 County Commissionersmethod of election 3-4-64 For2003 Agn1612 Dodge 2954 City of Empirenew charter 6-2-64 For 55 Agn 71 Fulton 2478 City of Union Citycharter repeal 5-8-64 For 214 Agn 279 Gwinnett 2733 City of Suwaneenew charter 5-11-64 For 90 Agn 4 Hancock 2088 Sheriff, Ordinary and Clerk Superior Courtcompensation 4-22-64 For 251 Agn 64 Harris 2939 4-29-64 Inside: For 61 Agn 43 Outside: For 0 Agn 7 Hart 2028 Board of Financeelection members 9-9-64 Question A: 1,246 Question B: 873 McDuffie 2095 Board of county commissionerscreation of 4- 1-64 For971 Agn1720 McDuffie 2104 Tax Commissionercreation of 4- 1-64 For985 Agn1708 McDuffie 2107 Sheriffcompensation 4- 1-64 For982 Agn1705 Meriwether 2154 Town of Greenvillecharter amendment Status unknown Meriwether 2412 City of Woodburycharter amendment 4-22-64 For110 Agn30 Monroe 2542 Board of county commissionersterms Not held Murray 2672 County Commissionercompensation 9- 9-64 For1868 Agn1763 Peach 2627 Board of county commissionerscreation of 4-29-64 (3 questions) For/Against approval of creation of board For509 Agn502 For election of board by people For692 For election of board by Grand Jury Agn93 Pickens 2066 Board of county commissionerscreation of 3- 4-64 For1822 Agn144 Pickens 2078 City of Jaspercharter amendment 3-21-64 Inside City: For43 Agn3 Outside City: For9 Agn0 Thomas 2497 Sheriffcompensation 4-29-64 For1685 Agn639 Tift 2208 City of Tiftoncommissioners powers 4-22-64 For281 Agn216 Tift 2361 City of Tiftoncharter amendment 4-22-64 For136 Agn368 Tift 2900 Board of County Commissionersmembership 5-13-64 For1992 Agn1290 Tift 3069 Board of county commissionersprovide bids 5-13-64 For2592 Agn738 Walker 2014 Ordinarycompensation 2-18-64 For4695 Agn285 Walker 2018 Tax Commissionercreation of 2-18-64 For4673 Agn251 Walker 2024 Clerk Superior Courtcompensation 2-18-64 For4655 Agn298 Walker 2643 Fire prevention districtsestablishment 2-15-65 For246 Agn41 (Fire district commissionerselected) 3-22-65 For 3 member board 81 votes for each candidate Ware 2455 Tax Commissionercreation of Not held * * Ware CountyAct declared unconstitutional by court order and no election was held. Whitfield 2175 Board County Commissionerscreation of 3-20-64 For3817 Agn2807 Wilkinson 2314 Tax Commissionercreation of 11- 3-64 For933 Agn863 Baker 2096 Sheriffprovide annual salary 7-15-64 For464 Agn529 Barrow 2347 City of Windercharter amendment 9- 9-64 For507 Agn372 Cobb 2075 Board of county commissionerscreation of 7- 8-64 For7297 Agn2791 Cobb 2179 City of Elizabethnew charter 10- 6-64 Not certified Dooly 2052 City of Byromvillecorporate limits Not held Fulton 2342 City of Alpharettacorporate limits 8-22-64 For57 Agn104 Troup 2256 City of Hogansville 9-2-64 For200 (Ad valorem tax for school purposes) Agn410 Troup 2350 Small Claims and Committal Courtestablishment of LaGrange 11- 3-64 ** ** Troup County: Vote not known; Ordinary advises that Act was not ratified. Worth 2116 City of Sylvesternew charter 12- 2-64 For216 Agn32 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 4391

Georgia Laws, 1965: County Page No. SUBJECT Date of Election Result Appling 3142 Compensation of secretary of sheriff, tax commissions, etc. 11- 8-66 For589 Agn556 Appling 3361 Providing for an annual audit, etc. 11- 8-66 For733 Agn326 Baldwin 2306 City of Milledgevillecharter amendment 6- 2-65 For544 Agn462 Baldwin 2316 Board of County Commissionersamended 4- 7-65 For801 Agn1878 Brooks 3226 City of Quitmancharter amendment Status unknown Chatham 3181 Isle of Hopeprovide certain facilities Status unknown Crisp 2167 City of Cordelecharter amendment 4-28-65 Status unknown Decatur 2819 City of Bainbridgecharter amendment 4- 7-65 For1148 Agn688 Decatur 3245 Small Claims Court of Decatur Countycreated 6-16-65 For447 Agn472 Dooly 2582 City of Unadillacharter amendment 7-20-65 For56 Agn115 Echols 3160 City of Statenvillecharter amendment 7-14-65 For72 Agn75 Fulton 3391 City of College Parkcharter amendments Status unknown Habersham 2727 City of Corneliacharter amendment 5-12-65 For92 Agn123 Houston 2650 City Court of Warner Robinscreation of, etc. 6-22-65 For1847 Agn1657 Jackson 3408 City of Jeffersoncharter amendments Status unknown Liberty 3342 Town of Allenhurstcreation of 5-10-65 For51 For0 Madison 3068 Compensation of certain county officers 6-16-65 * * Creating Act provides that this Act shall become effective on the date which receives more than one half of the votes cast in such election. Eff. 1-1-66 For1384 Eff. 1-1-67 For422 McDuffie 2480 Changes compensation of coroner 5-12-65 For105 Agn58 Putnam 2862 Compensation of county commissioners 6-16-65 For183 Agn199 Thomas 2680 Creation of fire protection districts 6-16-65 ** ** Creating Act provides that the votes shall be tabulated separately for each respective Fire District. If more than one half of the votes cast in any Fire District, are for approval of the Act the Act shall become of full force in Fire District. Otherwise it shall be void and of no such effect in Fire District. Fire Dist. No. 1 For226 Agn49 Fire Dist. No. 2 For116 Agn46 Fire Dist. No. 3 For364 Agn535 Tift 2541 Change compensation of ordinary 6-16-65 For953 Agn353 Tift 2608 Compensation of clerk superior court 6-16-65 For952 Agn381 Tift 2705 Compensation of tax commissioner 6-16-65 For943 Agn361 This is a summary of the results of referendum elections which are of file and record in the office of the Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 4393

Georgia Laws, 1966: County Page No. SUBJECT Election Date of Result Appling 2754 Board of County Commissioners 11-8-66 For728 Agn479 Atkinson 2107 County Court of Atkinson County 11-8-66 For1004 Agn704 Bartow 2144 City of Adairsville 4-2-66 For167 Agn48 Bartow 2454 City of Adairsville 4-2-66 For210 Agn105 Bryan 2466 City Court of Pembroke 9-14-66 For368 Agn1148 Bulloch 2316 City of Statesboro 11-8-66 For265 Agn183 Fulton 3337 City of Atlanta 5-11-66 Sandy Springs For-2504 Agn-5173 Adamsville For-198 Agn-151 Floyd 3129 Floyd School District 4-12-66 For1459 Agn3759 Habersham 2404 City of Cornelia 4-27-66 For150 Agn115 Habersham 2625 City of Cornelia 4-27-66 For149 Agn114 Habersham 3102 City of Cornelia 4-27-66 For144 Agn118 Habersham 3144 City of Cornelia 4-27-66 For 157 Agn 105 Hall 3305 Recreating the Board of County Commissioners 11-8-66 For 4842 Agn 4335 Irwin 2472 Office of Tax Commissioner 4-27-66 For 184 Agn 387 Jackson 3025 City of Jefferson Not held Jeff Davis 2352 Creation of the City of Denton 4-6-66 For 162 Agn 58 Meriwether 2266 Compensation - Certain County Officers 11-8-66 For 1495 Agn 2994 Meriwether 2521 Town of Luthersville 5-7-66 For 40 Agn 19 Meriwether 3318 City of Woodbury 5-11-66 For 27 Agn 6 Meriwether 3403 City of Greenville 5-4-66 For 24 Agn 19 Miller 2867 City of Colquitt Not held Miller 3372 Small Claims Court of Miller Co. 5-4-66 For 180 Agn 153 Pike 3170 City of Zebulon 4-30-66 For 89 Agn 14 Stephens 2628 County Commissioners 11-8-66 For 1443 Agn 1554 Wayne 3099 City of Jesup 5-25-66 For 1083 Agn 603 This is a summary of the results of referendum elections which are of file and record in the office of the Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 4395

Georgia Laws 1967: County Page No. SUBJECT Date of Election Result Banks 2538 Election of county board of education members 6-28-67 For 333 Agn 219 Banks Habersham 2610 Town of Baldwincharter amendment Not held Barrow 3326 City of Stathamnew charter 5-19-67 For 185 Agn 93 Ben Hill 2987 Election of city board of education members, etc 6-13-67 For 179 Agn 507 Bulloch 3483 City of Statesborocharter amendment 7-28-67 For 490 Agn 111 Bulloch 2997 Town of Brookletcharter amendment 9- 1-67 For 33 Agn 3 Catoosa 2207 Creation of Board of County Commissioners 4-15-67 For1139 Agn 3373 Catoosa 2225 Election of members of county board of education 4-15-67 For 1426 Agn2993 Chattahoochee 2530 Election of county board of education members Not held Clarke 2929 Board of Educationelection of members 6-7-67 For 663 Agn 570 Clarke 3215 City of Athenseducational tax 11-5-68 * * Date of General Election in 1968. For 8480 Agn3398 Cook 2507 Election of county board of education members 8-16-67 For 584 Agn 135 Crisp 2691 Election of county board of education members 9-14-67 For 266 Agn 32 Dooly 2467 City of Viennacharter amendment 6-20-67 For 12 Agn 9 Dooly 2922 Election of board of education members, etc. 6-20-67 For 807 Agn 173 Echols 3491 City of Statenvillecharter amendment 5-15-67 For 62 Agn 106 Floyd 2163 City of Romecharter amendment 4-26-67 For 333 Agn 794 Gordon 2898 Fire protection services 6-21-67 For 286 Agn 111 Henry 2595 City of Stockbridgecharter amendment 5-13-67 Inside City For 101 Agn 87 Outside City For 43 Agn 475 Houston 2606 City of Warner Robinscharter amendment 4-25-67 For 2292 Agn 680 Houston 3241 Appointment of county school superintendent 11- 7-67 For 1001 Agn2317 Houston 3244 Election of members of county board of education 11- 7-67 For 2559 Agn 757 Lowndes 2118 Creation of the Town of Dasher 4-11-67 For 59 Agn 5 McDuffie 2169 Deputy sheriffcompensation 4-26-67 For 1069 Agn 539 Meriwether 2011 City of Greenvillenew charter 4- 3-67 For 41 Agn 0 Murray 2458 City of Chatsworthcharter amendment 5-31-67 For 154 Agn 19 Newton 2405 Creation of new county board of education 5- 3-67 For 1258 Agn 598 Newton 2784 Board of County Commissionerscreation of 5- 3-67 For 1301 Agn 540 Pike 2448 Create office of Tax Commissioner 9- 6-67 For 454 Agn 52 Pike 3152 Election of members of county board of education, etc. 9- 6-67 For 441 Agn 65 Polk 2718 Election of members of county board of education 11- 5-68 * For 3306 Agn1245 Pulaski 3463 Pulaski County and City of Hawkinsville school merger 11- 7-67 Pulaski County For 249 Agn 482 City of Hawkinsville For 466 Agn 236 Randolph 2243 Tax Commissionerchange compensation, etc. 4-26-67 Proposition #1 For 1109 Proposition #2 For 782 Stephens 3005 Election of members of county board of education 5- 2-67 For 709 Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11- 5-68 * For 1097 Agn 88 Thomas 2115 City of Thomasvilletax rate for schools 3-28-67 For 841 Agn 398 Turner 2694 City of Sycamorecharter amendment 5-26-67 For 162 Agn 51 Union 3064 Sheriff's salary 6-28-67 For 235 Agn 790 Whitfield 2277 City of Daltoncharter amendment 4-19-67 For 516 Agn 607 This is a summary of the results of referendum elections which are of file and record in the office of the Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 4398

Referendum Election Results for Year 1968 Georgia Laws, 1968: County Page No. SUBJECT Date of Election Result Atkinson 2882 Board of county commissioners created 4-17-68 For 591 Agn 216 Bacon 3542 Office of Tax Commissioner created 6-11-68 For 400 Agn 321 Banks and Habersham 2400 Town of Baldwincharter amendment Status Unknown Berrien 2241 Board of County Commissionersmembership Not Held Bibb 2835 Board of Educationselection of members 11-5-68 * * Date of General Election in year 1968. For14,736 Agn 7,193 Bleckley 2278 City of Cochranchange corporate limits 6-19-68 For 351 Agn 781 Candler 2446 County Board of Educationcreated 5- 7-68 For 296 Agn 467 Carroll 2256 County School Superintendentappointment of 4-24-68 For 250 Agn 1,341 Carroll 2841 County Board of Educationelection of members 4-24-68 For 547 Agn 1,087 Charlton 2342 City of Folkstoncharter amendment 9-11-68 For 118 Agn 145 Charlton 2984 Town of Homelandnew charter Status Unknown Chatham 2636 Board of Education of City of Savannah and Chatham County 11-5-68 * For11,874 Agn11,276 Chattahoochee 2717 County Board of Educationelection of members 7-12-68 For 4 Agn 20 Cherokee 3751 Cherokee County School Systemchange districts 11-5-68 * For 2,042 Agn 1,755 Coffee 2177 County Board of Educationcreation of new board 4-24-68 For 546 Agn 1,101 Coffee 2181 County Commissionerscreation of new board 4-24-68 For 508 Agn 1,100 Colquitt 2130 City of Moultriecharter amendment 4-23-68 For 540 Agn 715 Columbia 2708 County Board of Educationelection of members 9-11-68 For 2,048 Agn 320 Decatur 2565 County Board of Educationelection of members 5- 1-68 For 971 Agn 1,104 Decatur 2735 City of Bainbridgecharter amendment 6- 5-68 For 292 Agn 137 Douglas 2262 Appointment of county school superintendent 5-21-68 For 189 Agn 1,025 Douglas 3764 County Board of Educationelection members 5-21-68 For 498 Agn 686 Echols 3514 County Board of Educationelection members 11- 5-68 * For 457 Agn 38 Emanuel 2487 County Board of Educationelection members 4-24-68 For 405 Agn 633 Evans 3722 City of Daisyincorporation of City Status Unknown Glynn 2914 Brunswick-Glynn County Charter Commission Not held to date Gordon 2030 Board of County Commissionerscreation of 5-15-68 For 723 Agn 1,212 Grady 2120 County Board of Educationelection members 5-14-68 For 2,249 Agn 717 Gwinnett 2003 Board of County Commissionerscreation of 4-10-68 For Part I4,315 For Part II1,413 Henry 3375 Board of County Commissionerselection of 5-28-68 For 756 Agn 1,272 Irwin 2822 Office of Tax Commissioner created 5-28-68 For 191 Agn 547 Jefferson 3421 County Board of Educationadditional members 11- 5-68 * For 3,029 Agn 1,420 Jenkins 2960 Board of County Commissionersincrease membership 6-10-68 For 559 Agn 179 Jenkins 2965 County Board of Educationelection of 6-10-68 For 448 Agn 298 Macon 2663 Creation of Office of Tax Commissioner 5- 1-68 For 189 Agn 261 Miller 2529 County Board of Educationelection members 5-14-68 For 667 Agn 345 Paulding 2381 County Board of Educationelection members 7- 3-68 For 233 Agn 19 Pierce 2761 County Board of Educationelection members 11- 5-68 * For 812 Agn 1,377 Rabun 2272 Board of County Commissionerscreation of 4- 9-68 For 1,205 Agn 1,144 Sumter 2065 County Board of Educationelection members 5-21-68 For 626 Agn 483 Tift 2023 City of Tiftoncharter amendment 4- 3-68 For 408 Agn 310 Toombs 3424 County Board of Educationelection members 5-29-68 For 65 Agn 772 Walker 2152 City of Lookout Mountain created 5- 9-68 For 299 Agn 252 Walker 2235 County Board of Educationelection members 5- 9-68 For 1,155 Agn 887 Walton 2974 County Board of Educationelection members 6-18-68 For 1,709 Agn 265 Wayne 3361 County Board of Educationelection members 9-11-68 For 1,140 Agn 614 Whitfield 3065 City of Varnellincorporation of 5-23-68 For 41 Agn 5 Wilkes 3462 Town of Raylecharter created 5-17-68 For 43 Agn 4 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 4402

A PROCLAMATION BY THE GOVERNOR: WHEREAS: The following proposed amendments to the Constitution of Georgia of 1945, as amended, having been proposed by Resolutions in the Senate or the House of Representatives of the State of Georgia, and each having been agreed to by two-thirds of the members elected to each branch of the General Assembly and entered on the Journals of each of said branches with the Ayes and Nays taken thereon; and WHEREAS: The Governor, the Attorney General and the Secretary of State met and determined that the following proposed amendments to the Constitution were general; and WHEREAS: Said proposed amendments were published and submitted to the people (electors) of the entire State as required by Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended; and WHEREAS: The vote of the people (electors) of the entire State voting in favor of ratifying and against ratifying said proposed amendments have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to the Governor of the State of Georgia; and WHEREAS: The votes in favor of ratifying and the votes against ratifying the following proposed amendments are as follows: FOR AGAINST 1. (Ga. L. 1968 P. 1558) Proposed amendment to the Constitution to provide that the Lieutenant Governor-Elect shall succeed to the Governorship in the event of the death of the Governor-Elect. 686,680 107,195 2. (Ga. L. 1968 P. 1562) Proposed amendment to the Constitution to provide for a runoff election for Governor in the event no candidate received a majority of the votes cast in the general election. 698,345 90,625 3. (Ga. L. 1967 P. 913) Proposed amendment to the Constitution to provide for the apportionment of the Senate. 473,442 244,963 4. (Ga. L. 1967 P. 940) Proposed amendment to the Constitution to authorize the expenditure of State funds for school lunch purposes. 682,015 180,654 5. (Ga. L. 1968 P. 1560) Proposed amendment to the Constitution to provide that the Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, and Commissioner of Labor shall be elected in the same manner as the Governor and the procedures relating to the election of the Governor shall apply to said officers and to provide that in the event of the death or withdrawal of any person elected to any such office prior to his taking office the Governor shall be authorized to fill such office. 549,289 179,996 6. (Ga. L. 1968 P. 1567) Proposed amendment to the Constitution to change the name and designation of the office of solicitor general to district attorney. 491,256 223,334 7. (Ga. L. 1968 P. 1573) Proposed amendment to the Constitution to authorize the General Assembly to provide by law for a program to grant scholarships or other assistance to the children of law enforcement officers, firemen and prison guards, who are permanently disabled or killed in the line of duty, to enable such children to acquire an education beyond the twelfth grade, or to enable such children to attend a vocational-technical school. 516,753 222,198 8. (Ga. L. 1968 P. 1597) Proposed amendment to the Constitution to authorize the General Assembly to provide by law for the issuance of revenue bonds for the purpose of making direct loans to students in order to allow such students to acquire an education beyond the twelfth grade. 461,108 273,969 9. (Ga. L. 1968 P. 1632) Proposed amendment to the Constitution to extend the homestead exemption for disabled veterans, to those veterans suffering from loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes or a wheelchair. 632,234 123,417 10. (Ga. L. 1968 P. 1686) Proposed amendment to the Constitution to increase the amount of loans and scholarships for medical students and to change the provisions relative to the repayment of such loans and scholarships, the State Medical Education Board and the Secretary of said Board. 473,576 255,399 11. (Ga. L. 1968 P. 1690) Proposed amendment to the Constitution to provide for an exemption of $4,000.00 from all State and county ad valorem taxes on the homestead of owners sixty-five (65) years of age or older whose net income as defined by Georgia law for income tax purposes when added to that of his spouse does not exceed $4,000.00 for the immediately preceding taxable year. 632,550 126,687 * * Please note that in Paragraph 2 proposed general amendments numbered 12, 13, 14 and 18 WERE DECLARED NOT TO BE A PART OF THE CONSTITUTION OF GEORGIA. 12. (Ga. L. 1968 P. 1565) Proposed amendment to the Constitution to provide for an independent General Assembly by electing the members thereof for four year terms at a different General Election from the one at which the Governor is elected. 291,603 440,198 * 13. (Ga. L. 1968 P. 1594) Proposed amendment to the Constitution to change the jurisdiction of justice of the peace in civil cases. 302,287 391,192 * 14. (Ga. L. 1968 P. 1627) Proposed amendment to the Constitution to provide for the creation of a new Game and Fish Commission. 274,833 449,258 15. (Ga. L. 1968 P. 1882) Proposed amendment to the Constitution to authorize the General Assembly to provide by law for reimbursing the employees of the Game and Fish Commission who received a retroactive pay raise in 1966 and were subsequently required to remit the amount of said raise to the State Treasurer. 381,164 317,809 16. (Ga. L. 1968 P. 1886) Proposed amendment to the Constitution to authorize the Department of Industry and Trade, in order to make Georgia competitive with other states in securing new business, industry and tourism, to expend available funds for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the Department to discuss the location or development of new business, inindustry and tourism, to expend available provide that all such expenditures shall be verified by vouchers showing the date, place, purpose and persons for whom such expenditures were made, and further provide that the State Auditor shall conduct an audit of such expenditures at least every six months. 404,067 298,616 17. (Ga. L. 1968 P. 1576) Proposed amendment to the Constitution to provide that the General Assembly may submit for ratification proposals to provide for a new Constitution as well as to submit proposed amendments to the Constitution and to provide that such proposals may not be vetoed by the Governor. 396,651 294,546 * 18. (Ga. L. 1968 P. 1588) Proposed amendment to the Constitution to provide that the marketing of milk and milk substitutes is in the public interest and may be regulated by the General Assembly. 370,628 391,554 19. (Ga. L. 1968 P. 1707) Proposed amendment to the Constitution to authorize the General Assembly to provide that programs for the promotion of agricultural products including provisions for quality and/or product control may be instituted, continued or terminated in accordance with the results of a referendum conducted among the producers of the product or products affected and to provide that the General Assembly may delegate to instrumentalities, public corporations, authorities and commissions created by it the right to impose, raise, lower or repeal assessments, fees or other charges upon the sale or processing of affected products and to collect the same after approval by the producers of such products in a referendum. 425,009 316,238 20. (Ga. L. 1968 P. 1606) Proposed amendment to the Constitution to provide that the General Assembly may create Development Authorities or authorize any county or municipal corporation or combinations thereof to create Development Authorities and authorize such authorities to issue revenue obligations for the purpose of developing industry, trade and employment opportunities. 362,314 319,541 21. (Ga. L. 1967 P. 935) Proposed amendment to the Constitution to remove the provisions freezing civil service preference for honorably discharged veterans of the State of Georgia as of a certain date, and to authorize the General Assembly to accord such veterans preference, point or otherwise, in any civil service program established in the state government or any political subdivision thereof. 423,045 262,432 22. (Ga. L. 1968 P. 1595) Proposed amendment to the Constitution to authorize the General Assembly to provide by law for the creation of an actuarially sound, participation retirement system for all employees of public schools who are not covered by the Teachers' Retirement System, including, but not limited to, school bus drivers, school lunchroom personnel, school maintenance personnel and school custodial personnel, and for the expenditure of State funds and the funds of county and independent boards of education for the support of said retirement system. 489,494 232,784 23. (Ga. L. 1967 P. 963) Proposed amendment to the Constitution to authorize the General Assembly, in its discretion, to create a new court or system of courts in and for each city of this State having a population of more than 300,000 according to the United States Decennial Census of 1960, and any future such United States Census; and to provide jurisdiction of such court or system of courts. 412,414 255,068

Page 4407

THEREFORE: I, Lester Maddox, Governor of the State of Georgia, do hereby proclaim that the proposed general amendments numbered 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 15, 16, 17, 19, 20, 21, 22 and 23, having been ratified according to the Constitution of the State of Georgia, according to the results of the November 1968 General Election held on Tuesday, November 5, 1968, and according to the certification delivered to me by the Secretary of State of the State of Georgia, are declared to be a part of the Constitution of the State of Georgia, effective this date. I, Lester Maddox, Governor of the State of Georgia, do hereby further proclaim that the proposed general amendments numbered 12, 13, 14 and 18, not having been ratified according to the Constitution of this State, according to the results of the November 1968 General Election held on Tuesday, November 5, 1968, and according to the certification delivered to me by the Secretary of State of the State of Georgia, are hereby declared not to be a part of the Constitution of Georgia. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto, at the State Capitol, in the City of Atlanta, on this the 2nd day of December, 1968, and of the Independence of the United States of America, the One Hundred and Ninety-Third.

Page 4408

Page 4409

A PROCLAMATION BY THE GOVERNOR: WHEREAS: The following proposed amendments to the Constitution of Georgia of 1945, as amended, having been proposed by Resolutions in the Senate or the House of Representatives of the State of Georgia, and each having been agreed to by two-thirds of the members elected to each branch of the General Assembly and entered on the Journals of each of said branches with the Ayes and Nays taken thereon; and WHEREAS: The Governor, the Attorney General and the Secretary of State met and determined that the following proposed amendments to the Constitution were not general and have determined the political subdivision or subdivisions directly affected by each of said proposed amendments; and WHEREAS: Each of said proposed amendments were published and submitted to the people (electors) of the political subdivision or subdivisions directly affected as required by Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended; and WHEREAS: The vote of the people (electors) of each of said subdivisions voting in favor of ratifying and voting against ratifying said proposed amendments have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to the Governor of the State of Georgia; and WHEREAS: The votes in favor of ratifying and the votes against ratifying the following proposed amendments are as follows: FOR AGAINST BALDWIN COUNTY 2,559 2,016 24. (Ga. L. 1968 P. 1841) Proposed amendment to the Constitution to provide that the governing authority of Baldwin County shall be authorized to levy an annual registration tax on no more than two motor vehicles in the county owned by any individual or firm; to provide for the payment of such tax no later than April 1 of each year; to provide for a penalty for delinquent registrations; and to provide that the tax collector of Baldwin County shall collect such taxes. BALDWIN COUNTY 3,935 1,375 25. (Ga. L. 1968 P. 1490) Proposed amendment to the Constitution to create the City of Milledgeville and Baldwin County Industrial Development Authority. BARTOW COUNTY 3,208 2,304 26. (Ga. L. 1968 P. 1852) Proposed amendment to the Constitution to authorize the governing authority of Bartow County to provide water, sewage, garbage disposal or fire protection services and to levy a tax for the purpose of constructing and maintaining facilities for such service. BLECKLEY COUNTY Bleckley County School District 779 846 Independent School District of City of Cochran 808 239 * * Please note that in Paragraph 2 proposed local amendments numbered 27, 32, 33, 38, 53, 59, 70, 79, 83, 93, 94, 114, 115 and 126 WERE DECLARED NOT TO BE A PART OF THE CONSTITUTION OF GEORGIA. 27. (Ga. L. 1968 P. 1795) Proposed amendment to the Constitution to create the Cochran-Bleckley School System by merging the independent School System of the City of Cochran and the county school system of Bleckley County. BRANTLEY COUNTY 932 129 28. (Ga. L. 1968 P. 1731) Proposed amendment to the Constitution to create the Brantley County Development Authority. BRYAN COUNTY 1,008 443 29. (Ga. L. 1968 P. 1680) Proposed amendment to the Constitution to create the Bryan County Industrial Development Authority. BUTTS COUNTY 1,355 607 30. (Ga. L. 1968 P. 1614) Proposed amendment to the Constitution to create the Butts County Industrial Development Authority. CALHOUN COUNTY 602 130 31. (Ga. L. 1968 P. 1672) Proposed amendment to the Constitution to create the Calhoun County Industrial Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith. CAMDEN COUNTY 479 660 * 32. (Ga. L. 1967 P. 920) Proposed amendment to the Constitution to authorize the governing authority of Camden County in the unincorporated areas thereof to adopt building, electrical, plumbing and other similar codes, to adopt planning and zoning ordinances, and to regulate construction of all types by requiring building permits. CHARLTON COUNTY 261 878 * 33. (Ga. L. 1967 P. 944) Proposed amendment to the Constitution to authorize the governing authority of Charlton County in the unincorporated areas thereof to adopt building, electrical, plumbing, and other similar codes, to adopt planning and zoning ordinances, and to regulate construction of all types by requiring building permits. CHATHAM COUNTY City of Savannah 10,094 3,284 34. (Ga. L. 1968 P. 1591) Proposed amendment to the Constitution to authorize the governing authority of the City of Savannah to establish historic zones within a designated area of the city of Savannah and enact appropriate planning and zoning ordinances applicable thereto. CHATHAM COUNTY City of Savannah 8,231 2,998 35. (Ga. L. 1967 P. 953) Proposed amendment to the Constitution to provide the procedure whereby taxes other than ad valorem property taxes may be levied in the City of Savannah and to provide for a subsequent reduction of ad valorem taxes on real and personal property based upon the amount of funds received from such additional tax levies. CHATHAM COUNTY 13,884 5,064 36. (Ga. L. 1968 P. 1745) Proposed amendment to the Constitution to provide the procedure whereby taxes other than ad valorem property taxes may be levied in Chatham County and to provide for a subsequent reduction of ad valorem taxes on real and personal property based upon the amount of funds received from such additional tax levies. CHATTAHOOCHEE COUNTY 118 112 37. (Ga. L. 1968 P. 1640) Proposed amendment to the Constitution to create the Chattahoochee County Industrial Development Authority. CHATTAHOOCHEE COUNTY Chattahoochee County School District 124 218 * 38. (Ga. L. 1967 P. 966) Proposed amendment to the Constitution to provide that the homestead exemption shall not apply to taxes which are assessed and collected by the taxing authorities of Chattahoochee County for the support and maintenance of education as recommended by the Chattahoochee County Board of Education. CHATTOOGA COUNTY Chattooga County School District 2,014 417 39. (Ga. L. 1968 P. 1766) Proposed amendment to the Constitution to provide staggered terms for the members of the Board of Education of Chattooga County. CHATTOOGA COUNTY 2,052 579 40. (Ga. L. 1968 P. 1766) Proposed amendment to the Constitution to provide that the proceeds of ad valorem taxes collected on motor vehicles by Chattooga County may be used by the governing authority of said county in the same calendar year in which such taxes are collected. CHEROKEE COUNTY 3,320 1,338 41. (Ga. L. 1968 P. 1545) Proposed amendment to the Constitution to create the Cherokee County Airport Authority. CHEROKEE COUNTY 3,701 1,121 42. (Ga. L. 1968 P. 1743) Proposed amendment to the Constitution to authorize the governing authority of Cherokee County to establish and administer fire protection districts in the unincorporated areas of said county and to levy a tax not to exceed five mills conditioned upon approval of the qualified voters of any such district voting in a special election on such question. CLARKE COUNTY Clarke County School District 9,506 2,541 44. (Ga. L. 1968 P. 1530) Proposed amendment to the Constitution to authorize the General Assembly to provide for the election of the members of the Clarke County Board of Education by the people from election districts within said county. CLAY COUNTY 367 56 45. (Ga. L. 1968 P. 1634) Proposed amendment to the Constitution to create the Clay County Industrial Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith. COBB COUNTY City of Acworth 714 121 46. (Ga. L. 1968 P. 1524) Proposed amendment to the Constitution to provide that residents of the City of Acworth who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not exceeding $5,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City. COBB COUNTY Cobb County School District 13,908 9,735 47. (Ga. L. 1968 P. 1529) Proposed amendment to the Constitution to change the composition of Education District No. 2 in Cobb County. COBB COUNTY City of Marietta 4,437 649 48. (Ga. L. 1968 P. 1678) Proposed amendment to the Constitution to provide that residents of the City of Marietta who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not exceeding $5,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City. COBB COUNTY 15,963 15,667 49. (Ga. L. 1967 P. 918) Proposed amendment to the Constitution to authorize the governing authority of Cobb County to district Cobb County into districts for the purpose of establishing and maintaining street light systems and to authorize such authority to levy a tax within such districts for the purpose of supporting such systems. COBB COUNTY 19,553 11,037 50. (Ga. L. 1967 P. 914) Proposed amendment to the Constitution to authorize the General Assembly to empower the governing authority of Cobb County to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said governing authority and to provide penalties for violation of such ordinances; to authorize the enforcement of such ordinances by civil or criminal proceedsings in the Superior Court or Civil and Criminal Court of Cobb County or other courts established by the General Assembly. COBB COUNTY 18,907 13,157 15. (Ga. L. 1967 P. 927) Proposed amendment to the Constitution to provide that a sewerage district may encompass the entire County of Cobb and to authorize the issuance of general obligation bonds of the county to construct, maintain and operate a sewerage system therein. COWETA COUNTY 3,504 3,563 * 53. (Ga. L. 1968 P. 1449) Proposed amendment to the Constitution to repeal the local amendment to Article II, Section I, Paragraph I of the Constitution captioned Coweta CountyFire, Water, Etc. Districts, Georgia Laws, 1964, Vol. 1, page 906, et seq, and so as to authorize Coweta County to issue its general obligation water and sewerage bonds and to incur an additional bonded indebtedness for such purpose not to exceed seven per centum (7%) of the assessed value of taxable property therein subject to taxation for bond purposes, which debt limitation shall be in addition to the seven per centum (7%) debt limitation now imposed by this Constitution and to levy taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as same mature and to levy taxes to pay the cost of operating, maintaining, repairing and improving the water and sewerage system of said County. COWETA COUNTY Coweta County School District 2,520 2,063 Independent School District of The City of Newnan 2,236 638 54. (Ga. L. 1968 P. 1452) Proposed amendment to the Constitution to create the Coweta County School System by merging the county school system of Coweta County and the independent school system of the City of Newnan. CRISP COUNTY City of Cordele 840 644 55. (Ga. L. 1968 P. 1715) Proposed amendment to the Constitution to create the Cordele Office Building Authority. CRISP COUNTY 1,564 881 56. (Ga. L. 1968 P. 1757) Proposed amendment to the Constitution to create the Crisp County-Cordele Industrial Development Authority. DADE COUNTY 1,532 389 57. (Ga. L. 1967 P. 907) Proposed amendment to the Constitution to create the Dade County Industrial Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for issuing revenue bonds and for validation of such bonds. DECATUR COUNTY 4,303 499 58. (Ga. L. 1968 P. 1780) Proposed amendment to the Constitution to create the Decatur County-Bainbridge Industrial Development Authority. DECATUR COUNTY 1,851 1,980 * 59. (Ga. L. 1968 P. 1539) Proposed amendment to the Constitution to increase the jurisdiction of the justices of the peace in Decatur County. DEKALB COUNTY City of Decatur 3,879 1,176 60. (Ga. L. 1968 P. 1515) Proposed amendment to the Constitution to authorize the City of Decatur to construct and maintain off-street parking facilities. DOOLY COUNTY 1,083 744 62. (Ga. L. 1968 P. 1768) Proposed amendment to the Constitution to create the Dooly County Industrial Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for issuing revenue bonds and for the validation of such bonds. DOUGLAS COUNTY 3,283 1,606 64. (Ga. L. 1968 P. 1791) Proposed amendment to the Constitution to authorize the governing authority of Douglas County to establish water, sanitation, sewerage and fire protection districts within the unincorporated areas of Douglas County and within the corporate limits of the municipalities located in said County with the approval of the governing authorities of said municipalities to provide that said governing authority may administer water, sanitation, sewerage and fire protection systems in said districts; to provide that said governing authority may levy taxes, issue bonds and revenue bonds to operate, maintain and administer such districts and systems; to provide what property shall be taxed for such purposes; to provide for the right of eminent domain. DOUGLAS COUNTY 3,060 1,718 65. (Ga. L. 1967 P. 916) Proposed amendment to the Constitution to authorize the General Assembly to provide for the creation of a Civil Service System and a Retirement System for all present and future officers and employees of Douglas County. EARLY COUNTY 2,160 164 66. (Ga. L. 1968 P. 1608) Proposed amendment to the Constitution to create the Early County Industrial Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith. EFFINGHAM COUNTY 1,873 289 67. (Ga. L. 1968 P. 1733) Proposed amendment to the Constitution to create the Effingham County Industrial Development Authority. ELBERT COUNTY 2,488 1,127 68. (Ga. L. 1968 P. 1600) Proposed amendment to the Constitution to create the Elbert County Industrial Building Authority. EVANS COUNTY 674 131 69. (Ga. L. 1968 P. 1556) Proposed amendment to the Constitution to create the Evans County Industrial Development Authority. FANNIN COUNTY City of Blue Ridge 224 364 * 70. (Ga. L. 1968 P. 1828) Proposed amendment to the Constitution to create the City of Blue Ridge Industrial Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for issuing revenue bonds and for the validation of such bonds. FAYETTE COUNTY 1,345 1,122 71. (Ga. L. 1968 P. 1517) Proposed amendment to the Constitution to authorize and empower the governing authority of the County of Fayette to establish and administer water, sewerage and fire protection districts, and to levy taxes, to issue bonds and have the power of eminent domain in connection therewith. FLOYD COUNTY 10,292 3,700 72. (Ga. L. 1967 P. 930) Proposed amendment to the Constitution to authorize the creation of a Merit System of employment for any or all present and future employees of Floyd County. FLOYD COUNTY Floyd County School District 5,742 2,524 73. (Ga. L. 1968 P. 1584) Proposed amendment to the Constitution to authorize the Board of Education of Floyd County to establish and participate in the cost of maintaining insurance, workmen's compensation and hospital programs for its employees. FLOYD COUNTY Floyd County School District 5,663 2,569 74. (Ga. L. 1968 P. 1798) Proposed amendment to the Constitution to provide for staggered terms for the members of the County Board of Education of Floyd County. FULTON COUNTYCity of Atlanta 45,980 22,804 DEKALB COUNTYCity of Atlanta 2,852 1,711 75. (Ga. L. 1968 P. 1826) Proposed amendment to the Constitution to authorize the governing authority of the City of Atlanta to establish historic zones within a designated area of the City of Atlanta and enact appropriate planning and zoning ordinances applicable thereto. FULTON COUNTYCity of Atlanta 39,117 35,737 DEKALB COUNTYCity of Atlanta 2,270 2,525 76. (Ga. L. 1968 P. 1586) Proposed amendment to the Constitution to authorize the City of Atlanta to issue in any one year not in excess of $4,000,000 in principal amount of general obligation bonds for any lawful public purpose other than school purposes without a referendum but subject to certain limitations. FULTON COUNTYCity of Atlanta 44,093 31,606 DEKALB COUNTYCity of Atlanta 2,598 2,268 77. (Ga. L. 1968 P. 1589) Proposed amendment to the Constitution to authorize the City of Atlanta to incur bonded indebtedness to the extent of 45 million dollars in addition to any other indebtedness which the City is now or may hereafter be authorized to incur, for the purpose of providing funds to acquire, construct, equip and improve school buildings and facilities of the City school system without a referendum. FULTON COUNTYCity of Atlanta 42,877 32,846 DEKALB COUNTYCity of Atlanta 2,578 2,242 78. (Ga. L. 1968 P. 1582) Proposed amendment to the Constitution to authorize the City of Atlanta to issue in any one year not in excess of $4,000,000 in principal amount of general obligation bonds for school purposes without a referendum but subject to certain limitations. FULTON COUNTYCity of Atlanta 34,607 37,021 DEKALB COUNTYCity of Atlanta 2,057 2,673 * 79. (Ga. L. 1968 P. 1579) Proposed amendment to the Constitution to authorize the City of Atlanta to incur debt to the extent of fifteen per centum (15%) of the assessed value of all the taxable property therein, of which debt, eight per centum (8%) shall be for indebtedness incurred for all lawful corporate purposes prior to November 6, 1956, and existing indebtedness incurred since November 6, 1956 and indebtedness hereafter incurred, for all lawful corporate purposes other than school purposes, and seven per centum (7%) shall be for existing indebtedness incurred since November 6, 1956 and indebtedness hereafter incurred, for school purposes. FULTON COUNTY 58,485 42,552 80. (Ga. L. 1968 P. 1571) Proposed amendment to the Constitution to authorize Fulton County to idemnify the Tax Commissioner and his bondsman from loss by reason of acceptance of uncertified checks in payment of automobile license fees. FULTON COUNTY 66,000 34,864 81. (Ga. L. 1967 P. 969) Proposed amendment to the Constitution authorizing Fulton County, within the unincorporated areas of said County, to regulate traffic and parking, and to provide for misdemeanor punishment for violation of such regulations. FULTON COUNTY 71,788 24,254 82. (Ga. L. 1967 P. 941) Proposed amendment to the Constitution to provide for a direct method of appeal from the Criminal Court of Fulton County to the Supreme Court and the Court of Appeals of Georgia so that said Appellate Courts shall have original jurisdiction to try and correct errors of law from the Criminal Court of Fulton County. FULTON COUNTY 35,632 62,092 * 83. (Ga. L. 1967 P. 938) Proposed amendment to the Constitution to authorize Fulton County to issue general obligation bonds without a referendum but subject to certain limitations. GILMER COUNTY 1,126 690 84. (Ga. L. 1968 P. 1488) Proposed amendment to the Constitution to authorize the tax commissioner of Gilmer County to collect tax fi. fas. issued by the tax commissioner. GILMER COUNTY 1,341 464 85. (Ga. L. 1967 P. 958) Proposed amendment to the Constitution to create the Gilmer County Industrial Developmental Authority. GLASCOCK COUNTY 300 72 86. (Ga. L. 1968 P. 1866) Proposed amendment to the Constitution to create the Glascock County Industrial Development Authority. GWINNETT COUNTY Gwinnett County School District 9,947 3,726 87. (Ga. L. 1968 P. 1887) Proposed amendment to the Constitution to change the provisions relating to the filling of vacancies on the Board of Education of Gwinnett County. GWINNETT COUNTY 10,633 3,418 88. (Ga. L. 1968 P. 1884) Proposed amendment to the Constitution to authorize the creation of a Merit System of employment for any or all present and future employees of Gwinnett County. HALL COUNTY 7,266 3,097 89. (Ga. L. 1967 P. 968) Proposed amendment to the Constitution to authorize the General Assembly to provide by law for the creation of a civil service system of personnel administration for all persons, other than elected officials, whose salaries are paid out of the funds of Hall County. HARRIS COUNTY Town of Waverly Hall 117 42 90. (Ga. L. 1968 P. 1844) Proposed amendment to the Constitution to create the Town of Waverly Hall Development Authority. HENRY COUNTY 4,056 1,956 91. (Ga. L. 1968 P. 1774) Proposed amendment to the Constitution to authorize Henry County to issue its general obligation water and sewerage bonds and to incur an additional bonded indebtedness for such purpose not to exceed seven per centum (7%) of the assessed value of taxable property therein subject to taxation for bond purposes, which debt limitation shall be in addition to the seven per centum (7%) debt limitation now imposed by this Constitution and to levy taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as same mature and to levy taxes to pay the cost of operating, maintaining, repairing and improving the water and sewerage system of said county. HENRY COUNTY 4,000 1,978 92. (Ga. L. 1968 P. 1739) Proposed amendment to the Constitution to authorize the governing authority of Henry County to levy a tax not to exceed two mills per dollar on all taxable property located in Henry County for water and water and sewerage purposes and to guarantee payment, in whole or in part, of water or water and sewerage revenue bonds issued, from time to time, by the County and the Henry County Water Authority and to otherwise support and maintain the operations of a water or water and sewerage system of Henry County. HENRY COUNTY 1,998 3,537 * 93. (Ga. L. 1968 P. 1741) Proposed amendment to the Constitution to authorize the General Assembly to change the form of government of Henry County and to provide for a county manager and to provide for all matters relative to the foregoing by local law. HOUSTON COUNTY 4,828 4,976 * 94. (Ga. L. 1968 P. 1807) Proposed amendment to the Constitution to create the Houston County Building Commission and to provide for powers, authority, limitations, funds, purposes, and procedures connected therewith and to authorize the Commission to issue its bonds and to provide the method and manner of such issuance and validation and the effect thereof. HOUSTON COUNTY 5,721 4,260 95. (Ga. L. 1968 P. 1805) Proposed amendment to the Constitution to authorize the General Assembly to create a special court in Houston County. JACKSON COUNTY 2,760 1,234 96. (Ga. L. 1968 P. 1800) Proposed amendment to the Constitution to create the Jackson County Industrial Development Authority. JASPER COUNTY 1,747 150 97. (Ga. L. 1968 P. 1550) Proposed amendment to the Constitution to create the Jasper County Industrial Development Authority. McINTOSH COUNTY 1,445 236 101. (Ga. L. 1968 P. 1834) Proposed amendment to the Constitution to create the McIntosh County Industrial Development Authority. MERIWETHER COUNTY 3,085 621 102. (Ga. L. 1967 P. 901) Proposed amendment to the Constitution to create the Meriwether County Industrial Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith. MILLER COUNTY 712 332 103. (Ga. L. 1968 P. 1543) Proposed amendment to the Constitution to create the Colquitt and Miller County Development Authority. MUSCOGEE COUNTY 17,426 3,923 104. (Ga. L. 1968 P. 1526) Proposed amendment to the Constitution to authorize the General Assembly to empower Muscogee County to adopt ordinances for policing the public property, roads and streets, of Muscogee County, and the Muscogee County Airport; to provide for the enforcement of County ordinances; to authorize the creation of a recorder's court, or authorize the use of the Municipal Court of Columbus; and to authorize the regulation and licensing of businesses in the unincorporated area of Muscogee County. MUSCOGEE COUNTY 13,148 8,194 105. (Ga. L. 1968 P. 1540) Proposed amendment to the Constitution to provide for the establishment of sanitary districts and service charges for garbage disposal facilities within Muscogee County. MUSCOGEE COUNTY 17,037 4,141 City of Columbus 12,352 2,241 106. (Ga. L. 1968 P. 1508) Proposed amendment to the Constitution to authorize the General Assembly to provide by local Act for the creation of a charter commission to study all matters relating to the consolidation of the government of the City of Columbus and the County of Muscogee and for the establishment of successor government with powers and jurisdiction throughout the territorial limits of Muscogee County and to draft a charter to create such successor government, which proposed charter shall be submitted to the voters of Muscogee County, and the voters of the City of Columbus, and which charter shall be required to receive a majority vote of the qualified voters voting in each of said agencies of government. MUSCOGEE COUNTY 17,245 4,156 107. (Ga. L. 1968 P. 1655) Proposed amendment to the Constitution to create the Muscogee County Airport Commission. MUSCOGEE COUNTY 17,757 3,737 108. (Ga. L. 1967 P. 947) Proposed amendment to the Constitution to create the Muscogee County Industrial Development Authority. PUTNAM COUNTY 1,028 344 110. (Ga. L. 1968 P. 1860) Proposed amendment to the Constitution to create the Putnam County Development Authority. QUITMAN COUNTY 350 11 111. (Ga. I. 1968 P. 1620) Proposed amendment to the Constitution to create the Quitman County Industrial Development Authority. RICHMOND COUNTY 8,896 3,984 113. (Ga. L. 1968 P. 1506) Proposed amendment to the Constitution to authorize the General Assembly to empower the governing authority of Richmond County to adopt ordinances for the policing of Richmond County and to provide penalties for violations of such ordinances. ROCKDALE COUNTY Rockdale County School District 1,455 1,705 * 114. (Ga. L. 1968 P. 1878) Proposed amendment to the Constitution to increase the debt limitation in the Rockdale County School District from Seven (7%) Per Cent to Ten (10%) Per Cent of assessed values of all taxable property therein. SCREVEN COUNTY 1,064 1,157 * 115. (Ga. L. 1968 P. 1755) Proposed amendment to the Constitution to authorize the governing authority of Screven County to levy a tax not to exceed one mill for the purpose of securing a fund to be set aside and used by the Sylvania-Screven Airport Authority. SPALDING COUNTY 4,502 2,386 116. (Ga. L. 1968 P. 1704) Proposed amendment to the Constitution to authorize the General Assembly of Georgia to empower the governing authority of Spalding County to establish and administer fire protection districts and levy taxes on the property in such districts, without the allowance of any exemptions from taxation, after the assent of a majority of the qualified voters voting in an election held thereon in the affected area. STEPHENS COUNTY 2,104 786 117. (Ga. L. 1968 P. 1854) Proposed amendment to the Constitution to create the Stephens County Industrial Development Authority; to provide for powers, authority, funds, purposes and procedure connected therewith; to provide for issuing revenue bonds and for the validation of such bonds. STEPHENS COUNTY 2,841 447 118. (Ga. L. 1967 P. 925) Proposed amendment to the Constitution to authorize the General Assembly to empower the governing authority of Stephens County to establish and administer fire protection districts after a favorable vote by a majority of the qualified voters voting in an election held thereon in the affected area. STEWART COUNTY 1,097 88 119. (Ga. L. 1968 P. 1647) Proposed amendment to the Constitution to create the Stewart County Industrial Development Authority. TALBOT COUNTY City of Woodland 148 23 120. (Ga. L. 1968 P. 1699) Proposed amendment to the Constitution to create the City of Woodland Development Authority. TATTNALL COUNTY 1,522 642 121. (Ga. L. 1968 P. 1662) Proposed amendment to the Constitution to create the Tattnall County Industrial Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith. TAYLOR COUNTY 1,647 246 122. (Ga. L. 1968 P. 1709) Proposed amendment to the Constitution to create the Taylor County Industrial Development Authority. WARE COUNTY 2,960 2,547 125. (Ga. L. 1968 P. 1880) Proposed amendment to the Constitution to provide that the powers, duties and responsibilities of the sheriff of Ware County, as they relate to the enforcement of criminal laws of the United States, this State and any political subdivision thereof, shall be exercised by a county police force which shall be established by the governing authority of Ware County. WARREN COUNTY 441 572 * 126. (Ga. L. 1968 P. 1872) Proposed amendment to the Constitution to create the Warren County Industrial Development Authority. WEBSTER COUNTY 522 42 127. (Ga. L. 1968 P. 1748) Proposed amendment to the Constitution to create the Webster County Industrial Development Authority. WHITFIELD COUNTY 4,816 1,754 128. (Ga. L. 1968 P. 1482) Proposed amendment to the Constitution to create the Whitfield County Development Authority. WHITFIELD COUNTY 4,475 2,082 129. (Ga. L. 1958 P. 1466) Proposed amendment to the Constitution to create The City of Dalton Building Authority and provide for powers, authority, limitations, funds, purposes and procedures connected therewith and to authorize the Authority to issue its revenue bonds and to provide the method and manner of such issuance and the validation and effect thereof.

Page 4430

THEREFORE: I, Lester Maddox, Governor of the State of Georgia, do hereby proclaim that the proposed amendments which are not general numbered 24, 25, 26, 28, 29, 30, 31, 34, 35, 36, 37, 39, 40, 41, 42, 44, 45, 46, 47, 48, 49, 50, 51, 54, 55, 56, 57, 58, 60, 62, 64, 65, 66, 67, 68, 69, 71, 72, 73, 74, 75, 76, 77, 78, 80, 81, 82, 84, 85, 86, 87, 88, 89, 90, 91, 92, 95, 96, 97, 101, 102, 103, 104, 105, 106, 107, 108, 110, 111, 113, 116, 117, 118, 119, 120, 121, 122, 125, 127, 128 and 129, having been ratified according to the Constitution of the State of Georgia, according to the results of the November 1968 General Election held on Tuesday, November 5, 1968, and according to the certification delivered to me by the Secretary of State of the State of Georgia, are declared to be a part of the Constitution of the State of Georgia. I, Lester Maddox, Governor of the State of Georgia, do hereby further proclaim that the proposed amendments which are not general numbered 27, 32, 33, 38, 53, 59, 70, 79, 83, 93, 94, 114, 115 and 126, not having been ratified according to the Constitution of this State, according to the results of the November 1968 General Election held on Tuesday, November 5, 1968, and according to the certification delivered to me by the Secretary of State of the State of Georgia, are hereby declared not to be a part of the Constitution of Georgia.

Page 4431

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto, at the State Capitol, in the City of Atlanta, on this the 13th day of December, 1968, and of the Independence of the United States of America, the One Hundred and Ninety-Third.

Page 4432

A PROCLAMATION BY THE GOVERNOR: WHEREAS: The following proposed amendment to the Constitution of Georgia of 1945 as amended, having been proposed by Resolution in the House of Representatives of the State of Georgia, and having been agreed to by two-thirds of the members elected to each branch of the General Assembly and entered on the Journals of each of said branches with the Ayes and Nays taken thereon; and WHEREAS: The Governor, the Attorney General and the Secretary of State met and determined that the following proposed amendment to the Constitution was not general and have determined the political subdivision or subdivisions directly affected by said proposed amendment; and WHEREAS: Said proposed amendment was published and submitted to the people (electors) of the political subdivision or subdivisions directly affected as required by Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended; and WHEREAS: The vote of the people (electors) of each of said subdivisions voting in favor of ratifying and voting against ratifying said proposed amendment have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to the Governor of the State of Georgia; and WHEREAS: The votes in favor of ratifying and the votes against ratifying the following proposed amendment are as follows: BALLOT NUMBER PROPOSED AMENDMENT AND POLITICAL SUBDIVISION OR SUBDIVISIONS AFFECTED FOR AGAINST RICHMOND COUNTY 11,505 5,180 112. (Ga. L. 1968 P. 1787) CITY OF AUGUSTA 4,721 1,332 CITY OF HEPHZIBAH 71 57 Proposed amendment to the Constitution to provide that the General Assembly shall have the power, by local act, to create, designate, vest powers and duties, set terms and compensation, establish functions, combine and consolidate municipal and county public agencies, departments, boards, bureaus, commissions, and governing authorities within Richmond County.

Page 4433

THEREFORE: I, Lester Maddox, Governor of the State of Georgia, do hereby proclaim that the proposed amendment which is not general numbered 112, having been ratified according to the Constitution of the State of Georgia, according to the results of the November 1968 General Election held on Tuesday, November 5, 1968, and according to the certification delivered to me by the Secretary of State of the State of Georgia, is declared to be a part of the Constitution of the State of Georgia. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto, at the State Capitol, in the City of Atlanta, on this the 12th day of February, 1969, and of the Independence of the United States of America, the One Hundred and Ninety-Third.

Page 4434

A PROCLAMATION BY THE GOVERNOR: WHEREAS: The following proposed amendments to the Constitution of Georgia of 1945, as amended, having been proposed by Resolutions in the Senate or the House of Representatives of the State of Georgia, and each having been agreed to by two-thirds of the members elected to each branch of the General Assembly and entered on the Journals of each of said branches with the Ayes and Nays taken thereon; and WHEREAS: The Governor, the Attorney General and the Secretary of State met and determined that the following proposed amendments to the Constitution were not general and have determined the political subdivision or subdivisions directly affected by each of said proposed amendments; and WHEREAS: Each of said proposed amendments were published and submitted to the people (electors) of the political subdivision or subdivisions directly affected as required by Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended; and WHEREAS: The vote of the people (electors) of each of said subdivisions voting in favor of ratifying and voting against ratifying said proposed amendments have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to the Governor of the State of Georgia; and WHEREAS: The votes in favor of ratifying and the votes against ratifying the following proposed amendments are as follows: BALLOT NUMBER PROPOSED AMENDMENT AND POLITICAL SUBDIVISION OR SUBDIVISIONS AFFECTED FOR AGAINST CLARKE COUNTY 8,480 3,398 43. (Ga. L. 1968 P. 1822) CITY OF ATHENS 6,403 2,297 Proposed amendment to the Constitution to provide the procedure whereby taxes other than ad valorem property taxes may be levied by Clarke County and the City of Athens and to provide for a subsequent reduction of ad valorem taxes on real and personal property based upon the amount of funds received from such additional tax levies. COBB COUNTY 18,724 12,960 CITY OF ACWORTH 770 366 CITY OF BIG SHANTY 753 392 CITY OF AUSTELL 914 687 CITY OF ELIZABETH 1,270 879 CITY OF CLARKDALE 112 52 CITY OF MARIETTA 2,821 1,575 CITY OF SMYRNA 2,806 1,835 CITY OF POWDER SPRINGS 872 543 52. (Ga. L. 1967 P. 927 Proposed amendment to the Constitution to authorize the governing authority of Cobb County to create indebtedness and issue general obligation bonds for the construction, maintenance and operation of sanitary and storm sewers and sewage disposal plants within the unincorporated areas of said county and within incorporated municipalities of said county only upon the approval of the issuance of such bonds by the voters affected by such issuance. DODGE COUNTY 3,592 378 61. (Ga. L. 1968 P. 1693) CITY OF EASTMAN 1,811 162 Proposed amendment to the Constitution to provide for the creation of the Dodge County-Eastman Development Authority. LOWNDES COUNTY 2,357 2,578 * * Please note that in Paragraph 2 proposed local amendment numbered 100 WAS DECLARED NOT TO BE A PART OF THE CONSTITUTION OF GEORGIA. 100. (Ga. L. 1968 P. 1777) CITY OF VALDOSTA 2,122 1,845 Proposed amendment to the Constitution to delegate to the respective governing authorities of the City of Valdosta and County of Lowndes authority to merge and consolidate by joint resolution, and with or without an enabling act of the General Assembly of Georgia, the offices, officers and functions of the City of Valdosta and the County of Lowndes relating to the time, manner and method for the return, collection, property assessment, notice of property assessment, hearing, appeal, arbitration or review of property assessment, lien, priority of lien and collection of ad valorem taxes levied by the City of Valdosta, County of Lowndes and State of Georgia and respecting any and all other matters relating or incident to the same. 124. (Ga. L. 1968 P. 1846) WARE COUNTY 3,115 2,342 CITY OF WAYCROSS 2,160 797 Proposed amendment to the Constitution to authorize the General Assembly to provide by law for the modification or for the abolishment and consolidation into a single countywide government of the existing governments of Ware County and the City of Waycross and for all matters relative thereto, provided any law enacted pursuant to such authority is submitted to the people for approval or rejection.

Page 4436

THEREFORE: I, Lester Maddox, Governor of the State of Georgia, do hereby proclaim that the proposed amendments which are not general numbered 43, 52, 61 and 124, having been ratified according to the Constitution of the State of Georgia, according to the results of the November 1968 General Election held on Tuesday, November 5, 1968, and according to the certification delivered to me by the Secretary of State of the State of Georgia, are declared to be a part of the Constitution of the State of Georgia. I, Lester Maddox, Governor of the State of Georgia, do hereby further proclaim that the proposed amendment which is not general numbered 100, not having been ratified according to the Constitution of this State, according to the results of the November 1968 General Election held on Tuesday, November 5, 1968, and according to the certification delivered to me by the Secretary of State of the State of Georgia, is hereby declared not to be a part of the Constitution of Georgia.

Page 4437

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto, at the State Capitol, in the City of Atlanta, on this the 9th day of April, 1969, and of the Independence of the United States of America, the One Hundred and Ninety-Third.

Page 4438

A PROCLAMATION BY THE GOVERNOR: WHEREAS: The following proposed amendments to the Constitution of Georgia of 1945, as amended, having been proposed by Resolution in the House of Representatives of the State of Georgia, and having been agreed to by two-thirds of the members elected to each branch of the General Assembly and entered on the Journals of each of said branches with the Ayes and Nays taken thereon; and WHEREAS: The Governor, the Attorney General and the Secretary of State met and determined that the following proposed amendments to the Constitution were not general and have determined the political subdivision or subdivisions directly affected by said proposed amendments; and WHEREAS: Said proposed amendments were published as required by Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended; and WHEREAS: Said proposed amendments were not submitted to the people (electors) of the political subdivision or subdivisions directly affected as required by Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended; and WHEREAS: The votes that were certified in favor of ratifying and the votes against ratifying the following proposed amendments are as follows: BALLOT NUMBER PROPOSED AMENDMENT AND POLITICAL SUBDIVISION OR SUBDIVISIONS AFFECTED FOR AGAINST DOUGHERTY COUNTY 7,254 5,467 * * Please note that in Paragraph I proposed local amendments numbered 63, 99, and 123 WERE DECLARED NOT TO BE A PART OF THE CONSTITUTION OF GEORGIA. 63. (Ga. L. 1968 P. 1520) CITY OF ALBANY No Votes Certified Proposed amendment to the Constitution to delegate to the respective governing authorities of the City of Albany and County of Dougherty authority to merge and consolidate by resolutions of said respective bodies, and without an enabling act of the General Assembly of Georgia, the Boards of Tax Assessors and the departments, offices, officers and functions of the City of Albany and of the County of Dougherty relating to the return and assessment of property for taxation, notice of property assessment, hearings, appeals, arbitrations and reviews of property assessments, liens, priority of liens, and enforcement and collection of ad valorem taxes levied by the City of Albany, County of Dougherty and State of Georgia, and other matters relating to or incident to the same. LINCOLN COUNTY 1,390 92 * 99. (Ga. L. 1968 P. 1702) CITY OF LINCOLNTON No Votes Certified Proposed amendment to the Constitution to create the Lincolnton and Lincoln County Development Authority. UPSON COUNTY 3,003 808 * 123. (Ga. L. 1968 P. 1503) CITY OF THOMASTON No Vote Certified Proposed amendment to the Constitution to authorize the General Assembly to consolidate and combine the Board of Tax Assessors of the City of Thomaston and of the County of Upson into a single board of tax assessors for said city and county and to require that all taxable property in said city and county be returned to the Tax Commissioner of Upson County and the city and county taxes due thereon paid to said Tax Commissioner.

Page 4439

THEREFORE: I, Lester Maddox, Governor of the State of Georgia, do hereby proclaim that the proposed amendments which are not general numbered 63, 99 and 123, having not been submitted to the people (electors) of the political subdivision or subdivisions directly affected as required by Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, are declared not to be a part of the Constitution of the State of Georgia.

Page 4440

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto, at the State Capitol, in the City of Atlanta, on this the 9th day of April, 1969, and of the Independence of the United States of America, the One Hundred and Ninety-Third.

Page 4441

A PROCLAMATION BY THE GOVERNOR: WHEREAS: The following proposed amendment to the Constitution of Georgia of 1945, as amended, having been proposed by Resolution in the House of Representatives of the State of Georgia, and having been agreed to by two-thirds of the members elected to each branch of the General Assembly and entered on the Journals of each of said branches with the Ayes and Nays taken thereon; and WHEREAS: The Governor, the Attorney General and the Secretary of State met and determined that the following proposed amendment to the Constitution was not general and have determined the political subdivision or subdivisions directly affected by said proposed amendment; and WHEREAS: Said proposed amendment was not published as required by Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended; and WHEREAS: Said proposed amendment was submitted to the people (electors) of the political subdivision or subdivisions directly affected as required by Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended; and WHEREAS: The vote of the people (electors) of each of said subdivisions voting in favor of ratifying and voting against ratifying said proposed amendment have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to the Governor of the State of Georgia; and WHEREAS: The votes in favor of ratifying and the votes against ratifying the following proposed amendment are as follows: BALLOT NUMBER PROPOSED AMENDMENT AND POLITICAL SUBDIVISION OR SUBDIVISIONS AFFECTED FOR AGAINST * * Please note that in Paragraph 2 proposed local amendment numbered 98 WAS DECLARED NOT TO BE A PART OF THE CONSTITUTION OF GEORGIA. 98. (Ga. L. 1968 P. 1532) LEE COUNTY 736 252 Proposed amendment to the Constitution to create the Lee County Development Authority, and to provide for powers, authority, funds, purposes and procedures connected therewith.

Page 4442

THEREFORE: I, Lester Maddox, Governor of the State of Georgia, do hereby proclaim that the proposed amendment which is not general numbered 98 was ratified according to the Constitution of the State of Georgia, according to the results of the November 1968 General Election held on Tuesday, November 5, 1968, and according to the certification delivered to me by the Secretary of State of the State of Georgia. FURTHER: I, Lester Maddox, Governor of the State of Georgia, do hereby proclaim that the proposed amendment which is not general numbered 98, having not been advertised according to Article XIII, Section I, Paragraph I, as amended, is declared not to be a part of the Constitution of the State of Georgia. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto, at the State Capitol, in the City of Atlanta, on this the 9th day of April, 1969, and of the Independence of the United States of America, the One Hundred and Ninety-Third.

Page 4443

A PROCLAMATION BY THE GOVERNOR: WHEREAS: The following proposed amendment to the Constitution of Georgia of 1945, as amended, having been proposed by Resolution in the Senate or the House of Representatives of the State of Georgia, and having been agreed to by two-thirds of the members elected to each branch of the General Assembly and entered on the Journals of each of said branches with the Ayes and Nays taken thereon; and WHEREAS: The Governor, the Attorney General and the Secretary of State met and determined that the following proposed amendment to the Constitution was not general and have determined the political subdivision or subdivisions directly affected by said proposed amendment; and WHEREAS: Said proposed amendment was published and submitted to the people (electors) of the political subdivision or subdivisions directly affected as required by Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended; and WHEREAS: The vote of the people (electors) of each of said subdivisions voting in favor of ratifying and voting against ratifying said proposed amendment have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to the Governor of the State of Georgia; and WHEREAS: The votes in favor of ratifying and the votes against ratifying the following proposed amendment are as follows: BALLOT NUMBER PROPOSED AMENDMENT AND POLITICAL SUBDIVISION OR SUBDIVISIONS AFFECTED FOR AGAINST PULASKI COUNTY 910 610 109. (Ga. L. 1968 P. 1496) CITY OF HAWKINSVILLE 568 228 Proposed amendment to the Constitution to create the Pulaski County-Hawkinsville Development Authority.

Page 4444

THEREFORE: I, Lester Maddox, Governor of the State of Georgia, do hereby proclaim that the proposed amendment which is not general numbered 109, having been ratified according to the Constitution of the State of Georgia, according to the results of the November 1968 General Election held on Tuesday, November 5, 1968, and according to the certification delivered to me by the Secretary of State of the State of Georgia, is declared to be a part of the Constitution of the State of Georgia. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Georgia to be affixed hereto, at the State Capitol, in the City of Atlanta, on this the 9th day of April, 1969, and of the Independence of the United States of America, the One Hundred and Ninety-Third.

For any information regarding these ACTS and RESOLUTIONS please contact: BEN W. FORTSON, JR. Secretary of State or JOE N. BURTON Assistant to Secretary of State