Acts and resolutions of the General Assembly of the state of Georgia 1971 [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 19710000 English

Page 2001

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1971 19710000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

Page 2003

Compiler's Note To speed publication, the Acts and Resolutions of the 1971 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 982. The proposed amendments to the Constitution were grouped together beginning at page 934 of Volume One and are followed by a complete index. 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 the Secretary of State during 1970 are printed in Volume Two beginning on page 4155. Home Rule Actions by Counties filed in the office of Secretary of State during 1970 are printed in Volume Two beginning on page 4136. There are no intervening pages between 983 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, and this is followed by a regular alphabetical index. ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1971 CITY OF NEWNANCHARTER AMENDED. No. 11 (House Bill No. 624). An Act to amend an Act creating a new charter for the City of Newnan in the County of Coweta, approved December 8, 1893 (Ga. L. 1893, p. 272), as amended, particularly by an Act approved August 6, 1904 (Ga. L. 1904, p. 549), an Act approved March 17, 1960 (Ga. L. 1960, p. 3020), and an Act approved March 6, 1961 (Ga. L. 1961, p. 2258), so as to abolish the Water, Sewerage and Light Commission of said City; to provide for the transfer of the powers and duties of the members of said Commission to the City; to provide for all other matters relative to the foregoing; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Page 2004

Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the City of Newnan in the County of Coweta, approved December 8, 1893 (Ga. L. 1893, p. 272), as amended, particularly by an Act approved August 6, 1904 (Ga. L. 1904, p. 549), an Act approved March 17, 1960 (Ga. L. 1960, p. 3020), and an Act approved March 6, 1961 (Ga. L. 1961, p. 2258), is hereby amended by repealing said amendatory Act of 1904 in its entirety. Repeal of 1904 Act. Section 2 . Said Act is further amended by striking subsection (c) of section 8 of said amendatory Act of 1960 in its entirety and inserting in lieu thereof a new subsection (c), to read as follows: Subsection (c) of 8 of 1960 Act stricken. (c) To exercise administrative control of all regular departments and divisions of the City. New subsection (c). Section 3 . Not less than 30 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 Mayor and Aldermen of the City of Newnan to issue the call for an election for the purpose of submitting this Act to the voters of said City for approval or rejection. The Mayor and Aldermen 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 Mayor and Aldermen shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Coweta County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act to amend the Act creating a new charter for the City of Newnan in the County of Coweta be amended so as to abolish the Water, Sewerage and Light Commission of the City of Newnan and to provide for the transfer of the powers and duties of the members of said commission to the City be approved? Referendum.

Page 2005

All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Newnan. It shall be the duty of the Mayor and Aldermen to hold and conduct such election. The 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 Mayor and Aldermen 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. Section 4 . This Act shall become effective the first day of the month following the date set for election. 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 1971 Session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Newnan in the County of Coweta, approved December 8, 1893 (Ga. L. 1893, p. 271), as amended, particularly by an Act approved August 6, 1904 (Ga. L. 1904, p. 549), and Act approved March 17, 1960 (Ga. L. 1960, p. 3020), and an Act approved March 6, 1961 (Ga. L. 1961, p. 2258), so as to abolish the Water, Sewerage and Light Commission of said City; to provide for the transfer of the powers and duties of the members of said Commission to the City of Newnan; to provide for all matters relative to the foregoing; to provide for a referendum; to provide for an effective date; and for other purposes. This 18th day of January, 1971. /s/ George W. Potts Representative, 30th District
Page 2006

/s/ Nathan G. Knight Representative, 30th District 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 the 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 21st day of January, 1971, the 28th day of January, 1971, and the 4th day of February, 1971. /s/ E. W. Thomasson Sworn to and subscribed before me, this 15th day of February, 1971. /s/ Charles L. Goodson Notary Public. (Seal) Approved March 8, 1971. ROCKDALE COUNTYORDINARY'S SALARY INCREASED, ETC. No. 19 (House Bill No. 556). An Act to amend an Act providing an annual salary for the ordinary of Rockdale County in lieu of the fee system of compensation, approved March 4, 1969 (Ga. L. 1969, p. 2173) so as to change the salary of the ordinary; to change the salary of the deputy of the ordinary; to repeal conflicting laws; and for other purposes.

Page 2007

Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing an annual salary for the ordinary of Rockdale County in lieu of the fee system of compensation, approved March 4, 1969 (Ga. L. 1969, p. 2173) is hereby amended by striking from section 2 the figure, $10,800.00 and inserting in lieu thereof the figure, $12,000.00 so that when so amended section 2 shall read as follows: Section 2. The ordinary of Rockdale County shall receive an annual salary of $12,000.00 payable in equal monthly installments from the funds of Rockdale County. Salary of ordinary. Section 2 . Said Act is further amended by striking from section 4 the figure, 4,200.00 and inserting in lieu thereof the figure, 5,100.00 so that when so amended section 4 shall read as follows: 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 $5,100.00 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. Authorization of deputy. Salary. 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 1971 Session of the General Assembly of Georgia, a bill to change the compensation of the Ordinary of Rockdale County and of his employees and to make certain

Page 2008

other changes in the legislation pertaining to the office of Ordinary of Rockdale County; and for other purposes. This 30th day of December, 1970. Clarence R. Vaughn, Jr. Representative, 74th District Hugh Jordan Representative, 74th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn, Jr. who, on oaths, 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 7, 14, and 21st, 1971. /s/ Clarence R. Vaughn, Jr. Representative, 74th District Sworn to and subscribed before me, this 15th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires, Dec. 16, 1974. (Seal) Approved March 11, 1971.

Page 2009

ROCKDALE COUNTYSHERIFF'S SALARY INCREASED, ETC. No. 20 (House Bill No. 557). 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, particularly by an Act approved March 4, 1969 (Ga. L. 1969, p. 2179) so as to change the salary of said Sheriff and the salaries of his deputies; to provide for additional deputies; to change the salary of the investigator; to change the salary of the clerical assistant; to provide for an additional automobile; 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, particularly by an Act approved March 4, 1969 (Ga. L. 1969, p. 2179) is hereby amended by striking from section 2 the figure $900.00 and inserting in lieu thereof the figure $1,000.00 so that when so amended section 2 shall read as follows: Section 2. The Sheriff shall receive a salary of $1,000.00 per month payable from the funds of Rockdale 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 a chief deputy sheriff and eight other full-time deputies. The chief deputy shall receive a salary of not more than six hundred ($600.00) dollars per month. The other eight full-time deputies shall each receive a salary of not more than six hundred ($600.00) dollars per month. The sheriff shall also be authorized to employ an investigator

Page 2010

who shall be paid a salary of not more than six hundred, fifty ($650.00) dollars per month, and a part-time deputy sheriff-jailer who shall receive a salary of not more than two hundred, fifty ($250.00) dollars per month. The sheriff may employ a clerical assistant who shall receive a salary of not more than four hundred, twenty-five ($425.00) 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 employee at will and within his sole discretion. Deputy sheriffs. Salaries. Investigator. Sheriff-jailer. Clerical assistant. Section 3 . Said Act is further amended by striking from section 5 the word, four and inserting in lieu thereof the word, five so that when so amended section 5 shall read as follows: Section 5. The governing authority of Rockdale County shall furnish the sheriff with five 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 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. 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 1971 Session of the General Assembly of Georgia, a bill to change the compensation of the Sheriff of Rockdale County and the number and compensation of his deputies

Page 2011

and employees and to make certain other changes in the legislation pertaining to the office of Sheriff of Rockdale County; and for other purposes. This 30th day of December, 1970. Clarence R. Vaughn, Jr. Representative, 74th District Hugh Jordan Representative, 74th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence 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 7, 14 and 21, 1971. Clarence R. Vaughn, Jr. Representative, 74th District Sworn to and subscribed before me, this 15th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires, Dec. 16, 1974. (Seal). Approved March 11, 1971.

Page 2012

ROCKDALE COUNTYCOMMISSIONER'S SALARY INCREASED. No. 21 (House Bill No. 558). An Act to amend an Act creating the office of commissioner of Rockdale County, approved February 18, 1941 (Ga. L. 1941, p. 952), as amended, particularly by an Act approved March 4, 1969 (Ga. L. 1969, p. 2171) so as to change the salary and the expense allowance 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 Rockdale County, approved February 18, 1941 (Ga. L. 1941, p. 952), as amended, particularly by an Act approved March 4, 1969 (Ga. L. 1969, p. 2171) is hereby amended by striking from section 8 the figures, $10,800.00 and $2,400.00 and inserting in lieu thereof the figures, $12,000.00 and $3,600.00, respectively, so that when so amended section 8 shall read as follows: Section 8. The commissioner of Rockdale County shall receive a salary of $12,000.00 per annum, paid in equal monthly installments from county funds, and, in addition an expense allowance of $3,600.00 per annum, paid in equal monthly installments from county funds. Commissioner, salary and expenses. 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 1971 Session of the General Assembly of Georgia, a bill to change the compensation of the Commissioner of Rockdale County; to make certain other changes in the

Page 2013

legislation pertaining to the office of Commissioner of Rockdale County; and for other purposes. This 30th day of December, 1970. Clarence R. Vaughn, Jr. Representative, 74th District Hugh Jordan Representative, 74th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence 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 7, 14, and 21, 1971. /s/ Clarence R. Vaughn, Jr. Representative, 74th District Sworn to and subscribed before me, this 15th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires, Dec. 16, 1974. (Seal). Approved March 11, 1971.

Page 2014

ROCKDALE COUNTYCOMPENSATION OF CLERK, ETC. No. 22 (House Bill No. 559). An Act to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, approved March 4, 1969 (Ga. L. 1969, p. 2176), so as to change provisions relative to the payment of collections; to change the compensation of the clerk; to change the compensation of the deputy clerk; to provide for an additional deputy clerk and for his compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act fixing the compensation of the clerk of the Superior Court of Rockdale County, approved March 4, 1969 (Ga. L. 1969, p. 2176), 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. 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, 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 deposited to a special account by said clerk and paid by check to the governing authority of said County by the 10th day of each month. All costs payable to other county officials from said funds shall be paid from said special account by said clerk before remitting the remainder to said governing authority by the 10th day of each month as herein provided. At the time each check is submitted to said governing authority, it shall be accompanied by a detailed itemized statement made by the clerk under oath showing all such collections and the sources from which collected. Monies collected for sole use of county. Deposit. Section 2 . Said Act is further amended by striking from section 2 the following: ten thousand, eight hundred ($10,800.00)

Page 2015

and inserting in lieu thereof the following: twelve thousand ($12,000.00) so that when so amended section 2 shall read as follows: Section 2. The clerk of the Superior Court of Rockdale County shall receive a salary of twelve thousand ($12,000.00) 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. Clerk's salary. Section 3 . 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 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 five thousand, one hundred ($5,100.00) dollars per annum; and one (1) full-time assistant clerk whose salary shall not exceed five thousand, one hundred ($5,100.00) 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 clerk's salary. Assistant clerk's salary. 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 1971 Session of the General Assembly of Georgia, a bill of clarify the duties of the Clerk of the Superior Court of Rockdale County; to change the compensation of the said Clerk and of her clerks and employees; to make certain other changes in the legislation pertaining to the office

Page 2016

of Clerk of the Superior Court of Rockdale County; and for other purposes. This 30th day of December, 1970. Clarence R. Vaughn, Jr. Representative, 74th District Hugh Jordan Representative, 74th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence 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 7, 14, and 21, 1971. /s/ Clarence R. Vaughn, Jr. Representative, 74th District Sworn to and subscribed before me, this 15th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires, Dec. 16, 1974. (Seal). Approved March 11, 1971.

Page 2017

PELHAM CHARTER AMENDEDBOARD OF EDUCATION. No. 23 (House Bill No. 565). An Act to amend an Act amending the charter of Pelham, so as to provide for a system of public schools, approved December 12, 1901 (Ga. L. 1901, p. 611), as amended. particularly by an Act approved February 6, 1964 (Ga. L. 1964, p. 2072), so as to provide for a new Board of Education for the public school system of the City of Pelham; to provide for its composition, election and terms of office; to provide for all procedures in connection therewith; 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 the charter of Pelham, so as to provide for a system of public schools, approved December 12, 1901 (Ga. L. 1901, p. 611), as amended, particularly by an Act Approved February 6, 1964 (Ga. L. 1964, p. 2072), is hereby amended by striking from section 1 the following: There is hereby created in lieu of the present board of education for the City of Pelham provided for by municipal ordinance a board of education to be composed of seven members to be elected as hereinafter provided, and the mayor of the City of Pelham as an ex officio member who shall be entitled and empowered to exercise all of the incidents of membership on the board. The present members of the board of education for the City of Pelham shall constitute the new board of education created by this Act, and each member shall serve out the unexpired portion of his respective term of office. On the second Tuesday of November, 1964, there shall be held an election to fill those vacancies occurring on the board in 1965. Those candidates elected to the board therein shall serve for a term of office of three years and until their successors are duly elected and qualified. On the second Tuesday in November, 1965, there shall be held an election to fill vacancies which occur

Page 2018

on the board in 1966. Those candidates elected to the board therein shall serve for a term of office of four years and until their successors are duly elected and qualified. Thereafter those members elected to the board in all subsequent elections shall serve for a term of office of four years and until their successors are duly elected and qualified., and inserting in lieu thereof the following: There is hereby created in lieu of the present Board of Education for the City of Pelham a new Board of Education to be composed of six members to be elected as hereinafter provided and the Mayor of the City of Pelham as an ex officio member. The Mayor shall be entitled and empowered to exercise all of the incidents of membership of the Board. The present members of the Board of Education for the City of Pelham shall constitute the new Board of Education created by this Act, and each member thereof shall serve out the unexpired portion of his respective term of office. All future elections for members of the Board of Education of the City of Pelham shall be held and conducted on a City of Pelham ward basis, and each member shall be elected by the majority of the citizens of the City of Pelham voting in said election. On the second Tuesday of November, 1971, an election shall be held to fill those vacancies occurring on the Board in 1972 from wards 2, 4 and 5. On the second Tuesday of November, 1973, an election shall be held to fill those vacancies occurring on the Board in 1974 from wards 1 and 3 and for the election of one member from the City at large. All candidates elected to the Board in each of the above prescribed elections, and all subsequent elections, shall serve for a term of office of four years and until their respective successors are duly elected and qualified., Election. so that when so amended section 1 shall read as follows: Section 1. There is hereby created in lieu of the present Board of Education for the City of Pelham a new Board of Education to be composed of six members to be elected as hereinafter provided and the Mayor of the City of Pelham as an ex officio member. The Mayor shall be entitled and empowered to exercise all of the incidents of membership

Page 2019

of the Board. The present members of the Board of Education for the City of Pelham shall constitute the new Board of Education created by this Act, and each member thereof shall serve out the unexpired portion of his respective term of office. All future elections for members of the Board of Education of the City of Pelham shall be held and conducted on a City of Pelham ward basis, and each member shall be elected by the majority of the citizens of the City of Pelham voting in said election. New Board of Education created. Mayor ex officio member. On the second Tuesday of November, 1971, an election shall be held to fill those vacancies occurring on the Board in 1972 from wards 2, 4 and 5. On the second Tuesday of November, 1973, an election shall be held to fill those vacancies occurring on the Board in 1974 from wards 1 and 3 and for the election of one member from the City at large. All candidates elected to the Board in each of the above prescribed elections, and all subsequent elections, shall serve for a term of office of four years and until their respective successors are duly elected and qualified. Election. Terms. The Board of Education of the City of Pelham is authorized to incur temporary indebtedness not to exceed seventy-five percent of the total, gross revenue collected by the City for the Board for the immediate preceding fiscal year from taxes collected for educational purposes. Temporary indebtedness. The new Board of Education of the City of Pelham created herein shall succeed to all property rights, choses in action, rights, duties, obligations and liabilities, and exercise all the powers formerly possessed by the Board of Education of the City of Pelham. Succession of rights. Section 2 . Not less than 1 nor more than 5 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 Pelham to issue the call for an election for the purpose of submitting this Act to the voters of said City for approval or rejection. Said governing authority shall set the date of such election for a date not less than 30 nor more than 45 days following the date of the issuance of the call for said election. The governing

Page 2020

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 Mitchell County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act creating a new Board of Education for the City of Pelham, providing for a new Board of Education for the school system of the City of Pelham, and for other purposes be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Pelham. 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. 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 1971 Session of the General Assembly a bill to amend an Act amending the charter of Pelham and providing for a system of public schools, approved December 12, 1901 (Ga. L. 1901, p. 611), as amended, particularly by an Act approved February 6, 1964 (Ga. L. 1964, p. 2072), so as to change the method of electing the Board of Education; to provide for a referendum; to repeal conflicting laws; and for other purposes. This 6th day of January, 1971. Marcus E. Collins, Representative, 62nd District

Page 2021

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marcus E. Collins who, on oath, deposes and says that he is Representative from the 62nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Camilla Enterprise which is the official organ of Mitchell County, on the following dates: January 8, 15 and 22, 1971. /s/ Marcus E. Collins Representative, 62nd District Sworn to and subscribed before me, this 15th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires, Dec. 16, 1974. (Seal). Approved March 11, 1971. TURNER COUNTYAMENDMENT OF ACT PLACING SHERIFF ON SALARY, ETC. No. 24 (House Bill No. 769). 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 employment of a secretary for the sheriff's office; to provide for arbitration; 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 placing the sheriff of Turner County upon an annual salary, approved February 17, 1965 (Ga.

Page 2022

L. 1965, p. 2029), is hereby amended by adding between sections 5 and 6 a new section to read as follows: Section 5A. The sheriff of Turner County, Georgia, shall have the sole power and authority to appoint any qualified person of his choosing to act as secretary for the sheriff's office at compensation to be determined by the sheriff and governing body of said county or by arbitration as provided herein. Appointment of secretary. Section 2 . Said Act is further amended by adding between sections 9 and 10 a new section to read as follows: Section 9A. If at any time, the sheriff and the governing body of said county shall fail to reach an agreement as to any matter concerning the payment of any salaries or expenses of operating and maintaining the sheriff's office, then the matter shall be submitted to arbitration within five days after the request of the sheriff has been submitted to the governing body of said county and they have acted adversely to the sheriff's recommendations or have failed to take any action thereon. Each party shall select one arbitrator who, within 10 days after selection, shall appoint a third arbitrator. The arbitrators shall be freeholders of said county and shall render their decision within 10 days from the naming of the third arbitrator. The arbitrators shall file their decision in writing with the sheriff and governing body, and their decision shall be binding on all parties. Should the two arbitrators as named herein fail to name a third arbitrator within said 10 day period, this fact shall be made known by either party to the presiding Judge of the Superior Court of Turner County, who shall then name the third arbitrator within 5 days after the request has been filed with him. Disagreements arbitrated. Decision of arbitrators. Section 3 . Not less than 5 nor more than 10 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 Turner County to issue the call for an election for the purpose of submitting this Act to the voters of said county for approval or rejection. The Ordinary shall set the date of such election for a day not less than 30

Page 2023

nor more than 40 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 Turner County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act providing for a secretary to the sheriff of Turner County and providing a procedure for the arbitration of certain fiscal disputes between the sheriff and the governing authority of Turner County be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Turner 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 Intent to Introduce Local Iegislation. Notice is hereby given of the intention to introduce a bill in the 1971 session of the General Assembly of Georgia, as follows: An Act to amend an Act abolishing the fee system for compensation of the Sheriff of Turner County, Georgia, and to provide in lieu thereof an annual salary, and for other purposes, approved February 17, 1965 (Ga. L. 1965, p.

Page 2024

2029) so as to provide for the employment of a secretary for the sheriff's office, to provide for arbitration, and for other purposes. This the 29th day of Jan., 1971. A.B.C. Dorminy, Jr. Representative, 48th District of Georgia Ted Hudson Representative, 48th District of Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. B. C. Dorminy 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 Wiregrass Farmer which is the official organ of Turner County, on the following dates: February 4, 11 and 18, 1971. /s/ A. B. C. Dorminy Representative, 48th District Sworn to and subscribed before me, this 18th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 11, 1971.

Page 2025

CITY OF TIFTONCHARTER AMENDED. No. 27 (House Bill No. 947). 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, so as to provide that absentee ballots be provided in all municipal elections; to change the qualifications of the City Manager; to provide for the establishing of a Purchasing Department and to set forth the powers and duties of the Supervisor of Purchases; 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, 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. Absentee ballots shall be provided in all municipal elections and on the night following all elections hereunder; the Manager thereof shall file a written report of the results thereof with the City Clerk showing the number of votes cast and for whom. Upon the filing of said report, the Mayor and Commissioners, at their next regular meeting thereafter, shall declare the result of such election and such declaration shall be entered of record by the City Clerk on the minutes of said meeting. Absentee ballots. Election results. 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 City Commission thus elected and organized shall be strictly a legislative body. Said Commission shall pass all the ordinances for the government of the City, fix the tax rate, license fees and do and perform all necessary work of a legislative character for the successful government of the City. No City equipment shall be traded or sold unless the approval of the City Commission is first obtained. City Commission as legislative body.

Page 2026

Section 3 . 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. Immediately after organization or as soon thereafter as possible, said Commission shall elect a City Manager and fix his salary, which shall not be more than seventeen thousand five hundred dollars ($17,500.00) per annum. Said City Manager shall be a graduate of an accredited high school but need not be a resident of 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 at the will of 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. The City Manager shall receive no other compensation for his services as such except for the above specified salary. However, he shall be reimbursed for actual expenses incurred in connection with the official duties of his office upon presentation of properly documented itemized expense bills. City manager. Qualifications. Removal. Expenses. Section 4 . 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 City Manager may appoint a City Clerk, who shall attend all meetings of the Commissioners and shall act as Secretary of the body, a Recorder and Chief of Police, and such other members of the police force as will, in his judgment, be necessary, both regular and special. He may appoint a Chief of the Fire Department and such other members of the Fire Department as may, in his judgment, be necessary. He may appoint a Street Superintendent; a Board of Health, to consist of as many members as in his judgment may be necessary; a Sanitary Inspector; and Auditor; a City Physician and all other officers, subordinates and employees, that in his judgment may be necessary for the proper administration of the City Government.

Page 2027

It shall be his duty to enforce all ordinances, rules and regulations passed by the Commission. On the first Wednesday in March of each year, the City Manager shall submit the names of all proposed employees of the City, together with the salary to be paid to each, to the City Commission for confirmation, and until confirmed, no person shall receive compensation for any services rendered to the City. He shall make all contracts for City lighting, street work, sewerage, sanitary work, paving, or any other needful thing to be done for or in behalf of the City. Said City Manager shall be engaged in no other sort or kind of business, but shall devote his time and attention exclusively to the management of the affairs of the City. He shall, when in his judgment it is necessary, employ a suitable engineer to make surveys, estimates, or to lay out and construct any work or enterprise for the City. He shall keep an office in some convenient place, and his office shall be open during business hours every day, except Sundays and legal holidays, and shall employ in said office such force as may be necessary in his judgment to properly handle the City's business. He shall prepare and submit an operational report monthly to the City Commission. He shall make a complete audit each year of the books of the City. City clerk. Duties. Other employees. Submission of names. Confirmation. Contracts. Office. Reports and audit. Section 5 . Said Act is further amended by adding a new section, immediately following section 14, to be designated section 14A, to read as follows: Section 14A. The City of Tifton shall have a Purchasing Department to be headed by a Supervisor of Purchases who is to make any and all purchases for the City. He shall receive oral bids on any and all items costing not more than $100.00; he is to receive written bids on any and all items costing from $100.00 to $500.00; he is to receive written bids on any and all items costing from $500.00 up and such written bids are to be brought before the City Commission to be opened, and such bids will only be acted upon and purchases made by the Purchasing Agent from such bids upon the direction of the City Commission. The Supervisor of Purchases is required to give a purchase order to any department head wishing to make purchases; if any department head violates this and does not get a purchase order

Page 2028

and makes a purchase without same and without the approval of the Supervisor of Purchases, the first time this occurs he will be called in by the City Manager and reprimanded; any department head violating this a second time will be discharged. Purchasing Department. Bids. Violation by department head. 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 1971 session of the General Assembly of Georgia, a bill to amend the Charter of the City of Tifton; to change the compensation of the City Manager; to provide for absentee ballots; to change the procedures relative to purchasing; and for other purposes. This 10th day of Feb., 1971. Henry Bostick Representative, 63rd District 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: February 13, 20 and 27, 1971. /s/ Henry Bostick Representative, 63rd District Sworn to and subscribed before me, this 2nd day of March, 1971. /s/ Genevieve McKinney Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 11, 1971.

Page 2029

HEARD COUNTYCOMMISSIONER'S OFFICEREFERENDUM. No. 36 (House Bill No. 675). An Act to create the office of Commissioner of Heard County; to provide for his qualifications; to provide for his election, bond and oath; to provide for filling a vacancy in office; to provide for compensation; to provide for a clerk; to provide for an attorney; to provide for a superintendent of roads and bridges; to provide powers and duties of the commissioner, clerk, attorney and superintendent of roads and bridges; to provide for auditing of books; to provide procedure for bids; to provide for a budget; to provide for specific repeal; to provide effective dates; 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 the office of Commissioner of Heard County to be administered by one person, elected as herein prescribed, who shall be known as the Commissioner of Heard County. Creation. Section 2 . The Commissioner of Heard County shall be elected by the voters of Heard County qualified to vote for members of the General Assembly at the general election held for members of the General Assembly in the year 1972, and the person so elected shall take office on January 1, 1973. The term of the Commissioner shall be for four years, and the person initially elected as Commissioner of Heard County shall take office on January 1, 1973 for a term of four years, and shall be re-elected, or his successor elected, at the general election held for members of the General Assembly thereafter, every four years. Each commissioner thus elected shall serve until his successor is elected and duly qualified. Election. Term of office. Section 3 . In the event a vacancy in the office of Commissioner of Heard County shall occur by reason of death, resignation, or any cause other than expiration of the term

Page 2030

of office within less than six months of the date of expiration of the term of office, the Judge of the Superior Court of Heard County shall appoint a person to fill such vacancy, and the person so appointed shall hold office for the remainder of the term, or until his successor is elected and qualified, as herein provided. In the event such vacancy occurs in the office more than six months prior to expiration of the term of office, such vacancy shall be filled by a special election, and the person so elected shall hold office for the remainder of said unexpired term, and until his successor is elected and qualified. The special election for the unexpired term shall be called by the Ordinary of Heard County within ten days after such vacancy occurs and such special election shall be held by the Ordinary of Heard County not less than 30 days nor more than 45 days after the date of the call of such election, the expense of any such special election to be paid out of the general funds of Heard County. Vacancies. Special election. Section 4 . Any person in order to be eligible to qualify as Commissioner of Heard County must at the time of qualification for election be at least twenty-five years of age, must have resided in Heard County for four years immediately preceding the term for which he is elected, must be of good, moral character and have at least a high school education, or an equivalent thereto, must have had some practical business experience, and the person so elected must reside in Heard County, Georgia during his term in office. Qualifications. Section 5 . Before entering upon the discharge of his duties, the Commissioner shall subscribe to and take an oath before the Ordinary of said county, or in the event of his absence or inability to serve, before the Clerk of Superior Court of said county, to discharge honestly and faithfully all the duties of the office of Commissioner of Heard County according to the laws and the Constitution of the State of Georgia, which oath shall be entered upon and become a part of the minutes of the office of Commissioner of Heard County, Georgia; and additionally, the Commissioner shall give bond in the sum of fifty thousand dollars with a surety company authorized to do business in

Page 2031

Georgia as surety, which bond shall be payable to and shall be filed with the Ordinary of Heard County for the use and benefit of Heard County. Such bond shall be conditioned upon the satisfactory and faithful performance by the Commissioner of the duties of his office and a true accounting of all monies, property and effects of said county coming into his custody, possession or control. The premium for such bond shall be paid from the general funds of Heard County. Oath. Bond. Section 6 . The Commissioner of Heard County shall have, and he is hereby vested with, exclusive jurisdiction and control over the following county matters: Jurisdiction and control. (a) In directing, controlling and caring for all property of the County; (b) In levying all general and special taxes for County purposes, according to law; (c) In establishing, altering, building, repairing, layingout, opening, abolishing, or closing roads, bridges and ferries in said County and to remove obstructions therefrom; (d) In examining and auditing the accounts of all officers having the care, management, keeping, collection and disbursement of any money belonging to the county, or for its use or benefit and in bringing such accounts to a speedy settlement and to examine and audit the books and records of the county depository and the officers of Heard County through whose hands funds may pass, or to authorize such audit to be done by a clerk or auditor designated by the Commissioner, to require from all such officers and depositories such reports as may be necessary to keep the Commissioner fully informed at all times of the financial condition of the county; (e) To make such rules, regulations and provisions for the support of the poor of the county and for the preservation and promotion of the public health for the county with authority to quarantine against contagious diseases and epidemics;

Page 2032

(f) In regulating and licensing the practice of occupations in Heard County as provided by the General Laws of the State of Georgia now in force or which may be hereafter enacted. (g) To select, hire, appoint, fire or discharge all minor officials or employees of said county, and to adopt such rules and regulations as he may deem best for such minor officials or employees of said county whose election or appointment is not otherwise provided by law; (h) To enter into contracts for and on behalf of said county, as hereinafter set forth; (i) To levy and collect special taxes for purpose of erecting and maintaining hospital buildings, or for matching State or federal funds for erecting or maintaining hospital buildings; (j) To generally have and exercise all the powers which are conferred upon county commissioners by the Constitution and laws of Georgia. Section 7 . The Commissioner shall keep and maintain a set of books and records reflecting the receipts and disbursements of the Office of Commissioner of Heard County, which books and records shall be open to the public and subject to inspection during business hours. It shall further be the duty of the Commissioner to have an annual audit made of the financial condition of the office of Commissioner of Heard County by an independent certified public accounting firm, and a certified copy of such audit shall be presented annually to the first grand jury convening after the date of such audit. A summary of such audit shall be published in the official organ of Heard County before the same is presented to the grand jury. Records. Audit. Section 8 . The Commissioner shall devote his full time to the office of Commissioner of Heard County, Georgia and shall faithfully, honestly, and diligently apply himself to conducting the business and financial affairs of Heard County for which he shall be compensated in the amount of

Page 2033

nine thousand five hundred dollars per year, such sum to be paid in equal monthly installments from the funds of Heard County. A vehicle, belonging to the county, shall be furnished to the Commissioner, such vehicle to be used for county governmental purposes only, and the cost of gas, oil, repairs and maintenance shall be paid from the funds of Heard County. Vehicle furnished. Section 9 . The Commissioner is authorized to employ a clerk, and fix the compensation therefor, such clerk to be paid in monthly, or more frequent, installments from the funds of Heard County, as the Commissioner may direct. 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 and functions as the Commissioner may prescribe. The Commissioner shall require from the clerk a good and sufficient bond for the faithful performance of the duties of the clerk, such bond to be payable to the Ordinary of Heard County. Clerk. Compensation. Duties. Bond. The clerk shall hold office at the pleasure of the Commissioner. Section 10 . The Commissioner is further authorized to employ a superintedent of roads and bridges and fix the compensation therefor, to be paid in monthly or more installments from the funds of Heard County, as the Commissioner may direct. The superintendent shall have supervision of the construction of all roads and bridges in the county, and the maintenance and upkeep thereof. He shall have supervision of public works forces of said county under the direction of the Commissioner and shall hold office at the pleasure of the Commissioner. Supt. of Roads and Bridges. Salary. Duties. Section 11 . All purchases by the county of supplies, equipment and material in amounts in excess of three hundred dollars shall be made upon sealed competitive bids, submitted to and received by the Commissioner, and to this end it shall be the duty of the Commissioner to prepare an estimate of the county's needs and requirements at least

Page 2034

annually, or more frequently, should the Commissioner deem it necessary, and to publish such estimate in the official organ of Heard County, and to pay on behalf of the county the legal rates of advertisement for such publication. The estimate of requirements shall be divided into commodity divisions, and bids shall be requested thereon. Such advertisements shall state the date and place of the opening of the bids, and all bids shall be received under seal and the bids thus received under seal shall not be opened until the specified time and place. At the time and place fixed, the bids so received shall be opened, and the bids shall thereafter be retained as a part of the records of the office of Commissioner of Heard County for a period of two years for public inspection. The supplies, equipment and material used by the county shall be purchased from the lowest bidder thus determined, except that the Commissioner is hereby authorized in his discretion to reject any or all bids if he shall determine that the lowest bid is too high or is higher than the price paid for the same or similar items in surrounding counties. Provided, however, that if because of emergency or unforeseen causes, it shall become imperative to repair any road or equipment or trucks, the Commissioner is authorized to expend not more than two hundred fifty dollars to repair any such truck, and to spend not more than one thousand dollars to repair any item of heavy road equipment, without advertising for bids, and such repair work shall be done only upon the express approval of the Commissioner. Competitive bids. Emergency needs. Section 12 . The Commissioner shall have authority to employ a competent attorney at law to advise the Commissioner and represent the county in any litigation which may arise to which the county is a party. The Commissioner shall pay said county attorney a reasonable sum for his services and may, whenever it is deemed necessary, employ additional counsel to assist the county attorney. Attorney. Fees. Section 13 . At least annually, prior to the commencement of the fiscal year, the Commissioner shall prepare a budget for the county, which budget shall show the anticipated income and anticipated disbursements of the county for the succeeding fiscal year. The said budget shall be published in the official organ of Heard County. Budget.

Page 2035

Section 14 . All contracts entered into by the Commissioner on behalf of the county shall be in writing and shall be entered upon the minute books of the Commissioner by the clerk, provided, however, that in all instances contracts executed by the Commissioner on behalf of the county shall at all times comply with the provisions of Chapter 23-17 of the Georgia Code Ann. (1933) and all laws amendatory thereof. Contracts. Section 15 . Should any court of this State declare any section, part, paragraph or clause of this Act unconstitutional and invalid for any cause or reason, then such decision shall affect only that section, part, paragraph or clause so declared to be unconstitutional or invalid, and shall not affect any other section, part, paragraph or clause of this Act. Severability. Section 16 . 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 Heard County to issue the call for an election for the purpose of submitting this Act to the voters of said 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 of such election in the official organ of Heard County. The ballot for such election shall have written or printed thereon the words: YES () NO () Shall the Act abolishing the Board of Commissioners of Heard County and creating the one-man office of Commissioner of Heard County be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election

Page 2036

shall be borne by Heard 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 17 . This section and section 16 shall become effective upon approval of this Act by the Governor or upon its becoming law without his approval. If the Act is approved in the referendum as provided herein, section 2 shall become effective upon such approval. The remaining provisions of the Act shall become effective at the time the Commissioner of Heard County takes office as provided in section 2. The Board of Commissioners of Heard County shall continue in existence until that time. The provisions of law relating to said Board shall remain effective until that time, except that no further members of that Board shall be elected. Said Board shall stand abolished at that time. Effective date. Section 18 . An Act creating the Board of Commissioners of Heard County, approved March 27, 1941 (Ga. L. 1941, p. 864), as amended by an Act approved February 13, 1956 (Ga. L. 1956, p. 2346), an Act approved March 15, 1957 (Ga. L. 1957, p. 3341), an Act approved March 3, 1965 (Ga. L. 1965, p. 2113), and an Act approved February 27, 1969 (Ga. L. 1969, p. 2120), is hereby repealed and all of said amendatory Acts are likewise repealed. Section 19 . 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 1971, session of the General Assembly of Georgia a bill calling for a referendum. The purpose of this referendum is for the people of

Page 2037

Heard County to vote on a one man Commissioner of Roads and Revenue. To repeal conflicting laws and for other purposes. State of 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 January 1st, 8th, 15th, and 22nd of 1971. /s/ Berrien T. McCutchen Publisher Sworn to and subscribed before me, this 30th day of January, 1971. /s/ Talmadge Davis, Clerk, Heard Superior Court. (Seal). Approved March 12, 1971. CITY OF BAXLEYCHARTER AMENDMENTREFERENDUM. No. 37 (House Bill No. 730). An Act to amend an Act providing for a new charter for the City of Baxley, approved August 21, 1911 (Ga. L. 1911, p. 700), as amended, so as to provide for the election of the Mayor by the voters of the City of Baxley; to provide that the municipal government shall be vested in a Mayor and six Councilmen; to provide for a term of office of the Mayor; to provide that the Mayor shall have the power of veto; to provide for overriding the Mayor's veto; to provide for oaths; to provide for all

Page 2038

matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for a new charter for the City of Baxley, approved August 21, 1911 (Ga. L. 1911, p. 700), as amended, is hereby amended by striking section 3 in its entirety and substituting in lieu thereof a new section 3, to read as follows: Section 3. The municipal government shall be vested in a Mayor and six councilmen. The six councilmen shall be elected to three-year, staggered terms as provided in section 3A, below. The Mayor shall hold a term of office of two years as hereinafter provided. Said elections shall be held on the second Tuesday of December, 1971, and each second Tuesday of December thereafter. Mayor and councilmen. Term of mayor. Elections. Section 2 . Said Act is further amended by striking section 3(a) in its entirety and inserting in lieu thereof a new section, to be known as section 3A, to read as follows: Section 3A. On the second Tuesday in December, 1971, an election shall be held for the Mayor of the City of Baxley and two members of the City Council. The Mayor so elected shall hold a term of office of two years and until his successor is duly elected and qualified. The Councilmen so elected shall hold a term of office of three years and until their successors are duly elected and qualified. Thereafter all members of the City Council shall be elected, and shall hold a term of office of three years, and until their respective successors are duly elected and qualified. Nothing contained herein shall affect the term of office of any member of the City Council in office on the effective date of this Act. Said members shall continue in office until the expiration of their respective terms of office. The terms of office for the Mayor and each of the six members of the City Council shall commence on the first Monday in January following their election and shall continue until their respective successors in office have been duly elected and qualified; provided, however, that the first Mayor elected

Page 2039

by the voters of the City under the provisiosn of this Act shall take office upon the expiration of the term of office of the Mayor in office on July 1, 1971. Two members of the City Council shall be elected at the City election in each year to fill the positions on said Council of the members whose terms of office expire on the first Monday in January following such election. Election. Terms. Section 3 . Said Act is further amended by striking section 3(b) in its entirety and inserting in lieu thereof a new section, to be known as section 3B, to read as follows: Section 3B. The Mayor of the City of Baxley shall be elected by the voters of said City. He shall be so elected for a term of two years and until his successor is duly elected and qualified. In the case of a vacancy in the office of Mayor for any reason, said vacancy shall be filled by election of the City Council at any regular meeting if there is less than one year remaining of the term of office of the Mayor whose office has been vacated. Any person so elected by the City Council to fill a vacancy in the office of Mayor shall serve for the unexpired term of the Mayor. If there is more than one year remaining of the unexpired term of office of the Mayor whose office is vacated, the City Council shall call an election to fill the unexpired term of office of the Mayor, and such election shall be called and conducted under the same provisions applicable to an election for the purpose of filling of vacancies in the office of Councilmen, as provided in section 15. The City Council may declare the office of Mayor vacant provided that a written resolution declaring the office of Mayor vacant, signed by at least three members of the City Council, is presented to the City Council at a regular meeting, and, upon being brought up for vote at the next regular meeting of the Council, receives the favorable vote of at least four members at such second meeting. Mayor. Term. Vacancy. It shall be the duty of the Mayor to preside at all meetings of the City Council; to see that all proceedings are conducted in a parliamentary manner; to preserve order and decorum at all meetings of the Council, whether regular or called, and to that end the Mayor is hereby authorized

Page 2040

to punish any person guilty of contempt before the City Council by imposing such penalty as may be authorized for the violation of the municipal ordinances, and to require the police of said City to enforce same. The Mayor shall, for and on behalf of the City, sign any and all deeds and contracts when authorized and directed to do so by resolution duly adopted by the City Council and appearing on the minutes of meetings of that body. Any and all deeds and contracts so signed by the Mayor shall be binding on the City of Baxley. The Mayor shall give notice of all public elections held in and for the City of Baxley, for any office of the City, by publishing a notice of the time and place of the election in a newspaper published in said City, once in the week immediately preceding the week in which the election is to be held. The Mayor shall have the authority to convene the Council in extra sessions as he may deem proper for the conduct of business for the City. The Mayor shall be recognized as the head of the City government for all ceremonial purposes and by the Governor of the State of Georgia for purposes of military law. The Mayor shall have such other duties and powers as the City Council may provide, in a regular meeting, by resolution from time to time, so long as such duties and powers are not inconsistent with the provisions of the City charter. The Mayor shall not vote on questions before the Council except in the case of ties, in which case the Mayor shall cast the deciding vote. The Mayor shall have the right of veto, but any veto exercised by the Mayor may be overridden by a two-thirds vote of the City Council. The Mayor shall take substantially the same oath of office as that provided in section 7 for members of the City Council. Duties. Powers and duties. Veto. 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 1971 session of the General Assembly of Georgia, a bill to provide for the election of the Mayor of the City of Baxley; to provide that the municipal government shall be vested in a Mayor and six Councilmen; to provide

Page 2041

for a term of office of the Mayor; to provide that the Mayor shall have the power of veto; to provide for overriding the Mayor's veto; to provide for oaths; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes. This 29th day of January, 1971. L. Jack Strickland Representative, 56th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. Jack Strickland 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 The Baxley News-Banner which is the official organ of Appling County, on the following dates: February 4, 11 and 18, 1971. /s/ L. Jack Strickland Representative, 56th District Sworn to and subscribed before me, this 22 day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires, Dec. 16, 1974. (Seal). Approved March 12, 1971.

Page 2042

ATHENS-CLARKE COUNTY CHARTER COMMISSIONREFERENDUM. No. 38 (House Bill No. 844). An Act to create the Athens-Clarke 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 Athens and Clarke County; to provide that said Commission shall be authorized to study all matters relating to the governments of the City of Athens and Clarke County and all matters relating to the establishment of a single countywide government with powers and jurisdiction throughout the territorial limits of Clarke County; to provide for the powers of said Commission relating to drafting a proposed countywide government charter; to provide for the submission of such proposed countywide government charter to the qualified voters of Clarke 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 Athens-Clarke 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 1966 and set forth in Ga. L. 1966, p. 1050.

Page 2043

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) Athens or City of Athens or governing authority of the City of Athens shall mean the Mayor and Council of the City of Athens. Definitions. (b) Governing authority of Clarke County shall mean the Board of Commissioners of Clarke County. (c) Charter Commission or Commission shall mean the Athens-Clarke County Charter Commission provided for in this Act. Section 3 . (a) There is hereby created the Athens-Clarke County Charter Commission, which shall consist of sixteen (16) members who shall be appointed as hereinafter provided. The Mayor of the City of Athens shall appoint three (3) members. Five members shall be appointed by the City Council of the City of Athens. Eight members shall be appointed by the governing authority of Clarke County. Commission created. Membership. (b) The members of the Charter Commission shall be representative of the entire community of Athens and Clarke County, and may reside anywhere within the territorial limits of Clarke County, but no member of said Charter Commission shall hold any public office, whether elective or appointive. If a vacancy should occur on said Commission for any reason, the appointing authority shall promptly fill the same. Except for the election of a permanent Chairman, as provided in subsection (a) of section 4, nine (9) members of said Commission shall constitute a quorum for the transaction of business. Eligibility. Quorum. Section 4 . (a) The Charter Commission shall hold an organizational meeting within twenty-one (21) days after the approval of this Act by the Governor or its otherwise becoming law. The Mayor of the City of Athens and the Chairman of the Board of Commissioners of Clarke County shall call such organizational meeting and shall designate one of the members of the Commission as temporary Chairman

Page 2044

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 Athens and the Chairman of the Board of Commissioners of Clarke County shall designate the date, time and place that said organizational meeting shall be held. Organizational meeting. Permanent chairman. (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 Athens and Clarke County and in drafting a charter for a single countywide government in the event said Charter Commission determines that such single countywide government shall be created as hereinafter provided. Said Charter Commission shall not employ any person to assist it in making its studies and drafting a countywide government charter, as herein provided, who holds any public office where the holder of such public office is elected by the people. Secretary. Staff. (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 Athens and the governing authority of Clarke 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

Page 2045

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. Expense reimbursement. Salaries of staff. Use of public funds. Section 5 . The Athens-Clarke County Charter Commission shall be authorized to study all matters relating to the governments of the City of Athens and Clarke County and all matters relating to the establishment of a single countywide government with powers and jurisdiction throughout the territorial limits of Clarke County. Said Charter Commission shall make such recommendations, at the time provided for hereinafter, to the governing authorities of the City of Athens and Clarke County concerning any changes in the governments of the City of Athens and Clarke County which the studies of said Charter Commission indicate are necessary or desirable. Said Charter Commission shall be further authorized, if its studies so indicate, to draft a charter creating a single countywide government, which government may supersede and replace the existing governments of the City of Athens and Clarke County and may also supersede and replace any public authorities and special service districts located and operating within Clarke County. Matters of study. Recommendation. Draft of charter authorized. Section 6 . (a) In the event said Charter Commission determines that a charter should be drafted to create a single countywide government, as provided in section 5, said Charter Commission shall be authorized to draft a proposed charter creating such countywide government which shall be submitted to the qualified voters of Athens and Clarke County as hereinafter provided. Referendum. (b) In the event said Charter Commission determines that such single countywide government charter should be drafted, the General Assembly hereby delegates its powers to said Charter Commission to draft a proposed countywide

Page 2046

government charter which may include any provisions necessary to effectuate the purposes thereof. To that end and without limiting the generality of the foregoing, the General Assembly hereby authorizes said Charter Commission to draft a proposed charter which may provide for any one or more, or a combination, of the following; provided, that where it is indicated that the inclusion of a particular item is mandatory, the same shall be complied with by the Charter Commission: Delegation of power. 1. For the abolishment of the existing governments of the City of Athens and Clarke County and for the creation of a new single government having all powers formerly exercised by the City of Athens and Clarke County, and having such other powers as may be necessary or desirable including such rights, powers, duties and liabilities as are now or may hereafter be vested in municipalities or counties, or both, by the Constitution of Georgia or by other provision of law; the form and composition of said new government to be as said charter shall provide. Provisions of proposed charter. 2. For the new countywide government to continue to be eligible to have, hold, enjoy and be entitled to any assistance, credits, benefits, monies, grants, grants in aid, funds, loans, aid, appropriations and matching funds to the same extent that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the State of Georgia or by other provisions of law or under any present or future State or Federal programs. 3. For the abolishment of any city and county courts, juvenile courts, and any other courts including courts created in lieu of constitutional courts, presently existing in the City of Athens and Clarke County, except the superior court and court of ordinary, and for the creation of one or more new courts having the jurisdiction and powers of the former courts in such manner as said charter shall provide. 4. For the abolishment of any public authorities and special service districts located within Clarke County

Page 2047

whether created by law or by provisions of the Constitution of Georgia, and for the transfer of all powers, duties and obligations of such authorities and districts to the new countywide government in such manner as said charter shall provide. 5. For the abolishment of any one or more public offices, including coroner, county surveyor, tax collector, tax receiver, and county treasurer, or positions of public employment of the City of Athens and Clarke County, and any public authorities or special service districts located and operating within Clarke County; and as further cumulative of its powers to provide for administrative division or changes with reference to the duties and responsibilities of any other public office or official as said Commission shall deem necessary for the efficient functioning thereof. 6. For the creation of the governing authority of the single countywide government including the number of members of said governing authority, their powers, duties, terms of office, manner and time of election or appointment, compensation, method of removal, and all other matters incidental or necessary to the creation of said countywide governing authority. 7. For the creation of the various departments, boards, bureaus, offices, commissions and positions of public employment of said countywide government and all other matters necessary or incidental thereto. 8. It shall be mandatory for said charter to provide for (a) the creation and selection of a Personnel Board of not less than three (3) members charged with hiring, firing, suspension, and promotion of employees in classified service as defined therein, which shall include the police and fire departments; and (b) an Appeals Board of not less than three (3) members to be selected and to hear such appeals from decisions of the Personnel Board as may be provided by the charter. However, said charter may provide for employees in the non-classified service as defined therein who may or

Page 2048

may not be included under the jurisdiction of said Personnel Board as provided for by the charter. 9. For the creation of two or more taxing districts whereby taxes shall be assessed, levied and collected by said countywide government in accordance with the kind, character, type and degree of services provided by said government within said taxing districts, and the rate and manner of taxation may vary in any one district from that in another or other districts, and provide that the powers, authority, duties, liabilities and functions of any such new governing authority so created may vary from district to district. Said taxing districts shall reflect the services received and the governing authority shall continue to revise districts as conditions may require in its judgment. 10. For the assumption by said countywide government of all bonded indebtedness and all other obligations of whatever kind of all governmental units, public authorities and special service districts which are consolidated by said charter and a method by whch said countywide government shall assume the payment of any obligations issued under the Revenue Bond Law. 11. For the transfer to said countywide government of assets, contracts and franchises of all governmental units, and any public authorities and special service districts which have consolidated or merged with said countywide government. 12. The purposes for which said countywide government or governing authority or any agency thereof may levy taxes and the debt limitations applicable to such countywide government or any agency thereof. 13. For the method or methods by which said charter may be amended. 14. To provide for such other provisions in said charter as may seem necessary and needful to it so as to achieve the objectives of consolidation of the governments and

Page 2049

functions of the City of Athens and Clarke County and the creation of a successor government, and the powers herein granted to said Charter Commission by the General Assembly are remedial in nature and shall be liberally construed to effectuate their purpose. 15. 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. 16. Any successor government created and established hereunder shall without the necessity or formality of deed, 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 Athens and Clarke County. Section 7 . During the course of its studies, said Charter Commission shall be required to hold at least four (4) public hearings to determine the sentiment of the citizens of Athens and Clarke County regarding the work of the Charter Commission, and, in the event the Charter Commission drafts a countywide government charter, regarding the proposed provisions of said countywide government charter. One of said public hearings shall be held in the City of Winterville. Said Charter Commission shall cause the date, time and place of such hearings to be advertised in the official organ of Clarke County at least twice during the week immediately preceding the week during which such public hearings are held. Said Charter Commission shall be authorized to hold more than four (4) public hearings if it determines that additional public hearings are desirable, but all public hearings shall be advertised as provided herein. Public hearing. Section 8 . (a) Said Charter Commission shall complete its study and make its recommendations regarding any changes that should be made in the governments of the City of Athens and Clarke County within six (6) months after the date of its initial meeting, or, in the event said

Page 2050

Charter Commission drafts a proposed charter creating a single countywide government, said proposed charter shall be prepared, completed and filed within six (6) months after the date of its initial meeting; provided, however, the time for making such recommendations or 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 Athens and by a similar resolution being duly adopted by the governing authority of Clarke County. Study and recommendations. (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 Athens and with the clerk of the governing authority of Clarke 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. Filing copies. (c) Said Charter Commission shall also furnish or make available to every daily or weekly newspaper published in Clarke County, and to each radio station operating within said county, a complete copy of such recommendations or 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 recommendations or proposed charter. Said Charter Commission shall also cause summaries of such recommendations or proposed charter to be printed in pamphlets or booklets and made available for general distribution throughout the county. Copy to news media. (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. Adoption of rules. Section 9 . (a) In the event said Charter Commission makes recommendations regarding proposed changes in the governments of the City of Athens and Clarke County and

Page 2051

does not draft a proposed charter to create a single countywide government, certified copies of such recommendations, as provided in sub-section (b) of section 8, shall also be submitted to each member of the General Assembly of Georgia whose District is within or whose District includes Clarke County. Copies to members of General Assembly. (b) In the event said Charter Commission drafts a proposed charter to create a single countywide government, a certified copy of such proposed charter, as provided in subsection (b) of section 8 shall also be submitted to the Ordinary of Clarke 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 10. Ordinary to call referendum. (c) Said Charter Commission shall be abolished by a resolution being duly adopted by the governing authority of the City of Athens and by a similar resolution being duly adopted by the governing authority of Clarke County. Abolishment of commission. Section 10 . (a) Not less than 30 nor more than 90 days after receipt of the certified copy of such proposed charter, it shall be the duty of the Ordinary of Clarke County to issue the call for an election for the purpose of submitting said charter to the qualified voters of Clarke County residing within the corporate limits of the City of Athens and to the qualified voters of Clarke County residing outside the corporate limits of the City of Athens for approval or rejection. The Ordinary shall set the date of such election for a day not less than 15 nor more than 60 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 Clarke County. The ballot shall have written or printed thereon the following: For approval of the charter consolidating the governments of the City of Athens and Clarke County and creating a single countywide government to supersede and replace said governments.

Page 2052

Against approval of the charter consolidating the governments of the City of Athens and Clarke County and creating a single countywide government to supersede and replace said governments. Referendum. 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 Clarke County residing within the corporate limits of the City of Athens, and the votes cast on such question by the qualified voters of Clarke County residing outside the corporate limits of the City of Athens shall be counted separately. If more than one-half of the votes cast by the qualified voters of Clarke County residing within the corporate limits of the City of Athens are for approval of said charter, and if more than one-half of the votes cast by the qualified voters of Clarke County residing outside the corporate limits of the City of Athens 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 Athens and Clarke County. (b) The Ordinary of Clarke 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. Holding of referendum. (c) A qualified voter, as used herein, shall be held to mean a voter of Clarke County qualified to vote for members of the General Assembly of Georgia; provided, however, any voter who resides within the corporate limits of the City of Athens and who is qualified to vote in city elections shall be a qualified voter for the purpose of voting

Page 2053

at the election provided for in this section. Qualified voters who reside within the corporate limits of the City of Athens shall vote within the corporate limits of the City of Athens at such place or places designated by the Ordinary, and qualified voters who reside within Clarke County outside the corporate limits of the City of Athens shall vote outside the corporate limits of the City of Athens at such place or places designated by the Ordinary. The Ordinary shall canvass the returns and certify the results of said election as follows: The Ordinary shall certify the votes cast at said election by the qualified voters of Clarke County residing within the corporate limits of the City of Athens and shall certify the votes cast at said election by the qualified voters of Clarke County residing outside the corporate limits of the City of Athens. 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 Athens, 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 Clarke County who shall attach the same to the copy of the charter previously certified to him. Qualified voter defined. Certification of results. Certified copy of charter to Secretary of State. (d) Whenever a charter for the considation of the governments of the City of Athens and Clarke 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 Athens and the certified copy of the charter and proclamation deposited

Page 2054

with the clerk of the governing authority of Clarke County shall subsequently be delivered by them to such officer of the successor government as said charter shall provide. The Officer of said successor 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 admissible as original evidence in a court of law or other 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. Duplicate original copies of charter. Section 11 . In the event the proposed single countywide government charter is ratified by the qualified voters of Clarke County, as provided in section 10, an election shall be held in accordance with the provisions of said charter to elect the members of the governing authority of said countywide government. Upon the election of the members of said countywide governing authority and their taking office as the governing authority of said countywide government, the existing governments of the City of Athens and Clarke County shall stand abolished, all in accordance with the provisions of the charter of said countywide government. Section 12 . In the event any section, sub-section, 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, sub-sections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, sub-section, 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 [Illegible Text] parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 13 . This Act shall take effect upon its approval by the Governor. Effective date.

Page 2055

Section 14 . All laws and parts of laws in conflict with this Act are hereby repealed, including Ga. L. 1967, pp. 2102, et seq. Notice Notice is hereby given that the Mayor and Council of the City of Athens and the Board of Commissioners of Clarke County intend to apply for and seek passage of legislation at the Regular 1971 Session of the General Assembly of Georgia, which would authorize the creation of an Athens-Clarke County Charter Commission or a Charter Commission as provided by said Act with power to study and propose a charter consolidating the governments of the Mayor and Council of the City of Athens and Clarke County; and if a charter is proposed to provide for its submission by referendum to the electors as specified by said Act for approval or rejection at such time as provided by said Act; and for other purposes. This 28 day of December, 1970. The Mayor and Council of the City of Athens By: Julius F. Bishop Mayor Board of Commissioners of Clarke County By: George Bullock Commissioner Georgia, Clarke County. Personally before me, the undersigned attesting officer authorized by law to administer oaths, appeared N. S. Hayden, who, being put upon oath, certifies, deposes and swears that he is the publisher of the Athens Daily News; that the Athens Daily News is the newspaper in which sheriff's advertisements are published in Clarke County, Georgia; and that the foregoing notice of intention to

Page 2056

apply for local legislation was published in the Athens Daily News on January 2, 8, and 15, 1971. /s/ N. S. Hayden Certified, sworn to and subscribed before me, this 27th day of January, 1971. /s/ Frances P. Carter, Notary Public, Clarke County, Georgia. My Commission Expires Aug. 5, 1973. (Seal). Approved March 12, 1971. GLYNN COUNTYSTATE COURT ACT AMENDED. No. 40 (House Bill No. 1005). An Act to amend an Act creating the State Court of Glynn County, approved March 9, 1943 (Ga. L. 1943, p. 702), as amended, particularly by an Act approved April 28, 1969 (Ga. L. 1969, p. 3908), so as to provide for the election of the judge of said court every four years; to provide that the chief deputy clerk of said court shall be appointed by the clerk 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 the State Court of Glynn County, approved March 9, 1943 (Ga. L. 1943, p. 702), as amended, particularly by an Act approved April 28, 1969 (Ga. L. 1969, p. 3908), is hereby amended by striking in its entirety the second paragraph of section 4 and substituting in lieu thereof the following: At the expiration of the term of office of the judge presently serving as such, the judge of said court shall be elected by the electors of Glynn County in the general

Page 2057

election conducted immediately prior to the expiration of said term of office. Thereafter, the judge of said court shall be elected each four years in the general election conducted immediately prior to the expiration of the term of office of the judge. Judge, election. Same, term. The judge of said court shall not engage in the private practice of law while serving as the judge of said court. Same, law practice prohibited. Section 2 . Said Act is further amended by striking from the end of the fourth sentence of section 11 the following: and shall be appointed by the judge and substituting in lieu thereof the following: The chief deputy shall be appointed by the clerk of said court., 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 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. The chief deputy shall be appointed by the clerk of said court. 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

Page 2058

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. Clerk's salary. Chief deputy clerk's salary. Other clerk's salaries. Clerk of sheriff's office. Expenses of sheriff and deputies. 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 1971 session of the General Assembly of Georgia, a bill to change the method of electing the Judge of the State Court of Glynn County; to repeal conflicting laws; and for other purposes. This 5th day of February, 1971. [Illegible Text] Lowell E. Leggett Representative, 67th District /s/ Joe Isenberg Representative, 67th District /s/ Ronald F. Adams Senator, 5th District

Page 2059

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lowell E. Leggett 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 The Brunswick News which is the official organ of Glynn County, on the following dates: February 8, 15 and 22, 1971. /s/ Lowell E. Leggett Representative, 67th District Sworn to and subscribed before me, this 3rd day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 12, 1971. METROPOLITAN AIRPORT AUTHORITIES CREATED IN CERTAIN COUNTIES (190,000-400,000). No. 42 (Senate Bill No. 320). An Act to create Metropolitan Airport Authorities in certain counties of this State; to declare the need for such Airport Authorities; to declare the purposes and objectives of this Act; to define certain terms; to provide for the membership of each such Authority; to provide for the terms of office of members of each such Authority; to provide for the election of officers, quorum, bylaws, procedures and meetings; to provide for compensation of members; to provide for filling vacancies; to provide for the removal of members; to provide for the appointment,

Page 2060

compensation of an executive director, treasurer and other administrative officers and employees of each such Authority; to provide that no member or officer or employee of any such Authority shall have any financial dealings with the Authority; to provide that any member or officer or employee having financial dealings with the Authority shall be subject to removal; to provide for the powers of each Authority; to provide for the execution of contracts, leases and other legal documents; to provide for the issuance and validation of revenue bonds; to provide for the location of each Authority; to provide for the replacement of lost or mutilated bonds; to provide that such bonds may be secured by a trust indenture; to provide for additional powers relative to the issuance of revenue bonds and security for such bonds; to provide for the protection of interest of bondholders; to exempt the bonds and interest therefrom from taxation; to provide that such bonds may be used as lawful deposits of securities for public officers; to provide that the property of the Authority shall be deemed to be public property; to provide for the transfer of airports and related facilities from municipalities and counties to any such Authority; to provide for the transfer of contracts to any such Authority; to provide that conveyances and transfers shall be accomplished so as to protect interest of bondholders and others affected thereby; to provide that airports acquired by any such Authority shall be subject to the control of the Authority; to provide that the powers of any such Authority shall be limited to airports; to provide that the funds of any such Authority shall be used only for airports; to provide for service of process; 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 a Metropolitan Airport Authority in all counties in this State having a population of not less than 190,000 inhabitants or more than 400,000 inhabitants, according to the United States Decennial Census of 1970 or any future such census. The official name of such Authority, individually referred to elsewhere

Page 2061

in this Act as the Authority, shall be the name of the county followed by the words Metropolitan Airport Authority. The Authority hereby created shall be an instrumentality and political subdivision of the State of Georgia and a public corporation. The Authority may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity. The Authority may exercise the powers set out in this Act at any place within the county for which it is created and any contiguous land outside the county which is used for airport purposes as provided herein. Name. Authority, powers. Section 2. Determination of Need for Authorities . It is hereby determined and declared that the present and projected rapid growth in commercial and private air traffic in certain metropolitan areas of the State, the need for adequate airports to safely and efficiently serve the air transportation needs of the State through its metropolitan areas, the need to eliminate airport hazards, the need to raise large amounts of capital for the establishment, operation and maintenance of present and future airports, and the need to coordinate the operation of various airports within certain metropolitan areas requires that airport authorities be established in certain metropolitan areas of the State. It is further determined and declared that the establishment of such authorities is necessary and essential to insure the welfare, safety and convenience of citizens of the entire State and to insure the proper economic development of the entire State. Need. Section 3. Declaration of Purposes . The purposes and objectives of this Act and such Airport Authorities as are created hereunder shall be to meet the needs and requirements recognized in section 2 of this Act through the establishment, maintenance and operation of unified and coordinated airport systems in certain metropolitan areas; to insure the orderly and proper use and growth of public airports; to insure that the maximum public benefit is obtained from the various public airports presently in existence and future airports; to insure proper planning and establishment of airports needed in the future; to insure the maximum participation of this State in national and

Page 2062

international programs of air transportation; to promote public transportation and commerce, and all of this to the end of providing the most effective and economical use of public airports for the public welfare, safety and convenience. Purposes. Section 4. Definitions . As used in this Act, unless the context in which they are used requires otherwise, the following terms shall have the following meanings: Definitions. (a) The term airport means any area of land or water or any structure which is or has been used, or which the Authority may plan to use, for the landing and taking off of commercial, private and military aircraft, including helicopters, and all buildings, equipment, facilities or other property and improvements of any kind of nature located within the bounds of any such land or water area or structure which are or have been used or which the Authority may plan to use for terminal facilities, facilities of any types for the accommodation of passengers, maintenance, servicing and operation of aircraft, business offices and facilities of private businesses and governmental agencies, parking of automobiles, and all other activities which are or have been carried on or which may be necessary or convenient in conjunction with the landing and taking off of commercial, private and military aircraft, and all buildings, equipment, facilities and other property and improvements of any kind or nature located outside the bounds of any such land or water area or structure which is or has been used or which the Authority plans to use for the landing and taking off of commercial, private and military aircraft which are necessary for the safe operation of aircraft. Airport defined. (b) The term airport hazard means any structure, terrain or object of natural growth, or use thereof which obstructs the airspace required for the flight, landing or taking off of aircraft to or from an airport, or any other thing that is hazardous to the flight, landing or taking off of aircraft to or from an airport. Airport hazard defined. (c) The term county means the county for which an

Page 2063

Authority is created pursuant to section 1 of this Act. County defined. Section 5. Members of the Authority . The Authority shall be originally composed of the following seven members: (1) one member shall be the Chairman of the governing authority of the county; (2) six members appointed by the governing body of the county, who may be members of the governing body of the county. Members. Section 6. Terms of Office of Members . The initial appointed members shall be appointed as soon as practicable after this Act becomes law for the following terms and until their successors are appointed: Terms. (a) Two members appointed by the governing authority of the countyfour years each. (b) Two members appointed by the governing authority of the countythree years each. (c) Two members appointed by the governing authority of the countytwo years each. (d) The Chairman or the sole Commissioner of the governing authority shall serve ex officio for a term concurrent with his term of office. Thereafter, all appointed members shall be appointed for terms of five years each and until their successors are appointed. The term of the ex officio member shall continue so long as he shall hold the position by virtue of which he serves as a member of the Authority, and any person who succeeds to such position shall automatically succeed such ex officio member as an ex officio member of the Authority. Section 7. Election of Officers, Quorum, Bylaws, Procedures and Meetings . After the appointment of all members as hereinabove set out, the full membership of the Authority shall meet as soon as practicable and shall elect one of its members as Chairman and one as Vice-Chairman, each of whom shall continue as voting members, to serve in such

Page 2064

positions for the succeeding year and until their successors are elected. Thereafter, a Chairman and a Vice-Chairman shall be elected in the same manner each year to serve for the succeeding year and until their successors are elected. The Chairman shall preside over meetings of the Authority, and the Vice-Chairman shall preside in his absence, and they shall have such other powers, duties and responsibilities as are set out elsewhere in this Act. The Authority shall also designate a Secretary to keep the minutes and records of the Authority who may or may not be a member of the Authority. A majority of the members of the Authority shall constitute a quorum. A majority of the quorum may exercise any and all powers of the Authority. The Authority shall, as soon as practicable, adopt its own bylaws, rules of procedure and rules of conduct of its business. The Authority shall meet at least once a month and at such other times as it may deem necessary. Election of officers. Quorum. Bylaws. Meetings. Section 8. Compensation of Members . The members shall receive no compensation but shall be reimbursed from the funds of the Authority for reasonable and necessary expenses incurred in pursuing the business of the Authority. Expenses paid. Section 9. Vacancies in Authority . Should an appointed member vacate his office as a member either by resignation, death, change of residence, removal as provided in section 10, or for any other reason, the governing authority of the county shall, as soon as practicable, appoint another member as a member of the Authority. Should an ex officio member be removed as provided in section 10, or vacate his office as a member for any other reason, his place on the Authority shall remain vacant until another person succeeds him in the position by virtue of which he serves as a member of the Authority. Until such time as a new member succeeds the removed member pursuant to the preceding sentence, the total number of members of the Authority for the purposes of determining a quorum shall not include the removed member. Vacancies. Section 10. Removal of Members . Any member may be removed from office for good cause affecting his ability to

Page 2065

perform his duties as a member, for misfeasance, malfeasance or nonfeasance in office, or for violating the conflicts of interests provisions of this Act by vote of two-thirds of the other members, but only after a public hearing at which such member is given the right to present evidence in his own behalf and only upon a finding by two-thirds of the other members that good cause for removal affecting the member's ability to perform his duties as a member exists, that he was guilty of misfeasance, malfeasance or non-feasance in office, or that he violated the conflicts of interests provisions of this Act. Removal of members. Section 11. Executive Director, Treasurer and Other Administrative Officers and Employees . The Authority shall, as soon as practicable, appoint and fix the compensation of an Executive Director, under such terms and conditions as it deems appropriate. The Executive Director shall be the chief executive and operating officer of the Authority. He shall have had experience as a business executive, preferably in connection with the field of aviation. Under the supervision of the Authority, he shall be responsible for the operation, management and promotion of all activities with which the Authority is charged under this Act, together with such other duties as may be prescribed by the Authority, and he shall have such powers as are necessarily incident to the performance of his duties and such others as may be granted by the Authority. Additionally, the Authority shall in a like manner appoint and fix the compensation of a Treasurer who shall have custody of all monies, funds, notes, bonds, and other securities of the Authority and who shall have such other duties and responsibilities as the Authority may prescribe. The Authority may also authorize and employ such other administrative officers and employees under such terms and conditions as it shall consider necessary and appropriate to effectuate its purposes under this Act. Executive director. Qualifications. Duties. Treasurer. Other employees. Section 12. Conflicts of Interest . No member of the Authority or officer or employee thereof shall have a financial interest, direct or indirect, in any contract with the Authority, or be financially interested, directly or indirectly,

Page 2066

in the sale to the Authority of any lands, material, supplies or services, except on behalf of the Authority as a member, officer or employee thereof. Any violation of this provision by a member of this Authority shall be grounds for removal pursuant to section 10 of this Act. Any violation of this provision by the executive director, any officer or employee of the Authority shall be grounds for removal by the Authority. Conflicts of interest. Section 13. Powers of the Authority . The Authority shall possess, subject to the conditions and limitations set out elsewhere in this Act, all the powers necessary or convenient for it to accomplish the purposes of this Act, including the following specific powers, which shall not be construed as a limitation upon the general or other specific powers conferred in this Act: (a) To adopt a seal to be used for the authentication of legal documents, obligations, contracts and other instruments, and to alter same at its pleasure; Powers. (b) To acquire by purchase, lease, gift or otherwise, and to hold, lease, sell, use and dispose of real and personal property of every kind and character or any interest therein; (c) To exercise the power of eminent domain to acquire private property, whether real or personal, or any rights or interests therein including any easements, as necessary or convenient for the accomplishment of the purposes of this Act, including the elimination of airport hazards, in accordance with the provisions of any and all existing laws applicable to the exercise of such power. The Authority shall be under no obligation to pay for any property condemned under this power except from its own funds and in proceedings to condemn pursuant to this Section, the court having jurisdiction of the suit, action or proceeding may enter such orders regarding the payment for such property or interest therein as may be fair and just to the Authority and to the owners of the property being condemned. Any such order shall not limit the power of the Authority to exercise the power of eminent domain, but shall only prescribe the

Page 2067

method of payment to persons who shall own or have an interest in the property; (d) To appoint, select and contract for the services of engineers, architects, building contractors, accountants and other fiscal agents, attorneys and such other persons, firms or corporations as are necessary to accomplish the purposes of this Act, for such fees or compensation, and under such terms and conditions as it deems appropriate; (e) To plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, lease, regulate, protect and police all airports and related facilities, which shall come under its control under the provisions of this Act, or which it may acquire or plan to acquire, and to enter into any contracts, leases or other agreements, promulgate any orders, set any tolls, fees, or other charges for the use of its property or services and collect and use same as necessary to operate the airports under its control and to accomplish any purposes of this Act, and make any purchases or sales necessary for such purposes; (f) To contract with any persons, firms or public or private corporations to supply goods, commodities, facilities, and services to the public, employees of the Authority and employees of air carriers and other commercial interests located at any airport under its control under such terms and conditions as it may prescribe including the power to grant exclusive rights, franchises or concessions; (g) To adopt and enforce reasonable rules and regulations for the orderly, safe, efficient and sanitary operation of airports and related facilities under its control and to provide its own security force and peace officers with powers of arrest or to arrange for such security force or peace officers in connection with any municipality or the county, and to prescribe reasonable penalties for the breach of any rule or regulation. All such rules, regulations or orders shall become effective upon approval of the Authority and after publication of a notice containing a substantive statement of the rule or regulation and the penalty for violation thereof in the newspapers of general circulation

Page 2068

of all counties in which rules or regulations are to be applied. The notice shall state that the breach of the rule or regulation will subject the violator to the penalty and shall state that the full text of all rules and regulations shall be maintained in the principal office of the Authority where same will be open to public inspection and perusal. All rules and regulations shall in fact be so maintained. Said rules and regulations, when promulgated as provided herein shall be judicially recognized by and enforceable in the courts of any municipality or the county in which airports under the control of the Authority are located and having jurisdiction over the place where any violation occurs; (h) To provide its own fire protection, crash and rescue services or to arrange for such services in connection with any federal, state, municipal or county agency or any private firm in the business of providing such services; (i) To make application directly or indirectly to any federal, state, county or municipal government or agency or to any other source, public or private, for loans, grants, guarantees or other financial assistance in aid of airports under its control, and to accept and use same upon such terms and conditions as are prescribed by the Federal, State, county or municipal government or agency or other source; (j) To adopt, administer and enforce airport zoning regulations for any airport subject to its control, in accordance with an Act known as the Airport Zoning Act approved January 31, 1946 (Ga. L. 1946, p. 121), as amended; the Authority is hereby deemed and declared to be a political subdivision within the meaning of said Act, and it shall have every power of a political subdivision under said Act with regard to the airports under its control just as if it were a county or municipality owning an airport located wholly or partially outside its corporation limits; (k) To enter into agreements with the State, any subdivision thereof or any county or municipality or the Federal government or any agency thereof to use in the performance

Page 2069

of its functions the facilities or the services of the State or such subdivision or such county or municipality or the Federal government or any agency thereof in order to accomplish the purposes of this Act; (l) To borrow money to accomplish its purposes and execute evidences of indebtedness therefor and secure such indebtedness in such manner as the Authority may provide by its resolution authorizing such indebtedness to be incurred; provided, that the Authority shall not pledge to the payment of such indebtedness revenue pledged to the payment of any other indebtedness then outstanding or incumber property in violation of the terms of any existing contract, agreement or trust indenture securing existing indebtedness; (m) To issue negotiable bonds, including revenue and refunding bonds, under such terms and conditions as it deems appropriate, and to provide for the payment of same and for the rights of the holders thereof; (n) To enter into any financial arrangements whatsoever necessary to accomplish the purposes of this Act not prohibited by this Act or by the Constitution of the State of Georgia; (o) To sell, lease or otherwise dispose of surplus personal property, and sell, lease or otherwise dispose of land and any improvements thereon acquired by the Authority pursuant to law which the Authority may determine is no longer required to accomplish the purposes of this Act, including property which is suitable for industrial development. Any such property may be sold, leased or otherwise disposed of upon such terms and conditions as may be provided by resolution of the Authority. The proceeds of any such sale may be used by the Authority to accomplish any of the purposes of this Act; (p) To determine what usage may be made of specific airports including the power to determine what classes of aircraft may use particular airports in order to derive the maximum public benefit from all airports;

Page 2070

(q) To exercise each and every power that any municipality or any county could exercise, under laws existing at the time this Act becomes law, over airports owned or operated by any municipality or any county which subsequently comes under the control of the Authority under the provisions of this Act just as if the Authority were the municipality or the county that previously owned or operated such airport, and as regards any future airport or airports not existing at the time that this Act becomes law, the Authority may exercise each and every power that the municipality or county could have exercised had it acquired the ownership or operation of any such airport or airports just as if it were the municipality or county; (r) To exercise all powers that could be exercised by a private business corporation in the operation of a similar enterprise which are not in conflict with the other provisions of this Act or with the Constitution of this State; (s) To enter into contracts, leases or other agreements with federally certificated air carriers, other commercial air carriers and other commercial users of its airports, for the use of such airports under such terms and conditions as it deems appropriate and for such charges, rentals and fees as it deems appropriate; (t) To enter into such agreements with any municipality or the county presently operating airports of which the Authority may subsequently assume control with respect to the manner of transfer of airport employees from any municipality and the county to the Authority as the Authority deems necessary and appropriate; (u) To establish a plan of civil service for officers and employees of the Authority or to provide by resolution that such officers and employees of the Authority shall be covered under any State, county or municipal civil service plan which is available to such employees under the laws of the State or any county or municipality; and (v) To establish a plan for retirement, disability, hospitalization and death benefits for officers and employees

Page 2071

of the Authority or to provide by resolution that such officers and employees shall be covered under any State, county or municipal plan available to them under the laws of the State or any county or municipality. Section 14. Execution of Contracts, Leases and Other Legal Instruments . Any and all contracts, leases, obligations, agreements or other legal instruments of the Authority shall be approved by resolution of the Authority, and shall be executed by those individuals designated in such resolution, and in the absence of such designation by the Chairman or Vice-Chairman. Nothing in this provision shall prohibit general resolutions authorizing the Executive Director or other officers, agents or employees to execute such contracts, leases or other legal documents as the Authority may prescribe. Execution of instruments. Section 15. Revenue Bonds, Revenue Bond Law of 1937 Applicable . The Authority shall have the power and is hereby authorized, at one time or from time to time as it deems necessary to accomplish the purpose of this Act, to issue revenue bonds pursuant to an Act known as the Revenue Bond Law, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended. The Authority is hereby determined to be a municipality within the meaning of that law and is authorized to utilize any and all procedures set out therein, and to exercise any and all powers of a municipality thereunder. The members of the Authority shall constitute the governing body as that term is used therein. Nothing in this Section shall be construed so as to limit the power of the Authority to issue any bonds other than under the Revenue Bond Law, which it may legally issue pursuant to section 13 (m) of this Act. Revenue Bond Law of 1937 applicable. Section 16. Validation of Revenue Bonds, Location of Authority . For purposes of validation of bonds under the Revenue Bond Law, the Authority shall be considered to be located in the county in which it is established. Revenue bonds, validation. Section 17. Replacement of Lost or Mutilated Bonds . The Authority may provide for the replacement of any Bonds issued by it which shall be mutilated or destroyed. Replacement of certain bonds.

Page 2072

Section 18. Bonds; Trust Indenture as Security . In the discretion of the Authority, any issue of bonds pursuant to this Act may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside the State. 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, either real or personal. The resolution providing for the issuance of such bonds or the 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 airports; the maintenance, operation, repair and insurance of property, and the custody, safeguarding and application of all monies of the Authority. Such resolution or trust indenture may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects satisfactory to the trustee or to the bondholders, and may also require that the security given by any contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such trustee or bondholders, 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 security as may be required by the Authority. Such resolution or trust indenture may set forth the rights and remedies of the bondholders and of the trustees, 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 resolution or 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 connection with any such trust indenture may be treated as operating expenses of the Authority. Trust indenture as security.

Page 2073

Section 19. Revenue Bonds; Additional Powers as to Security . In addition to other powers granted in this Act as to the issuance of revenue bonds and security for such bonds, the Authority shall have the power to enter into any financial and contractual arrangements with users of its airports, including commercial air carriers, which it deems appropriate in order to provide security to bondholders, and for such purposes it may also enter into joint agreements, arrangements or trust indentures with such users and a trustee or trustees under any trust indenture authorized under section 18 of this Act in order that funds may be procured to accomplish the purposes of this Act at the least possible cost to the Authority. Additional powers as to security. Section 20. Revenue Bonds; Interest of Bondholders Protected .While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of the Authority or of its officers, employees or agents shall not be diminished, or impaired in any manner that will adversely affect 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 adversely affect the interest and rights of the holders of such bonds. Protection of bondholders. Section 21. Revenue Bonds; Exemption From Taxation . All revenue bonds issued under the provisions of this Act are declared to be issued for an essential public and governmental purpose and the said bonds and the income therefrom shall be exempt from all taxation within the State. Bonds exempted from taxation. Section 22. Bonds as Legal Investments for Trustees and as Lawful Deposits of Securities with Public Officers . Any bonds issued by the Authority under the provisions of this Act are hereby made securities in which all public officers and bodies of this State and all municipalities and all municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business,

Page 2074

all administrators, guardians, executors, trustees and other fiduciaries and all other persons whomsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. Legal investments and lawful deposits. Section 23. Property of Authority Deemed to be Public Property . It is hereby declared that all property of the Authority, held pursuant to the terms of this Act, whether real or personal, tangible or intangible and of any kind or nature and any income or revenue therefrom, is held for an essential public and governmental purpose, and all such property is deemed to be public property. Public property. Section 24. Transfer of Airports and Related Facilities from Municipalities and Counties to Authority; Public Necessity . The Authority shall by resolution, at such times as it shall deem appropriate, determine what public airports within its territorial jurisdiction as set out in section 1 of this Act are necessary to accomplish the purposes of this Act, and shall inform the county owning such airport of such determinations and the proper officials or officers of the municipality or the county may convey by deed all of their interest in real property and any other property making up such airports to the Authority for a nominal consideration within such time as the Authority may prescribe, subject to the provisions of section 26 of this Act. It is hereby declared that the conveyance of such property is necessary and essential in order to accomplish the purposes of this Act so as to secure the public welfare, safety and convenience. Transfer of property. Section 25. Transfer of Contracts to Authority . Upon conveyance of airports to the Authority pursuant to section 24 of this Act, all contracts, commitments, leases and other obligations of the municipality or the counties in

Page 2075

respect to such airports shall be transferred to the Authority and the Authority shall stand in the place of the municipality or the counties for the purposes of such contracts, commitments, leases or other obligations, subject to the provisions of section 26 of this Act. Transfer of contracts. Section 26. Conveyances and Transfers Pursuant to sections 24 and 25 to be Accomplished so as to Protect Interests of Bondholders and Others Affected Thereby . The conveyance of airports and related facilities by the counties to the Authority pursuant to section 24 of this Act and the transfer of contracts, commitments, leases and any other obligations to the Authority from any municipality or the county pursuant to section 25 of this Act shall be accomplished under such terms and conditions as may be necessary to protect the interests of bondholders of any municipality or the county affected by such conveyances and transfers and other parties affected thereby. Transfers may be conditioned so as to protect such interests and the Authority, the county may enter into any agreements with each other or other parties necessary to protect such interests, provided, however, that nothing in this section shall authorize the counties to delay conveyances pursuant to section 24. Protection of bondholders, etc. Section 27. Airports Subject to Control of Authority . All airports acquired by the Authority pursuant to this Act, or acquired by the Authority in any legal manner, and any other property held by the Authority, shall be under the control of the Authority, and the Authority shall have the right to exercise any and all of the powers set out in this Act in regard thereto. Control. Section 28. Powers of Authority Limited to Airports . All of the powers, general and specific, granted to the Authority pursuant to this Act shall be exercised only in regard to airports. The Authority shall not have the power to plan, construct, finance, operate, or maintain any facilities other than airports and its related facilities, provided, however, that nothing in this Section shall be construed to prohibit the Authority from cooperating with other Federal, State, county or municipal governmental agencies or public corporations

Page 2076

in order to coordinate other types of facilities with airports under its control. Limitation. Section 29. Funds of Authority to Be Used Only for Airports . The funds of the Authority, from whatever source derived, shall be used only in support of airports as defined in section 4 (a) of this Act, but nothing in this section shall prohibit the Authority from making any and all expenditures of any kind or nature necessary to support airports. Funds for airport use only. Section 30. Principal Office of Authority; Service of Process . The principal office of the Authority shall be in the county in which the airport is located. Service of process on the Authority may be had upon the Executive Director or other officers of the Authority as in the case of private corporations incorporated or domesticated under the laws of this State. Process. Section 31. Severability Should Any Portion of Act Be Held Invalid . The terms and provisions of this Act are severable. Should any Section, subdivision, sentence, clause or phrase of this Act, or the application thereof to any person or circumstance for any reason be held by a court of competent jurisdiction to be invalid or void, the validity of the remainder of this Act, or the application of such provision to other persons or circumstances, shall not be affected thereby to the extent that any remaining portion of the Act may reasonably be given effect without the invalid or void portion. Severability. Section 32. Cumulative With Non-Conflicting Existing Laws . This Act shall not be construed so as to repeal any laws or parts of laws not directly in conflict with this Act, and the provisions of this Act shall be cumulative with existing laws on the same subject or existing laws which authorize the doing of any of the things authorized by this Act unless they are in direct conflict with this Act. Cumulative effect. Section 33 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1971.

Page 2077

CITY OF HAPEVILLEINCORPORATION ACT AMENDED. No. 45 (House Bill No. 120). An Act to amend an Act approved September 16, 1891 (Ga. L. 1890-91, Vol. II, pp. 783, et seq.) entitled An Act to incorporate the City of Hapeville, Georgia, and for other purposes, and the several acts amendatory thereof; particularly (Georgia Laws 1953, Nov.-Dec. Sess., p. 3004), creating a pension and retirement system for certain employees; so as to provide for increased payments to the pension fund by the City; to provide for a different assessment to employees; to provide for increased benefits; to provide for benefits to a surviving spouse; to repeal conflicting laws; and for other purposes. Be it enacted by the Senate and House of Representatives in General Assembly Convened, and it is hereby enacted by authority of the same, that the Act incorporating the City of Hapeville, approved September 16, 1891, and the several acts amendatory thereof, be and they are amended as follows: Section 1 . By striking the phrase each for a term of one year as the same appears in section 2 of 1953 Acts Page 3004, and inserting in lieu thereof the following: each for a term of two years, and until a successor is appointed and qualified, or the term of office is shortened by expiration of term of office of Mayor, Councilman, Alderman, or Clerk of City, or if employment by City ceases either voluntary or involuntarily,. Terms. Section 2 . By amending section 3 of 1953 Acts, Page 3004, as amended by Section 2 of Acts 1966, Page 3420, by striking all of subparagraph (a) of said section 2 and inserting in lieu thereof the following: The City shall contribute annually to the Hapeville Pension and Retirement Fund a sum not less than $10,000.00 annually which may be increased by order of Mayor and

Page 2078

Council to an amount annually not to exceed $43,000.00 together with an amount equal to the employees contribution thereto. (Section 62, Charter). City's contribution. Section 3 . By amending section 3 of 1953 Acts, Page 3004, by striking subparagraph (c) of said section 3 and inserting in lieu thereof the following: The City shall levy and deduct 2% tax of every covered employee's compensation each payday and shall pay the same into the Hapeville Pension and Retirement Fund. Such tax may be increased or decreased from time to time by the Pension and Retirement Board subject to a limitation of not less than 2% and not more than 6% of each employee's gross compensation. (Section 62 Charter). Employee's tax. Section 4 . By amending section 12 of 1953 Acts, Page 3004, as amended by section 3 of 1966 Acts, Page 3420, by striking all of said section 3 and inserting in lieu thereof the following: Any employee who shall be employed by the City of Hapeville and who shall be entitled to the benefits of the Hapeville Pension and Retirement Act, shall be entitled to receive a refund of all monies contributed by such employee and paid into such fund, less five (5) per cent and less monies due the fund, upon severance of employment, other than retirement said five (5) per cent shall remain in said fund; provided that should such employee return to the service of said City such employee shall not receive credit for the time he or she was not in the service of the City, nor for services rendered prior to such refund, unless he or she shall have reimbursed the pension and retirement fund in full for such refund as he or she may have withdrawn. (Section 63, Charter). Refund. Section 5 . By amending section 6 of the 1953 Acts, Page 3004 as amended by section 2 of Ga. Laws 1964, Act 989, by striking all of said section and inserting in lieu thereof the following: The retirement benefits shall be arrived at by multiplying

Page 2079

a permanent factor of.0165 times the employee's average salary over the five (5) years preceding retirement times the number of years service the employee qualifies for under the Hapeville Pension and Retirement Fund, to be paid monthly on the first of each month, commencing on the first day of the month following the retirement of an employee. Employees with a minimum of 25 years continuous service as a salaried employee shall receive full benefits as calculated using the above retirement formula during his lifetime until his or her death. Employees having 35 years of continuous service shall receive full benefits as calculated by said retirement formula during his lifetime until his or her death. An employee at least 55 years of age with at least 25 years of continuous service may retire receiving 80 per cent of benefits as calculated using their retirement formula until his or her death. Should an employee reach the age of 65 years having served less than 25 years with the City as a covered employee, such an employee will receive such benefits as may be calculated using the retirement formula until the death of the employee, provided that said employee shall have been a covered employee for not less than the minimum number of years to qualify. All covered employees of the city employed as of January 1, 1971, having more than fifteen (15) years of service but not sufficient to qualify for full benefits at the mandatory retirement age shall have the privilege of paying into the pension and retirement fund a maximum of two (2) years payments as would be due under the act and shall receive such benefits as would be due applying the formula as set out herein. The Mayor and Council shall be authorized to provide by ordinance circumstances under which an employee may leave the employment of the city and return, so as to qualify for retirement benefits resulting from previous service. (Section 65 Charter). Retirement benefits. Section 6 . By amending section 6 of 1953 Acts, Page 3004 as amended by section 3, 1964 Acts, Page 3138, and further amended by section 4, 1966 Acts, Page 3420, by striking all of said section and inserting in lieu thereof the following:

Page 2080

The spouse of a deceased member of the Hapeville Pension and Retirement Fund shall be entitled to receive fifty (50) per cent of the benefit such deceased would be entitled to receive at the time of the decease of the member, to be paid monthly to such spouse until such spouse becomes deceased or remarries, provided that such spouse shall have been married to such covered employee for at least five (5) years prior to the death of the employee and provided further that the employee was a member and contributor to the pension and retirement fund for not less than ten (10) years prior to the death of the employee. (Section 66 Charter). Benefits of spouse. Section 7 . By amending section 13, 1953 Acts, Page 3004 as amended by section 4, 1964 Acts, Page 3138 by striking all of said section and inserting in lieu thereof the following: Any employee covered by this Act who is totally and permanently disabled to the extent that in the judgment of the pension and retirement board he or she is unable to carry on his or her normal or comparable duties with the City under conditions which in the judgment of the pension and retirement board shall constitute line of duty and provided such disability is not due to his or her own willful conduct, such employee shall be eligible for eighty (80) per cent retirement benefits found by using the retirement formula set in section 5 hereof, to be paid monthly until he or she becomes deceased, provided that such employee shall have been an employee in continuous service of the city for not less than ten (10) years. The minimum payment per month under this section shall not be less than one hundred fifty ($150) dollars per month. (Section 68 Charter). Permanent disability. Section 8 . Notice of intention to apply for passage of this local bill has been published in the newspaper in which the Sheriff's advertisements for the locality affected are published, once a week in each of three (3) calendar weeks preceding its introduction in the 1971 regular session of the General Assembly of this State during the period of sixty (60) days next preceding such introduction, and a copy of

Page 2081

such notice, certified as such by the publisher of said newspaper, who also certifies that said notice was so published, is attached hereto and by reference is incorporated herein and made a part hereof. Advertisement. Section 9 . 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 Hapeville, Georgia, will apply to the session of the General Assembly of Georgia, convening in January, 1971, 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 1st day of December, 1970. Frank R. Lea City Attorney City of Hapeville Georgia, Fulton County. 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 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 21, 28th days of December, 1970, and on the 4, 11th days of January, 1971. As provided by law. /s/ Mildred N. Lazenby Subscribed and sworn to before me, this 14th day of January, 1971. /s/ Maiodis F. Palmer Notary Public Georgia, State at Large. My Commission Expires Jan. 19, 1972. (Seal). Approved March 16, 1971.

Page 2082

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT OF 1965 AMENDED. No. 47 (House Bill No. 220). An Act to amend the Metropolitan Atlanta Rapid Transit Authority Act of 1965 (Ga. L. 1965, p. 2243), as amended, particularly by an Act approved March 4, 1966 (Ga. L. 1966, p. 3264), so as to authorize certain local governments to levy a retail sales and use tax under certain circumstances; to provide the rate therefor; to provide for all other matters relative to the foregoing; to provide for the proper administration and enforcement of this Act; to limit State appropriations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, particularly by an Act approved March 4, 1966 (Ga. L. 1966, p. 3264), authorized by the provisions of Article XVII, Section I, of the Constitution of the State of Georgia, is hereby amended by renumbering sections 25 and 26 as sections 26 and 27, and by inserting a new section 25 which shall read as follows: Section 25. Authorization to Levy a Retail Sales and Use Tax . (a) Authority to Tax . Each of the local governing bodies of those local governments referred to and defined in section 2 of the Metropolitan Atlanta Rapid Transit Authority Act of 1965 (Ga. L. 1965, p. 2243) as amended, which shall hereafter pursuant to the provisions of said Act enter into a rapid transit contract with the Metropolitan Atlanta Rapid Transit Authority that has become final and binding upon its local government by compliance with the provisions of section 24 of said Act and approval of the voters as therein required, shall be authorized to levy a retail sales and use tax upon the retail purchase, retail sale, rental,

Page 2083

storage, use or consumption of tangible personal property, and the services described and set forth in Ga. L. 1951, p. 360, as amended, on sales, uses and services rendered, in the geographical area governed by such local government. Provided, however, the tax herein authorized shall not be levied by any local government unless the same is also levied in the geographical areas of Fulton and DeKalb Counties. The tax imposed shall correspond, so far as is practicable, except as to rate, with the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, and as it may be from time to time amended. Authority to tax. (b) Rate of Tax . The tax when levied shall be at the rate of one (1%) per cent for the first ten years following the effective date of the tax and shall thereafter be reduced to one-half (1/2%) of one per cent. Said tax shall be added to the State Sales and Use Tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, and the State Revenue Commissioner is hereby authorized and directed to establish a bracket system by appropriate rules and regulations to collect the tax herein imposed in the areas affected. Rate. (c) Administration . Any sales and use tax levied pursuant to this Act shall be administered and collected solely by the State Revenue Commissioner in the same manner and subject to the same penalties provided for in the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as now or hereafter amended. No variance shall be permitted between the state and the local tax, except as to rate. The vendor's responsibility shall be to the State Revenue Commissioner and not to the local governments participating in this tax levy. The local governments shall be prohibited from making sales tax audits. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount due, if said amount is not delinquent at the time of payment. The rate of the deduction shall be at the same rate authorized for

Page 2084

deductions from State Tax under the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. L. 1951, p. 360), as now or hereafter amended. Administration. (d) Special Fund . All sales tax monies collected by the State Revenue Commissioner under this Act shall be paid to the State Treasurer to the credit of a special fund which is hereby created on the books of the State Treasurer under the name `Collection of Metropolitan Atlanta Rapid Transit Authority Taxes', and such local sales tax money shall be credited to the account of each local government in which the local sales and use taxes are collected under this Act. The basis of such credit shall be the point of sale or use as shown by the records of the State Revenue Commissioner, except that any credit within the territorial limits of a city which is a party to a rapid transit contract as defined in section 24 of said Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended, shall be credited to said city government, and not to the county or counties in which said city may lie. Special Fund. (e) Penalties and Interest . All penalties and interest collected under the provisions of this Act on sales and use tax assessments shall be prorated between the State and the local governments on such basis as may be prescribed by the State Revenue Commissioner. Penalties and interest. (f) Distribution of Funds . As soon as practicable after the local sales and use tax monies have been paid into the State Treasury in any month for the preceding month, the State Treasurer shall draw his warrant on the State Treasury in the proper amount in favor of each local government entitled to the monthly return of its local sales and use tax monies, and such payment shall be charged to the account of each local government under the special fund created by this Act. Any errors made in any such payments or any adjustments otherwise necessary, whether attributable to refunds to taxpayers or by some other fact, shall be corrected and adjustments shall be made in such payments for the next month or subsequent months. The amount due each local government shall be reduced by the amount of costs incurred by the Department of Revenue in

Page 2085

administration and collection of the local tax. The amount of costs of the Department shall be certified by the State Revenue Commissioner to the State Treasurer who shall deduct such amount from the amount due the local governments. The amount deducted shall be deposited by the State Treasurer in the State Treasury to the credit of the General Fund. Distribution of funds. (g) Rules and Regulations . The State Revenue Commissioner shall have the power to make and publish reasonable rules and regulations not inconsistent with this Act or other laws, or the Constitution of this State or the United States for the administration and enforcement of the provisions of this Act and the collection of revenues hereunder. Rules and regulations. (h) Forms . The State Revenue Commissioner shall utilize the forms used for sales and use tax returns and for the payment of State Sales and Use Taxes, and shall add appropriate forms for the use of those persons with the responsibility of collecting the tax levied pursuant to this Act. Forms. (i) Use of Proceeds . The proceeds of the tax levied pursuant to this Act shall be used solely by each local government to fulfill the obligations incurred in contracts entered into with the Metropolitan Atlanta Rapid Transit Authority as contemplated in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended, provided, however, that commencing with January 1 of the eleventh full year after the effective date of the tax and for every year thereafter, the proceeds of the tax shall not be used to subsidize operations of the transportation system to an extent greater than fifty (50%) percent of the operating costs of the system, exclusive of depreciation and amortization. In adopting its annual budget, the Board of the Metropolitan Atlanta Rapid Transit Authority shall be authorized to rely upon estimates of all revenues, operating costs, patronage and other factors which may affect the amount of the fare required to limit the operating subsidy herein provided for. If the results of any year's operations reflect that the proceeds of the tax were used to subsidize operations to an extent greater than herein provided, the Board

Page 2086

shall adjust fares in order to make up the deficit in operations during a period of not to exceed three (3) succeeding years. Proceeds. (j) Effective Date of Tax . The effective date of the tax authorized by this Act shall be the first day of the first calendar month which begins more than ninety (90) days after the action of the local governing body levying the tax referred to in subsection (a) of section 25 of this Act unless a later effective date shall have been specified by such local governing body in levying the tax provided that with respect to services which are regularly billed on a monthly basis, the tax shall become effective with the first regular billing period coinciding with or following the effective date of the tax as herein specified. Effective date of tax. Section 2. State Appropriations . After the tax herein authorized becomes effective as in section 1 provided, the State of Georgia shall not appropriate any funds to the Metropolitan Atlanta Rapid Transit Authority. This provision shall not prevent the State from contracting with said Authority for services, nor from granting to said Authority easements, rights of way and leasehold interests in and through State property. State appropriations. 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, 1971, Session of the General Assembly of Georgia, a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965 (Ga. L. 1965, p. 2243, et seq.) and for other purposes.

Page 2087

This 14th day of December, 1970. Huie and Harland W. Stell Huie Tom Watson Brown Attorneys for Metropolitan Atlanta Rapid Transit Authority 822 Fulton Federal Bldg. Atlanta, Georgia 30303 Georgia, DeKalb County. Personally appeared before the undersigned officer authorized by law to administer oaths, J. R. Boatright, who, being duly sworn, deposes and states on oath that he is the President of the New Era Publishing Co., a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the New Era Publishing Co. is the publisher of the DeKalb New Era, a newspaper published in the County of DeKalb, being of general circulation and being the legal organ of the County of DeKalb, and further avers that legal notice, a true copy of which is hereto attached, Intention to Introduce Local Legislation, was duly published once a week for four weeks as required by law, the dates of publication being December 17, 24, 31, 1970, and January 7, 1971. /s/ J. R. Boatright Sworn to and subscribed before me, this 8th day of Jan., 1971. /s/ Jessie L. Turnipseed Notary Public, Georgia, State at Large. My Commission Expires Sept. 22, 1973. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1971, Session of the General Assembly of Georgia, a bill to amend an Act known as the Metropolitan

Page 2088

Atlanta Rapid Transit Authority Act of 1965 (Ga. L. 1965, p. 2243, et seq.) and for other purposes. This 14th day of December, 1970. Huie and Harland W. Stell Huie Tom Watson Brown Attorneys for Metropolitan Atlanta Rapid Transit Authority 822 Fulton Federal Building Atlanta, Georgia 30303 Georgia, Gwinnett County. Personally appeared before the undersigned officer authorized by law to administer oaths, Gainer E. Bryan, Jr., who, being duly sworn, deposes and states on oath that he is the Editor of the Gwinnett Daily News, a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the The News Co. is the publisher of the Gwinnett Daily News, a newspaper published in the County of Gwinnett, being of general circulation and being the legal organ of the County of Gwinnett, and further avers that legal notice, a true copy of which is hereto attached, Intention to Introduce Local Legislation, was duly published once a week for four weeks as required by law, the dates of publication being December 11, 18, 24 and 31, 1970. /s/ Gainer Bryan Sworn to and subscribed before me, this 8th day of Jan., 1971. /s/ Janice L. Bullock Notary Public, Georgia, State at Large. (Seal).

Page 2089

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1971, Session of the General Assembly of Georgia, a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965 (Ga. L. 1965, p. 2243, et seq.) and for other purposes. This 14th day of December, 1970. Huie and Harland W. Stell Huie Tom Watson Brown Attorneys for Metropolitan Atlanta Rapid Transit Authority 822 Fulton Federal Bldg. Atlanta, Georgia 30303 Georgia, Cobb County. Personally appeared before the undersigned officer authorized by law to administer oaths, Billie Foster, who, being duly sworn, deposes and states on oath that she is the Treasurer of the Marietta Daily Journal, a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the Times-Journal Inc. is the publisher of the Marietta Daily Journal, a newspaper published in the County of Cobb, being of general circulation and being the legal organ of the County of Cobb, and further avers that legal notice, a true copy of which is hereto attached, Intention to Introduce Local Legislation, was duly published once a week for four weeks as required by law, the dates of publication being December 18, 24, 31, 1970, and January 8, 1971. /s/ Billie M. Foster Sworn to and subscribed before me, this 8th day of Jan., 1971. /s/ Thelma Kemp Notary Public, Cobb County, Ga. My Commission Expires Oct. 18, 1971. (Seal).

Page 2090

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1971, Session of the General Assembly of Georgia, a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965 (Ga. L. 1965, p. 2243, et seq.) and for other purposes. This 14th day of December, 1970. Huie and Harland W. Stell Huie Tom Watson Brown Attorneys for Metropolitan Atlanta Rapid Transit Authority 822 Fulton Federal Building Atlanta, Georgia 30303 Georgia, Fulton County. Personally appeared before the undersigned officer authorized by law to administer oaths, Mildred N. Lazenby, who, being duly sworn, deposes and states on oath that she is the Treasurer of the Daily Report Company, a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the Daily Report Company is the publisher of the Fulton Daily Report, a newspaper published in the County of Fulton, being of general circulation and being the legal organ of the County of Fulton, and further avers that legal notice, a true copy of which is hereto attached, Intention to Introduce Local Legislation, was duly published once a week for four weeks as required by law, the dates of publication being December 14, 21, 28, 1970, and January 4, 1971. /s/ Mildred N. Lazenby Sworn to and subscribed before me, this 8th day of January, 1971. /s/ Maiodis F. Palmer Notary Public Georgia, State at Large. My Commission Expires Jan. 19, 1972. (Seal).

Page 2091

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1971, Session of the General Assembly of Georgia, a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965 (Ga. L. 1965, p. 2243, et seq.) and for other purposes. This 14th day of December, 1970. Huie and Harland W. Stell Huie Tom Watson Brown Attorneys for Metropolitan Atlanta Rapid Transit Authority 822 Fulton Federal Building Atlanta, Georgia 30303 Georgia, Clayton County. Personally appeared before the undersigned officer authorized by law to administer oaths, Mrs. Bobbie Gay, who, being duly sworn, deposes and states on oath that she is the Office Manager of the Forest Park Free Press, a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the Woodprint, Inc. is the publisher of the Forest Park Free Press, a newspaper published in the County of Clayton, being of general circulation and being the legal organ of the County of Clayton, and further avers that legal notice, a true copy of which is hereto attached, Intention to Introduce Local Legislation, was duly published once a week for four weeks as required by law, the dates of publication being December 18, 25, 1970 and January 1 and 8, 1971. /s/ Mrs. Bobbie Gay Sworn to and subscribed before me, this 8th day of Jan., 1971. /s/ Jessie L. Turnipseed Notary Public, Georgia, State at Large. My Commission Expires Sept. 22, 1973. (Seal). Approved March 16, 1971.

Page 2092

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT OF 1965 AMENDED. No. 48 (House Bill No. 223). An Act to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, particularly by an Act approved March 4, 1966 (Ga. L. 1966, p. 3264), so as to clarify what costs may be capitalized as costs of a rapid transit system or project; to clarify the provisions relating to the acquisition of a privately owned transportation system; to clarify the power of the Authority to obtain certain personal services; to delete a provision subjecting said Authority to liability for certain attorneys fees of adverse parties; to indicate which public bodies said Authority may contract with pertaining to its purposes; to authorize local governments to pay operational subsidies and to contract with said Authority relative thereto; to eliminate the provision for judicial review of charges or services fixed by said Authority; to delete requirements that revenue bonds of said Authority bear interest payable semiannually at a rate not exceeding six percent per annum; to provide that all obligations issued by said Authority shall have the qualities and incidents of negotiable instruments; to permit local governments to waive the requirement that revenue bonds of the Authority be sold at par and at public competitive bidding; to clarify the procedure for the validation of revenue bonds; to clarify the provisions relative to relocation payments; to establish the absence of a requirement of competitive bidding with respect to certain personal services; to provide that contracts and transactions constituting security for the payment of obligations shall not be voidable due to conflict of interest; to expand the period of time within which budgets shall be proposed and reviewed; to delete the prohibition against deficit financing in a budget; to delete the requirement of an engineering survey every three years; to permit the Authority to act as a self-insurer; to modify the procedures whereby local governments and other public bodies may participate in financing and supporting

Page 2093

a rapid transit system; to provide for severability; to provide an effective date; to repeal all laws in conflict therewith; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965, approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, particularly by an Act approved March 4, 1966 (Ga. L. 1966, p. 3264), is further amended by striking therefrom subsection (j) of section 2 in its entirety and inserting in lieu thereof a new subsection (j) which shall read as follows: (j) Cost of Rapid Transit System or Project . According to accepted principles of accounting, the total cost, paid or incurred, to study, plan, design, finance, acquire, construct or otherwise develop the component parts of a rapid transit system or rapid transit project to a normal operating or revenue-producting condition, including any relocation costs and the capitalization of expenses, direct or indirect, paid or incurred, in connection therewith. Without intending to limit in any way those expenses which may be capitalized as set forth in the preceding sentence, it is understood that such expenses shall include interest which it is estimated will accrue on obligations issued by the Authority to finance the construction of any rapid transit system or project during the construction period and for six (6) months thereafter and all start-up costs incurred in placing such system or project in operation. Cost of system. Section 2 . Said Act is further amended by striking therefrom subsection (i) (2) of section 6 in its entirety and inserting in lieu thereof a new subsection (i) (2) which shall read as follows: (2) The purchase or lease of any privately owned system of transportation of passengers for hire in its entirety, or any substantial part thereof, as contemplated in section 8(c) or 8(d). Prior to the purchase or lease of any such privately owned system a public hearing pertaining thereto shall have been held and notice of such public hearing shall

Page 2094

have been advertised as provided in section 9(c) hereof. Provided that no sum shall be paid for such privately owned system of transportation in excess of the fair market value thereof determined by a minimum of two appraisers and approved by a majority of the local governments participating in the financing of such purchase. Purchase or lease of private systems. Public hearing. Section 3 . Said Act is further amended by striking therefrom subsection (b) of section 8 in its entirety and inserting in lieu thereof a new subsection (b) which shall read as follows: (b) The power to appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, to contract for the services of individuals or organizations not employed full time by the Authority, but who are engaged primarily in the rendition of personal services and not the sale of goods or merchandise, such as, but not limited to, the services of attorneys, accountants, engineers, architects, consultants and advisors, allowing them suitable compensation and to make provisions for group insurance, retirement or other employee benefit arrangements, provided that no part time or contract employee shall participate in group insurance or retirement benefits. Personnel. Section 4 . Said Act is further amended by striking therefrom subsection (e) of section 8 in its entirety and inserting in lieu thereof a new subsection (e) which shall read as follows: (e) The power to develop data, plans and information and develop and carry out mass transportation demonstration projects, including the development, testing and demonstration of new facilities, equipment, techniques and methods, and the improvement and utilization of transportation services and facilities, and any other means of developing, utilizing or improving mass transportation in urban areas. Also, in other respects, the power to conduct engineering, financial and economic studies, to make plans, designs and tests related to rapid transit projects. In connection therewith the Authority may enter in a reasonable

Page 2095

manner upon any lands, waters or premises for the purpose of making reasonable surveys, soundings, drillings and examinations and such entries shall not be deemed a trespass except that the Authority shall be liable for any actual and consequential damages resulting from such entries. Powers. Section 5 . Said Act is further amended by striking therefrom subsection (i) of section 8 in its entirety and inserting in lieu thereof a new subsection (i) which shall read as follows: (i) The power to enter into contracts with the State of Georgia and any agency, instrumentality or authority thereof and with any of the county and municipal governments within the territorial limits of the area served or to be served by the Authority, for public transportation services to be rendered by the Authority or its rapid transit system, and for any other purposes incidental to the establishment and maintenance of its rapid transit system, or any part or project thereof, including the payment of funds to subsidize the operations of such system if it should ever be necessary to do so, and the usual facilities related thereto. Provided, however that such subsidy by the State of Georgia shall never exceed (10%) ten per cent of the total cost of such Rapid Transit System. Contracts with State, etc. Section 6 . Said Act is further amended by striking therefrom subsection (c) of section 9 in its entirety and inserting in lieu thereof a new subsection (c) which shall read as follows: (c) The Board shall determine by itself exclusively after public hearings as hereinafter provided, the routes, types of construction, equipment, facilities, and the scope and standards of service to be operated by the Authority, the scheduled services to be made available to the public and the amounts to be charged therefor. Before making any determinations as to scheduled services or amounts to be charged therefor, the Board shall first hold at least one public hearing after giving notice of the time and place by twice advertising on different days in the newspaper having the largest circulation in the metropolitan area not

Page 2096

more than ten days nor less than five days prior to the hearing. As to all other matters, the Board may hold such public hearings as it may deem appropriate, and as to all public hearings, it may prescribe reasonable rules and regulations to govern such hearings not inconsistent with this Act. Determination of routes, etc. Section 7 . Said Act is further amended by striking therefrom subsection (d) of section 10 in its entirety and inserting in lieu thereof a new subsection (d) which shall read as follows: (d) The bonds of each issue shall be dated, shall bear interest payable at such times and at such rate or rates within such limits as now or hereafter may be established in the Revenue Bond Law of the State of Georgia (Ga. L. 1937, p. 761, et seq.) as now or hereafter amended, and shall mature in such amounts and at such times not exceeding forty (40) years from the date thereof, as the Board may determine. The bonds may be in coupon or registered form, or both, as the Board may determine, and the Board may make provision for the registration of any coupon bond as to principal alone or as to both principal and interest. Bonds. Section 8 . Said Act is further amended by striking therefrom subsection (g) of section 10 in its entirety and inserting in lieu thereof a new subsection (g) which shall read as follows: (g) All bonds, interim receipts, interim certificates, temporary bonds, equipment trust certificates and other obligations issued under the provisions of this Act shall have all the qualities and incidents of negotiable instruments under the laws of this State and are hereby declared to be issued for an essential public and governmental purpose, and the property, obligations and interest on the obligations of the Authority shall be exempt from all taxation within the State. Bonds, etc. exempt from taxation. Section 9 . Said Act is further amended by striking therefrom subsection (h) of section 10 in its entirety and inserting

Page 2097

in lieu thereof a new subsection (h) which shall read as follows: (h) Bonds of the Authority shall be sold by public competitive bidding, unless such requirement is waived by the local governments participating in the Authority at the time of such sale, in which event the bonds may be sold through negotiation with a prospective purchaser or purchasers. If, with respect to the sale of any particular issue of bonds, public competitive bidding is contemplated, the advertising of the notice of sale and invitation to bid with respect thereto shall be advertised as is customarily done in the handling of governmental bond issues and section 14 (b) as to these matters shall not apply. The Authority may negotiate the sale of its bonds to the Federal Government. Sale of bonds. Section 10 . Said Act is further amended by striking therefrom subsection (p) of section 10 in its entirety and inserting in lieu thereof a new subsection (p) which shall read as follows: (p) Bonds of the Authority shall be confirmed and validated, insofar as applicable, in accordance with the procedure of the Revenue Bond Law (Ga. L. 1937, p. 761, et seq.) as now or hereafter amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, instrumentality or department of the State of Georgia, 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, instrumentality or department 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 to 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, and the security therefor, against the Authority and against any municipality, County, authority, subdivision,

Page 2098

instrumentality or department of the State of Georgia, if a party to the validation proceedings, contracting with the Authority. Validation of bonds. Section 11 . Said Act is further amended by striking therefrom subsection (b) of section 13 in its entirety and inserting in lieu thereof a new subsection (b) which shall read as follows: (b) The Authority shall have the power to prepare plans for and carry on a relocation program for the relocation of persons (including individuals, families, business concerns, nonprofit organizations and others) displaced by operations of the Authority in carrying out a rapid transit project. The Authority shall have the power to acquire by purchase, lease, gifts or contract such personal and real property, improved and unimproved, and to make improvements thereon, as it may deem reasonably necessary to carry out such relocation program, and to make relocation payments to or with respect to such persons, including the making of such payments financed, in whole or in part, by the Federal Government, and, in accomplishing the foregoing, to provide in the same area, or in other areas generally not less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the displaced persons, a sufficient number of decent, safe and sanitary dwellings available to those displaced persons and reasonably accessible to their respective places of employment. The Authority shall have the power to apply for and receive grants, loans and other financial assistance from the Federal Government, the State of Georgia or any local government within the metropolitan area for such relocation payments, including payments for the reasonable and necessary moving expenses and any actual direct losses of property, except good will or profit, resulting from displacement of such persons by the project. Relocation program. Section 12 . Said Act is further amended by striking therefrom subsection (a) of section 14 in its entirety and inserting in lieu thereof a new subsection (a) which shall read as follws:

Page 2099

(a) Except in the acquisition of unique property which for any reason is unobtainable in the open market, and except as hereinafter otherwise provided, competitive bids shall be secured before any acquisition or disposition of properties by contract or otherwise is made by the Authority, or before any contract is awarded for construction, alterations, supplies, equipment, repairs or maintenance, or for rendering any services to the Authority, acquisitions shall be made from, and contracts awarded to, the lowest responsible bidder, and dispositions of property shall be made to the highest responsible bidder. No acquisition of any unique property unobtainable in the open market shall be made without the express approval of the Board where the amount involved is $5,000 or more. Nothing in this section shall apply to contracts for professional services or the personal services of employees, or to contracts for services of individuals or organizations not employed full time by the Authority but who are engaged primarily in the rendition of personal services and not the sale of goods and merchandise, such as but not limited to the services of attorneys, accountants, engineers, architects, consultants and advisors. Bids. Section 13 . Said Act is further amended by striking therefrom subsection (c) of section 15 in its entirety and inserting in lieu thereof a new subsection (c) which shall read as follows: (c) Any contract or transaction of the Authority involving a conflict of interest not disclosed under subsection (a) hereof, or a violation of the act of the General Assembly approved March 10, 1964 (Ga. L. 1964, p. 261), as amended, or a violation of any other provision of law applicable to the Authority, its Board members, officers, or employees regulating conflicts of interest, shall be voidable by the Board. It is expressly provided, however, that this provision shall not apply to any indenture, agreement, contract or transaction which constitutes security, direct or indirect, for the payment of bonds or other obligations of the Authority and the judgment and order confirming and validating any such bonds or other obligations as in section 10

Page 2100

hereof provided, shall constitute a final and conclusive adjudication as to any such security. Conflict of interest. Section 14 . Said Act is further amended by striking therefrom subsection (b) of section 17 in its entirety and inserting in lieu thereof a new subsection (b) which shall read as follows: (b) During each fiscal year the Board shall propose an annual operating budget for the ensuing fiscal year and hold a public hearing thereon. After such public hearing the Board shall review its proposed budget, and, on or before the last day of the fiscal year, it shall adopt an annual operating budget for the ensuing fiscal year. In the annual operating budget each operating fund shall be set forth separately and show an estimate of the fund balance to be available at the beginning of the year, an estimate of anticipated credits during the year according to source, an estimate of anticipated charges, including capital outlay or debt service properly to be financed from anticipated revenues, and comparative data on the last two completed fiscal years and similar data, actual or estimated, for the current year. Budget. Section 15 . Said Act is further amended by striking therefrom section 18 in its entirety which reads as follows: Section 18. Engineering Survey . At least every three years, the Board shall employ a firm of qualified independent engineers to survey the condition of the Authority's facilities and operations from an engineering standpoint and make a report thereof and any recommendations for improvement in its physical facilities and operating procedures. Copies of such report shall be furnished to each local governing body of each local government in the metropolitan area. Section 16 . Said Act is further amended by striking therefrom section 22 in its entirety and inserting in lieu thereof a new section 22 which shall read as follows:

Page 2101

Section 22. Tort Liability; Insurance . The Authority shall not enjoy governmental immunity from tort liability, but shall be liable therefor as any private corporation except that no execution shall be levied on any property of the Authority prior to ninety (90) days from the date of a final judgment against the Authority. The Authority shall provide for adequate insurance or similar protection against any loss, liability or other risk, hazard or responsibility to which it may be exposed or which it may accept on account of its property, personnel, or operations. Such insurance may be provided through self-insurance reserves or by contracts or arrangements with other parties in such manner and amounts as the Board in its discretion shall determine or through any combination of same. Tort Liability Insurance. Section 17 . Said Act is further amended by striking therefrom section 24 in its entirety and inserting in lieu thereof a new section 24 which shall read as follows: Section 24. Local Government Participation . (a) Provision for a rapid transit system within the metropolitan area is declared for the purposes of this Act to be an essential governmental function and a public purpose of the City of Atlanta and the counties of Fulton, DeKalb, Clayton and Gwinnett, and of the county of Cobb if it hereafter determines to participate in the Authority as provided in this Act. Government function. (b) The Board and the local governing body of the City of Atlanta and each of the counties of Fulton, DeKalb, Clayton and Gwinnett, and of the county of Cobb if it hereafter determines to participate in the Authority as provided in this Act, subject to such limitations as are hereinafter in this section set forth, may negotiate and determine the extent of financial participation and the time or times such financial participation may be required with respect to each of the local governments in order to finance provision for a rapid transit system through the joint instrumentality of the Authority. If such determination contemplates a contractual obligation on the part of a local government to make payments to the Authority over a

Page 2102

period of time exceeding one year or to issue any bonds or other obligations evidencing indebtedness, such determination shall take the form of a rapid transit contract to be entered into between the Authority and the local government. The final execution of a rapid transit contract shall be completed in every instance in the manner hereinafter set forth in this section 24. Financial participation. (c) As one method of providing the financial participation determined by its local governing body to be its proper share of the cost of financing a rapid transit project or projects, a local government may in the manner prescribed by law and subject to the conditions and limitations prescribed by law, issue its general obligation bonds, pay over the proceeds thereof to the Authority and thereby complete and make final the execution of the proposed rapid transit contract anticipated by such bond authorization and issuance and the Authority shall agree in such contract to perform for such local government the aforesaid governmental function and to provide specified public transportation services and facilities. Bonds. (d) As an alternative method of providing the financial participation determined by its local governing body to be its proper share of the cost of financing a rapid transit project or projects, a local government may enter into a rapid transit contract or contracts calling for the Authority to perform for it the aforesaid governmental function and calling for it to make periodic payments to the Authority for the public transportation services and facilities contracted for, which payments may include amounts required to defray the periodic principal and interest payments on any obligations issued by the Authority for the purpose of financing the cost of any rapid transit project or projects, amounts necessary to establish and maintain reasonable reserves to insure the payment of said debt service and to provide for renewals, extensions, repairs and improvements and additions to the rapid transit system, and amounts required to defray any operational deficit which the system or any part thereof may incur from time to time. Contracts.

Page 2103

(e) Before a rapid transit contract such as is described in subsection (d) shall become valid and binding on a local government which is a party thereto, the same must have been approved by a majority of the qualified voters of the local government voting in a referendum as hereinafter provided. Contract referendum. (f) The procedure for holding the referendum called for in subsection (e) shall be as follows: There shall be published in a newspaper having general circulation throughout the territory of the local government involved, once each week for four weeks immediately preceding the week during which the referendum is to be held, a notice to the electors thereof that on the day named therein an election will be held to determine the question of whether or not the local government shall enter into the proposed rapid transit contract and said notices shall contain the full text of said proposed contract, which contract shall set forth the obligations of the parties thereto. It is expressly provided, however, that none of the documents or exhibits which are incorporated in such contract by reference or are attached to such contract and made a part thereof shall be published. Such special election shall be held at all the election districts within the territorial limits of the local government involved except that an election called by the local governing body of any county within the metropolitan area shall not be held in any part of such county which is within the territorial limits of the City of Atlanta, if, with respect to the particular rapid transit project or projects to be supported by the proposed rapid transit contract of such county, said City is already a party to a rapid transit contract or the governing body of said City proposes to enter into a rapid transit contract subject to the approval thereof at a referendum. The question to be presented to the electorate in any such referendum shall be and shall be stated on the ballots or ballot label as follows: (Insert name of City or County) has executed a contract with Metropolitan Atlanta Rapid Transit Authority, dated as of (Insert date).

Page 2104

Shall this contract be approved? Referendum. YESNO The question shall be published as a part of the aforesaid notice of election. Each such election called by the governing body of a county within the metropolitan area under the provisions of this Subsection shall be governed by and held and conducted in accordance with the provisions of law from time to time governing the holding of elections to elect members to the General Assembly of this State. After the returns of such an election have been received, and the same have been canvassed and computed, the result shall be certified to the local governing body which called the election, in addition to any other person designated by law to receive the same, and such governing body shall officially declare the result thereof. Each election called by the governing body of the City of Atlanta under the provisions of this subsection shall be governed by and conducted in accordance with the provisions of law at the time governing the holding of elections by said City. The expense of any such election called by the governing body of the City of Atlanta shall be paid by the City of Atlanta. (g) If a majority of those voting in such an election vote in favor of the proposition submitted, then the rapid transit contract as approved shall become valid and binding in accordance with its terms. (h) A local government may elect any method provided in this section to finance the participation required of it in whole or in part, and the election of one method shall not preclude the election of another method with respect thereto or with respect to any additional or supplementary participation determined to be necessary. Method selection. (i) When the Authority and a local government have completed and fully executed a rapid transit contract in compliance with the requirements of this Act, and the voters shall have approved such contract as herein provided, such contract shall constitute an obligation on the part of the local government for the payment of which its good

Page 2105

faith and credit are pledged, but in no other way can the good faith and credit of any local government be pledged with respect to a rapid transit contract. Obligation under contract. (j) Any local government may use public funds to provide for a rapid transit system within the metropolitan area and may levy and collect any taxes authorized to it by law to the extent necessary to fulfill the obligations incurred in a rapid transit contract or contracts with the Authority; provided, that no local county government shall have the power to levy any tax on any subject of taxation situated within the territorial limits of the City of Atlanta in fulfillment of financial obligations set forth in a rapid transit contract when the City of Atlanta has a rapid transit contract with the Authority calling for said City to issue its general obligation bonds for rapid transit purposes or to pay monies periodically with respect to the debt service on obligations issued by the Authority, and is itself using its public funds or levying a tax for either of such purposes. Use of public funds, tax levy. Exception. (k) Any municipality or county within the metropolitan area may transfer to the Authority any property or facilities, or render any services, with or without consideration, which may be useful to the establishment, operation or administration of the rapid transit system contemplated hereunder, and may contract with the Authority for any other purpose incidental to the establishment, operation or administration of such system, or any part or project thereof or the usual facilities related thereto. Transfer of property. Section 18 . In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such declaration or 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

Page 2106

part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 19 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 20 . 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, 1971, Session of the General Assembly of Georgia, a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965 (Ga. L. 1965, p. 2243, et seq.) and for other purposes. This 14th day of December, 1970. Huie and Harland W. Stell Huie Tom Watson Brown Attorneys for Metropolitan Atlanta Rapid Transit Authority 822 Fulton Federal Building Atlanta, Georgia 30303 Georgia, Clayton County. Personally appeared before the undersigned officer authorized by law to administer oaths, Mrs. Bobbie Gay, who, being duly sworn, deposes and states on oath that she is the Office Manager of the Forest Park Free Press, a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the Woodprint, Inc. is the publisher of the Forest Park Free Press, a newspaper published in the County of Clayton, being of general circulation and being the legal organ of the County of Clayton, and further avers that legal notice, a true copy of which is hereto attached, Intention to Introduce Local Legislation,

Page 2107

was duly published once a week for four weeks as required by law, the dates of publication being December 18, 25, 1970, and January 1 and 8, 1971. /s/ Mrs. Bobbie Gay Sworn to and subscribed before me, this 8th day of Jan., 1971. /s/ Jessie L. Turnipseed, Notary Public, Georgia, State at Large. My Commission Expires Sept. 22, 1973. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1971, Session of the General Assembly of Georgia, a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965 (Ga. L. 1965, p. 2243, et seq.) and for other purposes. This 14th day of December, 1970. Huie and Harland W. Stell Huie Tom Watson Brown Attorneys for Metropolitan Atlanta Rapid Transit Authority 822 Fulton Federal Bldg. Atlanta, Georgia 30303 Georgia, Cobb County. Personally appeared before the undersigned officer authorized by law to administer oaths, Billie Foster, who, being duly sworn, deposes and states on oath that she is the Treasurer of the Marietta Daily Journal, a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the Times-Journal, Inc., is the publisher of the Marietta Daily Journal, a newspaper published

Page 2108

in the County of Cobb, being of general circulation and being the legal organ of the County of Cobb, and further avers that legal notice, a true copy of which is hereto attached, Intention to Introduce Local Legislation, was duly published once a week for four weeks as required by law, the dates of publication being December 18, December 24, December 31, 1970, and January 8, 1971. /s/ Billie M. Foster Sworn to and subscribed before me, this 8th day of Jan., 1971. /s/ Thelma Kemp, Notary Public, Cobb County, Ga. My Commission Expires Oct. 18, 1971. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1971, Session of the General Assembly of Georgia, a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965 (Ga. L. 1965, p. 2243, et seq.) and for other purposes. This 14th day of December, 1970. Huie and Harland W. Stell Huie Tom Watson Brown Attorneys for Metropolitan Atlanta Rapid Transit Authority 822 Fulton Federal Bldg. Atlanta, Georgia 30303 Georgia, DeKalb County. Personally appeared before the undersigned officer authorized by law to administer oaths, J. R. Boatright, who, being duly sworn, deposes and states on oath that he is the

Page 2109

President of the New Era Publishing Co., a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the New Era Publishing Co. is the publisher of the DeKalb New Era, a newspaper published in the County of DeKalb, being of general circulation and being the legal organ of the County of DeKalb, and further avers that legal notice, a true copy of which is hereto attached, Intention to Introduce Local Legislation, was duly published once a week for four weeks as required by law, the dates of publication being December 17, December 24, December 31, 1970, and January 7, 1971. /s/ J. R. Boatright Sworn to and subscribed before me, this 8th day of Jan., 1971. /s/ Jessie L. Turnipseed, Notary Public, Georgia, State at Large. My Commission Expires Sept. 22, 1973. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1971, Session of the General Assembly of Georgia, a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965 (Ga. L. 1965, p. 2243, seq.) and for other purposes. This 14th day of December, 1970. Huie and Harland W. Stell Huie Tom Watson Brown Attorneys for Metropolitan Atlanta Rapid Transit Authority 822 Fulton Federal Building Atlanta, Georgia 30303 Georgia, Gwinnett County. Personally appeared before the undersigned officer authorized by law to administer oaths, Gainer E. Bryan, Jr.,

Page 2110

who, being duly sworn, deposes and states on oath that he is the Editor of the Gwinnett Daily News, a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the The News Co. is the publisher of the Gwinnett Daily News, a newspaper published in the County of Gwinnett, being of general circulation and being the legal organ of the County of Gwinnett, and further avers that legal notice, a true copy of which is hereto attached, Intention to Introduce Local Legislation, was duly published once a week for four weeks as required by law, the dates of publication being December 11, December 18, December 24, 1970, and December 31, 1970. /s/ Gainer Bryan Sworn to and subscribed before me, this 8th day of Jan., 1971. /s/ Janice L. Bullock, Notary Public. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1971, Session of the General Assembly of Georgia, a bill to amend an Act known as the Metropolitan Atlanta Rapid Transit Authority Act of 1965 (Ga. L. 1965, p. 2243, et seq.) and for other purposes. This 14th day of December, 1970. Huie and Harland W. Stell Huie Tom Watson Brown Attorneys for Metropolitan Rapid Transit Authority 822 Fulton Federal Building Atlanta, Georgia 30303 Georgia, Fulton County.

Page 2111

Personally appeared before the undersigned officer authorized by law to administer oaths, Mildred N. Lazenby, who, being duly sworn, deposes and states on oath that she is the Treasurer of the Daily Report Company, a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the Daily Report Company is the publisher of the Fulton Daily Report, a newspaper published in the County of Fulton, being of general circulation and being the legal organ of the County of Fulton, and further avers that legal notice, a true copy of which is hereto attached, Intention to Introduce Local Legislation, was duly published once a week for four weeks as required by law, the dates of publication being December 14, 21, and 28, 1970 and January 4, 1971. Mildred N. Lazenby Sworn to and subscribed before me, this 8th day of Jan., 1971. /s/ Maiodis F. Palmer, Notary Public, Georgia, State at Large. My Commission Expires Jan. 19, 1972. (Seal). Approved March 16, 1971. CITY OF SUMMERVILLECONSOLIDATING CHARTER LAWS. No. 49 (House Bill No. 616). An Act to amend an Act consolidating the laws chartering the City of Summerville in the County of Chattooga and granting a new charter therefor, approved March 28, 1961 (Ga. L. 1961, p. 2658), as amended, so as to change the day for holding city elections; to change the dates for qualifying to run for mayor or councilman; to close a certain portion of a certain street and to transfer the public right, interest and title therein; to repeal conflicting laws; and for other purposes.

Page 2112

Be it enacted by the General Assembly of Georgia: Section 1 . An Act consolidating the laws chartering the City of Summerville in the County of Chattooga and granting a new charter therefor, approved March 28, 1961 (Ga. L. 1961, p. 2658), as amended, is hereby amended by striking section 9 in its entirety and substituting in lieu thereof a new section 9 to read as follows: Section 9. The first election for mayor and councilmen of said city held under this Act shall be held on the second Saturday in December, 1961. At that time there shall be elected a mayor and five (5) councilmen from the city at large. The councilmen shall be designated as councilman seat no. 1, councilman seat no. 2, councilman seat no 3, councilman seat no. 4, and councilman seat no. 5. The mayor and councilman seat no. 1 and councilman seat no. 2 shall take office January 1, 1962, and serve until January 1, 1966, or until their successors are elected and qualified. Councilman seat no. 3, councilman seat no. 4, and councilman seat no. 5 shall take office January 1, 1962, and serve until January 1, 1964, or until their successors are elected and qualified. After the first election to be held in 1961, there shall be a biannual election on the first Saturday in November of each year for the mayor and the councilmen of the City of Summerville whose term expires in said year. All persons elected at such election shall take office on January 1, next following their election and serve for a term of four (4) years, or until their successors are elected and qualified. To be eligible to run for the office of mayor and councilman of said city, a person shall qualify with the city clerk of said city between November 12, 1961, and noon November 28, 1961, for the elections to be held in that year. For the regular biannual elections, a person shall qualify with the city clerk of said city during the period between the first Saturday in October and by 12:00 o'clock noon on the third Saturday in October of each election year. Elections to be held from 7:00 a.m. to 7:00 p.m. at the city hall in Summerville, Georgia. Election of mayor and councilmen. Section 2 . Said Act is further amended by striking from the third sentence of section 10 the words, second Saturday

Page 2113

in December and inserting in lieu thereof the words, first Saturday in November, so that when so amended section 10 shall read as follows: Section 10. In the event that the office of mayor or of councilman of the City of Summerville should become vacant by death, resignation, removal or otherwise, said vacancy shall be filled by an election ordered by the council to take place not more than forty (40) days from the time such vacancy occurs under the same rules and regulations that govern regular elections in said city. The clerk of said city shall cause notice of the holding of such election, and the time and place thereof, to be published once a week for two (2) weeks prior to said election in the newspaper in which the sheriff's advertisements for Chattooga County are published. In the event that such vacancy in the office of mayor occurs within six (6) months preceding the expiration of term of office of said mayor, then in that event, the said vacancy shall be filled by the mayor pro tem for the remainder of the term; and provided, further, in event such vacancy should occur within six (6) months prior to the regular biannual election to be held on the first Saturday in November, then, in that event no special election shall be called or held, and vacancy shall be filled by mayor pro tem, who shall serve until such regular biannual election, and the vacancy shall be filled by election of a mayor for the remainder of the unexpired term. If vacancy occurs in office of councilmen for any reason within six (6) months of regular election no special election is to be called; in the event a majority of the council shall resign, or vacate office then in that event a special election shall be called under the same provisions as provided for vacancies occurring prior to six (6) months of regular election. To be eligible for election in any special election authorized by this section, a person shall qualify with the city clerk not less than ten (10) and not more than twenty (20) days prior to the date of the election. In the event that the council cannot for want of a quorum and any other reason call the elections authorized by this section, it shall be the duty of the Ordinary of Chattooga County to issue the call for the elections. Vacancies. Section 3 . Said Act is further amended by adding a new

Page 2114

section between sections 21 and 22 to be designated section 21A and to read as follows: Section 21A. That portion of land, within the corporate limits of the City of Summerville, known as the Old Dixie Highway and more particularly described as follows: Beginning at a point on the east side of U. S. Highway #27, said point being south 28 43 minutes west 28.3 feet from State Right-of-Way marker; thence south 56 10 minutes east 20 feet to the east side of old Right-of-Way of Dixie Highway; thence in a southwesterly direction 140 feet to the east side of U. S. Highway Right-of-Way; thence north 28 43 minutes east 140 feet to the point of beginning, is hereby closed. All the right, title and interest of the public in said portion of Old Dixie Highway is hereby transferred to the property owners abutting said portions. Portion of Old Dixie Highway closed. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that the undersigned is in response to a request by the mayor and council of the City of Summerville, Georgia, intend to apply to the General Assembly of Georgia at the 1971 session thereof for the passage of a local bill closing that portion of land known as the old Dixie Highway off North Commerce Street beginning at the south terminus of Favor Street and running south 140 feet in length and transferring all of the public right title and interest to the abutting property owner. This 19th day of January, 1971. James H. Floyd Representative from Chattooga County in the General Assembly of Georgia Notice. Notice is hereby given that the undersigned is in response to a request by the mayor and council of the City of Summerville,

Page 2115

Georgia, intend to apply to the General Assembly of Georgia at the 1971 session thereof for the passage of a local bill to change the official election date for City Officials for the City of Summerville from the second Saturday in December as presently set by City Charter to the first Saturday in November, along with necessary requirements as to date of qualification of candidates. This 19th day of January, 1971. James H. Floyd Representative from Chattooga County in the General Assembly of Georgia Notice. Notice is hereby given that the undersigned is in response to a request by the mayor and council of the City of Summerville, Georgia, intend to apply to the General Assembly of Georgia at the 1971 session thereof for the passage of a local bill closing that unopened portion of city street known as Fourth Street located in Maxey Subdivision within the corporate limits of the City of Summerville and transferring all of the public right title and interest to the abutting property owner. This 19th day of January, 1971. James H. Floyd Representative from Chattooga County in the General Assembly of Georgia 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

Page 2116

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 21, January 28, February 4, 1971. /s/ James H. Floyd Representative, 7th District Sworn to and subscribed before me, this 16th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 16, 1971. CITY OF CHATSWORTHCHARTER AMENDEDCORPORATE LIMITS. No. 50 (House Bill No. 773). An Act to amend an Act providing a new charter for the City of Chatsworth, approved August 20, 1923 (Ga. L. 1923, p. 529), as amended, 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 providing a new charter for the City of Chatsworth, approved August 20, 1923 (Ga. L. 1923, p. 529), 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 City of Chatsworth shall be as follows: The City of Chatsworth shall contain all or portions of Land Lots Nos. 157, 167, 168, 192, 193, 194, 203, 204, 205,

Page 2117

228, 229, 230, 231, 238 and 239 in the 9th District and 3rd Section of Murray County, Georgia, and being more particularly described as follows: Corporate limits. Beginning at the point of intersection of the south right-of-way line of U. S. Highway No. 76 and the west original line of Land Lot No. 229 in the 9th District and 3rd Section of Murray County, Georgia; thence running in an easterly direction along and with the south right-of-way line of U. S. Highway No. 76, a distance of 2,000 feet to land of B. F. Babb; thence south with west line of land of B. F. Babb, a distance of 210 feet; thence northeastwardly with south line of land of B. F. Babb, a distance of 210 feet; thence south with west line of land of John Woods and Frankie Woods, a distance of 210 feet; thence northeastwardly with south lines of lands of John Woods and Frankie Woods, Mrs. C. D. Gray, J. E. Cox and Clyde Greeson, a distance of 550 feet to southeast corner of land of Clyde Greeson; thence north with east line of land of Clyde Greeson, a distance of 150 feet to land of Myrtle Heartsell; thence northeastwardly with south line of land of Myrtle Heartsell, a distance of 200 feet to west original line of Land Lot No. 230; thence south on west original line of Land Lot No. 230 and west original line of Land Lot No. 239, a distance of 3,232 feet to the south side of a public road; thence South 89 East with south side of said public road, a distance of 1,085 feet to a point; thence east with south side of said public road to its intersection with U. S. Highway No. 411 and on east a total distance of 1,000 feet to a point; thence north a distance of 620 feet to a point; thence east a distance of 1,520 feet, across Holly Creek and the right-of-way of L. N. Railroad Company to the east right-of-way line of L. N. Railroad Company; thence in a northwestwardly direction with east right-of-way line of L. N. Railroad Company, a distance of 1,460 feet to the south original line of Land Lot No. 231; thence east on south original line of Land Lot No. 231, a distance of 300 feet to a point; thence north with old city limit line, a distance of 1,890 feet to north right-of-way line of Fort Street (U. S. Highway No. 76); thence west with north right-of-way line of Fort Street, a distance of 170 feet to east side of Holly Street; thence north with east side of Holly Street, a distance

Page 2118

of 750 feet to the north original line of Land Lot No. 231; thence west on north original lines of Land Lots Nos. 231 and 230, a distance of 600 feet to east right-of-way line of L. N. Railroad Company; thence in a northeasterly direction along and with the east right-of-way line of L. N. Railroad Company, a distance of 8,350 feet to a point; thence west on straight line, a distance of 450 feet to east original line of Land Lot No. 157; thence north on east original line of Land Lot No. 157, a distance of 983.7 feet to land of Galaxy Carpet Mills, Inc.; thence North 88 45[UNK] West, a distance of 1,041.2 feet to Davis Cemetery; thence south with east line of Davis Cemetery, a distance of 150 feet; thence west with south line of Davis Cemetery, a distance of 150 feet; thence north with west line of Davis Cemetery, a distance of 150 feet to southeast right-of-way line of Spring Place-Eton Road; thence North 88 45[UNK] West, a distance of 1,275 feet to west original line of Land Lot No. 157; thence south with west original lines of Land Lots Nos. 157, 168 and 193, a distance of 5,000.9 feet to Murray County High School property; thence west on centerline of Land Lot No. 192, said line being the north line of Murray County High School property, a distance of 2,500 feet to west original line of Land Lot No. 192; thence south on west original line of Land Lot No. 192, a distance of 1,320 feet to the original southwest corner of said Lot No. 192; thence east on south original line of Land Lot No. 192, a distance of 1,500 feet to the west right-of-way line of `old' Spring Place-Ellijay Road; thence southwestwardly with west side of `Old' Spring Place-Ellijay Road, a distance of 790 feet to a point; thence south across said road and on south with west line of Charles Subdivision, a distance of 1,720 feet to the south side of Virginia Avenue; thence east with south right-of-way line of Virginia Avenue (south line of Charles Subdivision), a distance of 700 feet to west line of Pryor Campbell Heights Subdivision; thence south with west line of Pryor Campbell Heights Subdivision, a distance of 1,700 feet to south right-of-way line of U. S. Highway No. 76; thence east with south right-of-way line of U. S. Highway No. 76, a distance of 150 feet to a point; thence north across said highway and on north with east right-of-way line of Columbus Street, a distance of 560 feet to south side of Bernard Street; thence in an eastwardly direction

Page 2119

with south right-of-way line of Bernard Street, a distance of 464.5 feet to the west original line of Land Lot No. 229; and thence south on west original line of Land Lot No. 229, a distance of 500 feet to the beginning point. Section 2 . Said Act is further amended by striking section 2A in its entirety. 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 1971 Session of the General Assembly of Georgia a bill to annex certain land to the City of Chatsworth and to set out and describe the city limits of the City of Chatsworth, Georgia, and for other purposes, being an act to amend an act of the General Assembly of Georgia, approved August 18, 1923 (Ga. L. 1923, p. 529). This 5th day of Jan. 1971. Thomas J. Turner Representative Dist. No. 3, Post No. 3 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas J. Turner, 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 Chatsworth Times which is the official organ of

Page 2120

Murray County, on the following dates: January 7, 14, and 21, 1971. /s/ Thomas J. Turner Representative, 3rd District Sworn to and subscribed before me, this 23rd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 16, 1971. MURRAY COUNTYBOARD OF EDUCATION MEMBERSREFERENDUM. No. 51 (House Bill No. 774). An Act to provide for the election of members of the Board of Education of Murray County; to provide for all matters relative thereto; 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 Murray County shall be composed of seven members, to be elected as hereinafter provided. For the purposes of electing such members, Murray County is hereby divided into six educational districts. Members. Education District No. 1 shall be composed of Militia District #1807 (Ball Ground), Militia District #972 (Doolittle) and Militia District #825 (Carters). District No. 1. Education District No. 2 shall be composed of Militia District #1291 (Bull Pen) and Militia District #984 (Eighth). District No. 2.

Page 2121

Education District No. 3 shall be composed of Militia District #1013 (McDonald), Militia District #1011 (Cisco), Militia District #1506 (Alaculsa) and Militia District #1713 (Tennga). District No. 3. Education District No. 4 shall be composed of Militia District #874 (Tenth) and Militia District #1039 (Shuck Pen). District No. 4. Education District No. 5 shall be composed of all that area of Militia District #824 (Town) which lies east of Sitton Road as such road presently exists and as it would exist if extended in a straight line along the land lot line which it now runs to the boundary line of Murray County at either end of said road. District No. 5. Education District No. 6 shall be composed of all that area of Militia District #824 (Town) lying west of the aforesaid Sitton Road as such road presently exists and as it would exist if extended in a straight line along the land lot line which it now runs to the boundary line of Murray County at either end of said road. District No. 6. The Board of Education of Murray County shall be composed of one member from each of the education districts created herein and one member from the county at large. Any person offering as a candidate to represent an education district on the board must reside in the district from which he offers, and the member from each district shall be elected by the voters of the entire Murray County School District. The seventh member, from the county at large, shall be elected by the voters of the entire county. County at large member. Section 2 . Immediately 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 Murray County to issue the call for an election for the purpose of submitting this Act to the voters of the Murray County School District for approval or rejection. The Ordinary shall set the date of such election for Monday, May 17, 1971. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately

Page 2122

preceding the date thereof, in the official organ of Murray County. The ballot shall have written or printed thereon the words: YES [] NO [] Shall the Act changing the method of electing members of the Board of Education of Murray County, so as to provide for the election of the member from each education district by the voters of the entire Murray County School District be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Murray 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 Legislation. Notice is hereby given that there will be introduced at the regular 1971 session of the General Assembly of Georgia a bill to change the method of electing members of the Board of Education of Murray County; to provide for a referendum; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes. This 27th day of Jan., 1971. Tom Turner Representative, 3rd District Georgia, Fulton County.

Page 2123

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas J. Turner, 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 Chatsworth Times which is the official organ of Murray County, on the following dates: January 28, February 4 and February 11, 1971. /s/ Thomas J. Turner Representative, 3rd District Sworn to and subscribed before me, this 23rd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 16, 1971. AUGUSTA-RICHMOND COUNTY GOVERNMENTREFERENDUM. No. 53 (Senate Bill No. 304). An Act to unify the governmental and corporate functions of The City Council of Augusta with the governmental and corporate functions of Richmond County, pursuant to Constitutional power granted by Article XI, Section I, Paragraph VII of the Constitution of Georgia of 1945, as amended, creating a single county wide government which supersedes and replaces the governments of The City Council of Augusta and of the County of Richmond; to provide for the name of the Unified Government; to constitute the Unified Government a political subdivision of the State, a body politic and corporate vested with all governmental corporate rights, powers, duties, authorities, privileges, and functions held by and vested in The City

Page 2124

Council of Augusta and Richmond County, and to provide other and additional powers, authorities and functions; to grant specific powers, to provide for the territorial limits embraced within the jurisdiction of the Unified Government; to provide for Services and Taxing Districts; to prescribe the powers, duties and functions of the Unified Government within Services Districts; to provide and prescribe procedures for the expansion of Services Districts and the establishment of new and additional Services Districts; to designate the area comprising the Initial Urban Services District; to constitute the Services Districts tax districts within which taxes may be levied, assessed and collected according to the kind, type and character of services rendered, and may vary in any district from that in another district; to exclude from the operation of this Act municipalities in Richmond County other than The City Council of Augusta; to provide the tort liability of the Unified Government within the different Services Districts; to constitute the Unified Government a municipality and a county, except where laws applicable to counties and municipalities conflict; to provide that the General Services Districts and Special Services Districts to be considered a county and the Urban Services Districts a municipality; to provide for the issuance of executions; to provide for division between the Executive, Legislative and Judicial branches of the Unified Government and to prescribe the powers, duties, authorities and functions of each; to provide for a Chairman, provide for his election, prescribe his title, qualifications, term of office, compensation, and define his duties, authorities and functions; to provide for an Administrative Assistant, prescribe his qualifications, method of employment, term of office, compensation, and define his duties, authorities and functions; to provide for a Commission, prescribe its meetings, specify quorum, define its powers, duties, authorities, procedures and functions; to enumerate Commission Districts and provide to reapportionment; to provide for the Office of Commissioner, prescribe qualifications for the office, method of election, term of office, compensation, payment of expenses, oath of office, filling of vacancies in the office; to provide for the office of Chairman Pro-Tem; provide for his election

Page 2125

and term of office; to provide for adoption of Ordinances and Resolutions, and defining effective date and to prescribe the procedure for adoption, recordation, authentication, publication and codification of Ordinances; to provide for the Office of Clerk of Commission, prescribe his duties, authorities and functions; to provide for the Office of Internal Auditor, prescribe the qualifications for the office, and define his duties, authorities and functions; to provide for an independent post audit; to vest Commission with power to conduct investigations, subpoena witnesses and to prescribe punishment for contempt; to create administrative and functional departments, division and agencies, and to prescribe the duties, authorities and functions thereof; to provide for department heads, and prescribe their qualifications, method of appointment, removal, terms of office, powers, duties, authorities and functions; to provide for continuance in existence of the Augusta-Richmond County Board of Tax Assessors, established by the Act of the General Assembly (Ga. L. 1969, pp. 2514-2521) except that where the Act establishing said Board refers to the municipality of the City of Augusta and Richmond County, same shall be construed to mean the Unified Government and references therein to the governing bodies of the City of Augusta and Richmond County shall be construed to mean Commission of Augusta-Richmond County; to constitute the said Board of Tax Assessors, the Division of Revenue Assessment; to provide for the Commission to make all appointments provided under section 3 of said Act (Ga. L. 1969, pp. 2514-2521) and to designate the office of Chief Tax Appraisor, Director of the Division of Revenue Assessment whose duties shall be as specified by the Commission; to provide that the Richmond County Department of Health, created by the Act of the General Assembly of Georgia (Ga. L. 1931, pp. 660-673) and all laws pertaining thereto shall continue unaffected except that the relationship and status heretofore obtained between said Board and Richmond County and The City Council of Augusta shall henceforth be held, enjoyed and exercised by the Unified Government, and the powers, rights, functions and authorities by the Mayor or the Chairman of the governing authority of Richmond

Page 2126

County shall henceforth be exercised and performed by the Chairman of the Unified Government, and those powers, functions, duties and benefits formerly enjoyed and exercised by the Council of The City Council of Augusta or the governing body of Richmond County shall be enjoyed, exercised and performed by the Commission of the Unified Government; to provide for continuation of the Hospital Authority of Richmond County, redesignated the Augusta-Richmond County Hospital Authority with the status, relationship, rights, duties, authorities, privileges and obligations of Richmond County vested in the Unified Government; to provide that the Department of Family and Children ServicesDivision for Children and Youth, and the Richmond County Youth Development Center not be affected except for the relationship and status with and the rights, powers, privileges, functions, duties and obligations transferred from Richmond County to the Unified Government; to provide for the continuation of the Augusta-Richmond County Planning Commission and constitute it the Division of Planning; to provide for the continuation of the Housing Authority of the City of Augusta and constitute it the Division of Housing; to provide for the continuation of the Augusta-Richmond County Transportation Authority and constitute it the Division of Mass Transit; to provide for the continuation of the Richmond County Industrial Development Authority and constitute it the Division of Industrial Development; to establish a fiscal year and provide for budgeting and financial matters, including audits, preparation, adoption, amendment and scope of budgets and appropriations; to provide for the assessment, levy and collection of taxes; to provide for application and allowance of homestead exemption; to provide for issuance of bonds and prescribe uses of bond proceeds; to provide that all outstanding general obligation bonds of The City Council of Augusta shall be paid from taxes or other revenues collected in the Urban Services Districts, and outstanding general obligation bonds of Richmond County to be paid from taxes and other revenue collected in the General Services Districts; to continue in full force and effect all revenue bonds issued; to provide for preservation of existing pension and retirement rights and other

Page 2127

rights and benefits of employees; to establish new pension and retirement system and merging of existing systems; to establish merit service for employees with specified exemptions and define employment policy; to provide for promulgation of personnel rules and regulations; to provide for establishment of plan for classification and grading and plan for pay for all positions in the merit service; to create a personnel review board, prescribe its membership, organization and specify its duties and functions; to provide procedure for bringing charges against employees and holding hearing thereon; to exempt from the operation of the Act Courts of Justices of the Peace, Notaries Public, Ex-Officio Justices of the Peace, Court of Ordinary, Municipal Court of the City of Augusta, State Court of Richmond County, Juvenile Court and Superior Court of Richmond County, the offices, officers, judges, functions, jurisdictions, procedures and proceedings, organization, practices, authorities and status thereof; to exempt from the operation of the Act the Coroner of Richmond County; to enlarge the duties of Sheriff of Richmond County; to preserve retirement and pension rights of the Sheriff and Deputy Sheriffs under Peace Officers Annuity and Benefit Fund; to redesignate Recorder's Court Recorder's Court of Augusta-Richmond County; to provide for continuation of the Recorder, Assistant Recorder, and Clerk of Recorder's Court; to define the jurisdiction, duties and powers of the Recorder's Court and provide for establishment of rules, governing sessions of the Court; to provide for certiorari for convicted persons, method of appointment of Recorder, Assistant Recorder, and Clerk of Recorder's Court, and terms of office, qualifications; to provide for an Acting Recorder in the absence of the Recorder or Assistant Recorder; to prescribe the duties of the Clerk of Recorder's Court; to prescribe oath of office for Recorder and Assistant Recorder; to abolish the office of Tax Commissioner and transfer duties and functions to Department of Finance; to abolish office of Treasurer and provide for assumption of his duties by Department of Finance; to provide for elections to be conducted in accordance with the Georgia Municipal Election Code; to provide who may vote; to specify date and intervals for

Page 2128

general elections; to prescribe date for assumption of offices; to provide Code of Ethics for officers and employees, and penalties for violation thereof; to require disclosure of financial interests which officials may have in any matter before the Unified Government; to render voidable contracts with Unified Government in which elected official has an interest; to impose restrictions upon the use of public property and political activities of certain officers and employees; to provide for interpretation of words and phrases; to provide for fidelity bonds of officers and employees and method of approval; to vest title to all fees, commissions, emoluments and perquisites of any public office in Unified Government; to provide for action required of officers to be performed by deputies; to provide that Unified Government have the power and authority to participate in, cooperate in, and take all necessary action with respect to any and all projects, programs and undertakings authorized by any State or Federal Statute, rule or regulation, or any department or agency thereof; to borrow money, issue notes, general bonds, revenue bonds or a combination thereof, and to execute mortgages or deeds of trust as security therefor; to provide that Unified Government is eligible to have, hold, enjoy and be entitled to any assistance, credits, benefits, moneys, grants, grants in aid, funds, loans, and appropriations and matching funds that a municipality or county may receive under any federal or state law; and to provide that whenever funds are distributed on basis of population, total population of Augusta-Richmond County shall be used; to provide for issuance of public utility franchises and to continue in effect existing franchises granted by Richmond County or by The City Council of Augusta; to exempt from the operation of this Act any electrical utility located and functioning in Richmond County under section 2, paragraph 8 of the Electric Membership Corporation Act (approved March 30, 1937, Ga. L. 1937, p. 644), as amended; to provide that officers, boards, authorities, commissions and agencies not under direct control of the Unified Government which receive appropriations from Unified Government to submit budgets; to provide for amendment of Charter; to provide that provisions are severable and determination

Page 2129

of provision to be void, not affect the validity of other provisions; to repeal the Act of the General Assembly approved February 15, 1952 (Ga. L. 1952, pp. 2771-2786) amending the City Charter of the City Council of Augusta so as to create a Board of Civil Service Commission, prescribe the qualifications, powers, and duties of said Board and its members, prescribe rules and regulations governing said Board, methods of election and removal of Board members, prescribe rules and regulations governing police and firemen and for other purposes; to provide for continuation in force of certain ordinances, resolutions, by-laws of The City Council of Augusta, with the legal effect of ordinances of the Unified Government until repealed, modified or amended; to provide for continuation of certain resolutions of Richmond County with the legal effect of ordinances of the Unified Government until repealed, modified or amended; to vest all property of The City Council of Augusta and Richmond county in the Unified Government; to continue all obligations under contract, trusts, leases, bonds, orders, or other instruments as obligations and rights of the Unified Government; to vest all interests in pending litigation to which The City Council of Augusta or Richmond County is a party in the Unified Government, and to provide that causes proceed unabated and that the Unified Government stand as the substituted party; to make all permanent employees of The City Council of Augusta and Richmond County and any departments, boards, authority, commission, office or agency thereof, employees of the Unified Government; and to make employees eligible for merit service, automatically members of merit service without examination; to provide for supplemental appropriations; to provide for the holding and conduct of elections; to provide for the employment of the incumbent Tax Commissioner, and Treasurer; to provide for special powers during period of transition from former governments to Unified Government; to provide for cooperation and assistance by all officers and elected officials of The City Council of Augusta and Richmond County to and with officers and officials of Unified Government in organizing and transferring functions, duties and responsibilities; to provide for defense of litigation contesting

Page 2130

legality of Charter, employment of counsel to uphold validity of Charter; to provide for the effective date of Charter for the purpose of electing officials and date for other purposes; to provide for referendum; to define Commission Districts; to repeal all laws and parts of laws in conflict herewith and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: ARTICLE I . GENERAL PROVISIONS . Section 1.01. Unification of County and City: Creation of Augusta-Richmond County Government . The governmental and corporate functions heretofore vested in The City Council of Augusta, a municipal corporation created by Act of the General Assembly of Georgia, assented to January 13, 1798, as amended, are hereby unified with the governmental and corporate powers, duties, and functions of Richmond County. Such unification is made pursuant to constitutional power granted by Article XI, Section 1, Paragraph VII, of the Constitution of Georgia 1945, as amended, particularly by an amendment ratified at the general election held on November 5, 1968 (Ga. L. 1968, p. 1787 et seq.). Such unification creates a single countywide government with powers and jurisdiction throughout the territorial limits of Richmond County, which single government supersedes and replaces the governments of The City Council of Augusta and of the County of Richmond, is a new political entity to be known by the name of Augusta-Richmond County' (hereinafter sometimes referred to as the Unified Government). Section 1.02. Boundaries . The territory embraced in and under the jurisdiction of the Unified Government shall be the total area of Richmond County, as established at the time this Charter becomes effective; provided, however, such limits may be altered and changed from time to time, as provided by the Constitution and laws of the State of Georgia pertaining to counties.

Page 2131

Section 1.03. Services and Taxing Districts Established . The Unified Government shall have a General Services District, one or more Urban Services Districts, and may have one or more Special Services Districts, as to all of which the Unified Government shall have jurisdiction and authority. Such Services Districts are hereby constituted tax districts within which taxes shall be assessed, levied, and collected by the Unified Government in accordance with the kind, character, type, degree, and level of services provided by said Government within said services districts and the rate and manner of taxation may vary in any one district from that in another district or other districts. The duties, liabilities and services of the Unified Government may vary in any district from that in another or other districts, as provided by ordinance. Section 1.04. Functions within Services Districts; Creation Expansion of Services Districts . A. General Services District . The Unified Government may exercise those rights, powers and perform those functions and furnish those services, within its General Services District, which have previously been possessed, exercised, performed, and furnished by The City Council of Augusta or by Richmond County, or both, and shall supply the residents of the General Services District with those services which are now, or hereafter may be, furnished customarily by a county government in a county-wide area. B. Urban Services Districts . The Unified Government may exercise those rights, powers and functions and furnish those services, within its Urban Services Districts, which have previously been possessed, exercised or furnished by The City Council of Augusta or Richmond County, or both, and shall supply the residents of the Urban Services Districts with those services which are now, or later may be, furnished customarily by a municipal corporation within the corporate limits of a municipality. C. Special Services Districts . The Unified Government may, by ordinance, create, outside the Urban Services Districts, one or more Special Services Districts for the purpose

Page 2132

of furnishing or performing one or more of such services as are furnished within the Urban Services Districts. D. Establishment of Special Services Districts . When the Commission finds that any area outside of an Urban Services District requires or is being furnished a higher level of services than those provided in the General Services District, it may adopt a resolution which shall contain the following: (1) A statement of the findings; (2) A delineation of the area to which such findings apply; and (3) A specification of the additional functions and services required by such area. The area described in the resolution may consist of parts which are not contiguous. The additional functions and services shall be limited to such additional or higher levels of services, or some portion or degree thereof, furnished in Urban Services Districts. Upon the adoption of the resolution, the area described therein shall be constituted a Special Services District with the purposes, functions, and services specified in the resolution. Such Special Services District shall become a tax district and shall be subject to additional taxes for, and commensurate with, the additional services provided therein. Such additional taxes shall be levied each year, commencing with the fiscal year, following the extension of the additional services into the newly created Special Services District. E. Additional Functions and Services . Nothing in this Section shall be deemed to limit the power of the Unified Government to exercise, furnish, or provide other functions and services in either the Urban Services Districts, the General Services District, or any Special Services Districts. F. Discontinuance of Functions and Services . Nothing in this Section shall be construed to require the continued maintenance or furnishing of any functions or services

Page 2133

which the Unified Government, by ordinance, may determine to be obsolete or unnecessary. Section 1.05. Area Comprising the General Services District . The entire area of Richmond County as it is presently constituted, or as it may from time to time be altered or changed in a manner agreeable to law, shall constitute the General Services District. Section 1.06. Area Comprising the Initial Urban Services District . The entire area encompassed within the corporate limits of The City Council of Augusta, as the same existed on the first day of January, 1970, is hereby constituted the Initial Urban Services District. Section 1.07. Altering Urban and Special Services Districts . Except as otherwise provided by this Charter, Urban Services Districts and Special Services Districts of the Unified Government may be abolished, created, expanded, merged, consolidated, altered, or reduced only by ordinance duly adopted by the Commission under such general rules, procedures, regulations, requirements, and specifications as established by the Commission; provided, however, no new Urban or Special Services Districts may be abolished, created, expanded, merged, consolidated, altered, or reduced without providing an opportunity for citizens of Augusta-Richmond County to be heard thereon. A notice of a public hearing on the proposed abolition, creation, expansion, merger, consolidation, alteration, or reduction of an Urban Services District or Special Services District shall be published in one or more newspapers of general circulation in Augusta-Richmond County once each week for at least two successive weeks prior to the date of the hearing, with at least six (6) days interval between the publication of the notices. Such rules and regulations shall set forth the manner and method for abolishing, creating, expanding, merging, consolidating, altering, or reducing Urban and Special Services Districts, requirements for defining functions and policies for rendering services, changes in levels of services within existing services districts, transferring territory from one such services district to another, and requirements for defining boundaries of such services districts.

Page 2134

Section 1.08. Other Municipalities Not Affected . Nothing contained in this Charter shall be construed so as to affect the status of any incorporated municipality located within Richmond County, other than The City Council of Augusta; and the status of relationship that any such incorporated municipality bears to Richmond County and The City Council of Augusta, prior to the adoption of this Charter, shall continue to the same extent with the Unified Government. Section 1.09. Tort Liability in General, Urban, and Special Services Districts . The tort liability of Augusta-Richmond County in Urban Services Districts shall be that of a municipality, and in the Special Services Districts and the General Services District, excluding that portion constituting the Urban Services Districts, the tort liability of Augusta-Richmond County shall be that applicable to counties. Section 1.10. Conflict of Laws . For all purposes of the general law, the Unified Government shall constitute both a municipality and a county. If the general law applicable to municipalities and counties is in conflict, the Urban Services Districts shall be considered to be a municipality and the Special Services Districts and General Services District, excluding that portion constituting the Urban Services Districts, shall be considered to be a county. Section 1.11. Executions Generally . Whenever any tax or special assessment is authorized or empowered to be levied or imposed by this Charter, and such is not paid within the time specified by the Commission, and no specific provision is elsewhere provided in this Charter for its collection, the Director of Finance shall issue execution in the name of Augusta-Richmond County against such person, firm, or entity liable therefor, or property subject thereto, for such sums as may be due with interest at the legal rate from due date, and penalties and costs, and Augusta-Richmond County shall have the right to enforce payment of such execution by levy and sale, as in the case of county taxes, and the purchaser at such sale shall acquire such title and rights as a purchaser at a sale for county taxes.

Page 2135

ARTICLE II . POWERS OF AUGUSTA-RICHMOND COUNTY . Section 2.01. Corporate Powers . The Unified Government shall be a single body politic and corporate. The Unified Government shall be a political division of the State of Georgia and a municipal corporation; shall have perpetual succession; may adopt a common seal; shall, without the necessity or formality of a deed, bill of sale, or other instrument of transfer, own, possess, and hold all of the properties (of whatever kind or nature), contracts, franchises, assets, things, rights, privileges, immunities, real and personal property owned, possessed, enjoyed, or held by The City Council of Augusta and Richmond County on the effective date of this Charter, and by the name of Augusta-Richmond County shall be capable of suing and being sued, pleading and being impleaded when authorized by this Charter and by the Constitution and laws of the State of Georgia. Section 2.02. Grants of County and Municipal Powers . In addition to the powers and authorities herein granted, the Unified Government shall have and be vested with, to the same extent as if herein repeated in this Charter, all of the governmental and corporate rights, powers, authorities, duties, functions, privileges, and immunities that The City Council of Augusta or Richmond County, or both, has or have under the Constitution and general and special laws of Georgia at the time of the adoption of this Charter, except as modified or repealed in this Charter. For the purposes of determining the applicability of general laws of local application, through classification by population, and enacted subsequent to the adoption of this Charter, the Unified Government shall be deemed to be a municipal corporation and not a county. The Unified Government, in addition to the rights, functions, powers, privileges, and immunities expressly conferred upon it by this Charter, shall have the right, function, power, privilege and authority to exercise and enjoy all other powers, duties, functions, rights, privileges, and immunities

Page 2136

necessary and proper to promote or protect the safety, health, peace, security and general welfare of said government and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this Charter as fully and completely as if such powers were fully enumerated herein; and to do and perform all of the acts pertaining to its local affairs, property and government which are necessary or proper in the legitimate exercise of its corporate powers and governmental duties, and authorities that may now be vested in, or that may hereafter be granted to counties or municipal corporations, or both, by the Constitution of the State of Georgia and by the laws of the State of Georgia. The enumeration of any right, power, privilege, authority or immunity hereinafter made shall not be construed as limiting or abolishing any right, power, privilege, authority or immunity set forth in this Charter. The repeal of any law under which the Unified Government derives any right, power, privilege, authority, or immunity except by amendment of this Charter, as herein provided, shall not be construed as limiting or abolishing any such right, power, privilege or authority set forth in this Charter. Section 2.03. Specific Powers . The Unified Government shall have power and authority: (1) To assess, levy, and collect taxes upon all property except property exempt from taxation by the Constitution and laws of the State of Georgia. (2) To assess, levy, and collect taxes and license fees upon all privileges, occupations, trades, and professions taxable under the Constitution and laws of the State of Georgia, and to license and regulate the same as permitted or authorized by the Constitution and laws of the State of Georgia. (3) To make appropriations for the support of the Unified Government, for any other purpose authorized by this

Page 2137

Charter, and for any purpose for which a county or municipality is authorized to make appropriations by the Constitution and laws of the State of Georgia, and to provide for the payment of the debts and expenses of the Unified Government and the debts and expenses of the county and municipality of which it is the successor. (4) To borrow money for governmental purposes subject to any limitations imposed by the Constitution and laws of the State of Georgia. (5) To grade, pave, or otherwise improve streets and roads within Augusta-Richmond County; to install curbing, gutters, and drainage system; to renew and repair any pavement now laid or that hereafter may be laid; to assess the cost thereof; or such portion thereof as may, by ordinance, be determined, against the abutting property which assessments shall constitute liens against such property. (6) To purchase, lease, construct, grant, and obtain options on, maintain, or otherwise acquire, hold and operate any building or other property, real or personal, or mixed, for the use and benefit of the Unified Government in such manner and upon such terms as the Commission shall determine. (7) To provide and maintain a system of retirement and pensions for officers and employees of the Unified Government and the former governments to which it is the successor. (8) To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the Unified Government and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose. (9) To establish, organize, maintain, equip, staff and operate a Police Department and train its personnel for the purpose of providing for the safety and protection of the public and enforcement of the ordinances and regulations of the Unified Government, enforcement of the criminal

Page 2138

laws of the State of Georgia and of the United States of America, including apprehension of and detention of fugitives and other violators of such ordinances and laws. (10) To establish, organize, maintain, equip, staff and operate a Fire Department and to train its personnel for the purpose of providing fire protection within the Urban and Special Services Districts; and to enter into contracts for the furnishing of fire protection outside the Urban Services Districts. (11) To establish, maintain and operate facilities for the confinement, detention, and rehabilitation of persons convicted of the violation of the ordinances of the Unified Government and criminal laws of the State of Georgia. (12) To provide for, or aid in the support of, public libraries and museums. (13) To make and enforce zoning regulations. (14) To regulate the erection, alteration, and construction of buildings and all other structures; to adopt building, housing, plumbing, gas, electrical and other codes; to regulate, by license or otherwise, all building trades; and to grant permits for the construction, alteration, and erection of buildings and all other structures. (15) To establish fire districts or zones and building zones; to establish fire prevention codes and to enforce the same. (16) To provide for the destruction and removal of any building or other structure which may be, or might become, dangerous or detrimental to the public. (17) To grant franchises and fix the fares or rates to be charged for the transportation of persons or property by any vehicle held out to the public use for hire within the area of the Unified Government; to require indemnity bonds issued by surety companies, or indemnity insurance policies to be filed by the owner or operator of such vehicle

Page 2139

for the protection of any person against loss, by injury to person or property; and to make regulations with respect to the operation of such vehicles. (18) To grant franchises and rights-of-way through streets and roads and other public property. (19) To regulate the operation of all vehicles and exercise control over all traffic, vehicular and pedestrain; including parking, on and under the public streets, roads, alleys, and walkways of the Unified Government. (20) To provide for the inspection and measuring of any product sold or delivered within the territorial limits of the Unified Government, and to provide standards of quality for food products offered for human consumption. (21) To provide for the creation, maintenance, building or purchase, and operation of waterworks, transportation facilities, public airports, system of canals, and any other public utility including, but not limited to, sewers and a sewage disposal system; to fix such rates and provide for the making of such charges and assessments as are deemed necessary for the proper furnishing of such services, and to provide for penalties and withdrawal of service for refusal or failure to pay such charges; provided, however, such penalties and withdrawal of service shall be against only the person in whose name the account stands. (22) To lay out, open, extend, widen, narrow, establish or change the grade of, abandon and 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 Unified Government, and regulate and control their use. (23) To provide for the prevention and regulation (where appropriate) of vice, obscenity, immorality, dissemination and distribution of pornography, vagrancy, drunkenness, riots, disturbances, disorderly houses, bawdy houses, gambling and gambling houses, lewd exhibitions, disorderly conduct, the carrying of concealed weapons, and breaches of the peace.

Page 2140

(24) To regulate junk dealers; pawn shops; the manufacture, sale or transportation of intoxicating beers, wines, liquors or other intoxicating beverages; the use and sale of firearms and ammunition, and the use and sale of firecrackers and fireworks; to regulate the transportation, storage and use of combustible, explosive and flammable materials; the use and sale of lighting and heating equipment; and any other commodity product, business, or situation which may be dangerous to persons or property. (25) To acquire, own, maintain, and operate public parks, playgrounds and other recreation facilities; and to equip and improve them with all suitable devices, buildings, and other structures. (26) To collect and dispose of garbage, junk, and other refuse; and to regulate the collection and disposal of garbage, junk and other refuse by others. (27) 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 received therefor, or for services to be received and payments to be made therefor. (28) To establish and collect service charges to defray installation costs and operating expenses incurred in furnishing, beyond the Urban Services Districts, services which are a function of the Urban Services Districts. (29) To exercise the power of eminent domain for any public purpose. (30) To prevent, abate, and remove nuisances. (31) To provide for the protection of children and animals, and to prevent either from being subjected to cruel treatment. (32) To create, alter, or abolish departments and divisions thereof, boards, offices, authorities, commissions and agencies; and to confer upon them the necessary and appropriate

Page 2141

authority for carrying out all of the powers conferred upon or delegated to them. (33) To determine such offices for which bond shall be required and the amount thereof. (34) To regulate the emission of smoke or other exhausts which pollute the air. (35) To regulate, tax, license, or suppress the keeping and going at large of animals, including domestic fowls; to impound them and, in default or redemption, to destroy or sell them. (36) To prevent the pollution of natural streams which flow within the territorial limits of Augusta-Richmond County. (37) To provide penalties for violations of any ordinances adopted pursuant to the authority of this Charter. (38) To provide for the redevelopment and rehabilitation of blighted, deteriorated, or dilapidated areas. (39) To provide for the redevelopment and rehabilitation of areas, sites, or structures (locally, statewide, or nationally) significant in American architecture, archeology, history or culture. (40) To establish, maintain and operate public hospitals, sanatoria, convalescent homes, clinics, and other public institutions, homes and facilities for the care of children, the sick, the mentally deficient, the aged and destitute. (41) To grant exclusive franchises and rights-of-way through and over streets, roads, and bridges to private fire fighting companies (without regard to the type of entity) within the defined geographical limits of the General and Special Services areas for the purpose of providing fire protection to the residences of such areas. (42) To create, operate, and maintain proprietorship or

Page 2142

enterprise activities of the Unified Government, for which charges may be assessed and revenues collected. (43) To improve or preserve the navigation of the Savannah River within the territorial limits of Augusta-Richmond County; to erect, repair, regulate, and operate the public docks, wharves, landings, and stationary anchorage thereat, and to fix rates of use thereof. (44) To adopt ordinances necessary for the health, convenience, safety, and general welfare of the inhabitants; and to carry out the full intent and meaning of this Charter as fully as if specifically authorized herein. (45) To establish, own, maintain, acquire and operate, within the territorial limits of Augusta-Richmond County, a transportation system or systems (viz: water, aerial, vehicular, rail or subway, or a combination thereof) for the transportation of passengers. Section 2.04. Construction . The powers of the Unified Government shall be construed liberally in favor of the Unified Government. The specific mention of, or failure to mention, particular powers in this Charter shall not be construed as limiting, in any way, the general power of the Unified Government as stated in this Article. It is the intention hereof to grant to the Unified Government full power and right to exercise all governmental authority necessary for the effective operation and conduct of the Unified Government, within its territory, and for the conduct of all of its affairs. Section 2.05. Division of Powers . A. Policy and Intent . The powers of the Unified Government shall be divided among the legislative, executive, and judicial branches of the Unified Government. No power belonging to one branch of the Unified Government shall be exercised by either of the other branches, except as expressly provided in this Charter. B. Allocation of Powers and Duties . Where the Unified Government has any power or duty, and the responsibility

Page 2143

for the exercise of such power or the performance of such duty is not fixed by this Charter or by general law, the power or duty shall be exercised or performed as follows: All powers and duties of the Unified Government which are legislative in nature shall be exercised or performed by the Commission. All powers and duties which are executive in nature shall be exercised or performed by the Chairman or such other executive officer of the Unified Government as the Chairman may designate, except as otherwise specifically provided herein. All powers and duties of the Unified Government which are judicial in nature shall be exercised and performed by the Courts, as provided in this Charter, the Constitution of the State of Georgia and the general laws of the State of Georgia, except to the extent that judicial functions are, by law, vested in and required of the Commission. ARTICLE III . THE COMMISSION . Section 3.01. Commission Created . The legislative authority and power of the Unified Government shall be vested in the Commission of Augusta-Richmond County, herein sometimes called the Commission, which shall have the authority and functions of the governing bodies of The City Council of Augusta and County of Richmond on the day prior to the effective date of this Charter, with such exceptions and such additional authority and functions as may be provided by this Charter, the Constitution and the laws of the State of Georgia. Section 3.02. Commission Membership; Terms of Office . The Commission shall consist of the Chairman, who may also be known as Mayor, and sixteen commissioners, of whom twelve shall be known as district commissioners and four shall be known as commissioner-at-large. The terms of commissioners shall be four years and until their successors are elected and qualified commencing on the first Monday after the first day of January next following their election.

Page 2144

Each Commissioner's Post shall be numbered. The district posts shall be designated respectively as Post No. 1 through Post No. 12, such numbers to correspond with the numbering of the respective Commission districts created by this Charter, and the commissioners-at-large posts shall be designated respectively as Post No. 13, Post No. 14, Post No. 15, and Post No. 16. Section 3.03. Reapportionment of Commission Districts . The Commission districts shall be reapportioned after each decennial United States census by amendment to this Charter, duly enacted by the General Assembly of the State of Georgia. Section 3.04. Qualifications . A commissioner shall be a citizen of the United States, shall have been a resident and qualified elector of Augusta-Richmond County for at least two years prior to the date of his election, and shall be at least twenty-one years of age when elected to office. In addition to such qualifications, a district commissioner shall have been a resident of the area comprising the district from which elected for a period of at least one year prior to the date of his election and shall continue to reside therein during his term of office. Any commissioner who removes his residence from Augusta-Richmond County, in the case of a district commissioner from the district from which elected, shall thereby vacate his office. No person holding the office of commissioner shall, during the term of office for which he is elected, hold any other elective public office or position of employment within the Unified Government; except that, however, a commissioner may hold the office of Chairman, provided that he resign his office of commissioner prior to becoming a candidate for the office of Chairman. Section 3.05. Compensation; Expenses, and Procedures for Handling . The annual salary of commissioners shall be Three Thousand Six Hundred ($3.600.00) Dollars; provided, however, such compensation may be increased or decreased by ordinance adopted by the Commission. Each commissioner shall receive the same salary and no

Page 2145

increases or decreases in the annual salary of commissioners shall become effective until the date of the commencement of the terms of offices for commissioners elected at the next regular election following such increase or decrease. The Commission shall, by ordinance, establish a policy for reimbursement of the actual and necessary expenses incurred by its members in the performance of their official duties. Section 3.06. Vacancies . Unless otherwise provided in this Charter, all vacancies in elected offices shall be filled by a majority vote of the entire membership of the Commission for a period to extend until the next Unified Government general election, at which time the office shall be filled by popular vote, in an at-large or district election, as the case may be, for the remainder of the unexpired term. Section 3.07. Chairman Pro-Tem . The Commission shall elect a Chairman Pro-Tem, from its own membership, who shall serve as such for a period of two years or until the Commission may, by ordinance, prescribe. Section 3.08. Oath of Office; Meetings; Quorum; Voting, Rules of Procedure . The members of the Commission, before entering upon their duties, shall take and subscribe to the following oath: I do solemnly swear that I will well and truly perform the duties of Commissioner of Augusta-Richmond County, and will, to the best of my ability, promote the general welfare and the common interests of the inhabitants of Augusta-Richmond County; enforce the ordinances and resolutions of the Unified Government and support and defend the Charter thereof, as well as the Constitution of the State of Georgia and of the United States of America. So help me God. The Commission shall hold regular meetings at least twice monthly at such day and time as it shall determine. Special meetings of the Commission may be held as determined by the Commission. Special meetings may be called

Page 2146

either by the Chairman or a majority of the Commissioners, and upon twenty-four hours written notice thereof to each member. Notice of special meetings shall be provided in the following manner: (a) Such notice is posted in the United States mails, properly addressed, to the intended recipient, with adequate postage thereon to assure delivery at least twenty-four hours in advance of the time for such meeting; or (b) Such notice is delivered personally to, or delivered to and left at the place of residence of, the intended recipient not less than twenty-four hours in advance of the time for such meeting. The Chairman and, in his absence or incapacity or upon his refusal to act, the Chairman Pro-Tem, shall preside as Chairman of all meetings of the Commission and participate in deliberations. In the event both the Chairman and Chairman Pro-Tem are absent, incapacitated or refuse to preside at a meeting, the Commission may elect from its members another to serve as temporary Chairman for the purpose of presiding at such meeting. The Chairman Pro-Tem and temporary Chairman shall be entitled to vote upon all matters acted upon at any meeting at which they preside. A majority of the membership of the Commission shall constitute a quorum for the transaction of business, but less than a quorum may adjourn a meeting for lack of a quorum to a specified time. All appointments, elections and confirmations by the Commission shall be viva voce and this vote recorded by the Clerk of Commission in the official journal. No commissioner may assign or otherwise extend his vote to another commissioner, nor may any commissioner assume the privileges of another's vote. Abstentions by commissioners from voting are permissible so long as record of each abstention is recorded by the Clerk of Commission in the official journal.

Page 2147

The Commission may establish and amend, from time to time, its rules of procedure, except for those procedures established by this Charter. Section 3.09. Authority of Commission . The Commission is authorized to legislate with respect to the powers of the Unified Government granted herein, except as otherwise provided in this Charter; and, by ordinance, to provide for the organization, conduct, and operation of all departments, boards, commissions, offices, and agencies of the Unified Government when the same has not been provided for by this Charter, and to authorize such departments, boards, commissions, offices, and agencies to promulgate rules or regulations within their respective jurisdictions, subject to the standards set by the Commission, and to take effect when filed with the Clerk of Commission in accordance with the procedures established by the Commission, and subject to review and revisions by the Commission. In the exercise of its powers, the Commission shall adopt and provide for the execution of such ordinances, rules, and regulations not inconsistent with this Charter, as may be necessary or proper for the purpose of carrying into effect the powers conferred by this Charter and for the promotion and protection of the safety, health, peace, security, and general welfare of the inhabitants of the Unified Government and may enforce such ordinances, rules, and regulations by imposing penalties for violations thereof by a fine not exceeding Three Hundred ($300.00) Dollars or imprisonment not exceeding ninety days, or both. Section 3.10. Ordinances and Resolutions . The Commission shall exercise its legislative power and authority by ordinance or resolution, as may be appropriate to the occasion, or as may be specifically provided by this Charter, as here adopted or hereafter amended, or by the Constitution and laws of Georgia. Any action of the Commission having a regulatory or penal effect, relating to revenue or the expenditure of money, or required to be done by ordinance under this Charter, shall be done only by ordinance. Other actions may

Page 2148

be accomplished by resolutions or motions, as may be appropriate. Written copies of all ordinances shall be delivered to the members of the Commission at least twenty-four hours prior to their introduction, unless such requirement is waived by all the members of the Commission. Each resolution shall be in written form before being introduced. Each ordinance or resolution adopted by the Commission shall have a caption stating briefly the subject matter of the ordinance or resolution and shall begin Be it ordained (or resolved) by the Commission of Augusta-Richmond County...... The caption of the ordinance shall not be deemed a part of the ordinance and shall not restrict its meaning or intent. Every proposed ordinance must be complete and in writing and may be introduced by any member at any meeting of the Commission. Every ordinance shall embrace but one subject which shall be clearly expressed in the title, except ordinances making appropriations or authorizing the contracting of indebtedness or issuance of bonds or other evidence of debt. No ordinance or section thereof shall be revised or amended by its title or section number only, but the new ordinance shall contain the entire ordinance or section as revised or amended. A proposed ordinance may be read only by title except when a full reading is demanded by not less than three members of the Commission. No ordinance shall become effective until it shall have been passed on two readings at meetings held at least five days apart, and not more than ninety days apart; except that by vote of three-fourths of the Commissioners present the second reading of the ordinance may be waived; provided, however, that failure to pass any ordinance on second reading within the ninety-day period shall not bar the introduction at a later date of the same or a similar ordinance.

Page 2149

A resolution shall become effective upon adoption after one reading. On final action on an ordinance or resolution, the vote shall be taken by ayes and nayes and the names of the members of the Commission and their vote shall be recorded as herein elsewhere provided. Every ordinance adopted by the Commission shall be presented by the Clerk of Commission to the Chairman for his signature as promptly as possible following its adoption. Within ten days after such presentation, the Chairman shall return the ordinance to the Clerk of Commission with or without his signature. If the ordinance has been signed by the Chairman, it shall become law upon its return to the Clerk; if the ordinance has not been signed, it shall be resubmitted to the Commission with the Chairman's written motion that the ordinance be reconsidered. In the event the Chairman fails to sign the ordinance in accordance with the above procedures or does not resubmit the ordinance with his written motion for reconsideration as provided herein, the ordinance shall become law upon the expiration of said ten day period following its adoption. Each ordinance resubmitted by the Chairman with his written motion for reconsideration shall be presented to the Commission at its next regular meeting; and the Commission may reaffirm its action by a two-thirds vote of its members present, whereupon the ordinance shall become law. Section 3.11. Authentication; Recording; Effective Date . All ordinances which have become law shall immediately be deposited in the official archives of the Clerk of Commission. The Clerk shall note on the face of the ordinance the date and time it has become law and the ordinance shall become effective at noon on the day following its becoming law or at such later time as it may specify. The Clerk shall authenticate, by his signature, each ordinance, which has become law. Except as otherwise provided in this

Page 2150

Charter, the Clerk shall cause each ordinance which has become law to be recorded in full in a properly indexed official journal maintained for such purpose. Section 3.12. Codes of Technical Regulations . The Commission may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally, except that the requirements for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations, as well as adopting ordinance; and a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the Clerk. 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 3.13. Publication of Ordinances Prima Facie Evidence . The caption of every ordinance of a general or permanent nature shall be published in full once within ten days after its becoming law in a newspaper or newspapers of general circulation published in Augusta-Richmond County. A record or entry made by the Clerk of Commission or a copy of such record or entry, duly certified by such Clerk, shall be prima facie evidence of the terms of the ordinance and its due publication. Section 3.14. Codification and Printing of Ordinances . The Commission shall, within three years of the effective date of this Charter, provide for the preparation of a general codification of all ordinances of a general or permanent nature. Such code shall be adopted by the Commission by ordinance and shall be published promptly in loose-leaf form, together with all amendments thereto, this Charter, any amendments hereto, and such codes of technical regulations and other rules and regulations as the Commission may specify. The compilation shall be known and cited officially as the Augusta-Richmond County Code.

Page 2151

Copies of ordinances and Charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the Commission. Following publication of the first Augusta-Richmond County Code, and from time to time thereafter, the ordinances and Charter amendments shall be printed in substantially the same style as the code currently in effect, and shall be suitable in form for integration therein. Section 3.15. Office of Internal Auditor . The Commission shall establish an office of Internal Auditor which shall consist of the Internal Auditor and such other employees as may be provided by the Commission. The Auditor shall be a certified public accountant or public accountant, as defined under the laws of the State of Georgia governing the practice of public accountancy, and shall be elected by a majority of the membership of the Commission for a term of four years. The Auditor shall be subject to removal from office before the expiration of this term in accordance with the procedures as herein provided. Neither the election nor removal of the Internal Auditor shall be subject to approval or veto by the Chairman. The Internal Auditor shall be responsible for examining the accounting systems used by all offices and departments of the Unified Government and all independent agencies, and advising the Commission as to whether all such systems provide for the full disclosure of financial results and information necessary for the management needs and budgetary requests of each office, department, board, authority, commission or agency examined; conduct a continuous internal audit of the fiscal operations of the Unified Government and all independent agencies, submit reports and financial statements to the Commission as it may, from time to time, require; and perform such other powers, duties, and functions as elsewhere provided by this Charter. Section 3.16. Clerk of Commission . The Commission shall establish an office of Clerk of Commission which shall consist of the Clerk, Deputy Clerk, and such other employees as may be provided by the Commission. The Clerk shall be elected by a majority of the membership of the Commission

Page 2152

for a term of four years. The Clerk shall be subject to removal from office before the expiration of his term, in accordance with the procedures as herein provided. Neither the election nor removal of the Clerk shall be subject to approval or veto by the Chairman. The Clerk of Commission shall be responsible for giving notice of Commission meetings, as provided by ordinance; keeping the journal of Commission proceedings; maintaining a current and comprehensive index of all ordinances and resolutions; and performing such other duties as may be assigned him by this Charter or by the Commission. Section 3.17. Independent Post Audit . The Commission shall provide for an annual independent audit of the accounts and financial transactions of the Unified Government in the manner prescribed elsewhere within this Charter. The audit shall be made by a certified public accountant, individual or firm, as defined under the laws governing the practices of public accountancy in Georgia, maintaining a full-time professional office in the State of Georgia. Section 3.18. Commission Authority over Executive Functions . The Commission may, by ordinance, create, change, alter, combine, abolish, and consolidate bureaus, boards, commissions, departments, divisions, authorities, offices, and agencies of the Unified Government, including positions of public employment and may transfer and delete functions and assign additional functions to any of the bureaus, offices, agencies, departments, divisions, boards, authorities, commissions, and positions of public employment existing under this Charter. Section 3.19. Commission Relationship to Executive Branch . Except as otherwise provided by this Charter, the Commission and its members shall deal with the executive branch of the Unified Government, including all appointive officers, directors of departments, and employees thereof, only through the Chairman; and any such action by the Commission shall take the form of an ordinance or resolution.

Page 2153

Section 3.20. Inquiries and Investigations . The Commission shall have the power to conduct or cause to be conducted inquiries and investigations of the operation of any office, department or agency, or conduct of any officer or employee thereof, administering the affairs of the Unified Government. In conducting inquiries and investigations, the Commission shall have the right to administer oaths; subpoena witnesses, documents, records, or other evidence; take testimony; and require the production of evidence. Any subpoena shall be issued by the Clerk at the direction of the Commission. Any person who fails or refuses to obey a lawful order, subpoena or summons issued in the exercise of these powers by the Commission shall appear before the Recorder, who shall hear the reasons or excuses for such failure and the Recorder shall have authority to impose such punishment as for contempt within the limits hereinafter prescribed. Section 3.21. Investigations to be Public . All inquiries and investigations conducted by the Commission shall be open to the public; except when, in the opinion of the Commission, executive sessions are necessary. Section 3.22. Rights of Witnesses and Others . Any witness appearing before the Commission may be represented by counsel. Any person whose character shall have been impugned in the course of an inquiry or investigation by the Commission shall be given the opportunity to appear with or without counsel, to present evidence, to crossexamine witnesses, and to call witnesses of his own; and the Commission shall, upon application being made, exercise its subpoena power to compel the attendance of such persons and witnesses. Section 3.23. Proceedings of Inquiries and Investigations . The conduct of proceedings at Commission inquiries and investigations shall be subject to such rules as the Commission may prescribe. ARTICLE IV . THE CHAIRMAN . Section 4.01. Designation . The chief elected official of the Unified Government shall be known by the title of

Page 2154

Chairman of Augusta-Richmond County (sometimes herein referred to as the Chairman) and may also be known by the title of Mayor of Augusta-Richmond County. He shall be the chief executive and administrative official of the Unified Government. He shall be responsible for the conduct of the executive and administrative affairs of the Unified Government and for the faithful execution of the laws within its boundaries. Section 4.02. Term; Qualification; Oath . The Chairman shall be elected at a general election for a term of four years, and until his successor is elected and qualified. His term shall begin on the first Monday after the first day of January following his election. He shall have attained the age of twenty-five (25) years at the beginning of his term. He shall be a qualified elector of the Unified Government, and shall have been a resident within the boundaries of the Unified Government for a period of two years immediately preceding his election, and shall continue to reside therein during the period of his service. He shall, before entering upon the duties of his office, take the following oath: I do solemnly swear or affirm that I will well and truly perform the duties of Chairman of Augusta-Richmond County; and will, to the best of my ability, promote the general welfare and the common interests of the inhabitants of Augusta-Richmond County; enforce the ordinances and resolutions of the Unified Government, and support and defend the Charter thereof, as well as the Constitution of the State of Georgia and of the United States of America. So help me God. Section 4.03. Compensation . The annual salary of the Chairman shall be $25,000, unless increased or decreased by ordinance of Commission. No increase or decrease in the annual salary of the Chairman shall be effective until the date of the commencement of the term of the Chairman elected at the next regular election, following such increase or decrease. Section 4.04. Vacancy in the Office of Chairman . If the

Page 2155

Chairman shall die, resign, or be removed from office for cause, the office of Chairman shall be declared vacant. If the Chairman shall be declared mentally incompetent by due adjudication, become permanently physically incapacitated from performing the duties of his office, or remove his residence outside the territorial limits of the Unified Government during the term of office, the office of Chairman shall be declared to be vacant by the Commission, in accordance with the procedure hereinafter provided. In the event of such vacancy, the Chairman Pro-Tem of the Commission shall serve as Acting Chairman, with all the powers, authorities, and duties of the office of Chairman. Within thirty days from the declaration of such vacancy, the Commission shall elect, from its membership, a successor to the Chairman who shall take office upon such election and shall serve as Chairman until a successor is elected at the next Unified Government election. The Acting Chairman shall serve until a successor is elected and qualified. If such election occurs at the regular time prescribed for the election of the Chairman, then the person so elected shall be elected for the unexpired term of the person who vacated the office, as well as the next regular term, and shall be sworn in and take office immediately. If such election, at which the successor is elected, does not occur at the regular time prescribed for the election of a Chairman, the term to which the successor is elected shall be the unexpired term of the person who vacated the office, and he shall be immediately sworn in and take the office for the unexpired term of the said person vacating the office, and until his successor is elected and qualified. Section 4.05. Determination of Vacancy . Before a vacancy in the office of Chairman shall be declared by the Commission, except in the cases of death, removal, or resignation, a hearing shall be held by the Commission at a meeting, or meetings, at which not less than three-fourths of the membership of the Commission is present. Written notice of the hearing shall be given to the Chairman at least twenty days prior to such hearing, which notice shall specify the time and place for the hearing, and contain

Page 2156

sufficient information to set out the basis for the proposed action, as is necessary to apprise the Chairman of the grounds therefor. The declaration of the existence of a vacancy must be on the affirmative vote of not less than two-thirds of the members of the entire Commission. Section 4.06. Temporary Incapacity; Absence from the Jurisdiction . The Commission shall provide, by ordinance, for the procedures for temporary succession to the office of Chairman, under which the Chairman Pro-Tem shall serve as Acting Chairman in the event of the Chairman's absence from the jurisdiction of the Unified Government or in the event of illness or other temporary inability (other than vacancy of the office) of the Chairman to discharge the powers and duties of the Chairman's office; and such temporary succession shall continue until the Chairman returns, or such temporary disability is removed, as the case may be. Provisions governing temporary succession to the office of Chairman shall require a two-thirds vote of the entire membership of the Commission. Section 4.07. Powers and Duties of the Chairman . As the chief executive and administrative officer, the Chairman shall: (1) Preside at all meetings of the Commission, and have a voice in Commission proceedings. (2) Vote only in instances of a tie vote among the Commissions; and, for such purposes, shall be regarded a member of the Commission. (3) Except as elsewhere provided, sign all ordinances on their final passage by the Commission; execute deeds, bonds, contracts, and other instruments and documents on behalf of the Unified Government, as required by the laws of Georgia, this Charter or ordinance.

Page 2157

(4) Prepare and submit an annual report on the state of the Unified Government; such report to be presented at a public meeting orally and in writing. (5) Submit to the Commission, at least once a year, a statement covering the financial condition of the Unified Government and, from time to time, such other information as the Commission may request. (6) Recommend to the Commission such measures relative to the affairs of the Unified Government, the improvement of the government thereof, and the promotion of the welfare of its people, as he may deem desirable. (7) Call special meetings of the Commission. (8) Submit to the Commission the recommended annual operating budget and the recommended capital improvements budget. (9) Examine and inspect the books, records, and official papers of any department, authority, board, commission, office, or agency of the Unified Government, when he deems it necessary. (10) Require any department, authority, board, committee office, or agency of the Unified Government to submit written reports in connection with the affairs thereof, whenever he deems it desirable. (11) Administer and implement all capital improvements and public works projects, authorized by ordinance. (12) Subject to confirmation by a majority of the entire membership of the Commission, appoint and remove: (a) All permanent and acting officers and heads of departments who are subject to the Chairman's supervision and direction; and (b) All permanent and acting members of authorities, boards, and commissions, except when other methods of appointment and removal are provided by this Charter.

Page 2158

The Chairman shall submit each nomination to the Commission and, in the event the Commission fails to approve the person nominated, the Chairman shall promptly submit an additional nomination. In the event the Commission fails to elect the second nominee, the full Commission shall immediately proceed to fill the office by electing a person from nominees submitted by members of the Commission. (13) Perform such other duties as may be required by law, this Charter, or ordinance. Section 4.08. Other Public Office . During his term of office, the Chairman shall not hold any other public elective office. Nor shall be hold any office within the Unified Government. Nothing contained herein shall preclude a person from resigning a public elective office, or appointive office, in order to be an eligible candidate for the office of Chairman. ARTICLE V . THE ADMINISTRATIVE ASSISTANT . Section 5.01. Appointment . The Chairman shall nominate and, subject to confirmation by a majority vote of the entire membership of the Commission, appoint an Administrative Assistant. The Administrative Assistant may be a non-resident of Augusta-Richmond County at the time of his appointment, but he must become a resident in the area of the Unified Government within six months thereafter, and maintain such residence during the term of his appointment. Section 5.02. Tenure; Removal from Office . The administrative Assistant shall be appointed for a term of four years and he shall hold such office for such term and until he is reappointed or his successor has been appointed. Within three months following the date of expiration of such term of appointment, the Chairman shall submit to the Commission his recommendation for the office of Administrative Assistant.

Page 2159

The Administrative Assistant may be removed from office by the Chairman, with the consent of a majority of the entire membership of the Commission or by the Commission on its own initiative by a vote of not less than three-fourths of its entire membership; but, in either case, not until at least ten days after the Administrative Assistant shall have been served with written notice, setting forth the grounds for such removal, and after the Administrative Assistant shall have been afforded an opportunity to be heard by the Commission. Section 5.03. Vacancies . Vacancies in the office of Administrative Assistant shall be filled by the same procedure as prescribed for original appointment. Section 5.04. Qualifications . At the time of his appointment, the Administrative Assistant shall have had demonstrated managerial experience either in public service, private industry or private professional practice, as shall qualify him for the duties of such office. Section 5.05. Powers and Duties of the Administrative Assistant . The Administrative Assistant, under and subject to the direction of the Chairman, shall: (1) Exercise supervision over all activities of those departments and agencies for which the Chairman is responsible, including the authorities, boards, and commissions, by whatever name known, connected with such departments; and shall be the liaison officer between the Chairman and such departments, authorities, boards, bodies, commissions, and agencies. (2) Prepare and submit to the Chairman the annual operating and capital improvements budgets. (3) Prepare and maintain financial plans for the Unified Government. (4) Make periodic reports, with such recommendations as he deems appropriate, to the Chairman concerning the affairs of the Unified Government; and particularly of

Page 2160

those departments under the Chairman's jurisdiction, and the authorities, boards, and commissions connected with such departments. (5) Hold meetings of the directors of those departments over which the Chairman has authority, and any other officers of the Unified Government. (6) Confer with, advise, and assist all elected or appointed officials of the Unified Government who are not under the immediate control of the Chairman or the Commission, but who receive financial appropriations from the Commission. (7) Examine regularly, at periods fixed by the Chairman, the accounts, records, and operations of every department, authority, board, commission, office, or agency which receives financial appropriations from the Commission; and he shall make regular monthly reports to the Chairman on the fiscal affairs of the Unified Government; and he shall keep the Chairman fully advised on the financial condition and future needs of the Unified Government. (8) Submit to the Chairman, at the end of each fiscal year, a complete report on the finances and administrative activities of the Unified Government for the preceding year. (9) Perform such other duties as the Chairman may prescribe from time to time; provided, however, the Chairman may not prescribe duties that are in excess of the duties conferred upon the Chairman. ARTICLE VI . DEPARTMENT HEADS . Section 6.01. Heads of Departments Subject to Chairman's Supervision . Each department hereinafter in this Charter created shall have as its head a director who shall exercise the powers and perform the duties vested in and imposed upon the department. Each director shall be subject

Page 2161

to the Chairman's supervision and direction. The directors shall be as follows: Director of Finance Director of Health and Welfare Director of Public Safety Director of Central Services Director of Urban Development Director of Public Affairs Director of Public Works Director of Transportation Section 6.02. Qualifications and Residence . Each director shall be appointed by the Chairman. A director may be a non-resident of Augusta-Richmond County at the time of his appointment, but he must become a resident within the area of the Unified Government within six (6) months following such appointment and maintain such residence during the term of appointment. Each director hereinabove provided shall be appointed solely on the basis of his executive, administrative, and professional qualifications and shall have had administrative, executive, and professional experience in public service, private industry or business, or private professional service. Section 6.03. Appointment and Removal . Each director shall be appointed and be subject to removal as provided elsewhere within this Charter. Section 6.04. Duties Generally . Each director shall direct the operation of his respective department, and manage and direct the officers and employees thereof. ARTICLE VII . ADMINISTRATIVE AND FUNCTIONAL DEPARTMENTS AND AGENCIES . Section 7.01. Duties and Divisions, General . The divisions of each department of the Unified Government shall

Page 2162

be responsible for performing the duties hereinafter prescribed and such other duties as may be prescribed by ordinance. Section 7.02. Department of Finance . The Department of Finance shall include the Divisions of Accounting and Financial Reporting, Revenue Assessment, Revenue Collection, Property Stores and Control, and such other divisions as the Commission may establish. A. The Division of Accounting and Financial Reporting shall be responsible for the maintenance of a general financial accounting and reporting system for the Unified Government, including inventories of assets, construction projects and facilities in use, analyses of capital goods, needs and priorities, determining alternative sources and methods of financing, development of capital improvements program schedules, projecting cash flows, preparation and submission of statements of expenditures, revenues and cash transactions, annual financial reports, and assisting in the preparation of an annual operating budget. B. The Division of Revenue Assessment. The Augusta-Richmond County Board of Tax Assessors created and established by an Act of the General Assembly approved April 9, 1969 (Ga. L. 1969, pp. 2514-2521), enacted pursuant to the Constitutional Amendment adopted in 1956 (Ga. L. 1956, pp. 453-456) and the laws pertaining thereto, shall constitute the Division of Revenue Assessment and shall continue unaffected by the adoption of this Charter, except that: (1) Whenever the Municipality of the City of Augusta (or The City Council of Augusta) and Richmond County are referred to in said Act, the same shall be construed to mean the Unified Government created herein; and (2) Whenever the governing bodies of the City of Augusta (or The City Council of Augusta) and Richmond County are referred to in said Act, the same shall be construed to mean Commission of Augusta-Richmond County; and

Page 2163

(3) Said Board is hereby constituted the Division of Revenue Assessment; and (4) All appointments to said Board provided for in Section 3 of said Act shall henceforth be made by the Commission of Augusta-Richmond County, which appointment shall be made for the terms and of the persons residing within the territorial limits as specified therein; and (5) The office of Chief Tax Appraiser shall include the office of Director of the Division of Revenue Assessment. The duties of the Director of the Division of Revenue Assessment shall be as specified by the Commission of Augusta-Richmond County; and (6) Whenever benefits, rights, duties, and authorities are provided in said Act for the Municipality, the City of Augusta (or The City Council of Augusta) and Richmond County, they shall henceforth be benefits, rights, duties, and authorities of the Unified Government as elsewhere herein provided. C. The Division of Revenue Collection shall be responsible for collecting and receiving all current and delinquent revenues, incomes and other monies due the Unified Government, except as elsewhere provided within this Charter. D. The Division of Property Stores and Control shall be responsible for maintaining a complete inventory of all capital assets owned and operated by the Unified Government; maintaining property records controlling the acquisition, use, and disposal of capital assets; and determining future capital asset needs and priorities. Section 7.03. Department of Health and Welfare . The Department of Health and Welfare shall include the Division of Environmental Improvement, Medical Services, Alcohol and Drug Abuse, and such other divisions as the Commission may establish. All duties, powers, or functions arising from the activities of the Unified Government and operations of the Richmond County Department of Health, the Richmond County Hospital Authority, the Richmond

Page 2164

County Department of Family and Children Services, and the Richmond County Youth Development Center, shall be coordinated and administered by this Department. A. The Division of Environmental Improvement shall be responsible for developing and maintaining programs of environmental improvement in Augusta-Richmond County; including establishing standards and solutions for water pollution control, air pollution control, noise abatement and control, and solid waste control, aesthetics of public lands management; use of outdoor visual designs; coordination of intergovernmental efforts; and public education. B. The Division of Medical Services shall be responsible for the provision of general medical and nursing services, as required, to all persons incarcerated within facilities of detention or confinement owned or operated by the Unified Government, including care of the sick and injured, physical examinations, professional advice and counsel in psychological examinations and hearings, and determining and supervising the provision of ancilliary medical services. In addition, the Division shall perform necessary medical services for the Division of Family and Children Services; medical services for the Shiloh Orphanage, including physical examinations and proper immunization of all orphans thereat; conduct physical examinations necessary in cases of alleged rape and relate the findings of such examinations in courts of law, as required; and establish standards and procedures for the maintenance of proper hygiene at all facilities of incarceration owned or operated by the Unified Government, including a monthly inspection of all such facilities. C. The Division of Alcohol and Drug Abuse shall be responsible for developing and maintaining programs directed at reducing and eventually eliminating misuse of alcohol and drugs in Augusta-Richmond County, including the offering of training to the members of the Board of Education and other public officers and employees; coordination of liaison with other governments and local interest groups; and conducting research and compiling data necessary for the effective application of effort of control and prevention in the area of Augusta-Richmond County.

Page 2165

D. On the effective date of this Charter, the Richmond County Department of Health, created by an Act of the General Assembly of Georgia approved August 22, 1931 (Ga. L. 1931, pp. 660-673) and all laws in any wise pertaining thereto, shall continue unaffected by the adoption of this Charter; except, however, the relationship and status heretofore obtained between said Department and Richmond County and the City of Augusta (or The City Council of Augusta) shall henceforth be held, enjoyed, and exercised by the Unified Government. The Unified Government shall have and exercise all of the rights, powers, duties, authorities, privileges, and benefits bestowed by the Act creating said Department, as amended. The rights, powers, duties, authorities, and functions provided in the laws pertaining to said Department, to be vested in and exercised and performed by the Mayor or Chairman of the governing body of Richmond County, shall henceforth be vested in and exercised and performed by the Chairman of the Unified Government. The rights, powers, duties, responsibilities, authorities, functions, and benefits heretofore vested in, enjoyed, and exercised by the Council of The City Council of Augusta (or the City of Augusta) or the governing body of Richmond County, by whatever name called, shall henceforth be vested in, enjoyed, exercised and performed by the Commission of the Unified Government. E. The Hospital Authority of Richmond County, established under the General Laws of the State of Georgia (Ga. L. 1964, p. 499 et seq.), is hereby redesignated as the Augusta-Richmond County Hospital Authority. Nothing in this Charter shall be construed so as to affect the Hospital Authority of Richmond County, except that the relationship and status that said Hospital Authority formerly bore and enjoyed with Richmond County shall henceforth be borne and enjoyed with the body corporate and Unified Government created and established by this Charter. The relationship and status, together with all rights, powers, privileges, duties, authorities, and obligations formerly existing between the Hospital Authority and Richmond County shall, upon adoption of this Charter, be vested in, enjoyed, and exercised by Augusta-Richmond County.

Page 2166

F. The Department of Family and Children ServicesDivision for Children and Youth. The Richmond County Department of Family and Children Services (including the Division for Children and Youth) of Richmond County, established under the General Laws of the State of Georgia and the laws applicable or pertaining thereto, shall be in no way affected by the adoption of this Charter, except that the relationship and status heretofore existing between said Department and Division with Richmond County shall henceforth exist between said Department and Division with the Unified Government created by this Charter. The Unified Government shall have and exercise all of the rights, powers, privileges, functions, duties, and obligations heretofore imposed upon, vested in, and exercised by Richmond County under said laws pertaining to said Department and Division. G. The Richmond County Youth Development Center. The Richmond County Youth Development Center, established under the General Laws of the State of Georgia and the laws applicable or pertaining thereto, shall be in no way affected by the adoption of this Charter, except that the relationship and status heretofore existing between said Department with Richmond County shall henceforth exist between said Department with the Unified Government created by this Charter. The Unified Government shall have and exercise all the rights, powers, privileges, functions, duties, and obligations heretofore imposed upon, vested in, and exercised by Richmond County under said laws pertaining to said Department. Section 7.04. Department of Public Safety . The Department of Public Safety shall include the Divisions of Fire, Police, Rehabilitation and Detention, Civil Defense, Animal Control, and such other divisions as the Commission may establish. A. The Division of Fire shall be responsible for the provision of fire prevention, fire protection, safety and other such services and functions within the Urban Services Districts as are now provided within the City of Augusta or as may be required by ordinance. The initial services of the

Page 2167

Division of Fire shall be limited to the Urban Services District. Fire protection services provided within the General Services District outside the Urban Services Districts by independent, private concerns may be continued without interruption resulting from the adoption of this Charter; however, such services may be provided by the Unified Government upon discontinuance of any portion or all of such fire protection services by said independent agencies. B. The Division of Police shall be responsible for general law enforcement in the Unified Government throughout the territorial limits thereof, including preservation of public peace, prevention and detection of crime, protection of persons and property, enforcement of laws of the United States and Georgia, and the ordinances of the Unified Government. C. The Division of Rehabilitation and Detention shall be responsible for the housing and rehabilitation of all prisoners confined or detained under the jurisdiction of the Unified Government of prisoners assigned to the Unified Government by the Georgia State Department of Corrections. D. The Division of Civil Defense shall be responsible for all matters pertaining to civil defense. E. The Division of Animal Control shall be responsible for collecting and housing stray animals within the territory of the Unified Government and establishing and maintaining facilities for the housing of such animals. Section 7.05. Department of Central Services . The Department of Central Services shall include the Divisions of Personnel, Legal Services, Data Processing, Motor Pool and Equipment Maintenance, Purchasing, Recorder's Court, and such other divisions as the Commission may establish. A. The Division of Personnel shall be responsible for the administration of a Personnel System for the Unified Government, based on merit system principles, as established

Page 2168

elsewhere within this Charter. The Division shall prepare and administer personnel rules and regulations, including position classification and pay plan for all employees, including position classification and pay plan for employees, all of which shall be adopted by ordinance; shall be responsible for examination of applicants for employment in the merit service, initial selection and referral of personnel; and the training of employees. B. The Division of Legal Services shall be responsible for providing legal advice and counsel to all elected and appointed officials of the Unified Government concerning their official duties; instituting all actions and defending any and all actions pertaining to the Unified Government; prepare ordinances, contracts, bonds, and other instruments necessary for official action of the Unified Government; approve the accuracy and correctness of all ordinances, contracts, bonds, and other instruments by endorsement; act as prosecutor on behalf of the Unified Government in Recorder's Court in such cases as the Commission may direct. C. The Division of Data Processing shall be responsible for furnishing data processing services to the Unified Government systems design and analysis, forms design and preparation, computer programming, data preparation, records storage and retrieval systems, long-range planning of applications, and operating all electrical computer and data processing equipment owned by the Unified Government. D. The Division of Motor Pool and Equipment Maintenance shall be responsible for directing the maintenance and disposal of all motor equipment owned by the Unified Government, except as otherwise provided by the Commission; the preparation of purchase specifications for all motor equipment purchased; initiating and maintaining procedures for fleet vehicle and motor pool operations; establishing standards of maintenance, and maintaining garage facilities. E. The Division of Purchasing shall be responsible for administering a system of centralized purchasing for the

Page 2169

procurement of all supplies, materials, equipment, other property, contractural services and insurance. In addition to the above, the Department of Central Services shall be responsible for records management, printing and duplicating services, and custodial and janitorial services. Section 7.06. Department of Urban Development . The Department of Urban Development shall include the Division of Planning, Neighborhood Rehabilitation, Urban Renewal, Building and Zoning Inspection, Housing, Industrial Development, and such other divisions as the Commission may establish. A. The Division of Planning. The Augusta-Richmond County Planning Commission shall constitute the Division of Planning and shall be responsible for the performance of the functions, powers, and duties which either municipal planning commission, county planning commissions or municipal-county planning commissions now, or may hereafter be, authorized or required to exercise, as specifically set forth in an Act of the General Assembly, approved March 13, 1957 (Ga. L. 1957, p. 420), as amended. The Commission is hereby vested with all the functions, powers, and duties which governing authorities of municipalities or counties are now, or may hereafter be, authorized or required to exercise under the provisions of said Act of 1957, as amended. In addition to all other powers and duties herein conferred, the Division shall furnish the Director of Finance with such information and data as shall be necessary for preparation of the capital budget and capital improvements program; and coordinate, on behalf of the Unified Government, all regional planning and development activities of the Central Savannah River Area Planning and Development Commission, the Augusta-North Augusta Metropolitan Council of Governments and all other regional planning and development activities. B. The Division of Neighborhood Rehabilitation shall be responsible for performing all powers, duties and functions

Page 2170

necessary to formulate and maintain programs of periodic and concerted rehabilitation of deteriorating and blighted areas or neighborhoods within the jurisdiction of the Unified Government, to the extent that commercial and private structures and public facilities will be improved so as to satisfy at least the minimum requirements and standards established by the Unified Government for community improvement of the territory within Augusta-Richmond County. C. The Division of Urban Renewal shall be responsible for formulating and effecting programs utilizing appropriate public and private resources necessary to eliminate or prevent the development or spread of slums, provide for redevelopment of slum areas, or to undertake other activities and functions which may aid to achieve the objectives of a program for community improvement, subject to approval by ordinance of the Commission. Subject to the provisions of this Charter and ordinances of the Commission, the Division is hereby vested with all other functions, powers, and duties as set forth by an Act of the General Assembly approved March 3, 1955 (Ga. L. 1955, p. 354, et seq.) as amended, known as the Urban Redevelopment Law; except, as used in said Act, the term municipality shall be construed to include Augusta-Richmond County, and the term local governing body shall be construed to include the Commission of Augusta-Richmond County. Every act of the City Council of Augusta heretofore done or performed under the Redevelopment Law (Ga. L. 1945, p. 157), or the Urban Redevelopment Law (Ga. L. 1955, p. 354) or laws amendatory thereof, or under any state or federal law relating to the subject matters thereof, are affirmed, ratified, and adopted as the act of the Unified Government and are continued in unimpaired force and effect to the same extent and in the same manner as though performed, committed, and adopted by the Unified Government in their inception and as if The City Council of Augusta had continued to exist and function as a separate political entity and nothing herein contained shall impair or otherwise affect any cooperative agreement or other obligation entered into or undertaken by The City Council of

Page 2171

Augusta. Any and all agreements, contracts, and obligations made by The City Council of Augusta pursuant to said laws are approved, ratified, and adopted as the acts and obligations of the Unified Government to the same extent and in the same manner as though made, done and performed initially by the Unified Government; including, without limiting the generality of the foregoing, all bonds or notes or other monetary commitments issued or made and including any and all agreements made with the federal government, or any agency thereof, pertaining in any way to the Urban Redevelopment functions of The City Council of Augusta. D. The Division of Building and Zoning Inspection shall be responsible for the enforcement of building, plumbing, electrical, heating and air-conditioning, zoning and minimum housing codes adopted by the Commission, the issuance of construction permits and inspection of premises. E. The Division of Housing. The Housing Authority of the City of Augusta shall constitute the Division of Housing and shall be responsible for the performance of the functions, powers, and duties which either municipal housing authorities or county housing authorities are now or may hereafter be authorized or required to exercise, as set forth in an Act of the General Assembly (Ga. L. 1937, p. 210, et seq.), as amended. The Commission is hereby vested with all the functions, powers, and duties which governing authorities of municipalities or counties are now, or may hereafter be, authorized or required to exercise under the provisions of said Act of 1937, as amended. F. The Division of Industrial Development. The Richmond County Industrial, Development Authority, established pursuant to the Development Authorities Law, approved March 28, 1969 (Ga. L. 1969, p. 137, et seq.), shall initially constitute the Division of Industrial Development and shall be responsible for the performance of the functions, powers and duties which either municipal industrial development authorities or county industrial development authorities are now or hereafter may be authorized or required to exercise, as set forth in said Act of 1969. The

Page 2172

Commission is hereby vested with all the functions, powers, and duties which governing authorities of municipalities or counties are now, or may hereafter be, authorized or required to exercise under the provisions of said Act of 1969. Section 7.07. The Department of Public Affairs . The Department of Public Affairs shall include the Divisions of Parks and Recreation, Libraries and Museums, Cemeteries, Public Relations, and such other divisions as the Commission may establish. A. The Division of Parks and Recreation shall be responsible for providing and maintaining recreation activities, park facilities and programs of beautification throughout Augusta-Richmond County. The Division shall be responsible for the operation and maintenance of all recreational facilities owned or operated by the Unified Government, including the municipal golf course and municipal auditorium; instituting and conducting a comprehensive and coordinated program of cultural and physical recreation activities for all age groups throughout the territory of the Unified Government; providing necessary groundskeeping and horticultural functions and to insure the continued beautification of publicly owned parks and vegetation and general improvement of aesthetic conditions. B. The Division of Libraries and Museums shall be responsible for the operation of all public libraries and museums owned or operated by the Unified Government. C. The Division of Cemeteries shall be responsible for the operation and maintenance of the Magnolia, Cedar Grove, and West View Cemeteries, in order to maintain charity burials and perform perpetual care and all other functions as may be required or permitted by contract or ordinance. D. The Division of Public Relations shall be responsible for the preparation and dissemination of all information regarding the Unified Government; including an annual report of all activities of the Unified Government, periodic

Page 2173

reports on special activities, and providing assistance to the Chairman, Administrative Officer, and other officials of the Unified Government in preparing and delivering public utterances. In addition, the Division shall act as liaison with news media on behalf of the Unified Government. Section 7.08. The Department of Public Works . The Department of Public Works shall consist of the Divisions of Engineering, Refuse Collection and Disposal, Water and Sewer Services, Public Lands and Buildings Maintenance, Streets and Highways, and such other divisions as the Commission may establish. A. The Division of Engineering shall provide engineering services to all departments of the Unified Government. Such services shall include surveying, mapping, general municipal engineering, inspection, monitoring of engineering contracts, and other services that may be required by ordinance or resolution. B. The Division of Refuse Collection and Disposal shall be responsible for the collection and disposal of all solid wastes. C. The Division of Water and Sewer Services shall be responsible for the treatment and distribution of water, the collection and treatment of sewage, the billing for such services, and the construction of water and sanitary sewage facilities. D. The Division of Public Lands and Buildings Maintenance shall be responsible for the maintenance of the Augusta Canal and all public buildings and public lands; excluding recreational areas and public streets, except parkways; and other physical areas of the Unified Government which require maintenance and care. E. The Division of Streets and Highways shall be responsible for the construction, paving, maintenance and cleaning of highways, roads, streets, alleys, sidewalks, bridges and viaducts, and storm sewers and drains incidental thereto.

Page 2174

Section 7.09. The Department of Transportation . The Department of Transportation shall include the Division of Aviation, Traffic Engineering, Ports, Mass Transit and be generally responsible for the management, operation, and maintenance of all ground, water, air, rail, motor, vehicular and subway transportation within the territory of Augusta-Richmond County, and such other divisions as the Commission may establish. A. The Division of Aviation shall be under the operational control of the Augusta-Richmond County Aviation Commission, which is the redesignated name of the Augusta Aviation Commission. The Division shall have the same authorities, powers, functions and duties heretofore prescribed for the Augusta Aviation Commission until such time as otherwise provided by the Commission of the Unified Government. The Division shall be responsible for the maintenance and operation of Bush Field and Daniel Field, including the administration of tenant leases and agreements, rents, fees, and charges. The Division shall be responsible for all other functions and duties as the Commission may, by resolution or ordinance, prescribe. B. The Division of Traffic Engineering shall be responsible for performing all functions involving planning and designing for safe and effective routing and control of traffic within the Unified Government, including the maintenance of traffic accident records, proposing charges in traffic control procedures, and conducting studies as requested by the Commission or other departments of the Unified Government. C. The Augusta Port Authority, created by an Act of the General Assembly approved March 19, 1959 (Ga. L. 1959, pp. 2761-2773), shall initially constitute the Division of Ports and said Authority and the laws pertinent thereto shall continue unaffected by the adoption of this Charter; provided, however, relationship heretofore existing between said Authority and the City of Augusta (or The City Council of Augusta) shall henceforth exist and obtain between said Authority and the Unified Government, and all of the rights, powers, privileges, duties, functions and obligations

Page 2175

heretofore vested in the City of Augusta (or The City Council of Augusta) are vested in and shall be held, exercised, enjoyed, and performed by the Unified Government. D. The Division of Mass Transit. The Augusta-Richmond County Transportation Authority, created by an Act of the General Assembly (Ga. L. 1970, p. 3208 et seq) shall initially constitute the Division of Mass Transit and shall be responsible for the performance of functions, powers, and duties as prescribed in said Act. In addition, the Division will be responsible for the preparation an implementation of plans and procedures whereby the Unified Government may, at the discretion of the Commission, effect programs of common transportation for citizens of the Unified Government. The Division shall be responsible for directing and supervising such programs upon their initiation, including the recommendation for and administration of any and all franchises for transportation services, and annual recommendations to the Commission for alteration of such services. ARTICLE VIII . BUDGET AND FINANCIAL MATTERS . Section 8.01. Fiscal Year . The fiscal year of the Unified Government shall begin on the 1st day of January of each year and shall end on the 31st day of December next following, or as the Commission may establish and provide by ordinance. The fiscal year shall constitute the budget year and the year for financial accounting and reporting of each office, department, agency, and activity of the Unified Government. Section 8.02. Budget Preparation . The Commission shall prescribe, by ordinance, the procedures, and requirements for the preparation, adoption, and execution of an annual operating budget, a capital improvements program and a capital budget. Such ordinance shall require the use of program budgeting by the Unified Government.

Page 2176

It shall be the duty of all officers, departments, boards, commissions, authorities, courts, clerks of courts, and agencies to furnish the Chairman such information at such time, or times, and in such form as he may require in budget preparation. The Chairman shall submit the proposed annual operating and capital improvements budget to the Commission on or before a date fixed by ordinance, but not less than sixty days prior to the beginning of the fiscal year. Said budgets shall be accompanied by a budget message from the Chairman containing explanations of general fiscal policies, explanations of major changes recommended for the next fiscal year, a general summary of the budgets, and other information deemed appropriate. Copies of such budgets shall be filed in the office of the Clerk of Commission and shall be open to public inspection. A summary of such proposed budgets shall be published in one or more newspapers of general circulation within Augusta-Richmond County not less than seven days prior to its final adoption. Section 8.03. Scope of Budgets . The annual operating and capital improvements budgets shall consist of two parts: Part I of the annual operating and capital improvements budgets shall set forth, in detail, the revenues, expenditures, and program information for those services, functions, and capital improvements projects pertaining to the General Services District. Part II of the annual operating and capital improvements budgets shall contain a separate section for each Urban and Special Services District, established pursuant to this Charter and by ordinance of the Commission, in order to reflect in detail the revenues, expenditures, and capital improvements projects rendered, furnished or planned by the Unified Government in each of its Urban and Special Services Districts. Each of the above described parts of the annual operating budget shall contain, with respect to each of the operating funds of the Unified Government to which they are

Page 2177

applicable, an estimate of the unencumbered fund balance or deficit at the beginning of the next fiscal year and the amount of reserves for designated purposes or activities includable in the operating budget; a reasonable estimate of cash revenues to be received during the next fiscal year, classified according to source, including a reasonable reserve for contingencies; proposed expenditures detailed by each office, department, 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 next year; insurance and pension costs and all debt service requirements for such fiscal year payable from such funds; work programs and performance data in justification of proposed expenditures; and such other information as may be considered necessary or as may be desired by the Chairman or Commission. Each of the above described parts of the capital improvement budget shall contain, with respect to each services district, a description of all planned capital improvements and by studies and surveys relative thereto, the acquisition of property of a permanent nature, and the purchase of equipment for any public improvements which, when first erected or acquired, are to be financed in whole or in part, from funds controlled by the Commission. It shall show the capital expenditures which are planned for each of the five ensuing fiscal years. For each separate purpose, project, facility, or other property, there shall be shown the amount and source of the money that has been spent, encumbered, or is intended to be spent or encumbered, prior to the beginning of the next fiscal year, and also the amounts and the sources of the money that are intended to be spent during each of the ensuing five years. Section 8.04. Adoption of Budgets by Commission . The Commission shall, upon receipt of the proposed budgets, schedule and hold one or more public hearings thereon, notice of which shall be published in a newspaper of general circulation in Augusta-Richmond County, at least seven days prior to the date set for such public hearing. The Commission may amend the proposed operating budget,

Page 2178

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 next fiscal year. The Commission shall adopt the final annual operating budget for the next fiscal year not later than the thirty-first day of December each year and such bedget shall be effective for the fiscal year beginning on the first day of January. In the event the Commission fails to adopt the budget by this date, the amounts appropriated for operations for the fiscal year just ended shall be deemed adopted for the current fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the Commission shall adopt a budget for such fiscal year. Adoption of the annual operating budget shall be in the form of an appropriation ordinance, setting out estimated revenues in detail by source, and making appropriations according to fund by organizational unit, purpose, or activity as set forth in the budget document. The amount set out in the adopted operating budget for each organization 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. The Commission may delete projects from the capital improvements program as submitted to it, but it shall not otherwise amend such program until it has requested, through the Chairman, the recommendations of the Director of the Department of Urban Development. The Commission shall not be bound by such recommendations and may act without them if they are not received within thirty days from the date they were requested. The Commission shall adopt, by ordinance, the capital improvements program and capital improvements budget for the next fiscal year not later than the thirty-first day of December of each year. The capital improvements budget ordinance shall show,

Page 2179

in detail, the capital improvements expenditures intended to be made or incurred in the ensuing fiscal year that are to be financed from funds subject to control or appropriation by the Commission, and shall be in full conformity with that part of the capital improvements program applicable to the year which it covers. Amounts specified as intended to be spent out of new appropriations shall, upon enactment of the capital improvements budget ordinance, constitute appropriations of such amounts. Section 8.05. Levy of Property Tax . Following the adoption of the operating and capital improvements budgets, and within fifteen days thereof, the Commission shall: (a) Levy, by ordinance, a General Services District tax on all real and taxable personal property within the General Services District. The tax rate set by such ordinance shall be such that a reasonable estimate of cash revenues from such levy allowing ten percent of the total levy for delinquent taxes and other uncollectibles, together with other anticipated revenues, fund balances, and applicable reserves, shall be sufficient to equal the total amount of the annual operating budget for the General Services District. (b) Levy, by ordinance, a tax for each Urban Services District and a tax for each Special Services District on all real and personal property within each such Urban and Special Services District, respectively. The tax rates set by such ordinance for each district shall be such that a reasonable estimate of cash revenues from such levy, allowing ten percent of total levy for delinquent taxes and other uncollectibles, together with other anticipated revenues, fund balances, and applicable reserves, shall be sufficient to equal the total amount of the annual operating budget for each Urban Services District and each Special Services District, respectively. Section 8.06. Assessing and Collecting Property Tax . Except as otherwise provided in this Charter, the Commission shall, by ordinance, provide for the procedures for making and filing returns for ad valorem taxation of property in

Page 2180

Augusta-Richmond County, the place of making returns, the payment and collection of taxes, the creation and priority of tax liens, the issuance and levy of executions, and sales to satisfy executions. The Commission shall provide, by ordinance, when taxes, levied and imposed by the Unified Government, shall become due and payable and when the same shall become delinquent. The Commission, by ordinance, may authorize the payment of taxes, due the government in installments, at the option of the taxpayer and when and how and upon what terms such installments shall be due and payable. The Commission may also authorize the payment of taxes prior to the time when due. The Commission shall provide, by ordinance, for the manner and method of collecting delinquent taxes due the Unified Government. Section 8.07. Homestead Exemptions . The homestead exemptions provided under the Constitution and the laws of Georgia presently in force, or as hereafter amended, shall be applicable to all such property subject to ad valorem taxes within the General Services District of the Unified Government as defined in Article I, Section 1.03 of this Charter; provided, however, that such homestead exemptions (except for persons 65 years of age or older) shall not apply to taxes levied for the retirement of bonds or for the support of the Richmond County School District; and provided further that such homestead exemptions shall not apply to property as to which taxes are separately levied in the Urban Services Districts or Special Services Districts. Section 8.08. Additional Appropriations . The Commission may make appropriations in addition to those contained in the current operating budget or capital improvements budget; provided, however, any such appropriations may be made only from an existing unappropriated surplus and may be appropriated only for the benefit of the services district from which the unappropriated surplus arose. Section 8.09. Post Audit . The annual independent audit of such accounts and other evidences of financial transactions

Page 2181

of the Unified Government shall be performed as the Commission may determine; provide the audit shall be made by an accountant which does not have any pecuniary, personal interest, direct or indirect, in the fiscal affairs of the Unified Government or of its offices, departments, agencies, or activities. The final report of the annual audit shall be completed not later than four months after the close of the fiscal year. The audit report shall be available to the public. The Commission may, at any time, order an independent examination or special audit of any office, department, board, authority, commission, or other agency of the Unified Government. Section 8.10. Power to Issue Bonds . The Augusta-Richmond County Government may issue any bonds which municipalities or counties are, or hereafter may be, authorized to issue under the Constitution and general laws of the State of Georgia. Section 8.11. Outstanding General Obligation Bonds Issued or Authorized but Unissued by City and County . All general obligation bonds issued before the effective date of this Charter by The City Council of Augusta, and all bonds authorized but unissued by The City Council of Augusta at the effective date of this Charter and thereafter issued by the Unified Government, shall be allocated to the Urban Services District or districts and the principal of and interest on such bonds shall be paid from taxes or other revenues collected in the Urban Services Districts. All general obligations bonds issued before the effective date of this Charter by Richmond County, and all bonds authorized but unissued by Richmond County at the effective date of this Charter, and thereafter issued by the Unified Government, shall be allocated to the General Services District and the principal of and interest on such bonds shall be paid from taxes and other revenues collected in the General Services District.

Page 2182

Section 8.12. Authorization of General Obligation Bonds . General obligation bonds may be issued under this Article for either the General Services District, any Urban Services District, or any Special Services District pursuant to any general law of the State of Georgia now or hereafter in effect and applicable to counties or municipalities in the State of Georgia. The Unified Government may issue bonds under the provisions of all such general laws without regard to any limitation or restrictions contained in this Charter. No proceedings for the issuance of such bonds shall be required other than those required by the general law under which such bonds are authorized and no provision of any resolution, ordinance, or notice, and no election or opportunity for referendum shall be required, except as may specifically be required by the provisions of such general law. All general obligation bonds shall be issued in the name of Augusta-Richmond County, Georgia and shall be an obligation thereof, and the full faith and credit of the Unified Government shall be pledged for all general obligation bonds issued thereunder which are payable from ad valorem taxes. Provided, however, that bonds issued for purposes related solely to a particular Urban Services District or a particular Special Services District, as the case may be, shall be paid from taxes and other revenue collected from such Urban Services District or Special Services District, as the case may be. Section 8.13. Revenue Bonds . The Commission is hereby empowered and authorized to issue revenue bonds for the purpose and in the manner now or hereafter provided by an Act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Bond Law (Ga. L. 1937, p. 761; Ga. L. 1957, p. 36) as now or hereafter amended. All revenue bonds issued before the effective date of this Charter shall continue in full force and effect. Section 8.14. Debt Limitation . The General Services District and the Urban Services District shall each constitute a political division of this state within the contemplation of Article VII of the Constitution of the State of Georgia

Page 2183

of 1945, as amended, (Ga. Code Ann. 2-6001, et seq.), governing the limitation of the debt of the Unified Government. ARTICLE IX . PENSIONS AND PERSONNEL SYSTEMS . Section 9.01. Protection of Existing Pension and Retirement Rights . Persons who, at the time this Charter takes effect, are employed by The City Council of Augusta or Richmond County or any joint Commission or agency thereof, or who shall have been retired from such employment shall retain all rights which have accrued to them under the applicable retirement and pension systems of The City Council of Augusta or Richmond County, existing on the date of the adoption of this Charter; and the Unified Government shall make such annual appropriations thereto as are required under said systems by The City Council of Augusta and Richmond County, respectively. Upon the adoption of a new retirement system, transfers thereto of the rights and privileges of employees from existing pension systems may be made, but only on the condition that such transfers shall be made without impairment or diminution of any rights or privileges, including Social Security coverage, to the employee whose rights are so transferred. Section 9.02. Establishment of New Pension and Retirement System; Merging of Existing Systems . The Commission is hereby authorized and empowered to establish and maintain a new system of pension and retirement benefits affecting new employees and such other employees as desire to be covered thereby and, further, is specifically authorized, whenever Social Security provisions are legally available to employees or any group of employees of the Unified Government, to provide for the integration of such Social Security provisions with any retirement or pensions systems as herein provided. Pending the establishment of a new system of pension and retirement benefits, all persons who become regular

Page 2184

employees of the United Government on and after the effective date of this Charter, and who are not the beneficiaries of any other pension or retirement system of The City Council of Augusta or Richmond County, shall be entitled to the benefits of that certain pension and retirement system adopted by the General Assembly and approved on February 25, 1949 (Ga. L. 1070 et seq.), as amended, in accordance with the provisions thereof. With reference to the existing pension laws and systems of The City Council of Augusta, including the said Act of 1949, the term Chairman of the Finance and Appropriation Committee shall be construed to mean such person designated for that purpose by the Commission; the term Comptroller shall be construed to mean Chairman; and the term The City Council of Augusta shall be construed to mean Unified Government. Section 9.03. All Employee Rights and Benefits Protected . Nothing in this Charter shall impair, diminish or abolish employee benefits existing on the effective date of this Charter, nor shall anything in this Charter impair, diminish or abolish the tenure rights of any employee of The City Council of Augusta or Richmond County under any applicable law. Section 9.04. Merit Service . All employees of the Unified Government shall be in the merit service, except the following: (a) Elected officials; (b) Appointive members of boards, commissions, and authorities; (c) The Administrative Assistant, the Internal Auditor, the Clerk of Commission, the Recorder and Assistant Recorder, the Director of the Division of Legal Services, and the Director of the Division of Medical Services. (d) Personal secretarial assistants of the Chairman;

Page 2185

(e) Persons temporarily employed in a professional or scientific capacity or to conduct a special inquiry, investigation, examination, or installation; (f) Temporary or part-time employees; and (g) Such other positions as may be excepted by ordinance of the Commission. Section 9.05. Rules and Regulations for Personnel . The Director of Personnel shall prepare such personnel rules and regulations as may be necessary to carry out the provisions of this Charter with respect to persons in the merit service. Such rules and regulations shall be submitted to the Chairman who shall propose them, with such changes he deems desirable, to the Commission for adoption by ordinance. Said rules and regulations shall provide for the method of holding competitive examinations; maintaining eligibility lists for the merit service; certifying employees eligible for appointment in the merit service; administering the classification plan and pay plan; promoting, demoting, transferring, or terminating employees; granting leaves of absence; appealing to the Personnel Review Board herein created; conducting in-service training programs; and such other matters as may be necessary to provide adequate and systematic handling of the personnel affairs of the Unified Government. Section 9.06. Classification and Pay Plan . The Director of Personnel shall prepare a plan for classification and grading and a plan for pay for all positions in the merit service. The plan for classification and grading shall identify all positions in the merit service, according to similarity of authority, duties, and responsibilities. The pay plan shall provide for regular increments of salary increases within such range to be earned by length of service and satisfactory service ratings. The Chairman shall propose the plans for classification and the plan for pay, with such changes as he deems desirable, to the Commission for adoption, and such plans shall take effect when adopted by ordinance of the Commission, or thirty days after their submission; if, prior thereto, no action has been taken by the Commission.

Page 2186

The pay plan adopted by the Commission shall include a minimum and maximum and such intermediate rates as may be deemed desirable for each class of positions. Amendments to the pay schedule and classification plans may be recommended from time to time in the same manner as herein provided for original adoption of the plans. Section 9.07. Creation of Personnel Review Board; Duties . There is hereby created a Personnel Review Board consisting of five electors of Augusta-Richmond County, to be appointed as provided in Article IV, section 4.07 of this Charter. Members of the Personnel Review Board shall serve for terms of four years and until their successors are appointed and qualified. The Personnel Review Board shall choose one of its members to be chairman for a term of two years. The Director of the Division of Personnel may attend meetings of the Board. He shall designate an employee of the Division of Personnel to act as secretary of the Board who shall keep a full and accurate record of all proceedings of the Board. The Personnel Review Board shall make recommendations on personnel rules and regulations; hear appeals from employees according to procedures established by ordinance of the Commission pertaining to classification, reclassification, and allocation of positions within the merit service; hear appeals from disciplinary actions; investigate conditions of employment in the service of the Unified Government and report thereon, at least annually, to the Commission; and perform such other functions and duties as may be required by ordinance. Section 9.08. Action Against Employees of the Unified Government . The Commission may bring charges against any appointed officer or employee whether or not in the merit service of the Unified Government for lack of qualifications, incompetence, neglect of duty, gross misconduct in reference to his duties, or violation of the standards of ethics contained in this Charter which is hereby made a part of this Charter, or such other grounds as the Commission may determine. The charges shall be presented

Page 2187

in writing to the employee against whom such charges have been made, and the Commission shall, upon the request in writing of such person, order a public hearing thereon, to be held not sooner than ten days thereafter, at which such person shall have the right to be heard, to be represented by counsel, and to require by subpoena the attendance of witnesses and the production of relevant books and papers. If, after hearing, the accused be found guilty as charged, he may be suspended or dismissed from the service of the Unified Government by the affirmative vote of a majority of the Commission. Section 9.09. Employment Policy . It shall be the policy of the Unified Government that employment, promotion, demotion, transfer, dismissal, or other disciplinary action, and uniform rates of compensation with respect to employees in the merit service, shall be on the basis of merit and qualification, without discrimination as to race, color, religion, political affiliation, sex, or national origin. ARTICLE X . SUPERIOR AND OTHER STATE COURTS; SHERIFF OF RICHMOND COUNTY; CORONER OF RICHMOND COUNTY . Section 10.01. Superior and Other State Courts . Except as hereinafter provided, nothing contained in this Charter shall be construed so as to affect the offices, functions, jurisdiction, procedures, proceedings, organization, practices, authorities, and status of the Courts of Justices of the Peace, Notaries Public, Ex Officio Justices of the Peace, Court of Ordinary, Municipal Court of the City of Augusta (established by an Act of the General Assembly approved August 28, 1931 Ga. L. 1931, pp. 1931 et seq., as amended), State Court of Richmond County (established by an Act of the General Assembly, Ga. L. 1880-1, pp. 540, as amended), Juvenile Court and Superior Court of Richmond County, the officers and judges thereof. The status or relationship heretofore existing between Richmond County (and its governing body) and said officers and courts (including all of the rights, powers, benefits, obligations,

Page 2188

authorities, and duties) shall henceforth exist, enure to, be exercised and assumed by the Unified Government. All employees of Courts, as hereinabove stated, shall be employees of the Unified Government and their salaries and remuneration shall be fixed by the Commission and such employees shall be subject to the provisions of this Charter governing personnel procedures and practices. Section 10.02. Office of Sheriff Continued . The Sheriff of Richmond County shall be the Sheriff of the Unified Government. He shall serve for the same term and his compensation shall be fixed as heretofore provided by law. Subsequent elections for Sheriff shall be upon the same basis as provided by law for sheriffs generally. Section 10.03. Duties of Sheriff . The Sheriff shall attend upon and execute the orders, processes, summons, and writs of the Superior Court of Richmond County, State Court of Richmond County, Court of Ordinary of Richmond County, Juvenile Court of Richmond County, and shall enforce executions issued by any officer or agency of Augusta-Richmond County. The Sheriff shall also perform the duties and responsibilities heretofore performed and assumed by the Sheriff of The City Council of Augusta. The Sheriff shall continue to have the authority conferred on sheriffs by the Constitution and laws of the State of Georgia. Section 10.04. Retirement and Pension Rights of Sheriff and Sheriff's Deputies Protected . Nothing in this Charter shall be construed so as to affect the eligibility of the Sheriff or his deputies for membership in the Peace Officers Annuity and Benefit Fund. Section 10.05. Office of Coroner Continued . The Coroner of Richmond County shall be the Coroner of the Unified Government and all laws applicable to the Coroner of Richmond County shall continue in full force and effect. On the effective date of this Charter, the incumbent Coroner who was serving Richmond County on the day next preceding the effective date of this Charter shall become the

Page 2189

Coroner of the Unified Government and his election, term of office and compensation shall be as provided by law. All employees of the office of Coroner shall be employees of the Unified Government and their salaries and remuneration shall be fixed by the Commission and such employees shall be subject to the provisions of this Charter governing personnel procedures and practices. ARTICLE XI . RECORDER, RECORDER'S COURT . Section 11.01. Laws Continued in Force . On the effective date of this Charter, the office of Recorder and the Recorder's Court of The City Council of Augusta, as they exist on the date of the adoption of this Charter, are redesignated Recorder and Recorder's Court of Augusta-Richmond County, respectively, so that wherever the term Recorder's Court is referred to in the laws and ordinances pertaining thereto, it shall be construed to mean the Recorder's Court of Augusta-Richmond County. Said Court, as herein renamed, shall continue its operation without interruption resulting from the adoption of this Charter and, except as otherwise provided by this Charter, those provisions of the laws pertaining to said Court as they existed on the date of the adoption of this Charter are hereby continued in unimpaired force and effect; except that the following terms contained therein shall be construed as indicated to wit: The term Council shall mean Commission; the term Mayor shall mean Chairman; and the term Councilman shall mean Commissioner. Section 11.02. Jurisdiction of Recorder's Court . The Recorder shall continue to have all the rights, authority, power, and jurisdiction now possessed by him under all present applicable laws; and, in addition thereto, the Recorder, while holding Recorder's Court, shall be and is hereby empowered and authorized and given jurisdiction to accept pleas of guilty or nolo contendere.

Page 2190

The jurisdiction of the Recorder's Court shall extend throughout the territorial limits of Richmond County as the same exists on the date of the adoption of this Charter. The Recorder, while holding such Court, shall have jurisdiction to try all persons charged with violations of the rules, regulations, by-laws, and ordinances of The City Council of Augusta that are continued in effect under the provisions of this Charter, as well as the violation of the rules, regulations, by-laws and ordinances of the Unified Government; and, for the violation thereof, to impose punishment by fines and imprisonment, or by fines or imprisonment or labor on the public works, either or both in the discretion of the Recorder, provided such punishment for such violation or violations is within the limits prescribed by the ordinance for the conviction of which such punishment is imposed. The Recorder shall have power of subpoena granted by law to inferior courts of the state. The Recorder, while holding Recorder's Court, shall have full power and authority to try and, upon conviction, to punish contempt of the Commission, where provided under this Charter, and of the Court for the failure to obey any lawful summons, subpoena, process, or other for which failure to obey is punishable under any law or ordinance; such punishment to be by a fine not exceeding One Hundred ($100.00) Dollars or imprisonment not exceeding twenty (20) days, or both. Section 11.03. Appeal Bond: Trial DeNovo in Recorder's Court . Any person found guilty by the Recorder upon a plea of not guilty, when charged in violation of an ordinance of the Unified Government, shall have the right of certiorari to the Superior Court from the Recorder's Court in the same manner and under the same procedure as now prescribed by law for certiorari from inferior courts of the state. Section 11.04. Appointment of Recorder, Assistant Recorder, and Clerk . On the effective date of this Charter, the incumbent Recorder, Assistant Recorder, and Clerk of

Page 2191

the Recorder's Court who were serving The City Council of Augusta on the day next preceding the effective date of this Charter shall continue to serve in their respective offices until their respective successors are appointed and qualified. Upon the occurrence of a vacancy in the office of the Recorder, Assistant Recorder, or the Clerk of Recorder's Court, respectively, the Chairman shall nominate, and subject to confirmation by a majority vote of the Commission, appoint a Recorder, Assistant Recorder, or Clerk of Recorder's Court, as the case may be. Section 11.05. Term; Qualification of the Recorder and Assistant Recorder . The term of office of Recorder, Assistant Recorder, and Clerk of Recorder's Court shall be four years and until a successor is appointed and qualified. The Recorder and Assistant Recorder shall be not less than 30 years of age, an active member of the State Bar of Georgia in good standing, a resident of the territory of the Unified Government, and shall have practiced law for a period of not less than five years prior to the commencement of the duties of office. Section 11.06. Rules; Procedures, Clerk of Recorder's Court . The Commission shall, by ordinance, fix rules and regulations governing the time, place and number of sessions of the Court. The Clerk shall prepare the Court dockets, maintain all Court records and serve as the Court's chief administrative officer. Section 11.07. Acting Recorder . In the absence of the Recorder and Assistant Recorder, the Chairman may preside or appoint a member of the Commission to preside in the Recorder's Court who shall have all of the rights and powers of the Recorder, while holding the Recorder's Court. Section 11.08. Recorder's and Assistant Recorder's Oath . The Recorder and Assistant Recorder shall take an oath before the Chairman well and truly to discharge the duties of his office to the best of his ability and without partiality.

Page 2192

ARTICLE XII . ELECTIVE OFFICES ABOLISHED . Section 12.01. Tax Commissioner of Richmond County . On the effective date of this Charter, the office of Tax Commissioner of Richmond County shall stand abolished and the term of the incumbent Tax Commissioner shall terminate. The duties, responsibilities and functions of said office shall be assumed by the Department of Finance. Section 12.02. Treasurer of Richmond County . On the effective date of this Charter, the office of Treasurer of Richmond County shall stand abolished and the term of the incumbent Treasurer shall terminate. The duties, responsibilities and functions of said office shall be assumed by the Department of Finance. ARTICLE XIII . CONDUCT OF ELECTIONS . Section 13.01. General Provisions . All elections of the Unified Government shall be conducted in accordance with the provisions of an Act entitled The Georgia Municipal Election Code (Ga. L. 1968, p. 885, et seq.), as amended. In said Act, the terms municipal and municipality shall be construed to mean Augusta-Richmond County. Section 13.02. Who May Vote . All qualified electors of Augusta-Richmond County are eligible to vote in Unified Government elections. Each elector shall be entitled to vote for as many respective candidates for public office as there are respective offices to be filled at such election; except that in the case of elections for district commissioners, only those electors residing in the district from which the Commissioner for such district is to be elected shall be entitled to vote for such Commissioner. Section 13.03. General Elections . The general elections of the Unified Government shall be held on the first Tuesday after the first Monday in November of each even-numbered year, beginning in 1974.

Page 2193

At the first general election, the Chairman and sixteen commissioners shall be elected as hereinafter in this Charter provided, and thereafter at each general election six district commissioners and two at-large commissioners shall be elected to office. At the general election of 1976 and thereafter at each alternate general election, the Chairman shall be elected. The candidate receiving a majority of the votes cast for the office for which he is a candidate shall be elected to such office. Section 13.04. Primaries . Whenever any political party shall hold a primary to nominate candidates for the offices of Chairman and Commissioner, to be filled in the ensuing November election, such primary shall be held on the same day established by law for the holding of primaries in which candidates are to be nominated for State public offices. Section 13.05. Assumption of Office . The persons elected at the first general election shall take office on the first day of January, 1972, and all persons elected thereafter shall take office on the first Monday after the first day of January, next following their election. ARTICLE XIV . CODE OF ETHICS AND PROHIBITED PRACTICES . Section 14.01. Conflict of Interest . No elected official, appointed officer or employee of the Unified Government shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair his independence of judgment or action in the performance of his official duties;

Page 2194

(2) Engage in or accept private employment or render services for private interest when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair his independence of judgment or action in the performance of his official duties; (3) Disclose confidential information concerning the property, government, or affairs of the Unified Government or any office, department, or agency thereof without proper legal authorization, or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of a service, loan, thing or promise, from any person, firm or corporation which, to his knowledge, is interested, directly or indirectly in any manner whatsoever, in business dealings with the Unified Government; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; and (5) Represent private interests in any action or proceeding against the Unified Government. Section 14.02. Disclosure . Any elected official, appointed officer or employee of the Unified Government who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within the Unified Government shall disclose such private interest to the Commission. The Chairman or any Commissioner who has a private interest in any matter pending before the Commission shall disclose such private interest and such disclosure shall be entered on the records of the Commission and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected official, appointed officer or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such office, department or agency shall disclose such private interest to the Commission.

Page 2195

Section 14.03. Use of Public Property . No elected official, appointed officer or employee of the Unified Government shall use property owned by the Unified Government for personal benefit, convenience or profit, except in accordance with policies promulgated by the Commission. Section 14.04. Testimony of Public Officials Relating to Public Affairs . Any elected official, appointed officer or employee of the Unified Government who is duly and properly called as a witness before any Unified Government, state of federal judicial or administrative tribunal; and who shall, before such tribunal, fail to answer any proper question concerning the performance of his official duties shall be guilty of a violation of this code of ethics. Section 14.05. Contracts Voidable and Rescindable . Any contract between the Unified Government and another party shall be voidable or rescindable at the option of the Unified Government at any time, if any elected official, appointed officer or employee of the Unified Government has any interest in such contract and does not disclose such interest. Section 14.06. Political Activities of Certain Officers and Employees . No appointive officer or employee of the Unified Government shall continue in such employment upon qualifying as a candidate for nomination or election to any public office, nor shall any appointive officer or employee thereof electioneer for a candidate or take any part in the management of the affairs of any political party or in any political campaigns, except to exercise his right as a citizen privately to express his opinions and cast his vote. Section 14.07. Penalties for Violation . Elected officials, appointive officers, and employees of the Unified Government may be punished for violation of section 14.01 through 14.06 hereof as follows: (1) The Chairman and members of the Commission shall be subject to censure by the Commission. (2) All appointed officers and employees shall be subject to removal from office as provided in this Charter.

Page 2196

ARTICLE XV . MISCELLANEOUS PROVISIONS . Section 15.01. Title, Subtitles and Captions . The titles, subtitles and captions appearing to the Articles and Sections of this Charter are informative only and are not to be construed as a part thereof. Section 15.02. Interpretation of Terms Unless Clearly Indicated Otherwise . (1) The words, phrases, and provisions of this Charter shall be given their usual, customary, and ordinary signification. (2) The singular shall include the plural and the plural the singular. (3) The masculine shall include the feminine. (4) The specific shall control over the general and specific provisions shall have precedence over general provisions in the situations where the specific provisions are applicable. Section 15.03. Fidelity Bonds . All appointed officers and employees of the Unified Government, both elective and appointive, shall execute such official bonds in such amounts, and upon such terms and conditions as the law or the Commission may require. The bonds shall be approved by the Division of Legal Services and filed with the Clerk of Commission. Section 15.04. Fees Due Unified Government . All fees, commissions, emoluments and perquisites of any public office which would have accrued to The City Council of Augusta and Richmond County shall accrue and belong to the Unified Government and shall be remitted to the Unified Government. Section 15.05. Action by Deputies . In all cases in which provision is made in this Charter requiring appointed officers to take formal action, such action may be taken in

Page 2197

the absence of said officers by their duly authorized deputies, and in accordance with such ordinances as may be adopted governing the same. Section 15.06. Relationship to Federal and State Agencies . The Unified Government shall have the power and authority to participate in, cooperate in and take all necessary action with respect to any and all projects, programs and undertakings of any nature authorized by any statute, rule or regulation of the United States or the State of Georgia, or any federal or state agency or instrumentality, and to exercise with respect thereto all the power conferred by any other state or federal statute; to borrow money, and issue promissory notes, general obligations bonds or revenue bonds, or a combination thereof, for any such purpose; and to execute mortgages, security deeds, or deeds of trust conveying property as security for any such obligation. The Unified Government shall be deemed a county and shall also be deemed a municipality for the purpose of determining its right to receive, and for the purpose of receiving, state aid or grant-in-aid from the State of Georgia or from the United States, or from any other agency or instrumentality thereof, or from any other source, public or private. The Unified Government shall be entitled to receive and shall receive as state aid or as grant-in-aid from the State of Georgia under any state law, or from the United States under any federal law, or from any other agency or instrumentality thereof, or from any other source, public or private, all funds to which a county is, or may hereafter be, entitled and also all funds to which a municipality is, or may hereafter, be entitled, and to receive the same without diminution or loss by reason of unification of the County of Richmond and The City Council of Augusta. Following the effective date of this Charter, when state aid, federal aid, or other grant-in-aid is distributed to any municipality on the basis of population, whatever the purposes of such aid may be, then the total population of Augusta-Richmond County shall be used in calculating and

Page 2198

determining the basis of the distribution of such funds to the Unified Government. Section 15.07. Public Utility Franchises . Franchises heretofore granted by The City Council of Augusta or Richmond County shall be unaffected by this Charter and shall continue in force and effect in accordance with their provisions, terms and conditions. For the purposes of Section 2, Paragraph 8, of the Electric Membership Corporation Act, approved March 30, 1937 (Ga. L. 1937, p. 644), as amended, the area of Richmond County, outside the present limits of incorporated or unincorporated cities, towns, and villages existing at the time of the passage of this Act, shall not, by virtue of this Act, be deemed to have come within the limits of an incorporated or unincorporated city, town, or village. Section 15.08. Budgets of County Officers and Agencies . All officers, boards, authorities, commissions and other agencies not under the direct control and jurisdiction of the Commission which receive appropriations from the Unified Government shall, ninety days prior to the commencement of each fiscal year, prepare and submit to the Chairman annual operating and capital budget requests for the ensuing fiscal year. Such budget requests shall be incorporated into the overall Unified Government budget for submission by the Chairman to the Commission. The Chairman and Commission shall grant hearings to any such offices, boards, authorities, commissions and other agencies on such proposed budgets. Section 15.09. Amending Charter . This Charter may be modified, rescinded, or otherwise amended in the manner provided for the amending of municipal charters in an Act of the General Assembly of Georgia, approved 1965 (Ga. L. 1965, p. 298 et seq.), as amended. In said Act, the word municipality shall be construed to mean Augusta-Richmond County and the words municipal governing authority shall be construed to mean the Unified Government. Section 15.10. Severability of Provisions . If any section, subsection, paragraph, sentence, clause, or phrase of this

Page 2199

Charter, or the application thereof to any person or circumstance, should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions or other applications of this Charter, which shall remain in full force and effect; and to this end the provisions of this Charter and the application thereof are hereby declared to be severable. Section 15.11. Conflicting Laws Repealed . The Act of the General Assembly, approved February 15, 1952 (Ga. L. 1952, pp. 2771-2786), which Act relates to, and amends, the Charter of the City Council of Augusta, so as to create a Board of Civil Service Commission; prescribe the qualifications, powers, and duties and authorities of said Board and its members; fix compensation; provide for method of election and appointment and removal of members; prescribe procedures, rules and regulations governing said Board; and pertains to age limits, retirement, and election of officers and employees of the fire and police department and other purposes, is hereby repealed in its entirety. All other laws and parts of laws in conflict herewith are hereby repealed. ARTICLE XVI . TRANSITIONS AND INTERIM PROVISIONS . Section 16.01. Certain Ordinances and Resolutions Continued . All ordinances, resolutions and by-laws of The City Council of Augusta in effect on the effective date of this Charter shall continue in force and effect, when not inconsistent with the provisions of this Charter, and shall have the legal effect of ordinances of the Unified Government operative within the Urban Services District or Districts until repealed, modified, or amended by subsequent action of the Unified Government. All resolutions of Richmond County and regulations pertaining to said County, when not inconsistent with the provisions of this Charter, shall continue in force and shall have the legal effect of ordinances and resolutions of the Unified Government until repealed, modified or amended by subsequent action of the Unified Government.

Page 2200

Existing rules and regulations of departments and agencies of the City of Augusta, not inconsistent with the provisions of this Charter or with rules and regulations of the corresponding departments and agencies of Richmond County, shall be effective, as rules and regulations of the appropriate department or agency of the Unified Government until they have been repealed, modified, or amended. Section 16.02. Property Rights, Contracts, Obligations, Causes of Action and Legal Proceedings Continued . All right, title and interest in all real and personal property vested in The City Council of Augusta or Richmond County shall be vested in the Unified Government. All rights and obligations under contracts, trusts, leases, bonds, orders, or other instruments, shall continue in effect according to the terms and conditions thereof as obligations and rights of the Unified Government. No pending action or proceeding of any nature (civil, criminal, judicial, administrative, or other) by or against The City Council of Augusta or Richmond County or any agency, department, employee or officer in his official capacity shall be abated or otherwise affected and the Unified Government shall stand substituted as a party in lieu thereof. Section 16.03. Dissolution of Existing Governments . Until the effective date of this Charter, all powers vested in Richmond County, The City Council of Augusta or in their respective officers, agents, or agencies, shall remain in full force and effect. Upon the effective date of this Charter, the Board of Commissioners of Richmond County, the Mayor of the City of Augusta and The Council of the City of Augusta and the officers of all members thereof, shall stand abolished and all remuneration and emoluments appertaining thereto shall cease. All boards, commissions, departments, authorities, offices, and agencies of The City Council of Augusta and Richmond County shall continue to operate as heretofore until the Commission makes provision for their consolidation, reorganization, or transfer of functions and shall, until that time, function as representatives of the Unified Government and subject to the control and direction of the Commission.

Page 2201

Section 16.04. Transfer of Records and Equipment . When boards, commissions, authorities, departments, offices and agencies of The City Council of Augusta or of Richmond County are abolished or consolidated by this Charter, all assets, contracts, franchises, books, papers, maps, charts, plans, records, other equipment and personal property in the possession of the same shall be delivered to the boards, commissions, authorities, departments, offices and agencies to which its rights, powers, duties and obligations are transferred. Section 16.05. Protection of Existing Employees . Upon the effective date of this Charter, all permanent employees of The City Council of Augusta and Richmond County and all permanent employees of any department, board, authority, commission, office or agency thereof, shall become employees of the Unified Government and shall be assigned to duties as similar in nature as may be practicable within said government; provided, however, nothing herein shall be deemed to confer any vested right with respect to such employment. All permanent employees of The City Council of Augusta and of Richmond County or of any department, office, or agency thereof, entitled to be included in the merit service under the provisions of this Charter, shall immediately become members of the merit service of the Unified Government upon the effective date of this Charter and shall not be required to take an examination for such purpose. Section 16.06. Fiscal Provisions . Supplemental appropriations may be made by the Commission to any department, board, commission, office or other agency of the Unified Government, following the effective date of this Charter; provided, however, such appropriations shall be made within the structure of the budgets adopted for the previous year by The City Council of Augusta and Richmond County. Section 16.07. Election of First Chairman and Commission . The initial general election of the Unified Government shall be held on the third Tuesday in September, 1971, for

Page 2202

the purpose of electing the first Chairman and the sixteen members of the first Commission of the Unified Government. The Ordinary shall publish a notice of the call for such election in a daily newspaper having a general circulation in Augusta-Richmond County, once a week for two weeks immediately preceding the date of such election. The term of office of the first Chairman shall commence on the first day of January in 1972 and expire on the first Monday after the first day of January in 1976. The terms of office for the first Commissioners shall commence on the first day of January in 1972. The initial terms of all Commission posts shall be staggered so that half of them (comprising either the odd-numbered posts or the even-numbered posts) shall expire on the first Monday after the first day of January in 1974, and the other half shall expire on the first Monday after the first day of January in 1976. Thereafter, all commissioners elected at the biennial general election shall be elected for terms of four years. The initial terms of Commission posts shall be determined within thirty days following the adoption of this Charter as follows: The Ordinary shall place in an enclosed container two slips of paper, one of which shall contain thereon the words Even-Numbered Posts, and the other of which shall contain thereon the words Odd-Numbered Posts. The Ordinary shall then draw one of such slips from the container, and the posts numbered as indicated on the slip so drawn shall have four-year terms, and the remaining posts shall have two-year terms. The Ordinary shall certify the result of said drawing to the Secretary of State and the clerks of the governing authorities of the City of Augusta and Richmond County, each of whom shall attach such certification to the copy of the Charter previously certified to him. Section 16.08. Employment of Tax Commissioner of Richmond County . The person who shall be the Tax Commissioner of Richmond County on the effective date of this Charter, provided that he shall have held this office for at least twelve months, shall be appointed to and employed within the Department of Finance, Division of Revenue

Page 2203

Collection. The position to which said person is appointed will be no less than the Deputy Director of the Division of Revenue Collection, and his appointment shall be for a term of no less than three years to perform such duties, functions, and responsibilities as the Commission may determine to be commensurate with the experience and knowledge of said person; provided, that all rights, benefits and privileges heretofore accrued to said person, including the right to receive any pension which he may be entitled to receive, shall be continued unaffected and that he be compensated for services at an annual salary of not less than that received during the last year of his elective office. Section 16.09. Employment of Treasurer of Richmond County . The person who shall be Treasurer of Richmond County on the effective date of this Charter, provided that he shall have held this office for at least twelve months, shall be appointed to and employed within the Department of Finance, Division of Financial Accounting and Reporting. The position to which said person is appointed will be no less than Deputy Director of the Division of Financial Accounting and Reporting, and his appointment shall be for a term of three years to perform such duties, functions, and responsibilities as the Commission may determine to be commensurate with the experience and knowledge of said person; provided, that all rights, benefits and privileges heretofore accrued to said person shall be continued unaffected and that he be compensated for services at an annual salary of not less than that received during the last year of his elective office. Section 16.10. Special Powers During Transition . Not later than ten days following the date of the initial general election held for electing the first Chairman and the other members of the first Commission of the Unified Government, the Chairman and the other members of the Commission who have been elected shall take their respective oaths of office and thereupon meet for the purpose of organizing the Commission. The Chairman and the other members of the Commission shall be authorized to receive and expend appropriations

Page 2204

from The City Council of Augusta and the Board of Commissioners of Richmond County for the purpose of performing the following responsibilities: (a) Appointment of an Administrative Assistant, Internal Auditor, Clerk of Commission and Department Directors; (b) Plan for and schedule the initial organization of the Unified Government; (c) Prepare financial data in readiness for the initial budgetary year; and (d) Call meetings, appoint committees, and perform such other acts as necessary in planning and scheduling for implementation of the Unified Government. Any appointed officer who assumes office prior to the effective date of this Charter, pursuant to this Section, shall be entitled to receive compensation for his services during the period from the date his services commence until the effective date of this Charter. Such compensation, to be fixed by the Commission, shall be paid during the period by the Board of Commissioners of Richmond County and The City Council of Augusta. Section 16.12. Cooperation of Former Governments . Until the effective date of this Charter, all elected officials, appointed officers, and employees of The City Council of Augusta and Richmond County shall cooperate with and assist the Chairman and the other members of the Commission and other officers of the Unified Government in planning for and scheduling the reorganization of departments, boards, commissions and agencies of said former governments, and in transferring the functions, duties, and responsibilities of such departments, boards, commissions and agencies to the appropriate agencies of the Unified Government in order that the transfer of the governmental and corporate functions of the former governments shall be accomplished in the most orderly manner possible. The Chairman and the other members of the Commission

Page 2205

and officers of the Unified Government shall be entitled to examine all records, files, and other data in the possession of the former governments and all officers, officials and employees and departments thereof. The former governments shall provide office facilities for the appointed officers and employees of the Unified Government. Section 16.13. Contest of Validity of Charter . If any suit or proceeding be filed prior to the effective date of this Charter contesting the validity or constitutionality of this Charter, in whole or in part, or for a judicial interpretation of this Charter or of any of its provisions, the members of The City Council of Augusta and Richmond County Board of Commissioners shall, by majority vote, appoint competent legal counsel to defend and uphold this Charter and the provisions thereof, and their reasonable compensation shall be an obligation of the Unified Government or an obligation of The City Council of Augusta and Richmond County if the Unified Government shall not have come into existence. Section 16.14. Supremacy of Transitional Provisions . To the extent, for the time and in the situations where applicable, the transitional provisions contained in this Article and elsewhere in this Charter shall have supremacy over other provisions of this Charter. Section 16.15. Referendum . The within Act shall become effective only upon its being approved by a majority of qualified voters of Richmond County, residing outside the corporate limits of the City of Augusta, who vote at the special referendum; and a majority of the qualified voters of Richmond County, residing inside the corporate limits of the City of Augusta, who vote at such special referendum; to be called and held as hereinafter provided: (a) The Secretary of State shall furnish to the Ordinary of Richmond County, a certified copy of this Act; and (b) Not more than thirty days after receipt of the certified copy of this Act it shall be the duty of the Ordinary of Richmond County to issue the call for an election to be

Page 2206

held on the 25th day of May, 1971, at which there shall be submitted to the qualified voters of Richmond County, residing outside the corporate limits of the City of Augusta, and the qualified voters of Richmond County residing inside the corporate limits of the City of Augusta, the question of whether or not this Act, establishing a Unified Government for Richmond County and The City Council of Augusta shall be approved and become effective. 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 Richmond County. The ballot shall have written thereon, the following: YES () NO () Shall the Act of the General Assembly of Georgia establishing a Unified Government for Richmond County and The City Council of Augusta, designating and vesting powers and duties; setting terms and compensation; establishing functions, combining and consolidating municipal and county agencies, departments, boards, bureaus, commissions, and governing authorities, be approved and become effective? Referendum. All persons desiring to vote in favor of approving the Act shall vote Yes, and all persons desiring to vote against approving the Act shall vote No. (c) The Ordinary of Richmond 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 places for voting at said election. Said election shall be held according to the laws and regulations governing elections for Members of the General Assembly; and (d) The votes cast on such question by the qualified voters of Richmond County, residing outside the corporate limits of the City of Augusta, and the votes cast on such question by the qualified voters of Richmond County, residing inside the corporate limits of the City of Augusta shall be counted separately. If more than one-half of the

Page 2207

votes cast by the qualified voters of Richmond County, residing outside the corporate limits of the City of Augusta are for approval of this Act, and if more than one-half of the votes cast by the qualified voters of Richmond County, residing inside the corporate limits of the City of Augusta vote for the approval of this Act, then the Act shall thereby be approved and shall become effective; otherwise, this Act shall be disapproved and shall not be or become effective; and (e) The expenses of such election shall be borne equally by The City Council of Augusta and Richmond County; and (f) The Ordinary of Richmond County shall canvass the returns and certify the results of said election, as follows: 1. The Ordinary shall certify the votes cast. 2. The Ordinary shall certify the returns thereof to the Secretary of State of Georgia. The Ordinary shall also return to the Secretary of State with the certification of said returns, a certified copy of this Act. The Secretary of State shall issue his proclamation showing and declaring the results of said election on the question of the approval or disapproval of this Act; one copy of which proclamation shall be transmitted to The City Council of Augusta and one copy shall be transmitted to the governing authority of Richmond County. Section 16.6. Date and Purposes for Which Charter is Effective . In the event this Act shall be approved by the qualified voters of Richmond County, residing outside the corporate limits of the City of Augusta, and the qualified voters of Richmond County, residing inside the corporate limits of the City of Augusta, as provided in section 15.12 hereof, then this Act shall become effective on the date of its approval for the purpose of the election of the Chairman and the members of the Commission of the Unified Government and for such other purposes as are provided in this Charter.

Page 2208

Except as otherwise provided herein, this Charter shall become effective on January 1, 1972. In the event that the first Chairman and members of the first Commission are delayed in taking office or in functioning as the governing authority of the Unified Government for any cause, the effective date of this Charter shall be the earliest date thereafter when they shall have taken office and commence to function as the governing authority of the Unified Government. ARTICLE XVII . COMMISSION DISTRICTS . Section 17.01. District No. 1 . All of that area delineated within the boundaries beginning at a point in the Savannah River where the boundary between the States of Georgia and South Carolina would be intersected by the center line of Jackson (Eighth Street) of the City of Augusta, if said center line was extended in a straight line on the same bearing as that of the center line of the segment of said street lying to the North of Reynolds Street and South of the Augusta Levee; thence extending along said boundary between said States down stream in the Savannah River, to a point in said river on said State boundary line where the Southern most boundary line of the city limits of the City of Augusta would intersect said boundary between said States if said line of the city limits was extended in a straight line so as to intersect said boundary between said States; thence turning and extending in a Westerly direction from said point in said river to the Eastern extremity of the said Southern boundary line of the city limits of the City of Augusta and continuing from the latter point along said Southern boundary of the said city limits in a Westerly direction to a point in the center line of the right-of-way of the Central of Georgia Railroad where the Southern boundary of the city limits would intersect said center line, if the said Southern boundary was extended in a straight line on the same bearing so as to intersect with said center line; thence turning and extending in a Northerly direction along the center line of said right-of-way of the Central of Georgia Railroad to a point

Page 2209

where it would be intersected by the center line of Ash Street, if such center line was extended on the same bearing as that of the segment thereof lying to the Southeast of Maple Street so as to intersect said center line of the Central of Georgia Railroad; thence turning and extending in a Westerly direction in a straight line to the Eastern extremity of the center line of Ash Street and continuing along said center line in a Westerly direction to the point where the center line of Ash Street would intersect the center line of Twiggs Street if said center line of Ash Street was continued in a Westerly direction on its same bearing so as to intersect said center line of Twiggs Street; thence turning and extending in a Northeasterly direction along the center line of Twiggs Street to the point where the center line of Jackson Street would intersect the center line of Twiggs Street if said center line of Jackson Street was extended on its same bearing in a Southerly direction so as to intersect the center line of Twiggs Street; thence turning and extending in a Northerly direction to the Southern extremity of the center line of Jackson Street and continuing in said direction along the center line of Jackson Street to the point of beginning. Section 17.01. District No. 2 . All of that area delineated within the boundaries beginning at the point where the center line of Jackson (Eighth) Street in the City of Augusta would intersect the boundary between the States of Georgia and South Carolina if said center line was extended in a Northeasterly direction on the same bearing as that of the segment of said center line lying to the North of Reynolds Street and to the South of the Augusta Levee, so as to intersect said boundary between said States; thence extending in a Southerly direction on a straight line to the Northern extremity of the center line of said Jackson Street and continuing thence Southerly along said center line to the point in the center line of Twiggs Street where the center line of Jackson Street would intersect if the center line of Jackson Street was extended on the same bearing as that of the segment of the center line of Jackson Street lying to the South of Spruce Street and North of Twiggs Street, so as to intersect the center line of Twiggs Street; thence extending in a Southwesterly direction along

Page 2210

the center line of Twiggs Street to the point where the center line of Wrightsboro Road would intersect with the center line of Twiggs Street if the center line of Wrightsboro Road was extended in a Northeasterly direction on the same bearing as that of the segment of the center line of Wrightsboro Road lying to the East of Campbell (Ninth) Street; thence extending in a Westerly direction to the Eastern extremity of the center line of Wrightsboro Road and continuing in said direction along the center line of Wrightsboro Road to a point where the center line of that portion of Baker Avenue lying to the North of Wrightsboro Road would intersect the center line of Wrightsboro Road if the center line of Baker Avenue was extended in a Southerly direction so as to intersect the center line of Wrightsboro Road at right angles to said center line; thence extending in a Northerly direction along the center line of Baker Avenue to a point in the center line of Walton Way where the center line of Walton Way and Baker Avenue would intersect if the center line of Baker Avenue was extended in a Northerly direction on the same bearing as that of the segment of the center line of Baker Avenue lying to the North of Howard Avenue and South of Walton Way, so as to intersect the center line of Walton Way; thence extending in an Easterly direction to a point where the center lines of Walton Way and Jefferson Davis Avenue (Fifteenth Street) intersect; thence extending in a Northerly direction along the center line of said Jefferson Davis Avenue to a point in the boundary line between the States of Georgia and South Carolina where the center line of Jefferson Davis Avenue would intersect if said center line were extended in said direction on the same bearing as the segment thereof lying to the North of Jones Street and South of Reynolds Street so as to intersect said boundary between said States; thence extending down stream in the Savannah River along said boundary between said States to the point of beginning. Section 17.03. District No. 3 . All of that area delineated within the boundary beginning at the intersection of the center lines of Wrightsboro Road and Mill Street; thence extending in a Westerly direction along the center line of Wrightsboro Road to the intersection of the center lines

Page 2211

of Wrightsboro Road and Troupe Street; thence turning and extending in a Southwesterly direction along the center line of Troupe Street (which becomes Kissingbower Road) to the intersection of the center lines of Kissingbower Road and Gordon Highway (U. S. Highways No. 78 and 278); thence extending in an Easterly direction along the center line of Gordon Highway to the intersection of the center lines of Gordon Highway and Deans Bridge Road (U. S. Highway No. 1); thence turning and extending in a Northeasterly direction along the center line of Deans Bridge Road to the junction of the center lines of Milledgeville Road and Deans Bridge Road; thence continuing in a Northeasterly direction along the center line of Milledgeville Road to the intersection of the center lines of Milledgeville Road and Mill Street; thence turning and extending in a Northerly direction along the center line of Mill Street to the point of beginning. Section 17.04. District No. 4 . All of that area delineated within the boundary beginning at the intersection of the center lines of Mill Street and Wrightsboro Road; thence extending in a Southerly direction along the center line of Mill Street to the intersection of the center line of Mill Street and Milledgeville Road; thence turning and extending in a Southwesterly direction along the center line of Milledgeville Road to the intersection of the center lines of Milledgeville Road and Olive Road; thence turning and extending in a Southeasterly direction along the center line of Olive Road to a point in the center line of the Savannah Road where it would be intersected by the center line of Olive Road if the center line of Olive Road was extended on the same bearing as that of the segment thereof lying to the Southeast of the junction of Kratha Drive and Olive Road; thence extending in a Southerly direction along and following the meandering of the center line of the Old Savannah Road (Georgia Highway No. 56) across Gordon Highway (U. S. Highway No. 25) and continuing to the intersection of the center lines of the Old Savannah Road and Lumpkin Road; thence turning and extending along the center line of Lumpkin Road in an Easterly direction to the intersection of the center line of Lumpkin Road and the right-of-way of the Central of Georgia Railroad; thence

Page 2212

turning and extending in a Northeasterly direction along the center line of the right-of-way of the Central of Georgia Railroad to a point in said center line where the center line of Ash Street and said right-of-way would intersect if the center line of Ash Street was extended on the same bearing as that of the segment thereof lying to the Southeast of Maple Streeet, so as to intersect with said center line; thence turning and extending in a Northwesterly direction along the center line of Ash Street to a point where the center lines of Twiggs Street and Ash Street would intersect if the center line of Ash Street was extended on the same bearing as that segment thereof lying Northwest of Maple Street so as to intersect the center line of Twiggs Street; thence turning and extending in a Northeasterly direction along the center line of Twiggs Street to the point where the center line of Twiggs Street and Wrightsboro Road would intersect if the center line of Wrightsboro Road was extended on the same bearing as that of the segment thereof lying to the East of Campbell (Ninth) Street so as to intersect the center line of Twiggs Street; thence extending in a Westerly direction along the center line of Wrightsboro Road to the point of beginning. Section 17.05. District No. 5 . All of that area delineated within the boundary beginning at the point in the center line of Walton Way where the same would be intersected by the center line of Baker Avenue if the center line of Baker Avenue was extended on the same bearing as that of the segment thereof lying to the North of Howard Avenue and South of Walton Way, so as to intersect said center line of Walton Way; thence extending in a Westerly direction along the center line of Walton Way to a point where the center line of that portion of Highland Avenue lying to the South of Walton Way would intersect the center line of Walton Way if the center line of said segment of Highland Avenue was extended in a Northerly direction so as to intersect said center line of Walton Way at right angles; thence extending to the Northern extremity of said center line of said portion of Highland Avenue and continuing in a Southerly direction along the center line of Highland Avenue (which becomes Wheeless Road) to the intersection of the center line of Wheeless Road and Deans Bridge

Page 2213

Road (U. S. Highway No. 1) intersect; thence turning and extending in a Northeasterly direction along the center line of Deans Bridge Road to the intersection of the center lines of Deans Bridge Road and Gordon Highway (U. S. Highways No. 78 and 278); thence turning and extending in a Northwesterly direction along the center line of Gordon Highway to the intersection of the center lines of Gordon Highway and Kissingbower Road; thence turning and extending in a Northerly direction along the center line of Kissingbower Road (which becomes Troupe Street) to the intersection of the center lines of Troupe Street and Wrightsboro Road; thence turning and extending in an Easterly direction along the center line of Wrightsboro Road to a point where the center lines of Wrightsboro Road and that portion of Baker Avenue lying to the North of Wrightsboro Road would intersect if said center line of said portion of Baker Avenue was extended so as to intersect the center line of Wrightsboro Road at right angle; thence turning and extending in a Northerly direction to the Southern extremity of said center line of Baker Avenue and continuing in a Northerly direction along said center line of Baker Avenue to the point of beginning. Section 17.06. District No. 6 . All of that area delineated within the boundary beginning at that point in the boundary between the States of Georgia and South Carolina where the center line of Jefferson Davis Avenue (Fifteenth Street) would intersect said boundary if the said center line was extended on the same bearing as that of the segment thereof lying North of Jones Street and South of Reynolds Street, so as to intersect said boundary line between said States; thence extending up stream in the Savannah River along the said boundary between said States to the junction of the line between Columbia County and Richmond County with the said State boundary; thence turning and extending along the boundary between Columbia and Richmond County in a Southwesterly direction to the intersection of said boundary with the center line of Stephens Creek Road; thence in a Southeasterly direction along the center line of the Stephens Creek Road to the point where said center line would intersect the center line of the right-of-way of Interstate 20 if said center line of

Page 2214

Stephens Creek Road extended so as to intersect the center line of Interstate 20 at right angles; thence turning and extending in a Westerly direction along the center line of the right-of-way of Interstate 20 to the intersection thereof with the center line of Washington Road; thence in a Southeasterly direction along the center line of Washington Road to the intersection thereof with the center line of Milledge Road; thence turning and extending in a Southerly direction along the center line of Milledge Road to its intersection with the center line of Walton Way; thence turning and extending in an Easterly direction along the center line of Walton Way to its intersection with the center line of Jefferson Davis Avenue (Fifteenth Street); thence turning and extending Northerly along the center line of Jefferson Davis Avenue to the point of beginning. Section 17.07. District No. 7 . All of that area delineated within the boundary beginning at the intersection of the center lines of Walton Way and Milledge Road and extending thence in a Westerly direction along the center line of Walton Way which becomes Walton Way Extension thence continuing along the center line of Walton Way Extension to the point where Jackson Road and Walton Way Extension converge (at which point Jackson Road becomes Walton Way Extension); thence turning and extending in a Northwesterly direction along the center line of Walton Way Extension which becomes Pleasant Home Road and then Davis Road to a point where it intersects the boundary between Columbia and Richmond Counties; thence turning and extending in a Northeasterly direction along said boundary to the point where it intersects the center line of Stephens Creek Road; thence turning and extending in a Southeasterly direction along the center line of Stephens Creek Road to the point where said center line would intersect the center line of Interstate 20 if said center line of Stephens Creek Road was extended so as to intersect the center line of Interstate 20 at right angles; thence turning and extending along the center line of Interstate 20 in a Westerly direction to its intersection with the center line of Washington Road; thence turning and extending in a Southeasterly direction along the center line of Washington Road to its intersection with the center line of Milledge

Page 2215

Road; thence turning and extending in a Southerly direction along the center line of Milledge Road to its intersection with the center line of Walton Way, the point of beginning. Section 17.08. District No. 8 . All of that area delineated within the boundary beginning at the point in the center line of Walton Way where the center line of that portion of Highland Avenue located South of Walton Way would intersect the center line of Walton Way if said center line of Highland Avenue was extended in a Northerly direction so as to intersect the center line of Walton Way at right angles; thence extending in a Southerly direction along the center line of Highland Avenue, which becomes Wheeless Road, to the intersection of the center line of Wheeless Road with the center line of the Deans Bridge Road (U. S. Highway No. 1); thence turning and extending in a Southwesterly direction along the center line of Deans Bridge Road to the point where the center line of Barton Chapel Road would intersect the center line of Deans Bridge Road if the center line of Barton Chapel Road was extended so as to intersect said center line at right angles; thence turning and extending along the center line of Barton Chapel Road in a Northerly direction to its intersection with the center line of the right-of-way of the Georgia Railroad; thence along said center line of the right-of-way of the Georgia Railroad in a Northeasterly direction to its intersection with the center line of Sibley Road; thence extending in a Northerly direction along the center line of Sibley Road to the point where the center line of Sibley Road would intersect the center line of North Leg Road if said center line of Sibley Road was extended so as to intersect the center line of North Leg Road at right angles; thence along the center line of North Leg Road in a Northerly direction to the point where the center lines of North Leg and Jackson Roads would intersect at the point of their junction with Wrightsboro Road if the center lines were extended so as to intersect; thence extending in a Northerly direction along the center line of Jackson Road to the point where the center lines of Jackson Road and Walton Way Extension converge (beyond which point Jackson Road becomes Walton Way Extension) thence in an

Page 2216

Easterly direction along the center line of Walton Way Extension which becomes Walton Way to said point where the center lines of Walton Way and said portion of Highland Avenue would intersect if extended as hereinabove provided, the point of beginning. Section 17.09. District No. 9 . All of that area delineated within the boundary beginning at the intersection of the center line of Olive Road with the center line of Milledgeville Road (U. S. Highway No. 1); thence Southwesterly to the point where the center line of Milledgeville Road, which becomes Deans Bridge Road (U. S. Highway No. 1), would intersect with the center line of Meadowbrook Drive if said center line of Meadowbrook Drive was extended in a Northerly direction so as to intersect with the center line of Deans Bridge Road; thence turning and extending in a Southeasterly direction along the center line of Meadowbrook Drive to the intersection of the center lines of Meadowbrook Drive and Windsor Spring Road, if the center line of Meadowbrook Drive was extended in a straight line to intersect with said center line of Windsor Spring Road; thence turning and extending in a Northeasterly direction along the center line of Windsor Spring Road to the intersection of the center lines of Windsor Spring Road and Peach Orchard Road (U. S. Highway No. 25); thence turning and extending in a Northerly direction along the center line of Peach Orchard Road, which becomes Gordon Highway, to the intersection of the center lines of Gordon Highway and Old Savannah Road (Georgia Highway No. 56); thence turning and extending in a Northerly direction along the center line of Old Savannah Road to a point in the center line of Old Savannah Road where it would intersect with the center line of Olive Road if the center line of Olive Road was extended on the same bearing as that of the segment thereof lying to the Southeast of the junction of Kratha Drive and Olive Road; thence turning and extending in a Northwesterly direction to the Southeastern extremity of the center line of Olive Road and extending along the center line of Olive Road in a Northwesterly direction to the intersection with the center line of Milledgeville Road, the point of beginning.

Page 2217

Section 17.10. District No. 10 . All of that area delineated within the boundary beginning at the intersection of the center line of Old Savannah Road (Georgia Highway No. 56) and Peach Orchard Road (U. S. Highway No. 25); thence extending in a Southwesterly direction along the center line of Peach Orchard Road to the intersection of the center lines of Peach Orchard Road and Windsor Spring Road; thence turning and extending in a Southwesterly direction along the center line of Windsor Spring Road to a point where the center lines of Windsor Spring Road and Rozier Road would intersect if the center line of Rozier Road was extended so as to intersect the center line of Windsor Spring Road at right angles; thence turning and extending in a Southeasterly direction along Rozier Road to a point where the center lines of Peach Orchard Road and Rozier Road would intersect at right angles if the center line of Rozier Road was extended; thence turning and extending in a Southerly direction along the center line of Peach Orchard Road to the intersection of the center line of Peach Orchard Road and Butler Creek; thence turning and extending in an Easterly direction along the center line of Butler Creek to its intersection with the center line of the Central of Georgia Railroad right-of-way; thence turning and extending in a Northerly direction along the center line of the Central of Georgia Railroad right-of-way to the point of its intersection with the center line of Lumpkin Road; thence turning and extending in a Westerly direction along the center line of Lumpkin Road to its intersection with the center line of Old Savannah Road; thence turning and extending in a Northerly direction along the center line of Old Savannah Road to its intersection with the center line of Peach Orchard Road, the point of beginning. Section 17.11. District No. 11 . All of that area delineated within the boundaries beginning at the intersection of the center line of Davis Road and the boundary between Columbia and Richmond Counties; thence extending in a Southerly direction along the center line of Davis Road which becomes Pleasant Home Road, then becomes Walton Way Extension, and then becomes Jackson Road, to a point where the center lines of Jackson Road and North Leg

Page 2218

Road would intersect if the center lines of both roads were extended at their intersection with Wrightsboro Road; thence turning and extending in a Southerly direction along the center line of North Leg Road to the point where the center line of North Leg Road and the center line of Sibley Road would intersect if the center line of Sibley Road was extended Northwesterly so as to intersect the center line of North Leg Road; thence turning and extending in a Southeasterly direction along the center line of Sibley Road to the intersection of said center line with the center line of the Georgia Railroad right-of-way; thence turning and extending in a Southwesterly direction along the center line of the Georgia Railroad right-of-way to the intersection of said center line with the center line of Barton Chapel Road; thence turning and extending in a Southerly direction along the center line of Barton Chapel Road to a point where the center line of Barton Chapel Road would intersect with the center line of Deans Bridge Road (U.S. Highway No. 1) if the center line of Barton Chapel Road was extended so as to intersect with the center line of Deans Bridge Road at right angles; thence turning and extending in a Northeasterly direction along the center line of Deans Bridge Road to a point where the center line of Meadowbrook Drive would intersect with the center line of Deans Bridge Road if the center line of Meadowbrook Drive was extended in a Northerly direction so as to intersect the center line of Deans Bridge Road at right angles; thence turning and extending in a Southeasterly direction along Meadowbrook Drive to a point where the center line of Meadowbrook Drive would intersect with the center line of Windsor Spring Road if the center line of Meadowbrook Drive was extended in a Southeasterly direction so as to intersect the center line of Windsor Spring Road at right angles; thence turning and extending in a Southerly direction along Windsor Spring Road to the intersection of the center lines of Windsor Spring Road and Tobacco Road; thence turning and extending in a Westerly direction along the center line of Tobacco Road to the intersection of the center lines of Tobacco Road and Deans Bridge Road; thence turning and extending in a Southerly direction along the center line of Deans Bridge Road to a point where the center line of Deans Bridge Road would

Page 2219

intersect with the center line of Bath-Eady Road if the center line of Bath-Eady Road was extended in a Northwesterly direction so as to intersect the center line of Deans Bridge Road at right angles; thence turning and extending in a Southerly direction along the center line of Bath-Eady Road to the intersection of the center lines of Bath-Eady Road and Keysville Road; thence turning and extending Southwesterly along the center line of Keysville Road to its intersection with the boundary between Burke and Richmond Counties; thence turning and extending in a Westerly and Northerly direction along the boundary between Burke and Richmond Counties, Jefferson and Richmond Counties, McDuffie and Richmond Counties and Columbia and Richmond Counties to the intersection of the center line of Davis Road with the boundary between Columbia and Richmond Counties, the point of beginning. Section 17.12. District No. 12 . All of that area delineated within the boundaries beginning at a point where the boundary line between the States of Georgia and South Carolina would be intersected by the boundary line between Burke and Richmond Counties if the boundary line between said counties was extended in an Easterly direction; thence turning and extending along the boundary line between said States upstream along the Savannah River to a point in the Savannah River where the Southern most boundary line of the City of Augusta would intersect the boundary line between said States if the city limits of the City of Augusta were extended so as to intersect the boundary between said States at right angles; thence turning and extending in a Westerly direction from said point in the Savannah River to the Eastern extremity of the Southern boundary line of the city limits of the City of Augusta and continuing from this point along the Southern boundary of the city limits of the City of Augusta in a Westerly direction to a point in the center line of the Central of Georgia Railroad right-of-way where the Southern boundary of the city limits would intersect the center line of the Central of Georgia Railroad right-of-way if said city limits boundary was extended in a straight line on the same bearing so as to intersect said center line; thence turning and extending in a Northerly direction along the center line

Page 2220

of the Central of Georgia Railroad right-of-way to the point where the center lines of said railroad right-of-way and Butler Creek intersect; thence turning and extending in a Westerly direction upstream along the center line of Butler Creek to the intersection of the center lines of Butler Creek and Peach Orchard Road (U. S. Highway No. 25); thence turning and extending in a Northerly direction along the center line of Peach Orchard Road to a point where the center line of Peach Orchard Road would be intersected by the center line of Rozier Road if the center line of Rozier Road was extended in a Westerly direction so as to intersect the center line of Peach Orchard Road; thence turning and extending in a Westerly direction along the center line of Rozier Road to the point where the center line of Rozier Road would intersect with the center line of Windsor Spring Road if the center line of Rozier Road was extended in a Westerly direction so as to intersect with Windsor Spring Road; thence turning and extending in a Southerly direction along the center lines of Windsor Spring Road to the intersection of the center lines of Windsor Spring Road and Tobacco Road; thence turning and extending in a Westerly direction along the center line of Tobacco Road to the intersection of the center lines of Tobacco Road and Deans Bridge Road (U. S. Highway No. 1); thence turning and extending in a Southwesterly direction along the center line of Deans Bridge Road to the intersection of the center lines of Deans Bridge Road and Bath-Eady Road; thence turning and extending in a Southerly direction along the center line of Bath-Eady Road to the intersection of the center lines of Bath-Eady Road and Keysville Road; thence turning and extending in a Southwesterly direction along the center line of Keysville Road to the point of its intersection with the boundary line between Burke and Richmond Counties; thence turning and extending in an Easterly direction along the boundary line between Burke and Richmond Counties to the point of beginning. Notice to be Introduced at the General Assembly. Notice is hereby given that there will be introduced at the regular 1971 Session of the General Assembly of Georgia

Page 2221

a Bill to create, designate, vest powers and duties, set terms and compensation, establish other and different municipal, county or combined governments, governing authorities, political subdivisions, public agencies, courts, offices, officers, boards, bureaus, departments, commissions, and authorities within the limits of Richmond County; to abolish municipal, county or combined governments, governing authorities, political subdivisions, public agencies, courts, offices, officers, boards, bureaus, and authorities now existing within the limits of Richmond County; to create, transfer or combine and consolidate any or all of the several powers, authorities, duties, liabilities and functions, which now by the Constitution of Georgia or by other provisions of law, may be vested in any municipal or county or combined government, governing authority, political subdivision, public agency, court, office, officer, board, bureau, department, commissioner authority now existing within the limits of Richmond County; to create two or more taxing districts within the limits of Richmond County so as to permit different rates of taxation where services rendered in such districts vary; to authorize the transfer of government property to any combined or consolidated government; to provide for the preservation of all existing civil service, pension and retirement rights, to provide for the assumption of obligations including any bonded indebtedness and any indebtedness under the Georgia Revenue Bond Law outstanding against any existing government, governing authority, political subdivision or public agency within Richmond County by any appropriate successor; to provide for methods and procedures to effectuate the same; to provide that the effectiveness of said bill as the same may be enacted into law shall be contingent upon its approval by a majority vote of the qualified voters of the incorporated areas and the unincorporated areas of Richmond County who vote at the public referendum to be held to approve the same; to provide an effective date; and for other purposes. This 15 day of January, 1971. R. Eugene Holley Senator, 22nd Senatorial District
Page 2222

James L. Lester Senator, 23rd Senatorial District Bernard F. Miles Representative, District 78 Post 1 Donald E. Cheeks Representative, District 78 Post 2 Matthew W. Mulherin Representative, District 78 Post 3 R. A. Dent Representative, District 79 Post 1 A. J. Connell Representative, District 79 Post 2 Henry R. Smith Representative, District 80 Post 1 John H. Sherman, Jr. Representative, District 80 Post 2 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 duly appeared in said newspaper on the following dates to wit: January 20, 27, February 3, 1971. /s/ W. S. Morris, III President and Publisher Sworn to and subscribed before me, this 25th day of Feb., 1971. /s/ E. Arlyene Armstrong, Notary Public, Richmond County, Ga. (Seal). Approved March 18, 1971.

Page 2223

LEE COUNTYSHERIFF'S SALARY CHANGED, ETC. No. 63 (House Bill No. 442). 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), as amended, particularly by an Act approved February 13, 1970 (Ga. L. 1970, p. 2024), so as to change the maximum salary which the sheriff may be entitled to receive; to authorize the sheriff to employ two additional deputies and to provide a means for compensating said deputies; 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), as amended, particularly by an Act approved February 13, 1970 (Ga. L. 1970, p. 2024), is hereby amended by striking section 2 in its entirety and by inserting in lieu thereof a new section 2 which shall read as follows: Section 2. The sheriff shall receive a maximum salary of $8,500.00 per annum, to be determined by the governing authority of Lee County, which shall be paid in equal monthly installments from the funds of Lee County. The sheriff shall furnish his own automobile out of the salary paid to him and he shall also be responsible for the operating expenses, maintenance and replacement of his automobile. The sheriff shall be entitled to mileage at the rate of ten cents per mile when driving out of the county on official business. The sheriff shall submit an itemized expense statement to the governing authority containing an explanation of each trip out of the county for which mileage is claimed. The county shall be responsible for equipping the automobile owned by the sheriff with a short-wave radio and the county shall be responsible for the maintenance, repair and replacement of said radio. Sheriff's salary.

Page 2224

Section 2 . Said Act is further 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 sheriff of Lee County shall have the sole power and authority to appoint two deputies who shall be compensated an amount to be determined by the governing authority of Lee County, which salary shall be payable in equal monthly installments from the funds of Lee County. The sheriff shall have the sole power and authority 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. Deputies. 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 1971 Session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff of Lee County on a salary basis, approved February 28, 1966 (Ga. Laws 1966, p. 2219), as amended, so as to change the maximum amount which the Sheriff and Deputy Sheriff shall be entitled to receive, and to provide authorization for employment of deputy or deputies in excess of one deputy at the discretion of the Board of County Commissioners and the salary thereof, and for other purposes. This the 29th day of December, 1970. James M. Collier Representative, 54th District 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 from the 54th District, and that the attached copy of

Page 2225

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: December 31, 1970; January 7, and 14, 1971. /s/ James M. Collier Representative, 54th District Sworn to and subscribed before me, this 21st day of January, 1971. /s/ Genevieve McKinley, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 19, 1971. LEE COUNTYSUPERIOR COURT DEPUTY CLERKS. No. 64 (House Bill No. 443). A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the clerk of the Superior Court of Lee County and providing in lieu thereof an annual salary, approved March 26, 1964 (Ga. L. 1964, p. 3231), as amended, particularly by an Act approved February 13, 1970 (Ga. L. 1970, p. 2031), so as to authorize the clerk to employ two deputy clerks to assist in discharging the official duties of his office; to authorize each clerk to receive an annual salary not to exceed $6,000.00 per annum, which shall be determined by the governing authority of Lee County; 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 Lee County and

Page 2226

providing in lieu thereof an annual salary, approved March 26, 1964 (Ga. L. 1964, p. 3231), as amended, particularly by an Act approved February 13, 1970 (Ga. L. 1970, p. 2031), is hereby amended by striking section 4 in its entirety and by inserting in lieu thereof a new section 4 which shall read as follows: Section 4. The clerk is authorized to employ two deputy clerks to assist him in discharging the official duties of his office. Each deputy clerk shall receive an annual salary of not more than $6,000.00, which salary shall be determined by the governing authority of Lee County, and which salary shall be paid in equal monthly installments from funds of Lee County. It shall be within the sole power and authority of the clerk to designate and name the persons who shall be employed as deputy clerks, and to prescribe their duties and assignments, and to remove or replace them at will. Deputy clerks. 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 1971 Session of the General Assembly of Georgia a bill to amend an Act placing the Clerk of Superior Court of Lee County on a salary basis, approved March 26, 1964 (Ga. L. 1964, p. 3231), as amended, so as to change the maximum amount which a deputy clerk or clerks shall be entitled to receive, to provide for the employment of deputy clerk or clerks an excess of one, to eliminate the minimum amount which a deputy clerk or clerks may be entitled to receive, and to establish salary change approval for the deputy clerk or clerks by the Board of County Commissioners, and for other purposes. This the 12th day of January, 1971. James M. Collier Representative, 54th District

Page 2227

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 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: January 15, 22, and 29, 1971. /s/ James M. Collier Representative, 54th District Sworn to and subscribed before me, this 10th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 19, 1971. UNION CITYCHARTER AMENDED. No. 74 (Senate Bill No. 195). 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 Georgia and it is hereby enacted by authority of the same that an Act entitled 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 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),

Page 2228

an Act approved April 12, 1965 (Ga. L. 1965, p. 3413), and an Act approved April 28, 1969 (Ga. L. 1969, p. 3939), be be further amended as follows: Section 1 . That the corporate limits of said City of Union City be and the same are hereby extended beyond its present boundaries so as to include the following described property, to-wit: All that tract or parcel of land lying and being in Land Lot 62 of the 9th District, formerly Fayette now Fulton County, Georgia, being more particularly described as follows: BEGINNING at a point marked by an iron pin on the northwesterly side of Oakley Road (frontage Road No. 10) 785.6 feet northeasterly as measured along the northwesterly side of Oakley Road from the Intersection of the northwesterly side of Oakley Road and the west line of Land Lot 62; thence north 00 degrees 16 minutes west and along the east line of the present city limits of Union City a distance of 762.9 feet; thence north 89 degrees 35 minutes east 724.7 feet to an iron pin; thence north 00 degrees 33 minutes west 209.6 feet to an iron pin; thence north 89 degrees 32 minutes east 185.1 feet to an iron pin located on the westerly side of Oakley Road; thence southerly, south, and southwesterly as measured along the westerly and northwesterly side of Oakley Road and following the curvature thereof a distance of 1,390.91 feet to the point of beginning. The above described property is more particularly shown and delineated on plat of survey made by Delta Engineers Surveyors, Inc., dated February 14, 1970 which is made a part of this description by reference thereto. Plat filed in the City Clerk's office in Union City, Georgia. Also, the following described property: All that tract or parcel of land lying and being in Land Lots 88, 98 and 99 of District 9F of Fulton County, Georgia, being more particularly described as follows:

Page 2229

BEGINNING at an iron pin found at the common point of Land Lots 98, 99, 87 and 88; running thence north 89 degrees 40[UNK] West 307.2 feet to an iron pin set on the southeastern side of the 50 foot right-of-way of Byrd Road; running thence north 89 degrees 40[UNK] West a distance of 36.7 feet to a point more or less in the center of the 50 foot right-of-way of Byrd Road; running thence south 45 degrees 28[UNK] West a distance of 84.9 feet to a point more or less in the center of said right-of-way; running thence south 39 degrees 17[UNK] West a distance of 120.5 feet to a point more or less in the center of said right-of-way; running thence south 31 degrees 33[UNK] West 50.2 feet to a point more or less in the center of said right-of-way; running thence south 23 degrees 37[UNK] West 68.5 feet to a point more or less in the center of said right-of-way; running thence south 15 degrees 02[UNK] West 62.3 feet to a point more or less in the center of said right-of-way; running thence north 74 degrees 58[UNK] West, 34.3 feet to a point; running thence south 34 degrees 01[UNK] West 106.2 feet to a point in the center line of Deep Creek; running thence in a northwesterly direction 434 feet more or less along the center line of Deep Creek to a point; running thence north 0 degrees 21[UNK] West 120.0 feet to an iron pin found on the Land Lot line common to Land Lots 88 and 98; running thence south 89 degrees 22[UNK] West along the Land Lot line common to Land Lots 88 and 98, 560.6 feet to an iron pin found; running thence north 1 degree 14[UNK] West 1,209.5 feet to a rock found; running thence north 89 degrees 56[UNK] East 1,516.4 feet to an iron pin found on the Land Lot line common to Land Lots 98 and 99; running thence north 0 degrees 19[UNK] West along the Land Lot line common to Land Lots 98 and 99, 322.0 feet to a pine tree; running thence north 89 degrees 55[UNK] East a distance of 1,074.2 feet to an iron pin set on the southwest side of a 60 foot right-of-way of High Point Road; running thence a southeasterly direction along the southwest side of said right-of-way of High Point Road a distance of 677.4 feet to an iron pin set on the southwestern side of said right-of-way of High Point Road; running thence south 2 degrees 01[UNK] East a distance of 997.4 feet to an iron pin found on the Land Lot line common to Land Lots 99 and 87; running thence north 89 degrees 29[UNK] West along said Land Lot line common to Land Lots 99 and 87

Page 2230

a distance of 763.7 feet to an iron pin set; running thence north 76 degrees 38[UNK] West a distance of 450.2 feet to an iron pin found; running thence south 0 degrees 22[UNK] West a distance of 100.1 feet to an iron pin found on the Land Lot line common to Land Lots 99 and 87; running thence south 89 degrees 14[UNK] West a distance of 310.1 feet to an iron pin found at the point common to Land Lots 98, 99, 87 and 88 and the POINT of BEGINNING; all as more fully shown on a survey made by Hayes, James Associates, dated May 1, 1970. Plat filed in the City Clerk's office in the City of Union City, Georgia. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. 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, 1971, 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, page 935), as amended particularly by an Act approved August 7, 1925 (Ga. L. 1925), 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, page 1123), and an Act approved April 12, 1965 (Ga. L. 1965, page 3413), an Act approved April 28, 1969 (Ga. L. 1969, page 393), to repeal conflicting laws and for other purposes. This December 14th, 1970. City of Union City By: Guy Parker, City Attorney Union City City Hall Union City, Georgia

Page 2231

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank Coggin, who on oath, deposes and says that he is Senator from the 34th District of Fulton County, 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 said county, on the following dates: Dec. 16, 23 and 30, 1970. /s/ Frank Coggin Senator, Fulton County Sworn to and subscribed before me, this 19th day of January, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 26, 1971. WALKER COUNTYADDITIONAL PART-TIME DEPUTY SHERIFF. No. 79 (Senate Bill No. 45). 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), as amended, by an Act approved April 23, 1969 (Ga. L. 1969, p. 3239), and an Act approved February 13, 1970 (Ga. L. 1970, p. 2045), so as to provide for the appointment of one additional part-time deputy sheriff whose responsibility shall be to serve petitions, summons and processes, and to aid the Juvenile Court of Walker County by enforcing terms and conditions of probation, and to do whatever else may be made subject of order of the Judge of the Juvenile

Page 2232

Court of Walker County; to provide for the salary and mileage expense of said deputy sheriff; to provide that the deputy sheriff shall be appointed by the Sheriff of Walker County with the advice and consent of the Judge of the Juvenile Court of Walker County; to provide that the Sheriff need not consider the aforementioned deputy when preparing his budget; to provide that the deputy sheriff's salary and expenses shall be paid from county funds; to provide that 1970 Act of the General Assembly shall not apply to said deputy if certain conditions exist; 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), as amended, by an Act approved April 23, 1969 (Ga. L. 1969, p. 3239), and an Act approved February 13, 1970 (Ga. L. 1970, p. 2045), is hereby amended by adding a new section between sections 6 and 7, to be designated as section 6A, which shall read as follows: Section 6A. Notwithstanding any language in this Act to the contrary, the Sheriff of Walker County is authorized to appoint one additional part-time deputy sheriff whose responsibility shall be to serve petitions, summons and processes, subpoenas, to aid the Juvenile Court in Walker County by enforcing terms and conditions of probation, and to fulfill whatever functions shall be made the subject of an order of the Judge of the Juvenile Court of Walker County. The deputy shall be appointed by the Sheriff, but with the advice and consent of the Judge of the Juvenile Court of Walker County. Said deputy shall serve at the pleasure of the Judge of the Juvenile Court of Walker County, and may be dismissed by the Sheriff of Walker County. The deputy shall be compensated a minimum salary of $150.00 monthly from funds of Walker County, and such additional funds as the governing authority of Walker County may set from time to time with the advice and consent of the Juvenile Court Judge of Walker County, from funds of Walker County, and he shall also receive from said funds ten cents per mile driven in his automobile

Page 2233

on county business. The Sheriff need not consider the said deputy when preparing his budget, as his salary and expenses shall be allocated to expenses of the Juvenile Court of Walker County or other, in the discretion of the governing authority of Walker County. Additional part-time deputy sheriff. Section 2 . An Act approved March 10, 1970 (Ga. L. 1970, p. 208), known as the Georgia Peace Officer Standards and Training Act, shall not apply to the part-time deputy as herein created if the part-time deputy holds a four-year degree from a college or university, which college or university is approved by the State Board of Education for certification of teachers, and which is also approved by the Juvenile Judge of Walker County, 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 1971 Session of the Georgia General Assembly a bill to amend the 1965 Act placing the Sheriff of Walker County upon an annual salary by providing for the appointment of one (1) additional Deputy Sheriff whose responsibility shall be to serve petitions, summons and processes, and whatever else may be made subject to the Order of the Judge of the Juvenile Court of Walker County; to provide for salary and expenses; to provide for appointment; to provide that the sheriff need not consider the aforementioned Deputy when preparing his budget, and for other purposes. This 30th day of December, 1970. Billy Shaw Abney, State Senator, 53rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Shaw Abney who,

Page 2234

on oath, deposes and says that he is Senator from the 53rd 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 30, 1970; January 6, 1971 and January 13, 1971. /s/ Billy Shaw Abney Senator, 53rd District Sworn to and subscribed before me, this 18th day of January, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires, Dec. 16, 1974. (Seal). Approved March 29, 1971. POLICE DEPARTMENT PENSION ACT AMENDEDADDITIONAL PENSION BENEFITS, ETC. (150,000 or More) No. 92 (House Bill 184). An Act to amend an Act approved February 15, 1933 (Ga. L. 1933, pp 213, et seq.) providing for pensions for members of Police Departments in 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; so as to provide additional pension benefits; to provide deferred pension benefits to those persons leaving the employment of said city after completing twenty (20) years of active service and upon subsequently attaining sixty-five (65) years of age; to provide for benefits to the beneficiaries of such person upon such person's death; to provide for such person continuing under the various

Page 2235

amendments to this Act, as amended, upon reemployment with such city; 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, that the Act described in the caption hereof, as amended, be and the same is further amended as follows: Section 1 . When any person coming within the provisions of this Act, as amended, shall have completed twenty (20) years of active service with such city and not yet have reached the age of sixty-five (65) years, then such person shall have the right to terminate his employment with such city upon completion of said twenty (20) years, or at any time thereafter; elect not to withdraw or have paid to such person the amount which such person would have paid into the pension fund prior to terminating such employment; and upon subsequently attaining sixty-five (65) years of age commence to receive at said time the benefits to which such person would have been entitled had such person otherwise retired as a matter of right in accordance with the applicable provisions of this Act, as amended. Should such person have provided for the payment of a pension to the beneficiary of such person, as authorized by said Act, as amended, by making the required payments or contributions to the pension fund, then after terminating the employment with such city and upon the death of such person, either before or after attaining sixty-five (65) years of age, such person's beneficiary designated under the terms of this Act, as amended, shall be entitled to all of the benefits provided for such beneficiary as set forth in the relevant and applicable sections of this Act, as amended. Should such person, after having left the employment with such city after twenty (20) years of active service, become reemployed by such city, then such person at such time shall have the right to continue under the provisions of the amendments to said Act which such person was under prior to the termination of such employment, or may

Page 2236

elect to come under any amendments to said Act enacted subsequently to the termination of such person's employment and as might exist and be in effect at the time of said reemployment, upon there being made such payments or contributions to the pension fund, through deductions from salary or otherwise, as might be required by said Act, as amended. Section 2 . All laws and parts of laws in conflict herewith are hereby repealed. Approved March 29, 1971. JUVENILE COURTJUDGES SALARY INCREASED (165,000-175,000). No. 93 (House Bill No. 187). An Act to provide for the compensation of the judge of the juvenile court of certain counties of this State; to repeal a specific Act; 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 judge of the juvenile court of any county of this State having a population of not less than 165,000 or more than 175,000 according to the United States decennial census of 1970 or any future such census shall receive an annual salary of $12,000 which shall be paid in equal monthly installments from the funds of such county. Section 2 . An Act approved March 3, 1964 (Ga. L. 1964, p. 2375), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2553) is hereby repealed in its entirety. 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. Approved March 29, 1971.

Page 2237

STATE COURTCREATION OF JUDGE EMERITUS POSITIONS, ETC. (150,000-165,000). No. 95 (House Bill No. 194). An Act to provide the procedures whereby a judge of the State court of any county having a population of not less than 150,000 nor more than 165,000, according to the 1970 federal decennial census or any future federal census, shall be eligible to become a judge emeritus of such court; to provide for the powers, duties and responsibilities of such judge emeritus; to provide for the compensation of such judge emeritus; to provide for a reduction in compensation under certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Any judge of the State court of any county having a population of not less than 150,000 nor more than 165,000, according to the 1970 federal decennial census or any future federal census, who shall have reached age 60 and shall have at least 30 years of service as judge of said court, and who is still in service as such judge at the time of his eligibility, shall be eligible to become judge emeritus at his discretion at any time after becoming eligible, by presenting the governing authority of the county in which his court sits satisfactory evidence of eligibility as above set out, at which time he shall become judge emeritus. Service in any court as a prosecutor or judge may be counted toward the required service herein. Eligibility. Section 2 . When said judge becomes judge emeritus of said court and notifies in writing the Governor of Georgia and the governing authority of the county in which his court sits of his election to become judge emeritus, the Governor shall fill the office of elected judge, by appointment for the unexpired term of said elected judge, unless any general or local Act shall otherwise provide for the filling of vacancies of said judges. Notice. Section 3 . The said judge emeritus shall be empowered, qualified and authorized to hold court for the State court

Page 2238

of the applicable county whenever any of the regularly elected or appointed judges of said State court considers the condition of the docket congested to the extent that the services of an extra judge are needed, or when the regular elected or appointed judge feels that the needs of justice will be best met by said judge emeritus presiding, or where or when said regular elected or appointed judge of State court is disqualified by law. The judge emeritus may be called into service in the said court by order passed by any regular elected or appointed judge of said State court. Authorized to hold court. Section 4 . The judge emeritus shall not hold any compensating position with the State of Georgia, United States of America, municipality or county of Georgia, or agencies of any, except upon taking a leave of absence as such judge emeritus and forever waiving and relinquishing compensation during and for such leave of absence; the judge emeritus shall be disqualified from engaging in the practice of law in any court in which he is qualified to serve as judge pro hac vice. Limitations. Section 5 . Said judge emeritus shall be entitled to receive and shall receive as compensation sixty percent (60%) of the total amount received while a regular judge as computed on the twelve (12) month period immediately prior to becoming judge emeritus, to be paid monthly out of the treasury of the county in which his court sat, by the person or persons charged by law with paying out the money of said county. Provided, however, the compensation payable hereunder shall be reduced by the amount of any such judge emeritus is now or has been entitled to receive from any other pension or retirement system. Compensation. Section 6 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 29, 1971.

Page 2239

MUSCOGEE COUNTYSHERIFF'S SALARY CHANGED. No. 100 (House Bill No. 236). An Act to amend an Act establishing the salary of the sheriff of Muscogee County, approved February 6, 1952 (Ga. L. 1952, p. 2180), as amended, particularly by an Act approved February 24, 1967 (Ga. L. 1967, p. 2048) so as to change the salary of 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 establishing the salary of the sheriff of Muscogee County, approved February 6, 1952 (Ga. L. 1952, p. 2180), as amended, particularly by an Act approved February 24, 1967 (Ga. L. 1967, p. 2048) is hereby amended by striking from section 1 the following: fifteen thousand ($15,000.00) and inserting in lieu thereof the following: nineteen thousand ($19,000.00) so that when so amended section 1 shall read as follows: Section 1. The salary of the sheriff of Muscogee County, Georgia, shall be nineteen thousand ($19,000.00) per annum. The commissioners of roads and revenues of Muscogee County are hereby authorized to require that the sheriff of Muscogee County shall act as jailer. In the event the commissioners of roads and revenues of Muscogee County require said sheriff to act as jailer, the sheriff shall not be entitled to any additional compensation for serving in the capacity as jailer. 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 2240

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1971 Session of the General Assembly of Georgia, a bill to amend an Act establishing the salary of the Sheriff of Muscogee County, approved February 6, 1952 (Ga. L. 1952, p. 2130), as amended, so as to change the salary of said sheriff to provide an effective date; and for other purposes. Jack T. Rutledge Sheriff, Muscogee County, Ga. Georgia, Muscogee County. Personally appeared before me the undersigned Maynard R. Ashworth who on oath says that he is publisher of The Ledger-Enquirer Newspapers and saya that the attached advertising appeared in The Columbus Ledger on Dec. 29, 1970 Jan. 5, 12, 1971. /s/ M. R. Ashworth Sworn to and subscribed before me, this 13th day of January, 1971. /s/ Trudy Moody, Notary Public, Muscogee County, Ga. My Commission Expires Feb. 22, 1972. (Seal). Approved March 29, 1971.

Page 2241

MUNICIPAL COURTCITY OF COLUMBUS AND COUNTY OF MUSCOGEESALARIES OF CERTAIN OFFICERS CHANGED. No. 101 (House Bill No. 237). An Act to amend an Act abolishing justice courts and the office of justice of the peace and notary public ex officio justice of the peace and establishing in lieu thereof a municipal court in and for the City of Columbus and County of Muscogee, approved February 6, 1952 (Ga. L. 1952, p. 2184), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2645), and by an Act approved March 4, 1966 (Ga. L. 1966, p. 3030) so as to change the compensation of the judge, clerk and marshal 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 abolishing justice courts and the office of justice of the peace and notary public ex officio justice of the peace and establishing in lieu thereof a municipal court in and for the City of Columbus and County of Muscogee, approved February 6, 1952 (Ga. L. 1952, p. 2184), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2645) and by an Act approved March 4, 1966 (Ga. L. 1966, p. 3030) is hereby amended by striking section 10 in its entirety and substituting in lieu thereof a new section 10 to read as follows: Section 10. The salary of the judge of said court shall be $16,500.00 per annum and shall be paid in equal monthly installments from the funds of Muscogee County. Judge's salary. Section 2 . Said 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 salary of the clerk of said court shall be $13,500.00 per annum and shall be paid in equal monthly installments from the funds of Muscogee County. Clerk's salary.

Page 2242

Section 3 . Said Act is further amended by striking section 12 in its entirety and substituting in lieu thereof a new section 12 to read as follows: Section 12. The salary of the marshal of said court shall be $13,500 per annum and shall be paid in equal monthly installments from the funds of Muscogee County. The marshal shall also receive a maintenance allowance of not less than $528.00 per annum for the purpose of maintaining the marshal's automobile to properly conduct the business of said court. Said maintenance allowance, as fixed by the governing authority of Muscogee County, shall be paid to the marshal in equal monthly installments from the funds of Muscogee County. Marshal's salary. 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 Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia which convenes in January, 1971, for the passage and approval of a bill entitled as follows: An Act to amend an Act, approved February 6, 1952 entitled `An Act to amend an Act of the General Assembly' approved August 12, 1915 and contained in Ga. L. 1915, pages 63 through 79 which Act is entitled `An Act to abolish justice courts and the office of justice of the peace and notary public exofficio justice of the peace, and to establish and create in lieu thereof municipal court in and for the City of Columbus, and County of Muscogee, and to define its jurisdiction and powers; to provide for the election of a judge and of other officers thereof; to define their powers and duties and to fix their compensation; to provide for

Page 2243

rules of procedure and new trials in said court, and writs of errors therefrom, and for other purposes;' and to amend all the Acts amendatory thereof; to provide for an increase in the salaries of the judge, clerk and marshal of said court; to provide for an increase in the civil and criminal jurisdiction of said court; to provide for an increase in the costs of said court; to provide for review of judgments, orders and rulings of said court by direct writ of error to the Court of Appeals of Georgia, or the Supreme Court of the State of Georgia; to provide a method of appointment of deputy marshals of said court; to provide a method of appointment of deputy clerks of said court; and to repeal all portions and provisions of said original Act and all Acts amendatory thereof which are in conflict with this Act, so that all laws and parts of laws pertaining to said Municipal Court of Columbus will be embodied in this Act, in one volume of Acts of The General Assembly; and for other purposes, by changing the salaries specified in Sections 10, 11 and 12 therein for the judge, clerk and marshal of said court, and all acts amendatory of said Sections, to repeal all laws in conflict herein and for other purposes. This the 11th day of December, 1970. John J. Nilan (l.s.) Lillian W. McIntyre (l.s.) Gus H. Skinner (l.s.) Georgia, Muscogee County. This is to certify that the attached copy of notice of intention to apply for the passage and approval of a local bill has been published as provided by law once a week for three (3) weeks, to-wit: December 14, 1970, December 21, 1970 and December 28, 1970, in the Columbus Ledger, the newspaper in which the sheriff's advertisements for Muscogee County are published. /s/ B. G. Sorrells Comptroller The Columbus Ledger Columbus, Georgia

Page 2244

Sworn to and subscribed before me, this 6th day of January, 1971. /s/ Trudy Moody, Notary Public, Muscogee County, Georgia My Commission Expires Feb. 22, 1972. (Seal) Approved March 29, 1971. MUSCOGEE COUNTYSUPERIOR COURT CLERK'S SALARY CHANGED. No. 102 (House Bill No. 238) An Act to amend an Act establishing a salary for the clerk of the Superior Court of Muscogee County, approved February 6, 1952 (Ga. L. 1952, p. 40), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2231) so as to change the salary of said 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 establishing a salary for the clerk of the Superior Court of Muscogee County, approved February 6, 1952 (Ga. L. 1952, p. 40), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2231) is hereby amended by striking from Section 1 the following: fifteen thousand ($15,000) and inserting in lieu thereof the following: nineteen thousand ($19,000.00), so that when so amended section 1 shall read as follows: Section 1. The salary of the clerk of the Superior Court of Muscogee County, Georgia, as such, and as ex officio clerk of the City Court of Columbus, Georgia shall be nineteen thousand ($19,000.00) dollars per annum. 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.

Page 2245

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, 1971, session of the General Assembly of Georgia, a bill to amend an Act establishing a salary for the clerk of the Superior Court of Muscogee County, approved February 28th., 1966 (Ga. L. 1966, p. 2231) as amended, so as to change the salary of said clerk; to provide an effective date; and for other purposes. This 15th day of December, 1970. Jno. W. Bloodworth Personally appeared before the undersigned, an officer duly authorized by law to administer oaths, M. R. Ashworth, who, being duly sworn, deposes and says on oath that he is Publisher of the Columbus Ledger, the newspaper in which sheriff's advertisements are published in Muscogee County, Georgia, and does certify that the foregoing advertisement of notice of intention to apply for local legislation was published in the Columbus Ledger on the following dates: December 16th, 23rd, and 30th, of December, 1970. This the 5th day of January, 1971. /s/ M. R. Ashworth Publisher of The Columbus Ledger Sworn to and subscribed before me, this the 5th day of January, 1971. /s/ Trudy Moody Notary Public, Muscogee County, Georgia. My Commission expires February 22, 1972. (Seal). Approved March 29, 1971.

Page 2246

MUSCOGEE COUNTYSTATE COURTCOMPENSATION OF JUDGE, SOLICITOR AND ASSISTANT SOLICITOR CHANGED. No. 103 (House Bill No. 239). An Act to amend an Act establishing the State Court of Muscogee County, approved December 20, 1884 (Ga. L. 1884-85, p. 455), as amended, particularly by an Act approved March 3, 1962 (Ga. L. 1962, p. 2531), and by an Act approved February 28, 1966 (Ga. L. 1966, p. 2636) so as to change the compensation of the judge, solicitor and assistant solicitor of said Court; to provide that the solicitor shall devote his full time to the duties of this office and shall not engage in the private practice of law during his tenure 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 . An Act establishing the State Court of Muscogee County, approved December 20, 1884 (Ga. L. 1884-85, p. 455), as amended, particularly by an Act approved March 3, 1962 (Ga. L. 1962, p. 2531), and by an Act approved February 28, 1966 (Ga. L. 1966, p. 2636) is hereby amended by adding a new section between sections III and IV to be designated section 3A and to read as follows: Section 3A. (a) The Judge of the State Court of Muscogee County shall receive an annual salary of $25,000.00 which shall be paid in equal monthly installments from the funds of Muscogee County. Judge's salary. (b) The Solicitor of said Court shall receive an annual salary of $16,000.00 which shall be paid in equal monthly installments from the funds of Muscogee County. The solicitor shall devote his full time to the duties of his office and shall not engage in the private practice of law during his tenure of office. Solicitor's salary. (c) The Assistant Solicitor of said Court shall receive

Page 2247

an annual salary of $7,200.00 which shall be paid in equal monthly installments from the funds of Muscogee County. Assistant Solicitor's salary. Section 2 . Said Act is further amended by striking in its entirety subsection (d) of section 3 of the amendatory Act approved March 3, 1962 (Ga. L. 1962, p. 2531). Section 3 . Said Act is further amended by striking in their entirety sections 1 and 2 of the amendatory Act approved February 28, 1966 (Ga. L. 1966, p. 2636). 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 January, 1971 session of the General Assembly of Georgia, a bill to amend an Act establishing a City court in the City of Columbus for Muscogee County, approved December 20, 1884 (Ga. L. 1884-85, p. 455), as amended, so as to change the salary of the judge, solicitor and asssistant solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. This the 23rd day of December, 1970. /s/ Kenneth B. Fellowill, Judge /s/ Thomas W. Hughey, Solicitor /s/ Barshall Andrews, Asst. Solicitor Georgia, Muscogee County: The undersigned, after being duly sworn before an officer authorized to administer oaths for and in the State of Georgia,

Page 2248

County of Muscogee, deposes and on oath says the following: 1. That he is the publisher of the Columbus Ledger, a daily newspaper published in Muscogee County, Georgia. 2. That the Columbus Ledger Newspaper is the organ in which Sheriff's advertisements in Muscogee County are published. 3. That the Notice of Intention to Introduce Legislation at the January, 1971 Session of the General Assembly of Georgia to amend the Act establishing the City Court in the City of Columbus for Muscogee County so as to change the salary of the Judge, Solicitor, and Assistant Solicitor of said court as set out in Exhibit A below was published in the Columbus Ledger three times to wit: December 26, 1970, January 2, 1971, and January 9, 1971. /s/ Maynard R. Ashworth Sworn to and subscribed before me, this the 11th day of January, 1971. /s/ Linda G. Kimbrel Notary Public, Muscogee County, Georgia. (Seal) Approved March 29, 1971. MUSCOGEE COUNTYTAX COMMISSIONER'S SALARY CHANGED. No. 104 (House Bill No. 240). An Act to amend an Act abolishing the offices of tax receiver and tax collector of Muscogee County and creating the office of tax commissioner of said County, approved July 25, 1927 (Ga. L. 1927, p. 638), as amended, particulary by an Act approved April 6, 1967 (Ga. L. 1967, p.

Page 2249

2858) so as to change the compensation of said 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 abolishing the offices of tax receiver and tax collector of Muscogee County and creating the office of tax commissioner of said County, approved July 25, 1927 (Ga. L. 1927, p. 638), as amended, particularly by an Act approved April 6, 1967 (Ga. L. 1967, p. 2858) is hereby amended by striking in its entirety section 1 of said amendatory Act approved April 6, 1967 (Ga. L. 1967, p. 2858). Section 2 . Said Act is further amended by striking section 5 in its entirety and substituting in lieu thereof a new section 5 to read as follows: Section 5. The salary of the tax commissioner of Muscogee County shall be nineteen thousand dollars ($19,000.00) per annum, to be paid in twelve monthly installments on the 1st day of each month. Said salary is to be the sole compensation of said tax commissioner. All commissions, fees, costs, penalties, allowances and all other perquisites, monies or emoluments of whatever kind or character, now or hereafter allowed by law to be collected by the tax commissioner, as tax receiver, tax commissioner, automobile license tag agent, or any other function or capacity exercised as tax commissioner and tax receiver (including commissions, fees, or other charges due the tax commissioner as collecting agent for governmental bodies other than Muscogee County), shall be received and collected by the tax commissioner for the sole use of Muscogee County and shall be held as public monies belonging to Muscogee County and accounted for and paid over to Muscogee County on or before the 10th day of each month. Salary. 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.

Page 2250

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 application will be made at the session of the General Assembly of Georgia which convenes in January, 1971 for the passage and approval of a Bill entitled as follows: An Act to amend an Act approved July 25, 1927, entitled: `An Act to abolish the offices of tax receiver and tax collector of Muscogee County, Georgia; to create the office of county tax commissioner of Muscogee County, Georgia; to fix the term and compensation of said officer; etc., and all Acts amendatory hereto, by changing the salary of the county tax commissioner therein specified; and to provide that all commissions, fees, costs, penalties, allowances and all other perquisites, monies or emoluments of whatever kind or character, now or hereafter allowed by law to be collected by the tax commissioner, as tax receiver, tax commissioner, automobile and tax receiver (including commissions, fees, or other charges due the tax commissioner as collecting agent for governmental bodies other than Muscogee County), shall be received and collected by the tax commissioner for the sole use of Muscogee County and shall be held as public monies belonging to Muscogee County and accounted for and paid over to Muscogee County on or before the 10th day of each month; to repeal all laws in conflict therewith; and for other purposes. This the 11th day of December, 1970. /s/ Rembert Houser Tax Commissioner Muscogee County, Georgia Georgia, Muscogee County. This is to certify that the attached copy of notice of intention to apply for the passage and approval of a local bill has been published as provided by law once a week for three (3) weeks, to-wit: December 14, December 21, and December 28, 1970, in the Columbus Ledger the newspaper

Page 2251

in which the sheriff's advertisements for Muscogee County are published. /s/ M. R. Ashworth Publisher The Columbus Ledger Columbus, Georgia Sworn to and subscribed before me, this 28th day of December, 1970. /s/ Trudy Moody Notary Public, Muscogee County, Georgia. (Seal). Approved March 29, 1971. MUSCOGEE COUNTYORDINARY'S SALARY CHANGED. No. 105 (House Bill No. 241). An Act to amend an Act establishing the salary of the Ordinary of Muscogee County, approved February 6, 1952 (Ga. L. 1952, p. 2182), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2164) so as to change the salary of said 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 establishing the salary of the Ordinary of Muscogee County, approved February 6, 1952 (Ga. L. 1952, p. 2182), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2164) is hereby amended by striking from section 1 the following: thirteen thousand, five hundred dollars ($13,500.00) and inserting in lieu thereof the following: sixteen thousand, five hundred dollars ($16,500.00), so that when so amended section 1 shall read as follows:

Page 2252

Section 1. The salary of the Ordinary of Muscogee County shall be sixteen thousand, five hundred dollars ($16,500.00) per annum. 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 January, 1971 session of the General Assembly of Georgia, a bill to amend an Act establishing the salary of the Ordinary of Muscogee County, Georgia, approved February 28, 1966 (Ga. L. 1966, p. 2164), as amended, so as to change the salary of said ordinary; to provide an effective date; to repeal conflicting laws; and for other purposes. This 11th day of December, 1970. /s/ Homer G. Suggs Georgia, Muscogee County. Personally appeared before the undersigned, an officer duly authorized by law to administer oaths, M. R. Ashworth, who, being duly sworn, deposes and says on oath that he is the publisher of the Columbus Ledger, the newspaper in which sheriff's advertisements are published in Muscogee County, Georgia, and does hereby certify that the foregoing advertisement of notice of intention to apply for local legislation was published in the Columbus Ledger on the following dates: 16th, 23rd, 30th, of December, 1970. This the 5th day of January, 1971. /s/ M. R. Ashworth Publisher of The Columbus Ledger Columbus, Georgia

Page 2253

Sworn to and subscribed before me, this 5th day of January, 1971. /s/ Trudy Moody Notary Public, Muscogee County, Georgia. My Commission expires February 22, 1972. (Seal). Approved March 29, 1971. DISTRICT ATTORNEYSSALARY SUPPLEMENTPOPULATION FIGURES CHANGED (145,000-165,000). No. 108 (House Bill No. 288). An Act to amend an Act providing for a supplement to the salary of certain district attorneys, approved April 28, 1969 (Ga. L. 1969, p. 950), so as to change the population figures and the census contained therein; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for a supplement to the salary of certain district attorneys, approved April 28, 1969 (Ga. L. 1969, p. 950), is hereby amended by striking from section 1 the following: In all counties of this State having a population of not less than 135,000 or more than 140,000 according to the United States Decennial Census of 1960, and substituting in lieu thereof the following: In all counties of this State having a population of not less than 145,000 and not more than 165,000 according to the United States Decennial Census of 1970.

Page 2254

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. Approved March 29, 1971. CORONERS ASSISTANTSPOPULATION FIGURES CHANGED (150,000-165,000). No. 109 (House Bill No. 289). An Act to amend an Act authorizing the appointment of assistants to certain coroners, approved March 21, 1970 (Ga. L. 1970, p. 3289), so as to change the population figures and the census contained therein; 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 the appointment of assistants to certain coroners, approved March 21, 1970 (Ga. L. 1970, p. 3289), is hereby amended by striking from section 1 the following: In all counties of this State having a population of not less than 115,000 and not more than 140,000 according to the 1960, and substituting in lieu thereof the following: In all counties of this State having a population of not less than 145,000 and not more than 165,000, according to the 1970.

Page 2255

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. Approved March 29, 1971. BUDGETS IN CERTAIN COUNTIESPOPULATION FIGURES CHANGED (145,000-165,000). No. 110 (House Bill No. 290). An Act to amend an Act providing for budgets in certain counties, approved March 21, 1970 (Ga. L. 1970, p. 3318), so as to change the population figures and the census contained therein; 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 budgets in certain counties, approved March 21, 1970 (Ga. L. 1970, p. 3318), is hereby amended by striking from section 1 the following: 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, and substituting in lieu thereof the following: in all counties of this State having a population of not less than 150,000 and not more than 165,000, according to the United States Decennial Census of 1970. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

Page 2256

Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 29, 1971. COMMISSIONS OF TAX COMMISSIONERSPOPULATION FIGURES CHANGED (145,000-165,000). No. 111 (House Bill No. 291). An Act to amend an Act relating to the collection and remission of commissions of certain tax commissioners, approved March 21, 1970 (Ga. L. 1970, p. 3350), so as to change the population figures and the census contained therein; 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 relating to the collection and remission of commissions of certain tax commissioners, approved March 21, 1970 (Ga. L. 1970, p. 3350), is hereby amended by striking from section 1 the following: 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 decennial census of 1960, and substituting in lieu thereof the following: In all counties of this State having a population of not less than 145,000 and not more than 165,000, according to the United States decennial census of 1970. 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. Approved March 29, 1971.

Page 2257

ADDITIONAL COMPENSATION TO CERTAIN PERMANENT COUNTY EMPLOYEESPOPULATION FIGURES CHANGED (145,000-165,000). No. 112 (House Bill No. 292). An Act to amend an Act providing for additional compensation for permanent employees of certain counties, approved April 28, 1969 (Ga. L. 1969, p. 3897), so as to change the population figures and the census contained therein; 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 additional compensation for permanent employees of certain counties, approved April 28, 1969 (Ga. L. 1969, p. 3897), is hereby amended by striking from section 1 the following: In all counties in this State having a population of not less than 120,000 nor more than 140,000, according to the 1960, and substituting in lieu thereof the following: In all counties in this State having a population of not less than 145,000 and not more than 165,000, according to the 1970. 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. Approved March 29, 1971.

Page 2258

COMPENSATION OF CERTAIN ELECTED OFFICIALSPOPULATION FIGURES CHANGED. (145,000-165,000). No. 113 (House Bill No. 293). An Act to amend an Act fixing the compensation of certain elected officials, approved April 28, 1969 (Ga. L. 1969, p. 3899), so as to change the population figures and the census contained therein; 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 compensation of certain elected officials, approved April 28, 1969 (Ga. L. 1969, p. 3899), is hereby amended by striking from section 1 the following: in all counties of this State having a population of not less than 120,000 nor more than 140,000, according to the 1960, and substituting in lieu thereof the following: in all counties of this State having a population of not less than 145,000 and not more than 165,000, according to the 1970. 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. Approved March 29, 1971.

Page 2259

DUMPING OF TRASH AND REFUSE IN CERTAIN COUNTIESPOPULATION FIGURES CHANGED. (145,000-165,000). No. 114 (House Bill No. 294). An Act to amend an Act prohibiting the dumping of trash and other refuse in certain counties, approved April 8, 1968 (Ga. L. 1968, p. 3311), so as to change the population figures and the census contained therein; 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 prohibiting the dumping of trash and other refuse in certain counties, approved April 8, 1968 (Ga. L. 1968, p. 3311), is hereby amended by striking from section 1 the following: 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 Decennial Census of 1960, and substituting in lieu thereof the following: In all counties of this State having a population of not less than 145,000 and not more than 165,000, according to the United States Decennial Census of 1970. 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. Approved March 29, 1971.

Page 2260

COURTSSALARIES OF CERTAIN COURT REPORTERS, SPECIAL BAILIFFS AND SECRETARIES, POPULATION FIGURES CHANGED. (145,000-165,000). No. 115 (House Bill No. 295). An Act to amend an Act fixing the salaries of the court reporters, special bailiffs and secretaries to the Superior Court Judges of certain counties, approved March 28, 1961 (Ga. L. 1961, p. 227), as amended, particularly by an Act approved April 6, 1967 (Ga. L. 1967, p. 447), so as to change the population figures and the census contained therein; 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 the court reporters, special bailiffs and secretaries to the Superior Court Judges of certain counties, approved March 28, 1961 (Ga. L. 1961, p. 227), as amended, particularly by an Act approved April 6, 1967 (Ga. L. 1967, p. 447), is hereby amended by striking from section 1 the following: in all counties of this State having, under the 1960 United States census or any subsequent United States census, a population of not less than 135,000 inhabitants nor more than 140,000 inhabitants,, and substituting in lieu thereof the following: in all counties of this State having a population of not less than 145,000 and not more than 165,000, according to the United States decennial census of 1970,. 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. Approved March 29, 1971.

Page 2261

SUPERIOR COURTSLAW ASSISTANTS. POPULATION FIGURES CHANGED. (145,000-165,000). No. 116 (House Bill No. 296). An Act to amend an Act providing for a law assistant for the Judge of the Superior Courts of certain counties, approved April 11, 1967 (Ga. L. 1967, p. 3012), so as to change the population figures and census contained therein; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for a law assistant for the Judge of the Superior Courts of certain counties, approved April 11, 1967 (Ga. L. 1967, p. 3012), is hereby amended by striking from section 1 the following: 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, and substituting in lieu thereof the following: all counties of this State having a population of not less than 145,000 and not more than 165,000, according to the United States decennial census of 1970. 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. Approved March 29, 1971.

Page 2262

WITNESS FEES TO LAW ENFORCEMENT OFFICERS. POPULATION FIGURES CHANGED (145,000-165,000). No. 117 (House Bill No. 297). An Act to amend an Act providing for the payment of witness fees to law enforcement officers in certain counties, approved April 6, 1967 (Ga. L. 1967, p. 2820), so as to change the population figures and the census contained therein; 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 payment of witness fees to law enforcement officers in certain counties, approved April 6, 1967 (Ga. L. 1967, p. 2820), is hereby amended by striking from section 1 the following: in counties having a population of not less than 135,000 or more than 140,000 according to the United States census of 1960, and substituting in lieu thereof the following: in counties having a population of not less than 145,000 and not more than 165,000, according to the United States decennial census of 1970. Section 2 . This Act shall become effective upon its approval by the Goevrnor 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. Approved March 29, 1971.

Page 2263

TRASH AND REFUSE DEPOSITORIES IN CERTAIN COUNTIESPOPULATION FIGURES CHANGED. (145,000-165,000). No. 119 (House Bill No. 299). An Act to amend an Act providing for the establishment of depositories of trash and refuse in certain counties, approved April 6, 1967 (Ga. L. 1967, p. 2879), so as to change the population figures and the census contained therein; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for the establishment of depositories of trash and refuse in certain counties, approved April 6, 1967 (Ga. L. 1967, p. 2879), is hereby amended by striking from section 1 the following: In all counties of this State having a population of not less than 125,000 nor more than 140,000, according to the United States decennial census of 1960, and substituting in lieu thereof the following: In all counties of this State having a population of not less than 145,000 and not more than 165,000, according to the United States decennial census of 1970. 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. Approved March 29, 1971.

Page 2264

CLAYTON COUNTYPOLITICAL CAMPAIGN POSTERS, ETC., PROHIBITED. No. 121 (House Bill No. 384). An Act to provide that it shall be unlawful to place political campaign posters, signs and advertisements within the right-of-way of any public street within Clayton County or on any public property or building in said county; to provide that it shall be unlawful to print, possess, transport or distribute political posters, signs or advertisements for outdoor use anywhere within the territorial limits of Clayton County unless such material has a certain notice printed thereon; to provide for penalties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . It shall be unlawful for any person within the territorial limits of Clayton County to place political posters, signs and advertisements within the right-of-way of any public street within said county or on any public property or building in Clayton County. Section 2 . It shall be unlawful for any person, within the territorial limits of Clayton County to print, possess, transport or distribute political posters, signs or advertisements for outdoor use within Clayton County unless such material has printed thereon the following warning: NOTICE: It is unlawful for any person within the territorial limits of Clayton County to place political posters, signs and advertisements within the right-of-way of any public street within said county or on any public property or building in Clayton County. Section 3 . 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. Penalty. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2265

Notice of Intention to Introduce Local Legislation. Notice is hereby given that legislation will be introduced at the January, 1971 session of the General Assembly of Georgia making it unlawful to place political campaign posters, signs and advertisements on public property, streets and right-of-ways within Clayton County, to provide for penalties and for other purposes. This 7th day of January, 1971. /s/ Senator Terrell Starr /s/ Rep. W. J. Lee /s/ Rep. Arch Gary /s/ Rep. Lamar Northcutt 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 which is the official organ of Clayton County, on the following dates: January 15, 22, 29, 1971. /s/ William J. Lee Representative 21st District Sworn to and subscribed before me, this 3rd day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 29, 1971.

Page 2266

CITY OF PEARSONNEW CHARTER. No. 122 (House Bill No. 389). An Act to reincorporate the City of Pearson in the County of Atkinson; 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 mayor's court; to provide for the appointment of the recorder; to provide for the qualifications and compensation; to provide for the jurisdiction of the mayor's court; to provide for appeals from the mayor's court; to provide for the payment of court costs; to provide for rules for the mayor'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 Pearson, Georgia, repealing and replacing the charter as provided by Georgia L. 1880-1, p. 647; Georgia L. 1906, p. 965; Georgia L. 1916, p. 1338; Georgia L. 1931, p. 916; Georgia L. 1939, p. 60; Georgia L. 1943, p. 1503, and Georgia L. 1965, p. 2284, as amended. The City of Pearson, Georgia, in the County of Atkinson, and the inhabitants thereof, shall continue to be a body politic and corporate under the name and style of the City of Pearson, Georgia, and by that name shall have perpetual succession, may contract

Page 2267

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. Section 1.02. City Boundaries . Be it further enacted that the boundaries of the City of Pearson shall extend a distance of one mile in every direction from a common center. The intersection of the center line of King Street and the center line of the main line of the Atlantic Coast Line Railroad is hereby designated and established as said common center. Section 1.03. Corporate Powers . Be it further enacted, that the corporate powers of the city, to be exercised by the Mayor and 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 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 of 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 Mayor and Council, under section 36-202

Page 2268

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, an electrical power system, and a community antenna television system, both inside or outside the corporate limits, 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 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, insofar as not in conflict with such regulations by the Georgia 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,

Page 2269

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 city to do so. (m) To provide that persons given jail sentences in the mayor'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 Mayor and Council may provide for the commitment of city prisoners to any county work camps, 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 violation 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

Page 2270

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 Mayor and Council in such ordinance, rule, regulation, or order but not exceeding the limitation 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.

Page 2271

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. ARTICLE II . CITY GOVERNMENT Section 2.01. Establishment of City Government . Be it further enacted, that the corporate governmental powers of the City of Pearson shall be vested in a Mayor and Council to be composed of a mayor and five councilmen. 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 the duly established ordinances of the City of Pearson. 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, must meet the requirements of a qualified elector for members of the General Assembly as prescribed by state law, must be a registered voter in the City of Pearson, and must be a bone fide resident of the City of Pearson 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 Monday in December 1971, and on said date every two years thereafter, a general election shall be held for the three councilmen whose terms of office are expiring. The three councilmen seats to be filled in elections in odd-numbered years shall be known as Post 1, Post 2, and Post 3, respectively. The three candidates for councilmen in said election who receive the majority of votes in their respective races shall be elected for terms of office

Page 2272

of two years each and until their successors are duly elected and qualified. On the second Monday in December 1972, and on said date every two years thereafter, a general election shall be held for mayor and the two councilmen whose terms of office are expiring. The two councilmen seats to be filled in elections in even-numbered years shall be known as Post 4, and Post 5, respectively. The candidate for mayor who receives the majority of votes cast in said election and the two candidates for councilmen who receive the majority of votes cast in their respective races shall be elected for terms of office of two years each and until their successors are duly elected and qualified. In instances where no candidate for mayor or for any council post receives a majority of the votes cast at the election held on the second Monday in December, a runoff election shall be held between the two candidates receiving the highest number of votes in such election. Said runoff election shall be held on the third Monday in December. The candidate for mayor or for any council post receiving a majority of the votes cast in such runoff election shall be declared the winner. Section 2.04. Terms of Office . Be it further enacted, that the terms of office for mayor and councilmen shall begin at the first regular meeting of the Mayor and Council in January next Succeeding the election and shall continue for two years and until their successors are elected and qualified. Section 2.05. Mayor and 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 Mayor and Council shall hold regular public meetings at a stated time and place as provided by ordinance. The Mayor and Council shall meet in special sessions on call of the mayor or call of the mayor pro-tem and two councilmen. Notice of such meeting must have been served on the other members personally or left

Page 2273

at their residence, 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 call may be transacted at a special meeting, except by unanimous consent of all members of the Mayor and Council. The Mayor and Council shall exercise its powers in public meetings. A majority of the Mayor and Council shall constitute a quorum. The Mayor and 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 Mayor and Council, may provide by ordinance for punishment for contemptuous behavior conducted in the presence of the Mayor and Council. Section 2.06. Mayor as Presiding Officer . Be it further enacted that the mayor shall preside at meetings of the Mayor and Council, shall have a vote in the case of a tie vote by councilmen; shall have veto power, and the mayor shall have five days after meetings of the Mayor and Council in which to file with the clerk in writing his dissent, but the Mayor and 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; 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 Mayor and Council at the first regular meeting in January, 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 failure to elect a mayor pro-tem at the first regular meeting in January of each year, the incumbent councilman who received the highest number of votes, when last

Page 2274

elected, shall be declared the 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 of Councilmen . Be it further enacted, that 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 Mayor and Council, which leave shall be entered upon the minute books; or if he is adjudged incompetent or is convicted of malfeasance in office, or of a felony, or any violation of election laws. The Mayor and 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 of Expenses . Be it further enacted that the Mayor and Council may in its discretion determine the salary of the Mayor and Councilmen by ordinance,

Page 2275

provided, however, that no raise in salary shall be effective until the first regular council meeting in January after the next succeeding election. The salary for Mayor shall in no case be more than One hundred ($100) dollars per month and the salary for each councilman shall in no case be more than twenty-five ($25) dollars per month. Each councilman and the mayor, when authorized by the Mayor and Council and upon presentation of itemized vouchers shall receive his actual and necessary expenses incurred in the performance of his duties of office. Section 2.10. 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 Mayor and Council; attending meetings of the Mayor and Council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the ayes and nays on each motion considered, and the text of each resolution or ordinance considered; preparing and certifying copies of official records in this office, for which fees may be presented by ordinance; and performing such other duties as may be required by the Mayor and Council. The Mayor and Council shall require the clerk, 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 $5,000.00, said bond payable to the City of Pearson, 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 Mayor and Council, having a regulatory or penal effect or required to be done by ordinances 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 four members of

Page 2276

the Mayor and 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. 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 Mayor and Council, by such ordinance, 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; may transfer or change the functions and duties of offices, position of employment, departments and agencies of the city; and may prescribe the duties and compensations of any office or position of employment. 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

Page 2277

by ordinance, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a part; may be the prosecuting officer in the mayor's court; shall attend the meetings of the Mayor and Council as directed; shall advise the Mayor and Council, and other officers and employees of the city, concerning legal aspects of the city's affairs. Section 3.04. City Manager . Be it further enacted, that the Mayor and Council may appoint a city manager. The duties and authority of the city manager shall be established by ordinance of the Mayor and Council, and in so doing, the Mayor and Council may specifically delegate to the city manager any of the administrative or budgetary duties of the Mayor. Section 3.05. Oath of Office . Be it further enacted, that before a person takes any office in the city government, he shall take before any officer 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 Pearson, and I will faithfully discharge the duties of. So help me God. Said oaths with the officer's jurat attached shall be written or printed and when executed, filed with the city clerk. Section 3.06. 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 or election to any city office. Section 3.07. 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

Page 2278

city or in the sale of any land, mateiral, supplies or services to the city or to a contractor supplying the city, shall make known that interest by announcement at a meeting of the Mayor and Council or in writing to the city clerk and shall refrain from voting upon or otherwise participating in this 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 3.08. City Planning and Renewal . Be it further enacted, that the Mayor and 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. Budget . Be it further enacted, that the city government of Pearson shall be operated on a budget. The Mayor and Council shall, by ordinance, set the fiscal year and set the procedures to be followed in adopting, changing and following the budget. Section 4.02. 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 sale, with advertisement, and for such consideration as the Mayor and Council shall deem equitable and just to the city. Section 4.03. 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

Page 2279

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 4.04. Publication of Financial Statement . Be it further enacted, that as soon as practicable after the close of the fiscal year, but within three 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. Each month the Mayor and Council shall cause to be published in a local newspaper, an itemized and detailed statement of the previous month's expenditures and receipts by the city. Section 4.05. Property Taxes . Be it further enacted, that 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 (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 Mayor and 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 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

Page 2280

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 4.06. 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 for the purposes of raising revenues to defray the costs of operating the city government, providing governmental services, and for any other public purpose, in addition to a sufficient levy to pay principal and interest on general obligations. Said city is hereby exempted from the provisions on Georgia Code sections 92-4101 to 92-4104 inclusive. Section 4.07. 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 nine percent (9%) 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. 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.

Page 2281

Section 4.08. Collection of Delinquent Taxes . Be it further enacted, that the Mayor and 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 or any other person or persons appointed by the Mayor and Council, 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 4.09. Transfer of Executions . Be it further enacted, that the City Clerk of the City of Pearson 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 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 4.10. Special Assessments . Be it further enacted, that the Mayor and 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 deliquent thirty days after their due dates, and shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten per cent (10%) and shall thereafter be subject to interest at the rate of nine

Page 2282

percent (9%) 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 city council, or councilmen as the case may be, shall be held on the second Tuesday in December of each year. Run-off elections if required, shall be on the third Tuesday in December. 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. Notice of Candidacy . Be it further enacted, that any person desiring to become a candidate in any regular election shall file written notice of his candidacy with the municipal superintendent not less than fifteen (15) nor more than forty-five (45) days, as prescribed by ordinance, prior to the date fixed for the holding of any such election. Any person desiring to become a candidate in any special election shall file written notice of his candidacy with the municipal superintendent not less than ten (10) days nor more than thirty (30) days, as prescribed by ordinance, prior to the date fixed for the holding of any such election. Section 5.03. Qualification of Electors . Be it further enacted, that 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 Pearson for at least ninety days next preceding the election in which he desires to vote or for such period as may otherwise be provided by the Georgia Municipal Election Code,

Page 2283

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 Pearson where provision is made for election by the qualified voters thereof, shall be conducted as to 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. Whenever any time period established by the Election Code is altered so as to change or supersede any time period provided herein, it shall be considered that the time periods provided herein will be correspondingly changed so as to avoid any conflict between this charter and the general law of the State. Section 5.05. Time of Election . Be it further enacted, that the polls shall be opened from 7 o'clock a.m. local time to 7 o'clock p.m. local time. 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; provided, however, any change in a polling place shall be effected as provided by section 34A-604 of the Code of Georgia of 1933 as it now exists or may hereafter be amended. Section 5.07. Voter Registration . Be it further enacted, that in all elections held in the City of Pearson, whether special or general elections, the voters, in addition to the qualifications already prescribed shall be registered as may be prescribed by ordinance. ARTICLE VI . MAYOR'S COURT Section 6.01. Creation . Be it further enacted, that there is hereby established a court to be known as the Mayor's Court, City of Pearson, which shall have jurisdiction and

Page 2284

authority to try offenses against ordinances of said city and to punish for a violation of the same. Such court shall have the power to endorse 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 Pearson 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 Mayor and Council. 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 Pearson, and Atkinson County, and shall reside in the City of Pearson 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) The recorder pro-tem shall serve in the absence of the recorder, shall have the same qualifications as the recorder, shall be appointed by the Mayor and Council, and shall take the same oath as the recorder. (c) Before entering on duties of his office, the recorder

Page 2285

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 ordinance of the City of Pearson 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 Pearson 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 Mayor's Court shall also have concurrent jurisdiction with that of the justice of 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 Pearson. The Mayor's Court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits granted by State laws generally to mayor's, recorder's and police courts, and particularly such laws as authorize the abatement of nuisances. Said recorder is hereby authorized to administer oaths.

Page 2286

Section 6.04. Right of Appeal . Be it further enacted, that the right of appeal from any decision or order of the Mayor's Court shall lie first to the Mayor and Council at its next regular meeting; provided, however, that if the next regular meeting is within ten days of the date of such decision or order, then the defendant may choose to take his appeal to the second regular meeting of the Mayor and Council after such decision or order. No recorder who is also a member of the Mayor and Council shall participate in any appeal proceedings in which he acted as recorder at the trial. The Mayor and Council shall provide by ordinance for the rules of procedure and regulations to be followed in appealing to the Mayor and Council and such rules and regulations shall be filed with the City Clerk and shall be available for public inspection. The right of appeal from any decision or order by the Mayor and Council on an appeal, shall lie to the Superior Court of Atkinson County. Such appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Atkinson County from the Mayor and Council shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the Court of Ordinary. Provided, however, any person convicted of an offense shall have ten (10) days to file his appeal. 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 Mayor's Court of the City of Pearson, 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 Mayor and 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 care-taking of prisoners bound over to the Superior Court for violations of State law. The Mayor and 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 Mayor'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

Page 2287

authorized to issue subpoenas to compel the attendance of witnesses to said Mayor'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 . 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. The rules and regulations made or adopted for said court shall be filed with the City Clerk and shall be available for public inspection. 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 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 declared 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 law in conflict with this Act are hereby repealed.

Page 2288

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1971 Session of the General Assembly of Georgia a bill to create a new charter for the City of Pearson, Georgia, and for other purposes, being an act to repeal and replace an act of the General Assembly of Georgia, approved August 18, 1916, and the acts amendatory thereof, entitled New Charter for the City of Pearson. This 18th day of January, 1971. /s/ Ellie Morris Mayor, City of Pearson Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hanson R. Carter 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 Pearson Tribune which is the official organ of Atkinson County, on the following dates: January 21, 28, 1971 and February 4, 1971. /s/ Hanson R. Carter Representative, 64th District Sworn to and subscribed before me, this 8th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 29, 1971.

Page 2289

WASHINGTON COUNTYORDINARY PLACED ON SALARY, ETC. No. 123 (House Bill No. 390). An Act to abolish the present mode of compensating the Ordinary of Washington 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 the 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 Washington County, known as the fee system, is hereby abolished, and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Fee system abolished. Section 2 . The annual salary of the Ordinary shall be fixed by the governing authority of Washington County before the qualifying date for said office in each election year prior to the beginning of a new term of office. Said salary shall not be diminished or increased thereafter during the term of office of said Ordinary. Placed on 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

Page 2290

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. Costs. 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. He 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 said 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 to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Personnel. 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, uniforms, vehicles 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 Washington County. Expenses of office. Section 6 . This Act shall become effective on January 1, 1973. Effective date.

Page 2291

Section 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that I will introduce a bill in the 1971 session of the General Assembly of Georgia at the request of the board of commissioners of Washington County, Georgia to place the operation of the office of the ordinary of Washington County, Georgia on a salary basis, said salary to be paid by the board of commissioners of Washington County and to abolish the fee system as it relates to the operation of said office and to provide for other matters relating thereto, the same to be effective as of January 1, 1973. This 9th day of January, 1971. T. C. Carr, Representative from Washington Co., Ga. Georgia, Washington County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jesse Mize who on oath, deposes and says that he is the publisher of the Sandersville Progress and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress, which is the official organ of said county on the following dates: January 14, 21, and 28, 1971. /s/ Jesse Mize Publisher of the Sandersville Progress

Page 2292

Sworn to and subscribed before me, this 28th day of January, 1971. /s/ Thomas Hutcheson, Notary Public, Washington County, Ga. My Commission expire May 22, 1973. (Seal). Approved March 29, 1971. WASHINGTON COUNTYTAX COMMISSIONER PLACED ON SALARY. No. 124 (House Bill No. 391). An Act to abolish the present mode of compensating the Tax Commissioner of Washington County, known as the fee system; 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 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 office; 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 Tax Commissioner of Washington County, known as the fee system, is hereby abolished, and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Fee system abolished. Section 2 . The annual salary of the Tax Commissioner shall be fixed by the governing authority of Washington

Page 2293

County before the qualifying date for said office in each election year prior to the beginning of a new term of office. Said salary shall not be diminished or increased thereafter during the term of office of said Tax Commissioner. Placed on 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 Tax Commissioner 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. Costs. Section 4 . The Tax Commissioner 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. He 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 said 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 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. Personnel.

Page 2294

Section 5 . The necessary operating expenses of the Tax Commissioner'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, uniforms, vehicles 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 purposes. The determination of such requirements shall be at the sole discretion of the governing authority of Washington County. Expenses of office. Section 6 . This Act shall become effective on January 1, 1973. Effective date. Section 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation Notice is hereby given that I will introduce a bill in the 1971 session of the General Assembly of Georgia at the request of the board of commissioners of Washington County to provide for the placing upon a salary the tax commissioner of Washington County in lieu of any fees, the same to be effective January 1, 1973, and to provide for other matters relating thereto. This 9th day of January, 1971. T. C. Carr Representative from Washhington Co., Ga. Georgia, Washington County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jesse Mize, who on oath, deposes and says that he is the publisher of the Sandersville Progress and that the attached copy of Notice

Page 2295

of Intention to Introduce Local Legislation was published in the Sandersville Progress, which is the official organ of said county on the following dates: January 14, 21, and 28, 1971. /s/ Jesse Mize Publisher of the Sandersville Progress Sworn to and subscribed before me, this 28th day of January, 1971. /s/ Thomas A. Hutcheson, Notary Public, Washington County, Ga. My commission expires May 22, 1973. (Seal). Approved March 29, 1971. WASHINGTON COUNTYORDINARY, CLERK, TAX COMMISSIONER TO SUBMIT BUDGETS. No. 125 (House Bill No. 392). An Act to provide that certain officers of Washington County shall submit an annual budget; to provide the procedure connected therewith; to require certain information to be included in the budgets; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The fiscal year of the ordinary, tax commissioner and clerk of the superior court of Washington County shall commence on January 1 and end on December 31 of each year. At such time as is designated for preparation of county budgets, but in any event no later than October 15 of each year, the said ordinary, tax commissioner and clerk of the superior court shall certify to the governing

Page 2296

authority of Washington County a proposition budget of expenditure for the carrying out of the powers, duties and operations of their respective offices for the ensuing fiscal year. The said officers shall submit with the proposed budget their sworn certificate, stating that the proposed expenditures are reasonable and necessary for the proper and efficient operation of their respective offices for the ensuing year. Each proposed budget shall show the estimated amounts of all proposed expenditures for operating and equipping the office other than construction, repair or capital improvement of county buildings during said fiscal year. The expenditures shall be itemized as follows: Budgets. (a) Expenses, other than salaries. (b) Equipment. (c) Such other items as may be required by the governing authority. The said officers shall furnish to the governing authority of Washington County all relevant and pertinent information concerning expenditures made in previous years and to the proposed expenditures which said governing authority of the county shall deem necessary. The governing authority of the county may require the said officers to correct mathematical, mechanical, factual and clerical errors, and errors as to form in the proposed budget. Not later than December 1 of each year, the governing authority of Washington County may amend, modify, increase or reduce any or all items of expenditures in the proposed budget and said budget, as fixed by the governing authority, shall be the budget of said officers for the ensuing fiscal year and all expenses connected with each office shall be paid from county funds in accordance with said budgetary provisions. All purchases required by each office shall be made in accordance with procedures prescribed for other purchases made by the county. If, in the judgment of one of said officers an emergency should arise by reason of which the said officer would be

Page 2297

unable to perform his duties without the expenditure of larger amounts than are provided in the current budget, he may apply to the governing authority of Washington County for appropriation of additional amounts. The governing authority shall then act upon the request for additional funds within 15 days from the submission of this request by making available to the officer such sums of money as will be needed to meet such emergency as shall be determined by the governing authority, or by refusing to make any such funds available. For those fiscal years immediately following that year in which said officers are elected, it shall be the duty and responsibility of the officer-elect of each office to submit the proposed budget as provided for hereinabove not later than December 1 after his election. It shall be the duty of each incumbent to make available to the officer-elect such information as may be in his possession and required of the officer-elect by the governing authority of Washington County, and in this respect, each officer shall cooperate fully in the preparation of the officer-elect's budget. The governing authority of Washington County shall not act arbitrarily or capriciously in regards to the budget proposed by each officer or officer-elect, or his request for additional funds but shall act in good faith and for the best interest of the county in all respects thereto. 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 I will introduce a bill in the 1971 session of the General Assembly of Georgia at the request of the board of commissioners of Washington County, Georgia to place in operation what is known as a budget law covering all departments of the local government of Washington County which is operated under the board of commissioners of Washington County and to provide for the enforcement of same. Said budget law to comply with

Page 2298

the general laws of the state applying to budget and the said bill to provide for other matters relating thereto. This 9th day of January, 1971. /s/ T. C. Carr, Representative from Washington Co., Ga. Georgia, Washington County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jesse Mize, who on oath, deposes and says that he is the publisher of the Sandersville Progress and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress, which is the official organ of said county on the following dates: January 14, 21, and 28, 1971. /s/ Jesse Mize Publisher of the Sandersville Progress Sworn to and subscribed before me, this 28th day of January, 1971. /s/ Thomas Hutcheson Notary Public, Washington County, Ga. My commission expires May 22, 1973. (Seal) Approved March 29, 1971.

Page 2299

SUPERIOR COURTSCLERKSATTENDANCE OF TRIALS IN COURT OF ORDINARY (6,700-6,825). No. 129 (House Bill No. 449). An Act to amend an Act requiring the clerks of the superior courts of certain counties to attend the Court of Ordinary for the trial of certain cases, approved December 11, 1953 (Ga. L. 1953, p. 83), as amended, so as to change the population figures contained therein and the census; 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 requiring the clerks of the superior courts of certain counties to attend the Court of Ordinary for the trial of certain cases, approved December 11, 1953 (Ga. L. 1953, p. 83), as amended, is hereby amended by striking from section 1A the following: 6,500 nor more than 6,530 according to the United States census of 1960 and substituting in lieu thereof: 6,700 nor more than 6,825 according to the United States census of 1970. so that when so amended, section 1A shall read as follows: Section 1A. The provisions of this Act shall only apply to all counties in this State having a population of not less than 6,700 nor more than 6,825 according to the United States census of 1970 or any future such census. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

Page 2300

Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 29, 1971. LUMPKIN COUNTY ORDINARY'S SALARY CHANGED. No. 132 (House Bill No. 541). An Act to amend an Act supplementing the compensation of the Ordinary of Lumpkin County, approved March 13, 1957 (Ga. L. 1957, p. 3117) so as to change the provisions relative to said supplement; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act supplementing the compensation of the Ordinary of Lumpking County, approved March 13, 1957 (Ga. L. 1957, p. 3117) 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 Ordinary of Lumpkin County shall be compensated in an amount not less than $2,400.00 nor more than $7,200.00 from the funds of Lumpkin County. The governing authority of Lumpkin County shall determine, within the limits herein provided, the amount the Ordinary shall be compensated, and the amount so determined shall be paid to the Ordinary in equal monthly installments from the funds of Lumpkin County. The compensation for the Ordinary provided for herein shall be in addition to all other compensation and fees authorized for ordinaries by law. Salary. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention. Notice is hereby given that there will be introduced at the regular 1971 Session of the General Assembly of Georgia, a

Page 2301

bill to change the compensation of the Ordinary of Lumpkin County; and for other purposes. This 14th day of January, 1971. /s/ Carlton H. Colwell Representative, 5th 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 29, February 5 and 12, 1971. /s/ Carlton H. Colwell Representative, 5th District Sworn to and subscribed before me, this 15th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal) Approved March 29, 1971. CITY OF DORAVILLECHARTER AMENDED. No. 134 (House Bill No. 646). An Act to amend an Act incorporating the City of Doraville, approved December 15, 1871 (Ga. L. 1871-72, p. 104), as amended, particularly by an Act approved February 17, 1949 (Ga. L. 1949, p. 738), so as to provide for the filling

Page 2302

of vacancies; to provide for the removal of elected officials from office; to provide for the suspension of elected officials upon the indictment of any felonious act or acts; to provide for the forfeiture or payment of compensation to any such official; 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 Doraville, approved December 15, 1871 (Ga. L. 1871-72, p. 104), as amended, particularly by an Act approved February 17, 1949 (Ga. L. 1949, p. 738), is hereby amended by striking section 27 of said amendatory Act in its entirety and inserting in lieu thereof a new section 27, to read as follows: Section 27. Vacancy in the Office of Mayor or Commissioner . A vacancy shall exist if the mayor or a commissioner resigns, dies, moves his residence from the city, or is absent from four consecutive regular meetings of the governing authority, except if granted leave of absence by the city commission and such leave of absence is entered on the minutes, or if he is adjudged legally incompetnet or is convicted of a malfeasance in office or of a felony. In the event a vacancy occurs in the office of mayor or chairman of the city commission, said vacancy shall be filled by the remaining commissioners who shall elect a member of the board of commissioners to serve out the unexpired term of the mayor or chairman of the city commission. In the event of a vacancy in the office of city commissioner, the city commission shall, by a majority vote, elect a citizen of Doraville who is eligible to the office under the terms of this charter to fill said vacancy or vacancies. Section 2 . Said Act is further amended by adding a new section, immediately following section 27 of said amendatory Act, to be designated section 27.01, to read as follows: Section 27.01. Suspension of Elected Officials Upon Indictment Charging Felonious Act or Acts . Whenever any elected official of the City of Doraville shall be indicted by any grand jury for any felonious act or acts, he shall be

Page 2303

suspended, immediately upon the presentation of said indictment, from all duties as an elected official until such time as he has been cleared of the charges. No official who has been suspended from office shall receive any compensation from the city during the period of his suspension, and the compensation of any such official shall be forfeited if he is convicted on any of the charges for which he was indicted. However, if any such official is acquitted of the charges filed against him, he shall be reinstated in office, and he shall be entitled to full compensation for the time he was suspended from office. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for or Have Introduced Local Legislation. Notice is hereby given that the City of Doraville will apply to the present session of the General Assembly of Georgia for local legislation entitled An Act to Amend the City Charter of Doraville As It Appears in Ga. L. 1949, pages 738 et. seq.; 1955, pages 2221 et. seq.; 1958, pages 3058 et seq.; 1968, pages 3336 et. seq.; and 1970, pages 2865 et. seq. to provide for the filling of vacancies, the removal of elected officials from office and the suspension of elected officials upon indictment charging felonious act or acts, and for other purposes. This the 19th day of January, 1971. Ralph Moore, Clerk City Commission of Doraville Gerstein Carter, Attorneys for the City of Doraville. J. David Chesnut. Georgia, DeKalb County. Personally appeared before the undersigned officer authorized by law to administer oaths, Britt Fayssoux who,

Page 2304

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 Legislation was duly published once a week for 3 weeks as required by law, the dates of publication being January 21, January 28, and February 4, 1971. /s/ Britt Fayssoux Sworn to and subscribed before me, this 4th day of February, 1971. /s/ Carol E. Wheeler, Notary Public, Georgia, State at Large. My Commission Expires Feb. 21, 1971. (Seal). Approved March 29, 1971. COURTSFULTON COUNTYSALARY INCREASES FOR CERTAIN JUDGES. No. 137 (House Bill No. 985). An Act to increase the salaries of the Judges of certain courts of Fulton County; to provide the procedures connected therewith; 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 addition to the compensation presently being received by each Judge of the Juvenile Court of Fulton County, the Judge of the Court of Ordinary of Fulton

Page 2305

County, each Judge of the Criminal Court of Fulton County and each Judge of the Civil Court of Fulton County, each such Judge shall receive the additional sum of $1,500.00 per annum for their services as such. Salaries of certain judges increased. Section 2 . The additional compensation provided for in section 1 for said Judges shall be paid from the funds of Fulton County in monthly installments or at such other times as the fiscal authorities of Fulton County shall direct. 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 January, 1971, Session of the Georgia General Assembly a Bill to fix the compensation of certain of the judges of certain courts of Fulton County, to wit, the Juvenile Court of Fulton County, the Civil Court of Fulton County, the Court of Ordinary of Fulton County, and the Criminal Court of Fulton County, and for other purposes. This 4th day of January, 1971. D. W. Austin Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer who, on oath, deposes and says that he is Representative from the 95th 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: January 5, 12, 19 and 26, 1971. /s/ John W. Greer Representative, 95th District

Page 2306

Sworn to and subscribed before me, this 1st day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 29, 1971. FULTON COUNTY PENSION SYSTEM AMENDEDINCREASED PENSIONS. No. 138 (Senate Bill No. 14). An Act to amend an Act entitled An Act authorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to county employees..... and for other purposes, approved March 3, 1939 (Ga. L. 1939, p. 571, et seq.), and the several Acts amendatory thereof, so as to provide additional pension benefits; 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 entitled An Act authorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to county employees..... and for other purposes, approved March 3, 1939 (Ga. L. 1939, p. 571, et seq.), and the several Acts amendatory thereof, be further amended as follows: Section 1 . Pension payments due to former officers and employees who have retired as a matter of right prior to January 1, 1968, shall be paid in addition to all other amounts that have been awarded, a monthly pension increase of $1.00 for each year of creditable service not to exceed twenty-five (25) years. Increased pension.

Page 2307

Section 2 . Benefits now being paid to dependents of deceased former officers and employees awarded pensions under the terms of this Act as heretofore amended, shall be paid in addition to all other amounts that have been awarded, a monthly pension increase of fifty cents (.50) for each year of creditable service, not to exceed twenty-five (25) years. Dependents' increase. Section 3 . The aggregate of all pension benefits payable to all former officers and employees under the provisions of this Act, shall be limited in that the sum shall not exceed three-fourths (3/4) of the average monthly salary paid to such officer or employee for the last year of employment in active service, provided said officer or employee retired under the provisions of the 1945 Act (Ga. L. 1945, p. 658), or 1955 Act (Ga. L. 1955, p. 3118); or three-fourths (3/4) of the average monthly salary of said officer or employee during the highest sixty (60) months of service, provided said officer or employee retired under the provisions of the 1963 Act (Ga. L. 1963, p. 2462), as amended. Further, provided the provisions of this Act shall not apply to any officer or employee or dependent thereof receiving a pension over four thousand dollars per year, or former Fulton County policemen or firemen or their dependents. Limitation. Section 4 . This section shall not be effective to, nor be construed to, confer eligibility for a pension upon any former officer or employee who was not eligible for a pension under the provisions of this Act in effect on the date of retirement, resignation or other withdrawal from service of such former officer or employee. Construction. Section 5 . Increased benefits payable under the terms of this Act shall be paid out of general funds of Fulton County, and shall become effective the date that this amendment is approved by the Governor, or otherwise becomes a law. Effective date. Section 6 . All laws or parts of laws in conflict with this Act are hereby repealed.

Page 2308

Section 7 . A copy of the notice of intention to apply for local legislation is attached hereto and made a part of this bill. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the January, 1971 Session of the General Assembly of Georgia for local legislation to amend the Act approved March 3, 1939, (Ga. L. 1939, p. 571), authorizing the Board of Commissioners of Fulton County to establish Rules and Regulations governing the payment of pensions to County employees of said County..... and for other purposes. Lula B. Carson Executive Secretary 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 16, 23, 30 days of December, 1970, and on the 5th day of January, 1971. As provided by law. /s/ Mildred N. Lazenby Subscribed and sworn to before, me this 14th day of January, 1971. /s/ Maiodis F. Palmer Notary Public Georgia, State at Large. My Commission Expires Jan. 19, 1972. Approved March 30, 1971.

Page 2309

FULTON COUNTY PENSION SYSTEM AMENDEDCREDITABLE SERVICE. No. 139 (Senate Bill No. 15). An Act to amend the Act entitled An Act authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the payment of pensions to county employees..... and for other purposes, approved March 3, 1939 (Ga. L. 1939, p. 571, et seq.), and the several Acts amendatory thereof, so as to allow credit to Fulton County officers and employees for prior service as a Fulton County officer or employee, or as an officer or employee of the State of Georgia or member of the General Assembly thereof, or an officer or employee of any municipality located in whole or in part of Fulton County, to provide the conditions and payment for such service, and certain other requirements as may be prescribed by the Board of Trustees; 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 entitled An Act authorizing the Board of Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the payment of pensions to County employees..... and for other purposes, approved March 3, 1939 (Ga. L. 1939, p. 571, et seq.), and the several Acts amendatory thereof, be further amended as follows: Section 1 . All officers and employees who were elected or employed by Fulton County prior to January 10, 1971, are hereby authorized to claim credit for prior service as a Fulton County officer or employee, officer or employee of any municipality located in whole or in part of Fulton County, officer or employee of the State of Georgia or member of the General Assembly thereof, a year of such service counting for the purpose of this Act as a year of service in Fulton County, provided proof of such service is furnished to the Pension Board before the period ending June 30, 1971. Creditable service.

Page 2310

Whenever such qualified officer or employee desires such credit, not to exceed ten (10) years, he is required to pay into the Pension Fund in addition to all other sums required of this Act, a sum representing 12% plus 6% interest of his total salary as an officer or employee for the years for which he is seeking credit. Provided, however, that such years of credit shall not be used to obtain pension benefits in any other pension system. He shall have been an employee of Fulton County for five years prior to being eligible for such credit. When such employee has served five years with Fulton County he shall immediately receive five years' credit, and for each successive year thereafter he shall receive another year's credit, not to exceed ten years. Fulton County shall not be required to match any part of the said sum. Payments. Section 2 . Any officer or employee of Fulton County who became employed by Fulton County after January 10, 1971 and is qualified for pension benefits under this Act, as amended, who was employed by the State of Georgia or member of the General Assembly thereof, or any municipality located in whole or in part of Fulton County, a year of such service counting for the purpose of this Act as a year of service in Fulton County, prior to his employment by Fulton County, may receive credit for such service for benefits under this Act, as amended, upon the following terms and conditions: How service counted. 1. No credit may be given for part-time or temporary service. Conditions. 2. Such officer or employee must have had at least five (5) years continuous service as an employee of Fulton County before becoming eligible for this service. When such officer or employee has served five years with Fulton County he shall immediately receive five years' credit, and for each succeeding year thereafter with Fulton County, he shall receive another year's credit, not to exceed ten years. 3. Application must be made for the credit within six (6) months after the passage of this Act or after becoming eligible for the credit, whichever is later.

Page 2311

4. Such officer or employee shall pay into the Pension Fund created by this Act, as amended, an amount which he would have paid into such fund had he been an employee of Fulton County during such time, plus matching funds, plus 6% interest on the total amount. The payments may be divided into thirty-six (36) equal installments bearing interest at 4% and the amount thereof deducted from any compensation due such person. 5. It shall be the responsibility of the officer or employee making application for such credit, to furnish to the Board of Trustees proof of the years of service and the monthly rate of compensation in such manner as the Board may by rules prescribe. 6. The total amount of creditable service as provided in this Act shall not exceed ten (10) years. Provided, however, that such years of credit shall not be used to obtain pension benefits in any other pension system. Section 3 . All laws or parts of laws in conflict with the Act are hereby repealed. Section 4 . A copy of the notice of intention to apply for local legislation is attached hereto and made a part of this bill. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the January, 1971 Session of the General Assembly of Georgia for local legislation to amend the Act approved March 3, 1939, (Ga. L. 1939, p. 571), authorizing the Board of Commissioners of Fulton County to establish Rules and Regulations governing the payment of pensions to County employees of said County.....and for other purposes. Lula B. Carson Executive Secretary Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Mildred N. Lazenby, who, being first duly

Page 2312

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 16, 23, 30 days of December, 1970, and on the 5th days of January, 1971. As provided by law. /s/ Mildred N. Lazenby Subscribed and sworn to before me, this 14th day of January, 1971. /s/ Maiodis F. Palmer Notary Public Georgia, State at Large. My Commission Expires Jan. 19, 1972. Approved March 30, 1971. FULTON COUNTY PENSION SYSTEM AMENDED. No. 140 (Senate Bill No. 16). An Act to amend the Act approved March 3, 1939 (Ga. L. 1939, p. 571, et seq.), authorizing the Board of Commissioners 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; so as to allow for pension purposes credit to Fulton County officers and employees employed or elected prior to January 10, 1971, for prior service as a Fulton County officer or employee, or as an officer or employee of the State of Georgia or a member of the General Assembly thereof, or as an officer or employee of any municipality located in whole or in part in Fulton County; to provide the conditions of such service and the

Page 2313

payment, if any, which may be required therefor; to repeal section 3 of the Act of 1969 (Ga. L. 1969, p. 2408, et seq.), and substituting a new section 3 in lieu thereof of said Act of 1969 (Ga. L. 1969, p. 2408, et seq.); to provide for vesting privileges in said Pension system for present officers and employees and certain qualifications; 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, et seq.), as amended by the Act approved March 28, 1969 (Ga. L. 1969, p. 2408, et seq.), be and the same is further amended as follows: Section 1 . Section 3 of the Act of 1969 (Ga. L. 1969, p. 2408, et seq.), is hereby repealed in its entirety and a new section 3 is substituted in lieu thereof as follows: Any officer or employee coming under the terms of this Act who is in the employment of Fulton County immediately 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 by June 30, 1971. 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. All pensions payable under this Act as hereby amended shall be subject to the ceiling or limitation that same shall not exceed three-fourths (3/4) of the average monthly salary of such officer or employee during 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 this limitation, entitle such officer or employee to a higher pension. Limitation.

Page 2314

Section 2 . All officers and employees who were elected or employed by Fulton County prior to January 10, 1971, are hereby authorized to claim credit for prior service as a Fulton County officer or employee, officer or employee of any municipality located in whole or in part of Fulton County, officer or employee of the State of Georgia or member of the General Assembly thereof, a year of such service counting for the purpose of this Act as a year of service in Fulton County, provided proof of such service is furnished to the Pension Board before the period June 30, 1971. Prior service. Whenever such qualified officer or employee desires such credit, not to exceed ten (10) years, he is required to pay into the Pension Fund in addition to all other sums required of this Act, a sum representing 12% of his total salary as an officer or employee for the years for which he is seeking credit, plus 6% interest on the total amount. Fulton County shall not be required to match any part of the said sum. Provided, however, that such years of credit shall not be used to obtain pension benefits in any other pension system. Payments. Section 3 . All officers and employees who have more than thirty (30) years of full time service as a regular officer or employee of Fulton County excluding any service claimed with the State of Georgia, or member of General Assembly thereof, municipality located in whole or in part of Fulton County, or United States military service, and whose termination is voluntary, may elect to leave his contributions in the Pension Fund. Said officer or employee shall be entitled to receive a retirement benefit at age 60, and before age 62. Pension benefits payable under this amendment shall be computed on the same basis and in the same manner as relates to salary and years service, as prescribed in this Act, as amended, and the law under which said officer or employee was participating in at time of voluntary separation and subject to any ceiling or limitation therein. Voluntary termination. Application for benefits under this section must be made within the two year period upon attainment of age 60 and

Page 2315

before age 62. Otherwise, the officer or employee shall be entitled to a refund of his contributions upon making proper application to the Pension Board. Application for benefits under this section shall be made to the Board of Trustees of the Pension System in accordance with all rules as said Board may prescribe. The right of vesting as authorized in this section shall not be effective to, nor be construed to confer eligibility for a pension upon any former officer or employee who was not eligible for a pension under the provisions of this Act in effect upon the date of retirement, resignation or other withdrawal from service of such officer or employee. Section 4 . All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 5 . A copy of the notice of intention to apply for local legislation is attached hereto and made a part of this bill. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the January, 1971 Session of the General Assembly of Georgia for local legislation to amend the Act approved March 3, 1939, (Ga. L. 1939, p. 571), authorizing the Board of Commissioners of Fulton County to establish Rules and Regulations governing the payment of pensions to County employees of said County.....and for other purposes. Lula B. Carson Executive Secretary Georgia, Fulton County. 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 2316

the annexed is a true copy, was published in said paper on the 16, 23, 30 days of December, 1970, and on the 5th days of January, 1971. As provided by law. /s/ Mildred N. Lazenby Subscribed and sworn to before me, this 14th day of January, 1971. /s/ Maiodis F. Palmer Notary Public Georgia, State at Large. My Commission Expires Jan. 19, 1972. Approved March 30, 1971. WALKER COUNTYORDINARY'S COMPENSATION CHANGED. No. 144 (Senate Bill 117). An Act to amend an Act abolishing the fee system of compensation for the ordinary of Walker County and providing in lieu thereof an annual salary, approved January 27, 1964 (Ga. L. 1964, p. 2014), so as to change the compensation of the ordinary of Walker County; 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 ordinary of Walker County and providing in lieu thereof an annual salary, approved January 27, 1964 (Ga. L. 1964, p. 2014), is hereby amended by striking section 2 in its entirety and by inserting in lieu thereof a new section 2 which shall read as follows: Section 2. The ordinary shall receive an annual salary of $15,000.00 per annum payable in equal monthly installments from funds of Walker County. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2317

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1971 Session of the General Assembly of Georgia a bill to change the compensation of the Ordinary of Walker County; and for other purposes. This 6th day of January, 1971. Billy Shaw Abney, Senator, 53rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Shaw Abney, who, on oath, deposes and says that he is Senator from the 53rd 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 6, 13, 20, 1971. /s/ Billy Shaw Abney Senator, 53rd District Sworn to and subscribed before me, this 1st day of February, 1971. /s/ Genevieve M. McKinney, Notary Public, Georgia, State at Large. My Commission Expires, Dec. 16, 1974. Approved March 30, 1971. WALKER COUNTYTAX COMMISSIONER'S COMPENSATION CHANGED. No. 145 (Senate Bill No. 118). An Act to amend an Act consolidating the offices of tax receiver and tax collector of Walker County into the

Page 2318

office of tax commissioner of Walker County, approved January 27, 1964 (Ga. L. 1964, p. 2018), so as to change the compensation of said tax commissioner; 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 Walker County into the office of tax commissioner of Walker County, approved January 27, 1964 (Ga. L. 1964, p. 2018), is hereby amended by striking from section 3 the figure $12,000.00, and by inserting in lieu thereof the figure $15,000.00, so that when so amended, said section 3 shall read as follows: Section 3. The tax commissioner shall receive for his services as such an annual salary of $15,000.00 payable in equal monthly installments from 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 1971 Session of the General Assembly of Georgia, a bill to change the compensation of the Tax Commissioner of Walker County; and for other purposes. This 6th day of January, 1971. Billy Shaw Abney, Senator, 53rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Shaw Abney, who, on oath, deposes and says that he is Senator from the 53rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

Page 2319

Walker County Messenger which is the official organ of Walker County, on the following dates: January 6, 13, 20, 1971. /s/ Billy Shaw Abney Senator, 53rd District Sworn to and subscribed before me, this 1st day of February, 1971. /s/ Genevieve M. McKinney, Notary Public, Georgia State at Large. My Commission Expires, Dec. 16, 1974. Approved March 30, 1971. WALKER COUNTYCLERK'S COMPENSATION CHANGED. No. 146 (Senate Bill No. 119). An Act to amend an Act abolishing the fee system of compensation for the clerk of the superior court of Walker County and providing in lieu thereof an annual salary, approved January 27, 1964 (Ga. L. 1964, p. 2024), so as to change the compensation of said 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 abolishing the fee system of compensation for the clerk of the superior court of Walker County and providing in lieu thereof an annual salary, approved January 27, 1964 (Ga. L. 1964, p. 2424), is hereby amended by striking section 2 in its entirety and by inserting in lieu thereof a new section 2 which shall read as follows: Section 2. The clerk of the superior court shall receive an annual salary of $15,000.00 payable in equal monthly installments from the funds of Walker County.

Page 2320

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 1971 Session of the General Assembly of Georgia, a bill to change the compensation of the Clerk of the Superior Court of Walker County; and for other purposes. This 6th day of January, 1971. Billy Shaw Abney Senator, 53rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Shaw Abney who, on oath, deposes and says that he is Senator from the 53rd 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 6, 13, 20, 1971. /s/ Billy Shaw Abney Senator, 53rd District Sworn to and subscribed before me, this 1st day of February, 1971. /s/ Genevieve M. McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. Approved March 30, 1971.

Page 2321

PICKENS COUNTYSHERIFF'S COMPENSATION CHANGED. No. 147 (Senate Bill No. 121). An Act to amend an Act placing the Sheriff of Pickens County on an annual salary in lieu of the fee system, approved February 28, 1966 (Ga. L. 1966, p. 2138), as amended, so as to change the provisions relative 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 Pickens County on an annual salary in lieu of the fee system, approved February 28, 1966 (Ga. L. 1966, p. 2138), 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 Sheriff shall receive an annual salary of $10,000 payable in equal monthly installments from the funds of Pickens 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 1971 session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff of Pickens County on a salary system in lieu of a fee system, approved February 28, 1966 (Ga. L. 1966, p. 2138), so as to change the provisions relative to the compensation of the Sheriff; to change the compensation of the Sheriff's deputies; and for other purposes. This 29th day of December, 1970. Maylon K. London 50th Senatorial District

Page 2322

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 Pickens County Progress which is the official organ of Pickens County, on the following dates: January 7, 14, 21, 1971. /s/ Maylon K. London Senator, 50th District Sworn to and subscribed before me, this 8th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. PICKENS COUNTYORDINARY'S COMPENSATION CHANGED. No. 148 (Senate Bill No. 122). An Act to amend an Act placing the Ordinary of Pickens County on an annual salary in lieu of the fee system of compensation approved April 18, 1967 (Ga. L. 1967, p. 3277), so as to change the compensation of the Ordinary; 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 Pickens County on an annual salary in lieu of the fee system of compensation, approved April 18, 1967 (Ga. L. 1967, p. 3277), is hereby amended by striking from section 2 the figure

Page 2323

$4,800.00 and inserting in lieu thereof the figure $6,000.00 so that when so amended section 2 shall read as follows: Section 2. The Ordinary shall receive an annual salary of $6,000.00 payable in equal monthly installments from the funds of Pickens 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 1971 session of the General Assembly of Georgia, a bill to amend an Act placing the Ordinary of Pickens County on an annual salary in lieu of the fee system of compensation, approved April 18, 1967 (Ga. L. 1967, p. 3277), so as to change the compensation of the Ordinary; and for other purposes. This 29th day of December, 1970. Maylon K. London 50th Senatorial 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 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 7, 14, 21, 1971. /s/ Maylon K. London Senator, 50th District Sworn to and subscribed before me, this 8th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. Approved March 30, 1971.

Page 2324

PICKENS COUNTY HOSPITAL AUTHORITYMEMBERS TERMS OF OFFICE. No. 149 (Senate Bill No. 123). An Act to provide for the terms of office of members of the Board of the Pickens County Hospital Authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Upon the expiration of the terms of office of the present members of the Board of the Pickens County Hospital Authority, their successors shall be appointed for terms as follows: two shall be appointed for terms of one year, two shall be appointed for terms of two years, and three shall be appointed for terms of three years. Thereafter, all successors shall be appointed for terms of three years. 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 1971 session of the General Assembly of Georgia, a bill to change the provisions relative to the terms of office of the members of the board of the Pickens County Hospital Authority; and for other purposes. This 29th day of December, 1970. Maylon K. London 50th Senatorial 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 attached copy of Notice of Intention to

Page 2325

Introduce Local Legislation was published in the Pickens County Progress which is the official organ of Pickens County, on the following dates: January 7, 14, 21, 1971. /s/ Maylon K. London Senator, 50th District Sworn to and subscribed before me, this 8th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. Approved March 30, 1971. PICKENS COUNTYCOMMISSIONER'S AND CLERK'S SALARIES CHANGED. No. 153 (Senate Bill No. 150). An Act to amend an Act creating the Commissioner of Pickens County, approved August 16, 1920 (Ga. L. 1920, p. 598), as amended, so as to change the compensation of the Commissioner; to change the provisions relative to the compensation of the Clerk of the Commissioner; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Commissioner of Pickens County, approved August 16, 1920 (Ga. L. 1920, p. 598), as amended, is hereby amended by striking from section 6 the following: seventy-five hundred dollars ($7,500.00) and inserting in lieu thereof the following: twelve thousand dollars ($12,000.00) so that when so amended section 6 shall read as follows: Section 6. The Commissioner of Pickens County shall be compensated in the amount of twelve thousand dollars

Page 2326

($12,000.00) per annum, to be paid in equal monthly installments from the general funds of said county. Section 2 . Said Act is further amended by striking section 6A in its entirety. Section 3 . Said Act is further amended by striking from section 6B the following: twenty-four hundred dollars ($2,400.00) and inserting in lieu thereof the following: three thousand, six hundred dollars ($3,600.00) so that when so amended section 6B shall read as follows: Section 6B. The Commissioner of Pickens County shall have the authority to employ a clerk and fix his compensation in an amount not to exceed three thousand, six hundred dollars ($3,600.00) per annum, payable in equal monthly installments from the funds of Pickens County. It shall be within the sole power and authority of the Commissioner 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. Section 4 . The provisions of sections 1 and 2 of this Act shall become effective on January 1, 1972. The provisions of section 3 of this Act shall become effective upon approval of this Act by the Governor or upon its otherwise 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 1971 session of the General Assembly of Georgia, a bill to amend an Act creating the Commissioner of Roads and Revenue of Pickens County, approved August 16, 1920 (Ga. L. 1920, p. 598), as amended, so as to change the compensation of the Commissioner; to change the provisions

Page 2327

relative to the compensation of the Clerk of the Commissioner; and for other purposes. This 29th day of December, 1970. Maylon K. London 50th Senatorial 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 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 7, 14, 21, 1971. /s/ Maylon K. London Senator, 50th District Sworn to and subscribed before me, this 9th day of February, 1971. /s/ Rebecca Faulkner, Notary Public, Georgia State at Large. My Commission Expires Dec. 13, 1974. Approved March 30, 1971. CITY OF CLAXTONCHARTER AMENDED. No. 154 (Senate Bill No. 165). An Act to amend an Act granting a new charter to the City of Claxton in the County of Evans, approved April 5, 1961 (Ga. L. 1961, p. 3312), as amended, so as to create in lieu of the mayor's court a recorder's court; to provide for the selection of the recorder and for the jurisdiction of

Page 2328

the recorder's court; 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 granting a new charter to the City of Claxton in the County of Evans, approved April 5, 1961 (Ga. L. 1961, p. 3312), as amended, 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. Recorder's Court. (a) Creation . There is hereby established a court to be known as the `Recorder's Court, City of Claxton' 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 the laws of Georgia, to subpoena witnesses, to punish witnesses for nonattendance, and to try all offenses occurring within the territorial limits of the City of Claxton 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 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. (b) Recorder . 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 qualified voter in the City of Claxton, 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 for a term of one (1) year and until his successor is appointed and qualified. The mayor and council shall also fill any vacancy or unexpired term in such office. The compensation

Page 2329

of the recorder shall be fixed by the mayor and council. At the discretion of the mayor and council, the mayor shall be authorized to serve as recorder. 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. (c) Jurisdiction . The recorder shall have power to impose fines for the violation of any law or ordinance of the City of Claxton passed in accordance with this charter, to an amount not to exceed five hundred dollars ($500.00), to imprison offenders for a period of not more than ninety (90) days, or at labor on the roads and streets or other public works of said city for not more than ninety (90) 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 fifty dollars ($50.00) or imprisonment not exceeding twenty-five (25) 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 Claxton, which warrants may be executed by any police officer of said city, to hold committal hearings, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of a 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 Claxton. 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, recorders and police courts, and particularly such laws as authorize the abatement of nuisances. (d) Right of Certiorari . The right of certiorari to the superior court from the recorder's court shall lie in the

Page 2330

same manner and under the same procedure as prescribed for certiorari to the various justice courts of the State. (e) Vacancy in Office . In the absence, sickness or disqualification of the recorder or vacancy in such office, a recorder pro tempore appointed by the mayor and council, the mayor, or any member of the council designated by the mayor may preside over the recorder's 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 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. (f) Court Costs . In all cases in the recorder's court of the City of Claxton, 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 states. (g) Rules for Courts . With the approval of the mayor and council, the recorder 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 recorder's court of the City of Claxton. 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 Legislation. Notice is hereby given that legislation will be introduced before the 1971 regular session of the General Assembly of the State of Georgia to amend the Charter of the City of Claxton, (Georgia L. 1961, pages 3312-3338) creating in

Page 2331

lieu of the existing Mayor's Court, a Recorder's Court; providing for the selection of the recorder and providing the jurisdiction of the Recorder's Court so created. 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: December 24, 31, 1970 and January 7, 1971. /s/ Joseph E. Kennedy Senator, 4th District Sworn to and subscribed before me, this 10th day of February, 1971. /s/ Genevieve McKinney, Notary Public. Approved March 30, 1971. CLAYTON COUNTYCOUNTY FUNDS. No. 155 (Senate Bill No. 185). An Act to provide for the custody and disposition of county funds collected by employees and officers of Clayton County; to authorize the Board of Commissioners to promulgate reasonable rules and regulations for the orderly transfer of such funds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . All officers and employees of Clayton County collecting and remitting county funds shall submit a report

Page 2332

and turn over such funds to the Board of Commissioners between the first and the tenth of each month for the preceding month. Provided this shall not apply to funds of the Clayton County Water Authority. Section 2 . The Board of Commissioners may promulgate, by resolution, reasonable rules and regulations for the orderly transfer of county funds to the Board of Commissioners. 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, 1971 Session of the General Assembly of Georgia, an Act to provide for custody and disposition of all county funds coming into the hands of officers and employees of Clayton County; to repeal conflicting laws; to provide an effective date and for other purposes. This 12th day of January, 1971. John R. McCannon, County Attorney for Clayton County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell A. Starr who, on oath, deposes and says that he is Senator from the 44th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Forest Park Press which is the official organ of Clayton County, on the following dates: January 15, 22, and 29, 1971. /s/ Terrell A. Starr Senator, 44th District

Page 2333

Sworn to and subscribed before me, this 11th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. Approved March 30, 1971. UPSON COUNTYSHERIFF'S SALARY INCREASED, ETC. No. 152 (Senate Bill No. 192). An Act to amend an Act placing the sheriff of Upson County upon an annual salary, approved March 30, 1965 (Ga. L. 1965, p. 2856), as amended, so as to increase the compensation of said sheriff and the chief deputy sheriff; to provide the maximum number of deputy sheriffs allowable and to fix the maximum amount of compensation for said deputy sheriffs; to provide for a desk clerk and for a bookkeeper for said sheriff and to fix the maximum compensation for said desk clerk and bookkeeper; to provide for the furnishing of automobiles for said sheriff's department; 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 Upson County upon an annual salary, approved March 30, 1965 (Ga. L. 1965, p. 2856), as amended, 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. From and after the effective date of this Act, the sheriff of Upson County shall receive an annual salary of fourteen thousand two hundred dollars ($14,200.00) payable in equal monthly installments from the funds of Upson County. The annual salary provided for

Page 2334

herein shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments and perquisites of any nature whatsoever heretofore allowed as compensation to said sheriff, regardless of the capacity in which the services for such fees, costs, fines, forfeitures, commissions, emoluments or perquisites were rendered. 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 sheriff of Upson County shall have the sole power and authority to appoint one chief deputy and three deputies. The said sheriff shall fix the compensation of such chief deputy at an amount not in excess of seven thousand two hundred dollars ($7,200.00) per annum payable in equal monthly installments from the funds of Upson County; and shall fix the compensation of each of said deputies at an amount not in excess of six thousand dollars ($6,000.00) per annum, which shall also be payable in equal monthly installments from the funds of Upson County. The sheriff of Upson County shall also have the sole power and authority to appoint a desk clerk and a bookkeeper. The said sheriff shall fix the compensation of such desk clerk at an amount not in excess of two thousand one hundred dollars ($2,100.00) per annum payable in equal monthly installments from the funds of Upson County; and shall fix the compensation of such bookkeeper at an amount not in excess of six hundred dollars ($600.00) per annum payable in equal monthly installments from the funds of Upson County. It shall be within the sole power and authority of the said sheriff during his term of office to designate and name the persons who shall be employed as such chief deputy, as such deputies, as such desk clerk and as such bookkeeper and to prescribe their duties and assignments and to remove or replace such chief deputy, deputies, desk clerk and bookkeeper at will, and within his sole discretion. 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 2335

Section 4. Upson County shall furnish to said sheriff for the use of his chief deputy and of his deputies, under such circumstances and conditions as the said sheriff shall prescribe, two automobiles equipped with shortwave radios. The automobiles shall be replaced every two years or at 75,000 miles, whichever shall first occur. The said sheriff of Upson County shall furnish, at his sole expense, an automobile equipped with a shortwave radio for his own use in discharging the duties of his office. Section 4 . Said Act is further amended by striking section 5 in its entirety and substituting in lieu thereof a new section 5 to read as follows: Section 5. Upson County shall be responsible for the expense of the maintenance of all automobiles described in section 3 of this Act, and for the expenses of the operation thereof. Said sheriff shall purchase gasoline, oil and other necessary operating materials, and have the maintenance work thereon done at such place or places as shall be, from time to time, directed by the governing authority of Upson County. 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 1971 regular session of the General Assembly of Georgia a local Bill to increase the compensation of the sheriff of Upson County and the chief deputy; to provide the maximum number of deputies allowable and to fix the maximum amount of compensation for said deputies; to provide for a desk clerk and for a bookkeeper for said sheriff and to fix the maximum compensation for said desk clerk and bookkeeper; to provide for the furnishing of automobiles for said sheriff's department; to provide for an effective date of said amendment; to repeal conflicting laws; and for other purposes.

Page 2336

This 4th day of January, 1971. /s/ D. Marvin Adams Post No. 1 Representative in the General Assembly for 39th House District of Georgia /s/ J. R. Smith Post No. 2, Representative in the General Assembly for 39th House District of Georgia /s/ T. R. Scott Senator, 17th Senatorial District of Georgia Georgia, Upson County. Before me, the undersigned officer authorized to administer oaths, personally appeared S. J. Carswell, who, on oath, says that he is 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 apply for local legislation, was duly published in The Thomaston Times once a week for three (3) weeks as required by law, said dates of publication being January 7, 1971, January 14, 1971, and January 21, 1971. /s/ S. J. Carswell Sworn to and subscribed before me, this 25th day of January, 1971. /s/ Ronatt Barfield, Notary Public, Upson County, Georgia. My commission expires 1-14-73. Approved March 30, 1971.

Page 2337

BRYAN COUNTYBOARD OF COMMISSIONERSSALARIES CHANGED. No. 157 (Senate Bill No. 193). An Act to amend an Act creating the Board of Commissioners of Bryan County, approved March 22, 1941 (Ga. L. 1941, p. 765), so as to change the compensation of the Chairman, Vice-Chairman and members 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 the Board of Commissioners of Bryan County, approved March 22, 1941 (Ga. L. 1941, p. 765), 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. (a) The Board of Commissioners shall hold its regular meeting on the first Tuesday in each month at the county site. The clerk of said Board shall record the acts and doings of the Board in any and all special or called meetings as well as all regular monthly meetings, and the records of the Board shall at all times be open and subject to inspection by the public. (b) The Chairman of said Board shall be compensated in the amount of $100.00 per month, the Vice-Chairman in the amount of $75.00 per month and the remaining members in the amount of $50.00 per month. All such compensation shall be paid from the funds of Bryan County. Section 2 . The effective date of this Act shall be the first day of the month following the signature of 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 2338

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1971 session of the General Assembly of Georgia a bill to change the compensation of the board of commissioners of Bryan County, Georgia. The above notice is given in compliance with the Constitution of the State of Georgia of 1945, Article III, Section VII, Paragraph XV pertaining to local legislation. This 12th day of January, 1971. /s/ Edward Zipperer Senator Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edward Helmey 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 Pembroke Journal which is the official organ of Bryan County, on the following dates: January 14, 21, 28, 1971. /s/ Edward Helmey Zipperer Senator, 3rd District Sworn to and subscribed before me, this 11th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. Approved March 30, 1971. CLAYTON COUNTYCOMMUTATION TAX IN LIEU OF ROAD WORK ACT REPEALED. No. 158 (Senate Bill No. 211). An Act to repeal an Act providing for a commutation tax in lieu of road work in any militia or road district in the

Page 2339

County of Clayton, approved December 8, 1897 (Ga. L. 1897, p. 578), to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for a commutation tax in lieu of road work in any militia or road district in the County of Clayton, approved December 8, 1897 (Ga. L. 1897, p. 578), is hereby repealed in its entirety. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without 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, 1971 Session of the General Assembly of Georgia, an Act to repeal an Act approved December 8, 1897 (Ga. L. 1897, p. 578) in its entirety where it pertains to Clayton County; to provide an effective date and for other other purposes. This 12th day of January, 1971. John R. McCannon County Attorney for Clayton County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell A. Starr who, on oath, deposes and says that he is Senator from the 44th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forest

Page 2340

Park Free Press which is the official organ of Clayton County, on the following dates: January 15, 22, and 29, 1971. /s/ Terrell A. Starr Senator, 44th District Sworn to and subscribed before me, this 11th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. Approved March 30, 1971. CLAYTON COUNTYACT ABOLISHING OFFICE OF COUNTY TREASURER REPEALED. No. 159 (Senate Bill No. 213). An Act to repeal an Act abolishing the office of County treasurer of Clayton County, Georgia, approved July 28, 1920 (Ga. L. 1920, p. 488); 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 office of county treasurer of Clayton County, Georgia, approved July 28, 1920 (Ga. L. 1920, p. 488), is hereby repealed in its entirety. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without 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, 1971 Session of the General Assembly of Georgia,

Page 2341

an Act to repeal an Act approved July 28, 1920 (Ga. L. 1920, p. 488, as amended), to provide for an effective date and for other purposes. This 12th day of January, 1971. John R. McCannon County Attorney for Clayton County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell A. Starr who, on oath, deposes and says that he is Senator from the 44th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Forest Park Free Press which is the official organ of Clayton County, on the following dates: January 15, 22, and 29, 1971. /s/ Terrell A. Starr Senator, 44th District Sworn to and subscribed before me, this 11th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. Approved March 30, 1971. EVANS COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY CREATED. No. 160 (Senate Bill No. 226). An Act to create the Evans County Industrial Development Authority; to provide the purpose, duties, control, organization

Page 2342

and powers of said Authority; to provide for issuing revenue bonds; and for the validation of such bonds; 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 . This Act shall be known and may be cited as the Evans County Industrial Development Authority Act. Title. Section 2 . There is hereby created a body corporate and politic to be known as the Evans County Industrial Development Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of 9 members all of whom shall be residents of Evans County. The members shall be selected in the following manner: The Board of Commissioners of Evans County shall appoint 5 members and the Mayor and Council of the City of Claxton shall appoint 4 members. For the first appointments, the County shall appoint two members for one year and the City shall appoint one member for one year and the County and City shall each appoint one member for two years, one member for three years, and one member for four years. Thereafter all terms and appointments, except in case of a vacancy, shall be for four years. In the event any vacancy occurs in the County group, the County shall fill by appointment such vacancy for the unexpired term. In the event a vacancy occurs in the City group, the City shall fill by appointment such vacancy for the unexpired term. Members shall be eligible for reappointment. The Authority shall elect a chairman, a vice-chairman and a secretary-treasurer, or a secretary and a treasurer. Neither the secretary nor the treasurer shall be required to be a member of the Authority. The members of the Authority shall be entitled to no compensation. However, all members shall be reimbursed for actual expenses incurred in the performance of their official duties from any funds legally available to the Authority. Creation. Membership.

Page 2343

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: Definitions. (a) The word Authority shall mean the Evans County Industrial Development Authority created by this Act and by and under the Constitution of the State of Georgia. (b) The word project shall be deemed to mean and include the acquisition of land, 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. (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 Evans and the City of Claxton are expressly authorized to enter into contracts with the Authority as a public corporation. Contracts. Section 5 . Any five members shall constitute a quorum for the transaction of the ordinary business of the Authority. Quorum. Section 6 . The Authority shall have powers: (a) To have a seal and alter the same at pleasure.

Page 2344

(b) To acquire, hold and dispose of personal property, including the stock of other corporations, for its corporate purposes. Powers. (c) To enter into contracts with the County of Evans and the City of Claxton. (d) To acquire in its own name by purchase, on such terms and conditions, and in such manner as it may deem proper, real or personal property or liens or easements therein or franchises 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 constructed on lands, the title to which shall then be in the County of Evans or the City of Claxton, the governing authorities of Evans County and the City of Claxton are authorized in their discretion to convey title to such lands, including any improvements thereon, to the Authority. The Authority may acquire land and construct projects thereon or it may acquire existing structures in furtherance of the public purposes for which it was created. (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. (g) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, equip, operate and manage 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 Evans or City of Claxton, or from any contribution or loans by persons, firms

Page 2345

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. (j) To do any 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 to 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. Such revenue bonds shall be issued and validated under and in accordance with the applicable provisions of the Act of the General Assembly, approved March 31, 1937 (Ga. L. 1937, pp. 761-774), and as subsequently amended, providing for the issuance of revenue bonds. Section 7 . All lands and improvements thereon the title to which is vested in the Authority and all debentures and revenue bonds issued by the Authority may be exempt from State and local taxation. Section 8 . The Authority shall not be empowered or authorized in any manner to create a debt against the State of Georgia, the County of Evans or the City of Claxton. Section 9 . The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of

Page 2346

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 obligations of the Authority. Section 10 . The property of the Authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation. Section 11 . This Act being for the purpose of developing and promoting the public good and the welfare of the County of Evans and the City of Claxton and their inhabitants, shall be liberally construed to effect the purposes hereof. Purpose. Section 12 . 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 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 1971 Session of the General Assembly of Georgia, a Bill to implement the constitutional amendment (Ga. L. 1968, p. 1556) creating the Evans Industrial Development Authority; to establish the Evans County Industrial Development Authority; to provide the purpose, duties, control, organization and powers of said Authority; to provide for issuing revenue bonds; and for other purposes. Gary E. Smith, President Claxton-Evans County Chamber of Commerce

Page 2347

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 28, February 4 and 11, 1971. /s/ Joseph E. Kennedy Senator, 4th District Sworn to and subscribed before me, this 17th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large My Commission Expires Dec. 16, 1974. Approved March 30, 1971. PICKENS COUNTY TAX COMMISSIONER PLACED ON SALARY, ETC. No. 161 (Senate Bill No. 232). An Act to amend an Act creating the office of tax commissioner of Pickens County, Georgia, approved February 22, 1943 (Ga. L. 1943, p. 1094), as amended, by an Act approved February 17, 1950 (Ga. L. 1950, p. 2695), so as to provide an annual salary for the tax commissioner in lieu of fees, commissions and other emoluments with certain exceptions; to provide for personnel to assist the tax commissioner; to provide for the payment of operating expenses from county funds; 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:

Page 2348

Section 1 . An Act creating the office of tax commissioner of Pickens County, Georgia, approved February 22, 1943 (Ga. L. 1943, p. 1094), as amended, by an Act approved February 17, 1950 (Ga. L. 1950, p. 2695), is hereby amended by striking sections 4, 5 and 6 in their entirety and substituting in lieu thereof new sections 4, 5 and 6 to read as follows: Section 4. The Tax Commissioner of Pickens County shall receive an annual salary of $10,000.00 to be paid in equal monthly installments from the funds of Pickens County. Section 5. (a) Except as otherwise provided in subsection (b) of this section, 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 Pickens 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 for the tax commissioner by section 4 of this Act shall be in lieu of all commissions or other fees allowed by an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the net tax digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. (b) It is specifically provided that, in addition to the salary provided by section 4 of this Act, the tax commissioner shall be entitled to continue to receive the fees 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 as agents of the State Revenue Commissioner. (c) Any fees, commissions, costs, fines, emoluments and perquisites of whatever kind which the tax commissioner was entitled to receive as his compensation as of December 31, 1971, but which were uncollected on said date, shall

Page 2349

be payable to the tax commissioner, as his compensation, when collected. Section 6. (a) The tax commissioner is hereby authorized to employ a deputy who shall be compensated in an amount not to exceed $4,800.00 per annum which shall be paid in equal monthly installments from the funds of Pickens County. The tax commissioner shall be authorized to employ such additional personnel to assist him in discharging his official duties as he may deem necessary, but the compensation payable from county funds for all such additional personnel shall not exceed $1,200.00 per annum. (b) The necessary operating expenses of the tax commissioner's office, except for the compensation of personnel which shall be as provided in subsection (a) of this section, shall be paid from any funds of the county available for such purpose. All stamps, stationery, supplies, materials, furnishings, furniture, utilities and equipment and the repair and replacement thereof as may be reasonably required by the tax commissioner in discharging his official duties shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the discretion of the governing authority of Pickens County. Section 2 . This Act shall become effective on January 1, 1972. 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 1971 session a Bill to provide an annual salary for the Tax Commissioner of Pickens County; to provide for all matters relative thereto; and for other purposes. Maylon London Senator, 50th Senatorial District

Page 2350

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Maylon 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 Pickens County Progress which is the official organ of Pickens County, on the following dates: January 28, February 4 and 11, 1971. /s/ Maylon London Senator, 50th District Sworn to and subscribed before me, this 18th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. Approved March 30, 1971. CITY OF COLLEGE PARKCHARTER AMENDED. No. 162 (Senate Bill No. 236). 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, so as to change the corporate limits; 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, is hereby amended to provide that the corporate limits are hereby extended beyond the present boundaries as now defined so as to include the following parcel of territory, to-wit:

Page 2351

All that tract or parcel of land lying and being in Land Lots 28 and 37 of the 13th District of Fulton County, Georgia, and more particularly described, as follows: BEGINNING at the intersection of the Southwest right-of-way of Chapman Springs Road and the Northwest right-of-way of Roosevelt Highway; thence Southwesterly along the right-of-way of Roosevelt Highway 693.7 feet to a point on the West line of Land Lot 37; thence North along the West line of Land Lots 37 and 28 a distance of 380.1, more or less, to a point; thence Northeasterly 473.3 feet to a point on the Southwest right-of-way of Chapman Springs Road; thence Southeasterly along the right-of-way of Chapman Springs Road 285 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 Apply for Local Legislation. Notice is hereby given that the City of College Park intends to apply for passage of local legislation at the 1971 Session of the General Assembly of Georgia, convening in January, 1971, to amend Georgia L. 1895, p. 251, and all acts amendatory thereof, establishing the City of College Park; to provide for changes and/or amendments establishing and regulating the corporate powers provided in the Charter of the City of College Park; to amend the corporate limits of the City of College Park; to authorize the City of College Park to make a census recount of the residents and that said recount be recognized by the State of Georgia as the official census of the City of College Park; and for other purposes. This 8th day of January, 1971. George E. Glaze City Attorney of the City of College Park, Georgia

Page 2352

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Armstrong Smith who, on oath, deposes and says that he is Senator from the 34th 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: January 8, 15 and 22, 1971. /s/ W. Armstrong Smith, Senator, 34th District Sworn to and subscribed before me, this 18th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. Approved March 30, 1971. CHEROKEE COUNTYORDINARY'S SALARY, ETC. No. 163 (Senate Bill No. 241). 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), an Act approved April 4, 1967 (Ga. L. 1967, p. 2620), an Act approved April 17, 1969 (Ga. L. 1969, p. 2821), and by an Act approved February 26, 1970 (Ga. L. 1970, p. 2145), so as to change the compensation of the ordinary; to change the provisions relative

Page 2353

to the compensation of the 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: 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), an Act approved April 4, 1967 (Ga. L. 1967, p. 2620), an Act approved April 17, 1969 (Ga. L. 1969, p. 2821), and by an Act approved February 26, 1970 (Ga. L. 1970, p. 2145), is hereby amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. (a) The ordinary shall be compensated in the amount of $9,000.00 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. (b) The ordinary shall be authorized to employ one deputy who shall be compensated in equal monthly installments from the funds of Cherokee County in accordance with the same salary schedule provided for the office clerk of the sheriff in subsection (c) of section 2 of this Act. (c) The ordinary of Cherokee County shall no longer have jurisdiction of cases involving the driving of a motor vehicle under the influence of intoxicants or drugs. Section 2 . This Act shall become effective on January 1, 1973. Effective date.

Page 2354

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 1971 Session of the General Assembly of Georgia, a bill to change the compensation of the Ordinary of Cherokee County; and for other purposes. This 8th day of January, 1971. Jack C. Fincher, Sr. Senator, 51st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack C. Fincher, Sr. who, on oath, deposes and says that he is Senator from the 51st 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: January 14, 21 and 28, 1971. /s/ Jack C. Fincher, Sr. Senator, 51st District Sworn to and subscribed before me, this 19th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. Approved March 30, 1971.

Page 2355

TOWN OF IVEYCHARTER AMENDED. No. 164 (Senate Bill No. 253). An Act to amend an Act creating and establishing a charter for the Town of Ivey, approved February 13, 1950 (Ga. L. 1950, p. 2337), as amended by an Act approved April 10, 1968 (Ga. L. 1968, p. 3480), so as to clarify and make more definite the existing town limits; 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 Ivey, approved February 13, 1950 (Ga. L. 1950, p. 2337), as amended by an Act approved April 10, 1968 (Ga. L. 1968, p. 3480), is hereby amended by striking section 2 and section 2A in their entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The corporate limits of the Town of Ivey as herein incorporated shall consist of and include all of that certain territory lying and being in the 331st (Ramah) G. M. District and the 1505th (Ivey) G. M. District of Wilkinson County, Georgia, and being more particularly described as follows: BEGINNING at an iron stob driven in the center of the run of Beaver Creek on the western border of the right-of-way of State Highway #243 running from Gordon, Georgia, to Milledgeville, Georgia, and from said beginning point running south twenty-nine degrees (29) fifty-three minutes (53[UNK]) east a distance of four hundred eighty-three and eight tenths feet (483.8[UNK]); thence south thirty-seven degrees (37) eleven minutes (11[UNK]) east a distance of two hundred sixty-nine feet (269[UNK]); thence south nineteen degrees (19) sixteen minutes (16[UNK]) east a distance of four hundred ninety-three and six tenths feet (493.6[UNK]); thence south twenty-nine degrees (29) twenty-four minutes (24[UNK]) east a distance of two hundred seventy-one feet (271[UNK]); thence south fifty degrees (50) thirty-five minutes (35[UNK]) east a distance of four hundred fifty-one feet (451[UNK]); thence

Page 2356

south thirty degrees (30) fifty-five minutes (55[UNK]) east a distance of six hundred seventy-nine feet (679[UNK]); thence south thirty-seven degrees (37) ten minutes (10[UNK]) east a distance of one thousand eighty-seven and five tenths feet (1087.5[UNK]); thence south thirty-five degrees (35) eight minutes (8[UNK]) east a distance of three hundred thirty-nine feet (339[UNK]); thence south twenty-one degrees (21) three minutes (3[UNK]) east a distance of four hundred thirty-six feet (436[UNK]); thence south nine degrees (9) thirty-four minutes (34[UNK]) east a distance of six hundred five feet (605[UNK]); thence south fourteen degrees (14) fifty-seven minutes (57[UNK]) east a distance of four hundred fifty-one feet (451[UNK]); thence south three degrees (03) thirty-one minutes (31[UNK]) east a distance of five hundred ninety-one feet (591[UNK]); thence south fifteen degrees (15) seventeen minutes (17[UNK]) east a distance of five hundred ten feet (510[UNK]); thence south twenty-two degrees (22) eleven minutes (11[UNK]) west a distance of eighty-seven feet (87[UNK]); thence south thirty-eight degrees (38) twenty-five minutes (25[UNK]) east a distance of one hundred twenty feet (120[UNK]); thence south seven degrees (07) forty-three minutes (43[UNK]) east a distance of one hundred fifty-five feet (155[UNK]); thence south twenty-three degrees (23) forty-nine minutes (49[UNK]) east a distance of two hundred nineteen feet (219[UNK]); thence south twenty-eight degrees (28) five minutes (05[UNK]) west a distance of ninety-nine feet (99[UNK]); thence south thirty-one degrees (31) zero minutes (00[UNK]) east a distance of four hundred seventy-nine feet (479[UNK]); thence south fifty degrees (50) twenty-six minutes (26[UNK]) east a distance of three hundred twenty-one feet (321[UNK]); thence south zero degrees (00) twenty-eight minutes (28[UNK]) east a distance of three hundred eighty-one and six tenths feet (381.6[UNK]); thence south thirty-two degrees (32) forty-one minutes (41[UNK]) east a distance of three hundred thirty-three feet (333[UNK]); thence south two degrees (02) thirteen minutes (13[UNK]) east a distance of seven hundred three and three tenths feet (703.3[UNK]); thence south sixty four degrees (64) thirty-four minutes (34[UNK]) east a distance of three hundred seventy-four feet (374[UNK]); thence forty-seven degrees (47) forty minutes (40[UNK]) east a distance of two hundred fifty-three feet (253[UNK]); thence south two degrees (02) fifty-two minutes (52[UNK]) east a distance of three hundred thirty-seven and seven

Page 2357

tenths feet (337.7[UNK]); thence south forty-four degrees (44) fifty-seven minutes (57[UNK]) west a distance of two thousand three hundred two and nine tenths feet (2302.9[UNK]); thence north fifty-nine degrees (59) fifty minutes (50[UNK]) west a distance of five thousand three hundred forty-four feet (5344[UNK]); thence north forty-one degrees (41) fifty-six minutes (56[UNK]) west a distance of three hundred ninety-six and one tenth feet (396.1[UNK]); thence north three degrees (3) twenty-four minutes (24[UNK]) east a distance of seven hundred seventeen and one tenth feet (717.1[UNK]); thence north two degrees (02) six minutes (06[UNK]) west a distance of three hundred seventy-four and eight tenths feet (374.8[UNK]); thence north twenty-two degrees (22) fifty-five minutes (55[UNK]) west a distance of two hundred thirty-three and two tenths feet (233.2[UNK]); thence north forty-seven degrees (47) twenty two minutes (22[UNK]) west a distance of two hundred seven and four tenths feet (207.4[UNK]); thence seventy-six degrees (76) six minutes (06[UNK]) west a distance of four hundred eighty feet (480[UNK]); thence south eighty-five degrees (85) twenty-three minutes (23[UNK]) west a distance of three hundred ninety-seven feet (397[UNK]); thence south sixty-two degrees (62) thirty-four minutes (34[UNK]) west a distance of three hundred sixty-two and nine tenths feet (362.9[UNK]); thence north forty-six degrees (46) one minute (01[UNK]) west a distance of two thousand six hundred thirty-six and six tenths feet (2636.6[UNK]); thence north forty-four degrees (44) two minutes (02[UNK]) east a distance of two thousand nine hundred sixty-nine and nine tenths feet (2969.9[UNK]); thence north fifty-three degrees (53) forty-seven minutes (47[UNK]) west a distance of six thousand one hundred ninety-one and nine tenths feet (6191.9[UNK]); thence north forty-eight degrees (48[UNK]) forty-eight minutes (48[UNK]) east a distance of four thousand one hundred twenty-five and six tenths feet (4125.6[UNK]); thence south forty-five degrees (45) thirty-seven minutes (37[UNK]) east a distance of one thousand four hundred sixteen and one tenth feet (1416.1[UNK]); thence south forty-four degrees (44) twenty-three minutes (23[UNK]) west a distance of two hundred ten feet (210[UNK]); thence south forty-five degrees (45) thirty-seven minutes (37[UNK]) east a distance of three hundred fifteen feet (315[UNK]); thence north forty-four degrees (44) twenty-three minutes (23[UNK]) east a distance of two hundred ten feet (210[UNK]); thence south

Page 2358

forty-five degrees (45) thirty-seven minutes (37[UNK]) east a distance of one thousand four hundred sixteen and two tenths feet (1416.2[UNK]); thence south forty-five degrees (45) forty-one minutes (41[UNK]) east a distance of one thousand nine hundred sixty-five and seven tenths feet (1965.7[UNK]); thence south forty-six degrees (46) twenty-five minutes (25[UNK]) east a distance of nine hundred seventy-five feet (975[UNK]); thence north forty-four degrees (44) twenty-one minutes (21[UNK]) east a distance of seven hundred forty-four and nine tenths feet (744.9[UNK]); thence north two degrees (02) fifty-three minutes (53[UNK]) east a distance of seven hundred feet (700[UNK]); thence north five degrees (05) five minutes (05[UNK]) east a distance of two hundred fifty feet (250[UNK]); thence north seven degrees (07) thirty-eight minutes (38[UNK]) east a distance of two hundred fifty feet (250[UNK]); thence north nine degrees (09) fifty-five minutes (55[UNK]) east a distance of two hundred fifty-seven feet (257[UNK]); thence north ten degrees (10) twenty-eight minutes (28[UNK]) east a distance of three hundred twenty-nine and five tenths feet (329.5[UNK]); thence north thirteen degrees (13) forty-three minutes (43[UNK]) east a distance of two hundred forty-nine and four tenths feet (249.4[UNK]); thence north seventeen degrees (17) twenty-eight minutes (28[UNK]) east a distance of two hundred fifty-two and four tenths feet (252.4[UNK]); thence north twenty-one degrees (21) forty-two minutes (42[UNK]) east a distance of two hundred fifty-two and three tenths feet (252.3[UNK]); thence north twenty-four degrees (24) fifty-six minutes (56[UNK]) east a distance of eight hundred eighty-nine and one tenth feet (889.1[UNK]); thence north twenty-two degrees (22) fifty-three minutes (53[UNK]) east a distance of two hundred forty-nine and nine tenths feet (249.9[UNK]); thence north twenty degrees (20) twenty-eight minutes (28[UNK]) east a distance of two hundred forty-eight and five tenths feet (248.5[UNK]); thence north seventeen degrees (17) fifty minutes (50[UNK]) east a distance of two hundred forty-seven and four tenths feet (247.4[UNK]); thence north fifteen degrees (15) thirty-four minutes (34[UNK]) east a distance of two hundred forty and nine tenths feet (240.9[UNK]); thence north fourteen degrees (14) thirty-four minutes (34[UNK]) east a distance of six hundred eighty-nine and eight tenths feet (689.8[UNK]) to the point of beginning. Said town limits being more particularly described and delineated by a plat made

Page 2359

by John F. Baker, Registered Surveyor, dated February 20, 1971, and of record in Plat Book 7, page 75, in the Office of the Clerk of the Superior Court of Wilkinson County, Georgia. 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 1971 Session of the General Assembly of Georgia a Bill to amend the charter of The Town of Ivey, Georgia, the title of such Bill to be as follows: An Act to Amend an Act approved February 13, 1950, (Ga. L. 1950, p. 2337), entitled An Act to create and establish a charter for the Town of Ivey to declare the rights, powers, and privileges of said corporation and for other purposes, so as to clarify and make more definite the existing town limits of the Town of Ivey, Georgia; and for other purposes. This 16th day of December, 1970. /s/ Culver Kidd Senator, Baldwin, Hancock, Washington and Wilkinson County, Georgia /s/ J. Floyd Harrington /s/ Philip M. Chandler Representatives, Baldwin and Wilkinson County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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

Page 2360

Introduce Local Legislation was published in the Wilkinson County News which is the official organ of Wilkinson County, as provided by law. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 22nd day of February, 1971. /s/ Edna R. Pierce, Notary Public, Georgia State at Large. My Commission Expires Jan. 11, 1972. Approved March 30, 1971. CARROLL COUNTYORDINARY PLACED ON SALARY. No. 165 (Senate Bill No. 261). An Act to abolish the present mode of compensating the Ordinary of Carroll 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 Carroll County, known as the fee system, is hereby abolished, and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided.

Page 2361

Section 2 . The Ordinary shall receive an annual salary of $9,000, payable in equal monthly installments from county funds. 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. 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. He 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 said 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 to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. 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,

Page 2362

furnishings, furniture, utilities, uniforms, vehicles 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 Carroll County. Section 6 . This Act shall become effective January 1, 1973. 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 January 1971 session of the General Assembly of Georgia, Bill to change the compensation of the Clerk of Superior Court, Ordinary and Solicitor of the State Court of Carroll County from a fee to a salary system; and for other purposes. This 23rd day of December, 1970. /s/ J. E. Bohannon /s/ Lamar R. Plunkett /s/ John K. Patterson Georgia, Carroll County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Carroll County Georgian, legal organ for Carroll County. The following dates, to-wit: December 24, 1970; December 31, 1970; January 7, 14, 1971.

Page 2363

Sworn to on the 5th day of February 1971. /s/ Stanley Parkman Publisher Sworn to and subscribed before me, on the 5th day of February 1971. /s/ Beatrice M. Parker, Notary Public. Approved March 30, 1971. CARROLL COUNTYCLERK PLACED ON SALARY, ETC. No. 166 (Senate Bill No. 262). An Act to abolish the present mode of compensating the Clerk of the Superior Court of Carroll 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 Carroll 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 . The Clerk of the Superior Court shall receive an annual salary of $11,500, payable in equal monthly installments from county funds.

Page 2364

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 Clerk of the Superior Court 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. Section 4 . The Clerk of the Superior Court shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently discharge the official duties of his office. He 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 said 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 Clerk of the Superior Court, 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 5 . The necessary operating expenses of the Clerk of the Superior Court'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, furnishings, furniture, utilities, uniforms, vehicles and equipment, and the repair, replacement and maintenance

Page 2365

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 Carroll County. Section 6 . This Act shall become effective January 1, 1973. 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 January 1971 session of the General Assembly of Georgia, Bill to change the compensation of the Clerk of Superior Court, Ordinary and Solicitor of the State Court of Carroll County from a fee to a salary system; and for other purposes. This 23rd day of December, 1970. /s/ J. E. Bohannon /s/ Lamar R. Plunkett /s/ John K. Patterson Georgia, Carroll County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Carroll County Georgian, legal organ for Carroll County. The following dates, to-wit: December 24, 31, 1970; January 7, 14, 1971.

Page 2366

Sworn to on the 5th day of February, 1971. /s/ Stanley Parkman Publisher Sworn to and subscribed to before me, on the 5th day of February, 1971. /s/ Beatrice M. Parker Notary Public. Approved March 30, 1971. STATE COURT OF CARROLL COUNTYJUDGE'S COMPENSATION CHANGED, ETC. No. 167 (Senate Bill No. 264). An act to amend an Act establishing a City Court of Carrollton (now State Court of Carroll County), approved December 21, 1897 (Ga. L. 1897, p. 438), as amended, particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 2980), so as to change the compensation of the judge; to place the solicitor of said court on the salary system of compensation in lieu of the fee system; to provide that all fees, costs and other emoluments shall become the property of Carroll 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 establishing a City Court of Carrollton (now State Court of Carroll County), approved December 21, 1897 (Ga. L. 1897, p. 438), as amended, particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 2980), is hereby amended by striking section 4 in its entirety and by inserting in lieu thereof a new section 4 which shall read as follows:

Page 2367

Section 4. There shall be a judge of the State Court of Carroll County, to be elected by the people at an election held for that purpose, to be called by the Ordinary of said county, giving notice of said election in at least two newspapers published in said county for thirty days prior to the date of said election. All persons qualified to vote for members of the General Assembly shall be qualified to vote in said election to be held in the same manner as election for members of the General Assembly, the returns to be made to the Ordinary, and he shall consolidate the vote and declare the result. The term of office of said judge shall be for four years, and until his successors are elected and qualified. The judge of said city court shall receive a salary of eight thousand five hundred dollars ($8,500.00) per annum, to be paid monthly out of the treasury of said county. All vacancies for any unexpired term shall be filled by special election to be held for that purpose, to be called by the Ordinary of said county, to be held as other county elections. Section 2 . 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. It shall be the duty of the solicitor of the State Court of Carroll County to represent the State in all cases therein, and in all cases in the Supreme Court carried from said State court to which the State is a party. In case the solicitor of said State court cannot attend to the duties of the same, the judge thereof shall appoint some competent attorney to act as solicitor pro tem. The solicitor of said State court shall receive an annual salary of nine thousand dollars ($9,000.00), to be paid in equal monthly installments from funds of Carroll County. The solicitor 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

Page 2368

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 said officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. The solicitor of said State court, before entering upon the discharge of his duties, shall, in addition to the oath required of all civil officers, take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially, and without fear, favor or affection, discharge the duties of the office of solicitor of the State Court of Carroll County, so help me God.' Section 3 . This Act shall become effective January 1, 1973. 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 1970 session of the General Assembly of Georgia, a bill to amend the Act creating a City Court of Carrollton, now known as the State Court of Carroll County, as amended, so as to change the compensation of the judge of said court; to change the compensation of the sheriff, the clerk and the solicitor of said court from a fee to a salary basis; and for other purposes. This 23rd day of December, 1970. /s/ J. E. Bohannon /s/ Lamar R. Plunkett /s/ John K. Patterson Georgia, Carroll County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Carroll County Georgian, legal

Page 2369

organ for Carroll County. The following dates, to-wit: December 24, 31, 1970; January 7, 14, 1971. Sworn to on the 5th day of February, 1971. /s/ Stanley Parkman Publisher Sworn to and subscribed to before me, on the 5th day of February, 1971. /s/ Beatrice M. Parker, Notary Public. Approved March 30, 1971. BOARD OF COMMISSIONERS COMPENSATION (500,000 OR MORE). No. 168 (Senate Bill No. 274). An Act fixing the compensation of the board of commissioners of counties having a population in excess of 500,000, according to the 1970 United States Census, or any future census, and providing that the commissioners shall be authorized to fix the compensation of the chairman and commissioners within certain limitations; to provide an effective date; to repeal specific laws; 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 of counties of this State having a population of 500,000 or more, according to the United States Census of 1970, or any future census, shall be compensated in the amount not to exceed $13,000.00 per annum. The other members of said board shall be compensated in the amount not to exceed $12,000.00 per annum. The compensation of the chairman and members of said board shall be fixed within the limitations provided for herein upon a resolution being duly

Page 2370

adopted by the board fixing such compensation within such limitations, and recorded on the minutes of said board. Compensation payable hereunder shall be paid in equal monthly installments on the first day of each month out of the county treasury. Section 2 . This Act shall become effective when approved by the Governor or when it otherwise becomes law. Effective date. Section 3 . An Act fixing the compensation of the board of commissioners of counties having a population in excess of 500,000, according to the 1960 or any future United States Census, approved August 29, 1929 (Ga. L. 1929, p. 218), as amended, particularly by an Act approved April 21, 1967 (Ga. L. 1967, p. 3311), is hereby repealed in its entirety. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1971. TOWN OF McINTYRENEW CHARTER. No. 169 (Senate Bill No. 307). An Act to incorporate the Town of McIntyre, Georgia, and to grant a new Charter to said Town; to organize the municipal government thereof; to prescribe the corporate limits; to regulate the sale or lease of Town utilities, the grant of franchises, and the furnishing of certain practices; to provide for a mayor and aldermen 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 and authority of the officers and employees of the Town, and their compensation; to provide for the authority of the mayor and aldermen over said officers and employees; to create certain boards, commissioners, and departments and provide

Page 2371

for the creation and regulation of others; to prescribe the qualifications of electors and voters and the manner of holding elections in the Town; to provide for the registration of voters; to prescribe qualifications of candidates for municipal elections; to establish a recorder's court and provide for appointment of a recorder; to establish the jurisdiction, powers and duties of the recorder; to provide for public works improvements and the levy of assessments therefor; to provide for establishment of a fiscal year, a budget, and an annual audit of finances; 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 Town; to provide for the preservation of existing ordinances and laws not inconsistent with this Act 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 incorporating the Town of McIntyre, Wilkinson County, Georgia, approved August 15, 1910 (Ga. L. 1910, p. 928), as amended; to repeal certain other Acts affecting said Town; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I. GENERAL PROVISIONS Section 1-1. Incorporation: Name, Style and Designation . The Town of McIntyre, Wilkinson County, Georgia, shall be and is hereby incorporated as a Town under the name, style and designation of the Town of McIntyre, hereinafter referred to as the Town. Section 2-2. Town Constituted Body Corporate and Politic . From and after the passage of this Act, the municipal government of the Town of McIntyre shall constitute a body corporate, and be and in its name shall have perpetual succession, with power and authority to contract and be contracted with, to sue and be sued, to plead and be impleaded,

Page 2372

to have and use a common seal; in law or equity to purchase, have, hold and enjoy, receive, possess, and retain to the Town, through the mayor and aldermen and their successors in office, for the use and benefit of the Town of McIntyre, in perpetuity or for any term of years any estate or estates, real or personal, of every kind and nature within or without the corporate limits, for corporate purposes; to have and to hold all property now belonging to the Town, either in its name or the name of others, to the use of said Town for the purpose and intent for which the same was granted, dedicated or purchased; to use, manage and improve, sell, convey, rent or lease the same; and shall have like powers over property hereafter acquired, and shall succeed to all the rights and liabilities of the present corporation. The Town, through its mayor and aldermen, shall have power to borrow money and give evidences of indebtedness for the same; to use bonds from time to time, and to do and perform all and every act and acts necessary or incidental to raising of funds for the legitimate use of said Town. It shall have the right, power and authority, through its mayor and aldermen, to govern by such rules, laws, bylaws, regulations, ordinances or other orders as said Mayor and aldermen may deem proper, not in conflict with this Charter, the Constitution and laws of this State or of the United States. Section 1-3. Organization of Municipal Government; Legislative Power . The municipal government of said Town shall be vested in the mayor and five aldermen, who shall be elected at large and such other officers, employees, boards and commissions as the mayor and aldermen may see fit to elect and appoint as hereinafter provided. Said mayor and aldermen shall constitute the legislative department of said Town and, as such, shall have the full power and authority from time to time to make and establish rules, laws, ordinances, regulations and orders as may to them seem right and proper to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said Town and for preserving the peace, good order and dignity of said government.

Page 2373

Any enumeration of powers shall not be construed as restricted to said powers alone, but shall include all and every other thing and acts necessary or incident to municipal government and shall not conflict with any special power or authority given said government by this Charter or by any Act or Acts heretofore passed, but shall be construed as in addition to and in aid of such powers that are not repealed by this Charter. Section 1-4. Corporate Limits Defined . The corporate limits of the Town shall extend as follows: three-fourths ([UNK]) of a mile in all directions from the Town Hall located in said Town. Section 1-5. Contracts to Furnish Light and Water Outside the Town Limits . The mayor and aldermen of said Town, or the water and light commission, or either, shall have the right to make contracts with persons, firms or corporations residing beyond the limits to furnish them with street light and water, or either, whenever the same can be done without interfering with the efficient supply of light and water to the inhabitants of the Town. Section 1-6. Subpoena Power . The mayor and aldermen, recorder's court, all boards, commissions, committees or other agencies of the Town charged with the administration of the affairs of the Town (excluding individual officers, except those specially authorized by law or ordinance) shall have the power and authority to compel the attendance of witnesses and the production of relevant and admissible documents in proper cases, and failure or refusal of any person to attend as a witness or to produce pertinent documentary evidence within his possession, custody or control when notified or called upon to do so in a proper case, shall constitute a violation of this Section and punishable as such. Section 1-7. Personal Profit, Nepotism Prohibited in Town Offices . No officer or employee of the Town or member of a board or commission herein provided for shall be interested directly or indirectly in any contract made with the Town or receive any profit or emolument for any purchase or sale of material or other article sold to the Town,

Page 2374

or paid for out of the public revenues of the Town, and nepotism in any board or office is forbidden. ARTICLE II. MAYOR AND ALDERMEN Section 2-1. Mayor Constituted Chief Executive Officer of the Town; Function, Authority, Duties . The mayor shall be the chief executive officer of the Town and shall have general supervision over its affairs. He shall sign all deeds and contracts, except deeds made for property sold under execution at public sale, which shall be signed by the chief of police of the Town. He shall be clothed with veto power as hereinafter set out. It shall be his duty to see that the laws and ordinances of the Town are faithfully carried out and executed within the Town. He shall keep the board of aldermen advised from time to time of the general condition of the Town, and shall recommend such measures as he may deem necessary or expedient for the welfare of the Town. He shall preside over the meetings of the board of aldermen, and may call them together at any time when deemed necessary by him. He shall preside over the meetings of the board of aldermen and may vote in all elections for officers who are elected by the board and impeachment proceedings whether there be a tie or not. The mayor shall not vote upon any matter before the board of aldermen, except as heretofore set out, unless there be a tie vote. He may call the board of aldermen together at any time when deemed necessary by him. The mayor and two members of the council shall constitute a quorum for the transaction of business. Section 2-2. Vacancy in Office of Mayor or Aldermen . In the event the office of the mayor or any alderman shall become vacant by death, removal, disqualification, resignation or other cause, the mayor pro tem, or the aldermen, if both said offices shall be vacant, shall order an election of which at least ten days' written notice shall be given by publication in the official newspaper used for publication of legal notices and by posting the notice at three public places in said Town, to fill the vacancy or vacancies for the unexpired term or terms. Section 2-3. Oath of Office of Mayor and Aldermen .

Page 2375

Before entering upon the discharge of their respective offices, the mayor and aldermen shall each make and subscribe the following oath: I do solemnly swear that I will faithfully discharge all duties devolving on me as mayor (or alderman, as the case may be) of the Town of McIntyre during my continuance in office, according to the best of my ability and understanding, so help me God. The oath of the mayor shall be administered by the outgoing mayor or, in his absence or refusal to administer such oath, by the Town clerk. The oath of the aldermen shall be administered by the mayor. All of said oaths shall be entered upon the minutes of the Town. Section 2-4. Veto of Ordinances and Resolutions; Overriding Veto . Every ordinance and resolution passed by the board of aldermen shall be subject to veto by the mayor in the following manner: The mayor shall within three days write out his objections to such ordinance or resolution, and the board of aldermen, at the next regular meeting at which a quorum shall be present, shall order said objections entered on the minutes and vote on the question as to whether said ordinance, resolution or other action shall become adopted over said veto. Should as many as three aldermen vote in the affirmative, said resolution and ordinance shall stand affirmed and become effective without the approval of the mayor; otherwise not. The ayes and nays shall in all cases be entered on the minutes. Section 2-5. Provisions of Charter Constitute Defense for Acts of Mayor and Aldermen in Pursuance Thereof . The provisions of this Charter may be pleaded and shall be a defense to any action brought against the mayor and aldermen, or either, when the acts of the mayor and aldermen are in accordance with ordinances properly passed in pursuance thereof. Section 2-6. Penalty for Violation or Neglect of Duties of Office . Should the mayor or any member of the board of aldermen be guilty of malpractice in office, or willful

Page 2376

neglect of his office, or abuse of the powers conferred upon him or shall be guilty of any other act or acts of general conduct unbecoming an officer of the Town of McIntyre, he shall be impeached by the board of aldermen and upon conviction shall be removed from office. Section 2-7. Compliance with State and Federal Law, Required . The mayor and aldermen shall pass all ordinances and regulations for the government of said Town, the protection of life and property, the maintenance of public places and the protection of public health, provided the same are not repugnant to the Constitution and laws of the State or of the United States, and prescribe and enforce penalties for the violation of same. Section 2-8. Authority to Codify Ordinances; True Copy to be Competent Evidence . In addition to the powers conferred by other provisions of this Charter or by general law of the State of Georgia, the mayor and aldermen shall have the power and authority to provide for codification of all ordinances, rules or regulations of the Town and the adoption of such codification by ordinance. A copy of such codification, when certified by the Town clerk as being a true copy, shall be received in evidence in all courts of the State of Georgia. Section 2-9. General Powers . In addition to the powers conferred by other provisions of this charter, the mayor and aldermen shall have power and authority to remove or cause to be removed, all buildings, porches, steps, fences, or other obstructions or nuisances in public streets, lanes, alleys, sidewalks, squares, parks or other public ways in said Town. They shall have power to designate certain streets or places for the conduct of certain business; to regulate chicken houses, hog pens, slaughterhouses, blacksmith shops, tanneries, livery stables, forges, stoves and chimneys, mill ponds, oil mills, fertilizer plants, ginneries, fish ponds, warehouses, hacks, drays, automobiles, bicycles, motorcycles and other vehicles. They shall have power to fill up all open cellars or excavations in said Town, or cause to be removed all dilapidated or unsafe structures which they may consider

Page 2377

a nuisance or dangerous to the health or lives of the people of the Town; to abate, or cause to be removed, anything that constitutes a nuisance or is injurious or deleterious to the health or lives of the people of the Town. They shall also have the right to condemn property for public purposes, as provided by the laws of this State. Section 2-10. Zoning Powers . The mayor and aldermen, in the interest of the public health, safety, order, convenience, comfort, prosperity, and general welfare, shall have the power to adopt by ordinance a plan or plans for the districting or zoning of the Town to regulate the location, height, bulk number of stores and size of buildings and other structures, the percentage of lot which may be occupied, the size of yards, courts and other open spaces, the density and distribution of population and the uses of building, structures and land for trade, industry, residence, reccreation, agriculture, forestry, conservation, water supply, sanitation, protection against floods, public activities, and other purposes. Such plan and the regulations adopted thereunder shall be made with reasonable consideration of the character of the district and its peculiar suitability for particular uses, and with a view to promoting desirable living and working conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, conserving the value of buildings and property, and encouraging the most appropriate use of land and of buildings and structures throughout the Town. The Town may be divided into such number of zones or districts and such districts may be of such shape and areas as the mayor and aldermen shall deem best suited to accomplish the purpose of the regulations. In the determinations and establishment of districts and regulations, classification may be based upon the nature or character of the trade, industry, or other activity conducted or to be conducted on the premises; the number of persons, families or other group units to reside in or use buildings; the public, quasi-public or private nature of the use of premises; or upon any other basis or bases relevant to the purposes of the regulations.

Page 2378

The mayor and aldermen may provide by ordinance for a zoning commission composed of not more than five members, to be selected by the mayor and aldermen, prescribe its powers and duties, and provide for a method of appeal from the findings of said zoning commission. Said mayor and aldermen may also create a board of zoning appeals composed of not more than five members to be selected by the mayor and aldermen, which shall hear appeals from the findings of the zoning commission, and prescribe its power and duties and provide for the right of certiorari from said board of zoning appeals to the Superior Court of Wilkinson County. Section 2-11. Sanitary Regulations; Enactment, Scope, Enforcement; Right of Entry to Inspect, Condemn Property . The mayor and board of aldermen shall have power and authority over, and absolute control of, all pipes, sewers and private drains in said Town, and power and authority to prescribe their location, structure, use and preservation and to make such regulations concerning them in all particulars as may seem best. They shall have power and authority to prescribe the kind of water closets, urinals or other receptacles or drains for water or other fluids or substances to be used within the Town, and to condemn and destroy any water closet, urinal or other receptacle or drain now in use or hereinafter to be constructed and put in use, which does not conform to and is not of the kind prescribed for use by the ordinances and rules of the Town, and which may be detrimental to the health of the Town. They shall also have power and authority to compel all property owners to connect water closets and urinals, or other receptacles or drains, on the premises of the said property owners, with the sanitary sewers of said Town under such rules and regulations as may be prescribed. If such property owner shall fail to connect any water closet, urinal or other receptacles or drains as aforesaid, within the time and in the manner prescribed, then the Town may cause said work to be done and connections to be made and provide all necessary material therefor and assess the costs of the same

Page 2379

against the property owner and the property so improved, which assessment shall be a first lien on said real estate, superior to all other liens except liens for taxes. The Town clerk shall levy the same on the said real estate in the same manner as sheriffs' sales under judgment and execution. The officer making said sale shall execute, to the purchaser, a deed to the property so sold, which shall pass the title thereto as fully and completely as sheriffs' deeds under sale made by judgment and execution, and shall proceed at once to dispossess the owner thereof and put the purchaser summarily in possession. The Town shall arrest and prosecute the owners of said property before the recorder's court of the Town for maintaining a nuisance, in connection with which the Town shall have the right, power, and authority to enter upon the premises of anyone, after notice, to inspect the connections and fixtures necessary to connect the same with the sanitary sewers of the Town, without being deemed a trespasser or becoming responsible as such to the owner or tenant. Section 2-12. Regulation of Drainage; Enforcement by Execution . The mayor and aldermen shall have the power to cause the owner or owners of lots within the Town to drain the same or to fill the same to the level of the streets or alleys on which said lots abut; to cause the owner or owners of cellars holding water to cause the same to be drained thereof or filled up if necessary; to compel property owners to make proper drain pipes to storm sewers and gutters or other street waterways, and to pass such ordinances regulating the same as they may deem necessary. Whenever the owner of any such property shall refuse or fail, after a reasonable notice to him or his agent, or to the tenant in possession of said premises to comply with the requirements of said mayor and aldermen within the period prescribed for such notice, it shall be lawful for the Town to cause the same to be done at the owner's expense, and for the amount so expended, the clerk of the Town shall issue an execution against said owner to be collected from said property belonging to him, and a sale under said execution

Page 2380

by the Town clerk shall pass title to the property as fully and completely as a sale by the sheriff under judgment and execution. Section 2-13. Laying Out, Vacating, Paving, Maintaining and Improving Public Streets and Ways . (a) The mayor and aldermen of the Town of McIntyre shall have the power and authority to open, lay out, widen, straighten or otherwise change the streets, avenues, alleys, sidewalks, crossings or other passageways of said Town, and shall have the power to vacate, close up, open, alter, grade and fill, curb, pave, drain, and repair the same. They shall have power and authority to prescribe such rules and regulations for laying out, constructing and maintaining the same and the power of curbing and paving of all squares, triangles and intersections of said Town; they shall prescribe the kind of material to be used in construction, and shall fix the time when notice shall be given and when the work shall be completed, shall supervise the construction of the same and reject any work not performed in compliance with such prescribed regulations. They shall have power and authority to require any street, avenue, alley, sidewalk, street crossing and railroad crossings, or other passageways to be paved in such manner and with such material as they may determine by resolution or ordinance. Not more than one-third of the expense of paving streets shall be borne by the Town and the other two-thirds of such expense by the abutting property owners in just proportion to the foot frontage of their property therein, unless otherwise decided by the mayor and aldermen. (b) Whenever the mayor and aldermen shall deem it proper to pave or improve any of the streets, lanes or alleys of said Town, they shall have a survey made and plans and specifications and estimates of the cost of the improvements contemplated, and shall establish the grades of the streets to be improved and locate the sewers and water mains therein. (c) Upon the completion of the paving of one or more streets, alleys, or lanes, or upon the completion of one or

Page 2381

more sections of pavement between the same, the mayor and aldermen shall ascertain the proportionate cost of such pavement, including street intersections, headers, curbing and intakes, with or without including sidewalks, and with or without including such sewers as they may construct in connection with said paving, chargeable to abutting property owners or other persons using or occupying said streets, and shall cause its clerk to give written notice of the result thereof to such abutting owners or other persons using or occupying said streets, and shall cause its clerk to give written notice of the result thereof to such abutting owners or other persons setting forth the amount of assessments which shall be immediately due and payable. A copy of said notice shall be served on the owner or occupant thereof by any officer of the Town and return thereof made upon the original, which original shall be kept in the clerk's office and recorded upon the minutes together with the entry of service thereon, and the Town shall proceed immediately to collect the amount set out in said notice and pay the money over to the Town treasurer to be paid out to contractors or transferees for material or work on account of such pavement. (d) A special lien shall be created on and against the land of abutting owners, and on and against the land of other persons for paving assessments made against them, and on failure to pay the full amount of such assessment in cash within thirty days after the service of such notice, the mayor and aldermen shall, by the clerk, cause execution to be issued against such abutting owners or other for the amount of such assessments, bearing seven per cent interest from the date of such notice. (e) All executions to be issued under this Section shall be levied and collected as tax executions in favor of said Town are levied and collected. (f) Should any abutting property owner, or other person desire to contest the amount of any owner, or other person or the legality of any proceeding growing out of or connected with paving a street of the Town, he may do so by filing with the levying officer an affidavit of illegality,

Page 2382

and stating therein the cause of such illegality and the amount which he admits to be due, which amount shall be paid to the levying officer before the affidavit shall be received. The affidavit shall be returned to the Superior Court of Wilkinson County and there tried and determined as in other cases of illegality, subject to the penalties provided as in cases of illegality filed for delay. Section 2-14. Street Paving; Registration; Taxation . The mayor and aldermen of said Town shall pass all ordinances necessary to effect the purposes and intent of Section 2-13 as are deemed to be in the best interest of the Town and which shall not be in conflict with the Constitution and laws of the State of Georgia. The mayor and aldermen of the Town may levy and collect any additional ad valorem tax, or a special street tax, upon all property, real or personal, within the Town limits for the purpose of paying the Town's share of the paving expenses referred to in Section 2-13, which said tax shall be collected in the same manner as is provided elsewhere in this Charter for the enforcement and collection of taxes. Section 2-15. Granting of Franchises . The mayor and aldermen of said Town shall have the power to grant franchises, easements and rights-of-way over, in, under and on the public streets on such terms and conditions as they may fix. They may contract with any other public or private corporation regarding the furnishing of water, electric current, gas, garbage collection or other public service, to said Town by said other corporation, or regarding the furnishing of water, electric current, gas or other public service, by the Town to such public or private corporation. Provided, the said mayor and aldermen, shall not grant any franchise, easement or authority to any person, public or private corporation to own, operate, or maintain any public utility in competition to any public utility owned by said Town within said Town. Section 2-16. Exercising Eminent Domain . The mayor and aldermen are authorized and empowered to condemn land within the corporate limits of said Town for any municipal

Page 2383

uses or purposes, which includes the erection of public buildings for said Town, for public parks, playgrounds, water supply, sewers, forms for handling and disposing of sewerage, garbage or trash, and for any other public purpose and improvements. 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. When it is necessary for the Town to exercise the power of eminent domain, the same shall be exercised under the provisions of the general laws of this State relative to eminent domain. Section 2-17. Handling Alcoholic Beverage . The mayor and aldermen shall have the power and authority by ordinance to prohibit, regulate or license the sale, possession, distribution, manufacture or consumption of spirituous, vinous, malt or intoxicating liquors within the Town, and may abate violations of such ordinances as nuisances. The policemen of the Town shall have the authority to enter and, if necessary, to break open and enter any premises in the Town which the mayor and aldermen may have reasonable cause to believe, or may suspect to be, a place where spirituous, vinous, malt or intoxicating liquors are sold, possessed, distributed, manufactured or consumed in violation of law or of any ordinance of the Town and to seize the stock thereof and any machinery, equipment, or apparatus used in connection therewith. Upon conviction of any person for maintaining a nuisance, as above stated, and as a punishment for same the mayor and aldermen shall be empowered to cause the police department of the Town to destroy the stock of liquors so seized and the machinery, equipment or apparatus used in connection therewith, in addition to any other penalty which may be imposed upon the offender for violation of the laws of the Town. Section 2-18. Suppression of Crime; Recorder's Court . The mayor and aldermen of the Town of McIntyre shall have the power and authority to pass all laws and ordinances, rules and regulations necessary and proper to secure the

Page 2384

efficient and successful administration of the business of the recorder's court, and all other ordinances that they may deem necessary to preserve order and to suppress crime, not in conflict with the Constitution and the laws of the State of Georgia. Section 2-19. Guardhouse; Establishment Authorized; Purpose . The mayor and aldermen shall have authority to establish a guardhouse or prison, and provide regulations for the same in which to confine for punishment, when necessary, persons sentenced by the recorder for violating any Town law or ordinance, or any penal section of this Charter, and for the detention of all persons committing or attempting to commit crimes; and any policemen of the Town shall have the right to confine such persons in the guardhouse to await their trial. Section 2-20. Workgangs Authorized . The mayor and aldermen of the Town of McIntyre shall have power to organize one or more workgangs and confine therein persons who have been sentenced by the recorder's court of the Town of McIntyre, to work upon the streets or public works of said Town and shall have the power to make rules and regulations that may be suitable or necessary for the care, management or control of such workgang, and to enforce same through its proper officer. Section 2-21. Regulations of Animals at Large . The mayor and aldermen shall have the power and authority to prevent animals from running at large and to take up and impound any animal found at large within the Town, to provide for the redemption of or sale of the same, and to enact such laws and ordinances as are necessary to carry out the provisions of this Section. Section 2-22. Keeping of Combustibles and Explosives; Erection of Buildings . The mayor and aldermen shall have power to regulate the keeping of gunpowder, gasoline and other combustibles and explosives, to make regulations for guarding against fires, and to fix and establish fire limits and from time to time to change, enlarge or restrict the same; to regulate the kinds of buildings to be erected, and

Page 2385

the material and construction thereof; and to grant or refuse permits of all kinds of buildings and other structures to be erected in said Town. Section 2-23. Places of Worship and Burial; Regulation of Interments . The mayor and aldermen shall have power and authority to protect places of worship, and to provide places for burial and regulate interments. Section 2-24. Authorized to License Vehicles . The mayor and aldermen shall have power and authority to license or regulate, by Town ordinance, all motor vehicles owned and operated by residents of the Town of McIntyre, and to charge a reasonable fee for said license. ARTICLE III. TOWN OFFICERS, EMPLOYEES AND BOARDS . Section 3-1. Mayor Pro Tem; Selection . The mayor and aldermen shall elect at their annual organizational meeting, a mayor pro tem from the aldermen, whose duty it shall be to act in all cases as the mayor in the absence, disqualification or sickness of the mayor, during which time he shall be clothed with all necessary powers of the mayor. Section 3-2. Town Clerk; Treasurer; Terms of Office; Compensation; Consolidation of Offices of Town Clerk and Treasurer . The Town clerk and the treasurer shall be appointed by the mayor and aldermen at their annual organizational meeting, and their term of office shall be for a term of one (1) year and until their successors are appointed and qualified. The mayor and aldermen shall have power to fix the salary of the Town clerk and treasurer, and may also have the power to combine the offices of the clerk and treasurer, or may, in their discretion, elect one person to fill both offices. Section 3-3. Same; Removal . Any of the officers in section 3-2 may be removed at any time by a majority vote of the mayor and aldermen for neglect of duty, incapacity or

Page 2386

malfeasance in office. Said officers shall be governed by such rules and regulations as may be prescribed by the mayor and aldermen and which are not inconsistent with this Charter. The mayor shall have the authority to suspend any officer temporarily, in his discretion, until the next regular meeting of the mayor and aldermen, when such officer shall be given a trial. Section 3-4. SameOath; Duties of Town Clerk and Treasurer . The Town clerk and treasurer of the Town of McIntyre shall take and subscribe an oath before the mayor that they will, to the best of their ability, faithfully perform the duties of their office, without favor or partiality. The Town clerk shall be the clerk of the board of aldermen; shall attend all meetings of the mayor and aldermen and the recorder's court and keep the minutes, books and files of each; shall collect all fines, taxes and other money due the Town; shall attend to the issuance of all licenses and permits; shall sign and issue all executions and other writs and processes for the collection of taxes due the Town, and shall perform such other duties as may be required of him by the mayor and aldermen. He shall also attend all meetings of the board of health of said Town, if instructed to do so by the mayor and aldermen, and keep the minutes, books and files of the same. The duties required herein to be performed for the board of health may be performed by a representative designated by the Town clerk. It shall be the duty of the treasurer to receive and disburse all monies of the Town, upon proper orders, and he shall make itemized reports of all receipts and disbursements and submit the same to the mayor and aldermen whenever called upon by them to do so. Section 3-5. Police Force Constituted; Terms; Removal From Office; Compensation; Powers and Duties . There shall be a police department of the said Town which shall consist of a chief of police and such other officers and men as the mayor and alderman may prescribe. The chief of police and such other officers shall be appointed by the mayor and aldermen at their first regular meeting in January, 1972,

Page 2387

and their term of office shall be for a term of two years and until their successors are appointed and qualified. All future successors, except as hereafter provided, shall serve for a term of two years. The chief and the officers of the police department may be discharged or suspended at any time by the mayor and aldermen, after trial, for neglect of duty, incapacity, conduct unbecoming an officer or other like offense, when in their judgment it is best for the good of the department or the interest of the Town. The mayor and aldermen shall have power to fix the salaries of the members of the police department. The chief and the officers of the police department shall preserve the peace of the Town and shall have power and authority to arrest all persons within said Town guilty or charged with violating any of the laws of the State or laws and ordinances of the Town and all persons committing or attempting to commit any crime against the laws of the State or ordinances of the Town. They shall have the power and authority to confine all persons arrested in the Town prison or in the common jail of Wilkinson County and bring them before the recorder's court for trial or commitment; provided, however, that all persons desiring to give bail for their appearance before the recorder's court in bailable cases, shall be allowed to do so. Section 3-6. Chief of Police; Vacancy in Office . In case of death, resignation or removal from office of the chief of police, the mayor, or in his absence the mayor pro tem, and in his absence the board of aldermen shall appoint some person to perform the duties of the chief of police until the next regular meeting of the aldermen, when the mayor and aldermen shall elect a successor to fill the unexpired term. Section 3-7. Fire Department Constituted; Selection, Duties, Terms of Personnel; Rules, Regulations . There shall be a fire department, which shall consist of a chief and other officers and men thereof, who shall be selected by the mayor and aldermen and whose duties shall be prescribed by said mayor and aldermen. The mayor and aldermen shall have power to suspend or remove any of the members thereof whenever they shall deem it necessary or proper

Page 2388

for the well being and efficiency of the department. The mayor and aldermen shall have power to fix all rules and regulations for the general government and management of the department and fix the salaries of the members thereof. The members of the fire department shall be elected to serve for an indefinite term; however, they may be discharged or suspended at any time by the mayor and aldermen, after trial, as provided for police officers. Section 3-8. Town Attorney; Terms, Duties, Compensation . The office of the Town attorney is hereby created and established. Said attorney shall be elected by the mayor and aldermen of said Town and shall hold his office for a term of one year and until his successor is elected and qualified. His duties shall be prescribed from time to time by the mayor and aldermen. He shall represent the interest of the Town in all courts, and shall attend the sessions of the mayor and aldermen when they request. His salary or compensation for any service shall be fixed by the mayor and board of aldermen. Section 3-9. Selection of Officers and Employees . In addition to the officers, employees and boards provided for in this Charter, the mayor and aldermen shall have power and authority to elect or appoint, for such time as in their judgment may seem best, such officers, agents, superintendents, maintenance men, street overseers, draftsmen or other personnel for the carrying out of the provisions of this Charter and the functioning of the government of the Town of McIntyre and to prescribe their duties and fix their compensation. Section 3-10. Salaries of Officers, Employees . The mayor, aldermen, and other officers and employees of the Town shall be paid such salaries for their services as may be fixed each year by the mayor and aldermen to apply to the ensuing fiscal year; provided, however, that the salaries payable to the mayor and aldermen shall not be increased or diminished during the year. Section 3-11. Retirement Pensions; Eligibility; Amount . The mayor and aldermen shall have the authority to provide

Page 2389

that any officer or employee of the Town of McIntyre who has been employed by said Town for thirty (30) years or longer may retire from his present position of employment upon thirty (30) days' notice of such action to the clerk of said Town and will be entitled to a retirement pension, payable monthly from the general funds of said Town, in the amount of sixty percent (60%) of the highest monthly pay he received during his employment by said Town. Section 3-12. Board of Health; Constituted; Membership, Compensation; Powers . The mayor and aldermen shall have the authority to constitute a board of health for said Town, to consist of the mayor, one licensed physician, and one citizen to be appointed by the mayor, whose appointment shall be confirmed by the board of aldermen. Said members shall hold office for one year and until their successors are appointed and qualified. The citizens appointed on said board of health shall hold no other municipal office during their terms as a member of the board of health. The mayor and board of aldermen shall appoint such other citizen to serve on the said board of health as they may deem necessary. The mayor and board of aldermen shall prescribe rules and regulations for said board, shall prescribe the duties of the members and the times they shall meet, and shall fix the salaries of the members who shall be appointed to said board, but the mayor shall serve on said board for no additional salary. Said board shall have full power to institute and enforce all sanitary measures necessary to the preservation of the public health and likewise for the prevention of infectious and contagious diseases of all kinds. They shall likewise exercise absolute power over the subject of quarantine, and from time to time recommend to the mayor and aldermen the passage of such ordinances, rules and regulations for the general health and sanitary betterment of the Town as they may deem necessary for the good health of the Town. They shall also have power to inspect foods, milk, fruit and other things sold in said Town, and report to the mayor and aldermen all persons selling any impure articles, and the mayor and aldermen shall provide a penalty for all persons

Page 2390

so offending. The said board of health shall look after the general sanitary condition of the Town and shall report any nuisance likely to endanger the health of said Town, or any neighborhood or place, and the mayor and aldermen upon the advice of the board of health shall enforce all sanitary rules and regulations, shall abate all nuisance and enforce all ordinances for the general health of the Town, and prescribe penalties for violation of the same. Section 3-13. Establishment of Park Commission . The mayor and aldermen shall have the power and authority to appoint a park commission and shall prescribe the manner of election, terms of office, duties and compensation of the same. Section 3-14. Public Library; Board of Trustees, Appropriations, Reports . The mayor and board of aldermen shall have the power and authority to appropriate from year to year such sums of money for the support of the public library as they may deem best for the interest of the Town. Said library shall be managed and controlled by the board of trustees to be selected by the mayor and board of aldermen, and to consist of such number of citizens as the mayor and board of aldermen shall determine. The trustees shall be elected for a term of one year, and shall be elected by the mayor and aldermen at the organizational meeting each fiscal year. The sum of money appropriated, together with all other appropriations for the support of the library, shall be turned over to, and shall be disbursed by, said board of trustees, who shall render a full and accurate statement to the mayor and board of aldermen quarterly, showing the purpose for which said funds have been expended. The Town clerk shall be the disbursing medium for the board of trustees, keeping a record of same. Section 3-15. Public Works System; Boards of Commissioners; Membership, Terms, Compensation; Powers; Duties . The mayor and aldermen shall have the power to establish by ordinance a board or boards of commissioners for the operation, maintenance, regulation, acquisition, extension or improvement of gas, water or light plants, or any other system or systems of public works of the same or similar

Page 2391

nature, which the Town, may now or at any time hereafter own or operate. The Town may establish one such board to operate more than one or all such public works system or systems. Said board or boards when so established shall each consist of at least three members, none of whom shall be the mayor or any aldermen, who shall be elected for one year and until their successors are elected and qualified. The manner of election shall be prescribed by ordinance, provided the commissioners are freeholders of the Town of McIntyre. All vacancies shall be filled by appointment by the mayor and aldermen for the balance of the unexpired term. When created, said board or boards shall be vested with power and authority to maintain, extend, improve, modify and operate the system of waterworks now in operation or hereafter acquired, extended or improved, or any gas, light or water system or other system of public works of the same or similar nature now or hereafter owned or operated by the Town, or acquired, extended, or improved, or any light contract or other contract existing between the Town and any company for the furnishing to the Town of light, natural gas, power or other public works; to establish, equip, maintain, modify, extend, improve and operate a system of drains and sewers for the Town; to appoint superintendents and other employees, and remove the same when necessary; to purchase, rent, lease and sell real estate and any apparatus, machinery and all other things necessary to the conduct of said public works systems, and hold title to the same for the Town; to collect, receive and disburse all monies arising from the sale of bonds issued for the acquisition, extension, enlargement, and improvement of such plant or plants, and all revenues derived therefrom; to make such bylaws, rules and regulations for their own government and the government of their employees as they deem necessary, not in conflict with this Charter. Said board or boards shall make a quarterly report in writing, to the mayor and aldermen, showing the amount of money received and the source thereof, and the amount

Page 2392

disbursed thereof, together with vouchers for the same, and shall furnish an accurate estimate of the amount of money required for the ensuing year. Said board or boards shall elect a clerk and fix his compensation, such compensation to be approved by the mayor and aldermen. The members of said board or boards shall receive for their services such compensation as the mayor and aldermen shall prescribe, which compensation shall not be diminished or increased during the terms of office of said members. The mayor and aldermen shall have the authority to enact all ordinances necessary to effect the purpose and intent of this Section. The mayor and aldermen shall maintain and operate any and all systems of public works as heretofore, until the board or boards authorized herein, are created. ARTICLE IV. ELECTIONS Section 4-1. Registration of Voters; Registration Books . It shall be the duty of the Town clerk to provide suitable permanent books for the permanent registration of the qualified voters of said Town for any and all elections held in said Town, of every kind and character and for all purposes; within ten days after registration books are provided, as herein required, the Town clerk shall open the said registration books for the registration of the qualified voters of the said Town, and shall cause to be published in the first issue of the newspaper in which sheriff's advertisements are published for Wilkinson County, after the opening of the books, notice that the books are open for the registration of the qualified voters of said Town. The books shall be kept open for the registration of voters at the Town Hall or such other place designated by the mayor and aldermen at all times during office hours, except Sundays and legal holidays and except as herein otherwise provided. Section 4-2. Close of Voter Registration Books . Voter registration books shall be closed at 5:00 p.m. twenty (20) days before the election to be held for mayor and aldermen and/or for aldermen as herein provided, and shall remain

Page 2393

closed until after said general election for a period of two full weeks exclusive of the week in which the election is held. During the period the books are required to be closed by this Section, no person shall be permitted to register. Section 4-3. Qualifications of Voters . All persons who have been bona fide residents of the Town for six months before the day of election and who, before registering as hereinafter required, shall have been duly registered, as hereinafter provided, and who shall be qualified to vote for members of the General Assembly, shall be qualified electors. Section 4-4. Duty of Clerk to Register Qualified Voter; Oath of Registrant . It shall be the duty of the clerk, upon application in person and not by proxy, of any person who is qualified to vote for members of the General Assembly, and who upon the day of election, if then a resident and will have resided in said Town for six months prior thereto, to register the name of such person, recording on said list besides the applicant's name, his age, occupation or business and the locality in the Town where he resides. Said clerk shall not knowingly permit anyone to register who is not lawfully entitled to do so, nor refuse anyone who is entitled to register, and shall administer to him the following oath: You do solemnly swear that you are a citizen of the United States; that you have resided in Georgia for twelve months, in this county for six months, and in this Town for six months next preceding this registration, or that by the vote of the next Town election, if still a resident of this Town you will have fulfilled these conditions; that it is your intention to remain a resident of this Town until the day of election; and that you are eighteen years old, so help you God. Section 4-5. Appeal from Denial of Right to Register to Vote; Inspection of Registration Books; Purge of Voting List . There may be an appeal from the decision of the clerk or registrar as to the right of a person to register, to a committee of three freeholders previously appointed by the

Page 2394

mayor and aldermen for that purpose, whose decision shall be final. All appeals shall be made, heard and determined within five days from the time the appeal shall be filed. After all appeals are decided, it shall be the duty of the clerk or registrar to make a correct list of the registered voters and furnish the managers of election a certified copy of same. The registration books shall be open to the inspection of the public at all times during office hours. The clerk shall furnish a committee appointed by the mayor and aldermen a list of the registered voters, which they shall proceed to purge in the following manner: They shall examine the lists and make a separate list of names of all persons thereon who have died or who have removed from said Town since registering and all who are otherwise disqualified and shall make the list. List of Disqualified Registered Names. Said list shall be posted in the vestibule of the Town Hall or county courthouse at least five days before the date set for hearing of those who desire to show cause why their names should not be stricken from the registration books, which said date shall be fixed by said committee and notice thereof set out on said list so posted in the Town Hall or county courthouse. Section 4-6. Vote Registration Constitutes Permanent Record . The registration book or books made up as hereinbefore provided shall constitute a permanent record of all persons who become legally registered, until they become disqualified to vote in the Town of McIntyre under the requirements of the Charter of said Town. After any person registered, as herein provided, becomes disqualified, he shall no longer be considered registered, until such person registers again after the disqualification is removed. Section 4-7. List of Voters to be Furnished to Election Managers . It shall be the duty of the clerk or registrar to furnish the managers of elections, at or before opening of the polls on the day of election, with a complete list of the registered voters, arranged in alphabetical order, certified

Page 2395

to under the hand of the clerk or registrar and the corporate seal of the Town. Section 4-8. Management of Elections; Hours; Polling Places . Elections shall be conducted under the management of three freeholders, who are residents of said Town and not candidates in said election, appointed as managers by the mayor and aldermen. Said managers shall conduct elections as near practicable as elections for members of the General Assembly are conducted. The polls at elections shall be open at 7:00 a.m. and close at 7:00 p.m. The mayor and aldermen may designate two or more voting places, if occasion should require, and may appoint three freeholders as managers of each. Section 4-9. Oath of Elections Managers . Election managers shall, before proceeding with an election, take and subscribe the following oath: All and each of us to swear that we are qualified by being freeholders to hold this election; that we will make a just and true return thereof, and not knowingly prohibit anyone from voting who is entitled; and that we will not knowingly divulge for whom any vote was cast, unless called upon under the law to do so. So help us God. The Town clerk or registrar shall administer the oath. Section 4-10. Affidavit of Election Managers; Issuance of Certificates of Election; Disposition of Ballots and Ballot Boxes . The affidavit of oath shall be signed by each election manager in the capacity in which he acts and subscribed before some officer authorized to administer oaths, if any such be present, and if no such officer be present, said oath shall be made and subscribed by each manager in the presence of the others. The managers of said election shall proceed to count out the ballots, declare the result and issue certificates of election to the mayor-elect and aldermen-elect; provided, however, that said certificates of election and the results of said election shall not be issued

Page 2396

by the managers until after the expiration of five days from the election. It shall be the duty of the managers at any election held under the provisions hereof, after the ballots have been counted and the results have been ascertained, to replace all the ballots in the ballot boxes, together with a list of the voters and tally sheets, and seal the same and deposit the same with the clerk of the Superior Court of the County of Wilkinson, who shall preserve the same and deliver it only as herein provided. The certificates thus issued as herein provided shall be sufficient authority to the persons so elected to enter upon the discharge of their official duties, after qualification as hereinafter provided. Section 4-11. Record of Certificates of Election of Mayor and Aldermen; Tally Sheets . The managers of each election, in addition to their duty to issue to the newly elected mayor and each of the newly elected aldermen a certificate of election, shall certify the result of the election to the acting board of aldermen, which last certificate shall be entered upon the records of said mayor and aldermen. Said managers shall also furnish the mayor and aldermen one of the tally sheets of said election, certified to by them as being correct. Section 4-12. Contest of Election; Allowance of Clerk's Service . In the event anyone desires to contest any election had in said Town, said contest shall be conducted under the rules and regulations now prescribed by law, and it shall be the duty of the clerk of the Superior Court to produce the ballot box and deliver it to the Ordinary of Wilkinson County who shall take evidence in said case. The said clerk shall produce said box and said contents at the time and place fixed for taking testimony in said contest, and whenever he may be required to produce said box and its contents on account of said contested election, he shall be allowed five dollars for such services, to be paid from the treasury of said Town.

Page 2397

Section 4-13. Withholding Certificate of Election . In the event a contest for any office is instituted, the certificate of election shall not be delivered by the managers of said election until the contest is heard and determined, as required by law. It shall be the duty of the officers in commission at the time said election is held to continue to discharge the duties of their offices until said contest is heard and determined. Section 4-14. Eligibility to Hold Town Office . No person shall be eligible to hold the office of mayor or alderman in said Town unless he is twenty-five years old, a qualified elector of the Town of McIntyre, a freeholder in said Town, and shall have resided in the Town for a period of six months immediately preceding his election. Section 4-15. Candidates for Mayor or Aldermen; Statement, Certificate Required; Time of Election; Filing Fee . An election shall be held on the first Saturday in October, 1971, for the purpose of electing five aldermen. Every person desiring to become a candidate for either the office of mayor or for the office of aldermen of the said Town of McIntyre shall file or cause to be filed with the clerk of the Town of McIntyre, not later than twenty (20) days before the general election, which election shall be held on the first Saturday in October, biennially, a statement of his or her candidacy, reciting that he is offering for mayor or as alderman. The candidate shall further file with the clerk of the Town of McIntyre a certificate sworn to by him that he is qualified to fill the office to which he seeks election. All candidates for the office of mayor or for the office of alderman shall be elected by the voters of the Town at large, and a candidate for mayor must attain a majority of the votes cast in any election to be elected. In instances where 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, on the fourteenth day after the day of holding the first election. The candidate receiving a majority of the votes cast in such runoff election shall be declared the winner. The five candidates for the office of aldermen receiving the highest number of votes shall

Page 2398

be elected as aldermen. The mayor and aldermen first elected shall take office on January 1, 1972. Each candidate for mayor shall pay a filing fee of ten dollars when filing the statement of candidacy and certificate; each certificate for alderman shall pay a filing fee of five dollars. ARTICLE V. RECORDER'S COURT Section 5-1. Recorder's Court Created, Presiding Officer . There is hereby created a recorder's court for the trial of the offenses and offenders against the laws and ordinances of the Town of McIntyre, such court to be called the recorder's court, to be presided over by the mayor of the Town of McIntyre. However, if the mayor and aldermen deem it to the best interest of the Town to do so; they shall appoint a Town recorder for said court, and when so appointed and qualified as hereinafter provided, he shall have full authority as judge of said court for the administration of its affairs. His salary shall be fixed by the mayor and aldermen, and he shall take such oath as may be prescribed by the the mayor and aldermen, and shall be subject to removal, with or without any stated cause, upon a majority vote by the mayor and aldermen. Any vacancy in the office of Town recorder, by reason of death, resignation, removal or other reason, shall be filled by appointment of the mayor and aldermen. In case of his disqualification or absence the mayor or mayor pro tem may hold such court and may exercise all the powers conferred by law or this Charter upon the recorder. Section 5-2. Penalty for Violation of Laws, Ordinances . The recorder or any authorized presiding officer of the recorder's court may punish for any violation of a Town ordinance or law by fine not exceeding five hundred dollars ($500.00), by imprisonment not to exceed (90) days, work in the workgang on the public street, or on such public works as the authorities may employ the workgang, not to exceed

Page 2399

thirty (30) days or by any one or more of these punishments in the discretion of the recorder or presiding officer of said court. Section 5-3. Authority of Recorder as Justice of the Peace . The recorder shall, to all intents and purposes, be a justice of the peace, so far as to enable him to issue warrants for offenses committed within the Town, which warrants may be executed by any member of the police force of the Town, and to commit the offenders to the Town prison or county jail of Wilkinson County, or to admit them to bail in bailable cases, for their appearance at the next term of the court of competent jurisdiction to be held in and for said county. Section 5-4. Sentence for Contempt . When sitting as a court, the judge or presiding officer thereof, shall have the power to punish for contempt by fine not exceeding one hundred dollars ($100.00), by imprisonment, in the manner prescribed aforesaid not exceeding thirty (30) days, or by one or both, or any part thereof, in the discretion of the presiding officer. Section 5-5. Warrants; Form, Scope, Execution; Recorder's Authority to Hear Evidence, Grant, Bond . The recorder shall be authorized to issue warrants for any offense under any law or ordinance of the Town of McIntyre or this State, and when the offense is against State laws and not covered by municipal law or ordinance, may hear evidence and commit to jail or take bond for appearance before the grand jury or a State court having jurisdiction to try the same. If the offense charged in the warrant be one against any law or ordinance of the Town of McIntyre the arresting officer shall carry the same before the recorder's court, where same shall be disposed of as other cases of arrest not under warrant. All warrants issued by the recorder, or anyone authorized to preside in the recorder's court, shall be directed to the Chief of Police of the Town of McIntyre, any policeman or marshal thereof, and to all and singular the sheriffs, deputy sheriffs and constables of the State of Georgia, and any

Page 2400

one of said officers shall have authority to execute warrants. Section 5-6. Rules of Practice in Recorder's Court; Competency of Officers as Witnesses . The rules of practice in the recorder's court, so far as practicable, shall be the same as the rules of practice in the superior courts of this State. Section 5-7. Witnesses . The recorder, or any authorized presiding officer of the recorder's court shall have 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 attendance, and to punish any witness who has been duly subpoenaed and fails to attend, under the provisions heretofore provided for contempt. Section 5-8. Appearance Bonds; Posting, Forfeiture, Execution . Any police officer of the Town of McIntyre shall release any person arrested for a violation of any law, regulation or rule of said municipal government upon such person posting bonds payable to the Town of McIntyre in an amount and surety approved as directed by the recorder, conditioned for the appearance of such persons 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 persons 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 day thereof, provided such person or persons are residents of said Town, and such service may be made personally or by mailing a written notice to such person or persons at their last known address.

Page 2401

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 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 McIntyre and the recorder, and shall be directed to all police officers of said Town and to all and singular the sheriffs and constables of this State, and the same when so issued shall be a lien upon all property, real or personal, of such parties and of binding effect upon such property of the defendants 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. However, any police officer of said Town, when the emergency of the occasion demands it, may require cash bonds for the appearance of such arrested person or persons, and upon their failure to appear at trial thereof, said cash bond may, in the discretion of the Town recorder, be regarded as a fine and so assessed by said recorder. Section 5-9. Ministerial Officers of Recorder's Court; Attendance, Duties . The ministerial officers of the recorder's court shall be the policemen of the Town of McIntyre to whom all mesne and final processes shall be directed. Said officers or a sufficient number shall attend the sessions of the court for the purpose of executing the orders of said court, and shall do and perform such duties connected with said court as may be required of them. Section 5-10. Rights of Appeal, Certiorari; Costs; Bond Required; Failure to Give Bond . Any person convicted before the recorder or other presiding officer of the recorder's court, may enter an appeal from the judgment of said court to the mayor and aldermen; provided, the appeal be entered within two days after the judgment complained of is pronounced; and provided further, that the defendant gives bond to abide the final judgment of the case, which bond must be approved by the clerk. The said mayor and aldermen shall as early as practicable thereafter, hear and determine said case so appealed, and shall investigate the case

Page 2402

as fully as if the same had never been tried. They shall have the power, if they find the defendant guilty, to decrease the fine imposed by the recorder's court, or to increase it at their discretion. Any person convicted by the mayor and aldermen on the appeal shall have the right to petition the Superior Court of Wilkinson County for issuance of a writ of certiorari, provided all costs are first paid and bond and security given in double the amount of the fine imposed, to answer the final judgment rendered in the case. Nothing in this Section shall prevent the defendant who desires to obtain a writ of certiorari therefor from the superior court from doing so; provided, however, that the applicant failing to give bond and security may, in the discretion of the recorder, be placed in the Town prison or county jail to await the final judgment of the appeal above mentioned. Nothing in this Section shall be construed to prevent any person convicted in the recorder's court of a violation of any ordinance of said Town from petitioning for a writ of certiorari directly to the superior court in accordance with provisions of State law in such cases. Section 5-11. Hearing on Certiorari; Notice; Costs; Forfeiture of Bond . The judge of the superior court who grants certiorari may hear the same after giving notice to each party, or his attorney, of the time and place of hearing, the mayor being required to certify and send up to the superior court a complete and accurate history of the case, as his answer to the petition of certiorari, and the defendant having the right to traverse said answer as provided by law. The mayor and aldermen shall pass ordinances regulating the costs for appeals and certiorari; and for the forfeiture of all bonds. ARTICLE VI. TAXATION, FINANCE AND REVENUE Section 6-1. Fiscal Year . The fiscal year of the Town shall be fixed by ordinance or resolution of the mayor and aldermen, duly entered upon the minutes.

Page 2403

Section 6-2. Budget . No expenditures of money, except disbursements for normal purposes, shall be expended by the mayor and aldermen during the first two months of any fiscal year until a budget has been prepared and adopted. The budget shall include in its anticipation for the ensuing fiscal year a sum not to exceed the normal revenue collections of the Town anticipated from all sources during the ensuing year. The mayor and aldermen shall appropriate a sum sufficient to pay the annual debt service, including sinking fund and interest on bonded indebtedness, which sum shall not be diverted to any other department or departments by the mayor and aldermen during the year. Should the revenue of the Town be less than the amount anticipated, it shall be the duty of the mayor and aldermen to amend the budget in order to reflect such decreased revenue; in the event the revenue of the Town is greater than the amount anticipated, and such increase is definite and reasonably certain, the mayor and aldermen may amend the budget in order to reflect such increase in revenue. Section 6-3. Deficits . If at any time during the year expenses exceed revenues and a deficit is created, it shall be the duty of the mayor and aldermen, before appropriating any other sum for any other purpose, to appropriate a sufficient sum to immediately discharge any such deficit which has occurred. Section 6-4. Borrowing Money Authorized . The mayor and aldermen shall have authority to borrow money to meet casual deficiencies in the revenues of the Town; provided, however, that loans negotiated for such purpose shall not extend over a period longer than twelve months and shall be repaid from the revenues of the current year, for which provision shall be made by tax levy. Section 6-5. Annual Audit of Finances Required; Publication . The mayor and aldermen, at the end of each fiscal year, shall have an annual audit conducted by a certified public accountant, covering all financial transactions entered into by said mayor and aldermen or by any board, commission, agency, department or officer of the Town in behalf

Page 2404

of the Town for that year. When such audit has been completed, it shall be published by the mayor and aldtermen either in the official newspaper or by posting a copy in the Town Hall or courthouse, the method of publication being within the discretion of the mayor and aldermen. Section 6-6. Taxes; Authority to Levy, Provide for Collection . The mayor and aldermen of said Town shall have power and authority to levy and collect an ad valorem tax upon all property, real and personal, within the corporate limits of the Town, which is taxable under the laws of this State, and to provide the manner in which the same shall be collected. Section 6-7. Execution for Unpaid Taxes or Licenses . Should any person fail or refuse to pay a tax or license imposed by the Town within the time allowed or prescribed by ordinance, the clerk shall issue an execution against such delinquent taxpayer for the amount due by him to the Town which shall be signed by the Town clerk in his official capacity and bear teste in the name of the mayor and aldermen of the Town of McIntyre. Section 6-8. Advertisement, Conduct of Execution Sales . All sales of property under execution in favor of said Town of McIntyre, shall be advertised in the official newspaper in which sheriff's sales are advertised, and such sales in all respects shall be made and conducted in the same manner as sheriff's sales under execution are made in this State. Section 6-9. Levy and Sale under Tax Execution; Possession . Executions for unpaid taxes or license fees shall bind all the property of a defaulting taxpayer owned in said Town on the first day of April in the year for which the same are delinquent. Said executions shall be directed to and enforced by the chief of police, who, after levying the same upon the property of such defaulting taxpayers, shall, if the property be personal property, advertise the sale by posting notice in three of the most public places of said Town ten days before the date of sale; and if the property be real estate, by advertising the same once a week for four weeks in the official organ of said Town before selling the same.

Page 2405

All sales under such executions shall be made by the chief of police before the door of the council chamber, courthouse or at such places as may be prescribed by ordinance, notice of which place and time of sale shall be contained in the advertisement. The property levied upon shall be sold by the chief of police at public outcry to the highest and best bidder. Where the sale is of personal property, the chief of police shall deliver possession thereof to the purchaser. When real estate is sold, the chief of police shall execute a deed to the purchaser, which shall be as effectual in passing title as the deed to the person against whom the execution is issued, and it shall be the duty of the chief of police, upon application of the purchaser or his agent, to put said purchaser, or agent, in possession of the real estate sold; provided, however, that the chief of police shall not be authorized to turn out any person other than such delinquent taxpayer, his heirs, tenants or assigns as of a time subsequent to the time when the lien of the Town taxes attached. Section 6-10. Disposition of Costs on Execution . The Town clerk shall be entitled to one dollar ($1.00) for each writ of fieri facias issued, and the chief of police shall be entitled to the same fees for levies as are hereby allowed bailiffs in this State, and to the same fees for selling as are required by sheriffs for selling property in this State; provided, however, that the mayor and aldermen may, by ordinance, provide for all such costs to be paid into the Town treasury. Section 6-11. Authority to Regulate Returns, Payment of Taxes and Licenses . The mayor and aldermen of said Town shall have power and authority to prescribe the time and manner in which all persons shall return all property of every kind and nature for taxes, and also when all business and occupation taxes and licenses shall be paid to the Town. Section 6-12. Appointment, Duties of Tax Assessor . The mayor and aldermen shall have the power and authority each year, if in their discretion they see proper, to appoint three tax assessors, whose duty it shall be to value the real

Page 2406

estate in said Town for taxation and to scrutinize carefully each return of property, real and personal, by any taxpayers of the Town and, if in their judgment they find the property embraced in a return, or any portion of it, returned below its proper value, they shall assess the value thereof. Section 6-13. Arbitration of Assessment Valuation . Whenever the assessors shall raise the valuation at which a taxpayer has returned his property, they shall give him written notice of their assessment and it shall be the taxpayer's privilege if dissatisfied with the assessment, within ten days after notice, to have the matter arbitrated by three disinterested freeholders, who are residents of the Town, one of whom shall be selected by him, one by the assessors and the third by the two selected; and a majority of these arbitrators shall fix the assessment, which shall be final and conclusive. The mayor and aldermen shall have the authority to fix the compensation of the said arbitrators and shall pass such ordinance pertinent thereto as they deem proper. Section 6-14. Bond Issues, Elections for Public Improvements . The mayor and aldermen of said Town shall have the power and authority to order elections at various times to determine the issue of bonds, and to issue and/or hypothecate bonds in accordance therewith, for all public improvements as they may deem necessary; they may issue the same for the purpose of purchasing, building or enlarging the waterworks and sewer system of the Town, to establish a light plant, to erect a Town Hall where the public business of the Town shall be transacted, to curb and pave the streets, to purchase sites, erect and equip public school buildings, and for any such other public improvements as they may deem proper; and they shall provide how the public debt of the Town shall be paid, and may constitute such sinking fund for that purpose, if they may deem it necessary. Section 6-15. Tax Levy to Amortize Bond Authorized; Interest Coupons . The mayor and aldermen of said Town are hereby authorized and empowered to levy, assess and collect annually a sufficient tax upon and from the taxable property in said Town, real and personal, to pay the

Page 2407

principal and interest on bonds as they shall become due. This tax shall be separately assessed, levied, and collected for the specific purpose herein designated and shall not be used or applied to any other purpose whatever. Said mayor and aldermen are hereby authorized and empowered to issue interest coupons payable annually for the interest of said bonds. Any money received and collected under this Charter and remaining after the payment of maturing interest coupons and bonds shall be held by the mayor and aldermen as a sinking fund for the payment of the bonds and interest maturing the next year. Section 6-16. Execution, Registration, Sale of Bonds . Any bond issued pursuant to the authority in this Charter shall be signed by the mayor and clerk of said Town and registered and sold in manner and in such sums and at such times as the mayor and board of aldermen may determine for the best interest of said Town and the speedy execution of the objects thereof. ARTICLE VII. MISCELLANEOUS . Section 7-1. Terms of Officers . All present officers of said Town shall hold their offices until the expiration of their present terms, and until their successors are elected and qualified, except as herein provided. An election shall be held on the first Saturday in October, 1971, for the purpose of electing a mayor and five councilmen. The mayor and five candidates for aldermen receiving the largest number of votes at such election shall serve for a term of two years, and until their successors are elected and qualified. Beginning on the first Saturday in October, 1971, and every two years thereafter, an election shall be held to elect the successors to the mayor and aldermen whose terms expire the first day in January of the year next following such election. The successors to the mayor and aldermen elected in 1971 and all future successors shall take office on the first day of January in the year next following their election and shall serve for a term of two years and until their successors are elected and qualified. It is the intent and purpose of this Section to change the present terms of the mayor and aldermen from a one-year term to a two-year

Page 2408

term. All such elections shall be conducted in the same manner as elections for the members of the General Assembly of Georgia. The mayor and aldermen shall enter upon the discharge of their respective offices as soon as they take the oath of office after election. Section 7-2. Existing Ordinance Preserved . This Act shall not abolish any of the ordinances now in effect in said Town except where they are in conflict with this Charter, but the same shall be preserved and continued. Section 7-3. Existing Acts Preserved . All other Acts heretofore approved by the General Assembly relating to the Town of McIntyre, except such part or parts thereof as may be in conflict with this Charter and except for the Acts specifically repealed herein, shall be and they are hereby continued in operation, confirmed and consolidated with and made a part of this Charter. Section 7-4. Severability . If any provision of this Act shall be held to be unconstitutional, 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. Severability. Section 7-5. Specific Act Repealed . An Act to create and establish a Charter of the Town of McIntyre, approved October 15, 1910 (Ga. L. 1910, p. 928), as amended by an Act approved March 5, 1957 (Ga. L. 1957, p. 2383), and an Act approved March 31, 1962 (Ga. L. 1962, p. 2847), is hereby repealed in its entirety. Section 7-6. Repeal of Conflicting Laws . 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 1971 Session of the General Assembly of Georgia, a bill entitled, An Act to incorporate the Town of McIntyre, Georgia, and to grant a new charter to said Town and for other purposes, being an Act to amend and replace an Act of the General Assembly of Georgia approved

Page 2409

August 15, 1910 and the Acts amendatory thereof so as to repeal the Charter of the Town of McIntyre, and to enact in lieu thereof a new Charter for said Town and for other purposes. This 5th day of January, 1971. /s/ Culver Kidd Senator, Wilkinson County, Georgia /s/ Philip Chandler /s/ Floyd Harrington Representatives Wilkinson County, Georgia Georgia, Wilkinson County. Personally before me, the undersigned officer authorized by law to administer oaths, appeared Joe Boone, who being first duly sworn deposes and says as follows: that he is owner and publisher of The Wilkinson County News, 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 copy of notice of intention to introduce local legislation was published in The Wilkinson County News on the following dates: January 21, 1971, January 28, 1971 and February 4, 1971. /s/ Joe Boone Sworn to and subscribed before me, this 20th day of February, 1971. /s/ Mrs. Nina P. Maxey, Notary Public, Wilkinson County, Georgia. Approved March 30, 1971.

Page 2410

CITY OF ATHENSCHARTER AMENDED. No. 170 (House Bill No. 8). An Act to amend an Act entitled An Act to amend the charter of the Town of Athens, approved August 24, 1872 (Ga. L. 1872, page 127); as amended, so as to authorize the Mayor and Council of the City of Athens in enforcing Housing Codes to assess cost of demolition where a financial hardship exists; to provide procedures for assessment and collection of the same; 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 the charter of the Town of Athens, approved August 24, 1872 (Ga. L. 1872, page 127) as amended, is hereby amended by adding thereto a new section to be known as 1 (d) to read as follows: Section 1. (d) The Mayor and Council of the City of Athens, acting through its Building Official, shall have full authority in enforcing Housing Codes to assess costs of demolition and removal of substandard buildings or structures or portions thereof after (a) the owner, agent, or person in control thereof shall fail, neglect, or refuse to comply with any notice by the Building Official to do such, and such notice stating that the same will be done at the expense of the owner upon his failure to comply therewith; (b) a finding of financial hardship with respect to the owner by the Building Official and all other efforts to obtain compliance have been exhausted or are found to be impracticable. The Building Official after ascertaining the costs shall charge the same to the owner of the premises involved and shall present his statement of such to the City Marshal who shall collect the same in the same manner as city taxes, which costs shall have the same dignity as city taxes, including the right of the City Clerk to issue an execution therefor where necessary for collection. The City Council

Page 2411

shall authorize the payment of said costs over a period of time with interest at the legal rate with right to accelerate said installments in the event of default in payment. The City Marshal shall note on the tax digest that said costs have been assessed against the owner. Said powers shall be cumulative of all others possessed by said city. Section 2 . This Act shall take effect upon its approval by the Governor. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given that the Mayor and Council of the City of Athens intends to apply to the General Assembly of Georgia at the 1971 Session thereof for the passage of a local bill to amend the Charter of the Mayor and Council of the City of Athens (Ga. Laws 1872, p. 127), approved August 24, 1872, as amended, relating to procedures in connection with violations of the Housing Code, and for other purposes. This 15th day of December, 1970. The Mayor and Council of the City of Athens By: Julius F. Bishop Mayor Georgia, Clarke County. Personally before me, the undersigned attesting officer authorized by law to administer oaths, appeared N. S. Hayden, who, being put upon oath, certifies, deposes and swears that he is the publisher of the Athens Daily News, that the Athens Daily News is the newspaper in which sheriff's advertisements are published in Clarke County, Georgia; and that the foregoing notice of intention to apply for local legislation was published in the Athens Daily News on December 18 and 26, 1970, and January 2, 1971. /s/ N. S. Hayden

Page 2412

Certified, sworn to and subscribed before me, this 8th day of January, 1971. /s/ Frances P. Carter, Notary Public, Clarke County, Georgia. My Commission Expires Aug. 5, 1973. Approved March 30, 1971. CITY OF BLAKELYCHARTER AMENDED. No. 172 (House Bill No. 34). An Act to amend an Act incorporating the City of Blakely, approved December 18, 1900 (Ga. L. 1900, p. 219), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 2414), so as to change the salaries of the mayor and councilmen; to authorize the mayor to declare and enforce a curfew in the event of riot, rebellion, insurrection, violent disturbance, or other emergency; to authorize the mayor to deputize persons to aid in suppressing any riot, rebellion, insurrection, violent disturbance, or other emergency; to authorize the city council to acquire any real property located anywhere within Early County, Georgia, by contract or by eminent domain for use in the City sewage system, water system, electrical system, or for other public use; 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 Blakely, approved December 18, 1900 (Ga. L. 1900, p. 219), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 2414), is hereby amended by repealing section 2 of said amendatory Act in its entirety. Section 2 . Said Act is further amended by inserting following Section IV, a new Section to be known as section IVA, to read as follows:

Page 2413

Sec. IVA. The mayor of the City of Blakely shall receive a salary of $1,200.00 per annum to be paid in equal monthly installments. The Councilmen of said City shall each receive a salary of $600.00 per annum to be paid in equal monthly installments. Section 3 . Said Act is further amended by inserting following section XII, a new section to be known as section XIIA, to read as follows: Sec. XIIA. In the event of riot, rebellion, insurrection, violent disturbance, or other emergency, the mayor of the City of Blakely shall have the power and authority to declare and enforce a curfew and to deputize persons to aid in suppressing such riot, rebellion, insurrection, violent disturbance, or other emergency. Section 4 . Said Act is further amended by inserting at the end of section XXII the following: The city council of the City of Blakely shall have full power and authority to acquire real property located anywhere within Early County, Georgia, as it now exists or may hereafter exist, by contract or by eminent domain for use in the City's sewage system, water system, electrical system, or for other public use., so that when so amended section XXII shall read as follows: Sec. XXII. The city council may condemn or purchase property and exercise control over the same anywhere within the territory designated as the school limits of said city and may, by ordinance and through their officers, regulate and control the same for any public purpose. The city council of the City of Blakely shall have full power and authority to acquire real property located anywhere within Early County, Georgia, as it now exists or may hereafter exist, by contract or by eminent domain for use in the City's sewage system, water system, electrical system, or for other public use. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2414

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1971 Session of the General Assembly of Georgia a bill to amend the charter of the City of Blakely, as amended, to change the salaries of the mayor and councilmen; to authorize the mayor to declare and enforce a curfew and to deputize persons in the event of a riot, rebellion, insurrection, violent disturbance, or other emergency; to authorize the city council to acquire any real property located anywhere within Early County, Georgia, for use in the City's sewage system, water system, electrical system or for other public use; and for other purposes. This 15th day of December, 1970. Mobley Howell Representative, 60th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mobley Howell who, on oath, deposes and says that he is Representative from the 60th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Early County News which is the official organ of Early County, on the following dates: December 17, 24, and 31, 1970. /s/ Mobley Howell Representative, 60th District Sworn to and subscribed before me, this 12th day of January, 1971. /s/ Genevieve M. McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971.

Page 2415

CITY OF LAGRANGECHARTER AMENDED. No. 173 (House Bill No. 78). 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), as amended, by an Act approved March 10, 1969 (Ga. L. 1969, p. 2182) and an Act approved March 10, 1970 (Ga. L. 1970, p. 2337), so as to extend and 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 1 . 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), as amended, by an Act approved March 10, 1969 (Ga. L. 1969, p. 2182) and an Act approved March 10, 1970 (Ga. L. 1970, p. 2337) is hereby amended by adding subparagraphs (7) and (8), at the end of subparagraph (6) of paragraph (a), as follows: (7) 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 arc of a circle forming the present city limits, said circle having a radius of two miles, and the eastern boundary of the right of way of State Route No. 219; running thence in a Southern direction and along the Eastern boundary of State Route No. 219 to a point, said point being at the intersection of the Eastern boundary of State Route No. 219 and the center line of the Blue John Creek; running thence in a Southwesternly direction and along the meandering of Blue John Creek for a distance of 5100 feet, more or less, to a point said point being at the intersection of the center line of Blue John Creek and the Western boundary of a tract of land now owned by the Troup County Board of Education, and formerly the Carter land; running thence

Page 2416

in a Northern direction and along the Western boundary of the property belonging to the Troup County Board of Education, Wikit, and Compton to a point, said point being at the intersection of the afore-described property line and the arc of a circle forming the present city limits; running thence in a Southeasternly direction and along an arc of a circle forming the present city limits, to the point of beginning. The above described property contains 147.62 acres and lies in Land Lots 172, 173, 174 and 147 of the Sixth Land District of Troup County, Georgia. (8) 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 on the present city limits and at the intersection of the Eastern boundary of the right of way of U. S. Highway No. 27 and the center line of Blue John Creek; running thence in a Southwesternly direction and along the meandering of Blue John Creek and the present city limits of the City of LaGrange to a point, said point being at the intersection of the center line of Blue John Creek and the Easternly boundary of Land Lot 172 of the Sixth Land District; running thence in a Southernly direction and along the Eastern boundary of Land Lot 172 and the present city limits to a point, said point being the Southeastern corner of Land Lot 172; running thence S 0 44[UNK] East and along the Eastern boundary of Land Lot 181 for a distance of 572.5 feet to a point; running thence N 88 41[UNK] E for a distance of 1,219.3 feet to a point, said point being in the Western boundary of a 30 foot drive reserved for access to the Evans property; running thence North 22 14[UNK] E and along the Western boundary of said drive for a distance of 166.7 feet to a point, said point being at the intersection of the Western boundary of said 30 foot drive and the Western boundary of U. S. Highway No. 27; running thence in a Northwesternly direction and along the Western boundary of U. S. Highway No. 27 for a distance of 80.9 feet to a point; running thence North 88 41[UNK]

Page 2417

E and across the right of way of U. S. Highway No. 27 to a point, said point being in the Eastern boundary of U. S. Highway No. 27, thence in a Northwesternly direction and along the Eastern boundary of U. S. Highway No. 27 to the point of beginning. The above described land contains 37.73 acres and lies in Land Lots 171 and 182 of the Sixth Land District of Troup County, Georgia. Reference to bearing and distances are from a plat entitled `The Subdivision of the Property of Butler A. Evans' prepared by Clarence J. White, dated November 20, 1952 and recorded in Plat Book 2, pages 335-336 of the records of Troup County, Georgia, and include in the above described property Tract No. 1 and No. 2 of said Subdivision. 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 following local legislation will be introduced at the January 1971 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: 147.62 acres in Land Lots 172, 173, 174, and 147 of the Sixth Land District of Troup County, Georgia Tract No. 2: 37.73 acres in Land Lots 171 and 182 of the Sixth Land District of Troup County, Georgia. This the 17th day of December, 1970. Mayor and Council of LaGrange /s/ James R. Lewis City Attorney 114 Main Street LaGrange, Georgia

Page 2418

Georgia, Troup County. Personally before the undersigned officer, duly authorized to administer oaths, appeared 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 December 18 and December 24, 1970, and January 1, 1971. /s/ Glen O. Long Publisher, LaGrange Daily News Sworn to and subscribed before me, on this the 4th day of January, 1971. /s/ Katherine M. Nelson Notary Public, Troup County, Georgia. My Commission expires: March 2, 1973. (Seal). Approved March 30, 1971. FULTON COUNTYPENSION AND RETIREMENT SYSTEM FOR BOARD OF EDUCATION CHANGED. No. 174 (House Bill No. 173). 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 provide for preservation of maximum pension benefits by postponing the date for commencement of such benefits; to repeal conflicting laws; and for other purposes.

Page 2419

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 . Said Act as amended is further amended by adding a new section which shall read as follows: Nothwithstanding any other provision of this Act as amended, if a member should complete 25 years of service before reaching the age when he is eligible to retire with maximum pension, and subsequently such member leaves the employment of the Fulton County Board of Education, he may obtain the maximum pension benefits to which he would have been entitled if he had reached retirement age on the day he leaves such employment, by electing to postpone the effective date for the commencement of receipt of such pension benefits until that date when he reaches the age when he would otherwise be eligible to retire with maximum pension. Such election shall be made by giving notice in writing of such election to the Pension Board, within 30 days before or after leaving the employment of the Board of Education. 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. Severability. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply to the January 1971 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

Page 2420

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 H. Purdee Chairman, Fulton County School Pension Board By: Lula B. Carson Executive Secretary Georgia, Fulton County. 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 16, 23, 30 days of December, 1970, and on the 5th day of January, 1971. As provided by law. /s/ Mildred N. Lazenby Subscribed and sworn to before me, this 12th day of January, 1971. /s/ Maiodis F. Palmer, Notary Public, Georgia State at Large. My Commission Expires Jan. 19, 1972. (Seal). Approved March 30, 1971.

Page 2421

FULTON COUNTYPENSION AND RETIREMENT SYSTEM FOR BOARD OF EDUCATION PERSONNEL CHANGED. No. 175 (House Bill No. 174). 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 the right to elect to claim entitlement to prior service credit may be exercised at any time during such employee's employment, upon satisfaction of all other conditions to such right of election; 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 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 (b) which shall read as follows: Section 12(b). Notwithstanding any other provision of this Act, wherever under this Act as amended an employee is given the right to elect to claim credit for prior service, such right of election may be exercised at any time during such employee's employment with the Fulton County School System, provided that the employee satisfies all other conditions to such right of election. Section 2 . All laws or 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 apply to the January 1971 Session of the General Assembly of Georgia for local legislation to amend an Act to provide in Fulton County

Page 2422

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 H. Purdee Chairman Fulton County School Pension Board By: Lula B. Carson Executive Secretary Georgia, Fulton County. 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 16, 23, 30 days of December, 1970, and on the 5th day of January, 1971. As provided by law. /s/ Mildred N. Lazenby Subscribed and sworn to before me, this 12th day of January, 1971. /s/ Maiodis F. Palmer, Notary Public Georgia, State at Large. My Commission Expires Jan. 19, 1972. (Seal). Approved March 30, 1971.

Page 2423

GRADY COUNTYCLERK AND ORDINARY PLACED ON SALARY, ETC. No. 176 (House Bill No. 180). An Act to abolish the present mode of compensating the Clerk of the Superior Court and Ordinary of Grady County, known as the fee system; to provide in lieu thereof annual salaries for such officers; to change the compensation of the Tax Commissioner and Sheriff of Grady County; 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 office; 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 amend an Act creating the office of the Tax Commissioner of Grady County, approved August 24, 1931 (Ga. L. 1931, p. 475) by deleting therefrom certain provisions pertaining to the compensation of the Tax Commissioner; to repeal an Act placing the Sheriff of Grady County upon an annual salary, approved March 30, 1965 (Ga. L. 1965, p. 2912), as amended; 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 Ordinary of Grady County, known as the fee system is hereby abolished, and in lieu thereof, annual salaries for such officers are prescribed as hereinafter provided. Section 2 . The Clerk of the Superior Court shall receive an annual salary of not less than $6,000.00 nor more than $12,000.00, payable in equal monthly installments from the funds of Grady County. The compensation provided herein for the Clerk of the Superior Court shall be exclusive and shall specifically include the compensation to be received

Page 2424

for his services rendered as the ex officio Clerk of the Civil and Criminal Court of Grady County and he shall not receive any additional compensation for his services as such, notwithstanding any provisions of laws to the contrary. Section 3 . The Ordinary shall receive an annual salary of not less than $6,000.00 nor more than $12,000.00, payable in equal monthly installments from the funds of Grady County. Section 4 . The Tax Commissioner of Grady County shall receive an annual salary of not less than $6,000.00 nor more than $12,000.00, payable in equal monthly installments from the funds of Grady County. Section 5 . The Sheriff of Grady County shall receive an annual salary of not less than $6,000.00 nor more than $12,000.00, payable in equal monthly installments from the funds of Grady County. Section 6 . The exact amount of the annual salary of the above named officers, as above set out, shall be fixed by the governing authority of Grady County, and during the officers' terms, all salaries may be amended as often as desired as hereinafter provided; however, at a date no sooner than ninety (90) days, and no later than sixty (60) days immediately prior to the closing date for qualifying for the general primary in which candidates may qualify for the office of Clerk of the Superior Court, Ordinary, Sheriff and Tax Commissioner of Grady County, and for each term thereafter, the governing authority of said county shall determine and publish the salary schedule for such officers. The salaries as determined shall not be diminished thereafter during the term of office of such officers, but may be increased by the governing authority of said county, if otherwise permissible under the terms of this Act, at any time after the particular officer concerned has served twelve (12) months of the term of office to which he was elected. Section 7 . After the effective date of this Act, said officers shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties

Page 2425

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 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. Section 8 . 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. Section 9 . With prior approval of the governing authority of Grady County, the above named officers shall have the authority to appoint such deputies, clerks, assistants and other personnel as they shall each deem necessary to efficiently and effectively discharge the official duties of their respective offices. Each of said officials 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. It shall be within the sole discretion of the governing authority of Grady County to fix the compensation to be received by each employee in said offices. It shall be within

Page 2426

the sole power and authority of each of said officers, 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. Section 10 . 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, uniforms, vehicles 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 Grady County. Section 11 . 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. Section 12 . An Act abolishing the offices of Tax Receiver and Tax Collector of Grady County and creating the office of Tax Commissioner of Grady County, approved August 24, 1931 (Ga. L. 1931, p. 475), as amended by an Act approved February 26, 1935 (Ga. L. 1935, p. 659), and an Act approved March 26, 1947 (Ga. L. 1947, p. 789), is hereby amended by striking in its entirety section 7. Section 13 . An Act placing the Sheriff of Grady County upon an annual salary, approved March 30, 1965 (Ga. L. 1965, p. 2912), as amended, is hereby repealed in its entirety. Section 14 . This Act shall become effective on January 1, 1973. Effective date.

Page 2427

Section 15 . 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 1971 Session of the General Assembly of Georgia, a bill to place certain of the County Officers of Grady County upon an annual salary; to change the salary of certain county officers and their personnel; to repeal certain acts relating to the compensation of certain county officers and certain provisions thereof; to provide the procedures connected therewith; and for other purposes. This 28th day of December, 1970. Burton M. Wamble Representative, 69th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Burton M. Wamble who, on oath, deposes and says he is Representative from the 69th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Cairo Messenger which is the official organ of Grady County, on the following dates: January 1, 8, 15, 1971. /s/ Burton M. Wamble Representative, 69th District Sworn to and subscribed before me, this 18th day of January, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large My Commission Expires, Dec. 16, 1974. (Seal). Approved March 30, 1971.

Page 2428

COLUMBUSDEPARTMENT OF PUBLIC HEALTH CREATED, ETC. No. 177 (House Bill No. 189). An Act to amend an Act entitled An Act to combine the Department of Health of the City of Columbus with the Department of Health of Muscogee County, and said combined departments to be known as `Muscogee County Department of Public Health,' to be administered by a governing body to be known as `County Board of Health,' whose jurisdiction shall extend throughout Muscogee County, including the City of Columbus, and other incorporated areas; to provide for a Commissioner of Health, and assistant personnel; and for other purposes., approved March 27, 1941 (Ga. L. 1941, p. 937) as amended by an Act approved February 17, 1947 (Ga. L. 1947, p. 11), an Act approved February 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2061), and an Act approved March 10, 1964 (Ga. L. 1964, p. 2784), so as to comprehensively and exhaustively revise, supersede, consolidate and codify the law relating to public health and the Muscogee County Department of Public Health; to create the Columbus Department of Public Health; to provide for the membership of the Board; to provide for the powers, duties, selection and compensation of the members of the Board; to provide for the method of filling vacancies on the Board; to provide for the election of officers by the Board; to provide for meetings; to provide for a quorum; to prescribe qualifications for the Commissioners of Health; to provide for the powers, duties, compensation and qualifications of the Commissioner of Health; to authorize the Commissioner of Health to employ such personnel as he may deem necessary to carry on the functions and purposes of the Columbus Department of Public Health; to provide for the removal of the Commissioner of Health; to provide for the issuance of rules and regulations by the Commissioners of Health; to provide for penalties; to provide that the Board of Health shall cooperate with the Georgia State Board of Health to the fullest extent; to provide for all other matters relative to the foregoing; to provide that the Columbus Department of Public Health

Page 2429

shall be the successor to the Muscogee County Department of Public Health with all of the rights, powers, duties and authority formerly vested in the Muscogee County Department of Public Health; 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 combine the Department of Health of the City of Columbus with the Department of Health of Muscogee County, and said combined department to be known as `Muscogee County Department of Public Health'; to be administered by a governing body to be known as `County Board of Health,' whose jurisdiction shall extend throughout Muscogee County including the City of Columbus, and other incorporated areas; to provide for a Commissioner of Health, and assistant personnel; and for other purposes., approved March 27, 1941 (Ga. L. 1941, p. 937) as amended by an Act approved February 17, 1947 (Ga. L. 1947, p. 11), an Act approved February 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2061), and an Act approved March 10, 1964 (Ga. L. 1964, p. 2784), is hereby amended by striking sections 1-23 in their entirety and inserting in lieu thereof the following: Section 1 . There is hereby created for the City of Columbus a Department of Public Health, to be known as the `Columbus Department of Public Health', to be composed of (1) a Board of Health, and (2) a Commissioner of Health. Creation. Section 2 . The membership of the Columbus Board of Health shall be composed of seven members as follows: The Mayor of Columbus or some member of the Council designated by said Council; the City manager of Columbus; and five residents of Columbus who shall be elected by the Mayor and Council of Columbus at such times and for such terms as hereinafter provided, and of such members of said Board of Health, two shall at all times be licensed and practicing physicians. Membership. Section 3 . The present members of the County Board of Health shall continue to serve until the expiration of their

Page 2430

respective terms of office and until their successors are duly elected and qualified. The five appointive members of the Board shall be elected for terms of five years each from the first Monday in January of each year next following the date of their respective elections, and each of said members shall serve for the full term of five years and until their successors shall have been elected and qualified. At their first regular meeting in December of each year, the Mayor and Council shall elect a successor for the member of the Board whose term of office is expired, and one of their own number to serve as a member of the Board for the following calendar year. Terms. Section 4 . In case of a vacancy on the Board of Health other than the Mayor of Columbus or Councilman and the City Manager of Columbus, said vacancy shall be filled in the same manner and by the same method as set forth for the election of such member or members within thirty days next after the occurrence of such vacancy and for the unexpired term of the member or members causing such vacancy. Vacancies. Section 5 . The Board shall elect a Chairman at its regular December meeting in even-numbered years. In the event of a vacancy in the office of Chairman, the Board shall, at its next regular meeting, elect a Chairman for the unexpired term. Chairman. Section 6 . The present Commissioner shall continue to serve until the expiration of his present term of office and until his successor is elected and qualified. The Board shall elect a Commissioner of Health at its regular December meeting in December, 1972, and every four years thereafter, the Commissioner of Health shall be elected for a term of four years. A vacancy in the office of Commissioner of Health shall be filled by election for the unexpired term by the Board of Health as soon as a properly qualified and acceptable person can be secured. Commissioner. Section 7 . The Commissioner of Health shall be a graduate of a graduate of a recognized Grade A Medical School, and eligible for license to practice medicine and surgery in this State, and who, by training and experience, meets the qualifications

Page 2431

recommended by the Merit System of the State of Georgia. The Commissioner of Health shall devote his full and undivided time to the duties of his office and shall not engage in the private practice of medicine, surgery or the allied professions, and shall follow no other occupation or pursuit during the term of office. The compensation of the Commissioner of Health shall be established in the annual budget by the Board and may consist of payment received from the State as well as local funds. The Commissioner of Health shall employ such assistant health officers, public health engineers, nurses, and other assistants as he may deem necessary and proper to carry on the functions and purposes of the Columbus Department of Public Health, and may discharge such personnel for proper cause, all in accordance with the requirements of the Merit System of the State of Georgia. All professional and technical personnel shall have such qualifications as are recommended by the Merit System of the State of Georgia. Same, qualifications. Section 8 . The Board of Health shall meet monthly on a date to be fixed by the Board. The Secretary shall prepare and preserve minutes of all meetings of the Board, whether regular or called. At least one meeting shall be conducted in each calendar month and special or called meetings may be conducted at any time upon the call of the Chairman of the Board of Health, upon the call of the Commissioner of Health or upon the call of a majority of the members of the Board of Health. A quorum for the transaction of business shall exist when four members of the Board of Health are present. Copies of all minutes of all meetings of the Board of Health shall be filed in the office of the Secretary of the Board of Health and in the office of the City Manager of Columbus. The members of the Board of Health, as such, shall receive no salary and shall serve without compensation. Meetings. Section 9 . The Columbus Department of Public Health shall have all of the powers relating to the public health now vested in the Muscogee County Department of Public Health and all the administrative powers vested in the governing authority of the City of Columbus, and said Columbus Department of Public Health shall be charged with the protection

Page 2432

and preservation of the public health throughout Columbus, and shall be charged with the performance of all duties resting upon and relating to the protection and preservation of the public health now prescribed by law for and upon the health officer and health department of the City of Columbus, the governing authority of the City of Columbus, and such other duties as may be hereafter prescribed by law. Powers. Section 10 . Nothing in this Act shall be construed as repealing any portion of the charter of the City of Columbus or of ordinances thereof relating directly or indirectly to the public health. The City, through the Mayor and Council of the City of Columbus, shall continue to have the power to enact, amend, enforce and repeal all ordinances relating to the public health within the corporate limits and the police jurisdiction of said City, as such corporate limits and police jurisdiction now exist, or may hereafter be extended. In case of apparent conflict between such ordinances enacted by the City and regulations of the Columbus Board of Health, the said ordinances (until said ordinances and regulations are amended so as to conform to one another) shall prevail. In all ordinances of the City where powers are now or may hereafter be lodged in its health officer, or his assistants, the Commissioner of Health provided for by this Act, and his assistants, shall succeed to said powers without the necessity of amending said ordinances. Construction. Section 11 . The Board of Health is authorized and required to hold regular monthly meetings and such special or called meetings as may be called in the manner herein provided. The Board of Health shall advise with the Commissioner of Health and shall make annual reports to the City of Columbus, the State Department of Public Health, and such Federal Public Health agencies as may be designated, on the condition of the public health in Columbus, Georgia, and the activities of the Columbus Department of Public Health. The said Board of Health shall, except as herein limited, also have full power and authority to make rules and regulations, to define nuisances injurious to the public health and the manner in which the same shall be abated, and likewise to declare by rule and regulation whatever

Page 2433

may be deemed necessary for the preservation and protection of the public health and the prevention of the introduction and spread of infectious and contagious diseases. Such rules and regulations passed and adopted by the Board of Health as created herein shall have the full force and effect of law in the same manner as rules and regulations of County Boards of Health are now given the full force and effect of law. Powers. Section 12 . The Board of Health shall have, except as herein limited, the authority, and is hereby given the same, to pass rules and regulations which shall apply only to areas and citizens within the Urban Services Districts of Columbus, and which shall not apply to areas and citizens living outside of the limits of such districts, and shall likewise have the authority to pass rules and regulations which shall apply only to areas and citizens residing outside the Urban Services Districts of Columbus, or to areas and to citizens within certain zones or limited areas of Columbus, which zones shall be well defined and notice of the existence of such zones published as other rules and regulations may be published. Rules. Section 13 . Any person who shall violate any rule or regulation promulgated by the Columbus Board of Health shall, upon conviction, be punished as for a misdemeanor, and the Judge of the City Court of Columbus shall have jurisdiction to try all persons charged with a violation of the rules and regulations of the Board of Health, and in trying such violations the Judge of the City Court of Columbus shall act in the capacity of both judge and jury, save and except when the person so charged shall demand trial by a jury, in which event a trial by jury shall be had as for a misdemeanor as provided by the laws of Georgia. Violation. Section 14 . The Commissioner of Health shall be under the direct control of the Board of Health and shall be responsible only to said Board of Health. He shall advise the Board of Health as to health problems within Columbus and the solution and correction of the same. He shall have complete control over the administrative affairs of the Columbus Department of Public Health, he shall have full authority

Page 2434

to organize such divisions of his department in such manner he considers best for the department and the community, subject to the approval of the Board of Health. The Commissioner of Health shall be removed from office only after conviction by the Board of Health at public hearing upon written charges, sustained by proof, of inefficiency, incompetency, insubordination, dishonesty, failure to perform the duties of his office, or conduct unbecoming an officer, on which occasion the Board of Health shall sit in the capacity of judge and jury and as such shall hear evidence under oath, and at such hearing five members of the Board of Health must vote for such removal in order to remove such Commissioner of Health. Powers of commissioner. Section 15 . The necessary expenses of the Columbus Department of Public Health shall form a legitimate item of the administration of the government of the City of Columbus. At the regular May monthly meeting hereafter, the Board of Health and the Commissioner of Health shall prepare a budget for the coming year, which shall be submitted to the Mayor and Council of Columbus, who shall look into and study the same, and the same shall, when approved by the Mayor and Council of Columbus, become the budget of the Columbus Department of Public Health for the ensuing year, and the amount of said budget shall be appropriated by the City of Columbus. Budget. Section 16 . The administration and disbursement of all funds of the Columbus Department of Public Health, all purchases, bookkeeping and accounting shall be in such manner as might be agreed upon by the Mayor and Council of Columbus. Periodic financial statements shall be filed in the office of the City Manager of Columbus. The budget fixed, as herein provided, shall never be exceeded. Disbursement of funds. Section 17 . No part of said health fund shall be used to defray any part of the expenses of any hospital authority and no part of said health fund shall be used to defray any part of the expenses of cleaning of streets, roads, and alleys, for the collection and disposal of garbage, for scavenger

Page 2435

service, or for the abatement or removal of nuisances in or for the City of Columbus, nor shall the facilities, personnel or equipment of the Board of Health be used for such purposes; provided however, that nothing contained herein shall prohibit said Department of Public Health from entering into contracts providing for essential health services with hospital authorities. Limitations on funds. Section 18 . The Commissioner of Health shall compile a Sanitary Code containing all of the rules and regulations of the Board of Health deemed necessary for the proper preservation and protection of the public health and the proper sanitation of Columbus, which Code, when approved and adopted by the Board of Health, shall be published in printed form and made available free of charge, to any citizen of Columbus. Sanitary Code. Section 19 . The Board of Health shall cooperate with the Georgia State Board of Health and its officers to the fullest extent in accordance with the basic health laws of the State, and shall cooperate in all policies, plans and campaigns of the State Department of Health for the protection and preservation of the public health, the prevention of the spread of disease, quarantine, and the combining of epidemics. The Health Commissioner shall advise with the State health authorities and shall coordinate his activities as far as possible so as to bring about a unification of purpose and effect in the interest of the public health. The Commissioner of Health shall set up in his office facilities for the recording, compilation and dissemination of vital statistics. Section 20 . The Columbus Department of Public Health created herein shall be the successor to the Muscogee County Department of Public Health which existed prior to the effective date of this Act, and said Columbus Department of Public Health shall be vested with all of the rights, powers, duties and authority formerly vested in the Muscogee County Department of Public Health. Section 21 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2436

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1971 Session of the General Assembly of Georgia, a bill to Amend an Act approved March 27, 1941, (Ga. L. 1941, p. 937-947), and entitled An Act to combine the Department of Health of the City of Columbus with the Department of Health of Muscogee County and said combined departments to be known as Muscogee County Department of Public Health to be administered by a governing body to be known as County Board of Health whose jurisdiction shall extend throughout Muscogee County including the City of Columbus and other incorporated areas; to provide for a Commissioner of Health and assistant personnel; and for other purposes as amended, so as to codify the original act and all subsequent amendments into one piece of legislation; to change the membership of said Board; to change the qualifications of the Director of said Department; and to correct certain outdated and archaic terminology; and for other purposes. This 21st day of December, 1970. /s/ Milton Jones, Attorney for the Muscogee County Department of Public Health Georgia, Muscogee County. Personally appeared before the undersigned, an officer duly authorized by law to administer oaths, M. R. Ashworth, who, after first being duly sworn, states on oath the copy of Notice of Intention to apply for passage of a local bill to amend an act approved March 27, 1941 and entitled An act to combine the Department of Health of the City of Columbus with the Department of Health of Muscogee County and said combined departments to be known as `Muscogee County Department of Public Health' to be administered by a governing body to be known as `County Board of Health' whose jurisdiction shall extend throughout Muscogee County including the City of Columbus and

Page 2437

other incorporated areas; to provide for a Commissioner of Health and assistant personnel; and for other purposes, as amended, so as to codify the original act and all subsequent amendments into one piece of legislation; to change the membership of said Board; to change the qualifications of the Director of said Department; and to correct certain outdated and archaic terminology; and for other purposes, has been published as provided by law in the Columbus Ledger once a week for three weeks to-wit: December 23, 1970; December 30, 1970; and January 6, 1971. The same being during the sixty day period immediately preceding the introduction of said bill in the General Assembly of Georgia. Deponent further avers that he is publisher of said newspaper and that same is the newspaper in which the Sheriff's advertisements for the locality effected are published. /s/ M. R. Ashworth Sworn to and subscribed before me, this the 6th day of January, 1971. /s/ Trudy Moody, Notary Public, Muscogee County, Georgia. My Commission Expires Feb. 22, 1972. (Seal) Approved March 30, 1971. TREUTLEN COUNTYGRAND JURY MAY APPOINT BOARD OF EDUCATION. No. 180 (House Bill No. 206). An Act to provide that the Board of Education of Treutlen County may be appointed by the Grand Jury of Treutlen County in accordance with Code section 32-903, relating to qualifications of members of county boards of education,

Page 2438

as amended, irrespective of militia districts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The County Board of Education of Treutlen County may be selected and appointed by the Grand Jury of Treutlen County in accordance with the provisions of Code section 32-903, as amended, relating to qualifications of members of county boards of education, from the county at large notwithstanding any language in the aforementioned Code Section to the contrary. 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 1971 regular Session of the Georgia General Assembly a bill to permit the Grand Jury to select and appoint members of the Treutlen County Board of Education from the county at large; and for other purposes. This 21st day of December, 1970. /s/ 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: December 31, 1970; January 7, and 14, 1971. /s/ L. L. Phillips, Representative, 50th District

Page 2439

Sworn to and subscribed before me, this 19th day of January, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal) Approved March 30, 1971. WHITFIELD COUNTYCOUNTY ADMINISTRATOR. No. 181 (House Bill No. 281). An Act to amend an Act revising, superseding and consolidating the laws pertaining to the governing authority of Whitfield County, Georgia, approved February 21, 1964 (Ga. L. 1964, p. 2175), as amended by an Act approved April 12, 1968 (Ga. L. 1968, p. 3682), and an Act approved March 24, 1969 (Ga. L. 1969, p. 3398), so as to change the title of the Comptroller; 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, Georgia, approved February 21, 1964 (Ga. l. 1964, p. 2175), as amended by an Act approved April 12, 1968 (Ga. L. 1968, p. 3682), and an Act approved March 24, 1969 (Ga. L. 1969, p. 3398), is hereby amended by striking therefrom, wherever the same shall appear, the following: Comptroller, and substituting in lieu thereof the following: County Administrator.

Page 2440

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 at the present January, 1971 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) as further amended by (Ga. L. 1969, p. 3398) so as to change the title of Comptroller to County Administrator. /s/ Jack H. Cole, Representative, Whitfield County Seat No. 1 /s/ Virgil T. Smith, Representative, Whitfield County Seat No. 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack H. Cole 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 Citizens-News which is the official organ of Whitfield County, on the following dates: January 2, 8, and 15, 1971. /s/ Jack H. Cole, Representative, 3rd District Sworn to and subscribed before me, this 25th day of January, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal) Approved March 30, 1971.

Page 2441

HOUSTON COUNTYTIME FOR SUBMISSION OF ORDINARY'S BUDGET CHANGED. No. 182 (House Bill No. 315). An Act to amend an Act placing the ordinary of Houston County upon an annual salary, approved March 10, 1964 (Ga. L. 1964, p. 2816), as amended by an Act approved April 9, 1968 (Ga. L. 1968, p. 3373), so as to change certain of the dates relative to the submission and approval of budgets by said officer; 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 Houston County upon an annual salary, approved March 10, 1964 (Ga. L. 1964, p. 2816), as amended by an Act approved April 9, 1968 (Ga. L. 1968, p. 3373), is hereby amended by striking from section 3 the word January and substituting in lieu thereof the word July. Section 2 . Said Act is further amended by striking from section 4 the word December and substituting in lieu thereof the word June, and by striking the word fall and substituting in lieu thereof the word existing, so that when so amended, section 4 shall read as follows: Section 4. In the event the governing authority of Houston County shall refuse or fail to approve the budget, or any individual budgeted item therein by the first day of June after receiving the budget, the ordinary shall be authorized to appeal to an arbitration committee composed of the existing term of the grand jury of the superior court of Houston County. Said committee shall then fix the budget or any disputed salary or salaries and all other matters included in said appeal. The determination made by said committee shall be final. Section 3 . All laws and parts of laws in conflict with this Act are thereby repealed.

Page 2442

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1971 Session of the General Assembly of Georgia, a bill to amend the Georgia law relating to Houston County, Georgia, so as to provide that Houston County shall be on a fiscal year basis from July 1 to June 30; to provide for a date by which all Constitutional officers must present their budget to the Board of Commissioners of Roads and Revenue; to provide for a date by which the Commissioners of Roads and Revenue review and approve or disapprove said budgets; to provide a date by which each Constitutional officer must appeal said budget in cases of disagreement; to change the deadline for the payment of taxes in Houston County to December 15 of each year, and other purposes. This 29th day of December, 1970. /s/ Vince Moyer, Representative, 41st District, Post 2 /s/ Sam A. Nunn, Jr., Representative, 41st District, Post 1 /s/ Stanley E. Smith, Jr., Senator, 18th Senatorial District Georgia, Houston, County. Personally appeared before me this date, Bobby Branch, publisher of The Houston Home Journal, Perry, Ga., the official organ of Houston County, Georgia, who certifies that the Legal Notice, Intention to Introduce Local Legislation was published in The Houston Home Journal on the following dates: December 31, 1970; January 7 and 14, 1971. This 28th day of January, 1971. /s/ Bobby Branch Publisher, Houston Home Journal Perry, Ga.

Page 2443

Sworn to and subscribed before me, this 28th day of January, 1971. /s/ Janice E. Colwell, Notary Public, Houston County. My Commission Expires March 7, 1972. (Seal) Approved March 30, 1971. HOUSTON COUNTYTIME FOR SUBMISSION OF SHERIFF'S BUDGET CHANGED. No. 183 (House Bill No. 316). An Act to amend an Act placing the sheriff of Houston County upon an annual salary, approved March 10, 1964 (Ga. L. 1964, p. 2819), as amended by an Act approved April 9, 1968 (Ga. L. 1968, p. 3371), so as to change certain of the dates relative to the submission and approval of budgets by said officer; to repeal conflicting laws; and and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the sheriff of Houston County upon an annual salary, approved March 10, 1964 (Ga. L. 1964, p. 2819), as amended by an Act approved April 9, 1968 (Ga. L. 1968, p. 3371), is hereby amended by striking from section 3 the word January and substituting in lieu thereof the word July. Section 2 . Said Act is further amended by striking from section 4 the word December and substituting in lieu thereof the word June, and by striking the word fall and substituting in lieu thereof the word existing, so that when so amended, section 4 shall read as follows: Section 4. In the event the governing authority of

Page 2444

Houston County shall refuse or fail to approve the budget, or any individual budgeted item therein by the first day of June after receiving the budget, the sheriff shall be authorized to appeal to an arbitration committee composed of the existing term of the grand jury of the superior court of Houston County. Said committee shall then fix the budget or any disputed salary or salaries and all other matters included in said appeal. The determination made by said committee shall be final. 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 1971 Session of the General Assembly of Georgia, a bill to amend the Georgia law relating to Houston County, Georgia, so as to provide that Houston County shall be on a fiscal year basis from July 1 to June 30; to provide for a date by which all Constitutional officers must present their budget to the Board of Commissioners of Roads and Revenue; to provide for a date by which the Commissioners of Roads and Revenue review and approve or disapprove said budgets; to provide a date by which each Constitutional officer must appeal said budget in cases of disagreement; to change the deadline for the payment of taxes in Houston County to December 15 of each year, and other purposes. This 29th day of December, 1970. /s/ Vince Moyer, Representative, 41st District, Post 2 /s/ Sam A. Nunn, Jr., Representative, 41st District, Post 1 /s/ Stanley E. Smith, Jr. Senator, 18th Senatorial District

Page 2445

Georgia, Houston County. Personally appeared before me this date, Bobby Branch, publisher of The Houston Home Journal, Perry, Ga., the official organ of Houston County, Georgia, who certifies that the Legal Notice, Intention to Introduce Local Legislation was published in The Houston Home Journal on the following dates: December 31, 1970, and January 7 and 14, 1971. This 28th day of January, 1971. /s/ Bobby Branch Publisher, Houston Home Journal Perry, Ga. Sworn to and subscribed before me, this 28th day of January, 1971. /s/ Janice E. Colwell, Notary Public, Houston County. My Commission Expires March 7, 1972. (Seal). Approved March 30, 1971. HOUSTON COUNTYTIME FOR SUBMISSION OF CLERK'S BUDGET CHANGED. No. 184 (House Bill No. 317). An Act to amend an Act placing the clerk of the superior court of Houston County upon an annual salary, approved March 10, 1964 (Ga. L. 1964, p. 2811), as amended by an Act approved April 9, 1968 (Ga. L. 1968, p. 3369), so as to change certain of the dates relative to the submission and approval of budgets by said officer; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 2446

Section 1 . An Act placing the clerk of the superior court of Houston County upon an annual salary, approved March 10, 1964 (Ga. L. 1964, p. 2811), as amended by an Act approved April 9, 1968 (Ga. L. 1968, p. 3369), is hereby amended by striking from section 3 the word January and substituting in lieu thereof the word July. Section 2 . Said Act is further amended by striking from section 4 the word December and substituting in lieu thereof the word June, and by striking the word fall and substituting in lieu thereof the word existing, so that when so amended, section 4 shall read as follows: Section 4. In the event the governing authority of Houston County shall refuse or fail to approve the budget, or any individual budgeted item therein by the first day of June after receiving the budget, the clerk shall be authorized to appeal to an arbitration committee composed of the existing term of the grand jury of the superior court of Houston County. Said committee shall then fix the budget or any disputed salary or salaries and all other matters included in said appeal. The determination made by said committee shall be final. 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 1971 Session of the General Assembly of Georgia, a bill to amend the Georgia law relating to Houston County, Georgia, so as to provide that Houston County shall be on a fiscal year basis from July 1 to June 30; to provide for a date by which all Constitutional officers must present their budget to the Board of Commissioners of Roads and Revenue; to provide for a date by which the Commissioners of Roads and Revenue review and approve or disapprove said budgets; to provide a date by which each Constitutional officer must appeal said budget in cases of disagreement; to change the

Page 2447

deadline for the payment of taxes in Houston County to December 15 of each year, and other purposes. This 29th day of December, 1970. /s/ Vince Moyer, Representative, 41st District, Post 2 Sam A. Nunn, Jr., Representative, 41st District, Post 1 Georgia, Houston County. Personally appeared before me this date, Bobby Branch, publisher of The Houston Home Journal, Perry, Ga., the official organ of Houston County, Georgia, who certifies that the Legal Notice, Intention to Introduce Local Legislation was published in The Houston Home Journal on the following dates: December 31, 1970; January 7 and 14, 1971. This 28th day of January, 1971. /s/ Bobby Branch, Publisher, Houston Home Journal Perry, Ga. Sworn to and subscribed before me, this 28th day of January, 1971. /s/ Janice E. Colwell, Notary Public, Houston County. My Commission Expires March 7, 1972. (Seal) Approved March 30, 1971.

Page 2448

HOUSTON COUNTYTIME FOR SUBMISSION OF TAX COMMISSIONER'S BUDGET CHANGED. No. 185 (House Bill No. 318). An Act to amend an Act placing the tax commissioner of Houston County upon an annual salary, approved March 10, 1964 (Ga. L. 1964, p. 2813), as amended by an Act approved April 9, 1968 (Ga. L. 1968, p. 3367), so as to change certain of the dates relative to the submission and approval of budgets by said officer; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the tax commissioner of Houston County upon an annual salary, approved March 10, 1964 (Ga. L. 1964, p. 2813), as amended by an Act approved April 9, 1968 (Ga. L. 1968, p. 3367), is hereby amended by striking from section 3 the word January and substituting in lieu thereof the word July. Section 2 . Said Act is further amended by striking from section 4 the word December and substituting in lieu thereof the word June, and by striking the word fall and substituting in lieu thereof the word existing, so that when so amended, section 4 shall read as follows: Section 4. In the event the governing authority of Houston County shall refuse or fail to approve the budget, or any individual budgeted item therein by the first day of June after receiving the budget, the tax commissioner shall be authorized to appeal to an arbitration committee composed of the existing term of the grand jury of the superior court of Houston County. Said committee shall then fix the budget or any disputed salary or salaries and all other matters included in said appeal. The determination made by said committee shall be final. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2449

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1971 Session of the General Assembly of Georgia, a bill to amend the Georgia law relating to Houston County, Georgia, so as to provide that Houston County shall be on a fiscal year basis from July 1 to June 30; to provide for a date by which all Constitutional officers must present their budget to the Board of Commissioners of Roads and Revenue; to provide for a date by which the Commissioners of Roads and Revenue review and approve or disapprove said budgets; to provide a date by which each Constitutional officer must appeal said budget in cases of disagreement; to change the deadline for the payment of taxes in Houston County to December 15 of each year, and other purposes. This 29th day of December, 1970. /s/ Vince Moyer, Representative, 41st District, Post 2 /s/ Sam A. Nunn, Jr. Representative, 41st District, Post 1 /s/ Stanley E. Smith, Jr., Senator, 18th Senatorial District Georgia, Houston, County. Personally appeared before me this date, Bobby Branch, publisher of The Houston Home Journal, Perry, Ga., the official organ of Houston County, Georgia, who certifies that the Legal Notice, Intention to Introduce Local Legislation was published in The Houston Home Journal on the following dates: December 31, 1970, January 7, 14, 1971. This 28th day of January, 1971. /s/ Bobby Branch, Publisher, Houston Home Journal Perry, Ga.

Page 2450

Sworn to and subscribed before me, this 28th day of January, 1971. /s/ Janice E. Colwell, Notary Public, Houston County. My Commission Expires March 7, 1972. (Seal) Approved March 30, 1971. PEACH COUNTYREGULATION, CONTROL AND LICENSING OF ORGANIZATIONS, TRADES OR BUSINESSES AUTHORIZED. No. 186 (House Bill No. 335). An Act to authorize the governing authority of Peach County to levy a license tax upon any organization, trade or business and to license and regulate and control same; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The governing authority of Peach County shall have the power and authority to levy a license tax upon any organization, trade or business carried on within said county, outside the limits of any municipality, and the power and authority to license, regulate and control all taverns, hotels, cafes, restaurants, boardinghouses, 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

Page 2451

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 slaughterhouses or beef markets, green grocers, dealers in fish, oysters, vegetables, fruits, breads and other articles of food; junk dealers; pawnbrokers; 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, excepting from the application of these provisions only those business which are subject to regulation by the State Public Service 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 regular 1971 Session of the General Assembly of Georgia, a bill to amend an Act creating a Board of Commissioners for Peach County, approved March 10, 1964 (Ga. L. 1964, p. 2627), so as to provide that the Commissioner's shall have authority to regulate businesses (and charge fees for same) within the unincorporated area of Peach County; and for other purposes. This 1st day of January, 1971. 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

Page 2452

Leader-Tribune which is the official organ of Peach County, on the following dates: January 7, 14, 21, 1971. /s/ Daniel K. Grahl Representative, 40th District Sworn to and subscribed before me, this 8th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. MUSCOGEE COUNTY SCHOOL DISTRICTSNO MEMBER ELIGIBLE AFTER TWO TERMS, ETC. No. 187 (House Bill No. 339). An Act to amend an Act creating the Muscogee County School District approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended by an Act approved December 12, 1953 (Ga. L. 1953, p. 2373), so as to provide that no member of the Muscogee County Board of Education shall be eligible for reappointment after such member has served two (2) consecutive full terms of five (5) years each on said Board commencing after January 1, 1971, until such member is off the Board for one (1) year or more, when such member shall again be eligible for reappointment; to provide that, at the time any member is appointed, the grand jury shall see that at least one member of said Board shall be a bona fide resident of each of the four council districts in said County; to repeal conflicting laws; and for other purposes.

Page 2453

Whereas, the original Act creating the Muscogee County School District provides that ten members of said Board of Education shall at all times during their terms of service be bona fide residents of the City of Columbus, and five members of said Board of Education shall at all times during their terms of service be bona fide residents of the County of Muscogee outside the corporate limits of said City; and Whereas, the City of Columbus and the County of Muscogee have been consolidated and merged into one political subdivision to be known henceforth as Columbus, Georgia, and the charter of said consolidated government creates four council districts in said City of Columbus, Georgia. Now, therefore, be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Muscogee County School District approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended by an Act approved December 12, 1953 (Ga. L. 1953, p. 2373), is hereby amended by striking the first paragraph of section 5 in its entirety and inserting in lieu thereof a new first paragraph of section 5 to read as follows: The administration of said School District shall be vested in a board to be known as the Muscogee County Board of Education, hereinafter known as the `Board of Education'. The Board of Education shall consist of fifteen (15) members, men or women, or some of both, who at the time of their appointment shall be twenty-one (21) years of age and bona fide residents of Columbus, Georgia, for at least twenty-four (24) months. The members of said Board of Education shall be appointed by the grand juries of said County of Muscogee. No member of said Board shall be eligible for reappointment after such member has served two (2) consecutive full terms of five (5) years each on said Board commencing after January 1, 1971, until such member is off the Board for one (1) year or more, when such member shall again be eligible for reappointment; and that at the time any member is appointed, the grand

Page 2454

jury shall see that at least one member of said Board shall be a bona fide resident of each of the council districts in said Columbus, Georgia. All of said members shall serve without compensation. No person shall be qualified to serve as a member of said Board of Education while holding any kind of public office for which compensation is paid, except the office of notary public. Absence by a member of said Board for three (3) consecutive meetings shall be held to be a resignation from the Board, but such absence may be excused by resolution adopted by a majority of the Board. Each appointment to said Board shall be made as hereinafter provided by the Muscogee County Grand Jury meeting in May or at the next meeting of the Grand Jury thereafter. 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 at the session of the General Assembly of Georgia convening January 11, 1971, for the passage of a local bill entitled An Act to amend the Act of February 25, 1949 (Ga. L. 1949, p. 1086 et seq.), as amended by an Act of December 12, 1953 creating the Muscogee County School District, to provide that no member of the Muscogee County Board of Education shall be eligible for reappointment after such member has served two (2) consecutive full terms of five (5) years each on said Board commencing after January 1, 1971, until such member is off the Board for one (1) year or more, when such member shall again be eligible for reappointment; and that, at the time any member is appointed, the grand jury shall see that at least one member of said Board shall be a bona fide resident of each of the four council districts in said County. This the 7th day of January, 1971. Muscogee County Board of Education By: William Henry Shaw, Secretary

Page 2455

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mac Pickard who, on oath, deposes and says that he is Representative from the 84th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Columbus Ledger which is the official organ of Muscogee County, on the following dates: January 12, 19, 26, 1971. /s/ Mac Pickard Representative, 84th District Sworn to and subscribed before me, this 8th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. BARTOW COUNTYTAX COMMISSIONER'S SALARY CHANGED. No. 188 (House Bill No. 362). 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), an Act approved March 31, 1967 (Ga. L. 1967, p. 2367), and an Act approved April 15, 1969 (Ga. L. 1969, p. 2761), so as to change the compensation of the Tax Commissioner of Bartow County; to provide an effective

Page 2456

date; 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), an Act approved March 31, 1967 (Ga. L. 1967, p. 2367), and an Act approved April 15, 1969 (Ga. L. 1969, p. 2761), is hereby amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 which shall read as follows: Section 4. (a) The Tax Commissioner of Bartow County shall be compensated in the amount of $12,000.00 per annum, to be paid in equal monthly installments from the funds of Bartow County. Effective January 1, 1973, the tax commissioner elected at the last election and taking office on January 1, 1973, and each tax commissioner elected thereafter, shall be compensated an additional $400.00 per annum for each prior four-year term he has served as Tax Commissioner of Bartow County. All fees, commissions, costs and all other perquisites collected by the tax commissioner shall be the property of Bartow County, and once each month shall 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. (b) 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.

Page 2457

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 is hereby given that there will be introduced at the regular 1971 session of the General Assembly of Georgia a bill to change the compensation of the Tax Commissioner of Bartow County and for other purposes. Joe Frank Harris Representative, 10th District 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 Herald Tribune which is the official organ of Bartow County, on the following dates: December 24, 31, 1970 and January 7, 1971. /s/ Joe Frank Harris Representative, 10th District Sworn to and subscribed before me, this 3rd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971.

Page 2458

BURKE COUNTYSHERIFF SALARY CHANGED, ETC. No. 189 (House Bill No. 383). An Act to amend an Act placing the sheriff of Burke County upon 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), and an Act approved March 4, 1969 (Ga. L. 1969, p. 2167), so as to change the compensation of the sheriff of Burke County; to authorize said sheriff to employ two additional 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 Burke County upon 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), and an Act approved March 4, 1969 (Ga. L. 1969, p. 2167), is hereby amended by striking from section 2 the symbol and figure $11,500.00 and inserting in lieu thereof the symbol and figure $12,500.00, so that when so amended section 2 shall read as follows: Section 2. The sheriff shall receive an annual salary of $12,500.00, payable in equal monthly installments from the funds of Burke County. Salary. Section 2 . Said Act is further amended by striking from section 5 the word five wherever it shall appear and by inserting in lieu thereof the word seven, and by inserting at the end of the first sentence thereof the following: and one of which shall serve as the investigator of the sheriff's department, so that when so amended, section 5 shall read as follows: Section 5. The sheriff shall have the authority to appoint seven deputies and one secretary, one of which deputies shall be appointed by the sheriff to act as jailer and one

Page 2459

of which shall serve as the investigator of the sheriff's department. 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 seven deputies and one secretary but the governing authority of Burke County shall be authorized to pay the compensation of only the seven deputies and secretary provided for herein. Personnel. 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 1971 Session of the General Assembly of Georgia, a bill to change the compensation of the sheriff of Burke County; to authorize the sheriff to employ two additional deputies; and for other purposes. This 18 day of Jan., 1971. Preston B. Lewis Representative, 37th District Georgia, Fulton Countly. 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

Page 2460

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 20, 27, February 3, 1971. /s/ Preston B. Lewis Representative, 37th District Sworn to and subscribed before me, this 8th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. TOWN OF DEEPSTEPCHARTER AMENDED. No. 191 (House Bill No. 393). An Act to amend an Act incorporating the Town of Deepstep, approved December 15, 1900 (Ga. L. 1900, p. 279), as amended, so as to change the term of office for the mayor and council; to change the date for electing Town officials; 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 Deepstep, approved December 15, 1900 (Ga. L. 1900, p. 279), as amended, is hereby amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. The mayor and councilmen shall take office on the first day of January immediately succeeding their

Page 2461

election and shall serve for a term of two (2) years and until their successors are elected and qualified. The council shall elect a marshal at its first regular meeting after the election, who shall hold his office for a term of two (2) years and until his successor is elected and qualified. Section 2 . Said Act is further amended by adding, following section 4, a new section, to be known as section 4A, and to read as follows: Section 4A. The election of the Town officials shall be held on the second Wednesday of September, 1972, and on said date biennially thereafter, with the said elected officials taking office on the first day of January immediately succeeding the election. The Town officials shall be elected by a vote of the citizens of said Town who are qualified to vote under the rules and regulations hereafter provided. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Passage of a Local Bill. Notice is hereby given that I will, at the request of the Mayor and Council of the City of Deepstep, introduce a bill in the 1971 General Assembly of Georgia to amend the Charter of the City of Deepstep as follows: (a) To provide for two year terms for the Mayor and Council and to provide for the election of the City Officials to be held on the second Wednesday in September, the first election to be the second Wednesday, in September, 1972 and every two years thereafter with the elected officials to take office January 1 following. This 22 day of December, 1970. T. C. Carr Representative from Washington County

Page 2462

Georgia, Washington County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jesse Mize, who, on oath, deposes and says that he is the publisher of the Sandersville Progress and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress, which is the official organ of said county, on the following dates: December 24, 1970, December 31, 1970 and January 7, 1971. /s/ Jesse Mize Publisher of the Sandersville Progress Sworn to and subscribed before me, this 11th day of January, 1971. /s/ Thomas A. Hutcheson Notary Public, Washington County, Ga. My commission expires May 22, 1973. (Seal). Approved March 30, 1971. WASHINGTON COUNTYCLERK'S COMPENSATION CHANGED. No. 192 (House Bill No. 394). An Act to amend an Act abolishing the fee system of compensation for the clerk of the superior court of Washington County and substituting in lieu thereof an annual salary, approved March 12, 1965 (Ga. L. 1965, p. 2392), as amended by an Act approved March 21, 1968 (Ga. L. 1968, p. 2808), so as to change the compensation of the clerk of the superior court of Washington County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 2463

Section 1 . An Act abolishing the fee system of compensation for the clerk of the superior court of Washington County and substituting in lieu thereof an annual salary, approved March 12, 1965 (Ga. L. 1965, p. 2392), as amended by an Act approved March 21, 1968 (Ga. L. 1968, p. 2808), is hereby amended by striking from section 2 the following: $16,500.00 and substituting in lieu thereof the following: $18,500.00, so that when so amended section 2 shall read as follows: Section 2. The clerk of the superior court of Washington County shall receive an annual salary of $18,500.00, payable in equal monthly installments from funds of Washington County. It is specifically declared that the annual salary provided herein for the clerk of the superior court shall be in lieu of all fees, fines, forfeitures, moneys, salaries and all other emoluments and perquisites of whatever kind formerly allowed him as compensation for services in any capacity. 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 I will introduce a Bill in the 1971 session of the General Assembly of Georgia at the request of the board of commissioners of Washington County, Georgia to provide for the clerk of the superior court of Washington County to submit to the board of commissioners of said county an annual budget and to provide for other matters, relating thereto. Also, to increase the operating expenses of said office. This 9th day of January, 1971. T. C. Carr Representative from Washington Co., Ga.

Page 2464

Georgia, Washington County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jesse Mize, who, on oath, deposes and says that he is the publisher of the Sandersville Progress and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress, which is the official organ of said county on the following dates: January 14, 21, and 28, 1971. /s/ Jesse Mize Publisher of the Sandersville Progress Sworn to and subscribed before me, this 28th day of January, 1971. /s/ Thomas A. Hutcheson Notary Public, Washington County, Ga. My commission expires May 22, 1973. (Seal). Approved March 30, 1971. CITY OF DOUGLASCHARTER AMENDED. No. 193 (House Bill No. 400). An Act to amend an Act creating a charter for the City of Douglas, approved December 20, 1899 (Ga. L. 1899, p. 177), as amended, particularly by an Act approved March 2, 1966 (Ga. L. 1966, p. 2729), so as to extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 2465

Section 1 . An Act creating a charter for the City of Douglas, approved December 20, 1899 (Ga. L. 1899, p. 177), as amended, particularly by an Act approved March 2, 1966 (Ga. L. 1966, p. 2729), is hereby amended by adding to the end of section 2 the following: In addition to the above described territory, the City of Douglas, Georgia, shall embrace and include the following property: All that tract or parcel of land situate, lying and being in Original Lot of Land No. 180 in the 6th Land District of Coffee County, Georgia, containing 140 acres, more or less, and being more particularly described as follows: Beginning at the southwest corner of Original Lot of Land No. 180 in the 6th Land District; thence running north 1 degree 40 minutes west 2296.7 feet; thence north 88 degrees 50 minutes east 2642 feet; thence south 10 degrees 15 minutes east 692 feet, more or less; thence south 13 degrees east 516 feet; thence south 15 degrees 15 minutes east 506.9 feet; thence south 18 degrees 15 minutes east 734.2 feet; thence south 88 degrees 49 minutes west 3157 feet to the point of beginning. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice Notice is hereby given that the undersigned, duly elected Representative to the Georgia General Assembly from Coffee County, Georgia, intends to introduce local legislation at the 1971 Term of the Georgia General Assembly annexing the following described property into the corporate limits of the City of Douglas, Georgia, to-wit: All that tract or parcel of land situate, lying and being in Original Lot of Land No. 180 in the 6th Land District of Coffee County, Georgia, containing 140 acres, more or less, and being more particularly described as follows: BEGINNING at the southwest corner of Original Lot of Land No. 180 in the 6th Land District; thence running north 1 degree 40 minutes west 2296.7 feet; thence north 88 degrees 50 minutes east 2642 feet; thence south 10 degrees 15

Page 2466

minutes east 692 feet, more or less; thence south 13 degrees east 516 feet; thence south 15 degrees 15 minutes east 506.9 feet; thence south 18 degrees 15 minutes east 734.2 feet; thence south 88 degrees 49 minutes west 3157 feet to the point of beginning. Simon Grantham Coffee County Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Simon Grantham 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 6, 13, 20, 1971. /s/ Simon Grantham Representative, 55th District Sworn to and subscribed before me, this 9th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. CITY OF CENTERVILLECHARTER AMENDED. No. 194 (House Bill No. 401). An Act to amend an Act incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323),

Page 2467

as amended, so as to provide the procedures which govern the contest of elections and primaries in said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, is hereby amended by striking the last paragraph of section 8 in its entirety and substituting in lieu thereof the following paragraph: Title 34A of the Code of Georgia shall govern the contest of any primary or election conducted within the City of Centerville. In the event that the provisions of Title 34A shall not be applicable to any particular matter which shall be raised in the contest of any such primary or election, then the same shall be governed by the provisions of law now or hereafter applicable to the contest of any primary or election conducted to nominate candidates for or to fill State offices. 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 1971 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Centerville, Georgia, to provide that contested primaries or elections shall be governed by the Georgia laws pertaining to contest for a state office in any particular as to which the Georgia laws pertaining to municipal elections do not contain a provision governing same, to provide that amendments to said Georgia Laws shall also apply to any such contest and other purposes. This 11th day of January 1971. R. T. Spencer as City Attorney for Centerville, Georgia

Page 2468

Georgia, Houston County. Personally appeared before me, the undersigned authority, duly sworn to administer oaths, Bobby Branch, who, on oath, deposes and says that he is the publisher of the Houston Home Journal, 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 Houston County, on the following dates: January 14, 21 and 28, 1971. /s/ Bobby Branch Publisher Houston Home Journal Sworn to and subscribed before me, this 28th day of January, 1971. /s/ Janice E. Colwell, Notary Public, Houston County, Ga. My Commission Expires March 7, 1972. (Seal). Approved March 30, 1971. STATE COURT OF TIFT COUNTY CREATED. No. 195 (House Bill No. 402). An Act creating and establishing the State Court of Tift County; to provide for the jurisdiction of said Court; to provide for pleading, practice and procedure in said Court; to provide for a judge, officers and other employees of said Court; to provide for the election, appointment, duties, compensation, terms, commission, powers and authorities, oaths and qualifications of said judge, officers and employees; to provide for the filling of vacancies; to provide for restrictions on engaging in the practice of law by the judge and other officers; to provide

Page 2469

for the election and appointment of officers and their compensation; to provide that said court shall be a court of record; to provide for juries; to provide appeals; to provide that the State Librarian is authorized to furnish certain law books to said Court; to provide for fines, fees and costs; to provide for quarters, offices, supplies and materials; 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 . There is hereby created the State Court of Tift County, which shall be located in the City of Tifton in Tift County, Georgia. Said Court shall have territorial jurisdiction over the entire County of Tift. Jurisdiction. Section 2 . The State Court of Tift County shall have jurisdiction within the limits of Tift County concurrent with the Superior Court of said county to try and dispose of all civil cases or proceedings of whatever nature, whether arising ex contractu or ex delicto under the common law or by statute and over which jurisdiction is not vested by the Constitution and laws of the State of Georgia exclusively in any other court, without regard to the amount in controversy. Said State Court shall have criminal jurisdiction in the County of Tift over all misdemeanor cases, but shall not have any jurisdiction over felony cases. The accused in criminal proceedings in said Court shall not have the right to indictment by a grand jury, and criminal cases shall be processed in said Court upon an accusation brought in the name of the State of Georgia or upon such misdemeanor indictments as may be transferred to it by the Superior Court of Tift County. Jurisdiction specified. Section 3 . There shall be a judge of said Court who shall be elected by the voters of Tift County as hereinafter provided. Persons voting in such election shall be only persons qualified and registered to vote for members of the General Assembly in said County. The first judge so elected shall serve for a term beginning upon the date of his commissioning by the Governor and ending December

Page 2470

31, 1974. At the general election in 1974, a judge of said Court shall be elected, and he shall take office January 1, 1975, for a term of four years and until his successor is elected and qualified. Future successors shall be elected at the general election each four years thereafter and shall likewise serve a term of four years and until their successors are elected and qualified. Any incumbent in said office may succeed himself. The judge of said Court shall be commissioned by the Governor and before entering the duties of his office, shall take substantially the same oath which judges of superior courts must take, and the oath shall be administered by the judge of Tift Superior Court. The oath shall be that prescribed by Code sections 89-302 and 24-2605. Judge. Section 4 . In order to be eligible to be elected judge of said State Court, a person at the time of said election must have been a resident of Tift County continuously for the three (3) years immediately preceding said appointment or election, must be a licensed attorney at law, and must have been a practicing attorney for at least five (5) years immediately preceding such appointment or election. Such person must also be at least twenty-five (25) years of age. Judge's qualifications. The judge of said Court shall be prohibited during the term of his office from engaging in the practice of law in the State Court of Tift County but may practice in any other court. He shall be compensated by an annual salary to be fixed by the Board of Commissioners of Tift County and to be not less than $10,000.00, and which salary shall be paid from the general fund of said County in 12 monthly installments. The Board of Commissioners of Tift County shall, prior to February 15 of each calendar year, fix the salary of such judge for such calendar year provided that such salary shall not be less than the minimum hereinbefore stated. Section 5 . The judge of said Court is hereby granted the same power and authority as are now held and which may hereafter be granted judges of the superior courts of this State within the limitations of this Act and laws of general application of the State of Georgia. All laws now

Page 2471

or hereafter enacted relating to and governing judges of the superior courts shall apply to the judges of the State Court of Tift County insofar as the same may be applicable, unless inconsistent with the provisions of this Act. Powers. The judge of said Court shall discharge all the duties required of him by the Constitution and laws for the State Court of Tift County for which he was elected or appointed and shall also exercise all judicial functions for said Court as permitted by law. The State Court of Tift County shall have authority: (a) to exercise original, exclusive, or concurrent jurisdiction (as the case may be) of all cases, both civil and criminal, granted to them by the Constitution and laws; (b) to punish contempt by fines not exceeding $200.00 and by imprisonment not exceeding 20 days; (c) to exercise such other powers not contrary to the Constitution as are or may be given to courts of similar jurisdiction by law. Section 6 . In the event the judge of said Court is temporarily unable to discharge the duties of his office due to providential cause, or if he is for any cause disqualified or prevented from presiding in any case in said Court, he shall obtain a judge to preside during such disability in accordance with Article VI, Section V, Paragraph I of the Constitution of the State of Georgia or in accordance with Code Chapter 24-22, relating to judges. The compensation and expenses of said judge while serving said Court shall be set by the Board of Commissioners of Tift County to be paid from the same funds from which other officers of the Court are paid. Disability. Substitute judge. Section 7 . There shall be a solicitor of said Court who shall be elected by the voters of Tift County as hereinafter provided. Persons voting in such election shall be only persons qualified and registered to vote for members of the General Assembly in said County. The first solicitor elected shall serve for a term beginning upon the date of

Page 2472

his commissioning by the Governor and ending December 31, 1974. At the general election in 1974, a solicitor of said Court shall be elected and he shall take office January 1, 1975, for a term of four years and until his successor is elected and qualified. Future successors shall be elected at the general election each four years thereafter and shall likewise serve a term of four years and until their successors are elected and qualified. Any incumbent in said office may succeed himself. The solicitor of said Court shall be commissioned by the Governor and before entering the duties of his office shall take substantially the same oath which district attorneys of the superior courts must take, and the oath shall be administered by a judge of Tift Superior Court. It shall be the duty of the solicitor to prosecute all criminal cases in said Court. Solicitor. Section 8 . In order to be eligible to be elected solicitor of said Court, a person must have resided in Tift County for one (1) year immediately preceding such election, and must be a licensed attorney at law engaged in the active practice of law, for at least three (3) years immediately preceding such appointment or election. The solicitor is hereby authorized to practice law in any court except the criminal division of the State Court of Tift County. The solicitor shall be compensated by an annual salary to be fixed by the Board of Commissioners of Tift County and to be not less than $8,000.00, and which salary shall be paid from the general fund of said County in 12 monthly installments. The Board of Commissioners of Tift County shall, prior to February 15 of each calendar year, fix the salary of such solicitor for such calendar year, provided that such salary shall not be less than the minimum hereinabove stated. Solicitor's qualifications. Section 9 . In the event the solicitor, due to providential cause or otherwise, is temporarily unable to discharge the duties of his office, the judge of the State Court of Tift County is hereby authorized to appoint an attorney of Tift County, who is qualified under section 8 hereof, to perform the duties of the solicitor until such time as the solicitor is able to perform such duties. The compensation and expenses of said attorney while serving as solicitor shall be set by the

Page 2473

Board of Commissioners of Tift County to be paid from the same funds from which other officers of the Court are paid. Substitute solicitor. Section 10 . A special election for election of the first judge and the first solicitor of this Court shall be called by the Ordinary of Tift County within ten (10) days after the effective date of this Act. Said election shall be held not less than thirty (30) days nor more than forty (40) days after the date of the election call. Candidates for the respective offices shall qualify for their respective posts with the Ordinary within ten (10) days after the date of the election call. All expenses in connection with this election shall be paid from the general funds of Tift 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 Tift 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. Election. Section 11 . In the event of a vacancy in the office of judge of this Court or in the event of a vacancy in the office of solicitor of this Court by reason of death, resignation or any other cause, and in the absence of a duly qualified and elected successor, any such vacancy shall be filled by a special election in the same manner and by the same procedure as provided in Section 10 hereof, except that said special election shall be called by the Ordinary of Tift County within ten (10) days after such vacancy occurs. Any person so elected to fill such a vacancy shall take office on the date of his commissioning by the Governor and shall serve out the unexpired term of the person vacating said office. Vacancy. Section 12 . The sheriff of Tift County and his deputies shall also act as sheriff and deputy sheriffs of the State Court of Tift County. The sheriff of Tift County shall be

Page 2474

compensated for his duties as sheriff of the State Court of Tift County at an annual salary to be fixed by the Board of Commissioners of Tift County and to be not less than $3,000.00, payable in 12 monthly installments, in addition to all compensation provided by law to be paid to the sheriff of Tift County. The Board of Commissioners of Tift County shall, prior to February 15 of each calendar year, fix the salary of such sheriff for such calendar year provided that such salary shall not be less than the minimum hereinabove stated. Sheriff. Said sheriff and his deputies, before entering upon their duties of office, shall each take oath to faithfully and impartially perform the duties thereof, which oath shall be entered upon the book of minutes of said Court. The sheriff shall also give a bond with at least two sureties in the sum of $10,000.00, conditioned for the faithful performance of his duties as sheriff by himself, his deputies and his jailers and upon the terms required by law. Said bond shall be subject to examination, approval, recording and filing as set forth in Code sections 24-2806, 24-2807 and 24-2808, except that the presiding judge of the State Court of Tift County shall pass on the conformity and sureties instead of the judge of the superior court. Section 13 . All the requirements and duties, powers and authority imposed by law and conferred upon the sheriff of Tift County shall be obligatory upon and shall be vested in the sheriff of said State Court of Tift County, respectively, except where inconsistent with or limited by the provisions of this Act defining the jurisdiction of said Court. Sheriff's authority. Section 14 . There shall be a clerk of said State Court of Tift County who shall be the clerk of the Superior Court of Tift County. The clerk of the State Court of Tift County shall have the same right and authority to appoint deputy clerks of said Court as may be applicable to the appointment of deputy clerks of the superior courts. Said clerk shall perform in said State Court of Tift County the same duties that by law are required of him as an officer and clerk of the superior court, so far as the same does not conflict with the provisions of this Act. Clerk.

Page 2475

Said clerk and his deputies, before entering upon the duties of their offices, shall each take oath to faithfully and impartially perform the duties thereof, which oath shall be entered on the book of minutes of said Court. The clerk shall also give a bond, with at least two sureties in the sum of $10,000.00, conditioned for the faithful performance of his duties as clerk by himself and his deputies, and upon the terms required by law. The clerk of the Tift County Superior Court at the time of the enactment of this Act shall automatically, and without further appointments, be appointed the clerk of the State Court of Tift County. Qualifications and election of a successor as clerk of the Tift County Superior Court shall constitute election to the office of clerk of the State Court of Tift County. The clerk shall be compensated at an annual salary to be fixed by the Board of Commissioners of Tift County and to be not less than $3,600.00 per annum, payable in 12 monthly installments, in addition to all compensation provided by law to be paid to the clerk of the Tift County Superior Court. The Board of Commissioners of Tift County shall, prior to February 15 of each calendar year, fix the salary of such clerk for such calendar year, provided that such salary shall not be less than the minimum hereinabove stated. Section 15 . The deputy clerks of the Superior Court of Tift County are hereby appointed as deputy clerks of the State Court of Tift County and, as such, shall exercise all the functions and be subject to all the responsibilities and requirements of the clerk of the State Court of Tift County. Deputy clerks. Section 16 . All the requirements and duties, powers, and authority imposed by law and conferred upon the clerks of superior courts of this State shall be obligatory upon and shall be vested in the clerk of said State Court of Tift County, except where inconsistent with or limited by the provisions of this Act defining the jurisdiction of said Court. Clerk's authority. Section 17 . Said State Court of Tift County shall be a

Page 2476

court of record, and shall have a seal, and the minutes, records and other books and files that are required by law to be kept for the Superior Court, shall, in the same manner, so far as the jurisdiction of said State Court of Tift County may render necessary, be kept in and for said Court; provided, that the clerk of said Court shall not be required to keep a book of final records but shall see that the records are preserved in suitable files with all original papers in each case, which shall not be removed from said clerk's office except under provisions of law for removal of such records and documents from the Tift County Superior Court or upon order of the judge of said State Court of Tift County. Court of record. Section 18 . All warrants, summary processes, and writs issuing out of said State Court of Tift County shall be returnable to said Court (unless required by law to be returnable to a superior court) in the same manner and under the same rules as such writs are required to be returned to the superior courts or the justice courts of this State, as the case may be. Warrants, etc. Section 19 . The laws and rules of pleading, practice and procedure and evidence applicable to the superior courts of this State as they now exist, and as they may hereafter be amended, shall be the rules which govern pleading, practice, procedure and evidence of the State Court of Tift County, except as otherwise provided for in this Act. Practice and procedure. Section 20 . The judge of the State Court of Tift County is hereby empowered to promulgate rules and regulations allowing a defendant charged with a traffic offense to make bond, appear and dispose of said case under such rules and regulations so promulgated. Section 21 . The terms of court of the State Court of Tift County shall begin on the first Monday in February, May, August and November of each year. Unless otherwise provided by order of the judge of said Court appearing on the minutes thereof, each term shall run until the first day of the next succeeding term. The judge of said Court shall make rules for the presentation of civil and criminal matters,

Page 2477

to the Court in an orderly and efficient schedule and shall further set dates for guilty pleas, and non-contested and non-jury matters in a like manner. Terms. Section 22 . All laws now or hereafter in force with reference to the drawing, selecting and summoning of traverse jurors to serve in the Tift County Superior Court shall apply to said State Court of Tift, except that a separate list shall be prepared by the clerk of said State Court of Tift County containing the names of traverse jurors selected by the jury commissioners of Tift County. Juries. The clerk of said State Court shall write upon separate tickets the names of all traverse jurors upon the traverse jury list for the Tift County Superior Court. These tickets shall be placed in a box prepared for that purpose and from it shall be drawn as may jurors as are necessary in the opinion of the judge of said State Court to conduct the business of said State Court for the terms for which they are drawn. Section 23 . All laws now or hereafter in force with reference to the qualifications, disqualifications and challenging for cause of jurors in the superior courts of this State shall apply in the State Court of Tift County. Compensation for jurors serving in said Court shall be at the same rate and upon the same conditions as for traverse jurors serving in the Tift County Superior Court as now exist or may hereafter be of force, whether established by a Tift County Grand Jury or otherwise. Challenging jury for cause. Section 24 . All jury trials in said Court shall be by a jury of twelve (12) jurors, and said trial jury shall be selected from a panel of twenty-four (24) jurors. Each side in all civil actions being tried by a jury shall be entitled to six (6) peremptory strikes from such panel of twenty-four (24), and the remaining twelve (12) jurors shall serve as the trial jury. In all criminal matters being tried by a jury, the State shall be entitled to five (5) peremptory strikes and the defendant shall be entitled to seven (7) peremptory strikes from such panel of twenty-four (24) jurors and

Page 2478

the remaining twelve (12) jurors shall serve as the trial jury. Jury, number and strikes. Section 25 . Any civil or criminal case in such Court may be tried by the judge thereof without a jury at the discretion of the judge and upon consent of the parties thereto. Waiver of jury. Section 26 . The judge of the State Court of Tift County shall appoint an official court reporter for said Court in compliance with the provisions of Georgia law now or hereafter of force relative to the appointment of court reporters for the superior courts of this State, and such court reporter shall be compensated under the rules of law now or hereafter applicable to compensation of court reporters in the superior courts. The rules of reporting civil and criminal matters now or hereafter in force in the superior courts of this State shall apply in the State Court of Tift County. Court reporter. Section 27 . The Rules of Appellate Practice and Procedure that are applicable to cases appealed from the superior courts of this State shall be the rules which govern appeals from the State Court of Tift County. Appeals. Section 28 . The State Librarian is hereby authorized to furnish to said Court a set of the reports of the Supreme Court of Georgia and a set of the reports of the Court of Appeals of Georgia, and a set of Georgia Laws with no cost to said Court or to Tift County except shipping charges. Law library. Section 29 . All sales or property levied upon under process from the State Court of Tift County shall be conducted in the same manner as such sales are conducted under the processes of the Tift County Superior Court. Sales under process. Section 30 The rate and scale of costs in cases in the State Court of Tift County shall be the same as the rate and scale of costs in the Tift County Superior Court. The rules for assessment and collection of costs shall also be the same as those in the Tift County Superior Court. All fines, fees, costs and other monies assessed as costs of proceedings in such Court shall be collected by the proper officers

Page 2479

of said Court and shall be paid into the appropriate fund of Tift County in the same manner as are monies collected by the Tift County Superior Court, and shall become and be the money and property of Tift County. Costs. Section 31 . Excess and unclaimed monies, property or other goods coming into the hands of any officer of said Court shall be delivered or otherwise disposed of as is now or hereafter provided for the payment, delivery and disposition of such funds and property in the Tift County Superior Court. Excess and unclaimed monies. Section 32 . The Board of Commissioners of Tift County shall as soon as practicable after the approval of this Act, secure, provide and furnish adequate quarters for said Court, including an office for the judge thereof and shall also make available such books, office supplies, and such other materials as to sufficiently conduct the business of the Court. Quarters. The Board of Commissioners of Tift County shall also be empowered to furnish such clerical help as may be proper or necessary to efficiently conduct the business of the Court. Clerical help. Section 33 . Upon this Act becoming effective, the State Court of Tift County shall be immediately clothed with the authority herein provided and upon appointment of the officers and their taking the proper oath, and when required, giving bond, all officers thereof shall be immediately clothed with the authority herein provided and the Court shall immediately function as to the filing of complaints, motions, accusations and other pleadings and the conducting of all matters of the Court's business in chambers or otherwise. When operative. Section 34 . Except as is otherwise herein provided and when not inconsistent with the provisions of this Act, the present provisions of Georgia law having statewide applicability relative to the functions, authority and operation of the State Courts of the various counties in this State, shall apply to the State Court of Tift County. Statewide laws.

Page 2480

Section 35 . The salaries of the judge, solicitor, sheriff and clerk of such Court and all other costs of such Court shall be paid by the Board of Commissioners of Tift County from the funds of Tift County. Payment of officers. Section 36 . The judge of such Court may appoint in his discretion as many bailiffs of such Court as he deems necessary for the efficient operation of same and such bailiffs shall receive the same compensation as received by bailiffs of the Superior Court of Tift County. Bailiffs. Section 37 . 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 38 . This Act shall become effective on May 1, 1971. Effective date. Section 39 . 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 1971 Session of the General Assembly of Georgia, a bill to create a State Court of Tift County; to provide for jurisdiction, practice and procedures and appeals; to provide for a judge and other officers of said Court; to provide for the appointment, duties, compensation, election, terms, commission, powers and authorities, oaths and qualifications of said judge, officers and employees; to provide for the filling of vacancies; to provide for restrictions on engaging in the practice of law by the judge and other officers;

Page 2481

to provide for the appointment of temporary officers and their compensation; to provide that said Court shall be a Court of record; to provide for juries; to provide appeals; to provide that the State Librarian is authorized to furnish certain law books to said Court; to provide for fines, fees and costs; to provide for quarters, offices, supplies and materials; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. This the 10th day of Dec. 1970. Henry Bostick Representative, 63rd District 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, 26, 1970. /s/ Henry Bostick Representative, 63rd District Sworn to and subscribed before me, this 9th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires, Dec. 16, 1974. (Seal). Approved March 30, 1971.

Page 2482

STATE COURT OF EFFINGHAM COUNTYJUDGE'S SALARY CHANGED. No. 196 (House Bill No. 403). An Act to amend an Act creating the State Court of Effingham County (formerly known as the City Court of Springfield), approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, particularly by an Act approved August 8, 1916 (Ga. L. 1916, p. 295), an Act approved February 19, 1951 (Ga. L. 1951, p. 2563), an Act approved April 5, 1961 (Ga. L. 1961, p. 2881), and an Act approved March 21, 1968 (Ga. L. 1968, p. 2584), so as to change the salary 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 creating the State Court of Effingham County (formerly known as the City Court of Springfield), approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, particularly by an Act approved August 8, 1916 (Ga. L. 1916, p. 295), an Act approved February 19, 1951 (Ga. L. 1951, p. 2563), an Act approved April 5, 1961 (Ga. L. 1961, p. 2881), and an Act approved March 21, 1968 (Ga. L. 1968, p. 2584), 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 said Court shall receive a salary of four thousand two hundred dollars ($4,200.00) per year, which shall be paid monthly by the Treasurer of Effingham County, and it shall be the duty of the Board of County Commissioners of said County, or other proper officers, to make provision annually in leving taxes for this purpose. The judge shall receive no other compensation, but may practice law in any court except his own. 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.

Page 2483

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 1971 session of the General Assembly of Georgia, a bill to amend an act to establish the City Court of Springfield, approved July 30, 1908 and all acts amendatory thereto, providing for a change in the salary for the Judge of the State Court of Effingham County and for other purposes. This 6th day of January, 1971. George Chance Jones Lane Paul Nessmith Representatives in the General Assembly of Georgia from the 44th District. Georgia, Effingham County. Personally appeared before me, a Notary Public within and for above State and County, Lynn G. Weitman who, on oath, deposes and says that he is the publisher of the Springfield Herald which is the official organ of Effingham County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following dates: January 15, 22, 29, 1971. /s/ Julie Harrelson Publisher Sworn to and subscribed before me, this 3rd day of February, 1971. /s/ Lynn G. Weitman (nee Groover) Notary Public. (Seal) Approved March 30, 1971.

Page 2484

CITY OF MACONAUTHORITY TO CONVEY PORTION OF CENTRAL CITY PARK. No. 197 (House Bill No. 414). An Act to amend section 57 of an Act approved August 27, 1872 (Ga. L. 1872, pp. 222, 239), entitled An Act to amend the several Acts incorporating the City of Macon, and for other purposes, as said section has heretofore been amended, so as to provide that, notwithstanding any provision of said section, the City of Macon shall have the power and authority to transfer and convey by quitclaim deed to the State of Georgia a certain described portion of Central City Park upon which is situated the State Department of Public Safety Drivers' License building; 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 57 of an Act approved August 27, 1872 (Ga. L. 1872, pp. 222, 239), entitled An Act to amend the several Acts incorporating the City of Macon, and for other purposes, as said section has heretofore been amended, is hereby further amended by adding the following provision to the end thereof: And provided, further, that notwithstanding anything contained hereinabove, the City of Macon shall have the power and authority to transfer and convey by quitclaim deed to the State of Georgia the following described real property, together with the State Department of Public Safety Drivers' License building situated thereon, in the Central City Park, City of Macon, Bibb County, Georgia: All that lot or parcel of land, described according to a plat of survey made by Tamplin Sherrill, Inc., in July, 1969, as beginning at a point, marked by an iron pin, which is 829.6 feet south 45 degrees 4 minutes east from the Center Stone marking the theoretical center-line of Walnut and Seventh Streets; extending thence north 43 degrees

Page 2485

45 minutes east a distance of 169 feet to an iron pin; extending thence south 46 degrees 15 minutes east a distance of 200 feet to a point; extending thence south 52 degrees 29 minutes 32 seconds west a distance of 175.3 feet to an iron pin; extending thence north 44 degrees 50 minutes west a distance of 173.4 feet to point of beginning. Section 2 . Be it further enacted that said section, as hereby amended, shall read as follows: Section 57. Be it enacted, etc., that the said Mayor and Council of the City of Macon shall have power to lease or sell any portion of the town commons, or reserve, except that portion of the reserve now known and enclosed as Central City Park, which shall never be sold; nor shall it, or any portion of it, ever be leased, except by a majority vote of the Mayor and Council; and in no case shall it, or any part of it, be leased exclusively and entirely to any one party or parties for a longer term than five years; and in no case shall such lease work to the disadvantage or inconvenience of the public good of the city, or prevent the free use of the same as a park by the citizens of Macon, at all times, except on occasions when fairs or other exhibitions are held there, for which admission fees are charged by the city or the lessee: Provided, that in no case shall the absolute control of the half mile track, with its park and buildings attached, ever pass out of the hands of the Mayor and Council. Safe conditions must always be incorporated in any lease given: and provided further, that any and all rents derived from the lease of Central City Park, or any of its houses or grounds, shall be paid at once into the treasury of the city, for the use of the city or the improvement of the park: and provided further, that notwithstanding anything contained herein above, the City of Macon shall have the power to lease to the Macon Boat Club, Inc., its successors and assigns, the following described portion of Central City Park for such terms and upon such conditions as shall be deemed in the public interest; to-wit: All that tract or parcel of land located in the city of Macon, Bibb County, Georgia, commencing at an iron pin located on the south shoulder of the old Ocmulgee River

Page 2486

Levee, which point beginning is 807.7 feet distance from the center stone marking the center-line intersections of Seventh Street and Walnut Street when traversed on a calculated bearing of north 63 degrees 53 minutes east and from said point of beginning running south 73 degrees 25 minutes east along the south shoulder of the old Ocmulgee River Levee a distance of 309 feet to an iron pin; thence running north 32 degrees 55 minutes east a distance of 145 feet, more or less, to the south bank of the Ocmulgee River; thence running along the south bank of the Ocmulgee River in a northwesterly direction a distance of 219 feet, more or less, to the intersection of an extension of the south property line of W. S. Dickey Company; running thence in a southwesterly direction along said W. S. Dickey Company property line and an extension thereof a distance of 136 feet, more or less, to a point lying on the south shoulder of the new Ocmulgee River Levee; and from this point running south 26 degrees 0 minutes a distance of 119 feet, more or less, to the point of beginning. And provided, further, that notwithstanding anything contained hereinabove, the City of Macon shall have the power and authority to transfer and convey by quitclaim deed to the State of Georgia the following described real property, together with the State Department of Public Safety Drivers' License building situated thereon, in the Central City Park, City of Macon, Bibb County, Georgia: All that lot or parcel of land, described according to a plat of survey made by Tamplin Sherrill, Inc., in July 1969, as beginning at a point, marked by an iron pin, which is 829.6 feet south 45 degrees 4 minutes east from the Center Stone marking the theoretical center-line of Walnut and Seventh Streets; extending thence north 43 degrees 45 minutes east a distance of 169 feet to an iron pin; extending thence south 46 degrees 15 minutes east a distance of 200 feet to a point; extending thence south 52 degrees 29 minutes 32 seconds west a distance of 175.3 feet to an iron pin; extending thence north 44 degrees 50 minutes west a distance of 173.4 feet to point of beginning.

Page 2487

from the City of Macon to the State of Georgia, conveying the real property hereinbefore described, shall contain a provision that during the week of the Georgia State Fair, which is presently held annually in the month of October, State employees shall vacate said property so that the same may be used in conjunction with the Fair operation and, provided, further, said deed shall contain a provision whereby the title to said property shall revert to the City of Macon should it at any time cease to be used by the State Department of Public Safety for issuance of drivers' licenses. 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 the City of Macon will, at the 1971 session of the General Assembly of Georgia, apply for passage and approval of legislation to amend Section 57 of the Act of the General Assembly of Georgia, approved August 27, 1872 (Ga. L. 1872, p. 239), to authorize the City of Macon to transfer and convey to the State of Georgia that lot of land in the Central City Park, City of Macon, Bibb County, Georgia, upon which is situated the State Department of Public Safety Drivers' License building; and for other purposes. Any matter pertinent to and in aid of the general matter 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 January 7th, 1971. Lawton Miller City Attorney, City of Macon

Page 2488

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mitch Miller who, on oath, deposes and says that he is Representative from the 83rd 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 7, 14, 21, 1971. /s/ Mitch Miller Representative, 83rd District Sworn to and subscribed before me, this 9th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires, Dec. 16, 1974. (Seal). Approved March 30, 1971. CITY OF LOUISVILLECHARTER AMENDED. No. 198 (House Bill No. 444). An Act to amend an Act establishing a new Charter for the City of Louisville, approved December 18, 1900 (Ga. L. 1900, p. 305), as amended, particularly by an Act approved March 20, 1963 (Ga. L. 1963, p. 2358), so as to change the corporate limits of the City of Louisville; 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 Louisville, approved December 18, 1900 (Ga. L. 1900, p.

Page 2489

305), as amended, particularly by an Act approved March 20, 1963 (Ga. L. 1963, p. 2358), is hereby amended by adding at the end of section 16 the following. The corporate limits of said City shall also include the following described tract: COMMENCE at a point defined by the intersection of the Northwestern right of way line of School Street with the Northeastern right of way line of U. S. Route 1 Bypass Highway; thence proceed in a direction north 49 degrees, 19 minutes East, along the Northwestern right of way line of School Street, for a distance of 292.0 feet, to a concrete monument, the point of beginning; thence proceed in a direction South 19 degrees, 19 minutes East, along the Southwestern right of way line of Sinquefield Street, for a distance of 662.50 feet, to a concrete monument; thence continue in a direction North 51 degrees, 45 minutes East, along the Southeastern right of way line of Price Street, for a distance of 1,463.21 feet, to a concrete monument; thence continue in a direction North 40 degrees, 31 minutes West, along the Northeastern right of way line of Price Street, for a distance of 781.45 feet, to a concrete monument at a 30 inch oak; thence continue in a direction North 32 degrees, 31 minutes West, along the Northeastern portion of Price Street, for a distance of 556.75 feet, to a point situate on the Southeastern right of way line of the Middleground Road; thence continue in a direction South 51 degrees, 32 minutes West, along the Southeastern right of way line of Middleground Road, for a distance of 568.0 feet, to a concrete monument; thence continue in a direction South 52 degrees, 32 minutes East, for a distance of 691.66 feet, to a concrete monument at a 40 inch oak; thence continue in a direction South 49 degrees, 19 minutes West, along the Northwestern right of way line of School Street, for a distance of 875.25 feet, to a concrete monument, the point of the beginning, said parcel of land as above described containing 26.907 acres, more or less, and being bounded Northeast and Southeast by the lands of Rufus Wren, Southwest by lands of Thomas Brothers and lands of the Sinquefield Estate, and Northwest by the Middleground Road and lands of the Thomas Brothers, all as appears on

Page 2490

plat of survey made by J. D. McLeod, Surveyor, dated October 30, 1970. 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 be introduced at the ensuing 1971 Session of the General Assembly of Georgia a local bill to expand the corporate limits of the City of Louisville as defined in an Act approved March 23, 1963 (Ga. L. 1963, p. 2358), by adding thereto two tracts (High School Tract and Airport Tract); and to repeal conflicting laws. J. Roy McCracken State Representative of Jefferson County, Georgia Georgia, Jefferson County. Personally appearing before the undersigned attesting officer, James E. Horton, who on oath says that he is publisher of The News Farmer, the newspaper in which the sheriff's advertisements for Jefferson County are published, and that the attached Notice of Local Legislation was published in said newspaper in its issues of January 7, 14, 21, 1971, as provided by law. This 25th day of January, 1971. /s/ James E. Horton Sworn to and subscribed before me: /s/ James C. Abbott, Notary Public. (Seal). Approved March 30, 1971.

Page 2491

MONTGOMERY COUNTYBOARD OF COMMISSIONER'S EXPENSE ALLOWANCE. No. 199 (House Bill No. 452). An Act to amend an Act repealing an Act creating a board of commissioners for Montgomery County and creating a new board of commissioners for the County of Montgomery, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), so as to create an expense allowance for 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 repealing an Act creating a board of commissioners for Montgomery County and creating a new board of commissioners for the County of Montgomery, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), is hereby amended by adding to the end of section 10 the following: There is hereby created an expense fund, not to exceed $50.00 per month, from which the members of the board of commissioners may draw each month, for the purpose of reimbursing said members for expenses incurred in performing official duties. The said fund shall be available only upon the unanimous consent of the board of commissioners which consent must be renewed each January 1. All funds for the purposes set forth herein shall come from funds of Montgomery 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 1971 session of the General Assembly of Georgia, a bill to authorize the Board of Commissioners of Montgomery

Page 2492

County to have an expense allowance account and for other purposes. This 12th day of January 1971. L. L. Phillips Representative of 50th District Georgia, Fulton oCunty. 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 Montgomery Monitor which is the official organ of Montgomery County, on the following dates: January 15, 22, 29, 1971. /s/ L. L. Phillips Representative, 50th District Sworn to and subscribed before me, this 9th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires, Dec. 16, 1974. (Seal). Approved March 30, 1971. PIERCE COUNTYORDINARY PLACED ON SALARY, ETC.REFERENDUM. No. 200 (House Bill No. 454). An Act to abolish the present mode of compensating the Ordinary of Pierce County, known as the fee system; to

Page 2493

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 for a referendum; 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 Pierce 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 . The ordinary shall receive an annual salary of $6,000.00, payable in equal monthly installments from county funds. 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. 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. He shall, from time

Page 2494

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 said 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 to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. 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, uniforms, vehicles 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 Pierce County. Section 6 . It shall be the duty of the Ordinary of Pierce County to issue the call for an election for the purpose of submitting this Act to the voters of said County for approval or rejection. The Ordinary shall set the date of such election for Tuesday, November 7, 1972. 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 Pierce County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act placing the Ordinary of Pierce County on a salary of $6,000.00 per year in lieu of the fee system of compensation and providing for the appointment of deputies, clerks, assistants and other personnel with the approval of the Board of Commissioners of Pierce County, be approved? Referendum.

Page 2495

All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Pierce 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 pursuant to a resolution of the Board of Commissioners of Pierce County and the recommendations of the 1971 December Grand Jury of Pierce County, there will be introduced at the January 1971 Session of the General Assembly of Georgia, a bill to place the Ordinary of Pierce County on a salary basis in lieu of the fee system of compensation; to provide for all matters relative thereto; and for other purposes. Bobby Wheeler Representative, 57th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Wheeler who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Blackshear Times which is the official organ of Pierce

Page 2496

County, on the following dates: January 21, 28, February 4, 1971. /s/ Bobby Wheeler Representative, 57th District Sworn to and subscribed before me, this 10th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. PIERCE COUNTYREFERENDUMCHANGE OF SHERIFF'S, CHIEF DEPUTY SHERIFF'S AND DEPUTY SHERIFFS' SALARIES. No. 201 (House Bill No. 455). An Act to amend an Act placing the Sheriff of Pierce County on an annual salary, approved February 24, 1965 (Ga. L. 1965, p. 2071), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2570), and an Act approved March 21, 1968 (Ga. L. 1968, p. 2739), so as to change the compensation of the sheriff, the chief deputy sheriff, and deputy sheriffs of Pierce County; 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 placing the Sheriff of Pierce County on an annual salary, approved February 24, 1965 (Ga. L. 1965, p. 2071), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2570), and an Act approved

Page 2497

March 21, 1968 (Ga. L. 1968, p. 2739), is hereby amended by striking from section 2 the following: 7,200.00 and inserting in lieu thereof the following: 8,400.00, so that when so amended section 2 shall read as follows: Section 2. The Sheriff of Pierce County shall receive an annual salary of $8,400.00 per annum, payable in equal monthly installments from the funds of Pierce County. In addition to such salary, the sheriff shall also receive ten cents (.10) per mile for every mile traveled attending to official business, payable from the funds of Pierce County, for furnishing, maintaining, and operating his own automobile. The sheriff shall also receive such other expenses as he may incur and deem necessary in the discharge of the duties imposed upon him by law. Such mileage and expenses shall be paid monthly upon presentation of an itemized statement thereof to the governing authority of Pierce County. It is specifically provided that the salary and allowances provided herein for the sheriff shall be in lieu of all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies, salaries and all other emoluments and perquisites of whatever kind formerly allowed him as compensation for services in any capacity, including services as sheriff of the City Court of Blackshear. Section 2 . Said Act is further amended by striking from section 4 the following: 4,800.00 and inserting in lieu thereof the following: 6,000.00 and by striking the following: 4,200.00

Page 2498

and inserting in lieu thereof the following: 5,400.00, so that when so amended section 4 shall read as follows: Section 4. The sheriff shall have the authority to appoint two full-time deputies, one of whom shall be compensated in the amount of $6,000.00 per annum and one of whom shall be compensated in the amount of $5,400.00 per annum. Both full-time deputies shall be compensated in equal monthly installments from the funds of Pierce County. The sheriff shall also have the authority to appoint extra deputies and clerical personnel. However, the total compensation for all extra deputies and clerical personnel shall, in no event, exceed $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 persons who shall be employed as such full-time deputies, extra deputies, and clerical personnel, and to prescribe their duties and assignments and to remove or replace such full-time deputies, extra deputies, and clerical personnel at will and within his sole discretion. Section 3 . It shall be the duty of the Ordinary of Pierce County to issue the call for an election for the purpose of submitting this Act to the voters of said County for approval or rejection. The Ordinary shall set the date of such election for Tuesday, November 7, 1972. 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 Pierce County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act changing the compensation of the Sheriff of Pierce County from $7,200.00 per year to $8,400.00 per year and changing the compensation of one deputy from $4,800.00 per year to $6,000.00 per year and changing the compensation of the other deputy sheriff from $4,200.00 per year to $5,400.00 per year, be approved? Referendum.

Page 2499

All persons desiring to vote in favor of the Act shall vote Yes, and those person desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Pierce 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 Introduce Local Legislation. Notice is hereby given that pursuant to a resolution of the Board of Commissioners of Pierce County and the recommendations of the 1970 December Grand Jury of Pierce County, there will be introduced at the January 1971 Session of the General Assembly of Georgia, a bill to change the compensation of the Sheriff, Chief Deputy and Deputy Sheriff of Pierce County; and for other purposes. Bobby Wheeler Representative, 57th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Wheeler, who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Blackshear Times which is the official organ of

Page 2500

Pierce County, on the following dates: January 21, 28, February 4, 1971. /s/ Bobby Wheeler, Representative, 57th District Sworn to and subscribed before me, this 10th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. LAMAR COUNTYSHERIFF'S AND DEPUTIES' SALARIES, ETC. No. 202 (House Bill No. 456). An Act to amend an Act placing the sheriff of Lamar County upon an annual salary, approved March 10, 1965 (Ga. L. 1965, p. 2207), as amended by an Act approved April 25, 1969 (Ga. L. 1969, p. 3539), so as to provide that the sheriff shall be authorized to employ such number of other salaried deputies as the governing authority of Lamar County shall approve; to provide for such salaried deputies' compensation; to provide that the governing authority of Lamar County may increase the salaries of the sheriff and all salaried deputies and chief deputy under certain circumstances; to authorize the governing authority of Lamar County to expend funds for the payment of certain costs connected with the sheriff's office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 2501

Section 1 . An Act placing the sheriff of Lamar County upon an annual salary, approved March 10, 1965 (Ga. L. 1965, p. 2207), as amended by an Act approved April 25, 1969 (Ga. L. 1969, p. 3539), is hereby 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 Lamar County shall be authorized to appoint a salaried chief deputy sheriff to assist him in the performance of his duties and fix his compensation at not to exceed $450.00 per month. The sheriff shall also be authorized to appoint such other salaried deputies as the governing authority of Lamar County shall agree to. Such other salaried deputies shall receive such compensation as the governing authority of Lamar County shall provide, but no such salary shall be more than $425.00 per month. The compensation of such salaried deputies shall be paid from the funds of Lamar County on the first Tuesday of each month. Section 2 . Said Act is further amended by inserting between sections 4 and 5 and a new section to be known as section 4A and to read as follows: Section 4A. The governing authority of Lamar County shall be authorized to increase the compensation of the sheriff, chief deputy, and all salaried deputies above those figures specified above when in the judgment of the governing authority such increases are necessary in order to offset increased living costs of such personnel due to inflationary trends in the economy. Section 3 . 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. Said sheriff shall, at all times, be furnished at least two (2) serviceable police-type automobiles with all needed standard police equipment, including, but not limited to two-way radios, and the purchase and repair, replacement, maintenance, and operating expenses of said automobiles, shall be paid from the funds of Lamar County.

Page 2502

The necessary operating expenses of the sheriff's office, expressly including the compensation of all personnel and employees, shall be paid from the funds of the county. All supplies, materials, furnishings, furniture, utilities, uniforms, 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 the funds of the county. 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 1971 regular session of the General Assembly of Georgia a bill to allow the Lamar County Commissioners to increase the Lamar County, Georgia Sheriff's salary to meet his increased living expenses; and to allow more than one full time deputy sheriff to be employed in said Lamar County; and to fix the compensation of such deputies; and to allow the County Commissioners of Lamar County, Georgia to increase the Lamar County Chief Deputy Sheriff's salary to meet his increased living expenses; and to allow the Lamar County Commissioners to purchase uniforms, equipment and motor vehicles for the use of said Sheriff and his deputies; and for other purposes. This the 18th day of January, 1971. Marvin Adams 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, Fulton County. Personally appeared before me, the undersigned authority,

Page 2503

duly authorized to administer oaths, J. R. Smith, 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 News-Gazette, which is the official organ of Lamar County, on the following dates: January 21, 28, and February 4, 1971. /s/ J. R. Smith, Representative, 39th District Sworn to and subscribed before me, this 10th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. BIBB COUNTY SUPERIOR COURTTERMS FOR DRAWING GRAND JURIES CHANGED. No. 203 (House Bill No. 460). An Act to amend an Act fixing the terms of the Superior Court of Bibb County and providing for the drawing of Grand Juries, approved March 3, 1943 (Ga. L. 1943, p. 680), so as to change the terms for the drawing of Grand Juries; 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 terms of the Superior Court of Bibb County and providing for the drawing of Grand Juries, approved March 3, 1943 (Ga. L. 1943, p. 680), is

Page 2504

hereby amended by striking in its entirety section 4 and substituting in lieu thereof a new section 4 to read as follows: Section 4. A Judge of the Superior Court of Bibb County, Georgia shall draw a Grand Jury for the February and August terms of said Court, and, in his discretion, he may draw or require the attendance of a Grand Jury upon any or all other terms of said Court, or may call back the Grand Jury which was last drawn and impaneled, provided, that the Grand Jury which is now in attendance upon the present term of said Court and which is now serving shall continue to serve as the Grand Jury for said term until discharged by the presiding Judge. Grand jury. 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. This is a notice of intention to introduce bill in the General Assembly of Georgia to amend the act setting forth the number of Grand Juries to be called in Bibb Co. and the terms for which said Grand Juries shall be called. S. P. Brown 305 American Fed. Bldg. Macon, Ga. 31201 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Phillip Brown, 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: January 16, 23, 30, 1971. /s/ Phillip Brown Representative, 81st District, Post 2

Page 2505

Sworn to and subscribed before me, this 9th day of February, 1971. /s/ Rebecca Faulkner, Notary Public, Georgia State at Large. My Commission Expires Dec. 13, 1974. (Seal). Approved March 30, 1971. STATE COURT OF HALL COUNTYTERMS CHANGED AND INCREASED, ETC. No. 204 (House Bill No. 469). An Act to amend an Act establishing the State Court of Hall County (formerly the City Court of Hall County), approved August 14, 1891 (Ga. L. 1890-91, Vol. 2, p. 939), as amended, particularly by an Act approved July 29, 1912 (Ga. L. 1912, p. 237), an Act approved July 31, 1916 (Ga. L. 1916, p. 226), and an Act approved April 9, 1963 (Ga. L. 1963, p. 3229), so as to change and increase the terms of said Court; to change the compensation of the judge and solicitor of said Court; to provide for the filling of vacancies; to provide for an office for said judge and his powers, duties and authority; to provide for fees; to provide that there shall be no minimum jurisdictional amount; to provide for certain civil complaints and the trial thereof; to provide for juries; to provide for all matters relative thereto; 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 State Court of Hall County (formerly the City Court of Hall County), approved August 14, 1891 (Ga. L. 1890-91, Vol. 2, p. 939), as amended, particularly by an Act approved July 29, 1912

Page 2506

(Ga. L. 1912, p. 237), an Act approved July 31, 1916 (Ga. L. 1916, p. 226), and an Act approved April 9, 1963 (Ga. L. 1963, p. 3229), 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. There shall be a judge of said State Court, who shall be elected by the qualified voters of Hall County and who shall, after the first term of office hereinafter provided for, hold an office for the term of four years, and all vacancies in the office of judge, except as hereinafter provided, shall be filled by a special election called for that purpose, and any person so elected shall serve for the remainder of the unexpired term. The judge of said State Court shall receive a salary of $22,000 per annum, payable in equal monthly installments from the funds of Hall County. It shall be the duty of the Ordinary of Hall County, or other proper officer of said County to make provisions annually in levying taxes for this purpose. The qualifications of the judge of the State Court of Hall County shall be the same as those of a judge of the Superior Courts, and the laws prohibiting a Superior Court judge from engaging in the private practice of law shall be applicable to the judge of the State Court of Hall County. Section 2 . Said Act is further amended by striking from section 4 the following: $5,400.00, and inserting in lieu thereof the following: $9,000.00, and inserting at the end of said Section the following: All vacancies in the office of solicitor, except as hereinafter provided, shall be filled by special election called for that purpose, and any person so elected shall serve for the unexpired term of the solicitor whose office is vacant., so that when so amended, section 4 shall read as follows:

Page 2507

Section 4. There shall be a solicitor for said Court who shall have practiced law for two years, who shall be elected by the qualified voters of Hall County, whose term of office after the first term of office hereinafter provided for shall be for four years, whose salary shall be $9,000.00 per annum, payable monthly; the clerk and sheriff and their deputies of the Superior Court of Hall County shall be ex officio clerk, sheriff and deputies of said State Court, and for services rendered in said Court shall be entitled to the same fees as are allowed the solicitors-general and the clerks and sheriffs by law in the Superior Court, and discharge the same duties and shall be subject to the same obligations and penalties. All vacancies in the office of solicitor, except as hereinafter provided, shall be filled by special election called for that purpose, and any person so elected shall serve for the unexpired term of the solicitor whose office is vacant. Section 3 . 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. There shall be 12 terms of the State Court of Hall County each year, one term in each calendar month as fixed and established by the judge thereof in cooperation with the judges of the Superior Court of the Northeastern Judicial Circuit. Section 4 . Said Act is further amended by inserting therein a new section, to be known as section 3A, to read as follows: Section 3A. The judge of said court shall have an office provided for him in the Hall County Courthouse. Section 5 . Said Act is further amended by inserting therein a new section, to be known as section 1A, to read as follows: Section 1A. There shall be no minimum jurisdictional amount in said Court.

Page 2508

Section 6 . Said Act is further amended by inserting therein a new Section, to be known as section 15A, to read as follows: Section 15A. A party shall have the right to file a complaint in debt for any sum up to $750.00 upon a form which shall be furnished by and at the expense of the County. After said complaint is filled out and signed, it shall be filed and docketed, and shall be disposed of by trial without a jury, unless a jury trial be demanded in writing, at the time said complaint is filed with the clerk, or at the time the answer is filed thereto, if demanded by the defendant. In any case, the judge may in his discretion order a jury trial. Section 7 . Said Act is further amended by inserting therein a new section, to be known as section 9A, to read as follows: Section 9A. The trial of all other civil cases, except those enumerated in Section 15A, shall be tried by a jury of six, unless there is a written demand for a jury of twelve filed at the time of filing the complaint, or at the time the answer is filed, if demanded by the defendant. The parties, or their attorneys may, by agreement waive the right to a trial by jury. Section 8 . Said Act is further amended by striking section 4 of the amendatory Act, approved July 29, 1912 (Ga. L. 1912, p. 237), in its entirety. Section 9 . Said Act is further amended by striking section 4 of the amendatory Act, approved July 31, 1916 (Ga. L. 1916, p. 226), in its entirety. Section 10 . This Act shall become effective on April 1, 1971. Effective date. Section 11 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2509

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1971 Session of the General Assembly of Georgia, a bill to amend an Act creating the City Court (now State Court) of Hall County, as amended April 9, 1963, Ga. L. 1963, page 3229, so as to increase the number of terms thereof, to change the compensation of the judge and solicitor of said Court, and provide for the filling of vacancies in office, and for other purposes. This 21st day of December, 1970. W. M. Williams, Representative Joe T. Wood, Representative Doug Whitmire, Representative elect Howard T. Overby, State Senator elect 49th Senatorial District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Doug Whitmire, 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 Gainesville Tribune, which is the official organ of Hall County, on the following dates: December 22, 30, 1970, January 6, 1971. /s/ Doug Whitmire, Representative, 11th District

Page 2510

Sworn to and subscribed before me, this 9th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. CITY OF DECATURCHARTER AMENDEDMAXIMUM TAX LEVY FOR SCHOOLS CHANGED. No. 205 (House Bill No. 477). An Act to amend an Act creating and establishing a new charter and municipal government for the Town of Decatur (now City of Decatur) in the county of DeKalb, approved August 17, 1909 (Ga. L. 1909, p. 757), as amended, particularly by an Act approved February 14, 1957 (Ga. L. 1957, p. 2089) and an Act approved March 17, 1960 (Ga. L. 1960, p. 2979), so as to change the provisions relative to the maximum tax levy for school purposes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating and establishing a new charter and municipal government for the Town of Decatur (now City of Decatur) in the county of DeKalb, approved August 17, 1909 (Ga. L. 1909, p. 757), as amended, particularly by an Act approved February 14, 1957 (Ga. L. 1957, p. 2089) and an Act approved March 17, 1960 (Ga. L. 1960, p. 2979), is hereby amended by striking from the second paragraph of section 46 the following: two per centum, and inserting in lieu thereof the following: two and one-half percentum, so that when so amended, the second paragraph of section 46 shall read as follows:

Page 2511

The city commissioners shall levy and collect such ad valorem tax upon all the property in said city subject to taxation as will be sufficient, when added to the sum received from the State common school fund, and any other educational funds as may come into the hands of the board of education, to support and maintain said public schools for at least nine scholastic months in each year; provided, that said school tax shall not exceed two and one-half percentum upon said taxable property. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, DeKalb County. Notice is hereby given that I intend to apply for the passage of legislation at the next session of the General Assembly of Georgia to convene in January, 1971, to amend the Charter of the City of Decatur, the title of such bill or bills to be substantially as follows: An Act to amend an Act establishing a new Charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof so as to authorize a tax levy not exceeding $2.50 on the $100.00 for the maintenance of public schools of said City, and for other purposes. William H. Breen, Jr., Chairman, Decatur City Commission 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

Page 2512

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 December 31, 1970, January 7, and January 14, 1971. /s/ Britt Fayssoux Sworn to and subscribed before me, this 14th day of January, 1971. /s/ Carol E. Wheeler, Notary Public, Georgia, State at Large. My Commission Expires Feb. 21, 1971. (Seal). Approved March 30, 1971. CITY OF COLLEGE PARKCHARTER AMENDED. No. 206 (House Bill No. 493). 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) and the several Acts amendatory thereof, so as to amend the City limit boundary along Riverdale Road; 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) and the several Acts amendatory thereof, is hereby amended to provide that the corporate limits shall include the following:

Page 2513

All that tract or parcel of land lying and being in Land Lots 71 and 72 of the 13th District of Clayton County, Georgia and more particularly described as follows: BEGINNING at the intersection of the Southern right-of-way of the Service Road on I 285 and the Western right-of-way of Riverdale Road; thence S 10 48[UNK] E a distance of (200[UNK]) feet along Riverdale Road to a point; thence S 16 10[UNK] E a distance of 75[UNK] feet along Riverdale Road to a point; thence S 20 12[UNK] E a distance of 50 feet along Riverdale Road to a point; thence S 21 31[UNK] East a distance of 50 feet along Riverdale Road to a point; thence S 15 39[UNK] E a distance of 107.65 feet to a point on the West right-of-way of Riverdale Road; thence S 51 42[UNK] W a distance of 435.79 feet to a point; thence N 88 55[UNK] W a distance of 1151.69 feet to a point; thence N 1 15[UNK] E a distance of 773.20 feet to a point on the South right-of-way of the service road on I 285; thence S 87 19[UNK] E a distance of 425.00 feet along the service road to a point; thence N 88 29[UNK] E a distance of 296.90 feet along the service road to a point; thence N 88 42[UNK] E a distance of 639.82 feet along the service road to a point; thence S 58 18[UNK] E a distance of 76.05 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 Apply for Local Legislation. Notice is hereby given that the City of College Park intends to apply for passage of local legislation at the 1971 Session of the General Assembly of Georgia, convening in January, 1971, to amend Ga. L. 1895, p. 251, and all acts amendatory thereof, establishing the City of College Park; to provide for changes and/or amendments establishing and regulating the corporate powers provided in the Charter of the City of College Park; to amend the corporate limits of the City of College Park; to authorize the City of College Park to make a census recount of the residents and that said recount be recognized by the State of Georgia as the

Page 2514

official census of the City of College Park; and for other reasons. George E. Glaze, City Attorney of the City of College Park, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lamar Dailey 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, which is the official organ of Clayton County, on the following dates: January 15, 22, 29, 1971. /s/ Lamar D. Northcutt Representative, 21st District Sworn to and subscribed before me, this 11th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. EMANUEL COUNTYCOMPENSATION OF COMMISSIONERS CHANGED. No. 207 (House Bill No. 494). An Act 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, particularly

Page 2515

by an Act approved February 26, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2675), so as to change the compensation of the commissioners; to change the provisions relating to expenses; to remove the provisions authorizing the purchase of an automobile; 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 Emanuel County, approved August 18, 1919 (Ga. L. 1919, p. 646), as amended, particularly by an Act approved February 26, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2675), is hereby amended by striking section 14 in its entirety and inserting in lieu thereof a new section 14 to read as follows: Section 14. Be it further enacted that each member of the board shall be compensated in the amount of twenty four hundred dollars ($2,400) per annum to be paid in equal monthly installments. Each member shall be reimbursed for actual expenses incurred while on official business of the board outside Emanuel County. All beforesaid amounts shall be paid by the treasurer of the County on an order of the board signed by the chairman and the clerk. The commissioners shall be exempt from road, jury and military duty and shall be subject to prosecution for malpractice in office in the same manner as justices of the peace. 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 at the 1971 session of the General Assembly of Georgia, a bill will be introduced so

Page 2516

as to amend the law creating the Board of Roads and Revenue Commissioners of Emanuel County so as to amend that portion relating to the salary of the Commissioners. This 30th day of December, 1970. Elmo Blackburn, Clerk, Board of Roads and Revenue Commissioners of Emanuel County. Georgia, Emanuel County. Personally appeared before me, the undersigned officer duly authorized to administer oaths, came William Rogers, who after first being duly sworn, deposes and says that he is President of the Forest Blade Publishing Company, Inc., a Georgia corporation organized under the laws of the State of Georgia. Deponent further states that said publishing company, of which he is President, publishes the Swainsboro Forest Blade, a newspaper published in Swainsboro, Emanuel County, Georgia, which is the newspaper in which sheriff's advertisements for Emanuel County are published; and he does further certify that an exact copy of the attached and foregoing notice was published in the Swainsboro Forest Blade, official organ of said Emanuel County, Georgia, on the following dates, to-wit: January 6, 1971; January 13, 1971; January 20, 1971. /s/ William C. Rogers President, Forest Blade Publishing Company, Inc. Sworn to and subscribed before me, this 10th day of February, 1971. /s/ Loren Gary, Notary Public. Approved March 30, 1971.

Page 2517

CITY OF TWIN CITYCHARTER AMENDED. No. 208 (House Bill No. 495). An Act to amend an Act incorporating the City of Twin City in Emanuel County, approved August 9, 1920 (Ga. L. 1920, p. 1658), as amended by an Act approved August 14, 1925 (Ga. L. 1925, p. 1514), an Act approved March 28, 1935 (Ga. L. 1935, p. 1211), an Act approved February 25, 1949 (Ga. L. 1949, p. 1862), an Act approved March 9, 1959 (Ga. L. 1959, p. 2592) and an Act approved March 21, 1968 (Ga. L. 1968, p. 2511), so as to provide that commissioners of the City of Twin City shall be elected by the voters of the entire city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act incorporating the City of Twin City in Emanuel County, approved August 9, 1920 (Ga. L. 1920, p. 1658), as amended by an Act approved August 14, 1925 (Ga. L. 1925, p. 1514), an Act approved March 28, 1935 (Ga. L. 1935, p. 1211), an Act approved February 25, 1949 (Ga. L. 1949, p. 1862), an Act approved March 9, 1959 (Ga. L. 1959, p. 2592) and an Act approved March 21, 1968 (Ga. L. 1968, p. 2511), is hereby amended by striking from section 12L the second paragraph as follows: All candidates for the office of Mayor shall be elected by the voters of the entire City of Twin City and must obtain a plurality of the votes cast in any election to be elected. All candidates for the office of commissioner shall be elected by the voters of the City who reside within the ward to be represented by the candidate, and the candidate must obtain a plurality of the votes cast in any election to be elected., and inserting in lieu thereof a new paragraph to read as follows: All candidates for the office of Mayor and for the office of commissioner shall be elected by the voters of the entire

Page 2518

City of Twin City and must obtain a plurality of the votes cast in any election to be elected. Candidates for the office of commissioner must reside in the ward they seek to represent. 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 application to amend an act of incorporating the City of Twin City, Georgia, approved August 9, 1920, as amended will be introduced at the 1971 session of The General Assembly of Georgia, so as to change the manner in which the city council is elected and for other purposes. This 12th day of January, 1971. /s/ Belle B. Wheatley, Clerk. Georgia, Emanuel County. Personally appeared before me, the undersigned officer duly authorized to administer oaths, came William Rogers, who after first being duly sworn, deposes and says that he is President of the Forest Blade Publishing Company, Inc., a Georgia corporation organized under the laws of the State of Georgia. Deponent further states that said publishing company, of which he is President, publishes the Swainsboro Forest Blade, a newspaper published in Swainsboro, Emanuel County, Georgia, which is the newspaper in which sheriff's advertisements for Emanuel County are published; and he does further certify that an exact copy of the attached and foregoing notice was published in the Swainsboro Forest Blade, official organ of said Emanuel County, Georgia, on the following dates, to-wit: January 13, 1971; January 20th, 1971 and January 27, 1971. /s/ William C. Rogers President, Forest Blade Publishing Company, Inc.

Page 2519

Sworn to and subscribed before me, this 10th day of February, 1971. /s/ Loren Gary, Notary Public. Approved March 30, 1971. WARREN COUNTYCOUNTY POLICEMAN AUTHORIZED. No. 209 (House Bill No. 498). An Act to authorize and direct the governing authority of Warren County to employ a full-time county policeman who shall have such powers as sheriffs now have, who shall be compensated and provided an automobile at county expense; to provide for qualifications; to prohibit certain automobiles from possessing any emblem, insignia or other designation that they are official police, sheriff's or deputy's automobiles; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The governing authority of Warren County is hereby authorized and directed to employ a male county policeman on a full-time basis and to compensate him with an annual salary of $5,200.00. The said county policeman shall possess the same power to make arrests and to execute and return all criminal warrants and processes, in the county of his employment only, as sheriffs now have. The said county policeman shall meet the specifications provided in the Georgia Peace Officers Standards and Training Act, approved March 10, 1970 (Ga. L. 1970, p. 208), and he shall serve at the pleasure of the governing authority of Warren County. The said county policeman shall meet all the requirements of and be entitled to all the benefits of Code Chapter 23-14, relating to county police, as amended.

Page 2520

Section 2 . The county policeman shall be furnished, at county expense, a patrol car, plus all travel, maintenance and gasoline expenses incurred on official county business, subject to approval of the governing authority of the county, which automobile shall meet all specifications of automobiles furnished to officers of the Georgia State Patrol, except for color, which shall be green. The said automobile shall contain a sign on both sides and at the rear stating the following Warren County Police, and a designation or insignia prepared or selected by the governing authority of Warren County. Section 3 . No automobile in Warren County shall be permitted to contain any emblem, insignia or other official-looking designation that gives the impression that the automobile is an official police or sheriff's or deputy sheriff's automobile, except for the automobile used by the sheriff of Warren County on his official business, the aforesaid county police automobile, and any other official police, sheriff's or deputy sheriff's automobile which may hereafter be purchased by the county for official law enforcement purposes. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Bill Affecting Local Legislation. Notice is hereby given that there will be introduced in the 1971 session of the Georgia General Assembly a bill to amend the governing legislation so as to authorize the proper authorities to grant an increase in the present annual salary for each of the following Warren County officials: Commissioner of Roads and Revenues from $4800.00 to $8400.00; Clerk of Commissioner of Roads and Revenues from $2400.00 to $3640.00; Clerk of Superior Court from $5600.00 to $7200.00; Ordinary from $5600.00 to $7200.00, and Sheriff from $6100.00 to $7200.00. The County Treasurer's salary is to remain at $1500.00; travel expense for Commissioner will continue at $1500.00; and travel expense for the Sheriff will continue at $1500.00.

Page 2521

Also included in this Bill will be the proper legislation required to abolish the present office of Deputy Sheriff and its annual salary of $500.00, and provide for the hiring of a male Deputy Sheriff or County Policeman on a full time basis with an annual salary of $5200.00 plus $1000.00 travel expenses or vehicle and expenses furnished by Warren County. Said salary increases, when proposed legislation is passed, are to be effective January 1, 1971. /s/ Glenn S. Phillips Representative, Post No. 1, District 29 Bobby W. Johnson Representative, Post No. 2, District 29 /s/ Sam P. McGill Senator, District 24 Georgia, Warren County. To whom it may concern: This is to certify that the legal notice attached hereto has been published in the Warrenton Clipper, legal organ for Warren County, the following dates, to-wit: January 8, 1971; January 15, 1971; January 22, 1971; January 29, 1971. Sworn to on the 29th day of January, 1971. /s/ Alva L. Haywood, Publisher Sworn to and subscribed to before me, on the 29th day of January, 1971. /s/ Latrelle S. Smith, Notary Public. My Commission Expires May 13, 1973. Approved March 30, 1971.

Page 2522

WARREN COUNTYCLERK'S COMPENSATION No. 210 (House Bill No. 499). An Act to amend an Act placing the clerk of the superior court of Warren County on a salary in lieu of a fee system of compensation, approved March 11, 1963 (Ga. L. 1963, p. 2164), so as to change the compensation 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 placing the clerk of the superior court of Warren County on a salary in lieu of a fee system of compensation, approved March 11, 1963 (Ga. L. 1963, p. 2164), is hereby amended by striking section 1 in its entirety and by inserting in lieu thereof a new section 1 to read as follows: Section 1. The compensation of the clerk of the superior court of Warren County is hereby placed on a salary basis in lieu of a fee basis. The clerk shall be compensated in the amount of six thousand six hundred dollars ($6,600.00) per annum, payable in equal monthly installments, from the funds of Warren County. In addition, he shall continue to receive the $50.00 per month salary supplement provided for by an Act approved March 17, 1967 (Ga. L. 1967, p. 2168). Such compensation shall be paid in lieu of all fees, costs, fines 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, fines, 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 Warren County, and shall be the property of Warren County. Such funds shall be held as public funds, belonging to Warren County, and shall be accounted for and paid to the fiscal authority of Warren County by the fifteenth day of every month for the immediately preceding month.

Page 2523

Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Bill Affecting Local Legislation. Notice is hereby given that there will be introduced in the 1971 session of the Georgia General Assembly a bill to amend the governing legislation so as to authorize the proper authorities to grant an increase in the present annual salary for each of the following Warren County officials: Commissioner of Roads and Revenues from $4800.00 to $8400.00; Clerk of Commissioner of Roads and Revenues from $2400.00 to $3640.00; Clerk of Superior Court from $5600.00 to $7200.00; Ordinary from $5600.00 to $7200.00, and Sheriff from $6100.00 to $7200.00. The County Treasurer's salary is to remain at $1500.00; travel expense for Commissioner will continue at $1500.00; and travel expense for the Sheriff will continue at $1500.00. Also included in this Bill will be the proper legislation required to abolish the present office of Deputy Sheriff and its annual salary of $500.00, and provide for the hiring of a male Deputy Sheriff or County Policeman on a full time basis with an annual salary of $5200.00 plus $1000.00 travel expenses or vehicle and expenses furnished by Warren County. Said salary increases, when proposed legislation is passed, are to be effective January 1, 1971. /s/ Glenn S. Phillips Representative, Post No. 1, District 29 /s/ Bobby W. Johnson Representative, Post No. 2, District 29 /s/ Sam P. McGill Senator, District 24

Page 2524

Georgia, Warren County. To whom it may concern: This is to certify that the legal notice attached hereto has been published in the Warrenton Clipper, legal organ for Warren County, the following dates, to-wit: January 8, 1971; January 15, 1971; January 22, 1971; January 29, 1971. Sworn to on the 29th day of January, 1971. /s/ Alva L. Haywood Publisher Sworn to and subscribed to before me, on the 29th day of January, 1971. /s/ Latrelle S. Smith, Notary Public. My Commission Expires May 13, 1973. Approved March 30, 1971. WARREN COUNTYSHERIFF'S COMPENSATION CHANGED. No. 211 (House Bill No. 500). An Act to amend an Act placing the sheriff of Warren County on a salary in lieu of a fee system of compensation, approved March 11, 1963 (Ga. L. 1963, p. 2160), so as to change the compensation of the sheriff; to delete the authority of the sheriff to have and compensate a 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 Warren County on a salary in lieu of a fee system of compensation, approved

Page 2525

March 11, 1963 (Ga. L. 1963, p. 2160), is hereby amended by striking section 1 in its entirety and by inserting in lieu thereof a new section 1, to read as follows: Section 1. The compensation of the sheriff of Warren County is hereby placed on a salary basis in lieu of a fee basis. The sheriff shall be compensated in the amount of six thousand six hundred dollars ($6,600.00) per annum, to be paid in equal monthly installments from the funds of Warren County, and in addition thereto, the sheriff shall continue to receive the regular fees for boarding prisoners and turnkey fees and the $50.00 per month supplemental salary provided for by an Act approved March 17, 1967 (Ga. L. 1967, p. 2168), and the fifteen hundred dollar ($1,500.00) expense allowance authorized by section 4. Such compensation shall be paid in lieu of all fees, costs, fines, and perquisites of whatever kind heretofore received by the sheriff. All fees, costs, fines, and other perquisites of whatever kind as are now or may hereafter be allowed by law to be received or collected by the sheriff shall be collected by him for the sole use of Warren County and shall be the property of Warren County. Such funds shall be held as public funds belonging to Warren County, and shall be accounted for and paid to the fiscal authority of Warren County by the fifteenth day of every month for the immediately preceding month. Section 2 . Said Act is further amended by striking section 3 in its entirety and by inserting in lieu thereof a new section 3 which shall read as follows: Section 3. The sheriff shall not be authorized to have a deputy at county expense. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Bill Affecting Local Legislation. Notice is hereby given that there will be introduced in the 1971 session of the Georgia General Assembly a bill to

Page 2526

amend the governing legislation so as to authorize the proper authorities to grant an increase in the present annual salary for each of the following Warren County officials: Commissioner of Roads and Revenues from $4800.00 to $8400.00; Clerk of Commissioner of Roads and Revenues from $2400.00 to $3640.00; Clerk of Superior Court from $5600.00 to $7200.00; Ordinary from $5600.00 to $7200.00, and Sheriff from $6100.00 to $7200.00. The County Treasurer's salary is to remain at $1500.00; travel expense for Commissioner will continue at $1500.00; and travel expense for the Sheriff will continue at $1500.00. Also included in this Bill will be the proper legislation required to abolish the present office of Deputy Sheriff and its annual salary of $500.00, and provide for the hiring of a male Deputy Sheriff or County Policeman on a full time basis with an annual salary of $5200.00 plus $1000.00 travel expenses or vehicle and expenses furnished by Warren County. Said salary increases, when proposed legislation is passed, are to be effective January 1, 1971. /s/ Glenn S. Phillips Representative, Post No. 1, District 29 /s/ Bobby W. Johnson Representative, Post No. 2, District 29 /s/ Sam P. McGill Senator, District 24 Georgia, Warren County. To whom it may concern: This is to certify that the legal notice attached hereto has been published in the Warrenton Clipper, legal organ for Warren County, the following dates, to-wit: January 8, 1971; January 15, 1971; January 22, 1971; January 29, 1971.

Page 2527

Sworn to on the 29th day of January, 1971. /s/ Alva L. Haywood Publisher Sworn to and subscribed to before me, on the 29th day of January, 1971. /s/ Latrelle S. Smith, Notary Public. My Commission Expires May 13, 1973. Approved March 30, 1971. WARREN COUNTYCOMPENSATION OF ORDINARY CHANGED. No. 212 (House Bill No. 501). An Act to amend an Act providing for the compensation of the ordinary of Warren County, approved February 9, 1949 (Ga. L. 1949, p. 411), as amended, particularly by an Act approved March 11, 1963 (Ga. L. 1963, p. 2166), so as to change the compensation of the ordinary; 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 ordinary of Warren County, approved February 9, 1949 (Ga. L. 1949, p. 411), as amended, particularly by an Act approved March 11, 1963 (Ga. L. 1963, p. 2166), is hereby amended by striking section 2 in its entirety and by inserting in lieu thereof a new section 2 which shall read as follows: Section 2. The compensation of the ordinary shall be a salary of $6,600.00 per year, to be paid in equal monthly installments from funds of Warren County. This compensation is expressly in addition to that provided for in an Act

Page 2528

approved March 17, 1967 (Ga. L. 1967, p. 2168), which Act grants the ordinary a supplemental salary of $50.00 per month. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Bill Affecting Local Legislation. Notice is hereby given that there will be introduced in the 1971 session of the Georgia General Assembly a bill to amend the governing legislation so as to authorize the proper authorities to grant an increase in the present annual salary for each of the following Warren County officials; Commissioner of Roads and Revenues from $4800.00 to $8400.00; Clerk of Commissioner of Roads and Revenue from $2400.00 to $3640.00; Clerk of Superior Court from $5600.00 to $7200.00; Ordinary from $5600.00 to $7200.00, and Sheriff from $6100.00 to $7200.00. The County Treasurer's salary is to remain at $1500.00; travel expense for Commissioner will continue at $1500.00; and travel expense for the Sheriff will continue at $1500.00. Also included in this Bill will be the proper legislation required to abolish the present office of Deputy Sheriff and its annual salary of $500.00, and provide for the hiring of a male Deputy Sheriff or County Policeman on a full time basis with an annual salary of $5200.00 plus $1000.00 travel expenses or vehicle and expenses furnished by Warren County. Said salary increases, when proposed legislation is passed, are to be effective January 1, 1971. /s/ Glenn S. Phillips Representative, Post No. 1, District 29 /s/ Bobby W. Johnson Representative, Post No. 2, District 29 /s/ Sam P. McGill Senator, District 24

Page 2529

Georgia, Warren County. To whom it may concern: This is to certify that the legal notice attached hereto has been published in the Warrenton Clipper, legal organ for Warren County, the following dates, to-wit: January 8, 1971, January 15, 1971, January 22, 1971, January 29, 1971. Sworn to on the 29th day of January, 1971. /s/ Alva L. Haywood Publisher Sworn to and subscribed to before me, on the 29th day of January, 1971. /s/ Latrelle S. Smith, Notary Public. My Commission expires May 13, 1973. Approved March 30, 1971. WARREN COUNTYCOMPENSATION OF COMMISSIONER CHANGED. No. 213 (House Bill No. 502). An Act to amend an Act creating a commissioner of roads and revenues of Warren County, approved August 7, 1925 (Ga. L. 1925, p. 789), as amended, particularly by an Act approved February 26, 1962 (Ga. L. 1962, p. 2277), so as to change the compensation of the commissioner of Warren County and the compensation of his clerk; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a commissioner of roads and revenues of Warren County, approved August 7, 1925 (Ga.

Page 2530

L. 1925, p. 789), as amended, particularly by an Act approved February 26, 1962 (Ga. L. 1962, p. 2277), 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 annual salary of the commissioner shall be $7,800.00, to be paid in equal monthly installments from funds of Warren County, to be paid by warrants on the county treasurer and signed as other warrants. The commissioner shall also be entitled to the sum of $1,500.00 for automobile and other county business expenses, to be paid similarly, and the commissioner shall be authorized to pay a clerk a sum not to exceed $3,400.00 per annum, to be paid monthly by warrants on the county treasurer drawn and signed as other warrants are drawn and signed. These salaries and expenses are expressly in addition to those provided by an Act approved March 17, 1967 (Ga. L. 1967, p. 2168), which provides for a supplementary salary of $50.00 per month for the commissioner and the same for his clerk. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Bill Affecting Local Legislation. Notice is hereby given that there will be introduced in the 1971 session of the Georgia General Assembly a bill to amend governing legislation so as to authorize the proper authorities to grant an increase in the present annual salary for each of the following Warren County officials; Commissioner of Roads and Revenues from $4800.00 to $8400.00; Clerk of Commissioner of Roads and Revenues from $2400.00 to $3640.00; Clerk of Superior Court from $5600.00 to $7200.00; Ordinary from $5600.00 to $7200.00, and Sheriff from $6100.00 to $7200.00. The County Treasurer's salary is to remain at $1500.00; travel expense for Commissioner will continue at $1500.00; and travel expense for the Sheriff will continue at $1500.00. Also included in this Bill will be the proper legislation required

Page 2531

to abolish the present office of Deputy Sheriff and its annual salary of $500.00, and provide for the hiring of a male Deputy Sheriff or County Policeman on a full time basis with an annual salary of $5200.00 plus $1000.00 travel expenses or vehicle and expenses furnished by Warren County. Said salary increases, when proposed legislation is passed, are to be effective January 1, 1971. /s/ Glenn S. Phillips Representative, Post No. 1, District 29 /s/ Bobby W. Johnson Representative, Post No. 2, District 29 /s/ Sam P. McGill Senator, District 24 Georgia, Warren County. To whom it may concern: This is to certify that the legal notice attached hereto has been published in the Warrenton Clipper, legal organ for Warren County, the following dates, to-wit: January 8, 1971, January 15, 1971, January 22, 1971, January 29, 1971. Sworn to on the 29th day of January, 1971. /s/ Alva L. Haywood Publisher Sworn to and subscribed to before me, on the 29th day of January, 1971. /s/ Latrelle S. Smith, Notary Public. My Commission expires May 13, 1973. Approved March 30, 1971.

Page 2532

COLUMBUSCHARTER AMENDED. STATE COURT OF COLUMBUS CREATED. No. 214 (House Bill No. 505). An Act to amend the Charter of Columbus, Georgia redesignating the name of the city court of Columbus, Georgia, to the State Court of Columbus, Georgia; 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, as follows: Section 1 . That Article V, Chapter 3 of the Charter of Columbus, Georgia, be redesignated as Chapter 3State Court. Section 2 . That section 5-300 of the Charter of Columbus, Georgia, be and the same is hereby amended by deleting said section in its entirety and substituting in lieu thereof a new section 5-300 to read as follows: Sec. 5-300. Redesignation . The city court of Columbus, created by an Act of the General Assembly of Georgia, approved December 20, 1884 (Ga. L. 1884-85, p. 455, et seq.), as now or hereafter amended, and which by the Charter of the consolidated government of Columbus, Georgia, was named `City Court of Columbus, Georgia', shall be and is hereby designated as `State Court of Columbus, Georgia', and wherever the term `City Court of Columbus' shall appear in said Act and all amendatory acts thereof, it shall be construed to mean the State Court of Columbus, Georgia. Section 3 . That all laws and parts of laws in conflict herewith are hereby repealed. Section 4 . That there is hereby attached and made a part hereof, a copy of the Notice of Intention to Apply for enactment hereof, with the certificate of the publisher of

Page 2533

the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for three weeks during a period of sixty days immediately preceding the introduction of this Bill. Notice of Intent to Introduce Local Legislation. Notice is hereby given that I intend to introduce legislation amending the charter of Columbus, Georgia and for other purposes. Earl T. Davis (LS) Representative District 86, Post 1, Georgia General Assembly Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and County, Maynard R. Ashworth, who on oath certifies that he is the publisher of The Columbus Ledger, the newspaper published in Columbus, Georgia, 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: December 28, 1970, January 4, 1971 and January 11, 1971. /s/ Maynard R. Ashworth Sworn to and subscribed before me, this the 22nd day of January, 1971. /s/ Trudy Moody, Notary Public, Muscogee County, Georgia My Commission Expires Feb. 22, 1972. (Seal). Approved March 30, 1971.

Page 2534

SUMTER COUNTYCOMPENSATION OF COMMISSIONER CHANGED. No. 215 (House Bill No. 520). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Green, approved December 13, 1871 (Ga. L. 1871-72, p. 225), as amended, particularly by an Act approved February 14, 1957 (Ga. L. 1957, p. 2086), and an Act approved February 26, 1962 (Ga. L. 1962, p. 2255), so as to change the compensation of the Chairman and the other Commissioners of the Board of Commissioners of Roads and Revenues of Sumter 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 a Board of Commissioners of Roads and Revenues for the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Green, approved December 13, 1871 (Ga. L. 1871-72, p. 225), as amended, particularly by an Act approved February 14, 1957 (Ga. L. 1957, p. 2086), and an Act approved February 26, 1962 (Ga. L. 1962, p. 2255), is hereby amended by striking from section 1 the following: eighteen hundred dollars ($1,800.00) and inserting in lieu thereof the following: twenty-seven hundred dollars ($2,700.00), and by striking the following: twelve hundred ($1,200.00), and inserting in lieu thereof the following: eighteen hundred dollars ($1,800.00), so that when so amended section 1 shall read as follows:

Page 2535

Section 1. The Chairman of the Board of Commissioners of Roads and Revenues for Sumter County, Georgia, shall be paid a salary of twenty-seven hundred dollars ($2,700.00) per annum and each of the other Commissioners shall be paid a salary of eighteen hundred dollars ($1,800.00) per annum from the Treasury of said County for their services as such Commissioners of Roads and Revenues. The salary shall be paid each member in monthly installments. 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. Legal. At the unanimous request of five County Commissioners of Sumter County, we, the undersigned, are introducing in the 1971 term of the General Assembly, the following legislation to provide: That the salary of the Chairman of the Sumter County Commission be increased from $1,800 to $2,700 annually. That each of the remaining four members of the Sumter County Commission receive a salary increase from the present $1,200 to $1,800 annually. That the increase become effective the first day of the month following signature of the governor on the measure or in the month in which the bill automatically becomes law without being signed by the governor. Rep. Janet Merritt Rep.-elect Oliver Oxford State Sen. Hugh Carter

Page 2536

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 Time-Recorder which is the official organ of Sumter County, on the following dates: January 5, 12, 19, 1971. /s/ Janet S. Merritt Representative, 46th District Sworn to and subscribed before me, this 10th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. CITY OF SPARTACHARTER AMENDED. No. 216 (House Bill No. 529). An Act to amend an Act reincorporating the City of Sparta, in the County of Hancock, approved April 10, 1968 (Ga. L. 1968, p. 3555) so as to change the maximum ad valorem tax rate; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act reincorporating the City of Sparta, in the County of Hancock, approved April 10, 1968 (Ga.

Page 2537

L. 1968, p. 3555), is hereby amended by striking from section 5.07 the following: $1.00 per $100.00 and inserting in lieu thereof the following: $1.50 per $100.00, so that when so amended section 5.07 shall read as follows: Section 5.07. Tax Levy. Be it further enacted, that the mayor and council shall make a tax levy, expressed as a fixed rate per one hundred ($100.00) dollars, 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 of the new fiscal year. Provided, however, that the tax rate shall not exceed $1.50 per $100.00 of assessed valuation in addition to any levy made for the purpose of retiring bonds. 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 1971 Session of the General Assembly of Georgia, a bill to amend the charter of the City of Sparta so as to change the tax millage rate; and for other purposes. This 14th day of January, 1971. Charles M. Hudson Representative, 28th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles H. Hudson

Page 2538

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 Sparta Ishmaelite which is the official organ of Hancock County, on the following dates: January 21, 28 and February 4, 1971. /s/ Charles M. Hudson Representative, 28th District Sworn to and subscribed before me, this 12th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. HALL COUNTYCOMPENSATION OF SHERIFF, CLERKS OF SUPERIOR AND STATE COURT AND ORDINARY CHANGED. No. 217 (House Bill No. 538). An Act to amend an Act placing the Sheriff, the Clerk of the Superior Court and Clerk of the City Court (now the State Court) and the Ordinary of Hall County on an annual salary in lieu of the fee system of compensation, approved March 4, 1955 (Ga. L. 1955, p. 2627), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2118), so as to change the compensation of the Sheriff, the Clerk of the Superior Court and Clerk of the City Court (now the State Court) and the Ordinary of Hall County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 2539

Section 1 . An Act placing the Sheriff, the Clerk of the Superior Court and Clerk of the City Court (now the State Court) and the Ordinary of Hall County on an annual salary in lieu of the fee system of compensation, approved March 4, 1955 (Ga. L. 1955, p. 2627), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2118), 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 Hall County shall be paid a salary of $14,500.00 per year by Hall County in equal monthly installments at the end of each calendar month. The Clerk of the Superior Court of Hall County and the Clerk of the City Court (now the State Court) of Hall County (who shall be one office-holder with one salary) shall be paid a salary of $14,000.00 per year by Hall County, in equal monthly installments at the end of each calendar month. The Ordinary of Hall County shall be paid a salary of $14,000.00 per year by Hall County, in equal monthly installments at the end of each calendar 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 1971 session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff, the clerk of the superior court and the clerk of the city court and the ordinary of Hall County on an annual salary in lieu of the fee system of compensation, approved March 4, 1955 (Ga. L. 1955, p. 2627) as amended February 28, 1966, (1966 Ga. L. p. 2118), so as to change the provisions relative to the compensation

Page 2540

of the sheriff, the clerk of the superior court and the clerk of the city court of Hall County and the ordinary of Hall County, and for other purposes. This 21st day of December 1970. W. M. Williams Representative Joe T. Wood Representative Doug Whitmire Representative elect Howard T. Overby State Senator elect, 49th Senatorial District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Doug Whitmire 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 Gainesville Tribune which is the official organ of Hall County, on the following dates: December 22, 30, 1970; January 6, 1971. /s/ Doug Whitmire Representative, 11th District Sworn to and subscribed before me, this 9th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971.

Page 2541

HALL COUNTYTAX COMMISSIONER'S COMPENSATION CHANGED. No. 218 (House Bill No. 539). An Act to amend an Act consolidating the office of Tax Collector of Hall County and the office of Tax Receiver of Hall County into the single office of Tax Commissioner of Hall County, approved March 7, 1955 (Ga. L. 1955, p. 3038), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2179), so as to change the compensation of the Tax Commissioner of Hall 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 consolidating the office of Tax Collector of Hall County and the office of Tax Receiver of Hall County into the single office of Tax Commissioner of Hall County, approved March 7, 1955 (Ga. L. 1955, p. 3038), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2179), is hereby amended by striking from section 2 the following: $11,500.00, and inserting in lieu thereof the following: $14,000.00, so that when so amended section 2 shall read as follows: Section 2. The Tax Commissioner of Hall County shall be paid a salary of $14,000.00 per year in equal monthly installments by Hall County, and said salary shall be the Tax Commissioner's sole compensation for performing the duties of his 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.

Page 2542

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 1971 session of the General Assembly of Georgia, a bill to amend an Act consolidating the offices of tax collector and tax receiver of Hall County into the single office of tax commissioner of Hall County, approved March 7, 1955 (Ga. L. 1955, p. 3038), as amended February 28, 1966 (1966, Ga. L. page 2179), so as to change the provisions relative to the compensation of the tax commissioner: and for other purposes. This 21st day of December, 1970. W.M. Williams Representative Joe T. Wood Representative Doug Whitmire Representative elect Howard T. Overby State Senator elect 49th Senatorial District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Doug Whitmire 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 Gainesville Tribune which is the official organ of Hall County, on the following dates: December 22, 30, 1970, January 6, 1971. /s/ Doug Whitmire Representative, 11th District

Page 2543

Sworn to and subscribed before me, this 9th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. CATOOSA COUNTYSUPERIOR COURT CLERK'S COMPENSATION CHANGED. No. 219 (House Bill No. 561). An Act to amend an Act placing the Ordinary and Clerk of the Superior Court of Catoosa County on annual salaries in lieu of the fee system of compensation, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, particularly by an Act approved March 17, 1967 (Ga. L. 1967, p. 2248), so as to change the compensation 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 placing the Ordinary and Clerk of the Superior Court of Catoosa County on annual salaries in lieu of the fee system of compensation, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, particulary by an Act approved March 17, 1967 (Ga. L. 1967, p. 2248), is hereby amended by striking section 2 in its entirety and by inserting in lieu thereof a new section 2 which shall read as follows: Section 2. The salaries of the said county officers shall be as follows: The Ordinary $ 7,000.00 per annum Clerk of the Superior Court $10,000.00 per annum

Page 2544

All salaries payable under this Act shall be paid in equal monthly installments from funds of Catoosa 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 1971 Regular Session of the General Assembly of Georgia an act to amend an Act entitled An Act to change the compensation of the superior court clerk of Catoosa County from the fee system to the salary system; to provide the procedure in connection therewith, approved February 20, 1959 (Ga. L. 1959, p. 2047), all acts amendatory thereto, so as to change the amount of compensation of said office; to repeal conflicting laws, and for other purposes. This 14th day of December, 1970. /s/ Robert G. Peters Representative, 2nd District Georgia, Catoosa County. Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newspaper in general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News 4 times, on the issue dated, to-wit: Dec. 24, 1970, Dec. 31, 1970; Jan. 7, 1971. /s/ Jim Caldwell Sworn to and subscribed before me, this the 12th day of February, 1971. /s/ John H. Epps, J.P., My Commission Expires 1-1-73. Approved March 30, 1971.

Page 2545

STATE COURT OF DeKALB COUNTYCOMPENSATION OF JUDGES CHANGED. No. 220 (House Bill No. 563). An Act to amend an Act creating the State Court of DeKalb County (formerly the Civil and Criminal Court of DeKalb County), approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved April 1, 1969 (Ga. L. 1969, p. 2443), so as to change the compensation of the judges 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 DeKalb County (formerly the Civil and Criminal Court of DeKalb County), approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved April 1, 1969 (Ga. L. 1969, p. 2443), is hereby amended by striking from section 13A the following: twenty-two thousand ($22,000.00) and substituting in lieu thereof the following: twenty-five thousand ($25,000.00), so that when so amended, section 13A shall read as follows: 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-five thousand ($25,000.00) 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. Section 2 . This Act shall become effective on January 1, 1972. Effective date.

Page 2546

Section 3 . 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, and as amended (being the State Court of DeKalb County), to provide for the procedure, salaries of the Judges of said Court and for other purposes. J. Oscar Mitchell Judge, State Court of DeKalb County Jack B. Smith Judge, State 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 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 to Apply for Local Legislation, was duly published once a week for 3 weeks as required by law, the dates of publication being January 7, January 14, and January 21, 1971. /s/ Britt Fayssoux

Page 2547

Sworn to and subscribed before me, this 21st day of January, 1971. /s/ Carol E. Wheeler, Notary Public, Georgia State at Large. My Commission Expires Feb. 21, 1971. (Seal). Approved March 30, 1971. HARRIS COUNTYCOMPENSATION OF CLERK CHANGED. No. 221 (House Bill No. 596). An Act to amend an Act placing the clerk of the superior court of Harris County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2926), as amended, so as to change the compensation of the clerk of the superior court; to authorize the governing authority of Harris County to supplement 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 Harris County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2926), as amended, is hereby amended by striking from section 2 the following words and figures: eight thousand ($8,000.00) and substituting in lieu thereof: $9,500.00, so that when so amended, section 2 shall read as follows:

Page 2548

Section 2. The clerk of the superior court of Harris County shall receive a salary of $9,500.00 per annum. Section 2 . Said Act is further amended by inserting between sections 2 and 3 a new section, to be known as section 2A, to read as follows: Section 2A. The governing authority of Harris County shall be authorized to increase the compensation of the clerk of the superior court up to $500.00 per annum on and after January 1, 1972. 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 1971 Session of the General Assembly of Georgia, a bill to change the compensation of the clerk of the superior court of Harris County; and for other purposes. This 21 day of January, 1971. Margaret G. Hopkins Clerk Superior Court Harris County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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

Page 2549

Harris County, on the following dates: January 28, February 4 and 11, 1971. /s/ W. Randolph Phillips Representative, 38th District Sworn to and subscribed before me, this 16th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. HARRIS COUNTYCOMPENSATION OF SHERIFF CHANGED, ETC. No. 222 (House Bill No. 597). An Act to amend an Act placing the sheriff of Harris County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2923), as amended, so as to change the compensation of the sheriff; to authorize the governing authority of Harris County to supplement the compensation of the sheriff and the 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 Harris County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2923), as amended, is hereby amended by striking from section 2 the following: $8,500.00

Page 2550

and substituting in lieu thereof: $10,000.00, so that when so amended, section 2 shall read as follows: Section 2. The salary of the sheriff of Harris County shall be $10,000.00 per annum, payable in equal monthly installments out of county funds. Section 2 . Said Act is further amended by inserting between sections 2 and 3 a new section, to be known as section 2A, to read as follows: Section 2A. The governing authority of Harris County shall be authorized to increase the compensation of the sheriff up to $500.00 per annum on and after January 1, 1972. Section 3 . Said Act is further amended by inserting between sections 3 and 4 a new section, to be known as section 3A, to read as follows: Section 3A. The governing authority of Harris County shall be authorized to increase the compensation of one or more deputy sheriffs up to the sum of $1,200.00 per annum on or after January 1, 1972. No deputy shall be eligible for any such increase except upon approval of the Sheriff of Harris County, and until his annual salary equals the maximum of $6,000.00 per annum which the Sheriff is authorized to pay in section 3 of this Act. 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 2551

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1971 Session of the General Assembly of Georgia, a bill to change the compensation of the sheriff of Harris County; to provide that the board of commissioners may increase the salaries of the deputies; and for other purposes. This 25 day of January, 1971. Jesse H. Jones, Sheriff Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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: January 28, February 4, 11, 1971. /s/ W. Randolph Phillips Representative, 38th District Sworn to and subscribed before me, this 16th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971.

Page 2552

HARRIS COUNTYCOMPENSATION OF ORDINARY CHANGED. No. 223 (House Bill No. 601). An Act to amend an Act placing the ordinary of Harris County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2928), as amended, so as to change the compensation of the ordinary; to authorize the governing authority of Harris County to supplement the compensation 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 ordinary of Harris County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2928), as amended, is hereby amended by striking from section 2 the following words and figures: seven thousand two hundred dollars ($7,200.00) and substituting in lieu thereof: $8,700.00, so that when so amended, section 2 shall read as follows: Section 2. The ordinary of Harris County shall receive a salary of $8,700.00 per annum, payable in equal monthly installments out of the funds of the county. Section 2 . Said Act is further amended by inserting between sections 2 and 3 a new section, to be known as section 2A, to read as follows: Section 2A. The governing authority of Harris County shall be authorized to increase the compensation of the ordinary up to $500.00 per annum on and after January 1, 1972. Section 3 . This Act shall become effective on the first day of the month following the month in which it is approved

Page 2553

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 1971 Session of the General Assembly of Georgia, a bill to change the compensation of the ordinary of Harris County; and for other purposes. This 21st day of January, 1971. Roy Moultrie Ordinary Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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: January 28, February 4 and 11, 1971. /s/ W. Randolph Phillips Representative, 38th District Sworn to and subscribed before me, this 16th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971.

Page 2554

CITY OF GAINESVILLECHARTER AMENDED. No. 224 (House Bill No. 603). An Act to amend an Act amending the charter of the City of Gainesville, approved August 15, 1922 (Ga. L. 1922, p. 834), as amended, particularly by an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2370) so as to change the compensation of the commissioners and the compensation of the commissioner serving as 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 amending the charter of the City of Gainesville, approved August 15, 1922 (Ga. L. 1922, p. 834), as amended, particularly by an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2370), is hereby amended by striking from section 15 the following: That effective January 1st 1954, and thereafter until changed by law said commissioners shall receive compensation for their services which shall not exceed the sum of $150.00 per month, provided, however, that the mayor shall receive compensation which shall not exceed the sum of $200.00 per month. and substituting in lieu thereof the following: Four commissioners of the City of Gainesville shall receive compensation for their services which shall not exceed the sum of $250.00 per month, and the commissioner serving as mayor shall receive compensation which shall not exceed the sum of $300.00 per 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.

Page 2555

Notice of Intention to Introduce Local Legislation in the General Assembly of Georgia. Notice is hereby given that the undersigned will, at the 1971 Session of the General Assembly of Georgia, introduce a Bill to amend the Charter of the City of Gainesville and Acts amendatory thereof so as to authorize the increased payment of salaries to the City Commissioners and Mayor of said City; to fix the amount of said salaries of said City Commissioners and Mayor at no more than $250.00 and $300.00 per month respectively; and for other purposes. W. M. Williams, Representative Douglas Whitmire, Representative Joe T. Wood, Representative Howard T. Overby, State Senator 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 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Gainesville Tribune, which is the official organ of Hall County, on the following dates: January 28, February 4, and 11, 1971. /s/ Joe T. Wood Representative, 11th District Sworn to and subscribed before me, this 16th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971.

Page 2556

BURKE COUNTYORDINARY'S COMPENSATION CHANGED. No. 225 (House Bill No. 619). 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, particularly by an Act approved March 4, 1969 (Ga. L. 1969, p. 2160), so as to change the supplemental compensation of the ordinary of Burke County; 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, particularly by an Act approved March 4, 1969 (Ga. L. 1969, p. 2160), 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 ordinary of Burke County shall be paid in equal monthly installments from the general funds of said county the sum of $4,000.00 per annum, in addition to fees which he now receives. 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 1971 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 25 day of January, 1971. /s/ Preston B. Lewis Representative, 37th District

Page 2557

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 27, February 3, 10, 1971. /s/ Preston B. Lewis Representative, 37th District Sworn to and subscribed before me, this 16th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. CITY OF HARLEMNEW CHARTER. No. 226 (House Bill No. 622). An Act to reincorporate the City of Harlem in the County of Columbia; 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, by-laws, rules and regulations; 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 fiscal administration of the city government; to provide for the levy and

Page 2558

collection of ad valorem taxes; to provide for elections; to provide for the qualifications of candidates and electors; to provide for the 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 of the Recorder; 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 Harlem, State of Georgia, repealing and replacing the Charter as provided by Ga. L. 1870, p. 194; Ga. L. 1876, p. 166; Ga. L. 1890-1, p. 624; Ga. L. 1906, p. 797; Ga. L. 1913, p. 869; Ga. L. 1935, p. 1085; Ga. L. 1943, p. 1416; Ga. L. 1950, p. 2502; Ga. L. 1951, p. 2737; and Ga. L. 1953, p. 2176 as amended. The City of Harlem, Georgia in the County of Columbia, and the inhabitants thereof shall continue to be a body politic and corporate under the name and style of the City of Harlem, 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. Section 1.02. City Boundaries . Be it further enacted that the boundaries of the City of Harlem shall be as described: A point situate and being 106 feet southerly from the Centerline of West Milledgeville Road and 60 feet westerly from the Centerline of South Louisville Street shall be the center of the City of Harlem and the corporate limits of

Page 2559

the City of Harlem shall exist three-fourths of a mile in every direction from the said center. 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, 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 debts of the city, and to authorize the expenditures 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, an electrical power system, and a community antenna television system, both inside and outside the corporate limits, subject to the provisions of applicable general law. For water, gas and electricity furnished, and for all sewerage

Page 2560

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, housing, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, education, recreation, 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 and reasonable deposits, 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. Property of persons served shall not include the owner of real property if said debt were incurred by a tenant who was responsible for the paying of said charge or fee.

Page 2561

(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, morale, 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 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 camps, or jail, by agreement with the appropriate county officers. (n) 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 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. (o) 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. (p) To levy and provide for the collection of special assessments to cover the costs for any public improvements. (q) To provide that upon the conviction of the violation

Page 2562

of any ordinance, rule, regulation or order, the offender may be punished within limitations prescribed by the Council in such ordinance, rule, regulation, or order but not exceeding the limitations prescribed by this Charter. (r) 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. (s) 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. (t) To regulate and control public streets, public alleys and ways; and in the discretion of the Council by ordinance to alter, open or close public streets and public alleys and ways without notification. (u) To exercise the power of arrest through duly appointed policemen. Section 1.04. 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

Page 2563

valid and of force until amended or repealed by the Council of said City. Section 1.05. Definition . Be it further enacted, that the word he shall be construed to include the word she and that the City of Harlem shall never in any way discriminate because of sex. ARTICLE II . CITY GOVERNMENT . Section 2.01. Establishment of City Government . Be it further enacted, that the corporate governmental powers of the City of Harlem shall be vested in a City Council to be composed of a Mayor and four Councilmen. The Mayor and Councilmen 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 Harlem. 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 (21) years of age, must meet the requirements of a qualified elector for members of the General Assembly, as prescribed by state law, must be a registered voter in the City of Harlem, and must be a bona fide resident of the City of Harlem 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 Monday in December 1971, and on said date every two years thereafter, a general election shall be held for Mayor and the two Councilmen whose terms of office are expiring. The candidate for Mayor who receives

Page 2564

the highest number of votes cast in said election and the two candidates for Councilmen who receive the highest number of votes cast in said election shall be elected for terms of office of two years each and until their successors are duly elected and qualified. On the second Monday in December 1972, and on said date every two years thereafter, a general election shall be held for the two councilmen whose terms of office are expiring. The two candidates for councilmen in said election who receive the highest number of votes shall be elected for terms of office of two years each and until their successors are duly elected and qualified. Section 2.04. Terms of Office . Be it further enacted, that the terms of office for Mayor and Councilmen shall begin on the first Monday in January next succeeding the election and shall continue for two years and until their successors are elected and qualified. On said Monday of each year there shall be a ceremony at which the newly elected officials shall take the prescribed oath of office. Section 2.05. City Council . Be it further enacted, that the governing body of said City shall be composed of a Mayor and four Councilmen, in which is vested all corporate, legislative, and other powers of the City, except as otherwise provided in this Act. The Mayor and four Councilmen shall constitute the City Council. 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 call of the Mayor or on call of 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 call may be transacted at a special meeting, except by unanimous consent of all members of the Council. The Council shall exercise its powers

Page 2565

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 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 2.06. 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 (5) days after the 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 by 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 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 in January, 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 regular meeting in January of each year, the incumbent councilman not up for election at the previous election who received the highest number of votes, when last elected, shall be declared the 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

Page 2566

the Mayor or a Councilman resigns, dies, moves his residence from the City, or is absent from four (4) consecutive regular meetings of the governing authority, except if granted a leave of absence by the Council, which leave shall be entered upon the minute books; or if he is adjudged incompetent or 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. 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 (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, such second vacancy shall not be filled by appointment but 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 Georgia, 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 ordinance and in accordance with state law. 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.

Page 2567

Section 2.10. City Clerk . Be it further enacted, that the Council shall appoint a City Clerk who shall be Ex-officio Treasurer. The City Clerk shall be responsible for keeping and preserving the city seal and all records of the Council; attending meetings of the Council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the vote of each member on each question and each motion considered, and the text of each resolution or ordinance considered; preparing and certifying the 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 Council shall require the Clerk, before entering upon discharge of his duties to give good and sufficient bond in an amount to be decided by the Council, but not less than Five Thousand ($5,000.00) Dollars, said bond payable to the City of Harlem, 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 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 voted upon. The affirmative vote of at least a majority of the quorum 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 all

Page 2568

ordinances before they are passed shall be read twice, and each reading had at a separate meeting, regular or special, on separate days, and the first reading shall be at a regular meeting of the Mayor and Council; provided that both readings of said ordinances may be had at the first meeting, upon unanimous consent of the Council to that effect; provided, further, that ordinances or resolutions appropriating or involving the expenditure of money or for other than current expenses shall be read twice as above provided and the rule shall not be suspended. 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; may transfer or change the functions and duties of offices, positions of employment, departments and agencies of the City, and may prescribe the duties and compensations of any office or position of employment. 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 Council shall appoint a City Attorney, together with such assistant City Attorneys as may be authorized by

Page 2569

ordinance, and shall provide for the payment of such attorney or attorneys for services rendered to the City. The City Attorney shall be responsible for representing and defending the City in all litigation in which the City is a 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. City Manager . Be it further enacted, that the Council may appoint a City Manager. The duties and authority of the City Manager shall be established by ordinance of the Council, and in doing so, the Council may specifically delegate to the City Manager any of the administrative or budgetary duties of the Mayor. Section 3.05. Oath of Office . Be it further enacted, that before a person takes any office in the City government, he shall take before the Mayor or 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 Harlem, and I will faithfully discharge the duties of..... So help me God. Said oaths, with the officer's jurat attached, shall be written or printed, and when executed, filed with the City clerk. Section 3.06. Political Activity Prohibited . Be it further enacted, that no officer or employee of the City or any appointed officer or official 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 office. Any Council member, other than the Mayor, who runs for Mayor must first resign from the Council.

Page 2570

Section 3.07. Employees' Political Activity . No employee of the City of Harlem may campaign for any candidate for any City office. Section 3.08. 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 this 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 expressed or implied of the person or corporation contracting with or making a sale to the City shall render the contract or sale viodable by the Council. Section 3.09. City Planning and Renewal . Be it further enacted, that the Council may create and establish a planning commission pursuant to the provisions of general laws as they now exist or as they may hereafter be amended. ARTICLE IV . FISCAL ADMINISTRATION . Section 4.01. Property Taxes . Be it further enacted that all property subject to taxation for State or County purposes, assessed as of January 1 of each year, shall be subject to the property tax levied by the City of Harlem. The 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 Georgia law.

Page 2571

Section 4.02. Listing, Assessing and Collecting Taxes . Be it further resolved, that (a) The Council shall be authorized to prescribe by ordinance the manner in which advalorem taxes on real and personal property within the corporate limits of the City shall be listed, assessed, and collected. (b) If an independent city assessment is made, a board of 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 equalization 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, the Council shall prescribe by ordinance 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 vested in the Superior Court of Columbia County, and the authority hereby conferred shall be enforced as similar authority is enforced by said court. (d) Either the Mayor or any Councilman or taxpayer shall have the right to appeal from any judgment rendered by the board of tax equalization to the Superior Court of Columbia County, provided that such appeal shall be filed in the Superior Court within twenty 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 appeals to the Superior Court from the Court of Ordinary. Section 4.03. Tax Levy . Be it further enacted that, the Council shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits

Page 2572

of the City for the purpose of raising revenues to defray the costs of operating the City government, providing governmental services, and for any other public purpose as determined by the Council in its descretion. The Council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. The City of Harlem is hereby exempted from the provisions of Georgia Code sections 92-4101 through 92-4104, inclusive. Section 4.04. Tax Due Dates and Tax Bills . Be it further enacted, that the Council shall provide by ordinance when the taxes of the City shall be due and in what length of time said taxes may be paid, and shall provide by ordinance for the payment of taxes due to the City either in installments or in one lump sum, in its discretion. The Council shall also provide for how and upon what terms such taxes shall be due and payable, and may authorize voluntary payment of taxes prior to the time when due. Section 4.05. 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 any police officer of the City or other person appointed by the Council, under the same procedure provided by the laws governing execution of such process from the Superior Courts of Georgia, or by the use of any other legal processes and remedies provided by Georgia law. City property taxes are levied as of the assessment date of January 1 of each year, and shall constitute a lien, 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 4.06. Special Assessments . Be it further enacted that the Council shall have the power and authority to 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 or appurtenances, against the abutting property owners, under such terms and conditions as provided by ordinance. Such special assessments shall become delinquent thirty days after their due dates and shall thereupon be subject to a

Page 2573

penalty of ten per cent of the amount due in addition to fi. fa. charges, and shall thereafter be subject to interest at the rate of nine 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 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 4.07. Licenses and Occupations Taxes . Be it further enacted, that the Council may provide by ordinance for the levy of such license and occupation taxes upon the residents of the City of Harlem, both individual and corporate, and upon all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the Council may deem expedient for the public health, safety, benefit, convenience or advantage of the City. The Council shall have the power to classify businesses, occupations, professions or callings for the purpose of taxation in any way which may be lawful; to require such persons to procure appropriate licenses; to compel payment for such licenses; and to provide by ordinance rules and regulations necessary or proper to carry out the powers herein conferred, and to prescribe penalties for the violation thereof. Section 4.08. Sewer, Water, Garbage, and other Service Charges . Be it further enacted that, the Council may provide by ordinance for the assessment and collection of fees, charges or tolls for sewer, water, garbage, and other services rendered within or without the corporate limits of the City of Harlem, in order to defray the cost of providing such services. If unpaid, the service charge shall constitute a lien against any property of persons served, which lien shall be superior to all other liens, except that it shall be of equal dignity with 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 4.09. Transfer of Executions . Be it further enacted

Page 2574

that, the City clerk of the City of Harlem shall be authorized to transfer or assign any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfers of tax fi. fas. Provided that, upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred or executed by the city, the owner of such property in fee simple or lesser interest, shall not lose his right to redeem the property in accord with the requirements of redemption of property sold under State or County ad valorem tax fi. fas., as said requirements now exist or as may be provided by law from time to time. Section 4.10. General Obligation Bonds . Be it further enacted, that the Council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this Charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 4.11. Revenue Bonds . Be it further enacted, that revenue bonds may be issued by the Council as now or hereafter provided by an Act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Bond Law (Ga. L. 1937, p. 761) as now or hereafter amended. Section 4.12. Budget . Be it further enacted, that the City government of Harlem shall be operated on a budget. The Council of Harlem shall, by ordinance, set the fiscal year and set the procedures to be followed in adopting, changing and following the budget. ARTICLE V . ELECTIONS . Section 5.01. Regular Elections . Time for taking and

Page 2575

holding office. Be it further enacted that the regular election for Mayor and City Council, or Councilmen, as the case may be, shall be held on the second Monday in December of each year. Officials elected at any regular election shall take office on the first Monday in January next following such election. Section 5.02. Notice of Candidacy . Be it further enacted, that any person desiring to become a candidate in any regular election shall file written notice of his candidacy with the Municipal Superintendent not less than fifteen (15) nor more than forty-five (45) days, as prescribed by ordinance, prior to the date fixed for the holding of any such election. Any person desiring to become a candidate in any special election shall file written notice of his candidacy with the Municipal Superintendent not less than ten (10) days nor more than thirty (30) days, as prescribed by ordinance, prior to the date fixed for the holding of any such election. Section 5.03. Qualification of Electors . Be it further enacted, that 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 Harlem for at least ninety days next preceding the election in which he desires to vote or for such period as may otherwise be provided by the Georgia Municipal Election Code, 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 Harlem where provision is made for election by the qualified voters thereof, shall be conducted as to special or general elections in comformity 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. Whenever any time period established by the election Code is altered so as to change or supersede any time period provided therein, it shall be considered that the time periods provided herein will be correspondingly

Page 2576

changed so as to avoid any conflict between this Charter and the general law of the State. Section 5.05. Time of Election . Be it further enacted, that the polls shall be opened from 7 o'clock A.M. local time to 7 o'clock P.M. local time. Section 5.06. Place of Election . Be it further enacted, that the polling place or places for holding elections shall be prescribed by the Council and shall be published in the election notice as required by law; provided, however, any change in a polling place shall be effected as provided by section 34A-604 of the Code of Georgia of 1933 as it now exists or may hereafter be amended. Section 5.07. Voter Registration . Be it further enacted, that in all elections held in the City of Harlem, whether 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 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 5.09. Absentee Ballots . Be it further enacted that the Council in its discretion is authorized to provide by ordinance for absentee ballots. 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 Harlem, which shall have jurisdiction and authority to try offenses against ordinances of the said City and to punish for a violation of the same. Such Court shall have power to endorse 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,

Page 2577

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 Harlem constituting traffic cases which under the laws of the State 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 . 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 Harlem, and Columbia County, and shall have resided therein at least one year immediately preceeding his election. The Recorder shall be appointed by the Council, and shall serve at the discretion of the Council. The compensation of the Recorder shall be fixed by the Council. Nothing herein shall disqualify the Mayor or any Councilman from serving as Recorder or Recorder pro-tem. (b) The Recorder pro-tem shall serve in the absence of the Recorder, shall have the same qualifications as the Recorder and shall be appointed by the Council. (c) 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 Council.

Page 2578

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 ordinance of the City of Harlem passed in accordance with this Charter, to an amount not to exceed two hundred dollars ($200.00), to imprison the offenders for a period 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 (20) 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 Harlem 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 have also concurrent jurisdiction with that of the justice of the peace over offenses against the criminal laws of the State committed within the corporate limits of the City of Harlem. 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 and any bond as may be required to secure the costs on appeal to the Superior Court of Columbia County from the Recorder's Court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the Court of Ordinary. Provided, however, any person convicted of an offense shall have ten (10) days to file his appeal. An appeal to the Superior Court shall be a de novo proceeding.

Page 2579

Section 6.05. Court Costs . Be it further enacted, that in all cases in the Recorder's Court of the City of Harlem, 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 the 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 the 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 . 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 Council may adopt in part or in toto the rules and regulations relative to the procedures of the operation of the Superior Court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the City Clerk and shall be available for public inspection. 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

Page 2580

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. ARTICLE IX . EFFECTIVE DATE . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1971 Session of the General Assembly of Georgia a bill to create a new charter for the City of Harlem, Georgia, and for other purposes, being an act to repeal and replace an act of the General Assembly of Georgia, approved August 16, 1913 and the acts amendatory thereof, entitled New Charter for the City of Harlem. This 12th day of January, 1971. Glenn S. Phillips, Representative, General Assembly of Georgia

Page 2581

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: January 13, 20, 27, 1971. /s/ Glenn S. Phillips Representative, 29th District, Post No. 1 Sworn to and subscribed before me, this 15th day of February, 1971. /s/ Rebecca Faulkner, Notary Public, Georgia, State at Large. My Commission Expires Dec. 13, 1974. (Seal). Approved March 30, 1971. WEBSTER COUNTYCOMPENSATION OF CLERK OF COMMISSIONER INCREASED. No. 227 (House Bill No. 623). An Act to amend an Act creating the office of Commissioner of Webster County, approved August 27, 1931 (Ga. L. 1931, p. 597), as amended, particularly by an Act approved February 26, 1957 (Ga. L. 1957, p. 2244), and by an Act approved March 21, 1970 (Ga. L. 1970, p. 3119), so as to increase the salary of the clerk of the

Page 2582

commissioner of Webster 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 Webster County, approved August 27, 1931 (Ga. L. 1931, p. 597), as amended, particularly by an Act approved February 26, 1957 (Ga. L. 1957, p. 2244), and by an Act approved March 21, 1970 (Ga. L. 1970, p. 3119), is hereby amended by striking from section 9 the following: Said commissioner shall employ a clerk whose compensation shall be seventy-five ($75.00) dollars per month, and it shall be the duty of the clerk to keep the book of minutes of the court of the commissioner, to keep a systematic file of all accounts, invoices and claims paid by the county, to keep an accurate stub-book of all warrants issued, to keep a ledger showing the financial condition of the county at all times which said ledger shall be posted daily and balanced daily and along with the other records of the commissioner's office, be open to public inspection, and to do such other acts and things as are usually required of a clerk. Section 2 . Said Act is further amended by adding a new section between sections 9 and 10 to be designated section 9A and to read as follows: Section 9A. Said commissioner shall employ a clerk whose compensation shall be one hundred twenty-five ($125.00) dollars per month and it shall be the duty of the clerk to keep the book of minutes of the court of the commissioner, to keep a systematic file of all accounts, invoices and claims paid by the county, to keep an accurate stub-book of all warrants issued, to keep a ledger showing the financial condition of the county at all times which said ledger shall be posted daily and balanced daily and along with the other records of the commissioner's office, be open to public inspection, and to do such other acts and things as are usually required of a clerk.

Page 2583

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. Georgia, Webster County. Pursuant to the recommendation of the Webster County Grand Jury, notice is hereby given that there will be introduced at the regular 1971 session of the General Assembly of Georgia, a bill to increase the salary of the Clerk of the Commissioner of Webster County, Georgia, $25.00, (twenty-five dollars) per month. This is to correct a typing error in recommendation in the 1970 act and for other purposes. This the 18th day of January, 1971. J. Lucius Black Representative the 45th District of Georgia 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 Webster County, on the following dates: January 21, 28, 1971; February 4, 1971. /s/ J. Lucius Black Representative, 45th District

Page 2584

Sworn to and subscribed before me, this 12th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. CITY COURT OF COWETA COUNTYCOMPENSATION FOR SECRETARIAL HELP IN SOLICITOR'S OFFICE CHANGED. No. 228 (House Bill No. 625). An Act to amend an Act establishing the City Court of Coweta County (formerly known as the City Court of Newnan), approved October 5, 1887 (Ga. L. 1886-87, Vol. 2, p. 692), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 3031), so as to change the provisions relating to compensation for secretarial help in the office of the solicitor; 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 Coweta County (formerly known as the City Court of Newnan), approved October 5, 1887 (Ga. L. 1886-87, Vol. 2, p. 692), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 3031), is hereby amended by inserting after the words performance of his official duties in section XI-A, the following: ; provided further, that the Board of Commissioners of Coweta County may appropriate such other sums for the payment of compensation to secretaries as it deems necessary so that when so amended section XI-A shall read as follows:

Page 2585

Section XI-A. The compensation of the solicitor of the City Court of Newnan which has heretofore been based on a fee system is hereby abolished and said official shall be paid an annual salary of $8,000.00 per annum, payable in equal monthly installments from the funds of Coweta County. Said county shall also furnish office space and all necessary office supplies and equipment for the efficient operation of the office of solicitor. In addition thereto, said county shall pay a secretary employed by said solicitor for his official duties, a sum set by the solicitor, but not to exceed $3,600.00 per annum; provided, however, that said secretary shall be available for use by the judge of the City Court of Newnan in the performance of his official duties; provided further, that the Board of Commissioners of Coweta County may appropriate such other sums for the payment of compensation to secretaries as it deems necessary. All fees, costs, percentages, forfeitures, penalties, allowances and all other perquisites of whatever kind as are now, or made hereafter, be allowed by the law to be received or collected as compensation for services by said solicitor shall be received and diligently collected by him for the sole use of Coweta County and shall be held as public monies belonging to said county and accounted for and paid over to the fiscal authorities of said county on the first Tuesday in each month, at which time a detailed itemized statement shall be made showing such collections and the sources from which collected. 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 introduced at the regular session of the Georgia General Assembly in 1971, to amend an Act approved March 17, 1960, as amended, establishing the budget for salaries of the personnel of the office of Solicitor of State Court of Coweta County, Georgia, and for other purposes.

Page 2586

This 29th day of December, 1970. George Potts Representative, 30th District 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 the 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 December, 1970, the 7th day of January, 1971, and the 14th day of January, 1971. /s/ E. W. Thomasson Sworn to and subscribed before me, this 28th day of January, 1971. /s/ Charles Van S. Mottola, Notary Public. (Seal). 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 1971, to amend an Act approved March 17, 1960, as amended, establishing the budget for salaries of the personnel of the office of Solicitor of State Court of Coweta County, Georgia, and for other purposes. This 29th day of December, 1970. George Potts Representative, 30th District

Page 2587

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 the 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 December, 1970, and the 7th day of January, 1971, and the 14th day of January, 1971. /s/ E. W. Thomasson Sworn to and subscribed before me, this 28th day of January, 1971. /s/ Charles Van S. Mottola, Notary Public. Approved March 30, 1971. COWETA COUNTYORDINARY'S CLERICAL HELPCOMPENSATION CHANGE. No. 229 (House Bill No. 626). 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 relating to compensation for clerical help in the office 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 sheriff, the ordinary, and the clerk of the superior court of

Page 2588

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 inserting after the words for such clerical help in section 3, the following: ; provided further, that the board of commissioners of Coweta County may appropriate such other sums for the payment of compensation for clerical help as it deems necessary. so that when so amended section 3 shall read as follows: Section 3. The ordinary of Coweta County shall be compensated in the sum of $7,800.00 per annum, payable in equal monthly installments from the funds of Coweta County. The ordinary shall hire such clerical help and deputies as shall 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 $4,200.00 per annum for such clerical help; provided further, that the Board of Commissioners of Coweta County may appropriate such other sums for the payment of compensation for clerical help as it deems necessary. Coweta County shall provide all necessary office supplies and equipment essential to the operation of the office of the Ordinary. 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 introduced at the regular session of the Georgia General Assembly in 1971, to amend an Act approved March 17, 1960, as amended, establishing the budget for salaries of the personnel of the office of Ordinary of Coweta County, Georgia, and for other purposes. This 29th day of December, 1970. George Potts Representative, 30th District

Page 2589

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 the 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 December, 1970, the 7th day of January, 1971, and the 14th day of January, 1971. /s/ E. W. Thomasson Sworn to and subscribed before me, this 28th day of January, 1971. /s/ Charles Van S. Mottola, Notary Public. (Seal). Approved March 30, 1971. PERRY-FORT VALLEY AIRPORT AUTHORITY ACT. No. 230 (House Bill No. 635). An Act to create and establish an Airport Authority for the counties of Houston and Peach and the cities of Perry and Fort Valley, 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

Page 2590

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 contrct 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 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 County of Houston or the County of Peach or the City of Perry or the City of Fort Valley shall be incurred in the evercise 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 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 Perry-Fort Valley Airport Authority Act. Section 2. Perry-Fort Valley Airport Authority . There is hereby created a body corporate and politic to be known as the Perry-Fort Valley 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

Page 2591

sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Authority of the trustee acting under the trust indenture herein provided for shall in no event be liable for any torts committed by any of the officers, agents and employees of the Authority. The Authority shall have perpetual existence. Section 3. Membership . The Perry-Fort Valley Airport Authority shall be composed of twelve members. Four of the members shall consist of the Mayor of Perry, the Mayor of Fort Valley, the Chairman of the Houston County Commissioners and the Chairman of the Peach County Commissioners and their term on the Authority shall coincide with the terms of their respective elective positions. The remaining eight members shall be appointed by the governing authority of the counties of Houston and Peach and the cities of Perry and Fort Valley as hereinafter set out. Within thirty days after the approval of this Act, it shall be the duty of said governing authorities, the Peach County Commissioners, the Houston County Commissioners, the Mayor and City Council of Fort Valley and the Mayor and City Council of Perry to each appoint two members. Four of the members appointed, one appointed by each of the municipal authorities and each of the counties, shall be appointed for a term of one year of ending December 31, 1971. Four of the members appointed, ont to be appointed by each of the two municipal authorities and each of the counties, shall be appointed for a term of two years ending December 31, 1972. All subsequent appointments shall be for a term of two years and until their successors shall have been duly appointed. No person shall be appointed to membership on the authority unless he or she is a resident of said county with the same residential qualifications as are required for a person to vote in said counties. Section 4. Meetings and Organization . The Authority shall hold their first regular meeting after the approval of this Act, and their first regular meeting of each year thereafter shall be in January. The Authority shall meet at such time as may be necessary to transact the business coming before it, but not less than quarterly. At its first meeting

Page 2592

in January each year thereafter, the Authority shall elect its officers from the members of said Authority. (a) Officers The officers shall be a Chairman, a Vice Chairman and a Secretary-Treasurer. Only one person shall hold the office of Secretary-Treasurer. These officers shall be elected for a term ending on December 31 of the year in which they were elected or until their successors are elected and qualified and must be members of said Authority. (b) Quorum Seven members of the Authority shall constitute a quorum, provided however, there must be one member present representing each of the municipal authorities and each county. (c) Compensation The members of the Authority shall be compensated as determined from time to time by the governing authority of said cities and counties. However, it is expressly provided that they shall be reimbursed for all actual expenses incurred in the performance of their duty. (d) Executive Committee There shall be an executive committee composed of the Chairman of the Authority and three other members appointed by him with such powers and duties as may be given it by the Authority from time to time. Provided however, that the Executive Committee shall be composed of one member representing each of the municipal authorities and each of the counties. 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 appointing authority 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 Perry-Fort Valley Airport Authority as created by the provisions of this Act.

Page 2593

(b) The word project shall be deemed to mean and include the acquisition, construction, equipping, maintenance, improving the 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 extension 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 for the operation of such airports and landing fields within the perimeter of the lands now held and owned by either of said counties. (c) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, including the payment or reimbursement of reasonable actual costs incurred as a result of utility relocations when such relocations are made necessary by the project, 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 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. Laws 1957, p. 36, et. seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761, et. seq., as amended), and such type of obligations may be issued by the Authority as authorized under said

Page 2594

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 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 purpose, 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 the best advantage 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 representative compensations; (e) To make contracts, leases and to execute all instruments necessary or convenient including contracts for construction of projects or leases 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,

Page 2595

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; (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

Page 2596

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, except the right of eminent domain; (k) The Authority and the trustees 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 funds herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate 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

Page 2597

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. 261, 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 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 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 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 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

Page 2598

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 prices 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. 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.

Page 2599

Section 16. Conditions Precedent to Insurance, Object of Issuance .Such revenue bonds may be issued without any other proceedings or the happenings 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 either Houston or Peach Counties, or any municipality therein, 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 Counties or any municipality therein, 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 without 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 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

Page 2600

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 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 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 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,

Page 2601

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 of 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. 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

Page 2602

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 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 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 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

Page 2603

to the validation proceedings, contracting with the said Perry-Fort Valley 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 Houston County or Peach County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in either of said courts, either of 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 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 Received Considered Trust Funds .All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as 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 the 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 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

Page 2604

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 Houston County and of Peach County, and the City of Perry and the City of Fort Valley, shall be liberally construed to effect the purposes hereof. Section 32 . Through the use and power of eminent domain, the Authority shall have the right, power, privilege and authority to condemn real property, rights of way of 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. Eminent domain.

Page 2605

Section 33. Jurisdiction .All property, the title to which shall vest in said Authority shall be subject to the jurisdiction of the county wherein such property shall lie. Section 34. 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. Severability. Section 35 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 36 . 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 1971 Session of the General Assembly of Georgia, a bill to establish an Airport Authority for the counties of Peach and Houston for the purpose of said authority owning and operating, constructing, improving and doing all things necessary for the operation of an airport. This 29th day of December, 1970. Sam A. Nunn, Jr. 41st District, Post 1 Vince Moyer Representative, 41st District, Post 2 Stanley E. Smith Jr. Senator, 18th Senatorial District Dan Grahl Representative, Peach County

Page 2606

Georgia, Houston County. Personally appeared before me this date, Bobby Branch, publisher of The Houston Home Journal, Perry, Ga., the Official Organ of Houston County, Georgia, who certifies that the Legal Notice, Intention to Introduce Local Legislation was published in The Houston Home Journal on the following dates: January 7, 14, and 21, 1971. This 28th day of January, 1971. /s/ Bobby Branch Publisher, Houston Home Journal, Perry, Georgia Sworn to and subscribed before me, this 28th day of January, 1971. /s/ Janice E. Colwell, Notary Public, Houston County. My Commission Expires March 7, 1972. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1971 Session of the General Assembly of Georgia, a bill to establish an Airport Authority for the counties of Peach and Houston for the purpose of said authority owning and operating, constructing, improving and doing all things necessary for the operating of an airport. This 29th day of December, 1970. Sam A. Nunn, Jr. Representative, 41st District, Post #2 Vince Moyer Representative, 41st District, Post #1 Daniel K. Grahl Representative, 40th District, Post # Stanley E. Smith, Senator, 18th District

Page 2607

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 7, 14, and 21, 1971. /s/ Daniel K. Grahl Representative, 40th District Sworn to and subscribed before me, this 16th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. JOHNSON COUNTYOFFICE OF TAX COMMISSIONER CREATED. No. 231 (House Bill No. 636). An Act to consolidate the offices of tax receiver and tax collector of Johnson County into the office of the tax commissioner of Johnson 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 the payment of expenses; to make provisions relative to taxes and fi fas; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 2608

Section 1 . Effective January 1, 1977, the offices of tax receiver and tax collector of Johnson County are hereby consolidated and combined into the one office of the tax commissioner of Johnson County. The rights, duties and liabilities of the tax commissioner, except as otherwise provide 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 Johnson County in 1976. The person so elected shall take office on the first day of January following his election, and he shall serve until December 31, 1980, 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 Johnson County, and their terms of office shall continue through December 31, 1976. 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. Section 3 . The tax commissioner shall receive for his services as such an annual salary of $9,000.00, payable in equal monthly installments from the funds of Johnson 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 Johnson 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

Page 2609

herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind. Public funds. Section 5 . 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. Expenses. Section 6 . All taxes due and payable Johnson 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. Effect. Section 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Legal. Notice is hereby given that there will be introduced at the Regular 1971 Session of the General Assembly of Georgia a bill or bills for the purposes of changing the method of compensation of the Tax Collector of Johnson County and of the Tax Receiver of Johnson County, for the purpose of providing the salaries of such officers, for the purpose of providing the expenses of such offices, for the purpose of providing for the future consolidation of the office of Tax Collector and the office of Tax Receiver into the Office of Tax Commissioner, for the purpose of providing the salary and expenses of the Tax Commissioner at such future time, and for other purposes. Roy J. Chappell, Sr., Representative, District 42 W. W. Larsen, Jr., Representative, District 42 Georgia, Fulton County. Personally appeared before me the undersigned authority,

Page 2610

duly authorized to administer oaths, Roy J. Chappell, Sr. 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 28, February 4 and 11, 1971. /s/ Roy J. Chappell, Sr. Representative, 42nd District Sworn to and subscribed before me, this 16th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. JOHNSON COUNTYTAX COLLECTOR PLACED ON SALARY. No. 232 (House Bill No. 637). An Act to abolish the present mode of compensating the Tax Collector of Johnson 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

Page 2611

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 Tax Collector of Johnson 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 . The Tax Collector shall receive an annual salary of $8,400.00, payable in equal monthly installments from county funds. Salary. Section 3 . After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, 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 Tax Collector 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. Public monies. Section 4 . The Tax Collector 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. He 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 said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of

Page 2612

the Tax Collector, 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. Personnel. Section 5 . The necessary operating expenses of the Tax Collector'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, uniforms, vehicles 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 Johnson County. Expenses. Section 6 . 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 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Legal. Notice is hereby given that there will be introduced at the Regular 1971 Session of the General Assembly of Georgia a bill or bills for the purposes of changing the method of compensation of the Tax Collector of Johnson County and of the Tax Receiver of Johnson County, for the purpose of providing the salaries of such officers, for the purpose of providing the expenses of such offices, for the purpose of providing for the future consolidation of the the office of Tax Collector and the office of Tax Receiver into the Office of Tax Commissioner, for the purpose of

Page 2613

providing the salary and expenses of the Tax Commissioner at such future time, and for other purposes. Roy J. Chappell, Sr., Representative, District 42 W. W. Larsen, Jr., Representative, District 42 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy J. Chappell, Sr. 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 28, February 4 and 11, 1971. /s/ Roy J. Chappell, Sr. Representative, 42nd District Sworn to and subscribed before me, this 16th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. JOHNSON COUNTYTAX RECEIVER PLACED ON SALARY. No. 233 (House Bill No. 638). An Act to abolish the present mode of compensating the Tax Receiver of Johnson County, known as the fee system; to provide in lieu thereof an annual salary; to provide that

Page 2614

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 Tax Receiver of Johnson 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 . The Tax Receiver shall receive an annual salary of $4,500.00, payable in equal monthly installments from county funds. 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 Tax Receiver 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. Public monies. Section 4 . The Tax Receiver 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. He shall,

Page 2615

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 said 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 Tax Receiver, 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. Personnel. Section 5 . The necessary operating expenses of the Tax Receiver'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, uniforms, vehicles 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 Johnson County. Expenses. Section 6 . 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 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Legal. Notice is hereby given that there will be introduced at the Regular 1971 Session of the General Assembly of Georgia a bill or bills for the purposes of changing the method of compensation of the Tax Collector of Johnson County and of the Tax Receiver of Johnson County, for the purpose

Page 2616

of providing the salaries of such officers, for the purpose of providing the expenses of such offices, for the purpose of providing for the future consolidation of the office of Tax Collector and the office of Tax Receiver into the Office of Tax Commissioner, for the purpose of providing the salary and expenses of the Tax Commissioner at such future time, and for other purposes. Roy J. Chappell, Sr. Representative, District 42 W. W. Larsen, Jr. Representative, District 42 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy J. Chappell, Sr. 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 28, February 4 and 11, 1971. /s/ Roy J. Chappell, Sr. Representative, 42nd District Sworn to and subscribed before me, this 16th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971.

Page 2617

STATE COURT OF JOHNSON COUNTYJUDGE'S AND SOLICITOR'S SALARIES CHANGED. No. 234 (House Bill No. 639). An Act to amend an Act establishing the State Court of Johnson County, approved August 12, 1912 (Ga. L. 1912, p. 318), as amended, particularly by an Act approved July 10, 1924 (Ga. L. 1924, p. 251), an Act approved August 19, 1927 (Ga. L. 1927, p. 471), an Act approved February 1, 1951 (Ga. L. 1951, p. 2120), an Act approved March 24, 1965 (Ga. L. 1965, p. 2457), and an Act approved February 28, 1966 (Ga. L. 1966, p. 2565), so as to change the compensation of the judge and 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 State Court of Johnson County, approved August 12, 1912 (Ga. L. 1912, p. 318), as amended, particularly by an Act approved July 10, 1924 (Ga. L. 1924, p. 251), an Act approved August 19, 1927 (Ga. L. 1927, p. 471), an Act approved February 1, 1951 (Ga. L. 1951, p. 2120), an Act approved March 24, 1965 (Ga. L. 1965, p. 2457), and an Act approved February 28, 1966 (Ga. L. 1966, p. 2565), is hereby amended by striking from section 3 the following: Be it further enacted by the Authority aforesaid, That there and by striking the following: twenty-four hundred dollars and inserting in lieu thereof, respectively, the following: There and $3,000.00, so that when so amended, section 3 shall read as follows:

Page 2618

Section 3. There shall be a judge of said State Court of Johnson County, who shall be elected by the qualified voters of Johnson County in the same manner, and at the same time and places that members of the General Assembly are now or may hereafter be elected, whose term of office shall be four years and until his successor is elected and qualified. That all vacancies in the office of judge which may occur by death, resignation or removal from office, shall be filled by appointment of the Governor for the residue of the unexpired term, such appointments being subject to the approval of the Senate, which may then be in session, or if the Senate be not in session at the time of the appointment, then subject to its approval at the next session thereafter. The judge of said court shall receive an annual salary of $3,000.00, payable in equal monthly installments from the funds of Johnson County. Section 2 . Said Act is further amended by striking from section 5 the following; $2,400.00 and inserting in lieu thereof the following: 3,000.00, so that when so amended, section 5 shall read as follows: Section 5. That there shall be a solicitor of said State Court of Johnson County, who shall be elected by the qualified voters of said county in the same manner and at the same time and place that members of the General Assembly are now elected or may hereafter be elected, whose term of office shall be four years and until his successor is elected and qualified, and any and all vacancies in said office shall be filled in the same manner as vacancies in the office of judge shall be filled. He must have been a resident of Johnson County at least one year immediately preceding his election, and must have been a practicing attorney at least one year immediately preceding his election or appointment. He shall take the same oath as required of solicitor general. He shall prosecute

Page 2619

all cases cognizant before the court. He shall represent the State in each case carried to the Supreme Court or Court of Appeals from said State Court. He shall draw all accusations for the trial of offenses in said court, which accusations shall be based on affidavits as hereinafter provided. Said solicitor shall receive an annual salary of $3,000.00 payable in equal monthly installments from the funds of Johnson County. In the absence or disqualification of said solicitor, the judge of said court shall appoint a solicitor pro tem. who shall receive the same salary as provided herein for the solicitor. 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. Legal. Notice is hereby given that there will be introduced at the Regular 1971 Session of the General Assembly of Georgia a bill or bills to change the existing law as to compensation of the County Commissioners of Johnson County, the Judge of the State Court of Johnson County and the Solicitor of the State Court of Johnson County and for other purposes. Ray J. Chappell, Sr., Representative, District 42 W. W. Larsen, Jr., Representative, District 42 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy J. Chappell, Sr., who, on oath deposes and says that he is Representative

Page 2620

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 28, February 4 and 11, 1971. /s/ Roy J. Chappell, Sr., Representative, 42nd District Sworn to and subscribed before me, this 16th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. JOHNSON COUNTYORDINARY'S COMPENSATION CHANGED. No. 235 (House Bill No. 640). An Act to amend an Act placing the Ordinary of Johnson County on a salary basis, in lieu of the fee system of compensation, approved April 6, 1967 (Ga. L. 1967, p. 3000), so as to change the compensation of the ordinary; 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 Johnson County on a salary basis, in lieu of the fee system of compensation, approved April 6, 1967 (Ga. L. 1967, p. 3000),

Page 2621

is hereby amended by striking from section 2 the following: 4,200.00' and inserting in lieu thereof the following: 7,200.00, so that when so amended section 2 shall read as follows: Section 2. The ordinary shall receive an annual salary of $7,200.00, payable in equal monthly installments from the funds of Johnson 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. Legal. Notice is hereby given that there will be introduced at the Regular 1971 Session of the General Assembly of Georgia, a bill or bills to amend the law presently existing as to the salary and compensation of the Ordinary of Johnson County, so as to change the salary of such offices and for other purposes. Roy J. Chappell, Sr., Representative, District 42 W. W. Larsen, Jr., Representative, District 42 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy J. Chappell,

Page 2622

Sr., 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 28, February 4, and 11, 1971. /s/ Roy J. Chappell, Sr. Representative, 42nd District Sworn to and subscribed before me, this 11th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. LAURENS COUNTYORDINARY PLACED ON SALARY, ETC. No. 236 (House Bill No. 641). An Act to place the Ordinary of Laurens County upon an annual salary in lieu of the fee system of compensation; to provide that all fees, costs, fines, forfeitures, commissions, other emoluments, or perquisites and other compensations of the Ordinary of Laurens County shall become the property of and be paid to the governing authority of Laurens County; to provide for the collection of all such fees, costs, fines, forfeitures, commissions, emoluments and perquisites and the payment thereof to the governing authority of Laurens County; to provide for certain employees and their compensation; to provide for the payment of operating expenses of the office of ordinary; to provide for a budget; to provide

Page 2623

an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . After the effective date of this Act, the present method of compensating the Ordinary of Laurens County, known as the fee system, is hereby abolished and in lieu thereof the ordinary shall receive a salary of $10,500.00 per annum, payable in equal monthly installments from the funds of Laurens County. The annual salary provided for herein shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments and perquisites heretofore allowed as compensation to the ordinary, regardless of in what capacity said services for such fees, costs, fines, forfeitures, commissions, emoluments or perquisites were rendered. Salary. Section 2 . All fees, costs, fines, forfeitures, Commissions, emoluments and perquisites of whatever nature provided by law for services rendered by the ordinary shall be charged and collected by said officer and shall be held by him as county funds. The ordinary shall diligently and faithfully undertake to collect all such fees, costs, fines, forfeitures, commissions, emoluments and perquisites formerly allowed him as compensation for services rendered by him and shall receive and hold the same in trust for Laurens County as public monies and shall pay the same to the governing authority of Laurens County on or before the first (1st) day of each month next following the month in which they were collected or received. At the time of such monthly payment, the ordinary shall also furnish the governing authority of Laurens County a detailed, itemized statement, under oath, of all such funds so received by him during the preceding month. The statement shall show the respective amounts of money collected and the source thereof. The ordinary shall keep such books as required and all such records shall be open to the inspection of the governing authority of Laurens County and its auditors at all times during the hours for which the ordinary's office is open for business. County funds.

Page 2624

Section 3 . The ordinary of said county shall have the authority to employ and appoint a clerk of ordinary and such other additional personnel as are authorized by the Board of Commissioners of Laurens 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 other personnel and to prescribe their duties and assignments and to remove and replace them at will within his sole discretion. The clerk of the ordinary shall receive a salary of $5,200.00 per annum, payable in equal monthly installments from the funds of Laurens County. Additional personnel actually employed shall receive a salary determined by the Board of Commissioners of Laurens County and payable in equal monthly installments from the funds of Laurens County. Personnel. Section 4 . Fifteen days before the effective date of this Act, the ordinary shall submit a salary budget to the Board of Commissioners of Laurens County, in such form as may be required by said board, for the operation of his office. Thereafter the ordinary shall submit a budget to the Board of Commissioners of Laurens County in such form as required by said board on or before November 1st of each year for the operation of his office for the ensuing calendar year. In the absence of objections of said Board of Commissioners of Laurens County within thirty (30) days after the submission to it, the budget submitted shall become an obligation of Laurens County. Budget. In the event the Board of Commissioners of Laurens County object or disagree with said budget it shall notify the ordinary of the corrections to said budget. Said notice shall be in writing and personally delivered to the ordinary. Said notice shall set a date for the ordinary to appear before the Board of Commissioners of Laurens County. On said date the Board of Commissioners of Laurens County shall afford the ordinary an opportunity to submit evidence relating to his submitted budget. The final budget prepared and adopted shall be an obligation of Laurens County. If in the judgment of the ordinary, an emergency should arise by reason of which the ordinary would be unable to

Page 2625

perform his duties without the expenditure of larger amounts than are provided, he may apply to the Board of Commissioners of Laurens County for appropriation of additional funds and shall, at the time of such application, submit to them evidence relating to his request for an additional appropriation. If, after hearing from him, the said Board of Commissioners of Laurens County shall grant an additional appropriations, such additional appropriation shall become an obligation of Laurens County. Section 5 . It shall be the obligation of the governing authority of the county to furnish all supplies, equipment, utilities, material, forms or any other item needed to effectively and efficiently discharge the duties of his office. Supplies. Section 6 . All fees, costs, fines, forfeitures, commissions, emoluments and perquisites which have accrued to the ordinary at the time this Act becomes effective and to which said officer is entitled and which remain uncollected at the time this Act becomes effective, shall, when collected, be paid to said officer and shall be his funds. He shall, however, report the collection of any such fees to the governing authority of the county. 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. Legal. Notice is hereby given that there will be introduced at the 1971 regular session of the General Assembly of Georgia a bill or bills for the purpose of changing the method of compensation of the Ordinary of Laurens County, for the purpose of fixing a salary of the Ordinary of Laurens County in lieu of the fee system, for the purpose of providing salaries of clerical personnel in the Court of Ordinary,

Page 2626

for the purpose of providing for the expenses of the office of the Ordinary, and for other purposes. Roy J. Chappell, Sr., Representative, Post 1, District 42 W. W. Larsen, Jr., Representative, Post 2, District 42 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy J. Chappell, Sr., 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: January 30, February 6, 13, 1971. /s/ Roy J. Chappell, Sr., Representative, 42nd District Sworn to and subscribed before me, this 16th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971.

Page 2627

JOHNSON COUNTYSHERIFF'S COMPENSATION CHANGED, ETC. No. 237 (House Bill No. 642). An Act to amend an Act placing the Sheriff of Johnson County on an annual salary in lieu of the fee system of compensation, approved March 24, 1965 (Ga. L. 1965, p. 2579), as amended, by an Act approved March 21, 1968 (Ga. L. 1968, p. 2723), and an Act approved March 12, 1970 (Ga. L. 1970, p. 2528), so as to change the compensation of the sheriff; to change the compensation of the deputy sheriff; to change the number of automobiles authorized for 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 Johnson County on an annual salary in lieu of the fee system of compensation, approved March 24, 1965 (Ga. L. 1965, p. 2579), as amended, by an Act approved March 21, 1968 (Ga. L. 1968, p. 2723), and an Act approved March 12, 1970 (Ga. L. 1970, p. 2528), is hereby amended by striking from section 2 the following: $7,200.00 and inserting in lieu thereof the following: $9,000.00, so that when so amended section 2 shall read as follows: Section 2. The sheriff shall receive an annual salary of $9,000.00, payable in equal monthly installments from the funds of Johnson County.

Page 2628

Section 2 . Said Act is further amended by striking from the first sentence of section 4 the following: $500.00 and inserting in lieu thereof the following: $600.00, so that when so amended section 4 shall read as follows: The sheriff shall have the authority to appoint one deputy, who shall be compensated in the sum of $600.00 per month from county funds. 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 his deputy, and to prescribe his duties and assignments, and to remove or replace said deputy at will and within his sole discretion. Section 3 . Said Act is further amended by striking from the first sentence of section 5 the following: one automobile and inserting in lieu thereof the following: two automobiles, so that when so amended section 5 shall read as follows: Section 5. The necessary operating expenses of the sheriff's office, expressly including the cost of furnishing and maintaining two automobiles, 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

Page 2629

shall be at the sole discretion of the governing authority of Johnson County. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Legal. Notice is hereby given that there will be introduced at the Regular 1971 Session of the General Assembly of Georgia, a bill or bills to amend the Act placing the Sheriff of Johnson County on salary so as to change the salary of the sheriff of Johnson County, so as to change the salary of his Deputy, so as to change the provisions as to operating expenses and automobiles of the Sheriff's office, and so as to provide for other purposes. Roy J. Chappell, Sr., Representative, District 42 W. W. Larsen, Jr., Representative, District 42 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy J. Chappell, Sr., 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 28, February 4, 11, 1971. /s/ Roy J. Chappell, Sr. Representative, 42nd District

Page 2630

Sworn to and subscribed before me, this 16th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. JOHNSON COUNTYSUPERIOR COURT CLERK PLACED ON SALARY. No. 238 (House Bill No. 643). An Act to abolish the present mode of compensating the Clerk of Superior Court of Johnson 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 Superior Court of Johnson 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 . The Clerk of Superior Court shall receive an annual salary of $7,200.00, payable in equal monthly installments from county funds. Salary.

Page 2631

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 Clerk of Superior Court 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. County funds. Section 4 . The Clerk of Superior Court shall have the authority to appoint such deputies, clerks, assistants and other personnel as are authorized by the Board of Commissioners of Johnson County. He shall, from time to time, recommend to the Board of Commissioners of Johnson 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 Board of Commissioners of Johnson 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 Clerk of Superior Court, 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. Personnel. Section 5 . The necessary operating expenses of the Clerk of Superior Court'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, uniforms, vehicles and equipment, and the repair, replacement

Page 2632

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 Johnson County. Expenses. Section 6 . 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 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Legal. Notice is hereby given that there will be introduced at the Regular 1971 Session of the General Assembly of Georgia, a bill or bills to provide a salary for the Clerk of the Superior Court of Johnson County, to provide for the expenses of the office, and to provide for other purposes. Roy J. Chappell, Sr., Representative, District 42 W. W. Larsen, Jr., Representative, District 42 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy J. Chappell, Sr., 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 28, February 4, and 11, 1971. /s/ Roy J. Chappell, Sr., Representative, 42nd District

Page 2633

Sworn to and subscribed before me, this 11th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. JOHNSON COUNTY COMMISSIONMEMBERS COMPENSATION CHANGED. No. 239 (House Bill No. 644). 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 April 10, 1969 (Ga. L. 1969, p. 2602), so as to change the compensation of the chairman and each of the other members of said 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 Johnson County, approved March 27, 1941 (Ga. L. 1941, p. 887), as amended, particularly by an Act approved April 10, 1969 (Ga. L. 1969, p. 2602), is hereby amended by striking from section 11 the following: eighteen hundred ($1,800.00) dollars and by striking the following: fifteen hundred ($1,500.00) dollars and inserting in lieu thereof, respectively, the following: $2,400.00 and $2,100.00,

Page 2634

so that when so amended, section 11 shall read as follows: Section 11. The chairman of said board shall receive an annual salary of $2,400.00 and the other members of said board shall receive an annual salary of $2,100.00. 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 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. Legal. Notice is hereby given that there will be introduced at the Regular 1971 Session of the General Assembly of Georgia a bill or bills to change the existing law as to compensation of the County Commissioners of Johnson County, the Judge of the State Court of Johnson County and the Solicitor of the State Court of Johnson County and for other purposes. Roy J. Chappell, Sr., Representative, District 42 W. W. Larsen, Jr., Representative, District 42

Page 2635

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy J. Chappell, Sr., 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 28, February 4 and 11, 1971. /s/ Roy J. Chappell, Sr., Representative, 42nd District Sworn to and subscribed before me, this 16th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. CHEROKEE COUNTYCOMPENSATION CHANGED OF CLERK IN COMMISSIONER'S OFFICE. No. 240 (House Bill No. 656). An Act to amend an Act creating the office of commissioner of Cherokee County, approved August 9, 1915 (Ga. L. 1915, p. 3177), as amended, so as to change the provisions relating to the compensation of the clerk serving the office of the commissioner of Cherokee County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 2636

Section 1 . An Act creating the office of commissioner of Cherokee County, approved August 9, 1915 (Ga. L. 1915, p. 3177), as amended, 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. (a) The commissioner of Cherokee County shall appoint a clerk who shall be compensated in equal monthly installments from the funds of Cherokee County in accordance with the following salary schedule: (1) For a new employee, the beginning salary shall be $3,600.00 per annum. (2) For an employee with one year of satisfactory service, the salary shall not exceed $4,200.00 per annum. (3) For an employee with two years of satisfactory service, the salary shall not exceed $4,600.00 per annum. (4) For an employee with three years of satisfactory service, the salary shall not exceed $4,800.00 per annum. (5) For a employee with four years of satisfactory service, the salary shall not exceed $5,000.00 per annum. (6) For an employee with five years of satisfactory service, the salary shall not exceed $5,200.00 per annum. (b) 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 person 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 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

Page 2637

his duties; said clerk shall hold said office at the discretion of the commissioner. Section 2 . 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 legislation will be introduced at the regular 1971 Session of the General Assembly of Georgia, a bill to change the compensation of the deputies or clerks of the various elected county officials of Cherokee County; and for other purposes. This 11th day of January, 1971. Andy Roach, Representative, 10th District, Post 3. 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 followint dates: January 14, 21 and 28, 1971. /s/ Thomas A. Roach, Representative, 10th District Sworn to and subscribed before me, this 16th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971.

Page 2638

MORGAN COUNTYPROCEDURE FOR ELECTION OF MEMBERS OF COMMISSION CHANGED. No. 241 (House Bill No. 664). An Act to amend an Act creating a Board of Commissioners in and for the County of Morgan, approved March 22, 1935 (Ga. L. 1935, p. 738), as amended, so as to change the method of nominating and electing candidates for the office of Commissioner; to provide for filling of vacancies; 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 in and for the County of Morgan, approved March 22, 1935 (Ga. L. 1935, p. 738), 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 term of office of the members of said Board shall be four years and until their successors are elected and qualified. They shall be elected by the qualified voters of Morgan County. The member elected from each district shall have been a resident of said district at least 12 months before his election. In any primary for the nomination of candidates of a political party for members of said Board of Commissioners, candidates shall be residents of and nominated from their respective districts, but such candidates for nomination shall be voted upon by the voters of the entire County. At the General Election such nominees shall be voted upon by the voters of the entire County. 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. Any vacancy in the membership of said Board shall be filled by a special election to be called by the Ordinary of Morgan County and conducted under the

Page 2639

provisions of general law. The person elected shall be elected for the unexpired term resulting from the vacancy. 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 1971 Session of the General Assembly, a bill to change the method of nominating and electing candidates for the Board of Commissioners of Roads and Revenues of Morgan County; to repeal conflicting laws; and for other purposes. This 30 day of December, 1970. E. R. Lambert Representative, 25th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert, who, 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: January 7, 14 and 21, 1971. /s/ E. Roy Lambert, Representative, 25th District Sworn to and subscribed before me, this 17th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971.

Page 2640

HALL COUNTYCOMPENSATION OF MEMBERS OF BOARD OF COMMISSIONERS CHANGED. No. 242 (House Bill No. 672). An Act to amend an Act creating a Board of Commissioners for Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved March 30, 1937 (Ga. L. 1937, p. 1344), an Act approved February 19, 1953 (Ga. L. 1953, p. 2224), and an Act approved March 2, 1961 (Ga. L. 1961, p. 2121), so as to change the compensation of the members of the Board of Commissioners of Hall County; to provide that the members of the Board of Commissioners shall not be entitled to any expenses incurred within the county in the performance of their 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 creating a Board of Commissioners for Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved March 30, 1937 (Ga. L. 1937, p. 1344), an Act approved February 19, 1953 (Ga. L. 1953, p. 2224), and an Act approved March 2, 1961 (Ga. L. 1961, p. 2121), is hereby amended by striking section 12 in its entirety and inserting in lieu thereof a new section 12, to read as follows: Section 12. The compensation of each member of the Board of Commissioners shall be $5,400.00 per annum, payable in equal monthly installments. However, the Chairman of the Board shall receive $6,600.00 per annum, payable in the same manner. Members of the Board of Commissioners shall not be entitled to any expenses incurred within the county in the performance of their official duties. 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.

Page 2641

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 1971 session of the General Assembly of Georgia, a bill to amend the Act creating the Board of Commissioners of Roads and Revenues for the County of Hall (Ga. L. 1935, pp. 661 et seq.) as amended March 2, 1961 (1961 Ga. L., p. 2121), so as to change the provisions relative to the compensation for the Board of Commissioners of Roads and Revenues for the County of Hall and for other purposes. This 21st day of December, 1970. W. M. Williams Representative Joe T. Wood Representative Doug Whitmire Representative elect Howard T. Overby State Senator elect 49th Senatorial District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Doug Whitmire, 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 Gainesville Tribune, which is the official organ of Hall County, on the following dates: December 22, 30, 1970, January 6, 1971. /s/ Doug Whitmire Representative, 11th District

Page 2642

Sworn to and subscribed before me, this 9th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. CLINCH COUNTYCHAIRMAN OF BOARD OF COMMISSIONERSSALARY CHANGED. No. 243 (House Bill No. 755). An Act to amend an Act creating a Board of Commissioners of Clinch County, approved March 9, 1933 (Ga. L. 1933, p. 456), as amended, particularly by an Act approved April 4, 1967 (Ga. L. 1967, p. 2574), so as to increase the maximum 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 a Board of Commissioners of Clinch County, approved March 9, 1933 (Ga. L. 1933, p. 456), as amended, particularly by an Act approved April 4, 1967 (Ga. L. 1967, p. 2574), is hereby amended by striking from section 9 the following: $600.00, and inserting in lieu thereof the following: $700.00, so that when so amended, section 9 shall read as follows:

Page 2643

Section 9. The salary of the chairman of the board shall be fixed by the board in an amount not less than $400.00 per month and not more than $700.00 per month. The salaries of each of the other members of the board shall be fixed by the board in an amount not less than $50.00 per month and not more than $100.00 per month. All salaries shall be paid monthly out of the general funds of the county. Provided, however, that if the chairman does not give his entire time to the discharge of his duties as chairman of the board, then he shall receive only the compensation provided herein for other members of the board. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without 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 1971 session of the General Assembly of Georgia a bill to amend an Act so as to change the compensation of the Judge and Solicitor of the State Court of Clinch County, and the Chairman of the Board of County Commissioners; to repeal conflicting laws; and for other purposes. This 6th day of Jan., 1971. Ottis Sweat, State Representative Harry Dixon, State Representative Frank Eldridge, Senator, 7th District

Page 2644

Georgia, Clinch County: Personally appears before me, a Notary Public duly authorized to administer oaths in said county and state, Iverson H. Huxford, who on oath, deposes and says that he is Publisher of The Clinch County News, the official organ of Clinch County, Georgia; further, that the following legal advertisement, Notice of Intention to Introduce Local Legislation, was duly published in said publication on January 8, 1971, January 15, 1971, and January 22, 1971: /s/ Iverson H. Huxford Deponent Sworn to and subscribed before me, this 11th day of February, 1971. /s/ Beulah Nettles, Notary Public, Clinch County, Ga. My Commission Expires April 5, 1971. Approved March 30, 1971. CLINCH COUNTYCOMPENSATION OF JUDGE AND SOLICITOR OF STATE COURT INCREASED. No. 244 (House Bill No. 756). An Act to amend an Act creating and establishing the State Court of Clinch County (formerly the County Court of Clinch County), approved January 29, 1943 (Ga. L. 1943, p. 731), as amended, particularly by an Act approved February 14, 1958 (Ga. L. 1958, p. 2080), so as to increase the compensation of the judge and 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 creating and establishing the State

Page 2645

Court of Clinch County (formerly the County Court of Clinch County), approved January 29, 1943 (Ga. L. 1943, p. 731), as amended, particularly by an Act approved February 14, 1958 (Ga. L. 1958, p. 2080), is hereby amended by striking section 10 in its entirety and inserting in lieu thereof a new section 10, to read as follows: Section 10. There shall be a judge of said court who shall be elected by the qualified voters of Clinch County and commissioned by the Governor, who shall hold his office for a period of four years and thereafter until his successor is qualified, and in case of a vacancy, the vacancy in said office shall be filled by appointment by the Governor for the unexpired term. The judge of said court shall receive a salary of $2,400.00 per annum, which shall be paid monthly by the clerk of the board of county commissioners or by such other person or persons as are now or may hereafter be charged by law with the paying out of money of the County of Clinch. It shall be the duty of the board of commissioners of said county, or other proper officer, to annually make provisions for this purpose in levying taxes. Said judge shall receive no other compensation from the county of Clinch, but shall not be disqualified to practice law in courts other than his own. Judge. Section 2 . 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. There shall be a solicitor of said court who shall be elected and commissioned in the same manner provided for the election of the judge of said court. Said solicitor shall receive the same fees for each written accusation as are allowed for each indictment in the Superior Court, and his fee for all other services rendered shall be the same as allowed district attorneys of the Superior Courts but all such fees shall be paid into the county treasury by said solicitor as collected, and in lieu thereof he shall receive the sum of $2,400.00, the same to be paid out of the county treasury. The said solicitor shall receive no other fees or compensation for his services from the county of Clinch, except that the solicitor of said court

Page 2646

shall, for his services in the Supreme Court and Court of Appeals, be paid out of the State Treasury in the same manner as the district attorney of the Superior Court is paid for like services rendered in such courts. In any case of a vacancy in the office of said solicitor of said court, whether voluntary or involuntary, it shall be filled for the entire unexpired term by the Board of Commissioners of Clinch County, Georgia. Solicitor. The solicitor of said court shall be a person 21 years of age, a duly licensed practicing attorney, and a bona fide resident of Clinch County. Before being able to fill the office for solicitor of said court the person seeking the office must have been a resident of Clinch County for 12 months and must remain a resident of Clinch County during the tenure of his office. 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 1971 session of the General Assembly of Georgia a bill to amend an Act so as to change the compensation of the Judge and Solicitor of the State Court of Clinch County, and the Chairman of the Board of County Commissioners; to repeal conflicting laws; and for other purposes. This 6th day of Jan., 1971. Ottis Sweat, State Representative Harry Dixon State Representative Frank Eldridge, Senator, 7th District

Page 2647

Georgia, Clinch County. Personally appears before me, a Notary Public duly authorized to administer oaths in said county and state, Iverson H. Huxford, who on oath, deposes and says that he is Publisher of The Clinch County News, the official organ of Clinch County, Georgia; further, that the following legal advertisement, Notice of Intention to Introduce Local Legislation, was duly published in said publication on January 8, 1971, January 15, 1971, and January 22, 1971: /s/ Iverson H. Huxford Deponent Sworn to and subscribed before me, this 11th day of February, 1971. /s/ Beulah Nettles, Notary Public, Clinch County, Ga. My Commission Expires April 5, 1971. (Seal). Approved March 30, 1971. FORSYTH COUNTYCOMPENSATION OF CHIEF DEPUTY SHERIFF AND OTHER DEPUTIES INCREASED. No. 245 (House Bill No. 757). 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), as amended by an Act approved February 21, 1969 (Ga. L. 1969, p. 2033), so as to change the compensation of the chief deputy and other deputies of the sheriff of Forsyth County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 2648

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), as amended by an Act approved February 21, 1969 (Ga. L. 1969, p. 2033), 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. The sheriff of Forsyth County shall have the authority to appoint one chief deputy and fix his compensation at not more than $6,600.00 per annum, and four additional deputies and fix their compensation at not more than $5,400.00 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. 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 1971 Session of the Georgia Assembly of the State of Georgia a bill providing for increasing the salaries of the deputy sheriffs of Forsyth County by $50 per month, said legislation being so introduced after the recommendation concerning same having been passed by two consecutive grand juries immediately preceding the introduction hereof. This the 26th day of January, 1971. Doug Whitmire Representative, 11th Congressional District Georgia, Fulton County. Personally appeared before me, the undersigned authority,

Page 2649

duly authorized to administer oaths, Doug Whitmire, 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: January 28, February 4 and 11, 1971. /s/ Doug Whitmire Representative, 11th District Sworn to and subscribed before me, this 22nd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. DECATUR COUNTYBOARD OF EDUCATION MEMBERSHIP INCREASEREFERENDUM. No. 246 (House Bill No. 789). An Act to increase the membership of the Board of Education of Decatur County by two members; to provide for the appointment of the additional two members; to provide for initial and regular terms of office of the two additional members; 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 Decatur County shall be composed of seven members. The two additional members of the Board provided for by this Act shall be

Page 2650

appointed as hereinafter provided. If this Act shall be approved in the referendum election provided for in section 2, the additional two members of the Decatur County Board of Education shall be appointed to the Board by the Decatur County Grand Jury which convenes immediately after said election. In selecting the additional members, the Grand Jury may select individuals who reside within the Decatur County School District. One of the additional members of the Board of Education provided for by this Act shall be appointed for an initial term of office of four years and until his successor is duly appointed and qualified. The remaining additional member shall be appointed for an initial term of office of five years and until his successor is duly appointed and qualified. Thereafter, all subsequent appointments shall be made for a term of office of five years and until their respective successors are duly appointed and qualified. Members. 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, it shall be the duty of the Ordinary of Decatur County to issue the call for an election for the purpose of submitting this Act to the voters of said 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 Decatur County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act increasing the membership of the Board of Education of Decatur County by two members be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Decatur County. It shall be the duty of

Page 2651

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 1971 session of the General Assembly of Georgia a bill to change the membership of the Board of Education of Decatur County; to provide for a referendum; to provide for matters relative thereto; and for other purposes. This 2nd day of February, 1971. R. A. Griffin Representative, 68th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. A. Cheney Griffin 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 Bainbridge Post-Searchlight which is the official organ of Decatur County, on the following dates: February 4, 11, and 18, 1971. /s/ R. A. Cheney Griffin Representative, 68th District

Page 2652

Sworn to and subscribed before me, this 23rd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. HENRY COUNTYBOARD OF COMMISSIONERS PURCHASING PROCEDURES CHANGED, ETC. No. 247 (House Bill No. 800). An Act to amend an Act creating a Board of Commissioners for Henry County, approved August 8, 1921 (Ga. L. 1921, p. 490), as amended, so as to increase the surety bond of the Chairman and other members of the Board; to provide for the employment of a certified public accountant for the purpose of making an annual continuous audit of County finances and financial records; to change the purchasing procedures; 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 a Board of Commissioners for Henry County, approved August 8, 1921 (Ga. L. 1921, p. 490), as amended, 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. Before entering upon the discharge of their duties, the Chairman and other members of the Board shall subscribe an oath before the Ordinary of Henry County for the true and faithful performance of their duties and that they are not the holders of any unaccounted for public

Page 2653

funds. The Chairman shall give a satisfactory surety bond to be approved by the Ordinary of Henry County and payable to the Ordinary or his successor in office and filed in the office of the Ordinary, in the sum of twenty-five thousand dollars ($25,000.00), conditioned upon the faithful performance of the duties of his office. In addition, each of the other members of the Board shall give a satisfactory surety bond to be approved by the Ordinary of Henry County and payable to the Ordinary or his successor in office and filed in the office of the Ordinary, in the sum of ten thousand dollars ($10,000.00), conditioned upon the faithful performance of the duties of their respective offices. The premiums for said bonds shall be paid out of the County Treasury. Oath. Bond. Section 2 . Said Act is further amended by adding a new section immediately following section 7, to be designated section 7A, to read as follows: Section 7A . The Board each year shall obtain bids and employ a certified public accountant for the purpose of making an annual continuous audit of County finances and financial records. The accountant so employed shall be paid by the Board out of County funds and shall perform a complete audit of the financial records of the County for the ensuing fiscal year, pointing out any irregularities found to exist, and reporting the results of such audit to the Board at least quarterly. Each quarterly and annual report submitted to the Board shall be available for public inspection in the same manner as other records in such office. The Board shall cause a statement of the financial condition of the County as of December 31 and June 30 of each year to be published in the official organ of Henry County. Certified public accountant. Section 3 . 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 Board of Commissioners shall be the sole purchasing agent in said County, and shall execute all contracts for the purchase of all articles, goods, wares, materials

Page 2654

or merchandise for the use of said County. Before contracting to buy articles, goods, wares, material or merchandise which amount in bulk to more than two hundred fifty dollars ($250.00), it shall be the duty of said Board of Commissioners to have submitted to them at least three (3) competitive bids from dealers in the articles, goods, wares, materials or merchandise sought to be purchased (except that emergency repairs shall be treated as services even though they may include parts or other materials), and they shall from the same quality of goods accept the lowest and best bid, and such bids, as well as all invoices of everything purchased, shall be kept on file by the Clerk in the office of the Board of Commissioners. In determining whether articles, goods, wares, materials or merchandise are the same quality, the Board may consider the utility of such items for the specific purpose for which needed, and the cost and availability of service for such items, insofar as determinable from bids and from inspection and past experience. The requirement of three (3) bids shall not apply to the purchase of necessary items if fewer than three (3) dealers in such items are accessible, provided a bid or bids are obtained from the accessible dealer or dealers. The requirement of three (3) bids shall not apply to the purchase of items (including office supplies) which any county officer is legally required to obtain or keep or which the Board is legally required to furnish to such offices. No Commissioner shall receive any rebates, discounts or perquisites on account of any contracts or purchases they may make. Said Chairman shall have the right in only cases of emergency to employ a particular work or service for the County, and then in an amount not to exceed two hundred fifty dollars ($250.00) for the whole of said work or service, which he shall report to the next meeting of the Board. Purchasing agent. 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 1971 session of the General Assembly of Georgia,

Page 2655

a bill to amend an act creating a Board of Commissioners for Henry County, approved Aug. 8, 1921 (Georgia L. 1921, page 490) as amended, so as to change the purchasing procedures; to provide for all matters relative to the foregoing; and for other purposes. This 1st day of February, 1971. Don L. Knowles Representative, 22nd District. Terrell A. Starr Senator 44th 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 4, 11 and 18, 1971. /s/ Don L. Knowles Representative, 22nd District Sworn to and subscribed before me, this 17th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971.

Page 2656

CITY OF POWDER SPRINGSCHARTER AMENDED. No. 248 (House Bill No. 832). An Act to amend an Act creating a charter for the City of Powder Springs in the County of Cobb, approved March 13, 1970 (Ga. L. 1970, p. 2760), so as to provide for annexation of territory to the City of Powder Springs; to change the date for holding elections in 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 charter for the City of Powder Springs in the County of Cobb, approved March 13, 1970 (Ga. L. 1970, p. 2760), is hereby amended by adding at the end of section 1.02 of Article I the following: In addition to the corporate boundary of the City of Powder Springs described in this Section and described in the previous Acts of the State of Georgia herein and heretofore re-incorporated as the boundaries of the City of Powder Springs, there shall be added to the corporate limits of the City of Powder Springs, which on or after the approval of this Act shall include in addition to the above described area all the area embraced within the following described tracts of land: Tract No. 1 All that tract or parcel of land lying and being in Land Lots 726 and 755 of the 19th District, 2nd Section of Cobb County, Georgia, which is more particularly described as follows: Beginning at an iron pin on the southwesterly side of Macedonia Road 410 feet easterly and northeasterly as measured along the southerly and southeasterly side of Macedonia Road from its intersection with the west original line of Land Lot 726; running thence southeasterly along the southwesterly side of Macedonia Road 301.9 feet to a point; continuing southeasterly 240.1 feet to an iron pin; thence south 3 degrees, 56 minutes west 237 feet to an iron pin; thence south 58 degrees, 28 minutes east 120 feet to

Page 2657

an iron pin; thence continuing south 72 degrees, 40 minutes east 254.1 feet to an iron pin; thence continuing south 77 degrees, 15 minutes east 48,74 feet to an iron pin; thence south 7 degrees, 31 minutes east 360 feet to an iron pin on the present City Limits of Powder Springs, Georgia; thence south 89 degrees, 21 minutes west 1211.3 feet to a concrete monument; thence north 0 degrees, 58 minutes west 667.2 feet to an iron pin at the northwest corner of Land Lot 755; thence continuing north 0 degrees, 36 minutes west 169.6 feet to an iron pin; thence south 65 degrees, 32 minutes east 209.8 feet to an iron pin; thence continuing south 55 degrees, 43 minutes east 200 feet to an iron pin; thence north 0 degrees, 34 minutes west 421.8 feet to the iron pin at the point of beginning. Tract No. 2 . All that tract or parcel of land lying and being in Land Lot 726 of the 19th District, 2nd Section of Cobb County, Georgia, which is more particularly described as follows: Beginning at an iron pin on the northeasterly side of Macedonia Road 568 feet northwesterly as measured along the northeasterly side of Macedonia Road from its intersection with the centerline of Georgia Highway No. 176; running thence northwesterly along the northeasterly side of Macedonia Road 198.2 feet to an iron pin; thence northerly 185.1 feet to an iron pin; thence southeasterly 194.74 feet to an iron pin; thence south 189.45 feet to the northwesterly side of Macedonia Road and the iron pin at the point of beginning. Tract No. 3 . All that tract or parcel of land lying and being in Land Lots 904 and 947, 19th District, 2nd Section, Cobb County, Georgia, which is more particularly described as follows: Beginning at the intersection of the south right-of-way of Atlanta Street and the east boundary of Powder Springs School property; thence east along the south right-of-way of Atlanta Street 211.2 feet to the point of beginning and from said point of beginning continuing thence south 3 degrees, 22 minutes west 482.5 feet to an iron pin; thence

Page 2658

south 31 degrees, 08 minutes east 349.42 feet to an iron pin; thence south 89 degrees, 12 minutes west 310.50 feet to an iron pin; thence south 0 degrees, 21 minutes, 20 seconds east 716.27 feet to an iron pin; thence north 89 degrees, 0 minutes east 791 feet to an iron pin; thence north 31 degrees, 08 minutes west 1,188.77 feet to an iron pin; thence north 3 degrees, 22 minutes east 466.25 feet to an iron pin and the south right-of-way of Atlanta Street; thence west along the south right-of-way of Atlanta Street 50 feet to the point of beginning. Tract No. 4 . All that tract or parcel of land lying and being in Land Lot 907 of the 19th District, 2nd Section of Cobb County, Georgia, which is more particularly described as follows: Beginning at an iron pin on the north side of Sharon Drive at its intersection with the west original line of said Land Lot; running thence north along the west original line of said Land Lot 200 feet to an iron pin; thence north 89 degrees, 05 minutes east 1001 feet to an iron pin; thence south 1 degree, 20 minutes east 200 feet to an iron pin on the north side of Sharon Drive; thence west along the north side of Sharon Drive 1001 feet to the iron pin at the point of beginning. Section 2 . Said Act is further amended by striking from the third paragraph of section 2.03 of Article II the following: on the first Saturday in December, 1970, and substituting in lieu thereof the following: on the second Saturday in November, 1971, so that when so amended said third paragraph of section 2.03 of Article II shall read as follows: On the second Saturday in November, 1971, and on said date biennially thereafter, an election shall be held for those councilmen who at said date are serving as `Councilman,

Page 2659

Post No. 1', `Councilman, Post No. 2', and `Councilman, Post No. 3'. Such position shall continue to be designated as `Councilman, Post No. 1', `Councilman, Post No. 2', and `Councilman, Post No. 3'. The candidates for each post receiving a majority vote shall be declared elected as councilman for that post for which he qualified. Any person possessed with the qualifications as required by law may qualify for any council post or for mayor. 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 1971 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Powder Springs (Ga L. 1920, p. 1437, et seq), as heretofore amended; and for other purposes. This 22nd day of December, 1970. Cyrus M. Chapman J. H. Henderson Jr. Senators George H. Kreeger Eugene Housley Howard Atherton A. L. Burruss Joe Mack Wilson G. Robert Howard 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

Page 2660

in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 8, 15 and 22, 1971. /s/ George H. Kreeger Representative, 117th District Sworn to and subscribed before me, this 24th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. DECATUR COUNTYCOMPENSATION OF CHIEF DEPUTY SHERIFF AND OTHER DEPUTIES INCREASED. No. 249 (House Bill No. 862). An Act to amend an Act placing the Sheriff of Decatur County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2134), as amended, by an Act approved March 12, 1970 (Ga. L. 1970, p. 2593), so as to change the compensation of the chief deputy and other deputies; to provide for a night jailer and his compensation; 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 Decatur County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2134) as amended by an Act approved March 12, 1970 (Ga. L. 1970,

Page 2661

p. 2593), 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 sheriff shall have the authority to appoint a full time chief deputy and shall have the authority to appoint two additional full time deputies and to fix their respective salaries. The salary of the chief deputy shall be set at not more than $632.50 per month, to be paid from the funds of Decatur County. The salaries of the two full time deputies shall be set at not more than $605.00 per month, to be paid from the funds of Decatur County. The sheriff is authorized to appoint a part-time deputy and to fix his compensation at not less than $600.00 nor more than $700.00 per annum, payable monthly. In addition to such deputies, the sheriff is authorized to employ a stenographer and to fix her compensation at not more than $275.00 per month, payable from the funds of Decatur County. The sheriff is authorized to employ such number of deputies as are needed while the courts in which the sheriff acts as such are in session and such deputies shall receive the same compensation as is prescribed for jurors. The sheriff is authorized to employ a night jailer. The compensation of such night jailer shall be determined by the sheriff except that the compensation of the night jailer shall not exceed $400.00 per month, to be paid out of the funds of Decatur County. In the event of emergencies arising in Decatur County, the sheriff is authorized to appoint such deputies as are needed to cope with such situations and such deputies shall receive such compensation as the sheriff and the governing authority of Decatur County shall agree upon. 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 chief deputy, deputies, clerks, stenographers, 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 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2662

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1971 Session of the General Assembly of Georgia a bill to provide for additional employees of the Sheriff of Decatur County; to provide for the duties, powers and compensation of said employees; to repeal conflicting laws; and for other purposes. This 19th day of Jan. 1971. R. A. Griffin Representative 68th District J. Willis Conger Representative, 68th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. A. Cheney Griffin 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 Bainbridge Post-Searchlight which is the official organ of Decatur County, on the following dates: January 21, 28 and February 4, 1971. /s/ R. A. Cheney Griffin Representative, 68th District Sworn to and subscribed before me, this 26th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971.

Page 2663

TALBOT COUNTYTAX COMMISSIONER'S COMPENSATION INCREASED. No. 251 (House Bill No. 884). An Act to amend an Act creating the office of tax commissioner of Talbot County, approved March 6, 1939 (Ga. L. 1939, p. 730), as amended, particularly by an Act approved March 21, 1968 (Ga. L. 1968, p. 2500), 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 creating the office of tax commissioner of Talbot County, approved March 6, 1939 (Ga. L. 1939, p. 730), as amended, particularly by an Act approved March 21, 1968 (Ga. L. 1968, p. 2500) is hereby amended by striking from section 5 the following: six thousand ($6,000.00) dollars, and substituting in lieu thereof the following: six thousand six hundred ($6,600.00) dollars, so that when so amended section 5 shall read as follows: Section 5. That said Talbot County tax commissioner shall receive and be paid as full compensation for any and all duties performed by him as receiver and collector of county, school district, and any all other taxes except State, professional, poll and special taxes, a salary of six thousand six hundred ($6,600.00) dollars per annum to be paid in equal monthly installments; and said tax commissioner out of said salary, shall pay whatever clerical help it may be necessary for him to have to perform the duties of said office. The tax commissioner shall be entitled to the commissions now allowed the tax collector on all State, professional, poll and special taxes collected by him.

Page 2664

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 1971 Session of the General Assembly of Georgia, a bill to change the salary of the Tax Commissioner of Talbot County; and for other purposes. This 25 day of January, 1971. Harvey Buckner Tax Commissioner Tom Buffington Chairman of Board of Commissioners, Talbot County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 Talbotton New Era which is the official organ of Talbot County, on the following dates: January 28, February 4 and 11, 1971. /s/ W. Randolph Phillips Representative, 38th District

Page 2665

Sworn to and subscribed before me, this 1st day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. TALBOT COUNTYSHERIFF'S SALARY INCREASED. No. 252 (House Bill No. 885). An Act to amend an Act changing the compensation of the sheriff of Talbot County from the fee system to the salary system, approved March 30, 1965 (Ga. L. 1965, p. 2869), as amended, 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 changing the compensation of the sheriff of Talbot County from the fee system to the salary system, approved March 30, 1965 (Ga. L. 1965, p. 2869) as amended, is hereby amended by striking from section 1 the following: $8,000.00 and substituting in lieu thereof the following: $9,200.00, so that when so amended section 1 shall read as follows: Section 1. The present method of compensation for the sheriff of Talbot County, Georgia, is hereby changed

Page 2666

from the fee system to the salary system and the sheriff of Talbot County shall hereafter be paid on a salary basis. The sheriff shall be compensated for all duties as sheriff and jailer in the amount of $9,200.00 per annum, to be paid in equal monthly installments at the end of each calendar month from the funds of Talbot County. Except for the expenses provided for hereinafter, 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 Talbot 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 Talbot County or for any department or official of the State of Georgia. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or 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 1971 Session of the General Assembly of Georgia, a bill to change the salary of the Sheriff of Talbot County; and for other purposes. This 25 day of January, 1971. Jeff Hendricks, Sheriff, Talbot County, Georgia

Page 2667

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Randolph Phillips who, on oath, deposes and says he is Representative from the 38th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Talbotton New Era which is the official organ of Talbot County, on the following dates: January 28, February 4 and 11, 1971. /s/ W. Randolph Phillips Representative, 38th District Sworn to and subscribed before me, this 1st day of March, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. DECATUR COUNTYSMALL CLAIMS COURTREFERENDUM. No. 253 (House Bill No. 893). An Act creating a Small Claims Court in Decatur County; to provide for the qualifications, appointment, powers, duties, compensation, substitution, and tenure of office of the judge of said court; to provide for the jurisdiction, pleading, practice, and service of process of said court; to provide for a clerk of said court and his duties and compensation; to provide for notice and the procedures connected therewith; to provide for the validation of acts and proceedings; to provide for one or more bailiffs;

Page 2668

to provide for the number of jurors and the manner of their selection; to provide for contempt of court; to provide for appeals from judgments of the Small Claims Court; to provide that the board of commissioners of Decatur County shall provide certain quarters, facilities and accommodations for said court; 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 and established in Decatur County a court to be known as the Small Claims Court, 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 court or courts now or hereafter established in Decatur County. Said jurisdiction shall include the power to issue writs of garnishment and attachment and in addition to the powers herein specifically granted, the powers granted to justices of the peace by the laws of the State of Georgia. Created. Jurisdiction. Section 2 . The Governor shall appoint a citizen of Decatur County to be judge of such court for an initial term of 2 years and, thereafter, for terms of 4 years. Judge. Section 3 . Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other causes, to discharge any duty whatever appertaining to his office, the judge of the Superior Court of Decatur County, or the judge of the State Court of Decatur County, on application of any party, 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. Substitute judges. 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.

Page 2669

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 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. (b) A copy of the verified statement, 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 an officer or person authorized by law to serve process in superior courts, or by a duly qualified Small Claims Court bailiff. (c) When served as provided, the actual cost 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. (d) 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 in unliquidated, plaintiff shall be required to present proof of his claim. (e) Said notice shall provide the day and hour of the hearing, which shall not be less than 15 nor more than 20 days from the date of the service of said notice. Section 7 . A docket shall be maintained in which shall be indicated every proceeding and ruling in each case. Docket. Section 8 . The plaintiff, when he files his claim, shall

Page 2670

deposit with the court the sum of $7.50 which shall cover the costs of that proceeding up to and including the rendering of a judgment, except the cost of serving process of notices to defendants and summoning witnesses when required; but the deposits of costs in cases of attachment, garnishment, trover, statutory foreclosures on personalty, and replevin by possessory warrant, shall be $10.00; and in other matters (not specifically mentioned herein) 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 $10.00. 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 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. Costs. Section 9 . (a) The trial shall be held on the day set for the hearing, or such later time as the judge may set. 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. Trials. (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

Page 2671

plaintiff, arising out of the same transaction, 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. Setoffs. Section 11 . Whenever a claim affidavit and bond are 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 affidavits of illegality. 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 are filed with the levying officer. The party demanding such jury 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 in said proceeding. Claim affidavit. Section 12 . (a) When the judgment is to be rendered and the party against whom it is to be rendered 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. Judgment. (b) The judge of such 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

Page 2672

do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Section 13 . The judge of the Superior Court presiding in Decatur 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. Rules. Section 14 . The judge of such court shall have 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 ruled for failure of duty or malfeasance in office as are other lawful constables of this State. Bailiffs. Section 15 . Said Small Claims Court shall designate regular terms at stated periods, but shall always be open for the transaction of business. The judge thereof shall set dates, in each instance, for all hearings and trials in every kind of case and, shall also designate the times where attachments and executions are returnable and shall also designate the time each answer to a summons of garnishment shall be filed, but no garnishee may be required to file his answer sooner than 15 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

Page 2673

forthwith render judgment 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. Terms. Section 16 . A summons of garnishment may be served by the sheriff or his deputies, or by a lawful constable, or by the Small Claims Court bailiff; 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 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. Postal Service 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. Service of garnishment. Section 17 . Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within 15 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. The judge or clerk shall have the power to subpoena jurymen and witnesses. Such juries shall be selected and composed in the same manner as juries prescribed for Justice of the Peace Courts. Jury trials. Section 18 . The judge of said Small Claims Court shall have power to impose fines of not more than $10.00 or imprisonment

Page 2674

for not longer than twenty-four hours on any person guilty of a contempt of court, such fines to be paid into the county treasury or depository for county purposes. Fines. Section 19 . 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. Liens. Section 20 . Appeals may be had from judgments returned in said 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. Appeals. Section 21 . 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 2675

STATEMENT OF CLAIM NOTICE

Page 2676

Section 22 . All forms, docket books, file jackets, filing cabinets, and the like, required by this Act shall be furnished by the judge of said court from fees collected by him, provided the Board of Commissioners of Decatur County shall provide adequate and suitable quarters, facilities and accommodations, excluding telephone service, for transacting the business of such court, and may provide such additional personnel as in their judgment the court may from time to time require. Quarters, supplies, etc. Section 23 . 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 Ordinary of Decatur County to issue the call for an election for the purpoe of submitting this Act to the voters of said County for approval or rejection. The Ordinary shall set the date of such election for a day not less than 30 nor

Page 2677

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 Decatur County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act creating a Small Claims Court in Decatur County be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Decatur 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 24 . 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 1971 session of the General Assembly of Georgia a bill to create a Small Claims Court in and for Decatur County; to provide the procedures connected therewith; and for other purposes. This, the 11th day of January, 1971. /s/ R. A. Cheney Griffin Representative 68th District

Page 2678

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. A. Cheney Griffin 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 Bainbridge Post-Searchlight, which is the official organ of Decatur County, on the following dates: January 14, 21 and 28, 1971. /s/ R. A. Cheney Griffin Representative, 68th District Sworn to and subscribed before me, this 1st day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. WAYNE COUNTYINCREASES IN SHERIFF'S AND SUPERIOR COURT CLERK'S SALARIES, ETC.REFERENDUM. No. 254 (House Bill No. 918). An Act to amend an Act placing the Sheriff and the Clerk of the Superior Court of Wayne County on a salary basis in lieu of a fee basis of compensation, approved March 10, 1959 (Ga. L. 1959, p. 3031), as amended, so as to change the salaries of the Sheriff, the Clerk of the Superior Court, and the Chief Deputy Clerk of the Superior

Page 2679

Court; 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 placing the Sheriff and the Clerk of the Superior Court of Wayne County on a salary basis in lieu of a fee basis of compensation, approved March 10, 1959 (Ga. L. 1959, p. 3031), 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 Sheriff of Wayne County shall receive a salary of $12,000.00 per annum, to be paid in equal monthly installments from the funds of Wayne County. The Sheriff shall have the authority to appoint, remove, classify and fix the compensation of such deputies, file clerks, jailers and other personnel as the Sheriff may deem necessary to properly carry out the functions of his office, provided, however, that the number of such personnel and their compensation shall be subject to the approval of the governing authority of Wayne County; provided further, that in the event the governing authority of Wayne County shall create a county police force as authorized by a resolution proposing an amendment to the Constitution of Georgia, ratified November 6, 1962 (Ga. L. 1962, p. 1117), thereby relieving the Sheriff of Wayne County from law enforcement duties and duties as jailer, then, and in that event the Sheriff shall receive a salary of $6,000.00 per annum. Sheriff's salary. Personnel. It shall be the duty of the governing authority of Wayne County to provide or cause to be provided sufficient vehicles, radios, uniforms, office supplies and other equipment as well as the cost of the operation and maintenance thereof, as may be reasonably necessary to permit the Sheriff of Wayne County to properly carry out the duties of his office. Supplies and equipment. 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:

Page 2680

Section 3. The Clerk of the Superior Court of Wayne County shall receive a salary of $12,000.00 per annum, to be paid in equal monthly installments from the funds of Wayne County. The Clerk is hereby authorized to appoint a Chief Deputy, who shall receive a salary of $7,200.00 per annum, to be paid in equal monthly installments from the funds of Wayne County. The expenses of the office of the Clerk of the Superior Court, such as desks, paper and other supplies, shall be furnished and paid for from the funds of Wayne County upon approval of the governing authority of Wayne County. No clerical help shall be employed by the Clerk without the approval of the governing authority of Wayne County, and in the event such approval is given, the compensation of such clerical help shall be fixed by the governing authority of Wayne County and shall be paid in equal monthly installments from the funds of Wayne County. Clerk's salary. Chief deputy. Expenses. Section 3 . It shall be the duty of the Ordinary of Wayne County to issue the call for an election for the purpose of submitting this Act to the voters of Wayne County for approval or rejection. The Ordinary shall set the date of such election for Tuesday, November 7, 1972. 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 Wayne County. The ballot shall have written or printed thereon the words: YES () NO () Shall Section 1 of the Act amending an Act placing the Sheriff and the Clerk of the Superior Court of Wayne County on a salary basis in lieu of a fee basis of compensation, approved March 10, 1959 (Ga. L. 1959, p. 3031), as amended, so as to set the salary of the Sheriff at $12,000.00 per year, be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void

Page 2681

and of no force and effect. The expense of such election shall be borne by Wayne 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 . It shall be the duty of the Ordinary of Wayne County to issue the call for an election for the purpose of submitting this Act to the voters of Wayne County for approval or rejection. The Ordinary shall set the date of such election for Tuesday, November 7, 1972. 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 Wayne County. The ballot shall have written or printed thereon the words: YES () NO () Shall Section 2 of the Act amending an Act placing the Sheriff and the Clerk of the Superior Court of Wayne County on a salary basis in lieu of a fee basis of compensation, approved March 10, 1959 (Ga. L. 1959, p. 3031), as amended, so as to set the salary of the Clerk of the Superior Court at $12,000.00 per year; and to set the salary of the Chief Deputy Clerk of the Superior Court at $7,200.00 per year, be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Wayne 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

Page 2682

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 Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1971 Session of the General Assembly, a bill to amend an Act placing the Sheriff and the Clerk of the Superior Court of Wayne County upon a salary basis in lieu of a fee basis of compensation, approved March 10, 1959 (Ga. L. 1959, p. 3031), as amended, so as to provide for the setting of the salaries of the Sheriff, the Clerk of the Superior Court and the Chief Deputy Clerk of the Superior Court within minimum and maximum limits; to provide for a board of compensation appeals and the duties, powers and procedures thereof; to provide for all matters relative thereto; to provide for a referendum; to repeal conflicting laws; and for other purposes. This 25th day of January, 1971. Bob Harrison Representative, 58th District Georgia, Wayne County. Personally appeared before me, an officer authorized to administer oaths in and for the said County and State, came W. B. Rhoden, Publisher of the Jesup Sentinel, the official organ of said County, who, being duly sworn, deposes and says that the attached legal notice, Intention to Introduce Local Legislation, has been published in the said newspaper on the dates given below: January 28, 1971; February 18 and 25, 1971. This 25th day of February, 1971. /s/ W. B. Rhoden

Page 2683

Sworn to and subscribed before me, this 25th day of February, 1971. /s/ Linda Dubberly, Notary Public, Wayne County, Georgia. (Seal). Approved March 30, 1971. CITY OF NEWTONCHARTER AMENDED. No. 255 (House Bill No. 933). An Act to amend an Act creating a charter for the City of Newton, approved August 20, 1906 (Ga. L. 1906, p. 940), as amended, particularly by an Act approved March 7, 1955 (Ga. L. 1955, p. 3228), so as to redefine the corporate limits; to change the date of election of the mayor and council of said city; to change the regular meeting place of the mayor and council; to change the regular meeting day of the mayor and council; to provide for filling vacancies; to change the range of compensation for the mayor and council; 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 Newton, approved August 20, 1906 (Ga. L. 1906, p. 940), as amended, particularly by an Act approved March 7, 1955 (Ga. L. 1955, p. 3228), is hereby amended by striking in its entirety section 3 and substituting in lieu thereof the following: Section 3. The corporate boundaries of the City of Newton shall extend one mile in all directions from the center of the Baker County Courthouse in the form of a circle, except that said boundaries shall not extend southward

Page 2684

beyond the Mitchell County line which is the East bank of the Flint River. Section 2 . Said Act is further amended by striking section 7 in its entirety and by inserting in lieu thereof a new section 7, to read as follows: Section 7. (a) The municipal general election shall be held on the first Saturday in December of each year. The terms of office of the mayor and councilmen shall be for a period of two years and until their successors are duly elected and qualified. The terms of office of said mayor and councilmen shall commence on the Monday following their election. (b) The regular meeting place of the mayor and councilmen shall be at City Hall in the City of Newton. The regular meeting time shall be on the first Tuesday in each month at eight o'clock, P.M. (c) Before undertaking the duties of the office to which they have been elected the newly elected mayor and councilmen-elect shall meet at their regular meeting place in said city and then and there shall severally subscribe, before some person authorized to administer oaths, the following oath: `I do solemnly swear that I will well and truly demean myself as mayor (or councilman as the case may be) of the City of Newton for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor, so help me God.' Should the mayor or any councilmen be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. (d) In the event a vacancy shall occur in the office of mayor during the first year of a term of office, the councilmen shall elect a successor to serve until the next general election, at which time a successor shall be elected by the people to serve out the unexpired term of office. In the event a vacancy shall occur in the office of councilman during the first year of a term of office, the mayor and councilmen shall elect a successor to serve until the next

Page 2685

general election, at which time a successor shall be elected by the people to serve out the unexpired term of office. Vacancies occurring at any other time shall be filled by the mayor and council selecting a successor to serve out the remaining unexpired term of office and until a successor shall be duly elected and qualified. Section 3 . Said Act is further amended by striking from section 20 the following: However, the salary of the mayor of said city shall not exceed the sum of one hundred dollars per year; the salary or compensation of the councilmen of said city shall not exceed the sum of one hundred dollars per year., and by inserting in lieu thereof the following: The compensation of the mayor and council of the City of Newton shall be fixed by said governing body but shall not be less than twenty-five dollars ($25.00) per month and not more than one hundred dollars ($100.00) per month provided that the mayor shall receive not less than twenty-five dollars ($25.00) above that of the regular council members. 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, 1970 session of the General Assembly of Georgia a bill to amend the Charter of the City of Newton, so as to provide for the compensation of the Mayor and Council; to provide for a date for the election of Mayor and Council; to provide for the city limits of said city; to provide for the place of holding City Elections; to repeal conflicitng laws; and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Lee, who,

Page 2686

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 Baker Banner, which is the official organ of Baker County, on the following dates: January 14, 21 and 28, 1971. /s/ Billy Lee Representative, 61st District Sworn to and subscribed before me, this 1st day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. PUBLIC DEFENDER FOR ROCKDALE AND NEWTON COUNTIES. No. 256 (House Bill No. 943). An Act to provide for a public defender for Rockdale and Newton Counties; to provide for the appointment, qualifications and term of office of said public defender; to provide for the compensation of said public defender; to provide for a definition of indigent person and for the determination of indigency in connection therewith; to provide for certain reports by the public defender; to provide that the protections provided by this Act shall not be construed to exclude any other protections otherwise required for the defense of indigent defendants; 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:

Page 2687

Section 1 . The Senior Judge of the Stone Mountain Judicial Circuit, or in his absence the acting senior judge, is hereby authorized and directed to appoint a public defender for Rockdale and Newton Counties to represent indigent persons of said counties in criminal proceedings involving the violation of State laws. The public defender must be licensed to practice law in this State and must be competent to counsel and defend a person charged with crime. The Public Defender shall be appointed for an initial term to serve until July 1, 1973, and until his successor is appointed and qualified, and thereafter the Public Defender shall be appointed for subsequent terms of two years, beginning from the date of his appointment, and until his successor is appointed and qualified. The person appointed as public defender shall be authorized to engage in the private practice of law, both civil and criminal, while serving as public defender. Appointment. Section 2 . (a) The public defender for Rockdale and Newton Counties shall be compensated in the amount of $4,800.00 per annum which shall be payable monthly from the funds of said counties as follows: Rockdale County shall pay the public defender the amount of $163.40 monthly and Newton County shall pay the public defender the amount of $236.60 monthly. The public defender shall not be authorized to receive any fees provided by law for the defense of indigent defendants in addition to the compensation provided for herein. Compensation. (b) For each fiscal year the governing authorities of Rockdale and Newton Counties shall include in the respective annual budgets of said counties for the operation of the courts of said counties an amount sufficient to pay the compensation of the public defender as provided in subsection (a) of this Section. Section 3 . (a) As used in this Act, indigent person means a person who is unable, without undue hardship, to employ the legal services of an attorney or defray the necessary expenses of legal representation, determined as hereinafter provided. Indigent person defined.

Page 2688

(b) The superior courts of Rockdale and Newton Counties shall prescribe a standard of indigency to govern the determination of indigency by the courts within said counties. Said superior courts shall also prescribe the requirements for a proper showing of material factors relating to ability to pay for legal services and the proper form and authentication thereof. In establishing a standard of indigency, said superior courts shall consider such factors as income, property owned, expenses, outstanding obligations, and the number and ages of dependents. Release on bail shall not necessarily preclude a person from being indigent nor shall it be necessary that a person be destitute or a pauper to be indigent. That the determination of indigency under this section should be made at time of arraignment or prior thereto if requested by said indigent. Standard of indigency. (c) If, in a proceeding to determine indigency under this section, any person makes a false statement, under oath, concerning any material factor related to his or another's ability to pay for legal services, it shall constitute the crime of perjury and be punishable as such. Perjury. (d) To the extent that a person covered hereunder is able to provide for the employment of an attorney, the other necessary services and facilities of representation and court costs, the said superior courts may order him to provide for this payment or reimbursement. Reimbursement. Section 4 . The public defender shall submit an annual report to the governing authorities of Rockdale and Newton Counties showing the number of persons represented under this Act, the crime involved and the outcome of each case. A copy of the report shall also be submitted to each court having criminal jurisdiction in said counties. Reports. Section 5 . The protections provided by this Act shall not be construed to exclude any other protections otherwise required for the defense of indigent defendants. Section 6 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2689

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1971 Session of the General Assembly of Georgia a bill to create a joint office of Public Defender for Rockdale and Newton Counties; and for other purposes. This 8th day of February, 1971. C. R. Vaughn, Jr., Representative Post 1, 74th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence 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 Covington News, which is the official organ of Newton County, on the following dates: February 11, 18 and 25, 1971. /s/ Clarence R. Vaughn, Jr., Representative, 74th District Sworn to and subscribed before me, this 2nd day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1971 session of the General Assembly of Georgia a bill to create a public defender for Newton County and Rockdale County and for other purposes.

Page 2690

This 8th day of February, 1971. J. W. (Jim) Morgan Representative, Newton County District 23 Clarence R. Vaughn, Jr. Representative, Rockdale County District 74 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence 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: February 11, 18 and 25, 1971. /s/ Clarence R. Vaughn, Jr. Representative, 74th District Sworn to and subscribed before me, this 2nd day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971.

Page 2691

NEW CLARKE COUNTY BOARD OF EDUCATION, ETC.REFERENDUM. No. 257 (House Bill No. 946). 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 Education Districts; to provide for the election of the members of said Board; to provide for qualifications; to provide for filling vacancies; to provide for a quorum; to provide for the compensation of members of said Board; to provide for regular and special meetings of said Board; to change the provision relative to the election of officers of said Board; 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 . 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 substituting in lieu thereof a new section 5 to read as follows: Section 5. (a) The Clarke County School District shall be administered by the Clarke County Board of Education which shall be composed of eight members who shall be elected as hereinafter provided. Members. (b) For the purpose of electing the members of the Clarke County Board of Education, Clarke County shall be divided into eight education districts as follows: Education District 1 shall consist of that portion of Clarke County lying within the corporate limits of the City

Page 2692

of Athens described as follows: District 1. Beginning at a point where the center line of U.S. Highway 441 intersects with said corporate limits of the City of Athens and running thence in a southerly direction along the center line of U.S. Highway 441 to a point where the same is intersected by the centerline of Ruth Street; running thence in a westerly direction along a projection of the centerline of Ruth Street to a point where the same is intersected by the center of the North Oconee River; running thence in a southerly direction along the meanderings of the center of the North Oconee River to a point where the same intersects the centerline of North Avenue-Madison Street; running thence in a southwesterly direction along the centerline of Madison Street to a point where the same is intersected by the centerline of Thomas Street; running thence in a southerly direction along the centerline of Thomas Street to a point where the same is intersected by the centerline of Broad Street; running thence in a westerly direction along the centerline of Broad Street to a point where the same is intersected by the centerline of Lumpkin Street; running thence in a southwesterly direction along the centerline of Lumpkin Street to a point where the same is intersected by the centerline of Woodrow Street; running thence in a southeasterly direction along the centerline of Woodrow Street to a point where the same is intersected by the centerline of Northview Drive; running thence in an easterly direction along the centerline of Northview Drive to a point where the same is intersected by the centerline of Pinecrest Drive; running thence in a northerly direction along the centerline of Pinecrest Drive to a point where the same is intersected by the centerline of East Rutherford Street; running thence in an easterly direction along the centerline of East Rutherford Street to a point where the same is intersected by the centerline of Smith Street; running thence in a southerly direction, then easterly direction along the centerline of Smith Street to a point where the same is intersected by the centerline of Carlton Street; running thence in an easterly direction along the centerline of Carlton Street to a point where the same is intersected by the centerline of Agriculture Drive; running thence in a southerly direction along the centerline

Page 2693

of Agriculture Drive to a point where the same is intersected by the centerline of Burnett Street; running thence in a westerly direction along the centerline of Burnett Street to a point where the same is intersected by the centerline of Scott Street; running thence in a southerly direction along the centerline of Scott Street to a point where the same is intersected by the centerline of Morton Avenue; running thence in an easterly direction along the centerline of Morton Avenue to a point where the same is intersected by the centerline of Agriculture Drive; running thence in a southerly direction along the centerline of Agriculture Drive to a point where the same is intersected by the centerline of Southview Drive-College Station Road; running thence in an easterly direction along the centerline of College Station Road to the point of its intersection with the center the Central of Georgia Railroad Tract; running thence in a southerly direction along the center of the Central of Georgia Railroad Track to its intersection with corporate limits of the City of Athens; and running thence in a northeasterly, northerly and northwesterly direction along said corporate limits of the City of Athens to the point of beginning at the intersection thereof with the centerline of U.S. Highway 441. Education District 2 shall consist of that portion of Clarke County lying within the corporate limits of the City of Athens more particularly described as follows: District 2. Beginning at the intersection of the centerline of Lumpkin Street and Wray Street; running thence in a westerly direction along the centerline of Wray Street to a point where the same is intersected by the centerline of Hull Street; running thence in a southerly direction along the centerline of Hull Street to a point where the same is intersected by the centerline of Baxter Street; running thence in a westerly direction along the centerline of Baxter Street to a point where the same is intersected by the centerline of Cloverhurst Avenue; running thence in a southerly direction along the centerline of Cloverhurst Avenue to a point where the same is intersected by the centerline of Finley Street; running thence in a northerly direction along the centerline of Finley Street to a point where the

Page 2694

same is intersected by an easterly projection of the centerline of Peabody Street; running thence in a westerly direction along the centerline projection of Peabody Street to a point where the same is intersected by the centerline of Church Street; running thence in a northerly direction along the centerline of Church Street to a point where the same is intersected by the centerline of Baxter Street; running thence in a westerly direction along the centerline of Baxter Street to a point where the same is intersected by the centerline of Milledge Avenue; running thence in a southerly direction along the centerline of Milledge Avenue to a point where the same is intersected by the centerline of Springdale Street; running thence in a westerly direction along the centerline of Springdale Street to a point where the same is intersected by the centerline of Bobbin Mill Road; running thence in a southwesterly direction along the centerline of Bobbin Mill Road to a point where the same is intersected by the center line of McWhorter Drive; running thence in a southeasterly direction along the centerline of McWhorter Drive to a point where the same is intersected by the centerline of Milledge Circle; running thence in a westerly direction along Milledge Circle to a point where the same is intersected by the center of Bobbin Mill Creek; running thence in a southwesterly direction along the center of Bobbin Mill Creek to its intersection with the corporate limits of the City of Athens at the point where Bobbin Mill Creek flows into the Middle Oconee River; running thence in a southeasterly direction and then in a northerly direction along said corporate limits of the City of Athens to a point where the same diverge from the centerline of the track of the Central of Georgia Railroad; running thence in a northerly direction along the centerline of the track of the Central of Georgia Railroad to a point where the same is intersected by the centerline of College Station Road; running thence in a westerly direction along the centerline of College Station Road to a point where the same is intersected by the centerline of Agriculture Drive; running thence in a northerly direction along the centerline of Agriculture Drive to a point where the same is intersected by the centerline of Morton Avenue; running thence in a westerly direction along the centerline of Morton Avenue to a point where the same is intersected by the centerline

Page 2695

of Scott Street; running thence in a northerly direction along the centerline of Scott Street to a point where the same is intersected by the centerline of Burnett Street; running thence in an easterly direction along the centerline of Burnett Street to a point where the same is intersected by the centerline of Agriculture Drive; running thence in a northerly direction along the centerline of Agriculture Drive to a point where the same is intersected by the centerline of Carlton Street; running thence in a westerly direction along the centerline of Carlton Street to a point where the same is intersected by the centerline of Smith Street; running thence in a southwesterly direction, then northwesterly direction along the centerline of Smith Street to a point where the same is intersected by the centerline of East Rutherford Street; running thence in a southerly direction along the centerline of East Rutherford Street to a point where the same is intersected by the centerline of Pinecrest Drive; running thence in a southerly direction along Pinecrest Drive to a point where the same is intersected by the centerline of Northview Drive; running thence in a westerly direction along the centerline of Northview Drive to a point where the same is intersected by the centerline of Woodrow Street; running thence in a northwesterly direction along the centerline of Woodrow Street to a point where the same is intersected by the centerline of Lumpkin Street; running thence in a northeasterly direction along the centerline of Lumpkin Street to the beginning point thereof at the intersection of the centerline of Wray Street. Education District 3 shall consist of that portion of Clarke County lying within the corporate limits of the City of Athens more particularly described as follows: District 3. Beginning at a point where the centerline of Hancock Avenue and Finley Street intersects; running thence in a southerly direction along the centerline of Finley Street to a point where the same is intersected by an easterly projection of the centerline of Peabody Street; running thence in a westerly direction along the centerline projection of Peabody Street to a point where the same is intersected by the centerline of Church Street; running thence

Page 2696

in a northerly direction along the centerline of Church Street to a point where the same is intersected by the centerline of Baxter Street; running thence in a westerly direction along the centerline of Baxter Street to a point where the same is intersected by the centerline of Milledge Avenue; running thence in a southerly direction along the centerline of Milledge Avenue to a point where the same is intersected by the centerline of Springdale Street; running thence in a westerly direction along the centerline of Springdale Street to a point where the same is intersected by the centerline of Bobbin Mill Road; running thence in a southwesterly direction along the centerline of Bobbin Mill Road to a point where the same is intersected by the centerline of McWhorter Drive; running thence in a southeasterly direction along the centerline of McWhorter Drive to a point where the same is intersected by the centerline of Milledge Circle; running thence in a westerly direction along the centerline of Milledge Circle to a point where the same is intersected by the center of Bobbin Mill Creek; running thence in a southwesterly direction along the center of Bobbin Mill Creek to its intersection with the corporate limits of the City of Athens at the point where Bobbin Mill Creek flows into the Middle Oconee River; running thence in a northwesterly direction along the corporate limits of the City of Athens to a point where the same is intersected by the centerline of U.S. Highway 78; running thence in an easterly direction along the centerline of U.S. Highway 78 to a point where the same is intersected by the centerline of Hancock Avenue; running thence in a northeasterly direction, then easterly direction along the centerline of Hancock Avenue to a point where the same is intersected by the centerline of Harris Street; running thence in a southerly direction along the centerline of Harris Street to a point where the same is intersected by the centerline of Reese Street; running thence in an easterly direction along the centerline of Reese Street to a point where the same is intersected by the centerline of Church Street; running thence in a northerly direction along the centerline of Church Street to a point where the same is intersected by the centerline of Hancock Avenue; running thence in an easterly direction along the centerline of Hancock Avenue to the beginning point thereof at

Page 2697

the intersection at the centerline of Finley Street. Education District 4 shall consist of that portion of Clarke County lying within the corporate limits of the City of Athens more particularly described as follows: District 4. Beginning at a point where the centerline of U.S. Highway 441 intersects with the corporate limits of the City of Athens and running thence in a southerly direction along the centerline of U.S. Highway 441 to a point where the same is intersected by the centerline of Ruth Street; running thence in a westerly direction along a projection of the centerline of Ruth Street to a point where the same is intersected by the center of the North Oconee River; running thence in a southerly direction along the meanderings of the center of the North Oconee River to a point where the same intersects the centerline of North Avenue-Madison Street; running thence in a southwesterly direction along the centerline of Madison Street to a point where the same is intersected by the centerline of Thomas Street; running thence in a southerly direction along the centerline of Thomas Street to a point where the same is intersected by the centerline of Broad Street; running thence in a westerly direction along the centerline of Broad Street to a point where the same is intersected by the centerline of Lumpkin Street; running thence in a southerly direction along the centerline of Lumpkin Street to a point where the same is intersected by the centerline of Wray Street; running thence in a westerly direction along the centerline of Wray Street to a point where the same is intersected by the centerline of Hull Street; running thence in a southerly direction along the centerline of Hull Street to a point where the same is intersected by the centerline of Baxter Street; running thence in a westerly direction along the centerline of Baxter Street to a point where the same is intersected by the centerline of Cloverhurst Avenue; running thence in a southerly direction along the centerline of Cloverhurst Avenue to a point where the same is intersected by the centerline of Finley Street; running thence in a northerly direction along the centerline of Finley Street to a point where the same is intersected by the centerline of Hancock Avenue; running thence in a

Page 2698

westerly direction along the centerline of Hancock Avenue to a point where the same is intersected by the centerline of Church Street; running thence in a northerly direction along the centerline of Church Street to a point where the same is intersected by the centerline of Prince Avenue; running thence in a northwesterly direction along the centerline of Prince Avenue-U.S. Highway 129 to a point where the same is intersected by the center of the Seaboard Coastline Railroad Track; running thence westerly along the center of the Seaboard Coastline Railroad Track to its intersection with the corporate limits of the City of Athens; and running thence in a northeasterly, southeasterly and northeasterly direction along said corporate limits of the City of Athens to the point of beginning at the intersection thereof with the centerline of U.S. Highway 441. Education District 5 shall consist of that portion of Clarke County lying within the corporate limits of the City of Athens more particularly described as follows: District 5. Beginning at a point of the intersection of the centerlines of Prince Avenue and Church Street; running thence in a southerly direction along the centerline of Church Street to a point where the same is intersected by the centerline of Reese Street; running thence in a westerly direction along the centerline of Reese Street to a point where the same is intersected by the centerline of Harris Street; running thence in a northerly direction along the centerline of Harris Street to a point where the same is intersected by the centerline of Hancock Avenue; running thence in a westerly direction, then southwesterly direction along the centerline of Hancock Avenue to a point where the same is intersected by the centerline of U.S. Highway 78; running thence in a westerly direction along the centerline of U.S. Highway 78 to its intersection of the corporate limits of the City of Athens; running thence in a northwesterly and northerly direction along the corporate limits of the City of Athens to its intersection with the center of Seaboard Coastline Railroad Track; running thence in an easterly direction along the center of the Seaboard Coastline Railroad Track to a point where the same is intersected by the centerline of U.S. Highway 129; running

Page 2699

thence in a southeasterly direction, then easterly direction along the centerline of U.S. Highway 129-Prince Avenue to the point of beginning at the intersection thereof with the centerline of Church Street. Each of said wards shall be entitled to two aldermen who shall be members of the City Council of the City of Athens; and the aldermen for the presently constituted wards in the presently existing corporate limits of the City of Athens shall represent the wards herein created for the remainder of their terms of office. All civil service commissioners for the City of Athens shall serve out their term of office to which elected. The successors of the aldermen and the civil service commissioners shall be elected in accordance with the provisions of law now existing with respect to the election of aldermen and civil service commissioners for the City of Athens. Education District 6 shall consist of that portion of Clarke County lying without the corporate limits of the City of Athens described as follows: District 6. Beginning at a point where the Epps Bridge Road intersects with McNutts Creek at the Oconee-Clarke County line, and running thence in a general westerly direction along the meanderings of said McNutts Creek, which is the county line, to a point where the southerly boundary line of Clarke County turns into a northwesterly direction; thence continuing in a line between Clarke County and Oconee County to a point where Oconee, Barrow and Clarke Counties boundaries meet; running thence in a general northeasterly, northerly, southeasterly, northeasterly, northwesterly, northeasterly, southerly, northeasterly, southeasterly, northeasterly and southeasterly direction along the northern boundary of Clarke County to the centerline of the Danielsville Road; running thence along the centerline of said Danielsville Road in a southwesterly direction to its intersection with the centerline of the Hull Road; running thence along the centerline of the Hull Road in a northeasterly direction to the intersection of the centerlines of Hull Road and U.S. Highway 29; running thence along the centerline of said U.S. Highway 29 in a southwesterly direction to its

Page 2700

intersection with the centerline of Calhoun Drive; running thence along the centerline of Calhoun Drive in a southeasterly direction to its intersection with the centerline of Old Hull Road; running thence along the centerline of Old Hull Road to a point where the centerline of Old Hull Road and the centerline of Athena Drive intersect; running thence along the centerline of said Athena Drive in a southeasterly direction to the intersection of the centerline of Athena Drive with the centerline of the Seaboard Coastline Railroad right-of-way in; running thence along the centerline of said railroad right-of-way in a general southwesterly direction to its intersection with the corporate limits of the City of Athens; running thence along said corporate limits line in a general westerly, northwesterly, southwesterly, northwesterly, northeasterly, southwesterly, northwesterly, southwesterly and southeasterly direction to a point where said corporate limits line intersects with the centerline of the Atlanta Highway, also known as U.S. Highway 78; running thence along the centerline of said highway in a westerly direction to the intersection of the centerline of said highway with the centerline of Epps Bridge Road; running thence in a general southwesterly direction along the centerline of said Epps Bridge Road to the beginning point. Education District 7 shall consist of that portion of Clarke County lying without the corporate limits of the City of Athens more particularly described as follows: District 7. Beginning at a point where the centerline of the Lexington Road intersects the corporate limits of the City of Athens and running thence along said corporate limits line in a general northerly and northwesterly direction to a point where the centerline of the Seaboard Coastline Railroad right-of-way intersects with said corporate limits line; running thence along the centerline of said railroad right-of-way in a northeasterly direction to the intersection of the centerline of said right-of-way and Athena Drive; running thence in a northwesterly direction along Athena Drive to its intersection with the centerline of Old Hull Road; running thence in a northeasterly direction along the centerline of Old Hull Road to its intersection with the

Page 2701

centerline of Calhoun Drive; running thence along the centerline of Calhoun Drive in a northwesterly direction to its intersection with the centerline of U.S. Highway 29; running thence along the centerline of U.S. Highway 29 in a northeasterly direction to its intersection with the centerline of the Hull Road; running thence in a southwesterly direction along the centerline of the Hull Road to its intersection with the centerline of the Danielsville Road; running thence along the centerline of the Danielsville Road in a northeasterly direction to its intersection with the Clarke-Madison County line; running thence along the Clarke-Madison County line in a general southeasterly direction to the intersection of the Madison-Oglethorpe-Clarke County lines; running thence along the common line between Clarke and Oglethorpe Counties in a general southerly direction to the centerline of the Bob Godfrey Road; running thence along the centerline of the Bob Godfrey Road in a general westerly direction to the center of the Oconee River; running thence along the meanderings of said Oconee River in a general northerly and northwesterly direction to its confluence with the North Oconee River; running thence along the centerline of said North Oconee River in a general northerly direction to its intersection with the centerline of the Whitehall Road; running thence along the centerline of said Whitehall Road in a general northeasterly direction to a point where it intersects with the centerline of the Barnett Shoals Road; running thence in a general southeasterly direction along the centerline of said Barnett Shoals Road to its intersection with the centerline of the Old Lexington Road; running thence along the centerline of said Old Lexington Road in a general easterly direction to a point where the centerline of said Old Lexington Road intersects with the centerline of Twit Davis Road; running thence along the centerline of said Twit Davis Road in a general northerly direction to the intersection of the centerline of said Twit Davis Road and the centerline of the Lexington Road, also known as U.S. Highway 78; running thence along the centerline of said Lexington Road in a general westerly direction to the point of beginning. Education District 8 shall consist of that portion of

Page 2702

Clarke County lying without the corporate limits of the City of Athens more particularly described as follows: District 8. Beginning at a point where the centerline of the Lexington Road intersects with the corporate limits of the City of Athens and running thence along the centerline of said Lexington Road in a general southeasterly direction to the intersection of the centerline of the Lexington Road with the centerline of the Twit Davis Road; running thence along the centerline of the Twit Davis Road in a general southerly direction to the intersection of the centerline of said Twit Davis Road with the centerline of the Old Lexington Road; running thence along the centerline of said Old Lexington Road in a general westerly direction to the intersection of the centerline of said Old Lexington Road with the centerline of Barnett Shoals Road; running thence along the centerline of said Barnett Shoals Road in a westerly direction to the intersection of the centerline of said Barnett Shoals Road with the centerline of Whitehall Road; running thence along the centerline of said Whitehall Road in a general southwesterly direction to the centerline of the North Oconee River; running thence along the meanderings of said North Oconee River in a general southerly direction to its confluence with the Middle Oconee River; running thence along the centerline of the said Middle Oconee River, which is the common line between Clarke and Oconee Counties, to its intersection with Barber Creek; running thence along said Barber Creek, said Barber Creek being the common line between Clarke and Oconee Counties, in a general northwesterly direction to a point where it intersects with McNutts Creek; running thence along McNutts Creek in a general northwesterly and southwesterly direction, said McNutts Creek being the common line between Clarke and Oconee Counties, to the intersection of McNutts Creek with the centerline of Epps Bridge Road; running thence along the centerline of Epps Bridge Road in a general northerly direction to the intersection of the centerline of Epps Bridge Road and the Atlanta Highway, also known as U.S. Highway 78; running thence along the centerline of said Atlanta Highway in a general easterly direction to the corporate limits line of the City of Athens; running thence along said corporate limits line in a general

Page 2703

southeasterly, northeasterly and southeasterly, northerly and northeasterly direction to the beginning point. (c) All references to the corporate limits of the City of Athens in the foregoing descriptions of the education districts of Clarke County refer to said corporate limits as the same existed on January 1, 1971. (d) Each member of the Clarke County Board of Education shall have been a resident of Clarke County for at least one year immediately preceding his election and a resident of the education district he represents at least six months immediately preceding his election. A candidate offering for election to said Board shall designate the education district for which he offers as a candidate. The members of said Board shall be elected by a majority vote of the qualified voters voting within their respective education districts. All members of the Board shall be at least 21 years of age on the date of their election and of good moral character. Requirements for members. (e) The first members of said Board of Education shall be elected at a special election to be held on the Tuesday next following the first Monday in November 1971. The candidates elected at said election shall take office on January 1, 1972, for a term of one year, expiring on December 31, 1972, or until their successors are duly elected and qualified. Special election. (f) Successors to the first members of said Board of Education shall be elected at the general election held in 1972 and shall take office on January 1, 1973, for terms as hereinafter provided. The candidates elected at said election from education districts 1, 3, 5 and 7 shall be elected for terms of two years and until their successors are duly elected and qualified. The candidates elected at said election from education districts 2, 4, 6 and 8 shall be elected for terms of four years 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 and shall take office on the first day of January following their election

Page 2704

for terms of four years and until their successors are elected and qualified. Elections. (g) In the event a vacancy occurs on said Board for any reason, the remaining members shall elect a qualified person, who shall be a resident of the education district where in the vacancy occurred, to serve for the unexpired term when two years or less. If the unexpired term is more than two years, the vacancy shall be filled for the unexpired term by the election of a qualified person at the first general election following the occurrence of such vacancy. In the event a member changes his residence from the education district he represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled as provided herein. Vacancies. (h) 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. (i) Five members of said Board shall constitute a quorum for the transaction of any business which may come before the Board. The members of the Board shall be entitled to receive the compensation and expenses provided by Code section 32-904, relating to the compensation of members of county boards of education, as the same is now or may hereafter be amended. Quorum. Section 2 . Said Act is further amended by adding a new section between sections 5 and 6 to be designated section 5A to read as follows: Section 5A. (a) The Clarke County Board of Education shall hold regular monthly meetings on a date fixed by said Board, but by resolution, the Board may dispense with such meetings during June, July and August of each year. The President of said Board or the superintendent of Education may call special meetings upon twenty-four hours written notice to the members and shall call a special meeting upon written request of three-fourths of the members of said Board. Meetings.

Page 2705

(b) The purpose of the meetings provided for in subsection (a) of this section 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. Section 3 . Said Act is further amended by striking the 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. Officers. Section 4 . The Clarke County Board of Education existing on the effective date of this Act shall continue in existence through December 31, 1971, 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. Successor to old board. Section 5 . 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 electors of the Clarke County School District for approval or rejection. The Ordinary shall set the date of such election to coincide with the date of the primary election of the City of Athens held in the year 1971 but shall issue the call for such election at least 30 days prior to the date thereof. The Ordinary shall cause the date and purpose of the election to be published once a

Page 2706

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: YES () NO () Shall the Act providing for a new Clarke County Board of Education with members thereof being elected from education districts and providing for other matters relative thereto be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall 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 thereof 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 regular January 1971 session of the General Assembly of Georgia, a bill to amend an Act providing for the merger of the existing independent school system of the Mayor and Council of the City of Athens and the existing school district in the County of Clarke approved March 7, 1955 (Georgia Laws 1955, p. 3057) as amended, so as to change the manner of selection of members of the Board of Education; and for other purposes. George H. Bulloch County Commissioner

Page 2707

Georgia, Clarke County: Personally appeared before the undersigned attesting officer, an officer duly qualified to administer an oath, N. S. Hayden, who being duly sworn on oath says that he is publisher of The Daily News, a newspaper having general circulation and whose principal place of business is in said county, and that the attached 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 2, 8 and 15, 1971. /s/ N. S. Hayden Sworn to and subscribed before me, this 1st day of February, 1971. /s/ Frances O. Carter, Notary Public, Clarke County, Georgia. My Commission Expires Aug. 5, 1973. (Seal). Approved March 30, 1971. CITY OF WRIGHTSVILLECHARTER AMENDED. No. 258 (House Bill No. 968). An Act to amend an Act consolidating, amending, and superseding the several Acts incorporating the City of Wrightsville in the County of Johnson, approved August 18, 1923 (Ga. L. 1923, p. 840), as amended, particularly by an Act approved March 27, 1941 (Ga. L. 1941, p. 1832), an Act approved February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2171), an Act approved March 21, 1958 (Ga. L. 1958, p. 3013), and an Act approved March 17, 1960 (Ga. L. 1960, p. 3084), so as to extend the corporate limits of said city; to provide that the area annexed by this Act shall be a part of District No. 4; to repeal conflicting laws; and for other purposes.

Page 2708

Be it enacted by the General Assembly of Georgia: Section 1 . An Act consolidating, amending, and superseding the several Acts incorporating the City of Wrightsville in the County of Johnson, approved August 18, 1923 (Ga. L. 1923, p. 840), as amended, particularly by an Act approved March 27, 1941 (Ga. L. 1941, p. 1832), an Act approved February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2171), an Act approved March 21, 1958 (Ga. L. 1958, p. 3013), and an Act approved March 17, 1960 (Ga. L. 1960, p. 3084), is hereby amended by adding a new section to be numbered section 2-B, to read as follows: Section 2-B. The corporate limits of the City of Wrightsville shall also include all that area embraced in the following description, to-wit: All that tract or parcel of land lying and being in the 1201st G. M. District of Johnson County, Georgia, and being more particularly described as follows: BEGINNING at a point on the westerly right-of-way line of Idylwild Road, said point being located at the point where the present city limits line of Wrightsville, Georgia intersects said westerly right-of-way line of Idylwild Road; thence running in a southerly direction along the westerly right-of-way line of Idylwild Road, a distance of 2,033 feet to the point where said westerly right-of-way line of Idylwild Road intersects the northerly boundary line of property of Wrightsville Enterprises, Inc.; thence running along the northerly boundary line of property of Wrightsville Enterprises, Inc. and property of John B. Folsom, South 72 degrees 51 minutes West, a distance of 1,076 feet to a point; thence running along the easterly boundary of property of John B. Folsom, North 17 degrees 38 minutes West, 700.46 feet to a point on the southerly side of a dirt road; thence running along the southerly side of said dirt road, South 58 degrees 00 minutes West, 445 feet to a point; thence running along the westerly boundary line of property of John B. Folsom (under option to Wrightsville Enterprises, Inc.), South 17 degrees 38 minutes East, a distance of 743 feet to a point; thence continuing South

Page 2709

17 degrees 38 minutes East, a distance of 200 feet to a point; thence running North 72 degrees 51 minutes East, a distance of 1,380 feet to a point on the westerly right-of-way line of Idylwild Road; thence running North 72 degrees 51 minutes East, a distance of 85 feet to a point on the easterly right-of-way line of Idylwild Road; thence running along the easterly right-of-way line of Idylwild Road in a northerly direction, a distance of 2,398 feet to the point where said easterly right-of-way line of Idylwild Road intersects the present city limits line of Wrightsville, Georgia; thence running in a westerly direction along the present city limits line of Wrightsville, Georgia, a distance of 85 feet, more or less, back to the point of beginning, as shown by a plat prepared by C. L. Gillis, Sr., on February 1, 1971, which plat is hereby made a part of this description. The area and territory added by this section shall, for the purposes of voting, elections, electors and all other such purposes, be a part of District 4 and shall be in addition to that area and territory designated as Distrcit 4 by the provisions of section 2 of this Act. 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 1971 session of the General Assembly of Georgia a bill to amend the charter of the City of Wrightsville, Georgia, so as to extend the corporate limits of said City of Wrightsville. This 29th day of December, 1970. W. W. Larsen, Jr. Roy L. Chappell, Jr. Representatives, District 42, Johnson and Laurens County.

Page 2710

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. W. Larsen, Jr. 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 7, 14 and 21, 1971. /s/ W. W. Larsen, Jr. Representative, 42nd District Sworn to and subscribed before me, this 2nd day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. LAMAR COUNTYBOARD OF EDUCATIONELECTION OF MEMBERS, ETC.REFERENDUM. No. 259 (House Bill No. 956). An Act to provide for the election of members of the Board of Education of Lamar County; to provide for education districts; to provide the manner of electing members to the board; to provide for filling of vacancies on the board; to provide for the appointment of the county school superintendent, his qualifications and compensation; to provide for a referendum; to provide for a special election; to abolish the present Board of Education

Page 2711

of Lamar County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The Board of Education of Lamar County shall be composed of five (5) members to be elected as hereinafter provided. For the purpose of electing members of the Board of Education of Lamar County, Lamar County is divided into four (4) education districts as follows: District No. 1. Education District No. 1 shall be composed of all of that territory embraced within the corporate limits of the City of Barnesville. District No. 2. Education District No. 2 shall be composed of all of that territory within Lamar County embraced within the Georgia Militia District No. 533 (excluding that portion within the city limits of Barnesville), and Georgia Militia District No. 1494 (Piedmont). District No. 3. Education District No. 3 shall be composed of all of that territory within Lamar County embraced within Georgia Militia District No. 540 (Milner) and Georgia Militia District No. 523 (Chappell). District No. 4. Education District No. 4 shall be composed of all of that territory within Lamar County embraced within Georgia Militia District No. 504 (Johnsonville), and Georgia Militia District No. 539 (Redbone). Section 2 . There shall be elected to the Board two (2) members from District No. 1. There shall be elected one member from each of other said districts. Candidates may not offer for election to the Board from any district other than that district in which their legal residence lies. No person shall be eligible to represent a district unless he has been a resident of the district from which he offers as a candidate for at least one year immediately preceding the date of the election. In the event a member moves his residence from the district he represents, his place on the Board shall immediately become vacant. Number and qualifications.

Page 2712

Section 3 . The initial candidates elected to the Board under the provisions of this Act shall take office on July 1, 1971, and shall serve for the terms of office hereinafter specified and until their successors are duly elected and qualified. Those candidates elected to the Board from District No. 1, Post No. 1, and District No. 2 shall take office on the 1st day of July, 1971, and shall serve until January 1, 1973, and until their successors are duly elected and qualified. Those candidates elected to the Board from District No. 1, Post No. 2, District No. 3 and District No. 4 shall serve until January 1, 1975, and until their successors are duly elected and qualified. Thereafter, successors to the initial members of the Lamar County Board of Education shall be elected at the general election which is conducted in that year in which the respective terms of office shall expire, and they shall take office on the 1st day of January following their election and serve for a term of office of four years and until their successors are duly elected and qualified. Terms. Section 4 . At the first meeting of the Board in July 1971, the Board shall elect one of their members as chairman and such other officers as the Board shall desire to serve until January 1, 1972. Thereafter, 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 to serve in such capacity for the ensuing calendar year. Meetings. Section 5 . Vacancies occurring on the Board which occur within the first two years of a term of office shall be filled by the remaining members of the Board electing a successor to serve until the next general election at which time a successor shall be elected by the electors of the Lamar School District to serve out the unexpired term of office. Vacancies occurring during the last two years of a term of office shall be filled by the remaining members of the Board electing a successor to serve out the unexpired term of office. Vacancies. Section 6 . The Lamar County Board of Education created by this Act shall be the successor to all the rights,

Page 2713

powers, duties and obligations of the old Lamar County Board of Education and shall be subject to all constitutional and statutory provisions relating to county boards of education. Successor to old board. Section 7 . The county school superintendent of Lamar County 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 Board of Education of Lamar County shall appoint the county school superintendent of Lamar County and he shall serve at the pleasure of the Board. To be eligible to hold the office of county school superintendent, a candidate must have at least a Master's Degree and possess such other qualifications as are prescribed for county school superintendent by the laws of this State, as well as such other qualifications as may be prescribed from time to time by the State Board of Education and by the State and regional accrediting agencies. The Board shall fix the compensation to be received by the superintendent. Superintendent appointed. Section 8 . It shall be the duty of the Ordinary of Lamar County to issue the call for an election for the purpose of submitting this Act to the electors of the Lamar 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 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 Lamar County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act providing for the election of the members of the Board of Education of Lamar County and for the appointment of the County School Superintendent by the Board of Education be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of

Page 2714

the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Lamar 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 9 . If this Act shall be approved in the election provided for in section 8, the Ordinary of [Illegible Text] County shall call a special election prior to June 1, 1971, for the purpose of electing the new members of the Board of Education of Lamar County. The present Board of Education of Lamar County shall be abolished on July 1, 1971, and the members of the Board of Education of Lamar County, provided for by this Act, shall take office and administer thereafter the affairs of the Lamar County school system. Special election on approval. 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 1971 regular session of the General Assembly of Georgia a bill to provide for the election of the members of the County Board of Education; and for the appointment of the County School Superintendent; To provide for a referendum, and for other purposes. This the 18th day of January, 1971. Marvin Adams Post No. 1, Representative in the General Assembly for 39th House District of Georgia.
Page 2715

J. R. Smith Post No. 2, Representative in the General Assembly for 39th House District of Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. R. Smith 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 News-Gazette which is the official organ of Lamar County, on the following dates: January 21, 28 and February 4, 1971. /s/ J. R. Smith Representative, 39th District Sworn to and subscribed before me, this 2nd day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 30, 1971. WAYNE COUNTYBOARD OF EDUCATION SIZE INCREASED, ETC., REFERENDUM. No. 260 (House Bill No. 991). An Act to amend an Act changing the method of electing members of the Board of Education of Wayne County, approved April 9, 1968 (Ga. L. 1968, p. 3361), so as to increase the size of the Board of Education of Wayne County; to provide for the election of members of the Board of Education and for their terms of office; to provide that the present Board of Education of Wayne

Page 2716

County shall constitute the new Board of Education; to provide that the County School Superintendent shall be appointed by the Board and that the Board may contract with the Superintendent for a period not exceeding four years; to provide that the County School Superintendent shall not be authorized to vote on any issue or question before the Board; to provide for all matters relative thereto; 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 changing the method of electing members of the Board of Education of Wayne County, approved April 9, 1968 (Ga. L. 1968, p. 3361) 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 Board of Education of Wayne County shall be composed of seven members who shall be elected by the voters of the entire county school district as hereinafter provided. The current members of the Board of Education of Wayne County shall compose the new Board of Education of Wayne County and shall serve out their respective terms of office. At the general election in 1972 there shall be elected five members to represent Education Districts numbers 1, 2, 3, 4 and 5, respectively and two members to represent the county at large. Such members shall be elected for terms of office of four years each, and until their respective successors are duly elected and qualified. All members elected in subsequent elections after the general election in 1972, other than elections to fill vacancies for unexpired terms, shall serve terms of office for four years each and until their respective successors are duly elected and qualified. The members of the Board representing Education Districts numbers 1 through 5 shall be residents of the respective Education Districts from which they offer as candidates, but the members representing the county at large may reside anywhere within the Wayne County School District. Members. Section 2 . Said Act is further amended by inserting

Page 2717

therein a new section, to be known as section 2A, to read as follows: Section 2A. The County School Superintendent shall be appointed by the Board of Education of Wayne County. The Board of Education is hereby authorized to enter into an employment contract with the Superintendent so appointed for a period not exceeding four years. Said contract may be renewed, or a new contract entered, upon the expiration of the contract period. No action shall be taken for the appointment of the County School Superintendent at any meeting of the Board of Education unless all members of said Board are present at said meeting. The County School Superintendent shall not be authorized to vote on any issue or question before the Board. Appointment of superintendent. Section 3 . It shall be the duty of the Ordinary of Wayne County to issue the call for an election for the purpose of submitting this Act to the votes of the Wayne County School District for approval or rejection. The Ordinary shall set the date of such election for the same date as the general primary in 1972. 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 Wayne County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act increasing the size of the Board of Education of Wayne County and providing that the County School Superintendent shall be appointed by the Board of Education, and for other purposes be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Wayne County. It shall be the

Page 2718

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 . If this Act shall be approved in the referendum provided for in section 3 of this Act, the additional member of the Board of Education of Wayne County added by the provisions of this Act shall be elected in a special election which shall be held on the first Tuesday after the first Monday in November of 1972. Said member shall take office on the first day of January following his election and shall serve for a term of office of four years and until his successor is duly elected and qualified. Special election on 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 1971 Session of the General Assembly of Georgia, a bill to increase the size of the Board of Education of Wayne County; to provide for the election of the members of said Board; to provide for the terms of office of said members; to provide that the Board of Education shall appoint a County School Superintendent; to provide for the compensation and term of office of the Superintendent; to provide for a referendum; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes. This 27th day of January, 1971. Bob Harrison Representative, 58th District

Page 2719

Georgia, Wayne County. Personally appeared before me, an officer authorized to administer oaths in and for the said County and State, came W. B. Rhoden, Publisher of the Jesup Sentinel, the official organ of said County, who, being duly sworn, deposes and says that the attached legal notice, Intention to Introduce Local Legislation, has been published in said newspaper on the dates given below: January 28, 1971; February 18 25, 1971. This 25th day of February, 1971. /s/ W. B. Rhoden Sworn to and subscribed before me, This 25th day of Feb., 1971. /s/ Linda Dubberly, Notary Public, Wayne County, Georgia. (Seal). Approved March 30, 1971. EXPENSE ALLOWANCE OF COUNTY POLICEMAN. (6,650-6,800). No. 261 (House Bill No. 1015). An Act to authorize the governing authority of each county having a population of not less than 6,650 and not more than 6,800, according to the 1970 United States Decennial Census of any such future census, to pay to the county policeman for said county a monthly expense allowance of not less than $100.00 and not more than $200.00; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 2720

Section 1 . The governing authority of each county having a population of not less than 6,650 and not more than 6,800, according to the 1970 United States Decennial Census or any such future census, is hereby authorized to pay to the county policeman of said county a monthly expense allowance of not less than $100.00 and not more than $200.00, to be paid from funds of said county. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1971. WARE COUNTYCOMPENSATION OF ORDINARY AND TAX RECEIVER CHANGED. No. 262 (House Bill No. 1075). An Act to amend an Act placing certain officers of Ware County on a salary system in lieu of a fee system, approved March 16, 1961 (Ga. L. 1961, p. 2465), as amended by an Act approved April 5, 1965 (Ga. L. 1965, p. 3229), so as to change the compensation of the Ordinary and the Tax Receiver of Ware 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 certain officers of Ware County on a salary system in lieu of a fee system, approved March 16, 1961 (Ga. L. 1961, p. 2465), as amended by an Act approved April 5, 1965 (Ga. L. 1965, p. 3229), 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 Ordinary of Ware County shall be paid a salary of nine thousand two hundred dollars ($9,200.00) per annum. Section 2 . Said Act is further amended by striking

Page 2721

section 6 in its entirety and inserting in lieu thereof a new section 6, to read as follows: Section 6. The Tax Receiver of Ware County shall be paid a salary of seven thousand two hundred dollars ($7,200.00) per annum. 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 1971 session of the General Assembly of Georgia the following legislation: (1) A bill to change the compensation of the ordinary of Ware County; and for other purposes. (2) A bill to change the compensation of the tax receiver of Ware County; and for other purposes. (3) A bill to consolidate the offices of tax receiver and tax collector of Ware County into the office of tax commissioner of Ware County, effective January 1, 1973; to provide for all matters pertaining thereto; and for other purposes. This 5th day of February, 1971. Harry D. Dixon Representative, 65th District Ottis Sweat, Jr. Representative, 65th District

Page 2722

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, 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 Waycross Journal-Herald which is the official organ of Ware County, on the following dates: February 20, 27, March 6, 1971. /s/ Harry D. Dixon Representative, 65th District Sworn to and subscribed before me, this 6th day of March, 1971. /s/ Rebecca Faulkner, Notary Public, Georgia State at Large. My Commission Expires Dec. 13, 1974. (Seal). Approved March 30, 1971. TIFT COUNTY BOARD OF EDUCATIONNEW TERMS OF MEMBERS, ETC.REFERENDUM. No. 265 (Senate Bill No. 317). An Act to provide for new terms of office of the members of the Tift County Board of Education; to provide for the manner of the election of said members; to provide for the extension of the terms of office of certain of said members in connection with said manner of election; 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:

Page 2723

Section 1 . Each of the seven members of the Tift County Board of Education shall be a resident of the education district he represents, as provided for hereinafter, but shall be elected by the voters of the entire county voting at the elections provided for hereinafter. All members of said Board of Education shall be registered electors entitled to vote for members of the General Assembly of Georgia and shall have resided in Tift County for at least one year immediately preceding the date of their election and within the education district they represent at least six months immediately preceding the date of their election. Qualifications. Section 2 . (a) For the purpose of electing members of said Board of Education, Tift County is hereby divided into seven education districts as follows: Districts. Education District 1 shall consist of Omega and Docia Militia Districts. Education District 2 shall consist of the Ty Ty and Chula Militia Districts. Education District 3 shall consist of the Eldorado, Brighton and Brookfield Militia Districts. Education District 4 shall consist of that portion of the Tifton Militia District which lies within the corporate limits of the City of Tifton. Education District 5 shall consist of that portion of the Tifton Militia District which lies without the corporate limits of the City of Tifton. Education District 6 shall consist of the Tifton Militia District. Education District 7 shall consist of Tift County. (b) The terms of office of the two incumbent members of said Board which are presently scheduled to expire on December 31, 1973, are hereby extended to December 31, 1974. The term of office of the incumbent member of said

Page 2724

Board which is presently scheduled to expire on December 31, 1971, is hereby extended to December 31, 1972. Successors to such members and the remaining members of said Board shall be elected at general elections as provided for in section 3 of this Act. Section 3 . (a) At the general election held in November 1972, the three members of said Board of Education from Education Districts 3, 5 and 7 shall be elected for terms of 6 years and until their successors are elected and qualified. All such members shall take office on the first day of January immediately following their election. Terms. (b) At the general election held in November 1974, the four members of said Board of Education from Education Districts 1, 2, 4 and 6 shall be elected for terms as hereinafter provided. The members from Education Districts 1 and 6 shall be elected for terms of 6 years and until their successors are elected and qualified. The members from Education Districts 2 and 4 shall be elected for initial terms of 2 years and until their successors are elected and qualified. All such members shall take office on the first day of January immediately following their election. (c) Thereafter, all members of said Board of Education shall be elected at the general election immediately preceding the expiration of their respective terms of office for terms of 6 years and until their successors are elected and qualified and shall take office on the first day of January immediately following their election. Section 4 . In the event a vacancy occurs on said Board of Education for any reason other than the expiration of the term of office, the remaining members of said Board shall elect a qualified person, who shall be a resident of the Education District in which the vacancy occurs, to serve for the unexpired term, if said term expires following the next general election, or until the vacancy is filled, for the unexpired term, at the next general election. In the event a member moves his place of residence from the Education District he represents, a vacancy shall exist from such District

Page 2725

and shall be filled in the same manner as other vacancies are filled. Vacancies. Section 5 . This Act is hereby declared to be cumulative of and supplemental to the provisions of a local constitutional amendment relative to the Tift County Board of Education which was ratified on November 2, 1954, and which is set forth in Georgia Laws 1953 Jan.-Feb. Session, page 553, except to the extent that said constitutional amendment conflicts with this Act in which case the provisions of this Act shall control by authority of Article VII, Section V, Paragraph II of the Constitution. Legislative intent. Section 6 . Within 10 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 Tift County to issue the call for an election for the purpose of submitting this Act to the voters of said County for approval or rejection. The Ordinary shall set the date of such election for a day not less than 30 nor more than 120 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 Tift County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act providing for new terms of office of the members of the Tift County Board of Education and providing for the manner of election of said members and providing for the extension of terms of office of certain of said members in connection with said manner of election be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election

Page 2726

shall be borne by Tift 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. Legislation will be introduced at the regular 1971 session of the General Assembly of Georgia to change (subject to approval by a majority of the qualified voters of Tift County voting in a referendum thereon) the manner of election and terms of office of members of the Tift County Board of Education. Jones Ponder, Chairman Tift County Board of Education Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ford B. Spinks who, on oath, deposes and says that he is Senator from the 9th 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 and 20, 1971. /s/ Ford B. Spinks Senator, 9th District Sworn to and subscribed before me, this 3rd day of March, 1971.

Page 2727

/s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires, Dec. 16, 1974. (Seal). Approved Mar. 31, 1971. CITY OF DALTONCHARTER AMENDED. No. 269 (House Bill No. 178). 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), as amended, by an Act approved February 27, 1969 (Ga. L. 1969, p. 2126) so as to change the provisions relative to age at retirement date; to delete the provisions relative to the contributions of participants; 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), as amended, by an Act approved February 27, 1969 (Ga. L. 1969, p. 2126) is hereby amended by adding a new sentence at the end of section 5 to read as follows: For participants having at least 25 years of continuous service, at their option, the normal retirement date will be the first of the month following attaining the age of sixty (60) years., so that when so amended section 5 shall read as follows: Section 5. Normal retirement date. The normal retirement date for each participant will be the first of the month following attaining the age of sixty-five (65) years. For

Page 2728

participants having at least 25 years of continuous service, at their option, the normal retirement date will be the first of the month following attaining the age of sixty (60) years. Section 2 . Said Act is further amended by striking from section 12 the following: . 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 the undersigned will introduce to the General Assembly of Georgia at the January, 1971 session thereof, for the passage of a local bill to amend the Charter of Dalton (Ga. L. 1874, p. 181), as amended, and particularly by Ga. L. 1966, p. 2946 (City of DaltonEmployee's Pension Plan), as amended, so as to amend section 5. Normal Retirement date, Section 5. Amount Pension., section 7. Early retirement., Section 9. Normal form of pensions. and section 12., Cost of plan., and to provide generally for all other matters relevant to such pension plan. This 23rd day of December, 1970. /s/ Jack Cole Representative, Third District, Whitfield County, Post No. 1 /s/ Virgil T. Smith Representative, Third District, Whitfield County, Post No. 2

Page 2729

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 Citizens-News which is the official organ of Whitfield County, on the following dates: December 26, 1970, January 2, and 8, 1971. /s/ Virgil T. Smith Representative, 3rd District Sworn to and subscribed before me, this 19th day of January, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 31, 1971. WILKES COUNTYCOMPENSATION OF ORDINARY CHANGED. No. 272 (House Bill No. 350). An Act to amend an Act placing the sheriff, ordinary and clerk of the superior court of Wilkes County upon an annual salary, approved April 2, 1963 (Ga. L. 1963, p. 2083), as amended, particularly by an Act approved February 29, 1968 (Ga. L. 1968, p. 2089), so as to change the compensation 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 sheriff, ordinary and clerk

Page 2730

of the superior court of Wilkes County upon an annual salary, approved April 2, 1963 (Ga. L. 1963, p. 2083), as amended, particularly by an Act approved February 29, 1968 (Ga. L. 1968, p. 2089), is hereby amended by striking from section 4 the figure $6,250.00 and by inserting in lieu thereof the figure $7,500.00, so that when so amended section 4 shall read as follows: Section 4. The ordinary of Wilkes County shall receive an annual salary of $7,500.00 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 ordinary is authorized to employ a clerical assistant to assist him in the discharge of his official duties. Said assistant shall be compensated from the funds of Wilkes County at the rate of $10.00 per day, not to exceed 50 days during any one calendar year. The board of commissioners shall furnish suitable office equipment and supplies to the ordinary's office so as to provide for its efficient operation and the cost of such supplies and equipment shall be borne by the county. Section 2 . The provisions of this Act shall become effective on the first day of the month following its 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 1971 Session of the General Assembly of Georgia, a bill to change the compensation of the Ordinary of Wilkes County; to provide effective date, and for other purposes. This 22nd day of December. /s/ D. H. Reynolds, Chm., and road supt. /s/ Henry Harris, Com. /s/ H. W. Bailey, Com. /s/ J. M. Sherrer, Com.
Page 2731

/s/ C. B. Wright, Com. /s/ Ben B. Ross, Rep. 26th Dist. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Barron 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 News Reporter which is the official organ of Wilkes County, on the following dates: December 24, 31, 1970; January 7, 1971. /s/ Ben Barron Ross Representative, 26th District Sworn to and subscribed before me, this 8th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 31, 1971. STATE COURT OF STEPHENS COUNTY, JUDGE AND SOLICITORS' SALARIES CHANGED. No. 273 (House Bill No. 353). An Act to amend an Act establishing the State court of Stephens County, approved February 22, 1937 (Ga. L. 1937, p. 1214), as amended, particularly by an Act approved April 10, 1968 (Ga. L. 1968, p. 3546) and by an Act approved March 13, 1970 (Ga. L. 1970, p. 2668), so as to change the compensation of the judge and solicitor

Page 2732

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 State court of Stephens County, approved February 22, 1937 (Ga. L. 1937, p. 1214), as amended, particularly by an Act approved April 10, 1968 (Ga. L. 1968, p. 3546) and by an Act approved March 13, 1970 (Ga. L. 1970, p. 2668), is hereby amended by striking section 10 in its entirety and substituting in lieu thereof the following: Section 10. Be it further enacted by the authority aforesaid, that there shall be a judge of said State 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, 1940, and until his successor shall qualify, and thereafter, except in the case of a vacancy, the judge of said State court shall hold his office by virtue of an election by the qualified voters of Stephens County, and shall hold his office for a term of four years, beginning on the first day of January 1941. At the regular election of county officers of Stephens County, in the year 1940, there shall be elected by the qualified voters of said County of Stephens a judge of said State court who shall be commissioned by the Governor and shall hold his office for a term of four years from January 1, 1941, 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 State court shall receive a salary of four thousand, eight hundred ($4,800.00) dollars per annum which shall be paid monthly by the clerk of the board of commissioners or other person or persons who are now or may hereafter be charged by law with the paying out of money of the County of Stephens, and shall be furnished an office in the courthouse as other county officers; and it shall be the duty of the commissioners of roads and revenue of said county, or other proper officers, to make provision annually in levying taxes for this purpose. The said judge

Page 2733

shall receive no other compensation but shall not be disqualified to practice law in courts other than his own. Judge. Section 2 . Said Act is further amended by striking section 14 in its entirety and substituting in lieu thereof the following: Section 14. Be it further enacted by the authority aforesaid, that there shall be a solicitor of said State court, 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 first day of January, 1941, 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 said solicitor as collected, and in lieu thereof he shall receive the sum of three hundred fifty ($350.00) dollars per month, the same to be paid out of the county treasury. The said solicitor shall receive no other fees or compensation for his services, except that the solicitor of said State 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. 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 2734

Legal Notice. Notice is hereby given that there will be introduced in the 1971 Session of the General Assembly of Georgia, a Bill to set the salaries of the office of the State Court Solicitor and Judge as to be the same as adjoining county of Habersham to provide additional help for the office of Sheriff, to set the salary of the office of Sheriff, Ordinary, Clerk of the Superior Court, court reporter and for other purposes. Don C. Moore Representative, 6th District 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 Piedmont Herald which is the official organ of Stephens County, on the following dates: January 7, 14, 21, 1971. /s/ Don C. Moore Representative, 6th District Sworn to and subscribed before me, this 8th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 31, 1971.

Page 2735

STEPHENS COUNTY, COMPENSATION OF SHERIFF CHANGED, ETC. No. 274 (House Bill No. 354). An Act to amend an Act placing the sheriff of Stephens County on an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 3118) as amended, particularly by an Act approved March 25, 1968 (Ga. L. 1968, p. 2846) and by an Act approved March 19, 1970 (Ga. L. 1970, p. 2889), so as to change the provisions relative to the compensation of the sheriff; to change the provisions relative to the compensation and number of deputies; to change the compensation of the secretary; 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 Stephens County on an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 3118) as amended, particularly by an Act approved March 25, 1968 (Ga. L. 1968, p. 2846) and by an Act approved March 19, 1970 (Ga. L. 1970, p. 2889) is hereby amended by striking section 2 in its entirety and substituting in lieu thereof the following: Section 2. The sheriff shall receive an annual salary of $11,000 payable in equal monthly installments from the funds of Stephens County; provided, however, the governing authority of Stephens County is hereby authorized to increase the salary of the sheriff to $12,000 per annum. 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. (a) The sheriff may appoint four deputies, to serve at his pleasure, each of whom shall receive an annual salary of $6,000.00, to be paid in equal monthly installments from the funds of Stephens County. Said annual salaries for the deputies may be increased from time

Page 2736

to time by the Board of Commissioners of Stephens County: Provided, however, said compensation shall not exceed $6,500.00 per annum for each deputy. Deputies. (b) The sheriff may appoint a secretary, to serve at his pleasure, who shall be paid an annual salary of $4,000.00, to be paid in equal monthly installments from the funds of Stephens County. Said annual salary may be increased from time to time by the Board of Commissioners of Stephens County: Provided, however, said compensation shall not exceed $4,500.00 per annum. Secretary. (c) The sheriff may appoint a jailer, and the sheriff shall be paid $3,000.00 per annum which shall go toward paying the jailer's salary. Jailer. 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. Legal Notice. Notice is hereby given that there will be introduced in the 1971 Session of the General Assembly of Georgia, a Bill to set the salaries of the office of the State Court Solicitor and Judge as to be the same as adjoining county of Habersham to provide additional help for the office of Sheriff, to set the salary of the office of Sheriff, Ordinary, Clerk of the Superior Court, court reporter and for other purposes. /s/ Don C. Moore, Representative, 6th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don C. Moore who,

Page 2737

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 Piedmont Herald which is the official organ of Stephens County, on the following dates: January 7, 14, 21, 1971. /s/ Don C. Moore Representative, 6th District Sworn to and subscribed before me, this 8th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 31, 1971. STEPHENS COUNTYCOMPENSATION OF CLERK CHANGED, ETC. No. 275 (House Bill No. 355). An Act to amend an Act fixing the compensation of the clerk of the superior court of Stephens County approved March 19, 1970 (Ga. L. 1970, p. 2891) so as to change the provisions relative to the compensation of said clerk; to change the compensation of 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 fixing the compensation of the clerk of the superior court of Stephens County approved March 19, 1970 (Ga. L. 1970, p. 2891) is hereby amended by striking

Page 2738

section 2 in its entirety and substituting in lieu thereof the following: Section 2. The clerk of the superior court of Stephens County shall receive an annual salary of $11,000 payable in equal monthly installments from the funds of Stephens County; provided, however, the governing authority of Stephens County is hereby authorized to increase the salary of said clerk of the superior court to $12,000 per annum. Salary. 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 have the authority to appoint such personnel as are authorized by the Board of Commissioners of Stephens County. The compensation of such personnel shall be $4,000.00 per annum for each employee, except that the Board of Commissioners of Stephens County may, from time to time, increase the compensation of said employees: Provided, however, that said compensation shall not exceed $4,500.00 per annum per employee. Said compensation shall be paid in equal monthly installments out of the funds of Stephens County. Personnel. 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. Legal Notice. Notice is hereby given that there will be introduced in the 1971 Session of the General Assembly of Georgia, a Bill to set the salaries of the office of the State Court Solicitor and Judge as to be the same as adjoining county of Habersham to provide additional help for the office of Sheriff, to set the salary of the office of Sheriff, Ordinary,

Page 2739

Clerk of the Superior Court, court reporter and for other purposes. Don C. Moore Representative, 6th District 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 Piedmont Herald which is the official organ of Stephens County, on the following dates: January 7, 14, 21, 1971. /s/ Don C. Moore Representative, 6th District Sworn to and subscribed before me, this 8th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 31, 1971. STEPHENS COUNTYCOMPENSATION OF ORDINARY CHANGED, ETC. No. 276 (House Bill No. 356). An Act to amend an Act placing the ordinary of Stephens County on an annual salary, approved March 19, 1970 (Ga. L. 1970, p. 2893), so as to change the provisions relative to the compensation of the ordinary; to change

Page 2740

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 ordinary of Stephens County on an annual salary, approved March 19, 1970 (Ga. L. 1970, p. 2893) is hereby amended by striking section 2 in its entirety and substituting in lieu thereof the following: Section 2. The ordinary of Stephens County shall receive an annual salary of $9,000 payable in equal monthly installments from the funds of Stephens County; provided, however, the governing authority of Stephens County is hereby authorized to increase the salary of the ordinary to $10,000 per annum. Section 2 . Said Act is further amended by striking from section 4 the following: $3,750.00 and inserting in lieu thereof the following: $4,000.00 and by adding at the end of section 4 the following: Said compensation may be increased from time to time by the Board of Commissioners of Stephens County: Provided, however, that said compensation shall not exceed $4,500.00 per annum for said clerk., so that when so amended section 4 shall read as follows: 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, who shall receive an annual salary of $4,000.00, payable in equal monthly installments from funds of Stephens County. Said compensation may be increased from time to time by the Board of Commissioners of Stephens County:

Page 2741

Provided, however, that said compensation shall not exceed $4,500.00 per annum for said 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. Legal Notice. Notice is hereby given that there will be introduced in the 1971 Session of the General Assembly of Georgia, a Bill to set the salaries of the office of the State Court Solicitor and Judge as to be the same as adjoining county of Habersham to provide additional help for the office of Sheriff, to set the salary of the office of Sheriff, Ordinary, Clerk of the Superior Court, court reporter and for other purposes. /s/ Don C. Moore, Representative, 6th District 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 Piedmont Herald which is the official organ of Stephens County, on the following dates: January 7, 14, 21, 1971. /s/ Don C. Moore Representative, 6th District

Page 2742

Sworn to and subscribed before me, this 8th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 31, 1971. CITY OF WARRENTONCHARTER AMENDED. No. 277 (House Bill No. 388). An Act to amend an Act incorporating the Town of Warrenton (now City of Warrenton), approved December 12, 1859 (Ga. L. 1859, p. 210), as amended, particularly by an Act approved February 4, 1949 (Ga. L. 1949, p. 216), and an Act approved February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2155), so as to change the salary of the mayor and council; to provide an expense allowance for said mayor and council; to provide for staggered terms of office for said council; 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 Warrenton (now City of Warrenton), approved December 12, 1859 (Ga. L. 1859, p. 210), as amended, particularly by an Act approved February 4, 1949 (Ga. L. 1949, p. 216), and an Act approved February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2155), is hereby amended by striking section 2 in its entirety and by inserting in lieu thereof a new section 2 which shall read as follows: Section 2. The mayor is hereby constituted chief executive of the City of Warrenton, and he shall be paid a monthly salary of $100.00. He shall see that all laws and ordinances of said city are observed and faithfully carried

Page 2743

out and executed. He shall examine and audit all acts against said city before payment. He shall have the power to convene the council together at any time in his judgment that it is necessary. Mayor. Section 2 . Said Act is further amended by striking section 16 (a) in its entirety and by inserting in lieu thereof a new section 16 (a) which shall read as follows: Section 16 (a). The members of the city council shall be paid $25.00 per month. Section 3 . Said Act is further amended by striking section 1 of the amendatory Act approved February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2155), and by inserting in lieu thereof a new section 1 which shall read as follows: Section 1. Effective with the election to be held on the second Wednesday in December, 1971, the five members of the council of the City of Warrenton shall be elected by the qualified voters of said city for terms as follows: In order to install the staggered term system, the election for councilmen with terms beginning January 1, 1972, shall be constituted so that the three candidates receiving the most votes shall be elected to initial terms of office of four years and until their successors are elected and qualified. The next two candidates in the voting tabulation shall be elected to terms of office of two years each and until their successors are elected and qualified. Thereafter, in each council election the successful candidate shall be elected to a term of four years and until his successor is elected and qualified. All elections for council shall be held on the second Wednesday in December of each odd-numbered year. The clerk of the city shall prepare a list of the qualified and registered voters, with the assistance of the tax collector of Warren County, which list shall be prepared at least 30 days before the election and any person whose name does not appear on such list of qualified and registered voters shall not be permitted to vote in said election. In order to be eligible for council, a candidate shall have resided in the City of Warrenton for at least 12 months. Council.

Page 2744

Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Bill Affecting Local Legislation. Notice is hereby given that there will be introduced in the 1971 session of the Georgia General Assembly a bill to amend the governing legislation so as to authorize the proper authorities to grant an increase in the present monthly salary for each of the following City of Warrenton officials: Mayor from $25.00 to $100.00; and each Councilman from $5.00 to $25.00. In addition, the Mayor and Councilmen are to be compensated for their expenses in carrying out the duties of the office they serve for the City of Warrenton, provided such expenses are itemized and approved for payment by a majority of the Councilmen. Also included in this bill will be the proper legislation required to amend the City of Warrenton Charter so that Councilmen will serve staggered terms of office, thereby eliminating the possibility that an entirely new Council will come into office at any one time. Effective with the term beginning January 1, 1972, the term of Councilmen will be changed from two to four years; with the following exception: In order to install the staggered term system, the election for Councilmen with terms beginning January 1, 1972, will provide that the three candidates receiving the most votes will be elected for a term of office for four years and the next two candidates in the voting tabulation will be elected for a term of office for two years. Thereafter, in each Council election, the successful candidates will be elected for a term of office for four years. Said salary increases, when proposed legislation is passed, are to be effective January 1, 1971. /s/ Bobby W. Johnson, Representative, Post No. 2, Dist. 29

Page 2745

Georgia, Warren County. To whom it may concern: This is to certify that the legal notice attached hereto has been published in the: Warrenton Clipper legal organ for Warren County, the following dates, to-wit: January 1, 1971, January 8, 1971, January 15, 1971, January 22, 1971. Sworn to on the 21st day of January, 1971. /s/ Alva L. Haywood Publisher Sworn to and subscribed to before me, on the 21st day of January, 1971. /s/ Latrelle S. Smith Notary Public My Commission expires May 13, 1973. (Seal). Approved March 31, 1971. CIVIL COURT OF RICHMOND COUNTY ACT AMENDED. No. 278 (House Bill No. 432). An Act to amend an Act abolishing the justice courts and the office of justice of the peace and notary public ex officio justice of the peace and the office of constable in the City of Augusta, Georgia, and creating in lieu thereof a Municipal Court in and for the City of Augusta, approved August 28, 1931 (Ga. L. 1931, p. 270), as amended, so as to revise, consolidate and clarify all the laws establishing, concerning and relating to the Municipal Court, City of Augusta, Georgia, in and for the County of Richmond; to provide for the election of judges thereof; to provide for the creation of the office of Associate Judge; to provide for their compensation, define their qualifications, powers and duties; to provide for the appointment of all other officers; to increase the jurisdiction

Page 2746

of said court; to establish and revise the rules of procedure; to provide for trial by jury of six members; to provide for destruction of old records; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act abolishing the justice courts and the office of justice of the peace and notary public ex officio justice of the peace and the office of constable in the City of Augusta, Georgia, and creating in lieu thereof a Municipal Court in and for the City of Augusta, approved August 28, 1931 (Ga. L. 1931, p. 270), as amended, is hereby amended by striking in their entirety sections 1 through 41 and substituting in lieu thereof the following: Section 1 . That a Civil Court of Richmond County is hereby established and created, and that from and after January 1, 1933, and the election and qualification of the officers of said Civil Court of Richmond County, Georgia, no justice court, or justice of the peace or notary public ex officio justice of the peace or constable shall have or exercise any jurisdiction civil or criminal, within the limits of the City of Augusta, Georgia, as they now or may be hereafter defined. Creation. Section 2 . The Civil Court, Richmond County, Georgia, shall have concurrent jurisdiction within the County of Richmond, with the Superior Court and other courts of said county, to try and dispose of all civil cases or proceedings of whatever nature, whether arising ex contractu or ex delicto, under the common law, or by statute in which the principal sum sworn to or claimed to be due, or the value of the property in dispute does not exceed ten thousand ($10,000.00) dollars, and of which jurisdiction is not vested by the Constitution and laws of Georgia exclusively in another or other courts. The criminal jurisdiction of said Civil Court shall not exceed the jurisdiction now or hereafter vested by law in the justice courts of this State, but such jurisdiction shall extend over the entire County of Richmond. Whenever the words `principal amount sworn to or claimed to be due' are used in this

Page 2747

Act, it shall be held to mean the principal amount sued for, or the value of the property sued for or claimed, or the alleged amount of liens sought to be enforced by the defendant, set-off, or counterclaim, exclusively of and not computing interest, hire, attorney's fees and cost. Provided, however, should the amount of a counterclaim or set-off asserted by defendant exceed the jurisdiction limit of this court, the clerk shall within five days from date of filing said counterclaim or set-off, transfer all pleadings in the subject suit to the Clerk of the Superior Court of Richmond County, Georgia, who shall docket same and thereafter the litigation shall be subject to existing Superior Court rules and jurisdiction. Civil jurisdiction. Criminal jurisdiction. Section 3 . The Civil Court of Richmond County, Georgia, shall have jurisdiction to try and determine all distress warrants, and dispossessory warrants and proceedings to evict intruders, and to dispossess and remove tenants holding over. The plaintiff in such proceedings shall have the right to direct the return of the same as to the issues to be tried thereon to either the Civil Court of Richmond County, Georgia, or to the Superior Court of Richmond County, provided such election is stated in the warrant or affidavit or counter-affidavit at the time the same is filed, and if no such election is so stated said warrant or affidavit shall be returnable to the Civil Court of Richmond County, Georgia. And in the event that said warrant should be contested and triable in the Civil Court of Richmond County, Georgia, all issues of law and fact formed thereon by counter-affidavit or otherwise shall be tried by the judge of said court without the intervention of jury, unless a demand for jury trial is filed at the time of filing said warrant, affidavit, counter-affidavit or pleadings thereon, either by the plaintiff or defendant. Failure to file such a demand for trial by jury shall be deemed as a waiver of a jury trial. Jurisdiction. Demand for jury trial. Section 4 . Be it further enacted by the authority aforesaid, that there shall be a judge of said Civil Court, who shall be known as the chief judge, whose term of office shall be four years and who shall be elected by the qualified voters of the County of Richmond quadrennially at the regular State election for the election of members of the

Page 2748

General Assembly and in the same year in which presidential elections are held; Provided that the chief judge of said court first elected under the terms of this Act shall be elected on the third Wednesday in December, 1932, at the election to be held for that purpose; provided further that all qualified voters of the county resident in and/or outside of the City of Augusta shall be permitted to vote in the voting precinct in which they live in the same manner as they vote for other candidates for other State and/or county officers. Chief judge. Election. Section 5 . Be it further enacted by the authority aforesaid, that the chief judge of said Civil Court shall be commissioned by the Governor and before entering upon the duties of his office shall take the same oath required by law of Superior Court Judges; that any person who shall be elected chief judge, or appointed clerk or sheriff of said Civil Court must at the time of his election, or appointment, be a qualified voter of Richmond County, the chief judge of said court shall be a practicing attorney at law at least five (5) years immediately preceding his election; provided further that the chief judge of said court shall be subject to the same restrictions as imposed by law upon the Superior Court judges prohibiting practicing law. Oath. Qualifications. Section 6 . Be it further enacted by the authority aforesaid, that every vacancy in the office of chief judge of said Civil Court, occasioned by death, resignation, retirement, or other cause shall be filled by appointment of the Governor for the unexpired term thereof. Vacancy. Section 7 . Be it further enacted by the authority aforesaid, that the chief judge of said Civil Court and the associate judge, are hereby clothed with the same powers and authority as is conferred by the Constitution and laws of this State upon a justice of the peace, and with such additional rights, powers, and jurisdiction as is provided by the terms of this Act; that said chief judge of said Civil Court and the associate judge, shall have the power and authority, under the limitations set out in this Act, to hear, determine, and dispose of all cases and actions, both civil and criminal, of which said court has jurisdiction,

Page 2749

and to give judgment and execution therein; to hold court from day to day continuously, if necessary, to the dispatch of business of said court. The chief judge of said court and the associate judge shall have the same power to preserve order, to compel obedience to their orders, to inflict summary punishment for contempt, to enforce the judgment of their court, as is given by law to the judges of the Superior Courts of this State; provided, however, that said judges shall have no power to impose punishment for contempt exceeding a fine of one hundred ($100.00) dollars and/or thirty (30) days in the county jail. The judges of said Civil Court shall have, in addition to the powers enumerated in this section, all the powers, prerogatives and authority, in matters wherein the subject matter and the amount involved are not beyond the jurisdiction of said Court, that are conferred upon the judges of the Superior Court, and said powers, prerogatives and authority shall apply to the chief judge of said Civil Court and the associate judge, so far as the same may be applicable, unless inconsistent with the provisions of this Act. Powers. Section 8 . There shall be an Associate Judge of said court who shall have the same qualifications as required of the chief judge of said court. The said associate judge shall exercise all the functions, have the same powers and perform the same duties and have the same jurisdiction as the chief judge thereof, except as may be otherwise provided in this Act. The compensation of said associate judge shall be $11,800.00 per annum, to be paid as the other officers of said court are paid; provided that the associate judge shall be prohibited from the practice of law in the Civil Court, Richmond County, Georgia, only. The said associate judge shall be appointed by the Governor within thirty (30) days after this Act is approved or otherwise becomes law and his office shall run concurrent with the term of the office of the chief judge; thereafter he shall be elected in the same manner and at the same time as the chief judge. When a vacancy occurs in the office of associate judge of said Civil Court, occasioned by death, resignation, or other cause, it shall be filled by appointment of the Governor for the unexpired term thereof. Associate judge.

Page 2750

Section 9 . The salary of the chief judge of Civil Court shall be $14,800.00 per annum; the salary of the clerk of of said court shall be fixed by the chief judge from time to time at an amount not to exceed $8,472.00 per annum and the clerk of said court shall have the power, by and with the consent of said chief judge of said court, to appoint a chief deputy clerk and the salary of the chief deputy clerk shall be fixed by the chief judge from time to time at an amount not to exceed $6,132.00 per annum, and the clerk of said court shall have the power by and with the consent of the chief judge of said court to appoint six (6) deputy clerks and the salary of each of said deputy clerks shall be fixed by the chief judge from time to time at an amount not to exceed $5,652.00 per annum. The salary of the sheriff of said court shall be fixed by the chief judge from time to time at an amount not to exceed $8,472.00 per annum and the sheriff of said court shall have power by and with the consent of the chief judge of said court to appoint a chief deputy sheriff and the salary of the chief deputy sheriff shall be fixed by the chief judge from time to time at an amount not to exceed $6,280.92 per annum, and eleven (11) deputy sheriffs and the salary of each deputy sheriff shall be fixed by the chief judge from time to time at an amount not to exceed $6,081.96 per annum. Provided, nevertheless, that said chief deputy sheriff, chief deputy clerk, or deputy clerks, or deputy sheriffs shall serve only during such time as both the chief judge, the clerk and/or sheriff may deem their services necessary and to the best interest of the court. Any such deputy clerk or deputy sheriff may be discharged by the chief judge and/or clerk or sheriff at any time, and any such vacancy or vacancies thus created shall be filled in the same manner as such officers were originally appointed under this Act as amended. The compensation of all officers of said Civil Court shall be paid monthly out of the treasury of Richmond County, Georgia, upon the warrants of the chief judge of said court by the officer or officers charged by law with paying out the money of said county and charged as part of the expenses of said court. Salary of chief judge. Clerk. Chief deputy clerk. Sheriff. Deputy sheriffs. Section 9A . In addition to the personnel which the chief judge may appoint as hereinbefore provided, said judge

Page 2751

shall have the power to appoint, and at pleasure to remove, a court reporter, to serve the court and judges thereof. Such reporter shall report and transcribe all criminal matters required by the judges of said court, and do and perform such other duties as the judges of said court may require in chambers or in court. The salary of the court reporter of said court shall be fixed by the chief judge from time to time at an amount not to exceed $4,560.00 per annum; and shall be paid monthly out of the treasury of Richmond County, Georgia, upon the warrants of the chief judge of said court, by the officer or officers charged by law with paying out the money of the county and charged as part of the court expenses of said court. Court reporter. Section 10 . The Sheriff and the clerk of the Civil Court of Richmond County, Georgia, shall be appointed by the chief judge of said court for a term of office to run con-currently with his own. The sheriff and the clerk of said court shall have authority, with the approval of the chief judge of said court, to name their deputies who shall hold said office at the pleasure of the said sheriff or clerk as the case may be, subject to approval of the chief judge of said court. It is hereby further provided that the chief judge, and associate judge and all of the other officers of the Civil Court of Richmond County, Georgia, now serving their present term of office are hereby confirmed as the chief judge, and associate judge and other officers of said court, to name their deputies who shall hold said office at the pleasure of said sheriff or clerk as the case may be subject to approval of the chief judge of said court. It is hereby further provided that the judge and all of the other officers of the Civil Court of Richmond County, Georgia, now serving their present term of office are hereby confirmed as the judge and other officers of said court. Sheriff and clerk appointed. Deputies. Present officials. Section 11 . Be it further enacted by the authority aforesaid, that all of the requirements and duties, powers and authority imposed by law upon and conferred upon the clerk of Richmond Superior Court and the sheriff of Richmond County shall be obligatory upon and shall be vested in the clerk and sheriff of said Civil Court, and the several deputies, respectively and shall be concurrent and

Page 2752

co-existent with said clerk of Superior Court and sheriff of Richmond County, except where inconsistent with or limited by the provisions of this Act defining the jurisdiction of said court; provided, however, that the amount of the bond of the clerk of said Civil Court shall be ten thousand ($10,000.00) dollars, and the amount of the bond of the sheriff of said Civil Court shall be ten thousand ($10,000.00) dollars, and the amount of the bond of deputy clerks of said Civil Court shall be one thousand ($1,000.00) dollars, and the amount of the bond of deputy sheriffs of said Civil Court shall be one thousand ($1,000.00) dollars; and all such bonds to have as surety thereon a surety company doing business in this State and having an office and authorized to do business in Georgia, and premium of such bonds to be paid out of the county treasury of Richmond County, Georgia. Duties. Section 12 . The clerk and deputy clerks of said Civil Court shall have complete power and authority, co-existent and coordinate with the power of the judges of said court, under the provisions of this Act, to issue any and all warrants, civil and criminal, suits, and garnishments, writs of attachment, distress warrants, dispossessory warrants, warrants against intruders, warrants against tenant holding over, possessory warrants, bail trover, and summary processes and writs which are issuable as a matter of right, to accept and approve bonds, and to discharge any and all other functions, which under the laws of this State are performable by a justice of the peace. And all deputy clerks, and deputy sheriffs, if and when appointed under the terms of this Act, shall exercise all the functions and be subject to all the responsibilities and requirements of the clerk and sheriff of said court. Power of clerk. Section 13 . Said Civil Court shall be a court of record, and shall have a seal, and minutes, records, and other books and files that are required by law to be kept by the Superior Court, so far as the jurisdiction of said Civil Court may render necessary, and said records shall be kept in and for said Civil Court, and said Civil Court is hereby declared to be a court of record for all purposes of jurisdiction, including, but not restricted to (a) motions for summary

Page 2753

judgment; (b) all matters arising under the Uniform Criminal Extradition Act, approved February 21, 1951 (Ga. Laws 1951, p. 726), as amended; (c) Uniform Act for Out of State Parolee Supervision, approved February 17, 1950 (Ga. Laws 1950, p. 405), as amended; (d) Non-Resident Motorist Act, as amended; and (e) Georgia Civil Practice Act, as amended, provided that the clerk of said Civil 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 the judges of said court, and proper receipt being given to said clerk or deputy clerks of said court. Court of record. Section 14 . Be it further enacted by the authority aforesaid, that with the exception of the judges of Richmond Superior Court and the judge of the State Court of Richmond County, the said Civil Court shall have exclusive jurisdiction to sit as a court of inquiry to examine into accusations against persons arrested on warrants for offenses committed within the limits of said County of Richmond. Court of inquiry. Section 15 . All warrants, summary processes, writs, processes, garnishments, attachments, and suits issuing out of said Civil Court, in which the principal sum claimed to be due or the value of the property in dispute does not exceed ten thousand ($10,000.00) dollars, shall be returnable to said Civil Court in the same manner and under the same rules as such writs are required to be returned to the Superior Court. Jurisdiction. Section 16 . The general laws of this State in regard to commencement of actions in the superior courts, and defenses thereto of whatever nature, the pleadings, the method of procedure and practice therein and in regard to the examination of the parties to suits or witnesses, by interrogatories or under subpoena, witnesses and their attendance, continuances, charge of the court, granting of new trials, and other matters of a judicial nature within the jurisdiction of said Civil Court, shall be applicable to said Civil Court, except as may be otherwise provided in this Act. Practice and procedure.

Page 2754

Section 17 . Suits and garnishments in said Civil Court shall in all respects be conformable to the code of procedure in the superior courts; process of suit shall be annexed by the clerk of said court, and shall be served by the sheriff of said court or his lawful deputies; all executions, warrants, writs and summary processes of any kind issuing from said Civil Court shall be issued by any of the judges thereof; or in any one of their names by the clerk or deputy clerks, and be directed to the sheriff and his lawful deputies of said Civil Court and to all and singular the sheriffs and deputy sheriffs, and lawful constables of this state, and shall be executed by the sheriff or his deputy sheriff, or lawful constable or other peace officer, as now provided by law for such proceedings from the superior courts, or justice of the peace courts of this State. Procedure. Section 18 . The terms of said Civil Court shall be held monthly, on the fourth Monday in each month; that suits, garnishments and attachments shall be filed in the clerk's office of said court at least forty (40) days before the first day of the term to which they are returnable, however, whenever said day shall fall on a Saturday or a Sunday, it shall be held to fall on the first Monday following said Saturday or Sunday, and shall be served at least thirty (30) days before the first day of said term. The terms of said court shall end at twelve o'clock noon, on the fourth Monday in each month for the preceding term. The right of opening default shall be governed by the same rules of law now in force as to opening defaults in the superior courts of this State, whether judgment has been rendered in said case or not. Terms. Section 19 . In all cases in said court in which the principal sum claimed or the value of the property in controversy does not exceed One hundred ($100.00) dollars, the rules of pleading as provided for in sections 15, 16 and 17 hereof shall not be required of parties prosecuting or defending any such action therein, and it shall not be necessary to paragraph either petition or answer; but no suit or proceeding, or answer thereto, shall be accepted or filed by the clerk of said court unless a substantial statement of the cause of action, or matters of defense, of whatsoever character,

Page 2755

be first reduced to writing. No motion or special plea shall be required, but every defense in point of law or of fact may be taken advantage of in the answer; provided, that if the plaintiff shall verify his claim, or if a suit is brought on an unconditional contract in writing, the defendant shall be required to verify his answer. In furtherance of justice, the judges of said court shall permit any claim, suit, process, pleading, or record to be amended in form or in substance, or material supplemental matter to be set forth in an amended written pleading, and shall disregard any error or defect which does not affect the substantial rights of the parties but no amendment presenting a new and distinct cause of action or new party or parties shall be allowed. Suits under $100. Section 20 . After the appearance day, any case may be assigned for trial by any of the judges of said court on any day after giving reasonable notice to all parties, unless continued for good cause shown, and in conformance with such rules and regulations of procedure now promulgated and of force, or which hereafter may be adopted in said court. If a case so placed on the trial calendar is not disposed of within ninety days after the appearance day to which it is brought, it may be dismissed by any of the judges in the exercise of sound discretion, without prejudice to anyone, and costs taxed against the delinquent party. Trial. Section 21 . Be it further enacted by the authority aforesaid, that every case in said Civil Court shall be tried by any judge thereof without a jury, unless a written demand for a trial by jury is filed in said court by the plaintiff, or his attorney, or by any other party seeking affirmative relief at the time such action or proceeding is instituted, or by the defendant, or his attorney, on or before the day and time which he is to appear in court in response to the proceedings against him. Upon the failure of a party to demand a trial by jury, he shall be held to have waived such right. Demand for jury. Section 22 . Be it further enacted by the authority aforesaid, that all laws with reference to the drawing, selecting and summoning of traverse jurors in the superior court

Page 2756

shall apply to said Civil Court, under the limitation provided by the terms of this Act. Selection of jurors. Section 23 . Be it further enacted by the authority aforesaid, that all laws with reference to the qualifications, relationship, impaneling, challenging, and compensation of jurors, now or hereafter in force, applicable to the Superior Courts of Richmond County, Georgia, shall apply to and be observed in said Civil Court except as where in conflict with the terms of this Act. Qualifications of jurors. Section 24 . Be it further enacted by the authority aforesaid, that all jury trials in said court shall be by a jury of six. From said panel of traverse jurors drawn and summoned in accordance with the provisions of this Act, any of the judges of said Civil Court shall cause to be made up at least one panel of jurors containing twelve jurors, and as many other jurors as may in his discretion be necessary, and all cases and issues to be tried by jury at such term of said Civil Court shall be tried by a jury stricken from a panel of jurors thus drawn, plaintiff and defendant each being entitled to three preemptory challenges. In the event that said jurors should be reduced below twelve for any cause, or when upon challenge or from any other cause there shall not be a sufficient number of persons in attendance to complete the panel of jurors, the judge shall draw the tales juriors from the jury box as now provided by law, and order the sheriff to summon the jurors so drawn; and when the sheriff or his deputy shall be disqualified to summon talesmen, they may be summoned by the sheriff of Richmond County or his deputies, or such other person as the judge may appoint. Jury trials. Section 25 . All sales of personal property levied upon under process of Civil Court, or any other process, summary processes, or any other execution, executed by said Civil Court officers, shall take place at the courthouse door during the legal hours of sale, at public outcry, on the Monday next following ten days advertisement by notice posted before the courthouse door, describing the property to be sold, the place and hour of sale, the name and residence of the owner of the property, and the style of the

Page 2757

case in which the execution issued. Such sales are to be conducted by the sheriff of said court or his deputy; provided, that sales of perishable property, and sales on the premises may be made as provided by law, and provided, further, that in all cases where real estate is levied upon under a process from Civil Court, or any other court, the subsequent proceedings shall conform to the laws governing the sale of real estate, save and except that all advertisement and sale of real estate shall be conducted by the sheriff of said court or his deputy. Levies. Section 26 . Be it further enacted by the authority aforesaid, that the chief judge of the Civil Court of Richmond County, Georgia, and the associate judge of said court shall have the same authority as the judge of the superior court to order a case reported, and they may direct the case reported when either party or counsel request it, or when in the discretion of the judge the ends of justice require that the case may be reported. Whenever a case is reported in said court, either by agreement of parties or counsel, or by discretion of the court under the rule, the costs of such reporting shall be taxed equally against the parties to the case and shall be assessed as costs in the case under the same rules as prevail in the superior court, save that the charge for such reporting shall be 10 per hundred words for writing it out. If either party or his counsel object to the reporting of the case, the party so objecting shall not be charged with any expense of reporting the case unless the judge on preliminary investigation shall determine that the case is one that should be reported and shall direct it reported under the rule. When cases reported. Section 27 . (a) In all cases in said court wherein the principal sum claimed or the value of property in controversy does not exceed One Hundred ($100.00) dollars, whether tried by jury, or tried by the judge without a jury, the judgment of said court shall be conclusive, and no new trial shall be granted, provided, nevertheless, said case may be carried to the superior court by certiorari as provided by the general laws in reference to the writ of certiorari. When judgments conclusive. (b) In all cases in said court tried by any of the judges

Page 2758

thereof without a jury or tried by jury, in which the principal sum claimed or the value of the property in controversy exceeds One Hundred ($100.00) dollars, upon announcement of the judgment by the court, or upon rendition of the verdict by the jury, any party or his counsel may make a written motion for a new trial within thirty (30) days after judgment is entered in said case. Unless said motion for new trial is made as herein provided, the parties shall be held to have waived their right to move for a new trial, except upon the grounds on which extraordinary motions for new trial may be made. Said motion may be heard at such time within sixty (60) days after the making of said motion as the court in its discretion may set for a hearing; provided, nevertheless, that upon the disposition of a motion for a new trial by said Civil Court, any party, plaintiff or defendant, or claimant therein, may certiorari said case to the Superior Court of Richmond County under the general law of the writ of certiorari. Provided, however, that in the event the case is tried before a jury, then in this event the right of certiorari will not lie and the appeal shall be to the Court of Appeals or Supreme Court pursuant to jurisdictional requirement. Appeals. (c) From any final judgment of the said Civil Court an appeal shall lie to the Court of Appeals of Georgia, under the same rules that apply to appeals from the Superior Courts of this State. Section 28 . Be it further enacted by the authority aforesaid, that all judgments obtained in said court shall be liens upon property belonging to the defendant or defendants, to the same extent and upon the same conditions as judgments of the Superior Courts of this State. Judgments as liens. Section 29 . From and after the passage of this Act, it shall be necessary for the plaintiff, before or at the time of instituting any civil proceeding in said court to deposit with the clerk of said court the sum of six ($6.00) dollars upon the costs that will accrue therein; provided, nevertheless, if any plaintiff who may desire to institute any action in said court is unable from poverty to make the said costs deposits, he may make an affidavit to that effect

Page 2759

and file the same with the proceeding sought to be sued out or instituted; whereupon it shall be the duty of the officers of said court to proceed with said matter as though said deposit had been paid. Provided, nevertheless, that the clerk of said court shall not be required to file any proceedings in which the plaintiff is a non-resident and the amount involved, or the property in controversy, does not exceed One Hundred ($100.00) dollars, until six ($6.00) dollars shall have been deposited with the clerk, or the amount involved, or the property in controversy, exceeds One Hundred ($100.00) dollars, until twelve ($12.00) dollars, shall have been deposited with the clerk, on account of costs. The court at any stage of such cause, on motion of the clerk, shall require such additional deposit as the case may require. If the case be withdrawn or dismissed, or if, upon final judgment, the deposit exceeds the amount of the cost taxable by law, the clerk shall refund to the depositor the excess. Costs. Section 30 . Be it further enacted by the authority aforesaid, that it shall be the duty of the judges of said court to see to it that the officers of their court are diligent in the collection of costs and shall adopt such other measures and rules as will insure the payments of costs by the party or parties therefor. Section 31 . Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that on and after passage of this Act, no officer of any justice court whose district lies in whole or in part within the limits of the City of Augusta, Georgia, shall have authority to issue or serve any civil, quasi-criminal paper, process, or writ of any character, against any person, firm, or corporation residing within the corporate limits of the City of Augusta, Georgia, without regard to the location of the court from which said paper or process issued, nor shall any justice of the peace issue any criminal warrant for any misdemeanor or crime committed within the limits of the City of Augusta, Georgia. Service in city. Section 32 . Be it further enacted by the authority aforesaid, that in the event any justice of the peace whose

Page 2760

district adjoins the City of Augusta is disqualified from presiding in a particular case or refuses to serve in such case, or if such justice of the peace is sued and there is no justice in his district who is qualified to act, said Civil Court of Richmond County, Georgia, shall have jurisdiction of such case concurrent with justice courts in other adjoining districts. Disqualified justice of peace. Section 32B . Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the justice courts, whether presided over by justice of peace or notary public ex officio justice of peace, whose districts lie partly within and partly without the corporate limits of the City of Augusta, and who have heretofore exercised jurisdiction throughout the City of Augusta, as well as those justice courts whose district lies within the corporate limits of the City of Augusta, shall have no jurisdiction over any person, firm, or corporation residing in the City of Augusta, and none of said courts shall have any jurisdiction to try any civil or criminal cause therein pending against any resident of the City of Augusta, except in the case of principal and surety where one of the parties is a resident of the district wherein the proceeding is instituted. All of said justice courts shall be without jurisdiction to try any civil or criminal case pending therein from and after the passage of this Act, against any resident of the City of Augusta, except in the case of joint makers, joint tort feasors or principal and surety, and only then if such court has jurisdiction over one of the parties sued who is a non-resident of the City of Augusta. Jurisdiction of justice of peace courts. Section 33 . Be it further enacted by the authority aforesaid: (a) That all cases, civil or criminal, pending and undisposed of, from and after the passage of this Act, in justice courts lying wholly within, or partly without, the City of Augusta, Georgia, shall be and they are hereby transferred to said Civil Court for trial and disposition therein. All final and other processes in the hands of officers of said justice courts shall be by them returned to said Civil Court and the judges and other officers of said Civil Court shall have

Page 2761

power and authority to issue and enforce in the name of said Civil Court any and all processes in any case from said justice courts necessary to the final disposition of the same, which from any cause have not been issued and enforced by the officers of said justice courts. All fi. fas. and final processes not satisfied in the hands of the officers of said justice courts, from and after passage of this Act shall be levied by the officers of said Civil Court. All records, books, and papers in cases disposed of and on file in said justice courts shall be filed and deposited with the clerk of said Civil Court, and all property of parties to action in said justice courts in the legal custody of the said court shall be delivered to the sheriff of said Civil Court. It is hereby made the duty of said justices of the peace and/or constables to which this Act is applicable to comply with the provisions of this Section; and any justice of the peace and/or constable who shall fail to transmit such suits, papers and documents, or to return such final or other processes, or to deliver the books and records or property in the custody of the courts, within three days after written demand for such transmission or delivery has been made by the clerk of said Civil Court or any party at interest, shall be held in contempt of said Civil Court, and be punished as provided in cases of contempt in the Superior Courts of the State of Georgia. The officers of said justice courts in this Section referred to shall be entitled to all uncollected costs which have accrued in the cases in their respective courts so transferred up to the passage of this Act, upon the collection of the same by the officers of said Civil Court. Transfer of pending cases. (b) Be it further enacted by the authority aforesaid, that the provisions of the preceding paragraph shall apply to the justices of the peace and justice courts whose districts are within, and partly without, the corporate limits of the City of Augusta, Georgia, in all cases, civil or criminal, jurisdiction of which will devolve upon said Civil Court pending and undisposed of from and after the passage of this Act, and none other. Section 34 . The Board of Commissioners of Richmond County, Georgia, shall provide a suitable and convenient

Page 2762

place for holding of said Civil Court of Richmond County, Georgia; and shall provide all necessary books, stationery, and filing cases for keeping the dockets, files and records of said court, and other things necessary to the conduct of the business of said court. Quarters. Section 35 . Be it further enacted by the authority aforesaid, that a complete set of the published reports of the Supreme Court and the court of Appeals of Georgia, and the Acts of the General Assembly of Georgia commencing with Acts of the 1910 and the Code of 1933, Annotated, shall be furnished by the State Librarian to the clerk of said court for the use of said court. Court reports. Section 36 . The scale of costs to be collected by the officers of the Civil Court of Richmond County, Georgia, shall be graduated and divided according to classifications, as follows: Costs. (a) In all cases the costs to be charged and collected by the officers of said court shall be as set out in the following schedule: Each original summons 2.00 Each copy of summons 2.00 Filing papers in any case 1.00 Seal .25 Affidavit and bond to obtain attachment and issuing and filing same 3.00 Entering judgment in each case 1.00 Trial of each case when same is litigated 1.50 Docketing each case 1.00 Each witness sworn .50 Issuing each execution 1.00 Making out interrogatories and certifying the same 3.50 Making our recognizances and returning same to court 1.00 Each subpoena for witness 2.00 Issuing each distress warrant and filing same 2.00 Each affidavit when a case is pending .75 Answering every writ of certiorari to Superior Court 5.00 Presiding at trial of forcible entry and detainer 4.00 Presiding at trial of right-of-way case 3.00 Issuing rule to establish lost papers 2.00 Trying the same 1.00 Presiding at trial of nuisance case 2.00 Witnessing any paper .75 Affidavit and bond to obtain garnishment and filing 2.50 Issuing summons of garnishment 1.00 Each additional copy of summons .75 Settling case before judgment 1.00 Claim affidavit and bond 1.50 Trying same 1.00 Certifying transcript 1.50 Issuing order to sell perishable property 2.00 Each lien foreclosure and docketing same 3.00 Each order issued by the court 1.50 Each case tried by jury 2.00 Issuing commission to take interrogatories 4.00 Backing fieri facias .75 Rule nisi against officer 1.00 Trying the same .75 Judgment on the same .75 Each criminal warrant issued 2.50 Serving summons of attachment 3.00 Each return of officer 2.00 Serving each copy of summons 1.00 Summoning each witness 1.00 Attending court, for each judgment rendered sheriff's cost 2.00 Levying fieri facias 2.50 Settling fieri facias when property not sold 1.50 Returning nulla bona 1.00 Collecting executions issued by coroners 1.50 Collecting executions issued by tax collector 1.50 Keeping or storage of any motor vehicle, not to exceed per day 1.00 Keeping each dog, per day .50 Keeping horse, mule, ox or ass, per day 1.00 Keeping each head of meat cattle, per day .50 Keeping each head of sheep, goats or hogs .50 Keeping or storage of household furniture or appliances, not to exceed per day 1.00 All sales made by sheriff, amount on sales commission 6% Serving rule to establish lost paper 2.00 Every additional copy .75 Serving court 1.00 Each additional copy .75 Following property out of county, going and returning per mile .10 Levying each distress warrant 5.00 Each advertisement 3.00 Taking bond in civil cases 3.00 Taking bond in criminal cases 2.50 Serving summons of garnishment 1.00 Each additional summons 1.00 For hauling or drayage in handling of any property seized by virtue of process from court, not to exceed $6.00 per hour for use of any vehicle used in hauling or drayage, and $1.75 per hour for labor. For towing or wrecker service for motor vehicle seized under legal process, not to exceed $1.50 per mile, minimum charge for any vehicle seized within corporate limits, City of Augusta, not to exceed 5.00 (b) The costs to be taxed in said court in possessory warrant cases, criminal warrants, peace warrants, search warrants and bail trovers shall be the same as those fixed by law. (c) In dispossessory warrant cases and proceedings to eject intruders, the costs shall be $3.00 for the clerk for issuing and $3.00 for the sheriff for serving the warrant, and other costs shall be the same as justice of the peace court costs. Said $6.00 shall be deposited with the clerk at time of filing and issuing of said warrant. (d) In all other cases not herein specifically provided for, the costs to be taxed by the clerk shall be the same as provided by law. The sheriff's costs for advertising personal property shall be $3.00. (e) All costs collected in said court by the officers thereof shall be paid into the treasury of Richmond County monthly on the first, or within ten days thereof, of each month by the clerk to be applied to the expenses of operating said court. Section 37 . In addition to the personnel which the chief judge may appoint as hereinbefore provided, the judges shall have the power to appoint, and at pleasure to remove two (2) secretaries to serve the judges of said court. Such secretaries shall take all stenographic notes, transcribe the same, required by the judges of said court, and do and perform such other duties as the judges of said court may require at chambers or in court. And said secretaries, if and when so appointed under the terms of this Act, shall have the same powers and authority and exercise all the functions and be subject to all responsibilities and requirements of a deputy clerk of said court. The salary of the secretaries of said court shall be fixed by said

Page 2767

judges from time to time at an amount not to exceed Four Thousand Eight Hundred and Thirty One ($4,831.00) dollars per annum; and shall be paid monthly out of the treasury of Richmond County, Georgia, upon the warrants of the chief judge of said court, by the officer or officers charged by law with paying out the money of the county and charged as a part of the court expenses of said court. 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 1971, for the enactment of local legislation to amend the Act creating the Municipal Court, City of Augusta, Richmond County, Georgia, approved August 28, 1931, page 270, as heretofore amended. Said Acts appear in Ga. L. 1965, pages 2144, through 2167, and Ga. L. 1966, pages 3312 through 3315 approved March 7, 1966, an Act approved March 24, 1970, Ga. L. 1970, pages 3436-3452. This 15th day of December 1970. Mrs. E. H. Simpson Clerk, Municipal Court City of Augusta, Georgia (Seal). Sworn to and subscribed before me, this 15th day of December, 1970. Donna D. Hobbs 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

Page 2768

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: December 19-26-1970January 2-1971. /s/ W. S. Morris, III, President of Southeastern Newspapers Corporation - Publisher of The Augusta Herald. Sworn to and subscribed before me this 4 day of January, 1971. /s/ E. Arlyene Armstrong Notary Public, Richmond County, Ga. Approved March 31, 1971. CITY OF WEST POINTCHARTER AMENDED. No. 279 (House Bill No. 579). An Act to amend an Act creating a new charter for the City of West Point, Georgia, approved December 13, 1900 (Ga. L. 1900, p. 474), as amended, so as to authorize and empower the Mayor and Aldermen of the City of West Point to grant, bargain, sell and convey upon such terms and for such sums as may be agreed upon, certain specifically described property; 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 West Point, Georgia, approved December 13, 1900 (Ga. L. 1900, p. 474), as amended, is hereby amended by adding to the end thereof the following:

Page 2769

The Mayor and Aldermen of the City of West Point are hereby authorized and empowered to grant, bargain, sell and convey upon such terms and for such sums as may be agreed upon the following described property, to-wit: A portion of East Eighth Street in the City of West Point, Troup County, Georgia, more particularly described as follows, to-wit: BEGIN at the intersection of the South margin of East Eighth Street (formerly Ferry Street) with the East margin of Avenue I in the City of West Point, Georgia; THENCE South 76 30[UNK] East along the South margin of East Eighth Street a distance of 198 feet to an iron pin located at the intersection of the South margin of East Eighth Street and the West margin of Avenue J for a corner; THENCE North 13 30[UNK] East for 48.0 feet to an iron pin for a corner; THENCE North 76 30[UNK] West for 198 feet to an iron pin for a corner; THENCE South 13 30[UNK] West for 48 feet to an iron pin for a corner and the starting point. The above described parcel is a part of the property originally dedicated as a public street, but which parcel has never been used as a public street and is not needed for such purpose. provided, the purchaser or purchasers of the above described parcel shall pay all expenses of whatsoever kind and character in connection with the sale and conveyance of said property, and that the City of West Point will incur or pay no expense whatsoever in connection with the sale of said portion or portions of said street. 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 1971 Session of the General Assembly of Georgia, a Bill to amend the charter of the City of West

Page 2770

Point, Georgia, so as to authorize the Governing Authority to dispose of certain real property which is not being used for road purposes, to repeal conflicting laws, and for other purposes. This 12th day of January, 1971. /s/ Crawford Ware Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Crawford Ware who, on oath, deposes and says that he is Representative from the 30th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County, on the following dates: January 15, 22, and 29, 1971. /s/ J. Crawford Ware Representative, 30th District Sworn to and subscribed before me this 15 day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission expires Dec. 16, 1974. (Seal). Approved March 31, 1971. CITY OF WEST POINTCHARTER AMENDED. No. 280 (House Bill No. 580). An Act to amend an Act creating a new charter for the City of West Point, Georgia, approved December 31, 1900

Page 2771

(Ga. L. 1900, p. 474), as amended, particularly by an Act approved August 14, 1912 (Ga. L. 1912, p. 1549), an Act approved August 17, 1912 (Ga. L. 1912, p. 1544), and an Act approved March 26, 1935 (Ga. L. 1935, p. 1229), so as to increase the maximum penalties which may be prescribed for the violation of city ordinances; to increase the penalties which may be imposed in and by the Mayor's Court; to provide for all matters relative thereto; 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 West Point, Georgia, approved December 13, 1900 (Ga. L. 1900, p. 474), as amended, particularly by an Act approved August 14, 1912 (Ga. L. 1912, p. 1549), an Act approved August 17, 1912 (Ga. L. 1912, p. 1544), and an Act approved March 26, 1935 (Ga. L. 1935, p. 1229), is hereby amended by striking from section 13 the following, wherever the same shall appear: 180 days, and by inserting in lieu thereof the following: 12 months, and by striking therefrom the following: $200.00, and by inserting in lieu thereof the following: $500.00, so that when so amended section 13 shall read as follows: Section 13. There shall be a Mayor's Court in said City for the trial of all offenders against the laws and ordinances of said City to be held by the Mayor in the Council Chamber of said City as often as necessary. In the absence or disqualification of the Mayor, the Mayor Pro Tem shall

Page 2772

hold said court, and in the absence or disqualification of the Mayor and Mayor Pro Tem any one of the Aldermen may hold said court. The said court shall have the power to preserve order and compel the attendance of witnesses, punish for contempt by imprisonment not exceeding 10 days or fine not exceeding $10.00, or both. The Mayor shall have full power and authority, upon conviction, to sentence any offenders to labor on the streets or other public works of said City for a period not exceeding 12 months or to impose a fine not exceeding $500.00 or to sentence said offenders to be confined and imprisoned in the guard house or other places of confinement in said City for a period not exceeding 12 months, either one or more or all of said penalties may be imposed in the discretion of the Mayor. Mayor's court. Provided that said Mayor's Court may be presided over by a Recorder appointed by the Mayor and Council of the City of West Point; and the office of Recorder is hereby created and the Mayor of the City of West Point and the Clerk thereof shall be eligible to election or appointment to the said office. The salary of said Recorder to be fixed in whatever sum as the Mayor and Council may determine. Section 2 . Said Act is further amended by striking section 43 in its entirety and inserting in lieu thereof a new section 43, to read as follows: Section 43. Said Mayor and Aldermen shall have full power and authority to prescribe by ordinances adequate penalties for all offenses against the ordinances of said City, in ways hereinbefore provided for, and to punish offenses by fines not exceeding $500.00 or imprisonment in the City jail not exceeding 12 months for each offense, or both, to enforce the payment of fines, to compel offenders and those who refuse to pay said fines to work on the streets or public works of said City. They shall have power to compel offenders sentenced to imprisonment in the City jail, as aforesaid, to labor on public works or on the streets to be regulated by ordinance. Penalties. Section 3 . This Act shall become effective on the first day of the month following the month in which it is approved

Page 2773

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 January 1971 Session of the General Assembly of Georgia, a Bill to amend the charter of the City of West Point, Georgia, so as to authorize the Mayor's Court to impose penalties for the violation of City Ordinances in the form of fines not to exceed Five Hundred ($500.00) Dollars, and imprisonment not to exceed three hundred sixty five (365) days, to repeal conflicting laws, and for other purposes. This 12th day of January, 1971. /s/ Crawford Ware Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Crawford Ware who, on oath, deposes and says that he is Representative from the 30th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County, on the following dates: January 15, 22, and 29, 1971. /s/ J. Crawford Ware Representative, 30th District Sworn to and subscribed before me this 15 day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission expires Dec. 16, 1974. (Seal). Approved March 31, 1971.

Page 2774

CHATTOOGA COUNTYCOMMISSIONER'S COMPENSATION CHANGED, ETC. No. 281 (House Bill No. 611). An Act to amend an Act creating the office of Commissioner of Chattooga County, approved March 6, 1956 (Ga. L. 1956, p. 2899), as amended, so as to change the compensation of the Commissioner; to provide for periodic increases in compensation; to change the 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 Chattooga County, approved March 6, 1956 (Ga. L. 1956, p. 2899), 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. (a) The Commissioner shall be compensated in the amount of $10,000.00 per annum, to be paid in equal monthly installments from the funds of Chattooga County, and the Commissioner shall devote his full time to the duties of his office. He shall also be reimbursed for his actual expenses incurred in connection with the performance of his duties outside Chattooga County, which shall include reimbursement for expenses incurred at attendance upon meetings of the County Commissioners Association. (b) Effective with the term of office beginning January 1, 1973, the compensation provided in subsection (a) of this section shall be increased in the amount of $800.00 per annum at the beginning of each new four year term of office, when the incumbent Commissioner is reelected, for a maximum of 5 four year terms or a maximum salary of $14,000.00 per annum. When a new Commissioner is elected, he shall receive the same compensation, for his first four year term of office, that the Commissioner whom he

Page 2775

succeeded was receiving, and, thereafter, any such Commissioner shall be subject to the periodic increases provided for herein up to the maximum compensation of $14,000.00 per annum. Salary. Section 2 . Said Act is further amended by striking from section 6 the figure $4,000.00 and inserting in lieu thereof the figure $4,500.00, 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 $4,500.00 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 3 . Said Act is further amended by striking from section 7 the figure $5,800.00 and inserting in lieu thereof the figure $6,300.00, 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 the compensation therefor, but not to exceed the sum of $6,300.00 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 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 1971 Session of the General Assembly of Georgia,

Page 2776

a bill to change the compensation of the Commissioner of Roads and Revenue of Chattooga County; to change the compensation of the clerk of the Commissioner; to change the compensation of the Warden of the Chattooga County Public Works Camp; and for other purposes. This 11th day of January, 1971. James H. 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 14, 21, 28, 1971. /s/ James H. Floyd Representative, 7th District Sworn to and subscribed before me this 15th day of February, 1971. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission expires Oct. 10, 1972. (Seal). Approved March 31, 1971. CHATTOOGA COUNTYCOMPENSATION OF CLERK CHANGED, ETC. No. 282 (House Bill No. 612). An Act to amend an Act placing the Clerk of the Superior Court of Chattooga County on a salary basis, approved

Page 2777

March 18, 1964 (Ga. L. 1964, p. 2991), as amended, so as to change the compensation of said Clerk; to provide for periodic increases in said compensation; to change the maximum compensation that may be paid to the deputy 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 Chattooga County on a salary basis, approved March 18, 1964 (Ga. L. 1964, p. 2991), as amended, 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. (a) The compensation of the Clerk of the Superior Court of Chattooga County is hereby placed on a salary basis in lieu of a fee basis. The Clerk shall be compensated in the amount of ten thousand dollars ($10,000.00) per annum, to be paid in equal monthly installments, from the funds of Chattooga County. Such compensation shall be paid in lieu of all fees, costs, and other perquisites of whatever kind as are now or may hereafter be allowed by law to be received or collected by the Clerk, including those fees, costs, fines and other emoluments received by the Clerk in his capacity as ex-officio Clerk of the State Court of Chattooga County. All fees, costs 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 Chattooga County, and shall be the property of Chattooga County. Such funds shall be held as public funds, belonging to Chattooga County, and shall be accounted for and paid to the fiscal authority of Chattooga County by the fifteenth day of every month for the immediately preceding month. Salary. (b) Effective with the term of office beginning January 1, 1973, the compensation provided in subsection (a) of this section shall be increased in the amount of $800.00 per annum at the beginning of each new four year term of office, when the incumbent Clerk is reelected, for a maximum of 5 four year terms or a maximum salary of

Page 2778

$14,000.00 per annum. When a new Clerk is elected, he shall receive the same compensation, for his first four year term of office, that the Clerk whom he succeeded was receiving, and, thereafter, any such Clerk shall be subject to the periodic increases provided for herein up to the maximum compensation of $14,000.00 per annum. Section 2 . Said Act is further amended by striking from section 2 the following: four thousand dollars ($4,000.00), and inserting in lieu thereof the following: four thousand five hundred dollars ($4,500.00), 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 five hundred dollars ($4,500.00) 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. Deputy 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 1971 Session of the General Assembly of Georgia,

Page 2779

a bill to change the compensation of the Clerk of the Superior Court of Chattooga County and certain other employees of the Clerk's office; and for other purposes. This 11th day of January, 1971. James H. 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 14, 21, 28, 1971. /s/ James H. Floyd Representative, 7th District Sworn to and subscribed before me this 16th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission expires Dec. 16, 1974. (Seal). Approved March 31, 1971. CHATTOOGA COUNTYCOMPENSATION OF ORDINARY CHANGED, ETC. No. 283 (House Bill No. 613). An Act to amend an Act placing the Ordinary of Chattooga County on a salary basis, approved April 5, 1961 (Ga.

Page 2780

L. 1961, p. 3491), as amended, so as to change the compensation of the Ordinary; to provide for periodic increases in said compensation; 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, 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. (a) The Ordinary of Chattooga County shall receive a salary of $8,000.00 per annum, payable in equal monthly installments from the funds of Chattooga County. Salary. (b) Effective with the term of office beginning January 1, 1973, the compensation provided in subsection (a) of this section shall be increased in the amount of $800.00 per annum at the beginning of each new four year term of office, when the incumbent Ordinary is reelected, for a maximum of 5 four year terms or a maximum salary of $12,000.00 per annum. When a new Ordinary is elected, he shall receive the same compensation, for his first four year term of office, that the Ordinary whom he succeeded was receiving, and, thereafter, any such Ordinary shall be subject to the periodic increases provided for herein up to the maximum compensation of $12,000.00 per annum. Section 2 . Said Act is further amended by striking from section 3 the following: two thousand eight hundred dollars ($2,800.00), and inserting in lieu thereof the following: three thousand eight hundred dollars ($3,800.00), so that when so amended section 3 shall read as follows:

Page 2781

Section 3. The Ordinary may appoint such clerical help as he deems necessary. However, not more than three thousand eight hundred dollars ($3,800.00) per annum shall be expended by the county for the compensation of all such employees. Clerical help. 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 1971 Session of the General Assembly of Georgia, a bill to change the compensation of the Ordinary of Chattooga County and certain other employees of his office; and for other purposes. This 11th day of January, 1971. James H. 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 14, 21, 28, 1971. /s/ James H. Floyd Representative, 7th District

Page 2782

Sworn to and subscribed before me, this 16th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 31, 1971. CHATTOOGA COUNTYCOMPENSATION OF SHERIFF INCREASED, ETC. No. 284 (House Bill No. 614). An Act to amend an Act placing the Sheriff of Chattooga County upon an annual salary, approved March 18, 1964 (Ga. L. 1964, p. 2996), as amended, so as to change the compensation of the Sheriff; to provide for periodic increases in said compensation; to change the compensation of the deputies and the jailer; 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 Chattooga County upon an annual salary, approved March 18, 1964 (Ga. L. 1964, p. 2996), as amended, 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. (a) The compensation of the Sheriff of Chattooga County is hereby placed on a salary basis in lieu of a fee basis. The Sheriff shall be compensated in the amount of ten thousand dollars ($10,000.00) per annum, to be paid in equal monthly installments from the funds of Chattooga County. Such compensation shall be paid in lieu of all fees, costs, fines, and perquisites of whatever kind

Page 2783

heretofore received by the Sheriff. All fees, costs, fines and other perquisites of whatever kind as are now or may hereafter be allowed by law to be received or collected by the Sheriff shall be collected by him for the sole use of Chattooga County and shall be the property of Chattooga County. Such funds shall be held as public funds belonging to Chattooga County, and shall be accounted for and paid to the fiscal authority of Chattooga County by the fifteenth day of every month for the immediately preceding month. Any funds which the Sheriff receives for his part in seizing any vehicles or any other equipment declared contraband under the laws of this State, shall likewise be the funds of the county and shall be handled in the same manner as any other funds provided for herein for Chattooga County. Salary. (b) Effective with the term of office beginning January 1, 1973, the compensation provided in subsection (a) of this Section shall be increased in the amount of $800.00 per annum at the beginning of each new four year term of office, when the incumbent Sheriff is reelected, for a maximum of 5 four year terms or a maximum salary of $14,000.00 per annum. When a new Sheriff is elected, he shall receive the same compensation, for his first four year term of office, that the Sheriff whom he succeeded was receiving, and, thereafter, any such Sheriff shall be subject to the periodic increases provided for herein up to the maximum compensation of $14,000.00 per annum. Section 2 . Said Act is further amended by striking from section 2 the figures, $6,000, $5,600 and $4,800 and inserting in lieu thereof the figures, $6,500, $6,100 and $5,300, respectively, so that when so amended section 2 shall read as follows: Section 2. The Sheriff shall be authorized to appoint one chief deputy to assist him in the performance of his duties and fix the compensation of such deputy not to exceed $6,500 per annum, which compensation shall be paid in equal monthly installments from the funds of Chattooga County. He shall also be authorized to employ three additional deputies and fix their compensation at a figure

Page 2784

not to exceed $6,100 per annum for each deputy, which compensation shall be paid in equal monthly installments from the funds of Chattooga County. He is also authorized to employ a jailer and fix his compensation at a figure not to exceed $5,300 per annum, which compensation shall be paid in equal monthly installments from the funds of Chattooga County. Said jailer shall act as clerk for the Sheriff's office and shall keep complete, adequate and current records for said office and shall submit such records to the governing authority of Chattooga County on a monthly basis. Chief deputy. 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 1971 Session of the General Assembly of Georgia, a bill to change the compensation of the sheriff of Chattooga County and certain other employees of his office; and for other purposes. This 11th day of January, 1971. James H. 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

Page 2785

Chattooga County, on the following dates: January 14, 21, 28, 1971. /s/ James H. Floyd Representative, 7th District Sworn to and subscribed before me, this 16th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 31, 1971. STATE COURT OF CHATTOOGACOMPENSATION OF JUDGE AND SOLICITOR CHANGED. No. 285 (House Bill No. 615). An Act creating the State Court of Chattooga, approved March 10, 1941 (Ga. L. 1941, p. 621), as amended, 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 the State Court of Chattooga, approved March 10, 1941 (Ga. L. 1941, p. 621), 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. That there shall be a Judge of said Court, who shall be elected by the qualified voters of said County of Chattooga, who shall hold his office for a term of four

Page 2786

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 Court shall receive a salary of $5,800.00 per annum, and which shall be paid monthly by the Treasurer of the County of Chattooga or other officer having charge of County funds, and it shall be the duty of the Commissioner of said County, or other proper officers, to make provision annually in levying taxes for this purpose. The Judge may practice law in any court except his own. Said annual salary of said Judge shall be paid in equal monthly installments. Judge. Section 2 . Said Act is further amended by striking section 4E in its entirety and substituting in lieu thereof a new section 4E to read as follows: Section 4E. The Solicitor of said Court shall receive a salary of $5,200.00 per annum, which shall not be diminished during his term in office, and it shall be paid in equal monthly installments by the Treasurer of Chattooga County, and it shall be the duty of the Commissioner of said County, or other proper officers to make provisions annually for this purpose. The Solicitor shall receive no other compensation, but may practice law in any court except criminal practice in his own Court. Solicitor. 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 2787

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1971 Session of the General Assembly of Georgia, a bill to change the compensation of the Judge and Solicitor of the State Court of Chattooga County; and for other purposes. This 11th day of January, 1971. James H. 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 14, 21, 28, 1971. /s/ James H. Floyd Representative, 7th District Sworn to and subscribed before me, this 16th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 31, 1971.

Page 2788

CHATTOOGA COUNTYCOMPENSATION OF TAX COMMISSIONER CHANGED, ETC. No. 286 (House Bill No. 617). An Act to amend an Act creating the office of Tax Commissioner of Chattooga County, approved March 21, 1968 (Ga. L. 1968, p. 2492), as amended, so as to change the compensation of the Tax Commissioner; to provide for periodic increases in said compensation; to change the compensation of the deputy 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 Chattooga County, approved March 21, 1968 (Ga. L. 1968, p. 2492), as amended, is hereby amended by striking section 3 in its entirety and substituting in lieu thereof a new section 3 to read as follows: Section 3. (a) The Tax Commissioner of Chattooga County shall receive for his services as such, an annual salary of $10,000.00, payable in equal monthly installments from the funds of Chattooga County. Such compensation shall be paid in lieu of all fees, costs, fines, and perquisites of whatever kind heretofore received by the tax collector. All fees, costs, fines and other perquisites of whatever kind as are now or may hereafter be allowed by law to be received or collected by the Tax Commissioner shall be collected by him for the sole use of Chattooga County and shall be the property of Chattooga County. Such funds shall be held as public funds belonging to Chattooga County, and shall be accounted for and paid to the fiscal authority of Chattooga County by the fifteenth day of every month for the immediately preceding month. It is specifically provided that the Tax Commissioner of Chattooga County shall not be entitled to receive those commissions for his services in collecting taxes in excess of a certain percentage of the taxes according to the net tax digest as is provided for in an Act approved January 17, 1938 (Ga.

Page 2789

Laws 1937-38, Ex. Sess., p. 297), as amended. It is further provided that the Tax Commissioner of Chattooga County shall not be entitled to receive those commissions allowed by an Act approved March 9, 1955 (Ga. Laws 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 Commissioner. Tax commissioner. (b) Effective with the term of office beginning January 1, 1973, the compensation provided in subsection (a) of this Section shall be increased in the amount of $800.00 per annum at the beginning of each new four year term of office, when the incumbent Tax Commissioner is reelected, for a maximum of 5 four year terms or a maximum salary of $14,000.00 per annum. When a new Tax Commissioner is elected, he shall receive the same compensation, for his first four year term of office, that the Tax Commissioner whom he succeeded was receiving, and, thereafter, any such Tax Commissioner shall be subject to the periodic increases provided for herein up to the maximum compensation of $14,000.00 per annum. Section 2 . Said Act is further amended by striking from section 4 the following: four thousand dollars ($4,000.00), and inserting in lieu thereof the following: four thousand five hundred dollars ($4,500.00), 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, five hundred dollars ($4,500.00) per annum, payable in equal monthly installments from the funds of Chattooga County. The Tax Commissioner is authorized to employ such additional personnel to assit

Page 2790

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 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. 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 1971 Session of the General Assembly of Georgia, a bill to change the compensation of the tax commissioner of Chattooga County and certain other employees of his office; and for other purposes. This 11th day of January, 1971. James H. 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

Page 2791

Chattooga County, on the following dates: January 14, 21, 28, 1971. /s/ James H. Floyd Representative, 7th District Sworn to and subscribed before me, this 16th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 31, 1971. CHEROKEE COUNTYCOMPENSATION OF DEPUTIES AND CLERICAL ASSISTANTS CHANGED, ETC. No. 287 (House Bill No. 657). 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), an Act approved April 4, 1967 (Ga. L. 1967, p. 2620), an Act approved April 17, 1969 (Ga. L. 1969, p. 2821), and by an Act approved February 26, 1970 (Ga. L. 1970, p. 2145), so as to change the provisions relative to the compensation of the deputies and clerical assistants of said officers; to provide for the training of the sheriff's deputies; to change the provisions relative to the amount paid to the sheriff

Page 2792

for feeding prisoners; to provide for all matters 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 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), an Act approved April 4, 1967 (Ga. L. 1967, p. 2620), an Act approved April 17, 1969 (Ga. L. 1969, p. 2821), and by an Act approved February 26, 1970 (Ga. L. 1970, p. 2145), is hereby amended by redesignating subsection (b) of section 2 as subsection (e) and by striking subsection (a) of section 2 in its entirety and substituting in lieu thereof four subsections to be designated subsections (a), (b), (c) and (d) and to read as follows: (a) The sheriff of Cherokee County shall be compensated in the amount of $12,000.00 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 $6,300.00 per annum, one who shall be compensated in the amount of $5,800.00 per annum and two who shall be compensated in the amount of $5,400.00 each per annum, all to be paid in equal monthly installments from the funds of Cherokee County. (b) The sheriff shall require each of his deputies, by not later than July 1, 1972, to complete the training program prescribed by the Georgia Police Academy Board pursuant to the provisions of an Act known as the `Georgia Police Academy Act', approved March 3, 1962 (Ga. L.

Page 2793

1962, p. 535), as now or hereafter amended. The necessary expenses incurred by the sheriff's office and said deputies in completing said training program shall be paid from the funds of Cherokee County. (c) The sheriff shall be authorized to appoint one office clerk who shall be compensated in equal monthly installments from the funds of Cherokee County in accordance with the following salary schedule: (1) For a new employee, the beginning salary shall not exceed $3,600.00 per annum. (2) For an employee with one year of satisfactory service, the salary shall not exceed $4,200.00 per annum. (3) For an employee with two years of satisfactory service, the salary shall not exceed $4,600.00 per annum. (4) For an employee with three years of satisfactory service, the salary shall not exceed $4,800.00 per annum. (5) For an employee with four years of satisfactory service, the salary shall not exceed $5,000.00 per annum. (6) For an employee with five years of satisfactory service, the salary shall not exceed $5,200.00 per annum. The sheriff shall also be authorized to employ one night jailer at a salary not to exceed $3,600.00 per annum payable in equal monthly installments from the funds of Cherokee County. (d)) A maximum of five automobiles shall be furnished to the sheriff's office and the cost of said automobiles and equipment, maintenance and operating expenses therefor shall be paid from the funds of Cherokee County. Said automobiles shall be traded at 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, the amount of $1.00 for each meal fed to each such prisoner. 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. (a) The clerk of the superior court shall be compensated in the amount of $12,000.00 per annum, to be paid in equal monthly installments from the funds of

Page 2794

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. (b) The clerk shall be authorized to employ one deputy and two clerical assistants who shall be compensated in equal monthly installments from the funds of Cherokee County in accordance with the same salary schedule provided for the office clerk of the sheriff in subsection (c) of section 2 of this Act. When a clerical assistant accumulates the necessary experience and knowledge, the clerk, at his discretion, may designate such clerical assistant as a deputy clerk, and if so designated, said deputy shall be bonded as provided by law. One of said clerical assistants may be employed on a full-time or part-time basis, at the discretion of the clerk. Section 3 . 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 three full-time assistants who shall be compensated in equal monthly installments from the funds of Cherokee County in accordance with the same salary schedule provided for the office clerk of the sheriff in subsection (c) of section 2 of this Act. 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 legislation will be introduced at the regular 1971 session of the General Assembly of Georgia, a bill to authorize the Sheriff of Cherokee County to employ additional deputies and to provide for their compensation; and for other purposes.

Page 2795

This 11th day of January, 1971. Andy Roach, Representative, 10th District, Post 3. 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: January 14, 21 and 28, 1971. /s/ Thomas A. Roach Representative, 10th District Sworn to and subscribed before me, this 16th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. Approved March 31, 1971. TIFT COUNTYELECTION OF CHAIRMAN OF THE BOARD OF COMMISSIONERS, ETC.REFERENDUM. No. 288 (House Bill No. 733). An Act to amend an Act creating a board of commissioners of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, so as to provide for the election of the chairman of the board of commissioners by the voters of Tift County for terms of four years; to provide

Page 2796

for filling vacancies in the office of chairman; 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 . An Act creating a board of commissioners of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), 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. For the purpose of this Act and for the purpose of the election of members of the board of commissioners of roads and revenues, Tift County is hereby divided into five (5) commissioner districts to be constituted and designated as follows: Districts. `Commissioner district number 1 shall be composed of that portion of Tift County embracing and known as the Tifton and Eldorado militia districts.' `Commissioner district number 2 shall be composed of that portion of Tift County embracing and known as the Chula, Brighton, and Brookfield militia districts.' `Commissioner district number 3 shall be composed of the entire County of Tift.' `Commissioner district number 4 shall be composed of that portion of Tift County embracing and known as the Tifton militia district.' `Commissioner district number 5 shall be composed of that portion of Tift County embracing and known as the Ty Ty, Dosia, and Omega militia districts.' Section 2 . Said Act is further amended by adding a new section between sections 4 and 5 to be designated section 4A and to read as follows:

Page 2797

Section 4A. (a) The chairman of the board of commissioners of Tift County shall be the commissioner elected from commissioner district number 3. The first such chairman shall be elected at the general election held in 1972 and shall take office on January 1, 1973, for a term of four years and until his successor is elected and qualified as provided in section 4 of this Act. Terms. (b) The chairman of the board of commissioners shall be compensated in the amount of $9,000.00 per annum payable in equal monthly installments from the funds of Tift County. Salary. Section 3 . Said Act is further amended by striking Sections 9(a) and 9(b) in their entirety and substituting in lieu thereof two new sections to be designated section 9 and section 9A and to read as follows: Section 9. (a) 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. (b) Subject to the provisions for bid purchasing, the chairman of the board shall be the sole purchasing agent for the County of Tift, and no contracts for the payment of materials or supplies for any office or 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. Purchasing agent. (c) 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 minute book kept for such purposes, a book of receipts and disbursements, a general ledger, and a warrant

Page 2798

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 papers necessary to show a complete record of all the transactions of said county. Rules. Section 9A. (a) At its regular January meeting in each odd-numbered year, the board shall elect by a majority vote from its membership a vice chairman for a term beginning with the date of his election and ending on the date his successor is elected as provided herein. Vice chairman. 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 provided for hereinafter. 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 he is unable to perform the duties of the chairman for a period of four days or upon the said chairman's being away 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. (b) In the event the office of chairman of the Board of Commissioners becomes vacant by death, resignation or otherwise, the vice chairman shall assume the full duties of the office of chairman for the unexpired term of the chairman if said unexpired term is two years or less. If the unexpired term is more than two years, the vice chairman

Page 2799

shall assume the full duties of the office of chairman until the next general election at which time said vacancy shall be filled by electing a chairman for the unexpired term. Vacancy. (c) The vice chairman shall be compensated in the amount of $1,800.00 per annum payable in equal monthly installments from the funds of Tift County. Section 4 . Within 10 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 Tift County to issue the call for an election for the purpose of submitting this Act to the voters of said County for approval or rejection. The Ordinary shall set the date of such election for a day not less than 30 nor more than 120 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 Tift County. The ballot shall have written or printed thereon the words: YES () NO () To amend an Act creating the Board of Commissioners of Tift County so as to provide for the election of the Chairman of said Commission by the voters of Tift County. Not to amend an Act creating the Board of Commissioners of Tift County so that the Chairman of said Commission shall continue to be appointed by the Grand Jury of said county. Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Tift 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

Page 2800

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 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, 1971 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 so as to provide for the election of the chairman of said Board of Commissioners by the voters of Tift County, Georgia; and to provide for the election of successors to such office and the filling of vacancies in such office; to provide for a referendum; and for other purposes. 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: February 6, 13 and 20, 1971. /s/ Henry Bostick Representative, 63rd District Sworn to and subscribed before me, this 18th day of February 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 31, 1971.

Page 2801

CITY OF HOGANSVILLECHARTER AMENDED. No. 289 (House Bill No. 982). An Act to amend an Act creating a new charter for the City of Hogansville, in the County of Troup, approved March 12, 1941 (Ga. L. 1941, p. 1501), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 2827), and by an Act approved March 6, 1956 (Ga. L. 1956, p. 3078), and by an Act approved February 13, 1962 (Ga. L. 1962, p. 2088), so as to extend the corporate limits of the City; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the City of Hogansville, approved March 12 1941 (Ga. L. 1941, p. 1505), as amended particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 2827), by an Act approved March 6, 1956 (Ga. L. 1956, p. 3078), and by an Act approved February 13, 1962 (Ga. L. 1962, p. 2088), is hereby amended by adding at the end of section 3 (a) a new section to be known as section 3 (b), and to read as follows: Section 3 (b). All that tract or parcel of land containing 422.824 acres, more or less, in Land Lots 128 and 129 of the 11th Land District, and Land Lots 8 and 9 of the 12th Land District of Troup County, Georgia more particularly described as follows: Beginning at an iron pin marking the point of intersection of the South line of the existing city limits of the City of Hogansville and the West line of the right-of-way of U. S. Highway Number 29, and running thence in a Westerly direction for a distance of 346.60 feet to an iron pin; thence in a Southerly direction for a distance of 175.00 feet to an iron pin; thence in a Westerly direction for a distance of 90 feet to an iron pin; thence in a Southerly direction for a distance of 1530.72 feet to an iron pin; thence in an Easterly direction for a distance of 642.24 feet to an iron pin on the East right-of-way line of a county

Page 2802

road, which is an extension of Oak Street; thence in a Southwesterly direction following the curvature of such county road for a distance of 846.67 feet to an iron pin; thence in a Southwesterly direction along the Eastern right-of-way line of said county road for a distance of 1647.41 feet to an iron pin marking the point of intersection of the East right-of-way line of said county road and the South line of Land Lot Number 8 of the 12th Land District of Troup County, Georgia; thence in an Easterly direction along the South line of Land Lot Number 8 for a distance of 1718.62 feet to an iron pin marking the Southeastern corner of Land Lot Number 8, which is also on the line dividing the 11th and 12th Land Districts in Troup County, Georgia and which is also the Western line of Land Lot 129 of the 11th Land District of Troup County, Georgia; thence in a Southerly direction along the Western line of Land Lot 129 for a distance of 58.07 feet to an iron pin marking the Southwest corner of Land Lot Number 129; thence in an Easterly direction along the Southern line of Land Lot Number 129 for a distance of 2873 feet to the point of intersection of the South line of Land Lot Number 129 with the West right-of-way line of the Mountville-Hogansville Public Road; thence in a Northerly direction along the right-of-way line of the Mountville-Hogansville Public Road for a distance of 4972.26 feet to the point of intersection of the West margin of the Mountville-Hogansville Public Road as extended to the North margin of Boyd Road, which point is also on the existing city limit line of the City of Hogansville; thence in a Westerly direction along the Northern right-of-way line of Boyd Road and the existing city limit line for a distance of 96.75 feet to a concrete monument; thence in a Southern direction for a distance of 704.0 feet along the existing city limit line of the City of Hogansville to a point; thence in a Westernly direction along the existing Southern line of the Hogansville city limits line for a distance of 4019 feet to a point on the Western right-of-way line of U. S. Highway Number 29, which is the point of beginning. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2803

Georgia, Troup County. Personally before the undersigned officer, duly authorized to administer oaths, appeared 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, as follows: Notice of Intention to Introduce Local Legislation. Notice is hereby given that local legislation will be introduced at the 1971 Regular Session of the General Assembly of Georgia to amend the Charter of the City of Hogansville so as to extend the corporate limits as now defined to include certain property located on the South side of and adjacent to the existing corporate limits. This the 12th day of February, 1971. Mayor and Council of Hogansville /s/ James R. Lewis City Attorney was duly published in said newspaper on the dates of February 13, February 20, and February 27, 1971. /s/ Glen O. Long, Publisher LaGrange Daily News Sworn to and subscribed before me, on this the 1st day of March, 1971. /s/ Sue K. Whatley Notary Public, Troup County, Georgia. My Commission Expires March 6, 1972. (Seal). Approved March 31, 1971.

Page 2804

CITY OF SHILOHCHARTER AMENDEDREFERENDUM. No. 291 (House Bill No. 1022). An Act to amend an Act creating and incorporating the City of Shiloh, in Harris County Georgia, and granting a charter to that municipality, approved February 14, 1961 (Ga. L. 1961, p. 2045), so as to change the corporate limits of said city; to change the term of office of the mayor and councilmen; to provide for initial and regular terms of the mayor and councilmen; to provide that a majority vote shall be required in all elections of the mayor and council; to provide for runoff elections; to provide for all matters relative thereto; 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 and incorporating the City of Shiloh, in Harris County, Georgia, and granting a charter to that municipality, approved February 14, 1961 (Ga. L. 1961, p. 2045), 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 boundaries or corporate limits of said City shall be and are defined as follows: `All that territory and inhabitants thereof embraced and contained within Land Lots No. 294, 283, 258, 247, 222 and Land Lot 257 except for 5 acres more or less belonging to A. H. Faulkner and containing a dwelling, and more particularly described as follows: Beginning at an iron pin on the southerly edge of the right-of-way line of the Shiloh-Kings Gap Road; thence running South 8 degrees 00 minutes West to a distance of 510 feet, more or less, to an iron pin; thence running South 82 degrees 00 minutes East a distance of 510 feet, more or less, to an iron pin; thence running North 8 degrees 00

Page 2805

minutes East a distance of 510 feet to an iron pin on the southerly right-of-way of the Shiloh-Kings Gap Road; thence running along the southern edge of the Shiloh-Kings Gap Road in a generally westerly direction to the point of beginning; all James McDaniel's property lying in Land Lot 248 above Highway 116 and East of Primitive Baptist Church; and that section of Land Lot 113 belonging to Henry A. Grant East of Highway 85W, containing a dwelling, more particularly described as follows: Beginning at a point on the present East right-of-way line of Highway 85, said point being the south line of Land Lot No. 113, and continuing northward along the same for a distance of 358.6 feet to the point where the present South Bank of a small creek intersects the right-of-way of said highway, thence along the South Bank of said creek in a southeasterly direction for a distance of 367.2 feet to the point where the South Bank of said stream intersects the south line of Land Lot 113, thence west along the south line of Land Lot 113 a distance of 118 feet. Being the lands belonging to Henry A. Grant and containing two acres more or less and a residence.' Section 2 . Said Act is further amended by inserting at the end of section 5 the following: For the purpose of conducting elections for members of the council there are hereby four posts, to be numbered Post No. 1, Post No. 2, Post No. 3 and Post No. 4. At the municipal election to be held on the second Saturday in November 1971, there shall be elected a mayor and four councilmen. The mayor and the councilmen elected to Post No. 2 and Post No. 4 shall serve for an initial term of office of two years and until their respective successors are duly elected and qualified. The councilmen elected to Post No. 1 and Post No. 3 shall be elected for an initial term of office of one year and until their respective successors are duly elected and qualified. Thereafter the term of office for the mayor and all members of the countil shall be for two years and until their respective successors are duly elected and qualified. Any person qualifying for election to membership on the council shall specify, at the time he qualifies,

Page 2806

the post for which he seeks election and shall seek election only to the post so specified. A majority vote shall be required for the election of the mayor and each member of the council. In the event that a candidate for any particular office does not receive a majority vote, a runoff election shall be held under the same provisions and in the same manner as a special election is called and conducted under Section 10., so that, when so amended, section 5 shall read as follows: Section 5. That on the second Saturday in November, 1961, and annually thereafter, on the same day in the same month, an election shall be held in said city for mayor and councilmen, said election to be held under such supervision, rules and regulations as the council may prescribe. For the purpose of conducting elections for members of the council there are hereby created four posts, to be numbered Post No. 1, Post No. 2, Post No. 3 and Post No. 4. At the municipal election to be held on the second Saturday in November, 1971, there shall be elected a mayor and four councilmen. The mayor and the councilmen elected to Post No. 2 and Post No. 4 shall serve for an initial term of office of two years and until their respective successors are duly elected and qualified. The councilmen elected to Post No. 1 and Post No. 3 shall be elected for an initial term of office of one year and until their successors are duly elected and qualified. Thereafter the term of office for the mayor and all members of the council shall be for two years and until their respective successors are duly elected and qualified. Any person qualifying for election to membership on the council shall specify at the time he qualifies the post for which he seeks election and shall seek election only to the post so specified. A majority vote shall be required for the election of the mayor and each member of the council. In the event that a candidate for any particular office does not receive a majority vote a runoff election shall be held under the same provisions and in the same manner as a special election is called and conducted under section 10. Section 3 . Not less than 30 nor more than 45 days after the date of the approval of this Act by the Governor, or

Page 2807

after it otherwise becomes law, it shall be the duty of the governing authority of the City of Shiloh to issue the call for an election for the purpose of submitting this Act to the voters of said city for approval or rejection. The governing authority 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 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 Harris County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act changing the corporate limits of the City of Shiloh and changing the terms of office of the mayor and councilmen and providing for a majority vote therefor be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Shiloh. 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. 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 1971 Session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of Shiloh, approved February 14, 1961, (Ga. L. 1961, p. 2045), to

Page 2808

provide that the Mayor and the City Council members shall be elected for two year terms by posts; to provide that terms of the Council be staggered; to establish Council post; to provide that the Mayor and Council shall be elected by majority of those voting; to provide for runoff elections; to change the corporate city limits of said city; to provide for a referendum; and for other purposes. This the 9th day of February, 1971. Harry McClure, Mayor Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 11, 18 and 25, 1971. /s/ W. Randolph Phillips Representative, 38th District Sworn to and subscribed before me, this 3rd day of March, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 31, 1971.

Page 2809

DODGE COUNTYCOMPENSATION FOR ADDITIONAL DEPUTY SHERIFF CHANGED, ETC. No. 292 (House Bill No. 1029). 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), as amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 3424), an Act approved April 9, 1963 (Ga. L. 1963, p. 3237), an Act approved February 28, 1967, (Ga. L. 1967, p. 2072), and an Act approved April 23, 1969 (Ga. L. 1969, p. 3282), so as 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; 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), as amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 3424), an Act approved April 9, 1963 (Ga. L. 1963, p. 3237), an Act approved February 28, 1967 (Ga. L. 1967, p. 2072), and an Act approved April 23, 1969 (Ga. L. 1969, p. 3282), is hereby amended by striking from section 5 the words and figures a minimum of Three Thousand Dollars ($3,000.00) and a maximum of Three Thousand Six Hundred Dollars ($3,600.00) and inserting in lieu thereof the words and figures a minimum of Three Thousand Six Hundred Dollars ($3,600.00) and a maximum of Four Thousand Two Hundred Dollars ($4,200.00), so that when so amended, section 5 shall read as follows:

Page 2810

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 by the Commissioner of Roads and Revenues of said county. In addition thereto the Sheriff may, with the prior approval of the Commissioner of Roads and Revenues 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 Roads and Revenues of said county, and whose salary shall be paid out of the general funds of said county by the Commissioner of Roads and Revenues of said county. In addition thereto the Sheriff may, with the prior approval of the Commissioner of Roads and Revenues 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 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 Roads and Revenues of Dodge County. Said Deputy Sheriff shall be paid an annual salary out of the general funds of said county by the Commissioner of Roads and Revenues of said County, which

Page 2811

annual salary shall be a minimum of Three Thousand Six Hundred Dollars ($3,600.00) and a maximum of Four Thousand Two Hundred Dollars ($4,200.00) as set from time to time by the Commissioner of Roads and Revenues 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 duties as such Deputy Sheriff 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 expense. Section 2 . Said Act is further amended by striking from section 6 the words and figures a minimum of Three Hundred Dollars ($300.00) per month and a maximum of Four Hundred and Five Dollars ($405.00) per month. and inserting in lieu thereof a minimum of Three Hundred Fifty Dollars ($350.00) per month and a maximum of Four Hundred Fifty-Five Dollars ($455.00) per month and also deleting the words and figures a minimum of Three Hundred Dollars ($300.00) per month and a maximum of Three Hundred Fifty Dollars ($350.00) per month and inserting in lieu thereof the words and figures a minimum of Three Hundred Fifty Dollars ($350.00) per month and a maximum of Four Hundred Dollars ($400.00) per month, so that when so amended, section 6 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 by the Commissioner of Roads and Revenues of said County, which salary shall be a minimum of Three Hundred Fifty Dollars ($350.00) per month and a maximum of Four Hundred Fifty-Five Dollars ($455.00) per month as set from time to time by the Commissioner of Roads and Revenues 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 by the Commissioner of Roads and Revenues of said county, which salary shall be a minimum of Three Hundred Fifty Dollars

Page 2812

($350.00) per month and a maximum of Four Hundred Dollars ($400.00) per month as set from time to time by the Commissioner of Roads and Revenues 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 Roads and Revenues 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. 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, 1971, Session of the General Assembly of Georgia a bill to amend an Act changing the Sheriff and Clerk of 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 allowable for the special Deputy Sheriff and to change the compensation allowable to the Deputy Clerk of the Superior Court and to the assistant or assistants in the Clerk's Office of Dodge Superior Court; and for other purposes. This 25th day of January, 1971. /s/ Guy J. Tripp Representative, Post No. 1, District No. 49 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Guy J. Tripp, 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

Page 2813

County, on the following dates: January 27, February 3, and 10, 1971. /s/ Guy J. Tripp Representative, Post No. 1, District No. 49 Sworn to and subscribed before me, this 4th day of March, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 31, 1971. DODGE COUNTYCOMPENSATION OF CLERK OF THE COMMISSIONER CHANGED. No. 293 (House Bill No. 1030). An Act to amend an Act creating the Office of Commissioner of Roads and Revenues 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), an Act approved February 28, 1967 (Ga. L. 1967, p. 2079), and an Act approved April 23, 1969 (Ga. L. 1969, p. 3290), so as to change the allowable compensation of 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, approved August

Page 2814

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), an Act approved February 28, 1967 (Ga. L. 1967, p. 2079), and an Act approved April 23, 1969 (Ga. L. 1969, p. 3290), is hereby amended by striking from section 6 the words and figures the minimum of such 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 and inserting in lieu thereof the words and figures the minimum of such annual salary shall be Three Thousand Six Hundred Dollars ($3,600.00) per year and the maximum shall be Four Thousand Nine Hundred Eighty Dollars ($4,980.00) per year 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 annual salary shall be Three Thousand Six Hundred Dollars ($3,600.00) per year and the maximum shall be Four Thousand Nine Hundred Eighty Dollars ($4,980.00) 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

Page 2815

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, 1971, 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 allowable to the clerk of the Commissioner; and for other purposes. This 25th day of January, 1971. /s/ Guy J. Tripp Representative, Post No. 1, District No. 49 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Guy J. Tripp, 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 27, February 3, and 10, 1971. /s/ Guy J. Tripp Representative, Post No. 1 District No. 49

Page 2816

Sworn to and subscribed before me, this 4th day of March, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved March 31, 1971. DODGE COUNTYCOMPENSATION OF CLERK OF THE ORDINARY CHANGED, ETC. No. 294 (House Bill No. 1031). 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), by an Act approved February 28, 1967 (Ga. L. 1967, p. 2070) and by an Act approved April 23, 1969 (Ga. L. 1969, p. 3293), so as 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), and by an Act approved April 23, 1969 (Ga. L. 1969, p. 3293), is hereby amended by striking from section 6 the words and figures 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 and

Page 2817

inserting in lieu thereof the words and figures a minimum amount of Three Thousand Six Hundred Dollars ($3,600.00) per year and a maximum amount of Four Thousand Five Hundred Dollars ($4,500.00) per year 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 Six Hundred Dollars ($3,600.00) per year, and a maximum amount of Four Thousand, Five Hundred Dollars ($4,500.00) per year, one-twelfth of such annual salary shall be paid to said Clerk at the end of each month's service. 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. 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, 1971, 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

Page 2818

the compensation allowable to the Clerk of the Ordinary; and for other purposes. This 25th day of January, 1971. Guy J. Tripp Representative Post No. 1, District No. 49 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Guy J. Tripp, who, on oath, deposes and says that he is Representative, Post 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 27, February 3, and 10, 1971. /s/ Guy J. Tripp Representative Post No. 1, District No. 49 Sworn to and subscribed before me this 4th day of March, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission expires Dec. 16, 1974. (Seal). Approved March 31, 1971. DODGE COUNTYCOMPENSATION OF CLERK AND EMPLOYEES OF TAX COMMISSIONER CHANGED. No. 295 (House Bill No. 1032). An Act to amend an Act creating the Office of the Tax Commissioner of Dodge County, approved March 24,

Page 2819

1933 (Ga. L. 1933, p. 506), as amended particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 3030), by an Act approved April 12, 1963 (Ga. L. 1963, p. 3454), by an Act approved February 28, 1967 (Ga. L. 1967, p. 2081), and by an Act approved April 23, 1969 (Ga. L. 1969, p. 3287), so as to change the allowable compensation of the Clerk and employee 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), by an Act approved April 12, 1963 (Ga. L. 1963, p. 3454), by an Act approved February 28, 1967 (Ga. L. 1967, p. 2081), and by an Act approved April 23, 1969 (Ga. L. 1969, p. 3287), is hereby amended by striking from section 5A the words 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) and inserting in lieu thereof the words and figures the minimum of which shall be Three Thousand Six Hundred Dollars ($3,600.00) and the maximum of which shall be Four Thousand Two Hundred Sixty Dollars ($4,260.00), 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 Six Hundred Dollars ($3,600.00) and the maximum of which shall be Four Thousand Two Hundred Sixty Dollars ($4,260.00) 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,

Page 2820

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. Section 2 . Said Act is further amended by striking from section 5B the words and figures the minimum of which shall be Two Hundred and Fifty Dollars ($250.00) per month and the maximum of which shall be Three Hundred Dollars ($300.00) per month and inserting in lieu thereof the words and figures the minimum of which shall be Three Hundred Dollars ($300.00) per month and the maximum of which shall be Three Hundred Fifty Dollars ($350.00) per month, so that when so amended section 5B shall read as follows: Section 5B. The Tax Commissioner of Dodge County, 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 Three Hundred Dollars ($300.00) per month and the maximum of which shall be Three Hundred Fifty Dollars ($350.00) 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 of 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. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2821

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1971 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, page 506) as amended, so as to change the allowable compensation of the Clerk and employee of the Tax Commissioner; and for other purposes. This 25th day of January, 1971. /s/ Guy J. Tripp Representative, Post No. 1, District No. 49 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Guy J. Tripp, 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 27, February 3, and 10, 1971. /s/ Guy J. Tripp Representative, Post No. 1, District No. 49 Sworn to and subscribed before me, this 4th day of March, 1971. /s/ Genevieve McKinney Notary Public (Seal). Approved March 31, 1971.

Page 2822

COBB COUNTYCLERK OF STATE COURT ENTITLED TO MEMBERSHIP IN RETIREMENT SYSTEM. No. 300 (Senate Bill No. 79). An Act to amend an Act creating the State Court of Cobb County (formerly known as the Civil and Criminal Court of Cobb County), approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 25, 1969 (Ga. L. 1969, p. 3588), so as to provide that the clerk of said court shall be entitled to membership in any retirement system created by Cobb County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the State Court of Cobb County (formerly known as the Civil and Criminal Court of Cobb County), approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 25, 1969 (Ga. L. 1969, p. 3588), is hereby amended by adding following section 23, a new section, to be numbered 23A, to read as follows: Section 23A. The clerk of said court shall be entitled to membership in any retirement system created by the governing authority of Cobb County. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 1, 1971. CLAYTON COUNTYPUBLIC NUISANCE BY ACCUMULATING JUNK, ETC. DEFINED. No. 305 (Senate Bill No. 181). An Act to declare that accumulations of junk, refuse, and discarded personalty, including vehicles, on private premises

Page 2823

in the unincorporated areas of Clayton County shall constitute a public nuisance; to provide for giving notice requiring the abatement of such a nuisance; to provide that the county may abate the nuisance by entering upon private premises where the owner of the premises fails or refuses to abate the nuisance; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Accumulations of junk, refuse and discarded personalty declared to be a public nuisance . All accumulations of junk, refuse, and discarded personalty, including motor vehicles, on private premises in the unincorporated areas of Clayton County are hereby found to be detrimental to the public health, safety and welfare, and are hereby declared to be public nuisances. Public nuisance. Section 2. Notice to abate nuisance . Upon any officer or employee of Clayton County finding that a public nuisance exists, as defined by section 1 of this Act, the officer or employee shall report such fact to the Board of Commissioners. The Board of Commissioners shall designate a person to serve notice upon the owner of the premises upon which the nuisance exists, requiring that the nuisance be abated within ten days from the date of the service of the notice. In the event that the owner of the premises is not to be found, or his address is unknown, the notice shall be mailed to the owner's last known address. In the event that the owner has no last known address, or in the event that the owner cannot be ascertained, the notice shall be posted on the premises upon which the nuisance exists. Notice. Section 3. Action by the County upon failure of the owner of the premises to abate the nuisance . At the expiration of the ten days from the date of the service of the notice provided for in section 2, if the owner of the premises has not abated the nuisance found to exist on his premises, the Board of Commissioners may direct that employees of the County enter upon the premises upon which the nuisance exists, and abate the nuisance. The cost of the abatement

Page 2824

of the nuisance by the County shall be assessed as taxes against the premises upon which the nuisance existed. Section 4. Repealer . All laws or 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, 1971 Session of the General Assembly of Georgia an Act to provide for disposition of personalty creating a nuisance; to provide for notice to owner where known; to provide for abatement of such nuisance; to provide for a penalty of maintenance of nuisance in the unincorporated areas of Clayton County, to provide for an effective date and for other purposes. This 12th day of January, 1971. John R. McCannon, County Attorney for Clayton County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell A. Starr who, on oath, deposes and says that he is Senator from the 44th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Forest Park Free Press which is the official organ of Clayton County, on the following dates: January 15, 22, and 29, 1971. /s/ Terrell A. Starr Senator, 44th District Sworn to and subscribed before me, this 11th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large My Commission Expires Dec. 16, 1974. Approved April 1, 1971.

Page 2825

GENERAL ASSEMBLYREQUIREMENTS FOR CANDIDATES SEEKING OFFICE IN COUNTIES OF CERTAIN POPULATION, ACT REPEALED. No. 306 (Senate Bill No. 182). An Act to repeal an Act requiring all candidates for the General Assembly in counties having a certain population to designate and qualify for the seats in the General Assembly from all such counties and to name their incumbent opponents, approved February 8, 1951 (Ga. L. 1951, p. 73), as amended by an Act approved February 12, 1952 (Ga. L. 1952, p. 89); 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 requiring all candidates for the General Assembly in counties having a certain population to designate and qualify for the seats in the General Assembly from all such counties and to name their incumbent opponents, approved February 8, 1951 (Ga. L. 1951, p. 73), as amended by an Act approved February 12, 1952 (Ga. L. 1952, p. 89), is hereby repealed in its entirety. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without 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, 1971 Session of the General Assembly of Georgia an Act to repeal an Act (Ga. L. 1951, p. 73, as amended), where it pertains to Clayton County; to provide an effective date and for other purposes.

Page 2826

This 12th day of January, 1971. John R. McCannon County Attorney for Clayton County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell A. Starr who, on oath, deposes and says that he is Senator from the 44th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Forest Park Free Press which is the official organ of Clayton County, on the following dates: January 15, 22, and 29, 1971. /s/ Terrell A. Starr Senator, 44th District Sworn to and subscribed before me, this 11th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. Approved April 1, 1971. ACT CONSOLIDATING OFFICES OF CLERK OF SUPERIOR AND INFERIOR COURTS IN CERTAIN COUNTIES REPEALED. No. 307 (Senate Bill No. 183). An Act to repeal an Act consolidating the offices of the clerk of the superior court and inferior court in and for certain counties; approved December 8, 1866 (Ga. L. 1866, p. 39),

Page 2827

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 the clerk of the superior court and inferior court in and for certain counties, approved December 8, 1866 (Ga. L. 1866, p. 39), is hereby repealed in its entirety. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without 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, 1971 Session of the General Assembly of Georgia an Act to repeal an Act of 1866, p. 39 in its entirety where it pertains to Clayton County; to provide an effective date and for other purposes. This 12th day of January, 1971. John R. McCannon County Attorney for Clayton County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell A. Starr who, on oath, deposes and says that he is Senator from the 44th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Forest Park Free Press which is the official organ of Clayton

Page 2828

County, on the following dates: January 15, 22, and 29, 1971. /s/ Terrell A. Starr Senator, 44th District Sworn to and subscribed before me, this 11th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. Approved April 1, 1971. ACT RELATING TO SALE, ETC., OF FARM PRODUCTS IN CERTAIN COUNTIES AT SPECIFIED TIMES REPEALED. No. 308 (Senate Bill No. 184). An Act to repeal an Act prohibiting the buying, selling, delivering or receiving of any farm products between sunset and sunrise in certain counties, approved August 23, 1872 (Ga. L. 1872, p. 484), as amended by an Act approved February 19, 1876 (Ga. L. 1876, p. 320), 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 prohibiting the buying, selling, delivering or receiving of any farm products between sunset and sunrise in certain counties, approved August 23, 1872 (Ga. L. 1872, p. 484), as amended by an Act approved February 19, 1876 (Ga. L. 1876, p. 320), is hereby repealed in its entirety. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

Page 2829

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, 1971 Session of the General Assembly of Georgia, an Act to repeal an Act approved August 23, 1872, (Ga. Laws 1872, p. 484, as amended), in its entirety where it pertains to Clayton County; to provide an effective date and for other purposes. This 12th day of January, 1971. John R. McCannon County Attorney for Clayton County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell A. Starr who, on oath, deposes and says that he is Senator from the 44th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Forest Park Free Press which is the official organ of Clayton County, on the following dates: January 15, 22, and 29, 1971. /s/ Terrell A. Starr Senator, 44th District Sworn to and subscribed before me, this 11th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. Approved April 1, 1971.

Page 2830

ACT REGULATING PER DIEM OF JURORS IN CERTAIN COUNTIES REPEALED. No. 310 (Senate Bill No. 210). An Act to repeal an Act regulating and fixing the per diem pay of jurors in certain counties, approved February 27, 1875 (Ga. L. 1875, p. 95), as amended by an Act approved February 13, 1877 (Ga. L. 1877, p. 102); 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 regulating and fixing the per diem pay of jurors in certain counties, approved February 27, 1875 (Ga. L. 1875, p. 95), as amended by an Act approved February 13, 1877 (Ga. L. 1877, p. 102) is hereby repealed in its entirety. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without 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, 1971 Session of the General Assembly of Georgia, an Act to repeal an Act approved February 27, 1875 in its entirety where it pertains to Clayton County; to provide for an effective date and for other purposes. This 12th day of January, 1971. John R. McCannon County Attorney for Clayton County

Page 2831

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell A. Starr who, on oath, deposes and says that he is Senator from the 44th District and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forest Park Free Press which is the official organ of Clayton County, on the following dates: January 15, 22, and 29, 1971. /s/ Terrell A. Starr Senator, 44th District Sworn to and subscribed before me, this 11th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. Approved April 1, 1971. ACT AUTHORIZING CERTAIN ORDINARIES TO FARM OUT PRISONERS REPEALED. No. 311 (Senate Bill No. 212). An Act to repeal an Act authorizing the ordinaries of certain counties to farm out prisoners convicted of misdemeanors to other counties, approved August 22, 1872 (Ga. L. 1872, p. 402); 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 the ordinaries of certain counties to farm out prisoners convicted of misdemeanors to other counties, approved August 22, 1872 (Ga. L. 1872, p. 402), is hereby repealed in its entirety.

Page 2832

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 January, 1971 Session of the General Assembly of Georgia an Act to repeal an Act of 1872, p. 402, in its entirety where it pertains to Clayton County; to provide for an effective date and for other purposes. This 12 day of January, 1971. John R. McCannon County Attorney for Clayton County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell A. Starr who, on oath, deposes and says that he is Senator from the 44th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Forest Park Free Press which is the official organ of Clayton County, on the following dates: January 15, 22, and 29, 1971. /s/ Terrell A. Starr Senator, 44th District Sworn to and subscribed before me, this 11 day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. Approved April 1, 1971.

Page 2833

TIFT COUNTY AIRPORT AUTHORITY ACT AMENDED. No. 312 (Senate Bill No. 234). An Act to amend an Act establishing the Tift County Airport Authority approved March 21, 1968 (Ga. L. 1968, p. 2628), so as to correct and clarify the provisions of said Act providing for the membership of said Tift County Airport Authority; their tenure of office, and the selection of their successors and to prescribe generally the rights, powers, authority and duties of said Airport Authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing the Tift County Airport Authority approved March 21, 1968 (Ga. L. 1968, p. 2628), is hereby amended by striking sections 2 and 3 in their entirety and substituting in lieu thereof two new sections to be designated sections 2 and 3 and to read as follows: Section 2. The said Authority shall be composed of five (5) members, who shall be selected as follows: Post 1, the Chairman of the Board of Commissioners Tift County, and in the event such Chairman shall elect not the serve upon said Board, and such election appearing in the minutes of said Board, then such other members of said Board as may be elected by resolution of a majority of the membership of said Board; Post 2, the Chairman of the City Commission of the City of Tifton, Georgia, and in the event such chairman shall elect not to serve upon said Commission, and such election appearing in the minutes of said Commission, then such other member of said Commission as may be elected by resolution of a majority of the membership of said Commission; Post 3, a member of the Tift County Chamber of Commerce Aviation Committee selected by the majority of the membership of such committee, said selection being recorded in the minutes of the meeting of said committee and such selection being made by resolution of said committee; Post 4, a person named and selected by the Board of Commissioners Tift County, and which selection

Page 2834

shall appear in the minutes of said Board; and Post 5, a person named and selected by the City Commission of the City of Tifton, and which selection shall appear in the minutes of said Commission. Membership. Each member of said Authority shall be a resident of Tift County, Georgia, and shall be at least 21 years of age. It is further provided that in addition to the qualifications as to age and residency, the members of said Authority holding Posts Nos. 4 and 5 shall further be knowledgeable and experienced in aviation and actively interested in aviation and in the operation of any and all airports located in Tift County; however, the determination of such qualifications shall rest solely with the commission appointing such member, and the determination of such commission that such member is so qualified shall be final. Further, excepting one member each of the Board of Commissioners Tift County and of the City Commission of the City of Tifton, Georgia, no member of said Authority shall hold any elected position either of Tift County or of the City of Tifton; provided, however, that the holder of any appointive office of either Tift County or the City of Tifton shall not be disqualified by reason of holding such appointive position. Qualifications. The term of office of each member of said Authority shall be four (4) years, provided that upon this Act becoming effective, the Authority Posts numbered 1, 2 and 3 shall have initial terms of the remainder of the calendar year 1968 and four (4) years from January 1, 1969, and which term shall expire on December 31, 1972. Authority Posts numbered 4 and 5 shall initially be for the remainder of calendar year 1968 and two (2) years beginning January 1, 1969, and shall expire on December 31, 1970. The term of each post shall after such initial term be for a period of four (4) years, and each member shall serve until his successor is named. It is provided that in the event the holders of Authority Posts numbered 1, 2 and 3 shall cease to be qualified by reason of their not holding either the position as Chairman of Board of Commissioners Tift County or a member thereof, or Chairman of the City Commission of the City of Tifton, or a member thereof, or a member of the Tift County Chamber of Commerce Aviation Committee,

Page 2835

as the case may be, then and in such event a vacancy shall occur in such Authority. Terms. Vacancies in such Authority shall be filled in the same manner as the holder of such vacated post as is herein provided, and which appointment shall be for the remainder of the term so vacated. Vacancies. Prior to assuming duties as a member of such Authority, each member thereof shall take substantially the following oath: I do solemnly swear that I shall faithfully and impartially and well and truly discharge the duties of a member of the Tift County Airport Authority in all matters which require my official action, to the best of my knowledge and skill, and I will so act as in my judgment will be most conducive to the welfare and best interest of the operation of airports and to the entire County. So help me God. Said oath shall be administered by either the Chairman of the City Commission of the City of Tifton or by the Chairman of the Board of Commissioners Tift County, and in the event either of said Chairmen shall serve upon said Authority then he may take such oath from the Chairman of such other Board or Commission as the case may be. Oath. The members of said Tift County Airport Authority shall serve without compensation. Section 3. Said Authority shall be deemed to exercise public and essential governmental functions and shall have all the powers necessary or convenient to carry out and effectuate its purpose and project, including, but not limited to, the power and authority, separately or jointly, to acquire, establish, construct, expand, own, lease, maintain, operate, regulate and police airports and landing fields for use of aircrafts within the limits of said County, including such airports and landing fields which may now be owned by either Tift County, Georgia, or the City of Tifton, Georgia, separately or jointly, and to promulgate rules and regulations for such operations; to sue and be sued; to have a seal and alter the same; to make and execute contracts and other instruments necessary to the exercise of the power of the Authority; to acquire by the exercise of the

Page 2836

right of eminent domain any property essential in the determination of the Authority to the purposes of the Authority; to sell, lease, exchange, transfer, assign, pledge or dispose of any real or personal property or interest therein; to mortgage, pledge and assign any revenues, incomes, tolls, charges or fees received by the Authority; to issue certificates of indebtedness for the purpose of providing funds for carrying out the duties of the Authority; provided such certificates shall not extend beyond the period of 20 years beyond the date of issuance thereof and provided further that such certificates shall be payable from the revenues realized from the projects of said Authority or any part thereof and provided further that such certificates shall not be in excess of the debt limitation herein stated; to borrow money for any corporate purposes provided that such borrowing of money shall not be in excess of the debt limitation herein stated; to appoint officers, agents or employees; to make use of any and all facilities, funds and other benefits afforded by the Federal Government or by the State of Georgia or any agency or instrumentality thereof; and to exercise any and all powers now or hereafter possessed by private corporations performing similar functions. 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 there will be introduced in the January, 1971 Session of the General Assembly of Georgia an Act to amend an Act creating the Tift County Airport Authority, approved March 21, 1968 (Ga. L. 1968 pages 2628-2635), to provide for the appointment, duties, powers, qualifications, substitution and the tenure of office of the members thereof; to provide that such authority shall be a public corporation, having the right, power and authority separately or jointly to acquire, establish, construct, expand, own, lease, maintain, operate, regulate and police airports and landing fields for the use of aircraft within the limits of said county, including the maintenance, operation, regulations and policing of such airports and landing fields

Page 2837

as may now be located in said county; and to prescribe generally the rights, powers, authority and duties of said Airport Authority; and for other purposes. Sutton, Kelley Pittman Tift County Attorneys Georgia, Tift County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ford B. Spinks, who, on oath, deposes and says that he is Senator from District 9, 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 said county, on the following dates: January 9, 16 and 23, 1971. /s/ Ford B. Spinks, Senator, District 9 Sworn to and subscribed before me, this 18 day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. Approved April 1, 1971. CUTHBERTRANDOLPH AIRPORT AUTHORITY ACT. No. 322 (House Bill No. 75). An Act to create and establish the Cuthbert-Randolph Airport Authority 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,

Page 2838

and to acquire the 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 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 and to define the rights of the holders of such bonds; to provide that no debts of the City of Cuthbert or the County of Randolph shall be incurred in the exercise of any powers granted by this Act; to make the bonds or obligations of the Authority exempt from taxation; to grant the Authority the right of eminent domain and empower it to condemn property of every kind; to authorize the issuance of refunding bonds or obligations; to provide that such bonds or 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 provide that the City of Cuthbert shall have jurisdiction over the real property of the Authority; to provide for the separate enactment of each provision of this Act; 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 Cuthbert-Randolph Airport Authority Act. Section 2. Cuthbert-Randolph Airport Authority There

Page 2839

is hereby created a body corporate and politic to be known as the Cuthbert-Randolph 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 hereing provided for shall in no event be liable for any torts committed by any of the officers, agents and employees of the Authority. The Authority shall have perpetual existence. Section 3. Membership The Cuthbert-Randolph Airport Authority shall be composed of five members who shall be appointed jointly by the Board of Commissioners of Randolph County and the Mayor and Council for the City of Cuthbert. Within thirty days after the approval of this Act, it shall be the duty of the Board of Commissioners of Randolph County and the Mayor and Council for the City of Cuthbert to appoint the membership of the Authority, three of whom shall be appointed for a term ending December 31, 1975, and two of whom shall be appointed for a term ending December 31, 1973. All subsequent appointments shall be for a term of four years, and until their successors shall have been duly appointed. No person shall be appointed to membership on the Authority unless he or she is a freeholder in Randolph County and has the same qualifications as are required for a person to vote in Randolph County, Georgia. Section 4. Meetings The Authority shall hold their first regular meeting after the approval of this Act, 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.

Page 2840

Three members of the Authority shall constitute a quorum for the transaction of all business coming before it. The members of the Authority shall serve without pay except that they shall be reimbursed for 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 appointing authority 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 Cuthbert-Randolph Airport Authority 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 undertaking 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, including the payment or reimbursement of reasonable actual costs incurred as a result of utility relocations when such relocations are made necessary by the project, the cost of all machinery, equipment, financing charges, interest prior to and during construction, costs of engineering, architectural, fiscal and legal expenses, and of plans and specifications, and such

Page 2841

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, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the Authority including the proceeds of any Revenue Bonds issued under the provisions of this Act for any such project of 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. Laws 1957, p. 36 et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 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 or gift, on

Page 2842

such terms and conditions and in such manner as it may deem proper, or by the exercise of the power and right of eminent domain, which is hereby granted, 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 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 the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceeding to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other incumbrance 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 incumbrance; (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 leases of projects or contracts with respect to the use of projects which 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

Page 2843

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, 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; (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 indentures, are specifically authorized from time to time to

Page 2844

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 useable 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 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. Same; Form; Denominations; Registration; Place of Payment The Authority shall determine the form of the bonds and the place or places of payment of principal

Page 2845

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 and 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 10. Same; Signatures; Seal In case any officer whose signatures 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 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. 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 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. 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

Page 2846

be hereafter amended to permit the sale of such bonds at less than par. Section 13. 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 identure, 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 issue 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. Section 14. Same; Interim Receipts and Certificates of 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. 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 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

Page 2847

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 Randolph County, or any municipality therein, 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, or any municipality therein, 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. 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

Page 2848

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 corporation. In addition to the foregoing, such trust indentures 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. Same; 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 the payment of the proceeds of the sale of the bonds to any officer of 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 purpose hereof, subject to such regulations as this Act and such resolutions or trust indentures may provide. Section 20. Same; 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

Page 2849

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. Section 21. 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 22. 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

Page 2850

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 23. Same; Validation Bonds of the Authority shall be confirmed and validated in accordance with the procedure 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, 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, sub-division 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 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 Cuthbert-Randolph Airport Authority. Section 24. 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 Randolph 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 25. Same; Interest of Bondholders Protected While any of the bonds issued by the Authority remain outstanding,

Page 2851

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 Received Considered Trust Funds All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as 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 the Authority Without limiting the generality of any provisions of the Act the general purpose of the Authority is declared to be that of acquiring, construction, equipping, maintaining, improving and operating airports and landing field for the use of aircraft, including 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 of its lands or facilities, 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

Page 2852

part, the cost of such project or projects 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. 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 or acquired 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, economy and general welfare of the citizens of the United States, of the State of Georgia and of Randolph County, shall be liberally construed to effect the purposes hereof. Section 32. Jurisdiction All property, the title to which shall vest in said Authority shall be and become a part of the corporate limits of the City of Cuthbert and shall be subject to the jurisdiction of the City of Cuthbert in the same manner and subject to the police powers of the City of Cuthbert and the same laws, ordinances, rules and regulations as are now or may hereafter be in effect in the City of Cuthbert. Section 33. 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. Severability. Section 34 . The effective date of this law shall be upon approval of same by the Governor. Effective date.

Page 2853

Section 35 . 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 1971 Session of the General Assembly of Georgia, a bill to create the Cuthbert-Randolph Airport Authority; to provide for the membership of said Authority; to prescribe the duties, powers and responsibilities of said Authority; and for other purposes. This 4th day of December, 1970. J. T. Dailey Representative, 53rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. T. 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: December 17, 24, and 31, 1970; and January 7, 1971. /s/ J. T. Dailey Representative, 53rd District Sworn to and subscribed before me, this 13th day of January, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 1, 1971.

Page 2854

CITY OF JONESBOROCHARTER AMENDEDELECTIONS. No. 323 (House Bill No. 170). An Act to amend an Act incorporating the City of Jonesboro in Clayton County, approved August 18, 1919 (Ga. L. 1919, p. 1067), as amended, particularly by an Act approved February 25, 1937 (Ga. L. 1937, p. 1972), so as to change the date of elections; to remove the provisions relating to a plurality vote for candidates seeking the offices of mayor and council of said City; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act incorporating the City of Jonesboro in Clayton County, approved August 18, 1919 (Ga. L. 1919, p. 1067), as amended, particularly by an Act approved February 25, 1937 (Ga. L. 1937, p. 1972), 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. On the first Saturday in December, 1971, an election shall be conducted at such place as the mayor and council shall designate for three councilmen, whose terms expire with the municipal year 1971, and said three councilmen so elected shall serve for terms of office of two years each, and until their successors are elected and qualified, and whose terms of office shall begin on the first Monday in January, 1972. On the first Saturday in December, 1972, an election shall be conducted at such place as the mayor and council shall designate for the election of a mayor and three councilmen whose terms expire with the municipal year 1972, and said mayor and three councilmen so elected shall serve for terms of office of two years each, and until their successors are elected and qualified, and whose terms office shall begin on the first Monday in January, 1973. A regular election shall be conducted in and for said City of Jonesboro as provided herein on the first Saturday in December of each year for the election of mayor and councilmen or councilmen, as the case may

Page 2855

be, to fill vacancies occurring on the first Monday in January following; the terms of office of the mayor and councilmen shall be two years each, or until their successors are elected and qualified. Section 2 . Said Act is further amended by striking section 10 in its entirety. 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 1971 Session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of Jonesboro and Clayton County, approved August 18, 1919 (Ga. L., p. 1067), as amended, so as to remove the provisions relating to a plurality vote for candidates seeking the offices of mayor and council of said city; to change the date of elections; and for other purposes. This 21st day of December, 1970. D. Hugh Dickson Mayor of the City of Jonesboro 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, which is the official organ of Clayton County, on the following dates: December 25, 1970; January 1, January 8, 1971. /s/ William J. Lee, Representative, 21st District

Page 2856

Sworn to and subscribed before me, this 14th day of January, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 1, 1971. MONTGOMERY COUNTYCOMPENSATION OF DEPUTY SHERIFF CHANGED, ETC. No. 324 (House Bill No. 205). An Act to amend an Act placing the sheriff of Montgomery County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2120), so as to change the compensation of the deputy sheriff; to provide for a secretary to the sheriff; to provide for an additional automobile for the use of the sheriff's office; 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 Montgomery County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2120), is hereby amended by striking in its entirety section 9 and substituting in lieu thereof a new section 9 to read as follows: Section 9. The sheriff is hereby authorized to appoint one full time deputy 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 $4,800.00, per annum, payable by the fiscal authority of said county, in equal monthly installments from the funds of Montgomery County. However, if the fiscal authority deems it necessary to create a county police force, the office of deputy shall be

Page 2857

abolished. The sheriff shall also be authorized to employ a secretary to assist him and to fix her compensation at $1,800.00, per annum, payable in the same manner as that of the deputy. Section 2 . Said Act is further amended by striking the words and said as they appear between the words occur and automobile in the first sentence of section 10 and substituting in lieu thereof the following: as well as one other automobile for the use of the deputy. Said, and by striking the word automobile as it appears between the words said and shall, and said and be, and said and and, and substituting in lieu thereof the word automobiles, so that when so amended, section 10 shall read as follows: Section 10. The fiscal authority of Montgomery County shall furnish to the sheriff thereof one automobile equipped with a short-wave radio, and said automobile shall be replaced every two (2) years or at 85,000 miles, whichever shall first occur, as well as one other automobile for the use of the deputy. Said automobiles shall be used exclusively for the business of the sheriff's office by said sheriff or his deputy; provided, however, should the need arise, and with the consent of said sheriff, the fiscal authority of said county may direct that said automobiles be used for other county business and for other officials of Montgomery County. The fiscal authority of Montgomery County shall be responsible for the maintenance of said automobiles 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 Montgomery County. 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 Montgomery County, the fiscal authority of Montgomery County may authorize the sheriff to use his personal automobile,

Page 2858

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. 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 1971 Session of the General Assembly of Georgia, a bill to change the compensation of the deputy sheriff of Montgomery County; to provide for a secretary to the sheriff of Montgomery County; to provide for an additional automobile for the use of the sheriff's office; and for other purposes. This 22nd day of December, 1970. 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 Montgomery Monitor, which is the official organ of Montgomery County, on the following dates: December 24, 31, 1970 and January 7, 1971. /s/ L. L. Phillips Representative, 50th District

Page 2859

Sworn to and subscribed before me, this 19th day of January, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 1, 1971. STATE COURTSSECRETARY FOR CERTAIN JUDGESPOPULATION FIGURES CHANGED. (145,000-165,000). No. 326 (House Bill No. 303). An Act to amend an Act providing for the appointment of a secretary to certain judges of the State Court of certain counties, approved March 28, 1961 (Ga. L. 1961, p. 2558), so as to change the population figures and census contained therein; 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 appointment of a secretary to certain judges of the State Courts of certain counties, approved March 28, 1961 (Ga. L. 1961, p. 2558), is hereby amended by striking from section 1 the following. in all counties in the State with a population of not less than 135,000 nor more than 140,000, according to the United States Census of 1960,, and substituting in lieu thereof the following: in all counties in this State having a population of not

Page 2860

less than 145,000 and not more than 165,000, according to the United States Census of 1970,. 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. Approved April 1, 1971. SMALL CLAIMS COURT ACT IN CERTAIN COUNTIES AMENDEDPOPULATION CHANGE. (34,500-39,500). No. 328 (House Bill No. 320). An Act to amend an Act creating a Small Claims Court in certain counties, approved March 5, 1957 (Ga. L. 1957, p. 2635), as amended, particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 3215), so as to change the population figures and the census contained therein; 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 Small Claims Court in certain counties, approved March 5, 1957 (Ga. L. 1957, p. 2635), as amended, particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 3215), is hereby amended by striking from section 1 the following: in each county in this State having a population of not less than 34,225 and not more than 34,500 according to the U. S. Census of 1960, and substituting in lieu thereof the following:

Page 2861

in each county in this State having a population of not less than 34,500 and not more than 39,500 according to the U. S. Census of 1970. 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. Approved April 1, 1971. CALHOUN-GORDON COUNTY AIRPORT AUTHORITY ACT. No. 329 (House Bill No. 348). An Act to create and establish an Airport Authority for the City of Calhoun and Gordon County, 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 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

Page 2862

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 Calhoun or Gordon County 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, approved February 14, 1957 (Ga. L. 1957, p. 36), as amended, amending the law known as the Revenue Certificate Law of 1937, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended; to authorize the Authority to exercise the power of condemnation; to provide for all matters relative thereto; 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 Calhoun-Gordon County Airport Authority Act. Section 2. Calhoun-Gordon County Airport Authority . There is hereby created a body corporate and politic to be known as the Calhoun-Gordon County 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 committed by any of the officers, agents and employees of the Authority. The Authority shall have perpetual existence. Section 3. Membership . The Calhoun-Gordon County Airport

Page 2863

Authority shall be composed of three members. One member shall be appointed by the City Council of the City of Calhoun, one member shall be appointed by the County Commissioner of Gordon County, and the third member shall be appointed by the two members appointed by governing authorities of the city and county, following their appointment. The appointment of the third member shall be subject to the approval of both the City Council of the City of Calhoun and the County Commissioner of Gordon County. Said City Council of the City of Calhoun and County Commissioner of Gordon County shall have the right to disapprove the appointment of the third member of the Authority. Said right of disapproval must be exercised within 15 days following the date on which notice of the name of the person so appointed shall be given to said governing authority by the two appointing members. If said right of disapproval is not exercised within said 15 day period it shall lapse for the term of office for which the third member was appointed. Initial members shall be appointed by the governing authorities of the city and county within 30 days following the approval of this Act or within 30 days after it otherwise becomes law. The third member of said Authority shall be appointed, as hereinabove provided, within 30 days following the date on which both of the other two initial members shall have been appointed. The initial members so appointed shall take office on the day following the expiration of the 15 day disapproval period, except that the initial appointees of the governing authorities of the city and county shall have the power to appoint the third member prior to their taking office. The initial member appointed by the City Council of the City of Calhoun shall serve an initial term of office to expire on July 1, 1974, and until his successor is duly appointed and qualified. The initial member appointed by the County Commissioner of Gordon County shall serve an initial term of office to expire on July 1, 1973, and until his successor is duly appointed and qualified. The third initial member shall serve an initial term of office to expire on July 1, 1972, and until his successor is duly appointed and qualified. Thereafter, the term of office of all members shall be three years, and until their respective successors are duly appointed and qualified. Successors to the members

Page 2864

of the Authority shall be appointed 90 days prior to the expiration of the term of office of such members. 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 July. 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 July 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 June 30th of the year following the year in which they were elected or until their successors are elected and qualified. Two members of the Authority shall constitute a quorum for the transaction of all business coming before it. The members of the Authority shall receive no compensation for their services. They shall be reimbursed, however, 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 in the same manner in which the member vacating his membership was appointed to membership, 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 Calhoun-Gordon County 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

Page 2865

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 project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, including the payment or reimbursement of reasonable actual costs incurred as a result of utility relocations when such relocations are made necessary by the project, the cost of all machinery, equipment, financing charges, interest prior to and during construction, the cost of engineering, architectural, fiscal and legal expenses, and the cost 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, and 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 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, approved February 14, 1957 (Ga. L. 1957, p. 36), as amended, amending the law formerly known as the Revenue Certificate Law of 1937, approved March 31, 1937 (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 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

Page 2866

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 the following powers: (a) To have a seal and alter the same at 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, 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 contracts with respect to the use of, or disposition of, the same in any manner it deems to be the best advantage 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 compensation; (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 and leases, and to execute

Page 2867

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, instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the United States of America or such agency, instrumentality or other source may impose; (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, instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the State of Georgia or such agency, instrumentality or political subdivision or any other source may impose; (i) To borrow money for any of its corporate purposes, 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 powers usually possessed by private

Page 2868

corporation performing similar functions, which are 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 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 the Authority 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 succeeded, or which may in the future succeed, to the powers, duties and liabilities vested in the Authority created hereby, shall have the power, and is hereby authorized, to provide by resolution for the issuance of 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 as may be authorized by the Authority, 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, approved February 14, 1957 (Ga. L. 1957, p. 36), amending the law formerly known as the Revenue Certificate Law of 1937, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended. All procedures pertaining to such issuance and the conditions

Page 2869

thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto. 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 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. The Authority may make provisions for the registration of any coupon bond, as to principal alone, or 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. Any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary-Treasurer of the Authority. Any bond may be signed, sealed and attested on behalf of the Authority by such persons as shall be duly authorized or hold the proper office, at the actual time of the execution of such bonds, although such persons may not have been so authorized or shall not have held such office on the date of delivery and payment of such bonds. 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 instruments 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.

Page 2870

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. 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

Page 2871

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 regular, special, or adjourned meeting of the Authority by a majority vote of the quorum as provided in this Act. 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 Calhoun or Gordon County. 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 city or county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment of such bonds. All such bonds shall contain recitals on their face substantially covering 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 pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the sale 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

Page 2872

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 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 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

Page 2873

and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. Such funds so pledged from whatever source received, 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. 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. 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,

Page 2874

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 issuance 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 the Revenue Bond Law. The petition for validation shall also make 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, a party-defendant to such action. 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 of the United States Government if a party to the validation proceedings, contracting with the said Calhoun-Gordon County 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

Page 2875

brought in the Superior Court of Gordon 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 adversely affect the interest and rights of the holders of such bonds, and no other entity, department, agency or authority shall be created which will compete with the Authority to such an extent as to adversely affect the interest and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the State, 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 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 fields for the use of aircraft, including 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 to be necessary, convenient or desirable for, and incident to, the efficient and proper development and operation of such types of undertakings.

Page 2876

Section 28. Rates, Charges and Revenues; Use . The Authority is hereby authorized to prescribe, 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 of 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 Calhoun and Gordon County, 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 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 in 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

Page 2877

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. Severability. Section 35. Effective Date . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 36 . 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 1971 Session of the General Assembly of Georgia, a bill to create the Calhoun-Gordon County Airport Authority; to provide for the membership of said authority; to provide for the appointment, qualifications, powers, duties, compensation and responsibilities of the members of said authority; to provide for all other matters relative to the foregoing; and for other purposes. This 18th day of January, 1971. Tom L. Shanahan Representative, Eighth 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

Page 2878

County, on the following dates: January 20, 27, February 3, 1971. /s/ Tom L. Shanahan Representative, 8th District Sworn to and subscribed before me, this 8th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 1, 1971. COMPENSATION OF DEPUTY SHERIFFS IN CERTAIN COUNTIES CHANGED. (23,510-23,700). No. 330 (House Bill No. 349). An Act to change the compensation of the deputy sheriffs 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 of not less than 23,510 and not more than 23,700 according to the United States decennial census of 1970 or any future such census, the deputies of the sheriffs in such counties shall receive $4.00 per month in addition to their regular salaries for each year of service as a deputy, payable at the same time and in the same manner as their regular salaries out of the funds of such counties. Section 2 . This Act shall become effective on the first

Page 2879

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. Approved April 1, 1971. TREASURER OF CERTAIN COUNTIES DESIGNATED AS DEPOSITORY, ETC. (32,350-37,700). No. 331 (House Bill No. 367). An Act to designate as depositories for public and trust funds the treasury in counties of Georgia having a population of not less than 32,350 nor more than 32,700, according to the 1970 United States Census or any future United States Census; to authorize the various county officers and officers of court to deposit in the treasury any funds in their custody not required for immediate disbursement; to provide for bonds to safeguard said funds; to relieve any officer from personal liability who deposits funds in the county treasury; to require the immediate deposit of funds belonging to the county in the county treasury; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . It shall be lawful in all counties of the State having a population of not less than 32,350 nor more than 32,700, according to the 1970 United States Census or any future United States Census, for any county officer or officer of any court, including the superior court in such counties, having in his possession and custody any funds, including trust funds, held for the benefit of any third person or litigant or for any purpose, or subject to the order of any court or other tribunal, to deposit such funds for safekeeping in the treasury of the county and to accept

Page 2880

therefor the receipt of the treasurer or other fiscal officer of such county. Deposit. Section 2 . The original custodian of such fund before making any deposit may require the treasurer or other fiscal officer to execute in his favor a special bond in an amount not less than the aggregrate of all funds so deposited and held by the treasurer or other fiscal officer, which bond (with security approved by the judge of the superior court of such county) shall be conditioned to repay or disburse all of said funds under proper legal authority. In lieu of other security on said bond, the treasurer or other fiscal officer may deposit in a safe place a bond of the United States Treasury in an amount not less than the aggregate of all deposits secured by such bond. Bond. Section 3 . The treasurer of any such county or other fiscal officer charged with the custody of county funds may decline to accept funds from any officer or officer of the court for deposit and safekeeping, when in the judgment of the treasurer or other fiscal officer the conditions imposed are burdensome or would cause hardship or financial loss. Declination. Section 4 . Any county officer or officer of the court who deposits funds in the treasury of any said county, shall be relieved of personal responsibility for the safekeeping of such funds as may be entrusted to the treasury of the county under the provisions of this Act. Responsibility. Section 5 . The provisions of this Act shall not be construed to prevent or delay the direct payment into the county treasury of all funds belonging to such counties and collected by or held by an officer or officer of the court, but upon receipt all of same shall be deposited immediately in the county treasury. Court funds. Section 6 . (a) In all of such counties which have established a central depository system, and in which the district attorneys or solicitors of the courts, the clerks and sheriffs are paid salaries so that the fees of such officers belong to and are required to be paid directly to such counties, the

Page 2881

officers upon receiving fines and cash bonds shall deposit the same in the county treasury, as other county funds are deposited, and shall file therewith a statement showing the name of the defendant, the court and case number, the amount of the fine or cash bond in each case, and any other information that may be necessary to the proper disbursement of such funds. In the case of cash bonds which are not forfeited, and the defendant stands trial, the county treasurer holding the same shall disburse such cash bonds as directed by the court in which the case is pending. The county treasurer shall pay all sums due the sheriffs', clerks' and peace officers' State retirement funds and the State Highway Department from fines and forfeitures and court costs, and all other sums payable to any other person or governmental agency out of fines and forfeitures and court costs in conformity with the requirements of law, and file therewith the reports thereof as required by law, directly to the proper State authorities at the time and in the manner required by such clerk. Court officers. (b) The alimony and child support and court awards accounts in the offices of the clerk of the superior court of the said counties are not required to be deposited in the county treasuries and may be kept in separate bank accounts by the clerks and disbursed by them as directed by the court. The recording fees, costs in civil cases and other fees paid to the clerk of the superior court in the counties in which this Act applies may be kept in a general account or accounts by such clerks, and the counties' portion of the same paid to the county treasury once each month. Exemptions. Section 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 1, 1971. NEWTON COUNTY BOARD OF EDUCATIONELECTION OF MEMBERS, ETC.REFERENDUM. No. 332 (House Bill No. 416). An Act to amend an Act creating a new Board of Education

Page 2882

of Newton County, approved March 13, 1967 (Ga. L. 1967, p. 2405), so as to change the provisions relative to the election of the members of the Board of Education of Newton County; to change the qualifications and terms of office of members; 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 Board of Education of Newton County, approved March 13, 1967 (Ga. L. 1967, p. 2405), is hereby amended by striking section 2 in its entirety and by inserting in lieu thereof a new section 2 which shall read as follows: Section 2. There shall be elected to the Board of Education of Newton County one member from each of said districts who shall be elected by the qualified electors of the Newton County School District. Candidates may not offer for election to said board from any district other than that district in which their legal residence lies. Members. Section 2 . Said Act is further amended by striking from section 3 the following: he represents and by inserting in lieu thereof the following: from which he qualified, and by striking from section 3 the following: a freeholder, so that when so amended section 3 shall read as follows: Section 3. No person shall be eligible to represent an education district unless he is at least 21 years of age and has been a resident of the State at least one year and a resident of the district from which he offers as a candidate for at least six months immediately preceding the date of

Page 2883

the election. In the event a member moves his residence from the district from which he qualified, his place on the board shall immediately become vacant. Qualifications. 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. At the general election conducted in 1972 there shall be elected members of the Board of Education of Newton County from Districts 1, 2 and 3. The members so elected shall serve for an initial term of office of four years and until their respective successors are duly elected and qualified. At the general election to be held in 1974 the members of the Board of Education of Newton County from Districts 5 and 7 shall be elected for an initial term of office of four years and until their respective successors are duly elected and qualified. At the general election in 1976 the members of the Board of Education of Newton County from Districts 4 and 6 shall be elected for an initial term of office of two years and until their respective successors are duly elected and qualified. Following the initial term of office provided herein, the term of office of all members of the Board of Education shall be four years and until their respective successors are duly elected and qualified. Nothing contained herein shall affect the term of office of any member of the Board of Education of Newton County in office on July 1, 1971. Successors who are elected to succeed the members of the Board of Education of Newton County in office on July 1, 1971, shall be elected at the general election which is conducted in that year in which the respective terms of office of such members shall expire, and they shall take office on the first day of January following their election. Terms. Section 4 . Said Act is further amended by striking from the first sentence of section 6 the following: voters of the education district in which the vacancy occurred and inserting in lieu thereof the following:

Page 2884

qualified voters of the entire county, so that when so amended section 6 shall read as follows: Section 6. In the event any vacancy occurs on the Board of Education of Newton County, the remaining members of the board shall select a successor to fill such vacancy until the next general election, at which time a successor shall be elected by the qualified electors of the Newton County School District to serve out the unexpired term of office. In the event the vacancy occurs in the office of chairman of the board, the remaining members shall elect from one of their members a new chairman to serve out the unexpired term of office. The board of education of Newton County created by this Act shall be the successor to all the rights, powers, duties and obligations of the old Board of Education of Newton County and shall be subject to all constitutional and statutory provisions relating to county boards of education. Vacancy. 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 Newton County to issue the call for an election for the purpose of submitting this Act to the voters of said 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 Newton County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act changing the method of election, qualifications, and terms of office of the members of the Board of Education of Newton County be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes

Page 2885

cast on such question are for approval of the Act, it shall become of full force and effect. The expense of such election shall be borne by Newton 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 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 1971 Session of the General Assembly of Georgia a bill to amend an act creating Newton County Board of Education, approved March 31, 1967 (Ga. L. 1967, p. 2405-2411) so as to clarify certain provisions relating to the districts from which members are elected; to provide the procedures connected therewith, their duties, compensation and for other purposes. This 21st day of December, 1970. J. W. (Jim) Morgan Representative-Elect, 23rd District House of Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. W. Morgan 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,

Page 2886

on the following dates: December 24, December 31, 1970 and January 7, 1971. /s/ J. W. Morgan Representative, 23rd District Sworn to and subscribed before me, this 9th day of February, 1971. /s/ Genevieve McKinney, Notary Public. (Seal). Approved April 1, 1971. JEFFERSON COUNTYSUPPLEMENTARY COMPENSATION OF ORDINARY AUTHORIZED. No. 333 (House Bill No. 428). An Act to provide that the Board of Commissioners of Jefferson County may supplement the compensation presently received by the Ordinary of Jefferson County; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . In addition to the fees received by the Ordinary of Jefferson County, the Board of Commissioners of Jefferson County may supplement his compensation by an annual salary to be fixed by the Board at not less than $2,400.00 or more than $3,600.00 per annum, payable out of the funds of Jefferson 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.

Page 2887

Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Public Notice. Notice is hereby given that legislation to provide for compensation for the Ordinary of Jefferson County will be introduced during the coming 1971 Session of the General Assembly of Georgia. J. Roy McCracken. Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 Wadley Herald which is the official organ of Jefferson County, on the following dates: January 7, 14, 21, 1971. /s/ J. Roy McCracken Representative, 36th District Sworn to and subscribed before me, this 9th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission expires Dec. 16, 1974. (Seal). Approved March 31, 1971.

Page 2888

PIERCE COUNTY BOARD OF COMMISSIONERSCHAIRMAN'S COMPENSATIONREFERENDUM. No. 335 (House Bill No. 453). An Act to amend an Act creating a Board of Commissioners of Pierce County, approved March 25, 1937 (Ga. L. 1937, p. 1397), as amended, particularly by an Act approved February 16, 1943 (Ga. L. 1943, p. 1098), an Act approved February 28, 1961 (Ga. L. 1961, p. 2115), an Act approved February 24, 1965 (Ga. L. 1965, p. 2068), and an Act approved March 21, 1968 (Ga. L. 1968, p. 2649), so as to change the compensation of the Chairman; 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 Board of Commissioners of Pierce County, approved March 25, 1937 (Ga. L. 1937, p. 1397), as amended, particularly by an Act approved February 16, 1943 (Ga. L. 1943, p. 1098), an Act approved February 28, 1961 (Ga. L. 1961, p. 2115), an Act approved February 24, 1965 (Ga. L. 1965, p. 2068), and an Act approved March 21, 1968 (Ga. L. 1968, p. 2649), is hereby amended by striking from section 7 the following: six thousand six hundred dollars ($6,600.00) per year, payable monthly, and he shall and inserting in lieu thereof the following: not less than $6,600.00 nor more than $10,000.00 per year, to be determined by the Board of Commissioners of Pierce County, to be paid in equal monthly installments out of the funds of Pierce County. The chairman shall also, so that when so amended section 7 shall read as follows: Section 7. The compensation of the chairman of the board shall be not less than $6,600.00 nor more than $10,000.00 per year, to be determined by the Board of Commissioners of Pierce County, to be paid in equal monthly installments

Page 2889

out of the funds of Pierce County. The chairman shall also be allowed mileage at the rate of ten (10) per mile for every mile traveled attending to official business, together with such other expenses as he may incur and deem necessary in the discharge of his duties as such chairman which are imposed upon him by law. Such mileage and expenses shall be paid upon presentation of an itemized statement thereof by said chairman and its approval in writing by the other members of the board. Section 2 . It shall be the duty of the Ordinary of Pierce County to issue the call for an election for the purpose of submitting this Act to the voters of said County for approval or rejection. The ordinary shall set the date of such election for Tuesday, November 7, 1972. 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 Pierce County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act changing the compensation of the Chairman of the Board of Commissioners of Pierce County from $6,600.00 per annum to not less than $6,600.00 per annum nor more than $10,000.00 per year, to be determined by the Board of Commissioners of Pierce County, be approved? Referendum. All persons desiring to vote in favor of the Act shall vote yes, and those persons desiring to vote for rejection of the Act shall vote no. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Pierce 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 results of the election. It shall be his further duty to certify the result thereof to the Secretary of State.

Page 2890

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 that pursuant to a resolution of the Board of Commissioners of Pierce County and the recommendations of 1970 December Grand Jury of Pierce County, there will be introduced at the January 1971 Session of the General Assembly of Georgia, a bill to change the compensation of the Chairman of the Board of Commissioners of Pierce County; and other purposes. Bobby Wheeler Representative, 57th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Wheeler who, on oath, deposes and says that he is Representative from the 57th District and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Blackshear Times which is the official organ of Pierce County, on the following dates: January 21, 28, February 4, 1971. /s/ Bobby Wheeler Representative, 57th District Sworn to and subscribed before me, this 10th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 1, 1971.

Page 2891

COMMISSIONS ON SCHOOL TAXES IN CERTAIN COUNTIES (400,000 OR LESS). No. 337 (House Bill No. 480). An Act to amend an Act applying to counties having a population of not less than 500,000 by the last or any future decennial census and directing the county commissioners thereof to pay to the board of education thereof all commissions which would have been retained by the tax commissioner or tax collector thereon upon the collection of county school taxes and paid over to the said county commissioner, approved February 23, 1956 (Ga. L. 1956, p. 2565), as amended, by an Act approved February 27, 1970 (Ga. L. 1970, p. 2175) so as to make said Act applicable to counties having a population of not less than 400,000, by the last of any future decennial census; 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 applying to counties having a population of not less than 500,000 by the last or any future decennial census and directing the county commissioners thereof to pay to the board of education thereof all commissions which would have been retained by the tax commissioner or tax collector thereon upon the collection of county school taxes and paid over to the said county commissioner, approved February 23, 1956 (Ga. L. 1956, p. 2565), as amended, by an Act approved February 27, 1970 (Ga. L. 1970, p. 2175), is hereby amended by striking the following: Be it enacted by the General Assembly of Georgia: In any county having a population of not less than 500,000 by the last or any future decennial census of the United States: , and by inserting in lieu thereof the following: Be it enacted by the General Assembly of Georgia:

Page 2892

In any county having a population of not less than 400,000 by the last or any future decennial census of the United States: . Section 2 . This Act shall become effective on January 1, 1972. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 1, 1971. BROOKS COUNTY BOARD OF EDUCATIONREFERENDUM TO CHANGE COMPENSATION OF MEMBERS. No. 339 (House Bill No. 726). An Act to change the compensation of the Chairman and other members of the Board of Education of Brooks County; 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 Brooks County shall determine the compensation of the Chairman and the members of the Board, except that the salary of the Chairman shall not exceed $150.00 per month, and the salary of each of the other members of the Board shall not exceed $100.00 per month. 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, it shall be the duty of the Ordinary of Brooks County to issue the call for an election for the purpose of submitting this Act to the voters of the Brooks 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 45 days after the date of the

Page 2893

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 Brooks County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act changing the compensation of the Chairman and other members of the Board of Education of Brooks County be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Brooks 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 1971 Session of the General Assembly of Georgia, a bill to change the compensation of the members of the Board of Education of Brooks County; to provide for a referendum; to repeal conflicting laws; and for other purposes. This 25th day of Jan. 1971. Henry L. Reaves Representative, 71st District

Page 2894

Georgia, Fulton County. Personally appeared before me, the undersigned authority duly authorized to administer oaths, Henry L. Reaves who, on oath, deposes and says that he is Representative from the 71st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Quitman Free Press which is the official organ of Brooks County, on the following dates: January 28, February 4 and 11, 1971. /s/ Henry L. Reaves Representative, 71st District Sworn to and subscribed before me, this 22nd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 1, 1971. JEFF DAVIS COUNTYPERSONNEL OF TAX COMMISSIONER'S OFFICE, ETC. No. 340 (House Bill No. 728). An Act to amend an Act placing the clerk of the superior court and the tax commissioner of Jeff Davis County on an annual salary in lieu of the fee system of compensation, approved April 25, 1969 (Ga. L. 1969, p. 3418), so as to change the provisions relating to personnel of the tax commissioner's office; to provide for the employment of personnel by the tax commissioner; to provide for the compensation, duties, assignments, removal, or replacement of such employees; to provide for additional clerical personnel

Page 2895

of the tax commissioner's office; 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 placing the clerk of the superior court and the tax commissioner of Jeff Davis County on an annual salary in lieu of the fee system of compensation, approved April 25, 1969 (Ga. L. 1969, p. 3418), 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 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 should be fixed by the tax commissioner and shall be paid from county funds. However, the total compensation to be paid by the county for all such personnel shall not exceed $10,675 per annum. 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 such employees at will and within his sole discretion. Personnel. 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 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 tax commissioner and the governing authority shall agree upon. Authorization. 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.

Page 2896

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 1971 session of the General Assembly of Georgia, a bill to amend an Act placing the clerk of the superior court and the tax commissioner of Jeff Davis County on an annual salary in lieu of the fee system of compensation, approved April 25, 1969 (Ga. L. 1969, p. 3418), so as to change the provisions relating to personnel of the tax commissioner's office; to provide for the employment of personnel by the tax commissioner; to provide for the compensation, duties, assignments, removal, or replacement of such employees; to provide for additional clerical personnel of the tax commissioner's office; to provide for all matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. This 21 day of January, 1971. L. Jack Strickland Representative 56th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. Jack Strickland 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 21, 28 and February 4, 1971. /s/ L. Jack Strickland Representative, 56th District

Page 2897

Sworn to and subscribed before me, this 22nd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 1, 1971. EDUCATION FUNDS TO BE REMITTED ONCE A MONTH, ETC (90,000-140,000). No. 341 (House Bill No. 743). An Act to authorize and direct the tax commissioners or tax collectors to remit all education funds to the boards of education in certain counties once a month except for a certain percentage; 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 90,000 or more than 140,000, according to the United States Decennial Census of 1970 or any future such census, the tax commissioners or tax collectors are hereby authorized and directed to remit all education funds collected by them to the boards of education in such counties except one per cent of the funds collected which shall be retained by the tax commissioners or tax collectors if they are on a fee basis or remitted to the governing authorities of such counties if they are on a salary basis. Section 2 . This Act shall become effective on January 1, 1972. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 1, 1971.

Page 2898

HABERSHAM COUNTY SHERIFF'S COMPENSATION CHANGED. No. 342 (House Bill No. 745). An Act to amend an Act placing the sheriff of Habersham County upon an annual salary, approved January 26, 1965 (Ga. L. 1965, p. 2007) so as to change the provisions relative to 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 Habersham County upon an annual salary, approved January 26, 1965 (Ga. L. 1965, p. 2007) is hereby amended by striking section 3 in its entirety and substituting in lieu thereof the following: Section 3. The sheriff shall receive an annual salary of $11,000 payable in equal monthly installments from the funds of Habersham County; provided, however, the governing authority of Habersham County is hereby authorized to increase the salary of the sheriff to $12,000 per annum. 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 is hereby given that there will be introduced at the 1971 session of the Georgia Legislature, a bill to change the compensation of the Sheriff of Habersham County. This 2nd day of February 1971. /s/ Jack Gunter Representative, Habersham County, 6th District, Post 2.

Page 2899

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack 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: February 4, 11 and 18, 1971. /s/ Jack Gunter Representative, 6th District Sworn to and subscribed before me, this 22nd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission expires Dec. 16, 1974. (Seal). Approved April 1, 1971. HABERSHAM COUNTY ORDINARY'S SALARY CHANGED. No. 343 (House Bill No. 746). An Act to amend an Act abolishing the fee system and providing an annual salary for the ordinary of Habersham County, approved February 27, 1969 (Ga. L. 1969, p. 2099) so as to change the provisions relative to the compensation 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:

Page 2900

Section 1 . An Act abolishing a fee system and providing an annual salary for the ordinary of Habersham County, approved February 27, 1969 (Ga. L. 1969, p. 2099) is hereby amended by striking section 2 in its entirety and substituting in lieu thereof the following: Section 2. The ordinary of Habersham County shall receive an annual salary of $9,000 payable in equal monthly installments from the funds of Habersham County; provided, however, the governing authority of Habersham County is hereby authorized to increase the salary of the ordinary to $10,000 per annum. 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 is hereby given that there will be introduced at the 1971 session of the Georgia Legislature, a bill to change the compensation of the Ordinary of Habersham County. This 2nd day of February 1971. /s/ Jack Gunter Representative, 6th District, Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack 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 2901

County, on the following dates: February 4, 11 and 18, 1971. /s/ Jack Gunter Representative, 6th District Sworn to and subscribed before me, this 22nd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 1, 1971. MUNICIPAL COURT OF SAVANNAH ACT AMENDED. No. 344 (House Bill No. 750). An Act to amend an Act revising, altering and consolidating into a comprehensive Act all laws relating to the Municipal Court of Savannah, approved April 18, 1969 (Ga. L. 1969, p. 2857), as amended, so as to remove certain provisions which require that the salaries of certain officers and employees of said court shall have the same salary scale; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act revising, altering and consolidating into a comprehensive Act all laws relating to the Municipal Court of Savannah, approved April 18, 1969 (Ga. L. 1969, p. 2857), as amended, is hereby amended by striking therefrom paragraph (b) of section 23 thereof, which reads as follows: (b) In accordance with Civil Service regulations, the

Page 2902

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. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Chatham County. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1971 session of the General Assembly of Georgia a bill to amend an act approved April 18, 1969 (Ga. L. 1969, p. 2857) so as to repeal certain requirements for Civil Service regulations for the Municipal Court of Savannah and for other purposes. Chatham County Commissioners By: Anton F. Solms, Jr. County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Alan S. Gaynor who, on oath, deposes and says that he is Representative from the 88th 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 2, 9 and 16, 1971. /s/ Alan S. Gaynor Representative, 88th District Sworn to and subscribed before me, this 22nd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. Approved April 1, 1971.

Page 2903

PULASKI COUNTYCOMPENSATION OF DEPUTY SHERIFF CHANGED. No. 345 (House Bill No. 771). An Act to amend an Act placing the sheriff of Pulaski County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2612), so as to increase the compensation of the deputy sheriff of Pulaski 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 Pulaski County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2612) 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 shall have the authority to appoint a deputy, who may be employed on a full-time or part-time basis. Said deputy shall be compensated in the amount of $500.00 per month, plus five percent (5%) increase thereof for each continuous four year period of service following the first year of such service; said increase not to exceed twenty-five percent (25%) of the base salary provided for herein, if and when his employment is on a full-time basis, or at the rate of $15.00 per day if and when his employment is on a part-time basis. Such compensation shall, in either case, be paid from the funds of Pulaski County, Georgia. It shall be within the sole power and authority of the sheriff, during his respective term of office, to designate, name and appoint 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. 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 approval. Effective date.

Page 2904

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 1971 session of the General Assembly of Georgia a bill to change the compensation of the Deputy Sheriff of Pulaski County Georgia and for other purposes. This January 29th, 1971. Ben Jessup Representative 49th District, Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Jessup 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 3, 10 and 17, 1971. /s/ Ben Jessup Representative, 49th District Sworn to and subscribed before me, this 23rd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 1, 1971.

Page 2905

CITY OF ATHENSCHARTER AMENDEDMUNICIPAL ELECTIVE OFFICERS AS CANDIDATES, ETC. No. 355 (House Bill No. 6). An Act to amend an Act granting a charter to The Mayor and Council of the City of Athens, approved August 24, 1872 entitled An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof, which said Act of 1872 changed the name of the Town of Athens to the City of Athens, and as amended by the several subsequent Acts amendatory thereof, particularly by Ga. L. 1968, page 2830, so as to provide that a municipal elective officer of the Mayor and Council of the City of Athens while holding such office shall also be eligible to enter as a candidate any political party primary or general election for any public elective office other than to succeed himself as an incumbent or a public elective office created by charter for any successor government of the City of Athens, but in such event he shall be deemed to have resigned his municipal office held as of the end of the calendar year in which such occurs; 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 amend the charter of the Town of Athens and the various Acts amendatory thereof' (now known as the City of Athens), approved August 24, 1872 (Ga. L. 1872, p. 127), as amended, so as to provide for the time of holding the annual municipal election; to provide that any person who holds a municipal elective office may not hold any other public elective office at the same time; to provide that any person while holding a public elective office shall be eligible to enter in a political party primary or general election as a candidate for a municipal elective office, except as stated; to provide for penalties; to repeal conflicting laws; and for other purposes., appearing in Ga. L. 1968, at page 2830, et seq., is hereby amended by striking the following from section 3A thereof:

Page 2906

No municipal elective officer of the mayor and council of the City of Athens shall be eligible to hold any other public elective office while holding municipal elective office of the City of Athens, nor shall any municipal elective officer of the mayor and council of the City of Athens be eligible to enter as a candidate any political party primary or general election for any other public elective office while holding a municipal elective office of the mayor and council of the City of Athens, except a municipal elective officer may enter a political party primary or a general election as a candidate to succeed himself as an incumbent of the office held or a public elective office created by charter for any successor government of the mayor and council of the City of Athens. No person shall be eligible to hold a municipal elective office of the mayor and council of the City of Athens while holding another public elective office..... and inserting in lieu thereof the following: No municipal elective officer of the Mayor and Council of the City of Athens while holding such office shall be eligible to hold any other public elective office. A municipal elective officer of the Mayor and Council of the City of Athens shall be eligible to enter as a candidate any political party primary or general election as a candidate to succeed himself as an incumbent of the municipal elective office held or a public elective office created by Charter for any successor government of the Mayor and Council of the City of Athens. Such shall not affect his term of office. A municipal elective officer of the Mayor and Council of the City of Athens while holding such office shall also be eligible to enter as a candidate any political party primary or general election for any public elective office other than that to succeed himself as an incumbent or a public elective office created by Charter for any successor government of the City of Athens, but in such event he shall be deemed to have resigned his municipal office held as of the end of the calendar year in which such occurs. If the term of his municipal elective office would have run beyond the end of calendar year, an election shall be called to fill the balance of the unexpired term of said office. No person shall be eligible to hold a municipal elective office of the Mayor and

Page 2907

Council of the City of Athens while holding another public elective office; nor shall any person while holding a public elective office, except as permitted herein, be eligible to enter any political party primary or general election as a candidate for municipal elective office of the City of Athens. so that amended said section 3A shall read as follows: Section 3A. No municipal elective officer of the Mayor and Council of the City of Athens while holding such office shall be eligible to hold any other public elective office. A municipal elective officer of the Mayor and Council of the City of Athens shall be eligible to enter as a candidate any political party primary or general election as a candidate to succeed himself as an incumbent of the municipal elective office held or a public elective office created by Charter for any successor government of the Mayor and Council of the City of Athens. Such shall not affect his term of office. A municipal elective officer of the Mayor and Council of the City of Athens while holding such office shall also be eligible to enter as a candidate any political party primary or general election for any public elective office other than that to succeed himself as an incumbent or a public elective office created by Charter for any successor government of the City of Athens, but in such event he shall be deemed to have resigned his municipal office held as of the end of the calendar year in which such occurs. If the term of his municipal elective office would have run beyond the end of calendar year, an election shall be called to fill the balance of the unexpired term of said office. No person shall be eligible to hold a municipal elective office of the Mayor and Council of the City of Athens while holding another public elective office; nor shall any person while holding a public elective office, except as permitted herein, be eligible to enter any political party primary or general election as a candidate for municipal elective office of the City of Athens. Public or municipal elective office or officer shall mean such as elected by the people. A breach of said provisions by a municipal elective officer shall create an immediate vacancy in any municipal elective office held by such person, and if breached by any other public elective officer he

Page 2908

shall be ineligible and disqualified to hold the municipal elective office for the term sought by him. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that the Mayor and Council of the City of Athens intends to apply to the General Assembly of Georgia at the 1971 Session thereof, for the passage of a local bill to amend the Charter of the Mayor and Council of the City of Athens (Ga. L. 1872, p. 127), approved August 24, 1872, as amended, particularly Ga. L. 1968, page 2830, so as to provide that a municipal elective office of The Mayor and Council of the City of Athens while holding such office shall also be eligible to enter as a candidate any political party primary or general election for any public elective office other than to succeed himself as an incumbent or a public elective office created by charter for any successor government of the City of Athens, but in such event he shall be deemed to have resigned his municipal office as of the end of the calendar year in which such occurs; to repeal conflicting laws; and for other purposes. This 15th day of December, 1970. The Mayor and Council of the City of Athens /s/ Julius F. Bishop, Mayor Georgia, Clarke County. Personally before me, the undersigned attesting officer authorized by law to administer oaths, appeared N. S. Hayden, who, being put upon oath, certifies, deposes and swears that he is the publisher of the Athens Daily News; that the Athens Daily News is the newspaper in which sheriff's advertisements are published in Clarke County, Georgia; and that the foregoing notice of intention to apply

Page 2909

for local legislation was published in the Athens Daily News on December 18 and 26, 1970, and January 2, 1971. N. S. Hayden Certified, sworn to and subscribed before me, this 8th day of January, 1971. /s/ Frances P. Carter Notary Public, Clarke County, Georgia. My Commission Expires Aug. 5, 1973. (Seal). Approved April 5, 1971. CITY OF ATHENSCHARTER AMENDEDRETIREMENT BENEFITS. No. 356 (House Bill No. 7). An Act to amend an Act approved August 24, 1872, entitled An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof, which said Act of 1872 changed the name of the Town of Athens to the City of Athens, and as amended by the several subsequent Acts amendatory thereof, particularly by Ga. L. 1965, page 2117, et seq., approved March 3, 1965, so as to provide for automatic qualification for 120 months guaranteed certain plan as provided thereby with option to change to a regular retirement benefit and to provide a special death benefit for participant's spouse; 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 approved August 24, 1872, entitled An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof, which said Act of 1872 changed the name

Page 2910

of the Town of Athens to the City of Athens, and as amended by the several subsequent Acts amendatory thereof, particularly by Ga. L. 1965, at page 2117, et seq., approved March 3, 1965, be and is hereby amended by striking from section 9 of said latter Act the following: .....A participant may elect in lieu of the normal form of retirement the following: (a) By electing at least three years prior to his actual retirement a reduced monthly pension with a guarantee of 120 monthly payments to him or his beneficiary selected by him in writing and filed with the Board of Trustees, with the stipulation that such pension will be paid him for the rest of his natural life should he live beyond 120 monthly payments. The amount of such reduced monthly pension shall be equal to 92% of the amount payable under section 6 or 7 whichever is applicable. If a participant, who has elected this option should die after his normal retirement date and prior to his deferred retirement date, his beneficiary shall become entitled to benefits payable for 120 months in an amount equal to the amount which would have been payable to the participant had he retired on the date of his death with the option for life annuity with 120 payments guaranteed operative. and inserting in lieu thereof the following: A participant upon his employment shall be deemed to automatically qualify for the 120 monthly payments guaranteed with a life annuity thereafter. The same shall not affect any option to which he may be entitled under section 6(b) of said Act. The participant may at any time prior to his retirement elect to take the normal form of retirement in lieu thereof: (a) 1. Said 120 monthly payments guaranteed with a life annuity shall consist of a reduced monthly pension with a guarantee of 120 monthly payments to him or his beneficiary selected by him in writing and filed with the Board of Trustees with the stipulation that such pension will be paid to him for the rest of his natural life should he live

Page 2911

beyond 120 monthly payments. The amount of such reduced monthly pension shall be equal to 92% of the amount payable under section 6 or 7 whichever is applicable. This benefit shall be in lieu of any other benefit provided for hereunder. If a participant, entitled to 120 months guaranteed plan should die after his normal retirement date and prior to his deferred retirement date, his beneficiary shall become entitled to benefits payable for 120 months in an amount equal to the amount which would have been payable to the participant had he retired on the date of his death with the option for life annuity with 120 payments guaranteed operative. 2. If a participant should die during his service with the city after he shall have become vested and attain the age of 55 years, then the spouse shall be entitled to a benefit of 92% of the employee's early retirement benefit based upon the employee's years of service to the month in which death occurred. The same shall be computed as if such decreased employee retired at the first of the month preceding death. This benefit shall be paid to the earlier of (a) 120 monthly payments, (b) the death of the surviving spouse, or (c) to the date of remarriage of the surviving spouse; provided that this death benefit payable above shall not be given unless it is greater than any other benefit provided for by the retirement plan and shall not be given in addition to any other benefit provided thereby. This benefit shall take effect on January 1, 1971. so that section 9, after amendment, shall read as follows: Section 9. Normal form of pensions . Payment of pensions in the normal form shall commence on the participant's actual retirement date, if he is then living, and shall be payable monthly thereafter during his lifetime terminating with the last payment preceding the death of such participant. A participant upon his employment shall be deemed to automatically qualify for the 120 monthly payments guaranteed with a life annuity thereafter. The same shall not affect any option to which he may be entitled under section 6(b) of said Act. The participant may at any

Page 2912

time prior to his retirement elect to take the normal form of retirement in lieu thereof: 9 Amended. (a) 1. Said 120 monthly payments guaranteed with a life annuity shall consist of a reduced monthly pension with a guarantee of 120 monthly payments to him or his beneficiary selected by him in writing and filed with the Board of Trustees with the stipulation that such pension will be paid to him for the rest of his natural life should he live beyond 120 monthly payments. The amount of such reduced monthly pension shall be equal to 92% of the amount payable under section 6 or 7 whichever is applicable. This benefit shall be in lieu of any other benefit provided for hereunder. If a participant, entitled to 120 months guaranteed plan should die after his normal retirement date and prior to his deferred retirement date, his beneficiary shall become entitled to benefits payable for 120 months in an amount equal to the amount which would have been payable to the participant had he retired on the date of his death with the option for life annuity with 120 payments guaranteed operative. 2. If a participant should die during his service with the city after he shall have become vested and attain the age of 55 years, then the spouse shall be entitled to a benefit of 92% of the employee's early retirement benefit based upon the employee's years of service to the month in which death occurred. The same shall be computed as if such deceased employee retired at the first of the month preceding death. This benefit shall be paid to the earlier of (a) 120 monthly payments, (b) the death of the surviving spouse, or (c) to the date of remarriage of the surviving spouse; provided that this death benefit payable above shall not be given unless it is greater than any other benefit provided for by the retirement plan and shall not be given in addition to any other benefit provided thereby. This benefit shall take effect on January 1, 1971. (b) Any participant selecting the option under subparagraph (b) of section 6 shall have then pension paid in accordance with such pension and not hereunder.

Page 2913

(c) By electing at least three years prior to his actual retirement a contingent annuitant option which provides an actuarially reduced benefit payable to the pensioner during his lifetime and for the continuance of such retirement benefit payments in either the same or a percentage of such reduced amount to a contingent annuitant, if living, after the pensioner's death. The monthly payments to the contingent annuitant shall commence on the first day of the calendar month following the month in which the pensioner dies, if the contingent annuitant is then living, and shall continue monthly with the last payment due for the month in which the contingent annuitant's death occurs. Section 2 . This Act shall take effect upon its approval by the Governor. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that the Mayor and Council of the City of Athens intends to apply for and seek passage of legislation at the Regular 1971 Session of the General Assembly of Georgia, which would change certain provisions applicable to the pension plan of the Mayor and Council of the City of Athens as contained in its charter appearing at Ga. L. 1965, pp. 2117, et. seq.; and for other purposes. This 15th day of December, 1970. The Mayor and Council of the City of Athens /s/ Julius F. Bishop, Mayor. Georgia, Clarke County. Personally before me, the undersigned attesting officer authorized by law to administer oaths, appeared N. S. Hayden, who, being put upon oath, certifies, deposes and

Page 2914

swears that he is the publisher of the Athens Daily News; that the Athens Daily News is the newspaper in which sheriff's advertisments are published in Clarke County, Georgia; and that the foregoing notice of intention to apply for local legislation was published in the Athens Daily News on December 18 and 26, 1970, and January 2, 1971. /s/ N. S. Hayden Certified, sworn to and subscribed before me, this 8th day of January, 1971. /s/ Frances P. Carter Notary Public, Clarke County, Georgia. My Commission Expires Aug. 5, 1973. (Seal). Approved April 5, 1971. CALHOUN COUNTYORDINARY PLACED ON SALARY, ETC. No. 362 (House Bill No. 72). An Act to abolish the present mode of compensating the ordinary of Calhoun 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 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 Calhoun County, known as the fee system, is hereby

Page 2915

abolished, and in lieu thereof an annual salary for such officer is prescribed as hereinafter provided. Section 2 . The ordinary of Calhoun County shall receive an annual salary of $6,000, payable in equal monthly installments from the funds of Calhoun County. Section 3 . The ordinary of Calhoun 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 governing authority 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 sources thereof. Section 4 . The necessary operating expenses of the ordinary's office, expressly excluding compensation of any 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 retirements shall be subject to approval of the governing authority of Calhoun County. Section 5 . 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. Section 6 . The provisions of this Act shall become effective when approved by the Governor. Effective date.

Page 2916

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 1971 Session of the General Assembly of Georgia, a bill to place the Ordinary of Calhoun County on a salary system of compensation in lieu of the fee system; to provide for office equipment and supplies, and to provide that all fees shall be transferred to the county Treasury; and for other purposes. This 17th day of December, 1970. J. T. Dailey Representative, 53rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. T. 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 Calhoun County News which is the official organ of Calhoun County, on the following dates: December 25, 31, 1970 and January 5, 1971. /s/ J. T. Dailey Representative, 53rd District Sworn to and subscribed before me, this 13th day of January, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971.

Page 2917

CLAYTON COUNTY PENSION BOARD CREATED. No. 363 (House Bill No. 85). An Act to create a system of pensions and retirement pay for officers, deputies and employees of Clayton County and the Clayton County Water Authority; to create the Clayton County Pension Board; to provide for the number of members of said Board and the manner in which they are appointed or elected; to provide for terms of office; to provide for the method of electing officers and the manner of holding meetings; to define the powers and duties of the Board; to prescribe the manner in which county officers and employees may become eligible for pension benefits; to prescribe pension benefits classified as normal retirement benefits, early retirement benefits, deferred retirement benefits, optional retirement benefits, disability retirement benefits, death benefits prior to retirement and termination of service benefits; to provide for the election of optional retirement benefits and to define such benefits; to provide for the deisgnation of beneficiaries; to create a pension fund to be administered by said Pension Board; to prescribe the contributions to said fund by Clayton County; to prescribe for an actuarial review of pension plan; to provide for an increase and decrease in contributions under certain conditions; to provide for physical examination of disability claimants; to provide for hearings before the Pension Board; to provide for the discontinuance of disability benefits under certain conditions; to authorize the Clerk of the Board to issue subpoenas requiring attendance of witnesses and production of documents; to provide that any person failing to attend or produce any record required of him shall be guilty of contempt; to provide penalties for contempt; to provide for the investemnt of pension funds; to provide for the voting of stock held by the fund; to provide for the employment of agents and expert assistants; to provide that the Board may delegate ministerial and limited discretionary duties; to provide that the Board shall not be responsible for any loss accruing as a result of the action of any agent selected by them with reasonable care; to authorize the Board to

Page 2918

consult with legal counsel; to provide that the Board shall be fully protected in acting upon the advice of such legal counsel with respect to questions of law; to provide for an annual appraisal of funds; to provide for annual audits; to provide for the payment of funds for reasonable fees for legal counsel, agents and expert assistance engaged to manage the funds and fees of actuaries and all other actiaroes and all other necessary operating expenses incurred by the Pension Board; to authorize the Pension Board to promulgate rules and regulations; to provide that pension benefits shall not be assignable and shall not be subject to garnishment, attachment, or levy; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . There is hereby authorized and created the Clayton County Pension Board to consist of five members, one of whom shall be the Chairman of the Board of County Commissioners, one of whom shall be the Chairman of the Clayton County Water Authority, one of whom shall be the Director of the Clayton County Civil Service Board, one of whom shall be the Comptroller/Administrative Assistant of Clayton County. Created. Members. The fifth member of the Board shall be selected by and appointed to the Pension Board by the four members enumerated and must be a citizen of Clayton County, not less than twenty-five years of age, and experienced in business or professional work and not in the employment of the State, any County, or Municipal Government. In the case of a tie, the senior Judge of the Clayton Judicial Circuit shall appoint the fifth member. The fifth member of the Board shall serve for a term of four years or until his successor is selected and qualified. The fifth member may succeed himself on the Board. Other members shall serve on said Board by virtue of their elected or appointed position in the employ of Clayton County. Section 2 . The members of the Pension Board shall

Page 2919

serve without pay, shall elect their own Chairman, Vice Chairman, and Secretary, and shall delegate to them their respective duties. The Comptroller/Administrative Assistant of Clayton shall act as Clerk of the Pension Board and in which capacity shall keep all of the records, books, and minutes of said Board. Election of officers. Section 3 . The Pension Board shall hold annually a minimum of four regular meetings in the Courthouse, open to the public, and such special meetings as shall be called by the Chairman, or a majority of the Board members. Clerk of the Board shall give written notice to the members of all regular and special meetings. Meetings. Section 4 . A majority of the members of the Pension Board shall constitute a quorum for all purposes. A quorum of said Pension Board shall be necessary for the transaction of any business or the conduct of any hearings before said Board, and no pension shall be granted without the affirmative vote of at least three members of the Board. Quorum. Section 5 . All County employees, deputies, department heads, and Clayton County Water Authority employees who are employed full time on the effective date of this Act are eligible to come under the terms and provisions of this Act. Any person, except (as set out in the above sentence) who is at or above normal retirement age as set out hereunder, who becomes a full-time employee as classified above after the effective date of this Act who has not reached the age of 56 years at the time of employment after the passage of this Act shall become a member of the Retirement System as a condition of this employment on the anniversary date following the completion of two years of continuous service in the employ of Clayton County. Not withstanding any other provisions of this Act, employees who have reached the age 56 years at the time of employment after the passage of this Act shall not be eligible for pension benefits. Eligible employees. Employees and deputies as terms are used herein shall include employees and deputies of Clayton County, of the Clayton County Water Authority, employees, department

Page 2920

heads, and deputies or County officers by whatever name or title employed or deputized, who perform full-time service for the benefit of Clayton County and are paid a full-time salary for such service. Where the County is used herein pertaining to employees, it shall also include the Clayton County Water Authority. Section 6 . On and after the effective date of this Act, any qualified employee as designated in section 5 may apply for and obtain a pension under the terms and amounts hereinafter set forth. Such employees coming under the provisions of this Act are hereinafter referred to as participants. Benefits paid hereunder shall be classified: (a) Normal Retirement Benefits (b) Early Retirement Benefits (c) Deferred Retirement Benefits (d) Optional Retirement Benefits (e) Disability Retirement Benefits (f) Death Benefits Prior to Retirement (g) Termination of Service Benefits. (a-1) Normal Retirement Date . The normal retirement date for any participant of the Plan shall be the first day of the month following his attainment of age 65, or alternatively, the first of the month following his completion of 35 years of credited service, but in no event prior to age 62. (a-2) Normal Retirement Benefit . The participant, upon retirement on his normal retirement date will receive a monthly pension payable for life equal to 1 percent of his final average salary multiplied by his years of credited service less 1 percent of his primary Social Security benefit

Page 2921

multiplied by his years of credited service. In no event shall the Social Security reduction be more than 50 percent of the employee's primary Social Security benefit. For purpose of determining benefits, credited service is to be calculated as years and completed months of continuous employment with the County on a full-time, permanent basis from the last date of employment up to the date eligible to receive benefits. Average salary to be used for the calculation of benefits will be determined as 1/12 of the arithmetic average of the employee's five (5) highest consecutive years of compensation received during the last ten (10) years of his employment, as determined by his W-2 earning statement, provided, however, that if retirement occurs prior to the completion of five years of service, such average shall be computed with respect to annual compensation during the total years prior to retirement. Unless an optional form of retirement income is elected by the employee, his retirement benefit will be payable for life, but guaranteed to be payable to him or to his designated beneficiary for at least 60 months. (b-1) Early Retirement Date . The early retirement date of a participant shall be the first day of any month following the attainment of 62 and who has completed at least 20 years of credited service at said time. (b-2) Early Retirement Benefits . A participant, upon retirement on an early retirement date, shall receive an immediate monthly early retirement benefit calculated according to the pension formula reflecting his salary and service at the date of such early retirement, to be paid during the lifetime of the participant with a minimum of 60 monthly payments to the participant or his beneficiary. Benefit so computed shall be actuarially reduced to reflect the shorter period of accumulation of reserves and the longer period over which the benefit is expected to be paid. (c-1) Deferred Retirement Date . A participant may, upon

Page 2922

request of his department head and with concurrence of the Pension Board, remain in the employ of the County on a year-to-year basis beyond his normal retirement date. (c-2) Deferred Retirement Benefits . The participant, upon his deferred retirement date shall receive monthly retirement benefits computed in the same manner as for a normal retirement benefit and the same benefit that would have been payable had the participant retired at his normal retirement date payable for life but guaranteed to be payable to him or his designated beneficiary for at least 60 months. (d-1) Election of Optional Retirement Benefits . A participant may elect, or revoke a previous election and make a new election at any time, at least one year prior to retirement, to receive his income under one of the options hereinafter set forth in lieu of the retirement benefit he is otherwise entitled to receive and such benefits shall be paid in accordance with the terms of such elected option. Election of any option must be made by the participant in writing. (d-2) Descriptions of Options . (1) Ten year certain and life under which the benefits are payable for the lifetime of the participant, but guaranteed to be payable to him or his designated beneficiary for at least ten years or 120 months, such reduced monthly benefits to be actuarially equivalent of the amount of benefit that would otherwise be payable to the participant. Actuarial equivalent shall, for all participants, be as the Pension Board may hereafter adopt. Based upon the recommendations of the actuary or firm of consulting actuaries from time to time. (2) Joint and Survivor Income under which the participant can elect to receive a reduced pension so that upon the participant's death, if the participant's spouse is then alive, such spouse will be entitled to receive a continuation of all or a portion of the benefit which the participant was receiving, for the remainder of such spouse's lifetime. Such reduction in the participant's pension for this option to be based upon the proportion which he wishes to have continued

Page 2923

to his beneficiary and the age and sex of the beneficiary. A participant who elects this option should designate a person to receive the benefits which continue to be payable upon the death of the participant. Such person shall be the joint annuitant of the participant. The election by a participant of this option shall be null and void if either the participant or his designated joint annuitant shall die before benefits commence. In the event this election becomes null and void, the participant shall have the right to name another joint annuitant or elect another option under which circumstances the one year requirement in subsection (d-1) shall be waived. (e-1) Disability Retirement Date . The disability retirement date of a participant becoming totally and permanently disabled after completion of three (3) years of service, shall be the first day of the month after the Pension Board has determined to its satisfaction that the participant is so disabled. (e-2) Disability Retirement Benefit . Upon retirement on his disability retirement date, a participant shall receive a monthly retirement benefit payable on the first day of each month thereafter during the lifetime of the participant and continuation of disability. The amount of such monthly retirement payments shall be equal to 50 percent of the participant's monthly rate of earnings as of the date of disability minus the amount of primary benefits to which the participant may be entitled under the Federal Social Security Act, but not less than the full accrued benefit computed in the same manner as for a normal retirement benefit, but based on average compensation and service of the participant as of his disability retirement date. (f-1) Death Benefits Prior to Retirement . In the event that a participant is killed in the performance of his duty his spouse will be entitled to a monthly income for life or until re-marriage equal to 50 percent of the benefit which the participant would have received at his otherwise normal retirement age based upon his annual compensation in the calendar year preceding his death.

Page 2924

(g-1) Termination Benefits . If a participant voluntarily or involuntarily leaves the employ of the County other than by death, disability, or retirement, and if such termination of services occurs after the completion of ten (10) years of credited service, the participant will be entitled to a vested pension payable at his otherwise normal retirement age, but based upon the pension accrued to the time of such termination. The proportion of the benefit vested will be as follows: Years of Credited Service At Date of Termination Percentage of Pension Vested 10 years 50% 11 years 60% 12 years 70% 13 years 80% 14 years 90% 15 years (or more) 100% The participant must notify the Pension Board as to his whereabouts when he reaches age 65 and also provide to the satisfaction of the Pension Board his identity to qualify and receive such benefits. Section 7 . There is hereby created a Pension Fund to be administered by the Clayton County Pension Board and from which this Board shall pay the benefits as set out hereinbefore to the participants therein, said fund to consist of contributions from Clayton County, the Clayton County Water Authority as set out hereinafter and its accumulation by investments and reinvestments under the direction and control of the Pension Board as set out hereinafter. Pension fund. Section 8 . The Governing Authority of Clayton County and the Clayton County Water Authority shall appropriate to the pension fund annually to be paid in quarterly installments, a sum of not less than 7 percent of their payroll cost for covered employees for a period of three years following the effective date of this Act. Appropriations.

Page 2925

Within sixty (60) days prior to the end of the first three year period, next following the effective date of this Act, it shall be the duty of the Governing Authority of Clayton County with advice of the Pension Board to employ some qualified actuary or firm of actuaries to analyze the Clayton County Pension Plan and Fund and report thereon to the Pension Board its findings. In the event such report reveals that the appropriations herein provided are insufficient to maintain the plan on a sound basis, it shall be the duty of the Governing Authority of Clayton County and the Clayton County Water Authority to appropriate such additional sums for the next three years as would be necessary to maintain the fund and the Plan on a sound financial basis. Should the actuary or firm of actuaries find that a lesser appropriation by the aforesaid would maintain the fund on a sound financial basis, then Clayton County and its Water Authority is authorized, upon approval of the Pension Board, to decrease its contribution to the percentage of the total payroll found by the actuary or firm of actuaries to be sufficient to maintain the Plan and fund on such financial basis. Thereafter, the Pension Plan shall be actuarily reviewed a minimum of one time every three years and adjustments made, if found necessary, as set out herein. Actuary. Section 9 . Whenever an application for disability pension has been filed, the applicant shall submit therewith a signed certificate from a licensed, practicing physician of Georgia certifying to the disability of such applicant for a pension. Promptly thereafter the Pension Board shall order the applicant to be examined by a physician to be named by the Board who likewise shall certify the physical ability or disability of the applicant. In the event the certificate of the respective physicians generally agree upon disability, such facts shall be conclusive as to the physical condition of the applicant and the Pension Board shall grant a pension in the appropriate amount. In the event the certificates of the aforesaid physicians disagree as to the condition of the applicant, then under these circumstances, the Pension Board shall conduct a hearing for the purpose of determining the true condition of the applicant

Page 2926

and the decision of the Board after a hearing shall be final as to the physical condition of the applicant. Section 10 . The Pension Board shall have the right at intervals of not less than one year to require an examination of all participants receiving disability pensions under the provisions of this Act, and in the event such participants are found not to be disabled, may after hearing evidence thereon and giving participants opportunity to be heard, discontinue such participant's disability pension. Provided further that in the event such participant receiving disability benefits refuses to submit to a physical examination after thirty (30) days notice to report for such examination, the Pension Board shall discontinue payments of benefits until he submits to such examination, and the participant shall be deemed to have forfeited his benefits during the time of refusal to so submit to a physical examination. Examination of disability recipients. Section 11 . In any hearing before the Pension Board, the Clerk of the Pension Board shall have the authority to issue subpoenas in the name of the Board, requiring the attendance of witnesses and the production of documents for the purpose of being used as evidence before said Board. Any witness failing to attend or to produce any record required of him, without legal excuse, shall be guilty of contempt of the Board and may be fined for same as if such person or legal entity were in contempt of an order of the Superior Court of Clayton County, Georgia. Subpoenas. Contempt. Section 12 . The Pension Board shall have authority to invest and reinvest money which is held for the purpose of paying pensions, but which is not needed for the immediate payment thereof, as determined by the Board, in securities of the United States of America, including securities of agencies of said Government, the State of Georgia, or insured savings and loan associations and state and national banks, corporate bonds and debentures or other evidence of indebtedness assured or guaranteed by any solvent institution existing under the law of the United States of America which are not in default as to principal or interest and which are secured by collateral worth at

Page 2927

least fifty percent (50%) more than the par value of the entire issue of such obligations, but only if not more than one-third of the total value of such required collateral consist of common stock; corporate stocks which are non-assessable dividend paying stocks, common or preferred in corporations having an A rating or better according to Standard and Poor or Moody index current at the time of the investment, provided cash dividend on such common stock shall have been paid out of current earnings in at least two of the last three years preceding the purchase, provided, however, that the pension fund shall not own more than ten percent (10%) of the issued and outstanding share of any one corporation; in first loans on real estate that are guaranteed or insured by the Federal Government, provided these loans are handled and serviced by an investment firm engaged in that business and at a service rate not to exceed the usual charge made by said firm for other like investors, provided that the Pension Board shall not have invested in such real estate loans at any one time more than 20 percent of the entire Pension fund; and in any other investment recommended by the expert agents and assistants hereinafter stipulated. Investments. Section 13 . The Chairman of the Pension Board shall exercise the voting rights pertaining to any security at any time held in the fund, and accept and hold any securities issued in connection therewith in accordance with Rules and Procedures and Requirements as may be adopted and delegated by the Pension Board. Security. Section 14 . The Pension Board, in the management of the pension fund, may employ agents and expert assistants and delegate to them such ministerial and limited discretionary duties as it sees fit. Said Board shall not be responsible for any loss occurred by any agent selected by it with reasonable care, and shall be fully protected in acting upon the advice of expert assistants. Personnel. Section 15 . The Pension Board shall have the authority as often as such Board deems necessary to consult with legal counsel and shall be fully protected in acting upon the advice of such counsel with respect to questions of law. Counsel.

Page 2928

Section 16 . The Pension Board shall annually have an appraisal made of funds invested by a qualified investment appraisal firm for the purpose of ascertaining productivity and soundness of investments and will use such appraisals in their responsibility of providing and insuring the best possible investments at all times. Appraisal. Section 17 . The Pension Board shall have an audit made annually, by the auditors employed by Clayton County, of the pension fund and make report of such audit examination to the County Governing Authority. Audit. Section 18 . The Pension Board shall have the authority to direct the payment from its funds, reasonable fees for legal counsel, agents and expert assistants engaged to manage the funds, fees of actuaries or firm of actuaries, employed by them, investment appraisals costs, annual audits, and all other necessary operating expenses incurred by the Pension Board. Expenses. Section 19 . Immediately following the effective date of this Act, it shall be the duty of the Pension Board herein created to promulgate rules and regulations consistent with, but not inconsistent with this Act, providing for procedures to administrate these pension funds for the benefit of those entitled to be compensated from such funds. Rules regulations. Section 20 . None of the benefits granted under the terms and conditions of this Act shall be assignable by the participant, or anyone claiming under him whether as beneficiary or joint annuitant, nor shall any benefits payable hereunder be subject to garnishment, attachment, garnishment in attachment, levy, or any other judicial process. Non-assignable. Section 21 . Should any provision of this Act be held unconstitutional or invalid, the remainder of the Act, shall remain in full force and effect. Severability. Section 22 . This Act shall become effective July 1, 1971; however, no benefits shall be payable until after January 1, 1972. Effective date.

Page 2929

Section 23 . 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, 1971 session of the General Assembly of Georgia a bill to create a complete system of pensions and retirement pay for employees of Clayton County, to establish a pension board, and to provide a method of payment, to provide for the county to make contributions for payment of benefits, to prescribe conditions under which pensions may be granted, to provide for investment of funds and for other purposes. This 22nd day of December, 1970. Terrell Starr, Senator W. J. Lee, Representative Arch Gary, Representative Lamar Northcutt Representative 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 which is the official organ of Clayton County, on the following dates: December 25, 1970, January 1, January 8, 1971. /s/ William J. Lee Representative, 21st District

Page 2930

Sworn to and subscribed before me, this 14th day of January, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. FULTON COUNTY JUDGES' AND SOLICITOR GENERALS' RETIREMENT FUND ACT AMENDED. No. 368 (House Bill No. 147). An Act to amend an Act creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County, approved January 31, 1946 (Ga. L. 1946, p. 299), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 3181) and an Act approved March 26, 1968 (Ga. L. 1968, p. 2864), so as to make certain persons eligible to become members of the retirement fund; to allow certain eligible persons to become members of the retirement fund; to prescribe the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County, approved January 31, 1946 (Ga. L. 1946, p. 299), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 3181), and an Act approved March 26, 1968 (Ga. L. 1968, p. 2864) is hereby amended by adding thereto the following: (a) Any person appointed as an assistant district attorney in the Atlanta Judicial Circuit, in accordance with an Act approved March 24, 1970 (Ga. L. 1970, p. 716)

Page 2931

whose salary or compensation is paid in part by Fulton County or out of funds of Fulton County shall be eligible for membership and pension benefits under said Act based on the total salary and compensation received by said assistant district attorney from State funds as well as Fulton County funds. (b) Benefits payable and payments into the fund shall be based upon the aggregate of the salary or compensation not in excess of Eighteen Thousand ($18,000.00) Dollars paid to each such assistant district attorney to whom this Act refers by the State of Georgia and by Fulton County or out of funds of Fulton County as a county supplement, and payments into the fund shall be deducted from the portion of the salary or compensation of such assistant paid as county supplement and deposited into the fund. (c) In the event any assistant district attorney to whom this Act refers shall become eligible or be deemed or held eligible to participate in any retirement or pension system applicable to the officers and employees of the State of Georgia, he shall, unless otherwise prohibited, be eligible to become or remain a member of said Judges' and Solicitor Generals' Retirement Fund, but may not participate in both said fund and a State system. Section 2 . Said Act referred to in the caption hereof is hereby further amended by striking from section 5 (c) of said Act as the same appears in the Act approved March 26, 1968 (Ga. L. 1968, p. 2864) the words and figures within thirty (30) days after the approval of this Act and inserting in lieu thereof the words and figures on or before July 1, 1971. 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 of intention to apply for local legislation at the regular session of the General Assembly of Georgia convening in January, 1971, to amend an Act

Page 2932

creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County, approved January 31, 1946 (Ga. L. 1946, p. 299), as amended, so as to make certain persons eligible to become members of the retirement fund; to allow certain eligible person to become members of the retirement fund; to prescribe the procedures connected therewith; and any other matters germane to said Act, as amended. This 17th day of December, 1970. Lewis R. Slaton, District Attorney, Atlanta Judicial Circuit Georgia, Fulton County. 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 21, 28th days of December, 1970, and on the 4th days of January, 1971. As provided by law. /s/ Mildred N. Lazenby Subscribed and sworn to before me, this 8th day of January, 1971. /s/ Maiodis F. Palmer, Notary Public Georgia, State at Large. My Commission Expires Jan. 19, 1972. (Seal). Approved April 5, 1971.

Page 2933

FULTON COUNTY BOARD OF EDUCATION RETIREMENT ACT AMENDED TO DEFINE MINOR CHILDREN. No. 369 (House Bill No. 175). 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 change the definition of minor children from 18 years of age to 21 years of age; 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 . Said Act as amended is further amended by striking from said Act as amended the words 18 years wherever they appear, and substituting in lieu thereof the words 21 years. 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

Page 2934

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 1971 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 H. Purdee, Chairman Fulton County School Pension Board Lula B. Carson, Executive Secretary Georgia, Fulton County. 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 16, 31, 30 days of December, 1970, and on the 5 days of January, 1971. As provided by law. /s/ Mildred N. Lazenby Subscribed and sworn to before me, this 12th day of January, 1971. /s/ Maiodis F. Palmer, Notary Public Georgia, State at Large. My Commission Expires Jan. 19, 1972. (Seal). Approved April 5, 1971.

Page 2935

FULTON COUNTY BOARD OF EDUCATION RETIREMENT ACT AMENDED TO PROVIDE FOR OVERPAYMENT REFUNDS. No. 370 (House Bill No. 176). 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 provide for refund of overpayments of employees' contributions; 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 . Said Act as amended is further amended by adding a new section to be known as section 32 which shall read as follows: Section 32. If through inadvertence or mistake any member has paid to the Pension Board in the past or should pay in the future, either by salary deduction or direct payment, any sum which is in excess of the contributions which should have been paid by the member, then the Pension Board, upon request of the member, or upon the Pension Board's own motion, shall refund such overpayment to the member, or if such member is deceased, to his beneficiary. 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

Page 2936

shall not affect the validity of this Act as a whole or any part thereof other than the part so held to be unconstitutional. Severability. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply to the January 1971 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 H. Purdee, Chairman Fulton County School Pension Board /s/ Lula B. Carson, Executive Secretary Georgia, Fulton County. 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 publication, of which the annexed is a true copy, was published in said paper on the 16, 23, 30 days of December, 1970, and on the 5 day of January, 1971. As provided by law. /s/ Mildred N. Lazenby

Page 2937

Subscribed and sworn to before me, this 12th day of January, 1971. /s/ Maiodis F. Palmer, Notary Public Georgia, State at Large. My Commission Expires Jan. 19, 1972. (Seal). Approved April 5, 1971. FIREMEN'S PENSION SYSTEM AMENDED (150,000 OR MORE). No. 371 (House Bill No. 183). An Act to amend an Act approved August 13, 1924 (Ga. L. 1924, p. 167, et seq.), and the several Acts amendatory thereof, 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 provide additional pension benefits; to provide deferred pension benefits to those persons leaving the employment of said city after completing twenty (20) years of active service and upon subsequently attaining sixty-five (65) years of age; to provide for benefits to the beneficiaries of such person upon such person's death; to provide for such person continuing under the various amendments to this Act, as amended, upon reemployment with such city; 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, that the Act described in the caption hereof, as amended, be and the same is further amended as follows: Section 1 . When any person coming within the provisions of this Act, as amended, shall have completed twenty

Page 2938

(20) years of active service with such city and not yet have reached the age of sixty-five (65) years, then such person shall have the right to terminate his employment with such city upon completion of said twenty (20) years, or at any time thereafter; elect not to withdraw or have paid to such person the amount which such person would have paid into the pension fund prior to terminating such employment; and upon subsequently attaining sixty-five (65) years of age commence to receive at said time the benefits to which such person would have been entitled had such person otherwise retired as a matter of right in accordance with the applicable provisions of this Act, as amended. Should such person have provided for the payment of a pension to the beneficiary of such person, as authorized by said Act, as amended, by making the required payments or contributions to the pension fund, then after terminating the employment with such city and upon the death of such person, either before or after attaining sixty-five (65) years of age, such person's beneficiary designated under the terms of this Act, as amended, shall be entitled to all of the benefits provided for such beneficiary as set forth in the relevant and applicable sections of this Act, as amended. Should such person, after having left the employment with such city after twenty (20) years of active service, become reemployed by such city, then such person at such time shall have the right to continue under the provisions of the amendments to said Act which such person was under prior to the termination of such employment, or may elect to come under any amendments to said Act enacted subsequently to the termination of such person's employment and as might exist and be in effect at the time of said reemployment, upon there being made such payments or contributions to the pension fund, through deductions from salary or otherwise, as might be required by said Act, as amended. Section 2 . All laws and parts of laws in conflict herewith are hereby repealed. Approved April 5, 1971.

Page 2939

PENSIONS FOR MUNICIPAL EMPLOYEES ACT AMENDED (150,000 OR MORE). No. 372 (House Bill No. 185). 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 such 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 deferred pension benefits to those persons leaving the employment of said city after completing twenty (20) years of active service and upon subsequently attaining sixty-five (65) years of age; to provide for benefits to the beneficiaries of such person upon such person's death; to provide for such person continuing under the various amendments to this Act, as amended, upon reemployment with such city; 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, that the Act described in the caption hereof, as amended, be and the same is further amended as follows: Section 1 . When any person coming within the provisions of this Act, as amended, shall have completed twenty (20) years of active service with such city and not yet have reached the age of sixty-five (65) years, then such person shall have the right to terminate his employment with such city upon completion of said twenty (20) years, or at any time thereafter; elect not to withdraw or have paid to such person the amount which such person would have paid into the pension fund prior to terminating such employment; and upon subsequently attaining sixty-five (65) years of age commence to receive at said time the benefits to which such person would have been entitled had such person otherwise retired as a matter of right in accordance with the applicable provisions of this Act, as amended.

Page 2940

Should such person have provided for the payment of a pension to the beneficiary of such person, as authorized by said Act, as amended, by making the required payments or contributions to the pension fund, then after terminating the employment with such city and upon the death of such person, either before or after attaining sixty-five (65) years of age, such person's beneficiary designated under the terms of this Act, as amended, shall be entitled to all of the benefits provided for such beneficiary as set forth in the relevant and applicable sections of this Act, as amended. Should such person, after having left the employment with such city after twenty (20) years of active service, become reemployed by such city, then such person at such time shall have the right to continue under the provisions of the amendments to said Act which such person was under prior to the termination of such employment, or may elect to come under any amendments to said Act enacted subsequently to the termination of such person's employment and as might exist and be in effect at the time of said reemployment, upon there being made such payments or contributions to the pension fund, through deductions from salary or otherwise, as might be required by said Act, as amended. Section 2 . All laws and parts of laws in conflict herewith are hereby repealed. Approved April 5, 1971. ELIGIBILITY OF ORDINARY FOR JUDGE EMERITUS (150,000-167,000). No. 374 (House Bill No. 193). An Act to provide the procedures whereby a Judge of the Court of Ordinary of any county with a population of not more than 167,000 and not less than 150,000, according to the 1970 federal decennial census or any future federal census, shall be eligible to become a judge emeritus of

Page 2941

such court; to provide for the powers, duties and responsibilities of such judge emeritus; to provide for the compensation of such judge emeritus; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Any Judge of the Court of Ordinary of any county with a population of not more than 167,000 and not less than 150,000, according to the 1970 federal decennial census or any future federal census, who shall have at least 15 years of service as judge of said court and 10 years in the employment of the county and shall have attained the age of 55 years, who is still in service as such judge at the time of his eligibility, shall be eligible to become judge emeritus at his discretion at any time after becoming eligible by presenting evidence of his eligibility to the governing authority of his county, at which time he shall become judge emeritus. Section 2 . When said judge becomes judge emeritus of said court, the vacancy in office thus created shall be filled as required by law. Section 3 . The said judge emeritus shall be empowered, qualified and authorized to hold court whenever the regularly elected judges of said court consider the condition of the docket congested to the extent that the services of an extra judge are needed, or when the regular elected judge feels that the needs of justice will be best met by said judge emeritus presiding, or where or when said regular elected or appointed judge of said court of ordinary is disqualified by law. The judge emeritus may be called into service by order passed by the regular elected judge of said court of ordinary. Section 4 . The judge emeritus shall not hold any compensating position with the State of Georgia, United States of America, or any county, or agencies of any, except upon taking a leave of absence as such judge emeritus and for ever waiving and relinquishing compensation during and for such leave of absence; the judge emeritus shall be disqualified

Page 2942

from engaging in the practice of law in any court in which he is qualified to serve as judge pro hac vice. Section 5 . Said judge emeritus shall be entitled to receive and shall receive as compensation fifty percent (50%) of the total amount received while a regular judge as computed on the twelve (12) month period immediately prior to becoming judge emeritus, to be paid monthly out of the treasury of the county, by the person or persons charged by law with paying out the money of said county. Provided, however, if the said Judge shall choose to become Judge Emeritus at some point in time beyond his fifty-fifth birthday, he shall receive as compensation two percent more (of the total amount received while a regular Judge as computed on the twelve-month period immediately prior to becoming Judge Emeritus) per year for each year beyond his fifty-fifth birthday up to age sixty. Provided, further, in the event the said Judge shall become incapacitated (mentally or physically) prior to reaching age fifty-five, he shall be deemed to have reached his fifty-fifth birthday for the purposes of receiving the benefits provided by this Act. Section 6 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1971. CITY OF ALBANYEMPLOYEES' PENSION ASSESSMENT INCREASED. No. 376 (House Bill No. 201). An Act to amend an Act approved February 16, 1943 (Georgia L. 1943, page 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, January-

Page 2943

February Session, page 2098), February 18, 1959 (Ga. L. 1959, page 2027), March 21, 1968 (Ga. L. 1968, page 2455), and February 14, 1969 (Ga. L. 1969, page 2016), so as to change the amount which 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, page 1154), as amended by Act No. 27 of 1953 (Ga. L. 1953, January-February Session, page 2098), and as amended by Act No. 47, approved February 18, 1959 (Ga. L. 1959, page 2027), and as amended by Act No. 795 of 1968, approved March 21, 1968 (Ga. L. 1968, page 2455), and as amended by Act No. 6 of 1969, approved February 14, 1969 (Ga. L. 1969, page 2016), 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 is authorized and empowered to levy and collect a tax on the salaries of all its employees in all departments covered by the terms of this Act not to exceed 2% of the gross earnings of an employee up to the then prevailing Social Security wage base as changed from time to time, plus 5 % of the gross earnings of such employee in excess of the then prevailing Social Security wage base, 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 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 3% of the gross earnings of those employees participating in the pension plan, and in addition

Page 2944

is authorized and empowered to make a contribution each year to said pension fund not to exceed $50,000.00 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 the 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 coming 1971 term of the General Assembly of Georgia a bill to amend Section V of Ga. L. 1943, page 1154, as amended by Georgia Laws 1953, page 2098, Ga. L. 1959, page 2027, Ga. L. 1968, page 2455, and Ga. L. 1969, page 2016, so as to change the amount which the City of Albany is authorized and empowered to levy and collect from employees to fund pensions, and to increase the limitation on city contributions for said purposes. This 1st day of December 1970. Eugene R. Clark, Jr., Mayor City of Albany, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Lee who, on oath, deposes and says that he is Representative from

Page 2945

the 61st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Albany Herald which is the official organ of Dougherty County, on the following dates: December 2, 9, 16, 1970. /s/ Billy Lee, Representative, 61st District Sworn to and subscribed before me, this 22nd day of January, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. MONTGOMERY COUNTYTAX COMMISSIONER'S COMPENSATION CHANGED. No. 377 (House Bill No. 204). An Act to amend an Act creating the office of tax commissioner of Montgomery County, approved March 12, 1935 (Ga. L. 1935, p. 735), as amended, particularly by an Act approved April 9, 1968 (Ga. L. 1968, p. 3416), so as to change the compensation of the tax 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 tax commissioner of Montgomery County, approved March 12, 1935 (Ga. L. 1935, p. 735), as amended, particularly by an Act

Page 2946

approved April 9, 1968 (Ga. L. 1968, p. 3416), is hereby amended by striking in section 6 the following: $3400.00 nor more than $4400.00 per annum, and by inserting in lieu thereof the following: $4600.00 nor more than $5600.00 per annum, so that when so amended, section 6 shall read as follows: Section 6. The compensation of the tax commissioner of Montgomery County shall be on a salary basis. The amount of said salary, which shall be in lieu of all fees including those paid for collecting the last ten percentum of the digest and taxes, but not including fees from the sale of motor vehicle license tags, shall be fixed by the county board of commissioners of roads and revenue of Montgomery County, at not less than $4600.00 nor more than $5600.00 per annum. 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 1971 Session of the General Assembly of Georgia, a bill to change the compensation of the Tax Commissioner of Montgomery County; to provide an effective date; and for other purposes. This 21st day of December, 1970. /s/ L. L. Pete Phillips, Representative, 50th Disstrict Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Phillips

Page 2947

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: December 24, 31, 1970 and January 7, 1971. /s/ L. L. Phillips, Representative, 50th District Sworn to and subscribed before me, this 19th day of January, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. STATE COURT OF BIBB COURTCREATION OF TWO OFFICES OF ASSISTANT SOLICITOR, ETC. No. 380 (House Bill No. 230). An Act to amend an Act creating the office of Assistant Solicitor of the State Court of Bibb County, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb., p. 3191), so as to provide for the creation of two offices of Assistant Solicitor of said court; to provide for the appointment of said Assistant Solicitors; to provide for the qualifications of said Assistant Solicitors; 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 Assistant Solicitor of the State Court of Bibb County, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb., p. 3191), is hereby amended

Page 2948

by striking in their entirety sections 1, 2 and 3 and inserting in lieu thereof the following: Section 1. Be it enacted by the General Assembly of Georgia, that from and after the passage of this Act, there shall be in existence two offices, which are hereby created, which shall each be known as Assistant Solicitor of the State Court of Bibb County (formerly City Court of Macon). Section 2. The two offices of Assistant Solicitor shall be filled by appointment by the Solicitor of said Court, by and with the approval of the Judge of said Court, and as shall be funded by the Board of County Commissioners of Bibb County. Section 3. To be eligible for appointment, any such Assistant Solicitor must be at least twenty-one years of age and shall be a member in good standing of the State Bar of Georgia at the time of his appointment. 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 intention to apply to the January-February, 1971, session of the General Assembly of the State of Georgia to convene in Atlanta, Georgia on January 11, 1971, for the enactment of local legislation to amend the act creating the City Court of Macon (State Court of Bibb County) and the amendments thereto, specifically to amend the act approved March 11, 1953 (Ga. L. 1953, p. 3191) which provided for the creation of the office of Assistant Solicitor of said Court, his qualifications, powers and duties. This 18th day of December, 1970. Clarence H. Clay, Jr. Solicitor, State Court of Bibb County

Page 2949

Georgia, Bibb County. Personally appeared before me, a Notary Public within and for above State and County, Brenda Jarrell 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: December 26, 1970, January 2, 9, 1971. /s/ Brenda Jarrell Sworn to and subscribed before me, this 9th day of January, 1971. /s/ Hugh P. Harper, Notary Public Bibb County, Georgia. Personally appeared before the undersigned attesting authorities Billy L. Evans and Homer M. Scarborough, Jr. who on oath depose and say that they are the authors of the within and attached bill, and that the notice of intention to ask for local legislation, as the same appears in the within and attached clipping from The Macon News, was published in the Macon News, the newspaper in Bibb County, Georgia, in which the sheriff's advertisements for said county are published upon December 26, 1970, January 2, 1971, and January 9, 1971. /s/ Billy L. Evans, Member General Assembly Bibb County, Georgia /s/ Homer M. Scarborough, Jr., Member General Assembly, Bibb County, Georgia Sworn to and subscribed before me, this 15th day of January, 1971. /s/ J. L. Dozier, Notary Public. Approved April 5, 1971.

Page 2950

CITY OF DECATURINVESTMENT OF EXCESS RETIREMENT FUND. No. 386 (House Bill No. 258). An Act to amend an Act creating a system of retirement and pension pay for employees of the City of Decatur, approved February 25, 1949 (Ga. L. 1949, p. 1681), as amended, so as to provide that excess funds in the city employee retirement fund 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 laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a system of retirement and pension pay for employees of the City of Decatur, approved February 25, 1949 (Ga. L. 1949, p. 1681), as amended, is hereby amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. (a) In the event three shall 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. (b) 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

Page 2951

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 . 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 Decatur intends to apply for local legislation at the 1971 Session of the General Assembly of Georgia to convene in January, 1971, to amend an Act approved February 25, 1949 (Ga. L. 1949, page 1681, et seq.) creating a system of retirement and pension pay for employees of the City of Decatur 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. William H. Breen, Jr., Chairman Decatur City Commission 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 December 31, 1970, January 7, and January 14, 1971. /s/ Britt Fayssoux

Page 2952

Sworn to and subscribed before me, this 14th day of January, 1971. /s/ Carol E. Wheeler, Notary Public, Georgia State at Large. My Commission Expires Feb. 21, 1971. (Seal). Approved April 5, 1971. CITY OF DECATURCHARTER AMENDED. No. 387 (House Bill No. 592). An Act to amend an Act creating and establishing a new charter and municipal government for the Town of Decatur (now City of Decatur) in the County of DeKalb, approved August 17, 1909 (Ga. L. 1909, p. 757), as amended, so as to authorize the City of Decatur to close to public use a part of a certain park located within said City; to authorize the sale of said property to a certain Georgia nonprofit corporation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating and establishing a new charter and municipal government for the Town of Decatur (now City of Decatur) in the County of DeKalb, approved August 17, 1909 (Ga. L. 1909, p. 757), as amended, is hereby amended by adding a new section 53A between section 53 and 54 to read as follows: Section 53A. (a) The City of Decatur is hereby authorized to close to public use that portion of Oakhurst Park described as follows: All that tract and parcel of land situate, lying and being in Land Lot 213 of the 15th District of DeKalb County, Georgia, according to Survey of Samuel G. Evans, Jr., dated

Page 2953

December 16, 1970, and more particularly described as follows: Beginning at a point formed by the intersection of the right-of-way of the north side of East Lake Drive with the west side of Third Avenue; running thence 590 degrees, 0 minutes west along the right-of-way of East Lake Drive, a distance of 273.1 feet; thence easterly along the north right-of-way of East Lake Drive, a distance of 430.9 feet; thence north 1 degree, 38 minutes, east 96.2 feet; thence north 68 degrees, 9 minutes east, a distance of 79.7 feet; thence north 68 degrees, 31 minutes east, a distance of 244.3 feet to a point on the west side of the right-of-way of Third Avenue; thence 50 degrees, 42 minutes west, a distance of 520.8 feet to a point of beginning, the same being 5.477 acres more or less. (b) The City of Decatur is hereby further authorized to sell and convey title to the above described property to Metropolitan Atlanta Boys' Clubs, Inc., a Georgia nonprofit corporation. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation Georgia, DeKalb County. Notice is hereby given of the intention of the City of Decatur to apply for passage of legislation at the next session of the General Assembly of Georgia to convene in January 1971, to amend the Charter of the City of Decatur for the purpose of authorizing the City of Decatur to close to public use a part of Oakhurst Park located within the City of Decatur and to authorize the sale of said property; and for all other purposes. William H. Breen, Jr., Chairman Decatur City Commission

Page 2954

Georgia, DeKalb County. Personally appeared before the undersigned office 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 to Apply for Local Legislation was duly published once a week for 3 weeks as required by law, the dates of publication being December 31, 1970, January 7, and January 14, 1971. /s/ Britt Fayssoux Sworn to and subscribed me, this 14 day of January, 1971. /s/ Carol E. Wheeler, Notary Public, Georgia, State at Large. My Commission Expires Feb. 21, 1971. (Seal). Approved April 5, 1971. HENRY COUNTYPREVIOUS UNCOLLECTED FEES OF TAX COMMISSIONER DUE HIM. No. 388 (House Bill No. 269). An Act to amend an Act placing the sheriff, the clerk of the superior court, the ordinary and the tax commissioner 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, particularly by an Act approved January 27, 1961 (Ga. L. 1961, p. 2007), an an

Page 2955

Act approved April 15, 1969 (Ga. L. 1969, p. 2761), so as to provide that any uncollected fees, commissions, costs, fines, percentages, forfeitures, penalties and other perquisites of whatever kind to which the tax commissioner was entitled as of January 1, 1970, shall, when collected, be paid to said officer; 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 tax commissioner 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, particularly by an Act approved january 27, 1961 (Ga. L. 1961, p. 2007), and an Act approved April 15, 1969 (Ga. L. 1969, p. 2761); is hereby amended by adding a new section immediately following section 4A, to be designated section 4B, to read as follows: Section 4B. All fees, commissions, costs, fines, percentages, forfeitures, penalties and other perquisites of whatever kind which had accrued to the tax commissioner of Henry County as of January 1, 1970, and to which said officer was entitled shall, when, collected, be paid to said officer. 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 1971 Session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff, the clerk of the superior court, the ordinary and the tax commissioner 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, particularly by an Act approved January 27, 1961 (Ga. L. 1961, p. 2007) and an Act approved April 15, 1969 (Ga. L. 1969, p. 2761) so as to provide that any uncollected fees, commissions, costs, fines,

Page 2956

percentages, forfeitures, penalties and other perquisites of whatever kind which the tax commissioner was entitled to as of January 1, 1970 shall, when collected, be paid to said officer; and for other purposes. This 28th day of December, 1970. 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: December 31, 1970; January 7, and 14, 1971. /s/ Don L. Knowles Representative, 22nd District Sworn to and subscribed before me, this 22nd day of January, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971.

Page 2957

ASSISTANTS TO DISTRICT ATTORNEYSPOPULATION FIGURES CHANGED (145,000-165,000). No. 390 (House Bill No. 301). An Act to amend an Act providing for the appointment of certain assistants to certain district attorneys, approved March 28, 1961 (Ga. L. 1961, p. 214), so as to change the population figures and the census contained therein; 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 appointment of certain assistants to certain district attorneys, approved March 28, 1961 (Ga. L. 1961, p. 214), is hereby amended to striking from section 1 the following: 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, and substituting in lieu thereof the following: In all counties of this State having a population of not less than 145,000 and not more than 165,000, according to the United States census of 1970. 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. Approved April 5, 1971.

Page 2958

ADDITIONAL COMPENSATION ACT FOR CERTAIN DISTRICT ATTORNEYS AMENDED BY CHANGING POPULATION FIGURES (145,000-165,000). No. 391 (House Bill No. 304). An Act to amend an Act providing additional compensation for certain district attorneys, approved February 21, 1951 (Ga. L. 1951, p. 742), as amended, particularly by an Act approved April 2, 1963 (Ga. L. 1963, p. 299), so as to change the population figures and census contained therein; 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 additional compensation for certain district attorneys, approved February 21, 1951 (Ga. L. 1951, p. 742), as amended, particularly by an Act approved April 2, 1963 (Ga. L. 1963, p. 299), is hereby amended by striking from section 1 the following: In all counties in the State of Georgia having a population of not less than 135,000 nor more than 140,000 according to the U. S. Census of 1960, and substituting in lieu thereof the following: In all counties in this State having a population of not less than 145,000 and not more than 165,000 according to the United States Census of 1970. 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. Approved April 5, 1971.

Page 2959

AMENDMENT OF LAW LIBRARY ACT TO SHOW POPULATION FIGURE CHANGES (145,000-165,000). No. 392 (House Bill No. 305). An Act to amend an Act authorizing the establishment of law libraries in certain counties, approved March 7, 1957 (Ga. L. 1957, p. 2629), as amended particularly by an Act approved April 1, 1965 (Ga. L. 1965, p. 3140), so as to change the population figures and the census contained therein; 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 the establishment of law libraries in certain counties, approved March 7, 1957 (Ga. L. 1957, p. 2629), as amended, particularly by an Act approved April 1, 1965 (Ga. L. 1965, p. 3140), is hereby amended by striking from section 1 the following: any county in this State having a population of not less than 135,000 and not more than 140,000 according to the United States official census for 1960,, and substituting in lieu thereof the following: any county in this State having a population of not less than 145,000 and not more than 165,000, according to the United States census of 1970,. 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. Approved April 5, 1971.

Page 2960

APPOINTMENT OF ASSISTANT SOLICITOR OF STATE COURT ACT AMENDED TO SHOW POPULATION CHANGE (145,000-165,000). No. 393 (House Bill No. 306). An Act to amend an Act providing for the appointment of an assistant solicitor in the State Court of certain counties, approved April 12, 1963 (Ga. L. 1963, p. 3549), so as to change the population figures and the census contained therein; 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 appointment of an assistant solicitor in the State Court of certain counties, approved April 12, 1963 (Ga. L. 1963, p. 3549), is hereby amended by striking from section 1 the following: in counties having a population according to the 1960 U. S. Census or any subsequent U. S. Census of not less than 135,000 inhabitants nor more than 140,000 inhabitants,, and substituting in lieu thereof the following: in all counties of this State having a population of not less than 145,000 and not more than 165,000, according to the United States census of 1970,. 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. Approved April 5, 1971.

Page 2961

PUBLIC OFFICIALS' CONDUCT IN CERTAIN POLITICAL SUBDIVISIONSACT AMENDED TO SHOW POPULATION CHANGES (145,000-165,000). No. 394 (House Bill No. 307). An Act to amend an Act relating to the conduct of certain public officials in certain counties and political subdivisions, approved April 1, 1965 (Ga. L. 1965, p. 3179), so as to change the population figures and census contained therein; 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 relating to the conduct of certain public officials in certain counties and political subdivisions, approved April 1, 1965 (Ga. L. 1965, p. 3179), is hereby amended by striking from section 1 the following: In all counties of this State having a population of not less than 135,000 and not more than 140,000, according to the official United States decennial census of 1960, and substituting in lieu thereof the following: In all counties of this State having a population of not less than 145,000 and not more than 165,000, according to the United States decennial census of 1970. 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. Approved April 5, 1971.

Page 2962

APPOINTMENT OF CERTAIN ASSISTANTS TO DISTRICT ATTORNEYSACT AMENDED TO SHOW POPULATION CHANGE (145,000-165,000). No. 395 (House Bill No. 308). An Act to amend an Act relating to the appointment of certain assistants to certain district attorneys, approved April 12, 1963 (Ga. L. 1963, p. 3547), so as to change the population figures and census contained therein; 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 relating to the appointment of certain assistants to certain district attorneys, approved April 12, 1963 (Ga. L. 1963, p. 3547), is hereby amended by striking from section 1 the following: 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, and substituting in lieu thereof the following: In all counties of this State having a population of not less than 145,000 and not more than 165,000, according to the United States census of 1970. 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. Approved April 5, 1971.

Page 2963

CLERK FOR DISTRICT ATTORNEYACT AMENDED TO SHOW POPULATION CHANGES (145,000-165,000). No. 397 (House Bill No. 310). An Act to amend an Act relating to the appointment of a clerk for the district attorney in certain counties, approved April 12, 1963 (Ga. L. 1963, p. 3551), so as to change the population figures and the census contained therein; 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 relating to the appointment of a clerk for the district attorney in certain counties, approved April 12, 1963 (Ga. L. 1963, p. 3551), is hereby amended by striking from section 1 the following: 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, and substituting in lieu thereof the following: In all counties of this State having a population of not less than 145,000 and not more than 165,000, according to the United States Census of 1970. 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. Approved April 5, 1971.

Page 2964

JURY CLERK'S APPOINTMENTACT AMENDED TO SHOW POPULATION CHANGE (145,000-165,000). No. 398 (House Bill No. 311). An Act to amend an Act providing for the appointment of a jury clerk in certain counties, approved March 4, 1966 (Ga. L. 1966, p. 186), so as to change the population figures and the census contained therein; 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 appointment of a jury clerk in certain counties, approved March 4, 1966 (Ga. L. 1966, p. 186), is hereby amended by striking from section 1 the following: 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 decennial census for 1960, and substituting in lieu thereof the following: In all counties of this State having a population of not less than 145,000 and not more than 165,000, according to the United States decennial census of 1970,. 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. Approved April 5, 1971.

Page 2965

EXECUTIVE SECRETARY AND CALENDAR CLERK FOR SUPERIOR COURT JUDGEACT AMENDED TO SHOW POPULATION CHANGES (145,000-165,000). No. 399 (House Bill No. 312). An Act to amend an Act providing for the appointment of an executive secretary and calendar clerk to the judge of the superior courts in certain counties, approved March 4, 1966 (Ga. L. 1966, p. 164), so as to change the population figures and the census contained therein; 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 appointment of an executive secretary and calendar clerk to the judge of the superior courts in certain counties, approved March 4, 1966 (Ga. L. 1966, p. 164), is hereby amended by striking from section 1 the following: 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 State census of 1960, and substituting in lieu thereof the following: In all counties of this State having a population of not less than 145,000 and not more than 165,000, according to the United States census of 1970. 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. Approved April 5, 1971.

Page 2966

COURT REPORTERS FOR SUPERIOR COURT JUDGESACT AMENDED TO SHOW POPULATION CHANGES (145,000-165,000). No. 400 (House Bill No. 313). An Act to amend an Act relating to the appointment of court reporters to the judges of the superior courts of certain counties, approved April 2, 1963 (Ga. L. 1963, p. 302), so as to change the population figures and the census contained therein; 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 relating to the appointment of court reporters to the judges of the superior courts of certain counties, approved April 2, 1963 (Ga. L. 1963, p. 302), is hereby amended by striking from section 1 the following: In all counties of this State having a population of not less than 135,000 and not more than 140,000 inhabitants according to the United States Census of 1960,, and substituting in lieu thereof the following: In all counties of this State having a population of not less than 145,000 and not more than 165,000, according to the United States Census of 1970,. 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. Approved April 5, 1971.

Page 2967

GRADY COUNTY SCHOOL SUPERINTENDENT APPOINTED BY BOARD, ETC.REFERENDUM. No. 401 (House Bill No. 314). An Act to amend an Act creating a new board of education for Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), so as to provide that the Grady County school superintendent shall be appointed by the board of education of Grady County; to provide the procedures connected therewith; 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 board of education for Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), 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. (a) The board of education created herein 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 to be appointed by said board shall be appointed at the first meeting of the board held in 1973. The present county school superintendent holding office upon the date of the approval of this Section shall continue to serve out the term to which he was elected and until his successor is appointed by the board as provided herein. (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 at the first meeting of the board held after the members take office, 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

Page 2968

provisions of law which are in conflict with the provisions of this Act. Section 2 . Not less than 30 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 Grady County to issue the call for an election for the purpose of submitting this Act to the voters of the Grady 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 Grady County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act providing that the Grady County School Superintendent shall be appointed by the Grady County Board of Education be approved? All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Grady 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.

Page 2969

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1971 Session of the General Assembly of Georgia, a bill to provide that the Grady County School Superintendent shall be appointed by the Board of Education of Grady County; to provide for a referendum; and for other purposes. This 11th day of January, 1971. /s/ Burton M. Wamble Representative, 69th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Burton M. Wamble who, on oath, deposes and says that he is Representative from the 69th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Cairo Messenger which is the official organ of Grady County, on the following dates: January 15, 22, 29, 1971. /s/ Burton M. Wamble Representative, 69th District Sworn to and subscribed before me, this 3rd day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971.

Page 2970

HOUSTON COUNTYFISCAL YEAR CHANGED. No. 402 (House Bill No. 319). An Act to amend an Act creating a board of commissioners of Houston County, approved August 15, 1922 (Ga. L. 1922, p. 372), as amended, so as to provide that the fiscal year for Houston County shall commence on the 1st day of July each year and extend through the 30th day of June in the following year; 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 Houston County, approved August 15, 1922 (Ga. L. 1922, p. 372), as amended, is hereby amended by inserting between sections 8 and 9 a new section, to be known as section 8A, to read as follows: Section 8A. The fiscal year for Houston County shall commence on the 1st day of July each year and extend through the 30th day of June in the following year. 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 1971 Session of the General Assembly of Georgia, a bill to amend the Georgia law relating to Houston County, Georgia, so as to provide that Houston County shall be on a fiscal year basis from July 1 to June 30; to provide for a date by which all Constitutional officers must present their budget to the Board of Commissioners of Roads and Revenue; to provide for a date by which the Commissioners of Roads and Revenue review and approve or disapprove said budgets; to provide for a date by which each Constitutional officer must appeal said budget in cases of disagreement; to change the deadline for the payment of taxes in Houston County to December 15 of each year, and other purposes.

Page 2971

This 29th day of December, 1970. /s/ Vince Moyer Representative 41st District, Post 2 /s/ Sam A. Nunn, Jr. Representative 41st District, Post 1 Georgia, Houston County. Personally appeared before me this date, Bobby Branch, publisher of The Houston Home Journal, Perry, Ga., the Official Organ of Houston County, Georgia, who certifies that the Legal Notice, Intention to Introduce Local Legislation was published in The Houston Home Journal on the following dates: Dec. 31, 1970, Jan. 7 and 14, 1971. This 28th day of January, 1971. /s/ Bobby Branch Publisher Houston Home Journal Sworn to and subscribed before me, this 28th day of January, 1971. /s/ Janice E. Colwell Notary Public, Houston County. My Commission Expires March 7, 1972. (Seal). Approved April 5, 1971. CITY OF ATLANTAMUNICIPAL COURT ACT AMENDED REGARDING PRACTICE AND PROCEDURE. No. 404 (House Bill No. 329). An Act to amend an Act entitled An Act to carry into effect in the City of Atlanta the provisions of the amendment

Page 2972

to Paragraph I, of Section VII, of Article VI of the Constitution of the State of Georgia, ratified October 2, 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, so as to provide that any other provisions of this Act to the contrary notwithstanding, in all cases in such court the defendant shall serve and file his answer within 30 days after the service of the summons and complaint upon him; 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 I, of Section VII, of Article VI of the Constitution of the State of Georgia, ratified October 2, 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 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,

Page 2973

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, is hereby amended by adding at the end of section 19A a new subsection to be designated subsection (c) and to read as follows: (c) Any other provisions of this Act to the contrary notwithstanding, in all cases in such court the defendant shall serve and file his answer within 30 days after the service of the summons and complaint upon him. Practice and procedure. 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 1971 Session of the General Assembly of Georgia, which convenes on Monday, January 11, 1971, 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 16th day of December, 1970. /s/ Henry L. Bowden City Attorney City of Atlanta

Page 2974

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William H. Alexander who, on oath, deposes and says that he is Representative from the 108th 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 21, 28, 1970 and January 4. /s/ William H. Alexander Representative, 108th District Sworn to and subscribed before me, this 13th day of January, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. CRAWFORD COUNTYTAX COMMISSIONER'S COMPENSATION CHANGED, ETC. No. 405 (House Bill No. 332). An Act to amend an Act abolishing the fee system of compensation for the Tax Commissioner of Crawford County and providing in lieu thereof an annual salary, approved March 24, 1970 (Ga. L. 1970, p. 3390), by changing the salary provisions therein; by providing that the tax commissioner shall have authority to appoint such personnel as he shall deem necessary and to prescribe their compensation, which compensation shall be paid

Page 2975

from the tax commissioner's salary; 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 Tax Commissioner of Crawford County and providing in lieu thereof an annual salary, approved March 24, 1970 (Ga. L. 1970, p. 3390), 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 incumbent tax commissioner in office on the effective date of this Act shall receive an annual salary of twelve thousand five hundred ($12,500) dollars. Any newly elected (non-incumbent) tax commissioner shall receive an annual base salary of eleven thousand seven hundred ($11,700) dollars, with annual raises of two hundred ($200) dollars each, up to four (4) years, at which point the tax commissioner's salary shall remain at twelve thousand five hundred ($12,500) dollars. Salary. Section 2 . Said Act is further amended by striking in its entirety section 4 and inserting in lieu thereof a new section 4 which shall read as follows: Section 4. The tax commissioner shall have the authority to appoint such personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. 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, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Compensation of the person or persons employed by the tax commissioner shall be paid from the tax commissioner's salary. Personnel. Section 3 . Said Act is further amended by striking the word included from the first sentence of section 5 and by inserting in lieu thereof the word excluding, so that when so amended section 5 shall read as follows:

Page 2976

Section 5. The necessary operating expenses of the tax commissioner'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 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. Expenses. 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 1971 Session of the General Assembly of Georgia, a bill to provide that the Tax Commissioner of Crawford County shall have authority to appoint such personnel as he shall deem necessary and to prescribe their compensation which shall be paid from the Tax Commissioner's salary; to change the compensation of the Tax Commissioner; and for other purposes. This 9th day of January, 1971. /s/ Dainel 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

Page 2977

County, on the following dates: January 14, 21, 28, 1971. /s/ Daniel K. Grahl Representative, 40th District Sworn to and subscribed before me, this 8th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. PEACH COUNTYORDINARY NO LONGER REQUIRED TO SERVE AS BOARD OF COMMISSIONERS' CLERK. No. 406 (House Bill No. 333). An Act to amend an Act placing the ordinary of Peach County upon an annual salary in lieu of the fee system of compensation, approved March 21, 1968 (Ga. L. 1968, p. 2469), so as to delete the requirement that the ordinary serve as the clerk of the board of commissioners of Peach County; 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 Peach County upon an annual salary in lieu of the fee system of compensation, approved March 21, 1968 (Ga. L. 1968, p. 2469), is hereby amended by striking section 7 in its entirety, which reads as follows: Section 7. The ordinary shall serve as the clerk of the board of commissioners of roads and revenues of Peach

Page 2978

County, but he shall receive no additional compensation for his services as such. 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 1971 Session of the General Assembly of Georgia, a bill to provide that the Ordinary of Peach County shall no longer be ex officio Clerk of the County Commission; to provide for the appointment of the Clerk by the County Commission; and for other purposes. This 28th day of December, 1970. Daniel K. Grahl Representative, 40th District Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1971 Session of the General Assembly of Georgia, a bill to change the salary of the Commissioners of Peach County; and for other purposes. This 28th day of December, 1970. 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

Page 2979

County, on the following dates: December 31, 1970; January 7, 14, 1971. /s/ Daniel K. Grahl Representative, 40th District Sworn to and subscribed before me, this 8 day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. PEACH COUNTY BOARD OF COMMISSIONERSCOMPENSATION OF MEMBERS CHANGED, ETC. No. 407 (House Bill No. 334). An Act to amend an Act creating a board of commissioners for Peach County, approved March 10, 1964 (Ga. L. 1964, p. 2627), as amended, so as to delete the requirement that the ordinary of Peach County shall be clerk of the board of commissioners; to provide that the board shall employ and compensate a clerk of its own choosing; to provide the salary range for said clerk; to change the compensation 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 commissioners for Peach County, approved March 10, 1964 (Ga. L. 1964,

Page 2980

p. 2627), as amended, is hereby amended by striking from section 2 the figure: $600, and by inserting in lieu thereof the figure: $1200, so that when so amended section 2 shall read as follows: Section 2. The first election for members of the board created herein shall be held at the General Election in November, 1964. The members elected shall take office January 1, 1965, for a term of four (4) years and until their successors are elected and qualified. Future elections shall be held every four (4) years at the General Election, and future successors shall likewise be elected for a term of four (4) years and until their successors are elected and qualified. Such successors shall take office on the first day of January immediately following their election. The members of the board shall elect a chairman of the board who shall preside at meetings. The board is hereby authorized to elect a vice-chairman in the event such is deemed advisable. The members shall be compensated in an amount of $25.00 each per meeting, with a maximum of $1200 per annum each. Section 2 . Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 which shall read as follows: Section 4. The board shall employ a clerk of its own choosing who shall be responsible for performing the duties assigned by the board and who shall keep all records of the proceedings of the board and all other records. He shall be compensated not less than $6,500 nor more than $9,500 per annum to be determined by the board. Clerk. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2981

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1971 Session of the General Assembly of Georgia, a bill to change the salary of the Commissioners of Peach County, and for other purposes. This 28th day of December, 1970. Daniel K. Grahl Representative, 40th District Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1971 Session of the General Assembly of Georgia, a bill to provide that the Ordinary of Peach County shall no longer be ex officio Clerk of the County Commission; to provide for the appointment of the Clerk by the County Commission; and for other purposes. This 28th day of December, 1970. 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: December 31, 1970; January 7, 14, 1971. /s/ Daniel K. Grahl Representative, 40th District

Page 2982

Sworn to and subscribed before me, this 8 day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. CITY OF LYONSCHARTER AMENDED. No. 408 (House Bill No. 351). 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 April 23, 1969 (Ga. L. 1969, p. 3244), so as to redefine the city limits of the City of Lyons; 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 April 23, 1969 (Ga. L. 1969, p. 3244), is hereby amended by striking the land description contained in section 1 of the amendatory Act approved April 23, 1969 (Ga. L. 1969, p. 3244), and by inserting in lieu thereof 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: Beginning at a point on the old city limits a radial distance of 7920[UNK] from the center point of the City of Lyons Georgia where the lands of Union Bag Camp Corp. and J. Z. McKinley, Jr. meets said city limits, and running thence

Page 2983

south 84-04 east for a distance of 3000[UNK] more or less to the run of Swift Creek, and running thence in a southeasterly direction along the run of said Swift Creek to the lands of Ben J. McDilda and Mrs. Martha Kemp, and running thence south 54-00 west along the property line that divides the aforesaid for a distance of 1450[UNK] more or less to a point and running thence south 23-30 east for a distance of 1271.16[UNK] to a point and running thence south 43-00 west for a distance of 790.02[UNK] to the center line of S. R. No. 292 and running thence south 61-57 east along the center line of S. R. No. 292 for a distance of 110.22[UNK] to the center of the Felton Joyner Road, and running thence along the center line of said road south 7-03 west for a distance of 1447.38[UNK] to the center line of the Seaboard Coast Line Railroad and running thence north 80-00 west along the center line of said railroad for a distance of 2185[UNK] more or less to the old city limits, and running thence northwesterly along the arc of the old city limits to the point of beginning. Section 2 . 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 1971 Session of the General Assembly of Georgia, a bill to amend the City Charter of the City of Lyons so as to correct the legal description of the corporate limits of the City of Lyons and for other purposes. This 6th day of January, 1971. W. J. (Bill) Salem Representative Post 1, 51st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. J. (Bill) Salem 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 Lyons Progress which is the official organ of

Page 2984

Toombs County, on the following dates: January 7, 14, 21, 1971. /s/ W. J. (Bill) Salem Representative, 51st District Sworn to and subscribed before me, this 27 day of January, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. STATE COURT OF CLARKE COUNTYACT AMENDED TO ABOLISH OFFICE OF SPECIAL INVESTIGATOR, ETC. No. 409 (House Bill No. 358). An Act to amend an Act establishing a City Court in the County of Clarke (formerly known as the City Court of Athens; now known as the State Court of Clarke County), approved September 9, 1879 (Ga. L. 1879, p. 291), as amended, particularly by an Act approved April 28, 1969 (Ga. L. 1969, p. 3934), so as to abolish the office of special investigator; 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 (formerly known as the City Court of Athens; now known as the State Court of Clarke County), approved September 9, 1879 (Ga. L. 1879, p. 291), as amended, particularly by an Act approved April 28, 1969 (Ga. L. 1969,

Page 2985

p. 3934), is hereby amended by repealing section 2A in its entirety. 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, 1971 session of the General Assembly of Georgia, a bill to abolish the office of Special Investigator for that court now known as the Civil and Criminal Court of Clarke County; and for other purposes. Chappelle Matthews, Representative H. M. Logan, Representative Paul Broun, Senator Georgia, Clarke County: Personally appeared before the undersigned attesting officer, an officer duly qualified to administer an oath, N. S. Hayden, who being duly sworn on oath says that he is publisher of The Daily News, a newspaper having general circulation and whose principal place of business is in Clarke County, and that the attached 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: December 26, 1970, January 2 and 8, 1971. /s/ N. S. Hayden Sworn to and subscribed before me, this 1 day of February, 1971. /s/ Frances P. Carter Notary Public, Clarke County, Georgia. My Commission Expires Aug. 5, 1973. (Seal) Approved April 5, 1971.

Page 2986

CLARKE COUNTY TREASURER'S OFFICE ABOLISHED, ETC. No. 410 (House Bill No. 359). An Act to abolish the office of treasurer of Clarke County; to provide that the board of commissioners of Clarke County shall appoint depositories for County funds; to provide an effective date; to provide that this Act shall be effective before said effective date under certain circumstances; to provide procedures connected with the foregoing; to provide for the construction of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The office of treasurer of Clarke County is hereby abolished effective December 31, 1972 or upon a vacancy occurring in this office by reason of death, resignation, retirement or any other reason, whichever first occurs, and it shall be the duty of the board of commissioners of Clarke County on January 1 of each year to appoint a chartered bank or chartered banks, which are located and doing business in Clarke County, as a depository or depositories of all funds of Clarke County. All County funds which were paid to the treasurer before the effective date of this Act shall be paid to the board of commissioners of Clarke County and shall be deposited by said commissioners in said County depository or depositories. Office abolished. Section 2 . Said County depository or depositories shall not pay out any of such County funds so deposited except on order or check duly signed by the chairman of the board of commissioners, and by the clerk to the board of commissioners. Upon approval by said board, the vice-chairman of said board may sign such orders and checks along with the clerk in the absence of the chairman, and the assistant clerk may sign for the clerk when specifically authorized to do so by the board. Orders. Section 3 . Such depository or depositories shall be selected under such rules and regulations as may be prescribed by the board of commissioners of Clarke County. Selection.

Page 2987

Section 4 . Said depository or depositories shall furnish to the board of commissioners at the end of each month a statement showing the amount of funds deposited and paid out during the month, and the balance remaining on deposit together with all cancelled checks paid during said month. Additional statements shall be furnished from time to time upon request of said board of commissioners. Statement. Section 5 . Said depository or depositories shall receive no compensation for acting as such depository. Section 6 . This Act shall become effective on December 31, 1972; provided, however, that in the event the office of treasurer of Clarke County shall become vacant by death, resignation, retirement or for any other reason at any time before December 31, 1972, then this Act shall become effective on the day said office becomes vacant, and in such event, it shall be the duty of the board of commissioners to appoint a depository or depositories to receive County funds until the following January first at which time the depository or depositories shall be appointed in accordance with the provisions of section 1 of this Act. 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 January, 1971 session of the General Assembly of Georgia, a bill to abolish the office of the County Treasurer of Clarke County; and for other purposes. Chappelle Matthews, Representative, H. H. Logan, Representative, Paul Broun, Senator

Page 2988

Georgia, Clarke County: Personally appeared before the undersigned attesting officer, an officer duly qualified to administer an oath, N. S. Hayden, who being duly sworn on oath says that he is publisher of The Daily News, a newspaper having general circulation and whose principal place of business is in Clarke County, and that the attached 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: December 26, 1970, January 2 and 8, 1971. /s/ N. S. Hayden Sworn to and subscribed before me, this 1 day of February, 1971. /s/ Frances P. Carter Notary Public, Clarke County, Georgia. My Commission Expires Aug. 5, 1973. (Seal). Approved April 5, 1971. BARTOW COUNTY SHERIFF'S COMPENSATION CHANGED. No. 412 (House Bill No. 363). 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, particularly by 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 April 15, 1969 (Ga. L. 1969, p. 2753), so as to change the compensation of the sheriff of Bartow County; to provide for

Page 2989

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 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, particularly by 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 April 15, 1969 (Ga. L. 1969, p. 2753) 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. (a) The Sheriff of Bartow County shall be compensated in the amount of $12,000.00 per annum, to be paid in equal monthly installments from the funds of Bartow County. Effective January 1, 1973, the sheriff elected at the last election and taking office on January 1, 1973, and each sheriff elected thereafter, shall receive an additional $400.00 per annum for each prior four-year term he has served as sheriff of Bartow County. Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the sheriff. Salary. (b) 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. Deputies.

Page 2990

(c) 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. Personnel. (d) 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 (12[UNK]) 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. Expenses. 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 is hereby given that there will be introduced at the regular 1971 session of the General Assembly of Georgia a bill to change the compensation of the Sheriff of Bartow County; and for other purposes. Joe Frank Harris Representative, 10th District. 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

Page 2991

Intention to Introduce Local Legislation was published in The Herald Tribune which is the official organ of Bartow County, on the following dates: December 24, 31, 1970 and January 7, 1971. /s/ Joe Frank Harris Representative, 10th District Sworn to and subscribed before me, this 3rd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. BARTOW COUNTYCOMMISSIONER'S COMPENSATION CHANGED. No. 413 (House Bill No. 364). 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 change the compensation of the Commissioner of Bartow 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 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

Page 2992

March 1, 1963 (Ga. L. 1963, p. 2078), and an Act approved March 31, 1967 (Ga. L. 1967, p. 2363), is hereby amended by striking section 16 in its entirety and inserting in lieu thereof a new section 16 which shall read as follows: Section 16. The Commissioner of Bartow County shall be compensated in the amount of $15,000.00 per annum, to be paid in equal monthly installments from the funds of Bartow County. Effective January 1, 1973, the commissioner elected at the last election and taking office on January 1, 1973, and each commissioner elected thereafter, shall be compensated an additional $400.00 per annum for each prior four-year term he has served as Commissioner of Bartow 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. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice Notice is hereby given that there will be introduced at the regular 1971 session of the General Assembly of Georgia a bill to change the compensation of the Commissioner of Roads and Revenues of Bartow County; and for other purposes. /s/ Joe Frank Harris Representative, 10th District 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

Page 2993

in The Herald Tribune which is the official organ of Bartow County, on the following dates: December 24, 31, 1970 and January 7, 1971. /s/ Joe Frank Harris Representative, 10th District Sworn to and subscribed before me, this 3rd day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. BARTOW COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT CHANGED. No. 414 (House Bill No. 365). 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, particularly by an Act approved March 1, 1963 (Ga. L. 1963, p. 2070), an Act approved March 31, 1967 (Ga. L. 1967, p. 2361), and an Act approved April 15, 1969 (Ga. L. 1969, p. 2753), so as to change the compensation of the Clerk of the Superior Court of Bartow 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 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,

Page 2994

approved March 21, 1958 (Ga. L. 1958, p. 2866), as amended, particularly by an Act approved March 1, 1963 (Ga. L. 1963, p. 2070), an Act approved March 31, 1967 (Ga. L. 1967, p. 2361), and an Act approved April 15, 1969 (Ga. L. 1969, p. 2753), is hereby amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 which shall read as follows: Section 3. The Clerk of the Superior Court of Bartow County shall be compensated in the amount of $12,000.00 per annum, to be paid in equal monthly installments from the funds of Bartow County. Effective January 1, 1973, the clerk elected at the last election and taking office on January 1, 1973, and each clerk elected thereafter, shall be compensated an additional $400 per annum for each prior four-year term he has served as Clerk of the Superior Court 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. Salary. Deputy. 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. Notice is hereby given that there will be introduced at the regular 1971 session of the General Assembly of Georgia a bill to change the compensation of the Clerk of Superior Court of Bartow County; and for other purposes. Joe Frank Harris Representative, 10th District

Page 2995

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 Herald Tribune which is the official organ of Bartow County, on the following dates: December 24, 31, 1970 and January 7, 1971. /s/ Joe Frank Harris Representative, 10th District Sworn to and subscribed before me, this 3rd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. BARTOW COUNTYCOMPENSATION OF ORDINARY CHANGED. No. 415 (House Bill No. 366). 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 (particularly by an Act approved March 31, 1967 (Ga. L. 1967, p. 2359), and an Act approved April 15, 1969 (Ga. L. 1969, p. 2753), so as to change the compensation of the Ordinary of Bartow County; to provide

Page 2996

for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act 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, particularly by an Act approved March 31, 1967 (Ga. L. 1967, p. 2359), and an Act approved April 15, 1969 (Ga. L. 1969, p. 2753), is hereby amended by striking section 4 which shall read as follows: Section 4 . The Ordinary of Bartow County shall be compensated in the amount of $10,000.00 per annum, to be paid in equal monthly installments from the funds of Bartow County. Effective January 1, 1973, the ordinary elected at the last election and taking office on January 1, 1973, and each ordinary elected thereafter, shall be compensated an additional $400.00 per annum for each prior four-year term he has served as ordinary 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. Salary. Personnel. 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 2997

Notice is hereby given that there will be introduced at the regular 1971 session of the General Assembly of Georgia a bill to change the compensation of the Ordinary of Bartow County; and for other purposes. /s/ Joe Frank Harris Representative, 10th District 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 Herald Tribune which is the official organ of Bartow County, on the following dates: December 24, 31, 1970 and January 7, 1971. /s/ Joe Frank Harris Representative, 10th District Sworn to and subscribed before me, this 3rd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. MACON AND BIBB COUNTY CITIZENS COMMISSION OF EFFICIENCY AND ECONOMY IN GOVERNMENT ACT AMENDED. No. 417 (House Bill No. 408). An Act to amend an Act creating the Citizens Commission on Efficiency and Economy in Government in Macon

Page 2998

and Bibb County, approved March 27, 1970 (Ga. L. 1970, p. 3482), so as to extend the period of time in which the Commission may function; to authorize the governments of the City of Macon and Bibb County to expend additional funds in order to complete the work of the Commission; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Citizens Commission on Efficiency and Economy in Government in Macon and Bibb County, approved March 27, 1970 (Ga. L. 1970, p. 3482), is hereby amended by adding at the end of section 16 the following: Said governments shall be authorized to expend additional funds in excess of the above figures in order to complete Phase II. Such expenditures shall be in accordance with the ratios provided above. Section 2 . Said Act is further amended by deleting wherever it shall appear in section 17 the following: December 31, 1970 and substituting in lieu thereof the following: December 31, 1971. 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 1971 Session of the General Assembly of Georgia, a bill to amend an Act of the 1970 Session of the General Assembly of Georgia which created the Citizens Commission on Efficiency and Economy in Macon and Bibb County; to provide for an extension of time for said Commission to

Page 2999

complete Phase 2 of its function and duty; to repeal conflicting laws; and for other purposes. This 6th day of January, 1971. Frank C. Pinkston Representative, Bibb County, District 81 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank C. Pinkston 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: January 9, 16, 23, 1971. /s/ Frank C. Pinkston Representative, 81st District Sworn to and subscribed before me, this 26th day of January, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. SMALL CLAIMS COURT ACT AMENDED TO SHOW POPULATION CHANGES (18,258-19,148). No. 418 (House Bill No. 410). An Act to amend an Act creating a Small Claims Court in each county of this State having a population of not

Page 3000

less than 19,500 and not more than 19,700, according to the United States Census of 1960, or any future such census, approved April 5, 1961 (Ga. L. 1961, p. 3142), as amended, so as to change the minimum and maximum population figures; 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 of this State having a population of not less than 19,500 and not more than 19,700, according to the United States Census of 1960, or any future such census, approved April 5, 1961 (Ga. Laws 1961, p. 3142), as amended, is hereby amended by striking, wherever the same shall appear, the following: not less than 19,500 and nor more than 19,700, according to the United States Census of 1960, and inserting in lieu thereof the following: not less than 18,258 nor more than 19,148, according to the United States Decennial Census of 1970. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1971. NEWTON COUNTYCOMPENSATION OF SHERIFF CHANGED. No. 419 (House Bill No. 417). An Act to amend an Act placing the Sheriff of Newton County on a salary basis, approved March 30, 1963 (Ga. L. 1963, p. 2704), as amended by an Act approved April 18, 1967 (Ga. L. 1967, p. 3290), an Act approved March 21, 1968 (Ga. L. 1968, p. 2735), and an Act approved

Page 3001

March 10, 1970 (Ga. L. 1970, p. 2359), 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 Newton County on a salary basis, approved March 30, 1963 (Ga. L. 1963, p. 2704), as amended by an Act approved April 18, 1967 (Ga. L. 1967, p. 3290), an Act approved March 21, 1968 (Ga. L. 1968, p. 2735), and an Act approved March 10, 1970 (Ga. L. 1970, p. 2359), is hereby amended by striking from section 1 the following: twelve thousand dollars ($12,000.00) and inserting in lieu thereof the following: $13,200.00 and by inserting after the words funds of Newton County in the first sentence of Section 1 the following: : Provided, however, that effective July 1, 1972, the sheriff shall be compensated in the amount of $14,400.00 per annum, to be paid in equal monthly installments from the funds of Newton County, so that when so amended section 1 shall read as follows: Section 1. The Sheriff of Newton County shall be compensated in the amount of $13,200.00 per annum, to be paid in equal monthly installments from the funds of Newton County: Provided, however, that effective July 1, 1972, the sheriff shall be compensated in the amount of $14,400.00 per annum, to be paid in equal monthly installments from the funds of Newton County. It is specifically provided that the salary provided herein for the sheriff shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind heretofore received by the sheriff for his services as such. Salary.

Page 3002

Section 2 . This Act shall become effective on July 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 herewith given that I intend to introduce to the 1971 Session of the General Assembly of Georgia local legislation affecting the office of the Sheriff of Newton County, approved April 18, 1967 (Ga. L. 1967, pages 3290-3293) pertaining to his duties, compensation, expense of operating office of Sheriff of Newton County and for other purposes. This 21st day of December, 1970. J. W. (Jim) Morgan Representative-Elect, 23rd District, House of Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. W. Morgan 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: December 24, December 31, 1970 and January 7, 1971. /s/ J. W. Morgan Representative, 23rd District Sworn to and subscribed before me, this 13th day of January, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971.

Page 3003

NEWTON COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT CHANGED. No. 420 (House Bill No. 418). An Act to amend an Act placing the clerk of the Superior Court of Newton County on a salary, approved March 31, 1967 (Ga. L. 1967, p. 2418), as amended by an Act approved March 10, 1970 (Ga. L. 1970, p. 2357), so as to change the compensation of the clerk of the Superior Court of Newton 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 of Newton County on a salary, approved March 31, 1967 (Ga. L. 1967, p. 2418), as amended by an Act approved March 10, 1970 (Ga. L. 1970, p. 2357), is hereby amended by striking from section 1 the following: $12,000.00 and inserting in lieu thereof the following: $13,200.00 and by inserting after the words funds of Newton County the following: : Provided, however, that effective July 1, 1972 the clerk shall receive an annual salary of $14,400.00 payable in equal monthly installments from the funds of Newton County., so that when so amended section 1 shall read as follows: Section 1. The present method of compensating the clerk of the Superior Court of Newton County known as the fee system is hereby abolished and in lieu thereof the clerk shall receive an annual salary of $13,200.00 payable in equal monthly installments from the funds of Newton

Page 3004

County: Provided, however, that effective July 1, 1972 the clerk shall receive an annual salary of $14,400.00 payable in equal monthly installments from the funds of Newton County. It is specifically provided that the salary provided herein for the clerk of the superior court shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind formerly allowed him as compensation for services rendered in the capacity as clerk of superior court. Salary. Section 2 . This Act shall become effective on July 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 herewith given that I intend to introduce to the 1971 Session of the General Assembly of Georgia local legislation affecting the office of the Clerk of the Superior Court of Newton County, approved March 31, 1967 (Ga. L. 1967, pages 2418-2422) pertaining to his duties, compensation, expense of operating office of the Clerk of the Superior Court of Newton County and other purposes. This 21st day of December, 1970. J. W. (Jim) Morgan Representative-Elect 23rd District House of Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. W. Morgan, 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 pubished in the Covington News, which is the official organ

Page 3005

of Newton County, on the following dates: December 24, December 31, 1970 and January 7, 1971. /s/ J. W. Morgan Representative, 23rd District Sworn to and subscribed before me, this 13th day of January, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. NEWTON COUNTYCOMPENSATION OF ORDINARY CHANGED. No. 421 (House Bill No. 419). An Act to amend an Act placing the Ordinary of Newton County on an annual salary in lieu of the fee system of compensation, approved March 31, 1967 (Ga. L. 1967, p. 2411), as amended by an Act approved March 10, 1970 (Ga. L. 1970, p. 2352), so as to change the compensation of the Ordinary of Newton 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 Ordinary of Newton County on an annual salary in lieu of the fee system of compensation, approved March 31, 1967 (Ga. L. 1967, p. 2411), as amended by an Act approved March 10, 1970 (Ga. L.

Page 3006

1970, p. 2352), is hereby amended by striking from section 1 the following: $12,000.00 and inserting in lieu thereof the following: $13,200.00 and by inserting after the words funds of Newton County the following: : Provided, however, effective July 1, 1972, the ordinary shall receive an annual salary of $14,400.00, to be paid in equal monthly installments from the funds of Newton County, so that when so amended section 1 shall read as follows: Section 1. The present method of compensating the Ordinary of Newton County, known as the fee system, is hereby abolished and in lieu thereof the ordinary shall receive an annual salary of $13,200.00, to be paid in equal monthly installments from the funds of Newton County: Provided, however, effective July 1, 1972, the ordinary shall receive an annual salary of $14,400.00, to be paid in equal monthly installments from the funds of Newton County. It is specifically provided that the salary provided herein for the ordinary shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind formerly allowed him as compensation for services in the capacity of ordinary or judge of the court of ordinary. Salary. Section 2 . This Act shall become effective on July 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 herewith given that I intend to introduce to

Page 3007

the 1971 Session of the General Assembly of Georgia local legislation affecting the office of the Ordinary of Newton County, approved March 31, 1967 (Ga. L. 1967, pages 2411-2414) pertaining to his duties, compensation, expense of operating office of Ordinary of Newton County and for other purposes. This 21st day of December, 1970. J. W. (Jim) Morgan Representative-Elect 23rd District House of Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. W. Morgan, 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: December 24, December 31, 1970 and January 7, 1971. /s/ J. W. Morgan Representative, 23rd District Sworn to and subscribed before me, this 13th day of January, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971.

Page 3008

NEWTON COUNTYTAX COMMISSIONER'S COMPENSATION CHANGED. No. 422 (House Bill No. 420). An Act to amend an Act consolidating the offices of tax receiver and tax collector of Newton County into the office of Tax Commissioner of Newton County, approved April 2, 1963 (Ga. L. 1963, p. 2707), as amended, particularly by an Act approved March 31, 1967 (Ga. L. 1967, p. 2415), so as to change the salary of the Tax Commissioner of Newton 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 consolidating the offices of tax receiver and tax collector of Newton County into the office of Tax Commissioner of Newton County, approved April 2, 1963 (Ga. L. 1963, p. 2707) as amended, particularly by an Act approved March 31, 1967 (Ga. L. 1967, p. 2415), 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 Newton County shall be compensated by annual salary in lieu of a fee system of compensation for said officer. The annual salary of the tax commissioner shall be $13,200.00, payable in equal monthly installments from the funds of Newton County: Provided, however, effective July 1, 1972, the annual salary of the tax commissioner shall be $14,400.00, payable in equal monthly installments from the funds of Newton County. 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 formerly allowed him as compensation for services rendered in the capacity of tax receiver, tax collector, and tax commissioner. Salary. Section 2 . This Act shall become effective on July 1, 1971. Effective date.

Page 3009

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 herewith given that I intend to introduce to the 1971 Session of the General Assembly of Georgia local legislation affecting the office of the Tax Commissioner of Newton County, approved March 31, 1967 (Ga. L. 1967, pages 2414-2418) pertaining to his duties, compensation, expense of operating office of the Tax Commissioner of Newton County and for other purposes. This 21st day of December, 1970. J. W. (Jim) Morgan Representative-Elect 23rd District House of Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. W. Morgan, 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: December 24, December 31, 1970 and January 7, 1971. /s/ J. W. Morgan Representative, 23rd District Sworn to and subscribed befor me, this 13th day of January, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971.

Page 3010

CLAYTON COUNTY ORDINARY'S COMPENSATION CHANGED. No. 424 (House Bill No. 433). An Act to amend an Act placing the Ordinary of Clayton County on an annual salary in lieu of the fee system of compensation, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, so as to change the compensation of the Ordinary of Clayton County; to remove surplus language relating to traffic offenses; 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 Clayton County on an annual salary in lieu of the fee system of compensation, approved February 7, 1950 (Ga. L. 1950, p. 2068), 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 salary herein named for the ordinary shall be his full and complete compensation, and all fees or other emoluments now allowed or hereafter allowed by any authority of law, shall be county funds and accountable for as such. The salary of said ordinary shall be thirteen thousand five hundred dollars ($13,500.00) per year, payable monthly by the governing authority out of funds of the county. All funds collected from any source under color of said office shall be county funds, except the salary herein named. Salary. 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 1971 Session of the General Assembly of Georgia, a bill to amend an Act placing the Ordinary of Clayton County on a salary basis in lieu of a fee basis, approved

Page 3011

February 7, 1950 (Ga. L. 1950, p. 2068), as amended, so as to change the compensation of the Ordinary of Clayton County; to remove surplus language relating to traffic offenses; and for other purposes. This 7th day of January, 1971. Terrell A. Starr, Senator, 44th District Arch Gary, Representative, 21st District William J. Lee, Representative, 21st District Lamar Dailey Northcutt, Representative, 21st District 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, which is the official organ of Clayton County, on the following dates: January 15, 22, 29, 1971. /s/ William J. Lee Representative, 21st District Sworn to and subscribed before me, this 2nd day of February, 1971. /s/ Genevieve M. McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971.

Page 3012

PEACH COUNTY BOARD OF COMMISSIONERSACT AMENDED. No. 426 (House Bill No. 471). An Act to amend an Act creating a board of commissioners for Peach County, approved March 10, 1964 (Ga. L. 1964, p. 2627), as amended, so as to provide that whenever a vacancy is created on the commission, the appointment to fill such vacancy shall be good only until a successor is elected at the next general election; 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 Peach County, approved March 10, 1964 (Ga. L. 1964, p. 2627), as amended, 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. In the event a vacancy occurs on the board for any reason other than expiration of a term of office, the remaining members shall appoint a person residing within the area represented by the vacating member who shall serve until a successor is elected at the next general election and qualified. Vacancies. 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 1971 Session of the General Assembly of Georgia, a bill to amend an Act creating a Board of Commissioners for Peach County, approved March 10, 1964 (Ga. L. 1964, p. 2627), so as to provide that whenever a vacancy is created on the Commission the appointment shall be good until the next general election; and for other purposes.

Page 3013

This 1st day of January, 1971. 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: January 7, 14, 21, 1971. /s/ Daniel K. Grahl Representative, 40th District Sworn to and subscribed before me, this 10th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. HOUSING AUTHORITIES LAW AMENDED. (5,500-5,550). No. 428 (House Bill No. 483). An Act to amend an Act entitled the Housing Authorities Law approved March 31, 1937 (Ga. L. 1937, p. 210), as amended, so as to provide that certain cities may add additional members to the housing authorities; to provide

Page 3014

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 the Housing Authorities Law approved March 31, 1937 (Ga. L. 1937, p. 210), as amended, is hereby amended by adding, following section 5B, a new section, to be numbered section 5C, to read as follows: Section 5C. In each city in this State having a population of not less than 5,500 and not more than 5,550 according to the United States Decennial Census of 1970 or any future United States census, the housing authority may be increased from five members to seven members. The additional members shall be appointed in the same manner as the other members. 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. Approved April 5, 1971. SUMTER COUNTYCOMPENSATION OF CLERKS OF SUPERIOR AND CITY COURTS CHANGED, ETC. No. 431 (House Bill No. 521). An Act to amend an Act abolishing the fee system of compensating the clerk of the superior court and the 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.

Page 3015

2071), and an Act approved April 10, 1969 (Ga. L. 1969, p. 2527), so as to change the compensation of said clerk and certain employees of said 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 abolishing the fee system of compensating the clerk of the superior court and the 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), and an Act approved April 10, 1969 (Ga. L. 1969, p. 2527), is hereby amended by striking from section 2 the following: nine thousand, two hundred ($9,200.00) dollars, and inserting in lieu thereof the following: ten thousand ($10,000.00) dollars 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 ten thousand ($10,000.00) 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. Section 2 . Said Act is further amended by striking from section 7 the following: 5,000.00, and inserting in lieu thereof the following: $5,600.00,

Page 3016

and by striking from said section the following: $3,600.00, and inserting in lieu thereof the following: $4,200.00, 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 in equal monthly installments, out of funds of Sumter County as follows: Clerk I$5,600.00 per year Clerk II$4,200.00 per year. 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. Legal Notice. Notice is hereby given that a bill will be introduced at present session of The General Assembly of Georgia to increase salaries of Clerk and Deputy Clerks of Sumter County to allow for the increase in cost of living. Bill will also provide for an Assistant in the office for part time employment in periods of court sessions, vacations and when work load is heaviest to enable the office to perform duties efficiently since volume of work has increased approximately 50 percent in past ten years. Increases will not impose any tax on citizens of this County as Revenue received is more than ample to pay all expenses and additionally

Page 3017

a substantial sum is paid into County Treasury from this office each year. Ely Horne, Clerk, Superior and State Courts Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Oliver Oxford, 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: January 15, 22, 29, 1971. /s/ Oliver Oxford, Representative, 46th District Sworn to and subscribed before me, this 10th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. HARALSON COUNTYADDITIONAL DEPUTY SHERIFF AUTHORIZED, ETC. No. 432 (House Bill No. 534). 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), as amended, by an Act approved

Page 3018

March 28, 1969 (Ga. L. 1969, p. 2431), and an Act approved March 4, 1970 (Ga. L. 1970, p. 2270), so as to authorize the sheriff of Haralson County to appoint one additional deputy and jailer; to provide for the compensation of the additional deputy and jailer; to provide for all matters relative thereto; 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), as amended, by an Act approved March 28, 1969 (Ga. L. 1969, p. 2431), and an Act approved March 4, 1970 (Ga. L. 1970, p. 2270), 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 sheriff shall have the authority to appoint two deputies, who shall each receive a salary of $7,000.00 per annum, payable in equal monthly installments from the funds of Haralson County. In addition, the sheriff shall have the authority to appoint one additional deputy and a jailer. Such additional deputy and jailer shall each receive compensation in an amount to be fixed by the Commissioner of Haralson County which shall not exceed the compensation presently being paid the other two deputies. Deputies. 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 1971 Session of the General Assembly of Georgia, a bill 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), as amended, so as to authorize the sheriff of Haralson County to appoint one additional deputy and

Page 3019

a jailer; to fix the compensation of the additional deputy and jailer; to provide for all matters relative thereto; and for other purposes. This 21 day of Dec., 1970. Scott Roberts, Sheriff of Haralson County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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: January 21, 28, February 4, 1971. /s/ Thomas B. Murphy Representative, 19th District Sworn to and subscribed before me, this 12th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971.

Page 3020

ACT PROVIDING THAT TAX COMMISSIONER SHALL HAVE AUTHORITY REGARDING TAX FI. FAS., AMENDED TO SHOW POPULATION CHANGE (13,635-14,765). No. 434 (House Bill No. 545). An Act to amend an Act providing that the tax commissioners of certain counties shall have the power and authority to levy and collect tax fi. fas. which are issued by the tax commissioners, approved March 24, 1965 (Ga. L. 1965, p. 2514), so as to change the population figures in said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing that the tax commissioners of certain counties shall have the power and authority to levy and collect tax fi. fas. which are issued by the tax commissioners, approved March 24, 1965 (Ga. L. 1965, p. 2514), is hereby amended by striking from section 1 the following: not less than 15,250 and not more than 15,500, according to the United States Census of 1960, and inserting in lieu thereof the following: not less than 13,635 nor more than 14,765, according to the United States Decennial Census of 1970, so that when so amended section 1 shall read as follows: Section 1. In all counties of this State having a population of not less than 13,635 nor more than 14,765, according to the United States Decennial Census of 1970, or any such future census, the tax commissioner of said counties shall be possessed with the additional powers, duties and responsibilities as set forth in this Act.

Page 3021

Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1971. BROOKS COUNTY SHERIFFCOMPENSATION INCREASED. No. 435 (House Bill No. 547). An Act to amend an Act placing the sheriff of Brooks County on a salary basis, approved February 28, 1966 (Ga. L. 1966, p. 2166), so as to change the maximum amount of salary which the sheriff shall receive; 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 Brooks County on a salary basis, approved February 28, 1966 (Ga. L. 1966, p. 2166), is hereby amended by striking section 3 in its entirety and substituting in lieu thereof a new section 3, to read as follows: Section 3. The Sheriff shall receive an annual salary of not less than $7,000.00 and not more than $12,000.00, payable in equal monthly installments from the funds of Brooks 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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at

Page 3022

the regular 1971 session of the General Assembly of Georgia, a bill changing the maximum amount of salary which the Sheriff of Brooks County shall receive; to provide an effective date; to repeal conflicting laws; and for other purposes. This 25 day of Jan., 1971. Henry L. Reaves Representative, 71st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry L. Reaves, who, on oath, deposes and says that he is Representative from the 71st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Quitman Free Press, which is the official organ of Brooks County, on the following dates: January 28, February 4 and 11, 1971. /s/ Henry L. Reaves Representative, 71st District Sworn to and subscribed before me, this 15th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. NEWTON COUNTY BOARD OF COMMISSIONERS' ACT AMENDED. No. 436 (House Bill No. 549). An Act to amend an Act creating a new Board of Commissioners of Newton County and a Chairman of said

Page 3023

Board, approved April 6, 1967 (Ga. L. 1967, p. 2784), so as to change the provisions relative to the election of the members of the Board of Commissioners of Newton County; to change the compensation of the Commissioners; to change the terms of the Commissioners; to change the provisions relative to the duties, powers, authority and meetings of the Chairman and the Board of Commissioners; to provide for calling matters before the Board; to provide for issuance and signing of checks and vouchers; to provide for a budget; to provide for a fiscal year; to provide for the selection and duties of the county attorney; to provide for all matters relative thereto; 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 Board of Commissioners of Newton County and a Chairman of said Board, approved April 6, 1967 (Ga. L. 1967, p. 2784), 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. There shall be elected to the Board of Commissioners of Newton County one member from each of said districts who shall be elected by the qualified voters of the entire county. Candidates may not offer for election to said board from any district other than that district in which their legal residence lies. Members. Section 2 . Said Act is further amended by striking from the second sentence of section 3 the following: he represents and inserting in lieu thereof the following: from which he qualified so that when so amended section 3 shall read as follows: Section 3. No person shall be eligible to represent a

Page 3024

commissioner district unless he is at least 21 years of age, a freeholder, and has been a resident of the State at least one year and a resident of the district from which he offers as a candidate for at least six months immediately preceding the date of the election. In the event a member moves his residence from the district from which he qualified, his place on the board shall immediately become vacant. Qualifications. Section 3 . Said Act is further amended by striking the period after the words six years, and until their successors are elected and qualified in the fourth sentence of section 4 and inserting in lieu thereof the following: : Provided, however, that all candidates elected after July 1, 1971, as Commissioner from Districts 3 and 5 shall be elected for terms of four years each, and until their successors are elected and qualified, so that when so amended section 4 shall read as follows: Section 4. At the general election conducted in 1968, there shall be elected the first members of the Board of Commissioners of Roads and Revenues of Newton County as herein provided. The candidate elected from District 4 shall take office on the first day of January following his election and shall serve for a term of office of two years and until his successor is duly elected and qualified. The candidates elected from Districts 1 and 2 shall take office on the first day of January following their election and shall serve for a term of office for four years and until their successors are duly elected and qualified. The candidates elected from Districts 3 and 5 shall take office on the first day of January following their election and shall serve for a term of office of six years and until their successors are duly elected and qualified: Provided, however, that all candidates elected after July 1, 1971, shall be elected for terms of four years each and until their successors are elected and qualified. Thereafter, members who are elected to succeed the initial members of the Board of Commissioners of Roads and Revenues of Newton County, as provided for herein, shall be elected at the general election which is conducted in that year in which the respective

Page 3025

terms of office shall expire, and they shall take office on the first day of January following their election and serve for a term of six years and until their successors are duly elected and qualified. Terms. 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. (a) The Board of Commissioners of Newton County shall be the policy making body of Newton County. The Chairman of the Board shall be the administrative officer of the county and unless otherwise prohibited, his acts shall be binding unless four members of the Board shall make their objections known, stating the reasons therefor, at an official meeting of the Board, or if a meeting is not scheduled to be held prior to said action by said Chairman, then four members of the Board shall make their objections known to the Chairman, in writing, stating their objections and the reasons therefor, and said action by the Chairman shall be stayed until the next official meeting of the Board. Chairman. (b) The Board of Commissioners shall at no time enter into any administrative acts, contact employees or personnel of said county in relation to any duty or work habits of said employee, requested any service or actions on the part of said employee except through the Chairman, unless as hereinafter set out in section 7B(4). (c) The Chairman of the Board of Commissioners shall have power and authority to hire and fire any and all employees; provided, however, that salary and wage ranges and numbers of employees in each range shall be set by the Board at their first meeting of each year. It shall be at the discretion of the Chairman as to the amount to be paid within said range. The Chairman shall report to the Board at its regular monthly meetings all positions to be filled in the ensuing month and all suspensions or replacements thereof which took place in the prior month. All said reports shall be spread upon the minutes of the Board.

Page 3026

Section 5 . Said Act is further amended by striking from section 7 the following: $12,000.00 and inserting in lieu thereof the following: $13,200.00 and by inserting after the words funds of Newton County in the first sentence of section 7 the following: : Provided, however, that effective July 1, 1972, the chairman of the Board of Commissioners of Newton County shall receive a salary of $14,400.00 per annum, to be paid in equal monthly installments from the funds of Newton County, so that when so amended section 7 shall read as follows: Section 7. The chairman of the Board of Commissioners of Newton County shall receive a salary of $13,200.00 per annum, to be paid in equal monthly installments from the funds of Newton County: Provided, however, that effective July 1, 1972, the chairman of the Board of Commissioners of Newton County shall receive a salary of $14,400.00 per annum, to be paid in equal monthly installments from the funds of Newton County. The members of the board shall receive $20.00 for each meeting of the board actually attended, plus actual and necessary expenses incurred in carrying out their official duties. Salaries. Section 6 . Said Act is further amended by adding after section 7, a new section, to be numbered section 7A, to read as follows: Section 7A. The chairman and all Board members are hereby authorized to receive not in excess of $25.00 per day for actual and necessary expenses, exclusive of mileage or transportation fares actually expended, when said Chairman and Board members are out of town overnight on county business. All actual and necessary expenses paid to

Page 3027

the Chairman and any Board member shall be paid only upon presentation of an itemized statement of said expenses. Expenses. Section 7 . Said Act is further amended by adding a new section after section 7A, to be numbered section 7B, to read as follows: Section 7B. (a) The Board of Commissioners shall hold one meeting per month which shall be called the regular monthly meeting of the Board of Commissioners of Newton County, and the Board shall designate at their first meeting of the year what day of the month said regular meeting shall be held. There shall be such other special or called meetings as may be called by the Chairman during each month, and upon the refusal of the Chairman to call any special or called meeting, requested by a member, then said meeting may be held by said member posting with the Clerk of the County Commissioners his notice, in writing, at least one day in advance, of said meeting his intention of holding said meeting, the reason for holding said meeting, and same shall have affixed thereto the signature of three (3) members of the Board of Commissioners. Meetings. (b) Any matters which any individual member wishes to be brought before the Board shall be submitted to the Chairman in writing on the day previous to the regular meeting day or on the day previous to such called meeting. If the Chairman is out of town or cannot be located or reached, said notice may be given by leaving a written copy of the matter to be brought before the Commission with the Clerk of the Board of Commissioners. (c) All matters so requested by the Board shall be entered upon a calendar prepared by the Chairman, along with matters to be brought before the Board by the Chairman, in an orderly fashion for the deliberations of the Board. (d) No person or any employee or official of Newton County shall be called before said Board except by the Chairman. Should the Chairman refuse to call any person

Page 3028

before the Board, as requested by any member of the Board, then upon the vote of four (4) of the Commissioners, the Board may direct to the Clerk to call such person or county employee or official before the Board, all such directions by the Board shall be spread upon the minutes of the Board. (e) Should the Chairman be absent from any meeting, then the Board shall designate by a majority vote of said Board, that the Clerk call such person, county employee or official before said Board. (f) The Board shall set all specifications for work to be done in the county, such specifications may be delegated to the Chairman but only by an affirmative vote of three (3) members of the Board. The Board shall make periodic inspections of the county properties and of the work being carried on by the county and the Board shall make report to the first Grand Jury meeting in Newton County each calendar year of the financial condition of Newton County and of the progress of the works being carried on by the county. Section 8 . Said Act is further amended by striking section 12 in its entirety and inserting in lieu thereof the following: Section 12. (a) The Chairman shall make all purchases for the county or any elected officials thereof, and each purchase shall be made by purchase order, serially numbered with one copy going into the Chairman's file, one copy into the Board's file, one copy to elected official, if for elected official, and one copy for the use of the purchasing agent or other persons so designated by the Chairman to make purchases for the county. All purchase orders shall be kept in numerical order on file by the Board. Said purchase order for any single item, the cost of which exceeds $25.00, shall show the description of the article to be purchased, the specific use to which the article is to be put, and the location where said article or articles are to be used in said county. Purchases.

Page 3029

(b) The Chairman, before making any purchase which individually or in an aggregate is in excess of $500.00, shall have the approval of the majority of the Board and competitive bids shall be taken; however, said bids may be waived by the unanimous consent of the Board with all five (5) Board members and the Chairman signing said purchase order and said purchase order being entered into the minutes of the Board at meeting at time of approval. Bids. (c) The Chairman shall carry out all road work, have complete control as to the manner and methods which said road projects are to be carried out; however, prior to the beginning of construction on any road or road project, the Chairman shall bring said project to the attention of the Board, giving an estimated cost of its completion, including all labor, materials and subcontract costs which would be encountered therein. Roads. The Board of Commissioners shall designate what road work, building or other works of the county, which shall be taken up by the Chairman. All such instructions shall be entered into the minutes. The Board shall not authorize or set forth any expenditures which would cost in excess of the amount of funds budgeted. No work shall be instituted without the affirmative vote of three (3) Commissioners, excepting the Chairman. (d) The Chairman's signature is required on all checks or vouchers issued by Newton County and any voucher issued and/or signed by the Chairman, shall be deemed to be signed with his full knowledge of the intent and purposes for which said check or voucher was issued. Checks. (e) The Chairman shall present to the Board of Commissioners at their first meeting in each month a financial statement showing to the Commissioners expenditures and income of the previous month. Financial statement. (f) One of the members of the Board of Commissioners so designated shall sign each voucher or check along with the Chairman of the Board of Commissioners. Said Board shall designate from its membership such member to sign

Page 3030

such checks and vouchers. It shall be deemed that any voucher issued and/or signed by said member of the Board had full knowledge and cognizance of what said voucher or check was paid for and purposes for which same is or was to be used. Any check or voucher so signed or issued by said member shall be considered the action of all members of the Board unless objected to, in writing, within sixty (60) days after issuance. Section 9 . Said Act is further amended by adding after section 16, a new section to be numbered section 16A, to read as follows: Section 16A. (a) The Board of Commissioners shall prepare a budget for the ensuing fiscal year to begin July 1st of each year and going through June 30 of the following year. The first budget to be prepared and submitted shall be by June 15, 1971, and by the 15th of June of each year thereafter, said budget to be published in the legal organ, wherein the sheriff's advertisements appear in Newton County, by the first week in July of each year. Said budget shall set forth all the anticipated revenues for the ensuing fiscal year, and all anticipated expenditures for the ensuing fiscal year setting forth in detail all categories where funds are to be received or expended. Said budget shall not exceed the anticipated revenues of Newton County as based upon the tax digest for the current tax year as approved and upon such other monies as were received by Newton County from all other sources during the previous fiscal year. Budget. (b) Notwithstanding any provision of the law to the contrary, with regard to the budget of any elected official of Newton County, who is required under law to submit a budget for the operation of his office to the Board of Commissioners, said Commissioners shall have the power and authority to determine the amounts which shall represent the final budget of said official and only those amounts so determined by said Board shall be paid from the funds of the county. Section 10 . Said Act is further amended by adding after

Page 3031

section 16A, a new section, to be numbered section 16B, to read as follows: Section 16B. (a) The Chairman shall submit the names of three attorneys for the position of county attorney. The Board shall, by secret ballot, select a county attorney from the three names so submitted. The county attorney so selected, and any member of his firm, shall not hold any elected position while said attorney holds the position of county attorney. Said county attorney, and any member of his firm, shall not serve as attorney for any municipality, political subdivision of the State, or any State or Federal authority while said attorney holds the position of county attorney. County attorney. (b) The county attorney shall not transact any legal matters for the county, or give legal advice to any county official, without express authorization of the Chairman except on failure of the Chairman to take action. On the failure of the Chairman to so act, the Board shall, in writing, and by affirmative vote of four (4) members, instruct the Clerk of the Board to request the services of the county attorney. (c) The Board of Commissioners shall elect a Clerk of the Board. Section 11 . This Act shall become effective on July 1, 1971. 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 regular 1971 Session of the General Assembly of Georgia a bill to amend an act creating a Board of County Commissioners of Newton County, approved April 6, 1967 (Ga. L. 1967, page 2784) so as to clarify certain provisions relating to the districts from which commissioners are

Page 3032

elected; to provide the procedures connected therewith, their duties, compensation, and for other purposes. This 21st day of December, 1970. J. W. (Jim) Morgan Representative-Elect 23rd District House of Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. W. Morgan, 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: December 24, December 31, 1970 and January 7, 1971. /s/ J. W. Morgan Representative, 23rd District Sworn to and subscribed before me, this 13th day of January, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. CITY OF PORT WENTWORTHCHARTER AMENDED. No. 437 (House Bill No. 567). An Act to amend an Act incorporating, and creating a charter for the City of Port Wentworth, approved February

Page 3033

6, 1957 (Ga. L. 1957, p. 2003), as amended, so as to change the salary provisions relating to the mayor and councilmen; to provide for all matters relative thereto; to make a part of this Act, the copy of notice of intention to apply for this local legislation and the certificate of the publisher showing publication thereof as required by law, and to declare that all requirements of the laws of Georgia relating to publication of this notice have been complied with before enactment 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 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 striking section 12 in its entirety and substituting in lieu thereof a new section 12, to read as follows: Section 12. The mayor shall receive a salary of $50.00 per month. Each member of the Council shall receive a salary of $25.00 per month. Section 2 . A copy of the notice of intention to apply for this local legislation and the certificate of the publisher, showing the application of such notice as required by law, are attached thereto and made a part of this Act, and it is hereby declared that all the requirements of the Constitution and laws of the State of Georgia relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with before the enactment of this Act. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Chatham County. Personally appeared before me, Wanda Evans, to me known, who being by me sworn, deposes and says: That she is the Legal Secretary of Southeastern Newspapers

Page 3034

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 January 14, 1971, January 21, 1971, January 28, 1971, and finds that the following advertisement, to-wit Georgia, Chatham County. Notice of Intention to Apply for the Passage of Local Legislation. Notice is hereby given that application will be made at the January-February, 1971, session of the General Assembly of Georgia, which convenes on January 11, 1971, for the passage of the following bill: An Act to amend an Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003, et seq.), and all acts amendatory thereof, so as to change the salary provisions of its Mayor and Councilmen; to provide for all matter and procedure relative to the foregoing; to repeal conflicting laws; and for other purposes. James E. Yates, III City Attorney for the City of Port Wentworth

Page 3035

appeared in each of said editions. /s/ Wanda Evans (Deponent) Sworn to and subscribed before me, this 28th day of January, 1971. /s/ Bryce S. Cockerham, Notary Public, Chatham County, Ga. My Commission Expires Oct. 22, 1972. (Seal). Approved April 5, 1971. BULLOCH COUNTYCOMPENSATION OF DEPUTY SHERIFFS CHANGED. No. 438 (House Bill No. 575). An Act to amend an Act placing the sheriff of Bulloch County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2594), as amended, particularly by an Act approved April 9, 1968 (Ga. L. 1968, p. 3442), so as to change the compensation of 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 Bulloch County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2594), as amended, particularly by an Act approved April 9, 1968 (Ga. L. 1968, p. 3442), is hereby amended by striking from section 3 the following: $5,800.00 and $5,400.00 and substituting in lieu thereof: $7,200.00 and $6,000.00,

Page 3036

so that when so amended section 3 shall read as follows: Section 3. The sheriff of Bulloch County shall be authorized to employ the following deputies: one chief deputy whose salary shall not exceed $7,200.00 per annum, and one junior deputy, whose salary shall not exceed $6,000.00 per annum, and both such salaries shall be payable monthly from the funds of Bulloch County. Said deputies shall be of the male sex, and shall be capable, arresting officers. The sheriff in his discretion may employ a jailer, whose salary shall not exceed $2,000.00 per annum payable monthly plus an additional amount of one dollar and twenty-five cents ($1.25) per day, per prisoner, to cover meals. The sheriff may himself perform the duties of said jailer, and in such event receive the above amounts. 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 Intent to Apply for Passage of Local Bill. Georgia, Bulloch County. Notice is hereby given that we shall introduce bill in the 1971 session of the General Assembly of Georgia to provide an increase in compensation relating to employees of certain public offices in Bulloch County, Georgia, as follows: (1) Sheriff's Department: Increase present compensation of the first deputy sheriff to $7,200.00 per annum; increase present compensation of the second deputy sheriff to $6,000.00 per annum. (2) Clerk's office of Bulloch Superior Court: Increase present compensation of the typist-clerk to $4,200.00 per annum.

Page 3037

All above salaries and compensations to be paid in equal monthly installments from the funds of Bulloch County. This 23rd day of January, 1971. Jones Lane Representative from Bulloch County Paul Nessmith, Sr. Representative from Bulloch County George A. Chance, Jr. Representative from Effingham County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Jones Lane, 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 Bulloch Herald Bulloch Times, which is the official organ of Bulloch County, on the following dates: January 26, February 2, and 9, 1971. /s/ W. Jones Lane Representative, 44th District Sworn to and subscribed before me, this 15th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971.

Page 3038

BULLOCH COUNTYCOMPENSATION OF TYPIST IN SUPERIOR COURT CLERK'S OFFICE CHANGED. No. 439 (House Bill No. 576). An Act to amend an Act placing the clerk of the superior court of Bulloch County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2763), as amended, particularly by an Act approved March 13, 1970 (Ga. L. 1970, p. 2640), so as to change the compensation of the typist; 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 Bulloch County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2763), as amended, particularly by an Act approved March 13, 1970 (Ga. L. 1970, p. 2640), is hereby amended by striking from section 3 the following: three thousand three hundred dollars ($3,300.00) and substituting in lieu thereof the following: four thousand two hundred dollars ($4,200.00), so that when so amended section 3 shall read as follows: Section 3. The clerk of the superior court of Bulloch County is authorized to employ a deputy clerk and to fix his compensation at a figure not to exceed four thousand eight hundred dollars ($4,800.000) per annum. The clerk is also authorized to employ a docket clerk and to fix his compensation at a figure not to exceed four thousand two hundred dollars ($4,200.00) per annum. The clerk is further authorized to employ a typist and to fix her compensation at a figure not to exceed four thousand two hundred dollars ($4,200.00) per annum. Said salaries shall be paid in equal monthly installments from the funds of Bulloch County.

Page 3039

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 Intent to Apply for Passage of Local Bill. Georgia, Bulloch County. Notice is hereby given that we shall introduce bill in the 1971 session of the General Assembly of Georgia to provide an increase in compensation relating to employees of certain public offices in Bulloch County, Georgia, as follows: (1) Sheriff's Department: Increase present compensation of the first deputy sheriff to $7,200.00 per annum; increase present compensation of the second deputy sheriff to $6,000.00 per annum. (2) Clerk's office of Bulloch Superior Court: Increase present compensation of the typist-clerk to $4,200.00 per annum. All above salaries and compensations to be paid in equal monthly installments from the funds of Bulloch County. This 23rd day of January, 1971. Jones Lane, Representative from Bulloch County Paul Nessmith, Sr., Representative from Bulloch County George A. Chance, Jr., Representative from Effingham County

Page 3040

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Jones Lane 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 Bulloch Herald and Bulloch Times which is the official organ of Bulloch County, on the following dates: January 26, February 2 and 9, 1971. /s/ W. Jones Lane, Representative, 44th District Sworn to and subscribed before me, this 15th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. JENKINS COUNTYCOMPENSATION OF CORONER CHANGED. No. 440 (House Bill No. 577). An Act to amend an Act providing a salary for the Coroner of Jenkins County in lieu of fees, approved February 21, 1951 (Ga. L. 1951, p. 3146) so as to change the salary of the Coroner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing a salary for the Coroner of Jenkins County in lieu of fees, approved February 21, 1951

Page 3041

(Ga. L. 1951, p. 3146), 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 Coroner of Jenkins County shall receive a salary of $1,200.00 per annum to be paid in equal monthly installments from the funds of Jenkins County. Said salary shall be in lieu of all fees otherwise payable to the Coroner. 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 1971 regular session of the General Assembly of Georgia a local Bill to increase the maximum limits of compensation of the Coroner's salary. Hon. Jones Lane, Representative Hon. Paul Nessmith, Representative Hon. George Chance, Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Jones Lane 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 Millen News which is the official organ of Jenkins County, on the following dates: January 21, 28, and February 4, 1971. /s/ W. Jones Lane Representative, 44th District

Page 3042

Sworn to and subscribed before me, this 15th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. JENKINS COUNTYSHERIFF'S SALARY CHANGED, ETC. No. 441 (House Bill No. 578). An Act to amend an Act placing the Sheriff of Jenkins County on a salary, approved February 28, 1966 (Ga. L. 1966, p. 2158) so as to change the salary of the sheriff and the deputy sheriff; to change the provision relative to the amount payable for furnishing food to prisoners; 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 Jenkins County on a salary, approved February 28, 1966 (Ga. L. 1966, p. 2158) is hereby amended by striking from section 2 the figure, $8,000.00 and inserting in lieu thereof the figure $9,000.00 so that when so amended section 2 shall read as follows: Section 2. The sheriff shall receive an annual salary of $9,000.00 payable in equal monthly installments from the funds of Jenkins County. Salary. Section 2 . Said Act is further 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 shall have the authority to appoint

Page 3043

one deputy who shall receive an annual salary of $6,300.00 payable in equal monthly installments from the funds of Jenkins County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person who shall be employed as deputy, and to prescribe his duty and assignment, and to remove or replace any such deputy at will and within his sole discretion. Deputy. Section 3 . Said Act is further amended by striking from section 7 the figure $2.00 and inserting in lieu thereof the figure $2.30 so that when so amended section 7 shall read as follows: Section 7. The governing authority of Jenkins County is hereby charged with the responsibility of feeding the prisoners confined under the jurisdiction of the sheriff of Jenkins County. Said governing authority is hereby authorized to make whatever arrangements necessary to insure that said prisoners are properly fed and may delegate the responsibility of feeding said prisoners to the sheriff. In the event said governing authority delegates the responsibility of feeding prisoners to the sheriff, said governing authority shall pay to the sheriff either weekly or monthly the sum of $2.30 per day or part thereof for each such prisoner who has been furnished food, which amount shall be in addition to the salary, supplies, equipment and maintenance herein authorized for the sheriff. The funds for the payment of feeding the prisoners as herein provided shall be payable from the funds of Jenkins County. Feeding prisoners. 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 1971 session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff of Jenkins County on a salary, approved February 28, 1966 (Ga. L.

Page 3044

1966, p. 2158) so as to change the salary of the sheriff and the deputy sheriff; and for other purposes. W. Jones Lane Paul E. Nessmith, Sr. George A. Chance, Jr. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Jones Lane 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 Millen News which is the official organ of Jenkins County, on the following dates: January 21, 28 and February 4, 1971. /s/ W. Jones Lane Representative, 44th District Sworn to and subscribed before me, this 15th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. BERRIEN COUNTYNEW BOARD OF EDUCATIONREFERENDUM. No. 443 (House Bill No. 585). An Act to create a new board of education of Berrien County and to provide for the election thereof; to provide for board posts; to provide that the members of the board

Page 3045

shall be voted on by the qualified voters of Berrien County, but that candidates and board members shall reside within specified militia districts; to provide for staggered terms; 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 Berrien County which shall consist of seven members to be elected by the qualified voters of Berrien County. For the purpose of electing the members of said board, there shall be seven board posts, to be designated as board posts one through seven. The candidates for post one shall be residents of either Lower Ten or Upper Tenth militia district. The candidates for post two shall be residents of Ray City or Lois militia districts. The candidates for post three shall be residents of Jordan or New River militia districts. The candidates for post four shall be residents of Alapaha militia district. The candidates for post five shall be residents of Enigma militia district. The candidates for posts six and seven shall be residents of Nashville militia district. Creation. Section 2 . The members of the board of education of Berrien County in existence prior to the effective date of this Act shall each continue to serve in their present capacity until December 31, 1972. In the event there is a vacancy for any reason, the remaining board members shall appoint a suitable person to fill the vacant post until December 31, 1972. The grand jury of Berrien County shall make no further appointments to the board of education of Berrien County. Members. Section 3 . At the general election in 1972, there shall be an election for the purpose of filling all seven posts on the board of education of Berrien County. The four highest winning candidates for board posts shall be elected to terms of office of four years each and until their successors are elected and qualified. The remaining three winning candidates shall be elected to terms of office of two years each and until their successors are elected and qualified. Thereafter,

Page 3046

successors to the initial elected members of the board shall be elected to terms of office of four years each and until their successors are elected and qualified. Any vacancies in office shall be the subject of a special election called for that purpose by the Ordinary of Berrien County, who shall issue his call within two weeks of the date the vacancy is created. The election for filling any vacancy shall be held in accordance with the laws, rules and regulations which govern special elections. The members elected at any general election shall take office on the first day of January following their election. Terms. Section 4 . The board of education of Berrien County created by this Act shall succeed to the rights, duties, authorities and obligations of the board of education it replaces, and shall be governed by laws relating to county boards of education not in conflict with this Act. Successor board. The board of education being replaced by the board created by this Act shall expire and be abolished at midnight, December 31, 1972. Section 5 . At the first meeting each year, the members of the board shall elect, by a majority vote, one of their number to serve as chairman for that year and until the election of a chairman in the next succeeding year. A chairman may succeed himself. Chairman. Section 6 . 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 Berrien County to issue the call for an election for the purpose of submitting this Act to the voters of said 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 Berrien

Page 3047

County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act creating a new board of education of Berrien County and providing for the election and terms thereof be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Berrien 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 the undersigned will introduce local legislation in the 1971 session of the General Assembly of Georgia for the purpose of changing the method of selecting the County School Superintendent and Board of Education of Berrien County, Ga. Whereby the Board of Education shall be elected and the County School Superintendent shall be appointed; and to call for a referendum to approve or reject such change; and for other purposes.

Page 3048

This 25th day of January, 1971. /s/ Hanson Carter Representative, 64th District /s/ Robert A. Rowan State Senator, 8th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hanson Carter 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 Berrien Press which is the official organ of Berrien County, on the following dates: January 28, February 4 and 11, 1971. /s/ Hanson Carter Representative, 64th District Sworn to and subscribed before me, this 15th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. CITY OF FORT VALLEYCHARTER AMENDED. No. 446 (House Bill No. 593). An Act to amend an Act creating a new charter for the city of Fort Valley, approved August 22, 1907 (Ga. L.

Page 3049

1907, p. 651), as amended, particularly by an Act approved March 4, 1966 (Ga. L. 1966, p. 3193), so as to provide minimum and maximum salaries for the mayor and council; to provide that there shall be only one raise per each two-year period; to provide a method for changing the salary of the mayor and council; 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 Fort Valley, approved August 22, 1907 (Ga. L. 1907, p. 651), as amended, particularly by an Act approved March 4, 1966 (Ga. L. 1966, p. 3193), is hereby amended by striking in its entirety section 13 and inserting in lieu thereof a new section 13 to read as follows: Section 13. The mayor and city council shall fix the compensation to be received by the mayor, councilmen, recorder, and members of the utility commission. However, unless changed in the manner provided for hereinafter, the compensation of the mayor shall not be less than the sum of $1,800 nor more than the sum of $3,600 per annum, and the compensation of the recorder and the chairman of the utility commission shall not exceed the sum of $1,200 per annum. The compensation of the members of the utility commission shall not exceed the sum of $600 per annum. The compensation of the city councilmen shall not be less than $600 nor more than $1,500 per annum. The mayor and councilmen shall set their own salaries within the limits provided herein but in no event shall there be more than one raise in any two-year period. The compensation of the mayor or 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. An ordinance changing such official's 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 mayor containing thereon at least fifteen (15%) percent

Page 3050

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 to coincide with the next city election. The mayor shall cause a notice of the date and purpose of said election to be published in the official organ of said city or of Peach 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 . 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 1971 Session of the General Assembly of Georgia, a bill to amend an Act granting corporate authority to the City of Fort Valley so as to provide a method for changing the salary of the Mayor and Council, and for other purposes. This 28th day of December, 1970. /s/ 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 3051

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: December 31, 1970, January 7 and January 14, 1971. /s/ Daniel K. Grahl Representative, 40th District Sworn to and subscribed before me, this 18th day of January, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. CITY OF TOCCOACHARTER AMENDED. No. 448 (House Bill No. 605). An Act to amend an Act amending the charter of the City of Toccoa and abolishing the offices of Mayor and Councilmen and providing for a commission manager form of government for said City, approved August 24, 1931 (Ga. L. 1931, p. 994), as amended, so as to delete the provision prohibiting any candidate for Commissioner from soliciting votes for himself or for any other person; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act amending the charter of the City of Toccoa and abolishing the offices of Mayor and Councilmen and providing for a commission manager form of government for said City, approved August 24, 1931 (Ga. L. 1931,

Page 3052

p. 994), as amended, is hereby amended by striking from the first sentence of section 8 the following: , nor shall any candidate for Commissioner solicit votes for himself or for any other person, so that when so amended the first sentence of Section 8 shall read as follows: No candidate for Commissioner shall before his election, or in any primary election, directly or indirectly promise any person to appoint or vote for such person, or any other person, to any office or employment in said City government. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Public Notice. Notice is hereby given that there will be introduced in the 1971 Session of the General Assembly of Georgia a Bill to amend Ga. L. 1931, p. 994, et seq., as amended, and especially Section 8 of said Act by deleting the following phrase from the first sentence of Section 8: ..... nor shall any candidate for Commissioner solicit votes for himself or for any other person. and for other purposes. This 25th day of January, 1971. /s/ Don C. Moore, Representative, Sixth District 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

Page 3053

the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Piedmont Herald which is the official organ of Stephens County, on the following dates: January 28, February 4, 11, 1971. /s/ Don C. Moore Representative, 6th District Sworn to and subscribed before me, this 15th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. ACT AMENDED CREATING ASSOCIATE JUDGE OF CERTAIN STATE COURTS, TO CHANGE POPULATION FIGURES (145,000-165,000). No. 449 (House Bill No. 608). An Act to amend an Act creating an associate judge of the state court of certain counties, approved March 26, 1969 (Ga. L. 1969, p. 2396), as amended, so as to change the population figures contained therein and the census; to extend the term of the judge; to change the judge's compensation; to extend the period of time in which said Act shall be effective; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating an associate judge of the state court of certain counties, approved March 26, 1969

Page 3054

(Ga. L. 1969, p. 2396), as amended, is hereby amended by striking in their entirety sections 1 and 2 and substituting in lieu thereof new sections 1 and 2, to read as follows: Section 1. In all counties of this State having a population of not less than 145,000 nor more than 165,000, according to the 1970 U. S. decennial census or any such future census, there shall be an associate judge of the State court, in and for all such counties, who shall be appointed by the Governor to serve until March 31, 1972. 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 as compensation for his services as such the sum of $50.00 for the first day's service during any calendar week and $40.00 for each additional day of service during any such week. 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 March 31, 1972. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1971. CLAYTON COUNTYPLANNING COMMISSION AND BOARD OF ZONING APPEALS ACT AMENDED. No. 452 (House Bill No. 629). An Act to amend an Act creating and establishing a Planning Commission and Board of Zoning Appeals for Clayton County, Georgia, approved February 4, 1949 (Ga. L. 1949, p. 223), so as to provide that it shall be the duty of the Planning Department to notify the Clayton County Board of Education of any rezoning application involving a change in the multi-family dwelling and mobile home zoning and use and secure from said Board its

Page 3055

written views as to the effect favorable approval of said rezoning application would have upon school facilities and school operations; to provide that this report shall be made a part of the record for review of the Planning Commission and the Board of Commissioners; to authorize the Board of Commissioners of Clayton County to amend the number, shape, boundary or area of any district or districts; to provide that no amendments to the zoning regulations shall be made or become effective until the same shall have been proposed by or be first submitted to the Clayton County Planning Commission and recommended by majority action of said Planning Commission; to provide that public hearings on zoning matters shall be held at a time most convenient to the average working person in Clayton County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating and establishing a Planning Commission and Board of Zoning Appeals for Clayton County, Georgia, approved February 4, 1949 (Ga. L. 1949 p. 223), 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. After receiving the certification of a zoning plan from the Planning Commission and before the promulgation of any zoning regulations, the governing authority of the county shall hold a public hearing thereon, of which notice shall be given by publication once a week for the two weeks immediately preceding such hearing in the official organ of the county. New 8. Public hearing. Such notice shall state the place at which the text and maps as certified by the Planning Commission may be examined. No change in or departure from the text or maps, as certified by the Planning Board, shall be made unless such change or departure shall first be submitted to the Planning Commission for its consideration and recommendation. The Planning Commission shall have thirty days from and after such submission within which to send its

Page 3056

report to the county governing authority. On rezoning applications submitted to the Clayton County Planning Department and the Planning Commission involving a change in multi-family and mobile home zoning and use it shall be the duty of the Planning Department to advise the Clayton County Board of Education of the application and to secure from said Board its written views as to the effect favorable approval would have on school facilities and school operations, and this report shall be made a part of the record for review of the Planning Commission and the Board of Commissioners. 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. The Board of Commissioners of Clayton County may, from time to time, amend the number, shape, boundary or area of any district, or districts, or any regulation of, or within such districts, or any other provisions of any zoning regulations, but no such amendments shall be made or become effective until the same shall have been proposed by or be first submitted to the Clayton County Planning Commission and recommended by majority action of said Planning Commission. New 9. Section 3 . Said Act is further amended by adding a new section immediately following section 9 to be designated as section 9A to read as follows: Section 9A. Any and all public hearings on zoning matters shall be held at a time most convenient to the average working person in Clayton County. New 9A. Section 4 . 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 January, 1971 session of the General Assembly of Georgia a bill to amend zoning procedures in Clayton County, to

Page 3057

clarify and to have complete the methods and procedures, to require majority approval of the Planning Commission as well as, Board of Commissioners before rezoning is approved, to repeal conflicting laws and for other purposes. This 7th day of January, 1971. Senator Terrell Starr Representative W. J. Lee Representative Arch Gary Representative Lamar Northcutt 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 which is the official organ of Clayton County, on the following dates: January 15, 22, 29, 1971. /s/ William J. Lee Representative, 21st District Sworn to and subscribed before me, this 5th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971.

Page 3058

HART COUNTYCOMPENSATION OF CERTAIN EMPLOYEES OF ORDINARY AND SUPERIOR COURT CLERK INCREASED. No. 453 (House Bill No. 667). An Act to amend an Act placing the ordinary and clerk of the superior court of Hart County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2285), so as to authorize the governing authority to increase the compensation of certain employees 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 the ordinary and clerk of the superior court of Hart County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2285), is hereby amended by adding between sections 9 and 10 a new section, to be known as section 9A, to read as follows: Section 9A. The governing authority of Hart County shall have the authority to increase the compensation provided above for the assistants to the clerk and ordinary not to exceed three percent (3%) of such figures during any one calendar year. 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 1971 Session of the General Assembly of Georgia, a bill or bills to do the following: (1) to change the salary of the Sheriff of Hart County; (2) to authorize the Hart

Page 3059

County Commissioner to provide financial support to the Hart County Rescue Squad and Fire Department; (3) to authorize a change of salary for the deputies of the Clerk of the Hart County Superior Court, the Sheriff of Hart County and the Tax Commissioner of Hart County, respectively, and the secretary of the Sheriff, and the clerk of Hart County Ordinary; (4) to change the fee for feeding prisoners. This 14th day of January, 1971. /s/ W. D. (Billy) Milford Representative, 12th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. 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: January 14, 21 and 28, 1971. /s/ W. D. Milford Representative, 12th District Sworn to and subscribed before me, this 17th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. Approved April 5, 1971.

Page 3060

HART COUNTYCOMPENSATION OF CERTAIN EMPLOYEES OF TAX COMMISSIONER INCREASED. No. 454 (House Bill No. 668). An Act to amend an Act creating the office of tax commissioner of Hart County, approved March 4, 1935 (Ga. L. 1935, p. 6887), as amended, particularly by an Act approved March 20, 1963 (Ga. L. 1963, p. 2315), so as to authorize the governing authority of Hart County to increase the compensation of certain employees 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 creating the office of tax commissioner of Hart County, approved March 4, 1935 (Ga. L. 1935, p. 6887), as amended, particularly by an Act approved March 20, 1963 (Ga. L. 1963, p. 2315), is hereby amended by adding between sections 6 and 7 a new Section, to be known as section 6A, to read as follows: Section 6A. The governing authority of Hart County shall have the authority to increase the compensation of the assistant to the tax commissioner provided above not to exceed three percent (3%) of such figure during any one calendar year. 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 1971 Session of the General Assembly of Georgia, a bill or bills to do the following: (1) to change the

Page 3061

salary of the Sheriff of Hart County; (2) to authorize the Hart County Commissioner to provide financial support to the Hart County Rescue Squad and Fire Department; (3) to authorize a change of salary for the deputies of the Clerk of the Hart County Superior Court, the Sheriff of Hart County and the Tax Commissioner of Hart County, respectively, and the secretary of the Sheriff, and the clerk of Hart County Ordinary; (4) to change the fee for feeding prisoners. This 14th day of January, 1971. /s/ W. D. (Billy) Milford Representative, 12th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. 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: January 14, 21 and 28, 1971. /s/ W. D. Milford Representative, 12th District Sworn to and subscribed before me, this 17th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971.

Page 3062

HART COUNTYSHERIFF'S COMPENSATION CHANGED, ETC. No. 455 (House Bill No. 669). 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), as amended by an Act approved February 26, 1969 (Ga. L. 1969, p. 2060), so as to change the compensation of the sheriff; to authorize the governing authority of Hart County to increase the compensation of certain of the sheriff's employees; to change the fees for feeding prisoners; 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), as amended by an Act approved February 26, 1969 (Ga. L. 1969, p. 2060), is hereby amended by striking from section 2 the following: $7,500.00 and substituting in lieu thereof the following: $8,500.00, so that when so amended, section 2 shall read as follows: Section 2. The sheriff shall receive an annual salary in the amount of $8,500.00 payable in equal monthly installments from the funds of Hart County. Salary. Section 2 . Said Act is further amended by adding at the end of section 8 the following: The governing authority of Hart County shall have the authority to increase the compensation provided above for the deputy sheriffs not to exceed three percent (3%) thereof during any calendar year.,

Page 3063

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. The governing authority of Hart County shall have the authority to increase the compensation provided above for the deputy sheriffs not to exceed three percent (3%) thereof during any calendar year. Deputy sheriffs. Salaries. Section 3 . Said Act is further amended by striking from section 11 the following: $1.50 and substituting in lieu thereof the following: $2.25, so that when so amended section 11 shall read as follows: Section 11. The sheriff of Hart County is hereby charged with the feeding of prisoners confined under his jurisdiction. In addition to the salary, supplies, equipment and maintenance herein authorized for the sheriff, the board of finance of Hart County shall pay to the sheriff either weekly or monthly the sum of $2.25 per day or part thereof for each such prisoner who has been furnished food. The funds for the payment of feeding prisoners as herein provided shall be payable from the funds of Hart County. Feeding prisoners. 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.

Page 3064

Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice Local Legislation. Notice is hereby given that there will be introduced at the regular 1971 Session of the General Assembly of Georgia, a bill or bills to do the following: (1) to change the salary of the Sheriff of Hart County; (2) to authorize the Hart County Commissioner to provide financial support to the Hart County Rescue Squad and Fire Department; (3) to authorize a change of salary for the deputies of the Clerk of the Hart County Superior Court, the Sheriff of Hart County and the Tax Commissioner of Hart County, respectively, and the secretary of the Sheriff, and the clerk of Hart County Ordinary; (4) to change the fee for feeding prisoners. This 14th day of January, 1971. /s/ W. D. Milford Representative, 12th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. 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: January 14, 21 and 28, 1971. /s/ W. D. Milford Representative, 12th District

Page 3065

Sworn to and subscribed before me, this 17th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. QUALIFICATIONS OF ORDINARIES IN CERTAIN COUNTIES CHANGED (196,000 OR OVER). No. 456 (House Bill No. 676). An Act to amend an Act changing the qualifications of persons elected ordinary in certain counties of this State, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2739), as amended by an Act approved March 17, 1959 (Ga. L. 1959, p. 358), so as to provide that the ordinaries in such counties shall not engage in the private practice of 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 changing the qualifications of persons elected ordinary in certain counties of this State, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2739), as amended by an Act approved March 17, 1959 (Ga. L. 1959, p. 358), 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. In all counties of this State having a population of more than 196,000, according to the United States Decennial Census of 1970 or any future such census, no person shall be ordinary unless at the time of his election, in addition to the qualifications now required by law, he

Page 3066

shall have attained the age of 30 years and shall either have practiced law for three (3) years preceding his election or shall have served as much as five (5) years as a clerk of the court of ordinary. Provided, however, that such service shall have been continuous and immediately prior to his election as ordinary. Nothing contained within the foregoing language shall apply to any person now holding the office of ordinary in any such county. No person elected ordinary in such counties shall engage in the private practice of law. Qualifications. Section 2 . This Act shall become effective on January 1, 1973. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1971. TAX RECEIVERS IN CERTAIN COUNTIES TO RECEIVE PER CENT OF TAXES COLLECTED FOR BOARD OF EDUCATION, ACT AMENDEDPOPULATION CHANGES. (6,400-6,410) No. 460 (House Bill No. 681). An Act to amend an Act providing that the tax receivers in certain counties shall receive as a commission two and one-half percent of the taxes collected for the boards of education, approved February 8, 1951 (Ga. L. 1951, p. 69), as amended, particularly by an Act approved March 7, 1961 (Ga. L. 1961, p. 2354), so as to change the population figures and the census contained therein; 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 tax receivers in certain counties shall receive as a commission two and

Page 3067

one-half percent of the taxes collected for the boards of education, approved February 8, 1951 (Ga. L. 1951, p. 69), as amended, particularly by an Act approved March 7, 1961 (Ga. L. 1961, p. 2354), is hereby amended by striking from section 1 the following: 6,520 and not more than 6,560, according to the United States census of 1960 or any future United States censuses, and substituting in lieu thereof the following: 6,400 and not more than 6,410, according to the United States census of 1970 or any future United States censuses,. 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. Approved April 5, 1971. CORONERS COMPENSATION IN CERTAIN COUNTIES (32,600-32,700). No. 461 (House Bill No. 686). An Act to provide that coroners in counties having a population of not less than 32,600 and not more than 32,700 according to the United States Decennial Census of 1970, or any such future census, shall be compensated $100.00 per month, to be paid out of county funds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Coroners in counties having a population of not less than 32,600 and not more than 32,700 according to

Page 3068

the United States Decennial Census of 1970, or any such future census, shall be compensated $100.00 per month, to be paid out of county funds. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1971. MONROE COUNTYCOMPENSATION OF CHIEF DEPUTY SHERIFF CHANGED, ETC. No. 463 (House Bill No. 690). An Act to amend an Act placing the Sheriff of Monroe County upon an annual salary, approved February 24, 1966 (Ga. L. 1966, p. 2714), as amended by an Act approved April 14, 1967 (Ga. L. 1967, p. 2602), so as to change the compensation of the chief deputy sheriff; to provide for authority to employ additional deputy sheriffs; to provide for the compensation of deputy sheriffs; to change the provisions relative to employment and compensation of a part-time deputy sheriff; to provide for a bookkeeper-radio operator; to provide for the compensation of such bookkeeper-radio operator; to provide for the compensation of the jailer; to provide for the compensation of the cook; to provide for the number of automobiles to be furnished the sheriff's office; 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 Monroe County upon an annual salary, approved February 24, 1966 (Ga. L. 1966, p. 2714), as amended, by an Act approved April 14, 1967 (Ga. L. 1967, p. 2602), is hereby amended by striking section 5 in its entirety and by inserting in lieu thereof a new section 5 to read as follows: Section 5. (a) The sheriff shall be authorized to appoint

Page 3069

a chief deputy sheriff to assist him in the performance of his duties. The compensation of the chief deputy sheriff shall be fixed by the Board of Commissioners and shall not be less than $400.00 nor more than $800.00 per month. Said compensation shall be paid out of the funds of Monroe County on the first Tuesday in each month. (b) The sheriff shall be authorized to employ one full-time deputy sheriff and such other full-time deputy sheriffs as are approved by the Board of Commissioners of Monroe County, not to exceed a total of three full-time deputy sheriffs. The compensation of each full-time deputy sheriff shall be fixed by the Board of Commissioners and shall be not less than $400.00 nor more than $700.00 per month. Said compensation shall be paid from the funds of Monroe County on the first Tuesday in each month. (c) The sheriff shall also be authorized to employ one part-time deputy sheriff only during the times which are authorized by the Board of Commissioners. The compensation for a part-time deputy shall be fixed by the Board of Commissioners and shall be not less than $200.00 nor more than $500.00 per month. Said compensation shall be paid out of the funds of Monroe County on the first Tuesday in each month. (d) The sheriff shall be authorized to employ a book-keeper-radio operator. The compensation of the book-keeper-radio operater shall be fixed by the Board of Commissioners. Said compensation shall be not less than $20.00 nor more than $100.00 per week payable out of the funds of Monroe County. 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 sheriff shall be authorized to employ a jailer only during the times which are authorized by the Board of Commissioners. The compensation of the jailer shall be fixed by the Board of Commissioners and shall be not less than $200.00 nor more than $500.00 per month.

Page 3070

Said compensation shall be paid from the funds of Monroe County on the first Tuesday in each month. Section 3 . 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 sheriff shall be authorized to employ a cook. The compensation of the cook shall be fixed by the Board of Commissioners and shall be not less than $35.00 nor more than $60.00 per week. Said compensation shall be paid from the funds of Monroe County on the first Tuesday in each month. Section 4 . Said Act is further amended by striking from section 10 the following: two (2) nor more than three (3) and inserting in lieu thereof the following: three (3) nor more than five (5), so that when so amended section 10 shall read as follows: Section 10. Said sheriff shall, at all times, be furnished not less than three (3) nor more than five (5) serviceable police-type automobiles with all needed standard police equipment, including, but not limited to, two-way radios, and the purchase and repair, replacement, maintenance, and operating expenses of said automobiles, shall be paid from the funds of Monroe County. 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 at the January, 1971 Session of the General Assembly of Georgia, a bill to provide for the compensation of the sheriff of Monroe County, chief deputy sheriff and other personnel

Page 3071

in the sheriff's office; to provide for additional employees for the sheriff and their compensation; to provide for automobiles; to provide for all matters relative thereto; and for other purposes. This 18th day of January, 1971. Phillip Benson Ham, Representative, 33rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Phillip Benson Ham, 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: January 21, 28 and February 11, 1971. /s/ Phillip Benson Ham Representative, 33rd District Sworn to and subscribed before me this 18 day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission expires Dec. 16, 1974. (Seal). Approved April 5, 1971. MONROE COUNTYBOARD OF COMMISSIONERS COMPENSATIONREFERENDUM. No. 464 (House Bill No. 691). An Act to amend an Act creating a Board of Commissioners of Monroe County, approved August 19, 1907 (Ga. L.

Page 3072

1907, p. 318), as amended, particularly by an Act approved August 4, 1917 (Ga. Laws 1917, p. 372), an Act approved February 13, 1950 (Ga. L. 1950, p. 2362), an Act approved March 13, 1957 (Ga. L. 1957, p. 3228), and an Act approved April 25, 1969 (Ga. L. 1969, p. 3629), so as to change the compensation of the commissioners; 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 . 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), an Act approved March 13, 1957 (Ga. L. 1957, p. 3228), and an Act approved April 25, 1969 (Ga. L. 1969, p. 3629), is hereby amended by striking from the last sentence of section 6 the following: $200.00 and $150.00 and by inserting in lieu thereof respectively the following: $350.00 and $300.00 so that when so amended section 6 shall read as follows: Section 6. All claims of any character whatever for money made on or against said county, shall be presented to said board and audited by them at their regular meetings, when the same shall be approved or disapproved by a majority of said board. All demands so approved by said board shall be paid only by warrants drawn by said commissioners on the county treasurer, and signed by a majority of the same and countersigned by the clerk of said board, when it shall become payable by the county treasurer. This provision does not apply to the scrip of jurors and county officers issued under order of the courts, nor to the fees of the coroner's jury. All moneys received by

Page 3073

said commissioners from any source whatever, and for which they are required to issue receipts, shall be delivered by them into the hands of the county treasurer, and only disbursed as above provided. That before any of said commissioners shall assume the duties of this office they shall take and subscribe the following oath: I,, duly elected commissioner of roads and revenues for Monroe County, do solemnly swear that I will discharge the duties of said office to the best of my ability; so help me God; which oath shall be administered by the ordinary of said county and filed in his office and recorded on his minutes; that said commissioners shall also execute a surety company bond in the sum of $2,000 each, payable to said county conditioned on the faithful discharge of their duties as such commissioners, which bond shall be filed with the ordinary of said county and recorded in his minutes. Said commissioners shall be subject to removal by the judge of the superior court of said county for malfeasance, misfeasance or nonfeasance in office, as well as for incompetency or neglect of duty. All proceedings instituted for the purpose of removal shall be signed by not less than twenty-five freeholders of said county, and the same filed and personally served, if possible, fifteen days before the time of hearing, which must be evidenced by rule nisi duly granted by the court. Said petition must fully and distinctly set forth the grounds upon which said removal is asked, showing wherein the conduct of said commissioner is in violation with this Act. Either side shall have the right of appeal from the decision of the court, to the Supreme Court under the same rules and regulations governing the grant or refusal of injunctions. In the event any commissioner should be ordered removed by the court, his office shall become at once vacant unless appeal is filed, and his successor appointed by said judge of the superior court, who shall hold until the next meeting of the grand jury of said county, at which time they shall appoint said successor until the first regular election, at which time said vacancy shall be regularly filled for the full time. If any such election should occur within thirty days from the date of said judgment declaring said vacancy, then the same shall be only supplied by the election of a successor for the full term. The chairman of the board of commissioners shall

Page 3074

be compensated in the amount of $350.00 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 $300.00 per month to be paid from the funds of Monroe County. Section 2 . It shall be the duty of the Ordinary of Monroe County to issue the call for an election for the purpose of submitting this Act to the voters of said County for approval or rejection. The Ordinary shall set the date of such election so that such election shall be held on the date of the next general election. 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 Monroe County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act changing the compensation of the members of the Board of Commissioners of Monroe County be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Monroe 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.

Page 3075

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1971 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 18th day of January, 1971. Phillip Benson Ham Representative, 33rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Phillip Benson Ham, 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: January 21, 28 and February 4, 1971. /s/ Phillip Benson Ham Representative, 33rd District Sworn to and subscribed before me, this 18th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971.

Page 3076

TENURE OF PUBLIC SCHOOL PERSONNEL ACT AMENDEDTIME OF NOTIFYING PROBATIONARY TEACHERS, ETC. (300,000 OR MORE). No. 465 (House Bill No. 714). An Act to amend an Act providing for tenure for teachers and other professional personnel of public school systems of each city of this State having a population of more than 300,000 and for other purposes, approved April 12, 1968 (Ga. L. 1968, p. 3697), so as to change the time of notifying probationary teachers that they will not be recommended for reelection to the second or third year of probation, or to tenure status; 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 tenure for teachers and other professional personnel of public school systems of each city of this State having a population of more than 300,000 and for other purposes, approved April 12, 1968 (Ga. L. 1968, p. 3697), is hereby amended by striking from the first sentence of section 5 (a) (2.) the following: on or before April 15, and inserting in lieu thereof the following: at least forty-five days prior to the expiration of his current annual contract term, original or renewal, so that when so amended the first sentence of section 5 (a) (2.) shall read as follows: In each of the three probationary years, if a teacher is not to be continued after the termination of his annual contract, original or renewal, the teacher, at least forty-five days prior to the expiration of his current annual contract term, original or renewal, shall be given written notice that

Page 3077

he will not be recommended for reelection to the second or third year of probation, or to tenure status. 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. Approved April 5, 1971. TAX COLLECTORS AND COMMISSIONERSEX OFFICIO SHERIFFS IN CERTAIN INSTANCES. (170,000-190,000). No. 472 (House Bill No. 752). An Act to make the tax collectors or tax commissioners of certain counties ex officio sheriffs, insofar as to enable them to collect the taxes due the State and county, by levy and sale under tax executions; to prohibit the turning over of tax executions to other levying officials except when sending the same to some other county or counties; to authorize said tax collector or tax commissioner to bring property to sale as if such sale were made by sheriffs; to require acts performed under this Act to be done under the law governing the same in said counties; to require proper advertisements of property to be published in the newspaper in which sheriff's advertisements are published; to provide for the appointment of deputies; to transfer all power and authority exercised by sheriffs to collect taxes from said sheriffs to the tax collector or tax commissioner; to provide a severability clause; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3078

Section 1 . The tax collectors or tax commissioners in all the counties of this State having a population of not less than 170,000 nor more than 190,000, according to the 1970 United States Decennial Census, or any such future census, shall be ex officio sheriffs, insofar as to enable them to collect the taxes due the State and county, by levy and sale under tax executions; and said tax collectors or tax commissioners shall not be allowed to turn over any tax executions to the sheriffs or to any other levying officials of the State, except when it may become necessary for the purpose of enforcing the same to send said executions to any other county or counties than that in which issued. Said tax collector or tax commissioner, by virtue of his office, shall have full power and authority to levy all tax executions issued by him whether prior to the passage of this Act or subsequently thereof as effectively as if done by the sheriffs of said counties. Ex officio sheriffs. Section 2 . Said tax collector or tax commissioner shall have full power to bring property to sale for the purpose of collecting taxes due the State and county and 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 such sales made by said tax collector or tax commissioner shall be valid and shall carry the title to property thus sold as fully and completely as if made by the sheriffs of said counties. Sales. Section 3 . All acts done and performed by the tax collectors or 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 in said counties; and all advertisements of the property to be sold by said tax collectors or 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. Compliance with law. Section 4 . Such tax collectors or tax commissioners, in carrying out the provisions of this Act, shall have power and authority to appoint one or more deputies who shall

Page 3079

have all the powers of said tax collectors or tax commissioners while acting as ex officio sheriffs in the levy and collection of taxes. Said deputies shall be required to give bond as may be required by the tax collectors or tax commissioners under the law. The tax collector or tax commissioner shall be responsible for the acts of the deputy or deputies as sheriffs are now liable for the acts of their deputies. Deputies. Bond. Section 5 . All power and authority heretofore exercised by the sheriffs of said counties to collect taxes shall henceforth be withdrawn from said sheriffs and transferred to the tax collectors or tax commissioners of said counties. Power transferred. Section 6 . If any part, parts, or section of this Act should for any reason be declared unconstitutional or otherwise invalid, such decision shall not affect the validity of any remaining portion of this Act, which remaining portion shall remain of force as if such Act had been passed with the invalid portion thereof eliminated, and it is hereby declared the intention of the General Assembly that it would have adopted the remaining portion of this Act without including therein any such part, parts or section which may for any reason be hereafter declared invalid. Severability. Section 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1971. CANDLER COUNTYORDINARY'S SUPPLEMENTAL SALARY INCREASED. No. 473 (House Bill No. 777). 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), as amended, by an Act approved March 19, 1969 (Ga. L. 1969, p. 2235), so as to increase the supplemental salary of the ordinary; to provide

Page 3080

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), as amended, by an Act approved March 19, 1969 (Ga. L. 1969, p. 2235), is hereby amended by striking from section 1 the following: twelve hundred ($1,200.00) and inserting in lieu thereof the following: two thousand four hundred ($2,400.00) so that when so amended section 1 shall read as follows: Section 1. The ordinary of Candler County shall receive a supplemental salary of two thousand four hundred ($2,400.00) dollars per annum, to be paid in equal monthly installments from the funds of Candler County. Said sum shall in addition to all fees and other compensation which the ordinary now receives. Supplemental 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. Georgia, Candler County. Notice is hereby given that there will be introduced at the 1971 session of the General Assembly of Georgia, a bill providing for a change in the supplement of the Ordinary of Candler County; and for other purposes.

Page 3081

This 21st day of January, 1971. /s/ Hardwick Lanier Chairman, Board of Commissioners, Candler County, Georgia 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: January 28, February 4 and February 11, 1971. /s/ Hines L. Brantley Representative, 52nd District Sworn to and subscribed before me, this 23rd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. COLQUITT COUNTY STATE COURTSALARY OF JUDGE AND SOLICITOR CHANGED. No. 474 (House Bill No. 780). An Act to amend an Act creating the State Court of Colquitt County (formerly known as the City Court of Colquitt County), approved August 7, 1931 (Ga. L. 1931, p.

Page 3082

293), as amended, so as to change the salary of the Judge of said Court and 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 creating the State Court of Colquitt County (formerly known as the City Court of Colquitt County), approved August 7, 1931 (Ga. L. 1931, p. 293), as amended, is hereby amended by striking from section 10 the following: The Judge of said City Court shall receive a salary of four thousand eight hundred ($4800.00) dollars per annum,, and inserting in lieu thereof the following: The Judge of said State Court shall receive a salary of five thousand seven hundred ($5700.00) dollars per annum,. Salary. Section 2 . Said Act is further amended by striking from section 14 the following: but all such fees shall be paid into the County Treasury by said Solicitor as collected, and in lieu thereof he shall receive the sum of $300.00 per month., and inserting in lieu thereof the following: but all such fees shall be paid into the county Treasury by said Solicitor as collected, and in lieu thereof he shall receive the sum of $400.00 per month. Salary. 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 3083

Notice of Intention to Introduce Local Legislation. Notice is hereby given that application will be made to the 1971 session of the General Assembly of Georgia for the passage of a local bill, captioned, which is as follows: An amendment to an Act entitled `An Act to establish the City Court of Colquitt County, in and for the County of Colquitt, approved August 7, 1931 (Ga. L. 1931, p. 293), and Acts amendatory thereof', to provide for a change in the salary of the Judge of the State Court of Colquitt County and the Solicitor of said Court, and for other purposes. This 30th day of January, 1971. Dorsey Matthews Representative, 63rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dorsey 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: February 5, 12 and 19, 1971. /s/ Dorsey Matthews Representative, 63rd District Sworn to and subscribed before me, this 23rd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971.

Page 3084

WALTON COUNTYCOMPENSATION OF SUPERIOR COURT CLERK AND ORDINARY CHANGED, ETC. No. 476 (House Bill No. 794). 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, particularly by an Act approved January 22, 1966 (Ga. L. 1966, p. 2655), and an Act approved February 26, 1969 (Ga. L. 1969, p. 2045), 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 change the compensation of such clerical assistants; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act 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, particularly by an Act approved January 22, 1966 (Ga. L. 1966, p. 2655), and an Act approved February 26, 1969 (Ga. L. 1969, p. 2045), 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. (a) The Clerk of the Superior Court of Walton County shall be compensated in the amount of $12,000.00 per annum, to be paid in equal monthly installments from the funds of Walton County. The Clerk of the Superior Court of Walton County shall be authorized to employ as many deputy clerks as he deems necessary at a minimum salary of $375.00 per month, to be paid in equal monthly installments from the funds of Walton County. The clerk shall be authorized to increase the salary of said deputy clerks to the amounts which he deems to be a fair and just compensation. Upon notice to the Board of Commissioners of Walton County of an increase in the compensation

Page 3085

of such deputy clerks, said increase shall be an obligation of Walton County and shall be paid from the funds of Walton County, in equal monthly installments. Clerk's salary. (b) The Ordinary of Walton County shall be compensated in the amount of $12,000.00 per annum, to be paid in equal monthly installments from the funds of Walton County. The ordinary shall be authorized to employ as many secretaries as he deems necessary. Each secretary so employed shall be compensated a minimum of $375.00 per month, to be paid in equal monthly installments from the funds of Walton County. The ordinary shall have the authority to increase the compensation of each secretary to the amount which he shall deem to be a fair and just compensation. Upon notice to the Board of Commissioners of Walton County of an increase in the compensation of such secretary or secretaries, said increase shall be an obligation of Walton County and shall be paid from the funds of Walton County, in equal monthly installments. Ordinary's salary. (c) The Coroner of Walton County shall be compensated in the amount of $600.00 per annum, to be paid in equal monthly installments from the funds of Walton County. Coroner's salary. (d) 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 upon approval of the governing authority of Walton County. Expenses. (e) The ordinary shall have authority, in addition to employing the number of secretaries he deems necessary, to employ one clerk of the court of ordinary at a salary of not less than $400.00 per month. The ordinary shall have authority to increase or decrease the salary of the clerk of the court of ordinary at his discretion, and upon notice in writing to the Board of Commissioners of Walton County, said salary shall become an obligation of Walton County and shall be paid monthly from funds of Walton County. Ordinary's clerk.

Page 3086

Section 2 . This Act shall become effective on July 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 1971 session of the General Assembly of Georgia, a bill to provide for a change in the compensation of the office of the Clerk of the Superior Court of Walton County, Georgia, and the clerical assistance for said office; to provide for an effective date of said act; and for other purposes. This 28th day of December, 1970. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin W. 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 30, 1970; January 6 and 13, 1971. /s/ Marvin W. Sorrells Representative, 24th District Sworn to and subscribed before me, this 23rd day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires, Dec. 16, 1974. (Seal). Approved April 5, 1971.

Page 3087

WALTON COUNTYSHERIFF'S COMPENSATION CHANGED, ETC. No. 477 (House Bill No. 795). 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), as amended by an Act approved February 14, 1969 (Ga. L. 1969, p. 2027), 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), as amended by an Act approved February 14, 1969 (Ga. L. 1969, p. 2027), is hereby amended by striking from section 2 the following: Nine thousand dollars ($9,000.00) and inserting in lieu thereof the following: $12,000.00, so that when so amended section 2 shall read as follows: Section 2. The sheriff shall receive an annual salary of $12,000.00, 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. 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:

Page 3088

Section 4. (a) 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. Chief Deputy sheriff Regular Deputy sheriff(s) Radio Operator-bookkeeper 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 $10,000.00, payable in equal monthly installments from the funds of said county. (b) The sheriff shall submit in writing to the governing authority of said county the number of regular deputy sheriffs, not to exceed ten 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 shall be no less than $500.00 per month, and shall be payable from the funds of said county as designated by the sheriff. The sheriff shall have the authority to increase the compensation of said deputy sheriffs to the amount he shall deem to be a fair and just compensation. On notice to the Board of Commissioners of Walton County by the sheriff of an increase in the compensation of such deputy sheriffs, said increase shall be an obligation of Walton County and shall be paid from the funds of Walton County. (c) 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 salary shall be no less than $400.00 per month, and shall be payable from the funds of said county as designated by the sheriff. The sheriff shall have the authority to increase the compensation of said radio operator-bookkeeper to the amount he shall deem to be a fair and just compensation. On notice to the Board of Commissioners of Walton County by the sheriff of an increase in the compensation of such radio operator-bookkeeper, said increase shall be an obligation of Walton County and shall be paid from the funds of Walton County. Personnel.

Page 3089

(d) The sheriff shall have the authority to employ any number of part-time deputy sheriffs which he deems necessary for the proper functions of his office, and shall designate in writing to the Board of Commissioners the name of each part-time deputy sheriff, and the compensation each part-time deputy sheriff is to receive. The compensation of each part-time deputy sheriff shall be an obligation of Walton County and shall be payable monthly from the funds of Walton County. Section 3 . This Act shall become effective on July 1, 1971. 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 1971 session of the General Assembly of Georgia a bill to provide for a change in the compensation of the Sheriff of Walton County, Georgia; to provide for additional employees in said office; to establish a pay scale for said employees; to provide for an effective date of said act; and for other purposes. This 28th day of December, 1970. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin W. 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 The Walton Tribune which is the official organ of Walton County, on the following dates: December 30, 1970; January 6 and 13, 1971. /s/ Marvin W. Sorrells Representative, 24th District

Page 3090

Sworn to and subscribed before me, this 23rd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. WALTON COUNTYTAX COMMISSIONER'S COMPENSATION CHANGED, ETC. No. 478 (House Bill No. 796). 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), an Act approved February 28, 1966 (Ga. L. 1966, p. 2525), and an Act approved February 26, 1969 (Ga. L. 1969, p. 2048), so as to change the compensation of the tax commissioner; to change the clerical assistance allowance; to change the compensation of the 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 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), an Act approved February 28, 1966 (Ga. L. 1966, p. 2525), and an Act approved February 26, 1969 (Ga. L. 1969, p. 2048), is hereby amended by striking from section 4 the following: nine thousand ($9,000.00) dollars

Page 3091

and inserting in lieu thereof the following: $12,000.00, 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 $12,000.00 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. The tax commissioner shall be authorized to employ as many assistants as he shall deem necessary in carrying out the duties and functions of his office. The compensation of each assistant shall be a minimum of $375.00 per month, payable from the funds of Walton County. The tax commissioner shall have the authority to increase the compensation of any assistant in the amount he shall deem to be a fair and just compensation. Upon notice to the

Page 3092

Board of Commissioners of Walton County of the amount of compensation determined by the tax commissioner for each assistant, the same shall be an obligation of Walton County and shall be payable from the funds of Walton County. Section 3 . Said Act is further amended by adding a new section after section 4A, and before Section 5, to be designated section 4B, to read as follows: Section 4B. The person in charge of the sale of automobile license plates shall receive $400.00 per month, payable from the funds of Walton County. The compensation of said person in charge of the sale of automobile license plates shall be increased upon recommendation of the tax commissioner by written notice to the Board of Commissioners of Walton County. Such increase shall be an obligation of Walton County and shall be payable from the funds of Walton County. Section 4 . This Act shall become effective on July 1, 1971. 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 1971 session of the General Assembly of Georgia a bill to provide for a change in the compensation of the office of the Tax Commissioner of Walton County, Georgia and the clerical assistance for said office; to provide for an effective date of said act; and for other purposes. This 28th day of December, 1970. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin W. Sorrells who, on oath, deposes and says that he is Representative

Page 3093

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 30, 1970; January 6 and 13, 1971. /s/ Marvin W. Sorrells Representative, 24th District Sworn to and subscribed before me, this 23rd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. EAST POINTCHARTER AMENDED. No. 480 (House Bill No. 806). An Act to amend an Act establishing a new charter for the City of East Point, Fulton County, approved August 19, 1912, (Ga. L. 1912, p. 862, Et Seq.) and the several acts amendatory thereof and especially the Act approved March 5, 1957, (Ga. L. 1957, p. 2429, Et Seq.) as amended, 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 East Point in Fulton County, approved August 19, 1912, (Ga. L. 1912, p. 862, Et. Seq.), and the several acts amendatory thereof and especially the Act approved March 5, 1957, (Ga. L. 1957, p. 2429, Et Seq.), as amended, is hereby further amended as follows:

Page 3094

Section 2 . Ordinance No. 274-67 adopted August 15, 1966, pursuant to subparagraph 1 of Paragraph (b) of section 3 of the Act approved March 26, 1965 (Ga. L. 1965, p. 298, Et Seq.), as amended, known as the Municipal Home Rule Act of 1965 is hereby amended by striking said Ordinance 274-67 in its entirety and inserting in lieu thereof the following: The City Council shall have power and authority to assess all or part of the costs of construction of sanitary street sewers, lot connections, stub-outs therefrom against the abutting property owners under such terms and conditions as may be prescribed by ordinance. After such assessment has been made by the City Council 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. Section 3 . All laws and parts of laws in conflict herewith 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 1971 Regular Session of the General Assembly of Georgia, which convenes in January, 1971, 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 2nd day of December, 1970. City of East Point by Ezra E. Phillips as its City Attorney, East Point City Hall, East Point, Georgia 30344

Page 3095

Georgia, Fulton County. 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 7, 14, 21, 28 days of December, 1970, and on the 4, 11, 18, 25 days of January, 1971 and 1, 8th days of February, 1971 as provided by law. /s/ Mildred N. Lazenby Subscribed and sworn to before me, this 10th day of February, 1971. /s/ Maiodis F. Palmer, Notary Public, Georgia, State at Large. My Commission Expires Jan. 19, 1972. (Seal). Approved April 5, 1971. ROCKDALE COUNTYCOMPENSATION OF TAX COMMISSIONER, ETC., CHANGED. No. 481 (House Bill No. 815). 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 March 14, 1969 (Ga. L. 1969, p. 2219) so as to change the salary of the tax commissioner and his clerks; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3096

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 March 14, 1969 (Ga. L. 1969, p. 2219) is hereby amended by striking from section 4 the figures, $10,800.00 and $4,200.00 and inserting in lieu thereof the figures, $12,000.00 and $5,100.00, respectively, so that when so amended section 4 shall read as follows: Section 4. The tax commissioner of Rockdale County shall receive an annual salary of $12,000.00, 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 $5,100.00, payable in equal monthly installments from the funds of Rockdale 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 1971 Session of the General Assembly of Georgia, a bill to change the compensation of the Tax Commissioner of Rockdale County and of his employees and to make certain other changes to the legislation pertaining to the office of Tax Commissioner of Rockdale County; and for other purposes. This 30th day of December, 1970. Clarence R. Vaughn, Jr. Representative, 74th District Hugh Jordan Representative, 74th District

Page 3097

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence 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 7, 14 and 21, 1971. /s/ Clarence R. Vaughn, Jr. Representative, 74th District Sworn to and subscribed before me, this 24th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. COBB COUNTY JUVENILE COURTCOMPENSATION OF JUDGE CHANGED. No. 483 (House Bill No. 828). An Act to amend an Act providing for the compensation of the judge of the Cobb County Juvenile Court, approved January 17, 1969 (Ga. L. 1969, p. 3560), so as to change the compensation of the judge of the Cobb County Juvenile Court; 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 judge of the Cobb County Juvenile Court, approved

Page 3098

January 17, 1969 (Ga. L. 1969, p. 3560), is hereby amended by striking from section 1 the following: the sum of eighty-four hundred ($8,400.00) dollars and inserting in lieu thereof the following: $12,000.00, so that when so amended section 1 shall read as follows: Section 1. The judge of the Cobb County Juvenile Court shall receive $12,000.00 per annum, which shall be paid in equal monthly installments from the general funds of Cobb County. Section 2 . This Act shall become effective on July 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 January-February, 1971, Session of the General Assembly of Georgia, an act to amend an act fixing the salary of the Judge of the Cobb County Juvenile Court, to provide the method of payment of same and for other purposes. This 19th day of January, 1971. Cyrus M. Chapman J. H. Henderson, Jr. Senators George H. Kreeger Eugene Housley Howard Atherton A. L. Burruss Joe Mack Wilson G. Robert Howard Hugh Lee McDaniell Representatives

Page 3099

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 22, 29, and February 5, 1971. /s/ George H. Kreeger Representative, 117th District Sworn to and subscribed before me, this 18th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. CITY OF NEWNANCHARTER AMENDEDCOMPENSATION OF MAYOR AND ALDERMEN CHANGED. No. 484 (House Bill No. 835). An Act to amend an Act creating a new charter for the City of Newnan in the County of Coweta, approved December 8, 1893 (Ga. L. 1893, p. 272), as amended, particularly by an Act approved March 1, 1963 (Ga. L. 1963, p. 2028), so as to change the compensation of the Mayor and members of the Board of Aldermen; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3100

Section 1 . An Act creating a new charter for the City of Newnan in the County of Coweta, approved December 8, 1893 (Ga. L. 1893, p. 272), as amended, particularly by an Act approved March 1, 1963 (Ga. L. 1963, p. 2028), is hereby amended by striking section 19 in its entirety and inserting in lieu thereof a new section 19, to read as follows: Section 19. The Mayor and members of the Board of Aldermen shall have the power and authority and it shall be their duty to fix the salary of the Mayor and the members of the Board of Aldermen and of all other officers, agents and employees of said City not hereinbefore mentioned and provided for; provided, that the salary of the Mayor shall not exceed two thousand four hundred ($2,400.00) dollars per annum, and the salary of the members of the Board of Aldermen shall not exceed one thousand two hundred ($1,200.00) dollars per annum. Section 2 . This Act shall become effective January 1, 1972. 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 1971 Session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Newnan in the County of Coweta, approved December 8, 1893 (Ga. L. 1893, p. 272), as amended, so as to change the compensation of the Mayor and the members of the Board of Aldermen; and for other purposes. This 18th day of January, 1971. George W. Potts Representative, 30th District Nathan G. Knight Representative, 30th District

Page 3101

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 the 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 21st day of January, 1971, the 28th day of January, 1971, and the 4th day of February, 1971. /s/ E. W. Thomasson Sworn to and subscribed before me, this 15th day of February, 1971. /s/ Charles L. Goodson, Notary Public. Approved April 5, 1971. SALARIES OF CERTAIN COUNTY EMPLOYEES WHOSE SALARIES ARE FIXED BY GENERAL ASSEMBLY CHANGED. (145,000-165,000). No. 485 (House Bill No. 853). An Act to provide additional compensation for certain employees of certain counties whose compensation is fixed by the General Assembly; to authorize the ordinary in such counties to employ additional personnel; to provide for the compensation of such additional personnel; to exclude from the provisions of this 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:

Page 3102

Section 1 . In all counties in this State having a population of not less than 145,000 nor more than 165,000, according to the 1970 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 May 1, 1971. 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 May 1, 1971. Section 2 . The ordinary in such counties is hereby authorized to employ two additional deputy clerks who shall be compensated in the amount of $302.50 each per month. 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. Effective date. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1971. ASSISTANTS FOR CERTAIN COUNTY CORONERS, ETC. (145,000-165,000). No. 486 (House Bill No. 854). An Act to authorize the coroners of certain counties to appoint assistants; to provide for powers, duties and responsibilities of such assistants; to provide for their

Page 3103

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 . In all counties of this State having a population of not less than 145,000 and not more than 165,000, according to the 1970 United States Decennial Census, or any such future census, the coroner may appoint an assistant to assist the coroner in discharging the official duties of his office. While acting in such capacity, such assistant shall possess all of the powers, duties and responsibilities of the coroner. Each such assistant shall receive for his services, as such, a salary of $1,200 per annum, payable in equal monthly installments from the funds of such counties. Section 2 . This Act shall become effective on April 1, 1971. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1971. COMPENSATION OF CERTAIN COUNTY OFFICIALS FIXED. (145,000-165,000). No. 487 (House Bill No. 855). An Act to fix the compensation of certain 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 145,000 nor more than 165,000, according

Page 3104

to the United States Decennial Census or any such future census, the following officers shall receive the following annual salaries: (a) Ordinary $14,800 (b) Clerk of the Superior Court $13,000 (c) State Court Judge $14,800 (d) Solicitor of the State Court $12,500 (e) Assistant Solicitor of the State Court $ 6,000 (f) Treasurer $12,280 (g) Tax Commissioner $13,000 Section 2 . This Act shall become effective on April 1, 1971. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1971. LANIER COUNTYCOMPENSATION OF COUNTY ATTORNEY. No. 489 (House Bill No. 871). An Act to provide the compensation of the Lanier County Attorney; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The Lanier County Attorney shall receive as his full compensation for legal services rendered as said county attorney the amount of $100.00 per month, to be paid from funds of Lanier County.

Page 3105

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 I will introduce a bill in the 1971 regular session of the General Assembly, for the following purposes: To increase the pay and allowance of the Lanier County Sheriff to the sum of $800.00 per month; to increase the pay and allowances of one Deputy Sheriff to the sum of $600.00 per month; and to increase the salary of the County Attorney to the sum of $100.00 per month. Hanson Carter Representative, 64th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hanson Carter, 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 11, 18 and 25, 1971. /s/ Hanson Carter Representative, 64th District Sworn to and subscribed before me, this 25th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971.

Page 3106

LANIER COUNTYCOMPENSATION OF SHERIFF CHANGED, ETC. No. 490 (House Bill No. 872). 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, particularly by an Act approved April 25, 1969 (Ga. L. 1969, p. 3616), so as to change the compensation of the sheriff and his deputy; to provide for a secretary for 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 Lanier County on an annual salary, approved February 22, 1965 (Ga. L. 1965, p. 2036), as amended, particularly by an Act approved April 25, 1969 (Ga. L. 1969, p. 3616), is hereby amended by striking subsection (a) of section 1 in its entirety and by inserting in lieu thereof a new subsection (a), to read as follows: (a) The sheriff shall receive a salary of $650.00 per month, from the funds of Lanier County, and, in addition thereto, shall be paid a monthly automobile expense allowance of $150.00. The sheriff shall be authorized to appoint a deputy who shall be compensated by Lanier County in the sum of $450.00 per month, payable from the funds of Lanier County, and, in addition thereto, shall be paid a monthly automobile expense allowance of $150.00. The sheriff shall be entitled to a secretary, who shall receive a salary of $65.00 per week. 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 Apply for Local Legislation. Notice is hereby given that I will introduce a bill in the

Page 3107

1971 regular session of the General Assembly, for the following purposes: To increase the pay and allowances of the Lanier County Sheriff to the sum of $800.00 per month; to increase the pay and allowances of one Deputy Sheriff to the sum of $600.00 per month; and to increase the salary of the County Attorney to the sum of $100.00 per month. Hanson Carter Representative, 64th District, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hanson Carter, 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 11, 18 and 25, 1971. /s/ Hanson Carter Representative, 64th District Sworn to and subscribed before me, this 25th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971.

Page 3108

SPALDING COUNTYCOMPENSATION OF CORONER CHANGED. No. 492 (House Bill No. 880). An Act to amend an Act abolishing the fee system as the mode of compensation of the Coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, approved March 6, 1962 (Ga. L. 1962, p. 3068), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2561), so as to change the compensation of the Coroner of Spalding County; 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 as the mode of compensation of the Coroner of Spalding County and providing in lieu thereof a salary for the compensation of such officer, approved March 6, 1962 (Ga. L. 1962, p. 3068), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2561), is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2, which shall read as follows: Section 2. From and after February 28, 1971, the Coroner of Spalding County shall be paid a salary at the rate of one thousand seven hundred twenty-eight dollars ($1,728.00) per annum, which salary shall be apportioned and payable for the last ten months of the year 1971 at said annual rate and shall be payable for all subsequent years at said annual rate from the funds of Spalding County, and said salary shall be payable in equal monthly installments, as accrued, on the last day of each month, which said salary shall be in full payment of all services rendered by said officer and said compensation shall be all inclusive and said officer shall not receive any other compensation for services performed as Coroner of Spalding County. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3109

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1971 session of the General Assembly of Georgia a Bill to change the compensation of the Coroner of Spalding County; to repeal conflicting laws and for other purposes. This the 4th day of February, 1971. Maureen C. Jackson, As Clerk of Spalding County Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Quimby Melton, Jr., 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: February 6, 13 and 20, 1971. /s/ Quimby Melton, Jr. Representative, 32nd District Sworn to and subscribed before me, this 1st day of March, 1971. /s/ Amelia Smith, Notary Public. (Seal). Approved April 5, 1971.

Page 3110

SPALDING COUNTYCOMPENSATION OF TAX COMMISSIONER CHANGED. No. 493 (House Bill No. 881). An Act to amend an Act consolidating the offices of tax receiver and tax collector of Spalding County, approved February 16, 1950 (Ga. L. 1950, p. 2583), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2659), so as to change the salary of the Tax Commissioner of Spalding County, which salary shall be paid in addition to the additional annual compensation of $150.00 for each four-year term or part thereof completed by such officer; 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 Spalding County, approved February 16, 1950 (Ga. L. 1950, p. 2583), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2659), is hereby amended by striking subsections (a) and (b) of section 3 in their entirety and substituting in lieu thereof two new subsections to read as follows: (a) From and after February 28, 1971, the Tax Commissioner of Spalding County shall be paid a salary at the rate of thirteen thousand two hundred dollars ($13,200.00) per annum, which shall be in addition to the sum authorized in subsection (c). (b) Said salary shall be apportioned and payable for the last ten months of the year 1971 at said annual rate and shall be payable for all subsequent years at said annual rate from the funds of Spalding County and shall be payable, as accrued, in equal monthly installments, on the last day of each month. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3111

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1971 session of the General Assembly of Georgia a Bill to change the compensation of the Tax Commissioner of Spalding County; to repeal conflicting laws and for other purposes. This the 4th day of February, 1971. Maureen C. Jackson, as Clerk of Spalding County Commissioners. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Quimby Melton, Jr. 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: February 6, 13 and 20, 1971. /s/ Quimby Melton, Jr. Representative, 32nd District Sworn to and subscribed before me, this 1st day of March, 1971. /s/ Amelia Smith Notary Public. (Seal). Approved April 5, 1971.

Page 3112

SPALDING COUNTY BOARD OF COMMISSIONERSCOMPENSATION CHANGES. No. 494 (House Bill No. 883). An Act to amend an Act creating the Board of Commissioners of Spalding County, approved February 5, 1873 (Ga. L. 1873, p. 289), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2498), so as to change the salary of the Chairman of the Board of Commissioners of Spalding County and the salary of each of the other Commissioners of Spalding County, which salaries shall be in addition to the expense allowance provided for in an Act approved February 23, 1956 (Ga. L. 1956, p. 2440); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Board of Commissioners of Spalding County, approved February 5, 1873 (Ga. L. 1873, p. 289), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2498), is hereby amended by striking section II of said Act in its entirety and substituting in lieu thereof a new section II, to read as follows: Section II. The Chairman of the Board of Commissioners of Spalding County shall receive a salary at the rate of five thousand seven hundred sixty dollars ($5,760.00) per annum for his services, and each of the other two Commissioners of Spalding County shall respectively receive a salary at the rate of five thousand forty dollars ($5,040.00) per annum for his services, which said salaries shall be effective from and after February 28, 1971, and shall be apportioned and payable for the last ten months of the year 1971 at said respective annual rates and shall be payable for all subsequent years at said respective annual rates from the funds of Spalding County and shall be payable, as accrued, in monthly installments or other installments at the will and sole discretion of the majority of said three Commissioners, which said amounts or salaries shall be paid in addition to any expense allowance

Page 3113

paid by Spalding County to said Chairman or either of said Commissioners. The aforesaid salaries or compensation for services rendered shall be paid by Spalding County in addition to the expense allowance authorized and provided for in the Act approved February 23, 1956 (Ga. L. 1956, p. 2440). 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 1971 session of the General Assembly of Georgia a Bill to change the compensation of the Commissioners of Spalding County and the Chairman of the Board of Commissioners of Spalding County; to repeal conflicting laws and for other purposes. This the 4th day of February, 1971. Maureen C. Jackson, as Clerk of Spalding County Commissioners. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Quimby Melton, Jr. 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: February 6, 13 and 20, 1971. /s/ Quimby Melton, Jr. Representative, 32nd District

Page 3114

Sworn to and subscribed before me, this 1st day of March, 1971. /s/ Amelia Smith, Notary Public. (Seal). Approved April 5, 1971. CITY OF SAVANNAHSALARIES OF BOARD OF ALDERMEN CHANGED, ETC. No. 495 (House Bill No. 888). An Act to amend an Act providing for salaries for the Board of Aldermen of the City of Savannah, approved August 6, 1903 (Ga. L. 1903, p. 665), as amended, particularly by an Act approved December 3, 1953 (Ga. L. 1953, p. 2019), so as to amend said amendatory Act to change the salary of the Board of Aldermen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for salaries for the Board of Aldermen of the City of Savannah, approved August 6, 1903 (Ga. L. 1903, p. 665), as amended, particularly by an Act approved December 3, 1953 (Ga. L. 1953, p. 2019), is hereby amended by striking from section 13 of said amendatory Act the following: $100, and substituting in lieu thereof the following: $200, so that when so amended section 13 of said amendatory Act shall read as follows:

Page 3115

Section 13. The salary of the mayor shall be fixed by the mayor and aldermen, but shall not be less than $5,000 per annum. The salary of each alderman shall be $200 per month. The following Acts and parts of Acts of the General Assembly are hereby repealed: (1) Section 5 of the Act approved February 5, 1943, (Acts 1943, p. 1573), which authorizes the mayor and aldermen to fix a salary for the chairman of the police committee of council; (2) Section 1 of the Act approved February 8, 1945, (Acts 1945, p. 578) which provides a fee for aldermen for attending meetings of council; (3) Section 5 of the Act of February 19, 1951, (Acts 1951, p. 2537), which gives authority to pay salaries of $150 to the chairman of the police and to the chairman of the finance committee of council. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Georgia, Chatham County. Notice is hereby given of the intention to apply for legislation affecting the charter of the Mayor and Aldermen of the City of Savannah to change the corporate limits; to provide for assessment and collection of ad valorem taxes and licenses; to repeal any limitation upon levying taxes or licenses based on gross or net receipts; to provide for compensation of officials; to otherwise amend the laws contained in the charter of the Mayor and Aldermen of the City of Savannah, and for other purposes. James B. Blackburn City Attorney

Page 3116

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Alan S. Gaynor who, on oath, deposes and says that he is Representative from the 88th 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 22, 29 and February 5, 1971. /s/ Alan S. Gaynor Representative, 88th District Sworn to and subscribed before me, this 25th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. LAMAR COUNTY BOARD OF COMMISSIONERSCOMPENSATION CHANGES. No. 496 (House Bill No. 890). An Act to amend an Act creating a Board of Commissioners for Lamar County, approved March 8, 1943 (Ga. L. 1943, p. 1066), as amended, particularly by an Act approved February 28, 1961 (Ga. L. 1961, p. 2109), so as to change the compensation of the 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:

Page 3117

Section 1 . An Act creating a Board of Commissioners for Lamar County, approved March 8, 1943 (Ga. L. 1943, p. 1066), as amended, particularly by an Act approved February 28, 1961 (Ga. L. 1961, p. 2109), is hereby amended by striking in its entirety section 6 and substituting in lieu thereof a new section 6 to read as follows: Section 6. The chairman of the Board shall receive as compensation for his services as such the sum of $225.00 per month. The other members of the Board shall receive as compensation for their services as such the sum of $175.00 per month. Two members of the Board shall constitute a quorum and must concur in order to pass any order for any contract or pledge of the county's credit or to grant or allow any claim or charge against said county. No member of the Board shall sell directly or indirectly to the county or buy or deal in county warrants or jury scrip. Section 2 . The compensation provided for in Section 1 shall be paid at said rate from January 1, 1971. 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 1971 session of the General Assembly of Georgia, a bill to change the compensation of the members of the Board of Commissioners of Lamar County; and for other purposes. This 8th day of Feb., 1971. J. R. Smith Representative, 39th District Marvin Adams Representative, 39th District

Page 3118

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. R. Smith 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 News-Gazette which is the official organ of Lamar County, on the following dates: February 11, 18 and 25, 1971. /s/ J. R. Smith Representative, 39th District Sworn to and subscribed before me, this 1st day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. STEPHENS COUNTY BOARD OF EDUCATION TO BE ELECTED, ETC.REFERENDUM. No. 497 (House Bill No. 891). An Act to provide for the election of members of the Stephens County Board of Education; to provide their terms of office and qualifications; to provide for the filling of vacancies of said Board; to provide the powers and duties of said Board; to provide for the appointment of the Stephens County School Superintendent by the Board; to provide qualifications for the School Superintendent; to provide for a referendum; to repeal conflicting laws; and for other purposes.

Page 3119

Be it enacted by the General Assembly of Georgia: Section 1 . There is hereby created a Board of Education for Stephens County. For the purpose of electing the members of the Board, Stephens County shall be composed of seven school board posts, as follows: Post 1 shall consist of the entire County of Stephens; Post 2 shall consist of the Toccoa Militia District; Post 3 shall consist of the Wolfpit Militia District; Post 4 shall consist of the Currahee Militia District; Post 5 shall consist of the Broad River Militia District; Post 6 shall consist of the Martin Militia District; Post 7 shall consist of the Big Smith Militia District. All members of the Board shall be elected by the qualified voters of the county in the manner as hereinafter set out: Candidates for each post shall declare for which post they seek election, and they must receive a majority of votes cast for that post in order to be elected. In the event a candidate shall not receive a majority of votes cast for a particular post a runoff election shall be called by the Ordinary between the candidates receiving the highest number of votes in the post involved. Of the seven candidates elected, the four receiving the highest number of votes shall be declared to be elected for initial terms of office of four years each and until their successors are elected and qualified. Thereafter, the members of the Board from such posts shall be elected to terms of four years each and until their successors are elected and qualified. The three candidates receiving the next highest number of votes shall be declared elected for initial terms of two years and until their successors are elected and qualified. Thereafter, members of the Board elected to such posts shall be elected to terms of office of four years and until their successors are elected and qualified. All members shall serve until their successors are elected and qualified and shall begin their term of office on January 1 of the year following their election.

Page 3120

The initial election of said Board shall be at the general election in 1972. In the event the vote cast in the initial election results in a failure to determine which members shall be elected for four-year terms, or which members shall be elected for two-year terms, there shall be a runoff election held at the same time and in the same manner as contained in runoff election provisions of the Georgia Election Code, and the candidates in such runoff election shall be those candidates receiving the highest total of votes cast for each post, or any combination of them, as the case may be, to determine the initial terms of office provided for herein. Any person shall be eligible to seek election as a member of the Board who is of good moral character, who is a registered elector, who has resided in Stephens County for a period of at least twelve months immediately preceding the beginning of the term for which he seeks election, and who shall reside in the area which is covered by the board post for which he offers. The Board of Education in existence prior to the effective date of this Act shall continue to function until the members elected pursuant to this Act take office. Section 2 . The Board shall exercise all of the powers, duties and authorities of the present Board of Education for Stephens County, and all other powers, duties and authorities which may be exercised by county boards of education, and such additional powers, duties and authorities as are provided for said Board in this Act. The Board shall have the power to appoint a qualified person to fill any vacancies existing on the Board for any reason whatsoever, any such person appointed shall only serve to the next general election at which time an election for the unexpired term shall be held. Such person shall be eligible to succeed himself only once after serving four years in such position. The members of the Board shall receive $20 per diem for each meeting actually attended, but no member shall draw more than 20 days during any calendar year. Powers. Section 3 . Beginning July 1, 1973, and thereafter, the

Page 3121

County School Superintendent shall be appointed by the Board and shall serve at the pleasure of the Board. The Board shall have the power to fix the powers, duties, responsibilities, authorities and compensation of such superintendent, none of which shall conflict with any general law. The present County School Superintendent shall continue to serve as such until the appointment of a new County School Superintendent. Appointment of superintendent. Section 4 . 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 Stephens County to issue the call for an election for the purpose of submitting this Act to the voters of said 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 Stephens County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act creating a new Board of Education for Stephens County and providing for the appointment of the County School Superintendent be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Stephens 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 3122

Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Legislation. The petition asking for another election containing more signatures of registered voters than the petition opposing it. Therefore, notice is hereby given that there will be introduced in the 1971 session of the General Assembly of Georgia, a bill allowing the people to decide on the question of electing seven school board members, one from each Militia District and one county at large. Each school board member shall be voted on county at large and the bill requires the school board to appoint the School Superintendent and for other purposes as petitioned me. Don C. Moore Representative, 6th District 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 Piedmont Herald which is the official organ of Stephens County, on the following dates: February 4, 11 and 18, 1971. /s/ Don C. Moore Representative 6th District Sworn to and subscribed before me, this 1st day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971.

Page 3123

IRWIN COUNTYCOMPENSATION OF SHERIFF'S SECRETARY CHANGED, ETC. No. 498 (House Bill No. 892). An Act to amend an Act placing the Sheriff of Irwin County on a salary system of compensation in lieu of the fee system, approved February 28, 1966 (Ga. L. 1966, p. 2241), so as to change the maximum compensation of the Sheriff's secretary; to change the amount of compensation for feeding prisoners confined in the county jail; to provide for all matters relative thereto; 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 Irwin County on a salary system of compensation in lieu of the fee system, approved February 28, 1966 (Ga. L. 1966, p. 2241), is hereby amended by striking from section 7 the following: $40.00, and inserting in lieu thereof the following: $50.00, so that, when so amended, section 7 shall read as follows: Section 7 . The governing authority of Irwin County is hereby empowered to authorize the sheriff to employ one secretary of his own choice at a salary of not less than $30.00 per week and not more than $50.00 per week. The exact amount of the salary of the secretary shall be recommended by the sheriff and determined by the governing authority. The secretary shall be paid in equal weekly installments from the funds of Irwin County. The sheriff may discharge such secretary at any time with or without cause. Section 2 . Said Act is further amended by striking from section 10 the following:

Page 3124

$1.50, and inserting in lieu thereof the following: $2.00, so that, when so amended, section 10 shall read as follows: Section 10. The governing authority of Irwin County shall pay to the sheriff from the funds of Irwin County in addition to all other compensation the sum of $2.00 per day for each prisoner confined in the county jail to feed said prisoners. 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 there will be introduced at the regular 1971 Session of the General Assembly of Georgia a bill to amend an act setting forth the salary schedule for the sheriff's office of Irwin County, Georgia, approved February 28, 1966, Ga. L. 1966, page 2241, so as to change the compensation of the secretary of the Sheriff and so as to change the amount of board for prisoners allowed the sheriff, and to provide an effective date thereof. This January 8th, 1971. E. T. Hudson State Representative, Post No. 2, House District 48 Georgia, Irwin County. Personally before me, the undersigned officer, duly authorized by law to administer oaths, appeared Julian Connell, to me well known, of said State and County, and who first being sworn to speak the truth, on oath says; that he is editor and publisher of the Ocilla Star, a newspaper with a general circulation throughout said county and in which

Page 3125

newspaper the sheriff's advertisements for said county are published; and that the attached printing is an exact copy of the notice that has been published in the said Ocilla Star in the weekly issues of January 14th, January 21st, and January 28th, 1971. /s/ Julian Connell Sworn to and subscribed before me, this 27th day of February, 1971. /s/ Murphey Rogers Notary Public, Irwin County, Ga. My Commission expires: 12-5-74. (Seal). Approved April 5, 1971. GLYNN COUNTYBOARD OF COMMISSIONERSCOMPENSATION CHANGED. No. 499 (House Bill No. 898). An Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Glynn County, approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended particularly by an Act approved March 6, 1961 (Ga. L. 1961, p. 2186), so as to change the compensation of the 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 the Board of Commissioners of Roads and Revenues for Glynn County, approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended particularly by an Act approved March 6, 1961 (Ga. L. 1961, p. 2186), is hereby amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows:

Page 3126

Section 6. The chairman of said board shall receive a salary of two hundred dollars ($200) per month. Each of the other members of said board shall receive a salary of one hundred fifty dollars ($150) per month. Such board is authorized to employ a clerk and such other employees as in their judgment are necessary or proper for the carrying on of the affairs of the county and to fix the salary and terms of employment for all of its employees. Said board shall have authority to require of any or all of its employees such bonds as in their judgment should be given by such employees for the faithful discharge of their duties. 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 1971 Session of the General Assembly of Georgia, a bill so as to change the compensation of the Board of Commissioners, Glynn County, Georgia; and for other purposes. Lowell E. Leggett Representative, 67th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lowell E. (Gene) Leggett 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

Page 3127

organ of Glynn County, on the following dates: February 6, 13 and 20, 1971. /s/ Lowell E. (Gene) Leggett Representative, 67th District Sworn to and subscribed before me, this 1st day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. CORONER'S FEESCHANGED POPULATION FIGURES (165,000-185,000). Code 21-105 Amended. No. 500 (House Bill No. 912). An Act to amend Code section 21-105, relating to fees of coroners, as amended, particularly by an Act approved April 4, 1967 (Ga. L. 1967, p. 293), so as to change certain of the population figures and census contained therein; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Code section 21-105, relating to fees of coroners, as amended, particularly by an Act approved April 4, 1967 (Ga. L. 1967, p. 293), is hereby amended by striking therefrom the following: having a population of not less than 150,000 and not more than 175,000, according to the United States census of 1960, or any future United States census,,

Page 3128

and substituting in lieu thereof the following: having a population of not less than 165,000 and not more than 185,000, according to the U. S. decennial census of 1970 or any such future census,. 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. Approved April 5, 1971. GLYNN COUNTY SHERIFF'S COMPENSATION CHANGED, ETC. No. 501 (House Bill No. 925). An Act to amend an Act placing the sheriff of Glynn County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2806), as amended, particularly by an Act approved March 10, 1964 (Ga. L. 1964, p. 2577), and an Act approved April 28, 1969 (Ga. L. 1969, p. 3905), so as to change the compensation of the sheriff and certain other personnel within the sheriff's office; to provide that the compensation received by the sheriff and certain other personnel shall be exclusive; 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 upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2806), as amended, particularly by an Act approved March 10, 1964 (Ga. L. 1964, p. 2577), and an Act approved April 28, 1969 (Ga. L. 1969, p. 3905), is hereby amended by striking in its entirety section 2 and substituting in lieu thereof a new section 2 to read as follows:

Page 3129

Section 2A. The sheriff shall be authorized to appoint the following deputies and other personnel to assist him: 1 Chief Deputy 1 Senior Deputy 3 Additional Deputies 1 Office Deputy 1 Chief Jailer 2 Additional Jailers 1 Cook. 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. (a) The governing authority of Glynn County shall fix the compensation to be received by the sheriff, his deputies and jailers as follows: SheriffNot less than $11,500 nor more than $16,000. DeputiesNot lesss than $4,800 nor more than $12,000. JailersNot less than $3,600 nor more than $7,000. Cook$1,500 per annum plus the additional sum of $150 per annum for each two years of service served after January 1, 1965, to be computed on a calendar year basis, with January 1 of each year as the date of beginning of the calendar year. (b) The compensation authorized for the above employees shall be fixed by the governing authority of Glynn County and shall be paid in equal monthly installments out of the funds of Glynn County. (c) The compensation provided for the above named officers shall be exclusive and shall be in lieu of all other compensation and allowances provided by law, including any compensation and allowances authorized for such officers'

Page 3130

and employees' service as ex officio officers of the State Court of Glynn County, and such officers and employees shall receive no other compensation or allowances for their services as ex officio officers of said court, notwithstanding any other provisions of any Act to the contrary. Section 3 . This Act shall become 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 Legislation. Notice is hereby given that there will be introduced at the regular 1971 session of the General Assembly of Georgia a bill to change the compensation of the Sheriff of Glynn County and his deputies; to provide for additional employees of the Sheriff; to provide for their duties, powers and compensation; to repeal conflicting laws; and for other purposes. This 25th day of January, 1971. Lowell E. Leggett Representative, 67th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lowell E. Leggett 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: January 30, February 6 and 13, 1971. /s/ Lowell E. Leggett Representative, 67th District

Page 3131

Sworn to and subscribed before me, this 1st day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. STATE COURT OF CANDLER COUNTYCOMPENSATION OF JUDGE AND SOLICITOR CHANGED. No. 502 (House Bill No. 926). An Act to amend an Act establishing the City Court of Metter (now State Court of Candler County), approved July 29, 1920 (Ga. L. 1920, p. 364), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 2780), and by an Act approved March 23, 1960 (Ga. L. 1960, p. 3310), 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 establishing the City Court of Metter (now State Court of Candler County), approved July 29, 1920 (Ga. L. 1920, p. 364), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 2780), and by an Act approved March 23, 1960 (Ga. L. 1960, p. 3310), 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 further enacted by the authority aforesaid, that any person who shall be elected or appointed judge of said court, must, at the time of his election or appointment, be at least twenty-five years of age, must have

Page 3132

been a practicing attorney for at least three years, and must have resided in Candler County for at least one year immediately prior thereto and he shall, before entering upon the discharge of his duties take and subscribe the following oath: `I swear that I will administer justice without respect of persons, and do equal rights to the poor and rich, and that I will faithfully and impartially discharge and perform all of the duties incumbent on me as judge of said State Court of Candler County, according to the best of my ability and understanding, and agreeably to the laws and Constitution of the State and the Constitution of the United States, so help me God.', which oath shall be forwarded promptly to the Governor and filed in the Executive Department. The judge of said court shall receive a salary of three thousand, two hundred fifty ($3,250.00) dollars a year, which shall be paid monthly out of the treasury or depository of Candler County, as other current expenses are paid, by the Board of Commissioners of Roads of Candler County, and such county authority shall annually make provision by levying taxes for this purpose. Judge. Section 2 . 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. Be it further enacted by the authority aforesaid, that there shall be a solicitor of said court, who shall be elected or appointed 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 and a resident of Candler County for one year prior to his election or appointment. A vacancy in the office of solicitor of said court shall be filled in the same manner as a vacancy in the office of the judge thereof is filled. The duties of the solicitor shall be to prosecute all offenses cognizable before said court, and shall represent the State in all cases carried to the higher courts. The said solicitor shall receive a salary of two thousand, seven hundred fifty ($2,750.00) dollars per year, which shall be paid in the same manner, as the judge's salary is paid. In the absence or disqualification of the solicitor of said court, the judge thereof shall appoint a solicitor pro tem, who shall discharge the same duties

Page 3133

as the solicitor, and for such services he shall receive the sum of ten ($10.00) dollars for each conviction and the sum of five ($5.00) dollars for each plea of guilty entered, which fee is to be paid out of the salary of the solicitor. The solicitor of said court, before entering upon the discharge of the duties of his office shall take and subscribe the following oath, to wit: `I do solemnly swear that I will faithfully and without fear, favor or affection, and impartially, and to the best of my ability and understanding discharge all of the duties devolving upon and required of me as solicitor, so help me God.' The said oath shall be filed in the Clerk's office of said court and entered upon the minutes thereof. Solicitor. 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 Intent to Introduce Local Legislation. Georgia, Candler County. Notice is hereby given that there will be introduced at the 1971 session of the General Assembly of the State of Georgia, a bill to change the compensation of the Judge and the Solicitor of the State Court of Candler County, Georgia. This February 8, 1971. /s/ Hardwick Lanier, Chairman Board of Commissioners, Candler County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority,

Page 3134

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 11, 18 and 25, 1971. /s/ Hines L. Brantley Representative, 52nd District Sworn to and subscribed before me, this 1st day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. RABUN COUNTYCOUNTY EMPLOYEES' SALARIES. No. 504 (House Bill No. 931) An Act to set the scale of salaries for clerical employees of Rabun County; to provide for the determination thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The salary for each clerical employee of Rabun County shall be not less than $250.00 per month and not more than $400.00 per month, the scale for which shall be set by the governing authority of Rabun County, which scale shall set all salaries in such a manner as to make them competitive with those of local industrial clerical employees. When an elected official or department head shall certify

Page 3135

that any or all of his employees meet the criteria established, it shall be mandatory upon the governing authority to provide a salary increase for each said employee in accordance with the scale. Section 2 . 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 1971 a local bill so as to change the compensation of all clerical personnel employed by Rabun County, Georgia and also all personnel employed by the constitutional officers of Rabun County, Georgia and for other purposes. Maylon K. London State Senator, Fiftieth District Jack Gunter State Representative, District 6, Post 2 Don C. Moore State Representative, District 6, Post 1 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 Clayton Tribune which is the official organ of Rabun County, on the following dates: January 28, February 4, and 11, 1971. /s/ Jack N. Gunter Representative, 6th District

Page 3136

Sworn to and subscribed before me, this 1st day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. (Seal). Approved April 5, 1971. CLERK OF SUPERIOR COURT PLACED ON SALARY, ETC. (8,250-8,330). No. 505 (House Bill No. 950). An Act to abolish the present mode of compensating the Clerk of the Superior Court of each county with a population of not less than 8,250 and not more than 8,330, according to the 1970 United States Decennial Census or any such future census, 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 each officer; to provide for the compensation for such personnel; 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 each county with a population of not less than 8,250 and not more than 8,330, according to the 1970 United States Decennial Census or any such future census, known as the fee system, is hereby abolished, and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Fee system abolished.

Page 3137

Section 2 . The Clerk of the Superior Court of said county shall receive an annual salary of $9,600, payable in equal monthly installments from county funds. 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 Clerk of the Superior Court 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. County funds. Section 4 . The Clerk of the Superior Court 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. He 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 said 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 Clerk of the Superior Court, 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. Personnel. Section 5 . The necessary operating expenses of the Clerk of the Superior Court's office, expressly including

Page 3138

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, uniforms, vehicles 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 said County. Expenses. Section 6 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1971. SHERIFF PLACED ON SALARY, ETC. (8,250-8,330). No. 506 (House Bill No. 951). An Act to abolish the present mode of compensating the Sheriff of each county with a population of not less than 8,250 and not more than 8,330, according the the 1970 United States Decennial Census or any such future census, 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 repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The present mode of compensating the Sheriff of each county with a population of not less than 8,250 and not more than 8,330, according to the 1970 United States Decennial Census or any such future census, known

Page 3139

as the system is hereby abolished, and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Fee system abolished. Section 2 . The Sheriff of said county shall receive an annual salary of $9,600, payable in equal monthly installments from county funds. 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 Sheriff 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. County funds. Section 4 . The Sheriff 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. He 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 said 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 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. Personnel.

Page 3140

Section 5 . The necessary operating expenses of the Sheriff'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, uniforms, vehicles 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 said County. Expenses. Section 6 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1971. COMPENSATION OF EMPLOYEES' IN SHERIFF'S OFFICE CHANGED. (145,000-165,000). No. 507 (House Bill No. 952). 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, particularly by an Act approved April 28, 1969 (Ga. L. 1969, p. 3901), so as to change the compensation provisions relative to employees in the sheriff's office; to change the minimum and maximum population brackets of said Act; 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

Page 3141

amended, particularly by an Act approved April 28, 1969 (Ga. L. 1969, p. 3901), 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. That the provisions of this Act shall apply to all counties in the State of Georgia having, by the United States census of 1970, a population of not less than 145,000 inhabitants or more than 165,000 inhabitants, and to all counties in the State having by any future census of the United States, a population of not less than 145,000 inhabitants or more than 165,000 inhabitants, and on the publication of said census any county not now having said population of 145,000 but by said new census having said population, such county shall immediately automatically pass under the terms of this Act. In all such counties the fee system for compensating the officers herein named shall be abolished except those fees that are paid by the State to the tax collector and tax receiver, and the officers herein named shall hereafter be paid salaries as herein provided instead of fees as under the fee system except for the fees to be paid by the State as will be hereinafter provided. 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. 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 $838.11 per month 1 Major $751.47 per month 1 Chief Criminal Investigator $663.06 per month 2 Captains $663.06 per month 1 ID Fingerprint Expert $615.32 per month 1 Chief Civil Deputy $663.06 per month 4 Civil Deputies $615.32 per month 6 Lieutenants $615.32 per month 18 Criminal Investigators $615.32 per month 1 Chief Jailer $615.32 per month 61 Patrol Deputies $450.00 to $559.63 per month 2 Bookkeepers (1 jail, 1 office) $551.67 per month 1 Secretary $515.07 per month 13 Assistant Jailers Turnkeys $450.00 to $510.83 per month 9 Clerk-Dispatchers $450.00 to $510.83 per month 2 Mechanic Helpers $445.00 per month 4 Office Clerks $360.50 to $453.80 per month 4 Matrons $351.00 to $383.52 per month The above employees shall not work more than 40 hours per week except in case of emergency. Where such employees are required to work more than 40 hours in a week, they shall be entitled to overtime pay, the amount of which shall be determined by the governing authority and sheriff's office of such counties. 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. Approved April 5, 1971.

Page 3143

COBB COUNTYCOMPENSATION OF SHERIFF, CHIEF DEPUTY SHERIFF, CLERK AND DEPUTY CLERK, AND CLERK OF COURT OF ORDINARY CHANGED. No. 508 (House Bill No. 969). 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 April 23, 1969 (Ga. L. 1969, p. 3342), so as to change the compensation of the sheriff, chief deputy sheriff, clerk and deputy clerk of the superior court, and clerk of the 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 April 23, 1969 (Ga. L. 1969, p. 3342), is hereby amended by striking from section 2 the figures $13,750.00 and $12,500.00 and inserting in lieu thereof the figures $16,000.00 and $19,500.00, respectively, so that when so amended section 2 shall read as follows: Section 2. That the salary of the clerk of the superior court and the sheriff of Cobb County shall be $16,000.00 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 $19,500.00, to be paid in equal monthly installments from the funds of Cobb County. Salaries. Section 2 . Said Act is further amended by striking from section 3 the following: $10,505.00

Page 3144

and substituting in lieu thereof the following: $11,500.00, so that when so amended section 3 shall 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 $11,500.00 per annum to be paid in equal monthly installments from the funds of Cobb County. Ordinary's clerk. Section 3 . Said Act is further amended by striking from section 4 the following: $11,330.00 and substituting in lieu thereof the following: $13,500.00, so that when so amended section 4 shall read as follows: Section 4. That the clerk of the superior court of Cobb County shall have a deputy clerk whose salary shall be $13,500.00 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 of the superior court shall have thirty days from said date of death or removal from office of said deputy clerk to

Page 3145

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. Clerk and deputy clerk. Section 4 . Said Act is further amended by striking from section 5 the following: $11,330.00 and substituting in lieu thereof the following: $13,580.00, so that when so amended section 5 shall read as follows: Section 5. That the sheriff of Cobb County shall have one chief deputy whose salary shall be $13,580.00 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

Page 3146

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 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 Peach 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 clerk. Section 5 . This Act shall become effective on January 1, 1973. 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 January-February, 1971 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 8th day of February, 1971. Cyrus M. Chapman Senator, 32nd District

Page 3147

George H. Kreeger Representative, 117th District Dr. J. H. Henderson, Jr. Senator, 33rd District G. Robert Howard Representative, 117th District Eugene Housley Representative 117th District Hugh Lee McDaniell Representative, 117th District Howard Atherton Representative, 117th District A. L. Burruss Representative, 117th District Joe Mack Wilson Representative, 117th District 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: February 12, 19 and 26, 1971. /s/ George H. Kreeger Representative, 117th District

Page 3148

Sworn to and subscribed before me, this 25th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. STATE COURT OF COBB COUNTYSALARIES OF JUDGE AND CLERK CHANGED. No. 509 (House Bill No. 971). An Act to amend an Act creating the State Court of Cobb County (formerly known as the Civil and Criminal Court of Cobb County), approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 25, 1969 (Ga. L. 1969, p. 3588), so as to change the salary provisions relating to 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 State Court of Cobb County (formerly known as the Civil and Criminal Court of Cobb County), approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 25, 1969 (Ga. L. 1969, p. 3588), is hereby amended by striking from section 23 the figures $20,900 and $11,550.00, and inserting in lieu thereof the figures $24,000.00 and $14,000.00, respectively, so that when so amended section 23 shall read as follows: Section 23. The salary of the judges of the State Court of Cobb County shall be $24,000.00 per annum, payable in equal monthly installments from the funds of Cobb County. The clerk of the State Court shall receive an annual salary

Page 3149

of $14,000.00, 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. Salaries. Section 2 . This Act shall become effective on January 1, 1973. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Effective date. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1971 Session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Cobb County, formerly the Civil and Criminal Court of Cobb County, approved March 28, 1964, (Ga. L. 1964, p. 3211); and for other purposes. This 22nd Day of December, 1970. Cyrus M. Chapman J. H. Henderson, Jr. Senators George H. Kreeger Eugene Housley Howard Atherton A. L. Burruss Joe Mack Wilson G. Robert Howard Hugh Lee McDaniell Representatives Georgia, Fulton County.

Page 3150

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 8, 15 and 22, 1971. /s/ George H. Kreeger Representative, 117th District Sworn to and subscribed before me, this 24th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. COBB COUNTY BOARD OF COMMISSIONERSCOMPENSATION CHANGES. No. 510 (House Bill No. 973). 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, particularly by an Act approved April 23, 1969 (Ga. L. 1969, p. 3280), so as to change the compensation of the chairman of the board of commissioners; to change the compensation of the 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 for Cobb County, Georgia, approved June 19, 1964 (Ga. L.

Page 3151

1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved April 23, 1969 (Ga. L. 1969, p. 3280), is hereby amended by striking from section 8 the following: three thousand nine hundred and sixty ($3,960.00) dollars and inserting in lieu thereof the following: five thousand four hundred ($5,400.00) dollars, and by striking therefrom the following: fifteen thousand ($15,000.00) dollars and inserting in lieu thereof the following: twenty-five thousand ($25,000.00) 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 five thousand four hundred ($5,400.00) 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 twenty-five thousand ($25,000.00) 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 on January 1, 1973. 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

Page 3152

the January-February 1971 Session of the General Assembly of Georgia, a bill to amend an act creating a board of commissions of Roads and Revenue for Cobb County, Georgia, approved June 19, 1964, (Ga. L. 1964, Ex. Sess., p. 2075), and for other purposes. This 22nd Day of December, 1970. Cyrus Chapman J. H. Henderson, Jr. Senators George H. Kreeger Eugene Housley Howard Atherton A. L. Burruss Joe Mack Wilson G. Robert Howard 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 8, 15 and 22, 1971. /s/ George H. Kreeger Representative, 117th District

Page 3153

Sworn to and subscribed before me, this 25th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. CITY OF MARIETTA CHARTER AMENDEDCORPORATE LIMITS CHANGED, ETC. No. 511 (House Bill No. 983). An Act to amend an Act providing for a new charter for the City of Marietta, Georgia, approved August 15, 1904 (Ga. L. 1904, p. 519), as amended, particularly by an Act approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2267), an Act approved March 2, 1959 (Ga. L. 1959, p. 2111), an Act approved February 15, 1962 (Ga. L. 1962, p. 2110), an Act approved March 10, 1964 (Ga. L. 1964, p. 2822), and an Act approved April 1, 1965 (Ga. L. 1965, p. 3126), so as to extend the corporate limits of said city; to remove the conflict regarding the compensation of the mayor; to establish the compensation of the mayor; to change the compensation of the councilmen 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 for a new charter for the City of Marietta, Georgia, approved August 15, 1904 (Ga. L. 1904, p. 519), as amended, particularly by an Act approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2267), an Act approved March 2, 1959 (Ga. L. 1959, p. 2111), an Act approved February 15, 1962 (Ga. L. 1962, p. 2110), an Act approved March 10, 1964 (Ga. L. 1964, p. 2822), and an Act approved April 1, 1965 (Ga. L. 1965,

Page 3154

p. 3126), is hereby amended by adding after section 2-J a new section, to be known as section 2-K, to read as follows: Section 2-K. In addition to that territory presently embraced within the corporate limits of the City of Marietta, Georgia, the following parcels of land shall be included within the corporate limits of said city: Corporate limits extended. Tract No. 1 . All that tract or parcel of land lying and being in Land Lot 642, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the east right-of-way-line of U. S. Highway 41, said point being 225 feet, more or less, south of the south right-of-way line of U. S. Highway F-100-1, as measured along the east right of-way line of U. S. Highway 41; thence running in a southeasterly direction along the east right-of-way line of U. S. Highway 41 for a distance of 133.0 feet; thence running in a southeasterly direction in a straight line for a distance of 73.2 feet to a point; thence running in a northeasterly direction in a straight line for a distance of 277.0 feet to a point; thence running in a westerly direction in a straight line for a distance of 377.0 feet to the point of beginning. Tract No. 2 . All that tract or parcel of land lying and being in Land Lots 926, 927, 946, and 947, 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the point of intersection of Dunn Road and the southeast side of the right-of-way of the L N Railroad; running southeasterly along Dunn Road 1916.3 feet; thence easterly 642.2 feet; thence northerly 613.1 feet; thence northwesterly 1784.3 feet to the southeast side of the right-of-way of the L N Railroad; thence southwesterly along the right-of-way of the L N Railroad for 788.5 feet to the point of beginning.

Page 3155

Tract No. 3 . All that tract or parcel of land lying and being in Land Lot 573, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point where the southwesterly right-of-way of U. S. Highway 41 intersects the south land lot line of Land Lot 573; thence running south 89 degrees 41 minutes west long the south land lot line of Land Lot 573 for a distance of 387.2 feet to an iron pin and corner; thence running north 30 degrees 00 minutes west for a distance of 51.0 feet to an iron pin and corner; thence running north 75 degrees 53 minutes east for a distance of 364.5 feet to an iron pin and corner on the southwesterly right-of-way of U. S. Highway 41; thence running 24 degrees 19 minutes east along the southwesterly right-of-way of U. S. Highway 41 for a distance of 143.8 feet to the point of beginning. Tract No. 4 . All that tract or parcel of land lying and being in Land Lot 1241, 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin found on the southwesterly side of Powers Ferry Road 505 feet east of the intersection of said southwesterly side of Powers Ferry Road with the west land lot line of said Land Lot 1241 as measured along said southwesterly side of Powers Ferry Road; running thence in a southerly direction at an interior angle of 72 degrees with said southwesterly side of Powers Ferry Road a distance of 421 feet to an iron pin found on the south line of said Land Lot 1241; running thence in an easterly direction along the south line of said Land Lot 1241 which line forms an interior angle of 90 degrees 26 minutes with the next preceding course a distance of 150 feet to an iron pin set; running thence in a northerly direction along the line which forms an interior angle of 88 degrees 27 minutes with the next preceding course of distance of 376 feet to an iron pin on said southwesterly side of Powers Ferry Road at an interior angle of 109 degrees 07 minutes with the next preceding course a distance of 150 feet to the point

Page 3156

of beginning said point being 500 feet east of the intersection of said southwesterly side of Powers Ferry Road with the west land lot line of said Land Lot 1241 as measured along the southwesterly side of Powers Ferry Road. Tract No. 5 . All that tract or parcel of land lying and being in Land Lot 1016, 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING on the east side of Cherokee Street at the northwest corner of grantee's present property, said point being 155 feet north of the south land lot line of said Land Lot; running thence north 10 feet to the northwest corner of the property conveyed by C. P. Barron to T. Ed Stephens in deed recorded in Deed Book 250, page 305, Cobb County Records; running thence east along the north line of said property formerly owned by C. P. Barron, 305 feet; running thence south 10 feet to the northeast corner of grantee's present property; running thence west along grantee's present north line 305 feet to the west side of Cherokee Street and the point of beginning. Tract No. 6 . All that tract or parcel of land lying and being in original Land Lot 1016, 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the east side of Cherokee Street at the northwest corner of property of M. B. Tolbert, said point being located 95 feet north of the intersection of the east side of Cherokee Street with the south original line of said Land Lot; running thence north, along the east side of Cherokee Street, for a distance of 60 feet to a point and corner; thence easterly parallel with said original south land lot line for a distance of 305 feet to a point and corner; thence southerly parallel with the east side of Cherokee Street, for a distance of 60 feet to the northeast corner of M. B. Tolbert property; thence westerly along the north

Page 3157

line of said Tolbert property for a distance of 305 feet to the east side of Cherokee Street at the point of beginning. Tract No. 7 . All that tract or parcel of land lying and being in Land Lots 578, 579, and 646, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the northeast corner of Land Lot 646 and running thence west along the north original line of said Land Lot 646 to an iron pin at the northwest corner of said Land Lot; thence north along the east original line of Land Lot 578 a distance of 132 feet to an iron pin; thence west 707 feet to an iron pin on the northeasterly side of Franklin Road; thence southeasterly along the northeasterly side of Franklin Road 772 feet to an iron pin; thence northeasterly 210 feet to an iron pin; thence southeasterly 210 feet to an iron pin; thence southwesterly 210 feet to an iron pin on the northeasterly side of Franklin Road; thence southeasterly along the northeasterly side of Franklin Road 210 feet to an iron pin; thence northeasterly 210 feet to an iron pin; thence southeasterly 210 feet on the northeasterly side of Franklin Road; thence southeasterly along the northeasterly side of Franklin Road 358 feet to an iron pin; thence northeasterly 208.7 feet to an iron pin; thence southwesterly 208.7 feet to an iron pin at the southwest original line of Land Lot 646; thence east along said original line 642.6 feet to an iron pin at the southeast corner of Land Lot 646; thence north along the east original line of original Land Lot 646 a distance of 1301 feet to an iron pin at the point of beginning. Tract No. 8 . All that tract or parcel of land lying and being in Land Lot 731, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the northeast corner of Land Lot 731 and running thence west along the north line of said lot to

Page 3158

the easterly side of Marietta-Atlanta Highway; thence southeasterly along the said highway 920 feet, more or less, to a road; thence northeasterly along the northerly side of said road to the east line of Land Lot 731; thence north along the east line of said land lot to the northeast corner thereof, at the point of beginning. Also: BEGINNING at a point on the northwesterly side of Terrell Mill Road that is 221.33 feet northeasterly, as measured along the northwesterly side of Terrell Mill Road, from the intersection of the northwesterly side of Terrell Mill Road and the northeasterly right-of-way of Highway 41; thence running north 37 degrees 04 minutes 00 seconds west for a distance of 423.02 feet to an iron pin and the southeasterly side of Old Terrell Mill Road; thence running north 34 degrees 03 minutes 46 seconds east long the southeasterly side of Old Terrell Mill Road for a distance of 88.43 feet to an iron pin; thence continuing north 48 degrees 20 minutes 01 seconds east long the southeasterly side of Old Terrell Mill Road for a distance of 93.43 feet to an iron pin; thence continuing north 63 degrees 55 minutes 13 seconds east along the southeasterly side of Old Terrell Mill Road for a distance of 94.42 feet to an iron pin; thence continuing north 73 degrees 41 minutes 14 seconds along the southeasterly side of Old Terrell Mill Road for a distance of 304.85 feet to an iron pin; thence running north 66 degrees 37 minutes 26 seconds east along the southeasterly side of Old Terrell Mill Road for a distance of 116.00 feet to an iron pin and the northwesterly side of Terrell Mill Road; thence running south 32 degrees 08 minutes 02 seconds west along the northwesterly side of Terrell Mill Road for a distance of 65.29 feet to an iron pin; thence continuing south 29 degrees 35 minutes 05 seconds west along the northwesterly side of Terrell Mill Road for a distance of 100.87 feet to an iron pin; thence continuing south 27 degrees 43 minutes 13 seconds west along the northwest side of Terrell Mill Road for a distance of 339.11 feet to an iron pin; thence continuing south 27 degrees 34 minutes 25 seconds west for a distance of 228.88 feet along the

Page 3159

northwesterly side of Terrell Mill Road to an iron pin and the point of beginning. Tract No. 9 . All that tract or parcel of land lying and being in Land Lot 573, 17th District, 2nd Section, Cobb County, Georgia, and more particularly described as follows: BEGINNING at a point at the northwest corner of Land Lot 573, and running thence north 87 degrees 59 minutes east along the north line of said Land Lot, 551 feet to the southeast side of U. S. Highway 41; thence 26 degrees, 31 minutes east along the southwest side of said U. S. Highway 41,200 feet to the northwest line of property now or formerly owned by the City of Marietta; thence south 63 degrees 30 minutes west along the line of said property 356.5 feet to an iron pin; thence north 34 degrees 32 minutes west 378 feet to a point; thence north 87 degrees 59 minutes east to the point of beginning. Tract No. 10 . All that tract or parcel of land lying and being in Land Lot 1278, 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of the east right-of-way line of State Route 120 (also called Marietta Parkway) and the north right-of-way of Powers Ferry Road, said intersection being the point of beginning; thence north 1 degree 33 minutes east, 59.9 feet along the east right-of-way of State Route 120 to a point in the east right-of-way of Yancey Circle; thence north 53 degrees 41 minutes east 82.0 feet along the eastern right-of-way of Yancey Circle to a point; thence south 42 degrees 53 minutes east 99.5 feet to a point; thence south 62 degrees 54 minutes east, 74.8 feet to a point; thence south 37 degrees 36 minutes east, 65.0 feet to a point; thence south 53 degrees 52 minutes west, 160.0 feet to a point, in the north right-of-way of Powers Ferry Road; thence north 40 degrees 34 minutes west, 36.5 feet to a concrete right-of-way marker in the

Page 3160

right-of-way of Powers Ferry Road; thence north 37 degrees 12 minutes west, 146.4 feet along the north right-of-way of Powers Ferry Road to the point of beginning. Tract No. 11 . All that tract or parcel of land lying and being in Land Lot 1278, 2nd Section, 16th District, and Land Lot 649, 2nd Section, 17th District, Cobb County, Georgia, and being all of Lots 1 and 2, Block A of Hamby Acres Subdivision, and Lots 1, 2 and portion of 3, Block E, Frey Wood Estates Subdivision, as per plat by J. P. Phillips, Surveyor, recorded in Plat Book 10, page 22, and Plat Book 14, page 127, in the office of the Clerk of Superior Court of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the northeasterly right-of-way of Powers Ferry Road 182.96 feet southeasterly along said right-of-way from the northeast right-of-way intersection of Powers Ferry Road and Marietta Parkway (F-114 Loop); thence north 53 degrees 52 minutes 00 seconds east, 160.00 feet along the northwesterly property line of Lot 2 of the above said Hamby Acres Subdivision to a point in the south property line of Lot 9 of the above said Hamby Acres Subdivision; thence south 37 degrees 35 minutes 35 seconds east, 251.00 feet along the northeasterly property line of Lots 1 and 2 also being the southwesterly property line of Lots 9, 10, and 11 of the above said Hamby Acres Subdivision to a point in the division line of the 16th and 17th District of Cobb County, Georgia; thence south 87 degrees 34 minutes 50 seconds east, 26.73 feet along said district line to a point, said point being on the southerly property line of Lot 11 of the above said Hamby Acres Subdivision; thence south 43 degrees 16 minutes 39 seconds east 93.00 feet along the northeasterly property line of Lots 2 and portion of Lot 3, Block E, Frey Wood Subdivision, to a point; thence south 45 degrees 57 minutes 15 seconds west 160.00 feet to a point in the northeasterly right-of-way of Powers Ferry Road; thence north 43 degrees 51 mintues 26 seconds west 264.40 feet along the northeasterly right-of-way of Powers Ferry Road to a point, said point being

Page 3161

intersection of the district line and northeasterly right-of-way of Powers Ferry Road; thence north 39 degrees 28 minutes 14 seconds west 55.00 feet along the northeasterly right-of-way of Powers Ferry Road to a point; thence continue along said right-of-way north 37 degrees 35 minutes 35 seconds west, 65.00 feet to the point of beginning. Tract No. 12 . All that tract or parcel of land lying and being in Land Lots 651, 652, 717 and 718, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the southwest line of the right-of-way on Interstate Highway No. 75 (a 300-foot right-of-way) a distance of 1,327 feet as measured south 53 degrees 29 minutes 30 seconds east along the southwest line of said right-of-way from the intersection of the southwest line of said right-of-way with the line separating said Land Lot 651 and 650 of said District (said point of beginning being at the northeast corner of property now or formerly owned by William B. Wrigley); running thence south 0 degrees 14 minutes east along the east line of said Wrigley property a distance of 20 feet, more or less, to the center line of the creek; running thence northwesterly along the center line of said creek; and following the meanderings thereof, a distance of 440 feet, more or less, to a corner of said Wrigley property; running thence south 0 degrees 43 minutes 30 seconds west along the east line of said Wrigley property a distance of 760 feet, more or less, to a point; continuing south 1 degree 6 minutes east along the east line of said Wrigley property a distance of 285 feet to a point; running thence south 34 degrees 9 minutes 30 seconds east along the east line of said Wrigley property a distance of 264.8 feet to the center line of a 20-foot driveway easement; running thence north 68 degrees 57 minutes 30 seconds east along said center line a distance of 201.5 feet to an iron pin found on the west line of property now or formerly owned by Lamar Franklin, running thence north 0 degrees 0 minutes 30 seconds west along the west line of said Franklin property a distance of 156.3 feet to the southernmost

Page 3162

corner of a triangular tract this day conveyed to the Grantor by said Lamar Franklin; running thence north 34 degrees 4 minutes 30 seconds east along the southeast line of said triangular tract a distance of 338.1 feet to a point on the line separating said Land Lots 717 and 718; continuing north 34 degrees 4 minutes 30 seconds east along the northwest line of the triangular tract this day conveyed by the Grantor to said Lamar Franklin a distance of 336.1 feet to an iron pin on the southwest line of said right-of-way of Interstate Highway No. 75; running thence north 53 degrees 29 minutes 30 seconds west along the southwest line of said right-of-way of Interstate Highway No. 75 a distance of 426.4 feet to the point of beginning. Tract No. 13 . All that tract or parcel of land lying and being in Land Lots 651, 652, 716, 718, 724, 725, 726, 787, and 788 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point located on the southwesterly right-of-way of Interstate Highway No. 75, said beginning point being the point of intersection of the southwesterly right-of-way line of Interstate Highway No. 75 with the west lot line of Land Lot 718; thence running southeasterly along the southwesterly right-of-way line of the said Interstate Highway No. 75 to a point where said right-of-way line of Interstate Highway No. 75 is intersected by the center line of Rottenwood Creek; thence running westerly along the center line of Rottenwood Creek for a distance of 1228 feet, more or less, to a point located on the easterly right-of-way of Franklin Road; thence running southerly along the easterly right-of-way line of Franklin Road for a distance of 336 feet to a point; said point being located on the south lot line of Land Lot 716; thence running easterly along the south lot line of Land Lots 716 and 725 for a distance of 1202.3 feet to a point located on the southwesterly right-of-way line of Interstate Highway No. 75; thence running southerly along the southwesterly right-of-way line of said Highway No. 75 to the northwest right-of-way intersection of Delk Road and the Interstate Highway

Page 3163

No. 75; thence running east and crossing said Interstate Highway No. 75 to a point located at the northeast intersection of Delk Road right-of-way line with the right-of-way line of Interstate Highway No. 75; thence running northerly along the northeasterly right-of-way of Interstate Highway No. 75 to a point where said Interstate Highway No. 75 is intersected by the west lot line of Land Lot 718; thence running south along the west lot line of Land Lot 718 to a point located on the southwesterly right-of-way line of Interstate Highway No. 75, said point being the point of beginning. Tract No. 14 . All that tract or parcel of land lying and being located in Land Lots 787 and 798, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the intersection formed by the east right-of-way line of Interstate Highway No. 75 with the north right-of-way line of Delk Road; thence running east along the north right-of-way line of Delk Road for a distance of 200.0 feet to a point; thence running north 00 degrees 30 minutes west for a distance of 200.0 feet to a point; thence running north 89 degrees 45 minutes west for a distance of 220.45 feet to a point located on the easterly right-of-way line of Interstate Highway No. 75; thence running south 6 degrees 22 minutes east along the easterly right-of-way line of Interstate Highway No. 75 for a distance of 201.15 feet to the point of beginning. Tract No. 15 . All that tract or parcel of land lying and being in Land Lots 1099, 1132 and 1133, 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point located in the center line of Sopes Creek where said Sopes Creek center line is intersected by northeast right-of-way line of the Access Road for F-114-1;

Page 3164

thence running in a southerly direction and following the center line of the said Sopes Creek to a point located at the intersection point of Sopes Creek center line with the southeasterly right-of-way line at the F-114-1 Access Road; thence running easterly along the southeasterly right-of-way line at the F-114-1 Access Road for a distance of 160.0 feet to a point; thence running south 46 degrees 42 minutes west for a distance of 144.9 feet to a point; thence running north 45 degrees 30 minutes east for a distance of 199.6 feet to a point; thence running north 46 degrees 42 minutes west for a distance of 147.8 feet to a point located on the southeasterly right-of-way line of the F-114-1 Access Road; thence continuing for a distance of 80 feet to a point located on the southerly right-of-way line of State Route 120; thence continuing further in the aforementioned course for a distance of 120 feet to a point located on the northeasterly right-of-way line of F-114-1 Access Road; thence running southwesterly along the northeasterly right-of-way line of the said F-114-1 Access Road to the point of beginning. Tract No. 16 . All that tract or parcel of land lying and being in Land Lot 711, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the southwesterly right-of-way line of U. S. Highway No. 41, said point being located 202.1 feet southeasterly as measured along said right-of-way line from the north line of Land Lot 711; thence running in a southeasterly direction, along the southwesterly right-of-way line of U. S. Highway No. 41, for a distance of 341.7 feet to a point; thence running south 50 degrees 29 minutes east for a distance of 313.2 feet to a point; thence running south 88 degrees 33 minutes west for a distance of 91.35 feet to a point at the corner of U. S. Government property; thence running in a northerly direction along the U. S. Government property line for a distance of 358.0 feet to a point; thence running in a northeasterly direction for a distance of 159.8 feet to the point of beginning. Tract No. 17 . All that tract or parcel of land lying and being in Land

Page 3165

Lot 711, 17th District, 2nd Section Cobb County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin on the southwesterly side of U. S. Highway No. 41 (Four Lane Highway) 543.8 feet southeasterly as measured along the southwesterly side of said highway from a concrete monument marking the intersection of the southwesterly side of said highway with the north original line of Land Lot No. 711, and running thence south 39 degrees 30 minutes east along the southwesterly side of U. S. Highway No. 41, a distance of 20 feet to an iron pin; thence running south 50 degrees 30 minutes west a distance of 319.1 feet, more or less, to an iron pin at the northeasterly boundary of the property formerly owned by Ballenger Paving; thence south 88 degrees 37 minutes west, along said Ballenger Paving property line a distance of 98.4 feet more or less to an iron pin at the corner of U. S. Government property; thence a distance of 20 feet in a northwesterly direction along the property line of the U. S. Government property to an iron pin; thence in a northeasterly direction 20 feet northeasterly and parallel to the northeastern boundary of the former Ballenger Paving property a distance of 91.35 feet to an iron pin; thence in a northeasterly direction along the property line of William C. Wallace a distance of 312.2 feet to an iron pin on the right-of-way of U. S. Highway No. 441 and the point of beginning. Tract No. 18 . All that tract or parcel of land lying and being in Land Lot 642, 17th District, 2nd Section, Cobb County, Georgia, and being a part of Lot 1 of the subdivision of J. J. Thomas Estate as recorded in Plat Book 6, page 200, Cobb County Records, more particularly described as follows: TO FIND THE BEGINNING POINT, start at an iron pin located on the northeast side of the Marietta-Atlanta Four Lane Highway (41E) at the southwest corner of the property formerly owned by Mr. and Mrs. Percy H. Hearle; thence continue in a southerly direction along the northeast side of said highway, 133 feet to an iron pin on the new right-of-way obtained by the State of Georgia in condemnation proceedings filed in Cobb Superior Court in Case

Page 3166

No. 1658; continue thence southeasterly, along said new right-of-way, 73.2 feet to an iron pin located on the line of the property formerly owned by Paul E. Thomas, this being the beginning point; thence northeasterly, along the property line of John Sigalos and Mrs. Charles A. Alexander (same being described in Deed Book 405, page 450, Cobb County Records), 277 feet, more or less, to the property formerly owned by Bolen; thence east 43 feet to the highway right-of-way; thence southwesterly, westerly, and northwesterly, along the said highway right-of-way, to the point of beginning. Tract No. 19 . All that tract or parcel of land lying and being in Land Lot 711, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the southwesterly right-of-way line of U. S. Highway No. 41, 568.3 feet southeast, as measured along said right-of-way line, of a concrete monument marking the southeastern corner of U. S. Government property; thence running south 50 degrees 29 minutes west for a distance of 200.0 feet to a point; thence running south 39 degrees 31 minutes east for a distance of 150.0 feet to a point; thence running north 50 degrees 29 minutes east for a distance of 200.0 feet to a point on the southwesterly right-of-way line of U. S. Highway No. 41; thence running north 39 degrees 31 minutes west along said right-of-way line for a distance of 150.0 feet to the point of beginning. Tract No. 20 . All that tract or parcel of land lying and being in Land Lot 147, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point located on the north right-of-way of Chestnut Hill Road, said beginning point being located 24.2 feet west (as measured along the north right-of-way line of Chestnut Hill Road) of the northwest intersection formed by the right-of-way lines of Chestnut Hill Road and

Page 3167

Powder Springs Road; thence running westerly along the north right-of-way line of Chestnut Hill Road for a distance of 148.5 feet to a point; said point also being on the easterly side of an unnamed road to the old Cobb County fairgrounds; thence running northeasterly along said unnamed road and forming an interior angle of 72 degrees and 15 minutes for a distance of 138.0 feet to a point; thence running southeasterly and forming an interior angle of 72 degrees and 10 minutes for a distance of 157.5 feet to a point; thence running southwesterly and forming an interior angle of 96 degrees and 20 minutes for a distance of 45.0 feet to the point of beginning. Tract No. 21 . All that tract or parcel of land lying and being in Land Lot 711, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the southwesterly right-of-way line of U. S. Highway No. 41, said point being located 713.8 feet, as measured along said right-of-way line southeast of a concrete marker at the southwestern corner of U. S. Government property; thence running in a southwesterly direction for a distance of 175.0 feet to a point; thence running in a southeasterly direction, parallel to U. S. Highway No. 41, for a distance of 250.0 feet to a point; thence running in a northeasterly direction for a distance of 175.0 feet to a point on the southwesterly right-of-way line of U. S. Highway No. 41; thence running along said right-of-way line for a distance of 250.0 feet to the point of beginning. Tract No. 22 . All that tract or parcel of land lying and being in Land Lot 725, 787, 788, 797 and 798 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin, which iron pin marks the common corner of Land Lots 787, 788, 797 and 798 of said

Page 3168

district, section, county and state; from said point of beginning thence running south 89 degrees 18 minutes 40 seconds east along the south line of said Land Lot 797 (said line being the north line of said Land Lot 798 Two Hundred Seventy and Nine Tenth (270.9) feet to the point of intersection of said Land Lot line with the westerly right-of-way line of the 60-foot right-of-way of Plant Access Road; thence continuing south 89 degrees 18 minutes 40 seconds east along said Land Lot line and crossing said Plant Access Road One Hundred Thirty Six (136) feet to a point, which point is located at the point of intersection of the easterly right-of-way line of Plant Access Road with said Land Lot line; thence continuing south 89 degrees 18 minutes 40 seconds east along said Land Lot line One Hundred Seventy Three and One Tenth (173.1) feet to an iron pin; thence running south 01 degrees 32 minutes 0 seconds west Thirteen Hunderd Sixty Eight and Five Tenths (1368.5) feet to an iron pin on the north right-of-way line of Delk Road (Delk Road at said point having a 50-foot right-of-way and said iron pin being located Twenty Five [25] feet north of the center line thereof); thence running north 89 degrees 04 minutes 0 seconds west along the north right-of-way line of Delk Road Eighteen and Six Tenths (18.6) feet to a right-of-way monument; thence running north 01 degree 17 minutes 0 seconds east One Hundred Five (105) feet to a right-of-way monument; thence running north 88 degrees 27 minutes 10 seconds west along the north right-of-way line of Delk Road (Delk Road at said point having a Two Hundred Sixty [260] foot right-of-way Four Hundred Thirty and Four Tenths (430.4) feet to a right-of-way monument at the point of intersection of the north right-of-way line of Delk Road with the east right-of-way line of Plant Access Road; thence running north 88 degrees 26 minutes 30 seconds west and crossing the right-of-way of Plant Access Road Sixty (60) feet to a right-of-way monument; thence running north 88 degrees 37 minutes 0 seconds west along the north right-of-way line of Delk Road Thirty and Four Tenths (30.4) feet to an iron pin at the southeast corner of the property now or formerly owned by Texaco, Inc.; thence running north 01 degree 25 minutes 40 seconds east along the east line of said property now or formerly owned by Texaco Inc. Two Hundred

Page 3169

(200) feet to an iron pin; thence running north 88 degrees 26 minutes 40 seconds west along the north line of said property now or formerly owned by Texaco, Inc. Two Hundred Twenty and Three Tenths (220.3) feet to an iron pin located on the easterly right-of-way and limit of access line of Interstate Highway 75; thence running north 04 degrees 24 minutes 0 seconds west along the easterly right-of-way line and limit of access line of Interstate Highway 75 Seventy Seven and Three Tenths (77.3) feet to a right-of-way monument; thence running north 44 degrees 24 minutes 0 seconds west along the northeasterly right-of-way and limit of access line of Interstate Highway 75 Two Hundred Four and Four Tenths (204.4) feet to a right-of-way monument; thence running north 57 degrees 38 minutes 0 seconds west and continuing along the northeasterly right-of-way and limit of access line of Interstate Highway 75 One Hundred Ninety Four and Nine Tenths (194.9) feet to an iron pin; thence running north 01 degree 32 minutes 0 seconds east Seven Hundred Thirty Seven and Six Tenths (737.6) feet to an iron pin on the north line of said Land Lot 787, which said iron pin is located Five Hundred Two and Three Tenths (502.3) feet west as measured along said north Land Lot line from the northeast corner of said Land Lot; thence running north 88 degrees 15 minutes 0 seconds west along the north line of said Land Lot 787 Six Hundred Eighty Three (683) feet to an iron pin located on the easterly right-of-way line of Interstate Highway 75; thence running north 24 degrees 13 minutes 0 seconds west along the easterly right-of-way line of said Interstate Highway 75 Eleven and Six Tenths (11.6) feet to a right-of-way monument; thence running north 85 degrees 55 minutes 50 seconds west along the north right-of-way line of said Interstate Highway 75 Twenty Two and Seven Tenths (22.7) feet to a right-of-way monument; thence running north 24 degrees 15 minutes 30 seconds west along the easterly right-of-way line of said Interstate Highway 75 Two Hundred Seventy Two and One Tenth (272.1) feet to an iron pin located at the point of intersection of the easterly right-of-way line of said Interstate Highway 75 with the west line of said Land Lot 788; thence running north 23 degrees 57 minutes 0 seconds west and continuing along the easterly right-of-way line of Interstate

Page 3170

Highway 75 Four Hundred Fourteen and Three Tenths (414.3) feet to an iron pin; thence running south 63 degrees 55 minutes 40 seconds east One Hundred Ninety Six and Five Tenths (196.5) feet to an iron pin on the west line of said Land Lot 788; thence running north 01 degrees 38 minutes 10 seconds east along the west line of said Land Lot 788 Five Hundred Twenty and Three Tenths (520.3) feet to an iron pin, which iron pin is located Two Hundred Fifty (250) feet south as measured along the west line of said Land Lot 788 from the northwest corner of said Land Lot; thence running south 88 degrees 27 minutes 10 seconds east Seventeen Hundred Twenty Six and Six Tenths (1726.6) feet to an iron pin, which iron pin is located in the center of an old abandoned roadway; thence running south 27 degrees 56 minutes 0 seconds east along the center line of said old abandoned roadway Sixty Six and Five Tenths (66.5) feet to an iron pin; thence running south 03 degrees 39 minutes 30 seconds east and continuing along the center line of said old abandoned roadway One Hundred Fourteen and Three Tenths (114.3) feet to an iron pin, which iron pin is located on the north line of property now or formerly owned by the City of Marietta, Georgia, and acquired by said City from J. T. Spinks by Warranty Deed recorded in Deed Book 334, page 379, Cobb County Records; thence running north 87 degrees 52 minutes 50 seconds west along the north line of said property now or formerly owned by the City of Marietta, Georgia, Four Hundred Forty Six (446) feet to an iron pin, which iron pin is located on the west line of said Land Lot 797; thence running south 01 degree 04 minutes 10 seconds west along the west line of said Land Lot 797 and along the west line of said property now or formerly owned by the City of Marietta, Georgia, Nine Hundred Six (906) feet to an iron pin at the point of beginning, all as per plat of survey of land for Shell Oil Company by Rogert L. Cordes and Associates, dated October 6, 1970. Section 2 . Said Act is further amended by striking in its entirety section 28 of the amendatory Act of 1953, approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2267), as amended, particularly by an Act approved March 2, 1959 (Ga. L. 1959, p. 2111), and an Act approved April

Page 3171

1, 1965 (Ga. L. 1965, p. 3126), and substituting in lieu thereof a new section 28 to read as follows: Section 28. Each councilman shall receive for attending council-committee meetings, the sum of $2,400.00 per year, payable in monthly installments of $200.00 each, plus travel expenses and official business expenditures incurred outside of the limits of said city for and in behalf of the city. No councilman shall be reimbursed for any such expenses unless and until he has submitted itemized vouchers therefor to the council and such vouchers have been approved by council. Each councilman shall receive from and after January 1, 1974, for attending council-committee meetings the sum of $3,600.00 per year, payable in monthly installments of $300.00 each, plus travel expenses and official business expenditures incurred outside of the limits of said city for and in behalf of the city. No councilman shall thereafter be reimbursed for any such expenses unless and until he has submitted itemized vouchers therefor to the council and such vouchers have been approved by council. Councilmen's compensation. Section 3 . Said Act is further amended by striking in its entirety section 4 of the amendatory Act of 1962, approved February 15, 1962 (Ga. L. 1962, p. 2110). 4 repealed. Section 4 . Said Act is further amended by striking section 25 in its entirety and inserting in lieu thereof a new section 25, to read as follows: Section 25. The mayor shall be the chief executive officer of said city, and he shall have general supervision over all its affairs. He shall sign all deeds and contracts, preside at all meetings of the council and cast the deciding vote in case of a tie vote. It shall be his duty to see that the laws of the State and ordinances of the city are faithfully executed within the corporate limits; to see that each officer of said city discharges his duty, and to cause any officer and employee to be prosecuted for neglect, or violation of duty, or immoral conduct. He shall keep the council advised from time to time of the general condition of the city, and shall recommend measures as he may deem necessary or expedient for the welfare thereof. He shall call the

Page 3172

council together when so requested by a majority of the council or when it seems to him to be important to the welfare of the city. Effective January 1, 1974, the mayor shall be paid a salary of four hundred dollars ($400.00) monthly in monthly installments of $400.00, plus travel expenses and official business expenditures for and in behalf of the city. He shall preside, or appoint a freeholder of the City of Marietta to preside as otherwise provided in this charter, as amended, over the mayor's court for the trial of offenders against the ordinances of the City of Marietta and violations of the laws of said State within the corporate limits of said city. He shall have full power and authority to impose such fines not exceeding five hundred dollars ($500.00) including costs for the violation of any ordinance of said city, as shall seem to him reasonable and just, or he may require such violator to work on the streets or public works of said city, or be confined to the calaboose of said city, for such time as will be just punishment for the offense, but not in any single instance to exceed sixty (60) days. Mayor. Salary. Expenses. Mayor's court. Section 5 . In the event a sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect any other sentence, clause, or phrase of this Act, which shall remain in full force and effect as if such sentence, phrase or clause so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would hereby pass the remaining parts of this Act if it had known such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. 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 January-February 1971 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.

Page 3173

This 22nd Day of December, 1970. Cyrus M. Chapman J. H. Henderson, Jr. Senators George H. Kreeger Eugene Housley Howard Atherton A. L. Burruss Joe Mack Wilson G. Robert Howard Hugh Lee Daniell 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 8, 15 and 22, 1971. /s/ George H. Kreeger Representative, 117th District Sworn to and subscribed before me, this 1st day of March, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971.

Page 3174

JUDICIAL STUDY AND COMPENSATION COMMISSION CREATED FOR CERTAIN COUNTIES. (500,000 OR MORE) No. 512 (House Bill No. 1002). An Act to create in counties having populations of 500,000 or more, according to the 1970 United States Decennial Census or any such future census, a Judicial Study and Compensation Commission; to define its duties, authority and power; to define the composition of said commission; to provide for the method of appointment of said commission; to provide for the terms of said commission; 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 . There is hereby created in all counties having populations of 500,000 or more, according to the 1970 United States Decennial Census or any such future census, a Judicial Study and Compensation Commission. Creation. Section 2 . The purpose of said commission shall be to study the judicial structure of any court or courts existing in said counties from which a direct appeal may be taken to the Supreme Court of Georgia or the Court of Appeals of Georgia; to determine the need for the number of judges in any of said court or courts; to study the feasibility and advisability of consolidating any courts in said counties; to study and determine the overlapping jurisdictions of any such courts of said counties; to determine, in any county where there is more than one court, the difference in the salaries paid to any officials whose salaries are set by legislation; to study the feasibility of applying to the business of said courts modern technological and scientific developments; to study, in counties having more than one such court, the distribution of the case loads, the manner and method of record keeping, the method by which cases are assigned to the various judges, the man-hours consumed in the actual administration of justice, and any and all

Page 3175

means and methods by which the quality of justice may be improved and made more efficient and speedier, and a means and method of equalizing the compensation paid to officials engaged in administering justice. Purpose. Section 3 . The said commission shall be compensated of eleven (11) members, which said members shall be selected in the following manner: Composition. (a) Two members shall be appointed by members of the House of Representatives who represent the counties involved; (b) Two members shall be appointed by the members of the Senate who represent the counties involved; (c) One member shall be appointed by the judges of any court or courts of limited jurisdiction in the counties involved, but shall not be a judge of any such court of any said county; (d) One member shall be appointed by the judges of the superior court of the counties involved, but shall not be a judge of the superior court of any said county; (e) One member shall be appointed by each regularly organized bar association of any of the counties involved; (f) One member shall be appointed by the governing authority of the counties involved, but shall not be an official of any said county; (g) One member shall be appointed by the Planning and Executive Institute; (h) One member shall be appointed by the Legal Aid Society. The said commission shall be competent to function when at least seven (7) members have been appointed. Not more than four shall be practicing attorneys.

Page 3176

Section 4 . The commission shall meet at a date to be set by the members appointed by the delegation from the Senate and the House of Representatives of the counties involved, at a place designated by them for the purpose of organization and electing the Chairman of said commission. The said commission shall meet upon the call of its Chairman. Meeting. Section 5 . (a) The findings and recommendations and any reports of the proceedings of the commission shall be filed with each House of the General Assembly by not later than December 31, 1971, and a copy shall be furnished to each member of the House and Senate delegation of the counties involved, the members of the governing authority of the counties involved, the judges of the courts involved, and the clerk of the superior court of the counties involved. Findings and recommendations. (b) Any proposed revision or adjustment in the compensation paid to elected oficials, or any proposed change in the laws pertaining to the structure of the horizontally structured courts in any county affected shall be made available and filed with the governing authority of the county at least ten (10) days prior to the convening of the regular session of the General Assembly. Section 6 . The county shall furnish all clerical assistance to the commission as needed. The members of the commission shall be compensated in the amount of $25.00 per day for meetings of the commission actually attended for a maximum of 15 days. The compensation of the members shall be paid from the funds of the counties involved. Clerical assistance. Section 7 . The recommendations of said commission shall be of an advisory nature. The said commission may issue, from time to time, reports of its recommendations and findings, and so cause the same to be published and made available to the press. Recommendations. Section 8 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1971.

Page 3177

STATE COURT OF SCREVEN COUNTYCOMPENSATION OF JUDGE AND SOLICITOR CHANGED. No. 513 (House Bill No. 1003). An Act to amend an Act creating the State Court of Screven County, approved December 15, 1902 (Ga. L. 1902, p. 162), 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 the State Court of Screven County, approved December 15, 1902 (Ga. L. 1902, p. 162), is hereby amended by adding between sections 6 and 7 a new section, to be known as section 6A, to read as follows: Section 6A. Notwithstanding any other provisions of law to the contrary, the judge of said court shall receive an annual salary of $4,800 and the solicitor of said court shall receive an annual salary of $4,000. Said salaries shall be paid in equal monthly installments from the funds of Screven County. Salaries. Section 2 . This 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, 1971, session of the General Assembly of Georgia, a bill to change the compensation of the Judge and Solicitor of the State Court of Screven County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3178

This 3rd day of February, 1971. /s/ W. Jones Lane /s/ Paul E. Nessmith, Sr. /s/ George A. Chance Representatives, 44th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Jones Lane 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 4, 11 and 18, 1971. /s/ W. Jones Lane Representative, 44th District Sworn to and subscribed before me, this 3rd day of March, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971.

Page 3179

SMALL CLAIMS COURT ACT AMENDED TO CHANGE POPULATION FIGURES. (6,100-6,400) No. 514 (House Bill No. 1006). An Act to amend an Act creating a Small Claims Court in certain counties, approved March 10, 1966 (Ga. L. 1966, p. 3372), so as to change the population figures and census contained therein; 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 Small Claims Court in certain counties, approved March 10, 1966 (Ga. L. 1966, p. 3372), is hereby amended by striking from Section 1 the following: having a population of not less than 6,825 and not more than 6,925, according to the U. S. Decennial Census of 1960,, and substituting in lieu thereof the following: having a population of not less than 6,100 and not more than 6,400 according to the U. S. decennial census of 1970. 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. Approved April 5, 1971.

Page 3180

SHERIFFS OF CERTAIN COUNTIES EXCLUDED FROM SALARY ACT. (Exclusion12,750-12,900). No. 515 (House Bill No. 1009). An Act to amend an Act abolishing the present method of compensating sheriffs in certain counties known as the fee system and providing in lieu thereof an annual salary for the sheriffs, approved March 31, 1965 (Ga. L. 1965, p. 3007), so as to provide that said Act shall not apply to certain counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act abolishing the present method of compensating sheriffs in certain counties known as the fee system and providing in lieu thereof an annual salary for the sheriffs, approved March 31, 1965 (Ga. L. 1965, p. 3007), is hereby amended by inserting between section 1 and section 2, a new Section, to be numbered section 1A, to read as follows: Section 1A. The provisions of this Act shall not be applicable to any county in this State having a population of not less than 12,750 and not more than 12,900 according to the United States Decennial Census of 1970 or any such future decennial census. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 5, 1971.

Page 3181

STATE COURT OF JACKSON COUNTYCOMPENSATION OF JUDGE AND SOLICITOR CHANGED. No. 516 (House Bill No. 1027). An Act to amend an Act establishing the City Court of Jefferson (now State Court of Jackson County), approved July 16, 1903 (Ga. L. 1903, p. 138), as amended, particularly by an Act approved August 26, 1931 (Ga. L. 1931, p. 334) and by an Act approved April 11, 1968 (Ga. L. 1968, p. 3668), so as to change the provisions relative to the salary 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 establishing the City Court of Jefferson (now State Court of Jackson County), approved July 16, 1903 (Ga. L. 1903, p. 138), as amended, particularly by an Act approved August 26, 1931 (Ga. L. 1931, p. 334) and by an Act approved April 11, 1968 (Ga. L. 1968, p. 3668), is hereby amended by striking section 1 of the amendatory Act approved August 26, 1931 (Ga. L. 1931, p. 334), as amended, by the amendatory Act approved April 11, 1968 (Ga. L. 1968, p. 3668), in its entirety and substituting in lieu thereof a new section 1 to read as follows: Section 1. The governing authority of Jackson County shall fix the salary of the judge and solicitor of said court in an amount not less than $5,000.00 per annum for each of said officers, and when so fixed, said salaries shall be paid in equal monthly installments from the funds of Jackson County as expenses of said court. Salaries. Section 2 . This Act shall become effective on January 1, 1973. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3182

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the Regular 1971 Session of the General Assembly of Georgia a bill to adjust the salaries of the Judge of the State Court of Jackson County (formerly City Court of Jefferson) and the Solicitor of the State Court of Jackson County (formerly City Court of Jefferson). This the 26th day of January, 1971. Georgia, Jackson County. Personally before me, came Herman A. Buffington, who, after first being duly sworn on oath says: That he is owner and publisher of the Jackson Herald, a newspaper of general circulation in and for said county in which all legal advertisements in and for said county are published; that a copy of the attached legal advertisement was published in said Jackson Herald under dates of January 27th; February 3rd and February 10th, 1971, pertaining to the salaries of the judge of the State Court of Jackson County and the salaries of the solicitor of the State Court of Jackson County. /s/ Herman A. Buffington Sworn to and subscribed before me, this 26th day of February, 1971. /s/ Billy N. Elder Clerk Superior Court, Jackson County, Jefferson, Georgia. (Seal). Approved April 5, 1971.

Page 3183

TAYLOR COUNTYSHERIFF'S COMPENSATION CHANGED, ETC. No. 517 (House Bill No. 1033). An Act to amend an Act placing the Sheriff of Taylor County on a salary basis in lieu of a fee basis of compensation, approved March 11, 1965 (Ga. L. 1965, p. 2291), as amended by an Act approved March 31, 1967 (Ga. L. 1967, p. 2433), so as to change the compensation of the sheriff and 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 Taylor County on a salary basis in lieu of a fee basis of compensation, approved March 11, 1965 (Ga. L. 1965, p. 2291), as amended by an Act approved March 31, 1967 (Ga. L. 1967, p. 2433), is hereby amended by striking from section 2 the following: $8,500.00, and inserting in lieu thereof the following: $9,000.00, so that, when so amended, section 2 shall read as follows: Section 2. The sheriff shall receive a salary of $9,000.00 per annum, payable in equal monthly installments from the funds of Taylor County. The sheriff shall furnish his own automobile out of the salary paid to him by Taylor County. The sheriff shall also be responsible for the operating expenses and maintenance of his own automobile, except when such automobile shall be used for an emergency purpose. The county shall be responsible for equipping the automobile used by the sheriff with a radio and shall also be responsible for the repair and replacement thereof. The sheriff shall be entitled to receive $1.00 per meal per prisoner for each prisoner confined in the county jail. Salary.

Page 3184

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. The Sheriff of Taylor County shall have the sole power and authority to appoint a deputy, who shall be compensated in the amount of $6,399.84 per annum, payable in equal monthly installments from the funds of Taylor County. It shall be within the sole power and authority of the sheriff, 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 such deputy at will and within his sole discretion. Deputy. Section 3 . This Act shall become effective July 1, 1971. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent. Notice is hereby given that there will be legislation introduced in the 1971 session of the Georgia General Assembly, a local bill changing the compensation of the Sheriff and Deputy Sheriff of Taylor County, Georgia and for other purposes. /s/ Ward Edwards Representative, 45th District, Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ward Edwards 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 Taylor County News which is the official organ of

Page 3185

Taylor County, on the following dates: January 28, February 4, 11, 1971. /s/ Ward Edwards Representative, 45th District Sworn to and subscribed before me, this 4th day of March, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. TAYLOR COUNTY ORDINARY PLACED ON SALARY, ETC. No. 518 (House Bill No. 1034). An Act to abolish the present mode of compensating the Ordinary of Taylor 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 Taylor County, known as the fee system, is hereby

Page 3186

abolished, and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Fee system abolished. Section 2 . The Ordinary shall receive an annual salary of $9,000.00, payable in equal monthly installments from county funds. 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. County funds. 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. He 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 said 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 to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Personnel. Section 5 . The necessary operating expenses of the Ordinary's

Page 3187

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, uniforms, vehicles 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 Taylor County. Expenses. Section 6 . This Act shall become effective July 1, 1971. 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 legislation will be introduced at the 1971 Session of the General Assembly of Georgia to provide for the placing of the Ordinary of Taylor 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. /s/ Ward Edwards 45th District, Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ward Edwards 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 Taylor County News which is the official organ of Taylor County, on the following dates: January 28, February 4, 11, 1971. /s/ Ward Edwards Representative, 45th District

Page 3188

Sworn to and subscribed before me, this 4th day of March, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. TAYLOR COUNTY TAX COMMISSIONER'S COMPENSATION CHANGED. No. 519 (House Bill No. 1035). An Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Taylor County into the one office of Tax Commissioner of Taylor County, approved March 2, 1933 (Ga. L. 1933, p. 673), as amended, particularly by an Act approved March 7, 1957 (Ga. L. 1957, p. 2761), 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 Taylor County into the one office of Tax Commissioner of Taylor County, approved March 2, 1933 (Ga. L. 1933, p. 673), as amended, particularly by an Act approved March 7, 1957 (Ga. L. 1957, p. 2761), is hereby amended by striking from section 5 the following: $3,600.00, and inserting in lieu thereof the following: $9,000.00,

Page 3189

so that, when so amended, section 5 shall read as follows: Section 5. Be it further enacted by the authority aforesaid, That the compensation of the Tax Commissioner of Taylor County shall be $9,000.00 per annum, to be paid in equal monthly installments from the funds of Taylor County. Section 2 . This Act shall become effective July 1, 1971. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent. Notice is hereby given that there will be legislation introduced in the 1971 session of the Georgia General Assembly, a local bill changing the compensation of the Tax Commissioner of Taylor County, Georgia and for other purposes. /s/ Ward Edwards Representative, 45th District, Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ward Edwards 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 Taylor County News which is the official organ of Taylor County, on the following dates: January 28, February 4, 11, 1971. /s/ Ward Edwards Representative, 45th District

Page 3190

Sworn to and subscribed before me, this 4th day of March, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. TAYLOR COUNTY SUPERIOR COURT CLERK PLACED ON SALARY, ETC. No. 520 (House Bill No. 1036). An Act to abolish the present mode of compensating the Clerk of the Superior Court of Taylor 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 Taylor County, known as the fee system, is hereby abolished, and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Fee system abolished. Section 2 . The Clerk of the Superior Court shall receive an annual salary of $12,000, payable in equal monthly installments from county funds. Salary.

Page 3191

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 Clerk of the Superior Court 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. County funds. Section 4 . The Clerk of the Superior Court 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. He 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 said 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 Clerk of the Superior Court, during his terms 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. Personnel. Section 5 . The necessary operating expenses of the Clerk of the Superior Court'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, uniforms, vehicles and equipment, and the repair, replacement

Page 3192

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 Taylor County. Expenses. Section 6 . This Act shall become effective July 1, 1971. Effective date. Section 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent. Notice is hereby given that legislation will be introduced at the 1971 Session of the General Assembly of Georgia to provide for the place of Clerk of Court of Taylor 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. This 2nd day of February, 1971. /s/ Ward Edwards 45th District, Post 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ward Edwards 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 Taylor County News which is the official organ of Taylor County, on the following dates: February 4, 11 and 18, 1971. /s/ Ward Edwards Representative, 45th District

Page 3193

Sworn to and subscribed before me, this 4th day of March, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. COFFEE COUNTY COMMISSIONERSCOMPENSATION CHANGED. No. 522 (House Bill No. 1078). An Act to amend an Act creating the board of commissioners of Coffee County, approved March 26, 1937 (Ga. L. 1937, p. 1294), as amended, particularly by an Act approved February 26, 1965 (Ga. L. 1965, p. 2080), 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 the board of commissioners of Coffee County, approved March 26, 1937 (Ga. L. 1937, p. 1294), as amended, particularly by an Act approved February 26, 1965 (Ga. L. 1965, p. 2080), 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. The salary of the chairman of the board of commissioners of roads and revenues of Coffee County shall be $500.00 per month. The two other members of the said board shall receive a salary of $250.00 per month each. Salaries. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved

Page 3194

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. Legal Notice. Notice of intention to introduce local legislation. Notice is hereby given that there will be introduced at the regular 1971 session of the General Assembly of Georgia a bill to change the compensation of the members of the Coffee County Commissioners and for other purposes. This 15th day of February 1971. /s/ Simon Grantham Representative, 55th Dist. of Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Simon Grantham 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: February 17, 24 and March 3, 1971. /s/ Simon Grantham Representative, 55th Dist. of Georgia Sworn to and subscribed before me, this 8th day of March, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971.

Page 3195

MERIWETHER COUNTYPROVISION MADE FOR CHIEF DEPUTY SHERIFF, ETC. No. 523 (House Bill No. 1081). 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), and an Act approved March 18, 1969 (Ga. L. 1969, p. 2225), so as to provide for a chief deputy sheriff; to provide for full-time deputy sheriffs; to provide for part-time deputy sheriffs; to provide for and change the duties, powers and compensation of the chief deputy sheriff; full-time deputy sheriffs and part-time deputy sheriffs; to change the compensation of the clerks and secretarial help of the clerk of the Superior Court of Meriwether County; to provide for all matters relative thereto; 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), and an Act approved March 18, 1969 (Ga. L. 1969, p. 2225), 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 be compensated in the amount of eleven thousand five hundred ($11,500.00) 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. The sheriff shall be authorized to appoint a chief deputy sheriff to assist him in the performance of his duties. The compensation of the chief deputy

Page 3196

sheriff shall be fixed by the Board of Commissioners of Meriwether County and shall be not less than five hundred twenty-five ($525.00) dollars per month nor more than seven hundred ($700.00) dollars per month. The sheriff shall also be authorized to employ one full-time deputy sheriff and such other full-time deputy sheriffs as are approved by the Board of Commissioners of Meriwether County. The compensation of each full-time deputy sheriff shall be fixed by said Board of Commissioners, but shall not exceed six hundred ($600.00) dollars per month. Said compensation shall be payable from the funds of Meriwether County. The sheriff may employ part-time deputy sheriffs when necessary during the times which are authorized by the Board of Commissioners. The compensation for a part-time deputy sheriff shall be fixed by said Board of Commissioners and shall be at a rate for the time employed not to exceed five hundred ($500.00) dollars per month each, payable from the funds of Meriwether County. The county shall furnish the deputy sheriffs with one fully equipped motor vehicle and such other fully equipped motor vehicles as the Board of Commissioners of Meriwether County shall determine to be necessary to be used by the sheriff and deputy sheriffs in the performance of their official duties. All gasoline, oil and other related maintenance expenses for the sheriff's vehicle and the other vehicles authorized shall be borne by the county. In addition, the sheriff may employ or receive three hundred ($300.00) dollars per month for a jailer or turnkey. The expenses for boarding prisoners shall be paid for out of county funds. Section 2 . Said Act is further amended by striking from section 3 the following: three thousand six hundred ($3,600), and inserting in lieu thereof the following: four thousand two hundred ($4,200.00), and by striking from the second sentence of said section the following: deputy sheriff,

Page 3197

and inserting in lieu thereof the following: deputy clerk, so that when so amended section 3 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 ($8,800.00) 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 clerk 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 ($4,200.00) 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 four thousand two hundred ($4,200.00) dollars per annum each, to be paid in equal monthly installments from the funds of Meriwether County. 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 1971 session of the General Assembly of Georgia, a bill to change the compensation of the deputy sheriffs of Meriwether County and to change the compensation of the assistants and secretarial help of the Clerk of the Superior Court of Meriwether County; to repeal conflicting laws; and for other purposes.

Page 3198

This 15th day of February, 1971. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Claude A. Bray, 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: February 18, 25 and March 4, 1971. /s/ Claude A. Bray, Jr. Representative, 31st District Sworn to and subscribed before me, this 8th day of March, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. POLK COUNTY CORONER'S SALARY CHANGED. No. 524 (House Bill No. 1084). An Act to amend an Act placing the coroner of Polk County on a salary basis, approved March 17, 1958 (Ga. L. 1958, p. 2656), as amended by an Act approved March 18, 1964 (Ga. L. 1964, p. 3082), so as to change the salary of the coroner of Polk County; to authorize the coroner to employ an assistant who shall be paid out of the salary received by the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3199

Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the coroner of Polk County on a salary basis, approved March 17, 1958 (Ga. L. 1958, p. 2656), as amended by an Act approved March 18, 1964 (Ga. L. 1964, p. 3082), 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 coroner of Polk County is hereby placed on a salary basis in lieu of a fee basis. He shall be compensated in an amount of one hundred fifty dollars ($150.00) per month, payable in monthly installments from the funds of Polk County. The coroner is hereby authorized to employ an assistant, who shall be paid out of the salary received by the coroner, to assist him in the performance of the official duties of his office. Said sum shall be in lieu of all fees, costs, percentages, allowances and any other perquisites of whatever kind as are now or may hereafter be provided by law to be received by the coroner. All fees and any other monies shall henceforth be collected by the coroner for the benefit of Polk County and shall be the property of Polk County and shall be turned over by the coroner to the fiscal authority of Polk County. The coroner shall, when turning over such funds to the County, accompany same with an itemized statement as to the sources from which such funds were collected. Section 2 . The provisions of this Act shall become effective on January 1, 1973. 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 1971 Session of the General Assembly of Georgia, a bill to amend an Act placing the coroner of Polk County on a salary basis, approved March 17, 1958 (Ga. L. 1958, p. 2656), as amended by an Act approved March 18, 1964 (Ga. L. 1964, p. 3082), so as to change the salary of the

Page 3200

coroner of Polk County; to authorize the coroner to employ help to assist him in the performance of his duties; to provide for the payment thereof out of the salary paid to the coroner; and for other purposes. This 16th day of Feb., 1971. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 18, 25 and March 4, 1971. /s/ Nathan Dean Representative, 19th District Sworn to and subscribed before me, this 8th day of March, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 5, 1971. CITY OF MILLEDGEVILLECHARTER AMENDED TO CHANGE CORPORATE LIMITS. No. 528 (Senate Bill No. 215). An Act to amend an Act creating a new Charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, so as to change the corporate

Page 3201

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 Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, is hereby amended by adding at the end of section 3 the following: In addition to the area now embraced within the corporate limits of the City of Milledgeville, the following described tracts of land shall be included within said corporate limits: Tract A All that tract of land located in a part of Land Lots 357 and 358 of the 1st Land District of Baldwin County, Georgia, and the 318th, G. M. District of said county, also known as a part of Tract No. 25 as shown on Sheet No. 17 of the map prepared by W. K. Daugherty, Land Surveyor, dated July 12, 1958 entitled `Property Boundary Map, Owens-Illinois Glass Company and Georgia Power Company' and recorded in public records of Baldwin County, Georgia, described as follows: Commencing at the southernmost corner of said Land Lot 357; thence North 4500[UNK]39[UNK] West along the southwesterly line of Land Lot 357 a distance of 1578.89 feet; thence northeasterly on a 715.00 foot radius curve to the left a distance of 332.52 feet to a point of tangency; thence North 4008[UNK]00[UNK] East a distance of 997.85 feet to a point of curvature; thence easterly on a 380.00 foot radius curve to the right a distance of 408.37 feet to a point of tangency; thence South 7817[UNK]34[UNK] East a distance of 505.52 feet to a point of curvature; thence southeasterly on a 780.94 foot radius curve to the right a distance of 327.43 feet to a point of tangency; thence South 5416[UNK]12[UNK] East a distance of 469.82 feet to a point of curvature; thence southeasterly on a 725.00 foot radius curve to the left a distance of 754.37 feet to a point of tangency; thence North 6606[UNK]48[UNK] East a distance of 423.54 feet; thence North 4404[UNK]40[UNK] West along the northeasterly line of said Land Lot 358 a distance of 85.24 feet to the point of beginning; thence South 6606[UNK]48[UNK] West a distance of

Page 3202

394.12 feet to a point of curvature; thence northwesterly on a 645.0 foot radius curve to the right a distance of 617.13 feet to a point of tangency; thence North 5416[UNK]12[UNK] West a distance of 87.34 feet; thence North 5658[UNK]00[UNK] East a distance of 117.01 feet; thence North 4231[UNK]00[UNK] East a distance of 224.44 feet; thence North 0306[UNK]00[UNK] East a distance of 498.60 feet; thence North 1323[UNK]00[UNK] East a distance of 105.61 feet; thence South 4404[UNK]40[UNK] East along the northeasterly line of said Land Lots 357 and 358 a distance of 1095.58 feet to the point of beginning. Tract B All that tract of land located in Land Lot 358 and a part of Land Lots 341, 342, 357, 359 and 360 of the 1st Land District of Baldwin County, Georgia, and the 318th G. M. District of said county, also known as a part of Tract No. 25 as shown on Sheet No. 17 of the map prepared by W. K. Daugherty, Land Surveyor, dated July 12, 1958 entitled `Property Boundary Map, Owens-Illinois Glass Company and Georgia Power Company' and recorded in public records of Baldwin County, georgia, described as follows: Beginning at the southernmost corner of said Lot 359; thence South 4449[UNK]01[UNK] West along the southeasterly line of said Land Lot 342 a distance of 1273.22 feet; thence northwesterly on a 779.3 foot radius curve to the left a distance of 243.83 feet to a point of tangency; thence North 7403[UNK]03[UNK] West a distance of 350.62 feet; thence North 4348[UNK]36[UNK] West a distance of 2413.14 feet; thence North 4516[UNK]47[UNK] East along the northwesterly line of said Land Lot 342 a distance of 1540.60 feet; thence North 4406[UNK]50[UNK] West along the southwesterly line of said Land Lot 358 a distance of 3012.53 feet; thence North 4500[UNK]39[UNK] West along the southwesterly line of said Land Lot 357 a distance of 1578.89 feet; thence northeasterly on a 715.00 foot radius curve to the left a distance of 332.52 feet to a point of tangency; thence North 4008[UNK]00[UNK] East a distance of 997.85 feet to a point of curvature; thence easterly on a 380.00 foot radius curve to the right a distance of 408.37 feet to a point of tangency; thence South 7817[UNK]34[UNK] East a distance of 505.52 feet to a point of curvature; thence southeasterly on a 780.94 foot radius curve to the right a distance of 327.43 feet to a point of tangency; thence South 5416[UNK]12[UNK] East a distance of 469.82 feet to a point of curvature;

Page 3203

thence southeasterly on a 725.00 foot radius curve to the left a distance of 754.37 feet to a point of tangency; thence North 6606[UNK]48[UNK] East a distance of 423.54 feet; thence South 4404[UNK]40[UNK] East along the northeasterly line of said Land Lots 358 and 359 a distance of 2646.08 feet; thence South 4402[UNK]05[UNK] East a distance of 965.60 feet; thence South 0656[UNK]55[UNK] East a distance of 4462.12 feet; thence South 3436[UNK]35[UNK] West a distance of 1162.11 feet; thence South 6240[UNK]05[UNK] West a distance of 162.52 feet; thence South 5930[UNK]52[UNK] West a distance of 146.45 feet; thence South 5722[UNK]45[UNK] West a distance of 134.16 feet; thence South 5327[UNK]35[UNK] West a distance of 216.29 feet; thence North 3907[UNK]23[UNK] West a distance of 434.23 feet; thence North 4501[UNK]00[UNK] East a distance of 1449.52 feet; thence North 4502[UNK]37[UNK] West along the southwesterly line of said Land Lot 360 a distance of 1264.78 feet to the point of beginning. Tract C All that tract of land located in a part of Land Lot 342 of the 1st Land District of Baldwin County, Georgia, and the 318th, G. M. District of said county, also known as a part of Tract No. 25 as shown on Sheet No. 17 of the map prepared by W. K. Daugherty, Land Surveyor, dated July 12, 1958 entitled `Property Boundary Map, Owens-Illinois Glass Company and Georgia Power Company' and recorded in public records of Baldwin County, Georgia, described as follows: Commencing at the easternmost corner of said Land Lot 342; thence South 4449[UNK]01[UNK] West along the southeasterly line of said Land Lot 342 a distance of 1354.88 feet to the point of beginning; thence continuing South 4449[UNK]01[UNK] West a distance of 183.13 feet; thence North 4348[UNK]36[UNK] West a distance of 376.69 feet; thence South 7403[UNK]03[UNK] East a distance of 213.39 feet to a point of curvature; thence southeasterly on a 699.3 foot radius curve to the right a distance of 203.30 feet to the point of beginning. Tract D All of that certain irregularly-shaped composite tract, piece or parcel of land, together with all permanent improvements located thereon and connected therewith, situate, lying and being on and along the northwesterly side of a present limit line of the City of Milledgeville,

Page 3204

and on and along the northeasterly side of the present northerly projection of north Cobb Street, and on and along the southwesterly side of the present right-of-way of the Georgia Railroad and Banking Company, in Land Lots Numbers 282 and 295 in the original First Land District and in the present 318th Militia District in Baldwin County, Georgia, it now being and comprising the Baldwin County Hospital site of Baldwin County Hospital Authority and embracing and including an area of 50.4285 Acres, and being generally bounded on the Northwest by land of the State of Georgia now in the control of The Youth Development Center of said state; on the Northeast by the present right-of-way of the Georgia Railroad and Banking Company, and by lands of M. Ray Hodges; on the Southeast by land of said M. Ray Hodges and by parts of Block `A' and `C' in the residential sub-division of lands called `Vinson Heights'; and on the Southwest by the northeasterly property line of the present paved public street and highway which is now a part of the northerly projection of north Cobb Street and of the merger of said public street into the Milledgeville-Macon State Highway now designated as Georgia Route Number 22, being and including all of the land comprising said original hospital site which was conveyed by the State of Georgia by that deed dated 24 September 1954 which is illustrated by the plat which is a part thereof and which is now recorded in the office of the Clerk of Baldwin County Superior Court In Deed Book Number Forty-six, at Pages Numbers 393 and 394, save and except the area of 0.4267 Acre thereof which was conveyed unto M. Ray Hodges by that deed dated 26 February 1955 and which is now recorded in said Superior Court Clerk's office in Deed Book Number Forty-six at Pages Numbers 547 and 548, plus and including that area of thirty-two acres conveyed by the State of Georgia by that deed dated 30 July 1965 which is illustrated and defined by the plat thereof and which is a part of said deed and which is now recorded in said Superior Court Clerk's office in Deed Book Number Seventy, at Pages Numbers 361-363; to all of which said deeds and plats and the separate records of the same reference is hereby made to particularly identify said included land of the aforesaid net area of 50.4285 Acres.

Page 3205

The corporate limits of the City of Milledgeville shall also include all that land lying and being in Land Lots 235, 236, 251, 252, 253, 264 and 265 of the First Land District of Baldwin County, Georgia, which portion of such land is owned by the Regents of the University System of Georgia, the Georgia Department of Public Safety and the Georgia Department of Defense as set forth in a plat recorded in Deed Book 77, Folio 631, Baldwin County Superior Court by Thomas H. Winchester, Jr., Georgia Registered Land Surveyor 757. Said corporate limits shall also include that portion of the right-of-way of Georgia State Route 49 which lies on the southern boundary of the above described land. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given by the undersigned that a bill will be introduced in the 1971 session of the Georgia General Assembly amending the charter of the City of Milledgeville so as to extend the corporate limits of The Mayor and Aldermen of the City of Milledgeville, such proposed extensions shown on a plat now on record in the office of the Clerk and Treasurer of said City of Milledgeville at City Hall, such proposed extentions having been agreed to by all affected parties. /s/ Culver Kidd, Senator 25th District /s/ Philip Chandler, Representative 34th District /s/ Floyd Harrington, Representative 34th District Georgia, Baldwin County. I, Harold G. Foster, do solemnly swear that I am the Publisher of The Union - Recorder printed and published at Milledgeville in the State of Georgia, and that from my personal knowledge and reference to files of said publication

Page 3206

the legal advertisement of City of Milledgeville, Georgia to extend city limits was inserted in space of legal advertisement as follows: January 21 28, 1971; February 4 11, 1971. /s/ Harold G. Foster, Publisher Subscribed and sworn before me, this 31st day of March, 1971. /s/ Sybil H. Fowler Notary Public Approved April 5, 1971. WILKINSON COUNTYCOMPENSATION OF CLERICAL ASSISTANT OF TAX COMMISSIONER CHANGED. No. 531 (Senate Bill No. 275). An Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Wilkinson County into the one office of Tax Commissioner of Wilkinson County, approved March 3, 1964 (Ga. L. 1964, p. 2314), so as to change the maximum salary which may be paid to the clerical assistant employed by the Tax Commissioner; 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 Wilkinson County into the one office of Tax Commissioner of Wilkinson County, approved March 3, 1964 (Ga. L. 1964, p. 2314), is hereby amended by striking from section 4 the words, symbols and figures three thousand ($3,000.00) dollars, and inserting in lieu thereof the words, symbols and figures four thousand eight hundred dollars ($4,800.00), so that when so amended section 4 shall read as follows:

Page 3207

Section 4. The Tax Commissioner of Wilkinson County shall, in addition to any compensation derived through commissions for the issuance of motor vehicle license plates as provided in an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, and the percentage commission derived for collecting certain taxes as provided in an Act approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended, (Ann. Code Section 92-5304), receive a salary in the sum of $7,000.00 per annum to be paid in equal monthly installments. Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the Tax Collector of Wilkinson County, Georgia. The Tax Commissioner of Wilkinson County is authorized to employ an assistant as he deems necessary, and to prescribe his or her duties. The clerical assistant employed by the Tax Commissioner shall be reasonably compensated. The County of Wilkinson shall pay from the general funds of Wilkinson County a sum to said clerical assistant, not to exceed four thousand eight hundred dollars ($4,800.00) per annum. The amount to be paid out of the said county funds shall be paid in equal monthly installments directly to said clerical assistant. The said clerical assistant shall serve at the pleasure of the Tax Commissioner, and the Tax Commissioner shall have the right to discharge any such clerical assistant and to employ a successor to said clerical assistant. 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 1971 Session of the General Assembly of Georgia, a bill to amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Wilkinson County into the one office of Tax Commissioner of Wilkinson County, approved March 3, 1964, (Georgia L. 1964, p. 2314), so as to authorize an increase in the salary of the clerical assistant, not to exceed the sum of $4,800.00 per annum.

Page 3208

This 25th day of January, 1971. /s/ Culver Kidd Senator /s/ Floyd Harrington /s/ Philip Chandler Representatives Georgia, Wilkinson County. Personally before me, the undersigned officer authorized by law to administer oaths, appeared Joe Boone, who being first duly sworn deposes and says as follows: that he is owner and publisher of The Wilkinson County News, 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 copy of notice of intention to introduce local legislation was published in The Wilkinson County News on the following dates: January 28, 1971, February 4, 1971, and February 11, 1971. /s/ Joe Boone Sworn to and subscribed before me, this 20th day of February, 1971. /s/ Mrs. Nina P. Maley Notary Public, Wilkinson County, Georgia. Approved April 5, 1971. CLAYTON COUNTY BOARD OF COMMISSIONERSQUALIFICATIONS CHANGED, ETC. No. 532 (Senate Bill No. 298). An Act to amend an Act creating the Board of Commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, by an Act approved

Page 3209

March 5, 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), an Act approved April 10, 1968 (Ga. L. 1968, p. 3501), and an Act approved April 23, 1969 (Ga. L. 1969, p. 3096), so as to change the qualifications of the members of said Board; to provide that the chief judge of the Superior Court of Clayton County shall designate one of the members as vice chairman in the event the members of the Board are unable to elect a vice chairman; to change the method of filling vacancies on the Board; to change the office hours of the Board; to authorize the Board to furnish transportation to County employees while conducting official County business; to authorize the Board to pay premiums on group life and hospitalization insurance for County employees; to authorize the Board to describe the requirements for reimbursement for all travel on behalf of the County; to authorize the Board to pass resolutions for the control of domestic animals in the unincorporated areas of the County and to provide penalties for violation of such resolutions; to provide additional duties for the comptroller-administrative assistant; to authorize the Board to adopt reasonable rules and regulations providing for the sale or disposal of abandoned personalty; to provide for an annual audit of the financial affairs, books and records of all departments of Clayton County, including the Clayton County Water Authority; to change the method of expending funds for certain municipal and recreational purposes; to provide for the disposition of rights-of-way not in use; to provide for temporary and permanent employees; to provide that funds recovered from any bond shall be deemed County funds; to authorize the Board to establish a payroll deduction plan for certain purposes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3210

Section 1 . An Act creating the Board of Commissioners of 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), an Act approved April 10, 1968 (Ga. L. 1968, p. 3501), and an Act approved April 23, 1969 (Ga. L. 1969, p. 3096), 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. Any person, in order to be eligible for membership on the Board, must be at least 30 years of age; must have been a bona fide resident and citizen and taxpayer of Clayton County for the two years immediately preceding the date of the election; must be a freeholder in Clayton County by owning land with fee simple title thereto, said land to be in Clayton County; and must be qualified and registered in Clayton County to vote for members of the General Assembly. A member of the Board shall be ineligible to hold any other office of the County, or of the State of Georgia or of the United States, or any other elective office, including municipal offices, during his term of office on the Board. No political party shall ever nominate a candidate for membership on the Board by a plurality vote, but shall require the successful candidate for nomination by said political party to obtain a majority of the votes in the first election, or if necessary, in a second primary election, in which said election the two candidates receiving the highest number of votes in the first election shall be the only candidates. Qualifications. 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. At each first regular meeting in January,

Page 3211

immediately following the election of the members of the Board, the members shall elect a vice-chairman. The vice-chairman so elected shall serve until the expiration of his term of office. Any member may succeed himself as vice-chairman if reelected to the Board. In the event the members of the Board are unable to elect a vice-chairman, the chief judge of the Superior Court of Clayton County shall designate one of the members as vice-chairman. In the event the chairman is temporarily absent from the County or is unable temporarily to carry out his duties because of disability or for any other reason, the vice-chairman shall be clothed with all the authority of the chairman and shall carry out the duties of the chairman during such temporary absence from the County or temporary disability of the chairman. Vice-chairman. 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. In the event a vacancy occurs on the Board of Commissioners by any reason whatsoever, other than the expiration of a member's term of office, the vacancy may be filled as provided in this Section. It shall be the duty of the Ordinary of the County to issue the call for a special election within five (5) days after the vacancy occurs, which special election shall be held not less than thirty (30) nor more than forty-five (45) days after the vacancy occurs, for the purpose of electing a person to serve for the unexpired term. If the vacancy occurs in the office of a representative of a commissioner district, no person may be a candidate to fill the vacancy at the special election, unless he shall reside in the commissioner district for which the vacancy occurs. Each candidate for office under a special election to be held pursuant to the provisions of this Section, shall be required to pay a qualifying fee of three hundred dollars ($300.00) before he shall be allowed to qualify as a candidate for such office. If a vacancy occurs on the Board of Commissioners within ninety (90) days from the date of the next regular election to elect a member of the Board of Commissioners, no special election shall be held and the person elected at the regular election for

Page 3212

the regular term shall take office immediately and shall serve the remainder of the unexpired term. After a person is elected to the Board of Commissioners, whether in the regular election or the special election to fill a vacancy, his removal from a commissioner district shall not create a vacancy on the Board of Commissioners if such commissioner remains a qualified resident of Clayton County, and such person shall continue to serve. Vacancies. Section 4 . 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 Board of Commissioners shall have an office in the County Courthouse, and the chairman shall keep the office open for business during normal office hours from Monday through Friday, except for holidays. Whenever it shall be necessary for the chairman of the Board of Commissioners to be away from the office on County business, he shall leave a competent clerk in charge of the office. The Board of Commissioners shall not have the power to provide that its office shall be at any place other than the County Courthouse. Office. Section 5 . Said Act is further amended by adding a new paragraph at the end of section 10 to read as follows: The Board of Commissioners is authorized to furnish transportation to County officials and employees while conducting official County business, and the Board of Commissioners may, by resolution, establish a mode and means of providing such transportation. Any and all County owned vehicles provided for such official County use shall be appropriately marked with easily discernable decals and used for official Clayton County governmental purposes only; however, in no instance, when a County employee utilizes a private vehicle for County business, shall the reimbursement for the cost of the transportation exceed the amount established by the State of Georgia on a mileage basis for State employees utilizing private vehicles while engaged in State business. The cost of furnishing transportation to County employees pursuant to this Section shall

Page 3213

be paid from County funds. The Board of Commissioners shall have the authority to pay the premiums on a group life insurance and on a hospitalization plan or program for County employees, as may now exist or be implemented in the future, provided the employees have agreed to be covered under a group insurance plan. The Board of Commissioners shall have the authority to prescribe, by resolution, the requirements for reimbursement for all travel done on behalf of the County. The Board of Commissioners shall also have the authority to pass resolutions for the control of domestic animals in the unincorporated areas of the County and to provide penalties for the violation of such resolutions not inconsistent with State law. Transportation for county officials and employees. Section 6 . Said Act is further 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 six thousand dollars ($6,000.00) per annum nor more than thirteen thousand five hundred dollars ($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 fifty thousand dollars ($50,000.00), 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, and pursuant to resolutions adopted by the Board and instructions given by the chairman, he shall perform the duties enumerated as follows: Comptroller-administrative assistant.

Page 3214

(a) Keep and maintain accurate records reflecting the financial affairs of the County. (b) Compile the annual budget covering all County funds. (c) Sign checks and disburse monthly allotments of monies appropriated and budgeted to each department, office of agency of the County entitled to receive same. (d) Maintain current accounts of the collection and deposit of monies due the County from taxes and other sources. (e) Examine all claims against the County and make recommendations as to payment. (f) 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. (g) Maintain proprietary accounts of the current assets and of the liabilities of all County funds. (h) Prepare and issue monthly budgetary reports of the operations of all County funds. (i) Maintain property control records of all County property, including equipment and stores. (j) 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. (k) Perform such other duties as may be assigned by the chairman and/or Board. (l) Conduct such internal audits of County funds as the Board of Commissioners may direct.

Page 3215

Section 7 . Said Act is further amended by striking section 10C in its entirety and inserting in lieu thereof a new section 10C to read as follows: Section 10C. The Board of Commissioners, in addition to any other power and authority granted to it by this Act, is authorized to adopt reasonable rules and regulations providing for the sale or disposal of abandoned personalty, including, but not limited to, vehicles, which in the performance of its police powers, the Board of Commissioners may have caused to be removed from either public or private property for the health, safety and welfare of the general public. Rules and regulations. Section 8 . 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. (a) It shall be the duty of the Board of 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 of this Section. 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. Audit. (b) The auditor so appointed shall make the audits provided for in this Section in accordance with generally accepted accounting procedures and principles and shall submit a complete and final report and audit to the Board of Commissioners not later than one hundred and twenty (120) days after the close of the fiscal year of the County. All audits provided for in this Section 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 statement of all receipts and disbursements, and a statement showing all indebtedness of whatever

Page 3216

kind of the County, its departments and agencies, and the Clayton County Water Authority. In the statement of receipts and disbursements, said auditors shall list the names of the persons, firms or corporations who received a total of one hundred ($100.00) dollars or more during the preceding fiscal year and show for what purpose these funds were received; for example: salaries, supplies, machines, et cetera. 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 and the Clayton County Water Authority. Should the auditor discover any violations of the laws of Georgia or any irregularities in any of the finances or the accounts of the county, its departments and agencies, and the Clayton County Water Authority, it shall be the duty of the auditor to immediately report such violations or irregularities 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 violation or irregularities are discovered. (c) All audits, as provided for in this Section, shall be reproduced in sufficient number, and five (5) copies shall be delivered and filed with the clerk of the Superior Court of Clayton County, and such copies shall be maintained in the office of the clerk of the Superior Court of Clayton County for public inspection. (d) 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, but such inspection shall not interfere with the orderly conduct of business. Records shall not be removed from the Board of Commissioner's office except by court order or when accompanied by an appointed custodian representing the office of the Board of Commissioners. (e) The compensation of the auditor shall be fixed by agreements between the Board of Commissioners and the auditor selected to make such audit. The compensation of the auditor, as determined pursuant to this subsection, shall be payable from the funds of Clayton County, except that

Page 3217

the cost attributable to the audit of the Clayton County Water Authority shall be paid from the funds of the Clayton County Water Authority. Section 9 . Said Act is further amended by striking section 16 in its entirety and inserting in lieu thereof a new section 16 to read as follows: Section 16. The Board of Commissioners shall cooperate to the fullest extent with the various municipalities in Clayton County in the grading, paving and maintaining roads and streets, and in grading and maintaining public parks, playgrounds and school grounds of the County, so as to insure that County funds for such purposes, as found by the Board of Commissioners, are being expended in the best interest of the citizens of the County. Cooperation with municipalities. Section 10 . Said Act is further amended by striking section 18 in its entirety and inserting in lieu thereof a new section 18 to read as follows: Section 18. No property belonging to Clayton County shall be sold unless the same is sold at public sale after the advertising of the time and place of such sale for at least two weeks in the official organ of Clayton County. The Board of Commissioners shall have the power to make disposition of discontinued rights-of-way which have been acquired and are not needed for road improvements, by private negotiation with adjacent property owners for the purpose of sale of these properties after having caused two competent appraisals to be made of the properties, and such rights-of-way shall not be sold for less than the appraised value; however, if such negotiations should not result in a sale, the rights-of-way may be sold at public sale. Public property sales. Section 11 . 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. The Board of Commissioners may, as it shall find necessary, employ such number of temporary or permanent employees in order to carry out the orderly

Page 3218

function of all county responsibilities. Said employees shall be paid from county funds. Employees. Section 12 . Said Act is further amended by adding a new section immediately following section 20 to be designated as section 20A to read as follows: Section 20A. Any funds recovered from any bond required by this Act shall be deemed to be County funds and shall be treated accordingly. Bond funds. Section 13 . Said Act is further amended by adding a new section immediately following section 20A, to be designated section 20B, to read as follows: Section 20B. The Board of Commissioners is hereby authorized to establish reasonable rules and regulations for a payroll deduction plan whereby an employee or official of Clayton County may make application, in writing, that a portion of his salary be deducted and remitted to the entity designated by such applicant. This service shall in no way create any legal obligation or liability upon the Board of Commissioners, county or its employees. The cost of services rendered under this Section shall be paid from county funds. Payroll deductions. Section 14 . 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, 1971 Session of the General Assembly of Georgia an Act to amend an Act pertaining to the Board of Commissioners of Clayton County (Ga. L. 1955, p. 2064, as amended) so as to provide for compensation; to provide for the adoption of uniform regulations pertaining to the transportation for all county employees; to provide for filling vacancies, special elections, qualifying fees, vacancies in office; to provide for giving bond, budgetary control, receiving and disbursing county funds; disposition of property abandoned or declared to be surplus; for auditing and

Page 3219

reports of county funds and the county water authority funds; payment of the cost of the audit; disposition of funds recovered from bonds, if any, to repeal conflicting laws, to provide for an effective date and for other purposes. This 12th day of January, 1971. /s/ John R. McCannon County Attorney for Clayton County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell A. Starr who, on oath, deposes and says that he is Senator from the 44th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forest Park Free Press which is the official organ of Clayton County, on the following dates: January 15, 22 and 29, 1971. /s/ Terrell A. Starr Senator, 44th District Sworn to and subscribed before me, this 1st day of March, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. Approved April 5, 1971.

Page 3220

EXAMINATION OF MASTER ELECTRICIANS ACT AMENDED (150,000-500,000). No. 545 (House Bill No. 331). An Act to amend an Act providing for the examination of master electricians in counties having populations of 150,000 or more according to the 1930 or any future Federal Census, approved January 31, 1938 (Ga. L. 1937-1938, Ex. Sess., p. 327), as amended by an Act approved February 26, 1943 (Ga. L. 1943, p. 484), so as to provide that said Act shall not apply to counties with populations of 500,000 or more according to the 1970 Federal 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 . An Act providing for the examination of master electricians in counties having populations of 150,000 or more according to the 1930 or any future Federal Census, approved January 31, 1938 (Ga. L. 1937-1938, Ex. Sess., p. 327), as amended by an Act approved February 26, 1943 (Ga. L. 1943, p. 484), is hereby amended by adding to the end of Section 1 the following: This Act shall not apply to counties with populations of 500,000 or more according to the 1970 Federal Census or any future such Census., so that when so amended, said section 1 shall read as follows: 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 in all counties in this State having a population of 150,000 inhabitants or more by the U. S. Census of 1930, or any future U. S. Census, there shall be created a Board of Examiners to determine the fitness of master electricians to engage in said vocation, in order to safeguard life, health and property in said counties. This Act shall not apply to counties with populations of 500,000 or more according to the 1970 Federal Census or any future such Census.

Page 3221

Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 8, 1971. CITY OF MONROENEW CHARTER. No. 546 (House Bill No. 793). An Act to reincorporate the City of Monroe in the County of Walton; 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 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 the registration of voters; to provide for the method of conducting elections; to provide for authority to acquire, hold, extend, equip, maintain and operate various desired utility systems; to provide for the sale, lease, or transfer of said systems; to provide for the establishment of the recorder's court; to provide for the appointment of the recorder; to provide for the qualifications and compensation of the recorder; 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 issuance of warrants in the absence of the recorder; to provide for authority to establish, abolish and reestablish a Board of Police Commissioners; to provide for authority to establish regulations and procedures relating to zoning; to provide for a retirement and disability benefits system; to provide for severability, to repeal specific laws; to repeal conflicting laws; and for other purposes.

Page 3222

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 Monroe, Georgia, repealing and replacing the charter as provided by Ga. L. of 1896, p. 212; Ga. L. of 1898, p. 231; Ga. L. of 1899, p. 929; Ga. L. of 1904, p. 542; Ga. L. of 1906, p. 894; Ga. L. of 1909, p. 1194; Ga. L. of 1911, p. 1407; Ga. L. of 1916, p. 835; Ga. L. of 1919, p. 1117; Ga. L. of 1921, p. 1024; Ga. L. of 1925, p. 1268; Ga. L. 1931, p. 903; Ga. L. of 1941, p. 1675; Ga. L. of 1945, p. 812; Ga. L. of 1947, p. 818; Ga. L. of 1949, p. 201; Ga. L. of 1953, Nov. Sess. pp. 2489, 2632; Ga. L. of 1955, p. 2157; Ga. L. of 1956, p. 2418; Ga. L. of 1960, p. 2060; Ga. L. 1961, pp. 2563, 2873; Ga. L. of 1962, pp. 2050, 2428; Ga. L. of 1964, p. 2056; Ga. L. of 1966, p. 2457; and Ga. L. of 1967, p. 513, as amended. The City of Monroe, Georgia, in the County of Walton and the inhabitants thereof, shall continue to be a body politic and corporate under the name and style of the City of Monroe, 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. Section 1.02 City Boundaries . Be it further enacted, that the corporate boundaries of the City of Monroe shall be as described in Appendix A, which is attached hereto and incorporated herein by reference. 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, reevaluation, and collection of taxes on all property subject to taxation. (b) To levy and to provide for the collection of license

Page 3223

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 in fee simple or lesser interest, 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, but only in the manner described in Article VI of this charter, including but not limited to a waterworks system, sewerage system, a natural gas system, an electrical power system, both inside and outside the corporate limits subject to the provisions of applicable general law, and to 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

Page 3224

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 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, cultural, 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 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 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 camps, 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 which are in violation 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.

Page 3225

(p) To provide for a plan or plans for the districting or zoning of the city for the purpose of regulating the use of land therein; to provide for a city retirement and disability benefits system; to provide for any boards or commissions deemed necessary or appropriate for the effective functioning of any aspect of city government. (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 be punished within limitations prescribed by the mayor and council in such ordinance, rules, regulations, or order but 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, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this Charter as fully and completely as if such powers were fully 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

Page 3226

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 by ordinance to alter, open or close public streets and public alleys and ways without notification. (w) To exercise the power of arrest through duly appointed policemen. (x) To acquire, construct, operate, distribute, sell and dispose of a community antenna television service. 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 council of said city. Compiler's Note: The enrolled bill does not contain paragraphs j, k, l, and n. ARTICLE II . CITY GOVERNMENT Section 2.01. Establishment of City Government . Be it further enacted, that all corporate, legislative, and other governmental powers of the City of Monroe shall be vested in a City Council to be composed of a mayor and six councilmen. The mayor and councilmen 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 Monroe. 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, must meet the requirements

Page 3227

of a qualified elector for members of the General Assembly, as prescribed by state law, must be a registered voter of the City of Monroe, and must be a bona fide resident of the City of Monroe 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 first Thursday in December 1971, and on said date every two years thereafter, a general election shall be held for mayor and the two councilmen whose terms of office are expiring. The candidate for mayor who receives a majority of votes cast in said election and the two candidates for councilmen who receive a majority of votes cast in their respective elections shall be elected for terms of office of two years each and until their successors are duly elected and qualified. The two councilmen to be elected in December of odd numbered years shall be for the seat from Ward 1 and for the Post 1 at large seat. All the territory embraced in the City of Monroe, lying South of Washington Street (if extended) to Wilkins Street (if extended) to Foster Street (if extended) to city limits and East of Midland Avenue and Georgia Railroad Main Track shall be known as Ward 1. On the first Thursday in December 1972, and on said date every two years thereafter, a general election shall be held for the four councilmen whose term of office are expiring. The four candidates for councilmen in said election who receive a majority of votes cast in their respective election shall be elected for terms of office of two years each and until their successors are duly elected and qualified. The four councilmen to be elected in December of even numbered years shall be for the seat from Ward 2, the seat from Ward 3, the seat from Ward 4, and for the Post 2 at large seat. All the territory South of Washington Street and East of Broad Street and South of McDaniel Street and West of Midland Avenue and Georgia Railroad Main Track shall be known as Ward 2. All the territory North of

Page 3228

McDaniel Street and West of Broad Street shall be known as Ward 3. All the territory East of Broad Street and North of Washington Street (if extended) to Wilkins Street (if extended) to Foster Street (if extended) to the city limits shall be known as Ward 4. Candidates for ward seats must live in the ward which they seek to represent but all elections shall be at large. In instances where no candidate for mayor or for any council seat receives a majority of the votes cast at the election held on the first Thursday in December, a runoff election shall be held between the two candidates receiving the highest number of votes in such election. Said runoff election shall be held on the second Thursday in December. The candidate for mayor or for any council seat receiving a majority of the votes cast in such runoff election shall be declared the winner. Section 2.04. Terms of Office . Be it further enacted, that the terms of office of mayor and councilmen shall begin on the first day of January next succeeding the election, shall continue for two years and until their successors are elected and qualified. Section 2.05. City Council . Be it further enacted, that (a) The City Council shall hold regular public meetings at a stated time and place, as provided by ordinance. The Council shall meet in special session on call of the mayor or on call of the vice-mayor and two councilmen. Notice of such special meetings shall be served on all other members personally, or by telephone personally, or shall be left at their residence at least twelve hours in advance of the meeting. Such notice shall not be required if the mayor and all councilmen shall be present when the special meeting is called. The requirement shall be considered waived if the mayor and all councilmen are present when the special meeting is convened. Only the business stated in the call may be transacted at a special meeting, except by unanimous consent of all members present. (b) The Council shall exercise its powers only in public

Page 3229

meetings. Four members of the council and the mayor, or in his absence the vice-mayor, shall constitute a quorum authorized to transact city business. Voting on adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the minutes, but any member shall have the right to request a roll call vote. The affirmative vote of a majority of the council shall be required for the adoption of an ordinance, or resolution except as otherwise provided in this charter. (c) The Council may by ordinance adopt rules and bylaws to govern the conduct of its business, including procedures for compelling the attendance of absent members, and punishment for contemptuous behavior conducted by any person 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, but shall have veto power, to be exercised in the following manner: the mayor shall have five days after the meetings of the Council in which to file with the city clerk his dissent in a written memorandum, and the Council may at any time within thirty (30) days of such filing pass any ordinance, order, or resolution, notwithstanding the veto, by a vote of two-thirds of the total number of councilmen, to be taken by ayes and nays, and entered upon the minutes. The mayor shall also be the ceremonial head of the city; shall as a matter of course sign ordinances and resolutions upon their final passage, provided that his refusal to sign shall in no way impair the effect or validity of ordinances, orders, or resolutions duly passed by the Council; shall obtain short term loans in the name of the City when authorized by the council to do so; shall sign, when authorized by the Council to do so, deeds, bonds, contracts and other instruments executed by the City which are required by law to be in writing; and shall perform such other duties as are or shall be imposed by this charter and duly adopted ordinances. Section 2.07. Vice-Mayor . Be it further enacted, that at the first regular meeting in January or at the earliest

Page 3230

convenient opportunity thereafter, and after the newly elected councilmen have taken office following each regular election, the council shall elect from its membership a vice-mayor for a term of one year. Section 2.08. Vacancy in Office of Mayor or Councilmen . Be it further enacted, that 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, which leave shall be entered upon the minutes books; or if he is adjudged incompetent or is convicted of malfeasance in office, or of a felony, or any violation of election laws. If a vacancy occurs on the council, a special election shall be held within a period of forty-five (45) days after the office becomes vacant pursuant to a call of a special election as provided by this charter; in the event such a special election is called, the existing vacancy shall be filled for the unexpired term. Provided, however, if a regular election for the city shall be held within three (3) months after the vacancy occurs, the vacancy shall be filled for the unexpired term 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 new 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 ordinance and in accordance with state law. 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 Administrator . (a) Be it further enacted, that the Council may appoint a city administrator, who shall serve at the pleasure of the Council. For so long

Page 3231

as there is a City Administrator in office all references in this charter to City Clerk shall be read to refer to the city administrator. The city administrator shall be vested with such power and authority as may be granted to him by ordinance, which may include generally, but shall not be limited to, those duties of city clerk, purchasing agent for all departments, coordinator of commissions and departments, and the general management of city business, under the direction and guidance of the Mayor and Council. (b) In the event that the Council elects to exercise its discretion in not appointing a city administrator, or decides to abolish such an office, then it shall have full authority to appoint a city clerk and to vest him with all powers and duties which, in the judgment of the city council, are necessary or proper for efficient and effective government administration. Section 2.11. Requirement of Bond . The Council shall require the city administrator or the city clerk, as the case may be, before entering upon discharge of his duties to give good and sufficient bond in an amount to be decided by the Council, but not less than $50,000.00, payable to the City of Monroe, 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 Council, and the premium thereon shall be paid by the City. For so long as there is a city administrator in office, whenever an act or function is required to be done by the city clerk the city administrator of the City of Monroe shall perform said act or function. Section 2.12. 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 ordinance shall be in written form and read at a minimum of two meetings of the Mayor and Council except in emergency situations before being voted upon. The affirmative vote of at least a

Page 3232

majority of the city council shall be required to pass any 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 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. 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; may transfer or change the functions and duties of offices, positions of employment, departments and agencies of the city; and may prescribe the duties and compensation of any office or positions of employment. 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. The mayor shall also have the authority to appoint committees of council members for the purpose of overseeing the operation of any office or department in the city government. Section 3.03. City Attorney . Be it further enacted, that the Council shall appoint a city attorney, together with such

Page 3233

associate city attorneys as may be authorized by ordinance, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney and associate city attorneys shall be responsible for representing and defending the city in all litigation in which the city is a part; may each 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: 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 Monroe, and I will faithfully discharge the duties of. So help me God. Said oaths, with the officer's jurat attached, shall be written or printed, and when executed, filed with the city clerk. 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 or election to any city office. No councilman or mayor may run for any city office except the one presently held without first resigning from such 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 be 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 this capacity as a city

Page 3234

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, after an administrative hearing before the mayor and council, be found guilty of malpractice or 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 involved in such a contract or sale shall render the contract or sale voidable by the Mayor and Council. Section 3.08. 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. ARTICLE IV . FISCAL ADMINISTRATION Section 4.01. Property Taxes . Be it further enacted, that all property subject to taxation for State or county purposes, assessed as of January 1 of each year, shall be subject to the property tax levied by the City of Monroe. The 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 Georgia Code section 92-4001 or by any other Georgia law. Section 4.02. Listing, Assessing and Collecting Taxes . Be it further enacted, that the council shall be authorized to prescribe by ordinance the manner in which ad valorem taxes on real and personal property within the corporate limits of the city shall be listed, assessed and collected. Section 4.03. Tax Levy . Be it further enacted, that the council shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the city for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services, and for other public purposes as determined

Page 3235

by the council in its discretion. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. The City of Monroe is hereby exempted from the provisions of Georgia Code sections 92-4101 through 92-4104, inclusive. Section 4.04. Tax Due Dates and Tax Bills . Be it further enacted, that the council shall provide by ordinance when the taxes of the city shall fall due and in what length of time said taxes may be paid, and shall provide by ordinance for the payment of taxes due to the city either in installments or in one lump sum, in its discretion. The council shall also provide for how and upon what terms such taxes shall be due and payable, and may authorize voluntary payment of taxes prior to the time when due. Section 4.05. 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 any police officer of the city or other person appointed by the council, under the same procedure provided by the laws governing execution of such process from the Superior Courts of Georgia, or by the use of any other legal processes and remedies provided by Georgia law. City property taxes shall constitute a lien against all property upon which city property taxes are levied, as of the assessment date of January 1 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. In cases of hardship, the Council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, fees, assessments or other amounts due to the city. Section 4.06 Special Assessments . Be it further enacted, that the council shall have the power and authority to 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 or appurtenances, against the abutting property owners, under such terms and conditions as provided by ordinance. Such special assessments shall become delinquent thirty days after their

Page 3236

due dates and shall thereupon be subject to a penalty of ten per cent of the amount due in addition to fi. fa. charges or shall thereafter be subject to interest at the rate of nine 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 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 4.07. Licenses and Occupational Taxes . Be it further enacted, that the council may provide by ordinance for the levy of such license and occupation taxes upon the residents of the City of Monroe, both individual and corporate, and upon all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the council may deem expedient for the public health, safety, benefit, convenience or advantage of the city. The council shall have the power to classify businesses, occupations, professions, or callings for the purpose of taxation in any way which may be lawful; to require such persons to procure appropriate licenses; to compel payment for such licenses; and to provide by ordinance rules and regulations necessary or proper to carry out the powers herein conferred, and to prescribe penalties for the violation thereof. Section 4.08. Garbage Collection Service Charges . Be it further enacted, that the council may provide by ordinance for the assessment and collection of fees, charges or tolls for garbage collection services rendered within or without the corporate limits of the City of Monroe, in order to defray the cost of collection and disposal of garbage throught the garbage facilities of said city. If unpaid, the garbage collection service charge shall constitute a lien against any property of persons served, which lien shall be superior to all other liens, except that it shall be of equal dignity with 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.

Page 3237

Section 4.09. Transfer of Executions . Be it further enacted, that the city clerk of the City of Monroe shall be authorized to transfer or assign any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfers of tax fi. fas. Provided that, upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred or executed by the city, the owner of such property in fee simple or lesser interest, shall not lose his right to redeem the property in accord with the requirements of redemption of property sold under State or county ad valorem tax fi. fas., as said requirements now exist or as may be provided by law from time to time. Section 4.10. General Obligation Bonds . Be it further enacted, that the council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 4.11. Revenue Bonds . Be it further enacted, that revenue bonds may be issued by the council as now or hereafter provided by an Act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Bond Law (Ga. L. 1937, p. 761) as now or hereafter amended. Section 4.12. Budget . Be it further enacted, that the city government of Monroe shall be operated on a budget. The council shall, by ordinance, set the fiscal year and set the procedures to be followed in adopting, changing, and following the budget. Provided, however, that the budget shall be published in a newspaper of general circulation in Monroe for at least two consecutive issues after the budget is adopted each year. Compiler's Note: The enrolled bill does not contain a 3.07.

Page 3238

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 for councilmen as the case may be, shall be held on the first Thursday in December of each year. Runoff elections, if required, shall be held on the second Thursday in December. Officials elected at any regular election shall take office on the first day of January next following such election. Section 5.02. Notice of Candidacy . Be it further enacted, that any person desiring to become a candidate in any regular election shall file written notice of his candidacy with the municipal superintendent not less than fifteen (15) nor more than forty-five (45) days, as prescribed by ordinance, prior to the date fixed for the holding of any such election. Any person desiring to become a candidate in any special election shall file written notice of his candidacy with the municipal superintendent not less than ten (10) days nor more than thirty (30) days, as prescribed by ordinance, prior to the date fixed for the holding of any such election. Section 5.03. Qualification of Electors . Be it further enacted, that any person meeting the qualification of an elector for members of the General Assembly under State law who has been a bona fide resident of the City of Monroe for at least ninety days next preceding the election in which he desires to vote or such period as may otherwise be provided by the Georgia Municipal Election Code, 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 Monroe where provision is made for election by the qualified voters thereof, shall be conducted as to special or general elections in conformity so far as applicable with the provisions of the Georgia Municipal Election Code and Title 34A of the

Page 3239

Code of Georgia of 1933, as it now exists or may hereafter be amended. Whenever any time period established by the Election Code is altered so as to change or supersede any time period provided herein, it shall be considered that the time periods provided herein will be correspondingly changed so as to avoid any conflict between this charter and the general law of the State. Section 5.05. Time of Election . Be it further enacted, that the polls shall be open from 7 o'clock a.m. local time to 7 o'clock p.m. local time. Section 5.06. 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; provided, however, any change in a polling place shall be effective as provided by section 34A-604 of the Code of Georgia of 1933 as it now exists or may hereafter be amended. Section 5.07. Voter Registration . Be it further enacted, that in all elections held in the City of Monroe, whether 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 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 5.09. Absentee Ballots . Be it further enacted that the Council in its discretion is authorized to provide by ordinance for absentee ballots. ARTICLE VI . MUNICIPAL UTILITIES Section 6.01. Powers of the Council . Be it further enacted, that the Council shall have authority and power to acquire, hold, build, extend, equip, maintain and operate a system of waterworks, electric light and power, sewerage,

Page 3240

and natural gas distribution for municipal purposes, and to establish rates and charge fees for services rendered in 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 contract to furnish any of the services of said systems to consumers outside the corporate limits of the City of Monroe. Section 6.02. Power to Obtain Land and Use of Land . Be it further enacted, that the City of Monroe shall have the right, easement, and franchise of laying the necessary mains, pipes, conduits, drains, and other reasonable or necessary appurtenances for the purpose of extending any of the above systems across any land inside or outside the corporate limits of said city by exercise of the power of eminent domain, and along the highways in the County of Walton without cost. Section 6.03. Protection . Be it further enacted, that the Council may provide by ordinance for the protection of water basin and watershed from which the water supply is taken, to prevent contamination thereof, and to protect any of the systems provided for in this article, including the mains, pipes, conduits and appurtenances thereto, whether situated within or without the corporate limits of the City of Monroe. Section 6.04. Offices, Commissions Generally: Creation . Be it further enacted, that the Council shall have authority to create by ordinance such offices and commissions in addition to the commissions and boards created by this charter as are deemed necessary to carry out the provisions of this article, and shall appoint members of such commissions and holders of such offices as are thus created by them, and such appointees shall serve at the pleasure of the council. Section 6.05. Water, Light and Gas Commission: Creation . Be it further enacted that the council shall elect from the qualified voters of the city, who are otherwise entitled

Page 3241

to hold office in the city, three persons to be known as the Water, Light and Gas Commission; provided that the mayor of the city may appoint one of the commissioners from the city council. The terms of office of the persons so elected shall expire respectively at the first regular meeting of the council in the month of September, 1971, 1972, and 1973, or when their successors are duly elected as hereinafter provided. At the expiration of the terms of any of the commissioners, the council shall elect a commissioner for a term of three years; provided that vacancies untimely caused by death, resignation, removal or other cause, shall be filled by the council for the unexpired term. The Commissioners comprising said water, light and gas commission shall be amendable to the council and subject to removal from office only after notice and an administrative hearing afforded them before the mayor and council and only after such individual is found guilty of malpractice or malfeasance or misconduct or neglect of duties. Section 6.06. Water, Light and Gas Commission: Employees . Be it further enacted that, the water, light and gas commission is hereby authorized to employ a clerk for such commission and such assistants as may be deemed necessary by the commission, and to prescribe the salaries of all such employees. The office of clerk of the water, light and gas commission shall be separate from the office of city clerk, and the clerk of the water, light and gas commission shall give bond in the sum of ($50,000.00) fifty thousand dollars payable to the city, and assistant clerks of said commission shall give bond payable to the city in such amounts as may be determined by the commission, but in any event not less than three thousand dollars ($3,000.00). Section 6.07. Water, Light and Gas CommissionPowers . Be it further enacted, that the water, light and gas commission shall have power and authority to carry out any contract made by the city for all services of section 6.01 if authorized by the council with and out of the proceeds arising from the sale of bonds for this purpose. They shall

Page 3242

have the management and control of the operation of such systems and shall have power and authority to maintain, repair and extend such systems, as in their judgment may seem proper, or as the mayor and council may direct. They are hereby empowered to charge the citizens of the city and all persons such sums as they deem just and proper for the use of such systems of the city, and shall have power to enforce such rules and regulations; and they may further enforce payment of any amount due the city for such systems by having their clerk to report delinquent accounts to the city clerk, who shall issue execution to be levied and collected as other executions. The commissioners shall elect annually from time to time a superintendent and engineer, and shall appoint such other agents and servants as may be necessary to operate the plant. All salary schedules will be presented to the city council for their information. A certain percentage of the gross revenues derived from the operation of said systems shall be set aside each year as a capital improvement fund, as authorized by the council. Section 6.08. Water, Light Gas CommissionRules and Regulations . Be it further enacted, that the water, light and gas commission may make such rules and regulations for distribution and sales of water, lights, gas and for sewer service charge as they deem proper regarding the operation of such systems, but shall not make any contracts for such systems for a period longer than one year, nor shall they by contract limit or restrain their own power nor that of their successors to make contracts with other persons, or modify or discontinue such as they make whenever in their judgment it is best to do so. The Commissioners may pass such rules and regulations for the protection of the systems as they may deem proper, and when adopted by the council of the city they shall have the force and effect of ordinances of the city. Section 6.09. Water, Light and Gas Commission: Operations Budgets, Reports . Be it further enacted that the

Page 3243

water, light and gas commission shall present to the council, at least 30 days before the beginning of each year, a proposed budget for the following year; the council may ask for explanation or amendments to said budget. Said Commission shall also make a monthly report for all receipts and disbursements and such other items as they see fit or as the council may require. Section 6.10. Water, Light and Gas CommissionExpansion Fund . Be it further enacted, that seven per cent of the gross revenue received per month from the operation of any utility systems operating under the authority of the water, light and gas commission shall be placed in a reserve fund separate from all other funds. The money in this fund shall be used for expansion or major maintenance and repair expense of any of the city's utility systems. Provided that, the aggregate amount in this fund for any given year shall not exceed forty per cent (40%) of the gross receipts for the previous year. Section 6.11. Alienation of Utility SystemsLimits . Be it further enacted, that the systems provided for in this article shall not be sold, leased, or otherwise transferred or disposed of unless authorized by a vote of two-thirds of the registered voters of the City of Monroe voting at an election for such purpose, to be held in accordance with Georgia law; provided that said two-thirds so voting shall not be less than a majority of all of the registered voters of said city. Provided further that the council shall be free to authorize disposal of equipment deemed obsolete or no longer usable. ARTICLE VII . RECORDER'S COURT Section 7.01. Creation . Be it further enacted, that there is hereby established a court to be known as the Recorder's Court, City of Monroe, which shall have jurisdiction and authority to try offenses against 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

Page 3244

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 Monroe 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 7.02. 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, and shall be qualified to vote in Monroe, and Walton County. The recorder shall be appointed by the Council, and shall serve at the discretion of the Council. The compensation of the recorder shall be fixed by the Council. (b) The Mayor shall serve in the absence of the recorder and shall have the same qualifications as the recorder. (c) 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 Council. Section 7.03. Jurisdiction . Be it further enacted, that the recorder shall have power to impose fines, costs and

Page 3245

forfeitures for the violation of any ordinance of the City of Monroe passed in accordance with the charter, to an amount not to exceed five hundred dollars ($500.00), 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 (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 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 (20) 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 Monroe 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 the criminal law of the State committed within the corporate limits. Except as may herein otherwise be 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 Monroe. 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 7.04. Right of Appeal . Be it further enacted, that the right of appeal and any bond as may be required to secure costs on appeal to the Superior Court of Walton County from the recorder's court shall lie in the same manner and under the same procedure as generally prescribed for appeals bonds from the Court of Ordinary. Provided, however, any person convicted of an offense shall have ten (10) days to file his appeal. An appeal to the Superior Court shall be a de novo proceeding.

Page 3246

Section 7.05. Court Costs . Be it further enacted, that in all cases in the recorder's court of the City of Monroe, the costs incurred and allowable herein may be computed under the provisions of the laws of the State of Georgia fixing costs in justice of the peace courts of said State, or the city council may establish a schedule of fees to defray the costs of operation. 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 also may 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 7.06. Rules for Court . Be it further enacted, that the council may adopt in part or in toto the rules and regulations relative to the procedures of the operation of the Superior Courts under the general Laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filled with the city clerk and shall be available for public inspection. Section 7.07. Warrants . Be it further enacted, that in the absence of the recorder the mayor and each councilman shall be ex-officio justice of the peace in said city for the purpose of issuing warrants for offenses against the penal laws of the State committed within the corporate limits of said city and shall have authority to issue warrants for offenses against the ordinances of said city. ARTICLE VIII. OTHER BOARDS: ORGANIZATION AND PROCEDURES Section 8.01. Board of Police Commissioners . Be it further enacted, that the city council of the City of Monroe is authorized to establish, abolish, modify and reestablish in

Page 3247

its discretion a Board of Police Commissioners, and to provide for the appointment, removal with or without cause, compensation, duties, powers and qualifications of the members thereof; provided that any member selected to serve as commissioner of said board shall be a qualified voter of said city. The terms of office of the commissioners shall be for three years and until their successors are elected and qualified. At the expiration of the terms of any of the commissioners or upon the occurrence of any untimely vacancy due to death, resignation, removal, or other cause, the council shall elect a new commissioner (and may in its discretion, elect the same commissioner for successive terms) to serve the new or the unexpired term, provided that the mayor of the city may appoint one of the commissioners from the city council. The commissioners, when so appointed, shall have authority to appoint a Chief of Police and such policemen as they deem necessary, and to supervise them generally, fix their compensation, and remove each or all of them with or without cause. Subject to the guidance and direction of the city council and these charter provisions, the Board of Police Commissioners shall, in general, have charge of the police department of said city. Section 8.02. Budget Required; Fiscal and Other Reports . Be it further enacted, that if a Board of Police Commissioners is established, then a proposed annual budget for each year shall be presented to the council by the Board at least 30 days before the beginning of each fiscal year, and upon approval and if necessary, modification, of said budget by the council, the funds allocated therein for the operation of said commission shall be paid to the Board by the Council. Said Board shall make quarterly reports to the council of all receipts and disbursements and of such other matters as they deem proper, or as the council may require. Section 8.03. Powers of the Chief of Police . Be it further enacted, that (a) In the event the mayor or council elect to exercise the authority granted herein to elect a Board of Police Commissioners, the Chief of Police of said city shall be appointed by said Board.

Page 3248

(b) In the event the mayor and council elect not to exercise the authority to appoint a Board of Police Commissioners as herein conferred, the mayor and council shall appoint a chief of police and such other members of the police force as they deem necessary for the good order and protection of the City of Monroe and shall have the authority to discharge any policeman including the Chief of Police, with or without cause. In the event that there is no chief of police appointed by the city governing authorities, all of the rights, powers, duties and responsibilities conferred by this charter upon the chief of police shall be vested in such other member of the police force as the mayor and council shall designate, but the mayor shall have control over the police force so elected. In the event of any vacancy occurring due to death, resignation, removal or any other cause, on the police force the mayor shall have the authority to make a temporary appointment to fill the vacancy until such time as the mayor and council shall meet in order to act on said vacancy. The council shall have authority to appoint special policemen when in its judgment a need arises therefor, who shall serve in an emergency until their services are terminated by the council. Section 8.04. Zoning Authority . Be it further enacted, that the council may in the interest of the 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 purpose of regulating the locations of trades, industries, apartment houses, dwellings or other uses of property or for the purpose of regulating the height of buildings or other structures, or for the purpose of aligning buildings or other structures near street frontages. Section 8.05. Board of Zoning Appeals . Be it further enacted, that the council may create a board of zoning appeals, which shall hear and decide appeals from and review any order, requirement, decision, or determination made by the inspector of buildings or other enforcement officer in the enforcement of the zoning regulation. The council may authorize the board of zoning appeals to administer the details of the application of any zoning regulation and may

Page 3249

delegate to the board power deemed necessary for administration of the zoning regulations. Section 8.06. Retirement and Disability Benefit System: Creation . Be it further enacted, that the City council is empowered to create a system of retirement for employees of the City of Monroe, Georgia, and to provide benefits for such employees due to any accident or illness resulting from occupational hazards. Section 8.07. Powers of the City as to Retirement Plan . Be it further enacted, that the council shall have the right to adopt any ordinances, resolutions or regulations governing the operation, administration, character, and nature of such plan, subject to the provisions of this charter, and may create a retirement board as provided below, and may abolish and may recreate said board at pleasure. Section 8.08. Retirement BoardMembers, Terms, Secretary . Be it further enacted, that in the event the council elects to appoint a retirement board, the general administration and responsibility for the proper operation and disbursement of said retirement fund according to the provisions of this Act of city ordinances shall be vested in said Retirement Board which shall consist of the mayor and one councilman, said councilman to be chosen by a majority vote of the city council of Monroe, the city clerk, one employee to be chosen by a majority vote of the city employees affected hereby, assembled for such purpose and presided over by the city clerk, who shall certify the elected member, and a fifth member to be selected from among the private citizens of said city by the aforementioned four. The terms of office of the members of said Board shall be as follows: The mayor and council and city clerk to serve during their terms of office, it being expressly understood that the term of said Mayor and councilman and city clerk on the retirement board shall be determined by the office and not by the individual. The Board member elected by the employees and the private citizen member so chosen as above provided shall each be for a term of two years and until a successor has been selected and qualified. Said Retirement Board may be delegated authority to establish

Page 3250

reasonable rules and regulations for the purpose of administering this Act. The Secretary of said Board, who shall be the city clerk, shall give bond payable to said retirement board in such amount as may be prescribed by said Board, and any reasonable expense necessarily incurred in providing such bond shall be paid out of said retirement fund. The secretary of said retirement board shall keep the minutes of all meetings of the Board, recording all of the official acts of said Board, which minutes shall be a part of the permanent public records of the City of Monroe, to be kept in the office of the Clerk of said City of Monroe. ARTICLE IX. SEVERABILITY Section 9.01. 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 X. REPEALER Section 10.1. Repealer . Be it further enacted, that all laws and parts of laws in conflict with this Act are hereby repealed.

Page 3251

APPENDIX A CORPORATE LIMITS Tract 1 All that territory lying and being in the State of Georgia, County of Walton, being all that property located between the westerly edge of the right-of-way of Georgia Highway No. 11 (North Broad Street) and the northerly edge of Georgia Highway No. 10 (West Spring Street), and the outer limits being described as beginning at a point at the westerly edge of the right-of-way of Georgia Highway No. 11 (North Broad Street), said beginning point being located one and three-fourths (1 3/4) miles northerly in an airline from the Walton County Courthouse in the City of Monroe, and from said beginning point running circular in a clockwise direction an equal distance of one and three-fourths (1 3/4) miles in every direction in an air line from said Walton County Courthouse to a point at the northerly edge of the right-of-way of Georgia Highway No. 10 (West Spring Street) which point is located one and three-fourths (1 3/4) miles from said Walton County Courthouse in an air line. Tract 2 All that territory lying and being in the State of Georgia, County of Walton and being further described as follows: Beginning at a point which is located at the northerly edge of the right-of-way of Georgia Highway No. 10 (West Spring Street), said beginning point being also located in the center of the waters of Mountain Creek where said creek intersects with said right-of-way and from said beginning point running thence northwesterly along the northerly edge of the right-of-way of Georgia Highway No. 10 the distance of 2570 feet to an iron pin located at the northerly edge of right-of-way of Georgia Highway No. 10 (West Spring Street) as a County road, said iron pin also being the corner between the lands formerly of R. E. Aycock and H. B. Launius; thence from said iron pin north 59 degrees east 1075 feet to an iron pin at Mountain Creek, thence

Page 3252

south 35 degrees east 885 feet to a point in the center of the waters of Mountain Creek; thence continuing in Mountain Creek south 31 degrees 30 minutes east 1180 feet, back to beginning point; and also including the waters of Mountain Creek and the run thereof. Said property is bounded, now or formerly, as follows: Northern and northeasterly and easterly by the easterly edge of the run of Mountain Creek, southeasterly, southerly and westerly by the right-of-way of U. S. Highway No. 78 (West Spring Street), northwesterly and northerly by the lands of R. E. Aycock and Troop No. 81, Boy Scouts of America. Tract 3 All that territory lying and being in the State of Georgia, County of Walton, being all that property located between the westerly edge of the right-of-way of Georgia Highway No. 11 (North Broad Street) and the northerly edge of the right-of-way of Georgia Highway No. 10 (West Spring Street), and the outer limits described as beginning at a point at the westerly edge of the right-of-way of Georgia Highway No. 11 (North Broad Street), said beginning point being located one and one-half (1 1/2) miles northerly in an air line from the Walton County Courthouse in the City of Monroe, and from said beginning point running circularly in a counter clockwise direction an equal distance of one and one-half (1 1/2) miles in every direction in an air line from said Walton County Courthouse to the center of Mountain Creek and thence running along the center of Mountain Creek southeasterly to the northerly edge of U. S. Highway 78 (West Spring Street). Tract 4 All that territory lying and being in the State of Georgia, County of Walton, and being further described as follows: All that territory (excluding that territory already included in Tract One) in the Town Militia District, on Vine Street containing 21.49 acres, more or less, and 65.72 acres, more or less, being property of Universal-Rundle Corporation and being more particularly described according to plat and survey by Wm. J. Gregg, Sr., Registered Surveyor No. 1438,

Page 3253

revised January 18, 1969, and recorded in Plat Book 15, page 237, Clerk's Office, Walton Superior Court, reference to which record is hereby made for more complete description; said plat also on file in Clerk's Office, City of Monroe. Tract 5 All that territory lying and being in the State of Georgia, County of Walton, and being further described as follows: All that territory (excluding that territory already included in Tract One) in the Town Militia District, on Alvoca Road, containing 64.2 acres, more or less; 27.8 acres, more or less; 53.6 acres, more or less; 1.39 acres, more or less; and 1.57 acres, more or less, and being more particularly described according to plat and survey of Monroe Golf and Country Property, by William J. Gregg, Sr., Surveyor, dated July 7, 1970 and recorded in Plat Book 15, page 236, Clerk's Office, Walton Superior Court, reference to which record is hereby made for more complete description; said plat also on file in Clerk's Office, City of Monroe. Notice of Intention to Introduce Local Legislation. There will be introduced at the 1971 Regular Session of the General Assembly of Georgia an Act which shall by its passage amend and replace the Charter of the City of Monroe, Georgia, as provided by Ga. L. of 1896, p. 212; Ga. L. of 1898, p. 231; Ga. L. of 1899, p. 929; Ga. L. of 1904, p. 542; Ga. L. of 1906, p. 894; Ga. L. 1909, p. 1194; Ga. L. of 1911, p. 1407; Ga. L. of 1916, p. 835; Ga. L. of 1919, p. 1117; Ga. L. of 1921, p. 1024; Ga. L. of 1925, p. 1268; Ga. L. of 1931, p. 903; Ga. L. of 1941, p. 1675; Ga. L. of 1945, p. 812; Ga. L. of 1947, p. 818; Ga. L. of 1949, p. 201; Ga. L. of 1953, Nov. Sess. pp. 2489, 2632; Ga. L. of 1955, p. 2157; Ga. L. of 1956, p. 2418; Ga. L. of 1906, p. 2060; Ga. L. of 1961, pp. 2563, 2783, 2873; Ga. L. of 1962, pp. 2050, 2428; Ga. L. of 1964, p. 2056; Ga. L. of 1966, p. 2457; and Ga. L. of 1967, p. 513, as amended.

Page 3254

This 5th day of January, 1971. /s/ Marvin W. Sorrells Representative, 24th District, Walton County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin W. 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: January 6, 13, and 20, 1971. /s/ Marvin W. Sorrells Representative, 24th District Sworn to and subscribed before me, this 23rd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal) Approved April 8, 1971. ECHOLS COUNTY SUPERIOR COURTTERMS CHANGED. No. 551 (House Bill No. 41). An Act to amend an Act prescribing the time for holding the Superior Court of Echols County, approved August 23, 1927 (Ga. L. 1927, p. 180), so as to change the time for

Page 3255

holding said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act prescribing the time for holding the Superior Court of Echols County, approved August 23, 1927 (Ga. L. 1927, p. 180), is hereby amended by striking from section 1 the following: and is hereby changed from Tuesday after the second Monday in March and September, respectively, to the second Monday in March and September, respectively of each year., and inserting in lieu thereof the following: the first Monday in February and the first Monday in August, respectively, of each year., so that when so amended section 1 shall read as follows: Section 1. 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 time of holding the spring and fall terms of Echols Superior Court shall be the first Monday in February and the first Monday in August, respectively, of each year. 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 1971 session of the General Assembly of Georgia commencing Monday, January 11, 1971, a bill to fix the term of the Superior Court of Echols County, Georgia, as follows: To provide an effective date to repeal conflicting laws and for other purposes. /s/ Jim T. Bennett, Jr. Representative, District 71, Post 3

Page 3256

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim T. Bennett, Jr. who, on oath, deposes and says that he is Representative from the 71st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times which is the official organ of Lowndes County, on the following dates: December 26, 1970, January 2 and January 9, 1971. /s/ Jim T. Bennett, Jr. Representative, 71st District Sworn to and subscribed before me, this 14th day of January, 1971. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My Commission Expires December 26, 1972. (Seal). Georgia, Lowndes County. Personally appeared before me the undersigned attesting officer, Tenney S. Griffin, who, after being duly sworn, on oath deposes and says that he is the publisher of the Valdosta Daily Times, a newspaper having a general circulation and whose principal place of business is in said County, and that there has been deposited with said newspaper the cost of publishing three insertions of the foregoing Notice of Intention to Introduce Local Legislation to fix the term of the Superior Court of Echols County, Georgia, as follows: To provide an effective date to repeal conflicting laws and for other purposes. This 22nd day of December, 1970. /s/ Tenney S. Griffin

Page 3257

Sworn to and subscribed before me, this 22nd day of December, 1970. /s/ Hazel Dillard Notary Public Lowndes County, Georgia. My Commission expires March 14, 1971. This is certify that the attached Notice of Intention to Introduce Local Legislation appeared in the Valdosta Daily Times on December 26, 1970, January 2, and January 9, 1971. This 9th day of January 1971. /s/ Tenney S. Griffin Approved April 10, 1971. UNLAWFUL TO HUNT, ETC., FOXES BY USE OF RECORDED CALLS, ETC. 23,550-23,700; 32,400-32,700 No. 558 (House Bill No. 271). 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 exceptions; to provide a penalty for the violation of this Act; to repeal a specific law; 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 23,550 nor more than 23,700, and in all counties having a population of not less than 32,400 nor more than 32,700, according to the United States Decennial

Page 3258

Cesus of 1970 or any such future census, it shall be unlawful for any person to hunt, catch, take, kill or attempt 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, unless the owner of the real property upon which such devices are used shall consent to the use thereof. 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. Penalty. Section 3 . An Act entitled 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., approved April 28, 1969 (Ga. L. 1969, p. 3707), is hereby repealed in its entirety. 1969 Act repealed. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1971. HARALSON COUNTY WATER AUTHORITY ACT. No. 561 (House Bill No. 533). An Act to create the Haralson County Water Authority and to authorize such Authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and other related facilities to individuals, public and private corporations and municipal corporations; to confer powers and impose duties on the Authority; to provide for the

Page 3259

membership and for appointment of members of the Authority and their term of tenure and compensation; to provide for filling vacancies; to provide for removal of members; to authorize the Authority to contract with others pertaining to the water 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 or certificates of the Authority payable from the revenues, tolls, fees, charges and earnings of the Authority and 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 or certificates and to authorize the execution of trust in dentures to secure the payment thereof and to define the rights of the holders of such obligations; to authorize said Authority to establish a water system or systems in said county so as to vest in the Haralson County Water Authority the same powers, jurisdiction and authority it has by virtue of this Act; to provide that any water facilities that are constructed shall take into consideration the adopted planning policy of Haralson County; to provide that no debt of Haralson County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or certificates of the Authority exempt from taxation; to provide for the Authority to condemn property of every kind; to authorize the issuance of refunding bonds or certificates; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or certificates be validated; to require that contractors shall give bond; to provide for competitive bidding on contracts; to provide that members of the Authority shall not be interested in contracts; to provide for financial statements and audit reports; 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 Haralson County Water Authority Act.

Page 3260

Section 2. Haralson County Water Authority . There is hereby created a body corporate and politic, to be known as the Haralson County Water 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 seven members to be composed as follows: the mayor of Bremen or someone designated by him, the mayor of Tallapoosa or someone designated by him, the mayor of Buchanan or someone designated by him, the mayor of Waco or someone designated by him, the commissioner of Haralson County or someone designated by him, and two persons appointed by the commissioner of Haralson County. The two members appointed by the commissioner of Haralson County shall serve four-year terms. At the time of the appointment of the first two members, the commissioner shall appoint one member for a two-year term and one member for a four-year term, and thereafter the terms for such members appointed by the commissioner shall be four years. Four members shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall elect a chairman and vice-chairman of the Authority from among the members thereof and shall also elect a secretary-treasurer who need not be a member of the authority. The members of the Authority shall determine their compensation for serving in such capacity. The authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 3. Vacancies . In the event of a vacancy in the membership of the Authority by reason of death, cause, resignation or disability of one of the members appointed by the commissioner, said vacancy shall be filled by the commissioner of Haralson County. Section 4. Removal of members . Any members appointed by the commissioner may be removed by said commissioner for cause. No such member of the Authority shall be removed

Page 3261

unless he has been given a copy of the charges against him and an opportunity to be publicly heard in his own defense in person or by counsel with at least ten days written notice. Such a member removed from office shall have the right to judicial review of his removal by an appeal to the superior court of Haralson County but only on the grounds of error of law or abuse of discretion. Any person designated to hold membership on the Authority as provided in section 2 may be removed at any time by the holder of the office from which he was designated. Section 5. Definitions . As used in this Act the following words and terms shall have the following meanings: (a) The word Authority shall mean the Haralson County Water Authority created by section 2 of this Act. (b) The word project shall 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, 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 Haralson 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. (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 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 determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation

Page 3262

of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (d) The terms revenue bonds and bonds as used in this Act, shall mean revenue certificates as defined and provided for in the Revenue Certificate Law of Georgia (Ga. L. 1937, p. 761), as amended, and such type of obligations may be issued by the Authority as authorized under said Revenue Certificate 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 6. 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 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 on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, 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

Page 3263

the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other 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 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 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, water facilities and related services by the Authority to such municipal corporations and counties, or the furnishing of water facilities and services

Page 3264

by municipal corporations, counties, corporations, or individuals to the Authority for a term not exceeding 50 years. (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 and revenue bonds of the Authority or from such proceeds and any grant from the United States of America, State of Georgia or any agency or instrumentality thereof; (g) To accept loans and grants of money or materials or property of any kind from the United States of America, State of Georgia or any agency or instrumentality thereof upon such terms and conditions as the United States of America, State of Georgia or such agency or instrumentality, may impose; (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, which 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 7. Competitive Bidding on Contracts . (a) Except in the purchase of unique articles or articles which for any reason are unobtainable in the open market, and except as hereinafter provided, competitive bids shall be secured before any purchase or sale by contract or otherwise is made by the Authority, or before any contract is awarded for construction, alterations, supplies, equipment, repairs or maintenance, or for rendering any services to the Authority other than professional services, and the purchase shall be made from, or the contract shall be awarded to, the lowest

Page 3265

responsible bidder, or a sale to the highest responsible bidder. Where the amount involved is $1,000.00 or more, no purchase of any unique article or other articles unobtainable in the open market shall be made unless a report detailing why such unique article or other articles are unobtainable in the open market is submitted to the governing authority of Haralson County. (b) All purchases, contracts and sales of $1,000.00 or more shall be awarded after advertising in the official organ of Haralson County at least two weeks prior to the bid opening. Bids shall be publicly opened and read aloud at a date, time and place designated in the invitation to bid. Invitations to bid shall be sent at least one week prior to the bid opening to at least three potential bidders who are qualified technically and financially to submit bids, or, in lieu thereof, the Authority shall keep on file a memorandum showing that less than three potential bidders so qualified exist in the market area within which it is practicable to obtain bids. (c) Written price quotations from at least three qualified and responsible vendors shall be obtained for all purchases and sales under $1,000.00 but more than $500.00 or, in lieu thereof, the Authority shall keep on file a memorandum showing that less than three vendors so qualified exist in the market area within which it is practicable to obtain quotations, except as hereinafter provided. (d) Purchases of sales under $500.00 may be negotiated with or without competitive bidding under sound procurement procedures as promulgated and established by the Authority. (e) Competitive bidding requirements may be waived if it is determined by the Authority that an emergency directly and immediately affecting customer service or public health, safety or welfare requires immediate delivery of supplies, materials, equipment or services; provided, however, that a record explaining the emergency shall be submitted to the governing authority of Haralson County.

Page 3266

(f) The Authority shall have the right to reject any or all bids, or parts of any or all bids, whenever in the opinion of the Authority such rejection is necessary for the protection of the interests of the Authority. In such cases, the Authority shall readvertise for new bids on the same or different terms. Section 8. Contractors to Give Bond . Contractors who are awarded contracts by the Authority shall be required to give bond in an amount equal to the amount of the bid, with good security, for the faithful performance of the contract and to indemnify the Authority for any damages occasioned by a failure to perform the same within the prescribed time. Such bond shall be approved by and filed with the Authority or shall be approved by and filed with such other person as may be designated by the Authority. Section 9. Members of the Authority Not to be Interested in Contracts . The Authority is hereby prohibited from entering into a contract for the purchase of goods, property or service with any member of the Authority, his employer, partner, principal, agent, servant or employee, nor shall the Authority enter into any contract in which any member of the Authority is financially interested, directly or indirectly. Neither shall the Chairman or any member of the Authority, his partner, employer, principal, agent, servant or employee enter into any contract with the Authority, or sell to the Authority any goods, property or service; provided, however, this section shall not apply to goods or services purchased from any public utility which is regulated by the Georgia Public Service Commission. Any contract made in violation of the provisions of this section shall be void, and any person knowingly offending this section shall be removed from office as a member of the Authority upon proper proceedings instituted by any taxpayer in said county in accordance with the provisions of section 23-1714 of the Code of Georgia of 1933 relating to the removal of county officers. Section 10. Revenue Bonds . The Authority, or any authority or body which had or which may in the future succeed to the powers, duties and liabilities vested in the

Page 3267

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 in a sum not to exceed five million dollars ($5,000,000.00) outstanding at any one time 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 herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the interest allowed by the Revenue Bond Law as now provided or may hereafter be provided by amendment thereto, 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 11. 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, 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 12. Same; 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 the official seal of the Authority

Page 3268

shall be fixed thereto and attested by the secretary of the Authority and any coupons attached thereto shall bear the signature or facsimile signature of the Chairman of the Authority. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. Section 13. 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 negotiable instruments law of the State. Such bonds and the income thereof shall be exempt from all taxation within the State. Section 14. 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 so low as to require the payment of interest on the money received therefor at a greater rate than the interest allowed by the Revenue Bond Law as now provided or may hereafter be provided by amendment thereto, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values, excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity. Section 15. 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 such 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 issue and shall be entitled to payment from the same fund without preference or priority of

Page 3269

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 16. 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 17. 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 18. 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 its members. Section 19. Credit Not Pledged . Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Haralson 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 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.

Page 3270

Section 20. 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. 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 depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 21. Same; To Whom Proceeds of Bonds Shall be

Page 3271

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 22. Same; Sinking Fund . The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or 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 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 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. Section 23. Same; Remedies of Bondholders . Any holder

Page 3272

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 the 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 24. 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 25. 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 Haralson 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 26. Same; Validation . Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Certificate Law of 1937, as amended. The petition for validation shall also make party defendant to such action any municipality, county, authority,

Page 3273

subdivision, or instrumentality of the State of Georgia which has contracted with the Authority for furnishing or receiving the 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 Haralson County Water Authority. Section 27. Same; Interests 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 interests and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 28. 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 29. Purpose of the Authority . Without limiting the generality of any provisions of this Act the general

Page 3274

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 the Haralson County water system, and the various municipalities in said county and environs, including adjoining counties and municipalities located therein, 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 and where neither any county nor municipality deems it desirable or feasible to furnish water in such locality. Section 30. 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 utility systems, and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto thereafter made. Section 31. 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 service and facilities shall be furnished. Section 32. Financial Statements and Audit Reports . (a) The Authority shall establish a fiscal year for its operation and as soon after the end of each fiscal year as is feasible, the Authority shall cause to be prepared and printed a report and financial statement of the Authority's operations for the fiscal year just ended and of its assets and liabilities. A copy of such report shall be sent to the

Page 3275

governing authority of Haralson County, and additional copies shall be made available for distribution to the general public on written requests therefor. (b) The Authority shall appoint in due time each year a firm of independent certified public accountants as auditors who shall examine the books, records and accounts of the Authority for the purpose of auditing and reporting upon its financial statement for such year. The report of such auditors shall be appended to such financial statement. (c) Whenever the Authority deems it necessary or advisable, it shall be authorized to employ a firm of qualified independent engineers to survey the condition of the Authority's facilities and operations from an engineering standpoint and make a report thereof together with its recommendations for improvement in its physical facilities and operating procedures. A copy of such report shall be sent to the governing authority of Haralson County and to the governing authority of each municipality located therein, and additional copies shall be made available for distribution to the general public on written requests therefor. Section 33. 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 34. 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 hereof. Section 35. 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

Page 3276

impair any of the remaining provisions. Severability. Section 36. Repeal . This Act does not in any way take from Haralson County or any municipality located therein or any adjoining county the authority to own, operate and maintain water systems or issue revenue certificates as is provided by the Revenue Certificate Law of Georgia. 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 1971 session of the General Assembly of Georgia, a Bill to create the Haralson County Water Authority; to provide for the membership and for the appointment of members of the authority, their terms of office, powers, duties and compensation; to provide for all other matters relative to the foregoing; and for other purposes. This 18th day of January, 1971. /s/ Thomas B. Murphy Representative, 19th District, Post 1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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: January 21, 28, February 4, 1971. /s/ Thomas B. Murphy Representative, 19th District Sworn to and subscribed before me, this 12th day of February, 1971.

Page 3277

/s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. SMALL CLAIMS COURT ACT AMENDED. POPULATION FIGURES CHANGED (13,635-14,765). No. 564 (House Bill No. 543). An Act to amend an Act creating a Small Claims Court in certain counties in this State, approved April 4, 1963 (Ga. L. 1963, p. 2896), so as to change the minimum and maximum population figures in said Act; 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 certain counties in this State, approved April 4, 1963 (Ga. L. 1963, p. 2896), is hereby amended by striking from section 1 the following: not less than 15,230 and not more than 15,825, according to the United States Census of 1960, or any such future census, and inserting in lieu thereof the following: not less than 13,635 and not more than 14,765, according to the United States Decennial Census of 1970, or any future such census. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1971.

Page 3278

CITY OF QUITMANCHARTER AMENDEDCHANGE NUMBER OF COMMISSIONERS ETC.REFERENDUM. No. 565 (House Bill No. 546). An Act to amend an Act creating a new charter for the City of Quitman, approved March 3, 1962 (Ga. L. 1962, p. 2894), as amended by an Act approved March 13, 1970 (Ga. L. 1970, p. 2655), so as to change the number of city commissioners; to change the quorum of the board of commissioners; to change the number of votes required on questions and ordinances before the board of commissioners; to provide for a referendum, to repeal conflicting laws, and for other purposes. Section 1 . Creating a new charter for the City of Quitman, approved March 3, 1962 (Ga. L. 1962, p. 2894), as amended by an Act approved March 13, 1970 (Ga. L. 1970, p. 2655), is hereby amended by striking from section 3 the following: five and inserting in lieu thereof the following: three, so that when so amended section 3 shall read as follows: Section 3. Government vested in board of commissioners. The government of the city shall be vested in a board of commissioners composed of three citizens, who shall be known as the Board of Commissioners for the City of Quitman. [Illegible Text] Section 2 . Said Act is further amended by adding following section 3 a new section to be numbered section 3A, and to read as follows: Section 3A. In the city election to be held in the year 1971, when two terms of office on the commission shall expire on December 31 thereof, there shall be elected only one

Page 3279

member to the commission, which election shall be conducted in accordance with the provisions of this charter in relation to the election of commissioners. In the year 1972, when two terms of office on the commission shall expire on December 31 thereof, there shall be elected only one member to the commission, which election shall be conducted in accordance with the provisions of this charter in relation to the election of commissioners. Thereafter, all elections to fill vacancies on the commission shall be held in accordance with the provisions of this charter in relation thereto. Terms. Section 3 . Said Act is further amended by striking from section 16 the following: four and substituting in lieu thereof the following: two and by striking therefrom the following: three and substituting in lieu thereof the following: two, so that when so amended section 16 shall read as follows: Section 16. Quorum, vote required. Two members of the board of commissioners shall constitute a quorum for transaction of any business before the board, and the majority of the votes cast shall determine questions before the board; provided, that every question so determined or ordinance passed shall receive not less than two votes. Quorum. Section 4 . 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 Governing Authority of Quitman to issue the call for an

Page 3280

election for the purpose of submitting this Act to the voters of said city for approval or rejection. The Governing Authority 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 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 Brooks County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act to decrease the number of commissioners of the board of commissioners of Quitman from five members to three members, to decrease the quorum of the board of commissioners from four members to two members, and to decrease the number of votes required on every question determined by the board of commissioners from three votes to two votes, and for other purposes be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect. The expense of such election shall be borne by the City of Quitman. 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. 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

Page 3281

the regular 1971 Session of the General Assembly of Georgia, a bill to change the number of city commissioners of the City of Quitman; to change the quorum of the board of commissioners; to change the number of votes required on questions and ordinances before the board of commissioners; to provide for a referendum; to repeal conflicting laws; and for other purposes. This 25 day of Jan., 1971. Henry L. Reaves Representative, 71st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry L. Reaves who, on oath, deposes and says that he is Representative from the 71st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Quitman Free Press which is the official organ of Brooks County, on the following dates: January 28, February 4 and 11, 1971. /s/ Henry L. Reaves Representative, 71st District Sworn to and subscribed before me, this 15th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971.

Page 3282

CITY OF STOCKBRIDGECHARTER AMENDED. No. 566 (House Bill No. 550). An Act to amend an Act incorporating the City of Stockbridge in the County of Henry, approved August 6, 1920 (Ga. L. 1920, p. 1531), as amended, by an Act approved March 6, 1945 (Ga. L. 1945, p. 939), an Act approved February 26, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2657), and an Act approved April 4, 1967 (Ga. L. 1967, p. 2593) so as to change the method of selecting the recorder; to provide the procedures connected therewith; 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 Stockbridge in the County of Henry, approved August 6, 1920 (Ga. L. 1920, p. 1531), as amended, by an Act approved March 6, 1945 (Ga. L. 1945, p. 939), an Act approved February 26, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2657), and an Act approved April 4, 1967 (Ga. L. 1967, p. 2593), 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) The municipal government of the City of Stockbridge shall be vested in a mayor and five councilmen to be elected by the registered voters of the City as follows: Beginning with the election to be conducted in 1967, three councilmen shall be elected for terms of office of two years each and until their successors are elected and qualified. Beginning with the election to be conducted in 1968, the mayor and two councilmen shall be elected for terms of office of two years each and until their successors are elected and qualified. Thereafter the terms of office of the mayor and councilmen shall be two years each and until their successors are elected and qualified. The election in said City shall be conducted on the fourth Saturday in November of each year.

Page 3283

(b) A recorder of said City shall be appointed by the mayor and approved by the council for a term of office of one year, at the first regular meeting in January of each year, and he shall serve until his successor is appointed and qualified. 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 1971 Session of the General Assembly of Georgia a bill to amend an act incorporating the City of Stockbridge in the county of Henry approved August 6, 1920 (Ga. L. 1920, p. 1531) as amended so as to change the method of selecting a Recorder; and to provide the procedures connected therewith and for other purposes. This the 18th day of January, 1971. Don L. Knowles Representative, 22nd District of Georgia 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: January 21, 28 and February 4, 1971. /s/ Don L. Knowles Representative, 22nd District Sworn to and subscribed before me, this 15th day of February, 1971.

Page 3284

/s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. CITY OF CAMILLACHARTER AMENDEDCITY MANAGER. No. 567 (House Bill No. 564). An Act to amend an Act creating a new charter for the City of Camilla, approved August 19, 1907 (Ga. L. 1907, p. 505), as amended, so as to provide for a city manager for said City; to provide for the manner of his appointment and removal; to provide for his compensation; to provide for his powers and duties; to provide for all matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the City of Camilla, approved August 19, 1907 (Ga. L. 1907, p. 505), as amended, is hereby amended by inserting, following section 19, a new Section, to be known as section 19A, to read as follows: Section 19A. The Mayor and Aldermen of the City of Camilla shall select and appoint a city manager for the City of Camilla within sixty days from the effective date of this section. Appointment of city manager. (a) The City Manager shall receive such compensation as may be prescribed by the Mayor and Aldermen. The City Manager must devote all of his working time and attention to the affairs of the City and shall be responsible to the Mayor and Aldermen for the efficient administration

Page 3285

of all of the affairs of the City over which he has jurisdiction. Salary. (b) The City Manager shall be the chief executive officer and the head of the administrative branch of the City Government. The City Manager shall be chosen by the Mayor and Alderman solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter outlined. At 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. No person elected to membership on the Board of Aldermen shall, subsequent to such election, be eligible for appointment as City Manager until one year has elapsed following the expiration of the Aldermanic term for which he was elected. Qualifications. (c) The City manager shall be appointed for an indefinite term but may be removed by a majority vote of the Board of Aldermen. At least thirty days before such removal shall become effective, the Mayor and Aldermen shall, by a majority vote, adopt a preliminary resolution stating the reasons for his removal. The Manager may, within ten days, reply in writing and may request a public hearing, which shall be held not earlier than twenty days not 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 Aldermen may terminate his duties, but shall, in any case, cause to be paid to him, forthwith, any unpaid balance of his salary for the next two (2) calendar months following adoption of the preliminary resolution. Term. (d) The Mayor and Aldermen may designate a person or persons to perform the functions and duties of the City Manager during his absence, disability or suspension. Vacancies in the office of City Manager shall be filled by the Mayor and Aldermen as early as practicable, and, until such vacancy is filled, the Mayor and Aldermen shall have full powers to make a temporary appointment or to perform the functions and duties of his office. Absence.

Page 3286

(e) The City Manager shall have the following powers and duties: Powers. (1) It shall be the duty of the City Manager to supervise the administration of the affairs of the City and to see that the ordinances, resolutions, and regulations of the Board of Aldermen and the laws of the State are faithfully executed and enforced. (2) The City Manager shall have the power to appoint and remove all employees of the City, except the City Attorney and members of the boards and commissions, who shall continue to be appointed by the Mayor and Aldermen. In removing employees, the City Manager shall have authority to do so without the consent of the Board of Aldermen and without assigning any reason therefor. Except for the purpose of inquiry, the Board of Aldermen and its members shall deal with such employees solely through the manager, and neither the Board of Aldermen nor any member thereof shall give orders to any subordinate of the City Manager either publicly or privately. (3) To exercise supervision and control of all departments and all divisions created in this charter, or that may hereafter be created by the Mayor and Aldermen, except as otherwise provided in this Act. (4) To attend all meetings of the Mayor and Aldermen with a right to take part in the discussions, but having no vote. The City Manager shall be entitled to notice of all special meetings. (5) To recommend to the Mayor and Aldermen for adoption such measures as he may deem necessary or expedient. (6) To supervise the performance of all contracts made by any person for work done for the City of Camilla, and to be the purchasing agent of materials and supplies for the City under such rules and regulations as may be imposed by the Mayor and Aldermen.

Page 3287

(7) To act as budget officer and submit to the Board of Aldermen at the beginning of each fiscal year, a budget of proposed expenditures for the ensuing year, showing, in as much detail as practicable, the amount allotted to each department of the City Government and the reasons for such estimated expenditures. (8) To keep the Mayor and Aldermen fully advised, at all times, as to the financial condition and needs of the City. (9) To make a full written report to the Mayor and Aldermen each month showing the operations and expenditures of each department of the City Government for the preceding month. (10) To fix all salaries and compensation of City employees lawfully employed by him. (11) To perform such other duties as may be prescribed by this Act, or required by ordinance or resolution of the Board of Aldermen. (12) The City Manager, before entering upon the discharge of his duties, shall execute a bond with solvent sureties doing business in Mitchell County in an amount to be approved by the Board of Aldermen, but not less than $10,000.00, payable to the City of Camilla, 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 2 . This Act shall become effective upon the date it is approved 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

Page 3288

the regular 1971 session of the General Assembly of Georgia, a bill to amend the Charter of the City of Camilla, to create the office of City Manager, to provide for his duties and responsibilities, to provide for all needs relative to the foregoing and for other purposes. Marcus E. Collins Representative, District 62, Georgia General Assembly Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marcus E. Collins who, on oath, deposes and says that he is Representative from the 62nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Camilla Enterprise which is the official organ of Mitchell County, on the following dates: January 15, 22, and 29, 1971. /s/ Marcus Collins Representative, 62nd District Sworn to and subscribed before me, this 15th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971.

Page 3289

CITY OF ROSWELLNEW CHARTER. No. 568 (House Bill No. 570). An Act to reincorporate the City of Roswell in the County of Fulton; 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 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 qualifications of candidates and electors; to provide for the 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 election of the recorder; to provide for the qualifications and compensation of the recorder; 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. Reincorporation . This Act shall constitute the whole charter of the City of Roswell, Georgia, repealing and replacing the charter approved February 9, 1950 (Ga. L. 1950, p. 2178), as amended, particularly by an Act approved March 6, 1962 (Ga. L. 1962, p. 3204), by an Act approved March 10, 1964 (Ga. L. 1964, p. 2799), and an Act approved April 10, 1968 (Ga. L. 1968, p. 3577). The City of Roswell, Georgia, in the County of Fulton, and the inhabitants thereof, shall continue to be a body politic and corporate under the name and style of the City of Roswell,

Page 3290

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 of the governing authority. Section 1.02. Corporate Boundaries . The corporate limits of the City of Roswell are defined to be: BEGINNING at the Southeast corner where Vickery Creek enters the Chattahoochee River and running North along Vickery Creek, making said creek the boundary line, to the South of Oxbo Creek (also known as Hogwaller Creek); thence North along Oxbo Creek to a point six hundred thirty-four (634) feet North of the South line of Land Lot No. 425; thence East two hundred thirty-two (232) feet to a point; thence South 15 degrees 24 minutes West six hundred forty-three and four tenths (643.4) feet to an iron pin at the Southwest corner of Land Lot 452; thence East along the South line of Land Lot 452 seven hundred twenty-five and fifty-two one hundredths (725.52) feet to a point; thence South 1 degree 17 minutes West six hundred thirty-six and eight one hundredths (636.08) feet to a point; thence East six hundred sixty-two and five tenths (662.5) feet to a point on the East line of Land Lot 453; thence North 1 degree 48 minutes West six hundred twenty-four and nine tenths (624.9) feet to an iron pin and the Northeast corner of Land Lot 453; thence South 89 degrees 03 minutes East along the South line of Land Lot 463 five hundred fifteen and nine tenths (515.9) feet to the East side of Grimes Bridge Road; thence North and Northwesterly along the East side of Grimes Bridge Road three hundred fifty-six (356) feet, more or less, to a point; thence East nine hundred seventy-five (975) feet to an iron pin on the East line of Land Lot 463; thence North along the East line of Land Lots 463 and 464, one thousand four hundred thirty-seven (1,437) feet to an iron pin on the South side of Warsaw Road; thence Easterly along the South side of Warsaw Road one thousand one hundred ninety-six (1,196) feet to a point on the South side of Warsaw Road; thence South two hundred three and seven

Page 3291

tenths (203.7) feet to an iron pin; thence West forty (40) feet to a point; thence South at an interior angle of 91 degrees 10 minutes 00 seconds to the aforementioned line two hundred twenty-three and two tenths (223.2) feet to an iron pin on the North side of La View Circle; thence Southeasterly along the North side of La View Circle eighty-six and three tenths (86.3) feet to an iron pin; thence Southwesterly at an interior angle of 272 degrees 29 minutes 00 seconds to the aforementioned line one hundred fifty-five and sixty-five one hundredths (155.65) feet to an iron pin; thence Southeast at an interior angle of 143 degrees 16 minutes 20 seconds to the aforementioned line eighty-nine and six tenths (89.6) feet to an iron pin; thence Southeasterly at an interior angle of 160 degrees 19 minutes 00 seconds to the aforementioned line two hundred forty-six (246) feet to an iron pin; thence Southeasterly at an interior angle of 170 degrees 00 minutes to the aforementioned line one thousand one hundred fifty-two and three tenths (1,152.3) feet to an iron pin; thence Southwesterly at an interior angle of 220 degrees 20 minutes 3 seconds to the aforementioned line four hundred thirty-four (434) feet to an iron pin; thence Southwesterly at an interior angle of 190 degrees 31 minutes 30 seconds to the aforementioned line one hundred twenty and three tenths (120.3) feet to an iron pin; thence Southeasterly at an interior angle of 131 degrees 20 minutes 00 seconds to the aforementioned line one hundred eighty-four and eight tenths (184.8) feet to an iron pin on the Southeast side of La View Circle; thence Southwesterly along the Southeast side of La View Circle and at an interior angle of 269 degrees 55 minutes 10 seconds to the aforementioned line one hundred thirty-five and thirty-two one hundredths (135.32) feet to an iron pin; thence Southeasterly at an interior angle of 89 degrees 59 minutes 30 seconds to the aforementioned line two hundred ninety (290) feet, more or less; to the center of Big Creek; thence Northeast, North and Northwest along the center of said creek and following the meanderings thereof one thousand two hundred sixty (1,260) feet, more or less, to a point; thence Northwest one thousand seven hundred seventy-five (1,775) feet, more or less, to a point on the West line of Land Lot 500; thence North along the West line of Land Lot 500 and the West

Page 3292

line of Land Lot 501 three hundred thirty-seven and six tenths (337.6) feet to an iron pin on the South side of Warsaw Road; thence West along the South side of Warsaw Road one hundred seventy (170) feet to an iron pin; thence North four hundred ninety-five (495) feet to an iron pin; thence in an Easterly direction one hundred seventy-one (171) feet to an iron pin on the East line of Land Lot 489; thence North along the East line of Land Lot 489, four hundred ninety-two (492) feet to an iron pin; thence Westerly one thousand one hundred seven and nine tenths (1,107.9) feet to a point on the West side of Oxbo Road; thence in a Northeasterly direction along the West side of Oxbo Road twenty-four and four tenths (24.4) feet to a point; said point being the North line of Land Lot 489 one hundred seventeen (117) feet East of the Northwest corner of Land Lot 489; thence West along the North lines of Land Lots 489, 464, and 451, two thousand three hundred thirty-three (2,333) feet to the center of Oxbo Creek; thence in a Northeasterly, Northerly and Northwesterly direction along the center of Oxbo Creek to the center line of U. S. Highway No. 19; thence Northeasterly along the center line of U. S. Highway No. 19 to the intersection of the West line of Land Lot 466 with the center line of said highway; thence North along the West line of Land Lots 466 and 467 one thousand three hundred eighty-three (1,383) feet, more or less, to an iron pin; thence West one thousand four hundred ten (1,410) feet, more or less, to an iron pin on the West line of Land Lot 488; thence South along the West line of Land Lot 448 to a point four hundred seventeen (417) feet North of the Southwest corner of Land Lot 448; thence North 64 41[UNK] West six hundred sixty (660) feet to an iron pin; thence North 25 42[UNK] West six hundred forty-one and six tenths (641.6) feet to an iron pin on the North line of Land Lot 429; thence South 89 31[UNK] West and along the North line of Land Lot 429 one hundred forty-six and nine tenths (146.9) feet to an iron pin; thence South 88 35[UNK] West and along the North line of Land Lot 429 two hundred ninety-one and three tenths (291.3) feet to the northwest corner of Land Lot 429; thence North 1 degree 38 minutes West eight hundred and six tenths (800.6) feet to an iron pin; thence South 90 degrees 00 minutes West twelve hundred seventy-three

Page 3293

and three tenths (1,273.3) feet to an iron pin in the center of Crabapple Road; thence South 0 degrees 39 minutes East and along the East line of Land Lot 408 and the center of Crabapple Road eight hundred twenty-eight and seven tenths (828.7) feet to an iron pin at the Northwest corner of Land Lot 409; thence South 0 37[UNK] East along the center of Crabapple Road and along the West line of Land Lot 409 one thousand two hundred seventy and seven tenths (1,270.7) feet to an iron pin on the South line of Land Lot 409; thence North 89 12[UNK] East and along the South line of Land Lot 409 one thousand two hundred sixty three and five tenths (1,263.5) feet to an iron pin at the Southeast corner of Land Lot 409; thence South along the West line of Land Lot 428 nine hundred ninety-nine (999) feet to the old Cobb County line and the present Roswell City Limits; thence westerly and Northwesterly along the old Cobb County line four hundred seventy-five (475) feet to a point on the East side of Minnhinnette Drive; thence North and Northwesterly along the East and North side of Minnhinnette Drive one hundred fifty-five (155) feet to a point; thence Northeasterly four hundred ten (410) feet to the center of Hogwaller Creek; thence Westerly in the center of and along the meanderings of Hogwaller Creek eight hundred six and two tenths (806.2) feet to the center of Crabapple Road; thence South along the center of Crabapple Road four hundred sixty (460) feet to the old Cobb County Line; thence Southwesterly one thousand twenty (1,020) feet along the old Cobb County line to the West side of Woodstock Street; thence Northwesterly along the West side of Woodstock Street six hundred twenty-five (625) feet to the center of North Coleman Road; thence West along the center of North Coleman Road one thousand one hundred four (1,104) feet to the East line of Land Lot 349; thence North along the East line of Land Lot 349 five hundred eighty-seven (587) feet, more or less, to the Northwest corner of Land Lot 349; thence West along the North line of Land Lot 349 one thousand three hundred three and two tenths (1,303.2) feet to the Northwest corner of Land Lot 349; thence South along the West line of Land Lot 349 one thousand three hundred twenty-eight (1,328) feet, more or less, to an iron pin at the Southwest corner of Land Lot 349; thence West along the South line of Land

Page 3294

Lot 325 one thousand three hundred forty-six and five tenths (1,346.5) feet to an iron pin; thence North along the East line of Land Lot 304, one thousand three hundred sixteen (1,316) feet to an iron pin at the Northeast corner of Land Lot 304; thence West along the North line of Land Lot 262 and 304, one thousand four hundred forty-five and seven tenths (1,445.7) feet to an iron pin on the East side of Lake Charles Drive; thence South and Southeasterly along the East side of Lake Charles Drive, one thousand three hundred forty-four (1,344) feet to an iron pin on the South line of Land Lot 304; thence South and Southeasterly along the East side of Lake Charles Drive nine hundred eighty-eight and two tenths (988.2) feet to a point; thence Northeasterly three hundred sixty-one and five tenths (361.5) feet to a point; thence East nine hundred eleven and six tenths (911.6) feet to a point; thence North two hundred ninety-six and sixty-seven one hundredths (296.67) feet to a point on the South side of Crest Court West; thence East along the South side of Crest Court West fifty and two one hundredths (50.02) feet to a point; thence South one hundred thirty (130) feet to a point; thence East seven hundred (700) feet to a point; thence South eight hundred five and one tenth (805.1) feet to a point on the South line of Land Lot 326; thence in an Easterly direction along the South line of Land Lots 326 and 348 one thousand seven hundred twenty-three and forty-five one hundredths (1,723.45) feet to the Southeast corner of Land Lot 348; thence South along the West lines of Land Lots 372, 373, and 374 of the First District and Second Section, Fulton County, Georgia to the Southeast corner of Land Lot 345; thence South along the West line of Land Lot 375 six hundred sixty-two (662) feet to a point; thence West one thousand three hundred thirty-seven and eight tenths (1,337.8) feet to a point on the West line of Land Lot 344; thence North along the West line of Land Lot 344 six hundred sixty-two (662) feet to a point and the Northwest corner of Land Lot 344; thence West along the North line of Land Lot 330 seven hundred ten (710) feet to a point on the Northwest side of Coleman Road; thence Southwesterly along the curvature of the Northwest side of Coleman Road seven hundred twenty-five (725) feet to a point on the West line of Land

Page 3295

Lot 330; thence South along the West line of Land Lot 330 five hundred twenty-one (521) feet to a point and the Northeast corner of Land Lot 298; thence West along the North line of Land Lot 298 and Land Lot 268 two thousand three hundred thirty-nine and one tenth (2,339.1) feet to a point; thence Northwesterly along the center of a ditch five hundred sixty (560) feet, more or less, to a point on the East line of Land Lot 236; thence North along the East line of Land Lot 236 and the East line of Land Lot 237 two thousand two hundred ninety-three and eight tenths (2,293.8) feet to an iron pin and the Northeast corner of Land Lot 237; thence West along the North lines of Land Lots 237,200, and 171 two thousand nine hundred ninety-six and three tenths (2,996.3) feet, more or less, to a point in the center of Willeo Creek; thence Southwest, Southerly, and Southeasterly along the center line of Willeo Creek and following the meanderings thereof, one thousand five hundred (1,500) feet, more or less, to a point on the South line of Land Lot 171; thence East along the South line of Land Lot 171 eight hundred (800) feet, more or less, to an iron pin and the Northwest corner of Land Lot 201; thence South along the West line of Land Lot 201 one thousand three hundred thirty-three and two tenths (1,333.2) feet to an iron pin and the Southwest corner of Land Lot 201; thence West along the South lines of Land Lots 201 and 236 two thousand four hundred seventy-four and six tenths (2,474.6) feet to an iron pin at the Southeast corner of Land Lot 236; thence South along the West line of Land Lot 268 one thousand three hundred forty-three and five tenths (1,343.5) feet to a point on the South line of Land Lot 268; thence East along the South line of Land Lot 268 one hundred one and seven tenths (101.7) feet to a point on the Southeast side of Coleman Road; thence Northeasterly along the Southeast side of Coleman Road one thousand three hundred twenty-one (1,321) feet to a point on the South side of Willeo Road; thence Easterly along the South side of Willeo Road two thousand (2,000) feet to a point; thence South one thousand forty-two (1,042) feet to a point on the Southeast side of Marietta Highway; thence Northeasterly along the Southeast side of Marietta Highway one thousand three hundred seventy-five (1,375) feet to a point at the intersection of the South side of Marietta

Page 3296

Highway with the West side of Willeo Road; thence Southwesterly, Southerly, and Southeasterly along the West side of Willeo Road one thousand six hundred twenty-five (1,625) feet to a point on the South line of Land Lot 332; thence East along the South line of Land Lot 332 sixteen and seven tenths (16.7) feet to a point at the Northwest corner of Land Lot 341; thence South along the West line of Land Lot 341 and Land Lot 340 to the North bank of the Chattahoochee River; thence South along the West line of Land Lot 340 if said West line were extended across the Chattahoochee River to the South bank of Chattahoochee River; thence in an Easterly direction along the Southern bank of the Chattahoochee River eight thousand one hundred twenty (8,120) feet, more or less, to a point on the South bank of the Chattahoochee River at the intersection of a line drawn from the Southeast corner where Vickery Creek enter into the Chattahoochee River to the South Bank of the Chattahoochee River; thence North four hundred eighty (480) feet, more or less, across the Chattahoochee River to the starting point at the Southeast corner where Vickery Creek enters the Chattahoochee River. Section 1.02A . (a) Notwithstanding the foregoing description of the corporate limits of the City of Roswell, the property described in subsection (b) of this section shall be excluded from the corporate limits of the City of Roswell. (b) The property excluded from the corporate limits of the City of Roswell under this section is: All that tract or parcel of land lying and being in the 1st District, 2nd Section, of Fulton County, Georgia, and being more particularly described as follows: Exclusion from corporate limits. Beginning at a point where the west land lot line of Land Lot 341 intersects Azalea Drive; running thence south along the west land lot line of Land Lots 341 and 340, and extension thereof to the south bank of the Chattahoochee River; running east along the south bank of the Chattahoochee River 8,120 feet, plus or minus, to a point on the south bank of the Chattahoochee River at the intersection of a line drawn from the southeastern corner where

Page 3297

Vickery Creek enters into the Chattahoochee River to the south bank of the Chattahoochee River; thence north 480[UNK], plus or minus, across the Chattahoochee River to the point where Vickery Creek enters the Chattahoochee River, running in a northerly direction along Vickery Creek 399[UNK], plus or minus, to its intersection with the northerly side of Riverside Drive; running thence westerly along the northern side of Riverside Drive and extension thereof 170[UNK], plus or minus, to its intersection with the western right-of-way line of Roswell Road; running thence in a generally westerly direction and along the northerly right-of-way line of Azalea Drive 8,867 feet, plus or minus, to the intersection of the northerly right-of-way line of Azalea Drive with the western land lot line of Land Lot 341 and the point of beginning. Section 1.03. Corporate Powers . The corporate powers of the city, to be exercised by the city council, as defined in section 2.01, shall include the following: (a) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation for state and county purposes; and to contract with any city, county, or other governmental and political subdivision for the ministerial acts of billing and collection of city ad valorem taxes, or other fees, assessments, or taxes, as the city council may by resolution authorize. (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 under-

Page 3298

taken. Whenever the city shall desire to create a bonded debt for the purpose of carrying into effect any of the powers and provisions of this charter, it shall have the right and authority to do so when authorized by a majority of the qualified voters of the city voting in an election. (d) 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. (e) To condemn property, inside or outside of 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 natural gas system, and an electrical power system, both inside and outside the corporate limits, subject to the provisions of applicable state and federal laws and regulations. For water, gas, electricity, and for all sewerage and sanitary service rendered, said city may prescribe regulations, standards, conditions of service to be provided, and the charges, rates, fares, and fees to be paid. If any such charges, rates, fares, or fees are not paid, such shall constitute 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 but not limited to those stated above, not to exceed periods of thirty (30) years. 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, insofar as not in conflict with laws of the State of Georgia. (h) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, cemeteries, public buildings, libraries, sewers,

Page 3299

drains, sewerage treatment, airports, hospitals, and charitable, educational, recreational, conservation, sport, and curative, correctional, 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 and to provide power and authority to take all necessary and proper means for keeping the city free from garbage, trash and filth. Charges or fees may be imposed to cover the costs of such services, which if unpaid, shall constitute a debt and shall have a lien against any property of the persons served; said lien to 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 over all nuisance abatement proceedings in the city. The city 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 the same within ten days after written notice from the city to do so and after an opportunity to be heard on same. (m) To establish minimum standards for, and to regulate building construction and repair, electrical wiring and equipment, plumbing, and housing for the health, sanitation,

Page 3300

cleanliness, welfare, and safety of inhabitants of the city and to provide for the enforcement of such standards. (n) To adopt by ordinance a plan or plans for the zoning of the city, in the interest of public health, safety, order, convenience, comfort, aesthetics, prosperity, and general welfare, and 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; or for the purpose of preserving buildings, structures or areas having national, regional, state or local historic significance; or for the purpose of maintaining or improving the aesthetic appearance of any buildings, structures or areas. 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 councilmen of said city shall deem best to accomplish the purposes of the zoning regulations. (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 city council may provide for the commitment of city prisoners to any county work camp, or other governmental agency, or jail, by agreement with the appropriate governmental officers. (p) To regulate, license, tax, 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 violations 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

Page 3301

liability insurance on such vehicles in amounts prescribed by ordinance. (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 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 or state law. (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, commercial, 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 and 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 city council by ordinance to alter, open or close public streets and public alleys and ways.

Page 3302

(w) To contract with any state department, agency, or other political subdivision for joint services or the exchange of services; to contract with such agencies or subdivisions for the joint use of facilities or equipment; and to contract with any such agency or subdivision to perform any service or execute any project in which the municipality has an interest. Section 1.04. Ordinances . 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. ARTICLE II . CITY GOVERNMENT . Section 2.01. Establishment of City Government . The corporate governmental powers of the City of Roswell shall be vested in a mayor and six councilmen to be known as the City Council. The city 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 Roswell. Section 2.02. Qualifications for Mayor and Councilmen . To be eligible for the office of mayor or councilman, elected or appointed, a person must be at least twenty-one years of age, and must meet the requirements of a qualified voter of said city, as prescribed by state law, must have been a bona fide resident of the City of Roswell for at least one year preceding the election in which he offers as a candidate, and shall continue to reside therein during this period of service. No person shall be eligible to be mayor or councilman who shall have been convicted of a crime involving moral turpitude, unless such person has received a full pardon and has all rights of citizenship restored.

Page 3303

Section 2.03. Election of Mayor and Councilmen . Those persons presently elected to office shall continue to serve until their successors are duly elected and qualified as provided by law. On the last Monday in October, 1972, and on said date every four years thereafter, a general election shall be held for mayor and the three councilmen whose terms of office are expiring. The candidate for mayor who receives a majority of the votes cast in said election shall be elected a term of office for four years and until his successor is duly elected and qualified. In the event no candidate receives a majority of the votes cast in said election, a run-off election shall be held between the two candidates receiving the highest number of votes. Such a run-off shall be held on the fourteenth day after the day of holding the election, unless such run-off date is postponed by court order. The three candidates for councilmen in said election who receive the highest number of votes shall be elected for terms of office of four years each and until their successors are duly elected and qualified. On the last Monday in October, 1974, and on said date every four years thereafter, a general election shall be held for the three councilmen whose terms of office are expiring. The three candidates for councilmen in said election who receive the highest number of votes shall be elected for terms of office of four years each and until their successors are duly elected and qualified. Any person possessed with the qualifications as required by law may qualify for any council position or for mayor. Section 2.04. Terms of Office . The terms of office for the city council shall begin on the first Monday in January following said election, and shall continue for four years and until their successors are elected and qualified. Section 2.05. City Council . The governing body of said city shall be composed of a mayor and six councilmen, in

Page 3304

which is vested all corporate, legislative and other powers of the city, except as otherwise provided in this charter. The city council shall hold regular public meetings at a stated time and place as provided by ordinance. The city council shall meet in special sessions on call of either the mayor, or the mayor pro-tem and two councilmen, when 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. As an alternative method of notifying members, or in addition to personal notice, notice of a special meeting may be given by telephoning the other members. If the telephone method is used, the first order of business in the special session shall be to enter upon the minutes of the meeting an oath or affidavit of the mayor, or the mayor pro-tem and two councilmen calling the special session, attested to by the city clerk or by any other member of the council, or any person authorized to administer oaths, containing a statement that each councilman was either notified personally by telephone by the person making the oath or affidavit or was not capable of being so notified by reason of lack of knowledge of his whereabouts, or his absence from the State, and the statement must contain the purpose for which the meeting is called. Any person who is found guilty of falses-wearing as defined by section 26-2402 of the Code of Georgia in the above proceeding shall be punished as provided by law. Any action taken in a special session which was called by a person later found guilty of false-swearing regarding the telephone notice of any member shall be void, unless ratified unanimously at a regular city council meeting held after said person or persons are found guilty. A ratification of action taken in such a special session by the council prior to a conviction for false-swearing shall not be effective. Nothing in this section shall preclude the city council from bringing any matter up for consideration contained in a special session at a regular meeting of the city council. Any liability to the city arising from action taken by the city council pursuant to a special session in which telephone notice is given, and in which the person calling the meeting is found guilty of false-swearing shall be considered waived if the mayor and all councilmen are present when the special meeting is called or convened.

Page 3305

Only the business stated in the written call or in the oath or affidavit required for telephone notice may be transacted at a special meeting, except by unanimous consent of all members of the council. The city council shall exercise its powers in public meetings. The mayor and three councilmen or mayor pro-tem and three councilmen shall constitute a quorum for the transaction of business at a regular meeting, and the mayor and four councilmen, or the mayor pro-tem and four councilmen, shall constitute a quorum for transaction of business at a special meeting. The city 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 city council may provide by ordinance for punishment for contemptuous behavior conducted in the presence of the city council. Section 2.06. Mayor as Presiding Officer . The mayor shall preside at meetings of the city council; shall have a vote only in the case of a tie vote by councilmen; shall have veto power over ordinances, orders, or resolutions in which case the mayor shall have five days after meetings of the council to file with the clerk in writing his dissent, but the councilmen may at the same meeting or any subsequent meeting within sixty (60) days pass any such ordinance, order, or resolution, notwithstanding the veto, by a vote of two-thirds of the total number of councilmen, to be taken by ayes and nays and entered upon the minutes; shall be the chief executive officer 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 city council to do so; and shall perform such other duties imposed by this charter and duly adopted ordinances. Section 2.07. Mayor Pro-tem . The city 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 city council's failure to elect a mayor pro-tem by 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.

Page 3306

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 Councilman . A vacancy shall exist if the mayor or a councilman resigns, dies, moves his residence from the city, or the mayor or a councilman forfeits his office by being absent from three consecutive regular meetings of the governing authority, except if granted a leave of absence (excused) by the city council and such leave of absence (excused) is entered on the minutes, or if he is adjudged legally incompetent, or is convicted of malfeasance in office, or of a felony. In the event a vacancy occurs in the office of a member of the council from any cause other than the expiration of a term of office, the vacancy shall be filled in the following manner: If the vacancy occurs within twenty-four (24) months of the expiration of the term, but not within thirty days prior to the regular city election, the vacancy shall be filled by the remaining members of the council electing a qualified person to serve out the unexpired term of office; provided, however, that at no time shall there be more than one councilman so appointed holding office; and if a vacancy occurs on the city council with one member so appointed on the city council, a special election shall be held within a period of sixty days after the office becomes vacant pursuant to a call of a special election as provided by this charter; if said election is called, the previously filled vacancy and the existing vacancy shall be filled for the remainder of the unexpired terms. Provided, however, if a regular election for the city shall be held within three months after the second vacancy occurs, the vacancy previously filled by appointment and the second vacancy shall be filled for the unexpired terms at such regular election. If the vacancy occurs within thirty days prior to the regular city election, the vacancy shall be filled at such regular election under the same rules and regulations and provisions of law pertaining to the election of councilmen.

Page 3307

If the vacancy occurs at any other time not provided for above, the vacancy shall be filled by a special election called for that purpose by the city council within a period of sixty days after the office becomes vacant. It shall be the duty of the city council to publish notice of the special election in the official organ of the city once a week for the two-week period immediately preceding said special 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 Georgia 1933) as it now exists or may hereafter be amended, so long as the vacancy occurs at least three (3) months prior to regular expiration date of the terms. If the vacancy occurs within three (3) months of the expiration date, the mayor pro-tem shall serve until the expiration date, and shall be authorized, during said period, to exercise all of the powers of the mayor provided by this charter and the laws of this State. Section 2.09. Compensation and Expenses . The city council may determine the salary of the mayor and councilmen by ordinance, provided the salary changes enacted shall not become effective until the first regular meeting after the next general election. Each councilman and the mayor, when authorized by the city 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 . The city council shall appoint a city clerk and a city treasurer who shall serve at the pleasure of the city council. The city clerk shall be responsible for keeping and preserving the city seal and all records of the city council; attending meetings of the city 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;

Page 3308

and performing such other duties as may be required by the city council. The city treasurer shall be responsible for the receipt, custody and disbursements of the city's money or funds as prescribed by the city council; shall provide such accounting therefore as may be required by the city council; and shall perform such other duties as required by the city council. The city council shall require the city treasurer, before entering upon discharge of his duties to give good and sufficient bond in amount to be decided by the city council, but not less than $50,000, said bond payable to the City of Roswell 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 city council and the premium thereon shall be paid by the city. Section 2.11. City Legislation . Any action of the city 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 those present 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 place a copy 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 . No ordinance, except in the case of emergency, which shall be stated in the ordinance, shall be approved until it shall have been read at two city council meetings, provided that the beginning of said meetings be not less than twenty-four hours nor more than sixty days apart. Provided, however, that if the ordinance is being enacted to amend this charter, it shall be read at two consecutive regular meetings not less than seven nor more than sixty days apart.

Page 3309

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 city 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 chief executive officer of the city government, presiding officer of the city council, and responsible for the efficient and orderly administration of the city's affairs. He shall be responsible for the enforcement of laws, rules, regulations, ordinances and franchises in the city. 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 city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized by ordinance. The city attorney or such assistant city attorneys may be responsible for representing and defending the city in all litigation in which the city is a part; may at the discretion of the city council be the prosecuting officer in the recorder's court; shall attend the meetings of the city council as directed; shall advise the council, mayor and other officers and employees of the city, concerning legal aspects of the city's affairs, and shall perform such other duties as provided by the mayor and councilmen. 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:

Page 3310

I solemnly swear (or affirm) that I will support the Constitution of the United States and of the State of Georgia; and that I will in all respects observe the provisions of the charter and ordinances of the City of Roswell, and I will well and truly perform the duties of the office of, and that I will to the utmost of my skill and ability endeavor to promote the interest and property of said city, without fear, favor or affection. So help me God. Section 3.05. Political Activity Prohibited . No officer or employee of the city, other than the mayor, councilmen or recorder shall continue in the employment of the city after becoming a candidate for nomination for election to any city office. Upon the election to mayor, councilman or recorder, no person may return to or hold other offices or employment of the city. Section 3.06. City Planning and Renewal . The city council may create and establish a planning commission pursuant to the provisions of general laws 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, city authority, 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

Page 3311

general funds, each utility, and each other fund the following: (a) the 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 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 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, 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 appropriations 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 appropriations

Page 3312

may be made only from an existing unappropriated surplus. Section 4.05. Lapse of Appropriations . All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year lapse into the general fund as unappropriated surplus or reserves. 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. 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 appropriations provided for in the capital improvements budget shall lapse until the purpose for which the appropriations 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; provided, however, that any amendment as provided for above shall be effective only to change the expenditures for items included in the capital improvements budget. Any such amendments to the capital improvements budget shall become effective only upon adoption by a majority vote of the council. (c) In the case of a public emergency threatening the lives, health, safety or property of inhabitants, the council may authorize an expenditure for the construction of any building, structure, work or improvement not included in the capital improvements budget. Any such expenditure for items not included in the capital improvements budget shall become effective only upon adoption by a five-sixth

Page 3313

vote of the membership of the council. Section 4.07. Annual Audit . The city council shall employ 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 city council and shall prepare a summary of the report which shall be furnished or made available to the city council. Section 4.08. Publication of Financial Statement . As soon as practicable after the close of the fiscal year, but within six months after the close thereof, the city 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 4.09. Property Taxes . All property subject to taxation for state or county purposes, assessed as of January 1, in each year, shall be returned for taxes on or before April 1. If such return is not made by the property owner, the assessing authority, which can be either the board of assessors of the city, consisting of three property owners, the county assessing authority, or such other authority as the city council by ordinance may designate, shall assess such property for taxation from the best information they can obtain as to its value for the year in default, and notify said owner of the valuation, which shall be final, unless the owner shall claim that it is excessive, said claim to be asserted as provided by general law. Any assessment made by the assessing authority, as designated by the city council, unless otherwise provided by this charter shall be subject to arbitration. The arbitration procedures for determining the correctness or validity of any assessment shall be as provided by State law. Taxes shall be due and payable on September 30 of each year. The city council by ordinance may provide for an independent city assessment as provided by Georgia Law or may

Page 3314

elect to sure the county assessment for the year in which city taxes are to be levied. If an independent city assessment is made, a board of equalization, consisting of three property owners of the city appointed by the city council, with compensation fixed by ordinance, shall hear appeals of taxpayers taken within ten days after the city clerk has sent notice, by ordinary mail, of a new or increased assessment. Except as otherwise provided in this section, appeals involving city property assessment may be taken as now or may hereinafter be provided by general law. Section 10. Tax Levy . The city council shall make a tax levy not exceeding three ($3.00) dollars on each one hundred ($100.00) dollars worth of property of assessed valuation. Said city is hereby exempted from the provisions of Georgia Code section 92-4101 to 92-4104 and such limitations shall not be applicable to the City of Roswell. Section 4.11. Tax Due Date and Tax Bills . The due date of property taxes shall be September 30 of each year unless otherwise provided by ordinance. 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 September 30 of each year, which time may be changed by ordinance, and 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 highest legal rate per annum authorized by State law 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. 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, after due notice and hearing to be prescribed by the city council, for the current or any previous year, not in conflict with any limitation prescribed by the laws of Georgia; to prescribe

Page 3315

the time or times at which said returns are due; and to provide the time or times when said taxes shall be due and payable. Section 4.12. 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 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 4.13. Transfer of Executions . The clerk of the City of Roswell 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 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 in 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 County ad valorem tax fi. fa. as the same now exists or as may from time to time be provided by law. Section 4.14. Special Assessments . The city 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

Page 3316

percent (10%) and shall thereafter be subject to interest at the highest legal rate per annum authorized by State law 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 federal, state, 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. The regular election for mayor, councilmen, or recorder as provided herein shall be held on the last Monday in October on every even numbered year. Officials elected at any regular election shall take office on the first Monday in January next following such election. Section 5.02. Qualification of Candidates . Any person desiring to become a candidate in any regular election shall file written notice of his candidacy with the municipal superintendent at least fifteen (15) but not more than forty-five (45) days as provided by ordinance, prior to the date fixed for the holding of such election. In the case of a special election, said notice must be filed at least ten (10) but not more than thirty (30) days, as provided by ordinance, prior to the date fixed for the holding of 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 $100.00. Section 5.03. Qualification of Electors . 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 Roswell for ninety days next preceding the election in which he desires to vote, or for such period as may otherwise be provided by the Georgia

Page 3317

Municipal Election Code, shall be qualified to register as an elector in any city election held under this charter. Section 5.04. Applicability of General Laws . Except as otherwise provided by this charter, the election of all officials of the City of Roswell where provision is made for election by the qualified electors thereof, shall be conducted as to 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. Whenever any time period established by said Election Code is altered so as to change or supersede any time period provided herein, it shall be considered that the time periods provided herein will be correspondingly changed so as to avoid any conflict between this charter and the general law of the State. Section 5.05. Time of Election . The polls shall be opened from 7 o'clock A. M. local time to 7 o'clock P. M. local time. Section 5.06. Place of Elections . The polling place or places for holding elections shall be prescribed by the city council and shall be published in the election notice as required by law; provided, however, any change in a polling place shall be effected as provided by Section 34A-604 of the Georgia Municipal Election Code as it now exists or may hereafter be amended. Section 5.07. Voter Registration . In all elections held in the City of Roswell, whether special or general elections, the electors, in addition to the qualifications already prescribed, shall be registered as may be prescribed by ordinance. Section 5.08. Rules . The city 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 5.09. Call for Elections . Any call for an election

Page 3318

which is required to be made by the laws of this State shall be made by the city council. Section 5.10. Absentee Ballots . The city council may 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 Roswell, 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, 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 Roswell 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 to prescribe the conditions of forfeiture of the same; and to administer oaths and to perform all other acts necessary and proper for 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 city 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 21 years, be a qualified attorney (Member of State Bar of Georgia), shall be qualified to vote in the City

Page 3319

of Roswell and Fulton County, and shall have resided in the City of Roswell at least one year next preceding his election. The person presently elected to office shall continue to serve until his successor is duly elected and qualified as provided by law. In the event no one qualifies for city recorder, the mayor and city council may appoint a recorder to serve until the next election. The person appointed to serve as recorder must possess the same qualifications as that required to qualify to run for the office of recorder. On the last Monday in October, 1972, a general election shall be held for recorder. The candidate for recorder in said election who receives the highest number of votes shall be elected for a term of office of two years and until his successor is duly elected and qualified. On the last Monday in October, 1974, and on the same date every four years thereafter, a general election shall be held for recorder. The candidate for recorder in said election who receives the highest number of votes shall be elected for a term of office of four years and until his successor is duly elected and qualified. The compensation of the recorder shall be fixed by the city council. (b) The recorder pro-tem shall meet the same qualifications as the recorder, but shall be appointed by the city council to serve upon the death, disqualification or resignation of the recorder until the next regular election of the city, or in the case of the absence of the recorder, to serve during such absence. At said election, a recorder shall be elected to serve the remainder of the unexpired term provided in 7.02 (a) of this charter and until his successor is duly elected and qualified. (c) Before entering on duties of his office, the recorder or recorder pro-tem 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 city council.

Page 3320

Section 6.03. Jurisdiction . The recorder shall have power to impose fines, costs and forfeitures for the violations of any law or ordinance of the City of Roswell passed in accordance with this charter; for each offense, in an amount not to exceed two hundred fifty ($250.00) dollars, to imprison offenders for a period of not more than ninety (90) days, or at labor on the roads and streets or other public works of said city for not more than ninety (90) 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 ($100.00) dollars or imprisonment not exceeding twenty (20) days, or any combination of the two. He shall be to all intents and purposes a justice of the peace, so as to enable him to issue warrants for offenses committed within the limits of the City of Roswell 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 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 Roswell. 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, recorders, police courts, and particularly such laws as authorize administering of oaths. Section 6.04. Right of Appeal . The right of appeal to the Superior Court of Fulton 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, provided, however, any person shall have ten (10) days to file such appeal. An appeal to the Superior Court shall be a de novo proceeding. Unless otherwise prescribed by ordinance, all bonds required on appeal

Page 3321

shall be the same as prescribed for appeal bonds for appeals from the Court of Ordinary as established by state law. Section 6.05. Court Costs . In all cases in the recorder's court of the City of Roswell, the costs incurred and allowable herein may be computed under the provisions of the laws of the State of Georgia fixing the 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. The city 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 is hereby authorized to use subpoenas to compel the attendance of witnesses at said recorder's court and to issue such other processes as may be necessary for the proper administration of said court. Section 6.06. Rules of Court . With the approval of the city 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 city 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 . 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

Page 3322

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 . All laws and parts of laws in conflict with this Act are hereby repealed. Public Notice. Notice is hereby given that there will be introduced in the 1971 Session of the General Assembly of Georgia a Bill to create a new charter for the City of Roswell, Georgia, and for other purposes. This 14 day of December, 1970. W. L. Mabry, Jr. Mayor, City of Roswell Georgia, Fulton County. 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 16, 23, 30th days of December, 1970. As provided by law. /s/ Mildred N. Lazenby Subscribed and sworn to before me, this 12 day of January, 1971. /s/ Maiodis F. Palmer Notary Public Georgia, State at Large. My Commission Expires Jan. 19, 1972. (Seal). Approved April 10, 1971.

Page 3323

CITY OF ALBANYCHARTER AMENDED TO AUTHORIZE GARBAGE, ETC., SERVICES EXTENSION. No. 569 (House Bill No. 584). An Act to amend the Act creating and establishing a new charter for the City of Albany, Georgia, approved August 18, 1923 (Ga. L. 1923, Ex. Sess, p. 370), as amended, so as to authorize the City of Albany to extend its garbage, refuse and rubbish collection services in Dougherty County beyond the corporate limits of the City of Albany where authorized by contract with Dougherty County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The Act creating and establishing a new charter for the City of Albany, Georgia, approved August 18, 1923 (Ga. L. 1923, Ex. Sess., p. 370), as amended is hereby amended by adding to Section 34 a new subsection following subsection (18) to be numbered subsection (19) and to read as follows: (19). The City of Albany shall have the power and authority to extend its garbage, refuse and rubbish collection services into Dougherty County beyond the corporate limits of the City of Albany where authorized by contract with Dougherty County. 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 present 1971 term of the General Assembly of Georgia a bill to amend the Charter of the City of Albany so as to authorize the City of Albany to extend its garbage, refuse and rubbish collection services into Dougherty County beyond the corporate limits of the City of Albany where authorized by contract with Dougherty County.

Page 3324

This 20th day of January, 1971. Eugene R. Clark, Jr., Mayor, City of Albany, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy 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 The Albany Herald which is the official organ of Dougherty County, on the following dates: January 21, 28 and February 4, 1971. /s/ Billy Lee Representative, 61st District Sworn to and subscribed before me, this 15 day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. CITY OF TOCCOACHARTER AMENDED. No. 570 (House Bill No. 604). An Act to amend an Act incorporating the City of Toccoa approved December 20, 1897 (Ga. L. 1897, p. 341), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 2735), so as to amend said amendatory Act to provide that the City of Toccoa shall have the right, power and authority to construct, repair, maintain,

Page 3325

install, distribute, sell and furnish water, water facilities, sewage service, and sewer facilities to customers, persons, firms and corporations located without the corporate limits of Toccoa; to provide for the power of eminent domain for such purpose; to provide for all matters relative thereto; 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 Toccoa approved December 20, 1897 (Ga. L. 1897, p. 341), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 2735), is hereby amended by striking section 2 of said amendatory Act approved February 21, 1951 (Ga. L. 1951, p. 2735), in its entirety, and inserting in lieu thereof a new section 2 to read as follows: Section 2. The City of Toccoa shall have the right, power and authority to construct, repair, maintain, install, distribute, sell and furnish water, water facilities, sewage service, and sewer facilities to customers, persons, firms and corporations located without the corporate limits of Toccoa. The City of Toccoa is hereby expressly authorized to exercise the power of eminent domain for the purpose of acquiring all rights, easements, and property necessary to furnish such facilities and services. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Public Notice. Notice is hereby given that there will be introduced in the 1971 Session of the General Assembly of Georgia a Bill to amend Ga. L. 1951 p. 2785 and to provide that the City of Toccoa shall have the right, power and authority to construct, repair, maintain, install, distribute, sell and furnish water and water facilities, and sewer facilities to customers, persons, and corporations located without the corporate limits of the City of Toccoa and pursuant thereto to have the power of eminent domain and for other purposes.

Page 3326

This 25th day of January, 1971. Don C. Moore, Representative, Sixth District. 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 The Piedmont Herald which is the official organ of Stephens County, on the following dates: January 28, February 4, 11, 1971. /s/ Don C. Moore Representative, 6th District. Sworn to and subscribed before me, this 15 day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. CITY OF CANTONCHARTER AMENDED. No. 571 (House Bill No. 655). An Act to amend an Act reincorporating the town (now city) of Canton, in the county of Cherokee, and creating a new charter and municipal government therefor, approved July 26, 1922 (Ga. L. 1922, p. 604), as amended, so as to provide that the recorder's court shall have the

Page 3327

authority to set fines up to $300 while sitting to try cases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act reincorporating the town (now city) of Canton, in the county of Cherokee, and creating a new charter and municipal government therefore, approved July 26, 1922 (Ga. L. 1922, p. 604), as amended, is hereby amended by creating a new Section to be designated as section 26A which shall read as follows: Section 26A. Authority of recorder's court to set fines up to $300. Notwithstanding anything in this charter to the contrary, the recorder, while sitting to try cases, may place fines up to $300 per offense. 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 1971 Session of the General Assembly of Georgia, a bill to amend an Act reincorporating the City of Canton and creating a new Charter therefor, approved July 26, 1922 (Ga. L. 1922, p. 604), as amended, so as to change the provisions relative to fines that may be set by the recorder; and for other purposes. This 26th day of January, 1971. 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 from the 10th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

Page 3328

the North Georgia Tribune which is the official organ of Cherokee County, on the following dates: January 28, February 4 and 11, 1971. /s/ Thomas A. Roach Representative, 10th District. Sworn to and subscribed before me, this 16 day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. CITY OF WAYNESBORO NEW CHARTERREFERENDUM. No. 572 (House Bill No. 662). An Act to provide a new charter for the City of Waynesboro; to repeal an Act making Waynesboro, in Burke County, a city, approved September 25, 1883 (Ga. L. 1882-83, p. 450), as amended, particularly by an Act approved December 15, 1893 (Ga. L. 1893, p. 348), to define the limits of the City of Waynesboro; to provide definitions; to provide corporate powers; to provide for ordinances; to provide for electors and elections; to provide for a mayor, vice mayor, city council and city clerk; to provide for the powers and duties of the offices of city government; to provide for licensing powers; to provide for compensation of city officers and employees; to provide for rules and regulations; to provide for the organization of the city government into departments; to provide for the organization, power, duties, and personnel of the departments of city government; to provide for a Planning Commission, its powers, duties, and

Page 3329

members; to provide for a city attorney; to provide for a recorder's court and its powers, duties and jurisdiction; to provide for a recorder; to provide for bonds; to provide for a budget; to provide for purchases and sales of city property; to provide for the power to tax; to provide for the assessment, levy and collection of taxes; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I . Charter, Definitions, City Limits and Corporate Powers . Section 1.01. Charter . This Act shall constitute the whole charter of the City of Waynesboro, Georgia, repealing and replacing the charter provided by an Act making Waynesboro, in Burke County, a city, approved September 25, 1883 (Ga. L. 1882-83, p. 450), as amended, particularly by an Act approved December 15, 1893 (Ga. L. 1893, p. 348). The City of Waynesboro, 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 Waynesboro, 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 all such actions whatsoever, and may have and use a common seal and change it at pleasure. Section 1.02. Definitions . As used in this Act, the following words and terms shall have the following meaning: a. City shall mean the City of Waynesboro, Georgia. b. Councilman shall mean a person elected to the city council as provided in this Act. c. Member of the Council shall mean the mayor and each councilman. d. Non-partisan shall mean without any designation

Page 3330

of candidates and members or candidates of any state, national party or organization. e. At large shall mean the entire city as distinguished from representation by wards or other districts. f. 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-way of such public ways. g. 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, by a trade association or other organization generally recognized as an authority in its field of activity. h. Agency shall mean any office, court, utility, board, commission, institution, or other organization in charge of administering any public function or municipal affair of the city. i. Officer shall mean and include the mayor, councilmen, member of boards and commissions, and any other person classified as public officers by the laws or judicial decisions of this State. An officer as hereinafter defined shall fill an office and an employee shall fill a position of employment. j. Elector shall mean a person residing within the city who is qualified to vote therein. k. The masculine shall include the feminine, and the singular shall include the plural and vice-versa. l. The word shall is mandatory; may is permissive. Section 1.03. City Limits . The corporate limits shall extend and embrace that area within a radius of 6,803 feet

Page 3331

from the southeast corner of the intersection of 6th Street and Myrick Street in Waynesboro, Burke County, Georgia. Section 1.04. Corporate Powers . The corporate powers of the city, to be exercised by the mayor and council, shall include the following: a. To levy and provide for the assessment and collection of taxes on all property subject to taxation. b. To levy and provide for the collection of the 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 on automobiles and trucks owned by residents of the city, and also on automobiles and trucks owned by non-residents and operated in the city with any regularity. Such registration fees on trucks or automobiles may be graduated according to their tonnage capacity, 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 the applicable provisions of Title 36 of the Code of Georgia, 1933, and its amendments, or under other applicable public Acts. g. To acquire, operate and dispose of public utilities, subject to the provision of the applicable general laws. h. To grant franchises, or make contracts for public utilities and public services. The mayor and council may prescribe

Page 3332

the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor; provided, however, nothing in this subsection shall be construed to apply to public utility companies regulated by the Public Service Commission. i. To regulate the rates and services of public utilities insofar as not in conflict with such regulations by the Public Service 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, for such purposes, property may be taken under the applicable provisions of Title 36 of the Code of Georgia, 1933, or other applicable public Acts. 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 cost 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 property taxes. m. To define, regulate and prohibit any acts, practice, conduct, or the use of property, detrimental, or likely to be detrimental, to the health, morals, safety, security, peace, convenience or general welfare of the inhabitants of the city. n. To establish minimum standards for and to regulate building construction and repair, electrical wiring, and equipment,

Page 3333

gas, installation, and equipment, plumbing, and housing for the health, sanitation, cleanliness and safety of the inhabitants of the city, and to provide for the enforcement of such standards. o. To regulate and license weights and measures. p. To provide that persons given jail sentences in the recorder's court shall work out such sentences in 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. q. To regulate and license or prohibit the keeping or running at large of animals and fowls and to provide for the impoundment of the same in violation of any ordinance or lawful order and for their disposal, by sale, gift, or humane killing, when not redeemed as provided by ordinance. r. 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 liability insurance on such vehicles in amounts described by ordinance, and to regulate and rent parking spaces and public ways for the use of such vehicles. s. To levy and provide for the collection of special improvements. t. To provide that violation of any ordinance, rule or regulation or order shall be punishable as a misdemeanor. u. To exercise and enjoy all 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

Page 3334

Act shall be held to be exclusive of others nor restrictive of general words and phrases granting powers, but shall be held to be an addition to such powers unless expressly prohibited to cities under the Constitution or applicable public Acts of the State. Section 1.05. Ordinances . All ordinances, by-laws, rules and regulations now in force in said city, not inconsistent with this Act, are hereby declared invalid and of force until amended or repealed by the said mayor and council of the said city. ARTICLE II . Section 2.01. Registration of Electors . The registration of electors of the City of Waynesboro shall be according to the Municipal Election Code of the State of Georgia, Title 34A of the Code of Georgia. Section 2.02. Election of Mayor and Councilmen . There is hereby created the office of Mayor of the City of Waynesboro. There are hereby created six council posts of the City of Waynesboro, which shall be known as Council Posts 1, 2, 3, 4, 5 and 6. Each and every council post shall be for the city at large. Council wards 1, 2, 3, 4, 5 and 6 are hereby abolished: Provided, however, that the councilmen elected from such wards and in office on the effective date of this Act shall hold office until the expiration of the terms of office for which they were elected, and until their successors are elected and qualified. The mayor and council members shall be elected by the qualified electors of the City of Waynesboro. Any qualified elector, 21 years of age or over, may be qualified as a candidate for mayor or councilman by submitting to the city clerk a notice of his candidacy at least fifteen (15) days prior to the said election, and by payment of a qualifying fee of $25.00 in the case of candidacy for mayor and $15.00 in the case of candidacy for council together with a notice by any such candidate for council, giving the number of the post for which he is qualifying as a candidate. Said qualifying fee shall be paid to the city clerk at the time the

Page 3335

notice of candidacy is filed and said city clerk shall issue a receipt therefor. Said qualifying fee shall be paid into the general funds of the city by the clerk. On the second Tuesday in December, 1971, a non-partisan election shall be conducted by the city election managers at the same hours and places for general elections to elect a mayor and to elect councilmen for posts 1, 2 and 3. The mayor elected at that time shall take office at the expiration of the term of office of the mayor then in office. The three candidates for councilmen elected at that time to posts 1, 2 and 3 shall take office in January, 1972, and shall fill the vacancies caused by the expiration of the terms of office of the councilmen elected from wards 1, 2 and 3, respectively. On the second Tuesday in December, 1972, there shall be held, in the same manner as the election held on the second Tuesday in December, 1971, an election to elect councilmen to fill posts 4, 5 and 6 and the candidates elected at that time to posts 4, 5 and 6 shall take office in January, 1973, and shall fill the vacancies caused by the expiration of the terms of office of the councilmen elected from wards 4, 5 and 6, respectively. Thereafter, the successors to post 1, 2 and 3 shall be elected on the second Tuesday in December of odd numbered years to take office on January 1st of the following year at the expiration of the then current terms of office of posts 1, 2 and 3. The successors to posts 4, 5 and 6 shall be elected on the second Tuesday in December of even numbered years to take office on January 1st of the following year at the expiration of the then current terms of office of posts 4, 5 and 6. The mayor and all council members shall be elected for terms of two years each. No informalities shall invalidate any such election so long as it has been conducted fairly and in substantial conformity with the requirements of this Act and the general laws of the State of Georgia. The terms of office of mayor and councilmen shall begin at 12:01 o'clock a.m. on the first day of January following their election, and they shall serve until their successors have been elected and qualified. Those candidates seeking election for the office of mayor

Page 3336

and council, receiving a majority of the votes cast, shall be deemed elected. Section 2.03. City Council . A mayor and six councilmen shall constitute the city council, in which is vested all the 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 qualification of its members. The council shall hold regular meetings at a stated time and place, as provided by ordinance. The council shall meet in special sessions on written call of the mayor, or any two councilmen, served on the other members personally, or left at their residences, at least 12 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 by 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 by-laws to govern the conduct of its business, including procedures and penalties for compelling the attendance of the absent members. The council may examine witnesses, order the production of books and papers, and discipline persons for disorderly or contemptuous behavior in the presence of the council. The mayor and council shall have the power at their discretion to appoint a city administrator who shall serve at the city council's pleasure. Said city administrator shall be the principal managerial aide to the mayor and shall perform such duties as may be assigned to him by the mayor and council. Section 2.04. Compensation Expenses . The council may determine by ordinance the annual salary of the mayor and councilmen. The mayor and councilmen may receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.05. Powers and Duties of Mayor . The mayor shall preside at meetings of the council, shall have a vote

Page 3337

only in the case of a tie, shall be the ceremonial head of the city, shall sign ordinances and resolutions for 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 the Act. Section 2.06. Mayor's Power to Veto Legislation . Within 96 hours after the adjournment of any council meeting, the city clerk shall present to the mayor the record of proceedings of the meeting and all ordinances and resolutions adopted at the meeting. The mayor, within seven days of receipt of an ordinance or resolution, shall return it to the city clerk with or without his approval, or with his veto. If an ordinance or resolution is vetoed, the mayor shall attach a written statement explaining the reason for his veto. Ordinances or resolutions vetoed by the mayor shall be considered at the next regular meeting of the council, and the council may pass the ordinance over the veto by the affirmative vote of four of its members. The effective date of an ordinance passed over the mayor's veto shall not be less than 15 days after the date of final passage. The mayor's veto shall extend to disapproving or reducing the individual appropriation items in the budget or any ordinance or resolution, except appropriations for auditing or investigating any part of the executive branch. The mayor shall not have the power to veto any emergency ordinance. Section 2.07. Vice Mayor . The council at the first regular meeting, after the newly elected councilmen have taken office following each election, shall elect from its membership a vice mayor for a term of two years. In the event that no vice mayor is elected at such first regular meeting, or within five ballots taken within ten days following the first meeting, the councilman 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 his inability to act, and shall act as mayor until the next regular election for the

Page 3338

office of mayor, in which case a new vice mayor shall be elected by a majority of votes of the council. Section 2.08. Vacancy in Office of Mayor or Council . 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 a felony in office, a felony, in violation of this Act or a violation of the election laws of the State. The council shall appoint a qualified person to fill such vacancy until the next election. In the case of a vacancy in the office of mayor, a special election shall be called and handled in the manner of general elections as hereinbefore provided within 45 days after the vacancy occurs. Section 2.09. Restriction on Councilmen . 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 direct or request the appointment of any person to, or his removal from, any office or position of employment, or to interfere in any way with the performance of the duties by the mayor or other officers or employees. The council shall communicate with the various agencies, officers and employees of the city, except boards of 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 affairs as it may deem necessary. Section 2.10. City Clerk . The city administrator shall also act as the city clerk and shall be responsible for keeping and preserving the city seal and all the 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, on each motion considered; preparing and certifying by ordinance; and performing such other duties as may be required by the mayor and council.

Page 3339

Section 2.11. City Legislation . Any action of the council having a regulatory or penal effect, relating to revenue or the expenditure of money, or required to be authorized by ordinance under this Act, shall be implemented only by ordinance. All ordinances 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 month apart, and shall take effect ten days after its adoption, except that, where an emergency exists and the public safety and welfare require expediency, 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 emergency ordinance. Amendments of ordinances and resolutions or parts thereof shall be accomplished only by setting forth the complete section, sections, and subsections 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 or ordinances, to any person for a reasonable fee. After adoption of a code or ordinance, as provided in this section, 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. An abstract of the essential provisions of each ordinance shall be posted in a public place within ten days after its adoption, except that only the title shall be so posted of a code adopted by reference as provided in this section. Section 2.12. Rules and Regulations . The council may by ordinance authorize officers and agencies of the city to promulgate formal rules and regulations within their respective

Page 3340

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. 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 . The City Government shall be organized into the following departments: Fire Department Police Department Gas Department Water Department Administrative Department Street and Public Works Department Filter Plant Unless and until otherwise provided by ordinance, the mayor shall, on the first Monday in January of each year, appoint a committee composed of the councilmen duly qualified and elected to oversee the functions of the various departments. Section 3.02. Planning . There shall be a Planning Commission appointed by the Mayor and Council of the City of Waynesboro comprised of seven (7) members from the city at large. The Planning Commission so appointed shall serve as a recommending body to the mayor and council and shall carry out those duties as provided by ordinance. Section 3.03. 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

Page 3341

legal actions as the mayor may direct for such purposes. He shall have the 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 this 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 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 3.04. City Administrator . The city administrator shall be appointed by the mayor and council, who shall be the chief managerial aide to the mayor. He shall have the authority to appoint, promote, demote, transfer, suspend and remove all employees and to direct and control their work except as otherwise provided in this Act. With the approval of the mayor and council, he shall be responsible for preparing for the mayor and council annual budgets, reports and such other information as the mayor and council may deem necessary and require. He shall be the purchasing agent for the city. Section 3.05. City Attorney . The mayor 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, shall be the prosecuting officer in the recorder's court, and shall advise the council, mayor and other officers and employees of the city concerning legal aspects of the city's affairs. Section 3.06. Recorder's Court . There shall be a recorder's court presided over by the recorder, which shall have jurisdiction over violations of this Act and the ordinances of the city. The recorder's court shall also have concurrent jurisdiction with that of a justice of the peace over offenses

Page 3342

committed within the city. The recorder, in his capacity as judge of said court, shall have authority to impose fines, costs, forfeitures and imprisonments in a jail or workhouse, as provided in this Act or by ordinance, and except as provided in this Act, his authority and powers and the procedure in the recorder's court shall be the same as provided by State law. Appeals from the recorder's court shall be to the Superior Court of Burke County in the same manner as appeals from the courts of ordinary. Warrants, subpoenas and other processes of the recorder's 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 superior court. The city clerk shall act as clerk of the recorder's court. Said recorder shall not have the authority to inflict a greater punishment for contempt than to impose a fine of twenty-five dollars ($25.00) or imprisonment not exceeding ten days or any combination of the two. No person shall be qualified to serve as recorder unless he shall have attained the age of 25 years, and shall be a qualified voter of Burke County. The recorder shall be appointed by 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 councilmen to serve as recorder, or anyone else possessing the qualifications set forth in this section. Section 3.07. Other Officers and Employees . After receiving the written recommendations of the mayor, the council may establish by ordinance 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 by this Act, but in any event, the mayor and council 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 the mayor and council for the proper and efficient conduct of the city's affairs. Public utilities

Page 3343

owned or operated by the city may be under the supervision of the mayor and council and employees appointed by them, 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 applying uniformly to all employees having similar responsibilities and doing like work. Section 3.08. Appointment, Suspension and Removal of Employees . All employees of the city, except as otherwise provided in this Act, shall be appointed, promoted, demoted, transferred, suspended or removed by the mayor and council: Provided, however, that the city administrator has the power to appoint, promote, demote, transfer, suspend or remove any employee with the approval of the mayor and council. During a suspension an employee's salary may be reduced or eliminated, as determined by the mayor and council. Before suspending for more than thirty days or removing an employee, the mayor and council 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 such employee's intention to do so. The decisions of the city council in cases of such appeals by employees shall be final. Section 3.09. Oath of Office . 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 Waynesboro, and that I will faithfully discharge the duties of the office of. Section 3.10. Official Bond . The mayor and every officer, agent, and employee of the city having duties embracing the receipt, disbursement, custody or handling of money,

Page 3344

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 hereto 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 administrator, except that the city administrator's bond shall be in the custody of the mayor. Section 3.11. 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 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 assesment, 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 provisions of this section shall be guilty of a misdemeanor and shall upon conviction thereof be punished by a fine and imprisonment for not more than one year, or a fine of not more than $50.00 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

Page 3345

at the time of conviction, shall immediately forfeit and vacate the office or position he holds. ARTICLE IV . Fiscal Administration . Section 4.01. Fiscal Year . The fiscal year of the city government shall begin on the first day of January and shall end on the thirty-first day of December of the same year, 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 . On or before the first Monday in March of each 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 preceding year and estimated 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, at cost of reproduction, and a copy of the budget in full shall be filed with the council and furnished to each councilman.

Page 3346

Section 4.03. Public Hearing . 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 posted at a public place designated by the council at least ten days in advance of the date of the hearing. The public hearing shall be held before the council 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 . 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 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 council, on five days' notice posted at a public place designated by the city council, 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 the fiscal year may remain to the credit of that fund and be subject to further appropriation. At the end of each month, the mayor shall submit a detailed budget report to the council, showing estimated and actual receipts and budget expenditures or encumbrances for that month and the fiscal year

Page 3347

to the end of that month, as well as the amount encumbered or expended in excess of any of the itemized estimates of expenditures supporting the appropriations. Section 4.05. Centralized Purchasing . 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. An expenditure or contract for more than $700.00 shall be made only after publication, advertisement and competition by sealed bids, as prescribed by ordinance. 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 be required for the purchase of equipment, materials or supplies from any other governmental agency. Section 4.06. Sale of City Property . The mayor may sell, without taking bids, any city property which is obsolete, surplus or unusable, if the acquisition cost of such property did not exceed $500.00, but sealed bids shall be taken, or a public auction shall be held, for any sale of property having an acquisition cost of more than $500.00; provided that any sale of real estate shall be subject to approval by the council. Section 4.07. Annual Audit . The council shall employ a certified public accountant or a registered public accountant 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 posted in a public place designated by the city council. Section 4.08. Property Taxes . All property subject to taxation for State or county purposes, including the capital stock of merchants and public service companies, assessed as of January 1st in each year, shall be subject to the property tax levied by the city. The mayor and council by ordinance may elect to use the county assessment or may provide for an independent city assessment as provided

Page 3348

by Georgia law. If an independent city assessment is made, a board of tax assessors, consisting of three persons appointed by the council, with compensation fixed by ordinance, shall assess property subject to taxation by the city. The mayor and council shall act as a board of equalization and shall hear appeals of taxpayers taken within ten days after the Board of tax assessors has sent a notice by ordinary mail of a new or increased assessment; provided that such notice shall not be required or appeals to 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 provided by general laws. The mayor and council acting as the board of equalization may increase or decrease the assessments 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 published once in the official city newspaper; such a blanket increase or decrease shall not be subject to appeal. The authority and duties of all city assessing personnel shall be the same as those provided by general law for county assessing personnel. The board of city tax assessors shall meet with and assist the mayor and council acting as the board of equalization. Section 4.09. Tax Levy . 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, or within sixty 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 4.10. Tax Due Dates and Tax Bills . The due dates of property taxes shall be fixed by ordinance and provisions may be made for equal semi-annual installments. The city shall send tax bills to taxpayers, showing the assessed valuations, and 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 after the due date,

Page 3349

at which time a penalty of ten per cent (10%) shall be added and thereafter such taxes shall be subject to $1.50 collection fee. 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 4.11. Collection of Delinquent Taxes . 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 a 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 or county taxes, or by any two or more of the foregoing methods, and by the use of any available legal process and remedies. A lien shall exist against all property on which city property taxes are levied as of the assessment date 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 4.12. Special Assessment . 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 ten per cent (10%) and shall thereafter be subject to $1.50 collection fee. 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 4.13. Disbursements by Checks . All disbursements shall be made by checks signed by the city administrator

Page 3350

or such other persons as the mayor and council shall designate in their discretion. Section 4.14. Official Depository . 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 V . Miscellaneous . Section 5.01. Severability . 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. ARTICLE VI . Section 6.01. Specific Repealer . An Act making Waynesboro, in Burke County, a city, approved September 25, 1883 (Ga. L. 1882-83, p. 450), as amended, particularly by an Act approved December 15, 1893 (Ga. L. 1893, p. 348), is hereby repealed in its entirety. ARTICLE VII . Referendum . Section 7.01. Referendum . Not less than 10 nor more than 30 days after 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 Waynesboro to issue the call for an election for the purpose of submitting this Act to the voters of said city for approval or rejection. The mayor and council shall set the date of such election

Page 3351

for a day not more than 45 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 weeks immediately preceding the date thereof in the official organ of Burke County. The ballot shall have written or printed thereon the following words: YES () NO () Shall the Act providing a new charter for the City of Waynesboro be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Waynesboro. It shall be the duty of the mayor and council to hold and conduct such election. They shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the mayor and council 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. Section 7.02. 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 General Assembly of Georgia, a bill to create a new charter for the City of Waynesboro, Georgia, to repeal an act approved December 15, 1893 (Ga. L. 1893, p. 348) in the town of Waynesboro and all mandatory Acts thereto; to repeal conflicting laws and for other purposes. This the 4th day of January, 1971. Preston B. Lewis Representative, 37th District

Page 3352

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 6, 13, 20, 1971. /s/ Preston B. Lewis Representative, 37th District Sworn to and subscribed before me, this 17th day of February, 1971. /s/ Rebecca Faulkner, Notary Public, Georgia, State at Large. My Commission Expires Dec. 13, 1974. (Seal). Approved April 10, 1971. CITY OF VALDOSTACHARTER AMENDED. CORPORATE LIMITS CHANGED. No. 573 (House Bill No. 684). An Act to amend an Act incorporating the City of Valdosta approved November 21, 1901 (Ga. L. 1901, p. 670), as amended, so as to change the corporate limits of the City of Valdosta; 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 Valdosta approved November 21, 1901 (Ga. L. 1901, p. 670), as

Page 3353

amended, 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 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: Corporate limits. 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 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 long 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 88 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 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,

Page 3354

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 160.0 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 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;

Page 3355

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, running north 1 degree 34 minutes west along the east margin of North Forrest Street a distance of 981.97 feet to a point; thence, running north 1 degree 14 minutes west along the east margin of North Forrest Street a distance of 1154.0 feet to a point where the east right-of-way of North Forrest Street intersects the centerline of a graded dirt road; thence, running north 1 degree 23 minutes 30 seconds west a distance of 17.5 feet to a point, said point being the southwest property corner of property of The Valdosta Board of Education; thence, running north 87 degrees 49 minutes 30 seconds east along the north margin of said graded dirt road a distance of 934.17 feet to a point; thence, running north 34 degrees 37 minutes 06 seconds east a distance of 2094.71 feet to a point; thence, running south 88 degrees 03 minutes 30 seconds west a distance of 2172.60 feet to a point on the east right-of-way of North Forrest

Page 3356

Street; thence, running south 88 degrees 16 minutes west a distance of 80.0 feet to a point on the west right-of-way of North Forrest Street; thence, running south 1 degree 44 minutes east along the west margin of North Forrest Street a distance of 1155.01 feet to a point where the west margin of North Forrest Street intersects the centerline of Highland Heights Drive; thence, running south 1 degree 23 minutes 30 seconds east along the west margin of North Forrest Street a distance of 548.44 feet to a point; thence, running south 1 degree 14 minutes east along the west right-of-way of Forrest Street a distance of 1154.10 feet to a point; thence, running south 1 degree 34 minutes east along the west margin of North Forrest Street a distance of 998.03 feet to a point where the west right-of-way of North Forrest Street intersects the north margin of 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 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 degrees 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

Page 3357

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, 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

Page 3358

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 a point; thence, south 69 degrees 30 minutes west to a point; thence, north 29 degrees 1 minute west a distance of 183.15 feet to a point, said point being on the south margin of Northside Drive; thence, running south 68 degrees 37 minutes west a distance of 200 feet to the intersection of the south margin of Northside Drive and the east margin of North Ashley Street; thence, running northwesterly along the east margin of the right-of-way of North Ashley Street (U. S. Highway 41) a distance of 1358.4 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 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,

Page 3359

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 on the west margin of Cherry Creek Road (Oak Street Extension); thence, southerly along the west margin of North Oak Street Extension a distance of 4443.11 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 to a point on the east side of the intersection of North Oak Street and Smithbriar Drive (a county road) and proceeding south along the east margin of North Oak Street a distance of 1371.83 feet, plus or minus, to a point; thence, easterly a distance of 426.69 feet, plus or minus, to a point on the west margin of North Patterson Street; thence, northerly along the west margin of North Patterson Street 1309.29, plus or minus, to a point at the intersection of North Patterson Street and Smithbriar

Page 3360

Drive; 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, easterly 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 a line 50 feet parallel to the west margin of Ashley Street a distance of 210 feet plus or minus to a point; thence, south 88 degrees 30 minutes west to the center of the intersection of North Oak Street and Eager Road; thence, running westerly along the centerline 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 centerline 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 centerline of Eager Road; thence, westerly along the centerline of Eager Road to a point, said point being 509.4 feet from intersection of the west margin of Country Club Drive and the north margin of Jerry Jones Drive; thence, north 1 degree 54 minutes west a distance of 553.1 feet to a point; thence, south 88 degrees 06 minutes west a distance of 429.4 feet to a point; thence, south 1 degree 54 minutes east a distance of 541.8 feet to a point, said point being on the centerline of Eager Road; thence, running westerly along the centerline of Eager Road to its

Page 3361

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 57 degrees 58 minutes 30 seconds west a distance of 106.9 feet to a point; thence, south 86 degrees 49 minutes west a distance of 433.70 feet to a point; thence, south 3 degrees 11 minutes east a distance of 471.59 feet to a point; thence, south 17 degrees 15 minutes 12 seconds east a distance of 148.83 feet to a point; thence, south 2 degrees 16 minutes 03 seconds east a distance of 131.10 feet to a point; thence, south 39 degrees 07 minutes 27 seconds west a distance of 109.91 feet to a point; thence, south 72 degrees 39 minutes 48 seconds west a distance of 93.14 feet to a point; thence, south 28 degrees 15 seconds east a distance of 321.03 feet to a point; thence, south 85 degrees 25 minutes west 106.4 feet; thence, south 86 degrees 58 minutes west a distance

Page 3362

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 715.02 feet; thence, north 88 degrees 31 minutes west 1465.96 feet; thence, north 1 degree 29 minutes east 60.10 feet; thence, north 19 degrees 14 minutes east 278.4 feet to a point; thence, north 43 degrees 31 minutes west 120 feet to a point; thence, north 1 degree 29 minutes east 790 feet to a point; thence, north 88 degrees 31 minutes west 350 feet to a point; thence, north 1 degree 29 minutes east 550.59 feet to a point; 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 221.80 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 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, south 1 degree 25 minutes west a distance of 160

Page 3363

feet to a point; thence, south 88 degrees 33 minutes east 138.77 feet to a point which is on the west margin of Gornto Road; thence, north 1 degree 29 minutes east 5.75 feet to a point; thence, south 88 degrees 27 minutes east 210.02 feet to a point; thence, north 1 degree 29 minutes east 611.2 feet to a point; thence, south 88 degrees 31 minutes east 1416.44 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 456.36 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 the west margin of Ellis Drive a distance of 1273 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

Page 3364

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 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, proceeding south 61 degrees 24

Page 3365

minutes east along the south margin of U. S. Highway 94 a distance of 740 feet, more or less, to an iron pin located at the southwest corner of the intersection of said highway and a paved road leading to Lowndes High School; thence, proceeding south 27 degrees 49 minutes west a distance of 2012.55 feet to an iron pin; thence, proceeding south 25 degrees 24 minutes east a distance of 621.43 feet to an iron pin; thence, proceeding north 68 degrees 0 minutes east a distance of 687.56 feet to an iron pin; thence, proceeding north 22 degrees 0 minutes west a distance of 1018.88 feet to an iron pin; thence, proceeding north 26 degrees 7 minutes west a distance of 94.99 feet to an iron pin; thence, proceeding north 27 degrees 49 minutes east a distance of 1155.29 feet to an iron pin located at the southeast corner of the intersection of U. S. Highway 94 and a paved road leading to afore mentioned school; thence proceeding north 28 degrees 36 minutes east a distance of 60 feet to an iron pin located on the north margin of U. S. Highway 94; thence, proceeding north 61 degrees 24 minutes west along the north margin of said highway a distance of 800 feet, more or less, to an iron pin; 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

Page 3366

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 Sugar Creek; thence, running southerly and easterly along the meanderings of the center of the run of Sugar Creek to its intersection with One Mile Branch; thence, northeasterly along said branch to the westerly margin of Georgia Southern and Florida Railroad; thence, southeasterly along the west margin of said railroad to a point, said point being the intersection of the center of the run of One Mile Branch with the west margin right-of-way of Georgia Southern and Florida Railroad; thence, south 86 degrees 28 minutes 30 seconds west a distance of 114.00 feet along small creek; thence, north 70 degrees 51 minutes west a distance of 116.40 feet along said creek; thence, south 79 degrees 37 minutes west a distance of 120.68 feet along said creek; thence, south 60 degrees 25 minutes west a distance of 148.06 feet along said creek; thence, south 41 degrees 49 minutes east a distance of 207.08 feet along said creek; thence, south 38 degrees 44 minutes east a distance of 101.69 feet along said creek; thence, south 22 degrees 26 minutes 30 seconds west a distance of 70.32 feet along said creek; thence, south 06 degrees 44 minutes east a distance of 6162 feet along said creek; thence, south 20 degrees 42 minutes east a distance of 61.09 feet along said creek; thence, south 20 degrees 24 minutes east a distance of 61.03 feet along said creek; thence, south 01 degrees 39 minutes east a distance of 31.01 feet along said creek; thence, south 18 degrees 10 minutes west a distance of 79.62 feet along said creek; thence, south 02 degrees 49 minutes 49 seconds east a distance of 43.56 feet along said creek; thence, south 22 degrees 41 minutes west a distance of 62.53 feet along said creek; thence, south 24 degrees 58 minutes east a distance of 63.59 feet along said creek; thence, south 12 degrees 41 minutes east a distance of 69.19 feet along said creek; thence, south 07 degrees 17 minutes east a distance of 63.95 feet along said creek; thence, south 12 degrees 00 minutes east a distance of 38.63 feet along said creek; thence, south 22 degrees 45 minutes east a distance of 96.13 feet along said creek; thence, south 02 degrees 58 minutes 33 seconds east a distance of 60.01 feet along said creek; thence, south 01 degrees 02

Page 3367

minutes 23 seconds east a distance of 145.43 feet to a point on the south margin of West Magnolia Street; thence, south 84 degrees 05 minutes 20 seconds east a distance of 593.55 feet to a point in the center 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 203.24 feet to a point which is on the northern margin of River Street Road; thence, westerly along the north margin of River Street a distance of 801.0 feet to a point; thence, north 1 degree 3 minutes west a distance of 185.12 feet to a point; thence, south 83 degrees 6 minutes west a distance of 150 feet to a point, said point being on the east margin of Blitch Street; thence, south one degree three minutes east a distance of 185.12 feet to a point, said point being the northeast intersection of Blitch Street and River Street; thence, continuing south one degree three minutes a distance of 60 feet to a point on the south margin of River Street; thence, easterly along the south margin of River Street a distance of 1243.59 feet to a point, said point being the projection of the west margin of Hightower Street at the intersection of 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 (St. Augustine Road) to an iron pin on the west right-of-way or North Stanley Street where it intersects the south right-of-way of Maude Avenue; thence, running south 78 degrees 41 minutes west a distance of 179.58 feet along the south right-of-way of Maude Avenue to an iron pin; thence, running south 13 degrees 39 minutes east a distance of 139.91 feet to an iron pin; thence, running north

Page 3368

77 degrees 57 minutes east a distance of 276.56 feet to an iron pin on the west right-of-way 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 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 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 1049.15 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

Page 3369

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 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 of South Stanley Street; thence, running south along the west margin of Stanley Street to the Southern margin of Dukes Bay Drainage Canal; thence, running easterly along the south margin of Dukes Bay Drainage Canal to the east margin of Myddleton Avenue; thence, running southeasterly 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 centerline 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 centerline of Old Clyattville Road 367 feet westerly from the centerline 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 centerline 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

Page 3370

(Georgia 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 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 Boulevard; 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

Page 3371

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 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 east 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 degree 53 minutes curve a distance of 1039.28 feet to a point, being the point of a curve; thence, north 11 degrees 58 minutes 32 seconds east along the north right-of-way line of the Valdosta Southern Railroad a distance

Page 3372

of 581.08 feet to a point; thence, south 23 degrees 44 minutes 05 seconds each 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 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 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;

Page 3373

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 feet; thence, north 12 degrees 17 minutes west a distance of 1037.05 feet; thence, 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 843.45 feet to an iron pin; thence,

Page 3374

north 3 degrees 6 minutes 19 seconds east a distance of 18.86 feet to a point; thence, south 84 degrees 44 minutes 42 seconds east a distance of 64.20 feet to a point; thence, south 7 degrees 43 minutes 18 seconds west a distance of 11.96 feet to a point; thence, north 89 degrees east a distance of 242.47 feet to a point; thence, north 1 degree west a distance of 300 feet to a point; thence, south 89 degrees west a distance of 125.00 feet to a point; thence, north 1 degree west a distance of 27.03 feet to a point; thence, north 4 degrees 17 minutes 16 seconds west a distance of 383.58 feet to a point on the south margin of the Old Statenville Road; thence, running eastwardly along the south margin of the Old Statenville Road a distance of 1040.71 feet 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 westerly 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 a point, said point being a distance of 141.85 feet south of the south margin of Morningside Drive; thence, south 15 degrees 25 minutes east a distance of 219.95 feet to a point; thence, south 43 degrees 24 minutes east a distance of 111.32 feet to a point on the northwesterly margin of The Valdosta Board of Education property; thence, north 76 degrees 46 minutes east a distance of 776.36 feet to a point; thence, north 10 degrees 14 minutes west a distance of 305.00 feet to a point; thence, north 76 degrees 46 minutes east a distance

Page 3375

of 87.35 feet to a point; thence, north 4 degrees 13 minutes west a distance of 265.89 feet to a point; thence, south 58 degrees 47 minutes west a distance of 93.14 feet to a point; thence, north 76 degrees 01 minutes west a distance of 38.53 feet to a point; thence, north 3 degrees 13 minutes west a distance of 485.49 feet to a point; thence, south 86 degrees 47 minutes a distance of 259.70 feet to a point; thence north 30 degrees 29 minutes west a distance of 159.42 feet to a point; thence, north 19 degrees 16 minutes east a distance of 201.13 feet to a point; thence, north 43 degrees 53 minutes west a distance of 61.33 feet to a point; thence, north 30 degrees 13 minutes west a distance of 110.00 feet to a point; thence, north 42 degrees 56 minutes east a distance of 48.47 feet to a point; thence, north 30 degrees 13 minutes west a distance of 101.83 feet to a point; thence, north 15 degrees 40 minutes a distance of 63.06 feet to a point; thence, north 2 degrees 15 minutes west a distance of 125 feet to a point; thence, south 87 degrees 45 minutes west a distance of 37.50 feet to a point; thence, south 44 degrees 44 minutes west a distance of 51.31 feet to a point; thence, south 87 degrees 45 minutes west a distance of 250.00 feet to a point; thence, north 49 degrees 30 minutes west a distance of 52.40 feet to a point; thence, south 87 degrees 45 minutes west a distance of 270.02 feet to a point; 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

Page 3376

minutes east a distance of 86.02 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; 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; 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: Excepted territory. 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

Page 3377

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 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 said U. S. Highway No. 41); thence, running southwesterly at right angles with said Highway right-of-way a distance of four hundred sixty feet (460); thence, running northwesterly parallel with said highway right-of-way a distance of sixty feet (60); 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 . All laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Section 3 . There is attached hereto and made a part hereof a copy of the published notice of intention to apply herefor, accompanied by a certificate of the publisher of The Valdosta Daily Times, the newspaper in which the 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. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the 1971 Session of the General Assembly of Georgia local legislation to amend The Charter of The City of Valdosta, as amended, to repeal conflicting laws and for other purposes.

Page 3378

This 29th day of December, 1970. /s/ Henry T. Brice City Attorney City of Valdosta 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 Local Legislature is a true and correct copy of a notice which was published in said newspaper once a week for four weeks on the 1st, 8th, 15th and 22nd days of January, 1971, 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 15th day of February, 1971. /s/ Patricia A. Williams Notary Public, Ga. State at Large. My Commission Expires Oct. 22, 1972. (Seal). Approved April 10, 1971. CITY OF FOLKSTONCHARTER AMENDED. No. 574 (House Bill No. 689). An Act to amend an Act creating and establishing a new charter for the City of Folkston in the County of Charlton, State of Georgia, approved August 13, 1931 (Ga. L. 1931, p. 755) as amended, so as to authorize and empower

Page 3379

the City of Folkston to abandon and close by ordinance portions of certain city streets and alleys; to authorize and empower the city to execute and deliver its deeds conveying the title to such abandoned and closed streets and alleys to adjacent property owners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating and establishing a new charter for the City of Folkston in the County of Charlton, State of Georgia, approved August 13, 1931 (Ga. L. 1931, p. 755), as amended, is hereby amended by adding immediately following section 52B a new section to be known as section 52C to read as follows: Section 52C. The Mayor and Councilmen of the City of Folkston, Georgia, are hereby authorized and empowered to permanently close, abandon and abolish those certain portions or sections of the following streets and alleys in said city, to wit: In that subdivision in the City of Folkston, Charlton County, Georgia, known as 1906 Colony Company Subdivision and/or the Okefenokee Industrial Park, which area is described as follows: The area lying between the West line of Tract 62 and the East line of Tract 63, and the West line of Tract 65 and the East line of Tract 64 and the area West of Clay Branch lying between the South line of Tract 64 and 65 and the North line of Tract 86. The City of Folkston is hereby authorized and empowered to execute and deliver its deeds conveying the title of the above-mentioned portions of city streets to Union Camp Corporation. 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 1971 Session of the Georgia General Assembly, in the House of Representatives, local legislation to reject dedication and

Page 3380

close those certain streets and/or alleys in that subdivision in the City of Folkston, Charlton County, Georgia, known as 1906 Colony Company Subdivision and/or the Okefenokee Industrial Park, which area is described as follows: The area lying between the West line of Tract 62 and the East line of Tract 63, and the West line of Tract 65 and the East line of Tract 64 and the area West of Clay Branch lying between the South line of Tract 64 and 65 and the North line of Tract 86, and to close any portion thereof now open, and for other purposes. This legislation to be introduced at the request of the City of Folkston by appropriate resolution passed by this body on June 2, 1969 after appropriate advertising, and to enable the City of Folkston to convey the areas herein closed as streets and alleys to Union Camp Corporation, Wayne, N. J. Carl A. Drury Representative, 66th Legislative District I, Doyle Lewis, publisher of the Charlton County Herald a weekly newspaper with general circulation within Charlton County, Georgia and the official organ of Charlton County, certify that the below Notice of Intention to Introduce Legislation was published in the Charlton County Herald on January 20, January 27, and February 3, 1971. This 4th day of February, 1971. /s/ Doyle Lewis Publisher /s/ Lois B. May Clerk Superior Court Charlton County, Georgia (Seal). Approved April 10, 1971.

Page 3381

MONROE COUNTY BOARD OF COMMISSIONERSTERMS OF MEMBERSREFERENDUM. No. 575 (House Bill No. 692). 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 July 23, 1908 (Ga. L. 1908, p. 340), so as to change the terms of office of the members of the Board of Commissioners of Monroe County; 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 Board of Commissioners of Monroe County, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, particularly by an Act approved July 23, 1908 (Ga. L. 1908, p. 340), 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 county affairs of Monroe County shall be conducted and administered by the Board of Commissioners of Monroe County, which shall consist of three members who shall be citizens of said county and have the qualifications required by law for members of the House of Representatives. Commencing with the commissioners who are elected in the 1974 General Election, the commissioners shall serve for terms of office of four years and until their successors are elected and qualified. Commissioners. Section 2 . It shall be the duty of the Ordinary of Monroe County to issue the call for an election for the purpose of submitting this Act to the voters of said County for approval or rejection. The Ordinary shall set the date of such election so that such election shall be held on the date of the next general election. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately

Page 3382

preceding the date thereof, in the official organ of Monroe County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act changing the terms of the Board of Commissioners of Monroe County from two years to four years be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Monroe 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 results 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 January, 1971 Session of the General Assembly of Georgia, a bill to change the terms of the members of the Board of Commissioners of Monroe County; and for other purposes. This 18th day of January, 1971. Phillip Benson Ham Representative, 33rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority,

Page 3383

duly authorized to administer oaths, Phillip Benson Ham 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: January 21, 28 and February 4, 1971. /s/ Phillip Benson Ham Representative, 33rd District Sworn to and subscribed before me, this 18th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. MONROE COUNTYASSISTANT TAX COMMISSIONER AND CLERK PROVIDED, ETC. No. 576 (House Bill No. 693). An Act to amend an Act creating the Office of Tax Commissioner of Monroe County, approved August 28, 1931 (Ga. L. 1931, p. 538), as amended, particularly by an Act approved March 3, 1962 (Ga. L. 1962, p. 2671), so as to provide for an assistant tax commissioner; to provide for a clerk for the tax commissioner; to provide for salaries for the assistant tax commissioner and for the clerk of the tax commissioner to be determined by the Board of Commissioners of Monroe County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3384

Section 1 . An Act creating the Office of Tax Commissioner of Monroe County, approved August 28, 1931 (Ga. L. 1931, p. 538), as amended, particularly by an Act approved March 3, 1962 (Ga. L. 1962, p. 2671), is hereby amended by striking section 6A in its entirety and inserting in lieu thereof a new section 6A to read as follows: Section 6A. (a) The Tax Commissioner of Monroe County is authorized to employ one assistant tax commissioner to provide such assistance as the Tax Commissioner of Monroe County shall require in performing his duties as tax commissioner. The salary of said assistant tax commissioner shall be fixed by the County Commissioners of Monroe County and shall be paid in equal monthly installments out of the funds of Monroe County. Said monthly salary of the assistant tax commissioner shall be not less than $350.00 nor more than $600.00 per month. Assistant tax commissioner. (b) The Tax Commissioner of Monroe County is authorized to employ one clerk to perform clerical and such other assistance as the Tax Commissioner of Monroe County shall require in performing the duties of tax commissioner. The salary of said clerk shall be determined by the Board of Commissioners of Monroe County and shall be paid in equal monthly installments out of the funds of Monroe County. Said monthly salary of the clerk shall not be less than $250.00 nor more than $500.00 per month. 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 there will be introduced at the January, 1971 Session of the General Assembly of Georgia, a bill to provide for an Assistant Tax Commissioner of Monroe County and to determine his salary; to provide for a clerk for the Tax Commissioner of Monroe County and to provide for the clerk's salary; to repeal conflicting laws; and for other purposes.

Page 3385

This 18th day of January 1971. /s/ Phillip Benson Ham Representative, 33rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Phillip Benson Ham 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: January 21, 28 and February 4, 1971. /s/ Phillip Benson Ham Representative, 33rd District Sworn to and subscribed before me, this 18th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. ACT PROVIDING FOR RECORDING PLATS IN CERTAIN COUNTIES AMENDED TO SHOW POPULATION FIGURE CHANGE. (600,000 OR MORE). No. 578 (House Bill No. 700). An Act to amend an Act regulating preparation and recording plats of survey in counties having a population of

Page 3386

300,000 or more, approved March 17, 1960, (Ga. L. 1960, p. 3196, et. seq.) so as to increase the population requirements to 600,000; 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 same, as follows: Section 1 . That the Act approved March 17, 1960, (Ga. L. 1960, p. 3196, et. seq.), providing for the regulation of the preparation and recording of plats of surveys in counties having a population of 300,000 or more, according to the 1950 United States Census or any future such census, be, and the same is hereby, amended by striking therefrom the population requirement of 300,000 or more and inserting in lieu thereof the figures 600,000 or more so that said Act when amended shall apply only to counties having a population of 600,000 or more according to the last United States Census or any future such census. Section 2 . Should any part, paragraph or portion of this Act be declared unconstitutional by any court of competent jurisdiction, such shall not affect the remaining portions of this Act but the same shall remain in full force and effect as if independently adopted by the Legislature. Severability. Section 3 . All laws and parts of laws in conflict herewith are hereby repealed. Section 4 . This Act shall become effective upon its passage and approval as provided by law. Effective date. Approved April 10, 1971. AMENDMENT TO ACT PROVIDING FOR CERTAIN COUNTY PARK LEASESPOPULATION CHANGES. (600,000 OR MORE). No. 579 (House Bill No. 701). An Act to amend an Act approved February 21, 1951, (Ga. L. 1951, p. 528, et seq.), providing for the lease of park

Page 3387

property in certain counties having a population of 300,000 or more so as to strike the population requirements and have inserted in lieu thereof the population requirement of 600,000 so that said Act, when so amended, will apply to counties having a population of 600,000 or more, according to the last United States Census or any future such census. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same: Section 1 . The Act approved February 21, 1951, (Ga. L. 1951, p. 528, et. seq.), providing for the lease of park lands in counties having a population of 300,000 or more, be, and the same is hereby amended by striking therefrom the population figures of 300,000 and inserting in lieu thereof the population figures 600,000 so that said Act, when so amended, shall apply to counties having a population of 600,000 or more according to the last United States Census or any future such census. Section 2 . Should any part, paragraph or portion of this Act be declared unconstitutional by any court of competent jurisdiction, such shall not affect the remaining portions of this Act but the same shall remain in full force and effect as if independently adopted by the Legislature. Severability. Section 3 . All laws and parts of laws in conflict herewith are hereby repealed. Section 4 . This Act shall become effective upon its passage and approval as provided by law. Effective date. Approved April 10, 1971.

Page 3388

AMENDMENT TO ACT PROVIDING FOR TAX LEVIES IN CERTAIN COUNTIES TO SHOW POPULATION CHANGES. (600,000 OR MORE). No. 580 (House Bill No. 702). An Act to amend an Act approved February 21, 1951, (Ga. L. 1951, p. 528), providing for tax levies in counties having a population of 300,000 or more, as amended, so as to strike the population requirements of 300,000 wherever the same appears and inserting in lieu thereof the population requirement of 600,000 so that said Act, as amended, when hereby further amended, shall apply to counties having a population of 600,000 or more, according to the last United States Census or any future such census; to repeal conflicting laws; to provide the effective date of the Act and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same: Section 1 . That the Act approved February 21, 1951, (Ga. L. 1951, p. 528), providing for tax levies in counties having a population of 300,000 or more, as amended, be, and the same is hereby, amended by striking the population figures of 300,000 wherever they appear in said Act and amendments thereof and inserting in lieu thereof the population figure 600,000, so that said Act, as amended, when further hereby amended shall apply only in counties having a population of 600,000 or more according to the last United States Census or any future such census. Section 2 . Should any part, paragraph or portion of this Act be declared unconstitutional by any court of competent jurisdiction, such shall not affect the remaining portions of this Act but the same shall remain in full force and effect as if independently adopted by the Legislature. Severability. Section 3 . All laws and parts of laws in conflict herewith are hereby repealed.

Page 3389

Section 4 . This Act shall become effective upon its passage and approval as provided by law. Effective date. Approved April 10, 1971. AMENDMENT TO ACT PROVIDING FOR BUDGET COMMISSION IN CERTAIN COUNTIESPOPULATION FIGURES CHANGED. (600,000 OR MORE). No. 581 (House Bill No. 703). An Act to amend an Act to provide for a Budget Commission in certain counties approved March 2, 1953, (Ga. L. 1953, Jan.-Feb. Sess. pp. 2815 - 2822), as amended, and all Acts amendatory thereof, so as to strike the population requirements wherever they appear and insert in lieu thereof the population figures of 600,000 so that said Act and all Acts amendatory thereof when so amended shall apply only to counties having a population of 600,000 or more according to the last United States Census or any future such Federal Census; to repeal conflicting laws; to provide the effective date of the Act and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same: Section 1 . That the Act approved March 2, 1953, (Ga. L. 1953, Jan.-Feb. Sess. pp 2815 - 2822), providing for a budget and related matters in certain counties, and all Acts amendatory thereof, be, and they are hereby, amended by striking the population requirements wherever they appear and inserting in lieu thereof the figures 600,000 so that said Act and all Act amendatory thereof, when so further amended, shall apply only in counties having a population of 600,000 or more according to the last United States Census or any future such census.

Page 3390

Section 2 . Should any part, paragraph or portion of this Act be declared unconstitutional by any court of competent jurisdiction, such shall not affect the remaining portions of this Act but the same shall remain in full force and effect as if independently adopted by the Legislature. Severability. Section 3 . All laws and parts of laws in conflict herewith are hereby repealed. Section 4 . This Act shall become effective upon its passage and approval as provided by law. Effective date. Approved April 10, 1971. JOINT COUNTY-CITY TAX BOARD ACT AMENDED TO SHOW POPULATION CHANGES. (600,000 OR MORE). No. 582 (House Bill No. 704). An Act to amend an Act approved February 15, 1952, (Ga. L. 1952, p. 2825, et. seq.), providing for the creation of a Joint County-City Tax Board in counties having a greater population of 300,000 or more according to the 1950 United States Census or any future such census so as to strike the population requirements of 300,000 whereever they appear in such Act and Acts amendatory thereof and to insert in lieu thereof the population figures of 600,000 so that said Act when so amended shall be applicable in counties having a population of 600,000 or more, according to the last United States Census or any future such census; to repeal conflicting laws; to provide for the efective date of the Act and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that the Act approved February 15, 1952, (Ga. L. 1952, p. 2825, et. seq.), be, and the same is hereby amended by striking from such Act and all Acts amendatory thereof the population figures of 300,000 wherever the same may appear and inserting

Page 3391

in lieu thereof the population figure 600,000 so that said Act when so amended shall be applicable only in counties having a population of 600,000 according to the last United States Census or any future such census. Section 2 . Should any part, paragraph or portion of this Act be declared unconstitutional by any court of competent jurisdiction, such shall not affect the remaining portions of this Act but the same shall remain in full force and effect as if independently adopted by the Legislature. Severability. Section 3 . All laws and parts of laws in conflict herewith are hereby repealed. Section 4 . This Act shall become effective upon its passage and approval as provided by law. Effective date. Approved April 10, 1971. ACT PROVIDING FOR PENSIONS FOR FIREMEN AND POLICEMEN, ETC., AMENDED TO CHANGE FIGURES. (600,000 OR MORE). No. 583 (House Bill No. 706). An Act to amend an Act approved April 25, 1969, (Ga. L. 1969, Vol. II, 3652, et. seq.) so as to strike the figures 300,000 wherever they appear and insert in lieu thereof the figures 600,000 so that said Act when so amended shall apply only to counties having a population in excess of 600,000 according to the 1950 United States census or any future such census; to repeal conflicting laws; to provide the effective date of the Act; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same that: Section 1 . The Act approved April 25, 1969, providing for pensions to firemen and policemen, widows and minor

Page 3392

children in certain counties, be, and the same is hereby, amended by striking therefrom the figure 300,000 wherever the same appears and inserting in lieu thereof the figure 600,000, so that said Act when so amended shall be applicable only in counties having a population in excess of 600,000 according to the 1950 United States Census or any future such census. Section 2 . All laws and parts of laws in conflict herewith are hereby repealed. Section 3 . This Act shall become effective upon its approval as authorized by law. Approved April 10, 1971. ACT CREATING PENSION STUDY COMMISSION IN CERTAIN COUNTIES AMENDED TO CHANGE FIGURES. (600,000 OR MORE). No. 584 (House Bill No. 707). An Act to amend an Act approved February 15, 1952, (Ga. L. 1952, p. 2798, et. seq.), providing for a pension study commission in counties having a population of 300,000 or more, as amended, so as to strike the population requirements of 300,000 wherever they appear and insert in lieu thereof the population requirement of 600,000 so that said Act, when so amended, shall apply only to counties having a population of 600,000 or more, according to the last United States census or any future such census; to repeal conflicting laws; to provide the effective date of the Act and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same: Section 1 . The Act approved February 15, 1952, (Ga. L. 1952, p. 2798, et. seq.), providing for a pension study

Page 3393

commission in counties having a population of 300,000 or more, as amended, is further hereby amended by striking the population figures 300,000 wherever they appear and inserting in lieu thereof the population figures of 600,000 so that said Act and all Acts amendatory thereof shall apply to counties having a population of 600,000 or more, according to the last United States Census or any future such census. Section 2 . Should any part, paragraph or portion of this Act be declared unconstitutional by any court of competent jurisdiction, such shall not affect the remaining portions of this Act but the same shall remain in full force and effect as if independently adopted by the Legislature. Severability. Section 3 . All laws and parts of laws in conflict herewith are hereby repealed. Section 4 . This Act shall become effective upon its passage and approval as provided by law. Effective date. Approved April 10, 1971. CERTAIN ACT AMENDED TO SHOW POPULATION FIGURE CHANGE IN CERTAIN COUNTIES. (600,000 OR MORE). No. 585 (House Bill No. 708). An Act to amend an Act approved December 23, 1953, (Ga. L. 1953, Nov.-Dec. Sess., p. 3000, et. seq.), so as to strike the population requirements of 300,000 and insert in lieu thereof the population requirement of 600,000 so that said Act, when so amended, shall apply only in counties having a population of 600,000 or more, according to the last or any future United States Census; to repeal conflicting laws; to provide the effective date of the Act; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same:

Page 3394

Section 1 . That the Act approved December 23, 1953, (Ga. L. 1953, Nov.-Dec. Sess., p. 3000, et. seq.), as amended, be, and the same is further hereby, amended by striking the population requirements of 300,000 wherever they appear and by inserting in lieu thereof the population requirement of 600,000, so that said Act, as amended, when hereby amended shall be applicable only to counties having a population of 600,000 or more, according to the last or any future United States Census. Section 2 . Should any part, paragraph or portion of this Act be declared unconstitutional by any court of competent jurisdiction, such shall not affect the remaining portions of this Act but the same shall remain in full force and effect as if independently adopted by the Legislature. Severability. Section 3 . All laws and parts of laws in conflict herewith are hereby repealed. Section 4 . This Act shall become effective upon its passage and approval as provided by law. Effective date. Approved April 10, 1971. CITY OF LAKELANDCHARTER AMENDED. No. 588 (House Bill No. 712). An Act to amend an Act incorporating the City of Lakeland and repealing the charter of the town of Milltown, approved August 11, 1925 (Ga. L. 1925, p. 1217), as amended, so as to provide that the Mayor of Lakeland 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 incorporating the City of Lakeland and repealing the charter of the town of Milltown, approved August 11, 1925 (Ga. L. 1925, p. 1217), as amended, is

Page 3395

hereby amended by striking section 11 in its entirety and by inserting in lieu thereof a new section 11, to read as follows: Section 11. All elections held under the provisions of this charter shall conform to the requirements of Title 34A of the Georgia Code, relating to municipal elections. All elections shall be held at the City Council Chamber in said City and the voting shall be by ballot. The candidates, except the candidates for mayor, receiving the highest number of legal votes for the respective offices shall be declared elected. Elections. The Mayor of the City of Lakeland shall be elected by a majority vote. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Georgia, Lanier County. Notice is hereby given that the City of Lakeland intends to apply for the passage of local legislation at the regular 1971 Session of the General Assembly of Georgia, to amend the Charter of the City of Lakeland, the title to such bill to be as follows: An Act to amend an Act establishing a Charter for the City of Lakeland, approved August 11, 1925, and the several Acts amendatory thereof, and for other purposes. This January 26, 1971. /s/ J. W. Hickman, Mayor Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hanson R. Carter who, on oath, deposes and says that he is Representative from the 64th District, and that the attached copy of Notice

Page 3396

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: January 28, February 4 and 11, 1971. /s/ Hanson R. Carter Representative, 64th District Sworn to and subscribed before me, this 17th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. NEW BOARD OF EDUCATION FOR JONES COUNTY, ETC.REFERENDUM. No. 590 (House Bill No. 718). An Act to create a new board of education of Jones 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 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 Jones County. Such board shall consist of five members who shall reside anywhere in Jones County and shall be elected as hereinafter provided. From and after the effective date of this Act, the Grand Jury of Jones County shall cease making appointments to the Board of Education. New board.

Page 3397

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. Posts. (b) Board post numbers 1 and 2 shall be occupied and be held by the two members of the Board of Education which existed immediately prior to the effective date of this Act, the terms of office of which two members would have expired in 1971 and 1972, respectively. At the general election to be held in 1972, the said two posts shall be the subject of election, and the members so elected shall be elected to terms of four years and until their successors are elected and qualified. The two members elected at the said general election in 1972 shall take office on January 1, 1973. (c) Board post numbers 3, 4 and 5 shall be filled in a special election to be called for that purpose by the Ordinary of Jones County. The Ordinary shall issue his call for the said election not less than 15 nor more than 30 days after this Act is approved by the voters of Jones County as provided in Section 6. 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 Jones 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. The members elected to board posts 3, 4 and 5 shall take office immediately and shall hold same for terms of office

Page 3398

of four years and until their successors are elected and qualified, which successors shall be elected at the general election held in 1974 and shall take office on January 1, 1975. 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. (b) At the board's first meeting following the taking of office of the 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 members of the Board of education, including the chairman, shall each receive $20.00 per diem per meeting, plus travel expenses for official out of county business. Per diem. Section 5 . The board of education of Jones County existing on the effective date of this Act shall continue in existence until the members are elected to board posts 3, 4 and 5, at which time the said 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. Old board. Section 6 . 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

Page 3399

Ordinary of Jones County to issue the call for an election for the purpose of submitting this Act to the voters of said 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 Jones County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act providing for a new board of education of Jones 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; and all matters relative to the foregoing be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect. The expense of such election shall be borne by Jones 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 1971 Session of the General Assembly of Georgia, a bill to create a new Board of Education for Jones

Page 3400

County; to provide for a referendum; and for other purposes. This 13 day of January, 1971. /s/ John Henry Hadaway Representative, 27th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Henry 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 28, February 4, and 11, 1971. /s/ John Henry Hadaway Representative, 27th District Sworn to and subscribed before me, this 17th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. WILKES COUNTY AUTHORIZED TO USE PUBLIC FUNDS FOR DEVELOPMENT OF TRADE, ETC. No. 591 (House Bill No. 720). An Act to authorize the use of public funds of Wilkes County for the development of trade, commerce, industry

Page 3401

and employment opportunities within Wilkes County; to authorize the governing authority of Wilkes County to levy a tax therefor; to provide for a limitation upon the levy of such tax; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Public funds of Wilkes County may be used for the development of trade, commerce, industry and employment opportunities within Wilkes County, and the governing authority of said county shall be authorized to levy a tax for such purposes. The levy of any such tax shall not exceed the sum of $10,000 per year. 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 1971 Session of the General Assembly of Georgia, a bill to authorize the use of the public funds of Wilkes County, not to exceed ten thousand ($10,000.00) dollars per annum, for industrial development and related purposes; to provide the procedure connected therewith; and for other purposes. This 16th day of January, 1971. Sam P. McGill Senator, 24th District Ben Barron Ross Representative, 26th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Barron Ross, who, on oath, deposes and says that he is Representative from the 26th District, and that the attached copy of

Page 3402

Notice of Intention to Introduce Local Legislation was published in The News Reporter, which is the official organ of Wilkes County, on the following dates: February 4, 11 and 18, 1971. /s/ Ben Barron Ross Representative, 26th District Sworn to and subscribed before me, this 22nd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. QUITMAN-BROOKS COUNTY AIRPORT AUTHORITY ACT. No. 593 (House Bill No. 727). An Act to create and establish an Airport Authority for the City of Quitman and Brooks County, 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

Page 3403

do all things deemed necessary or convenient for the operation of such undertaking; to authorize the issuance of revenue bonds or obligations 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 Quitman or Brooks County 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, approved February 14, 1957 (Ga. L. 1957, p. 36), as amended, amending the law known as the Revenue Certificate Law of 1937, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended; to authorize the Authority to exercise the power of condemnation; to provide for all matters relative thereto; 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 Quitman-Brooks County Airport Authority Act. Section 2. Quitman-Brooks County Airport Authority . There is hereby created a body corporate and politic to be known as the Quitman-Brooks County 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

Page 3404

indenture herein provided for shall in no event be liable for any torts committed by any of the officers, agents and employees of the Authority. The Authority shall have perpetual existence. Section 3. Membership . The Quitman-Brooks County Airport Authority shall be composed of seven members. One member shall be appointed by the Mayor and City Commissioners of the City of Quitman from among the members thereof. One member shall be appointed by the Board of Commissioners of Brooks County from among the members thereof. One member shall be appointed by the Brooks County legislative delegation to the General Assembly of Georgia from among the members thereof. Two members shall be appointed by the Mayor and Commissioners of the City of Quitman from among the citizens of said City. Two members shall be appointed by the Board of Commissioners of Brooks County from among the citizens thereof. All members shall hold a term of office of four years, and until their successors are duly appointed and qualified. Any member appointed by the Mayor and Commissioners of the City of Quitman, the Board of Commissioners of Brooks County, or the Brooks County legislative delegation to the General Assembly, from among the members thereof, who shall cease to be a member of such body, shall immediately vacate his membership on said Authority, and said vacancy shall be filled by the appropriate appointing body. Any person appointed to fill a vacancy on the Authority, occurring due to death, resignation, withdrawal, disqualification or otherwise, shall serve for the unexpired term of the person whose membership has been vacated. Initial members shall be appointed within 30 days following the effective date of this Act and shall serve for an initial term expiring on July 1, 1975. Thereafter all members shall take office on July 1 following their appointment. 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 July. The Authority shall meet at such times as may be necessary to transact the business coming before it, but

Page 3405

not less than quarterly. At its first meeting in July 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 June 30th of the year following the year in which they were elected or until their successors are elected and qualified. Four members of the Authority shall constitute a quorum for the transaction of all business coming before it. The members of the Authority shall receive no compensation for their services. They shall be reimbursed, however, 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 in the same manner in which the member vacating his membership was appointed to membership, 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 Quitman-Brooks County 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.

Page 3406

(c) The term cost of 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, the cost of engineering, architectural, fiscal and legal expenses, and the cost 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, and 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 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, approved February 14, 1957 (Ga. L. 1957, p. 36), as amended, amending the law formerly known as the Revenue Certificate Law of 1937, approved March 31, 1937 (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 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 the following powers: (a) To have a seal and alter the same at pleasure;

Page 3407

(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, 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 contracts with respect to the use of, or disposition of, the same in any manner it deems to be the best advantage 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 compensation; (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 and 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

Page 3408

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, instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the United States of America or such agency, instrumentality or other source may impose; (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, instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the State of Georgia or such agency, instrumentality or political subdivision or any other source may impose; (i) To borrow money for any of its corporate purposes, 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 powers usually possessed by private corporations performing similar functions, which are 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 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 the Authority 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;

Page 3409

(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 succeeded, or which may in the future succeed, to the powers, duties and liabilities vested in the Authority created hereby, shall have the power, and is hereby authorized, to provide by resolution for the issuance of 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 as may be authorized by the Authority, shall be payable semiannually, 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, approved February 14, 1957 (Ga. L. 1957, p. 36), amending the law formerly known as the Revenue Certificate Law of 1937, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended. 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 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 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. The Authority may make provisions for the registration of any coupon bond, as to principal alone, or to both the principal and interest.

Page 3410

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. Any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary-Treasurer of the Authority. Any bond may be signed, sealed and attested on behalf of the Authority by such persons as shall be duly authorized or hold the proper office, at the actual time of the execution of such bonds, although such persons may not have been so authorized or shall not have held such office on the date of delivery and payment of such bonds. 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 instruments law of the State. Such bonds are declared to be issued for an essential public and governmental purpose, and 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

Page 3411

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. Section 14. Interim Receipts and Certificates or Temporary Bond . 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 of 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 regular, special, or adjourned meeting of the Authority by a majority vote of the quorum as provided in this Act. 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 Quitman or Brooks County. Such bonds shall be payable solely from the fund hereinafter provided for, and the issuance of such revenue bonds

Page 3412

shall not directly, indirectly or contingently obligate the said city or county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment of such bonds. All such bonds shall contain recitals on their face substantially covering 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 pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the sale 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,

Page 3413

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 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 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 the trust instrument may provide. 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. 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

Page 3414

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. 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 issuance 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 the Revenue Bond Law. The petition for validation shall

Page 3415

also make 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, a party-defendant of such action. 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 of the United States Government if a party to the validation proceedings, contracting with the said Quitman-Brooks County 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 Court of Brooks 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 adversely affect the interest and rights of the holders of such bonds, and no other entity, department, agency or authority shall be created which will compete with the Authority to such an extent as to adversely affect the interest and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the State, the Authority and the holders of any such bonds, and upon the issuance of bonds under the

Page 3416

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 fields for the use of aircraft, including 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 to be 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, 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 and commodities furnished, including leases, concessions or sub-leases of 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.

Page 3417

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 Quitman and Brooks County, 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 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 in 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 becoming law without his approval. Section 36. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3418

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1971 session of the General Assembly of Georgia, a bill to create an Airport Authority for the City of Quitman and Brooks County; to provide for the membership, duties, powers and procedures of the Authority; to provide for all matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. This 1st day of Feb., 1971. Henry L. Reaves Representative, 71st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry L. Reaves who, on oath, deposes and says that he is Representative from the 71st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Quitman Free Press which is the official organ of Brooks County, on the following dates: February 4, 11 and 18, 1971. /s/ Henry L. Reaves Representative, 71st District Sworn to and subscribed before me, this 22nd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971.

Page 3419

CITY OF HAZLEHURSTCHARTER AMENDED. No. 594 (House Bill No. 729). An Act to amend an Act providing a new charter for the City of Hazlehurst, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2925), as amended, so as to change the terms of office of the City Commissioners elected from Wards No. 1, No. 2, No. 3 and No. 4; to provide for staggered terms for the Commissioners; to provide for all matters relative thereto; 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. Sess., p. 2925), as amended, is hereby amended by striking subsections (a), (b), (c) and (d) of section 4 in their entirety and inserting in lieu thereof new subsections to be known as subsections (a) and (b), to read as follows: (a) There shall be an election on the third Wednesday in December, 1971, at which there shall be elected a Mayor, who shall be a member of the Board of Commissioners, and four Commissioners. The Commissioners elected from Wards No. 1 and 2 shall be elected for a term of two years and until their successors are duly elected and qualified, unless removed as herein provided. The Commissioners elected from Wards No. 3 and 4 shall be elected for a term of four years, and until their successors are duly elected and qualified, unless removed as herein provided. Thereafter the Commissioners from Wards No. 1, No. 2, and No. 3 and No. 4 shall be elected and shall serve a term of office of four years and until their successors are duly elected and qualified, unless removed as herein provided. At such election the Mayor shall be elected for a term of two years, and until his successor is duly elected and qualified, unless removed as herein provided. Thereafter the Mayor shall hold a term of office of two years and until his successor is duly elected and qualified, unless removed as herein provided.

Page 3420

The Mayor and Commissioners elected in such election shall take office and shall commence the discharge of their respective duties of the first day of January following their election. (b) All subsequent elections for City officials, except special elections, following the election to be held on the third Wednesday in December of each odd-numbered year. The Mayor and Commissioners elected in each such election shall take office on the first day of January following their election., and by renumbering subsections (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p), (q), (r), (s), (t), (u), (v), (w), (x), and (y), as subsections (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p), (q), (r), (s), (t), (u), (v), and (w), respectively. 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 1971 session of the General Assembly of Georgia a bill to amend the charter of the City of Hazlehurst, so as to provide that in the next City election the Commissioners from Ward No. 1 and 2 shall be elected for a term of two years, and the Commissioners from Wards 3 and 4 shall be elected for a term of four years and thereafter the Commissioners from all Wards shall be elected for terms of four years, with the exception of the Mayor, who shall be elected every two years; to repeal conflicting laws; and for other purposes. This 21st day of January, 1971. L. Jack Strickland Representative, 56th District

Page 3421

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. Jack Strickland 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 21, 28 and February 4, 1971. /s/ L. Jack Strickland Representative, 56th District Sworn to and subscribed before me, this 22nd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. CITY OF FAIRBURNCHARTER AMENDED. No. 596 (House Bill No. 747). An Act to amend an Act creating and incorporating the City of Fairburn, in the County of Fulton, and granting a charter to that municipality under that name and style, approved August 3, 1925 (Ga. L. 1925, p. 1024), as amended, so as to add certain additional territory to the corporate limits of said city; to provide for all matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3422

Section 1 . An Act creating and incorporating the City of Fairburn, in the County of Fulton, and granting a charter to that municipality under that name and style, approved August 3, 1925 (Ga. L. 1925, p. 1024), as amended, is hereby amended so as to extend the corporate limits of the City of Fairburn to include the following described territory and the inhabitants thereof: TRACT ONE . All that tract or parcel of land lying and being in Land Lot 72 of District 9F, Fulton County, Georgia, and more particularly described, as follows: BEGINNING at a point 315 feet West of the Northeast corner of said Land Lot 72; running thence West along the North line of said Land Lot 72 a distance of 1,161 feet, more or less, to an iron pin located where Town Creek crosses said Land Lot line; running thence South, Southeast along and following the meanderings of said Town Creek 1,650 feet, more or less, to King Branch; running thence South, Southeast along said Town Creek and following the meanderings thereof 1,505 feet, more or less, to the East land lot line of said Land Lot 72; running thence North along the East Land Lot line of said Land Lot 72 and the present City Limit boundary of Fairburn, Georgia, a distance of 785 feet, to an iron pin; running thence West 210 feet to an iron pin; running thence North 614 feet to an iron pin; running thence East 210 feet to an iron pin on the East Land Lot line of said Land Lot 72; running thence North along the East land lot line of said Land Lot 72 a distance of 627.9 feet to an iron pin; running thence West 315 feet to an iron pin; running thence North 690 feet to an iron pin on the North Land Lot line of said Land Lot 72 and the point of beginning. TRACT TWO . All that tract or parcel of land lying and being in Land Lot 54 of District 9F, Fulton County, Georgia, and more particularly described, as follows:

Page 3423

Beginning at a point at the present City Limit boundary of Fairburn, Georgia, 483 feet North of the South right of way of Mehaffey Road; running thence Northeast along the present city limit boundary of the City of Fairburn 255 feet to a point; running thence East 2,390 feet to the East Land Lot Line of said Land Lot 54; running thence South along the East Land Lot Line of said Land Lot 54 a distance of 710 feet to a point; running thence West 785 feet to a point; running thence North 180 feet to a point; thence Northeast 190 feet to a point; running thence Northwest 240 feet to a point; running thence Southwest 205 feet to a point; running thence Southwest 457 feet to a point; running thence West 1,305 feet to a point on the South right of way line of said Mehaffey Road; running thence North 483 feet to a point on the present City Limit boundary line of Fairburn, Georgia and the point of beginning. TRACT THREE . All that tract or parcel of land lying and being in Land Lot 74 of the 9F District of Fulton County, Georgia, and being more particularly described as follows: BEGINNING at a point at the Northwest corner of Land Lot 74, proceeding thence southerly along the west line of Land Lot 74, a distance of 1,125 feet, more or less to a point; proceeding thence Easterly along the City of Fairburn limits line 1,500 feet more or less; proceeding thence Northerly 1,050 feet, more or less, to a point; proceeding thence Westerly 1,490 feet more or less and back to the point of beginning, being unimproved property and containing 37.8 acres more or less. 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 Apply for Local Legislation. Notice is hereby given that the City of Fairburn intends

Page 3424

to apply for passage of local legislation at the 1971 Session of the General Assembly of Georgia convening in January 1971 to amend Georgia Laws 1925, p. 1024 and all Acts amendatory thereof, establishing a Charter for the City of Fairburn, Georgia; to provide for amendments thereto; to amend the corporate limits of the City of Fairburn, and for other purposes. This 12th day of January, 1971. George E. Glaze City Attorney of City of Fairburn, Georgia. Georgia, Fulton County. 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 13, 20, 27 days of January, 1971. As provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 16th day of February, 1971. /s/ Mildred N. Lazenby, Notary Public, Georgia State at Large. My Commission Expires Oct. 17, 1971. (Seal). Approved April 10, 1971.

Page 3425

CERTAIN COUNTY COMMISSIONS ON EFFICIENCY AND ECONOMY IN GOVERNMENT CREATED. (400,000-600,000). No. 597 (House Bill No. 758). An Act to create a County Commission on Efficiency and Economy in Government in each county of this State having a population of not less than 400,000 and not more than 600,000 according to the 1970 United States Decennial Census, or any future such census; to provide for the membership, appointments, powers and duties of such Commission; to provide that such Commission shall study the existing governments of the county and all cities located therein to determine whether such governmental units may function more economically and efficiently by consolidation; to provide that the Commission shall have the power to draft a proposed charter for a consolidated government and such other proposed legislation as they shall deem necessary or desirable; to provide for the employment of experts in the field of public administration, attorneys, and other technical assistants; to declare that the study of efficiency and economy in such governments is a public purpose for which public funds can be expended and to authorize the levying of a tax therefor as a necessary cost of administration of the county government; to provide for all procedures and matters incidental and necessary to the foregoing; 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 . (a) There is hereby created in and for each county of this State having a population of not less than 400,000 and not more than 600,000 according to the 1970 United States Decennial Census or any future such census, a public body and politic to be known as The Commission on Efficiency and Economy in Government of such county, which shall consist of twenty-two (22) members as hereinafter provided. Creation.

Page 3426

(b) One member shall be appointed by each Senator from the 41st, 42nd, 43rd and 55th Senatorial Districts. (c) Six members shall be appointed by the members of the House of Representatives from the 72nd, 73rd, 74th, 75th, 76th and 77th Districts with three such members being appointed by the Republican members from said Districts and the remaining three members to be appointed by the Democratic members from said Districts. (d) One member by each member of the Board of Commissioners of DeKalb County. (e) Three members shall be elected by the DeKalb County Municipal Association from its membership. (f) One member shall be elected by the DeKalb County Grand Jury Association. (g) One member to be appointed by the President of the DeKalb County Chamber of Commerce. Section 2 . It shall be the function and duty of such Commission to conduct such studies as it deems necessary into the structures, functions and operations of such county and all local governments operating within such county, including each municipal government, the county, political subdivisions, public agencies, offices, officers, boards and bureaus within the county, to determine if it would promote efficiency and economy in government or otherwise be desirable to consolidate, eliminate, restrict, reorganize, rearrange taxable districts, or otherwise change any or all such governments, functions, offices, officers, boards or bureaus. Duties. Section 3 . It shall be the duty of the Commission to draft charters, charter amendments or other model legislation that will accomplish the purposes set forth in such recommendations as the Commission may make, regardless of whatever conclusions shall be determined by such Commission. Charters, etc.

Page 3427

Section 4 . The Commission is authorized to make such investigations, conduct hearings, employ such clerical assistants, legal assistants, experts and persons, firms or corporations having special knowledge in the field of public administration or other areas of such study as may be necessary to carry out the purposes of this Act, provided that all such expenditures shall be within such budgeted and appropriated amounts as shall be approved and made by the governing authority of such county for the purposes enumerated in this Act. All public officials, upon request, shall make available to the Commission all necessary and pertinent information and assistance dealing with their respective offices and duties as may be requested by such Commission. Investigations, etc. Section 5 . The members of the Commission shall not receive compensation for their services, but shall be reimbursed for their actual expenses incurred in the performance of their official duties. Expenses. Section 6 . The purposes described in this Act are hereby declared to be public purposes for which public funds may be expended, and any such county is hereby authorized to exercise the power of taxation for such public purposes as a part of the necessary cost of administration of the government of such county. All funds necessary for the purposes of this Act, including the reimbursement of expenses, shall be paid from county funds. Public purposes. Section 7 . All of the functions, powers and duties of the Commission described in this Act shall be completed by November 10, 1971, at which time the Commission shall stand abolished. Expiration date. Section 8 . The Commission shall file a copy of its reports, findings and recommendations, together with the drafts of any proposed charter amendment or other proposed legislation, with the governing authority of the county, the clerk of the governing authority of each municipality in the county affected by any report or recommendation of the Commission, any officer affected thereby, each member of the General Assembly of Georgia from such county,

Page 3428

any board of education affected by such proposed legislation or report or recommendation, and the clerk of the superior court, who shall file the same as a part of his public records. Report. Section 9 . 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 10 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 11 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1971. CITY OF ADELCHARTER AMENDED. No. 598 (House Bill No. 760). An Act to amend an Act incorporating the City of Adel, approved March 17, 1960 (Ga. L. 1960, p. 3055), as amended, so as to enlarge and redefine the corporate limits; to change and provide for the method and manner of adopting ordinances by the Mayor and Council; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3429

Section 1 . An Act incorporating the City of Adel, approved March 17, 1960 (Ga. L. 1960, p. 3055), 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. Corporate Limits. The corporate limits of the City of Adel shall be as follows: Corporate limits. Beginning at a point in the southern portion of the City of Adel, said point being the intersection of the west margin of the Georgia Southern and Florida Railroad and the southeast margin of a certain road commonly called the I-75 south interchange connector road and the Old Adel-Quitman Road, said road is further identified as being designated by the State Highway Department as Federal-Aid secondary route S-1281, thence; from said point of beginning running northeasterly along the east margin of said Federal-Aid secondary route S-1281 approximately 960 feet to a point, said point being the intersection of the east margin of Federal-Aid secondary route S-1281 and the west margin of U. S. Highway 41; thence running southeastwardly along the said west margin of U. S. Highway 41 a distance of 1550 feet more or less to a point, said point being a point on the west margin of U. S. Highway 41 directly opposite to the point of intersection of the centerline of said highway with the centerline of Gordon Avenue; thence crossing U. S. Highway 41 perpendicular to the centerline of said Highway 41 to the east margin of said highway; thence running northwardly along the east boundary of U. S. Highway 41 to a point, said point being the point of intersection of the east margin of Gordon Avenue with the east margin of U. S. Highway 41; thence running northerly along the east margin of Gordon Avenue a distance of approximately 800 feet to a point; said point being the intersection of the east margin of Gordon Avenue and the south margin of Sixteenth Street; thence running eastwardly along the south margin of Sixteenth Street, a distance of 2824.42 feet to the run of Bear Creek; thence running northwestwardly along the run of Bear Creek to a point, said point being the intersection of the south margin of Ninth Street projected eastwardly and the run of Bear Creek; thence running North 75 degrees and 00 minutes East along a line, said line being

Page 3430

an eastward extension of the south margin of Ninth Street 1570 feet more or less to a point, thence running North 16 degrees and 47 minutes West along the east boundary of property of Charles Shiflett, a distance of 2030 feet more or less to a point said point being the southwest corner of property of Jim Paulk; thence running North 84 degrees and 07 minutes East and approximately parallel to Georgia Highway 37, a distance of 460.4 feet to a point; thence running North 8 degrees and 05 minutes East a distance of 309 feet to a point on the north margin of Georgia Highway 37; thence running North 81 degrees and 55 minutes West along the north margin of Georgia Highway 37, a distance of 262 feet more or less to a point; thence running North 6 degrees and 34 minutes East, a distance of 145 feet to a point; thence running North 81 degrees and 55 minutes West a distance of 108 feet more or less to a point on the east margin of Cox Still Road; thence running North 36 degrees and 50 minutes East along the east margin of Cox Still Road a distance of 519 feet to a point; thence running North 78 degrees and 00 minutes West a distance of 1000 feet more or less to the west high watermark of a certain lake formed by the damming of Spring Branch; thence running northerly and easterly along the west high water line of said lake to a point, said point being the point where the run of Spring Branch enters the said lake and being 480 feet more or less north of the north margin of Melba Street; thence running northwardly along the run of said Spring Branch 180 feet more or less to a point, said point being a point in the center of the run of Spring Branch directly opposite the northeast corner of and in line with the north boundary of Lot 8, Block D, Unit 4, of the Spring Branch Estates subdivision; thence running North 66 degrees and 15 minutes West along said North boundary of said Lot 8 a distance of 330 feet more or less to the east margin of Newton Avenue; thence running North 66 degrees and 15 minutes west a distance of 50 feet across the right-of-way of said Newton Avenue to a point on the west margin of said Newton Avenue; thence running South 23 degrees and 45 minutes West along the west margin of Newton Avenue a distance of 68 feet more or less to a point, said point being a point of intersection of the north margin of Gloria Street with the west margin of Newton

Page 3431

Avenue; thence running South 75 degrees and 56 minutes West along the north margin of said Gloria Street, a distance of 1017 feet more or less to a point said point being the point of intersection of the north margin of Gloria Street with the east margin of Bear Creek Road; thence running northwardly along the east margin of Bear Creek Road a distance of 1740 feet more or less to a point; said point being a point on the east margin of the Bear Creek Road, 595 feet south of the south margin of the Old Adel-Nashville Road; thence running in an eastwardly direction perpendicular to the Bear Creek Road a distance of 200 feet; thence running in a northerly direction and parallel to the Bear Creek Road a distance of 595 feet to a point on the south margin of the Old Adel-Nashville Road; thence running westwardly along the south margin of the Old Adel-Nashville Road a distance of 200 feet to the east margin of Bear Creek Road; thence running northward across the Old Adel-Nashville Road and thence along the east boundary of Bear Creek Road Extension a distance of 2140 feet more or less to a point, said point being 840 feet north of the centerline of Sherwood Road; thence running South 74 degrees and 40 minutes East along an existing fence line, a distance of 725 feet more or less to a point on the east margin of the Massey Post Road; thence running northwardly along the east margin of said road a distance of 1335 feet more or less to a point; thence running North 64 degrees and 55 minutes West along an existing fence line, a distance of 430 feet more or less to a point on the east margin of Bear Creek Road Extension; thence running northerly along the east margin of said road to a point where the east margin of said road intersects the west margin of the Massey Post Road; thence crossing the Massey Post Road and on a line perpendicular to said Massey Post Road to a point on the east margin of said road; thence running in a northeasterly direction along the east margin of the Massey Post Road a distance of 2574 feet more or less to a point, said point being the point of intersection of the line of the north margin of the Sparks-Massey Road extended eastwardly and the east margin of the Massey Post Road; thence running North 82 degrees and 59 minutes West along the north margin of the Sparks-Massey Road a distance of 2695.52 feet to a point; thence running South 7 degrees

Page 3432

and 00 minutes West, a distance of 2020.0 feet to a point, thence running South 50 degrees and 38 minutes West a distance of 405.0 feet to a point; thence running South 0 degrees and 36 minutes East, a distance of 520.0 feet to a point, said point being on the north L. L. line of Land Lot 316, 9th Land District; thence running South 89 degrees and 22 minutes West along said north line of L. L. 316 to the northwest corner of Land Lot 316; thence running southward along the west L. L. line of Land Lot 316 a distance of 1470 feet more or less to the north boundary of Oak Terrace Estates Subdivision; thence continuing running South 1 degree and 04 minutes East along the west L. L. line of L. L. 316 which is also the west margin of Oak Terrace Estates Subdivision, sections 1 and 2, said west margin being parallel to and approximately 150 feet west of Beckenridge Drive, a distance of 1798.00 feet to a point, said point being on the north margin of the Adel-Massey Road, otherwise known as Mitchell Street; thence running westwardly along the north margin of said Mitchell Street to a point, said point being the point of intersection of the north boundary of Mitchell Street and the center of the run of Bear Creek; thence running northwesterly along the center of the run of Bear Creek to a point, said point being the point of intersection of the center of the run of Bear Creek and the center of run of Giddens Mill Creek; thence running westwardly along the center of the run of said Giddens Mill Creek to a point, said point being the point of intersection of the center of the run of Giddens Mill Creek with the east margin of the Georgia Southern and Florida Railroad right-of-way; thence running southward along said east margin of said Georgia Southern and Florida Railroad right-of-way to a point, said point being the point of intersection of the said east margin of the right-of-way of the Georgia Southern and Florida Railroad with the north margin of a certain unnamed paved county road which is identified here as a westward extension of Mitchell Street; thence running westwardly along the north margin of said unnamed paved road, a distance of 9900 feet more or less to a point, said point being on the north margin of said unnamed paved road directly opposite from the point of intersection of the south margin of said unnamed paved road and the north margin of Georgia Highway 37; thence running from said

Page 3433

point on a line perpendicular to the tangent of the unnamed road to the point of intersection of the north margin of Highway 37 with the south margin of the unnamed road; thence running on a line perpendicular to Georgia Highway 37 to a point on the south margin of Georgia Highway 37; thence running east along the south margin of Georgia Highway 37, a distance of 870 feet more or less to the east margin of a certain graded county road said east margin of said road being the west boundary of the Cook County Airport property; thence running South 1 degree and 24 minutes West along the east margin of said road a distance of 1408.75 feet to a point; thence running South 23 degrees and 53 minutes West along the east margin of said road a distance of 2117.09 feet to a point; thence leaving the said county road and running along a fence line South 1 degree and 29 minutes East, a distance of 1814.65 feet to a point; thence running North 88 degrees and 14 minutes East along a fence line a distance of 1061.84 feet to a point; thence running North 44 degrees and 32 minutes East along a fence line, a distance of 2250.00 feet to a point; thence running South 45 degrees and 28 minutes East along a fence line 950.00 feet to a point; thence running North 49 degrees and 15 minutes East along a fence line 90 feet more or less to a point on the southwest margin of a certain graded county road; thence running southward along the west margin of said graded county road a distance of 2950 feet more or less to the south margin of a certain graded county road, commonly called the County Farm Road; thence running eastwardly along the south margin of said county road a distance of 3180 feet more or less to a point on the north margin of said County Farm Road, said point is further described as being 297.0 feet west of the centerline of the Adel-Berlin Road; thence running South 7 degrees and 40 minutes West, a distance of 406.46 feet to the west margin of the Adel-Berlin Road; thence running South 37 degrees and 49 minutes West along the west margin of said Adel-Berlin Road a distance of 372.94 feet to a point; thence continuing to run along the west margin of said Adel-Berlin Road South 47 degrees and 01 minutes West, a distance of 920.46 feet to a point; thence continuing to run along the west margin of said Adel-Berlin Road South 36 degrees and 31 minutes

Page 3434

West a distance of 343.18 feet to a point, said point being on the west margin of the Adel-Berlin Road and being 280.5 feet north of the run of Morrison Creek; thence running South 54 degrees and 06 minutes East a distance of 439.70 feet to a point; thence running South 47 degrees and 14 minutes East a distance of 459.83 feet to a point on the west margin of the Adel-Quitman Road, said road is further described as being the Georgia State Highway 76; thence running South 36 degrees and 51 minutes West along the west margin of said Georgia Highway 76 a distance of 233.7 feet to the center of the run of Morrison Creek; thence running eastwardly along the center of the run of Morrison Creek a distance of 4000 feet more or less to a point on the south margin of the Old Adel-Quitman Road; thence running eastwardly along the south margin of said Old Adel-Quitman Road a distance of 1408 feet more or less to the centerline of Interstate Highway I-75; thence continuing to run along the south margin of the Old Adel-Quitman Road, a distance of 900 feet more or less to a point, said point being 68.80 feet southwest of the point where the Old Adel-Quitman Road right-of-way reduces from 100 feet width to 80 feet width, said last point also being the east end of the construction right-of-way for the I-75 interchange; thence running South 0 degrees and 38 minutes West along an existing dirt drive a distance of 217.08 feet to a point; thence running South 13 degrees and 33 minutes East a distance of 114.03 feet to a point; thence running North 88 degrees and 09 minutes East a distance of 301.41 feet; thence running North 0 degrees and 58 minutes West along a fence line, a distance of 419.75 feet to a point, said point being a point on the south line of the original northeast quarter of Land Lot 376 of the 9th Land District; thence running North 88 degrees and 22 minutes East, along the south line of the said northeast quarter of Land Lot 376, a distance of 1370 feet more or less to a point on the west margin of a certain graded county road; thence running northward along the said county road a distance of 215 feet more or less to a point; thence crossing said county road and running approximately North 89 degrees and 00 minutes East along a fence line, a distance of 950 feet more or less to a point on the west margin of the Georgia Southern and Florida Railroad; thence running

Page 3435

northward along the west margin of said railroad a distance of 2225 feet more or less to the point of intersection of the southwest margin of the Old Adel-Quitman Road and the west margin of the Georgia Southern and Florida Railroad, said point being the point of beginning. Section 2 . Said Act is further amended by striking in its entirety subsection (B) of section 5, relating to the City Council, and inserting in lieu thereof a new subsection (B) of section 5 to read as follows: (B) The council of the City of Adel shall be the legislative body. It may pass all ordinances for the government of the city. Ordinances shall be proposed and read at either a special or regular meeting of the council and shall be adopted at either a special or regular meeting, provided that either the proposal and reading of the adoption, one or the other, shall be done in a regular meeting; and provided further that at least six days shall lapse between the proposal and reading and the adoption; and provided further that a copy of the proposed ordinance shall be posted on the bulletin board of the City Hall from the day after its proposal until its adoption. The mayor may veto any ordinance passed by the council, in which event such ordinance shall become null and void unless it shall be repassed by four (4) of the members of the council. The council shall fix an annual budget for the city and approve all expenditures made by the city. The council of the city, upon the advice of the mayor of the city, shall prescribe the compensation for all city employees and officials except that of the mayor and councilmen. Legislative body. 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 application will be made to the 1971 session of The General Assembly of Georgia for passage of a bill amending the Charter of the City of Adel, which, if adopted will provide for: (1) Enlarging and redefining

Page 3436

the limits of the City. (2) Changing the method by which ordinances are adopted. Virgil D. Griffis Attorney, For City of Adel. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Grover C. Patten 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 Adel News which is the official organ of Cook County, on the following dates: January 13, 20 and 27, 1971. /s/ Grover C. Patten Representative, 63rd District Sworn to and subscribed before me, this 22nd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. CITY OF DECATURCHARTER AMENDED. No. 601 (House Bill No. 776). An Act to amend an Act creating a new charter for the City of Decatur in DeKalb County, Georgia, approved Augusta 17, 1909 (Ga. L. 1909, p. 757), as amended, so as to provide for an additional member of the Board of Education of the City of Decatur; to provide for terms

Page 3437

of office; to provide for Posts; to provide for other matters relative thereto; 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 Decatur in DeKalb County, Georgia, approved August 17, 1909 (Ga. L. 1909, p. 757), as amended, is hereby amended by adding after section 45 a new section to be known as section 45A to read as follows: Section 45A. Effective May 1, 1971, the Board of Education of the City of Decatur shall be composed of six members, and membership on the Board shall be designated by Posts as follows: Post No. 1 shall be the position now occupied by Mr. John H. Weitnauer, Jr. Post No. 2 shall be the position now occupied by Mrs. Hilda Daly. Post No. 3 shall be the position now occupied by Mr. John F. Ingram, Jr. Post No. 4 shall be the position now occupied by Mr. Scott Candler, Jr. Post No. 5 shall be the position now occupied by Mrs. Clark R. Kjorlaug. Post No. 6Not now occupied. For Post No. 1 a successor to Mr. Weitnauer, whose term expires December 31, 1971, shall be elected for a term of one year, which shall expire December 31, 1972. Thereafter all successors shall serve for a term of six years. For Post No. 2 a successor to Mrs. Daly, whose term expires December 31, 1971, shall be elected for a term of

Page 3438

six years, which shall expire December 31, 1977. Thereafter all successors shall serve for a term of six years. For Post No. 3 a successor to Mr. Ingram, whose term expires December 31, 1973, shall be elected for a term of six years, which shall expire December 31, 1979. Thereafter all successors shall serve for a term of six years. For Post No. 4 a successor to Mr. Candler, whose term expires December 31, 1973, shall be elected for a term of one year which shall expire December 31, 1974. Thereafter all successors shall serve for a term of six years. For Post No. 5 a successor to Mrs. Kjorlaug, whose term expires December 31, 1975, shall be elected for a term of six years, which shall expire December 31, 1981. Thereafter all successors shall serve for a term of six years. For Post No. 6 a member of the Board shall be elected to take office May 1, 1971, for a term to expire December 31, 1976. Thereafter all successors shall serve for a term of six years. The six-member Board provided for in this section shall be a continuation of the five-member Board existing heretofore. 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 Decatur intends to apply for passage of local legislation at the regular 1971 Session of the General Assembly of Georgia to amend an Act approved August 17, 1909 (Ga. L. 1909, p. 757) creating and establishing a new Charter for the City of Decatur, Georgia, as amended, the title to which Bill or Bills will be as follows: An Act to amend an Act entitled An Act Creating and Establishing a New Charter for the City of Decatur approved August 17, 1909, as amended, and for other purposes.

Page 3439

This 21st day of January, 1971. Wiley S. Ansley, Chairman of the City Commission 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, Intent to Apply for Local Legislation was duly published once a week for 3 weeks as required by law, the dates of publication being January 28, February 4, and February 11, 1971. /s/ Britt Fayssoux Sworn to and subscribed before me, this 11th day of February, 1971. /s/ Carol E. Wheeler, Notary Public, Georgia, State at Large. My Commission Expires Feb. 21, 1971. (Seal). Approved April 10, 1971. WASHINGTON COUNTYCOMPENSATION OF FULL-TIME DEPUTY TAX COMMISSIONER CHANGED. No. 607 (House Bill No. 802). An Act to amend an Act creating the office of tax commissioner of Washington County, approved March 10,

Page 3440

1933 (Ga. L. 1933, p. 749), as amended, particularly by an Act approved February 28, 1967 (Ga. L. 1967, p. 2077), and an Act approved February 16, 1970 (Ga. L. 1970, p. 2049), so as to change the compensation of the full-time deputy tax 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 tax commissioner of Washington County, approved March 10, 1933 (Ga. L. 1933, p. 749), as amended, particularly by an Act approved February 28, 1967 (Ga. L. 1967, p. 2077), and an Act approved February 16, 1970 (Ga. L. 1970, p. 2049), is hereby amended by striking section 7A in its entirety and inserting in lieu thereof a new section 7A, to read as follows: Section 7A. The tax commissioner is authorized to employ a full-time deputy to assist him in the performance of his duties. Said deputy shall receive an annual salary of $4,800.00, payable in equal monthly installments from the funds of Washington County. In addition to the full-time deputy, the tax commissioner is authorized to employ during the months of January, February and March of each year, three additional assistants. Said additional assistants shall receive such compensation as the tax commissioner shall provide; however, the total compensation to be paid to all such additional assistants shall not exceed the sum of $2,250.00 per annum, beginning January 1, 1970. Said compensation shall be paid from the funds of Washington County. Salary. 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 at the regular 1971 session of General Assembly of Georgia, a bill to amend an act creating the office of Tax Commissioner of Washington County approved March 10, 1933 (Ga.

Page 3441

L. 1933, p. 749), as amended, so as to change the compensation of the full time Deputy Tax Commissioner; and for other purposes. This the 2nd day of February, 1971. Tom C. Carr, Rep., 35th District Wash. Co. Georgia, Washington County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jesse Mize, who on oath, deposes and says that he is the publisher of the Sandersville Progress and that the attached copy of Notice to Introduce Local Legislation was published in the Sandersville Progress, which is the official organ of said County, on the following dates: February 4th, 11th and 18th, 1971. /s/ Jesse Mize, Publisher of the Sandersville Progress Sworn to and subscribed before me, this 22nd day of February, 1971. /s/ Thomas Mathews, Notary Public, Washington County, Ga. My Commission Expires May 22, 1973. (Seal). Approved April 10, 1971. DUTIES OF SUPERIOR COURT CLERKS IN CERTAIN COUNTIES.(2,300-2,400). No. 608 (House Bill No. 803). An Act to provide that in certain counties of this State the clerk of the superior court shall attend the trial in

Page 3442

the court of ordinary of all cases for violation of traffic laws within said counties; to provide for fees in connection therewith; to specifically repeal a certain Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . In any county of this State having a population of not less than 2,300 or more than 2,400 according to the United States decennial census of 1970 or any future such census, the clerk of the superior court of any such county shall attend the trial in the court of ordinary of all cases for violation of traffic laws within any such county, and said clerk shall record the pleas and judgment in their respective offices and shall receive a fee of $4.00 for attending the trial and recording the proceedings. Said fee shall be paid out of the cost assessed by the ordinary in such cases. Section 2 . An Act entitled An Act to provide in the counties of the State of Georgia having a population of not less than three thousand (3,000) nor more than three thousand two hundred and fifty (3,250), according to the Federal census of 1960, and any future Federal census, that the clerk of the superior court shall attend the trial in the court of ordinary of all cases for violation of all traffic laws in said county; to provide for the cost of same; and for other purposes., approved April 4, 1967 (Ga. L. 1967, p. 2485), is hereby repealed in its entirety. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1971. CITY OF ELLAVILLECHARTER AMENDED. No. 610 (House Bill No. 805). An Act to amend an Act creating a new charter for the City of Ellaville, approved August 14, 1914 (Ga. L. 1914,

Page 3443

p. 740), as amended, particularly by an Act approved February 8, 1950 (Ga. L. 1950, p. 2254), so as to change the office of the city clerk-recorder from an elected office to an appointed office; to provide for all matters relative thereto; 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 Ellaville, approved August 14, 1914 (Ga. L. 1914, p. 740), as amended, particularly by an Act approved February 8, 1950 (Ga. L. 1950, p. 2254), is hereby amended by inserting at the end of section 4 the following: Provided, however, that from and after the first day of January, 1972, the city clerk and recorder shall be appointed by the Mayor and Council at their first meeting in January, 1972. The said city clerk-recorder shall hold office at the pleasure of the Mayor and Council. Thereafter the office of city clerk-recorder shall be an appointive, rather than an elective office., so that when so amended section 4 shall read as follows: Section 4. That an election shall be held in the City Council Chamber in the City of Ellaville, on the second Tuesday in December, 1950, for Mayor, five Councilmen and Recorder, at which election the Mayor and two Councilmen shall be elected for a term of two years, or until their successors are elected and qualified, and the remaining three Councilmen and the Recorder shall be elected for a term of one year or until their successors are elected and qualified. In 1951 a similar election shall be held to select Councilmen for a term of two years to fill the places becoming vacant at the end of 1951, and a Recorder shall be elected at the same time for a term of two years. Annually thereafter a similar election shall be held to fill all said places becoming vacant at the end of the year. The said Mayor, Councilmen and Recorder shall then be serving terms of two years each and until their successors are elected and qualified. Provided, however, that from and after the first day of January, 1972, the city clerk and

Page 3444

recorder shall be appointed by the Mayor and Council at their first meeting in January, 1972. The said city clerk-recorder shall hold office at the pleasure of the Mayor and Council. Thereafter the office of city clerk-recorder shall be an appointive, rather than an elective, office. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice. Resolution. Whereas, Julian I. Bonner, the duly elected Clerk and Recorder for the City of Ellaville, has tendered his resignation to that office, which resignation has been accepted; And whereas the office of Clerk-Recorder is now vacant; And whereas the Mayor and Council have appointed a Clerk to act as Clerk to the Mayor and Council until such time as the vacancy can be filled; And whereas it is the considered opinion of the Mayor and Councilmen that the office should no longer be an elected office but should be an appointive office to be filled by appointment of the Mayor and Councilmen; Now therefore be it resolved that the Legislators representing this Legislative District be called upon to introduce legislation at the 1971 Session of the General Assembly to abolish the office of Clerk-Recorder as an elective office and provide that it shall be an appointive office to be appointed by the Mayor and Councilmen and to serve at their pleasure. Adopted at a regular meeting of the Mayor and Councilmen of the City of Ellaville held on the 8th day of June, 1970. E. R. Culpepper, Acting City Clerk

Page 3445

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Oliver Oxford, 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 Ellaville Citizen, which is the official organ of Schley County, on the following dates: January 28, February 4 and February 11, 1971. /s/ Oliver Oxford Representative, 46th District Sworn to and subscribed before me, this 23rd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. CITY OF EAST POINTCHARTER AMENDEDCORPORATE LIMITS. No. 611 (House Bill No. 807). An Act to amend an Act establishing a new charter for the City of East Point, Fulton County, approved August 19, 1912, (Ga. L. 1912, p. 862, et seq.), and the several acts amendatory thereof and especially the Act approved March 5, 1957, (Ga. L. 1957, p. 2429, et seq.), as amended; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing a new charter for the

Page 3446

City of East Point in Fulton County, approved August 19, 1912, (Ga. L. 1912, p. 862, Et Seq.), and the several acts amendatory thereof and especially the Act approved March 5, 1957, (Ga. L. 1957, p. 2429, Et Seq.), as amended, is hereby further amended as follows: Section 2 . All that area of Fulton County in Land Lot 32 of the 13th District of Fulton County, Georgia, embraced within the following boundary line is hereby incorporated in and annexed to the City of East Point, as a part of Ward D of said City, to-wit: BEGINNING at a point marked by an iron pin at the southeast corner of said Land Lot 32, said point being the common corner of Land Lots 32, 31, 34 and 33 of said District and County, said point also being on the line dividing the unincorporated area of Fulton County and the City of East Point; from said point running thence west along the south line of said Land Lot 32, five hundred forty-five and eight tenths (545.8) feet to a point on the easterly right-of-way line of Campbell Road, (having a right-of-way of 50 feet); thence running in a northerly direction along the easterly right-of-way line of Campbell Road, and following the curvature thereof, four hundred forty-three (443) feet to a point at the southwest corner of property now or formerly owned by Mrs. Grace M. Wilkins and acquired by her by Warranty Deed recorded in Deed Book 4916, Page 321, said Records; thence running east along the south line of said Wilkins property, one hundred ninety-eight and five tenths (198.5) feet to a point; thence running in a northerly direction along the easterly line of said Wilkins property, eighty-one and five tenths (81.5) feet to a point on the south line of property now or formerly owned by Minnie Culpepper Zeanah and acquired by her by Warranty Deed recorded in Deed Book 4913, Page 504, said Records; thence running east along the south line of said Zeanah property, forty (40) feet to a point; thence running in a northerly direction along the easterly line of said Zeanah property, one hundred (100) feet to a point; thence running west along the north line of said Zeanah property, two hundred forty (240) feet to a point on the northeasterly right-of-way line of Campbell Road; thence running in a northwesterly

Page 3447

direction along the northeasterly right-of-way line of Campbell Road, one hundred (100) feet to a point; thence running east six hundred twenty-nine and six tenths (629.6) feet to a point on the east line of said Land Lot 32, said point also being on the line dividing the unincorporated area of Fulton County and the City of East Point; thence running south along said Land Lot line, seven hundred thirty-eight and nine tenths (738.9) feet to a point at the southeast corner of said Land Lot 32, which point is the point of beginning. Section 3 . All of the governmental rights, jurisdiction, power and authority of the City of East Point and all of its officers, agencies, departments and authorities is hereby extended over all of said annexed territory and the inhabitants thereof. Section 4 . All laws and parts of laws in conflict herewith are hereby repealed. Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of East Point intends to apply for the passage of local legislation at the 1971 Regular Session of the General Assembly of Georgia, which convenes in January, 1971, 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 2nd day of December, 1970. City of East Point by Ezra E. Phillips as its City Attorney East Point City Hall East Point, Ga. 30344

Page 3448

Georgia, Fulton County. 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 7, 14, 21, 28 days of December, 1970, and on the 4, 11, 18, 25 days of January, 1971 and 1, 8th days of February, 1971 as provided by law. /s/ Mildred N. Lazenby Subscribed and sworn to before me, this 10th day of February, 1971. /s/ Maiodis F. Palmer, Notary Public Georgia, State at Large. My Commission Expires Jan. 19, 1972. (Seal). Approved April 10, 1971. BOARD OF COMMISSIONERS OF TELFAIR COUNTY CREATEDREFERENDUM PROVIDED. No. 612 (House Bill No. 812). An Act to create a board of commissioners of Telfair County; to provide for the membership of said board; to provide for the qualifications of the commissioners; to provide for an initial and subsequent election of said commissioners; to provide for terms and compensation of said commissioners; to provide for a clerk of said board of commissioners and his compensation; to provide for bonding of said commissioners and clerk; to provide for the oath of said commissioners; to provide for the filling

Page 3449

of vacancies on said board of commissioners; to provide for meetings of said commissioners and the organization of said board of commissioners; to provide for an audit of county books at certain times; to provide for a chairman and vice-chairman of said board of commissioners and their powers and duties; to provide for a clerk of said board, his powers, duties and bond; to provide for purchases and financial dealings of said board of commissioners; to provide for a superintendent of roads and bridges and his powers, duties and compensation; to provide for the audit of the books of certain county officials and the publication of such audit; to provide for the powers and duties of said board of commissioners; to provide for contributions to said board of commissioners; to provide for certain prohibitions against the members of said board and the clerk of said board; to provide for a quarterly report of all receipts and disbursements of county funds; to repeal a specific Act; to provide an effective date; to provide for a referendum for this Act; 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 Telfair County to be composed of three (3) members to be elected as hereinafter provided. The six (6) election districts in the county shall be combined into three (3) districts for the purpose of qualifying for county commissioners. The McRae and Scotland Districts shall constitute one District; the Lumber City and Jacksonville Districts shall constitute a second District; the Helena and Milan Districts shall constitute a third District. One commissioner shall be elected from each of these three (3) Districts. In any election for a county commissioner post, in order for one to be duly elected, he must receive a majority of the votes cast; and if neither candidate receives a majority of the votes cast at the election, there must be a run-off election between the two candidates receiving the highest number of votes cast, and the one receiving the highest number of votes in the run-off election shall be declared the duly elected commissioner from that district. Though candidates must reside in the district in order to run for the district

Page 3450

post of county commissioner, all persons seeking any post for county commissioner will be voted on countywide. Each commissioner shall reside in the district he represents, and no person shall be eligible to be elected to represent a district unless he shall be of good moral character, not less than twenty-five (25) years of age, a resident of Telfair County for a period of four years, a resident of the district which he represents for a period of one year, and qualified to vote for State officials. The commissioner who shall move his residence from the district that he represents shall automatically terminate his office, and the vacancy shall be filled as hereinafter provided. Creation Districts. Eligibility. Section 2 . In the event this Act is approved by the referendum hereinafter provided, the first election for county commissioners shall be held on the date of the general election in said county in 1972. Thereafter, an election for county commissioners shall be held every four years on the date of the general election, and such commissioners shall take office on January 1 immediately succeeding the election. The first county commissioners shall take office on January 1, 1973, and shall hold office for four years and until their successors are elected and qualified. Election. The board of commissioners shall elect a chairman who shall serve at the pleasure of the board. The chairman shall be compensated in the amount of $200.00 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 $400.00 per month. The total compensation to the chairman, the county commissioners and the clerk shall not exceed $9,600.00 per year, except for expenses which may be paid the commissioners as hereinafter provided. Such compensation set out herein shall be paid from the funds of Telfair County. No members of said board shall receive any other compensation for any services or expenses incurred within the county of Telfair, but may be reimbursed for their expenses as provided for hereinafter. Should it become necessary for any member of said board to transact business for the county outside the limits of the county, then his or their expenses shall be paid out of the general funds of the county, when and only

Page 3451

after said itemized expense account has been approved by the judge of the superior court of Telfair County. Chairman Salaries. Section 3 . Before entering upon the discharge of their duties, each member of the board of commissioners of Telfair County, shall give bond in the sum of twenty thousand ($20,000.00) dollars, except the chairman of said board who shall give bond in the sum of fifty thousand ($50,000.00) dollars, with some responsible surety company authorized to do business in Georgia, as his surety, payable to and approved by the ordinary of said county, and conditional for the faithful performance of the duties of the office, and the full and true accounting for all monies, funds and effects of said county coming into their hands or going into their custody, posession, and be filed in the office of the ordinary and be there recorded and safely kept. The premiums on said bonds shall be paid by said county. Bonds. Section 4 . In addition to the oath required of all county officers, such commissioners shall take an additional oath to perform the duties of their office truly and faithfully, to the best of their skill and knowledge, and to account for all money, property and effects of such county, going into their possession, custory or control and or expended by or under their direction. Oath. Section 5 . All vacancies on the board of commissioners of Telfair County shall be filled by appointment of the grand jury next convening after the vacancy occurs. The commissioner so appointed shall serve for the remainder of the unexpired term and until a successor is elected and qualified. Vacancies. Section 6 . Said board of commissioners shall hold at least two regular meetings each month, and the initial meeting shall be properly advertised so that the public will be notified and may appear before the board for any purpose. The board may conduct special meetings at any time. At the first meeting of the board, the former commissioner of Telfair County shall turn over to the board, all records, books and official records pertaining and belonging to said county connected with the business of said county, together

Page 3452

with all county property, with a full inventory of the same, and a full and complete statement showing the financial condition of the county. A complete audit of the books of said county may be made at this time by a certified public accountant. At this meeting, or as soon thereafter as practicable, the board of commissioners shall organize by electing one of the members as chairman and one as vice-chairman, and any chairman or vice-chairman shall hold his office until his successor is elected. Nothing herein shall prevent the reelection of any chairman or vice-chairman. Meetings. Audit. The vice-chairman shall, in the absence or disqualification of the chairman or during the vacancy in office of chairman, perform and discharge all duties of the chairman, and in the event of a vacancy in the office of chairman or vice-chairman the same shall be filled by the board at its next regular meeting after such vacancy becomes known. The chairman shall be the chief executive of the board. He shall see that all orders, resolutions, and rules of said board are faithfully filled and impartially executed and enforced, and that all the officers, employees and agents of said board faithfully and impartially discharge the duties required of them. He shall have the general supervision of the affairs of the county, acting under orders of the board, and shall preside at all meetings of the board. He shall have the power to convene the board in extra session upon his own motion or upon the written request of two (2) other members of the board, and shall do so whenever two (2) other members make such request in writing. Any two members of said board shall constitute a quorum. Vice-chairman. Section 7 . Said board of commissioners are hereby authorized to elect a clerk. Any citizen of said county, not a member of said board shall be eligible to hold said office of clerk of said board of commissioners, and shall receive a salary for his services to be fixed by said board, but not to exceed $400.00 per month, which salary shall be paid in equal monthly installments. Said clerk before entering upon his duties shall give bond, with some responsible surety company, authorized to do business in Georgia, as his surety, in the sum of fifty thousand ($50,000.00) dollars, to be approved by said board of commissioners, the premium on said

Page 3453

bond to be paid by the county, payable to the ordinary of said county and his successors in office, and conditional for the faithful performance of his duties as such clerk, and to account for any and all funds, property or effects which may come into his hands as such clerk or otherwise, which said bond shall be filed with the ordinary of said county, and recorded on his minutes, and may be sued on in like manner as the bond of said commissioners. He shall keep minutes of all meetings of said board of commissioners, an inventory of all properties, and such books and records as may be required of him by said board of commissioners, and do such other acts and things as may be required of him by law or by said board of commissioners. The clerk shall serve at the pleasure of the board. Clerk. Bond. Duties. Section 8 . The board of commissioners, either themselves or their duly appointed agents, shall purchase all equipment, material and supplies necessary for said county, of such kind and quality and in such quantities as may be needed, and wherever practicable, purchases of all equipment, materials and supplies shall be by competitive bids, which bids shall be kept on file in the office of the commissioners and subject to inspection by the grand jury or other interested citizens. All purchases shall be charged to Telfair County; and before bills therefor are submitted to the board for approval, they shall be audited and payment therefor recommended by the parties making such purchase; and if approved by the board of commissioners at a regular meeting of said board, said approval shall be endorsed on said bills by the chairman and a list thereof entered upon the minutes of the board, and when this is done warrants therefor shall be regularly drawn, which warrants shall be signed by the chairman and clerk as well as all other warrants drawn on the treasurer shall be signed before payment thereof is made, except that in the absence of the chairman, said vice-chairman shall be authorized to sign warrants. Purchases. Section 9 . The board of commissioners may at their discretion, and when they deem necessary, elect a superintendent of roads and bridges. Said superintendent shall give his entire time to said duties as such superintendent and shall not engage in any other business. He shall receive such

Page 3454

salary as may be fixed by the board of commissioners, and shall hold his position at the pleasure of the board of commissioners. Superintendent of roads and bridges. Section 10 . The board of commissioners may have the books and accounts of the tax commissioner; custodian of all county funds; sheriff; superintendent of schools; board of commissioners and such other officers as may be necessary, audited by a certified public accountant of this State after they take charge of the affairs of said county to cover such period as they deem advisable, and every year thereafter. Said audit shall be filed in the office of said board of commissioners of roads and revenues of said county, and shall at all times be subject to inspection by any citizen or taxpayer of said county. A summary of said audit shall be published in the official organ of Telfair County within thirty (30) days after it shall have been completed. Audits. Section 11 . The said board of commissioners shall have, and they are hereby vested with exclusive jurisdiction and control over, the following to-wit: In directing, controlling and caring for all the property of the county according to law; in levying taxes according to law; in establishing, altering, abolishing public roads, private roads, private ways, bridges and ferries, according to law; in establishing, abolishing, or changing election precincts and militia districts according to law; in supervising the tax-commissioner's books; and in allowing the insolvent lists, for said county, according to law; and in settling all claims against the county; examining and auditing all claims and accounts of officers having the care, management, keeping, collecting, or disbursement of money belonging to the county, or appropriating for its use or benefit, and bringing them to settlement; and especially are they charged with frequently examining and auditing the books of all officers through whose hands any county funds must pass; they may require from all such officers, subject to an examination, such reports as may be necessary to keep such board of commissioners, fully informed at all times, of the financial condition of the county; in controlling, caring for and managing the convicts of the county, according to law; in making rules, regulations and provisions for the support of the poor of the county, according

Page 3455

to law; in promoting and preserving the public health of the county, with authority to quarantine against contagious diseases and epidemics, according to law; in regulating and fixing licenses fees as may be provided by law; to sue and be sued in the name of Telfair County; to exercise the power of eminent domain in the manner described by law; and generally to have and exercise all powers heretofore vested in the commissioner of said county when sitting for county purposes; and to exercise such other powers as are granted by law or as may be indispensable to the jurisdiction over county matters or county finance; in selecting and appointing all minor officers of the county whose election or appointment is not otherwise fixed by law, such as superintendent and guards and public work forces, janitor of the court house, superintendent of pauper farm should one be established, county physician and health officer, tax assessors, and county policeman, and other officers and guards as needed and authorized by law; and such board shall have the authority to employ a competent attorney at law, resident of the county, as county attorney to 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 as the board of commissioners may direct, out of the regular funds of the county, with authority of said board of commissioners to fix his term of office or to discharge him at any time; in regulating peddling licenses according to law. Said board shall have entire control of the prisoners sentenced to work upon the roads or works of said county by the proper authorities of the State assigned to the county by the proper authorities of the State and shall so employ them according to law, and under such plans of working, building, repairing, and maintaining the public roads, bridges and works of said county as may now or hereafter be adopted or enforced by law in said county. Powers. Section 12 . Said Board of Commissioners may receive contributions for the improvement of the public roads or bridges of the county from persons who own property along the same, or from any other person or persons, or from the State government, or the United States government, or from any corporation or firm who may be interested in the improvement of the roads and bridges, and such contributions

Page 3456

when received shall be used for the improvement of the roads or bridges designated by the contributor. Contributions. Section 13 . It shall be unlawful for any member of said board or the clerk of said board to have any financial interest in the sale or purchase of any article to or from the county, or to receive any rebate, expense account, transportation, or other valuable consideration in connection with or through the purchase of any equipment, materials or supplies for the county, or the awarding of any contract for said county; and if any commissioner, or the clerk of said board, shall knowingly or wilfully violate any provision of this section, he shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed by law and shall forfeit his office or be discharged from employment. Conflict of interest. Section 14 . The board of commissioners shall publish not less than quarterly a report of all receipts and all disbursements of county funds. Report. Section 15 . Not less than 10 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 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 referendum for a day not less than 30 nor more than 90 days after the issuance of the call. The Ordinary shall cause the date and purpose of the referendum to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Telfair County, and any other newspaper published in the county, if he desires to publish the same in another paper in addition to the official organ of the county. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act abolishing the office of commissioner of Telfair County and creating the board of commissioners of Telfair County be approved? Referendum. All persons desiring to vote in favor of the Act shall vote

Page 3457

Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall 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 16 . Section 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. All other provisions of this Act shall become effective January 1, 1973. Effective date. Section 17 . Effective December 31, 1972, an Act creating a commissioner of Telfair County (formerly known as the commissioner of roads and revenue), approved August 27, 1931 (Ga. L. 1931, p. 566), as amended by an Act approved March 24, 1939 (Ga. L. 1939, p. 746), an Act approved February 23, 1945 (Ga. L. 1945, p. 776), an Act approved February 25, 1949 (Ga. L. 1949, p. 1885), an Act approved February 5, 1952 (Ga. L. 1952, p. 2041), an Act approved February 23, 1953 (Ga. L. 1953, p. 2527), an Act approved February 23, 1953 (Ga. L. 1953, p. 2525), an Act approved November 30, 1954 (Ga. L. 1955, p. 2439), an Act approved March 10, 1959 (Ga. L. 1959, p. 2756), an Act approved April 6, 1967 (Ga. L. 1967, p. 2733), and an Act approved April 18, 1969 (Ga. L. 1969, p. 2975), is hereby repealed in its entirety. Repeals. Section 18 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3458

Notice of Intention to Introduce Local Legislation. Georgia, Telfair County. To Whom It May Concern: Notice is hereby given that the undersigned, members of the General Assembly of Georgia, will introduce legislation in the next regular 1971 session of the General Assembly of Georgia to establish a Board of County Commissioners for Telfair County; to provide for the election of such Commissioners; to define their duties and powers and provide for their compensation; to provide a clerk for said Commissioners; to provide for the proper supervision of their accounts and the auditing of their books; to provide that such Board will come into existence upon the expiration of the term of office of the present County Commissioner of Telfair County and in lieu thereof; to provide for three (3) districts in Telfair County whereby one (1) Commissioner shall be elected from each of the three districts, but shall be voted on County wide; to provide for the manner of election of each Commissioner; to provide for the election of the Chairman of said Board by said Board; to provide that statements be published monthly of the receipts and expenditures of said office; to provide all other details regarding the election of the authority of said Board of Commissioners; to repeal all conflicting laws; to provide that said Board will be established and set up for Telfair County only if the passage of such legislation by the General Assembly of Georgia and, in addition thereto, only after the same shall be passed by a majority vote of those casting ballots thereon in a local referendum in Telfair County to be held for such purpose; to provide for such referendum; and for other purposes. This notice is given pursuant to the laws of the State of Georgia.

Page 3459

This 29th day of December, 1970. Guy Tripp, Representative for District 49, Post 1. Billy W. Walker Attorney at Law, McRae, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Guy Tripp 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: December 31, 1970; January 7, January 14, 1971. /s/ Guy Tripp Representative, 49th District Sworn to and subscribed before me, this 24th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY CREATED. No. 613 (House Bill No. 813). An Act to create the Downtown Marietta Development Authority; to provide for the appointment of the members

Page 3460

of the Authority and their terms of office; to provide for a recall of the members; to create the Downtown Marietta District; to authorize the Authority to levy a tax; to provide for the powers of the Authority; to authorize the Authority to issue revenue bonds; to provide the procedures connected with all of the foregoing; 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 VII, Paragraph I of the Constitution, there is hereby created in and for the City of Marietta the Downtown Marietta Development Authority, hereinafter referred to as the Authority. Created. Section 2 . (a) The Authority shall be composed of seven members to be appointed and elected as hereinafter provided. One member of the Authority shall be the ex officio Mayor of the City of Marietta. Three members of the Authority shall be elected by the owners of the property which is subject to the tax provided for in section 4 of this Act. The remaining three members of the Authority shall be elected by the owners of business establishments whose principle place of business is located within the Downtown Marietta District. The initial three members of the Authority elected by each group of such owners, as provided above, shall serve for terms of office of one, two and three years, respectively. Thereafter, all terms of office of members of the Authority shall be for three years, except for the Mayor. Members. Terms. (b) The initial members of the Authority to be elected by the property owners and owners of businesses, as provided above, shall be elected in a caucus of each respective owner group, which caucus shall be held within 60 days after this Act becomes law and at such time and place as the Mayor of the City of Marietta shall designate after due notice thereof shall have been given to the respective owners. Thereafter, there shall be conducted annually a caucus of each owner group at such time and place as the Authority shall designate after having given due notice

Page 3461

thereof to the participants for the purpose of electing successors to the initial elected members of the Authority. Election. (c) In the event that 20% of the total number of the members of any owner group shall petition the Authority, the Authority shall call a caucus for the purpose of recalling any member named to the Authority by such group. At such a caucus, if a majority of those owners present and voting shall vote to recall any such member of the Authority, such owner group shall elect a successor to such recalled member to serve out the term of office formerly occupied by the recalled member. No petition for the recall of any single member of the Authority shall be filed within a twelve-month period subsequent to the filing of any previous referendum for the recall of such member. (d) All persons required to give notice of meeting and caucus dates shall exercise reasonable care so that as nearly as practical all persons entitled to notice of such meeting shall be apprised of such times and places. Section 3 . There is hereby created within the City of Marietta the Downtown Marietta District which shall be composed of all that territory embraced within the following description: All that tract or parcel of land lying and being in the City of Marietta, Georgia, and being more particularly described as follows: Downtown Marietta District. Beginning at the intersection of the centerline of Church Street and the centerline of Lemon Street; thence running in an easterly direction, along the centerline of Lemon Street, to the centerline of Cole Street; thence running in a southerly direction, along the the centerline of Cole Street, to the centerline of Roswell Street; thence running in an easterly direction along the centerline of Roswell Street, to the centerline of Coryell Street; thence running in a southerly direction, along the centerline of Coryell Street, for a distance of 334 feet, more or less; thence running in a westerly direction, for a distance of 740 feet, more or less, to the centerline of Alexander Street; thence running in a northerly direction, along the centerline of Alexander Street, for a distance of 5 feet, more or less; thence running

Page 3462

in a westerly direction, for a distance of 225 feet, more or less; thence running in a southerly direction for a distance of 1,003 feet more or less; thence running in a westerly direction, for a distance of 324 feet, more or less; thence running in a southerly direction, for a distance of 90 feet, more or less; thence running in a westerly direction, for a distance of 114 feet, more or less; thence running in a southerly direction, for a distance of 135 feet, more or less; to the centerline of Frasier Street; thence running in a westerly direction, along the centerline of Frasier Street, to the centerline of Atlanta Street; thence running in a northerly direction, along the centerline of Atlanta Street, to the centerline of Goss Street; thence running in a westerly direction, along the centerline of Goss Street, to the centerline of Powder Springs Street; thence running in a northerly direction, along the centerline of Powder Springs Street, to the centerline of Trammell Street; thence running in a westerly direction, along the centerline of Trammell Street, for a distance of 110 feet, more or less; thence running in a northerly direction, along the west boundary line of the Southwest Urban Renewal Area (Project GA-R-16), for a distance of 105 feet, more or less, to the west right-of-way line of the Powder Springs Street-Polk Street Connector (Project SP-1580); thence running in a northerly direction along said right-of-way line, for a distance of 40 feet; thence running in a westerly direction, along said Urban Renewal boundary line, for a distance of 45 feet; thence running in a northerly direction, along said boundary line, for a distance of 60 feet, to the west right-of-way line of the said connector; thence running in a northerly direction, along said right-of-way line, for a distance of 70 feet, more or less; thence running in a westerly direction, along said Urban Renewal boundary line, for a distance of 130 feet; thence running in a northerly direction, along said boundary line, for a distance of 82.6 feet; thence running in a northeasterly direction, along said boundary line, for a distance of 130 feet; thence running in a westerly direction, along said boundary line, for a distance of 40 feet; thence running in a northerly direction, along said boundary line, for a distance of 25 feet, thence running in a westerly direction, along said boundary line, for a distance of

Page 3463

10.4 feet; thence running in a northwesterly direction, along said boundary line for a distance of 130 feet, to the south right-of-way line of Crescent Circle; thence running in a northerly direction, for a distance of 70 feet, more or less; thence running in a westerly direction, along said boundary line, for a distance of 260 feet; thence running in a northerly direction, along said boundary line, for a distance of 16.7 feet; thence running in a westerly direction, along said boundary line, for a distance of 127.5 feet; thence running in a southerly direction, along said boundary line for a distance of 204 feet, more or less; thence running in a westerly direction, along said boundary line for a distance of 139 feet, more or less; thence running in a northerly direction, along said boundary line, for a distance of 42 feet, more or less; thence running in an easterly direction, along said boundary line, for a distance of 14 feet, more or less; thence running in a northerly direction, along said boundary line, for a distance of 60 feet, more or less; thence running in a westerly direction, along said boundary line, for a distance of 58 feet, more or less; thence running in a northerly direction, along said boundary line, for a distance of 303 feet, more or less; to the north right-of-way line of Henderson Street; thence running in an easterly direction, along said right-of-way line, for a distance of 25 feet, more or less; thence running in a northerly direction, along said boundary line, for a distance of 95 feet, thence running in a easterly direction, along said boundary line, for a distance of 100 feet; thence running in a northerly direction, along said boundary line, for a distance of 53.9 feet; thence running in an easterly direction, along said boundary line, for a distance of 96 feet; thence running in a northerly direction, along said boundary line, for a distance of 86.2 feet; thence running in an easterly direction, along said boundary line, for a distance of 139.3 feet; thence running in a northerly direction, along said boundary, for a distance of 360 feet, to the centerline of Whitlock Avenue; thence running in a westerly direction along said centerline, for a distance of 550 feet, more or less; thence running in a northerly direction, for a distance of 445 feet, more or less; thence running in an easterly direction, for a distance of 230 feet, more or less; thence running in a northerly direction for a distance of 296.9 feet, more or less; thence running

Page 3464

in a westerly direction, along said boundary line, for a distance of 20 feet; thence running in a northerly direction, along said boundary line, for a distance of 420 feet, to the centerline of Polk Street; thence running in an easterly direction, along said centerline to the point of beginning. Section 4 . The Authority shall be authorized to levy upon all real property subject to taxation by the Authority within the Downtown Marietta District on January 1 of each year, a tax not to exceed 25 mills upon the assessed value of all such property, according to the assessed value of such property for ad valorem tax purposes for the City of Marietta. All taxes levied by the Authority shall become due and payable at the same time as ad valorem taxes levied by the City of Marietta. Delinquent taxes shall bear the same interest and penalties as City of Marietta ad valorem taxes. Tax. Section 5 . The Authority shall have the power: (1) To buy, acquire, develop, improve, own, operate, maintain, sell, lease and mortgage land, buildings and property of all kinds and character, including, but not limited to machinery, apparatus, equipment and utilities useful or desirable in connection therewith, within the Downtown Marietta District; Powers. (2) To receive and administer gifts, grants and donations and to administer trusts and to enter into trust indentures; (3) To grant, loan and lease any of its funds and property to private persons and corporations agreeing to operate and expand any commercial or business enterprise or establishment within the Downtown Marietta District, which in the judgment of the governing body of the Authority will be of benefit to the economic improvement and development of said district or area; (4) To borrow money and issue notes, obligations and revenue bonds therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security for the payment thereof and interest

Page 3465

thereon and to secure the repayment of any such money so borrowed by the terms of the resolution authorizing such financing and to enter into a trust indenture relative thereto; (5) To appoint and employ officers, agents and employees and to provide for their compensation in order to effectuate the purposes of this Act; (6) To encourage and promote the economic improvement, development and rehabilitation of the Downtown Marietta District and to make long-range plans therefor in cooperation with the planning developments of the City of Marietta and Cobb County; (7) To accumulate its funds from such tax levy herein authorized from year to year and to invest and reinvest such funds; (8) To designate any of its officers to sign and act for the Authority pertaining to the rights, powers and privileges herein conferred; (9) To do any and all acts and things necessary, convenient or desirable to accomplish the purpose of this Act and the rights, powers and privileges herein conferred; (10) To contract with the City of Marietta for the collection of any taxes levied by the Authority; (11) To adopt such bylaws governing the conduct of the affairs of the Authority and to elect such officers as the Authority shall deem necessary; (12) To exercise all of the powers vested in the Authority by Article VII, Section VII, Paragraph I of the Constitution and all other necessary and ancillary powers necessary to carry out the provisions of said Paragraph as it pertains to the Downtown Marietta Development Authority. Section 6 . The revenue bonds or obligations herein authorized to be issued shall not be deemed to constitute a

Page 3466

debt of the City of Marietta within the meaning of Article VII, Section VII, Paragraph I of the Constitution, nor a pledge of the faith and credit of said city nor shall the city be subject to any pecuniary liability thereon. The revenue bonds shall not be payable from, nor a charge upon, and funds of the city. Any bondholder shall have the right to compel the Authority to levy the special tax herein provided for within the limit herein prescribed to pay the bonds and interest thereon. Revenue bonds. Section 7 . The Authority is hereby authorized to issue revenue bonds or obligations from time to time, to carry out the purposes of this Act. Revenue bonds or obligations so issued shall be paid solely from the revenues pledged to the payment thereof, which revenues may include any funds derived from the special tax levy provided hereunder. Such revenue bonds or obligations shall be authorized by resolution of the governing body of the Authority, which may be adopted at a regular or special meeting by a majority vote of the members of said governing body. The governing body of said Authority in determining the cost of any undertaking for which revenue bonds or obligations are to be issued may include all costs relative to the issuance thereof, and without intending to limit such costs, may include, architectural, engineering, inspection, fiscal agents' and legal expenses estimated to accrue from the date of any such bonds through the period of construction and for six months after such construction and such bonds 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 and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and interest thereon so issued by said Authority are hereby declared to be tax exempt for any and all purposes. The terms, conditions, covenants and provisions contained in any such resolution authorizing the issuance of such bonds shall bind said governing body then in office and its successors thereof, including any covenant to levy taxes within the limits herein prescribed for the purpose of providing such funds

Page 3467

as may be necessary to pay the principle of and interest on any such issue or issues of said bonds and to create and maintain a reserve for that purpose. Such bonds issued by said Authority shall be validated in the Superior Court of Cobb County in the same manner as revenue bonds of municipalities are validated as provided under the Revenue Bond Law (Ga. L. 1937, p. 761), as amended. There shall be no limitation upon the amount of revenue bonds or obligations which the Authority may issue. Authority to issue revenue bonds. 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 1971 Session of the General Assembly of Georgia, a bill to establish the Downtown Marietta Development Authority; to provide powers of such Authority; to provide limitations on such Authority; and for other purposes. This 19th day of January, 1971. Cyrus M. Chapman J. H. Henderson Jr. Senators George H. Kreeger Eugene Housley Howard Atherton A. L. Burruss Joe Mack Wilson G. Robert Howard Hugh Lee McDaniell Representatives 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

Page 3468

published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 22, 29, and February 5, 1971. /s/ Joe Mack Wilson Representative, 117th District Sworn to and subscribed before me, this 24th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. CITY OF DALTONADDITIONAL TERRITORY. No. 614 (House Bill No. 817). 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. 159, 185, 186, 259, and 260 in the 12th district and 3rd section of Whitfield County, Georgia, not now incorporated 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 on the present corporate limits of

Page 3469

the City of Dalton, in land lot No. 260, 12th district, 3rd section, on the south side of the right-of-way line of Walnut Avenue and the west right-of-way line of Dug Gap Road at a concrete marker; thence east along the south right-of-way line of Walnut Avenue to a point on the present corporate limits of the City of Dalton in land lot No. 259, 12th district, 3rd section; thence north and west along the present corporate limits of the City of Dalton to a point on the North right-of-way line of Walnut Avenue; thence west along the north right-of-way line of said Walnut Avenue to a point on the west right-of-way line of Tibbs Road and a concrete marker; thence south to a point on the south right-of-way line of Walnut Avenue and the west right-of-way line of Dug Gap Road to the point of beginning. Also beginning at a point on the present corporate limits of the City of Dalton in land lot No. 159, 12th district, 3rd section, on the south right-of-way line of the U.S. Highway 41 at the west right-of-way line of Shugart Road; thence north 58 degrees 36 minutes east along the south right-of-way line of U.S. Highway 41 to the east right-of-way line of Shugart Road; thence north 58 degrees 36 minutes east 91 feet to a point; thence north 31 degrees 24 minutes west 30 feet to a point; thence northeast along the south right-of-way line of U.S. Highway 41 to the northeast corner of lot No. 39 of the Willowdale Subdivision; thence southeast along the east line of said lot No. 39 320 feet more or less to the southeast corner of said lot No. 39; thence southwest along the south line of lots Nos. 39, 40, 41, 42, and 43 of the Willowdale Subdivision 523 feet more or less to the southeast corner of lot No. 53 and the east right-of-way line of Shugart Road; thence west 40 feet to a point on the west right-of-way line of Shugart Road; thence north along said west right-of-way line to the south right-of-way line of U.S. Highway 41 and the point of beginning. Also beginning at a point on the present corporate limits of the City of Dalton on the north line of land lot No. 185, 12th district 3rd section, at the east right-of-way line of Tibbs Road; thence south along the east line of said Tibbs Road to a point 1020 feet from the south line of land lot No. 185; thence west 80 feet more or less to the southeast

Page 3470

corner of lot No. 1 in the Rocky Face Estates Subdivision; thence south 89 degrees 00 minutes west 503.5 feet to a point; thence south 2 degrees 07 minutes east 420.0 feet to a point; thence south 88 degrees 52 minutes west 957.5 feet to a point in land lot No. 186; thence north 1 degree 08 minutes west 2022.2 feet to a point on the north line of land lot No. 186; thence north 89 degrees 00 minutes east 1599.7 feet to a point on the west right-of-way line of Tibbs Road; thence west along the north line of land lot No. 185 to a point on the east right-of-way line of Tibbs Road and the point of beginning; and all that area located in land lots Nos. 159, 185, 186, 259 and 260, 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 at the present January, 1971, term of the General Assembly of Georgia, there will be introduced a bill extending the corporate limits of The City of Dalton, so as to include within said city certain parts of Land Lots Nos. 159, 185, 186, 196, 259, and 260, of the 12th District and 3rd Section of Whitfield County, Georgia. /s/ Jack Cole Representative, Post 1, Third District /s/ V. T. Smith Representative, Post 2, Third District Affidavit of Publication. This is to certify that the attached published legal notice appeared for three consecutive weeks in issues of The Daily

Page 3471

Citizens-News, Dalton, Ga.; on the following dates: Jan. 15, 22, 29, 1971. /s/ George N. Clarke Publisher This affidavit sworn to and subscribed before me, this 22nd day of February, 1971. /s/ Louise B. Hackney, N.P. (Seal). Approved April 10, 1971. GILMER COUNTYMETHOD OF ELECTION OF MEMBERS OF BOARD OF EDUCATION CHANGEDREFERENDUM. No. 615 (House Bill No. 818). An Act to change the method of election of the members of the Board of Education of Gilmer County, so as to provide for the election of members by the citizens of the entire county; to provide for the submission of this amendment for ratification or rejection; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The Board of Education of Gilmer County shall be composed of five members to be elected as hereinafter provided. For the purpose of electing such members, Gilmer County is hereby divided into five education districts. Education district No. 1 shall be composed of militia district #850 (Ellijay). Districts. Education district No. 2 shall be composed of militia district

Page 3472

#864 (Tickanetley), militia district #932 (Cartecay), militia district #1341 (Diamond), militia district #1355 (Alto), and militia district #1498 (Bucktown). Education district No. 3 shall be composed of militia district #1035 (Leaches), militia district #1091 (Ball Ground), militia district #1135 (Town Creek), and militia district #1302 (Coosawattee). Education district No. 4 shall be composed of militia district #958 (Mountaintown), militia district #1009 (Trails Creek), and militia district #1274 (Ridgeway). Education district No. 5 shall be composed of militia district #907 (Boardtown) and militia district #1136 (Cherry Log). The Board of Education shall be composed of one member from each education district. Any person, in order to be eligible for membership on the Board to represent an education district, must reside in the district which he represents. Each member from an education district shall be elected and voted on by the voters of the entire Gilmer County school district. Section 2 . Nothing contained in this Act shall affect the terms of office of the members of the Board of Education of Gilmer County who are in office on the effective date of this Act, nor shall any provision of this Act affect the dates and methods of holding elections, except for the method of voting for members as provided herein, the filling of vacancies, or any other provision relative to the Gilmer County Board of Education. 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, it shall be the duty of the Ordinary of Gilmer County to issue the call for an election for the purpose of submitting this Act to the voters of the Gilmer 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 45 days after the date of the

Page 3473

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 Gilmer County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act changing the method of electing members of the Gilmer County Board of Education, so as to provide that the member from each education district shall be voted on by the voters of the entire school district be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Gilmer 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 Local Legislation. Notice is hereby given of an intention to apply at the 1971 Session of the General Assembly of Georgia, for the passage of a bill to provide for the election of members to the Board of Education of Gilmer County from districts by county-wide vote; to provide for a referendum and for other purposes.

Page 3474

This the 19th day of January, 1971. Board of Education of Gilmer County By A. L. Cagle, Jr., Chairman Georgia, Gilmer County. Before me, the undersigned, a Notary Public, personally came George N. Bunch, who, being first duly sworn according to law, says that he is the publisher of the Times-Courier, the official newspaper in which sheriff's advertisements in and for said county are published, and a newspaper of general circulation, with its principal place of business in said county, and that the above and foregoing notice was published in said newspaper in three weekly editions on the dates of January 21, 1971; January 28, 1971; and February 4, 1971. George N. Bunch Sworn to and subscribed before me, this the 16th day of February, 1971. /s/ Jane M. Weaver, Notary Public, Gilmer County Georgia. My Commission Expires August 11, 1972. (Seal). Approved April 10, 1971. FLOYD COUNTYBOARD OF COMMISSIONERSPROVISION MADE FOR RECALL OF MEMBERS, ETC. No. 616 (House Bill No. 825). An Act to amend an Act relating to the Board of Commissioners of Floyd County, approved July 28, 1917 (Ga. L. 1917, p. 351), as amended, so as to provide for the recall

Page 3475

of the members of the Board of Commissioners of Floyd County; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act relating to the Board of Commissioners of Floyd County, approved July 28, 1917 (Ga. L. 1917, p. 351), as amended, is hereby amended by adding a new section immediately following section 6, to be designated section 6A, to read as follows: Section 6A. Each member of the Board of Commissioners of Floyd County shall be subject to recall at any time after his election upon petition in writing, signed by one hundred (100) or more qualified registered voters of Floyd County. The petition for such recall election must be signed by not less than 25 percent of the qualified registered voters of said county who were on the list of registered voters for the last general election. Every person signing such petition must sign the same in the office of the Ordinary of Floyd County, and it must be signed in the presence of the Ordinary or of an employee of the Ordinary. The persons sponsoring such petition shall address such petition to the Ordinary, petitioning him to call for a special election to submit the question of whether any such member of the Board of Commissioners shall be recalled. The Ordinary shall allow such persons, from time to time, to count the number of names on said petition in order to determine whether a sufficient number of people have signed the petition. Such persons must notify the Ordinary when they desire to officially present the petition to him. Provided, however, that no such petition shall be presented to the Ordinary more than 90 days after it is first placed in the Ordinary's office for the purpose of obtaining signatures thereon. Any petition presented after such 90 day period shall be void and of no force and effect. It shall then be the duty of the Ordinary to determine whether such petition bears the proper percentage of names and to determine the sufficiency of the petition. The Ordinary must make his decision on the sufficiency of the petition within 15 days after

Page 3476

the same is formally presented to him. In the event he determines that the petition is in order, it shall be his duty to issue the call for an election and such call shall be issued within 5 days after he determines that such petition is in order. He shall set the date of the election for not less than 30 nor more than 60 days from the date of the issuance of the call and shall publish the date and purpose of such election once a week for two weeks immediately preceding the date thereof. The ballots used in such election shall state the name of the officer whose recall has been petitioned, and shall designate the office involved. The ballot shall have written or printed thereon the words `For recall of (name of officeholder) (name of office) and `Against recall of (name of officeholder) (name of office).' The Ordinary shall forthwith publish the results of such election, and if a majority of those voting in such election have voted in favor of recall, the office in question shall be vacated from the date of such recall election, and the officer so removed shall not be eligible to re-election or appointment to the unexpired term. If a majority of those voting in such election vote against recall, the officer shall retain his office. Vacancies created by a recall election shall be filled in the same manner as provided by law for the filling of other vacancies. In the event a recall election results in a majority of votes against recall, no additional recall election against the same officer shall be held for at least two years. 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 1971 Session of the General Assembly of Georgia, a bill to amend an Act creating a new Board of Commissioners of Floyd County, approved January 28, 1917 (Ga. L. 1917, p. 351), as amended, so as to provide for the recall of said officers; to provide the procedures connected therewith; and for other purposes.

Page 3477

This 30th day of January, 1971. John Adams Representative, 9th District E. E. Toles Sidney Lowery Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Adams 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: February 2, 9, and 16, 1971. /s/ John Adams Representative, 9th District Sworn to and subscribed before me, this 25th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. CITY OF AUSTELLCORPORATE LIMITS CHANGED. No. 618 (House Bill No. 829). 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

Page 3478

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), an Act approved April 11, 1968 (Ga. L. 1968, p. 3614), an Act approved April 18, 1969 (Ga. L. 1969, p. 2901), and an Act approved March 21, 1970 (Ga. L. 1970, p. 3310), 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), an Act approved April 11, 1968 (Ga. L. 1968, p. 3614), an Act approved April 18, 1969 (Ga. L. 1969, p. 2901), and an Act approved March 21, 1970 (Ga. L. 1970, p. 3310), is hereby amended by adding following section 30 a new section to be known as section 3P and to read as follows: Section 3P. On or after the effective date of this Act, the corporate limits of the City of Austell shall include and embrace the following tracts of land: Corporate limits. TRACT NO. 1 . All that tract or parcel of land lying and being in Land Lots 1086, 1135, 1159, 1160, 1209, 1210, 1211, 1232, 1233, 1284 of the 19th District and 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point located on the southwesterly side of Clay Road at the east line of property now or formerly

Page 3479

owned by Hubert B. Cantrell, which point is located 490 feet southeasterly from the intersection of the southwesterly side of Clay Road with the west line of Land Lot 1086, as measured along the southwesterly side of Clay Road; running thence south along the east line of property now or formerly owned by Cantrell a distance of 1734 feet to the southeast corner of property now or formerly owned by Cantrell; running thence west along the south side of said Cantrell's property a distance of 490 feet to a point located on the west line of Land Lot 1160; running thence south along the west line of Land Lot 1160 and Land Lot 1209 a distance of 2363 feet, more or less, to the southwest corner of Land Lot 1209; running thence east along the south line of Land Lot 1209 a distance of 1317 feet, more or less, to the southeast corner of Land Lot 1209; running thence south along the west line of Land Lot 1233 and Land Lot 1284 a distance of 2255 feet to the center line of Sweetwater Creek; running thence in a northeasterly, easterly and southeasterly direction along the center line of Sweetwater Creek a distance of 3015 feet, more or less, to the center line of Ollie Creek; running thence in a northwesterly direction along the center line of Ollie Creek a distance of 3201 feet, more or less, to a point located south 18 degrees 30 minutes west a distance of 700 feet from the intersection of the center line of Ollie Creek with the north line of Land Lot 1159, as measured along the center line of Ollie Creek; running thence north a distance of 680 feet to the north line of Land Lot 1159; running thence west along the north line of Land Lot 1159 a distance of 700 feet, more or less, to the northwest corner of Land Lot 1159; running thence west along the north line of Land Lot 1160 a distance of 430 feet; running thence north a distance of 1320 feet, more or less, to the southwesterly side of Clay Road; running thence in a northwesterly direction along the southwesterly side of Clay Road a distance of 362 feet, more or less, to the point of beginning, excepting, however, that portion of the above described property which lies within Land Lots 1086 and 1135 which lies northeast of a 50-foot private driveway leading from the southwesterly side of Clay Road to the existing residence of Charles Robert Worrall.

Page 3480

TRACT NO. 2 . All that tract or parcel of land lying and being in Land Lots 1157, 1158, 1159, 1210, 1211 and 1212 of the 19th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin located on the westerly side of Flint Hill Road, which iron pin is located 485 feet northerly from the northwest corner of Flint Hill Road and Jones Road, as measured along the westerly side of Flint Hill Road; running thence south 79 degrees 47 minutes west a distance of 1653.5 feet to an iron pin located on the northeasterly side of Olley Creek; running thence in a northwesterly direction along the northeasterly side of Olley Creek a distance of 443.1 feet to an iron pin; running thence north 70 degrees 12 minutes east a distance of 692 feet; running thence north 68 degrees 53 minutes east a distance of 590 feet; running thence in a southerly direction parallel to the westerly side of Flint Hill Road a distance of 300 feet; running thence northeasterly a distance of 600 feet to a point located on the westerly side of Flint Hill Road, which point is located 822.5 feet southerly from the intersection of the westerly side of Flint Hill Road with the southerly side of Clay Road, as measured along the westerly side of Flint Hill Road; running thence in a southerly direction along the westerly side of Flint Hill Road a distance of 417.9 feet to an iron pin at the point of beginning, and being made in accordance with a plat of survey made by B. H. Cox, Surveyor, dated June 18, 1970, revised July 14, 1970, and corrected under a revision for rezoning, dated November 17, 1970. TRACT NO. 3 . All that tract or parcel of land lying and being in the 18th District and 2nd Section of Cobb County, Georgia, and being a part of Land Lot No. 20 thereof, and more particularly described as follows, to wit: BEGINNING at the Northeast corner of said Lot No. 20, and running thence south along the east original line of

Page 3481

said lot, a distance of 1025 feet, more or less to the line of property now or formerly known as the Johnsa tract; thence west along the property line of said Johnsa tract 295 feet, more or less, to a point and corner; thence south along the west line of the Johnsa tract 295 feet to a point on the original south line of said Lot No. 20; thence west along the south original line of said Lot No. 20, a distance of 820 feet, more or less, to a point and corner on a branch, said point being also a corner of the tract sold to Berry Johnsa; thence north, along the east line of the Berry Johnsa Tract 311 feet, more or less, to a point on the Public Road; thence in a westerly or northwesterly direction, along said public road a distance of 256 feet, more or less, to a point on the western original line of said Lot No. 20; thence north, along the west original line of said Lot No. 20, 724 feet to a point and corner at the property line of tract sold to Hill; thence east along the Hill tract line, 611 feet, more or less, to the Southeast corner of Hill tract; thence north along the east side of the Hill tract to a point on the north original line of said Lot No. 20; thence east along the north original line of said Lot No. 20, a distance of 752 feet, more or less, to the north-east corner of said Lot No. 20, and the place of beginning. LESS AND EXCEPTED the following described property: All that tract or parcel of land lying and being in Land Lot 20, 18th District, 2nd Section, Cobb County, Georgia and being a part of the property of Mrs. Anna Huff Still, according to survey made by W. T. Poston, surveyor, dated December 16, 1963, and being more fully shown as follows: BEGINNING at a point 290 feet North of the Northeast side of the intersection of Westside Road (formerly known as Old Austell Road) with the North side of Millar Road at a point marked by an iron pin; thence running South 75 degrees 45 minutes East for a distance of 180 feet to a point marked by an iron pin; thence running North 4 degrees West for a distance of 140 feet to a point marked by an iron pin; thence running North 75 degrees 45 minutes West for a distance of 180 feet to a point marked by an iron

Page 3482

pin, said point being located on the East side of Westside Road (formerly known as Old Austell Road); thence running South 4 degrees East along the East side of Westside Road (formerly known as Old Austell Road) for a distance of 140 feet to a point marked by an iron pin, said point being the point of beginning. TRACT NO. 4 . Land Lot 136 of the 18th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point located on the north line of Land Lot 136, which point is located 234 feet east of the northwest corner of Land Lot 136, as measured along the north line of Land Lot 136; running thence east along the north line of Land Lot 136 a distance of 233 feet to a point; running thence south a distance of 594 feet, more or less, to a point located on the northwesterly side of Austell-Douglasville Public Highway (Humphries Hill Road); running thence in a southwesterly direction along the northwesterly side of Austell-Douglasville Public Highway (Humphries Hill Road) a distance of 217.5 feet to a point; running thence north a distance of 644 feet to a point located on the north line of Land Lot 136 at the point of beginning. TRACT NO. 5 . All that tract or parcel of land lying and being in Land Lots 144 and 145 of the 18th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the southwest corner of Land Lot 144; running thence north along the west line of Land Lot 144 a distance of 1278 feet to the northwest corner of Land Lot 144; running thence east along the north line of Land Lot 144 and the north line of Land Lot 145 a distance of 1265.8 feet to an iron pin located on the westerly side of Maxham Road; running thence in a southerly direction along the westerly side of Maxham Road a distance of 1340.5 feet to

Page 3483

the south line of Land Lot 145; running thence west along the south line of Land Lots 145 and 144 a distance of 1275 feet, more or less, to the southwest corner of Land Lot 144 at the point of beginning, and being a tract of land containing 37 acres as shown by a plat of survey made by J. P. Phillips, Surveyor, dated August 21, 1961. 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 1971 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Austell (Ga. L. 1929, p. 862, et seq), as heretofore amended and for other purposes. This 22nd day of December, 1970. Cyrus M. Chapman J. H. Henderson, Jr. Senators George H. Kreeger Eugene Housley Howard Atherton A. L. Burruss Joe Mack Wilson G. Robert Howard 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 Douglas County Sentinel which is the official

Page 3484

organ of Douglas County, on the following dates: January 14, 21, and 28, 1971. /s/ George H. Kreeger Representative, 117th District Sworn to and subscribed before me, this 24th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1971 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Austell (Ga. L. 1929, p. 862, et seq), as heretofore amended and for other purposes. Cyrus M. Chapman J. H. Henderson, Jr. Senators George H. Kreeger Eugene Housley Howard Atherton A. L. Burruss Joe Mack Wilson G. Robert Howard 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 3485

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 8, 15 and 22, 1971. /s/ George H. Kreeger Representative, 117th District Sworn to and subscribed before me, this 24th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. COBB COUNTYMARIETTA WATER AUTHORITY ACT AMENDED TO INCREASE LIMITATION OF BONDS. No. 619 (House Bill No. 830). An Act to amend an Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended by an Act approved April 9, 1963 (Ga. L. 1963, p. 3052), an Act approved March 27, 1965 (Ga. L. 1965, p. 2762), an Act approved February 24, 1967 (Ga. L. 1967, p. 2051), and an Act approved April 10, 1968 (Ga. L. 1968, p. 3533), so as to increase the limitation on the amount of bonds the Authority may have outstanding at any one time; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951, (Ga. L. 1951, p. 497), as amended by an Act approved April 9, 1963

Page 3486

(Ga. L. 1963, p. 3052), an Act approved March 27, 1965 (Ga. L. 1965, p. 2762), an Act approved February 24, 1967 (Ga. L. 1967, p. 2051), and an Act approved April 10, 1968 (Ga. L. 1968, p. 3533), is hereby amended by striking from section 5 the following sentence: The Authority, or any authority or body which had 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 in a sum not to exceed twenty million dollars ($20,000,000.00) outstanding at any one time of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects., and substituting in lieu thereof a new sentence to read as follows: The Authority, or any authority or body which had 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 in a sum not to exceed forty million dollars ($40,000,000.00) outstanding at any one time of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects., so that when so amended, section 5 shall read as follows: Section 5. Revenue Bonds. The Authority, or any authority or body which had 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 in a sum not to exceed forty million ($40,000,000.00) outstanding at any one time 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 herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not

Page 3487

exceeding the interest allowed by the Revenue Bond Law as now provided or may hereinafter be provided by amendment thereto, 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. Bond limitation. 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 1971 Session of the General Assembly of Georgia, a bill to amend an act known as the Cobb County-Marietta Water Authority Act, approved February 21, 1951 (Ga. L. 1951, p. 497 et seq), as heretofore amended; and for other purposes. This 22nd day of December, 1970. Cyrus M. Chapman J. H. Henderson, Jr. Senators George H. Kreeger Eugene Housley Howard Atherton A. L. Burruss Joe Mack Wilson G. Robert Howard Hugh Lee McDaniell Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George H. Kreeger

Page 3488

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 8, 15 and 22, 1971. /s/ George H. Kreeger Representative, 117th District Sworn to and subscribed before me, this 24th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. Approved April 10, 1971. CITY OF SMYRNACLERK OF CIVIL SERVICE BOARD TO BE APPOINTED BY MAYOR, CORPORATE LIMITS EXTENDED. No. 620 (House Bill No. 831). 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. 1960, p. 2505), an Act approved March 28, 1961 (Ga. L. 1961, p. 2571), an Act approved March 2, 1962 (Ga.

Page 3489

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), an Act approved April 11, 1968 (Ga. L. 1968, p. 3587), an Act approved April 28, 1969 (Ga. L. 1969, p. 3666), an Act approved April 28, 1969 (Ga. L. 1969, p. 3856), and an Act approved March 12, 1970 (Ga. L. 1970, p. 2599), so as to have the Clerk of the City of Smyrna Civil Service Board appointed by the Mayor and Council; 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), an Act approved April 11, 1968 (Ga. L. 1968, p. 3587), an Act approved April 28, 1969 (Ga. L. 1969, p. 3666), an Act approved April 28, 1969 (Ga. L. 1969, p. 3856), and an Act approved March 12, 1970 (Ga. L. 1970, p. 2599), is hereby

Page 3490

amended by adding a new section to said charter of the City of Smyrna to be known and designated as section 4(t) which shall be inserted between section 4(s) and section 5 of said charter, and which shall read as follows: Section 4(t). 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), 4(q), 4(r) and 4(s) of this Act, as amended, all of the area embraced with the following described tracts and parcels of land: Parcel One: All that tract or parcel of land lying and being in Land Lot 411, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the point of intersection of the easterly right-of-way line of Lake Drive with the southerly right-of-way line of Lake Court, said point also being on the Corporate Limits of the City of Smyrna; thence running westerly for a distance of 50 feet, more or less, along the Corporate Limits of the City of Smyrna to a point on the westerly right-of-way line of Lake Drive; thence running southeasterly along the southwesterly line of Lake Drive a distance of 265 feet, more or less, to a point and corner, said point being the property now or formerly owned by Mrs. Pauline B. Howard and the northeast corner of the S. C. Carter property; thence running westerly forming an interior angle of 71 degrees 03 minutes, more or less, with the last described course for a distance of 210 feet, more or less, to a point and corner; thence running southeasterly for a distance of 146 feet, more or less, to a point and corner on the northwesterly right-of-way line of an unnamed street; thence running northeasterly for a distance of 200 feet, more or less, along the northwesterly right-of-way line of the aforementioned street to a point and corner on the southwesterly right-of-way line of Lake Drive; thence running southeasterly along the southwesterly right-of-way line of Lake Drive to the point of intersection formed by the last described right-of-way line with the Corporate

Page 3491

Limits of the City of Smyrna, said point being 328 feet, more or less, northwesterly and northerly as measured along the northeasterly and westerly right-of-way line of Lake Drive from its intersection with the south line of Land Lot 411; thence running northerly for a distance of 50 feet, more or less, along the Corporate Limits of the City of Smyrna to a point and corner on the northeasterly right-of-way line to Lake Drive; thence running northwesterly along the northeasterly right-of-way line of Lake Drive to the point of beginning. Said Parcel One being a part of Ward 7 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 384, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point and corner on the east line of Land Lot 384 a distance of 100 feet, more or less, southerly as measured along said land lot line from the northeast corner of said land lot; thence running westerly forming an exterior angle of 90 degrees 00 minutes, more or less, with the last described course for a distance of 254 feet, more or less, to a point on the easterly right-of-way line of Austin Drive; thence running in the same westerly direction as that produced by the last described course for a distance of 40 feet, more or less, to a point and corner on the westerly right-of-way line of Austin Drive; thence running southerly along the westerly right-of-way line of Austin Drive to the point of curvature where the last described right-of-way line starts to curve to run in a westerly direction, said point being on the property now or formerly owned by C. S. Ware and Mildred Ware; thence running southeasterly for a distance of 40 feet, more or less, to a point and corner on the easterly right-of-way line of Austin Drive, said point being the southwest corner of the Harold L. Smith property; thence running easterly for a distance of 306 feet, more or less, to a point and corner on the east line of Land Lot 384, said point being on the Corporate Limits of the City of Smyrna; thence running northerly

Page 3492

forming an interior angle of 88 degrees 49 minutes, more or less, for a distance of 524 feet, more or less, along the east line of Land Lot 384 to the point of beginning. Said Parcel Two being a part of Ward 7 as provided in Georgia Laws, 1965, page 3023, et seq. Parcel Three: All that tract or parcel of land lying and being in Land Lots 228, 229, 276, 277, 300 and 301, 17th District, 2nd District, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the south right-of-way line of Pat Mell Road being a distance of 765 feet, more or less, westerly of the westerly right-of-way line of South Cobb Drive, as measured along the south right-of-way line of Pat Mell Road, said point being on the Corporate Limits of the City of Smyrna; thence running westerly for a distance of 420 feet, more or less, along the south right-of-way line of Pat Mell Road to a point, said point being the northwest corner of the Terrell W. Little property and the northeast corner of the William T. Stovall property; thence running southerly for a distance of 160 feet, more or less, to a point, said point being the southwest corner of the Terrell W. Little property and the southwest corner of the William T. Stovall property; thence running westerly for a distance of 390 feet, more or less, to a point on the easterly right-of-way line of Laceola Lane, said point being the northwest corner of the John A. McNab property and the southwest corner of the J. C. Grubb property; thence running westerly for a distance of 50 feet, more or less, to a point on the westerly right-of-way line of Laceola Drive, said point being the northeast corner of the Ferman D. Lanham property and the southeast corner of the Harold C. and Alice Miles property; thence running westerly for a distance of 410 feet, more or less, to a point on the easterly right-of-way line of Wakita Drive, said point being the southwest corner of the Harold C. Disaharon property and the northwest corner of the Carl Smith property; thence running northerly for a distance of 55 feet, more or less, along the easterly right-of-way line of Wakita Drive to a point; thence running westerly for a distance of 50 feet, more or less, to a

Page 3493

point on the westerly right-of-way line of Wakita Drive, said point being the northeast corner of the Brady McEntyre property and the southeast corner of the Jack E. Brown property; thence running westerly for a distance of 308 feet, more or less, to a point on the centerline of a branch, said point being the southwest corner of the Jack E. Brown property; thence running northerly for a distance of 118 feet, more or less, along the centerline of said branch to a point on the south right-of-way line of Pat Mell Road, said point being the northwest corner of the Jack E. Brown property; thence running north for a distance of 70 feet, more or less, crossing the centerline of Pat Mell Road at a right angle, to a point on the north right-of-way line of Pat Mell Road; thence running easterly for a distance of 470 feet, more or less, along the north right-of-way line of Pat Mell Road to a point, said point being the southeast corner of the G. L. Tatum property and the southwest corner of the J. C. Grubb property; thence running northerly for a distance of 118 feet, more or less, to a point, said point being the northwest corner of the J. C. Grubb property; thence running easterly for a distance of 119 feet, more or less, to a point on the westerly right-of-way line of Mills Lane, said point being the southeast corner of the William A. Dickerson property and the northeast corner of the J. C. Grubb property; thence running easterly for a distance of 50 feet, more or less, to a point on the easterly right-of-way line of Mills Lane, said point being the southwest corner of the Hoke S. Burson property and the northwest corner of the Hoyt L. Gowder property; thence running easterly for a distance of 334 feet, more or less, to a point on the westerly right-of-way line of Dink Lane, said point being the southeast corner of the Robert F. and Pat Towe property and the northeast corner of the Jerry Jernignan property; thence running southerly for a distance of 120 feet, more or less, along the westerly right-of-way line of Dink Lane to a point on the northerly right-of-way line of Pat Mell Road; thence running easterly for a distance of 1545 feet, more or less, along the northerly right-of-way line of Pat Mell Road to a point on the easterly right-of-way line of South Cobb Drive; thence running southerly for a distance of 70 feet, more or less, along the easterly right-of-way line of South Cobb drive to a point

Page 3494

on the southerly right-of-way line of Pat Mell Road, said point being on the Corporate Limits of the City of Smyrna; thence running westerly for a distance of 965 feet, more or less, along the southerly right-of-way line of Pat Mell Road 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 847 of the 17th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point and corner on the northwesterly right-of-way of Hargrove Road a distance of 284 feet south, more or less, as measured along the southwesterly right-of-way of Hargrove Road, from an iron pin marking the intersection of the north line of Land Lot 847 with the northwesterly right-of-way line of Hargrove Road, said point being on the Corporate Limits of the City of Smyrna; thence running southwesterly along the Northwesterly right-of-way line of Hargrove Road a distance of 312 feet, more or less, to a point and corner; thence running westerly for a distance of 725 feet, more or less, to a point on the easterly right-of-way line of Woodland Terrace (formerly known as Laudermilk Drive and Whitfield Road); thence south along the easterly right-of-way line of said road and forming an interior angle of 89 degrees 11 minutes, more or less, a distance of 289 feet, more or less, to a pin located at the northwesterly corner of the Bethel Baptist Church Cemetery; thence running easterly, forming an interior angle of 90 degrees 11 minutes, more or less, along the northerly line of said Cemetery 307 feet, more or less, to a point and corner; thence running southerly, forming an exterior angle of 90 degrees 25 minutes, more or less, along the easterly line of the cemetery property 167 feet, more or less, to a point and corner on the northwesterly side of a road leading from Hargrove Road to Bethel Church known as Bethel Drive; thence northeasterly and easterly along the northwesterly and northerly side of Bethel Drive a distance of 575 feet to a point and corner on the southwesterly right-of-way

Page 3495

line of Hargrove Road; thence running southeasterly along the southwesterly right-of-way line of Hargrove Road to the point of intersection of the last described right-of-way line, with the northwesterly right-of-way line of Spring Road, said point being on the Corporate Limits of the City of Smyrna; thence running northeasterly for a distance of 50 feet, more or less, along the northwesterly right of way line of Spring Road to the point of intersection of the last mentioned right-of-way line with the northeasterly right-of-way line of Hargrove Road; thence running northwesterly and northerly along the northeasterly and easterly right-of-way line of Hargrove Road to a point and corner where the Corporate Limits of the City of Smyrna intersects the east line of Hargrove Road; thence running westerly for a distance of 50 feet, more or less, along the Corporate Limits of the City of Smyrna to the point of beginning. Said Parcel Four being a part of Ward 1 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 848 and 879, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the point of intersection of the easterly right-of-way of Hargrove Road with the southwesterly right-of-way line of U. S. Highway 41 (also known as Atlanta-Marietta 4 Lane Highway), said point being on the Corporate Limits of the City of Smyrna; thence running southerly for a distance of 516 feet, more or less, along the easterly right-of-way of Hargrove Road, to a point, said point being the southerly corner of the Tenneco Oil Company property and the northwesterly corner of the James C. Wallace property; thence running northeasterly forming an interior angle of 52 degrees 56 minutes, more or less, with the last described course for a distance of 305 feet, more or less, to a point on the southwesterly right-of-way of U. S. Highway 41, said point being the easterly corner of the Tenneco Oil Company property and the northeasterly corner of the James C. Wallace property; thence running

Page 3496

northeasterly in the same direction as produced by the last described course to a point on the northeasterly right-of-way of U. S. 41 Highway; thence running northwesterly along the northeasterly right-of-way of U. S. 41 Highway to the point of intersection of the said right-of-way with the Corporate Limits of the City of Smyrna; thence running southwesterly along the Corporate Limits of the City of Smyrna to the point of beginning. Said Parcel Five being a part of Ward 1 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 380, 381, 412, and 413, 17th District, 2nd Section, Cobb County, Georgia, and more particularly described as follows: BEGINNING at a point 310 feet, more or less, southwesterly of the southwesterly right-of-way line of South Cobb Drive along the southeasterly right-of-way of Concord Road, said point formerly being the point of intersection of the southeasterly right-of-way of Concord Road with the southwesterly right-of-way of Radcliff Road, now abandoned, said point also on the Corporate Limits of the City of Smyrna; thence running southeasterly for a distance of 250 feet, more or less, to a point on the southwesterly right-of-way line of the former Radcliff Road; thence running southwesterly for a distance of 228 feet, more or less, to a point, said point being the southwest corner of the T. L., Lamar and John Dickson property and on the westerly property line of the Donald Hall property; thence running northwesterly for a distance of 100 feet, more or less, to a point on the west corner of the T. L., Lamar and John Dickson property and on the southeasterly property line of the T. C. Bufford property; thence running northeasterly for a distance of 100 feet, more or less, to a point on an interior corner of the T. L., Lamar and John Dickson property and the east corner of the T. C. Bufford property; thence running northwesterly for a distance of 150 feet, more or less, to a point on the southeasterly right-of-way line of Concord Road, said point also being the northeast corner of the T. C. Bufford property and the northwest

Page 3497

corner of the T. L., Lamar and John Dickson property; thence running the same direction as produced by the last described course for a distance of 70 feet, more or less, to a point on the northwesterly right-of-way line of Concord Road; thence running northeasterly along the northwesterly right-of-way line of Concord Road to the point where the said right-of-way intersects with the Corporate Limits of the City of Smyrna; thence running southeasterly for a distance of 70 feet, more or less, along the Corporate Limits of the City of Smyrna to a point on the southeasterly right-of-way line of Concord Road; thence running southwesterly along the southeasterly right-of-way line of Concord Road to the point of beginning. Said Parcel Six being a part of Ward 4 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 631, 17th District, 2nd Section, Cobb County, Georgia, and more particularly described as follows: BEGINNING at a point 150 feet, more or less, easterly of the easterly right-of-way line of Emory Road on the northerly right-of-way line of Corn Road, said point being on the Corporate Limits of the City of Smyrna; thence running northerly for a distance of 597 feet, more or less, along the westerly property line of the Emory W. Chastain, Jr. property to a point, said point being the northwesterly corner of the Emory W. Chastain, Jr. property; thence running for a distance of 172 feet, more or less, along the northerly property line of the Emory W. Chastain, Jr. property to a point; thence running southerly for a distance of 597 feet, more or less, along the easterly property line of the Emory W. Chastain, Jr. property to a point on the northerly right-of-way line of Corn Road; thence running westerly for a distance of 172 feet, more or less, along the northerly right-of-way line of Corn Road to the point of beginning. Said Parcel Seven being a part of Ward 1 as provided in Georgia Laws, 1965, page 3023, et seq.

Page 3498

Parcel Eight: All that tract or parcel of land lying and being in Lands Lots 806, 807, 848, 849, 850, 879, and 880, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the point of intersection of the southwesterly right-of-way line of U. S. Highway 41 (also known as Atlanta-Marietta Four Lane Highway) and the southerly Land Lot Line of Land Lot 849, said point being on the Corporate Limits of the City of Smyrna; thence running northwesterly along the southwesterly right-of-way line of U. S. Highway 41 to an iron pin, said pin being the point of intersection of the said right-of-way line with the southerly Land Lot Line of Land Lot 806; thence running north 88 degrees, 25 mintues west, more or less, for a distance of 977 feet, more or less, to an iron pin; thence running north 52 degrees, 39 minutes east, more or less, for a distance of 765 feet, more or less, to an iron pin on the southwesterly right-of-way line of U. S. Highway 41; thence running north 52 degrees, 39 minutes east, more or less, for a distance of 200 feet, more or less, to a point on the northeasterly right-of-way line of U. S. Highway 41; thence running southeasterly along the northeasterly right-of-way line of U. S. Highway 41 to a point on said right-of-way opposite New Spring Road; thence running south 52 degrees, 39 minutes west, more or less, for a distance of 200 feet, more or less, to the point of intersection of the southwesterly right-of-way line of U. S. Highway 41 and the southeasterly right-of-way line of New Spring Road, said point being on the Corporate Limits of the City of Smyrna; thence running northwesterly along the northwesterly right-of-way line of U. S. Highway 41 to the point of intersection of the said highway with the northwesterly right-of-way line of New Spring Road; thence running northwesterly along the southwesterly right-of-way line of U. S. Highway 41 to the point of intersection of the said right-of-way line and the southerly Land Lot Line of Land Lot 849, said point being the point of beginning. Said Parcel Eight being a part of Ward 1 as provided in Georgia Laws, 1965, page 3023, et seq.

Page 3499

Parcel Nine: All that tract or parcel of land lying and being in Land Lots 811, 845, and 846, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the northeast corner of Land Lot 811, said point being on the Corporate Limits of the City of Smyrna; thence running south 88 degrees, 52 minutes west, more or less, for a distance of 253 feet, more or less, to an iron pin; thence running north 89 degrees, 21 minutes west, more or less, for a distance of 314 feet to a point; thence running southerly for a distance of 666 feet, more or less, to a point on a northwesterly right-of-way line of the L N Railroad; thence running south 0 degrees, 37 minutes east, more or less, for a distance of 80 feet, more or less, to a point on the southeasterly right-of-way line of the L N Railroad; thence running northeasterly for a distance of 1619 feet, more or less, along the southeasterly right-of-way of the L N Railroad to a point; thence running north 0 degrees, 37 minutes east, more or less, for a distance of 80 feet, more or less, to a point on the northwesterly right-of-way line of the said railroad, said point also being on the existing Corporate Limits of the City of Smyrna; thence running southwesterly along the northwesterly right-of-way line of the said railroad for a distance of 863 feet, more or less, to a point, said point being the point of intersection of the northwesterly right-of-way line and the easterly right-of-way line of Land Lot 811; thence running north 0 degrees, 0 minutes east, more or less, for a distance of 320 feet, more or less, to the point of beginning. Said Parcel Nine being a part of Ward 1 as provided in Georgia Laws, 1965, page 3023, et seq. Section 2 . An Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955, et seq), as amended, by all Acts amendatory thereof, is further amended by deleting Paragraph 13, section 77, and inserting in lieu thereof a new Paragraph 13, section 77, as will hereinafter appear. Paragraph 13. Said civil service board shall elect one of

Page 3500

its members as chairman, who shall hold office as such chairman at the pleasure of the board. Said civil service board shall hold regular meetings on the third Mondays in January, April, July and October, for the transaction of any business that may come before it and may hold special, adjourned or call meetings at any time that the same may be called by the chairman of said board or by any two members thereof. In the case of any and all special or called meetings of the board, called in the manner hereinbefore provided, the clerk of the board shall give all members of the board five days written notice of such call or special meeting; and such meeting cannot be legally held unless each member receives such five days written notice or waives same in writing. Provided, however, that if a member absents himself from the city for more than 30 continuous days; then in such event a meeting may be duly and regularly held upon giving the requisite notice to the other two members of the board. At any regular, special or call meeting any two members of the board shall constitute a quorum for the transaction of business and the votes of any two members of the board shall be sufficient to transact its business. All meetings of the board shall be held in the city hall of the City of Smyrna, or in such place as the city council holds its meetings. Any meetings called shall be for the transaction of official business of the board. The clerk of the board shall be appointed by Mayor and Council and shall serve at the pleasure of Mayor and Council. Chairman. Meetings. Quorum. Clerk. 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 in full force and effect. Section 4 . 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

Page 3501

sections, subsections, paragraphs, sentences, clauses or phrases of this Act, which shall be and remain in full force and effect, and if the part 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 or parts thereof would be declared or adjudged invalid or unconstitutional. Severability. 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 1971 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 22nd day of December, 1970. Cyrus M. Chapman J. H. Henderson, Jr. Senators George H. Kreeger Eugene Housley Howard Atherton A. L. Burruss Joe Mack Wilson G. Robert Howard 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 3502

organ of Cobb County, on the following dates: December 24, 31, 1970 and January 8, 1971. /s/ George H. Kreeger Representative, 117th District Sworn to and subscribed before me, this 16th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. STATE COURT OF COBB COUNTYJURISDICTION EXTENDED. No. 621 (House Bill No. 842). An Act to amend an Act creating the State 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), an Act approved April 1, 1968 (Ga. L. 1968, p. 2948), an Act approved March 28, 1969 (Ga. L. 1969, p. 2420), an Act approved April 1, 1969 (Ga. L. 1969, p. 2460), and an Act approved April 25, 1969 (Ga. L. 1969, p. 3588), so as to extend the jurisdiction of said Court in certain cases involving injuries to the person; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended by an Act approved April 8, 1965 (Ga. L. 1965, p.

Page 3503

3313) an Act approved March 2, 1966 (Ga. L. 1966, p. 2904), an Act approved April 1, 1968 (Ga. L. 1968, p. 2948), an Act approved March 28, 1969 (Ga. L. 1969, p. 2420), an Act approved April 1, 1969 (Ga. L. 1969, p. 2460), and an Act approved April 25, 1969 (Ga. L. 1969, p. 3588), is hereby amended by striking from section 2 thereof the figure $5,000.00 where it appears in the second sentence of said section, after the word exceed, and submitting in lieu thereof the figure $15,000.00, so that when so amended section 2 shall read as follows: Section 2. The State Court of Cobb County shall have all the jurisdiction as to subject matter now exercised by justices of the peace and justice courts in Georgia throughout Cobb County. In addition thereto, said Court shall have jurisdiction to try and dispose of all civil and misdemeanor cases regardless of their nature, except cases of injury to the person in which the total amount sued for in the petition, including damages to property shall exceed $15,000.00, and except in cases involving injury to the reputation, concurrent with the superior courts, including not only suits as are commenced by petition and process or summons, but also all other kinds of suits or proceedings which are now or may hereafter be in use in the superior court of this county or justice courts, either under the common law or by statute, of which jurisdiction is not vested exclusively in other courts by the Constitution of the State of Georgia, and except extraordinary remedies as are defined in Chapter 64-101, 64-201, and 64-301 of the Code of Georgia of 1933, and habeas corpus proceedings, and the practice and procedure in cases involving three hundred ($300.00) dollars principal or less shall be and remain the same as that now in force in the justice courts of Georgia, except as otherwise herein provided, and the practice and procedure in cases involving over three hundred ($300.00) dollars shall be and remain the same as that now in force in the superior courts of Georgia, except as otherwise herein provided. In addition to the above, said jurisdiction shall include, among others, attachment and garnishment proceedings, illegalities, counter-affidavit to any proceedings from said

Page 3504

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 and processes of which jurisdiction is not vested exclusively in other courts by the Constitution of the State of Georgia. The judges of said Court shall also have power to administer oaths and take affidavits. Affidavits for attachment and garnishment proceedings may be made before any officer authorized by law to administer oaths, but all bonds in such proceedings shall be approved by the clerk of said Court. 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 1971 Session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Cobb County, formerly the Civil and Criminal Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211); and for other purposes. This 22nd day of December, 1970. Cyrus M. Chapman J. H. Henderson, Jr. Senators George H. Kreeger Eugene Housley Howard Atherton A. L. Burruss Joe Mack Wilson G. Robert Howard Hugh Lee McDaniell Representatives

Page 3505

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. Robert Howard 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 8, 15 and 22, 1971. /s/ G. Robert Howard Representative, 117th District Sworn to and subscribed before me, this 25th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. CITY OF LUMPKINCORPORATE LIMITS CHANGED. No. 622 (House Bill No. 851). An Act to amend an Act creating a new charter for the City of Lumpkin, approved December 18, 1902 (Ga. L. 1902, p. 1066), as amended, particularly by an Act approved March 28, 1961 (Ga. L. 1961, p. 2485), so as to change the corporate limits of said City; to provide certain requirements relative to providing certain services within the area included in the extension of said corporate limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3506

Section 1 . An Act creating a new charter for the City of Lumpkin, approved December 18, 1902 (Ga. L. 1902, p. 1066), as amended, particularly by an Act approved March 28, 1961 (Ga. L. 1961, p. 2485), is hereby amended by adding a new section immediately following section 2B to be designated section 2C and to read as follows: Section 2C. (a) The corporate limits of the City of Lumpkin shall also include the following described territory: Corporate limits. All that tract or parcel of land, lying and being in Land Lot No. 114, Land Lot No. 143, Land Lot No. 144, and Land Lot No. 113, 23rd Land District, Stewart County, Georgia, and particularly described as follows: Beginning at the intersection of the Western most city limits line of the City of Lumpkin, and the North margin of State Highway No. 27; thence West along the North margin of said State Highway the following courses and distances, South 66 30[UNK] West, for a distance of 860 feet; thence South 70 48[UNK] West, for a distance of 767.9 feet; thence South 77 12[UNK] West, for a distance of 506 feet; thence South 88 12[UNK] West for a distance of 704.5 feet; thence South 86 35[UNK] West, for a distance of 1041.8 feet; thence due South for a distance of 150 feet; thence South 3 25[UNK] East for a distance of 1320 feet; thence East, for a distance of 3392 feet; to the run of Wimberly Mill Creek; thence North along the run of Wimberly Mill Creek to the South margin of the right-of-way of State Highway No. 27; thence North 66 30[UNK] East, for a distance of 860 feet along the South margin of said Highway and to the present Western most city limits line of the City of Lumpkin; thence due North along the present city limits line to the point of beginning. (b) In the event the City of Lumpkin provides water and sewage service, natural gas, paving or drainage to the territory brought into the corporate limits of said City pursuant to subsection (a) of this Section, all expenses incurred in providing such water and sewage service, natural gas, paving or drainage for said territory shall be paid by the owners of the land within said territory and shall not be paid from funds of the City of Lumpkin.

Page 3507

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 1971 Session of the General Assembly of Georgia, a bill to change the corporate limits of the City of Lumpkin, Ga.; and for other purposes. This 5th day of January, 1971. Ward Edwards Representative, Post 2, 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: January 28, February 4, and 11, 1971. J. Lucius Black Representative, 45th District Sworn to and subscribed before me, this 24th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971.

Page 3508

TOWN OF POOLERCORPORATE LIMITS CHANGED. No. 623 (House Bill No. 859). An Act to amend an Act creating a new charter for the Town of Pooler, approved January 30, 1946 (Ga. L. 1946, p. 593), as amended, particularly by an Act approved February 23, 1956 (Ga. L. 1956, p. 25-30), an Act approved March 3, 1962 (Ga. L. 1962, p. 2704), an Act approved April 8, 1965 (Ga. L. 1965, p. 3399), and an Act approved February 24, 1967 (Ga. L. 1967, p. 2034), so as to extend 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 creating a new charter for the Town of Pooler, approved January 30, 1946 (Ga. L. 1946, p. 593), as amended, particularly by an Act approved February 23, 1956 (Ga. L. 1956, p. 25-30), an Act approved March 3, 1962 (Ga. L. 1962, p. 2704), an Act approved April 8, 1965 (Ga. L. 1965, p. 3399), and an Act approved February 24, 1967 (Ga. L. 1967, p. 2034), is hereby amended by adding following section 2A, a new section to be numbered section 2B, to read as follows: Section 2B. In addition to the present corporate limits of the Town of Pooler, as they now exist, the corporate limits of the Town of Pooler shall also include the following described tract of land: Corporate limits. All that certain tract of land situate, lying and being in Chatham County, Georgia, described as follows: Beginning at the point of intersection of the northerly right-of-way line of Oliver Street and the westerly right-of-way line of Rogers Street, which point is also the northwest corner of the intersection of Oliver Street and Rogers Street, and which point or corner is the point of beginning; running thence north twenty-one degrees twenty minutes east (N 21 20[UNK] E) a distance of five hundred fourteen (514) feet along the westerly right-of-way line of Rogers Street to a point on the westerly right-of-way line of Rogers Street;

Page 3509

running thence south seventy-two degrees thirty minutes east (S 72 30[UNK] E) a distance of four hundred fifty-three and seven-tenths (453.7) feet to a point; running thence south twenty-one degrees twenty minutes west (S 21 20[UNK] W) a distance of five hundred fourteen (514) feet to a point on the northerly right-of-way line of Oliver Street; running thence north seventy-two degrees thirty minutes west (N 72 30[UNK] W) a distance of four hundred fifty-three and seven-tenths (453.7) feet along the northerly right-of way line of Oliver Street to a point on the northerly right-of-way line of Oliver Street, which point is the point of intersection between the northerly right-of-way line of Oliver Street and the westerly right-of-way line of Rogers Street, and is also the northwest corner of the intersection of Oliver Street and Rogers Street, which point or corner was the point of beginning. The above described tract of land being more fully shown on a plat made by David C. Horne, Georgia Registered Surveyor No. 521, dated February 5, 1971, recorded in the Office of the Clerk of Superior Court of Chatham County, Georgia, in Plat Record Book U, Folio 220, marked on said Map as `Area to be Annexed', and to which specific reference is hereby specifically made. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Chatham County. Personally appeared before me James White to me known, who being by me sworn, deposes and says: That he is the Vice-President 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 he is authorized to make affidavits of publication on behalf of said publisher corporation;

Page 3510

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 he has reviewed the regular editions of the Savannah Evening Press published on January 22, 1971, January 29, 1971, February 1, 1971 and finds that the following advertisement, to-wit: Notice of Intention to Apply for Legislation. Notice is hereby given of intention to apply for local legislation at the 1971 Session of the General Assembly of Georgia with the approval of the Mayor and Councilmen of the Town of Pooler, Georgia to amend to several acts constituting the Charter of the Town of Pooler to change and extend the corporate limits; to otherwise amend the laws constituting the Charter of the Town of Pooler and for other purposes. Allyn M. Wallace Town Attorney Appeared in each of said editions: James White Deponent Sworn to and subscribed before me, this 8th day of February, 1971. /s/ Jack K. Berry, Notary Public, Chatham County, Ga. My Commission Expires Aug. 15, 1974. (Seal). Approved April 10, 1971.

Page 3511

CITY OF FAYETTEVILLEALTERNATIVE METHOD FOR RECEIVING AND COLLECTING AD VALOREM TAXES PROVIDED. No. 624 (House Bill No. 860). An Act to amend an Act to reincorporate the City of Fayetteville in the County of Fayette, creating a new charter for said City, approved March 4, 1970, so as to provide for an alternative method for receiving and collecting ad valorem taxes; to provide that the said City may contract with the governmental authorities of the County of Fayette for the receiving and collecting of ad valorem taxes for the City of Fayetteville; to provide for the payment for said services; to provide for bond for the Tax Commissioner of Fayette County payable to the City of Fayetteville; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act to reincorporate the City of Fayetteville, creating a new Charter for said City approved March 4, 1970, is hereby amended by adding four new sections immediately following Article VIII section 8.01, to be designated Article IX, sections 9.01, 9.02, 9.03 and 9.04, to read as follows: ARTICLE IX Section 9.01. Alternative method for the receiving of tax returns and collection of Ad Valorem Taxes . Be it enacted that the City Council may contract or agree with the Governmental Authorities of the County of Fayette to employ the services of Tax Commissioner or such other authorities as may be designated for the receiving of tax returns and collection of State and County Taxes to receive tax returns of all property subject to Ad Valorem Taxes by the City of Fayetteville and collect all taxes due the said City of Fayetteville, and by Ordinance, provide for the payment of reasonable compensation for such services.

Page 3512

Section 9.02 . That the City of Fayetteville shall each year such agreement is in force, furnish to the Tax Commissioner of the County of Fayette or such other properly designated official, a copy of the tax levy of the said City of Fayetteville, properly certified by the Clerk of the said City of Fayetteville. Section 9.03 . That the Tax Commissioner of the County of Fayette or such other designated official authorized to receive and collect taxes payable to the City of Fayetteville, shall give bond payable to the Mayor and Council of the City of Fayetteville, their successors in office in an amount provided by ordinance of the Council of the City of Fayetteville, signed by some surety or guaranty company authorized to do business in this State, and that the premiums due on such bond shall be paid by the City of Fayetteville. Section 9.04. 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 1971 session of the General Assembly of Georgia, an amendment to the charter of the City of Fayetteville pertaining to the method of the collection of tax for said City of Fayetteville; to provide for all matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. This 9th day of February, 1971. Quimby Melton Jr. Clayton Brown Jr. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Quimby Melton, Jr., 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

Page 3513

the Fayette County News which is the official organ of Fayette County, on the following dates: February 10, 17 and 24, 1971. /s/ Quimby Melton, Jr. Sworn to and subscribed before me, this 26th day of February, 1971. /s/ Rebecca Faulkner, Notary Public, Georgia State at Large. My Commission Expires Dec. 13, 1974. (Seal). Approved April 10, 1971. SMALL CLAIMS COURT CREATED FOR TAYLOR COUNTY. No. 625 (House Bill No. 864). An Act to create and establish a Small Claims Court in and for Taylor 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 courts; to provide for contempt of said court and the

Page 3514

penalty therefor; to provide for the furnishing of certain law books to said court; to provide for validating the acts of said court and the proceedings therein; to repeal an Act creating a Small Claims Court in each county in this State having a population of not less than 8,250 and not more than 8,350 according to the United States Decennial Census of 1960 or any future such census, approved March 31, 1967 (Ga. L. 1967, p. 2422); 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 in and for Taylor County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $400.00, 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 the laws of the State of Georgia. Creation. Jurisdiction concurrent. Section 2 . The Governor shall appoint a citizen of such county to be judge of such court for a four-year term beginning from the time of his appointment. The present judge of the Small Claims Court created by an Act approved March 31, 1967 (Ga. L. 1967, p. 2422), shall be the judge of the Small Claims Court created by this Act, and shall serve for the remainder of his unexpired term, and until his successor is duly appointed and qualified. Judge. 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 Taylor County or any Judge of a State 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

Page 3515

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 shall be compensated, if at all, from the fees herein authorized. Duties. 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 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. At the request of any individual, the judge or clerk may 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 within the county. Said service shall be made by any official or person authorized by law to serve process in the superior court, by a duly qualified bailiff of the small Claims Court, by registered or certified mail with receipt, or by any person not a party to, or otherwise interested in, the suit who is 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, the verification and the 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 the date and hour of mailing on the record. 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

Page 3516

to the 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 Postal Service 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 provided above, such individual 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 shall be taxable as costs, but shall not 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 the failure of the defendant to appear, when the claim of the plaintiff is for a liquidated amount. (f) Said notice shall include the date, hour and location of the hearing, which date 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 or certified mail, the date of mailing shall be the date of service. Section 7 . A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated. Docket. Section 8 . The plaintiff, when he files his claim, shall deposit with the court the sum of $5.00, which shall cover all cost 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 of attachment, garnishment, trover, statutory foreclosures on personalty, and replevin by possessory warrant, shall be $7.50; and in

Page 3517

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 $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 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. Cost. Section 9 . (a) The trial shall be conducted on the day set for the hearing, or at such later time as the judge may set. 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. Trial. (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. 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, the 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, 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. Set off.

Page 3518

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, 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. Partial payments of 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. Section 13 . The judge of the Superior Court of Taylor 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 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 shall serve at the pleasure of the judge and under his direction. Any person so appointed shall be known and designated as Small Claims Court Bailiff and shall have the powers and authority, and shall be subject to the penalties, of 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. Said bailiffs shall also have the power to make levies, conduct judicial sales, and account therefor, in the manner of lawful constables. Within five days following their appointment, all such bailiffs shall take and subscribe the oath of office prescribed in Code Section 24-804 and give the bond prescribed in Code Section 24-811. Such bailiffs shall be subject to removal from office for failure of duty or malfeasance in office, as are other lawful constables

Page 3519

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. 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 defendant having three strikes each. The judge or clerk shall have the power to subpoena jurymen and witnesses. Jury trials. Section 16 . A judgment of said Small Claims Court shall become a lien on both the real and personal property of a defendant, regardless of where such property is situated within the State. Said judgment shall become a lien at the time an execution based upon such judgment is filed in the office of the clerk of the superior court for said county and the entry thereof is made by the clerk in the general execution docket for said county. Judgment. Section 17 . Appeals may be had from judgments returned in a Small Claims Court, to the superior court, or the State Court of said county, 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, or the State Court of said county. Appeals. Section 18 . Until otherwise provided by the rules of the court, the statement of claim, verification, and notice shall be in the following form, or 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 OF TAYLOR COUNTY

Page 3520

Statement of Claim Notice.

Page 3521

Section 19 . All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment and supplies required by this Act, or necessary for the efficient operation of said court, shall be furnished by the Board of County Commissioners. They shall also provide a suitable room in the courthouse for the holding of said court. Office, etc. Section 20 . The State Librarian is hereby authorized and directed to furnish all available volumes of Georgia

Page 3522

Laws to the Small Claims Court, without cost to the court or the county. Law books. Section 21 . Said Small Claims Court shall have no designated terms at stated periods. The judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and executions, and he shall also designate the time when each answer to a summons of garnishment shall be filed. No garnishee may be required to file his answer sooner than ten days after he is served with summons, however. 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 immediately render judgment 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. Terms. Section 22 . A summons of garnishment may be served by the sheriff or his deputies, by a lawful constable, 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. 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 the sender by the United States postal authorities marked refused, giving the date of refusal, and signed or initialed by a United States Postal Service employee or United States mail carrier to whom refusal was made. Whenever service is made 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

Page 3523

made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Garnishment. Section 23 . The judge of said court shall have the power to impose fines of not more than $10.00 on, or to imprison for not longer than twenty-four hours, any person guilty of contempt of court. Such fines shall be paid into the county treasury or depository to be used for county purposes. Contempt. Section 24 . The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $4.00, plus a reasonable amount for drayage, to be determined by the judge of the Small Claims Court. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) of all sums over that amount, with a minimum of $5.00. Fees of bailiff or sheriff. Section 25 . All actions performed by the judge or clerk, and all proceedings had before the Small Claims Court in counties of this State having a population of not less than 8,250 and not more than 8,350, according to the United States Decennial Census of 1960 or any future such census are hereby validated. All records, dockets, books, petitions, pleadings, materials, supplies, equipment, and all matters relative to said courts are hereby transferred to the Small Claims Court created by this Act. Section 26 . An Act to create a Small Claims Court in each county in this State having a population of not less than 8,250 and not more than 8,350, according to the United States Decennial Census of 1960 or any future such census, approved March 31, 1967 (Ga. L. 1967, p. 2422), is hereby repealed in its entirety. Section 27 . 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

Page 3524

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 28 . 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 1971 Session of the Georgia General Assembly, a bill to re-create, or create, the Small Claims Court of Taylor County, to provide all items necessary for implementing the foregoing; and for other purposes. This 28th day of January, 1971. Ward Edwards Representative 45th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ward Edwards 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 Taylor County News which is the official organ of Taylor County, on the following dates: January 28, Februare 4, 11, 1971. Ward Edwards Representative, 45th District Sworn to and subscribed before me, this 26th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971.

Page 3525

CITY OF ALBANYCORPORATE LIMITS EXTENDED. No. 626 (House Bill No. 866). 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 wards 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 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 (120.0) feet, to the south side of a twenty (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 one thousand two 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 (258.0) 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 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

Page 3526

number 402 and 415 to the south line of land lot number 415; thence run west along the south line of land lot number 415 a distance of one thousand four hundred eightytwo (1482.0) feet more or less to a point; thence run south a distance of one hundred (100) feet to a point; thence run west parallel to and one hundred (100) feet south of the south line of land lot number 415 to the west line of land lot number 416; thence run northerly along the west line of land lot number 416 and 415 to the center line of Gordon Avenue; thence run east northeasterly and easterly along the center line 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 414 to a point one thousand two 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 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 south 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

Page 3527

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 line 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 twenty-five and nine-tenths (1125.9) feet to a point; thence run easterly a distance of one thousand two hundred ninety-four and one-tenth (1294.1) 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 northeasterly 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 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 to the center line of Tuxedo Lane; thence run south and south easterly along the center line of Tuxedo Lane to the center line of Westgate Boulevard; thence run southwesterly along the center line of Westgate Boulevard a distance of one thousand thirty-five (1035.0) 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

Page 3528

run westerly along the south line of land lot 40, second land district of Dougherty County to the west line of land lot 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 right-of-way line of Philema Road; thence easterly along the south right-of-way line of Philema Road to the east bank of the Muckafoone Creek; thence run southeasterly along the east bank of the Muckafoonee Creek to the west bank of the Flint River; thence run east three hundred (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

Page 3529

(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 thirty one (1231.0) feet more or less to the center line of Lines Street; thence run northerly along the center line of Lines Street to the north right-of-way line of Barkley Boulevard extended west; thence run west along the north right-of-way line of Barkley Boulevard extended west a distance of one hundred ninety (190) feet more or less to the west side of a twenty (20) foot alley; thence run north along the west side of a twenty (20) foot alley and the side of said twenty (20) foot alley extended north to the north easterly right-of-way line of the Georgia Northern Railroad; thence run north westerly along the north easterly right-of-way line of the Georgia Northern Railroad a distance of two hundred ten (210) feet more or less to a point; thence run north 89 45[UNK] east a distance of four hundred eighty and seven-tenths (480.7) feet to the west line of land lot 237; thence run north 023[UNK] west a distance of seven hundred eighteen and six tenths (718.6) feet to a point; thence run south 7253[UNK] east a distance of one thousand eight hundred eighty one and four tenths (1881.4) feet to a point; thence run south 018[UNK] east a distance of one thousand four hundred forty nine (1449.0) feet to a point on the north line of land lot 238; thence run east along the north line of land lots 238 and 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 8459[UNK] west along the south line of land lot 233 a distance of one thousand nine hundred thirty four (1934.0) feet more or less to a point; thence run north 011[UNK] east a distance of one thousand five hundred seventy and four tenths (1570.4) feet to a point; thence run south 89 59[UNK] west a distance of twenty (20) feet to a point; thence run north 29 13[UNK] west a distance of one hundred ninety four and seven tenths (194.7) feet to a point; thence run north 01[UNK] west to the southeasterly bank of the Georgia

Page 3530

Power Company Lake; thence run initially east southeasterly 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 southeast corner of land lot 121 and the boundary of the Naval Air Station, Albany, Georgia; thence run south 45 degrees east a distance of two hundred forty (240) feet more or less to a point; thence run south 1853[UNK] east a distance of four hundred fifty-five (455) feet to a point; thence run south 45 degres west a distance of three hundred fifty-three and nine-tenths (353.9) feet to a point; thence run south 45 degrees east a distance of three hundred (300) 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 four-tenths (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) feet to a point; thence run south 8[UNK] west a distance of three hundred eighty nine anf five-tenths (389.5) feet to a point; thence run north 45 degrees west a distance of eight hundred thirty (830) feet more or less to a point; thence run south 45 degrees west to an intersection with a line parallel to and nine hundred (900) feet west of the east line of land lot 157; thence run south along said line parallel to and nine hundred (900) feet west of the east line of land lot 157 and land lot 156 to the north-westerly right-of-way line of the Cordele Road (Georgia Highway 257); thence run southwesterly along the north-westerly right-of-way line of the Cordele Road (Georgia Highway 257) to the east line of land lot 161; thence run southerly along the east 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 three hundred seventeen (2317) feet to a point; thence run southerly a distance of two thousand sixty-three and five-tenths

Page 3531

(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 center line of Sowell Street extended northerly; thence run southerly along the center line 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 east line of land lot 163; thence run south along the east 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) foot alley; thence run northwesterly along the southwesterly side of said twenty (20) foot alley to the center line of North Brierwood Drive; thence run northeasterly along the center line 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 south westerly 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 extended; thence run westerly along said line parallel to and south of the southerly side of Rose Briar Road extended to the center line of South Mock Road; thence run southerly along the center line of South Mock Road to its intersection with the south line of a twenty (20) foot alley south of Tompkins Avenue; thence run westerly along the south line of said twenty (20) 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. 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

Page 3532

the south right-of-way line of U. S. Highway 82; thence run westerly along the south right of way 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 Filnt 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 center line of State Highway 3; thence run northerly along the center line of State Highway 3 to its intersection with the north line of Dixie Heights Subdivision 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 to the center line of Mobile Road; thence run south along the center line of Mobile Road to the center line of Moultrie Road; thence run southeasterly along the center line of Moultrie Road to its intersection with the east line of Kalmon-Malone Subdivision as recorded in the public lands of Dougherty County on page 30, plat book 3 projected north; thence run south along the east line of Kalmon-Malone Subdivision and its projection north to a point one hundred sixty-five (165) feet north of the north right-of-way line of Cannon Avenue; thence run east a distance of eight hundred fifty-eight (858) feet to a point; thence run south a distance of five hundred ninety five (595) feet to a point; thence run west a distance of four hundred nineteen (419) feet to a point; thence run north a distance of one hundred fifteen (115) feet to a point; thence run west a distance of one hundred (100) feet to a point; thence run northwest a distance of one hundred four (104) feet to a point; thence run west to the east line of land lot 242; thence run south along the east line of land lot 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

Page 3533

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 Flint River; thence run south southeasterly a distance of five hundred thirty-one and six-tenths (531.6) feet to a point; thence run east two hundred ninety (290) feet to the west low water line of the Flint River; thence run southerly along the west low water line of the Flint River one hundred thirty (130) feet more or less to a point; thence run west one thousand eight hundred fifty (1850) feet more or less 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 eight hundred fifty-eight (858) feet to a point; thence run westerly a distance of one thousand two hundred (1200) feet to a point; thence run northerly a distance of one thousand six hundred ninety four (1694) feet to a point; thence run north 8902[UNK] west a distance of one thousand seven hundred sixty nine and two-tenths (1769.2) feet to the east right-of-way line of River Road; thence run north along east right-of-way line of River Road 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.

Page 3534

2nd Ward: Ward two shall include all that part of the City of Albany lying west of the center line of Monroe Street and south of the center line of Flint Avenue and being bounded on the north by the center line of Flint Avenue and the center line of Flint Avenue projected west to the center line of the Central of Georgia Railroad; thence along the center line of Central of Georgia Railroad to the center line of Slappey Boulevard and from the center line of Slappey Boulevard along the center line of Gillionville Road to the city limits and bounded on the south and southeast by the center line of Jefferies Avenue from the center line of Monroe Street to the center line of Newton Road and the center line of Newton Road to the City Limits. 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 center line of Eighth Avenue and its extension to the Flint River and bounded on the west by the center line of Slappey Boulevard between the center line of Eighth Avenue and the center line of Central of Georgia Railroad and running easterly along the center line of the Central of Georgia Railroad to the extension of the center line of Flint Avenue and along said extension and the center line of Flint Avenue to the center line of Monroe Street and running along the center line of Monroe Street to the center line of Jefferies Avenue and along the center line of Jefferies Avenue to the center line of Newton Road and along the center line 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 center line of Eighth Avenue and its extension east to the Flint River and its extension west to the center line of Valley Road Alley where said alley intersects north Hilltop Drive, running thence west along the center line of Valley Road Alley and its extension west to the center line of Dawson Road, running thence northwesterly along the center line of Dawson Road, to the City Limits.

Page 3535

5th Ward: Ward five shall include all of that part of the City of Albany bounded on the south by the center line of Gillionville Road to the City Limits and bounded on the east by the center line of Slappey Boulevard and on the north by the center line of Eighth Avenue and its extention west to the centerline of Valley Road Alley where said alley intersects north Hilltop Drive, running thence west along the center line of Valley Road Alley and its extension west to the center line of Dawson Road, running thence northwesterly along the center line of Dawson Road to the City Limits. 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 . The provisions of this bill are severable, and should any provision, or provisions, thereof be declared illegal and ineffective for any purpose, the remaining provisions shall not be in any wise affected thereby. Severability. 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 there will be introduced at the present 1971 session of the General Assembly of Georgia a bill or bills to amend the Charter of the City of Albany so as to extend the corporate limits, to authorize the City of Albany to provide by ordinance for trial by jury before the City Recorder of any offenses required by law to be tried by a jury to provide for the selection, qualifications, impaneling, summoning, and compensation of such juries, to authorize the Recorder of the City of Albany to appoint counsel to represent indigent defendants in all cases where the law requires such appointment, and to authorize the City of Albany to compensate appointed counsel for their services. This 27th day of January, 1971. Eugene R. Clark, Jr. Mayor, City of Albany, Georgia

Page 3536

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy 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: January 28, February 4 and 11, 1971. /s/ Billy Lee Representative, 61st District Sworn to and subscribed before me, this 26th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. CITY OF ALBANYCHARTER AMENDED TO CHANGE ELECTION DATE. No. 627 (House Bill No. 867). An Act to amend the Act creating and establishing a new Charter for the City of Albany, Georgia, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, so as to change the date for holding city general elections and to fix the date for holding city primary elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The Act creating and establishing a new Charter

Page 3537

for the City of Albany, Georgia, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, is hereby amended by striking subsection (a) of section 3 and by substituting in lieu thereof a new subsection (a) to read as follows: (a) Election; supreme governing body, etc . The first election under the terms of this Act shall be held on the Tuesday next following the first Monday in November of 1971, at which time a Mayor, Mayor Pro-Tem, and Commissioners from the First and Fourth Wards shall be elected. An election shall be held on the Tuesday next following the first Monday in November of 1972, at which time Commissioners from the Second, Third and Fifth Wards shall be elected. Thereafter, all future city general elections held for the purpose of electing a Mayor, Mayor Pro-Tem, and/or Commissioners shall be held on the date which shall be provided from time to time by law for the holding of State General elections, except that city general elections shall be held every year for the election of commissioners to succeed those whose terms will expire on the second Monday in January next after said election. All such elections shall be held under the Georgia Municipal Election Code and under such existing charter provisions as shall not be inconsistent therewith. All primary elections for the year 1971 and all future years held by any political party for the purpose of nominating candidates for the offices of Mayor, Mayor Pro-Tem, and/or Commissioners shall be held on the date which shall be provided from time to time by law for the holding of State primary elections, except that said primary elections may be held every year. 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 present 1971 session of the General Assembly of Georgia a bill to amend the Charter of the City of Albany so as to change the date for holding city general elections

Page 3538

and to fix the date for holding city primary elections. This 3rd day of February, 1971. Eugene R. Clark, Jr. Mayor, City of Albany, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy 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 5, 12 and 19, 1971. /s/ Billy Lee Representative, 61st Disttrict Sworn to and subscribed before me, this 26th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. CITY OF ALBANYCHARTER AMENDED REGARDING COUNSEL FOR INDIGENT DEFENDANTS. No. 628 (House Bill No. 868). An Act to amend an Act creating and establishing a new charter for the City of Albany, Georgia, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, so as to

Page 3539

authorize the Recorder of the City of Albany to appoint counsel to represent indigent defendants on trial before the Recorder of the City of Albany in all cases where the law requires the appointment of such counsel; to authorize the City of Albany to compensate appointed counsel for their services; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating and establishing a new charter for the City of Albany, Georgia, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, is hereby amended by adding to section 34 a new subsection to be numbered subsection 20 and to read as follows: (20). The Recorder of the City of Albany, or such other person as may lawfully be presiding over the Recorder's Court of said City, shall have the power and authority to appoint counsel to represent indigent defendants on trial before said court in all cases where the law requires the appointment of such counsel, and it shall be the duty of all lawyers practicing before the bar in the City of Albany, Georgia, to serve when so appointed. The Board of Commissioners of the City of Albany may make reasonable provision for compensating said appointed counsel for their services. Nothing herein shall be construed as requiring the Recorder to appoint counsel to represent indigent defendants in said court unless otherwise required by law. 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 at the present 1971 session of the General Assembly of Georgia a bill or bills to amend the Charter of the City of Albany so as to extend the corporate limits, to authorize the City of Albany to provide by ordinance for trial by jury before the City Recorder of any offenses required by law

Page 3540

to be tried by a jury to provide for the selection, qualifications, impaneling, summoning, and compensation of such juries, to authorize the Recorder of the City of Albany to appoint counsel to represent indigent defendants in all cases where the law requires such appointment, and to authorize the City of Albany to compensate appointed counsel for their services. This 27th day of January, 1971. Eugene R. Clark, Jr., Mayor, City of Albany, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy 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: January 28, February 4 and 11, 1971. /s/ Billy Lee Representative, 61st District Sworn to and subscribed before me, this 26th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971.

Page 3541

DOUGHERTY COUNTY AUTHORIZED TO DISTRICT COUNTY AND PROVIDE WATER AND SEWERAGE SERVICE WHEN AUTHORIZED BY REFERENDUM, ETC. No. 629 (House Bill No. 869). An Act to give the governing authority of Dougherty County the authority to district Dougherty County so as to provide water and sanitary sewerage services in such districts; to give to the governing authority the power to levy a tax upon the taxable property in each district established for the purpose of constructing and maintaining water and sanitary sewerage facilities; to provide for the submission to the qualified voters of each district the question as to whether or not water and sanitary sewerage facilities shall be established in each 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 Dougherty County is hereby authorized to district all areas outside the incorporated municipalities in Dougherty County so as to provide water and sanitary sewerage services in such districts. Authorization. Section 2 . Upon the establishment of districts in areas outside the incorporated areas of municipalities in Dougherty County, the governing authority shall submit the question as to whether or not water and sanitary sewerage services shall be provided in such districts to the qualified voters of such district in an election for that purpose, which election shall be held as now or hereafter provided by the laws of the State of Georgia. Districts. Section 3 . Upon a majority of the qualified voters of any district voting in an election as provided above, voting in favor of providing water and sanitary sewerage services in such district, the governing authority shall have the authority to levy a tax upon the taxable property in such

Page 3542

district for the purpose of constructing and maintaining water and sewerage facilities therein. Election. Section 4 . The ballot submitting the above question as to whether or not to provide water and sanitary sewerage facilities in such districts established as above provided for, shall have written or printed thereon, the following: YES () NO () Shall the governing authority of Dougherty County be given the authority to levy a tax upon the taxable property in the district for the purpose of constructing and maintaining water and sanitary sewerage facilities therein? Referendum. 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 1971 Session of the General Assembly of Georgia, a bill to authorize the Commissioners of Dougherty County, Georgia to district the County so as to provide water and sewerage services to such districts; and for other purposes. This 5th day of February, 1971. Jesse W. Walters Attorney for Dougherty County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy 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

Page 3543

Dougherty County, on the following dates: February 6, 13 and 20, 1971. /s/ Billy Lee Representative, 61st District Sworn to and subscribed before me, this 26th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. JOINT BOARD OF REGISTRARS FOR DOUGHERTY COUNTY AND THE CITY OF ALBANY CREATED. No. 630 (House Bill No. 870). An Act to provide for a joint Board of Registrars for Dougherty County and the City of Albany; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . There is hereby created in Dougherty County, Georgia, and the City of Albany a Joint Board of Registrars which shall have the same powers, duties and responsibilities granted to and incumbent upon a Board of Registrars by Title 34 of the Georgia Code of 1933, as now or hereafter amended, and the same duties and powers granted to Boards of Registrars for municipalities and the City of Albany as now or hereafter established by law. Creation. Section 2 . The Board of Registrars for Dougherty County and the City of Albany shall be composed of three (3) members, two of whom shall be electors and residents of

Page 3544

Dougherty County and one of whom shall be an elector and a resident of the City of Albany, and all of whom shall be appointed as hereafter provided in lieu of the present method of appointment. Members. Section 3 . Two of the Registrars shall be appointed by the governing authority of Dougherty County and one of such two shall be designated by the governing authority of Dougherty County as Chief Registrar. The members appointed by the governing authority of Dougherty County, including the Chief Registrar, shall serve as such at the pleasure of the governing authority of the county. The third member of the Board of Registrars shall be appointed by the governing authority of the City of Albany and shall serve as such at the pleasure of the governing authority of the City. Appointment. Section 4 . The compensation of the Chief Registrar shall be fixed by the governing authority of the County and the compensation of the remaining members of the Board shall be fixed by the governing authorities of the County and the City. Chief Registrar. Section 5 . All appointments of members of the Board shall be entered on the minutes of the appropriate governing authority and the governing authority of the County shall also enter on its minutes the designation of the Chief Registrar. It shall be the duty of the governing authorities to certify the appointments and designations to the Secretary of State within thirty (30) days after such appointments and designations. In certifying such names to the Secretary of State, the governing authorities shall also list the addresses of the registrars. Minutes to show appointments. Section 6 . No person who holds elective public office shall be eligible to serve as a member during the term of such elective office and the position of any member shall be deemed vacant upon such member qualifying as a candidate for elective public office. Eligibility. Section 7 . Any registrar shall have the right to resign at any time by submitting a resignation to the appropriate

Page 3545

governing authority. All vacancies on the Board shall be filled by the appropriate governing authority. Vacancies. Section 8 . The first appointments under the provisions hereof shall be made within thirty (30) days following the effective date of this Act. The persons presently serving as registrars in Dougherty County shall continue to serve until the appointments as above provided are made. Section 9 . The governing authorities may furnish such employees and facilities as they deem necessary for the operation of the office and affairs of the Board of Registrars. Personnel. Section 10 . This Act is intended to implement the authority granted by a proposed amendment to the Constitution found in Ga. L. 1970, p. 1126, and which was ratified in the 1970 General Election. Intent. Section 11 . 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 1971 Session of the General Assembly of Georgia, a bill to implement the authority granted in a Constitutional Amendment approved by the voters of Dougherty County at the general election of 1970, the said Constitutional Amendment authorizing the creation of a joint Board of Registrars for Dougherty County and the City of Albany; and for other purposes. This 5th day of February, 1971. Jesse W. Walters, Attorney for Dougherty County Georgia, Fulton County. Personally appeared before me, the undersigned authority,

Page 3546

duly authorized to administer oaths, Billy 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 6, 13 and 20, 1971. /s/ William S. Lee Representative, 61st District Sworn to and subscribed before me, this 26th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. AMENDMENT OF COUNTY ROAD SYSTEM ACT TO SHOW POPULATION CHANGE. (600,000 OR MORE). No. 633 (House Bill No. 894). An Act to amend an Act approved February 21, 1951, (Ga. L. 1951, p. 765, et seq.), pertaining to county road system in certain counties so as to strike the population requirements and insert in lieu thereof the population figures of 600,000 so that said Act, when so amended, shall apply only in counties having a population of 600,000 or more, according to the last United States Census or any future such census; to repeal conflicting laws; to provide the effective date of the Act; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same:

Page 3547

Section 1 . The Act approved February 21, 1951, (Ga. L. 1951, p. 765, et. seq.), providing for certain regulations regarding county road systems in counties having a population of 300,000 or more be, and the same is hereby, amended by striking the population figures of 300,000 wherever they appear in said Act or any amendments thereof and inserting in lieu thereof the population figures 600,000 so that said Act, when further hereby amended, shall apply only to counties having a population of 600,000 or more, according to the last United States Census or any future such census. Section 2 . Should any part, paragraph or portion of this Act be declared unconstitutional by any court of competent jurisdiction, such shall not affect the remaining portions of this Act but the same shall remain in full force and effect as if independently adopted by the Legislature. Severability. Section 3 . All laws and parts of laws in conflict herewith are hereby repealed. Section 4 . This Act shall become effective upon its passage and approval as provided by law. Effective date. Approved April 10, 1971. DEKALB COUNTY RECORDER'S COURT ACT AMENDED TO CHANGE PLACE OF HOLDING COURT, ETC. No. 634 (House Bill No. 895). An Act to amend an Act approved March 8, 1956, (Ga. L. 1956, Vol. II, p. 3237), as amended by an Act approved March 17, 1959, (Ga. L. 1959, Vol. II, p. 3093), creating the DeKalb County recorder's court, so as to delete from said Act, as amended, the provision that the recorder's court shall be held in the county seat and to provide in lieu thereof that the recorder's court may be held at such place or places as may be designated by the

Page 3548

Board of Commissioners of DeKalb County; to provide for severability; to repeal conflicting laws; to provide the effective date of the Act and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same that the Act approved by the General Assembly on March 8, 1956, (Ga. L. 1956, Vol. II, p. 3237), creating a Board of Commissioners of Roads and Revenues of DeKalb County, as amended by an Act approved March 17, 1959, (Ga. L. 1959, Vol. II, 3093, et. seq.), be, and the same is hereby, further amended as follows: Section 1 . By deleting from said Act approved March 17, 1959, in section 12, at page 3098, the provisions in the county seat and inserting in lieu thereof, at such place or places as may be designated by the Board of Commissioners of DeKalb County so that said section when so amended shall read as follows: Said recorder's court shall be held at such place or places as may be designated by the Board of Commissioners of DeKalb 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 2 . Should any part, paragraph or portion of this Act be declared unconstitutional by any court of competent jurisdiction, such shall not affect the remaining portions of this Act but the same shall remain in full force and effect as if independently adopted by the Legislature. Severability. Section 3 . All laws and parts of laws in conflict herewith are hereby repealed. Section 4 . This Act shall become effective upon its passage and approval as provided by law. Effective date. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at

Page 3549

the January, 1971, Session of the General Assembly of Georgia a Bill to amend an Act approved March 8, 1956, (Ga. L. 1956, Vol. II, p. 3237) creating a Chairman and Board of Commissioners of DeKalb County, as amended by an Act approved March 17, 1959, creating the DeKalb County Recorder's Court, so as to delete the provision that the Recorder's Court shall be held in the County seat and to provide that the Recorder's Court may be held where designated by the Board of Commissioners; to repeal conflicting laws and for other purposes. This 29th day of January, 1971. Walt Davis Representative, 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 4, February 11, and February 18, 1971. /s/ Britt Fayssoux Sworn to and subscribed before me, this 18th day of February, 1971. /s/ Carol E. Wheeler, Notary Public, Georgia, State at Large. My Commission Expires Feb. 21, 1971. (Seal). Approved April 10, 1971.

Page 3550

CITY OF BRUNSWICKCHARTER AMENDED SO AS TO CHANGE TERMS OF COMMISSIONERS, ETC.REFERENDUM. No. 635 (House Bill No. 899). An Act to amend the charter of the City of Brunswick, in the County of Glynn, so as to change the terms of office of the commissioners; to extend the terms of office of certain commissioners; to change the times for holding the general municipal primary and election; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . (a) The commissioner who shall be elected to office in the 1971 general election shall serve for a term of office of one year and until his successor is duly elected and qualified. Terms. (b) The commissioners who shall be elected to office in the 1972 general election shall serve for a term of office of four years and until their successors are duly elected and qualified. (c) The terms of office of the remaining commissioners shall not expire until 1974 and their terms of office are hereby extended until such time. Their successors shall be elected in the 1974 general election to serve for a term of office of four years and until their successors are duly elected and qualified. (d) After the 1974 election, all subsequent successors to the commissioners of the City of Brunswick shall be elected in the general election which is conducted in that year in which the respective term of office shall expire and the commissioners so elected shall serve for a term of office of four years and until their successors are duly elected and qualified. Section 2 . Effective January 1, 1972, the general municipal

Page 3551

primary for the City of Brunswick shall be conducted on the second Wednesday in September of each even-numbered year and the municipal general election shall be conducted on the Tuesday next following the first Monday in November of each even-numbered year. Elections. Section 3 . Not less than 30 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 municipal election superintendent of the City of Brunswick to issue the call for an election for the purpose of submitting this Act to the voters of said city for approval or rejection. The superintendent 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 superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Glynn County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act changing the terms of office of the commissioners of the City of Brunswick, extending the terms of office of certain commissioners, and changing the dates upon which the city primaries and elections are held be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Brunswick. It shall be the duty of the superintendent 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.

Page 3552

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 regular 1971 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Brunswick, to provide that the Commissioner at large shall be eligible to succeed himself for unlimited terms of office; to change the dates upon which the city's primaries and elections shall be conducted; to change the terms of office of the Commissioners; to extend the terms of office of certain Commissioners; to provide the procedures connected therewith; to provide for a referendum; and for other purposes. This 25th day of January, 1971. Lowell E. Leggett Representative, 67th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lowell E. (Gene) Leggett, 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: January 30, February 6 and February 13, 1971. /s/ Lowell E. Leggett Representative, 67th District Sworn to and subscribed before me, this 1st day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971.

Page 3553

TOWN OF GOOD HOPECHARTER AMENDED TO CHANGE MAYOR'S TERM, ETC. No. 636 (House Bill No. 900). An Act to amend an Act incorporating the Town of Good Hope, in the County of Walton, approved August 11, 1905 (Ga. L. 1905, p. 855), so as to change the term of the mayor; to change the number and terms of the councilmen; to provide for council posts; 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 Good Hope, in the County of Walton, approved August 11, 1905 (Ga. L. 1905, p. 855), 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 municipal government of said town shall be vested in a mayor and five councilmen, who shall have been bona fide citizens resident of said town, for the full term of six months just preceding their election to office. Said municipal government shall be styled the `Town of Good Hope', and by that name are hereby made a body corporate; as such they shall have perpetual succession, shall have and use a common seal, may contract and be contracted with, sue and be sued, plead and be impleaded, hold, own, possess, sell and convey for the use of said town, any real or personal property of any kind, or purchase such real and personal property as is necessary for the use of said town. That the said mayor and council of said town may pass such ordinances, rules, resolutions, by-laws and regulations not in conflict with the provisions of this charter, the Constitution and the laws of the State of Georgia, or of the United States, which they may deem necessary to the good government of said town, the protection of the property therein, the peace, comfort, health, good order and convenience of the citizens thereof, and to fix suitable penalties for violations of such rules, ordinances,

Page 3554

by-laws and regulations, and enforce such penalties when they have been fixed. 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. Said mayor and council shall be elected by the qualified voters of said town. All elections for mayor and councilmen shall be on the first Saturday in each year. The regular terms of office of the mayor and councilmen of said town shall be for two years or until the election and qualification of their successors, except when a vacancy occurs by death, resignation, or otherwise, when the remaining members shall fill such vacancy of mayor or councilmen by an election held by them for such purpose at any time, to fill the unexpired term of the person or persons causing such vacancy. There are hereby created five posts for councilmen for the Town of Good Hope, to be numbered Posts 1, 2, 3, 4 and 5. Said posts shall each be for the Town at large. Candidates for councilmen shall designate the post for which they seek to be elected and the candidate receiving a majority of the votes cast for the post to which he is seeking election, shall be elected to that post. Section 3 . [Illegible Text] [Illegible Text] 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 1971 session of the General Assembly of Georgia a bill to provide for a change in the Charter of the Town of Good Hope, Georgia to provide for elections every two years; to provide for election districts; to provide for an effective date of said act; and for other purposes. This 10th day of February, 1971. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin W. Sorrells,

Page 3555

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: February 10, 17 and 24, 1971. /s/ Marvin W. Sorrells Representative, 24th District Sworn to and subscribed before me, this 1st day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. ACT CREATING LAW LIBRARIES IN CERTAIN COUNTIES AMENDED TO CHANGE POPULATION FIGURES. (165,000-185,000). No. 638 (House Bill No. 902). An Act to amend an Act relating to the creation of law libraries in certain counties, approved March 28, 1961 (Ga. L. 1961, p. 2482), so as to change certain of the population figures and census contained therein; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act relating to the creation of law libraries in certain counties, approved March 28, 1961 (Ga. L. 1961, p. 2482), is hereby amended by striking from section 1 the following:

Page 3556

having a population of not less than 150,000, and not more than 175,000, according to the United States official census for 1960, or any future census,, and substituting in lieu thereof the following: having a population of not less than 165,000 and not more than 185,000 according to the U. S. decennial census of 1970 or any such future census. 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. Approved April 10, 1971. ACT CREATING EMERITUS OFFICES FOR RETIRING DEPARTMENT HEADS IN CERTAIN COUNTIES AMENDED TO CHANGE POPULATION FIGURES. (165,000-185,000). No. 639 (House Bill No. 903). An Act to amend an Act providing for emeritus offices for retiring department heads in certain counties, approved March 3, 1962 (Ga. L. 1962, p. 2954), so as to change certain of the population figures contained therein; 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 emeritus offices for retiring department heads in certain counties, approved March 3, 1962 (Ga. L. 1962, p. 2954), is hereby amended

Page 3557

by striking from section 1 the following: having a population of not less than one hundred forty-five thousand (145,000) and not more than one hundred eighty-five thousand (185,000) according to the 1960 Census or any future census, and substituting in lieu thereof the following: having a population of not less than 165,000 and not more than 185,000 according to the U. S. decennial census of 1970 or any such future census,. 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. Approved April 10, 1971. ACT RELATING TO CERTAIN FEES OF CERTAIN SUPERIOR COURT CLERKS TO SHOW CHANGE IN POPULATION FIGURES. (165,000-185,000). No. 640 (House Bill No. 905). An Act to amend an Act relating to certain fees of certain clerks of superior courts, approved March 5, 1961 (Ga. L. 1961, p. 3021), so as to change certain of the population figures contained therein; 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 relating to certain fees of certain clerks of superior courts, approved March 5, 1961 (Ga. L.

Page 3558

1961, p. 3021), is hereby amended by striking from section 1 the following: having a population of not less than 150,000 and not more than 175,000 according to the United States Census of 1960 or any future United States Census, and substituting in lieu thereof the following: having a population of not less than 165,000 and not more than 185,000 according to the U. S. decennial census of 1970 or any such future census,. 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. Approved April 10, 1971. ACT RELATING TO TERMS OF MEMBERS OF BOARD OF TAX ASSESSORS IN CERTAIN COUNTIES AMENDED TO SHOW POPULATION CHANGE (165,000-185,000). No. 641 (House Bill No. 906). An Act to amend an Act relating to the terms of office of the members of the board of tax assessors in certain counties, approved April 5, 1965 (Ga. L. 1965, p. 2190), so as to change certain of the population figures and census contained therein; 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 relating to the terms of office of

Page 3559

the members of the board of tax assessors in certain counties, approved April 5, 1965 (Ga. L. 1965, p. 2190), is hereby amended by striking from section 1 the following: having a population of not less than 150,000 nor more than 175,000, according to the United States Census of 1960, or of any future United States Census,, and substituting in lieu thereof the following: having a population of not less than 165,000 and not more than 185,000 according to the U. S. decennial census of 1970 or any such future census. 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. Approved April 10, 1971. URBAN REDEVELOPMENT LAW AMENDED TO SHOW POPULATION CHANGES, ETC. (165,000-185,000). No. 645 (House Bill No. 911). An Act to amend the Urban Redevelopment Law, approved March 3, 1955 (Ga. L. 1955, p. 354), as amended, particularly by an Act approved March 4, 1966 (Ga. L. 1966, p. 158), so as to change certain of the population figures and census contained therein; 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 Urban Redevelopment Law, approved March 3, 1955 (Ga. L. 1955, p. 354), as amended, particularly

Page 3560

by an Act approved March 4, 1966 (Ga. L. 1966, p. 158), is hereby amended by striking from subsections (b) and (d) of section 19 the following: having a population of 150,000 and not more than 175,000 according to the United States Census of 1960, or any future such census, and substituting in lieu thereof the following: having a population of 165,000 and not more than 185,000 according to the U. S. decennial census of 1970 or any such future census. Section 2 . Said Act is further amended by deleting in its entirety that paragraph which reads as follows: All powers, privileges, duties or immunities now or heretofore granted to municipalities by the Urban Redevelopment Law, and all Acts amendatory thereof, are hereby granted to and conferred upon every county of this State having a population of 250,000 and not more than 500,000 according to the 1960 United States Census or any future such census, and, upon every county of this State having a population of 150,000 and not more than 175,000 according to the 1960 United States Census or any future such census, and substituting in lieu thereof the following: All powers, privileges, duties or immunities now or heretofore granted to municipalities by the Urban Redevelopment Law, and all Acts amendatory thereof, are hereby granted to and conferred upon every county of this State having a population of 250,000 and not more than 500,000 according to the 1960 United States Census or any future such census, and, upon every county of this State having a population of 165,000 and not more than 185,000 according to the U. S. decennial census of 1970 or any such future census. Section 3 . This Act shall become effective upon its approval

Page 3561

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. Approved April 10, 1971. TOWN OF HILTONIACHARTER AMENDED. No. 647 (House Bill No. 921). An Act to amend an Act incorporating the town of Hiltonia, in the County of Screven, State of Georgia, approved August 14, 1915 (Ga. L. 1915, p. 623), as amended, so as to repeal the provisions relative to intoxicating beverages; to change the penalties which can be imposed by the mayor's court; 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 Hiltonia, in the County of Screven, State of Georgia, approved August 14, 1915 (Ga. L. 1915, p. 623), as amended, is hereby amended by striking section 13, relating to intoxicating beverages, in its entirety. Section 2 . 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 mayor and council shall have the power to establish a mayor's court for the trial of all offenders against the ordinances of said town, and shall have power to prescribe that any violation of the ordinances of said town, by any person, shall be punished by a fine not exceeding $300.00, or imprisonment at hard labor on the streets of said town for not exceeding thirty (30) days, or both fine and imprisonment at the discretion of the

Page 3562

mayor. The defendant shall have the right, by the payment of all cost, to appeal to the council from any decision of the mayor. When sitting as a court for the trial of offender, the said court shall have the power to punish for contempt by fine not exceeding $50.00, imprisonment or work in the manner already prescribed in this Section not exceeding ten (10) days, or both, at the direction of the court. Mayor's court. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Proposed Amendment to the Charter of the Town of Hiltonia. Please take notice that the undersigned representative in and for the 44th Legislative District of the State of Georgia intends to introduce legislation at the current session of the General Assembly of the State of Georgia to amend the Charter of the Town of Hiltonia and for certain other matters. This February 10, 1971. George Chance Representative for the 44th Legislative District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Chance, 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 12, 19 and 26, 1971. /s/ George Chance Representative, 44th District

Page 3563

Sworn to and subscribed before me, this 25th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. DEPOSIT OF COUNTY FUNDS IN BONDS, ETC. IN CERTAIN COUNTIESACT AMENDEDPOPULATION CHANGES. (20,600-21,000). No. 648 (House Bill No. 930). 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), as amended, particularly by an Act approved April 25, 1969 (Ga. L. 1969, p. 3655), so as to change the counties to which the 1969 amendatory Act applies; 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), as amended, particularly by an Act approved April 25, 1969 (Ga. L. 1969, p. 3655), is hereby amended by striking from section 1 the following: In all counties with populations of not less than 18,050 and not more than 18,300, according to the 1960, and by inserting in lieu thereof the following: In all counties with populations of not less than 20,600 and not more than 21,000, according to the 1970.

Page 3564

Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1971. TWIGGS COUNTYPROVISION FOR RESIDENCE OF MEMBERS OF BOARD OF COMMISSIONERS MADE, ETC. No. 649 (House Bill No. 935). An Act to provide that the members of the Board of Commissioners of Twiggs County shall reside within specified militia districts, but that each said member shall be elected by the qualified voters of Twiggs County; 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 of the Board of Commissioners of Twiggs County, beginning with the general election in 1972, Twiggs County is divided into five Commission Districts: Commission District one shall be composed of the Jeffersonville and Bluff militia districts; Commission District two shall be composed of the Hammock and McDonald militia districts; Commission District three shall be composed of the Smith and Pearson militia districts; Commission District four shall be composed of the Tarverville and Shady Grove militia districts; and Commission District five shall be composed of the Higgsville and Ware militia districts. Each candidate for the Board of Commissioners of Twiggs County shall reside within the Commission District from which he offers for election, but the qualified electors of the entire County of Twiggs shall vote for members of the Board of Commissioners. No person shall be eligible to represent a district unless he shall have been a resident of the district from which he offers for election to the Board of Commissioners for at least one year immediately preceding the date of the election. In the event a member moves his residence from

Page 3565

the district he represents his position on the board shall immediately be vacant. 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 1971 Session of the General Assembly of Georgia, a bill to change the method of electing the Board of Commissioners of Twiggs County; and for other purposes. This 4th day of February, 1971. John H. Hadaway Representative, 27th District 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 Twiggs County New Era, which is the official organ of Twiggs County, on the following dates: February 11, 18 and 25, 1971. /s/ John H. Hadaway Representative, 27th District Sworn to and subscribed before me, this 25th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971.

Page 3566

BUTTS COUNTY BOARD OF COMMISSIONERSPURCHASES AND SALES, ETC. No. 651 (House Bill No. 939). 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 change the provisions relative to taking bids for purchases and sales; 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 Butts County, approved February 24, 1941 (Ga. L. 1941, p. 793), as amended, is hereby amended by adding at the end of section 11 the following: Notwithstanding any of the restrictions as set forth in the foregoing Sections and provisions of this Act, the said Governing Authority shall have the authority in making such expenditures of county funds in keeping all county-owned equipment, motor vehicles, machinery and other property in proper repair, and in furnishing county officers with the necessary equipment, supplies and fixtures for their respective departments for the efficient and proper operation, including office equipment for the Governing Authority, without the necessity of securing bids., so that when so amended, section 11 shall read as follows: Section 11. In all transactions of said Board involving the funds of the county where the amount of goods, merchandise, materials or equipment to be bought or sold amounts to more than three hundred ($300) dollars, the Board shall, before selling or buying the same, advertise for bids upon the bulletin board in the courthouse of Butts County, and at least once in the official county organ, at least ten days before contracts are to be let or awarded. When bids are opened, the contracts shall be let or awarded to the best and lowest bidder, but the Board shall have the right to reject any and all bids, and to readvertise

Page 3567

for further bids in the manner above provided. Before any contract is let or awarded to any person, firm or corporation for the sale or purchase of goods, wares or merchandise involving the expenditure of more than three hundred ($300) dollars there must have been at least two bids of record with the Board. All bids whether accepted or rejected shall be filed for permanent record. Notwithstanding any of the restrictions as set forth in the foregoing Sections and provisions of this Act, the said Governing Authority shall have the authority in making such expenditures of county funds in keeping all county-owned equipment, motor vehicles, machinery and other property in proper repair, and in furnishing county officers with the necessary equipment, supplies and fixtures for their respective departments for the efficient and proper operation, including office equipment for the Governing Authority, without the necessity of securing bids. 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 January, 1971 session of the General Assembly of Georgia, a bill to provide that the Board of Commissioners of Butts County shall have discretionary powers in securing services for Butts County and in buying the necessary equipment to furnish to other county officers; and for other purposes. This 1st day of February, 1971. Phillip Benson Ham Representative, 33rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Phillip Benson Ham, who, on oath, deposes and says that he is Representative

Page 3568

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 4, 11 and 18, 1971. /s/ Phillip Benson Ham Representative, 33rd District Sworn to and subscribed before me, this 1st day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. BUTTS COUNTY WATER AUTHORITY ACT. No. 652 (House Bill No. 940). An Act to create the Butts County Water Authority and to authorize such Authority to acquire, construct, and thereafter operate and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, governmental agencies and municipalities; to provide funds for initial survey of the watersheds and proposed project; to confer powers and impose duties on the Authority; to provide for the membership of the Authority, their tenure of office and their compensation; to authorize the Authority to contract with others pertaining to the water 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 certificates of the Authority

Page 3569

payable from the revenues of the Authority from tolls, fees, charges and earnings of the Authority and to pay the cost of such undertakings and projects and to authorize the collection and pledging of the revenues and earnings of such Authority for the payment of such certificates; to authorize said Authority to establish a sewer system or systems in said county so as to vest in the Butts County Water Authority the same powers, jurisdiction and authority it has by virtue of this Act, so as to vest such Authority with the same powers and authority with reference to a sewer system or systems as it may have to establish, operate and maintain a water system; to provide that all of the acts of said Authority shall be approved by the county governing authority; to provide for the separate enactment of each of the provisions of this Act, and to provide that the rights and powers conferred by this Act shall be cumulative and in addition to the existing laws; to provide for the power of eminent domain; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . That the County of Butts shall have the right, power and authority to operate, build and maintain a waterworks system, together with the right to acquire lands, construct waterworks facilities, including projects embracing sources of water supply and related facilities; to establish fire protection services; to sell water and its related facilities to individuals, private concerns, governmental agencies and municipalities and counties of this State, and to further authorize the said County of Butts to accept franchises for that purpose granted by other municipalities and by counties of this State to said County of Butts. Section 2 . The powers granted by this Act shall authorize the County of Butts to lay or construct water mains and water distribution system both within and without the limits of said county, and to issue water revenue-anticipation certificates for such purposes as may be authorized by law.

Page 3570

Section 3 . The said County of Butts shall have the right, power and authority to exercise police powers over the entire water system and shall have the right and authority to make rules and regulations governing the construction, operation, and maintenance, extension and connections with any water main within or without the limits of said county and shall have the right and authority to require all users of water who connect with the water mains to install proper meters and make connections in accordance with the rules and regulations provided therefor and shall have the right and authority to refuse to sell or furnish water to any person, firm, county, corporation or municipality who fails or refuses to comply with such rules and regulations as may be promulgated for the operation of said water system. Nothing contained herein shall be construed as requiring the county to furnish water to any consumer if in the discretion of said county it is not deemed feasible or desirable to do so. Section 4 . The said water system is to be constructed, maintained and operated for and on behalf of said county by a five man board known as the Butts County Water Authority which shall be composed of five citizens of Butts County who shall be appointed within 60 days after the effective date of this Act by the Board of Commissioners of Butts County as follows: two members shall be appointed for terms expiring June 30, 1972, and until their successors are appointed and qualified; two members shall be appointed for terms expiring June 30, 1973, and until their successors are appointed and qualified; and one member shall be appointed for a term expiring June 30, 1974, and until his successor is appointed and qualified. Thereafter, the successors to the members of said board of the Butts County Water Authority shall be appointed for terms of three years each, and until their successors are appointed and qualified; and shall take office on July 1st following the expiration of the member's term they are apointed to succeed. They shall organize and elect themselves a chairman, vice-chairman, and secretary, and shall report their actions to the grand jury of said county meeting at the August term of the superior court of said county. They shall have the right to fill any vacancies that may

Page 3571

occur on said board prior to the regular expiration of a regular term. A majority of said board shall constitute a quorum for the transaction of business, and they shall have the right to meet whenever they shall deem it for the best interest of said Authority. Notice of such meeting shall be given each member in writing at least three days before such meeting, and a majority of said board or the chairman may call such meeting upon giving the required notice. The officers of said board shall serve at the pleasure of said board. Members of the board shall receive no compensation but shall be reimbursed for their actual expenses out of the funds of Butts County. Section 5 . Said board shall have general supervision and control over the entire water system or systems that may be constructed and placed in operation for said county, together with the right to expand or curtail such operations as it may deem advisable. The board shall regulate and provide for the use of its water, fix the time, place and rates for such usage, and in default may cause such services to be discontinued until all arrears are fully paid, and may issue executions for any amount that may be past due and the secretary or clerk of said board is hereby authorized and empowered to issue executions therefor, which may be levied and collected as other executions. The board shall have power to construct, alter, expand and maintain such water system with the funds made available to it by the county governing authority by the issuance and sale of bonds, or revenue-anticipation certificates issued by said county, and by funds arising from the operation of said water system. The Authority shall have the right to join with the county in the issuance of revenue-anticipation certificates and pledge the revenues of the Authority to the payment of any such certificates so issued. Section 6 . The board is hereby charged with the duty of collection for all services rendered by said water system of said county and is hereby required to keep money so collected in a bank or banks as may be required by the county governing authority. Any person handling any of such funds shall be required to give a surety bond in such amount as may be required by said board and approved by the

Page 3572

county governing authority. The board at all times shall maintain a schedule of fees, rates and tolls for the services of said water system as shall be sufficient to retire any revenue certificates, or other indebtedness incurred in the construction, maintenance, operation, and expansion of said water system, and to provide for any reserves and funds required to be maintained by the county in connection with the issuance of any such revenue certificates, together with sufficient amounts to pay the current operating costs of such water system. Any funds accumulated in excess of those required for the above purposes and not needed in the operation, maintenance, and expansion of such system, shall be transferred to the county governing authority to retire any general obligation water bonds that may be outstanding and any excess over the payments that may be due on such bonds shall be used by said county for any legal purposes for which taxes may be levied or expended. Section 7 . The board shall have power to employ or discharge its employees at its pleasure. It shall make semi-annual reports to the county governing authority of all monies it has received and expenditures made in the operation of said water system. Section 8 . The governing authority of Butts County shall provide such funds as it shall deem appropriate to be used for the initial survey of watersheds and proposed projects and for meeting expenses for members of the Authority. Section 9 . The said Butts County Water Authority is hereby authorized to construct a county sewerage system in said county, and all rights conferred to said board to construct, operate, and maintain a water system for said county and to join with the county in the issuance of revenue-anticipation certificates for that purpose, shall likewise apply to the construction, operation and maintenance of a sewerage system for said county. Said Authority shall be authorized to charge a sewerage tap-on fee in addition to all other powers hereinabove enumerated. Section 10 . Any water or sewerage systems that may

Page 3573

be constructed under the provisions of this Act shall be construed to be property of Butts County, and nothing in this Act shall be construed to limit the said County of Butts in issuing bonds, revenue certificates or any other means of financing as are now or hereafter recognized by law for the development of such water or sewerage facilities. The powers and rights conferred by this Act shall be cumulative to the powers and rights that now exist. Section 11 . Said Butts County Water Authority 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. Section 12 . The term county governing authority used in this Act shall be construed to mean the regularly elected commissioner or commissioners of said county. 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 in the January, 1971 session of the General Assembly of Georgia, a bill to authorize Butts 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 Butts County and a Butts County water department; and to establish a Butts County Water, Sanitation, Sewerage and Fire Protection Authority, and to specify its duties and authority; and for other purposes. This 1st day of February, 1971. Phillip Benson Ham Representative, 33rd District

Page 3574

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Phillip Benson Ham 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 4, 11 and 18, 1971. Phillip Benson Ham Representative, 33rd District Sworn to and subscribed before me, this 1st day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. TOWN OF SNELLVILLECHARTER AMENDED. No. 653 (House Bill No. 941). An Act to amend an Act incorporating the Town of Snellville in the County of Gwinnett, approved August 20, 1923 (Ga. L. 1923, Ex. Sess., p. 775), as amended, so as to change the provisions relative to the election of the mayor and councilmen; to provide for a recorder's court; 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 incorporating the Town of Snellville in the County of Gwinnett, approved August 20, 1923 (Ga.

Page 3575

L. 1923, Ex. Sess., p. 775), as amended, is hereby amended by striking Section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. (a) Any person desiring to offer as a candidate for mayor of the Town of Snellville shall specify that he is offering for the office of mayor. (a) For the purpose of electing the five councilmen of the Town of Snellville, there shall be five council posts to be designated Council Post 1 through Council Post 5. Any person desiring to offer as a candidate for councilman shall designate the council post for which he is offering. The two councilmen whose terms expire December 31, 1971, shall be the councilmen from Council Post 1 and Council Post 2. The three councilmen whose terms expire on December 31, 1972, shall be the councilmen from Council Posts 3, 4 and 5. For the purpose of holding the elections in 1971 and 1972, as provided for in subsections (c) and (d) of this Section, it shall be the duty of the mayor of the Town of Snellville, by not later than July 1, 1971, to name one of the two incumbent councilmen whose term expires on December 31, 1971, as the councilman from Council Post 1 and the other as the councilman from Council Post 2 and to name one of the three incumbent councilmen whose term expires on December 31, 1972, as the councilman from Council Post 3, one as the councilman from Council Post 4 and one as the councilman from Council Post 5. (c) An election shall be held in the Town of Snellville on the first Monday in December 1971, for the election of the mayor and the two councilmen from Council Posts 1 and 2. The candidate for mayor and the candidates for Council Posts 1 and 2 who receive a majority of the votes cast at said election shall be declared the winners and shall take office on January 1, 1972, for terms of two years and until their successors are elected and qualified. Thereafter, their successors shall be elected in the same manner on the first Monday in December immediately preceding the expiration of their terms of office and shall take office on January 1, immediately following their election for terms of two years and until their successors are elected and qualified.

Page 3576

(d) An election shall be held in the Town of Snellville on the first Monday in December 1972, for the election of the three councilmen from Council Posts 3, 4 and 5. The candidates for each council post who receive a majority of the votes cast at said election shall be declared the winners and shall take office on January 1, 1973, for terms of two years and until their successors are elected and qualified. Thereafter, their successors shall be elected in the same manner on the first Monday in December 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 two years and until their successors are elected and qualified. (e) In the event no candidate for mayor or no candidate for any council post receives a majority of the votes cast at any of the elections to be held on the first Monday of December, as provided for in subsections (c) and (d) of this Section, then a runoff election shall be held on the third Monday in December. Only those two candidates for mayor or for any council post who received the highest number of votes cast at the first election shall appear on the ballot for the runoff election, and any such candidate who receives a majority of the votes cast at said runoff election shall be declared the winner. Section 2 . Said Act is further amended by striking sections 9 and 10 in their entirety and substituting in lieu thereof new sections 9 and 10 to read as follows: Section 9. The mayor of said Town and in his absence, or, in cases where he is disqualified, the mayor pro tem, who shall be elected by the councilmen from their own number, shall be the chief executive officer of said Town. He shall see that ordinances, bylaws, rules and orders of the Council are faithfully executed; he shall have charge of the police of said Town and may appoint special police whenever he may deem it necessary, and it shall be his duty to especially see that the peace and good order of the Town are preserved and that persons and property therein are protected, and to this end, he may cause the arrest and detention of riotous and disorderly persons in said Town.

Page 3577

Section 10. (a) There is hereby established a court to be known as the Recorder's Court of the Town of Snellville which shall have jurisdiction and authority to try offenses against laws and ordinances of said Town 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 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 Town of Snellville 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. (b) 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 Snellville, and Gwinnett County, and shall have resided therein at least one year immediately preceding his appointment. 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, in the absence or disqualification of the recorder. (c) 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

Page 3578

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. (d) The recorder shall have power to impose fines, costs and forfeitures for the violation of any law or ordinance of the Town of Snellville 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 Town 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 Town of Snellville which warrants may be executed by any officer of said Town, 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 Town. 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 Town of Snellville. 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, and recorders, and police courts, and particularly such laws as authorize the abatement of nuisances. Said recorder is hereby authorized to administer oaths. (e) The right of appeal to the superior court of Gwinnett County from the recorder's court shall lie in the same manner and under the same procedure as generally prescribed

Page 3579

for appeals from the court of ordinary. An appeal to the superior court shall be a de novo proceeding. (f) In all cases in the recorder's court of the Town of Snellville, 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 council may establish a schedule of fees to defray the costs of operation and the Town 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 Town 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 Town treasury. The recorder, or the Town 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. (g) 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. Section 3 . 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 1971 session of the General Assembly of Georgia a bill to amend an Act establishing the charter of the town of Snellville, approved Aug. 20, 1923 (Georgia laws 1932, page 775) as amended, so as to change the provisions relative to the election of the mayor and councilmen and to

Page 3580

provide for a recorders court and for other purposes. This 12th day of February, 1971. James D. Mason Representative, 13th District, Post No. 2 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 12, 19, 26, 1971. /s/ James D. Mason Representative, 13th District Sworn to and subscribed before me, this 2nd day of March, 1971. /s/ Rebecca Faulkner, Notary Public, Georgia State at Large. My Commission Expires Dec. 13, 1974. (Seal). Approved April 10, 1971. CITY OF WARNER ROBINSCORPORATE LIMITS CHANGED, ETC.REFERENDUM. No. 654 (House Bill No. 942). 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 April 12, 1963 (Ga. L. 1963, p. 3330), an Act approved March 4, 1966

Page 3581

(Ga. L. 1966, p. 3010), and an Act approved April 28, 1969 (Ga. L. 1969, p. 3927), so as to change the corporate limits of said city; to delete therefrom certain provisions pertaining to the reimbursement of expenses incurred by certain city officials and employees; to abolish the Civil Service Board; to provide that the Mayor and Council shall provide by ordinance for a merit system of personnel administration; to delete certain provisions pertaining to the City Manager; to provide for the appointment of certain city officials; to provide for the powers, duties and responsibilities of the Mayor; 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 Warner Robins, approved March 5, 1943 (Ga. L. 1943, p. 1624), as amended particularly by an Act approved April 12, 1963 (Ga. L. 1963, p. 3330), an Act approved March 4, 1966 (Ga. L. 1966, p. 3010), and an Act approved April 28, 1969 (Ga. L. 1969, p. 3927), 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 corporate limits of said municipality shall embrace the following described territory: Corporate limits. BEGINNING at a point where the westerly right of way of North Davis Drive intersects with the westerly right of way of Georgia State Highway No. 247, thence in a southerly direction along the westerly right of way of said highway for approximately 5.7 miles to a point where the South property line of Arthur Ferguson property intersects therewith, said point being approximately 250 feet southerly of southerly line of Land Lot 48 of 11th District; thence in a westerly direction along the southerly line of Ferguson property for a distance of 1336.25 feet to a point; thence in a northerly direction along the westerly line of Ferguson property for a distance of 285 feet, more or less, to the run of Sandy Run Creek; thence in a westerly direction along the run of said Creek to easterly right of way of Southern

Page 3582

Railroad; thence continuing in a westerly direction along the run of said Creek and across right of way of said railroad to a point where the run of Sandy Run Creek intersects with the run of Cainey Branch; thence in a southwesterly direction along the run of Cainey Branch to a point on the northeasterly right of way of Sandy Run Road; thence continuing in a southwesterly direction along the run of said Branch and across said road to a point on the southwesterly right of way of said road; thence in a northwesterly and westerly direction of said road to a point on the easterly right of way of Feagin Mill Road; thence continuing in a westerly direction and across said road to a point on the westerly right of way of said road; thence in a northerly direction along the westerly right of way of Feagin Mill Road to the intersection of the westerly right of way of said road and the southerly right of way of Watson Road; thence in a westerly direction along the southerly right of way of Watson Road to a point where the easterly right of way of Burns Drive intersects therewith; thence in a southerly direction along the easterly right of way of said street to the northerly line of Land Lot 193 of the 10th Land District; thence in an easterly direction along the northerly line of said Land Lot to the northeast corner of said Land Lot; thence in a southerly direction along the easterly line of said Land Lot to the run of Sandy Run Creek; thence in a westerly direction along the run of said Creek to a point where the run of Howard Branch intersects with Sandy Run Creek; thence in a northwesterly and westerly direction along the run of Howard Branch to a point where the run of said Branch intersects with the northerly line of Land Lot 192 of the 10th Land District, said line also being the southerly line of Land Lot 144, 5th Land District; thence in a westerly direction along the southerly line of Land Lot 144 of the 5th Land District to the southwesterly corner of Land Lot 144; thence in a northerly direction along the westerly line of Land Lot 144 to the northwesterly corner of Land Lot 144; thence in an easterly direction along the northerly line of said Land Lot for 1471.05 feet to a point; thence South 0 degrees 15 minutes West for 825.7 feet to a point; thence North 89 degrees 45 minutes West for 24.7 feet to a point; thence South 0 degrees 15 minutes West for 2192.3 feet to

Page 3583

a point on the southerly line of Land Lot 144 of the 5th Land District; thence in an easterly direction along the southerly line of Land Lot 144 to the southeasterly corner of Land Lot 144; thence in a northerly direction along the easterly line of Land Lot 144 to a point on the southerly right of way of Watson Road; thence in a westerly and northwesterly direction along the southerly and southwesterly right of way of Watson Road to a point where the southerly line of Arrowhead Trail extended in a westerly direction intersects therewith; thence in an easterly direction across Watson Road to the southeast corner of the intersection of Watson Road and Arrowhead Trail; thence in a southeasterly direction along the northeasterly line of Watson Road to a point where the easterly line of V. F. W. property intersects therewith; thence in a northerly direction along the easterly line of V. F. W. property to a point on the southerly right of way of Arrowhead Trail; thence in a westerly direction along the southerly right of way of Arrowhead Trail to a point on the westerly right of way of Watson Road; thence in a northwesterly direction along the southwesterly right of way of Watson Road to the southwest corner of Watson Road and Leverette Road; thence in an easterly direction to a point on the northeasterly line of Watson Road; thence in a northwesterly direction along the northeasterly line of Watson Road to the southerly line of Land Lot 145; thence in an easterly direction along the northerly line of Land Lot 145 for 685.3 feet to a point; thence North 0 degrees 12 minutes 30 seconds East for 1609.63 feet to a point on the northerly right of way of Corder Road; thence in an easterly and a northeasterly direction along the northerly and northwesterly right of way of Corder Road to a point on the Southerly line of Land Lot 147 of the 5th Land District; thence in a westerly direction along the southerly line of Land Lot 147 for 641.8 feet to a point, being the southwest corner of J. W. Wright property; thence North 01 degrees 04 minutes East for 668.9 feet to a point; thence North 89 degrees 09 minutes West for 586.9 feet to a point; thence North 01 degrees 41 minutes East for 1109.15 feet to a point; thence North 89 degrees 58 minutes East for 147.8 feet to a point; thence due North for 1091.2 feet to a point on the southerly right of way of Watson Boulevard; thence in a westerly direction

Page 3584

along the southerly right of way of Watson Boulevard to a point where the westerly line of Calvin M. Davis property, if extended in a southerly direction, would cross Watson Boulevard and intersects therewith; thence in a northerly direction across Watson Boulevard and continuing in a northerly direction for a distance of 1712.6 feet along the westerly line of Calvin M. Davis property to the northwest corner of said property; thence in an easterly direction along the northerly line of said property for 631.8 feet to the northeast corner of said property; thence North 5 degrees 35 minutes East for 1247.3 feet to a point on the southerly line of Land Lot 149 of the 5th Land District; thence North 88 degrees 48 minutes 30 seconds East for 68.0 feet to a point; thence North 25 degrees 00 minutes East for 109.1 feet to a point on the southerly right of way of Green Street; thence in an easterly direction along the southerly right of way of Green Street for 21.5 feet to a point; thence North 27 degrees 16 minutes East across Green Street for a distance of 80 feet to a point on the northerly right of way of Green Street; thence North 27 degrees 58 minutes 30 seconds East for 153 feet to a point; thence North 55 degrees 39 minutes West for 110 feet to a point on the easterly right of way of Taylor Street; thence North 54 degrees 29 minutes 30 seconds West across Taylor Street for 220 feet to a point; thence North 30 degrees 58 minutes 30 seconds East for 124.6 feet to a point; thence North 0 degrees 05 minutes West for 2427.3 feet to a point on the northerly right of way of Centerville-Elberta Road; thence in an easterly direction along the northerly right of way of said Road to a point being 645.5 feet westerly of the easterly line of Land Lot 149 of the 5th Land District; thence North 0 degrees 19 minutes East for 434.4 feet to a point; thence North 89 degrees 41 minutes West for 1545.8 feet to a point; thence North 2 degrees 47 minutes East for 1321.23 feet to a point; thence South 89 degrees 41 minutes East for 1472.49 feet to a point; thence South 0 degrees 24 minutes 30 seconds West for 914.72 feet to a point; thence South 89 degrees 41 minutes East for 337.2 feet to a point; thence North 0 degrees 19 minutes East for 313.26 feet to a point; thence South 89 degrees 33 minutes East for 668.96 feet to a point; thence South 0 degrees 27 minutes West for 290 feet to a point; thence South 89 degrees

Page 3585

33 minutes East for 530 feet to a point; thence South 0 degrees 27 minutes West for 19.45 feet to a point; thence South 89 degrees 33 minutes East for 130 feet to a point; thence North 0 degrees 27 minutes East for 1200 feet to a point; thence North 42 degrees 00 minutes East for 280 feet to a point; thence North 66 degrees 13 minutes 30 seconds East for 182.4 feet to a point; thence South 89 degrees 33 minutes East for 403.5 feet to a point on the westerly right of way of Johnson Road; thence North 0 degrees 17 minutes East along the westerly right of way of said Road for 657.8 feet to a point on the northerly line of Land Lot 163 of the 5th Land District; thence South 89 degrees 43 minutes East along the North line of said Land Lot for 1164.75 feet to a point on the westerly right of way of North Houston Road; thence in a northerly direction along the westerly right of way of said Road to a point on the southerly right of the way of Dunbar Road; thence continuing in a northerly direction across Dunbar Road to a point on the northerly right of way of said Road; thence in an easterly and northeasterly direction along the northerly and northwesterly right of way of Dunbar and Elberta Road to a point on the easterly line of Land Lot 187 of the 5th Land District; thence in a southerly direction along the easterly line of Land Lot 187 to the southwest corner of Land Lot 187; thence in an easterly direction along the northerly line of Land Lot 203 of the 5th Land District to a point on the westerly right of way of North Davis Drive; thence in a northerly direction along the westerly right of way of said Road to a point on the westerly right of way of said Road to a point on the westerly right of way of Georgia Highway No. 247, said point being the POINT OF BEGINNING. Section 2 . Said Act is further amended by deleting in its entirety section 3A. Section 3 . Said Act is further amended by deleting in its entirety Article II, relating to the Civil Service Board. Section 4 . Said Act is further amended by deleting in its entirety Article III, relating to the City Manager. Section 5 . Said Act is further amended by adding at the end thereof a new Article II to read as follows:

Page 3586

ARTICLE II . MAYOR AND OTHER OFFICERS . Section 1. Notwithstanding any other provisions of the Charter of the City of Warner Robins, the powers, duties, and responsibilities for the management of the municipal affairs of the City of Warner Robins shall be vested in the officers herein designated and created. Section 2. The Mayor and Councilmen shall appoint a city attorney, a city recorder and members of the planning board. They shall also choose a board of trustees of the public library, recreation board, a board of tax assessors a city planning commission, and a board of zoning appeals. They may at any time fill any vacancies that occur in any of the above offices. The officers and employees elected or chosen by the Mayor and Council shall receive such compensation, take such oath, and, when required, give such bond as may be fixed by the Mayor and Council. Section 3. The Mayor shall be the chief executive officer and the head of the administrative branch of the city government. In case of the absence or disability of the Mayor, the Mayor pro tem of the city will perform the duties of the Mayor during such absence or disability. (a) The Mayor must devote all of his working time and attention to the affairs of the city and shall be responsible for the efficient administration of all of the affairs of the city over which he has jurisdiction. (b) The Mayor shall have power and it shall be his duty: (1) To see that all laws and ordinances are enforced. (2) To appoint a Director of Public Safety, marshal, city clerk and treasurer, a superintendent of water and light plant and such other department heads which may be

Page 3587

necessary, subject to confirmation of Council. He shall also apoint Councilmen to committees if he deems necessary. (3) To exercise supervision and control of all departments and all divisions created by this charter or that may hereafter be created by the Mayor and Council, except as otherwise provided for in this Act. (4) To recommend to the Council the adoption of such measures as may deem necessary or expedient. (5) To make and execute all lawful contracts except as otherwise provided for herein, with the approval of Council on behalf of the city as to matters within their jurisdiction, except such as may be otherwise provided by law or by ordinance passed by the Mayor and Council provided that no contract purchase, or obligation involving over five hundred ($500.00) dollars shall be valid and binding until after three competitive bids shall have been submitted in writing to the Mayor and Council. (6) To keep the Council at all times fully advised as to the financial condition and needs of the city. (7) To fix all salaries and compensation of City employees lawfully employed by him with consent of Council. (8) To perform such other duties as may be prescribed by law. (9) The Mayor shall be responsible for purchasing for the city by whom all the purchases of supplies for departments under his control as herein provided and all contracts for printing shall be made, and he shall approve all vouchers for same, provided that all contracts or agreements made by him requiring the expenditure of money to the amount of five hundred ($500.00) dollars, not more often than once each 30 days, confirmed by Council, or more shall be approved by the Council after he shall have first secured written competitive bids covering said purchase. In the capacity of purchasing agent, he shall conduct all sales of personal property which the Council may authorize

Page 3588

to be sold, and which have become unnecessary or unfit for the city's useall such sales shall conform to such regulations as the Council may from time to time prescribe. In any case of purchase or sale, if an amount in excess of five hundred ($500.00) dollars be involved, opportunity for competition shall be given. (10) The Mayor, before entering upon the discharge of his duties, shall give bond in the penal sum for at least one hundred thousand ($100,000.00) dollars to be fixed and approved by the governing authority (the premium of which shall be paid by the City) payable to the City of Warner Robins, and its successors, for the benefit of the city and for the use and benefit of the public, to secure and indemnify the city and any of the public, by reason of his default, misfeasance, malfeasance or nonfeasance in the performance of his duties. Section 5. All powers, duties and responsibilities placed upon the Mayor in relation to the personnel supervision, management and control of city employees shall be exercised within and subject to any merit system adopted by the City. Section 6 . The Mayor and Council for the City of Warner Robins shall adopt a plan of improvement for all areas which are to be added to the corporate limits of said City by the provisions of Section 1 of this Act. Said plan of improvement shall be available for public inspection at the City Hall in Warner Robins, Georgia, and said plan of improvement shall provide: 1. A copy of a map showing the areas to be annexed to said City by this Act. 2. The present major city water mains and sewer interceptors and outfalls. 3. The proposed extensions of such mains and outfalls which will be required to serve the areas to be annexed. 4. A statement setting forth the plans of the City for

Page 3589

extending to each area to be annexed each major municipal service, including but not limited to, police protection, fire protection, garbage collection, street maintenance services, and water and sewer services. Said plans and statements as required by this Section shall include a proposed time schedule for the accomplishment of each of the above services to be furnished to the annexed areas as well as the approximate cost to the City for providing each of said services. The plan and the statements shall set forth the methods under which the City plans to finance the extension of said services into the area to be annexed, and the estimated cost of such extensions, a statement from the City Auditor and the City's sewerage and water engineering firm as to the financial feasibility of such plans as they pertain to water and sewerage services. Immediately following any regular meeting of the Mayor and Council of the City of Warner Robins at which time the final plans and statements required by this Section are adopted, the Mayor and City Council shall cause to be published once a week for three weeks in the Warner Robins Sun, a notice to the public advising that the maps, statements, and plans required by this Section are on file in the City Hall and available for public inspection. After said plans have been adopted and said notices have been published and if no amendments to said plans and statements are adopted or required, the Mayor and Council of the City of Warner Robins shall issue the call for an election for the purpose of submitting to the electors of the City of Warner Robins and the electors residing within the area proposed to be annexed to said City by the provisios of Section 1 of this Act, the question of whether the provisions of Section 1 shall become effective. 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. The ballot shall have written or printed thereon the words:

Page 3590

YES () NO () Shall the corporate limits of the City of Warner Robins be extended? Referendum. All persons desiring to vote in favor of the extension shall vote Yes, and those persons desiring to vote for rejection of the extension shall vote No. If more than one-half of the votes cast on such question are for approval, Section 1 of this Act 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 Warner Robins. It shall be the duty of the municipal election superintendent to hold and conduct such election. He shall hold each 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. Said election shall be held within 60 days after the issuance of the call. In the event of Mayor and Council shall desire to amend any such plans or statements, the call for such election may not be issued until such time as the Mayor and Council shall publish in the Warner Robins Sun a brief resume of such amendments. Section 7 . The provisions of section 3 of this Act shall become effective on January 1, 1972. Prior to such time, the Mayor and Council of the City of Warner Robins shall provide by ordinance for a merit system of personnel administration to become effective on or before said date. The remaining sections of this Act shall become effective upon the approval of this Act 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 1971 Session of the General Assembly of Georgia a local bill to amend the Charter of the City of Warner Robins, Georgia, as follows.

Page 3591

To annex certain property into the corporate limits of said City; To abolish the city manager provisions of said Charter; To define the duties of the Mayor of said City; To abolish the Civil Service Board; To abolish requirement of public notice of reimbursable expenses and for other purposes. This the 12th day of January, 1971. William Wisse City Attorney, Warner Robins, Georgia Georgia, Houston County. Personally appeared before me this date, Bobby Branch, publisher of The Houston Home Journal, Perry, Ga., the Official Organ of Houston County, Georgia, who certifies that the Legal Notice, Intention to Introduce Local Legislation was published in The Houston Home Journal on the following dates: Jan. 14, 21, 28, 1971. This 28th day of January, 1971. /s/ Bobby Branch Publisher, Houston Home Journal, Perry, Georgia Sworn to and subscribed before me, this 28th day of January, 1971. /s/ Janice E. Colwell, Notary Public, Houston County. (Seal). Approved April 10, 1971.

Page 3592

CITY OF CAIROCORPORATE LIMITS EXTENDED. No. 655 (House Bill No. 948). 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 said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act incorporating the City of 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 territory included within the corporate limits of said city, the corporate limits of said city shall include therein the territory and area adjoining the present limits of the City of Cairo on the West substantially all of which was formerly owned by J. W. and Madge Maxwell Crapps as particularly shown and delineated on a plat thereof prepared by C. E. Layton, Civil Engineer and Land Surveyor, and recorded in Plat Book 11, page 100, of the Public Records in the office of the Clerk of Superior Court of Grady County, Georgia, said territory and area as shown by said plat being more particularly described as follows: The following territory and area located on Lots 2 and 39 in the 19th District of Grady County, Georgia, and more particularly described as follows: Beginning at the northeast corner of said Lot No. 39, thence along the East original line of said Lot South 1 degree 15 minutes East for a distance of nine hundred fifteen (915) feet to the intersection of said Lot line with the present City limits of the City of Cairo, thence along the line of the present City limits of the City of Cairo South 44 degrees 32 minutes West for a distance of two thousand three hundred eleven (2311) feet to a point where said present city limits line intersects the west line of the former J. W. and Madge Maxwell Crapps property, thence North 1 degree

Page 3593

18 minutes West along said Crapps property line for a distance of two thousand four hundred sixty-two (2462) feet to an iron pin on the north line of said Land Lot No. 39, thence along said original lot line South 88 degrees 24 minutes West for a distance of four hundred thirty-eight and five-tenths (438.5) feet to an iron pin, thence North 1 degree 32 minutes West for a distance of sixty (60) feet to an iron pin, thence, on a curve as shown by the plat hereinbefore referred to for a distance of three hundred thirteen and two-tenths (313.2) feet to an iron pin, thence North 27 degrees 57 minutes East for a distance of three hundred seventeen (317) feet to an iron pin, thence North 52 degrees 31 minutes East for a distance of two hundred sixty-eight and nine-tenths (268.9) feet to an iron pin, thence North 59 degrees 24 minutes East for a distance of seven hundred eighty-four and four-tenths (784.4) feet to an iron pin, thence North 84 degrees 50 minutes East for a distance of four hundred thirteen and nine-tenths (413.9) feet to an iron pin on the present City limits line, thence South 2 degrees 25 minutes East along the present City limits line for a distance of forty-five (45) feet to an iron pin at the corner of present City limits lines, thence in an Easterly direction along a line of the present City limits for a distance of three hundred sixty-eight and six-tenths (368.6) feet to an iron pin on the east original line of said Lot of Land No. 2, thence South 1 degree 15 minutes East along said land lot line for a distance of nine hundred fifty (950) feet to the southeast corner of said Land Lot No. 2, which is the northeast corner of said Lot No. 39, at the point of beginning. Section 2 . 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, 1971 Session of said General Assembly a Local or Special Bill for the purpose of amending that certain Act approved August 6, 1906, (Ga. Laws 1906, page 573), incorporating the City of Cairo,

Page 3594

as amended from time to time, so as to extend the corporate limits and area of the City by including the following area and territory, to-wit: The following territory and area located on Lots 2 and 39 in the 19th District of Grady County, Georgia, and more particularly described as follows: BEGINNING at the northeast corner of said Lot No. 39, thence along the East original line of said Lot South 1 degree 15 minutes East for a distance of nine hundred fifteen (915) feet to the intersection of said Lot line with the present City limits of the City of Cairo, thence along the line of the present City limits of the City of Cairo South 44 degrees 32 minutes West for a distance of two thousand three hundred eleven (2311) feet to a point where said present City limits line intersects the west line of the former J. W. and Madge Maxwell Crapps property, thence North 1 degree 18 minutes West along said Crapps property line for a distance of two thousand four hundred sixty-two (4462) feet to an iron pin on the north line of said Land Lot No. 39, thence along said original Lot line South 88 degrees 24 minutes West for a distance of four hundred thirty-eight and five-tenths (438.5) feet to an iron pin, thence North 1 degree 32 minutes West for a distance of sixty (60) feet to an iron pin, thence on a curve as shown by the plat hereinafter referred to for a distance of three hundred thirteen and two-tenths (313.2) feet to an iron pin, then North 27 degrees 57 minutes East for a distance of three hundred seventeen (317) feet to an iron pin, thence North 52 degrees 31 minutes East for a distance of two hundred sixty-eight and nine tenths (268.9) feet to an iron pin, thence North 59 degrees 24 minutes East for a distance of seven hundred eighty four and four-tenths (784.4) feet to an iron pin, thence North 84 degrees 50 minutes East for a distance of four hundred thirteen and nine-tenths (413.9) feet to an iron pin on the present City limits line, thence South 2 degrees 25 minutes East along the present City limits line for a distance of forty-five (45) feet to an iron pin at the corner of present City limits lines, thence in an Easterly direction along a line of the present City limits for a distance of three hundred sixty-eight and six-tenths (368.6) feet to an iron pin on the east original line of said Lot of Land No. 2, thence South 1 degree 15

Page 3595

minutes East along said Land Lot line for a distance of nine hundred fifty (950) feet to the southeast corner of said Land Lot No. 2, which is the northeast corner of said Lot. No. 39, at the point of beginning. The above tract of land being better shown and delineated on a plat thereof prepared by C. E. Layton, Civil Engineer and Land Surveyor, dated January 20, 1971, and recorded in Plat Book 11, page 100, of the Public Records of Grady County, Georgia. This January 22, 1971. R. A. Bell City Attorney of 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 29th, February 5th and 12th, 1971. /s/ H. H. Wind, Jr. Sworn to, certified and subscribed before me, this February 12, 1971. /s/ Sadie W. Voyles, Notary Public, Grady County, Georgia. My Commission Expires April 2, 1972. (Seal). Approved April 10, 1971.

Page 3596

BUTTS COUNTYPROVISION MADE FOR FISCAL YEAR, ETC. No. 656 (House Bill No. 955). 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, particularly by an Act approved March 11, 1969 (Ga. L. 1969, p. 2195), so as to provide for a fiscal year for Butts County; to require the clerk of the Board of Commissioners of Butts County to compile annually a proposed annual budget for Butts County and to present the proposed annual budget to the Board of Commissioners of Butts County; to require the the Board of Commissioners of Butts County to annually adopt and implement an annual budget for Butts County; to provide for a method of changing an adopted budget; to provide for all matters relative thereto; 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 Butts County, approved February 24, 1941 (Ga. L. 1941, p. 793), as amended, particularly by an Act approved March 11, 1969 (Ga. L. 1969, p. 2195), is hereby amended by inserting after section 7B, and before section 8, a new section, to be numbered section 7C, to read as follows: 7C. (1) The Board of Commissioners shall designate a fiscal year for Butts County and shall prepare for the first fiscal year so designated, and each year thereafter, an annual budget for Butts County as provided hereinafter. (2) The clerk of the Board of Commissioners shall compile and submit to the Board of Commissioners at least thirty days prior to the tax levy, a proposed annual budget for Butts County for the next fiscal year. In compiling said proposed annual budget for Butts Couty, the clerk shall give consideration to any proposed annual budget submitted by any unit of the county government of Butts County, but the clerk shall have absolute discretion in determining

Page 3597

all amounts in his proposed annual budget for Butts County. The clerk shall submit with his proposed annual budget for Butts County any proposed annual budgets submitted to him by a unit of the county government of Butts County. (3) After receiving the proposed annual budgets submitted by the clerk, the Board of Commissioners shall, in its absolute discretion, compile and adopt an annual budget for Butts County to provide for all financial affairs of the county for the next fiscal year. No expenditure shall be paid out of the funds of Butts County unless a provision has first been made in the budget for said expenditure. The Board of Commissioners of Butts County shall have the power and authority at any regular meeting to revise the annual budget for Butts County and to adopt such revised budget: Provided, however, that before any change shall be made in an adopted annual budget of Butts County, when the funds of any unit of the county government of Butts County will be increased or decreased, that the Board of Commissioners shall give such unit a minimum of ten days notice prior to the change and give such unit an opportunity to be heard prior to taking action on the matter. Section 2 . 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, 1971 Session of the General Assembly of Georgia, a bill to require the Clerk of the Board of Commissioners of Butts County to compile a proposed annual budget each year; to require the Board of Commissioners to adopt an annual budget for Butts County for each fiscal year; to provide for changes in an adopted annual budget; and for other purposes. This 18th day of January, 1971. Phillip Benson Ham Representative, 33rd District

Page 3598

Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Phillip Benson Ham who, on oath, deposes and says that he is Representative from the 33rd Disttrict, 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 21, 28 and February 4, 1971. /s/ Phillip Benson Ham Representative, 33rd District Sworn to and subscribed before me, this 2nd day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. CITY OF PINEORACHARTER AMENDED. No. 657 (House Bill No. 958). An Act to amend an Act incorporating the City of Pineora, approved March 21, 1958 (Ga. L. 1958, p. 2778), so as to provide for the appointment of special election managers for the purpose of conducting elections; to provide that the Georgia Municipal Election Code shall be the controlling law relative to the conduct of all elections; to provide for filling of vacancies; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3599

Section 1 . An Act incorporating the City of Pineora, approved March 21, 1958 (Ga. L. 1958, p. 2778), is hereby amended by adding, following section 3, a new Section, to be known as section 3A, to read as follows: Section 3A. The Georgia Municipal Election Coode shall be the controlling law relative to the conduct of all elections. In the case of vacancies in the office of mayor and/or councilmen, the Ordinary of Effingham County shall, upon the petition of 25 qualified voters, call a special election for the purpose of filling the vacancies and shall serve as election superintendent for the conduct of said elections. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice. There will be introduced in the General Assembly of Georgia, at the January session, 1971, a bill to amend an act to incorporate the City of Pineora as approved March 21, 1958, to provide for the appointment of special election managers for the purpose of conducting elections and for other purposes. This 12th day of January, 1971. /s/ J. Durelle Hagin /s/ J. D. Cameron /s/ Ross Butler Georgia, Effingham County. Before me, the undersigned officer duly authorized to administer oaths, personally appeared Mrs. Julie Harrelson, who after being duly sworn, deposes, says and certifies that she is the publisher and managing editor of The Springfield Herald, a newspaper published in said county and in which the advertisements of the Sheriff of said county are published, and that the attached notice of proposed legislation has been published in the Springfield Herald on the

Page 3600

following dates, to-wit: January 29, February 5, and February 12, 1971. /s/ Mrs. Julie Harrelson Sworn to and subscribed before me, this 24th day of February, 1971. /s/ Sara S. Thompson, Notary Public, Ga. State at Large. My Commission Expires 5-13-72. (Seal). Approved April 10, 1971. EFFINGHAM COUNTYOFFICE OF TAX COMMISSIONER CREATED, ETC. No. 658 (House Bill No. 959). An Act to consolidate the offices of Tax Receiver and Tax Collector of Effingham County into the office of the Tax Commissioner of Effingham 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 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 Effingham County are hereby consolidated and combined into the one office of the Tax Commissioner of Effingham 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.

Page 3601

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 Effingham County in 1972. The person so elected shall take office on the first day of January, 1973, 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 and Tax Receiver of Effingham 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. Section 3 . The Tax Commissioner shall receive for his services as such an annual salary of not less than $15,000.00 or more than $25,000.00, the exact amount to be agreed upon by the Tax Commissioner and the County Commissioners at the beginning of each term of office, payable in equal monthly installments from the funds of Effingham County. From this salary allowance, the Tax Commissioner shall pay all personnel employed in his office, the number of employees and salaries of each to be the sole responsibility of the Tax Commissioner. In addition the governing authority of Effingham County shall pay all expenses incurred by the Tax Commissioner in operating and discharging the responsibilities of his office except the salaries of personnel as hereinbefore provided, including, but not limited to, office supplies, equipment, fixtures and utility expenses which shall be paid by the county from county funds. 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 Effingham County. Once each month the Tax Commissioner shall turn over to the fiscal authority of said county all funds collected

Page 3602

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, 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 5 . All taxes due and payable Effingham 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 6 . All laws and parts of laws in conflict with this Act are hereby repealed. We, the undersigned Commissioners of Effingham County approve the hereto attached proposed legislation abolishing the office of tax collector and tax receiver and creating the office of tax commissioner of Effingham County effective January 1st, 1973. /s/ W. B. Boykin /s/ Otto L. Hart /s/ Charles L. Usher /s/ E. Mann, Jr. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1971 Session of the General Assembly of Georgia, a bill to consolidate the offices of Tax Receiver and Tax Collector of Effingham County into the office of Tax Commissioner, of Effingham County, effective January 1, 1973; to provide for Tax Commissioner's compensation on a salary

Page 3603

basis instead of a fee basis; to provide the procedure connected therewith; and for other purposes. This 20th day of January, 1971. /s/ George A. Chance, Jr. Georgia, Effingham County. Before me, the undersigned officer duly authorized to administer oaths, personally appeared Mrs. Julie Harrelson, who after being duly sworn, deposes, says and certifies that she is the publisher and managing editor of The Springfield Herald, a newspaper published in said county and in which the advertisements of the Sheriff of said county are published, and that the attached notice of proposed legislation has been published in the Springfield Herald on the following dates, to-wit: January 29, February 5, and February 12, 1971. /s/ Mrs. Julie Harrelson Sworn to and subscribed before me, this 24th day of February, 1971. /s/ Sara S. Thompson Notary Public. My Commission Expires 5-13-72. (Seal). Approved April 10, 1971. TOWN OF GUYTONCHARTER AMENDED. No. 659 (House Bill No. 960). 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 method of conducting elections; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3604

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 Paragraph 2 of section 9 in its entirety and inserting in lieu thereof a new Paragraph 2 of section 9, to read as follows: Paragraph 2. Said managers shall conduct all elections in conformity to the Georgia Municipal Election Code. No person shall be nominated for public office in any primary or elected to any public office in any election unless said person shall have received a majority of the votes cast to fill such nomination or public office. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice. Notice is hereby given of intention to apply for passage of local legislation at this session of the General Assembly of Georgia to amend an act of the General Assembly approved March 10, 1933, as amended creating a new Charter for the City of Guyton so as to provide for a method of conducting elections to conform to the Georgia Municipal Election Code, to repeal conflicting laws, and for other purposes. This 12th day of January, 1971. /s/ James R. Thompson Mayor, City of Guyton Georgia, Effingham County. Before me, the undersigned officer duly authorized to administer oaths, personally appeared Mrs. Julie Harrelson, who being duly sworn, deposes, says and certifies that she is the publisher and managing editor of The Springfield Herald, a newspaper published in said county in which the advertisements of the Sheriff of said county are published, and that the attached notice of proposed legislation has been published in the Springfield Herald on the following

Page 3605

dates, to-wit: January 29, February 5, and February 12, 1971. /s/ Mrs. Julie Harrelson Sworn to and subscribed before me, this 24th day of February, 1971. /s/ Sara S. Thompson, Notary Public, Ga. State at Large. My Commission Expires 5-13-72. (Seal). Approved April 10, 1971. STATE COURT OF COBB COUNTYSOLICITOR PROVIDED, ETC. No. 660 (House Bill No. 975). An Act to amend an Act creating the State Court of Cobb County (formerly known as the Civil and Criminal Court of Cobb County), approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 1, 1968 (Ga. L. 1968, p. 2948), an Act approved March 28, 1969 (Ga. L. 1969, p. 2420), and an Act approved April 1, 1969 (Ga. L. 1969, p. 2460), so as to provide for a solicitor for the State Court of Cobb County; to provide for the election, terms, compensation and duties of said solicitor; to provide for supplies and office space for said solicitors; to provide for assistant solicitors; to provide for the appointment, compensation and duties of said assistant solicitors; to provide for secretarial and clerical help; to provide for all matters relative thereto; to reenact the provisions relating to two official stenographic reporters for said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the State Court of Cobb County

Page 3606

(formerly known as the Civil and Criminal Court of Cobb County), approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 1, 1968 (Ga. L. 1968, p. 2948), an Act approved March 28, 1969 (Ga. L. 1969, p. 2420), and an Act approved April 1, 1969 (Ga. L. 1969, p. 2460), is hereby amended by striking sections 27, 27B, 27C and 27D in their entirety and inserting in lieu thereof a new section, to be numbered section 27, to read as follows: Section 27. (a). There shall be a solicitor for the State Court of Cobb 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. The solicitor of the State Court of Cobb County shall have been a resident and elector of Cobb 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 years of age. The candidates for solicitor of the State Court of Cobb County shall qualify and run in the same manner as judges of the State Court of Cobb County. Said solicitor shall be elected by the electors of Cobb County at the 1972 general election in an election held for that purpose. The person receiving a majority of the votes cast for solicitor shall be elected and shall take office on January 1, 1973, for a term of four years, and until his successor is elected and qualified. Thereafter, the solicitor for the State Court of Cobb County shall be elected at the general election immediately preceding the expiration of the term of the solicitor in office and shall be elected for a term of office of four years, and until his successor is elected and qualified. (b) The compensation of the solicitor shall be $20,000.00 per annum, payable in equal monthly installments from the funds of Cobb County. Said compensation shall be in lieu of any and all perquisites, fines, forfeitures, commissions, funds, monies and fees allowed him as compensation in any capacity. The solicitor shall diligently and faithfully undertake to collect all perquisites, fines, forfeitures, commissions, funds, monies and fees allowed him as compensation

Page 3607

for his services in any capacity 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. Said solicitor shall not engage in the private practice of law during the term of office for which he is elected. (c) Any vacancy which may occur in the office of Solicitor of the State Court of Cobb County by death, resignation or otherwise shall be filled by appointment by the Governor for the unexpired portion of said term. (d) The solicitor shall have the authority to appoint two assistant solicitors. The compensation of such assistant solicitors shall be determined by the Board of Commissioners of Cobb County except that said compensation of such assistant solicitors shall be not less than $10,000.00 nor more than $14,000.00 per annum, payable in equal monthly installments from the funds of Cobb County. The solicitor shall prescribe the duties and assignments of said assistant solicitors, and, while so employed, they shall not engage in the private practice of law. (e) The solicitor shall have the authority to appoint such secretaries, clerks, and other personnel as are authorized by the Board of Commissioners of Cobb County. The solicitor shall, from time to time, recommend to the Board of Commissioners of Cobb 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 Board to fix the compensation to be received by each employee in said office. It shall be within the sole authority of the solicitor to prescribe the duties and assignments of the assistant solicitors and the other personnel of his office, and to remove or replace any of such employees at will and within his sole discretion. (f) The necessary operating expenses of the solicitor'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 office space, 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

Page 3608

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 Board of Commissioners of Cobb County. (g) 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 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. (h) In addition to the above salaries, such official court reporters of the State 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] x 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. (i) The official court reporters of the State Court of Cobb County shall be paid by parties litigant for civil cases

Page 3609

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] x 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 the lines involved; provided the cost of reproducing an exhibit, whether by carbon or photostatic reproduction, shall be borne by the court reporter. Section 2 . This Act shall become effective on January 1, 1973, except that all provisions relative to qualifications and election of said Solicitor of the State Court of Cobb County shall become effective upon approval of this Act 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 January-February 1971 Session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Cobb County, formerly the Civil and Criminal Court of Cobb County, approved March 28, 1964, (Ga. L. 1964, p. 3211); and for other purposes. This 22nd Day of December, 1970. Cyrus M. Chapman J. H. Henderson, Jr. Senators George H. Kreeger Eugene Housley Howard Atherton
Page 3610

A. L. Burruss Joe Mack Wilson G. Robert Howard 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 8, 15 and 22, 1971. /s/ George H. Kreeger Representative, 117th District Sworn to and subscribed before me, this 3rd day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. CITY OF FOREST PARKCORPORATE LIMITS CHANGED. No. 662 (House Bill No. 984). 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),

Page 3611

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), an Act approved March 11, 1963 (Ga. L. 1963, p. 2174), and an Act approved April 25, 1969 (Ga. L. 1969, p. 3550), 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 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), an Act approved March 11, 1963 (Ga. L. 1963, p. 2174), and an Act approved April 25, 1969 (Ga. L. 1969, p. 3550), is hereby amended by adding a new section at the end of section 2C, to be known as section 2D, to read as follows: Section 2D. In addition to the property presently contained in the corporate limits of the City of Forest Park, Georgia, the following described properties are hereby annexed and made a part of the corporate limits of said city: All that tract or parcel of land lying and being in the 13th District of Clayton County, Georgia; and being all of Land Lot 15 in said district and county. Section 2 . All powers and authority of the City of Forest Park under its charter and ordinances and all laws pertaining to said city as a municipality are hereby extended and made effective in every part of the territory included within the limits above described. The powers and authority of the officers of the city are made coextensive with the limits as defined and prescribed by the foregoing section; and all other rights and powers necessary to carry out and enforce the laws and ordinances governing the said

Page 3612

City of Forest Park, the power of taxing property and of fixing and regulating business; to assess, issue executions for, and, in case of default, sell the property upon which the taxes are due, as now prescribed by charter and the laws and ordinances of the City of Forest Park are extended to all the property defined, prescribed, and set forth in the foregoing section. The power of the health department, police department, city tax assessors and receivers, tax collector, marshal, clerk of the city, clerk of the council, building inspector, court recorder, and all other officers, and all agents, and employees of the City of Forest Park, even though not specifically named herein, are extended to the entire area described above as fully and completely as they now exist under the present charter, laws and ordinances covering the City of Forest Park. Said described property included within the limits which are defined and prescribed in the foregoing section is made subject to all the bonds heretofore issued by the City of Forest Park. 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 Forest Park will apply to the 1971 session of the General Assembly of Georgia for passage of local legislation to amend an act entitled An Act to Incorporate the Town of Forest Park, (now City of Forest Park) in the County of Clayton, Ga. L. of 1908 at pp. 685-688 and all acts amendatory thereto; to extend and enlarge the corporate limits of said City; and for other purposes. This the 20th day of January, 1971. Charles W. Summerday, Mayor City of Forest Park, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Bill

Page 3613

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, which is the official organ of Clayton County, on the following dates: January 29, February 5, and February 12, 1971. /s/ William J. Bill Lee Representative, 21st District Sworn to and subscribed before me, this 2nd day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. CITY OF DULUTHCHARTER AMENDEDCORPORATE LIMITS CHANGEDREFERENDUM. No. 663 (House Bill No. 995). An Act to amend an Act creating a new charter for the city of Duluth, approved March 25, 1958 (Ga. L. 1958, p. 3148), 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 Duluth, approved March 25, 1958 (Ga. L. 1958, p. 3148), is hereby amended by adding following section 2, a new section, to be numbered section 2A, to read as follows: Section 2A. There shall be included in the corporate

Page 3614

limits of the City of Duluth in addition to the area described in section 2, the following parcel of land: All that tract or parcel of land lying and being adjacent to the south and southeast municipal boundary of the City of Duluth and fully described as follows: BEGINNING at a point on the existing municipal boundary of the City of Duluth where said existing municipal boundary intersects the southwesterly property line of Mrs. Charles Pittard's lands; running thence southeasterly a distance of One Thousand Eight Hundred (1,800) feet more or less, along the southwesterly side of the lands, or formerly the lands of J. H. Summerour, Robert C. Jones, Irene P. Boggs, Crocker, J. B. Bowling and Foye Johnson to a point on the Land Lot Line common to Land Lots 264 and 263 of the 6th Land District, Gwinnett County, Georgia, which is the southerly corner of the lands of Foye Johnson; running thence northeasterly along the Land Lot Line common to Land Lots 264 and 263 a distance of Eight Hundred Thirty-five and seven-tenths (835.7) feet, more or less, to a point on said Land Lot line, said point being the westerly corner of the lands of Inez Knox; running thence southeasterly along the southwesterly line of lands of Inez Knox a distance of Two Hundred (200) feet, more or less, to a point; running thence northeasterly along the southeasterly line of lands of Inez Knox a distance of Four Hundred Forty-one (441) feet, more or less, to a point on the southwesterly side of the right-of-way of Georgia Highway No. 120; running thence northeasterly along the same line a distance of Eighty (80) feet, more or less, to a point on the northeasterly side of Georgia Highway No. 120, which point is also the southerly corner of the lands of J. D. Archer; running thence in a northeasterly direction along the southeasterly side of the lands of J. D. Archer a distance of Three Hundred (300) feet, more or less, to a point which is the easterly corner of the lands of J. D. Archer; running thence northwesterly along the northeasterly side of the lands of J. D. Archer a distance of Two Hundred (200) feet, more or less, to a point on the Land Lot Line common to Land Lot 264 and 263 of the 6th Land District of Gwinnett County, Georgia

Page 3615

which point is the northerly corner of the lands of J. D. Archer; running thence northeasterly along the Land Lot line common to Land Lot 264 and 263 of the 6th Land District, Gwinnett County, Georgia and the Land Lot line common to Land Lot 161 and 160 of the 7th Land District of Gwinnett County, Georgia a distance of Two Thousand One Hundred Eighty-five (2,185) feet, more or less, to a point on said Land Lot line, which point is also the easterly corner of the lands of B. B. Harris; running thence northwesterly along the northeasterly side of the lands of B. B. Harris a distance of Four Hundred Sixty-five (465) feet, more or less, to a point which is the northerly corner of the lands of B. B. Harris; running thence southwesterly along the northwesterly side of lands of B. B. Harris a distance of One Thousand Seven Hundred Seventy-five (1,775) feet, more or less, to a corner; running thence northwesterly along the northeasterly line of B. B. Harris, said line being adjacent to lands of Paul I. Murphy, a distance of Two Hundred (200) feet, more or less, to a corner; running thence northeasterly along the southeasterly line of Travis L. Boles a distance of Eighty-five (85) feet, more or less, to a corner; running thence northwesterly along the northeasterly line of Travis L. Boles lands a distance of Two Hundred Sixty-seven and seven-tenths (267.7) feet, more or less, to a point on the southeasterly side of Norman Circle (sometimes known as Murphy Circle); running thence southeasterly to the centerline of Norman Circle to a point which would be formed if the northeasterly line of Travis L. Boles were extended to intersect said center line; running thence northeasterly along the center line of Norman Circle a distance of Three Hundred Sixty-five (365) feet, more or less, to a point formed by the intersection of the center line of that part of Norman Circle running more or less perpendicular to Georgia Highway No. 120 with the center line of that part of Norman Circle which runs parallel, more or less, to Georgia Highway No. 120, if the centerlines were extended so as to intersect each other; running thence northwesterly along the centerline of that part of Norman Circle which is more or less parallel to Georgia Highway 120, a distance of One Thousand Two Hundred Fifty (1,250) feet, more or less, to a point where the centerline intersects the existing municipal

Page 3616

boundary of the City of Duluth; running thence southeasterly and easterly along the curvature of the existing municipal boundary a distance of Two Thousand Five Hundred Sixty (2,560) feet, more or less, to a point, which is the point of beginning. This description is prepared with reference to the official tax maps of Gwinnett County, particularly sheet no. 6-264, dated 1960; sheet no. 6-263, dated 1969; sheet no. 7-161, dated 1960 and said maps and the record thereof in the office of the Tax Assessor of Gwinnett County are by reference incorporated herein. Section 2 . Not less than five (5) nor more than fifteen (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 mayor and city council of the City of Duluth to issue the call for an election for the purpose of submitting this Act to the voters of the area proposed to be annexed to the City of Duluth by the provisions of this Act for approval or rejection. Any person desiring to vote in the election provided herein shall execute an affidavit stating that he is a registered voter of Gwinnett County and a resident of the area proposed to be annexed. The mayor and city council shall prescribe the form of the affidavit, and they shall have sufficient affidavits printed and available for the voters to execute on the date of the election. The mayor and city council shall set the date of such election for a day not less than thirty (30) nor more than forty-five (45) days after the date of the issuance of the call. The mayor and city council 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 Gwinnett County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act extending the corporate limits of the City of Duluth be approved? 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

Page 3617

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 Duluth. It shall be the duty of the mayor and city council 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 mayor and city council 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. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation at the 1971 Session of the General Assembly of the State of Georgia. Notice is hereby given that legislation will be introduced in the present session of the General Assembly of the State of Georgia, which convened on the 2nd Monday in January, 1971, to amend the charter of the City of Duluth, as amended by extending the City Limits of said City to include additional territory and to embrace the same within the City Limits of the City of Duluth so that the City Limits of Duluth shall be extended to include the one-fourth of Land Lot 264 of the 6th Land District, Gwinnett County, Georgia; the lands of Inez Knox and J. D. Archer in Land Lot 263 of the 6th Land District, Gwinnett County, Georgia and that portion of Land Lot 161 of the 7th Land District lying west and southwest of the center line of Norman Circle as well as the lands of Travis Boles and B. B. Harris located in Land Lot 161 of the 7th Land District, Gwinnett County, Georgia; to provide for a referendum; and to repeal conflicting laws. Notice given this 23rd day of January, 1971. City of Duluth, Georgia James M. Corley, Mayor

Page 3618

Georgia, Gwinnett County. To Whom It May Concern. This is to certify that the legal notice attached hereto as Exhibit A has been published in the Gwinnett Daily News, the legal newspaper for Gwinnett County in which the Sheriff's advertisements are published. Said legal notice was published on the following dates, to wit: January 29, 1971; February 5, 1971; February 12, 1971. /s/ Robert O. Fowler Publisher Sworn to and subscribed before me, on the 16th day of January, 1971. /s/ Janice L. Bullock, Notary Public. (Seal). Approved April 10, 1971. RICHMOND COUNTY DEPARTMENT OF HEALTH ACT AMENDED. No. 664 (House Bill No. 996). An Act to amend an Act providing for the continued existence of the Richmond County Department of Health in accordance with Article II, Section I, Paragraph VI of the Constitution of the State of Georgia, approved March 7, 1955 (Ga. L. 1955, p. 3192), so as to provide that a member of the County Board of Education of Richmond County, appointed by the President of the County Board of Education of Richmond County may serve as a member of the Richmond County Department of Health in lieu of the President of the County Board of Education of Richmond County, Georgia; to provide for all matters

Page 3619

relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for the continued existence of the Richmond County Department of Health in accordance with Article II, Section I, Paragraph VI of the Constitution of the State of Georgia, approved March 7, 1955 (Ga. L. 1955, p. 3192), is hereby amended by inserting in section 1, following the words 3. President of the County Board of Education of Richmond County, Georgia, the following: , or some member of the County Board of Education of Richmond County, Georgia, appointed by the President of the County Board of Education of Richmond County, Georgia, so that, when so amended, the material quoted in section 1 of said Act as following the number 3, shall read as follows: 3. President of the County Board of Education of Richmond County, Georgia, or some member of the County Board of Education of Richmond County, Georgia, appointed by the President of the County Board of Education of Richmond County, Georgia;. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice. Notice is hereby given that local legislation will be introduced at the 1971 Session of the General Assembly of Georgia amending the Act creating the Richmond County Department of Public Health so as to provide that the President of the County Board of Education of Richmond County, or some member designated by said President shall be

Page 3620

a member of the Richmond County Department of Health. This 15th day of January, 1971. Franklin H. Pierce Attorney for Richmond County Georgia, Richmond County. Personally appeared before me, a notary public, the undersigned William S. Morris, III, who, on oath, says that he is President of Southeastern Newspapers Corporation, publisher of the Augusta Herald, a daily newspaper published in the City of Augusta, Richmond County, Georgia, being of general circulation and being the legal organ of the County of Richmond, who certified that legal notice, a true copy of which is hereto attached, being notice of intention to apply for local legislation, was duly published once a week for three weeks, as required by law, said dates of publication being January 20, 27, and February 3, 1971. /s/ William S. Morris, III, President Southeastern Newspapers Corporation, Publisher of Augusta Herald Sworn to and subscribed before me, this 4th day of Feb., 1971. /s/ E. Arlyene Armstrong, N. P., Richmond County, Ga. My Commission Expires Feb. 13, 1973. (Seal). Approved April 10, 1971. CITY OF KENNESAWNEW CHARTER. No. 665 (House Bill No. 998). An Act to amend the charter of the City of Kennesaw in the County of Cobb; to create a new charter for said city; to prescribe the corporate limits of said city; to

Page 3621

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 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 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 the 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. Reincorporation . This Act shall constitute the whole charter of the City of Kennesaw, Georgia, repealing and replacing the charter as provided by an Act to amend, consolidate and supersede the several Acts incorporating the City of Kennesaw, in the County of Cobb, approved February 16, 1950 (Ga. L. 1950, p. 2506), as amended, particularly by an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2826), an Act approved February 20, 1958 (Ga. L. 1958, p. 2224), an Act approved March 10, 1959 (Ga. L. 1959, p. 2717), an Act approved March 3, 1964 (Ga. L. 1964, p. 2354), an Act approved February 18, 1966 (Ga. L. 1966, p. 2049), and an Act approved March 21, 1970 (Ga. L. 1970, p. 3042), except as to provisions as to the boundaries of Kennesaw and the annexation thereto. The City of Kennesaw, Georgia, in the County of Cobb, and the inhabitants thereof, shall continue

Page 3622

to be a body politic and corporate under the name and style of the City of Kennesaw, Georgia, and by that name shall have perpetual succession, may contract and be contracted 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. Section 1.02. Corporate Boundaries . The corporate boundaries of the City of Kennesaw shall be as described by the laws of the State of Georgia that have hereinbefore been enacted as the boundaries of the City of Kennesaw and, in addition to the foregoing, shall include in the corporate limits of the City of Kennesaw, all of the area embraced within the following described parcels and tracts of land: (a) Parcel One. All that tract or parcel of land lying and being in Land Lots 206, 207, 175, 176, and 167, 20th District, 2nd section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin in Land Lot 206, at the intersection of the northeast side of Old U. S. Highway No. 41 with the southeast side of the approach area of U. S. Highway No. 41, known as the Four Lane Highway; thence north 62 degrees 39 minutes east along the south side approach area 123.5 feet to an iron pin on the southwest side of said Four Lane Highway; thence southeast along the southwest side of said Four Lane Highway and following the curvature thereof a distance of 300 feet (the chord of said curve having a bearing of South 68 degrees, 21 minutes east) and the point of beginning; from the POINT OF BEGINNING thus established thence northwesterly along the southwesterly side of said Four Lane Highway to the intersection of Kennesaw-Due West Road, which is at the present city limits of Kennesaw, Georgia; thence northeast across said Four Lane Highway 200 feet to the northeasterly side of said Four Lane Highway; thence southeasterly along the northeasterly side of said Four Lane Highway to a point that is north 26 degrees 55 minutes east across the said Four Lane Highway 200 feet from

Page 3623

the POINT OF BEGINNING; thence continuing southeasterly along the northeast side of said Four Lane Highway and following the curvature thereof 337.34 feet to a point; thence continuing along the northeast side of said Four Lane Highway south 74 degrees 20 minutes east 818.5 feet to a point; thence south 10 degrees 40 minutes west across said Highway 835.5 feet to an iron pin at a fence line; thence south 89 degrees 22 minutes west and along said fence line 1134.1 feet to an iron pin on the northeast side of Old Highway No. 41; thence north 13 degrees 08 minutes west along the northeast side of Old Highway 41, a distance of 57.6 feet to a right-of-way marker; thence north 14 degrees 03 minutes west continuing along the northeast side of Old Highway No. 41, a distance of 691 feet to a right-of-way marker; thence north 75 degrees 57 minutes east 10 feet to a right-of-way marker; thence north 75 degrees 57 minutes east 230.00 feet to an iron pin; thence north 26 degrees 55 minutes east 203.93 feet to an iron pin at the southwest side of the Four Lane Highway and the POINT OF BEGINNING. (b) Parcel Two. All that tract or parcel of land lying and being in Land Lots 101 and 128 of the 20th District and 2nd section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point at the intersection of the south line of Land Lot 101 and the west side of Moon Station Road; running thence south 89 degrees, 34 minutes west along the south line of Land Lot 101, 215.2 feet to a point; thence south 19 degrees, 44 minutes, 30 seconds west, 807.3 feet to a point; thence south 89 degrees, 28 minutes west, 218 feet to a point in the centerline of Proctor Creek; running thence southwesterly and southerly along the centerline of Proctor Creek and following the meanderings thereof, 1252 feet, more or less, to a point; thence south 87 degrees, 54 minutes east, 116 feet to a point; thence south 25 degrees, 48 minutes west, 771 feet to a point; thence north 60 degrees, 15 minutes west, 299.49 feet to a point; thence south 22 degrees, 08 minutes west, 274.5 feet to a point on the northeasterly right-of-way of Old U. S. Highway 41; thence north 66 degrees, 34 minutes

Page 3624

west along the northeasterly right-of-way of Old U. S. Highway 41, 100.18 feet to a point; thence north 21 degrees, 55 minutes east, 283.48 feet to a point; thence north 68 degrees, 47 minutes west, 350.2 feet to a point; thence north 14 degrees, 40 minutes east, 65.2 feet to a point; thence north 75 degrees, 20 minutes west, 12 feet to a point; thence north 14 degrees, 40 minutes east, 297.9 feet to a point; thence north 86 degrees, 48 minutes east, 28 feet to a point; thence north 2 degrees, 36 minutes west, 125.23 feet to a point in the centerline of a certain branch; thence northeasterly along the centerline of said branch and following the meanderings thereof, 626 feet to a point at the intersection of said branch with another branch; thence northwesterly along the centerline of said other branch and following the meanderings thereof, 886 feet to a point; thence north 03 degrees, 30 minutes east, 145 feet to a point; thence northwesterly along the arc of a 200-foot radius curve, 87 feet to a point; thence south 34 degrees, 13 minutes west, 51.57 feet to a point; thence north 55 degrees, 47 minutes west, 50 feet to a point; thence north 34 degrees, 13 minutes east, 51.57 feet to a point; thence northwesterly along the arc of a 200-foot radius curve, 48 feet to a point; thence north 55 degrees, 08 minutes east, 50 feet to a point; thence southeasterly along the arc of a 150-foot radius curve, 141.37 feet to a point; thence south 88 degrees, 52 minutes east, 35 feet to a point; thence north 7 degrees, 50 minutes east, 172.04 feet to a point; thence south 88 degrees, 30 minutes east, 177 feet to a point; thence north 20 degrees, 45 minutes east, 63 feet to a point; thence north 86 degrees, 21 minutes, 30 seconds east, 504.3 feet to a point; thence south 80 degrees, 0 minutes east, 253 feet to a point; thence north 25 degrees, 38 minutes east, 169.53 feet to a point; thence north 64 degrees, 22 minutes west, 20 feet to a point; thence north 25 degrees, 38 minutes east, 100 feet to a point; thence north 2 degrees, 07 minutes west, 431.07 feet to a point; thence north 0 degrees, 52 minutes west, 25 feet to a point; thence north 89 degrees, 08 minutes east, 50 feet to a point; thence north 0 degrees, 52 minutes west, 150 feet to a point; thence north 89 degrees, 08 minutes east, 450 feet to a point; thence north 20 degrees, 15 minutes east, 120 feet to a point; thence north 29 degrees,

Page 3625

15 minutes east, 135 feet to a point; thence north 51 degrees, 30 minutes east, 135 feet to a point; thence north 73 degrees, 30 minutes east, 135 feet to a point; thence south 77 degrees, 30 minutes east, 115 feet to a point; thence north 89 degrees, 34 minutes east, 106.03 feet to a point on the west side Moon Station Road; thence south 3 degrees, 13 minutes west, along the west side of Moon Station Road, 80.29 feet to a point; thence south 5 degrees, 47 minutes east, along the west side of Moon Station Road, 266.3 feet to the intersection of the south line of Land Lot 101 and the west side of Moon Station Road, being the point of beginning; and (c) Parcel Three. All that tract or parcel of land lying and being in Land Lots 60, 61, and 92 of the 20th District and 2nd section of Cobb County, Georgia, being lots 1 thru 41 of the YONAH VALLEY ESTATES Subdivision, Weeks Drive, Argus Drive, and that portion of Shiloh Road from the north side of the city limits of Kennesaw, Georgia, to the northeast corner of Lot 1 of said subdivision which is more particularly described as follows: BEGINNING at a point on the northwesterly side of Shiloh Road where the same is intersected by the north line of the city limits of Kennesaw, Georgia; running thence northeasterly along the northwesterly side of Shiloh Road and following the curvature thereof to a point where the same is intersected by the east line of Land Lot 61; running thence north 63 degrees 27 minutes west 650.4 feet; running thence north 00 degrees 03 minutes east 584.4 feet to the northeasterly side of a branch; running thence northwesterly along the northeasterly side of said branch and following the curvature thereof 906.6 feet; running thence north 00 degrees and 29 minutes east 1053.4 feet to the north line of Land Lot 61; running thence south 33 degrees and 41 minutes east 2701.1 feet to the northwesterly side of Shiloh Road; running thence south 33 degrees and 41 minutes east 60 feet to the southeasterly side of Shiloh Road; running thence southwesterly along the southeasterly side of Shiloh Road and following the curvature thereof to a point where the same is intersected by the north line of the city limits of Kennesaw; running

Page 3626

thence northwesterly along the city limits of Kennesaw 60 feet to the northwesterly side of Shiloh Road and the point of beginning. Section 1.03. Corporate Powers . The corporate powers of the city, to be exercised by the mayor and council, include the following: (a) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation for state and county purposes and to contract with any city, county, or other governmental and political subdivisions for the ministerial acts of billing and collection of city ad valorem taxes, or other fees, assessments, or taxes, as the mayor and council may by resolution authorize. (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. Whenever the city shall desire to create a bonded debt for the purpose of carrying into effect any of the powers and provisions of this charter, it shall have the right and authority to do so when authorized by a majority of the qualified voters of the city voting in an election. (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 of the corporate

Page 3627

boundaries 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. (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, both inside and outside the corporate limits, subject to the provisions of applicable general law. For water, gas and electricity furnished, and for all sewerage and sanitary service 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 but not limited to those stated above, not to exceed periods of twenty years. 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, insofar as not in conflict with laws of the State of Georgia. (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, correctional, detentional, penal, and medical institutions, agencies and facilities; and any other public improvements, inside or outside the corporate boundaries 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. (i) To prescribe standards of health and sanitation and

Page 3628

to provide for the enforcement of such standards. (j) To provide for the collection and disposal of garbage, rubbish and refuse and to provide power and authority to take all necessary and proper means for keeping the city limits free from garbage, trash and filth. 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 and after an opportunity to be heard on same. (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 mayor and council may provide for the commitment of city prisoners to any county work camp, or other governmental agency or jail, by agreement with

Page 3629

the appropriate county or governmental officers. (o) To regulate, license, or tax, 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, or any other reasonable regulations as may be prescribed by ordinance. (q) To levy and provide for the collection of special assessments to cover the cost 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 limitation prescribed by this charter of State law. (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 3630

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. (v) To contract with any State department or agency or any other political subdivision for joint services or the exchange of services; and to contract with such agencies or subdivisions for the joint use of facilities or equipment; and to contract with any such agency or subdivision to perform any service or execute any project in which the municipality has an interest. (w) To authorize the providing for surety bonds for employees, said bonds to be payable to the city, with premiums payable by the city, when necessary or proper. 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. ARTICLE II . CITY GOVERNMENT . Section 2.01. Establishment of City Government . The corporate governmental powers of the City of Kennesaw shall be vested in a mayor and five councilmen to be known as the Mayor and Council of the City of Kennesaw. The

Page 3631

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 Kennesaw. Section 2.02. Qualification for Mayor and Councilmen . To be eligible for the office of mayor or councilman, elected or appointed, a person must be at least twenty-one years of age, an owner of real property, and must meet the requirements of a qualified voter of said city, as prescribed by State law and must have been a bona fide resident of the City of Kennesaw for at least one year next preceding the election in which he offers as a candidate. No person shall be eligible as mayor or a councilman who shall have been convicted of a crime involving moral turpitude unless such person has received a full pardon and has all rights of citizenship restored. Section 2.03. Election of Mayor and Councilmen . Those persons presently elected to office shall continue to serve until their successors are duly elected and qualified as provided by law. On the first Saturday in October, 1972, and on said date biennially thereafter, an election shall be held for those two councilmen who at said date are serving as Councilman, Post No. 1, and Councilman, Post No. 2, and for mayor. Such positions shall continue to be designated as Mayor, City of Kennesaw, Councilman, Post No. 1 and Councilman, Post No. 2. The candidate receiving a plurality of the votes cast for mayor shall be declared elected, and the candidate for each post receiving a plurality of the votes cast shall be declared elected as councilman for that post for which he qualified. On the first Saturday in October, 1971, and on said date biennially thereafter, an election shall be held for those councilmen who at said date are serving as Councilman, Post No. 3, Councilman, Post No. 4 and Councilman, Post No. 5. Such position shall continue to be designated

Page 3632

as Councilman, Post No. 3, Councilman, Post No. 4, and Councilman, Post No. 5. The candidates for each post receiving a plurality vote shall be declared elected as councilman for that post for which he qualified. Any person possessed with the qualifications as required by law may qualify for any council post or for mayor. Section 2.04. Terms of Office . The terms of office for mayor and councilmen shall begin on the first Monday in January following their respective election, and shall continue for four years and until their successors are elected and qualified. Section 2.05. 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 of the city, except as otherwise provided in this Act. The mayor and council shall hold regular public meetings at a stated time and place as provided by ordinance. The mayor and council shall meet in special session on call of either 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. Alternatively, or in addition thereto, notice of a special session may be given by telephoning the other members. If this method is used, the first order of business in the special session shall be to enter upon the minutes of the meeting on oath, or an affidavit by the mayor, or the mayor pro tem and two councilmen calling the special session, attested to by the city clerk or by another member of the council, or any person authorized to administer oaths. Said oath or affidavit must contain a statement that each councilman was either notified personally by telephone by the person making the oath or affidavit, or was not capable of being so notified by reason of lack of knowledge of his whereabouts, or his absence from the State. Any person who is found guilty of false swearing as defined by section 26-2402 of the Code of Georgia of 1933, as it now exists or may hereafter be amended, in the above proceeding shall be punished as provided by law. Any action taken in a special session which was called by a person later found guilty of false-swearing

Page 3633

regarding the telephone notice of any member shall be void, unless ratified unanimously at a regular council meeting held after said person is found guilty. A ratification of action taken in such a special session by the mayor and council prior to a conviction for false-swearing shall not be effective. Any liability to the city arising from action taken by the mayor and council pursuant to a special session in which telephone notice is given, and in which the person calling the meeting is found guilty of false-swearing shall result in several liability for the person so convicted. But such notice of a special meeting shall not be required and shall be considered waived if the mayor and all council are present when the special meeting is called or convened. Only the business stated in the written call or stated as being the purpose in the oath or affidavit required in special sessions convened under the telephone notice provision of this charter may be transacted at a special meeting, except by unanimous consent of all members of the council. The mayor and council shall exercise its powers in public meetings. Four councilmen 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 mayor and council may provide by ordinance for punishment for contemptuous behavior conducted in their presence. Section 2.06. 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 four days after meetings of the council in which to file with the clerk in writing this dissent, but the council may at the same meeting or any subsequent meeting within eighteen (18) days, pass any such ordinance, 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 chief executive officer 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

Page 3634

to do so; and shall perform such other duties imposed by this charter and duly adopted ordinances. Section 2.07. 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 by 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 Councilman . 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 and such leave of absence is entered on the minutes; or if he is adjudged incompetent; or is convicted of malfeasance in office; or of a felony. In the event a vacancy occurs in the office of a member of the council from any cause other than the expiration of a term of office, the vacancy shall be filled in the following manner: If the vacancy occurs within twelve (12) months of the expiration of the term, the vacancy shall be filled by the mayor and council electing a qualified person to serve out the unexpired term of office. If the vacancy occurs within thirty days prior to the regular city election, the vacancy shall be filled at such regular election under the same rules and regulations and provisions of law pertaining to the election of councilmen. If the vacancy occurs at any other time not provided by above, the vacancy shall be filled by a special election pursuant to a call of a special election as provided by this charter. At no time shall there be more than one councilman so appointed holding office; and if a vacancy occurs

Page 3635

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 remainder of 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 mayor, a special election shall be called and held in the manner prescribed by the Georgia Municipal Election Code (Title 34A, Code of Georgia 1933) as it now exists or may hereafter be amended, so long as the vacancy occurs at lease three (3) months prior to regular expiration date of the term. If the vacancy occurs within three (3) months of the expiration date of the term, the mayor pro tem shall serve until the expiration date, and shall be authorized during said period, to exercise all of the powers of the mayor, hereinbefore or hereinafter provided. Section 2.09. Compensation and Expenses . The mayor and council may determine the salary of the mayor and councilmen by ordinance, provided that salary changes enacted shall not become effective until the first regular meeting after the next general election. Each councilman and the mayor, when authorized by the mayor and council and upon presentation of itemized vouchers, shall receive their actual and necessary expenses incurred in the performance or their duties of office. Section 2.10. City Clerk . The mayor and council shall appoint a city clerk who shall serve at their pleasure and 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

Page 3636

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. 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 Kennesaw, 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 . 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 lease 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 . 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 meetings not less than seven days apart.

Page 3637

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 mayor and council, by such ordinance, 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, 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. 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. 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 swear that I will faithfully and impartially uphold the Constitution of this State and of the United States, and will demean myself as mayor (or councilman, as the case

Page 3638

may be) during my continuance in office. I have not, in order to influence my election to this office, directly or indirectly promised my vote or support to any person or officer in the said government of the City of Kennesaw, nor for any other office. I will not knowingly permit my vote in the election or appointment of any persons to a position in said government to be influenced by fear, favor or the hope of reward, but in all things pertaining to my office I will be governed by what in my judgment is for the public good and for the best interest of said city, 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 of election to any city office. Section 3.06. 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 January and shall end on the thirty-first day of December 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 prohibited 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:

Page 3639

(a) the revenue and expenditure during the preceding fiscal year, (b) appropriations and estimated revenue and recommended expenditures for the next fiscal year, (c) 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 (d) 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 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 appropriations may be made for any public purpose only from an existing unappropriated surplus. 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

Page 3640

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 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 the capital improvements still pending on 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 for the city. Section 4.08. Annual Audit . The mayor and council shall employ 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

Page 3641

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 the 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 . All property subject to the taxation for State or county purposes, assessed as of January 1, in each year, shall be returned for taxes each year on or before April 1. If such return is not made, the mayor and council are authorized to assess a penalty of not more than ten percent (10%) of the taxes due on said property. Taxes shall be due on August 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 provide for an independent city assessment as provided by law or may elect to use the county assessment for the year in which city taxes are to be levied 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 (20) mills, of assessed

Page 3642

valuation. Said city is hereby authorized to levy taxes in excess of the limitations prescribed by Georgia Code section 92-4101 to 92-4104 and such limitations shall not be applicable to the City of Kennesaw. Section 4.12. Tax of Due Date and Tax Bills . The due date of property taxes shall be August 1, of each year, unless otherwise provided by ordinance. 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 which time may be changed by ordinance, 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 percent (7%) 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. 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; 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 when said taxes shall be due and payable. Section 4.13. Collection of Delinquent Taxes . The mayor and 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

Page 3643

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 Clerk of the City of Kennesaw 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 in 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 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 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.

Page 3644

ARTICLE V . ELECTIONS . Section 5.01. Regular Elections . Time for holding and taking office. The regular elections for mayor and councilmen shall be held on the first Saturday in October of each year. Officials elected at any regular election shall take office on the first Monday in January next following such election. Section 5.02. Qualification of Candidates . Any person desiring to become a candidate in any regular election, shall file written notice of his candidacy with the municipal superintendent not less than fifteen (15) days nor more than forty-five (45) days, as provided by ordinance, prior to the date fixed for the holding of any such election. Written notice of candidacy for any special election shall be filed with said superintendent not less than ten (10) nor more than thirty (30) days, as provided by ordinance, prior to the date fixed for the holding of any such election. Section 5.03 Qualification of Electors . 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 Kennesaw for at least 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 . Except as otherwise provided by this charter, the election of all officials of the City of Kennesaw where provision is made for election by the qualified voters thereof, shall be conducted as to special or general elections in conformity so far as applicable with the provisions of the Georgia Municipal Election Code in Title 34A of the Code of Georgia of 1933 as it now exists or may hereafter be amended. Whenever any time period established by said Code is altered so as to change or supersede any time period provided herein, it shall be considered that said periods herein shall

Page 3645

be correspondingly changed so as to avoid any conflict between the charter and the general law. Section 5.05. Time of ElectionPolls . The polls shall be opened from 7 o'clock a.m. to 7 o'clock p.m. Section 5.06. 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; provided, however, any change in a polling place shall be affected as provided by section 34A-064 of the Municipal Election Code, as it now exists or may hereafter be amended. Section 5.07. Voter Registration . In all elections held in the City of Kennesaw, whether 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 . 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 5.09. Absentee Ballots . The mayor and council in its discretion is authorized to provide by ordinance for absentee ballots for any city election. Section 5.10. Call for Elections . Any call for an election which is required to be made by the laws of this State shall be made by the mayor and council. 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 Kennesaw, 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

Page 3646

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 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 Kennesaw 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 to prescribe the condition 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 21 years, shall not have been convicted of a crime involving moral turpitude and shall be qualified to vote in Cobb County. The recorder shall be appointed by the mayor and council, and shall serve at their discretion. 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) The recorder pro tem shall serve in the absence of the recorder, shall have the same qualifications as the recorder, and shall be appointed by the mayor and council. (c) Before entering on duties of his office, the recorder or recorder pro tem 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

Page 3647

partiality. This oath shall be entered upon the minutes of the meeting 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 Kennesaw passed in accordance with this charter, for each offense in 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 ($100.00) or imprisonment not exceeding twenty (20) 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 Kennesaw which warrants may be executed by an 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 Kennesaw. 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, recorders, 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 and procedures pertaining to appeal bonds to the Superior Court of Cobb County from the recorder's court shall lie in the same manner and under the same procedure as generally

Page 3648

prescribed for appeals and appeal bonds from the Court of Ordinary. An appeal to the Superior Court shall be a de novo proceeding. Section 6.05. Court Costs . In all cases in the recorder's court of the City of Kennesaw, 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 mayor and council may establish a schedule of fees to defray costs of operation and the city shall be entitled to reimbursement of the costs, meals, transportation, and caretaking of prisoners bond over to the superior court for violations of State law. The mayor and 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 collection and payment into the city treasury. The recorder 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 for the proper administration of said court. Section 6.06. Rules for Court . 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 . 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,

Page 3649

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. ARTICLE VIII . REPEALER . Section 8.01 . 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 1971 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Kennesaw (Ga. L. 1950, p. 2506, et seq.), as heretofore amended, and for other purposes. This 22nd day of December, 1970. Cyrus M. Chapman J. H. Henderson, Jr. Senators George H. Kreeger Eugene Housley Howard Atherton A. L. Burruss Joe Mack Wilson G. Robert Howard Hugh Lee McDaniell Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George H. Kreeger

Page 3650

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 8, 15 and 22, 1971. /s/ George H. Kreeger Representative, 117th District Sworn to and subscribed before me, this 3rd day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. Approved April 10, 1971. CITY OF ATHENSCORPORATE LIMITS REDEFINED. No. 666 (House Bill No. 1004). An Act to amend an Act entitled An Act to amend the charter of the City of Athens, and the various Acts amendatory thereof, approved August 24, 1872 (Ga. L. 1872, p. 127), as amended by an Act approved February 26, 1877 (Ga. L. 1877, p. 140), and by the Act approved August 17, 1911 (Ga. L. 1911, p. 554), and by the Act approved August 16, 1920 (Ga. L. 1920, p. 727), and by the Act approved March 7, 1955 (Ga. L. 1955, p. 2837), and by the Act approved March 3, 1962 (Ga. L. 1962, p. 2677), so as to redefine the corporate limits of the City of Athens; to amend said Act as amended by the Act approved August 1, 1921 (Ga. L. 1921, p. 659), and by the Act approved March 3, 1962 (Ga. L. 1962, p. 2677), so as to redefine the boundaries of the wards of the City of

Page 3651

Athens; to provide an effective date of this Act; 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 the charter of the City of Athens and the various Acts amendatory thereof, approved August 24, 1872 (Ga. L. 1872, p. 127), as heretofore amended by an Act approved February 26, 1877 (Ga. L. 1877, p. 140), and by the Act approved August 17, 1911, p. 554), and by the Act approved August 16, 1920 (Ga. L. 1920, p. 727), and by the Act approved March 7, 1955 (Ga. L. 1955, p. 2837), and by the Act approved March 3, 1962 (Ga. L. 1962, p. 2677), is hereby amended so as to redefine the corporate limits of the City of Athens as follows: Beginning at a point in the center of the Newton Bridge Road where said Road is intersected by the arc of a circle having a radius of two miles and with its center at the center of the University of Georgia Chapel; running from said beginning point southeasterly along the center of the Newton Bridge to the center of its intersection with the North By Pass; running thence in an easterly direction along the center of the North By Pass to a point where the same 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 University of Georgia Chapel; running thence in a southeasterly, southerly and southwesterly direction along the arc of a circle having a radius of one and one-half miles and with its center at the center of the University of Georgia Chapel to a point where the arc of said circle intersects with the center of the track of the Central of Georgia Railroad; running thence in a southerly direction along the center of the tract of the Central of Georgia Railroad to a point on the center of the track of said Railroad which is 200 feet south of the intersection of the center of the track of said Railroad and the center of the Will Hunter Road projected eastwardly; running thence in a northwesterly direction 200 feet southwesterly of and parallel of the center of the Will Hunter Road to a point 200 feet southeasterly of the center of U. S. Highway 441; running thence

Page 3652

southwesterly 200 feet southeasterly of and parallel to the center of U. S. Highway 441 to the center of the Middle Oconee River; running thence in a northwesterly direction along the meanderings of the center of the Middle Oconee River to a point 2,500 feet (measured along the meanderings of the center of said River) northwesterly from the center of Mitchell Bridge; running thence in a northerly direction in a straight line to a point on the Tallassee Road which is 400 feet westerly (measured along the Tallassee Road) from the center of the intersection of the Tallassee Road and the Whitehead Road; running thence in a northeasterly direction 400 feet northwesterly of and parallel to the center of the Whitehead Road to U. S. Highway 129; continuing thence in a northwesterly direction parallel to the center line of the Whitehead Road projected northeasterly across U. S. Highway 129 to the center of the Gainesville Midland Railroad Track; running thence southeasterly along the center of the Gainesville Midland Railroad Track to a point where the same is intersected by the property line projected southwesterly of the Athens Country Club, Inc. and Moss; running thence along the property line of Athens Country Club, Inc. and Moss north 67 degrees 20 minutes east 1870 feet to a point; running thence along the property line of Moss and the Athens Country Club, Inc. north 77 degrees 45 minutes east 1784 feet to a point; running thence along the property line of the Athens Country Club, Inc. and Moss south 12 degrees 45 minutes east 81 feet to a point, said point being on the property line between the Athens Country Club, Inc. and Winston; running thence along the property line between the Athens Country Club, Inc. and Winston south 48 degrees 45 minutes west 838 feet to a point; running thence along the property line of the Athens Country Club, Inc. and Winston south 24 degrees 45 minutes east 1525 feet to a point; running thence along the property line of the Athens Country Club, Inc. and Winston North 67 degrees 45 minutes east 480 feet to a point; running thence along the property line of the Athens Country Club, Inc. and Winston south 37 degrees 20 minutes east 80 feet to a point where the same is intersected by the arc of a circle having a radius of two miles and with its center at the center of the University of Georgia Chapel; running thence in a northeasterly direction along the arc of a circle having a radius

Page 3653

of two miles and with its center at the center of the University of Georgia Chapel to the beginning point where the arc of said circle intersects the center of the Newton Bridge Road. The authority and jurisdiction of the mayor and council of the City of Athens shall be applicable to all of the area included within the corporate limits above described. Section 2 . An Act entitled An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof, approved August 24, 1872 (Ga. L. 1872, p. 127), as heretofore amended by an Act approved August 1, 1921 (Ga. L. 1921, p. 659), and as heretofore amended by an Act approved March 3, 1962 (Ga. L. 1962, p. 2677), is hereby amended so as to redefine the boundaries of the five wards into which the area of the City of Athens is subdivided as follows: FIRST WARD. Beginning at a point where the center line of U.S. Highway 441 intersects with the corporate limits described in section 1 of this Act and running thence in a southerly direction along the center line of U. S. Highway 441 to a point where the same is intersected by the centerline of Ruth Street; running thence in a westerly direction along a projection of the centerline of Ruth Street to a point where the same is intersected by the center of the North Oconee River; running thence in a southerly direction along the meanderings of the center of the North Oconee River to a point where the same intersects the centerline of North Avenue-Madison Street; running thence in a southwesterly direction along the centerline of Madison Street to a point where the same is intersected by the centerline of Thomas Street; running thence in a southerly direction along the centerline of Thomas Street to a point where the same is intersected by the centerline of Broad Street; running thence in a westerly direction along the centerline of Broad Street to a point where the same is intersected by the centerline of Lumpkin Street; running thence in a southwesterly direction along the centerline of Lumpkin Street to a point where the same is intersected by the centerline of Woodrow Street; running thence in a southeasterly direction

Page 3654

along the centerline of Woodrow Street to a point where the same is intersected by the centerline of Northview Drive; running thence in an easterly direction along the centerline of Northview Drive to a point where the same is intersected by the centerline of Pinecrest Drive; running thence in a northerly direction along the centerline of Pinecrest Drive to a point where the same is intersected by the centerline of East Rutherford Street; running thence in an easterly direction along the centerline of East Rutherford Street to a point where the same is intersected by the centerline of Smith Street; running thence in a southerly direction, then easterly direction along the centerline of Smith Street to a point where the same is intersected by the centerline of Carlton Street; running thence in an easterly direction along the centerline of Carlton Street to a point where the same is intersected by the centerline of Agriculture Drive; running thence in a southerly direction along the centerline of Agriculture Drive to a point where the same is intersected by the centerline of Burnett Street; running thence in a westerly direction along the centerline of Burnett Street to a point where the same is intersected by the centerline of Scott Street; running thence in a southerly direction along the centerline of Scott Street to a point where the same is intersected by the centerline of Morton Avenue; running thence in an easterly direction along the centerline of Morton Avenue to a point where the same is intersected by the centerline of Agriculture Drive; running thence in a southerly direction along the centerline of Agriculture Drive to a point where the same is intersected by the centerline of Southview Drive-College Station Road; running thence in an easterly direction along the centerline of College Station Road to the point of its intersection with the center of the Central of Georgia Railroad Track; running thence in a southerly direction along the center of the Central of Georgia Railroad Track to its intersection with corporate limits of the City of Athens as described in section 1 of this Act; and running thence in a northeasterly, northerly and northwesterly direction along the corporate limits described in section 1 of this Act to the point of beginning at the intersection thereof with the centerline of U. S. Highway 441.

Page 3655

SECOND WARD. Beginning at the intersection of the centerlines of Lumpkin Street and Wray Street; running thence in a westerly direction along the centerline of Wray Street to a point where the same is intersected by the centerline of Hull Street; running thence in a southerly direction along the centerline of Hull Street to a point where the same is intersected by the centerline of Baxter Street; running thence in a westerly direction along the centerline of Baxter Street to a point where the same is intersected by the centerline of Cloverhurst Avenue; running thence in a southerly direction along the centerline of Cloverhurst Avenue to a point where the same is intersected by the centerline of Finley Street; running thence in a northerly direction along the centerline of Finley Street to a point where the same is intersected by an easterly projection of the centerline of Peabody Street; running thence in a westerly direction along the centerline projection of Peabody Street to a point where the same is intersected by the centerline of Church Street; running thence in a northerly direction along the centerline of Church Street to a point where the same is intersected by the centerline of Baxter Street; running thence in a westerly direction along the centerline of Baxter Street to a point where the same is intersected by the centerline of Milledge Avenue; running thence in a southerly direction along the centerline of Milledge Avenue to a point where the same is intersected by the centerline of Springdale Street; running thence in a westerly direction along the centerline of Springdale Street to a point where the same is intersected by the centerline of Bobbin Mill Road; running thence in a southwesterly direction along the centerline of Bobbin Mill Road to a point where the same is intersected by the centerline of McWhorter Drive; running thence in a southeasterly direction along the centerline of McWhorter Drive to a point where the same is intersected by the centerline of Milledge Circle; running thence is a westerly direction along Milledge Circle to a point where the same is intersected by the center of Bobbin Mill Creek; running thence in a southwesterly direction along the center of Bobbin Mill Creek to its intersection with the corporate limits of the City of Athens as described in section 1 of this Act at the point where Bobbin Mill Creek flows into the Middle Oconee River; running thence in a southeasterly

Page 3656

direction and then in a northerly direction along the corporate limits of the City of Athens described in section 1 of this Act to a point where the same diverge from the centerline of the track of the Central of Georgia Railroad; running thence in a northerly direction along the centerline of the track of the Central of Georgia Railroad to a point where the same is intersected by the centerline of College Station Road; running thence in a westerly direction along the centerline of College Station Road to a point where the same is intersected by the centerline of Agriculture Drive; running thence in a northerly direction along the centerline of Agriculture Drive to a point where the same is intersected by the centerline of Morton Avenue; running thence in a westerly direction along the centerline of Morton Avenue to a point where the same is intersected by the centerline of Scott Street; running thence in a northerly direction along the centerline of Scott Street to a point where the same is intersected by the centerline of Burnett Street; running thence in an easterly direction along the centerline of Burnett Street to a point where the same is intersected by the centerline of Agriculture Drive; running thence in a northerly direction along the centerline of Agriculture Drive to a point where the same is intersected by the centerline of Carlton Street; running thence in a westerly direction along the centerline of Carlton Street to a point where the same is intersected by the centerline of Smith Street; running thence in a southwesterly direction, then northwesterly direction along the centerline of Smith Street to a point where the same is intersected by the centerline of East Rutherford Street; running thence in a southeasterly direction along the centerline of East Rutherford Street to a point where the same is intersected by the centerline of Pinecrest Drive; running thence in a southerly direction along Pinecrest Drive to a point where the same is intersected by the centerline of Northview Drive, running thence in a westerly direction along the centerline of Northview Drive to a point where the same is itersected by the centerline of Woodrow Street; running thence in a northwesterly direction along the centerline of Woodrow Street to a point where the same is intersected by the centerline of Lumpkin Street; running thence in a northeasterly direction along the centerline of Lumpkin Street to the

Page 3657

beginning point thereof at the intersection of the centerline of Wray Street. THIRD WARD. Beginning at a point where the centerlines of Hancock Avenue and Finley Street intersects; running thence in a southerly direction along the centerline of Finley Street to a point where the same is intersected by an easterly projection of the centerline of Peabody Street; running thence in a westerly direction along the centerline projection of Peabody Street to a point where the same is intersected by the centerline of Church Street; running thence in a northerly direction along the centerline of Church Street to a point where the same is intersected by the centerline of Baxter Street; running thence in a westerly direction along the centerline of Baxter Street to a point where the same is intersected by the centerline of Milledge Avenue: running thence in a southerly direction along the centerline of Milledge Avenue to a point where the same is intersected by the centerline of Springdale Street; running thence in a westerly direction along the centerline of Springdale Street to a point where the same is intersected by the centerline of Bobbin Mill Road; running thence in a southwesterly direction along the centerline of Bobbin Mill Road to a point where the same is intersected by the centerline of McWhorter Drive; running thence in a southeasterly direction along the centerline of McWhorter Drive to a point where the same is intersected by the centerline of Milledge Circle; running thence in a westerly direction along the centerline of Milledge Circle to a point where the same is intersected by the center of Bobbin Mill Creek; running thence in a southwesterly direction along the center of Bobbin Mill Creek to its intersection with the corporate limits of the City of Athens as described in section 1 of this Act at the point where Bobbin Mill Creek flows into the Middle Oconee River; running thence in a northwesterly direction along the corporate limits of the City of Athens described in section 1 of this Act to a point where the same is intersected by the centerline of U. S. Highway 78; running thence in an easterly direction along the centerline of U. S. Highway 78 to a point where the same is intersected by the centerline of Hancock Avenue; running thence in a northeasterly direction, then easterly direction along the

Page 3658

centerline of Hancock Avenue to a point where the same is intersected by the centerline of Harris Street; running thence in a southerly direction along the centerline of Harris Street to a point where the same is intersected by the centerline of Reese Street; running thence in an easterly direction along the centerline of Reese Street to a point where the same is intersected by the centerline of Church Street; running thence in a northerly direction along the centerline of Church Street to a point where the same is intersected by the centerline of Hancock Avenue; running thence in an easterly direction along the centerline of Hancock Avenue to the beginning point thereof at the intersection at the centerline of Finley Street. FOURTH WARD. Beginning at a point where the centerline of U. S. Highway 441 intersects with the corporate limits described in section 1 of this Act and running thence in a southerly direction along the centerline of U. S. Highway 441 to a point where the same is intersected by the centerline of Ruth Street; running thence in a westerly direction along a projection of the centerline of Ruth Street to a point where the same is intersected by the center of the North Oconee River; running thence in a southerly direction along the meanderings of the center of the North Oconee River to a point where the same intersects the centerline of North Avenue-Madison Street; running thence in a south-westerly direction along the centerline of Madison Street to a point where the same is intersected by the centerline of Thomas Street; running thence in a southerly direction along the centerline of Thomas Street to a point where the same is intersected by the centerline of Broad Street; running thence in a westerly direction along the centerline of Broad Street to a point where the same is intersected by the centerline of Lumpkin Street; running thence in a southerly direction along the centerline of Lumpkin Street to a point where the same is intersected by the centerline of Wray Street; running thence in a westerly direction along the centerline of Wray Street to a point where the same is intersected by the centerline of Hull Street; running thence in a southerly direction along the centerline of Hull Street to a point where the same is intersected by the centerline of Baxter Street; running thence in a westerly

Page 3659

direction along the centerline of Baxter Street to a point where the same is intersected by the centerline of Cloverhurst Avenue; running thence in a southerly direction along the centerline of Cloverhurst Avenue to a point where the same is intersected by the centerline of Finley Street; running thence in a northerly direction along the centerline of Finley Street to a point where the same is intersected by the centerline of Hancock Avenue; running thence in a westerly direction along the centerline of Hancock Avenue to a point where the same is intersected by the centerline of Church Street; running thence in a northerly direction along the centerline of Church Street to a point where the same is intersected by the centerline of Prince Avenue; running thence in a northwesterly direction along the centerline of Prince Avenue-U.S. Highway 129 to a point where the same is intersected by the center of the Seaboard Coastline Railroad Track; running thence westerly along the center of the Seaboard Coastline Railroad Track to its intersection with the corporate limits of the City of Athens as described in section 1 of this Act; and running thence in a northeasterly, southeasterly and northeasterly direction along the corporate limits of the City of Athens as described in section 1 of this Act to the point of beginning at the intersection thereof with the centerline of U. S. Highway 441. FIFTH WARD. Beginning at a point of the intersection of the centerlines of Prince Avenue and Church Street; running thence in a southerly direction along the centerline of Church Street to a point where the same is intersected by the centerline of Reese Street; running thence in a westerly direction along the centerline of Reese Street to a point where the same is intersected by the centerline of Harris Street; running thence in a northerly direction along the centerline of Harris Street to a point where the same is intersected by the centerline of Hancock Avenue; running thence in a westerly direction, then southwesterly direction along the centerline of Hancock Avenue to a point where the same is intersected by the centerline of U. S. Highway 78; running thence in a westerly direction along the centerline of U. S. Highway 78 to its intersection of the corporate limits of the City of Athens as described in section

Page 3660

1 of this Act; running thence in a northwesterly and northerly direction along the corporate limits of the City of Athens as described in section 1 of this Act to its intersection with the center of Seaboard Coastline Railroad Track; running thence in an easterly direction along the center of the Seaboard Coastline Railroad Track to a point where the same is intersected by the centerline of U. S. Highway 129; running thence in a southeasterly direction, then easterly direction along the centerline of U. S. Highway 129- Prince Avenue to the point of beginning at the intersection thereof with the centerline of Church Street. Each of said wards shall be entitled to two aldermen who shall be members of the City Council of the City of Athens; and the aldermen for the presently constituted wards in the presently existing corporate limits of the City of Athens shall represent the wards herein created for the remainder of their terms of office. All civil service commissioners for the City of Athens shall serve out their term of office to which elected. The successors of the aldermen and the civil service commissioners shall be elected in accordance with the provisions of law now existing with respect to the election of aldermen and civil service commissioners for the City of Athens. Section 3 . This Act shall take effect upon its approval by the Governor. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that the Mayor and Council of the City of Athens intends to apply to the General Assembly of Georgia at the 1971 Session thereof for the passage of a local bill to amend the Charter of the Mayor and Council of the City of Athens so as to redraw ward lines and to reapportion the same; to repeal conflicting laws; and for other purposes.

Page 3661

This 26 day of January, 1971. The Mayor and Council of the City of Athens By: Julius F. Bishop, Mayor Georgia, Clarke County. Personally before me, the undersigned attesting officer authorized by law to administer oaths, appeared N. S. Hayden, who, being put upon oath, certifies, deposes and swears that he is the publisher of the Athens Daily News; that the Athens Daily News is the newspaper in which Sheriff's advertisements are published in Clarke County, Georgia; and that the foregoing notice of intention to apply for local legislation was published in the Athens Daily News on January 29, 1970, and February 5 and 12, 1970. /s/ N. S. Hayden Certified, sworn to and subscribed before me, this 16th day of February, 1971. /s/ Frances P. Carter, Notary Public, Clarke County, Georgia My Commission Expires Aug. 5, 1973. (Seal) Approved April 10, 1971. SMALL CLAIMS COURT ACT INAPPLICABLE TO CERTAIN COUNTIES (15,700-15,825). No. 667 (House Bill No. 1007). An Act to amend an Act creating a small claims court in certain counties in this State, approved April 4, 1963 (Ga. L. 1963, p. 2896), so as to provide that said Act shall not

Page 3662

apply to certain counties; 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 certain counties in this State, approved April 4, 1963 (Ga. L. 1963, p. 2896), is hereby amended by inserting between section 1 and section 2, a new section, to be numbered section 1A, to read as follows: Section 1A. The provisions of this Act shall not be applicable to any county in this State having a population of not less than 15,700 and not more than 15,825 according to the United States Decennial Census of 1970 or any such future decennial census. Section 2 . All laws and parts of laws in conflict with this act are hereby repealed. Approved April 10, 1971. ZONING PROCEDURE CHANGED IN CERTAIN COUNTIES, ETC. (500,000 OR MORE). No. 668 (House Bill No. 1010). An Act to change the zoning procedures in certain counties and in all municipalities located wholly or partially in such counties; to provide that a copy of any application requesting the zoning change shall be sent to the board of education, the public works department and the department of public health in such counties and municipalities to require each department in such counties and municipalities to render a decision as to the effect of the zoning change on their respective departments; to require each department to submit a report to the board of commissioners, board of aldermen or city council and the joint zoning boards in such counties and municipalities; to provide that the report shall be read at each public

Page 3663

hearing in such counties and municipalities; to provide that each departmental report shall become a part of the zoning application in such counties and municipalities; to provide that the report submitted by each department in such counties and municipalities shall contain certain information; 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 500,000 or more according to the United States decennial census of 1970 or any future such census and in all municipalities lying wholly or partially within such counties, the director of the planning departments of such counties and municipalities shall furnish a copy of each application requesting a zoning change to the board of education, the public works department and the department of public health. Each department in such counties and municipalities shall render a report detailing the effect the zoning change will have on the operation of their respective departments. Each department in such counties and municipalities shall submit a report to the board of commissioners, board of aldermen or city council and to the joint zoning boards which shall be read at each public hearing. Each departmental report shall become a permanent part of the zoning application in such counties and municipalities. Each department submitting a report to the board of commissioners, the board of aldermen or the city council and the joint zoning boards shall contain certain information concerning the effect of the zoning change on the schools, sewerage service and streets in such counties and municipalities. 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. Approved April 10, 1971.

Page 3664

CITY OF ROMECHARTER AMENDED. No. 671 (House Bill No. 1025). 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, p. 813), as amended, particularly by an Act approved March 2, 1966 (Ga. L. 1966, p. 2815), so as to provide that the election for members of the City Board of Education be held on the Tuesday next following the first Monday in November in the year next preceding the expiration of the term; to provide that a run-off election be governed by the Georgia Municipal Election Code; 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 and municipal government for the City of Rome, approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, particularly by an Act approved March 2, 1966 (Ga. L. 1966, p. 2815), is hereby amended by striking subsection (d) of section 84 in its entirety and substituting in lieu thereof a new subsection (d), to read as follows: (d) If a candidate for the Board of Education does not receive a majority of all the consolidated votes of the entire city cast in said election for the post for which he qualified as a candidate, a run-off election shall be held between the two candidates receiving the highest number of votes. Such run-off shall be held in accordance with the Georgia Municipal Election Code. Section 2 . Said Act is further amended by striking subsection (f) of section 84 in its entirety and by inserting in lieu thereof a new subsection (f), to read as follows: (f) Be it further enacted by the authority aforesaid that after the election on the first Tuesday in March, 1967, at the termination of the then elected Board members' terms, as hereinbefore set forth, the members of the Board shall be elected for terms of four (4) years, or until their

Page 3665

successors are duly elected and qualified. All such elections, subsequent to the election held on the first Tuesday in December, 1970, shall be held on Tuesday next following the first Monday in November in the year next preceding the expiration of the term, and said Board members shall serve and hold office for a term of four (4) years from the first Monday in January of the year they assume office. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Pursuant to Article III, section 7, Paragraph 15, of the Constitution of Georgia of 1945, notice is hereby given that during the 1971 session of the Georgia General Assembly, a bill will be introduced to amend Georgia Laws 1918, Act No. 522, section 84, and Ga. L. 1966, Act No. 255, section 1 (section 145 of the Charter of the City of Rome) to provide that runoff elections for the city Board of Education be governed by the Georgia Municipal Election Code; to provide that the elections for City Board of Education be held on the Tuesday next following the first Monday in November in the year next preceding the expiration of the term; to repeal conflicting provisions; and for other purposes. Sam W. Doss, Jr. Senator, 52nd District Sidney Lowrey Representative, 9th District, Post 1 John Adams Representative, 9th District, Post 2 E. B. Toles Representative, 9th District, Post 3 Georgia, Fulton County. Personally appeared before me, the undersigned authority,

Page 3666

duly authorized to administer oaths, John Adams 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 21, 28 and February 4, 1971. /s/ John Adams Representative, 9th District Sworn to and subscribed before me, this 4th day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. BACON COUNTYCITY OF ALMA JOINT PLANNING COMMISSION CHANGED. No. 672 (House Bill No. 1026). An Act to amend an Act establishing the Bacon County-City of Alma Joint Planning Commission, approved April 18, 1967 (Ga. L. 1967, p. 3259), so as to change the composition of the planning commission; to make the Mayor of Alma and the chairman of the Board of Commissioners ex-officio members of the Commission; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing the Bacon County-City of Alma Joint Planning Commission, approved April 18, 1967 (Ga. L. 1967, p. 3259), is hereby amended by striking section

Page 3667

1 in its entirety and substituting in lieu thereof a new section 1 to read as follows: Section 1. The Board of County Commissioners of the County of Bacon (hereinafter referred to as the board of commissioners) and the Mayor and Council of the City of Alma, Georgia, (hereinafter referred to as the mayor and council) be authorized to create a joint city-county planning commission (hereinafter referred to as the commission) of eight members, as follows: (1) One member of the City Council of Alma, appointed by the mayor and confirmed by City Council of Alma. (2) Three other citizens of City of Alma, appointed by the mayor and confirmed by city council. (3) Four residents of Bacon County, residing either in or outside the corporate limits of Alma, to be appointed by chairman and confirmed by Board of Commissioners of Bacon County. Terms of appointive members shall be four years or thereafter until their successors are appointed, except that the members first appointed shall have terms of one and three years for the county appointees and two and four years for the city appointees. Any vacancy in an appointive membership shall be filled within a reasonable time in the same manner as the initial appointment, but only for the unexpired term. The appointing officers or board or council shall have the authority to remove any appointive member for cause stated in writing and after public hearing. The Mayor of Alma and the chairman of the Board of Commissioners of Bacon County shall be ex-officio members of the planning commission. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3668

Notice of Intention to Apply for Passage of a Local Bill. Notice is hereby given that I shall introduce a bill in the 1971 Session of the General Assembly concerning the membership of the Bacon County-City of Alma Joint Planning Commission. /s/ Bobby Wheeler Representative from Bacon County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Wheeler who, on oath, deposes and says that he is Representative from the 57th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Alma Times which is the official organ of Bacon County, on the following dates: February 11, 18 and 25, 1971. /s/ Bobby Wheeler Representative, 57th District Sworn to and subscribed before me, this 4th day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. GWINNETT COUNTY AIRPORT AUTHORITY ACT. No. 673 (House Bill No. 1042). An Act to create and establish an Airport Authority for

Page 3669

Gwinnett County, 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 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 Gwinnett County 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, approved March 31, 1937 (Ga. L. 1937, p. 761), as now or hereafter amended; to authorize the Authority to exercise the power of condemnation; to provide for all matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3670

Section 1. Short Title . This Act may be cited as the Gwinnett County Airport Authority Act. Section 2. Gwinnett County Airport Authority . There is hereby created a body corporate and politic to be known as the Gwinnett County 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 committed by any of the officers, agents and employees of the Authority. The Authority shall have perpetual existence. Section 3. Membership . The Gwinnett County Airport Authority shall be composed of five members, who shall be appointed by the governing authority of Gwinnett County, as hereinafter provided. The Chairman of the Board of Commissioners of Gwinnett County shall be an ex officio member 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. Post 1 through 4 shall be from each of the 4 commission districts with Post No. 5 at large. 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 Gwinnett County 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 appointments and shall serve for a term of four 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

Page 3671

first regular meeting of each year thereafter shall be in July. 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 July 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 June 30th of the year following 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 receive no compensation for their services. They shall be reimbursed, however, 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 in the same manner in which the member vacating his membership was appointed to membership, 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 Gwinnett County 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,

Page 3672

deemed by the Authority to be necessary, convenient or desirable. (c) The term cost of 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, the cost of engineering, architectural, fiscal and legal expenses, and the cost 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, and 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 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, approved March 31, 1937 (Ga. L. 1937, p. 761), as now or hereafter 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 the following powers:

Page 3673

(a) To have a seal and alter the same at 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, 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 contracts with respect to the use of, or disposition of, the same in any manner it deems to be the best advantage 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 compensation; (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 and 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,

Page 3674

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, instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the United States of America or such agency, instrumentality or other source may impose; (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, instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the State of Georgia or such agency, instrumentality or political subdivision or any other source may impose; (i) To borrow money for any of its corporate purposes, 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 powers usually possessed by private corporations performing similar functions, which are 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 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 the Authority and usable in the furtherance of the purpose for which the Authority was

Page 3675

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 succeeded, or which may in the future succeed, to the powers, duties and liabilities vested in the Authority created hereby, shall have the power, and is hereby authorized, to provide by resolution for the issuance of 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 as may be authorized by the Authority, 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, approved March 31, 1937 (Ga. L. 1937, p. 761), as now or hereafter amended. 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 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 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. The Authority may

Page 3676

make provisions for the registration of any coupon bond, as to principal alone, or 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. Any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary-Treasurer of the Authority. Any bond may be signed, sealed and attested on behalf of the Authority by such persons as shall be duly authorized or hold the proper office, at the actual time of the execution of such bonds, although such persons may not have been so authorized or shall not have held such office on the date of delivery and payment of such bonds. 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 instruments 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

Page 3677

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. 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 regular, special, or adjourned meeting of the Authority by a majority vote of the quorum as provided in this Act. Section 17. Credit not Pledged . Revenue bonds issued under the provisions of this Act shall not be deemed to constitute

Page 3678

a debt of Gwinnett County. Such bonds shall be payable solely from the fund hereinafter provided for, and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate said county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment of such bonds. All such bonds shall contain recitals on their face substantially covering 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 pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the sale 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

Page 3679

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 expense 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 the trust indenture, provide for the payment of the prcceeds 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 Funds . The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued, and any monies derived from the sale of any properties, both real and personal, of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. 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. 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

Page 3680

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. 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 issuance 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.

Page 3681

Section 23. Validation . Bonds of the Authority shall be confirmed and validated in accordance with the procedures of the Revenue Bond Law. The petition for validation shall also make 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, a party-defendant to such action. 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 of the United States Government if a party to the validation proceedings, contracting with the Gwinnett County 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 Court of Gwinnett 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 adversely affect the interest and rights of the holders of such bonds, and no other entity, department, agency or authority shall be created which will compete with the Authority to such an extent as to adversely affect the interest and rights of the holders

Page 3682

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 State, 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 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 fields for the use of aircraft, including 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 to be 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, 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 of 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

Page 3683

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 and of Gwinnett County, 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 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 in 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 becoming law without his approval.

Page 3684

Section 36. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Legislation. Notice is hereby given that there will be introduced at the January, 1971 Session of the General Assembly of Georgia, a bill creating the Gwinnett County Airport Authority; conferring powers and imposing duties on said authority; to provide procedure connected therewith; and for other purposes. This 20th day of January, 1971. /s/ Homer M. Stark Attorney for Gwinnett County Georgia, Gwinnett County. Before me, the undersigned, a Notary Public, this day personally came Robert D. Fowler, who, being first duly sworn, according to law, says that he is the Publisher of the Gwinnett Daily News, the official newspaper in which the Sheriff's advertisements in and for said County are published and a newspaper of general circulation, with its principal place of business in said County, and that the attached notice was published in said newspaper for three insertions (January 22, 29, and February 5, 1971). /s/ Robert Fowler Subscribed and sworn to before me, this 3rd day of March, 1971. /s/ Janice L. Bullock (Seal). Approved April 10, 1971.

Page 3685

POWERS OF TAX COMMISSIONERS IN CERTAIN COUNTIESACT AMENDED SHOWING POPULATION CHANGES (7,317 - 7,597). No. 674 (House Bill No. 1046). An Act to amend an Act vesting in the tax commissioners of certain counties all the powers and duties of sheriffs relative to the collection of all tax fi. fas. issued by such tax commissioner, approved March 10, 1964 (Ga. L. 1964, p. 2731), so as to change the counties to which said Act applies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act vesting in the tax commissioners of certain counties all the powers and duties of sheriffs relative to the collection of all tax fi fas. issued by such tax commissioner, approved March 10, 1964 (Ga. L. 1964, p. 2731), is hereby amended by striking from section 1 the following: having a population of not less than six thousand three hundred five (6,305), and not more than six thousand four hundred fifty (6,450), according to the census of the United States of America, for the year 1960, and by inserting in lieu thereof the following: having a population of not less than seven thousand three hundred seventeen (7,317), and not more than seven thousand five hundred ninety-seven (7,597), according to the census of the United States of America, for the year 1970,. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1971.

Page 3686

CITY OF ZEBULONCHARTER AMENDEDREFERENDUM. No. 675 (House Bill No. 1051). An Act to amend an Act creating a new Charter for the City of Zebulon, approved March 28, 1961 (Ga. L. 1961, p. 2704), as amended, so as to increase the terms of office of the Councilmen; to provide for the procedures connected therewith; 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 Zebulon, approved March 28, 1961 (Ga. L. 1961, p. 2704) as amended, is hereby amended by striking in its entirety section 6.1 and substituting in lieu thereof a new section 6.1 to read as follows: Section 6.1. Councilmen: Qualifications, Terms of Office. The qualifications for the office of Councilmen shall be the same as those prescribed for the office of Mayor. The term of office of Councilman shall be four (4) years. Section 2 . Said act is further amended by inserting therein a new section, to be known as section 6.2, to read as follows: Section 6.2. For the purpose of electing Councilmen, positions on the Council of the City of Zebulon shall be numbered as Post 1 through 4 as follows: That position presently occupied by Ronald Copeland shall be Post No. 1. That position presently occupied by W. W. Quigley shall be Post No. 2. That position presently occupied by Jamie T. Presley shall be Post No. 3.

Page 3687

That position presently occupied by James H. Storey shall be Post No. 4. After the effective date of this Act, as herein provided, candidates seeking election to the office of Councilman for the City of Zebulon, shall designate the Post for which said candidate seeks to be elected. It is further provided, in order that the terms will be staggered, that in the election held on the first Saturday in December, 1971, the candidate elected to Post No. 1 shall serve for a term of one (1) year, and the candidate elected to Post No. 2 shall serve for a term of two (2) years; and it is further provided that in the election held on the first Saturday in December, 1972, the candidate elected to Post No. 3 shall serve for a term of two (2) years and the Candidate elected to Post No. 4 shall serve for a term of three (3) years. Section 3 . Not less than thirty (30) days nor more than forty-five (45) days after the approval of this Act by the Governor, or when it otherwise becomes law, it shall be the duty of the present Mayor and Council of the City of Zebulon to issue the call for an election for the purpose of submitting this Act to the voters of the City of Zebulon for approval or rejection. The date of the election shall be set for a day not less than thirty (30) nor more than forty-five (45) days after the issuance of the call. The City Clerk 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 Pike County. The ballot shall have written or printed thereon the words: For approval of the Act increasing the terms of office of the Councilmen of the City of Zebulon. Referendum. Against approval of the Act increasing the terms of office of the Councilmen of the City of Zebulon. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection shall vote against approval. If a majority of the votes cast on such question are for approval of the Act,

Page 3688

it shall become of full force and effect as hereinafter provided. If a majority of the votes cast on such question are against approval of this Act, it shall be void and of no force and effect. The expense of such election shall be borne by the City of Zebulon. It shall be the duty of the Mayor and Council of said City to hold and conduct such election. They shall hold such election under the same rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the Mayor and Council to canvass the returns and declare and certify the result thereof to the Secretary of State, and should the vote be for approval this Act shall become effective the date the same is so certified to the Secretary of State. Section 4 . All laws and parts of laws in conflict herewith are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular January 1971 Session of the General Assembly of Georgia a bill to amend the charter of the City of Zebulon so as to change the terms of office for councilmen, provide for referendum thereon, and for other purposes. This 26th day of January, 1971. /s/ Marvin Adams Representative, 39th District Georgia, Pike County. Before me, the undersigned attesting officer, personally appeared Mrs. A. W. Quattlebaum, who being duly sworn on oath says that The Pike County Journal is a newspaper having a general circulation in said county, published weekly therein; that it is the official organ of Pike County, Georgia, and that she is the publisher thereof. She further swears that the clippings attached below is from an advertisement which was run in said paper in issues of the following

Page 3689

dates: January 28, 1971, February 4, 1971, and February 11, 1971. /s/ Mrs. A. W. Quattlebaum Sworn to and subscribed before me, this 5th day of March, 1971. /s/ Richard Bridges Notary Public My commission Expires May 8, 1974. (Seal). Approved April 10, 1971. CERTAIN STATE CHARTERED BANKS IN PIKE COUNTY MAY SERVE AS COUNTY DEPOSITORY. No. 676 (House Bill No. 1052). An Act to amend an Act abolishing the office of County Treasurer of Pike County and providing for the designation of county depositories, approved August 13, 1915, (Ga. L. 1915, p. 328) so as to provide that any state-chartered bank having its principal place of business located in Pike County may serve as the county depository; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act abolishing the office of County Treasurer of Pike County and providing for the designation of County depository approved August 13, 1915 (Ga. L. 1915, p. 328), is hereby amended by striking from said Act section 2 thereof and substituting in lieu thereof, the following: Section 2. Power and authority is hereby vested in the Board of Commissioners of Roads and Revenues of said county, from time to time, to designate and appoint the

Page 3690

Clerk of said Board or some banking corporation having its principal place of business located within said County to act as ex-officio Treasurer of said County, such appointment to be made from time to time for such period of service and under such conditions, general or special, as may be fixed by said Board by appropriate resolution. Section 2 . Said Act is further amended by striking from said Act section 3 thereof and substituting in lieu thereof the following: Section 3. It shall be the duty of said ex-officio Treasurer if other than a banking corporation, to place and keep on deposit all funds of said County in the bank or banks which have been designated by said Board as the depository or depositories of said County, and it shall be the duty of said Board to designate said bank depository or depositories by annual rotation method or otherwise, in accordance with what said Board deems to be for the best interests of the County, but in such a manner as will give to each of the chartered banks within Pike County an equal opportunity to be or become the depository of said County; provided however, the said Board is authorized in any event to continue as the depository of said County the depository now designated for the balance of the term of such designation. Section 3 . Said Act is further amended by striking from said section 4 thereof and substituting in lieu thereof the following: Section 4. In the event said Board shall continue or at any time hereafter determine to designate and appoint a banking corporation to act as ex-officio Treasurer of said County, such bank shall act and serve in the manner provided by this Act, and shall be designated and appointed from the chartered banks having a principal office and place of business located within said County in the manner and by the method provided in section 3 above, as determined by said Board from time to time. Said Board shall fix the amount and terms and conditions of the bond to be required by a banking corporation as depository and/or ex-officio Treasurer, which bond may be different in

Page 3691

amount and type of surety required from the bond to be required of the ex-officio Treasurer if an individual; provided however, that a banking corporation if designated as ex-officio Treasurer shall, upon its acceptance of said appointment be vested with and have imposed upon it all of the powers, duties, authority and responsibility of Treasurer as defined and imposed by the laws of Georgia as in such cases made and provided. Section 4 . Said Act is further amended by striking from section 5 the words depository and substituting in lieu thereof the words depository or depositories, so that when so amended, section 5 shall read as follows: Section 5. Be it further enacted by the authority aforesaid, that it shall be the duty of said depository or depositories to turn over to the said Board of Commissioners all books, vouchers and all papers and all money belonging to said County to said Board of Commissioners at the end of each term and the same shall become a part of the record in the Office of said Commissioners. And said Commissioners shall have the same power and authority to issue execution against said depository or depositories, as is provided in Section 585 of the Code of Georgia, 1910, Volume 1. That the books of said depository or depositories shall at all times be open for the inspection of said County Commissioners and the Grand Jury of said County, and that said depository or depositories shall from time to time make such report to the Board of Commissioners showing the financial standing of said County as may be required by the said Board. 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 January 1971 Session of the General Assembly of Georgia a bill to amend an act of the General Assembly, approved August 13, 1915, found in Ga. L. 1915, published by authority at pages 328-331 inclusive, to provide for the

Page 3692

manner of selecting a depository or depositories for Pike County, and to provide for other matters germane thereto including the defining of defective date of the repeal of conflicting laws. This 26th day of January 1971. /s/ Marvin Adams Representative, 39th District Georgia, Pike County. Before me, the undersigned attesting officer, personally appeared Mrs. A. W. Quattlebaum, who being duly sworn on oath says that The Pike County Journal is a newspaper having a general circulation in said county, published weekly therein; that it is the official organ of Pike County, Georgia, and that she is the publisher thereof. She further swears that the clipping attached below is from an advertisement which was run in said paper in issues of the following dates: January 28, 1971, February 4, 1971, and February 11, 1971. /s/ Mrs. A. W. Quattlebaum Sworn to and subscribed before me, this 5th day of March, 1971. /s/ Richard Bridges Notary Public My Commission Expires May 8, 1974. (Seal). Approved April 10, 1971. PIKE COUNTY SMALL CLAIMS COURT CREATED. No. 677 (House Bill No. 1053). An Act creating and establishing a Small Claims Court in Pike County, Georgia, to prescribe the jurisdiction of said

Page 3693

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 judges of such Small Claims Court; to provide that the judges 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 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 services 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 provide that service may be perfected by registered or certified mail; to prescribe the costs of court; to provide for the furnishing of certain law books to said court; to provide for contempts of said court and the penalty therefor; 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: Section 1 . There is hereby created and established in Pike County in this State a court known as a Small Claims Court, which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exced $1,500.00, 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 herein specifically granted, all the powers granted to justices of the peace by laws of the State of Georgia. Created. Jurisdiction. Section 2 . Any person appointed as a judge of any Small Claims Court created pursuant to the provisions of this Act must be a resident of the county in which such court is created, and must be at least twenty-two (22) years of age. Judge.

Page 3694

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 in which such court is located. 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 the 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. Section 5 . All fees collected by the judge as herein authorized, shall be retained by him as his sole remuneration. The judge shall be authorized to charge the fee or fees prescribed for justices of the peace by the laws of the State of Georgia in any action or proceeding when no fee is otherwise prescribed. Fees. Section 6 . Actions shall be commenced by the filing of a statement or claim, including the last known 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. 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.

Page 3695

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 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 U. S. postal 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 affidavit, showing the time and place of such service on the defendant. (d) When served as provided, the actual cost of service shall be taxable as costs. The cost of service shall be advanced by the party demanded 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

Page 3696

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 five dollars ($5.00), 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, 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 illegally 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 summonsing 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 cost in said proceeding.

Page 3697

Section 9 . (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 differences without a trial, he shall proceed with the hearing on the merits. Trial. (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 of the judgment until it is finally and completely satisfied. Partial payment of judgments. Section 12 . The judge of such Small Claims Court shall

Page 3698

not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so request, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Section 13 . 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. Rules. Section 14 . The judge of such 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 ruled for failure of duty or malfeasance in office as are other lawful constables of this State. 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 defendant having three

Page 3699

strikes each. The judge or clerk shall have the power to subpoena jurymen and witnesses. Jury trials. Section 16 . Judgments of Small Claims 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. Judgment liens. Section 17 . Appeals may be had from the judgments returned in a 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. Appeals. Section 18 . 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. Statement of Claim.

Page 3700

Notice

Page 3701

Section 19 . All Acts performed by the judge or clerk and all proceedings had before the Small Claims Court of Pike County, Georgia are hereby validated. Section 20 . Immediately after this Act is approved by the Governor or its otherwise becoming law, the judge of the superior court of the judicial circuit in which a county authorized by this Act to have a Small Claims Court is located, shall appoint a duly qualified person to be judge of any such Small Claims Court to serve from the date of such appointment to the Third Monday in April, 1971. Thereafter the grand jury in session immediately prior to the Fourth Monday in April, 1971 in any such county wherein a Small Claims Court has been established and created shall appoint a duly qualified person as judge of said Small Claims Court to serve for a period of four (4) years ending on the Fourth Monday in April, 1975, and until his successor is appointed and qualified. Successors to such judges shall be appointed for a like term of four (4) years ending on the Fourth Monday in April and until their successors are appointed and qualified by the grand jurors of such county in session immediately prior to the expiration of said term. Each judge appointed to any Small Claims Court created and established pursuant to the provisions of this Act shall be exempt from jury duty in the superior court or any other

Page 3702

court existing or that may be created or established in the county where any such Small Claims Court is located. Appointment of judge. Terms. Section 21 . All forms, docket books, file jackets, filing cabinets and the like, required by this Act shall be furnished by the county commissioners. Section 22 . The State Librarian is hereby authorized and directed to furnish the Small Claims Courts established hereby, without cost to the court or the county, an up-to-date annotated Code of Georgia and continuing supplements thereto, and all volumes of Georgia Laws, beginning with the laws of 1971 and if for any reason the State Librarian cannot furnish such books, the Governor is hereby authorized to draw his warrant on the State Treasury for the amount required to purchase them, from any funds available. Books. Section 23 . Such 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. Section 24 . 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

Page 3703

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. Section 25 . The judge of a 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. Section 26 . 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 percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of three ($3.00) dollars. Bailiff's fee. Section 27 . In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall be 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

Page 3704

parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 28 . 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 1971 Session of the General Assembly of Georgia a bill to create a Small Claims Court for Pike County, Georgia, and for other purposes. This 26th day of January, 1971. Marvin Adams Representative, 39th District Be it resolved that the undersigned Commissioners of Roads and Revenues of Pike County, Georgia, do hereby unanimously adopt the within proposed Act creating and establishing a Small Claims Court in and for Pike County, Georgia, and do further request that our Representative introduce the same in the General Assembly, State of Georgia. I, the undersigned Clerk of Commissioners of Roads and Revenues of Pike County, Georgia, do hereby certify that the above and foregoing resolution was duly passed and adopted by the Commissioners of Roads and Revenues of Pike County, Georgia, at the regular meeting thereof on the 9th day of December, 1970 and said resolution is now in full force and effect and has not been modified or rescinded in any way. /s/ Annie Rea Rawlins Clerk (Seal). To Whom It May Concern: I, the undersigned, hereby solemnly swear that the attached

Page 3705

legal advertisement Notice of Intention to Introduce Local Legislation has been published in three consecutive issues of The Pike County Journal, the newspaper published at Zebulon, Georgia, Pike County, which is the official organ of Pike County, in issues of January 28, February 4, and February 11, 1971. /s/ Mrs. A. W. Quattlebaum Publisher Sworn to and subscribed before me, this 5th day of March, 1971. /s/ Richard T. Bridges, Notary Public. My Commission Expires May 8, 1971. (Seal). Approved April 10, 1971. TOWN OF PRESTONCORPORATE LIMITS REDEFINEDREFERENDUM. No. 678 (House Bill No. 1055). An Act to amend an Act incorporating the Town of Preston in Webster County, approved December 17, 1901 (Ga. L. 1901, p. 613), as amended, particularly by an Act approved August 9, 1915 (Ga. L. 1915, Ex. Sess., p. 777), so as to redefine the corporate limits of said Town; to provide for a referendum under certain circumstances; 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 Preston in Webster County, approved December 17, 1901 (Ga. L. 1901, p. 613), as amended, particularly by an Act approved August 9, 1915 (Ga. L. 1915, Ex. Sess., p. 777), is hereby

Page 3706

amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. Be it further enacted that the corporate limits of said Town shall contain all those lands lying and being in Land Lots 180, 181, 182, 203, 204, 205, 212, 213, 214, 215, 234, 235, 236 and 237 of the 25th Land District of Webster County, Georgia. Section 2 . In the event 5% of the qualified voters of Webster County residing within the corporate limits of the Town of Preston, as redefined by section 1 of this Act, petition the Ordinary of Webster County to hold a referendum election on the question of the approval or rejection of this Act, it shall be the duty of said Ordinary to issue the call for an election for the purpose of submitting this Act to the voters of Webster County residing within said redefined corporate limits for approval or rejection; provided, however, if said petition containing the signatures of said 5% of said qualified voters is not presented to the Ordinary within 30 days after the approval of this Act by the Governor or after it otherwise becomes law without his approval, then this Act shall become of full force and effect without the necessity of a referendum election. In the event the referendum election is held as provided herein, the Ordinary shall set the date of such election for a day not less than 30 days 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 Webster County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act redefining the corporate limits of the Town of Preston be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall

Page 3707

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 Webster 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 1971 Session of the General Assembly of Georgia, a bill to change the corporate limits of the Town of Preston, Georgia; and for other purposes. This 19th Day of January, 1971. J. Lucius Black Representative, 45th District Post No. 1 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 Webster County, on the following dates: January 28, February 4 and 11, 1971. /s/ J. Lucius Black Representative, 45th District

Page 3708

Sworn to and subscribed before me, this 5th day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. CITY OF ROCKMARTCHARTER AMENDEDREFERENDUM. No. 679 (House Bill No. 1061). An Act to amend an Act creating a new charter for the City of Rockmart in the County of Polk, approved April 8, 1968 (Ga. L. 1968, p. 3224), so as to provide that city taxes shall become due and payable in two equal installments each year; to provide that city taxes unpaid on December 20 of each year shall bear interest at the rate of seven percent (7%) per annum and execution shall issue therefor; 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 Rockmart in the County of Polk, approved April 8, 1968 (Ga. L. 1968, p. 3224), is hereby amended by striking section 4.10 in its entirety and inserting in lieu thereof a new section 4.10, to read as follows: 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 on or before April 1 of each year. Taxes shall become due in two equal installments, one-half of the taxes shall be due and payable on July 1 of each

Page 3709

year and shall become delinquent if not paid by August 20 of each year, the remaining one-half of such taxes shall be due and payable on November 1 of each year and shall become delinquent if not paid by 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 free-holders 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 2 . Said Act is further amended by striking section 4.12 in its entirety and inserting in lieu thereof a new section 4.12, to read as follows: Section 4.12. Tax dues dates and tax bills. The due dates of property taxes shall be July 1 and November 1 of each year. The city shall send tax bills to taxpayers for both dates, 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 due in two equal installments, one-half of the taxes shall be due and payable on July 1 of each year and shall become delinquent if not paid by August 20 of each year, the remaining one-half of such taxes shall be due and payable on November 1 of each year and shall become delinquent if not paid by December 20 of each year. A penalty of ten percent (10%) of the taxes due in addition to a fi.fa. charge shall be added and thereafter such taxes shall be subject to interest at the rate of seven percent (7%) per annum from the due date until paid. On and after the date when such taxes

Page 3710

become delinquent, the tax records of the city shall have the force and effect of a judgment of a court of record. Section 3 . It shall be the duty of the Mayor and Council of the City of Rockmart to issue the call for an election for the purpose of submitting this Act to the voters of said city for approval or rejection, after the date of approval of this Act by the Governor, or after it otherwise becomes law. The Mayor and Council shall set the date of such election for the same day as the general city election to be conducted during the calendar year 1971. The Mayor and Council 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 Polk County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act providing that city taxes shall become due and payable in two equal installments each year be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Rockmart. It shall be the duty of the Mayor and Council 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 Mayor and Council 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. Section 4 . The provisions of this Act, if approved by the voters of the City of Rockmart as provided in Section 3 hereof, shall become effective for all taxable years beginning on and after January 1, 1972. Effective date.

Page 3711

Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Introduce Local Legislation. Notice is hereby given that a bill will be introduced in the General Assembly of Georgia, 1971, for the purpose of amending the charter of the City of Rockmart to provide for collection and payment of ad valorem Taxes twice a year in lieu of once per year. This 19th day of January, 1971. /s/ Nathan Dean Representative, Polk County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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: January 21, 28 and February 4, 1971. /s/ Nathan Dean Representative, 19th District Sworn to and subscribed before me, this 5th day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971.

Page 3712

POLK COUNTYWATER AUTHORITY ACT AMENDED. No. 680 (House Bill No. 1062). An Act to amend an Act creating the Polk County Water Authority, approved April 14, 1967 (Ga. L. 1967, p. 3108), so as to change the residence requirements necessary for membership; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Polk County Water Authority Act, approved April 14, 1967 (Ga. L. 1967, p. 3108) is hereby amended, by striking section 2 thereof in its entirety, and substituting in lieu thereof, a new section 2, to read as follows: Section 2. Polk County Water Authority. There is hereby created a body corporate and politic, to be known as the Polk County Water 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, at the time of appointment, be users of the facilities of the Authority and shall reside outside the corporate limits of any municipality, except that any person living within the corporate limits of a municipality served by the Authority shall be eligible for appointment. The provision as to being a user shall not apply to the members of the Authority initially appointed. The initial members of the Authority shall be appointed by the first Grand Jury empaneled by the Superior Court of Polk County, Georgia, after the creation of this Authority. The members appointed shall serve for periods of one, two, three, four, and five years respectively, so that one member of the Authority will cease to be a member each year as of the empaneling of the Grand Jury for the same term as when the initial appointments are made. No member shall be eligible for reappointment for a period of two years from the expiration

Page 3713

date of his previous term. Notwithstanding any other provisions herein, all members of the Authority shall serve until their successors are appointed and qualified. Immediately after their appointment, the members of the Authority shall 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 appointed 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 appoint a person meeting the qualifications above set out for membership to serve until the empaneling of the next Grand Jury authorized to make appointments, when such vacancy shall be filled by appointment by the Grand Jury. 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 not be entitled to vote upon any issue, motion, or resolution, except in the case of a tie vote of the other members voting on said motion, resolution, or question. 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. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3714

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1971 Session of the General Assembly of Georgia, a Bill to amend an Act creating the Polk County Water Authority, approved April 14, 1967 (Ga. L. 1967, p. 3108), so as to change the residence requirements for appointment as a member of said Authority; and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 4, 11 and 18, 1971. Nathan Dean Representative 19th District Sworn to and subscribed before me, this 5th day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. CITY OF BUCHANANCHARTER AMENDED. No. 681 (House Bill No. 1063). An Act to amend an Act incorporating the City of Buchanan, approved August 17, 1908 (Ga. L. 1908, p. 468), as amended, particularly by an Act approved February 19, 1951 (Ga. L. 1951, p. 2516), so as to change the provisions

Page 3715

relating to the election of 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 the City of Buchanan, approved August 17, 1908 (Ga. L. 1908, p. 468), as amended, particularly by an Act approved February 19, 1951 (Ga. L. 1951, p. 2516), 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 municipal government of said City shall be vested in a Mayor and four Councilmen, who shall constitute the City Council. For the purpose of conducting elections for Mayor and for members of the Council there are hereby four posts, to be numbered Post No. 1, Post No. 2, Post No. 3 and Post No. 4. At the municipal election to be held on the first Saturday in December, 1971, there shall be elected a Mayor and four Councilmen. The Mayor and the Councilmen elected to Post No. 2 and Post No. 4 shall serve for an initial term of office of two years and until their respective successors are duly elected and qualified. The Councilmen elected to Post No. 1 and Post No. 3 shall be elected for an initial term of office of one year and until their respective successors are duly elected and qualified. Thereafter the term of office for the Mayor and all members of the Council shall be for two years and until their respective successors are duly elected and qualified. Any person qualifying for election to membership on the Council shall specify, at the time he qualifies, the post for which he seeks election and shall seek election only to the post so specified. The Mayor and Councilmen shall take office on the first day of January immediately succeeding their election. Section 2 . Said Act is further amended by inserting between sections 4 and 5, a new section, to be numbered section 4A, to read as follows: Section 4A. On the first Saturday in December, 1972, and on such day annually thereafter, two Councilmen shall

Page 3716

be elected for two year terms. The Mayor shall be elected on the first Saturday in December, 1971, and on such day every two years thereafter, to serve for a two year term. 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 offered at the 1971 session of the General Assembly of Georgia to amend the Charter of the City of Buchanan, Georgia to provide that at the next election for Mayor and Council of the City of Buchanan, Georgia and officers of said municipality shall be elected for staggered terms, to provide for elections annually to elect a portion of the members of the City council each election year, to provide the procedure for staggering terms of Councilmen, and to implement said legislation and for other purposes. This 8th day of February, 1971. Mrs. Evelyn Wade, Mayor, City of Buchanan, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 11, 18 and 25, 1971. /s/ Thomas B. Murphy Representative, 19th District

Page 3717

Sworn to and subscribed before me, this 6th day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. CITY OF BRUNSWICKCORPORATE LIMITS REDEFINED. No. 682 (House Bill No. 1065). An Act to amend an Act amending the Charter of the City of Brunswick by redefining the corporate limits of said City, approved April 11, 1968 (Ga. L. 1968, p. 3670), so as to further define 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 the Charter of the City of Brunswick by redefining the corporate limits of said City, approved April 11, 1968 (Ga. L. 1968, p. 3670), is hereby amended by inserting between sections 1 and 2 a new section to be numbered section 1A and to read as follows: Section 1A. The corporate limits of the City of Brunswick shall also include the following described tracts: TRACT NO. 1 All that certain lot, tract or parcel of land situate, lying and being in Glynn County, Georgia, identified and described as follows: To locate the beginning point of the property now described, commence at the point of intersection of the West

Page 3718

line of U. S. Highway Number 17 with the North line of Redwood Street in the City of Brunswick and run thence South 81 30[UNK] East across said U. S. Highway Number 17 a distance of 100 feet to a stake on the East line of said U. S. Highway Number 17, said stake marking the point of beginning of the property now described and now incorporated within the corporate limits of the City of Brunswick; and from said point of beginning run thence South 81 30[UNK] East a distance of 675.97 feet to a concrete monument; thence run North 19 27[UNK] East a distance of 530.3 feet to a point; thence run North 81 30[UNK] West a distance of 590.77 feet to a stake located on the East line of U. S. Highway Number 17; thence run South 19 27[UNK] West along the East line of U. S. Highway Number 17 a distance of 428.77 feet to a point; thence run South 9 02[UNK] West continuing along said East line of U. S. Highway Number 17 for a distance of 100.7 feet to the point or place of beginning. TRACT NO. 2 All that certain lot, tract or parcel of land situate, lying and being in Glynn County, Georgia, identified and described as follows: Beginning at a stake marking the point of intersection of the West line of U. S. Highway No. 17 (North) with the North line of Redwood Street in the City of Brunswick, and from said beginning point run thence South 81 30[UNK] East across said U. S. Highway No. 17 a distance of 100 feet to a stake on the East line of said U. S. Highway No. 17; thence North 9 02[UNK] East along said East line of U. S. Highway No. 17 for a distance of 100.7 feet to a stake; thence continuing along said East line of U. S. Highway No. 17 on a course of North 19 27[UNK] East a distance of 414.50 feet to a point; thence run South 81 30[UNK] East for a distance of 285.30 feet to a concrete monument; thence run North 19 27[UNK] East a distance of 160.80 feet to a concrete monument; thence run North 70 25[UNK] West a distance of 380 feet (across U. S. Highway No. 17) to a point on the West line of said U. S. Highway No. 17; thence run Southerly along said West line of U. S. Highway 17 to the point of beginning; the property

Page 3719

herein described being that property owned by Humble Oil Company and a portion of U. S. Highway No. 17. 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, 1971 session of the General Assembly of Georgia, a bill entitled: An Act to Amend the Charter of the City of Brunswick in the County of Glynn, to extend the corporate limits of said city; defining the boundaries of said City of Brunswick; to introduce legislation to provide for and create a Board of Tax Appeals. This 22nd day of January, 1971. The Commission of the City of Brunswick Harriett S. Jennings, Secretary of Said City Commission Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lowell E. Gene Leggett 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: February 19, 26 and March 5, 1971. /s/ Lowell E. Gene Leggett Representative, 67th District

Page 3720

Sworn to and subscribed before me, this 6th day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. CITY OF BRUNSWICKBOARD OF TAX APPEALS CREATED. No. 683 (House Bill No. 1066). An Act to amend the Charter of the City of Brunswick in the County of Glynn, so as to provide for a Board of Tax Appeals; to provide for the powers, duties and responsibilities of said board; to provide the procedures connected therewith; 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 for the City of Brunswick a Board of Tax Appeals. Creation. Section 2 . The Board of Tax Appeals shall be composed of five freeholders appointed by the City Commission. A quorum shall consist of any three members. Members. Section 3. Terms of Members . The members of the Board of Tax Appeals shall be elected for terms of six years, except that all vacancies occurring by death, resignation or removal shall be for the unexpired term. Section 4. Designation of Chairman . One of the members appointed to the Board of Tax Appeals shall be designated by the City Council as Chairman of the Board.

Page 3721

Section 5. Compensation of Members . The members of the Board of Tax Appeals shall be paid, through the Director of Finance, fifteen dollars each, per day, for their services for days consumed by them in the hearing of appeals. Section 6. Right of Appeal Generally . Except as provided by this law, no appeal shall be filed with the Board of Tax Appeals, until a petition for review shall have first been filed in writing with the Tax Assessor and acted upon by such Tax Assessor. The Tax Assessor shall notify the taxpayer in writing of its action and the taxpayer shall, if still dissatisfied, have the right to file an appeal in writing to the Board of Tax Appeals asking them to review and modify the action of the Tax Assessor, which appeal shall be filed within fifteen days from the time that such taxpayer has been notified of the action of the Tax Assessor. A notice forwarded by the Tax Assessor to the recorded address on the tax books of the City of the taxpayer, deposited in the mail, certified, with return receipt requested, shall be sufficient and the time shall be computed from the date of mailing. Section 7. Appeal to be in Writing and Signed; Contents of Appeal . An appeal to the Board of Tax Appeals shall be in writing and signed by the property owner or his agent or attorney, and shall not be required to contain any greater detail than an expression of the dissatisfaction of the property owner with the assessment placed upon the property and a brief description of the property assessed, and a statement that the appeal is made in good faith. Section 8. Appeal to be Accompanied by Fee . All appeals to the Board of Tax Appeals must be accompanied by a money order or certified check in the sum of five dollars, which money is to be returned in the event that the appeal is sustained, in whole or in part, and in such cases where the appeal is not sustained, but the board feels that the appeal was not made for the purpose of delay, but in good faith and that there was some merit in the appeal. Whenever the money deposited is not returned, it shall be forwarded by the Board of Tax Appeals to the Director of Finance.

Page 3722

Section 9. Hearing of Appeals Generally and Notice Thereof . The Board of Tax Appeals shall promptly hear and determine all appeals by property owners from the assessment and value placed on their property by the Tax Assessor, first giving to the appellant or his attorney ten days' notice of the time and place of hearing. Such notice shall be deemed sufficient if directed by certified mail, with return receipt requested, and sent by the United States mails to the last known address of the appellant or his attorney or if published once a week for two weeks in any newspaper published in the city. At the time and place specified in the notice, the Board of Tax Appeals shall hear, under oath, all the facts and evidence relating to the taxpayer's assessment and the value of the property assessed, and, after the hearing, shall order the assessment reduced, raised or approved, as the board may find to be just, fair and reasonable. Section 10. Frequency, Day and Time of Hearings . Hearings of the Board of Tax Appeals shall be held at least every 30 days during the first week of February, March, April and May of each year. The board shall fix the day and time of hearing within the prescribed time. Section 11. Rules, Regulations and Records . The Board of Tax Appeals shall have the authority and power to prescribe such rules and regulations as to the procedure to be followed in cases of appeal, and to keep such records, as in its judgment, may be necessary or proper. Section 12. Appeal when Assessment Changed 10 Days Prior to June 1st . Whenever the assessment on any real property within the corporate limits of the city is changed by the Tax Assessor within 10 days prior to June 1st, the taxpayer shall have the right of appeal within 10 days from the date of the change and notice of the new assessment, and the taxpayer shall not be prejudicial by the June 1st deadline for assessment, the same being the last date that the tax assessor may change assessments. Section 13 . The taxpayer or the City of Brunswick shall

Page 3723

have the right to appeal to the Board of Tax Appeals in each year. Yearly appeals. Section 14 . The taxpayer or the City of Brunswick, if dissatisfied with the decision of the Board of Tax Appeals, shall have the right to appeal such decision to the Superior Court of Glynn County, Georgia, by the giving of notice in writing of appeal to the Clerk of the City Commission within fifteen days from the date of the decision of the Board of Tax Appeals together with a copy of the decision of said Board of Tax Appeals, and all records and documents arising out of the procedure in the Board of Tax Appeals, if any. The Secretary of the City Commission shall, within ten days, transmit said letter of notice of appeal together with all records or documents, if any, to the Clerk of Glynn Superior Court for hearing before the Judge thereof or a jury if requested in writing by either the taxpayer or the City of Brunswick. Such appeal shall be a de novo investigation. Appeal to Superior Court. Section 15. Pending Appeal . While and during the time the appeal is pending in the Superior Court of Glynn County, the existing assessment shall remain in force and effect and the taxpayer shall pay the tax as billed and on the date as now required by law. Upon final judgment by the Court, the taxpayer shall pay the tax in accordance with said judgment rendered. Should for any reason whatsoever the Superior Court Judge not render a final judgment prior to November 30th in the year of appeal, then and in such event the taxpayer will pay the amount of the tax on the assessment and in the amount as billed for that year; and in such event the appeal to the Superior Court shall continue in said Court until final judgment is made. Section 16 . 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, 1971 session of the General Assembly of Georgia, a bill entitled: An Act to Amend the Charter of the City of Brunswick in the County of Glynn, to extend the

Page 3724

corporate limits of said city; defining the boundaries of said City of Brunswick; to introduce legislation to provide for and create a Board of Tax Appeals. This 22nd day of January, 1971. The Commission of the City of Brunswick Harriett S. Jennings, Secretary of Said City Commission Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lowell E. Gene Leggett 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: February 19, 26 and March 5, 1971. /s/ Lowell E. Gene Leggett Representative, 67th District Sworn to and subscribed before me, this 6th day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971.

Page 3725

CITY OF TALBOTTONNEW CHARTER. No. 684 (House Bill No. 1068). An Act to repeal the present charter of the City of Talbotton; to provide a new charter for said city; to define its limits; to provide a mayor for same; to define his powers and duties; to provide a clerk, chief of police, night policeman and other necessary officers for said city; to define their powers and duties; to provide how the revenue of said city shall be raised; to enable said city to levy special license taxes; to provide for the valuation of property for tax purposes; to enable said city to issue bonds; to define the power and authority of said city as a municipality; to provide for the maintenance of streets and cemeteries; to provide water and lights for said city; to provide for the registration of voters in said city; to provide for election of officers; to regulate any and all businesses of any kind or nature within said city; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . All Acts of the General Assembly heretofore passed incorporating the City of Talbotton, and conferring powers on the same, are hereby consolidated into and superseded by this Act, and all provisions of former Acts inconsistent with or at variance with this Act or any provision hereof are hereby expressly repealed, and all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Section 2 . From and after the passage and approval of this Act, the inhabitants of the territory now embraced in the corporate limits of the City of Talbotton in the County of Talbot and State of Georgia, be, and they are, hereby incorporated under the name and style of the City of Talbotton, and the said City of Talbotton is hereby chartered and continued a city under the corporate name of the City of Talbotton, and by that name shall have perpetual succession, and is hereby invested with all the rights, powers

Page 3726

and privileges incident to municipal corporation in this State; and all rights, powers, titles, property, easements and hereditaments, within or without its corporate limits, now belonging to the City of Talbotton, shall be, and are, hereby vested in said City of Talbotton, as created and reincorporated by this Act; the said City of Talbotton as incorporated in this Act may in its corporate name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal; make and enact, through its mayor and council all such ordinances, by-laws, rules, regulations, and restrictions for the transaction of its business, and peace, good order, health, welfare, and proper government of said city as to said mayor and council seem best and consistent with the Constitution and laws of the State of Georgia and of the United States. And said City of Talbotton shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess, and retain in perpetuity, or for any term of years, any property, estate or estates, real or personal, lands, tenements and hereditaments of whatsoever kind within or without the limits of said city for corporate purposes. Said City of Talbotton as incorporated by this Act, shall succeed to all rights of and is hereby expressly made responsible as a body corporate, for all the legal debts, liabilities and undertakings of the said City of Talbotton, its mayor and council, as a body corporate, as heretofore, and in previous Acts incorporated. Incorporation. Section 3 . The corporate limits of said City of Talbotton shall extend one mile in every direction from the courthouse of Talbot County, Georgia, now situated in said city. Corporate limits. Section 4 . The municipal government of said City of Talbotton shall be, and is, hereby vested in a mayor and six councilmen. That the present mayor and the present aldermen of said town shall continue in the offices to which they were elected until the expiration of the term for which they were elected, and until their successors are elected and qualified, as the mayor and councilmen under this Act, and said mayor and aldermen shall have and exercise all the rights, powers, duties and authority conferred upon the mayor and councilmen under and by virtue of this new

Page 3727

charter for said City of Talbotton. The present six aldermen becoming the six councilmen provided for by this Act. Government. Section 5 . On the Tuesday after the first Monday in November, 1972, there shall be elected for said city, by the qualified voters therein, by ballot, a mayor and six councilmen. The six candidates for councilmen receiving the highest number of votes shall be elected as councilmen of the City of Talbotton. The mayor, and his successor, shall be elected for terms of two years each. The three councilmen receiving the highest number of votes shall be elected for terms of two years each, and until their successors are elected and qualified. The remaining three councilmen elected at that time shall be elected for terms of one year each, and until their successors are elected and qualified. Thereafter, three councilmen shall be elected on the first Saturday in November of each year and shall take office on January 1st of the next year to fill the vacancies of the then expiring terms of councilmen and shall be elected for terms of two years each, and until their successors are elected and qualified. The term of office of the mayor and councilmen elected under the provisions of this Act shall commence on January 1st following their election. The mayor and councilmen shall severally take and subscribe, before the Ordinary of Talbot County, the Clerk of the Superior Court of Talbot County, some justice of the peace of said county, or the retiring mayor, the following oath of office, to wit: I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be) of the City of Talbotton for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city, to the best of my ability, without fear or favor, and in all my actions as mayor (or councilman) act as I believe for the best interests of said city, so help me God. Should the mayor or any councilman be absent from said meeting, he may take said oath of office as soon thereafter as possible. The mayor and council shall provide by ordinance for regular meetings not less than one a month and may hold such special or called meetings as the business of the city may require to be convened as provided by ordinance. In the event the office of mayor, or any one or more of the councilmen, shall become vacant by death, resignation,

Page 3728

removal from the city, or otherwise, the mayor and council, or in case the mayor's office is vacant, the council, shall order an election for the purpose of filling such vacancy or vacancies, by giving notice such as may be provided by ordinance and by publication in a newspaper published in said city; and such election shall be held, returns made, and results declared in the same manner as in the regular election for mayor and councilmen as hereinafter prescribed; provided, that in case such vacancy or vacancies occur within sixty days preceding the regular municipal election in said city, then, in that event, the said vacancy or vacancies may be filled by the mayor and council, or by the mayor pro tem in case of a vacancy in the office of mayor, and persons so elected as councilmen or the mayor pro tem, as the case may be, are duly empowered and qualified to fill such vacancies until the regular election. Should the mayor or any member of the council fail or refuse to perform the duties of his office for a period of two consecutive months, provided such failure is not from providential causes, the office may be, in the discretion of the council, or the mayor and the remaining members of the council, declared by resolution vacant and the vacancy filled as before provided. Election. Terms. Section 6 . All elections held under the provisions of this charter, and all elections in which any subject or question is submitted to the qualified voters of said City of Talbotton, shall be managed by three freeholders, or two freeholders and a justice of the peace, who shall be citizens of said city and freeholders therein. Each of said managers before entering upon his duties shall take and subscribe before some justice of the peace, or other officer qualified to administer oaths, or before each other, the following oath: Each of us do swear that we will faithfully and impartially conduct this election according to law, and will prevent all illegal voting to the best of our skill and knowledge, and make true returns thereof, so held me God. Said managers shall keep or cause to be kept two lists of voters at said election and two tally sheets. All elections shall be held at the courthouse in said city. The polls shall be opened at 7 o'clock a.m. and closed at 7 o'clock p.m., Georgia time; electors shall be allowed to vote for six councilmen but no

Page 3729

less. The person receiving a plurality of the legal votes cast for the particular office for which he is offering shall be elected. The managers for all elections held under the provisions of this charter shall be named and appointed by the mayor and council prior to the election, and the mayor and council shall determine and provide for the pay of managers. Elections. Section 7 . The said managers shall certify two lists of voters and two tally sheets and shall place one list of voters and one tally sheet in the ballot box, with the ballots cast in said election and seal the same under their signatures and shall forthwith deliver the same to the Ordinary of Talbot County. The other list of voters and tally sheet shall be placed in a package and sealed and delivered forthwith to the clerk of said city, who shall safely keep the same, and at the first meeting of the mayor and council occurring on the first Tuesday night in January after said election, or as soon thereafter, not to exceed fifteen days, as possible deliver the said package to the mayor and council, who shall open the same and declare the results therefrom. If an election in said city is contested, notice of said contest must be filed in writing with the Ordinary of Talbot County, plainly setting forth the grounds of contest or illegality, within three days after said election and upon payment of ten dollars as a guarantee of cost to said ordinary, in advance by the contestant or contestants, the ordinary shall, within two days after the contest is filed, make a copy of the same and cause the same to be served by the sheriff, or his deputy, on the contestee if the contest is for an office; and if the result of an election in which any question has been submitted is contested, then said ordinary shall cause the notice and copy of contest to be served on the mayor and published one time in any newspaper published in said city. Said ordinary shall fix the time of hearing said contest, which shall not be later than ten days after service has been perfected, of which time both parties shall have five days' written notice. The contestant shall pay the sheriff or his deputy, in advance, two dollars for service of notice of contest, and the contest shall be held at the courthouse in said county. The ordinary is authorized, empowered and directed to hear and determine any contest and the losing

Page 3730

party shall pay all costs for which the ordinary shall issue the usual execution, when necessary. Voters' lists. Section 8 . All persons qualified to vote in this State for members of the legislature and who shall have paid all taxes legally imposed and demanded by the authorities of said city, and who shall have resided in said city one month prior to the election at which they offer to vote and who shall have registered as required by the registration laws or ordinances of said city, shall be qualified to vote at any election held under the provisions of this charter. In addition to such other qualifications as shall be hereinafter provided for office-holders of said city, no person shall hold any office in said city, elective by the people, who is not a qualified voter of said city. Qualifications of voters. Section 9 . It shall be the duty of the clerk and treasurer of said city to provide a registration book to be known as the Permanent Registration Book for the City of Talbotton in which all the registered qualified voters of the County of Talbot living within the corporate limits of the City of Talbotton, or maintaining their legal residence within the County of Talbot and in the corporate limits of the City of Talbotton, shall be allowed to register by writing their names therein, with their ages, occupation and address. When so registered, their names shall be allowed to remain on said book as long as they remain regular qualified registered voters of the County of Talbot and residents of the City of Talbotton. On the 15th day of October in each and every year the clerk and treasurer shall revise said book and strike therefrom the names of those not entitled to remain on said book and notify those stricken from said book of his action. A failure to pay the taxes due to the City of Talbotton for the current year shall be sufficient cause to strike said names from said book. After the said book is purged the said clerk and treasurer shall make from said book a list of the voters entitled to vote and anyone whose name does not appear on said list shall be allowed to vote in any primary election nor in any election held in the City of Talbotton for the purpose of electing officers for said city. In any special election the clerk and

Page 3731

treasurer shall purge said list and book as above provided ten days before said election. Registration book. Section 10 . No person shall be eligible for the office of mayor or councilman of said city unless he shall have resided in said city not less than one year immediately next preceding his election, and shall be a qualified voter in municipal elections for officers of said city, and who has not been convicted and sentenced for any violation of the criminal laws of Georgia involving moral turpitude and who is entitled to register under the registration laws of said city. Qualification of mayor. Section 11 . At the first regular meeting of the mayor and council, which shall be held on Tuesday following the second Saturday in January, or as soon thereafter as possible, the council shall elect one of their number mayor pro tempore, for a term of one year, who shall, in the absence or disqualification of the mayor or during vacancy in said office, perform and discharge all of the duties, and exercise all of the authority of the office of mayor, upon taking the usual oath. The mayor and council shall also, at said meeting, elect a clerk and treasurer, chief of police, and a night policeman, and as many other policemen as in their judgment shall seem necessary, a city attorney, if they deem one needed, and a board of health, and such other city officers as the mayor and council shall deem necessary in the government of said city, to be fixed by ordinance. Each of said officers shall take such oaths of office, given bonds, and perform such duties as shall be fixed by ordinance; provided, that all official bonds shall be payable to the mayor and his successors in office for the use of the City of Talbotton. Said mayor and council shall have power and authority in their discretion to suspend and remove such officers from office, or impose fines on said officers; provided, that before removal or fine, said officers shall be entitled to a hearing before the mayor and council on the charges preferred, under such rules as the mayor and council may fix. It shall be the duty of the mayor and council, prior to their election, to fix the salaries, fees, or compensation of all the officers, agents, or employees of said city, which when once fixed shall not be changed during the term of office of said officer, agent, or employee. All of

Page 3732

said officers, agents, and employees shall be elected or appointed for terms of one year, and until their successors are elected, appointed, and qualified. The salary of the mayor shall be fixed by ordinance at the last meeting of the mayor and council in each odd-numbered year, which said salary shall not be changed during the term for which a mayor is elected: Provided, that when the mayor and council fail to fix the salary of the mayor he shall receive what he had been receiving prior to the time for fixing same. Mayor pro tempore. Section 12 . The mayor, or the mayor pro tem, and four councilmen shall constitute a quorum for the transaction of business, provided a less number shall have authority to compel the attendance of enough to constitute a quorum and a majority of the votes cast shall determine questions before them; provided, that the mayor or mayor pro tem, if he be presiding in the absence of the mayor, shall vote only in case of a tie vote, and provided, further, that all votes making appropriations of or authorizing the expenditure of city funds, or fixing the salaries of officers, agents or employees shall be by yeas and nays, duly recorded on the minutes, and shall require a majority of the members of the council in favor of it before it can become effective, and provided, further, that on any question any councilman may demand the yea and nay vote, and on such demand the vote shall be so taken and recorded on the minutes. The mayor or the mayor pro tem, when performing the duties of mayor, shall have veto power, and may veto any resolution or ordinance passed by the council, in which event the same shall not become a law or have the effect of a law, unless subsequently and at the next regular meeting thereafter it shall be passed over his veto by a two-thirds vote of the entire council duly recorded on the minutes; but unless he shall file in writing with the clerk of said city his veto of any measure passed by the council with his reason for withholding his assent, within three days after its passage, the same shall become a law just as if signed and approved by said mayor, but he may approve the same in writing and the same shall go into effect immediately. Quorum. Section 13 . The mayor of said city shall be the chief executive officer of the City of Talbotton. He shall see that

Page 3733

all laws, ordinances, resolutions and rules of said city are faithfully fully and impartially executed and enforced, and that all of the officers, employees, and agents of said city faithfully and impartially discharge the duties required of them. He shall have the general supervision and jurisdiction of the affairs of said city, and shall preside at all meetings of the council. He shall have the power to convene the council in extra session whenever, in his judgment it becomes necessary, and shall do so whenever requested by two councilmen in writing. He shall be ex-officio a member of the Board of Education and of all other boards authorized by law in said city now in existence or hereafter created. Mayor's duties. Section 14 . It shall be lawful for any police officer of said city, to arrest without warrant any person or persons, within the corporate limits of said city, who, at the time of said arrest, or before that time, has or have been guilty of violating any ordinance of said city, or who he has reasonable belief or reliable information has or have been guilty and to hold such person or persons so arrested until a speedy hearing of the matter before a proper officer can be had and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city jail or in the jail of Talbot County, for a reasonable length of time. The arresting officer shall give a written summons to each person so arrested, showing the offense charged and the time and place of the hearing on the offense. The chief of police and police officers of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person with violating the criminal laws of this State. The chief of police and police officers of said city are also authorized to arrest anywhere within this State any person charged with violating any ordinance of said city; provided, when arrest is not made within twenty-four hours after the offense is committed, said chief of police and police officers are not authorized to arrest the offender outside the corporate limits of said city, except in obedience to written warrant signed by the mayor, mayor pro tem or clerk and treasurer. The said chief of police or any police officer may take bonds for the appearance of any person arrested by them for violations of city ordinances before the mayor's

Page 3734

court for trial, and all such bonds may be forfeited as hereinafter provided for forfeiture appearance bonds by the mayor or mayor pro tem. The mayor and council of said city shall have power and authority to authorize and empower any police officer of said city to summon any or all bystanders to aid in the arrest of any person or persons violating any ordinance of said city or any criminal law of this State and to provide punishment for any person failing or refusing to obey such summons. Arrests. Section 15 . The mayor and council shall have power and authority to establish and prescribe by ordinance a fee and costs bill for the officers of said city. Said fees and costs, when collected shall be paid into the city treasury and accurate accounts kept thereof. All compensation of any paid officer or official of said city shall be by salaries fixed by ordinance, and regularly drawn from the treasury by the customary warrants, and no officer of said city shall receive or be entitled to receive any other compensation than as so fixed, nor any fees. Costs. Section 16 . The mayor, or in his absence, the mayor pro tem, or in case of the absence or disqualification of both the above, any councilman of said city, to be designated in writing by any other two councilmen, may hold and preside over a court, said court to be called the Mayor's Court, for the trial of all offenders against the laws and ordinances of said city, to be held as often as necessary, or at such times as may be fixed by the mayor and council. Said mayor's court shall have power and full authority to preserve order, compel the attendance of witnesses, order and compel the production of books and papers to be used as evidence, and to punish for contempt, or disobedience to any of its mandates. Said court shall have full authority and power to punish after conviction, all violations of the charter or any ordinances of said city by fine, not to exceed one thousand dollars, by imprisonment in the city jail, or in the county jail (having previously arranged such with the county authorities), not to exceed ninety days, and to work on the streets of said city or on such other public works as the mayor, or person presiding over the mayor's court, may direct, not to exceed ninety days; and one or

Page 3735

more of these punishments may be inflicted by the mayor, mayor pro tem or presiding councilman in his discretion, and the fine imposed may be collected by execution. The mayor, mayor pro tem or presiding councilman, as the case may be, shall have full authority and power in said mayor's court, if the offense charged against the prisoner be beyond his jurisdiction, to examine into the facts of the case; or if, on the trial of any offender before said court, it develops from the evidence that he or she is probably guilty of a violation of any criminal law of this State, to commit the offender or offenders to jail or bail them, if the offense is bailable by the justice of the peace, to appear before the next Superior Court of Talbot County. The mayor and councilmen of said city shall be to all intents and purposes a justice of the peace as to issuing warrants for offenses committed against the charter and ordinances of the city, or against any of the criminal laws of this State and are authorized to issue warrants for the arrest of such offenders. Mayor's Court. Section 17 . The mayor, mayor pro tem, or the presiding councilman, when any person or persons are arraigned before the mayor's court for a violation of any of the city ordinances, rules or regulations may, for sufficient cause shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused may be required to give bond and security for his or her appearance at the appointed time for trial, or he may be imprisoned to await trial. If such bond be given and the accused fails to appear at the time fixed for trial, the bond may be forfeited by the mayor, mayor pro tem, or presiding councilman, and an execution issued thereon after serving the defendant, if any to be found, and his security with a rule nisi, at least five days before the hearing of said rule nisi requiring him or her, or them to show cause why said bond should not be forfeited. Bond. Section 18 . Be it further enacted, that the mayor and council of said City of Talbotton shall have power and authority to organize one or more work gangs and to confine persons therein who have been sentenced by the mayor's court to work on the streets or public works of said city, and

Page 3736

shall have power to make such rules and regulations as may be necessary and suitable for the care, safekeeping and control of such gangs, and to enforce same through its proper officers. Work gangs. Section 19 . The mayor and council are hereby authorized to adopt as the valuation of all property in the City of Talbotton, including real, personal and intangible property, the values for such property as determined by the tax digest of Talbot County. Otherwise, the mayor and council shall elect a board of tax assessors for said city, to be composed of three citizens, qualified voters and freeholders in said city, whose duty it shall be to annually assess the true cash market value of all real estate situated in said city subject to taxation, and to make returns of the same to clerk of council at such times as may be fixed by ordinance by the mayor and council. At the first election under the provisions of this charter, one of said assessors shall be elected for one year, one for two years, and one for three years, and as these terms expire, their successors shall be elected for terms of three years. Vacancies in said board shall be filled by the mayor and council, as they occur. Each member of said board shall receive such compensation as may be fixed by the mayor and council, after the work of assessment for each year has been completed. Each assessor before entering upon his duties, shall take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially, without fear or favor, discharge the duties of Tax Assessor of the City of Talbotton, and assess all property in said city subject to taxation at its true cash market valuation, to the best of my skill and knowledge, so help me God. County digest values. Section 20 . The mayor and council shall have authority and power to provide by ordinance when tax returns shall be made under the provisions of this charter, and to provide penalties for failure to make returns as required and to provide when and how taxes due said city shall become due and in what length of time and in what periods shall be paid, to fix a penalty for the non-payment of taxes when due, and to issue executions against all persons who do not pay their taxes by the time fixed by ordinance; provided,

Page 3737

the time of payment and the closing of the tax books shall not be fixed later than December 20th of each year. Tax returns. Section 21 . For the purpose of raising revenues for the support and maintenance of the City of Talbotton and for keeping the streets and sidewalks in repair, and for other lawful purposes, the mayor and council of said city shall have full power and authority to assess, levy and collect an ad valorem tax on all real and personal property, and every other species of property in said city or owned or held therein subject to taxation, not to exceed ten mills. The said mayor and council shall have power and authority to provide by ordinance for the returns and assessments of all taxable property in said city, and to provide for neglect or refusal to comply with the same, as elsewhere provided in this Act. Taxes. Section 22 . The mayor and council shall have full power and authority to require any and every person, firm, company or corporation, whether resident or non-resident of said city, who may engage in, prosecute or carry on any trade, business, calling, vocation or profession within the corporate limits of said city by themselves or by their agents, to register their names, business, calling, vocation or profession annually, and to require said person, firm, company or corporation to pay for said registration and for a license to prosecute, carry on or engage in such business, calling or profession, such amount as the mayor and council shall prescribe by ordinance; provided, that there shall be a separate license for each business, calling or vocation, and no person securing a license for any particular business, calling or vocation shall be allowed to carry on any other business, calling or license thereunder; provided, further, that no person shall carry on said business under said license at any other place except by special permit of the said mayor and council; said mayor and council shall have full power and authority to grant another person to continue the same business under the same license whenever said business shall have changed hands, but no person shall continue said business under said license without special permission from the mayor and council. The mayor and council may provide by ordinance for the punishment of all

Page 3738

persons, firms, companies or corporations required by ordinance to register and secure and pay for said license, who fail to register, take out and pay for said licenses or who engage in or attempt to engage in such business, profession or occupation before compliance with the provisions of such ordinances. It shall not be within the power or authority of said City of Talbotton, its mayor and council, or any official therein, to give or grant any license to conduct or carry on any business, avocation, or calling in said city, in violation of the laws of this State in reference to the observation of the Sabbath day. The mayor and council shall have full power and authority to use the funds raised by means of issuing licenses under this section for any purpose termed extraordinary expenses under the statute laws of the State of Georgia, or they may use same for paying ordinary expenses of said city. They shall not be restricted in the use of said monies, so long as they are expended so as to produce public benefit to the citizens of the city as a whole. A separate account of all monies so raised shall be kept by the clerk and treasurer and any appropriations of same shall specify out of what funds it shall be paid. Business licenses. Section 23 . The mayor and council shall have full power and authority to make an assessment on the various lots or tracts of land, and lot owners in said city for sanitary purposes, not to exceed five dollars ($5.00) per annum on each lot so assessed, and said mayor and council are fully empowered to collect the same by execution against the lots so assessed and the owners thereof, in the same manner as is provided in this charter for the collection of other city assessments or taxes. The sanitary charge or fee so collected shall be used solely for sanitary purposes. The mayor and council shall have power and authority to prescribe by ordinance what shall constitute a lot for sanitary purposes and assessments, provided that no residence lot shall be fixed at less than twenty-five feet front, and provided, further, that no sanitary assessment shall be made against vacant property, nor shall any residence lot with dwelling thereon be subdivided. Sanitary assessments. Section 24 . The mayor and council of said city shall have full, complete and exclusive control of the streets, alleys,

Page 3739

sidewalks, parks and squares in said city and of the use thereof, and shall have full power and authority to condemn property for the purpose of laying out new streets, alleys, or sidewalks, and for widening, straightening grading, or in any way changing the street lines and sidewalks of said city, and when said mayor and council desire to exercise the power and authority as to condemnation herein granted, it may be done, whether the lands to be condemned are in the hands of the owner, trustee, executor, administrator, guardian or agent, and shall be done only in the manner prescribed in Title 36 of the Code of Georgia. The mayor and council may abandon or discontinue such proceedings at any time upon payment of accrued costs. The mayor and council shall have full power and authority to remove or cause to be removed, any building, step, fence, tree, gate, post or other obstruction or nuisance in the streets, alleys, lanes, sidewalks or other public places in said city, and to enforce the provisions of this section by appropriate ordinance. The mayor and council shall have full and complete power to alter, change or re-establish the grade of any street or sidewalk, now or hereafter opened or laid out in said city, and said City of Talbotton shall not be held responsible to any abutting land owner for changing the level of said street or sidewalk when said street or sidewalk is improved thereby in the judgment of said mayor and council. Condemnation. Section 25 . The mayor and council shall have full power and authority, in their discretion and as hereinafter prescribed, to grade, pave, macadamize or otherwise improve the travel and drainage of the sidewalks, streets, squares, public alleys and lanes of said city, now or that may be hereafter opened, laid out or constructed, and to lay curbing along any of the sidewalks, streets, squares, or public alleys. In order to make effective the power and authority above given and to provide funds therefor, said mayor and council shall have full power and authority to assess the actual cost of paving sidewalks and placing curbing by the same, against the real estate abutting on the streets but only on the side of the street on which the sidewalk is improved, if on one side only; provided, always, that the property owner may be allowed to have this work done himself and pay for same, if done according to instructions of mayor and council

Page 3740

or similar to the way the rest of said block is done. Said mayor and council shall have full power and authority to assess one-third of the cost of grading, paving, macadamizing, or otherwise improving any road way or street proper on the real estate abutting on one side of the street improved, and one-third of the cost on the real estate abutting on the other side of the street so improved; the real estate abutting on both sides of the streets shall not together be assessed more than two-thirds of the entire cost, in the discretion of the mayor and council; provided, that no curbing shall be laid and no sidewalk or street be paved or macadamized, nor no assessment made, under the authority, power, and provisions of this section, unless the person owning real estate which has at least two-thirds of the frontage on the sidewalks, or the street, or on the portion of the sidewalk or the street, the improvement of which is desired, shall in writing request the mayor and council to make such improvement, when said mayor and council may, in their discretion, provide by ordinance for such improvement, and provided, further, that no request shall be considered and no work done for less than an entire block. The amount of the assessment on each piece of real estate abutting on the sidewalks or sidewalk or street improved shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment, and the mayor and council shall have full power and authority to enforce the collection of any amount so assessed for such improvements or work done, either upon the sidewalks or streets, by execution to be issued by the clerk of the council against the real estate so assessed, and against the owner thereof at the date of the ordinance making the assessment, which execution may be levied by the chief of police of the city on such real estate, and after having advertised same and had other proceedings, as in the case of sale of realty for city taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest absolute title in the purchaser; provided, that the defendant shall have the right to file an affidavit denying that the whole or any part thereof is due, and stating what he admits to be due, if any, which amount so admitted to be due shall be paid before the affidavit, when received, shall be returned to the Superior Court of Talbot County and there

Page 3741

tried and the issue determined, as in cases of illegality, and subject to all the penalties provided by law in cases of illegality for delay. The liens for assessment on abutting property, for street or sidewalk paving, curbing, macadamizing, grading, or drainage, shall have rank and priority of payment next in point of dignity to liens for taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each case. Section 26 . The mayor and council of said city shall have power and authority to provide for and regulate the curbs and gutters that empty into the sidewalks or streets of said city; to regulate or prohibit the use of the streets, alleys, sidewalks and public grounds for signs, sign posts, awnings, telegraph or telephone poles, wires for telegraph, telephone or electric lighting or power purposes, electric light or power poles, horse throughs or watering places, hitching posts or racks and for posting bills and advertising matter; to regulate or prohibit the carrying of hand bills, banners or placards on the streets, sidewalks or public places of said city, and the gathering or holding of public meetings for any purpose therein or thereon. Also, to compel any telegraph or telephone or electric light or power company having previously erected poles and wires in said city, to remove same to any reasonable location designated by the mayor and council, and in case such company shall fail or refuse to move the same to any location designated by the mayor and council, to remove same at the expense of such company and collect same by execution. The said mayor and council shall have power and authority to regulate, by ordinance, the speed at which automobiles, bicycles, and other vehicles of any description shall be driven over or through the streets, alleys, or public places in said city, and to prohibit their running on or using the sidewalks of said city, and to punish violations of such rules, regulations or ordinances as they may pass on this subject. Said mayor and council shall have power and authority to regulate the speed at which locomotives or trains shall run or be run within the corporate limits of said city, also the blowing of whistles and signals by locomotives, stationary engines and factories within the corporate limits, and also to prescribe by ordinance the length of time for which any railroad

Page 3742

train or engine may obstruct or prevent passage of the public over any public crossing or street or sidewalk within said city. Section 27 . The mayor and council of said city shall have full power and authority to require the railroads running through said city or a portion thereof, to make and repair public crossings for pedestrians or vehicles over or across their several roads whenever and in such manner as said mayor and council shall deem necessary; to make or repair such crossings, or to open to keep open any street in said city crossing them; and the mayor and council may pass any ordinance needful for carrying out the provisions of this section. Railroad crossings. Section 28 . Whenever it shall be necessary, the mayor and council shall have full power and authority to lay out, construct and control all lines of water, gas and sanitary sewer pipes necessary for said city and to assess abutting land owners for the laying and constructing of same and shall have power and authority to collect said assessments in the way and manner provided for collecting assessments for street improvements set out in section 25 of this Act. Said mayor and council shall have full power and control of said pipes and lines when so constructed and may make all needful rules and regulations for preserving same and keeping them in the most sanitary and best working condition. Section 29 . The mayor and council shall have full power and absolute authority to control by ordinance, all city pipes, sewers, water and gas lines, drains, private drains, water closets, privies, pig pens, cow pens, and the like, in said city, and to prescribe their location, structure and use, and to make such rules and regulations, and to pass such ordinances concerning them or their use, in all particulars, as may be deemed best for the preservation of the health of the community and comfort of the inhabitants of said city. The mayor and council shall have full power and authority to require all persons or owners of any of the above enumerated to keep same in a clean and sanitary condition and to punish said owners for a violation of any rule or regulation

Page 3743

made in regard to same. Said mayor and council may, in their discretion, declare any of the above a public nuisance and proceed to have same abated. Section 30 . The mayor and council of said city shall have full power and authority to declare what shall be deemed a nuisance in said city, and to provide for the abatement of the same. The mayor's court of said city shall have concurrent jurisdiction with the mayor and council with respect to the trial and abatement of all nuisances in said city. Nuisances. Section 31 . The mayor and council of said city may, in their discretion, enact any and all ordinances, rules and regulations necessary to lay out a fire district in said city, and to enlarge, change or modify the same from time to time, to prescribe how and of what material buildings within said district may be erected, how thick the walls shall be, the manner in which chimneys, flues, and stovepipes shall be constructed, and to make such reasonable rules, regulations and requirements, as they may deem necessary to, so far as possible, protect said city from danger from fire or to prevent or stop conflagration. They shall also have power and authority to order any changes in the construction or arrangements of chimneys, stovepipes or flues, or the removal thereof, when in their judgment the same are dangerous or likely to be so, and to compel the owner or occupant to make the changes or alterations ordered by proper ordinances, and collect any expenses incurred by the city, under any ordinances passed carrying out the powers granted under this section by execution as of collecting other costs due said city. The mayor and council may exercise general supervision over all buildings of every character in said city and may condemn dangerous walls or construction in any of the same, and shall have the power and authority to exercise said supervision by passing and enforcing suitable and reasonable ordinances. The mayor and council shall have power to regulate, control or forbid as a public nuisance, the establishment, location or operation, within said city, of any fertilizer factory, planing mill or other manufacturing establishment, shop or business, the conduct, establishment or operation of which disturbs, or interferes with the peace, comfort or health of citizens of

Page 3744

said city or is calculated to damage or depreciate property for residential purposes. Fire district. Section 32 . It shall be the duty of the mayor and council of said city to provide such fire protection thereof whenever, and as in their discretion, the city can afford or is able to support, and to this end shall have power and authority to organize, equip and support a fire department, volunteer or paid, and to make such appropriations therefor as they may deem advisable, providing needed buildings therefor, and to adopt and prescribe such ordinances and regulations as will best promote the objects of this section and afford protection from fire or conflagration, to property in said city. Fire protection. Section 33 . The mayor and council of said city shall have power and authority to provide for the inspection of steam boilers in said city, to regulate or prevent the storage of gunpowder, tar, pitch, rosin, coal, benzine, naphtha, nitroglycerin, turpentine, cotton, petroleum, kerosene oil, dynamite, or other combustibles or explosive substances, materials, or liquids, within the city limits; and to regulate the use of lights in stores or shops or the building or bonfires; to regulate or prohibit the use of fireworks, fire crackers, torpedoes, sky rockets, Roman candles, the firing of guns, pistols and anvils, and to prohibit every kind of gaming and hunting within the corporate limits of said city. Section 34 . The mayor and council of said city shall have full power and authority to make and enforce all ordinances necessary or wisely precautionary for the prevention of any contagious or infectious disease or the spreading or communicating thereof; to declare, maintain and enforce quarantine rules or regulations in regard thereto, and to punish any violations of any of the said rules and regulations. They shall have power to build or establish or maintain and exercise police powers over a pest house within or outside of said city limits, and for this purpose they are authorized to buy, hold, rent or receive real estate or buildings within or beyond the said city limits. They shall have power to compel the removal to the pest house of any person or persons who have smallpox or other contagious or infectious

Page 3745

diseases, when in their wise and humane judgment it is best for the general welfare and health of said city. They shall have power to compel all persons in said city, whether resident or sojourners, to be vaccinated and may provide vaccine and employ physicians, at the expense of the city, to vaccinate all persons who are unable to procure vaccination, and may by ordinance provide for persons failing or refusing to be vaccinated. Section 35 . The mayor and council shall have full power and authority to make all needful rules and regulations, for and concerning the cemeteries located within the corporate limits of said city; to maintain and keep same. Section 36 . The mayor and council of said city shall have full power and authority to adopt and enforce ordinances for the protection and preservation of shade trees on the streets, public places, cemeteries and parks in said city and to prevent the cutting, impairing or mutilation thereof by telephone, telegraph, electric light linemen or employees, or any other person, unless the same is done under and with the express and formal consent of the mayor and council or some officer appointed by them to direct the same and then, only when absolutely necessary for the public service or safety. Section 37 . The mayor and council of said city shall full power and authority to protect by suitable ordinance and enforcement, all places of Divine Worship and all schools within said city, and to prohibit loitering or idling in or about the same or the grounds thereof; or any other conduct in or about the same tending to annoy the services or duties being carried on or performed therein, or the occupants of said institutions or the ground attached thereto. Said mayor and council shall also have power and authority by suitable ordinance to prevent and punish any boisterous, unseemly, indecent or disorderly conduct or behavior or any unseemly or improper gathering on the streets, sidewalks, alleys or public places or buildings or vacant property within said city or in or about or near any residence therein. Section 38 . The mayor and council shall have full power

Page 3746

and authority to suppress lewd houses, lewdness and all immoral conduct; gambling and gambling places, within the corporate limits of said city, and to this end may enact such ordinances and provide such penalties for violations thereof as they deem advisable or necessary to carry out the provisions of this section. Said mayor and council shall have power and authority upon proof of any house of illfame, bawdy house, lewd house, gambling place or house used for the purpose of illegal sale of any intoxicating drink in violation of the State Prohibition Laws, to vacate and abate the same by causing the occupants thereof to be forcibly removed after three days' notice, and any property owner or agent who shall after notice of the character of the inmates, continue to rent or suffer the same to remain on said premises shall upon conviction in the mayor's court of said city, be punished as for a violation of the ordinances of said city relating to nuisances. To further enable the authority of said city to carry out any ordinance which may be passed upon this section, the police officers of the said city shall have full authority on reasonable suspicion to search any house or place for evidence of a violation of any ordinance passed under this section. Should they find any intoxicating liquors of any kind prohibited of sale by the State laws or any imitations of same, they shall have authority to seize same and destroy them. Said houses or places described in this section being hereby declared to be a public nuisance. Section 39 . The mayor and council of said city shall have full power and authority to prohibit by ordinance the running at large in said city of horses, mules, cattle, hogs, sheep, goats, dogs, and all other animals or fowls and to prohibit the keeping of hogs within said city limits, or if allowed to be kept therein, the mayor and council's discretion, to regulate the manner and places in which they may be kept. Also to impound all such animals when found upon the streets or public places or upon the property of persons other than the owners without permission or consent of the owners of such property, and to charge such fees for same as said mayor and council may prescribe, and to charge such fees for same as said mayor and council may prescribe, and in addition thereto, charge for the keep of animal so impounded. Should the owner of any such animal refuse to pay the impounding

Page 3747

fee and costs of keeping said animal, the same may be sold at public outcry before the city hall and the proceeds applied to the payment of said fees and costs, under such rules and regulations as the mayor and council may prescribe by ordinance. Section 40 . Should any person violating any of the ordinances of said city flee from the jurisdiction thereof, he or she may be apprehended and arrested, wherever found in the State, and the warrants of the mayor, mayor pro tem, or any councilman of said city shall be sufficient authority for his or her return and trial upon the charge resting against such person, and should any person after trial and conviction escape, such person may be apprehended or arrested wherever found in this State and the warrant of either of the officials aforesaid, shall be sufficient authority for his or her arrest and return; all persons escaping from the custody of said city or its officers, may be tried for such escape and punished therefor not exceeding penalties hereinbefore provided. The said mayor and council shall have full power and authority to provide for said city, a safe and suitable prison for the keeping and detention of prisoners and convicts of said city and of persons charged with a violation of the ordinances of said city before or after conviction, and to appoint a custodian or keeper thereof. Section 41 . The mayor and council shall, by ordinance, provide for the form of all accusations, affidavits and warrants to be issued in all trials or violations of the city ordinances, and the procedure in all such trials. All executions in favor of said city for the enforcement and collection of any fine, forfeiture, assessment, taxes or other claim, demanded on debt, shall be issued by the clerk and bear teste in the name of the mayor or mayor pro tem, and shall be directed to the chief of police of said city, and to all and singular the sheriffs and constables of this State, and shall state for what issued and be made returnable to the mayor and council of said city ninety days after the issuing of the same; and it shall be the duty of the chief of police or other collecting officer, to levy the same and advertise the sale of any real or personal property so levied upon, in the

Page 3748

same manner as sheriffs' sales of real property or constables' sales of personal are required by law to be made. Any sales thereunder shall be made at the place and within the usual hours of sheriffs' and constables' sales, and under the same rules and regulations as govern sheriffs' and constables' sales of similar property. Whenever any real estate is sold for taxes the owner thereof shall have the privilege of redeeming it within one year by paying the purchaser the amount paid therefor, with ten per cent premium thereon and interest on said principal amount at the rate of seven per cent per annum. All deeds to real estate shall be made and signed by the chief of police as deeds to real estate are made and signed by the sheriff. Section 42 . The mayor and council shall have full power and authority through a committee from its body, or by appointment of any other person, in their discretion and at any time they deem proper, to examine into the working or conduct and business of any officer or office in said city, and shall have power and authority to demand, send for and compel the presence of persons or the production of all books and papers, and to swear all persons summoned, as may be necessary or pertinent to said investigation. And it shall be the duty of the mayor and council, prior to the first regular meeting of the mayor and council, in each year, by suitable committees, or otherwise, to examine, and audit for the year ending on December 31st, preceding, all books, vouchers and papers of every official of said city or of any board thereof charged with the collection, keeping or expenditure of any public funds. Section 43 . The mayor and council shall prescribe by ordinance how and by whom purchases of supplies, materials and other necessary articles, for said city or for any department thereof, shall be made or contracted in behalf of said city, and no purchase or agreement or contract of purchase, made in any other manner or by any other person, than as prescribed in such ordinances, shall be valid or binding on said city. Section 44 . In case the mayor, or any councilman, while in office shall be guilty of malpractice or wilful neglect in

Page 3749

office, or the abuse of the powers conferred upon him, or shall be guilty of any conduct unbecoming his station, or convicted and sentenced for violating any criminal law of this State involving moral turpitude, he shall be subject to be impeached by the mayor and council, or by council in case of the mayor, and upon conviction by not less than four votes, shall be removed from office. Malpractice. Section 45 . It shall not be lawful for any official of said City of Talbotton to be interested directly or indirectly in any transaction with, sale to, work for or contract of the City of Talbotton or any department of government or service of said city, involving the expenditures of any public funds of said city. Any violation of this section by the mayor or any councilman, or other officer of said city, shall on conviction thereof be punished as for a misdemeanor. Conflict of interest. Section 46 . After the close of each fiscal year, the clerk of the city shall make and submit to the mayor and council at the first regular meeting in the new year, a full tabular statement of the assets and resources and liabilities of the city, with an itemized estimate of the probable receipts, and of the probable necessary expenses for the coming year, and shall from month to month at the first regular meeting in each month of the mayor and council, submit a statement of all appropriations and expenditures made and authorized by the mayor and council to the end of the preceding month, chargeable against the estimated income for that year. Section 47 . Any of the officers of said City of Talbotton who may be sued for any act or thing done in his official capacity may be justified under this charter, and the provisions of this charter may be pleaded and shall be a full defense to any action brought against the mayor or council or other officers of said city or either of them, under and in accordance with the ordinances passed in pursuance thereof. Section 48 . The mayor and council of said City of Talbotbon shall have power and authority to pass all ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort and security of said city and the inhabitants thereof and that may be deemed necessary

Page 3750

to foster and promote virtue and good morals in said city; to suppress lewdness, gaming, and disorderly conduct and to enforce such laws and ordinances by such penalties as are authorized in this charter. The said mayor and council shall have full power and authority to adopt and enforce any and all ordinances they may consider advisable and necessary to carry out and execute the powers granted said city, and said mayor and council hereunder; to make and enforce such ordinances, rules and regulations for the government of their body, and all officers of said city, and to do any and all other acts and exercise all other powers conferred upon them by this Act or that may be done or exercised under the laws of this State conferring powers on municipal corporations and not inconsistent with the laws of this State. Section 49 . All ordinances, by-laws, rules and regulations heretofore adopted by the mayor and council of the City of Talbotton which are not in force and not inconsistent with nor repugnant to any provision of this Act shall remain in full force and effect under this charter, until repealed, altered or amended by the mayor and council. Section 50 . Authority to carry out and effectuate by ordinances, and to provide penalties for violations thereof, whenever in their discretion the mayor and council may deem it necessary, and all further powers granted to said City of Talbotton, as reincorporated under the Act, be and are hereby expressly conferred on the mayor and council of said city in office, and their successors. Section 51 . The Mayor and Council of the Town of Talbotton shall have full power and authority to declare any business or calling that by reason of its nature might tend to increase idleness, a nuisance and refuse to grant a license to a person to pursue such calling or profession or to carry on such business within the corporate limits of said town. Section 52 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3751

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1971 Session of the General Assembly of Georgia, a bill to amend, consolidate and supersede the several Acts of the General Assembly of the State of Georgia pertaining to the City of Talbotton and to provide a new charter therefor; to provide for all matters relative to the foregoing; and for other purposes. This 16th day of January, 1971. Eddie B. Bassett, Mayor Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 Talbotton New Era which is the official organ of Talbot County, on the following dates: January 21, 28 and February 4, 1971. /s/ W. Randolph Phillips Representative, 38th District Sworn to and subscribed before me this 6th day of March, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission expires Dec. 16, 1974. (Seal). Approved April 10, 1971.

Page 3752

CITY OF DUBLINCORPORATE LIMITS CHANGED. No. 685 (House Bill No. 1070). 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), and an Act approved March 21, 1969 (Ga. L. 1969, p. 2270), 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 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), and an Act approved March 21, 1969 (Ga. L. 1969, p. 2270), is hereby amended by adding a new section after section 3A, to be numbered section 3B, to read as follows: Section 3B. 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: (1) Parcel One. All that certain tract or parcel of land situate, lying and being in First Land District of Laurens County, Georgia, and being more particularly described as follows: BEGINNING at a point at the intersection where the present westerly city limits of the City of Dublin intersects the southerly right-of-way line of U. S. Highway 80; thence running westerly along the southerly right-of-way line of U. S. Highway 80 to a point where said southerly right-of-way line of U. S. Highway 80 intersects with the northwesterly

Page 3753

land lot line of Land Lot 166 (i.e., the southeasterly land lot line of Land Lot 167); thence northeasterly along the northwesterly land lot line of Land Lot 166 to a point where the said northwesterly land lot line of Land Lot 166 intersects with the southwesterly right-of-way line of a certain public road now or formerly known as Shamrock Drive; thence running northwesterly along said southwesterly right-of-way line to a point where said southwesterly line is intersected by the center of the run of Sandy Ford Creek; thence upstream in a generally westerly and northwesterly direction along the center of the run of Sandy Ford Creek to a point where Sandy Ford Creek intersects with the southwesterly boundary line of Linda Vista Subdivision; thence running north 44 degrees west along the southwesterly boundary line of Linda Vista Subdivision a distance of 990 feet, more or less, to a point on the northwesterly margin of a certain unpaved road which is an extension of the aforesaid Shamrock Drive; thence running north 46 degrees east partially along said margin of said unpaved road, and partially otherwise, a distance of 750 feet, more or less, to a point on the southwesterly margin of Brookwood Subdivision; thence running north 41 degrees 51 minutes west along the southwesterly margin of Brookwood Subdivision to a point on the northwesterly land lot line of Land Lot 180 (i.e., the southeasterly land lot line of Land Lot 179); thence running north 45 degrees 42 minutes east a distance of 3119.7 feet, more or less, to the northerly corner of Land Lot 180; thence running south 45 minutes 15 degrees east along the northeasterly land lot line of Land Lot 180 (i.e., the southwesterly land lot line of Land Lot 215) to a point where said northeasterly land lot line of Land Lot 180 intersects the northwesterly margin of Brookwood Drive; thence running north 44 degrees 45 minutes east along the northwesterly margin of Brookwood Drive a distance of 1538 feet; thence running south 45 degrees 15 minutes east a distance of 3260.9 feet, more or less, to a point on Hunger and Hardship Creek, said Hunger and Hardship Creek presently being a boundary of the corporate limits of the City of Dublin; thence running in a generally southerly direction along the present corporate limits of the City of Dublin to the point of beginning.

Page 3754

(2) Parcel Two. All that certain tract or parcel of land situate, lying and being in First Land District of Laurens County, Georgia, and being more particularly described as follows: BEGINNING at a point which is the westerly most corner of Green Acres Estates Subdivision, which point is located on the northwesterly land lot line of Land Lot 229 (i.e., the southeasterly land lot line of Land Lot 228), which point of beginning is located 0.18 miles, more or less, along said land lot line from the westerly corner of Land Lot 229; thence running north 45 degrees 47 minutes east a distance of 1906.2 feet, more or less, to the northerly corner of said subdivision; thence running south 45 degrees east a distance of 1201.5 feet, more or less, to a point on Hunger and Hardship Creek, said Hunger and Hardship Creek being a boundary of the corporate limits of the City of Dublin; thence running in a generally southwesterly direction along said creek, which is the boundary of the corporate limits of the City of Dublin, a distance of 2170 feet, more or less, to a point which is the southerly corner of Green Acres Estates Subdivision; thence running north 44 degrees 24 minutes west a distance of 1759.2 feet, more or less, to the point of beginning. (3) Parcel Three. All that certain tract or parcel of land situate, lying and being in First Land District of Laurens County, Georgia, and being more particularly described as follows: BEGINNING at a point on Long Branch, which is an existing boundary of the corporate limits of the City of Dublin, which point of beginning is located a distance of 115 feet south 27 degrees 20 minutes east from an iron pin which in turn is located a distance of 1355 feet south 44 degrees 45 minutes east from the northerly most corner of Land Lot 208; thence running from said point of beginning south 27 degrees 20 minutes east a distance of 303.5 feet, more or less, to an iron pin; thence running south 19 degrees 55 minutes east a distance of 707.25 feet to an iron pin; thence running south 70 degrees 5 minutes west a distance of 1100 feet to a point marked by an iron

Page 3755

pin; thence running north 11 degrees 23 minutes west a distance of 523.45 feet, more or less, to a point on Long Branch, which is an existing boundary of the corporate limits of the City of Dublin; thence running in a generally northeasterly direction 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 Legislation. Notice is hereby given that there will be introduced in the 1971 regular session of the General Assembly of Georgia a bill, or bills, to redefine the limits of the City of Dublin for annexed areas and ward boundaries thereto and to accomplish other purposes. /s/ W. W. Larsen, Jr. Representative, District 42 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. W. Larsen, Jr. 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 20, 27 and March 6, 1971. /s/ W. W. Larsen, Jr. Representative, 42nd District Sworn to and subscribed before me this 6th day of March, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission expires Dec. 16, 1974. (Seal). Approved April 10, 1971.

Page 3756

CITY OF AMERICUSBOND PROVISIONS OF CLERK AND TREASURER CHANGED. No. 686 (House Bill No. 1071). An Act to amend an Act entitled An Act to amend, revise and consolidate the several Acts granting corporate authority of the City of Americus, to convey additional power upon the Mayor and City Council of Americus, to extend the corporate limits of said City and for other purposes, approved November 11, 1889 (Ga. L. 1889, p. 961), as amended, particularly by an Act approved August 20, 1923 (Ga. L. 1923, p. 419), so as to change the bond provision relating to the clerk and treasurer; 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 of the City of Americus, to convey additional power upon the Mayor and City Council of Americus, to extend the corporate limits of said City and for other purposes, approved November 11, 1889 (Ga. L. 1889, p. 961), as amended, particularly by an Act approved August 20, 1923 (Ga. L. 1923, p. 419), is hereby amended by adding between the words in the sum of and the words ten thousand in the first paragraph of section 21 the following: not less than, and by adding between the words and symbols ten thousand ($10,000.00) dollars, and the words which bond shall be payable the following: the exact amount of which bond shall be set by the mayor and council,, so that when so amended the first paragraph of section 21 shall read as follows: Section 21. Be it further enacted, That the clerk and

Page 3757

treasurer of said city shall discharge all the duties imposed by this charter and the laws and ordinances of the city, and as may be required of him by the Mayor and City Council of Americus; and shall give bond with good security in some approved surety company, in the sum of not less than ten thousand ($10,000.00) dollars, the exact amount of which bond shall be set by the mayor and council, which bond shall be payable to, jointly and severally, the Mayor and City Council of Americus, the Bond Commission of Americus, the Debt Commission of Americus, and the Board of Public Education for the City of Americus, and shall be conditioned as follows: (a) That said clerk and treasurer shall truly and faithfully perform his duties, as provided by law and as required by the Mayor and City Council of Americus; (b) That said clerk and treasurer shall truly and faithfully keep, protect and account for all public funds, sums and amounts, coming into his hands as such clerk and treasurer and as provided by law; (c) That said clerk and treasurer shall truly and faithfully account for and turn over to the Bond Commission of Americus (created by this Act), as and when the same are collected, all funds collected from the assessment and levy by the Mayor and City Council of Americus of a tax for the payment of the principal and interest due or to become due on the bonded indebtedness of the Mayor and City Council of Americus; (d) That said clerk and treasurer shall truly and faithfully account for and turn over to the Debt Commission of Americus (created by this Act), as and when the same are collected, all funds collected from the assessment and levy by the Mayor and City council of Americus of a tax for the payment of the indebtedness (commonly called floating indebtedness) of the Mayor and City Council of Americus (not including bonded indebtedness) which was outstanding, existing and owing on January 1st, 1923; (e) That said clerk and treasurer shall truly and faithfully account for and turn over to the Board of Public

Page 3758

Education for the City of Americus all funds collected from the assessment and levy by the Mayor and City Council of Americus of a tax to maintain a system of public schools, as now established by law; (f) That said clerk and treasurer shall pay out the funds of the Mayor and City Council of Americus only in accordance with and strictly as provided by the terms and conditions of the Act approved August 16th, 1920 (Acts 1920, pages 720 to 724), establishing an efficiency and economy commission and providing for an annual budget of expenditures. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. This is to serve notice that there will be introduced in the 1971 Session of the Georgia Legislature a bill to amend Section 27 of the Charter of the City of Americus (Ga. L. 1889, Act No. 624, section 21: Ga. L. 1925, Act No. 762, section 1, Paragraph 2) so that the Clerk-Treasurer of the City of Americus shall give bond with good security in some approved surety company, and the sum set by the mayor and alderman of the mayor and city council of Americus, but which sum shall not be less than ten thousand dollars ($10,000.00). Oliver Oxford Representative, District 46, Post 1 Janet S. Merritt Representative, District 46, Post 2. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Oliver Oxford who, on oath, deposes and says that he is Representative from the 46th District, and that the attached copy of Notice of Intention

Page 3759

to Introduce Local Legislation was published in the Americus Times-Recorder which is the official organ of Sumter County, on the following dates: February 15, 22 and March 1, 1971. /s/ Oliver Oxford Representative, 46th District Sworn to and subscribed before me this 6th day of March, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large My Commission expires Dec. 16, 1974. (Seal). Approved April 10, 1971. OFFICE OF TAX COMMISSIONER OF CLINCH COUNTY CREATED. No. 687 (House Bill No. 1073). An Act to consolidate the offices of Tax Receiver and Tax Collector of Clinch County into the office of the Tax Commissioner of Clinch 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 an effective date; 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

Page 3760

of Clinch County are hereby consolidated and combined into the one office of the Commissioner of Clinch 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. Consolidation. 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 Clinch 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. 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. Section 3 . The Tax Commissioner shall receive for his services as such an annual salary of $9,600.00 payable in equal monthly installments from the funds of Clinch 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 Clinch 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,

Page 3761

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. Public funds. Section 5 . (a) The governing authority of Clinch County shall have the authority to fix the number and compensation of such personnel as they shall deem necessary to assist the Tax Commissioner in discharging his official duties, but the Tax Commissioner shall have the sole right to select the individuals so employed. Personnel. (b) 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. Section 6 . All taxes due and payable to Clinch 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 7 . This Act shall become effective on January 1, 1973, except section 2 of this Act shall be effective before that time for the purpose of holding the election provided for in said section 2. 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 1971 session of the General Assembly of Georgia a bill to consolidate the offices of the tax receiver and tax collector of Clinch County into the office of the tax commissioner of Clinch County, effective January 1, 1973;

Page 3762

to provide for all matters pertaining thereto; and for other purposes. This 5 day of February, 1971. Harry D. Dixon Representative, 65th District Ottis Sweat, Jr. Representative, 65th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon 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: February 12, 19 and 26, 1971. /s/ Harry D. Dixon Representative, 65th District Sworn to and subscribed before me, this 6th day of March, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. BUTTS COUNTYTWO BOARD OF EDUCATION MEMBERS MAY COME FROM CERTAIN DISTRICTSREFERENDUM. No. 688 (House Bill No. 1076). An Act to provide that the Grand Jury selecting members of the County Board of Education of Butts County shall

Page 3763

be authorized to select up to and including two members of the Board from any militia district having a population of 1,000 persons or more according to the United States Decennial Census of 1970 or any such future census; 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 Grand Jury of Butts County shall be authorized to select up to and including two members of the Board of Education of Butts County from any militia district having a population of 1,000 persons or more according to the United States Decennial Census of 1970 or any such future census. Section 2 . Not less than 10 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 Ordinary of Butts County to issue the call for an election for the purpose of submitting this Act to the voters of the Butts 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 90 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: YES () NO () Shall the Act authorizing the Grand Jury of Butts County to select two members to the Board of Education of Butts County from militia districts having a population of 1,000 or more persons be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election

Page 3764

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 to 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 1971 session of the General Assembly of Georgia a bill to provide that the Grand Jury selecting members of the County Board of Education of Butts County shall be authorized to select up to and including two members of the board from any militia district having a population of one thousand persons or more according to the United States Decennial Census of 1970 or any such future census and for other purposes. Phillip Benson Ham Representative, 33rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Phillip Benson Ham 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 18, 25 and March 4, 1971. /s/ Phillip Benson Ham Representative, 33rd District

Page 3765

Sworn to and subscribed before me, this 5th day of March, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. TOWN OF BROOKSCORPORATE LIMITS CHANGED. No. 689 (House Bill No. 1079). An Act to amend an Act creating a new charter for the Town of Brooks in the County of Fayette, approved August 18, 1913 (Ga. L. 1913, p. 629), so as to change 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 creating a new charter for the Town of Brooks in the County of Fayette, approved August 18, 1913 (Ga. L. 1913, p. 629), 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. Be it further enacted that the corporate limits of said Town shall contain all those lands lying and being in Land Lots 37, 38, 58, 59, 60, 69, 70, 71, 90, 91, 92, 101 and 102 of the 4th Land District of Fayette County, Georgia. 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

Page 3766

the 1971 Session of the General Assembly of Georgia, a bill to amend the charter of the Town of Brooks as contained in an Act of the General Assembly of Georgia approved August 18, 1913, as contained in Ga. L. 1913, p. 629, et seq., to re-define and enlarge the corporate limits of said town, to repeal conflicting laws and for other purposes. This 15th day of February, 1971. H. R. Langford, Mayor Town of Brooks Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clayton Brown, Jr. 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 Fayette County News which is the official organ of Fayette County, on the following dates: February 17, 24 and March 3, 1971. /s/ Clayton Brown, Jr. Representative, 32nd District Sworn to and subscribed before me, this 8th day of March, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971.

Page 3767

TOWN OF FORT OGLETHORPECORPORATE LIMITS CHANGED. No. 690 (House Bill No. 1080). 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 9, 1959 (Ga. L. 1959, p. 2602), an Act approved April 5, 1961 (Ga. L. 1961, p. 3487), and an Act approved March 3, 1962 (Ga. L. 1962, p. 2589), so as to change 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 Oglethorpe, approved February 17, 1949 (Ga. L. 1949, p. 703), as amended, particularly by an Act approved March 9, 1959 (Ga. L. 1959, p. 2602), an Act approved April 5, 1961 (Ga. L. 1961, p. 3487), and an Act approved March 3, 1962 (Ga. L. 1962, p. 2589), is hereby amended by adding a new section, to be known as section 2D, to read as follows: Section 2D. The Town of Fort Oglethorpe, in addition to all other described area and territory included within the existing corporate limits, shall also include the property described below: (1) All that area and territory including avenues, streets, highways and rights-of-way of avenues, streets, and highways within that area beginning at a point wherein the western boundary of the right-of-way of U. S. Highway 27 crosses the city limits of the Town of Fort Oglethorpe at its junction with Patterson Avenue; thence north adjacent to the existing corporate limits along the western boundary of the right-of-way of U. S. Highway 27 to a point on the southern boundary of the right-of-way of Cloud Springs Road; thence east along the southern boundary of the right-of-way of Cloud Springs Road to a point at the intersection of the southern boundary of the right-of-way of Cloud Springs Road and the eastern boundary of the right-of-way

Page 3768

of U. S. Highway 27; thence south along the eastern boundary of the right-of-way of U. S. Highway 27 to a point at the intersection of the eastern boundary of the right-of-way of U. S. Highway 27 and the northern boundary of the right-of-way of Patterson Avenue; thence east along the northern boundary of the right-of-way of Patterson Avenue to a point at the intersection of the northern boundary of the right-of-way on Patterson Avenue and the corporate limits of the Town of Fort Oglethorpe; thence south along the corporate limits of the Town of Fort Oglethorpe to a point on the southern boundary of the right-of-way of Patterson Avenue; thence west along the boundary of the right-of-way of Patterson Avenue adjacent to the corporate limits of the Town of Fort Oglethorpe to the point of beginning; and (2) All that area and territory including avenues, streets, highways and rights-of-way of avenues, streets, and highways within that area beginning at a point wherein the eastern boundary of the right-of-way of U. S. Highway 27 intersects with the northern boundary of the right-of-way of Cloud Springs Road; thence east along the northern boundary to a point at the intersection of the northern boundary of the right-of-way of Cloud Springs Road and the western boundary of the right-of-way of Cross Street; thence north along the western boundary of the right-of-way of Cross Street to a point at the existing corporate limits of the Town of Fort Oglethorpe; thence east along the corporate limits of the Town of Fort Oglethorpe to a point at its intersection with the eastern boundary of the right-of-way of Cross Street; thence south along the eastern boundary of the right-of-way of Cross Street adjacent to the existing corporate limits of the Town of Fort Oglethorpe to a point at the intersection of the southern boundary of the right-of-way of Cloud Springs Road and the eastern boundary of the right-of-way of Cross Street; thence west along the southern boundary of the right-of-way of Cloud Springs Road to a point at the intersection of the southern boundary of the right-of-way of Cloud Springs Road and the eastern boundary of the right-of-way of U. S. Highway 27; thence north along the eastern boundary

Page 3769

of the right-of-way of U. S. Highway 27 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. In order to promote uniform law enforcement between contiguous areas of Fort Oglethorpe, Legislation will be introduced in the current session of the General Assembly to annex the following roads and streets into the Town of Fort Oglethorpe, Georgia. A. Highway 27 from Patterson Avenue North to Cloud Springs Road. B. Cloud Springs Road, at Highway 27 East, to the existing City limits at Cross Street. C. Cross Street as it adjoins the City limits at Cloud Springs Road North to the Northern Boundary of the City limits at Lakeview High School. D. Patterson Avenue from Highway 27 East to the existing City limits at Winifred Drive. This the 15th day of February, 1971. /s/ Wayne Snow, Town 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 Catoosa County News which is the official

Page 3770

organ of Catoosa County, on the following dates: February 18, 25 and March 4, 1971. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 3rd day of March, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. CITY OF ARAGONNEW CHARTERREFERENDUM. No. 691 (House Bill No. 1083). An Act to create a new Charter for the City of Aragon, Georgia; to define the corporate limits; to provide for the general powers of said City; to provide all valid ordinances; to provide for a mayor and councilmen, their powers, duties and functions; to provide for the passage of ordinances; to provide for the meetings of the City Council; to provide for the eligibility requirements of the mayor and councilmen; to provide for the compensation of said mayor and councilmen; to provide for elections; to provide for the filling of vacancies in the offices of mayor and councilmen; to provide for the taking of office by said officials and the oath in connection therewith; to provide for tie elections in said City; to provide for qualification and registration of voters in said City; to provide for a recorder's court in said City and the procedure in such court; to provide for ad valorem taxation by said City, and the procedure in connection therewith; to provide for licensing and regulation of trades and occupations; to provide for the maintenance and

Page 3771

construction of streets, roads and sidewalks in said City; to provide for the maintenance and establishment of utility systems in said City, and the collection of charges in connection therewith; to provide for the creation and alteration of a Fire District in said City; to provide for planning and zoning regulations in said City; to provide for condemnation of private property by said City; to authorize said City to contract debts and issue bonds; to expressly enumerate certain powers of said City; to provide that the powers enumerated in this Act shall not be restrictive; to provide restrictions upon the sale of property by said City; to provide an effective date; to repeal a specific Act; 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 City of Aragon in the County of Polk is hereby incorporated under the name and style of the City of Aragon. Said City of Aragon as a municipality shall have perpetual succession and is vested with the right to contract and be contracted with, to plead and interplead, to sue and be sued in the name of the City of Aragon, to buy, own, enjoy, and sell property of all kinds, and to have and use a common seal and do all other things and Acts as may be necessary or needful to exercise such rights, powers, functions, privileges and immunities as ordinarily belong to municipal corporations generally under the law, as well as those hereinafter enumerated. Said corporate body under the name and style of the City of Aragon shall have all the rights, powers, 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 to law any interest in any real or personal property of whatsoever kind or nature or description within or without the limits of said City for corporate purposes, subject to the restrictions contained in this Act. Said City shall have the right to adopt such ordinances, rules, regulations and resolutions for the welfare and proper government of the City and for the transaction of the business thereof as may be deemed good and proper, consistent with the laws

Page 3772

and Constitution of the State of Georgia and of the United States. Incorporated. Section 2 . Description of Limits: Beginning at a point due north of the United States Post Office at Aragon, Polk County, Georgia, on the dividing line between the land now or formerly owned by the Walcott and Campbell Spinning Company and the farm now or formerly owned by A. H. McBryde, being the north line of the Walcott and Campbell Spinning Company, and the south line of the A. H. McBryde farm, thence in an easterly direction along the north line of the land now or formerly owned by the Walcott and Campbell Spinning Company and the land now or formerly owned by the Aragon Mills Company, to the Euharlee Creek; thence in a southwesterly direction along the waters edge on the west side of said Euharlee Creek to the intersection of said Euharlee Creek with the Rome and Rockmart public road; thence across said Rome and Rockmart public road in a westerly direction along the land line dividing the farm now or formerly owned by Dr. W. J. Nix from lots now or formerly owned by J. M. Childers, Maude Davitte, H. S. Mayfield, Joe G. Randall, Lee Clark, the Dobb's Estate, Sam Williams, W. A. Cook, J. W. Strange, and Fannie Grant to the Southern Railway right-of-way, said line being the northern line of the farm now or formerly owned by Dr. W. J. Nix and the southern line of the lots now or formerly owned by said J. M. Childers, Maude Davitte, H. S. Mayfield, Joe G. Randall, Lee Clark, the Dobb's Estate, Sam Williams, W. A. Cook, J. W. Strange, and Fannie Grant; thence in a northerly direction along the Southern Railway right-of-way to the lands now or formerly owned by R. L. Clark; thence in a direct westerly direction along the dividing line between the Waddell estate and lots now or formerly owned by F. G. Milholland, John M. Robinson, Claude W. Smith and J. W. Strange, to the southwest corner of lot now or formerly owned by Claude W. Smith and J. W. Strange, said line being the northern line of the Waddell estate and the southern line of lots now or formerly owned by said F. G. Milholland, John M. Robinson, Claude W. Smith and J. W. Strange; thence in a northerly direction along the dividing line between the Waddell Estate, Claude W. Smith, J. W. Strange and F. G. Milholland to

Page 3773

the northwest corner of lots now or formerly owned by F. G. Milholland, said line being the eastern line of the Waddell Estate and the western line of lots now or formerly owned by said Claud W. Smith, J. W. Strange and F. G. Milholland; thence in a direct easterly direction to the Southern Railway right-of-way on the eastern side; thence along the eastern right-of-way of the Southern Railway, in a northerly direction, to the intersection of the right-of-way of the Southern Railway with the northeastern line of the lands now or formerly belonging to the Aragon Mills; thence, in a northerly direction along the dividing line of the land now or formerly owned by the Aragon Mills Company and lands now or formerly owned by the Pulaski Iron Company to where the line of the Aragon Mills Company's land intersects with the dirt road leading from the Rome and Rockmart dirt road to Long's Station; thence in an easterly direction along said road to the Rome and Rockmart road; thence in an easterly direction along the dividing line of the land now or formerly owned by Aragon Mills Company and the farm now or formerly owned by A. H. McBryde to the starting point, said starting point being due north of the United States Post Office at Aragon, Polk County, Georgia. All corners shall be marked with iron posts. Section 3 . The government of the City of Aragon shall be vested in a mayor and four (4) councilmen to be called the City Council to be elected as hereinafter provided: Government. (a) The mayor shall be the chief executive officer of the City; have general supervision of the affairs of the City; and shall see that the laws of said City are executed and the officers of said City are faithful in the discharge of their duties. He shall cause the books and records of said City and of its officers to be inspected. He shall have the right to hire all city employees subject to the approval of the council, and he may suspend any city employee without the necessity of obtaining approval of the council, subject to right of appeal by said suspended employee to the mayor and council. (b) The council of the City of Aragon shall be the legislative

Page 3774

body. It may pass all ordinances for the government of the City. The mayor may veto any ordinance passed by the council, in which event such ordinance shall become null and void unless it shall be repassed by three (3) of the members of the council. The council shall fix an annual budget for the City and approve all expenditures made by the City. (c) The mayor may appoint, subject to the approval of the council, a city marshall, a city clerk, a city treasurer, and a city attorney. He also may appoint such other city employees as may be necessary for the efficient operation of the City, subject to the approval of the council. The treasurer of said City and all other officials and employees of the City who shall sign City checks or handle City money shall be bonded in such amount as may be deemed wise by the City Council. (d) The City Council may adopt a code or ordinance, and may amend and repeal the same or any part of the same. Section 4 . The council shall meet in regular session once each month. Mayor and council shall set a regular monthly meeting date with the right to change said meeting date by giving two weeks' notice of such change in the official newspaper. Special meetings of the council may be called at any time by the mayor or by a majority of the members of the council. The mayor shall preside over all meetings of the council, but shall have no vote, except in case of tie. At the first regular meeting of the council following the regular election of new members thereof, the council shall elect one (1) of its members as mayor pro tem who shall, in the event of the disability or disqualification of the mayor, perform all the duties and exercise all the rights and powers and privileges of the office of mayor. Meetings. Section 5 . To be eligible to be mayor of the City of Aragon, a person shall be at least twenty-five (25) years of age, shall have resided in the City of Aragon for a period of at least two (2) years prior to qualifying as candidate, and shall be a registered, qualified voter of the State of Georgia and of the City of Aragon. To be eligible to be a

Page 3775

member of the council of said City, a person must be at least twenty-one (21) years of age, a resident of the City of Aragon for a period of at least one (1) year prior to qualifying as a candidate, and a registered, qualified voter of the State of Georgia and of the City of Aragon. Should the mayor or any councilman during his or their term of office remove his residence from the limits of said City or cease to be a bona fide resident thereof, his or their office shall thereby become vacant. Mayor's qualifications. Section 6 . The compensation of the mayor shall be set by the mayor and the City Council, not to exceed a maximum sum of fifty dollars ($50.00) per month. The compensation of the City Council shall likewise be set by the mayor and City Council, not to exceed a maximum of twenty-five dollars ($25.00) per month, each. The mayor and councilmen shall not be paid for attending council meetings unless they are present at such meetings. Mayor's compensation. Section 7 . The first election for mayor and councilmen of said City held under this Act shall be held on the first Saturday in December, 1971. At that time there shall be elected a mayor and four (4) councilmen from the City at large. The mayor and two (2) councilmen receiving the highest number of votes shall serve until December 31, 1973, or until their successors are elected and qualified. The other two (2) councilmen receiving the next highest number of votes shall serve until December 31, 1972, or until their successors are elected and qualified. After the first election to be held in 1971, there shall be an annual election on the first Saturday in December of each year for the mayor and councilmen of the City of Aragon whose terms expire in said year. All persons elected shall take office on January 1, next following their election and serve for a term of two (2) years or until their successors are elected and qualified. For the regular annual elections, a person shall qualify with the City Clerk of said City not less than fifteen (15) days and not more than forty-five (45) days prior to the date of the election. To qualify, a candidate must pay the qualification fee set by the mayor and city councilmen. Elections.

Page 3776

Elections are to be held from 7:00 A.M. to 7:00 P.M. at the Courthouse in Aragon, Georgia. Section 8 . In the event that the office of mayor or of councilman of the City of Aragon should become vacant by death, resignation, removal or otherwise, said vacancy shall be filled by an election ordered by the council to take place not more than sixty (60) days from the time such vacancy occurs under the same rules and regulations that govern regular elections in said City. The clerk of said City shall cause notice of the holding of such election, and the time and place thereof, to be published once a week for two (2) weeks prior to said election in a newspaper of general circulation in the City of Aragon. In the event that such vacancy in the office of mayor occurs within six (6) months preceding the expiration of the term of office of said mayor, then in that event, the said vacancy shall be filled by the mayor pro tem for the remainder of the term; and provided further, in the event such vacancy should occur within six (6) months prior to the regular biennial election to be held on the first Wednesday in December, then in that event no special election shall be called or held, and vacancy shall be filled by the mayor pro tem who shall serve until such regular biennial election, and the vacancy shall be filled by election of a mayor for the remainder of the unexpired term. If vacancy occurs in the office of councilman for any reason within six (6) months of regular election, no special election is to be called; in the event a majority of the council shall resign, or vacate office, then in that event a special election shall be called under the same provisions as provided for vacancies occurring prior to six (6) months of regular election. To be eligible for election in any special election authorized by this Section, a person shall qualify with the City Clerk not less than ten (10) and not more than thirty (30) days prior to the date of the election. In the event that the council cannot, for want of a quorum and any other reason, call the elections authorized by this section, it shall be the duty of the Ordinary of Polk County to issue the call for the elections. Vacancies. Section 9 . The mayor and councilmen first elected under

Page 3777

this Act shall take office January 1, 1972. The mayor and councilmen elected at subsequent elections in said City shall take office on January 1 of the year following their election. The mayor and councilmen shall be installed in their office by taking and subscribing the following oath: I do solemnly swear that I will faithfully discharge the duties devolved upon me as mayor or councilman (as the case may be) of the City of Aragon; that I will faithfully execute and enforce the laws of said City to the best of my ability, skill and knowledge; and that I will do all in my power to promote the general welfare of the inhabitants of said City and common interest thereof. Oath. Section 10 . Should any election held in and for said City under the provisions of this Act result in a tie vote, then in that event, the council of said City shall call a special election within ten (10) days; and said special election shall be held in the same manner as any other election, except that no person shall be a candidate in said special election other than those who received the same number of votes in the prior election; and no person shall be allowed to vote in said special election unless he or she shall have been qualified to vote in the regular election held just prior to said special election. Special elections. Section 11 . No person shall be allowed to vote in any election held in said City, except he or she be qualified under the provisions of the Constitution and laws of Georgia to vote for members of the General Assembly from the County of Polk, and unless he shall have bona fide and continuously resided in said City of Aragon, as a citizen thereof, for three (3) months next preceding said election at which he offers to vote, and shall have registered as a qualified voter in the manner hereinafter provided. Voter qualifications. Section 12 . There shall be established in the City of Aragon, created by this Act, a permanent registration system for the qualified voters of said City: Registration systems. (a) By April 1, 1971, the City Commissioners or their successors shall provide a suitable book or books for the

Page 3778

registration of qualified voters of said City. On or near the first page of each of such permanent registration books shall be printed or placed the oath prescribed by subsection (c) of this Section. (b) The clerk of said City shall be the ex officio registrar and shall have charge of said registration books, and shall open them for registration of voters within ten (10) days after they are provided, and shall cause notice of such facts to be published in one (1) issue of a newspaper of general circulation in the City of Aragon. Said clerk shall keep said books open for registration of qualified voters at all times when the said clerk's office is open for business, except during the period next preceding the date of any election in said City, when all candidates in such election shall have qualified. (c) Every person, before registering, shall take the following oath, which shall be read by or to the person offering to register, viz: I do solemnly swear that I am eighteen (18) years of age (or will be by the time of the next regular City election) and possess all the qualifications necessary under the Constitution of the State of Georgia to entitle me to vote for members of the General Assembly from the County of Polk, and that I have bona fide and continuously resided in the City of Aragon, as a citizen thereof, for three (3) months (or will by the time of the next City election.) The clerk or deputy clerk shall have authority to administer said oath, and thereafter to permit registration of any such person. All persons registering shall sign their full names and address at the place indicted by the clerk or deputy clerk, who shall immediately thereafter enter at the place provided, the age, sex, and race of each person registering. (d) No person registering as herein provided, or who is now registered, shall be required to again register as a qualified voter of said City, so long as he or she remains

Page 3779

a resident of said City and does not otherwise become disqualified, it being the purpose of this section to provide a permanent registration of the qualified voters of said City. (e) Whenever any election is to be held in and for said City, the said registration books are to be closed at the time when candidates for such election may no longer qualify and deliver to the City Commissioners, or their successors in office, who shall appoint some person or persons, not exceeding three (3) in number as registrar or registrars for the City of Aragon. Said registrar or registrars shall be residents of said City, and before entering on their duties shall be sworn to faithfully and impartially perform the duties of their office. It shall be the duty of said registrar or registrars to make from said registration books, a list of voters qualified to vote in said election, and, in making such lists, to exclude therefrom the names of all persons on the books who have died or removed from the limits of said City, or who are otherwise disqualified for any lawful reason; provided, however, that they shall not exclude the name of any registered person, who is still a resident of said City, from said list as disqualified, without first serving such person with a notice to show cause why his (or her) name should not be excluded. Such notice shall state the time and place of the hearing as to such disqualification, and shall be served on each person at least twenty-four (24) hours before the time of such hearing (leaving at the most notorious place of abode shall be deemed and held to be sufficient service). Such person shall be allowed to appear and submit evidence as to his qualification. Said registrar or registrars shall have power to subpoena witnesses, to compel their attendance and the production of records and documents, administer oaths, and to determine the qualification or disqualification of all voters. After the completion of any such hearing, said registrar or registrars shall strike from the permanent registration books and from the voters' list the names of all persons found to be deceased or disqualified to vote. Thereafter they shall prepare three (3) identical lists of the voters qualified to vote in said election, and certify the same. One copy of the same shall be retained, and two (2) copies shall be filed with the clerk of said City, one (1) of which shall be open to inspection

Page 3780

during said clerk's office hours, and the other copy shall be safely kept and delivered to the managers of said election when the polls open, Said registrar or registrars shall complete said lists at least two (2) days before said election. (f) No person shall be allowed to vote in said election whose name does not appear on the list certified by the registrar or registrars, unless he shall produce a certificate signed by the registrar, or a majority of the registrars, that his name was omitted therefrom by accident or mistake. (g) The City of Aragon shall have full power to define and provide for the punishment of illegal registration and illegal voting, and to provide additional rules and regulations governing the registration of voters and qualification of candidates for elections and such other election rules as may become necessary. It shall also fix the compensation to be paid by the City to such registrar or registrars, and may designate the clerk of said City to act as a registrar or as one of the registrars provided for under this Section if they deem proper. Section 13 . There shall be established in the City of Aragon a recorder's court which shall be clothed with all the power and authority usually conferred upon such courts in this State, as well as those hereinafter set forth: Recorder's Court. (a) Said court shall be held as often as necessary for the trial of offenders. The mayor shall preside over said court and perform the duties thereof unless the mayor and council shall have appointed a recorder. The mayor and council may appoint any upright and intelligent citizen of the City to be recorder. The chief police officer of the City or other police officers shall attend said court and perform all such duties therein and in the enforcement of its sentence as they may be required by ordinances of said City or by the orders of the judge of said court. (b) The jurisdictional limits of said court shall include the corporate limits proper of said City; and said court shall have jurisdiction to try offenses against the laws and

Page 3781

ordinances of said City, committed within the said jurisdictional limits. (c) The mayor or recorder, when sitting as such court, shall have the power and authority to punish for contempt by fine not exceeding one hundred dollars ($100.00) and imprisonment in the prison of said City not to exceed ten (10) days, either or both, in the discretion of said court. (d) Upon the conviction of any defendant of violation of any law or ordinance of said City, said court will have the right to sentence said defendant to pay a fine not exceeding three hundred dollars ($300.00) and to imprisonment in the prison of said City or in the common jail of Polk County, not exceeding ninety (90) days, and to work and labor in the City chain gang or on the streets or public works of said City, whether within or without the corporate limits, not exceeding ninety (90) days, either or all or any part of all. And all sentences may be in the alternative, and fines may be imposed with the alternative of the other punishment in the event the fines are not paid. Said court shall have power to assess costs against each defendant convicted, to be collected and enforced, in addition to, and in the same manner as fines; all of which costs and fines shall be paid into the City Treasury. And said court may issue executions for any unpaid fines and costs, to be enforced in the same manner as ad valorem tax executions are enforced. (e) All cases made in said court shall be in the name of the City of Aragon; all warrants for offenses against the laws and ordinances of said City shall be signed by the presiding officer of said court, or the mayor of said City, or some officer authorized by law to issue State Warrants; and all other processes of said court, including subpoenas, summonses, et cetera, shall be signed by the recorder, except summonses to court which may be signed by police officers, and shall bear teste in the name of the mayor. (f) The mayor or recorder shall have power to administer oaths and perform all other acts necessary or proper in the conduct of said court, and, where it appears that a

Page 3782

State law has been violated, shall have power to bind the offender over to the proper court of Polk County for trial, to assess bail for his appearance, and to commit to the jail of Polk County, in default of bond. (g) Said court shall have the right to compel the attendance of witnesses, within or without jurisdictional limits of said City; and may issue attachments where necessary to secure the attendance of witnesses, which may be served by any sheriff, policeman, deputy sheriff or any constable in any county in this State; but said City shall not be required to incur any expenses in securing the attendance of a nonresident subpoenaed by a defendant. (h) Said court shall have the power to fix bail, accept bond for the appearance of defendants, and to forfeit and enforce collection of said bonds. Upon failure of a defendant to appear in accordance with the terms of his bond, he shall be solemnly called to come into court and on the failure to do so, said court shall issue a scire facias directed to the marshall and other police officers of said City and to all and singular the sheriffs, their lawful deputies, and constables of said State, and be served upon said principal as soon as possible and upon his surety, service upon surety alone shall be sufficient, which scire facias shall be returnable upon a date fixed in said scire facias, not earlier than thirty (30) days thereafter; that upon failure to show good cause, a rule absolute issue on the date and be enforced in the same manner as tax executions are enforced in said City. And where any person charged with an offense against the laws or ordinances of said City has deposited or had deposited in his behalf cash in lieu of a bond for his appearance, and fails to appear at the time appointed to answer said charge, said court shall have power to forfeit said cash bond instanter and order same paid into the treasury of said City. Said court shall have power to issue warrants for the rearrest of any defendant whose bond has been forfeited, or who fails to appear in court. (i) Said court shall have full power and authority, and the council is hereby empowered to adopt such rules and

Page 3783

regulations as may be necessary to perfect the functions of said court and the enforcements of its judgments. Section 14 . All persons owning property in said City shall be required to make a return under oath, annually, to the board of tax assessors of said City, of all their property, real and personal, subject to taxation by said City, as of January 1 of each year; and the books for recording same shall be open on January 1 and close on March 1 of each year. Said property shall be returned by the property owner on blanks furnished for that purpose by the City of Aragon at the fair market value thereof. The City shall have the right to levy tax on all real and personal property within the corporate limits of said municipality. Tax returns. Section 15 . The mayor and council of the City of Aragon shall have the power and authority to levy and collect an annual ad valorem tax not to exceed 5 mills on the assessed valuation of all real and personal property within the corporate limits of the City for the purpose of raising revenues to defray the cost of operating the City Government, providing governmental services, and for any other public purposes. Tax. Section 16 . The mayor of said City, within a reasonable time after the approval of this Act, and annually thereafter, on or before the first regular meeting of the City Council in January, shall select three (3) upright freeholders residing in said City as a board of tax assessors. The mayor shall fix the per diem compensation of said tax assessors, which shall not exceed fifteen dollars ($15.00) per day for each tax assessor. Vacancies on said board may be filled by the mayor as they occur during the year. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully and impartially perform the duties of said office. It shall be the duty of said tax assessor to assess the value of all real estate and personal property subject to taxation by said City, at its fair market value; and it shall be their duty to examine the tax return made to them by property owners, and to increase the valuation of any real estate or personal property when in their judgment the value placed thereon in any return is too small;

Page 3784

also to decrease the value placed thereon in any return that is too large. The assessors shall have the authority to apply to the mayor for a subpoena to produce any records, books, statements, or papers of any person, firm or corporation doing business or owning property in the City, or any nonresident doing business or owning property in the City, in order for the assessors to determine the true value, or proper owner, of any property in the City, whether or not the property has been returned by the owner. The notice to produce shall set out the records, books, statements, or papers desired by the assessors, the time and place said records are desired, shall be signed by the mayor, and served upon the person, firm, corporation, place of business, or their agent, at least five (5) days prior to the date required by the assessors. Failure to produce such records, books, statements, or papers subpoenaed shall constitute a contempt of the mayor or recorder's court. If any person or corporation fails or refuses to make return of any of his, her or its real estate or personal property, as hereafter required, by the first day of March in any year, said tax assessors shall assess such property of the person, firm or corporation failing to make such return at the fair market value thereof. They shall make a return of their work within thirty (30) days after the close of the books for receiving returns, unless additional time is granted by the mayor and council; when their return is made, said assessors shall appoint a time and place for the hearing of objections to their assessments, and they shall cause notice to be given to all persons whose property valuation has been raised or taxes assessed against their property five (5) days before said hearing, stating the time and place of hearing and the increase so made by said board or valuation placed on said property. Residents of said City shall be served personally or by leaving notice at their most notorious place of abode; and the mailing of such notice ten (10) days before said hearing to a nonresident taxpayer, with postage prepaid, to his last known address shall constitute legal notice to him. Tax assessors. (a) Any person dissatisfied with the assessment made on any of his property under the provisions of this Act shall have the right to appeal from the same council of

Page 3785

said City, provided said appeal be filed in writing with the clerk of said City within five (5) days after the hearing before said assessors, setting forth distinctly the terms of property whose valuation has been raised or assessed, the amount at which same has been assessed, and the fair market value has contended for the appellant; said appeal shall be heard by said council at its next regular meeting, unless continued for cause, and its decision shall be final. The council of said City shall have power and authority, after notice and opportunity for him to be heard, to raise and lower the valuation of any property, real or personal, of any taxpayer, if in their opinion it is returned and assessed below its fair market value of above its fair market value. (b) The council shall also have the power to provide for the collection of taxes on property subject thereto which is not returned and not shown on the digest of tax assessors; and to make such additional regulations as they deem necessary to secure the payment of taxes on all property subject thereto. Section 17 . The taxes of said City shall fall due semiannually on June 1 and October 1 of each year, and tax executions shall be issued against all persons who have not paid their taxes by that time. All tax executions shall be signed by the clerk, and bear teste in the name of the mayor of said City. The marshall or other police officers of said City, the sheriffs, deputy sheriffs and constables of this State shall have authority to execute same by levy and sale and the other means provided by Chapters 92-43 and 92-44 of the Code of Georgia of 1933, as now or hereafter amended. Also, full power of the tax procedure as granted to municipalities as shown in Title 92 of the Code of Georgia of 1933, as now or hereafter amended, is hereby made part of this Chapter. Taxes due. Section 18 . The City of Aragon shall have full power and authority to license, regulate, control or prohibit theatrical exhibitions, merry-go-rounds, circuses, dance halls, skating rinks, shows and exhibitions of all kinds, drays, automobiles, jitneys, trucks, taxis, and public or

Page 3786

private vehicles of all kinds, traveling vendors of patent medicines, soaps, notions, and all other articles; also, hotels, boarding houses, restaurants, lunch stands, drinking stands, fish stands or markets, meat markets, mercantile establishments, chain stores, laundries, billiard, 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; also, bakeries, dairies, barber shops, livery stables, sales stables, slaughter houses, tanyards, garage or motor vehicle repair shops, blacksmith shops, gins, sawmills, planing mills; also, auctioneers, peddlers, and pawn brokers; all agents of fire, health, accident, indemnity, casualty, and life insurance companies; the sale of all kinds of beverages, cigars, cigarettes, and tobacco products of all kinds; 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 this State are subject to license. And said City shall have the power to require registration of, and to assess and collect a license tax on all such businesses, et cetera, and all other businesses, trades, professions, occupations, or callings conducted or engaged in within the corporate limits of said 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 by execution in the same manner as ad valorem taxes due said City; and said City may require the registration of, and payment of license tax on, all such businesses, et cetera, as a prerequisite to the right to operate or engage in said business in said City, and shall have power to punish any one conducting or engaging in any such business, et cetera, without first registering and paying said license taxes. Said 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. Powers. Section 19 . The City of Aragon shall have full power and authority in their discretion to grade, pave, macadamize and otherwise improve for travel and drainage the streets, sidewalks, and public lanes and alleys of said City; to put down curbing, cross drains, crossings, intersections, and

Page 3787

otherwise improve the same. In order to carry into effect the authority above delegated, the Act of the General Assembly of Georgia, approved August 25, 1927 (Ga. L. 1927, pages 321-335), (Chapter 69-4 of the Code of Georgia, as amended, with the exception of Code section 69-402), providing a method for making improvements in municipalities having a population of six hundred (600) or more population, is hereby adopted and made a part of this Act, and the council of the City of Aragon, created by this Act, is hereby made the governing body referred to and authorized to act under the terms of said Act hereby adopted and made a part hereof and any future amendments thereto. Section 20 . The City of Aragon shall have full power and authority to furnish water, electric lights and power, gas, heat, and other public utility service for the public use in and out of said City, and for private use and charge therefor: to own, construct, enlarge, operate, and maintain a system of waterworks and sewerage, a system of electric light and power lines, a system for the manufacturing and/or supplying gas and/or heat, and any other public utility system or plants; to purchase or generate electric energy, atomic energy; and to maintain the supplying of said public utility service, or to contract for any of the above services. Section 21 . Said City of Aragon shall have full power and authority to regulate and enforce the collection of and insure payment of, charges for supplying of water, electric lights and power, energy, gas, heat, and sewer service by the following methods: (a) By making said charges for water, electric energy, gas, heat and sewer service in accordance with proper rules, regulations, and ordinances passed by the mayor and council, and in case prompt payment is not made for any such service, it may be provided that the water, electric light and power energy, gas, heat or sewer service shall be shut off from the building, place or premises, and shall not be compelled to again supply said building, place or premises, until said arrears, with interest thereon, is fully

Page 3788

paid. When the person who fails to pay for said service is not the owner of said building but is a tenant or other person in possession or having the right to possess, said arrears shall be collected from said person and shall not impair future tenants occupying buildings of rented premises. (b) Said City shall have full power to require prompt payment in advance for all water, electric energy, gas, heat and sewer service furnished by said City; or require of each consumer or person served reasonable deposit, which may be varied according to the estimated consumption, to insure the prompt payment for such services, and shut off and refuse to furnish water, electric energy, gas, heat, and sewer service where payment in advance or deposit, as the case may be, is not promptly paid; and to enforce by execution against any consumer or person served, in the same manner as ad valorem taxes are enforced, any unpaid charges for water, electric energy, gas, heat or sewer service. Should any consumer fail to pay all water, or electric light, gas, heat, or sewer charges due by him to said City, then the said City may cut off water, light, gas, heat, or sewer services from the premises and, should he move to another place in the City, refuse to furnish such service at the new place of residence unless and until all past due accounts are paid in full. (c) Said City shall have power to adopt all necessary ordinances to put either method in force in said City, and to change from one method to the other in their discretion, and to adopt such methods of enforcing said charges as they may deem necessary and proper. (d) The provisions of this Section shall be applicable to charges for any public utility-service provided or furnished by said City, including water, electric energy, gas, heat, and sewer service, and the enumeration of particular classes of service shall not be construed as to exclude any other service that may be provided or furnished by said City, from the operation and provisions of this Act. Section 22 . The City of Aragon is authorized to enact

Page 3789

any and all ordinances, rules and regulations necessary to lay out and prescribe a fire district in said City, and to enlarge, change, or modify its limits from time to time; to prescribe when, how and of what material buildings in said limits may be erected, repaired, or covered, how thick the walls may be, how the chimneys, stoves, pipes, and the flues are to be constructed; to provide for fire escapes in said building; and generally do all such things and to pass such laws and ordinances as the City may deem necessary in order to protect said City as far as possible from fire, and to prevent the spread of fire from one building to another, and for the protection and safety of the people. It shall also 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 and to make the owner of the premises pay the expenses of such changes or removal, which expenses may be collected as taxes are collected; and if any person, firm or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of said City, the City may order such building removed or altered and if such person, firm or corporation shall not remove or alter such buildings after notice to do so, as may be prescribed, then said mayor and council shall have the authority to remove or alter the same at the expense of the owner, which expense may be collected by execution issued and enforced in the same manner that executions for ad valorem taxes are enforced. Ordinances. Section 23 . (a) The City of Aragon 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 purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property; or for the purpose of regulating the height of the buildings, fences, or other structures, or the area or dimensions of lots or of the yards used in connection with buildings 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 one or more of the purposes above described. The City may be divided into

Page 3790

such number of zones or districts, and such districts may be of such shape and area as the mayor and council shall deem best suited to accomplish the purposes of the zoning regulations. In the determinations and establishment of districts and regulations, classification may be based on the nature or character of the trade, industry, 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 buildings; the public, quasi-public, or private nature of the use of premises; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity, or welfare. Said mayor and council may provide by ordinances for a zoning commission to be composed of not more than three (3) members to be elected by said mayor and council and to prescribe their powers and duties; and are authorized to provide the method of appeal from finding of said zoning commission; and to provide for a board of zoning appeals, to be elected by said mayor and council, to hear such appeals, and to provide their powers and duties; and to provide for the right of certiorari from said board of zoning appeals to the Superior Court of Polk County. Zoning. (b) In addition to the above power of planning and zoning, the City of Aragon is authorized to adopt any Act of the General Assembly conferring planning and zoning powers upon municipalities, counties or municipalities and counties. Section 24 . The City of Aragon shall have full power and authority to condemn private property, both within and without the City, for any public purpose, such as establishing public streets, sidewalks, parks, and playgrounds; for rights-of-way for any electric light, water supply, gas, or sewer line, or sewerage disposal plant; for sites for the building or enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, electric light and power plant, gas works and system, sewerage system, including line and disposal plants, or any other department of said City; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the City shall desire

Page 3791

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 to trustees, executor, administrator, guardian or agent, and all proceedings for condemnation shall be in the manner provided by general laws of the State of Georgia for condemnation of private property by town and cities as contained in the Code of Georgia of 1933, as now or hereafter amended. Eminent domain. Section 25 . The Council of said City of Aragon shall have power and authority to contract debts and issue bonds of said City as the valid obligations thereof, under and in accordance with the limitations provided in the Constitution and laws of this State, for the purpose of refunding valid existing debts, establishing, improving and maintaining a water supply system, establishing, maintaining and improving a sewerage system, a system of lights or electric power, and other public service or utility system, for the paving or otherwise improving streets, sidewalks, or public places and public buildings and for any other improvement, convenience, or necessity for the use of said City or the citizens thereof, or for any other lawful purpose. Section 26 . In addition to the power and authority vested in said City of Aragon, by the general laws of this State, which are made a part of the Charter, including any future amendments to said general laws of this State relating to municipal corporations, and to those heretofore and herein granted by this Act, the said mayor and council are hereby authorized and empowered to adopt such ordinances and regulations as they may deem proper, not in conflict with the Constitution and laws of the United States or of this State: (a) To protect and advance the morals of said City; to secure peace, good order, and quiet in said City; and to protect health of said City, to prevent the spread of and to suppress infectious, contagious, or dangerous diseases in said City; (b) To create and elect a Board of Health in said City

Page 3792

and to prescribe its powers and duties, and to maintain said Board; to provide for the quarantine in and treatment of contagious, infectious, or dangerous diseases in said City, and to cooperate in the management and control of any public hospital or clinic for treatment generally of diseases and accidents, and to contribute money to the same; (c) To own and regulate cemeteries and parks, either within or without the said City, to establish, control and govern a municipal market in the said City, to own or contribute to the support and maintenance of swimming pools, golf links, parks and playgrounds, either within or without the corporate limits of said City; (d) To regulate and prohibit the keeping of explosives and other dangerous substances in the fire limits and at other places in said City; to regulate or prohibit sale and shooting of fireworks and other explosives in said City; and to regulate the erection and maintenance of steam boilers and electrical apparatus in said City; (e) To regulate the character of buildings to be erected in said City, and to adopt and enforce building requirements and/or permits, and to condemn buildings which are or may become dangerous to life or health, and require the removal or repair of same and to regulate plumbing and electric wiring in structures in said City; (f) To prevent or condemn encroachment or obstructions in, upon or over any sidewalk, street, or alley, and to require removal of such; (g) To grant and revoke franchises, easements, and rights-of-way over, in, under, or along the public streets, sidewalks, alleys, parks, or other property of said City, on such terms and conditions as may be prescribed; and to regulate all public services or utility corporations doing business in said City in any manner not in conflict with State or Federal Law; (h) To establish, equip, and maintain a fire department;

Page 3793

(i) To define and prohibit nuisances within the corporate limits of said City, and to prescribe the mode of trial for all nuisance cases, and to abate the same; (j) To provide, equip, and maintain a prison and chain gang, and to regulate the same; and to provide for the working of convicts on the streets of said City, or any public works of said City, both within and without the corporate limits; (k) To prescribe and regulate the use of its streets and to classify said streets, and regulate the use thereof according to such classifications; to prohibit the sale or barter of any merchandise or thing from any stand, vehicle, or conveyance on the public streets, sidewalks, or ways of said City; to limit and regulate the speed of all animals, vehicles, or motor vehicles on said streets and the operation thereof; to prescribe and regulate the fees of drays, hacks, taxis, jitneys, and transfer companies operating in said City, and to regulate the operation thereof; (l) To suppress and prohibit houses where illegal, immoral, or disorderly practices are had; (m) To lay out and open new streets and alleys and close abandoned streets and alleys in said City; and to change the grades thereof; (n) To 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; (o) To require connection with sewerage by property owners whose property abuts on streets having sewer mains therein. Section 27 . The enumeration of powers contained in this Act shall not be considered as restrictive; but the City of Aragon and the authorities of said City may exercise all powers, rights, and jurisdiction as they might if such

Page 3794

enumeration were not made, and the council may pass all laws and ordinances, rules and regulations they may deem needful and proper for the general welfare and protection of said City; and where under this Charter rights are conferred or powers granted, but the manner of exercising them is not fully defined, the council may prescribe additional regulations and modes or procedure, not repugnant to the interest and purpose of this Act or the laws of this State. Section 28 . It shall be the duty of the present City Commissioners to insure that the provisions of this Act are carried out, and that said election is held in accordance therewith. Section 29 . An Act granting a new Charter to the City of Aragon, approved July 23, 1914 (Ga. L. 1914, p. 371), is hereby repealed in its entirety. Section 30 . It shall be the duty of the Commissioners of the City of Aragon to issue the call for an election for the purpose of submitting this Act to the voters of said City for approval or rejection. The Commissioners shall set the date of such election for the first Wednesday in June, 1971. The Commissioners 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 Polk County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act creating a new Charter for the City of Aragon and providing for a Mayor and Council form of government be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Aragon. It shall be the duty

Page 3795

of the Commissioners 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 Commissioners 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. Section 31 . 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 1971 Session of the General Assembly of Georgia, a bill to create a new charter for the City of Aragon; to provide for the election of the mayor and council; to provide for the qualifications, compensation, powers and duties of the mayor and council; to provide for all other matters relative to the foregoing; to provide for a referendum; and for other purposes. This 16th day of Feb., 1971. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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 18, 25 and March 4, 1971. /s/ Nathan Dean Representative, 19th District

Page 3796

Sworn to and subscribed before me, this 8th day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. CITY OF AUGUSTA PENSION SYSTEM AMENDED. No. 693 (Senate Bill No. 82). An Act to amend an Act providing a pension system for the retirement of certain employees of the City of Augusta, approved February 25, 1949 (Ga. L. 1949, p. 1070), as amended, so as to provide for an increase of benefits for retired employees based on the United States Consumer Price Index; to provide for vested pension rights for employees and early retirement with a reduced percentage of accrued benefit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing a pension system for the retirement of certain employees of the City of Augusta, approved February 25, 1949 (Ga. L. 1949, p. 1070), as amended, is hereby amended by adding subparagraph (1) to section 7 to read as follows: (1) On the December 31 coinciding with or next following the date of retirement and commencement of retirement payments to a retired employee, the United States Consumer Price Index for the year ending on that December 31 shall be posted to the retiree's record. On each subsequent December 31 thereafter, while the employee is receiving his monthly retirement payment, the payment shall be adjusted on April 1st of each year by multiplying the

Page 3797

amount of the monthly payment received during the year just ending by the Index Ratio. The Index Ratio is attained by dividing the Consumer Price Index for the current year extending on the current December 31 by the Consumer Price Index for the year immediately preceding the current year. If the Index Ratio is equal to 1.02 or more or is equal to.95 or less, each retiree's monthly payment shall be increased or decreased by the amount of the Index Ratio for that year. If the Index Ratio is between.95 and 1.02, then the retirement payments shall not be increased for the forthcoming year. In this event, the Consumer Price Index for the year ending on the current December 31 shall be replaced by the Consumer Price Index for the year ending on December 31 when the benefits were last adjusted. This particular set of mechanics will avoid the necessity of increasing the benefits in any year by less than 2% upwards or by less than 5% downwards but will allow for such minor variations in the Consumer Price Index to be accumulated forward for recognition in subsequent years. However, no pension benefits shall be reduced below the original amount granted. The aforesaid adjustments shall be payable to all employees who have retired prior to the date of this Act as well as those who retire in the future, and the Consumer Price Index figure shall be posted initially as of December 31, 1971. Section 2 . Said Act is further amended by adding subparagraph (6) to section 5 to read as follows: (6) On his own motion an employee can make application for early retirement at any time within five years of his normal retirement date as set forth in subparagraph (1) hereof provided he has completed at least 20 years of continuous service with the City. In such event, the employee's retirement benefit would be calculated in the same manner as for normal retirement as provided in section 7 of this Act reflecting the average annual rate of pay and continuous service as of the date of termination. If the employee elects to have his pension commence immediately, the payment so calculated shall be reduced by one-half of one percent for each month that his age at the time of early retirement is

Page 3798

less than the normal retirement age as provided in subparagraph (1) of section 5 hereof. Section 3 . Said Act is further amended by adding subparagraph (7) to section 5 to read as follows: (7) Upon becoming, after twenty years of service, permanently separated involuntarily by action of the City without any fault on the employee's part, provided that such provision would not apply if such employee is offered another position with the City of Augusta with no reduction in salary. Section 4 . Said Act is further amended by adding subparagraph (1) to section 9 to read as follows: (1) Provided further that any employee who terminates his employment with the City after having completed at least 15 years of continuous service and who has attained the age of at least 45, shall have a right to a vested pension in lieu of a refund of his contributions, payable at his otherwise normal retirement age as provided in subparagraph (1) of section 5 of this Act without reduction or at an earlier retirement age with a reduction as provided in subparagraph (6) of section 5 of this Act. The vested percentage of his accrued benefit at the time of such termination will be equal to 50% if he had completed 15 years of service plus an additional 10% of each year of continuous service in excess of 15 years up to a maximum vested percentage of 100% of his accrued benefits from the completion of 20 or more years of continuous service. The accrued benefit is calculated in the same manner as for normal retirement but reflecting the employee's length of service and average annual rate of pay determined as of the date of such termination. 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 that I shall introduce a bill in the

Page 3799

1971 Session of the General Assembly to amend the Augusta Employees Pension Fund Act of 1945, Ga. L. pages 813-829, (Act No. 173 of the 1945 General Assembly) approved February 28, 1945, to provide for the reinstatement of former members of said act, including term of eligibility and amount of contribution by applicant for reinstatement; and for other purposes. This 14th day of December, 1970. James L. Lester Senator Elect, 23rd District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James L. Lester who, on oath, deposes and says that he is Senator from the 23rd 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: December 17, 24, and 31, 1970. /s/ James L. Lester Senator, 23rd District Sworn to and subscribed before me, this 19th day of January, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. Approved April 10, 1971. JOINT CITY-COUNTY BOARD OF TAX ASSESSORS ACT AMENDED IN COUNTIES HAVING A CITY OF 300,000 POPULATION OR MORE. No. 703 (Senate Bill No. 144). An Act to amend an Act creating a Joint City-County Board of Tax Assessors in all counties having within its borders

Page 3800

all or the greater part of a city having a population of 300,000 or more according to the 1950 United States Census or any future United States Census, approved February 15, 1952 (Ga. L. 1952, page 2825), so as to provide for the equalization of tax assessments in such counties; to provide for the procedure to be followed by the Board of Tax Assessors to equalize assessments in such counties; to provide for notice to be given to taxpayers; to provide that section 92-6911 of the Code of Georgia shall be inapplicable to such Board of Tax Assessors; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a Joint City-County Board of Tax Assessors in all counties having within its borders all or the greater part of a city having the population of 300,000 or more, according to the United States Census of 1950, or any future United States Census, approved February 15, 1952 (Ga. L. 1952, page 2825), as amended, particularly by an Act approved March 27, 1958 (Ga. L. 1958, page 3390), is further amended by conferring upon said Joint City-County Board of Tax Assessors in such counties the powers, authorities and duties hereinafter set forth in this Act. Section 2 . The Joint City-County Board of Tax Assessors in such counties may meet at any time to receive and inspect tax returns to be laid before them by the Tax Commissioner as provided by law. In addition, the Board shall examine and inspect all returns previously made by taxpayers where the taxpayer is not required by law to make any additional return. The Board shall examine all of such returns of both real and personal property of each taxpayer, and if in the opinion of the Board there is omitted from any return any property that should be returned, or if any property returned is not returned at a just or fair valuation, the Board shall correct such return and shall assess and fix the just and fair valuation to be placed on the property, and shall make a note thereof. It shall be the duty of the Board to see that all taxable property within

Page 3801

the county and city is assessed and returned at its just and fair valuation, and that valuations as between the individual taxpayers are fairly and justly equalized so that each taxpayer shall pay as near as may be only his proportionate share of taxes. When any such corrections, changes or equalization shall have been made by the Board, the Board shall, within a period of five (5) days, give notice to any taxpayer of any changes made in his return, either personally or by leaving same at his residence or place of business, or by sending said notice by regular United States Mail to his last known place of address. In all cases where an assessment is made or a return is changed or altered by authority of said Joint City-County Board of Tax Assessors and notice is not given personally to the taxpayer as herein provided, the notice of such assessment or such change shall be posted in front of the Court House door, which posted notice shall contain the name of the owner liable to taxation if known, and a brief description of the property if the owner is unknown, together with a statement that the assessment has been made or the return changed or altered, as the case may be, and need not contain other information. It shall be the duty of the Ordinary to make a certificate as to the posting of such notice, which certificate signed by the Ordinary shall be recorded by the Board of Tax Assessors in a book kept for that purpose. A certified copy of such certificate of the Ordinary, duly authenticated by the Secretary of the Board shall constitute prima facie evidence of the posting of such notices as required by law. Section 3 . The foregoing provisions shall govern the aforementioned Joint City-County Board of Tax Assessors in lieu of the provisions of sec. 92-6911 of the Code of Georgia, as amended, particularly by an Act approved March 21, 1970 (Ga. L. 1970, p. 580), because of the complexity of dealing with assessments in such cities and counties. Section 4 . This Act shall become effective upon its approval by the Governor. Effective date.

Page 3802

Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1971. MUNICIPAL COURT OF CITY OF ATLANTA ACT AMENDED. No. 712 (Senate Bill No. 161). An Act to amend an Act establishing a Municipal Court of the City of Atlanta, approved August 20, 1913 (Ga. L. 1913, p. 145), as amended, so as to strike the contents of section 44 of said Act, which section provides for a cost deposit to be paid to the clerk of said court by the party filing or commencing any proceeding in said court, and which further provides for a pauper's affidavit in lieu of said deposit and for the recovery of said deposit under certain conditions; to provide in lieu thereof a new section 44, which shall provide for a cost deposit in various sums to be paid to the clerk as security for the payment of court costs by the party filing or commencing any proceeding in said court, and which shall provide for a pauper's affidavit in lieu of said deposit and for the recovery of the said deposit under certain conditions; to provide for the payment of a subsidy for the publication of the calendars of the said court payable by the Board of Commissioners of Fulton County to the newspaper publishing legal notices for the Sheriff of Fulton County in the sum of three hundred fifty ($350.00) dollars per week for each week during which the said newspaper publishes the calendars of the said court; to strike the contents of section 49 of said Act, which section provides for the cost which shall be charged and collected by the clerk and marshal of said court for various respective functions, and by inserting in lieu thereof a new section 49 which shall provide for a standard and uniform cost bill; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3803

Section 1 . An Act establishing a Municipal Court of the City of Atlanta, approved August 20, 1913 (Ga. L. 1913, p. 145), as amended, is hereby amended by striking section 44 in its entirety and by inserting in lieu thereof a new section 44, to read as follows: Section 44. Each party filing a suit and proceeding of any character, except a garnishment or Proceeding Against Tenant Holding Over in the Civil Court of Fulton County shall deposit with the clerk of said court at the time of filing or commencing such proceeding the sum of six and one-half ($6.50) dollars plus three ($3.00) dollars for each defendant more than one, provided, however, when the principal amount involved is more than one hundred ($100.00) dollars and not more than three hundred ($300.00) dollars the deposit shall be thirteen ($13.00) dollars plus three ($3.00) dollars for each defendant more than one, and provided further, however, when the principal amount involved is more than three hundred ($300.00) dollars the deposit shall be sixteen ($16.00) dollars plus three ($3.00) dollars for each defendant more than one. And each party filing a garnishment proceeding shall deposit with the clerk of said court at the time of filing or commencing a garnishment proceeding the sum of five and one-half ($5.50) dollars plus three ($3.00) dollars for each summons more than one, provided, however, where the principal amount involved is more than one hundred ($100.00) dollars and not more than three hundred ($300.00) dollars the deposit shall be eleven ($11.00) dollars plus three ($3.00) dollars for each summons more than one, and provided further, however, when the principal amount involved is more than three hundred ($300.00) dollars the deposit shall be fourteen ($14.00) dollars plus three ($3.00) dollars for each summons more than one. And each party filing a Proceeding Against Tenant Holding Over shall deposit with the clerk of said court at the time for filing or commencing a proceeding the sum of thirteen ($13.00) dollars plus three ($3.00) dollars for each defendant more than one. Provided, however, that such aforesaid 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. The aforesaid deposit shall be a security deposit to insure the payment

Page 3804

of the court cost of such proceeding. If the court cost is recovered from the losing party, the aforesaid deposit shall be refunded to the party making the deposit. And that, upon the tenth day of each succeeding month, the Board of Commissioners of Roads and Revenue of Fulton County shall pay over unto the publisher of the newspaper which publishes legal notices for the Sheriff of Fulton County a publication subsidy in the sum of three hundred fifty ($350.00) dollars per week for each week in which the said newspaper publishes the calendars of the said court during preceding month, as compensation for the printing and publication of the said calendars. Section 2 . Said Act is further amended by striking section 49 in its entirety and by inserting in lieu thereof a new section 49, which shall read as follows: Section 49. Costs shall be charged and collected by the clerk and marshal of said court as follows: CLERK . Except as hereinafter provided, the total cost, including the first judgment and fi. fa., for all suits or proceedings of any character, except garnishment and Proceeding Against Tenant Holding Over, irrespective of how they shall be terminated shall be six and one-half ($6.50) dollars plus three ($3.00) dollars for each defendant more than one, provided, however, when the principal amount involved is more than one hundred ($100.00) dollars and not more than three hundred ($300.00) dollars the cost shall be thirteen ($13.00) dollars plus three ($3.00) dollars for each defendant more than one, and provided further, however, when the principal amount involved is more than three hundred ($300.00) dollars the cost shall be sixteen ($16.00) dollars plus three ($3.00) 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 and one-half ($5.50) dollars plus three ($3.00) dollars for each summons more than one, provided, however, where the principal amount involved is more than one hundred ($100.00) dollars and not

Page 3805

more than three hundred ($300.00) dollars the cost shall be eleven ($11.00) dollars plus three ($3.00) dollars for each summons more than one, and provided further, however, when the principal amount involved is more than three hundred ($300.00) dollars the cost shall be fourteen ($14.00) dollars plus three ($3.00) dollars for each summons more than one. The total cost, except as hereinafter provided, for a Proceeding Against Tenant Holding Over irrespective of how it shall be terminated, shall be thirteen ($13.00) dollars plus three ($3.00) dollars for each defendant more than one. In addition to the foregoing costs, the clerk of said court shall charge and collect as follows: 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 affidavit to obtain alias fi. fa. $.50 For each motion for a new trial and docketing same $1.00 For taking and approving supersedeas bond $1.00 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 a 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 $.30 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 Provided, however, that the clerk shall be required to file a traverse to answer of garnishment unless the cost is paid at the time of filing. MARSHAL. For search and return of nulla bona, except in foreclosures and attachments $1.00 For each arrest in civil cases $1.50 For each commitment in civil case and entering same $1.00 For each levy or seizure, except in foreclosures, attachments and trovers $1.00 For taking and approving bond in any civil case $1.00 For settling fi. fa. before sale of property $1.00 For advertising personal property for sale $1.00 For settling fi. fa. from another court $1.00 For backing fi. fa. from another court $.50 For marshal's deed to realty or bill of sale to personalty $1.75 For serving subpoena $.50 Provided, however, where the amount involved is more than $100.00, the marshal will be authorized to charge twice the above-listed amounts of the service indicated. For commission on sale of personal property from $1.00 to $100.00 6% All over $100.00 2% For commission on sale of real estate from $1.00 to $50.00 5% From $51.00 to $550.00 2% All over $550.00 1%

Page 3807

For removing and/or storing property and keeping and feeding animals. The actual expense incurred after authorization by the court. COSTS IN CRIMINAL CASES. For each warrant including affidavit $2.50 For docketing each warrant $.75 For arrest $6.00 For return of officer $1.00 For keeping prisoner per diem $1.75 For taking bond $4.00 For taking testimony $2.50 For order requiring statutory bond in bastardy case $1.00 For order of commitment or discharge or dismissal $1.00 Foor issuing commitment $.75 For entering any order $1.00 For docketing any order $.75 For motion to withdraw or dismiss warrant $1.00 For docketing same $.75 For deputy marshal in attendance $1.00 For certified copy of warrant $1.50 For certified copy under Code section 38-627 $2.50 For issuing each search warrant $3.00 For executing search warrant $3.50. Section 3 . This Act shall become effective May 1, 1971. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3808

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1971 session of the General Assembly of Georgia, a bill to amend an Act establishing a Municipal Court of the City of Atlanta, approved August 20, 1913, (Ga. L. 1913, p. 145) as amended, so as to change the amount of cost deposits in certain cases in said coourt. This 5th day of January, 1971. D. W. Austin, Jr., Clerk Georgia, Fulton County. 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 6, 13, 20, 27 days of January, 1971, As provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 27th day of January, 1971. /s/ Maiodis F. Palmer, Notary Public, Georgia, State at Large. My Commission Expires Jan. 19, 1972. Approved April 10, 1971.

Page 3809

CRIMINAL COURT OF FULTON COUNTYSALARY OF SOLICITOR GENERAL FIXED. No. 714 (Senate Bill No. 166). An Act to fix the salary of the Solicitor General of the Criminal Court of Fulton County; to provide the procedures connected therewith; to provide for an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Notwithstanding any other provisions of any law to the contrary, the annual compensation of the Solicitor General of the Criminal Court of Fulton County for his services as such shall be $25,000.00 per annum. Section 2 . The salary provided for in section 1 for said Solicitor General shall be paid from the funds of Fulton County in monthly installments or at such other times as the fiscal authorities of Fulton County shall direct. Section 3 . The effective date of this Act shall be July 1, 1971. 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 Affecting the Criminal Court of Fulton County. Notice is hereby given of intention to apply for local legislation at the next regular session of the General Assembly of the State of Georgia, which will convene on the 12 day of January, 1971, by amending the Act creating the Criminal Court of Fulton County, formerly the Criminal Court of Atlanta, and Acts amendatory thereto, (Acts 1890-91, pp. 935 et seq.), so as to provide that the number of persons consisting of a jury in said court shall be increased from five to six from a panel of twelve persons, the defendant to have three strikes and the State to have

Page 3810

three strikes, the remaining six persons to compose the jury. Also, that said laws be amended to provide increases in the annual salaries of the Solicitor-General and the Assistant Solicitors of the said court, and for other purposes. This, the 11th day of December, 1970. Hinson McAuliffe Solicitor General Criminal Court of Fulton County Georgia, Fulton County. 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 14, 21, 28 days of December, 1970. As provided by law. /s/ Mildred N. Lazenby Subscribed and sworn to before me, this 22nd day of January, 1971. /s/ Maiodis F. Palmer, Notary Public, Georgia, State at Large. My Commission Expires Jan. 19, 1972. Approved April 10, 1971.

Page 3811

CITY OF COLQUITTCHARTER AMENDED. No. 716 (Senate Bill No. 222). An Act to amend an Act creating a new Charter for the City of Colquitt, approved August 7, 1915 (Ga. L. 1915, p. 534), as amended, particularly by an Act approved March 21, 1963 (Ga. L. 1963, p. 2449), so as to provide that the mayor may succeed himself; 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 Colquitt, approved August 7, 1915 (Ga. L. 1915, p. 534), as amended, particularly by an Act approved March 21, 1963 (Ga. L. 1963, p. 249), is hereby amended by striking from section 5 the following: ; and after January 1st, 1944, no mayor shall be elected to succeed himself, and Provided, however, no person who serves any part of an unexpired term of mayor shall be eligible to be a candidate for mayor for the next succeeding full term and shall not be eligible to serve as mayor during any part of the next succeeding full term., so that when so amended section 5 shall read as follows: Section 5. The municipal government of the City of Colquitt and its corporate powers, shall be exercised by a mayor and four councilmen, to be elected from the city at large, and which body shall be known as the mayor and council. The mayor shall be elected for and serve for a term of four years, or until his successor is elected and qualified. One councilman shall serve for a period of four years, from January 1, 1916; one councilman for three years from said date; one councilman for two years from said date; and one councilman for one year from said date. (a) The present mayor and councilmen of said city shall continue in said office with their present compensation,

Page 3812

until January 1st, 1943, or until their successors are elected and qualified, and shall exercise all the powers and authorities conferred upon the mayor and council of the City of Colquitt by this Act; and all officers elected or appointed by the mayor and council of the old corporation of said city shall continue to hold their offices and discharge the duties thereof until their successors are elected and qualified, unless sooner suspended, removed or discharged by the mayor and council of said city, which right and power is hereby given them. (b) The first general election under this Act shall be held on the first Saturday in December, 1915, when the mayor and four councilmen shall be elected by a popular vote of the people and by ballot. (c) The councilman receiving the largest number of votes shall be elected for a term of four years, from January 1, 1916, or until his successor is elected and qualified; the councilman receiving the next largest number of votes shall be elected for a term of three years, from January 1, 1916, or until his successor is elected and qualified; the councilman receiving the next largest number of votes shall be elected for a term of two years from January 1st, 1916, or until his successor is elected and qualified; the councilman receiving the next largest number of votes shall be elected for a term of one year, from January 1st, 1916, or until his successor is elected and qualified. Should there be a tie between two or more councilmen, the remaining councilmen and the mayor shall decide which of them shall serve the long term and which shall serve the short term. That on the first Saturday in December, 1916, and on each first Saturday in December, annually thereafter, one councilman shall be elected for a term of four years. (d) In case there is a vacancy in the offices mentioned herein by death, resignation, failure to elect, removal from office, removal from city or otherwise, a special election shall be ordered by mayor and council, giving thirty days' public notice, to fill such vacancy; provided, that if such vacancy shall occur within three months of the next regular election the mayor and council may, in their discretion,

Page 3813

refuse to order such election, and await the regular 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 1971 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 allow the Mayor of the City of Colquitt to succeed himself; to provide an effective date; to repeal conflicting laws; and for other purposes. Willis Conger, Representative Chaney Griffin, 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 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 14th, January 21st and January 28, 1971. Affiant further states that the costs of publishing said notice have been fully paid. This the 9th day of February, 1971. /s/ Bert Priest

Page 3814

Sworn to and subscribed before me, this 9th day of February, 1971. /s/ Vevelon L. Rowland, Notary Public, Miller County. My Commission Expires: 10-26-71. Approved April 10, 1971. CLAYTON COUNTYLEVY OF TAXES IN FIRE DISTRICTS, ETC. No. 717 (Senate Bill No. 237). An Act to amend an Act providing for the establishment of fire prevention districts in Clayton County, approved February 26, 1962 (Ga. L. 1962, p. 2257), and an Act approved April 9, 1963 (Ga. L. 1963, p. 3199), so as to provide for a levy of taxes on property located within such districts; to provide for contractual agreements by the County with other governments or individuals for fire prevention services within the boundaries of said County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for the establishment of fire prevention districts in Clayton County, approved February 26, 1962 (Ga. L. 1962, p. 2257), and an Act approved April 9, 1963 (Ga. L. 1963, p. 3199), 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) If the Board of Commissioners of Clayton County shall at any time determine that any areas, districts or sections of said County, not within the corporate limits of any municipality, need the protection and services of a fire prevention system, said Board may, by appropriate resolution, establish a new or continuing district, districts

Page 3815

or sections in need of fire prevention and provide for said areas in need of said services or may, by appropriate resolution, amend a prior resolution setting forth a fire prevention district, so as to incorporate the new area, district or section in need of fire protection or fire prevention services. The cost of the first prevention and fire protection shall be borne by the property owners in the described area which is to benefit from these services. The Board of Commissioners is authorized to levy a tax millage in said district or districts as may be established by resolution, and said levy shall not be in excess of five (5) mills. (b) The Board of Commissioners of Clayton County may, by mutual agreement, contract for fire prevention and fire protection services with any one or more of the municipal governments located wholly or partially within the County to either provide services to the municipality or for the municipality to provide services to an area outside its corporate limits. Said municipality shall have the authority, notwithstanding the limitations of its charter, to enter into a valid contract with the County either for services or to provide services. In the event the County provides services to a municipality under a contract, these services shall be provided at the same cost as property owners pay in the unincorporated areas immediately adjacent to the municipality. The County is further authorized to enter into a reciprocal agreement for fire protection and fire prevention services with any military installation located within 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 January, 1971 Session of the General Assembly of Georgia an Act to amend an Act pertaining to Fire Prevention Districts in Clayton County, Georgia (Ga. L. 1962, p. 2257), as amended), so as to provide for contractual agreements with other legal entities; to establish these

Page 3816

districts, to provide for the servicing and taxing of these districts, to provide for an effective date, and for other purposes. This 12 day of January, 1971. John R. McCannon, County Attorney for Clayton County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell A. Starr, who, on oath, deposes and says that he is Senator from the 44th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Forest Park Free Press, which is the official organ of Clayton County, on the following dates: January 15, 22, 29, 1971. /s/ Terrell A. Starr Senator, 44th District Sworn to and subscribed before me, this 18th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. Approved April 10, 1971. STATE COURT OF POLK COUNTYCOMPENSATION OF JUDGE CHANGED. No. 720 (Senate Bill No. 267). An Act to amend an Act establishing the State Court of Polk County, approved November 18, 1901 (Ga. L. 1901, p.

Page 3817

156), as amended, particularly by an Act approved March 11, 1964 (Ga. L. 1964, p. 2936), so as to change the salary of the judge of 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 State Court of Polk County, approved November 18, 1901 (Ga. L. 1901, p. 156), as amended, particularly by an Act approved March 11, 1964 (Ga. L. 1964, p. 2936), is hereby amended by striking from section 31 the figure, $9,000.00 and inserting in lieu thereof the figure, $12,000.00 so that when so amended section 31 shall read as follows: Section 31. Be it further enacted, that the judge of said court now under appointment shall hold office until the 31st day of December, 1910. The judge of said State Court of Polk County shall hereafter be elected by the qualified electors of said County of Polk at the regular election for Governor, Statehouse officers and members of the General Assembly, held on the first Wednesday in October, 1910, or upon such date as the regular general State elections are held next preceding the expiration of the term of office of the present judge of said court. The term of such judge first so elected shall be for four years next succeeding the expiration of the term of a present judge of said court, to wit, December 31, 1910, and each judge thereafter elected shall hold office for the term of four years, his term beginning on the first day of January of the year next succeeding his election, and extending four years thereafter, or until his successor is elected and qualified. All vacancies in the offices of judge or solicitor of the State Court of Polk County shall be filled by appointment of the Governor for the remainer of the unexpired term. The judge of the State Court of Polk County shall receive a salary of $12,000.00 per annum, which shall be paid monthly out of the treasury of Polk County, without the intervention or order of the county commissioners or any county officer. Said judge shall not practice law during his term of office. Said judge may hold any Federal, State, county or municipal office or position not elective

Page 3818

by popular vote, and which is not in conflict with the duties of his office as judge of said State Court. Section 2 . 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, 1971 Session of the General Assembly of Georgia, a Bill to change the compensation of the Polk County Ordinary; the Judge of the State Court of Polk County; and the Deputy Sheriffs of Polk County, and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James I. Parker, who, on oath, deposes and says that he is Senator from the 31st 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 2, 9 and 16, 1971. /s/ James I. Parker Senator, 31st District Sworn to and subscribed before me, this 23rd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. Approved April 10, 1971. POLK COUNTY ORDINARY'S SALARY CHANGED, ETC. No. 721 (Senate Bill No. 268). An Act to amend an Act placing certain officers of Polk

Page 3819

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), and by an Act approved April 25, 1969 (Ga. L. 1969, p. 3622), so as to change the compensation of the ordinary; to change the compensation of the sheriff's deputies; 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 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), and by an Act approved April 25, 1969 (Ga. L. 1969, p. 3622), is hereby amended by striking from subsection (b) of section 2 the words and figure, nine thousand ($9,000.00), and inserting in lieu thereof the words and figure twelve thousand ($12,000.00) so that when so amended said subsection (b) shall read as follows: (b) The ordinary of said county shall receive twelve thousand ($12,000.00) dollars per annum as his total compensation and shall pay out of the same any help he may hire. Section 2 . Said Act is further amended by striking the first paragraph of subsection (c) of section 2 in its entirety and substituting in lieu thereof a new paragraph to read as follows: The sheriff of said county, who is also sheriff of the State 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 seven thousand two hundred dollars ($7,200.00) each per annum. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3820

Notice is hereby given that there will be introduced at the January, 1971 Session of the General Assembly of Georgia, a Bill to change the compensation of the Polk County Ordinary; the Judge of the State Court of Polk County; and the Deputy Sheriffs of Polk County, and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James I. Parker, who, on oath, deposes and says that he is Senator from the 31st 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 2, 9 and 16, 1971. /s/ James I. Parker Senator, 31st District Sworn to and subscribed before me, this 23rd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. Approved April 10, 1971. TOWN OF TALLULAH FALLSCHARTER AMENDED. No. 723 (Senate Bill No. 277). An Act to amend an Act creating a new charter for the Town of Tallulah Falls, approved March 15, 1943 (Ga. L. 1943, p. 1593), so as to provide for two-year terms for the mayor and councilmen; to provide the day for holding the town election; to provide for residence requirements in order to vote in town elections; to remove the

Page 3821

provisions relative to public education and the board of education; to change the tax millage rate; to remove the provisions relating to the levying of a tax for police protection; 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 Tallulah Falls, approved March 15, 1943 (Ga. L. 1943, p. 1593), 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. Beginning with the election held in 1972, the mayor and four councilmen shall be elected for terms of two years and shall hold office until their successors are elected and qualified. The election shall be held on the first Saturday in January in the even numbered years, unless such first Saturday shall be a holiday, in which event the election shall be held on the second Saturday in January of that year. The election shall be held and conducted as the members of the General Assembly are elected, and the laws governing the election of the members of the General Assembly are hereby made applicable to the election of said officers for said Town. The mayor and councilmen shall give notice of said election to the voters of said Town. No one shall vote at elections in said Town who is not qualified to vote for members of the General Assembly in said Town, and who has not resided in said Town at least six months immediately preceding the date of said election and who has not paid all taxes due said Town. Terms. Election. 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. The mayor and council shall have the power to provide facilities and attractions for the entertainment of tourists. Tourists. Section 3 . Said Act is further amended by striking section

Page 3822

11 in its entirety and inserting in lieu thereof a new section 11 to read as follows: Section 11. The mayor and council shall have power and authority to appoint from three to five persons to constitute the Board of Health of said Town, and from three to five persons to constitute the Parks Commission of said Town. All persons so appointed shall serve for such terms and for such compensation, if any, as may be fixed by the mayor and council. The mayor and council shall prescribe the powers, duties and privileges of any and all persons appointed to membership on the Board of Health and the Parks Commission. Board of Health. Section 4 . Said Act is further amended by striking from section 13 the words one mill on the dollar and inserting in lieu thereof the words five mills on the dollar, so that when so amended section 13 shall read as follows: Section 13. That said mayor and council shall have power and authority to levy and collect a tax of not exceeding five mills on the dollar on all real and personal property in said Town subject to State tax, and to levy and collect a special tax on all shows and exhibitions for gain; the taxes levied under authority of this section to be for the ordinary or general purposes of said Town of Tallulah Falls. Tax. Section 5 . Said Act is further amended by striking section 14, which reads as follows: Section 14. That for the purpose of paying the costs of police protection, especially to industrial plants and properties, said mayor and council shall have the power and authority, during continuance of the existing national emergency, to levy and collect a special or extraordinary tax of not exceeding two mills on the assessed taxable value of real and personal property in said Town, provided, that this tax shall not apply to property devoted to residential, farm and school purposes., Special tax repealed. in its entirety.

Page 3823

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 1971 Session of the General Assembly of Georgia, a bill to amend the Act creating a new charter for the Town of Tallulah Falls, approved March 15, 1943 (Ga. L. 1943, p. 1593); and for other purposes. This 16th day of January, 1971. Maylon K. London Senator, 50th 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 attached copy 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 4, 11 and 18, 1971. /s/ Maylon K. London Senator, 50th District Sworn to and subscribed before me, this 24th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1971 Session of the General Assembly of Georgia, a bill to amend the Act creating a new charter for the Town

Page 3824

of Tallulah Falls, approved March 15, 1943 (Ga. Laws 1943, p. 1593); and for other purposes. 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 Tri-County Advertiser which is the official organ of Habersham County, on the following dates: February 4, 11 and 18, 1971. /s/ Maylon K. London Senator, 50th District Sworn to and subscribed before me, this 24th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. Approved April 10, 1971. DADE COUNTY SUPERIOR COURT CLERK PLACED ON SALARY, ETC. No. 725 (Senate Bill No. 284). An Act to abolish the present mode of compensating the clerk of the Superior Court of Dade 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

Page 3825

for such personnel; 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 Dade 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 . The clerk of the Superior Court shall receive an annual salary of $8,500.00, payable in equal monthly installments from the funds of Dade County. Salary. Section 3 . The Clerk of the Superior Court of Dade 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 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 clerk of the Superior Court 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. Public funds. Section 4 . The clerk of the Superior Court shall have the authority to appoint a deputy clerk, who shall receive an annual salary to be determined by the governing authority of the county, payable in equal monthly installments. It shall be within the sole power and authority of the clerk of the Superior Court, during his term of office, to designate and name the person who shall be employed as his deputy, and to prescribe his duties and assignments, and to remove or replace any such employee at will and within his sole discretion. Deputy Clerk.

Page 3826

Section 5 . The necessary operating expenses of the clerk of the Superior Court'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 Dade County. Operating expenses. 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 1971 Session of the General Assembly of Georgia, a bill to place the Clerk of the Superior Court of Dade County on a salary system of compensation; and for other purposes. This 28th day of January, 1971. Billy Shaw Abney, Senator, 53rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Shaw Abney, who, on oath, deposes and says that he is Senator from the 53rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Dade County Sentinel, which is the official organ of Dade County, on the following dates: February 4, 11 and 18, 1971. /s/ Billy Shaw Abney Senator, 53rd District

Page 3827

Sworn to and subscribed before me, this 26th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. Approved April 10, 1971. CLAYTON COUNTY CIVIL SERVICE SYSTEM ACT AMENDED. No. 727 (Senate Bill No. 296). An Act to amend an Act known as the Clayton County Civil Service System Act, approved April 2, 1963 (Ga. L. 1963, p. 2747), as amended, so as to remove the provision which authorizes elected county officials to employ personnel whose names do not appear on the register maintained by the Civil Service System; 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), as amended, is hereby amended by striking section 6 (a) in its entirety and inserting in lieu thereof a new section 6 (a) to read as follows: Section 6. The duties and functions of the civil service board shall be as follows: (a) To hold public hearings regarding proposed rules and regulations and standards of the civil service system, and thereafter recommended to the governing authority of Clayton County the adoption of rules and regulations and standards effectuating the civil service system established under this Act. Such rules and regulations shall include provisions for the establishment and maintenance of job classification and compensation plans, the conduct of examinations

Page 3828

for appointment under the civil service system, the certification of eligible persons, appointments, promotions, transfers, demotions, separations, tenure, service ratings, reinstatements, appeals, and such additional regulations as may be deemed to be in the best interest of impartial selection of efficient personnel and improvement of public administration. Such rules and regulations shall prohibit political activity by any employee covered by the civil service system or the civil service board. The rules and regulations may provide for the establishment of a register of persons eligible for appointment under the civil service system. Said rules and regulations when proposed by the civil service board as aforesaid and approved and adopted by the governing authority of Clayton County shall have the force of law and be binding upon all departments and offices of the county enumerated in the resolution creating the civil service 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 1971 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), as amended, so as to remove the provision which authorizes elected county officials to employ personnel whose names do not appear on the register maintained by the Civil Service System; and for other purposes. This 7 day of January, 1971. Terrell A. Starr Senator, 44th District Arch Gary Representative, 21st District William J. Lee Representative, 21st District
Page 3829

Lamar Dailey Northcutt Representative, 21st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell A. Starr, who, on oath, deposes and says that he is Senator from the 44th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forest Park Free Press, which is the official organ of Clayton County, on the following dates: January 15, 22 and 29, 1971. /s/ Terrell A. Starr Senator, 44th District Sworn to and subscribed before me, this 1st day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. Approved April 10, 1971. CITY OF RIVERDALECHARTER AMENDEDCITY MANAGER, ETC.REFERENDUM. No. 728 (Senate Bill No. 299). An Act to amend an Act incorporating the City of Riverdale in the County of Clayton in the State of Georgia, approved February 13, 1956 (Ga. L. 1956, p. 2205), as amended, particularly by an Act approved April 2, 1963 (Ga. L. 1963, p. 2815), an Act approved April 5, 1965 (Ga. L. 1965, p. 3224), and an Act approved March 12, 1970 (Ga. L. 1970, p. 2611), so as to provide a pension and retirement plan for city employees; to change the fee for qualifying as candidates for mayor and councilmen;

Page 3830

to change the method of appointment and removal of the city manager; to establish a quorum for meetings of the governing authority and to establish the number of votes required for the passage of matters at council meetings; to change the method of disposing of city property; to establish a method for disposing of stolen, found and confiscated property; to change the charges the city may assess for sanitation services; 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 Riverdale in the County of Clayton in the State of Georgia, approved February 13, 1956 (Ga. L. 1956, p. 2205), as amended, particularly by an Act approved April 2, 1963 (Ga. L. 1963, p. 2815), an Act approved April 5, 1965 (Ga. L. 1965, p. 3224), and an Act approved March 12, 1970 (Ga. L. 1970, p. 2611), is hereby amended by striking subsection (b) of section 7 in its entirety and inserting in lieu thereof a new subsection (b) of section 7, to read as follows: (b) Employee Benefits. The governing body of the City of Riverdale is hereby authorized and empowered to contract for group hospitalization and life insurance for city employees. Said governing body is further authorized and empowered to establish a retirement and pension program for said employees. As to insurance and retirement programs thus established, the governing body may adopt reasonable rules and regulations concerning the operation of such programs and is authorized to deduct funds for participants from wages and to make contributions from general (or special funds set up for such purposes) funds of the city as shall best serve the employees of said city. Employee benefits. Section 2 . Said Act is further amended by striking the words, symbol and figures fifty ($50.00) dollars and thirty ($30.00) dollars in section 15 and inserting in lieu thereof the words, symbol and figures seventy-five ($75.00) dollars and fifty ($50.00) dollars, respectively, so that section 15, when so amended, shall read as follows: Section 15. Qualifications of Mayor and Councilmen

Page 3831

and Notice of Candidacy: No person shall be eligible for the office of mayor or councilman of said city unless he shall have been a resident of said city for a period of one year immediately preceding the time that he qualifies to run for the office; shall have attained or passed his twentyfifth birthday, and shall be a qualified voter in municipal elections for officers of said city, not convicted of any crime involving moral turpitude, and entitled to register under the registration laws which may be in force at that time in said city. Name of no candidate for either mayor or councilman shall be placed on the ballot in election for mayor and councilman unless such candidate shall have filed with the clerk of said city fifteen (15) days prior to the election in which he desires to be a candidate (legal holidays and Sunday excluded) his written notice that he desires that his name be placed on said ballot as a candidate either for mayor or councilman and shall have paid a qualifying fee of seventy-five ($75.00) dollars if he is a candidate for mayor, and a qualifying fee of fifty ($50.00) dollars if he is a candidate for councilman. Such written notice shall be in such form and contain such information as the mayor and council may provide by ordinance. No person shall be eligible for the office of mayor and council of said city unless such person shall file the above notice within the time prescribed herein and have paid his qualifying fee. Qualifications. Section 3 . Said Act is further amended by striking section 21A in its entirety and inserting in lieu thereof a new section 21A, to read as follows: Section 21A. City Manager: (a) The mayor and council of the City of Riverdale are authorized to create in the city government of said city the office of city manager. City manager. (b) The city manager shall be chosen solely on the basis of his executive and administrative qualifications, and need not when appointed be a resident of the City of Riverdale er of the State of Georgia. No member of the mayor and council shall be chosen a city manager. (c) The city manager shall be appointed for an indefinite term by the governing body, shall hold office at the pleasure

Page 3832

of the governing body and may be removed from office at the discretion of the governing body. However, the city manager may be removed from office only after a hearing before the governing body after no less than ten (10) days' notice to the city manager. Upon removal from office (but not upon resignation), the city manager shall be paid as severance pay a sum not less than one (1) month's basic pay. (d) The salary of the city manager shall be set in the agreement between him and the mayor and council of the City of Riverdale, and shall not be diminished during the term of his office unless by his consent or in the event he is dismissed from office for cause by the mayor and council of said city. (e) The city manager shall implement the policies of the mayor and council as such policies are expressed by ordinances and resolutions. The mayor and council shall prescribe such other duties to be performed by the city manager as might be consistent with law, but no duty shall be so assigned which devolves by law upon officers of said city elected by the people. (f) Before any provision of this section relating to the appointment of a city manager of the City of Riverdale shall be valid and effective, the question and desirability of having a city manager for said city shall first be decided upon and approved by a majority of the qualified voters of said city, and after the approval of this Act, the persons having the responsibility of conducting and managing elections in the City of Riverdale may, in their discretion, call an election at any time to submit to the qualified voters of said city the question as to whether the City of Riverdale should have a city manager as set forth by the terms of this Act. Notice of the election shall be published once a week for four (4) weeks prior to the date of said election in the official organ of said city. The ballots shall mave printed thereon the words: `For appointment of a city manager by the mayor and council of Riverdale.' Referendum.

Page 3833

`Against appointment of a city manager by the mayor and council of Riverdale.' The qualified voters voting at said election shall specify their preference by placing an `X' mark to the left of the paragraph expressing their choice, and the plan receiving a majority of the votes cast shall go into effect, and if the voters specify by a majority vote that they are in favor of a city manager being appointed, then said mayor and council of the City of Riverdale shall endeavor to select said city manager within a reasonable time thereafter. Section 4 . Said Act is further amended by striking section 22 in its entirety and inserting in lieu thereof a new section 22, to read as follows: Section 22. Quorum, Vote and Veto: A quorum for the transaction of business shall consist of the mayor and three (3) councilmen or the mayor pro tem and three (3) other councilmen. Questions before the governing body shall be determined by the vote of a majority of the councilmen making up a quorum. The presiding office (i.e., mayor or mayor pro tem if he be presiding) shall be entitled to vote only in the case of a tie. The mayor shall have veto power and may use such power to veto any ordinance, resolution or action of the council. His veto must be in writing and give his reasons therefor and filed with the city clerk within three (3) days of the date of council action. The matter shall thereupon become the first order of business at the next regular meeting of the governing body. The question shall be put to the council by the presiding officer substantially as follows: `Shall the veto of the mayor be overridden?' Three or more affirmative votes shall have the effect of overriding the mayor's veto, and the action previously taken by the governing body shall stand. The mayor pro tem shall not have the veto power when presiding, but the mayor shall have the veto power reserved to him above whether presiding or not. Quorum. Section 5 . Said Act is further amended by striking section 46 in its entirety and inserting in lieu thereof a new section 46, to read as follows:

Page 3834

Section 46. Disposal of Municipal Property, Abandoned Property, Stolen Property and Confiscated Property: The governing body is authorized and empowered to enact reasonable ordinances governing the disposal of city property, property which is abandoned and unclaimed, property which is known to be stolen but the true owner cannot be located, and legally confiscated property. However, no ordinance adopted pursuant to this authority shall allow any municipal officer or employee to personally benefit from the disposal of such property. Disposal of property. Section 6 . Said Act is further amended by striking section 54 in its entirety and inserting in lieu thereof a new section 54, to read as follows: Section 54. Sanitary Service: The governing body is authorized and empowered to establish from time to time reasonable charges for sanitation, garbage, trash and refuse collection services in the city. These services may be performed by municipal employees or contracted for by the city. The governing body may establish by ordinance reasonable rules and regulations for such operation. Such ordinance or ordinances may provide that such charges constitute a lien on the real property served and that execution may issue for the collection of same in the same way that execution issues for the collection of ad valorem taxes. Sanitary service. 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 the City of Riverdale will apply to the 1971 session of the General Assembly of Georgia for passage of local legislation to amend the charter of the City of Riverdale in the County of Clayton and State of Georgia as set forth in Ga. L. 1956, pp. 2205-2250 approved February 13, 1956 and all acts amendatory thereto; to provide for a pension and retirement plan for city employees; to increase the qualifying fee for candidates for Mayor and Councilman; to change the law governing the appointment and removal of the City Manager; to provide law

Page 3835

governing the establishment of a quorum for meetings of the governing body and establishing the vote required for the passage of matters at council meetings; to change the method of disposing of city property; to establish a method of disposing of stolen, found and confiscated property; to change the amount the city may assess for sanitation purposes; and for other purposes. This 25th day of January, 1971. F. L. Hutcheson, Mayor, City of Riverdale, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell A. Starr who, on oath, deposes and says that he is Senator from the 44th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forest Park Free Press which is the official organ of Clayton County, on the following dates: January 29, February 5 and 12, 1971. /s/ Terrell A. Starr Senator, 44th District Sworn to and subscribed before me, this 1st day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. Approved April 10, 1971.

Page 3836

CITY OF PEMBROKECHARTER AMENDEDADOPTION OF ORDINANCES, CHANGED PROCEDURE. No. 729 (Senate Bill No. 302). An Act to amend an Act creating a new charter for the City of Pembroke, approved February 21, 1951 (Ga. L. 1951, p. 3370), so as to change the procedure for the adoption of ordinances by the City of Pembroke; 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 Pembroke, approved February 21, 1951 (Ga. L. 1951, p. 3370), is hereby amended by striking section 11 in its entirety and inserting in lieu thereof a new section 11 which shall read as follows: Section 11. No ordinance or resolution having the effect of an ordinance shall be passed except at a regular meeting of the city council and not until after said ordinance shall have been read at two consecutive regular meetings of the said city council. 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 1971 session of the General Assembly of Georgia, a bill to amend the provisions of Ga. L. 1951, p. 3370, 11, regulating the passage of ordinances by the City of Pembroke, and for other purposes. /s/ J. Dixie Harn Clerk-Treasurer. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edward Helmey Zipperer who, on oath, deposes and says that he is Senator

Page 3837

from the 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Pembroke Journal which is the official organ of Bryan County, on the following dates: February 11, 18, 25, 1971. /s/ Edward H. Zipperer Senator, 3rd District Sworn to and subscribed before me, this 1st day of March, 1971. /s/ Rebecca Faulkner, Notary Public, Georgia State at Large. My Commission Expires Dec. 13, 1974. Approved April 10, 1971. CITY OF FOREST PARKCORPORATE LIMITS CHANGED, ETC. No. 732 (Senate Bill No. 314). 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), an Act approved March 11, 1963, (Ga. L. 1963, p. 2174), and an Act approved April 25, 1969 (Ga. L. 1969, p. 3550), 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 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

Page 3838

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), an Act approved March 11, 1963 (Ga. L. 1963, p. 2174), and an Act approved April 25, 1969 (Ga. L. 1969, p. 3550), is hereby amended by adding a new section at the end of section 2B, to be known as section 2C, to read as follows: Section 2C. In addition to the property presently contained in the corporate limits of the City of Forest Park, Georgia, the following described properties are hereby annexed and made a part of the corporate limits of said city: All that tract or parcel of land lying and being in Land Lot 208 of the 12th District of Clayton County, Georgia; being more particularly described as follows: Beginning at the point formed by the intersection of the northerly right-of-way line of Courtney Drive with the west land lot line of Land Lot 208; running thence easterly and southeasterly along the northerly and northeasterly right-of-way line of Courtney Drive, and following the curvature thereof, 277 feet to the intersection of said right-of-way line with the southwesterly right-of-way line of Georgia State Highway No. 54; running thence northwesterly, along the southwesterly right-of-way line of Georgia State Highway No. 54, 659 feet, more or less, to the intersection of said right-of-way line with the west land lot line of Land Lot 208; running thence south, along the west land lot line of Land Lot 208, 485 feet, more or less, to the intersection of said land lot line with the northerly right-of-way line of Courtney Drive at the point of beginning. All that tract or parcel of land lying and being in Land Lot 49 of the 13th District of Clayton County, Georgia; being more particularly described as follows: Beginning at a point on the northeasterly right-of-way line of Georgia State Highway No. 54 a distance of 168.5 feet southeasterly, as measured along said right-of-way line,

Page 3839

from the intersection of said right-of-way line with the southerly right-of-way line of Bartlett Road, said point being at the southwesterly corner of property now or formerly owned by American Oil Company; running thence southeasterly, along the northeasterly right-of-way line of Georgia State Highway No. 54 and following the curvature thereof, 585.5 feet to the northwesterly corner of property now or formerly owned by Firestone Tire Rubber Company; running thence easterly, along the northerly line of the Firestone property, and continuing along the northerly line of the C. K. Bartlett property, 450.2 feet to the east land lot line of Land Lot 49; running thence north, along the east land lot line of Land Lot 49, a distance of 340.5 feet to the southeast corner of property now or formerly owned by Clarence K. Bartlett; running thence westerly along the southerly line of the Clarence K. Bartlett property, and continuing along the southerly line of property now or formerly owned by W. T. Cargile, 411 feet, more or less, to the southwest corner of the Cargile property; running thence northerly, along the westerly line of the Cargile property, 330 feet, more or less, to the southerly right-of-way line of Bartlett Road; running thence westerly, along the southerly right-of-way line of Bartlett Road, 196.7 feet to the northeasterly corner of the property of American Oil Company; running thence southeasterly, along the northeasterly line of the American Oil Company property, 159.6 feet to the southeasterly corner thereof; running thence westerly, along the southerly line of the American Oil Company property, 185 feet to the northeasterly right-of-way line of Georgia State Highway No. 54 at the point of beginning. All that tract or parcel of land lying and being in Land Lot 49 of the 13th District of Clayton County, Georgia; being more particularly described as follows: Beginning at a point on the northeasterly right-of-way line of Georgia State Highway No. 54 a distance of 754 feet southeasterly, as measured along said right-of-way line, from the intersection of said right-of-way with the southerly right-of-way line of Bartlett Road; running thence southeasterly, along the northeasterly right-of-way line of Georgia State Highway No. 54, a distance of 200 feet to the northerly property line of property now or formerly owned

Page 3840

by Clarence K. Bartlett; running thence north 89 degrees east, along the northerly line of the Bartlett property, 200 feet to a point; running thence northwesterly, along the southwesterly line of the Bartlett property, and parallel to the northeasterly right-of-way line of Georgia State Highway No. 54, a distance of 200 feet to a point on the southerly property line of property now or formerly owned by Ragsdale; running thence south 89 degrees west, along the southerly property line of the Ragsdale property, 200 feet to the point on the northeasterly right-of-way line of Georgia State Highway No. 54 which is the point of beginning. All that tract or parcel of land lying and being in Land Lot 84 of the 13th District of Clayton County, Georgia; being more particularly described as follows: Beginning at a point on the northeasterly right-of-way line of old U. S. Highway 41-19 (Georgia State Highway No. 3) which point is located 78 feet, southeasterly, as measured along said right-of-way line, from the intersection of said right-of-way line with the north land lot line of Land Lot 84; running thence east, along the south line of property now of formerly owned by Covington Land Company, 247.7 feet to a point on the east land lot line of Land Lot 84; running thence south, along the east land lot line of Land Lot 84, a distance of 96 feet to the northeast corner of property now or formerly owned by Humble Oil Company, running thence west, along the north line of the Humble Oil Company property, 222.7 feet to a point on the northeasterly right-of-way line of the old U. S. Highway 41-19 (Georgia State Highway No. 3); running thence northwesterly, along the northeasterly right-of-way line of said highway, 100 feet to the point of beginning. All that tract or parcel of land lying and being in Land Lot 84 of the 13th District of Clayton County, Georgia; being more particularly described as follows: Beginning at the northeast original corner of Land Lot 84; running thence west, along the north land lot line of Land Lot 84, a distance of 268 feet to the northeast right-of-way line of old U. S. Highway 41-19 (Georgia State Highway No. 3); running thence southeasterly, along the northeasterly

Page 3841

right-of-way line of said highway, 78 feet to the northwest corner of property now or formerly owned by Marlys W. Calhoun; running thence east, along the north line of the Calhoun property 247.7 feet to the east land lot line of Land Lot 84; running thence north, along the east land lot line of Land Lot 84, a distance of 79 feet to the northeast original corner of said land lot at the point of beginning. All that tract or parcel of land lying and being in Land Lot 84 of the 13th District of Clayton County, Georgia; being more particularly described as follows: Beginning at the point formed by the intersection of the northeasterly right-of-way line of old U. S. Highway 41-19 (Georgia State Highway No. 3) with the northerly right-of-way line of West Pineridge Drive; running thence east, along the northerly right-of-way line of West Pineridge Drive, 173.8 feet to the east land line of Land Lot. 84; running thence north, along the east land lot line of Land Lot 84, a distance of 193 feet to the south line of property now or formerly owned by Marlys W. Calhoun; running thence west, along the south line of the Calhoun property, 222.7 feet to a point on the northeasterly right-of-way line of old U. S. Highway 41-19 (Georgia State Highway No. 3); running thence southeasterly, along the northeasterly right-of-way line of said highway, 200 feet to the point of beginning. All that tract or parcel of land lying and being in Land Lot 83 of the 13th District of Clayton County, Georgia; being more particularly described as follows: Beginning at a point on the west land lot line of Land Lot 83 a distance of 160 feet south of the northwest original corner of said land lot; running thence east, along the south line of property of V. S. Adamson, 180 feet to a point; running thence south, along the west line of property of V. S. Adamson, 70 feet to a point; running thence west, along the north line of property of V. S. Adamson, 180 feet to the west land lot line of Land Lot 83; running thence north, along the west land lot line of Land Lot 83, a distance of 70 feet to the point of beginning.

Page 3842

All that tract or parcel of land lying and being in Land Lot 83 of the 13th District of Clayton County, Georgia; being more particularly described as follows: Beginning at the northwest original corner of Land Lot 83; running thence east, along the north land lot line of Land Lot 83, a distance of 588 feet, more or less, to the northwest corner of Valley Brook Heights subdivision; running thence south along the west side of Valley Brook Heights subdivision, 371.25 feet to the northerly right-of-way line of West Pineridge Road; running thence west, along the north right-of-way line of West Pineridge Road, and following the curvature thereof, 588 feet, more or less, to the west land lot line of Land Lot 83; running thence north, along the west land lot line of Land Lot 83, a distance of 141.2 feet to the southwest corner of property of Thomas Adamson; running thence east, along the south line of the Thomas Adamson property, 180 feet to the southeast corner thereof; running thence north, along the east line of the Thomas Adamson property, 70 feet to the northeast corner thereof; running thence west, along the north line of the Thomas Adamson property, 180 feet to the northwest corner thereof at the west land lot line of Land Lot 83; running thence north, along the west land lot line of Land Lot 83, a distance of 160 feet to the northwest original corner of Land Lot 83 at the point of beginning. Section 2 . All powers and authority of the City of Forest Park under its charter and ordinances and all laws pertaining to said city as a municipality are hereby extended and made effective in every part of the territory included within the limits above described. The powers and authority of the officers of the city are made coextensive with the limits as defined and prescribed by the foregoing section; and all other rights and powers necessary to carry out and enforce the laws and ordinances governing the said City of Forest Park, the power of taxing property and of fixing and regulating business; to assess, issue executions for, and, in case of default, sell the property upon which the taxes are due, as now prescribed by charter and the laws and ordinances of the City of Forest Park are extended to all the property defined, prescribed, and set forth in the foregoing

Page 3843

section. The power of the health department, police department, city tax assessors and receivers, tax collector, marshal, clerk of the city, clerk of the council, building inspector, court recorder, and all other officers, and all agents, and employees of the City of Forest Park, even though not specifically named herein, are extended to the entire area described above as fully and completely as they now exist under the present charter, laws and ordinances covering the City of Forest Park. Said described property included within the limits which are defined and prescribed in the foregoing section is made subject to all the bonds heretofore issued by the City of Forest Park. 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 Forest Park will apply to the 1971 session of the General Assembly of Georgia for passage of local legislation to amend an act entitled An Act to Incorporate the Town of Forest Park, (now City of Forest Park) in the County of Clayton, Ga. L. of 1908 at pages 685-688 and all acts amendatory thereto; to extend and enlarge the corporate limits of said City; and for other purposes. This the 20th day of January, 1971. Charles W. Summerday Mayor, City of Forest Park, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terrell A. Starr who, on oath, deposes and says that he is Senator from the 44th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forest Park Free Press which is the official organ of Clayton

Page 3844

County, on the following dates: January 29, February 5 and February 12, 1971. /s/ Terrell A. Starr Senator, 44th District Sworn to and subscribed before me, this 3rd day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. Approved April 10, 1971. CITY OF DONALSONVILLENEW CHARTER. No. 734 (Senate Bill No. 331). An Act to reincorporate the City of Donalsonville in the County of Seminole; 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 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 the 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 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.

Page 3845

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 Donalsonville, Georgia, repealing and replacing the charter as provided by an Act approved August 20, 1906 (Ga. L. 1906, p. 682), as amended, by an Act approved August 12, 1914 (Ga. L. 1914, p. 709), an Act approved August 19, 1922 (Ga. L. 1922, p. 784), an Act approved July 3, 1924 (Ga. L. 1924, p. 539), an Act approved August 15, 1927 (Ga. L. 1927, p. 1048), an Act approved August 26, 1931 (Ga. L. 1931, Ex. Sess., p. 737), an Act approved February 25, 1949 (Ga. L. 1949, p. 1976), an Act approved February 16, 1950 (Ga. L. 1950, p. 2603), an Act approved March 17, 1958 (Ga. L. 1958, p. 2315), an Act approved March 17, 1960 (Ga. L. 1960, p. 2555), an Act approved March 12, 1963 (Ga. L. 1963, p. 2182), and an Act approved March 21, 1968 (Ga. L. 1968, p. 2682). The City of Donalsonville, Georgia, in the County of Seminole, and the inhabitants thereof, shall continue to be a body politic and corporate under the name and style of the City of Donalsonville, Georgia, and by that name shall have perpetual succession, may contract and be contracted 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. Creation. Section 1.02. Corporate Limits . The corporate limits of the City of Donalsonville shall be a square and described as follows: The boundary lines shall run north and south and east and west, with the intersection of Tennille Avenue and Third Street in the City of Donalsonville as a center draw line north, east, south and west, one mile each, the same to bisect equally the north, east, south and west lines of a square, the sides of which are two miles each, and the territory situated in said square to be the City of Donalsonville,

Page 3846

and the lines of said square to be the north, east, south and west boundary lines or corporate limits of the City of Donalsonville. Section 1.03. Corporate Powers . The corporate powers of the city, to be exercised by the mayor and council shall include the following: (a) To levy and to provide for the assessment, valuation, revaluation, 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; 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 bonds issued 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 corporate boundaries of the city. (e) To condemn property, inside or outside the corporate boundaries 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. (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, electrical power system, and a community antenna televisions system, both inside and outside the corporate limits,

Page 3847

subject to the provisions of applicable general law. For water, gas and electricity furnished, and for all sewerage and sanitary service 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 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, 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 education, 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. (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 and to provide all power and authority to exercise all necessary and proper means to keep the city limits free from garbage, trash and filth. 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

Page 3848

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 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 the same within ten days after written notice and hearing 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 ordinances; or the mayor and council may provide for the commitment of city prisoners to any county works camp, or jail, or to any other government agency, by agreement with the appropriate county officers or any other government agencies. (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 violation of any ordinance or lawful orders; also to provide for their disposition, by sale, gift, or humane destruction, when not redeemed as

Page 3849

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. (r) To provide that upon the conviction of the violation of any ordinance, rule, regulation or order such person shall be punished as provided by ordinance but not exceeding the limitations prescribed by this charter. (s) To exercise and enjoy all other power, 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; 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. (t) To levy taxes and to make appropriations for the purpose of advertising said city, its advantages and resources, so as to bring new capital, commercial, 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 3850

(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. Section 1.04. Ordinances . 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. ARTICLE II . CITY GOVERNMENT . Section 2.01. Establishment of City Government . The corporate governmental powers of the City of Donalsonville shall be vested in a mayor and four councilmen to be known as the Mayor and Council of the City of Donalsonville. 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 so prescribed, in such manner as prescribed by the duly established ordinances of the City of Donalsonville. Section 2.02. Qualification for Mayor and Councilmen . To be eligible for the office of mayor or councilman, elected or appointed, a person must be at least twenty-one years of age, must meet the requirements of a qualified elector for members of the General Assembly, as prescribed by State law, must be a registered voter in the City of Donalsonville, and must be a bona fide resident of the City of Donalsonville for one year next preceding the time of the holding of the election in which he offers as a candidate. In the event a councilman runs for the office of mayor, the council post which he holds shall become vacant as of January 1 following his qualifying as a candidate for mayor, and such vacancy shall be filled for the unexpired term in the same manner as other vacancies are filled. Section 2.03. Election of Mayor and Councilmen . Those persons presently elected to office shall continue to serve

Page 3851

until their successors are duly elected and qualified as provided by law. On the first Tuesday in November 1971, and on said date every two years thereafter, a general election shall be held for the two councilmen whose terms of office are expiring. The two councilman seats to be filled in elections in odd-numbered years shall be known as Post 1 and Post 2, respectively. The two candidates for councilmen in said election who receive the highest number of votes in their respective races shall be elected for terms of office of two years each and until their successors are duly elected and qualified. On the first Tuesday in November 1972, and on said date every two years thereafter, a general election shall be held for mayor and the two councilmen whose terms of office are expiring. The two councilmen seats to be filled in elections in even-numbered years shall be known as Post 3 and Post 4, respectively. The candidate for mayor who receives the highest number of votes cast in said election and the two candidates for councilmen who receive the highest number of votes cast in their respective races shall be elected for terms of office of two years each and until their successors are duly elected and qualified. Section 2.04. Terms of Office . The terms of office for mayor and councilmen shall begin at the first regular council meeting in January, next succeeding the election and shall continue for two years and until their successors are elected and qualified. Section 2.05. Council . The council shall meet in regular sessions on the first Tuesday of each month or at such other time as announced by the mayor, and in special sessions on the call of the mayor, or 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 convened. Only the business stated in the written call may be transacted

Page 3852

at a special meeting, except by unanimous consent of all members of the city council. The council shall exercise its powers in public meetings. A majority of the city council shall constitute a quorum. The city council may provide by ordinance for punishment for contemptuous behavior conducted in the presence of the council. Section 2.06. Mayor as Presiding Officer . The mayor shall preside at meetings of the city council and shall have a vote only in the case of a tie vote by the council; shall be 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; and shall perform such other duties imposed by this charter and duly adopted ordinances. Section 2.07. 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 city council's failure to elect a mayor pro tem at its first 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 from the city, his sickness, his disqualification, or until the replacement of the mayor by a special election, upon the mayor's death or resignation. Section 2.08. Vacancy in Office of Mayor or Councilmen . 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 city council, which leave shall be entered upon the minute books; or if he is adjudged incompetent or is convicted of malfeasance in office, or of a felony, or any violation of election laws. The mayor and council shall appoint a qualified person to fill any such vacancy in the office of councilman, said person to hold office until the next regular election.

Page 3853

At no time shall there be more than one councilman so appointed holding office; and if a vacancy occurs on the city 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, 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 . The mayor and council may determine the salary of the mayor and councilmen by ordinance, provided, however, no ordinance increasing the salary of the mayor or councilmen shall become effective until the date of commencement of the terms of mayor or councilmen elected at the next regular election. Each councilman and the mayor, when authorized by the mayor and 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 . 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 mayor and council and keeping a journal of its proceedings at such meetings, including the name 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 ordinances; and performing such other duties as may be required by the council or mayor. The mayor and council shall require the clerk-treasurer,

Page 3854

before entering upon discharge of his duties to give good and sufficient bond in an amount to be decided by the mayor and council but not less than $5,000.00; said bond payable to the City of Donalsonville 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 . Any action of the mayor and council having a regulatory or penal effect or required to be done by ordinance under this Act, shall be done only by ordinance. Each ordinance shall be in written form before being voted upon. A majority vote of those persons present 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. 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 mayor and 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

Page 3855

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. 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; 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, and shall perform such other duties as provided by the mayor and City council. 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 Donalsonville, 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, councilmen and city attorney, shall continue in the employment of the city after becoming a candidate for nomination of election to any city office. Section 3.06. City Planning Renewal . The mayor and 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 3856

ARTICLE IV . FISCAL ADMINISTRATION . Section 4.01. Fiscal Year . The fiscal year of city government shall begin on the first day of June and shall end on the thirty-first day of May of each year, but a different fiscal year may be established 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 report 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 mayor and 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 expenditures during the preceding fiscal year, (b) appropriation 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 . 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

Page 3857

agrees that there is such an emergency. If conditions prevent the adoption of an appropriations 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 budget, at any regular or special meeting called for such purpose, but any such additional appropriations may be made only from an existing unappropriated surplus. 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 general fund as unappropriated surplus or reserves. 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 lives, health or property of inhabitants. 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 modification as the council considers necessary or desirable. No appropriations provided for in the capital improvements budget shall lapse until the purpose for which the appropriation

Page 3858

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. Annual Audit . The mayor and council shall employ a certified public accountant to make an annual audit of all financial books and records of the city. The accountant shall file his report which shall be furnished or made available to the mayor and every councilman. Section 4.08. 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 fairly represent the general financial condition of the city, as of the close of the preceding fiscal year. 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 returned for taxes on or before April 1. If such return is not made by the property owner, the assessing authority, which can be either the board of assessors of the city, which shall consist of two councilmen and a property owner, the county assessing authority, or such other authority as the council by ordinance may designate, shall assess such property for taxation from the best information he can obtain as to its value for the year in default, and notify said owner of the valuation, which shall be final, unless the owner shall claim that it is excessive, said claim to be asserted as provided by general law. Any assessment made by the assessing authority, as designated by the mayor and city council, shall unless otherwise

Page 3859

provided by this charter, be subject to arbitration. The arbitration procedures for determining the correctness or validity of any assessment shall be as provided by State law. 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 mayor and city council by ordinance may provide for an independent city assessment as provided by Georgia law or may elect to use the county assessment for the year in which city taxes are to be levied. If an independent city assessment is made, a board of equalization consisting of three resident property owners of the city appointed by the mayor and city 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. 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 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 for the purposes of raising revenues to defray the costs of operating the city government, providing governmental services, and for any other public purpose, in addition to a sufficient levy to pay principal and interest on general obligations. Said city is hereby exempted from the provisions of Georgia Code Sections 92-4101 to 92-4104. 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 20, of each year, which time may be changed by ordinance and at which time a penalty of ten percent (10%) in adidition to fi. fa. charge shall be added and thereafter such taxes shall be subject to interest at the rate of nine percent (9%) per annum, from the due date until paid. On and after the date when such taxes become

Page 3860

delinquent, the tax records of the city shall have the force and effect of a judgment of a court of 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 due notice and hearing to be prescribed by the mayor and council, for the current or any previous year, not in conflict with any limitation prescribed by laws of Georgia; to provide 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 4.12. 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 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 clerk of the City of Donalsonvile 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 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 in 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 county ad valorem tax fi. fa. as the same now exists or as may from time to time be provided by law.

Page 3861

ARTICLE V . ELECTIONS . Section 5.01. Regular Elections . Time for Holding and Taking Office. The regular election for mayor and city council, or councilmen, as the case may be, shall be held on the first Tuesday in November of each year. Officials elected at any regular election shall take office at the first regular council meeting in January next following such election. Section 5.02. Qualification of Candidates . Any person desiring to become a candidate in any regular election shall file written notice of his candidacy with the municipal superintendent not less than fifteen (15) nor more than forty-five (45) days, as prescribed by ordinance, prior to the date fixed for the holding of any such election. Any person desiring to become a candidate in any special election shall file written notice of his candidacy with the municipal superintendent not less than ten (10) days nor more than thirty (30) days, as prescribed by ordinance, prior to the date fixed for the holding of any such election. The notice of candidacy shall be accompanied by such qualification fee as prescribed by ordinance not exceeding $25.00. Section 5.03. Nomination Petitions . Nominations of candidates for public office may also be made by nomination petitions, in accordance with Section 34A-910 of the Code of Georgia of 1933, as presently enacted or as may hereafter be amended. The mayor and council may provide by ordinance all rules and requirements regulating the use and validity of said petitions. In order for the name of any candidate to be placed on a ballot by nomination petition, said petition must be signed by a sufficient number of valid signatures equal to ten (10) percent of the number of qualified voters registered to vote in the last general election in the city. Section 5.04. 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

Page 3862

resident of the City of Donalsonville for ninety days next preceding the election in which he desires to vote or for such period as may otherwise be provided by the Georgia Municipal Election Code, shall be qualified to register as an elector in any city election held under this charter. Section 5.05. Applicability of General Laws . Except as otherwise provided by this charter, the election of all officials of the City of Donalsonville where provision is made for election by the qualified voters thereof, shall be 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. Whenever any time period established by the Election Code is altered so as to change or supersede any time period provided herein, it shall be considered that the time periods provided herein will be correspondingly changed so as to avoid any conflict between this charter and the general law of the State. Section 5.06. Time of Election . The polls shall be opened from 7 o'clock a.m. local time to 7 o'clock p.m. local time. Section 5.07. 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; provided, however, any change in a polling place shall be effected as provided by section 34A-604 of the Code of Georgia of 1933 as it now exists or may hereafter be amended. Section 5.08. Voter Registration . In all elections held in the City of Donalsonville whether special or general elections, the voters, in addition to the qualifications already prescribed shall be registered as may be prescribed by ordinance. Section 5.09. 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.

Page 3863

Section 5.10. Call for Election . Any call for an election which is required to be made by the laws of this State shall be made by the mayor and council. 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 Donalsonville, 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 nonattendance; and to punish 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 Donalsonville 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 to 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 . The mayor shall serve as recorder, and in his absence or upon his disqualification, the mayor pro tem shall serve as such. 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 Donalsonville passed

Page 3864

in accordance with this charter, for each offense, in 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 (20) 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 Donalsonville, 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. The recorder's court shall also have concurrent jurisdiction with that of the justice of peace over offenses against the criminal cases 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 Donalsonville. 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, 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 and any bond as may be required to secure the costs on appeal to the Superior Court of Seminole County from the recorder's court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the Court of Ordinary. Provided, however, any person convicted of an offense shall have ten (10) days to file his appeal. An appeal to the superior court shall be a de novo proceeding.

Page 3865

Section 6.05. Court Costs . In all cases in the recorder's court of the City of Donalsonville, 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 mayor and council may establish a schedule of fees to defray the costs of operation and the city shall be entitled to reimbursement of the cost, meals, transportation, and caretaking of prisoners bound over to the superior court for violations of State law. The mayor and council may also provide a uniform scale of costs of the clerk and police officers of said city and 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 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 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 whole or in part the rules and regulations relative to the procedures of 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.

Page 3866

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 . 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 1971 Session of the General Assembly of Georgia a bill to repeal the existing charter of the City of Donalsonville in Seminole County and to provide for a new charter for the City of Donalsonville in Seminole County, Georgia; and for other purposes. This 29th day of December, 1970. /s/ Julian Webb Senator, 11th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Julian Webb who, on oath, deposes and says that he is Senator from the 11th 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: January 7, 14 and 28, 1971. /s/ Julian Webb Senator, 11th District Sworn to and subscribed before me, this 4th day of March, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. Approved April 10, 1971.

Page 3867

GOVERNMENTAL STUDY COMMITTEE FOR TIFT COUNTY CREATED. No. 735 (Senate Bill No. 336). An Act to create a Governmental Study Commission for Tift County; 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 for the construction of this Act; 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 Governmental Study Commission for Tift County which shall be composed of sixteen members as follows: Two members shall be appointed by the governing authority of Tift County; two members shall be appointed by the governing authority of the City of Tifton; one member shall be appointed by the governing authority of the Tift County Board of Education; one member shall be appointed by the governing authority of the City of Omega; one member shall be appointed by the governing authority of the City of Ty Ty; four members shall be appointed by the Board of Directors of the Tift County Chamber of Commerce; one member shall be appointed by the Board of Directors of Tift County Junior Chamber of Commerce; and the members of the General Assembly of Georgia who represent and reside in Tift County shall be members of the Commission. 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 appointed members has been appointed, they shall select enough additional members as to provide a total of sixteen members for the Commission. Members.

Page 3868

(b) In the event a vacancy occurs in the membership of the Commission, said vacancy shall be filled by the appointing authority within thirty days. If members are not appointed to the Commission by the appointing authorities named in subsection (a) or vacancies are not filled by such appointing authorities within the time prescribed, the remaining members shall appoint such members or fill such vacancies as the case may be. Vacancy. Section 2 . (a) The Commission shall elect from its own membership a chairman, 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 governing authority of Tift County shall designate a 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. Officers. (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 month. The Commission shall adopt from time to time such rules, regulations and methods 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 authorities of Tift County and the City of Tifton. Meetings. Section 3 . The Commission shall study the structures, functions and operation of Tift County and the various county and municipal governments, governing authorities, political subdivisions, public agencies, offices, courts, officers, boards, bureaus and authorities within Tift County. Study. Section 4 . The Commission shall submit to the members of the Tift County Delegation to the General Assembly of Georgia, the governing authorities of Tift County and all municipalities within Tift County, and all agencies, boards

Page 3869

and bureaus to be affected thereby, a reports or reports embodying the Commission's findings and recommendations as herein contemplated. Such report shall be submitted as hereinbefore provided on or before the first day of January, 1973. Report. 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 Tift County and the City of Tifton. The Commission may employ consultants and such special technical and clerical assistance as may be necessary to enable it to 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. Hearings. Section 6 . (a) The funds necessary to carry out the provisions of this Act may come from funds appropriated to the Commission by the governing authorities of Tift County and the City of Tifton. Funds appropriated to the Commission shall be apportioned between Tift County and the City of Tifton as follows: Fifty percent shall come from the funds of Tift County and fifty percent shall come from the funds of the City of Tifton. Nothing herein shall be construed to require that the governing authorities of the City of Tifton or of Tift County appropriate any particular amount of funds for the Commission. Funds. (b) Within ninety days after the organizational meeting of the Commission, the Commission shall submit to the governing authorities of Tift County and the City of Tifton a proposed budget for its initial fiscal period of operation which may be for any number of months not to exceed twelve 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 budgets of the Commission shall be submitted to said governing authorities at least sixty days prior to the expiration of the fiscal period

Page 3870

covered by the previous budget, and such budgets may also be for any number of months not exceeding twelve 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. Budget. (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 Tift County and the governing authority of the City of Tifton 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. Expenses. (d) The funds appropriated and authorized to be appropriated by Tift County and the City of Tifton are for public purposes and are directly related to essential administrative and other governmental functions of said county and municipalities. (e) The Commission shall not be authorized to create in any manner any debt, liability or obligation against Tift County or the City of Tifton. 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. 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. 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

Page 3871

of Tift County and the City of Tifton 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. Purpose. Section 10 . This Act, being for the welfare of the citizens of Tift County and the City of Tifton, shall be liberally construed to effect the purposes thereof. Construction. Section 11 . The Commission created by this Act shall stand abolished on January 1, 1973. Any funds appropriated to the Commission which are unexpended on that date shall be returned to the governing authority of Tift County and the City of Tifton in the same proportion that said funds were appropriated to the Commission by said governing authorities. 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 Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1971 Session of the General Assembly of Georgia, a bill to provide for the creation of a governmental study commission for Tift County, to study the structures, functions and operations of Tift County and the various county and municipal governments, governing authorities, political subdivisions, public agencies, offices, courts, officers, boards, bureaus and authorities within Tift County; to provide for the selection of the members of the commission; to provide for the duties and responsibilities of such members; and for other purposes. This 13th day of January, 1971. John B. Prince, President Tift County Chamber of Commerce

Page 3872

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ford B. Spinks, who, on oath, deposes and say that he is Senator from the 9th 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 16, 23, 30 and February 6, 1971. /s/ Ford B. Spinks Senator, 9th District Sworn to and subscribed before me, this 6th day of March, 1971. /s/ Alice E. Enright Notary Public, Georgia State at Large. My Commission Expires April 5, 1974. Approved April 10, 1971. RICHMOND COUNTYPROVISIONS FOR CERTAIN JUDGE EMERITUS POSITIONS MADE, ETC. No. 736 (House Bill No. 142). An Act to provide the procedures whereby a Judge of the Municipal Court, City of Augusta, Richmond County, and the Civil Court of Richmond County shall be eligible to become a Judge Emeritus of such courts; to provide for the powers, duties and responsibilities of such judges emeritus; to provide for the compensation of such Judges Emeritus; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3873

Section 1 . Any Judge of the Municipal Court, City of Augusta, Richmond County, Georgia, or Civil Court of Richmond County, Georgia, whether appointed or elected or both, as the case may be, who shall have at least 25 years of service, 5 years of which may be as an employee of the county, or as Assistant Solicitor of the State Court of Richmond County, and 20 years of which may be as Judge of the Municipal Court or Civil Court of Augusta, Richmond County, Georgia, or as Judge or Solicitor of any Court of Record in Richmond County, Georgia, from which an appeal may be taken directly to the Court of Appeals of Georgia, or the Supreme Court of Georgia, being allowable in computing such 25 years of service; and who is still in service as such Judge at the time of his eligibility, shall be eligible to become Judge Emeritus at his discretion at any time after becoming eligible. Provided further, that any Judge of the Municipal Court, City of Augusta, Richmond County, Georgia, or Civil Court of Richmond County, Georgia, who shall have attained the 25 years of service aforesaid may elect to become Judge Emeritus and become Judge Emeritus of said Court, by presenting to the Board of Commissioners of Roads and Revenue of Richmond County, Georgia, satisfactory evidence of eligibility as above set out, at which time he shall become Judge Emeritus. Eligibility. Section 2 . When said Judge becomes Judge Emeritus of said Court and notifies in writing the Governor of Georgia and the Board of Commissioners of Roads and Revenue, of Richmond County, Georgia, of his election to become Judge Emeritus, the Governor shall fill the office of elected Judge, by appointment for the unexpired term of said elected Judge. Notice. Section 3 . The said Judge Emeritus of the Municipal Court, City of Augusta, Richmond County, Georgia, or the Civil Court of Richmond County, Georgia, shall be empowered, qualified and authorized to hold court for the State Court of Richmond County, Georgia whenever any of the regularly elected or appointed Judges of said State Court of Richmond County, Georgia, considers the condition of the docket congested to the extent that the services of an extra Judge are needed, or when the regular elected or appointed

Page 3874

Judge feels that the needs of Justice will be best met by said Judge Emeritus presiding, or where or when said regular elected or appointed Judge of State Court of Richmond County, Georgia, is disqualified by law. The Judge Emeritus may be called into service in the State Court of Richmond County, Georgia, by order passed by any regular elected or appointed Judge of said State Court. Section 4 . By order of the regular elected or appointed Judge of Municipal Court, City of Augusta, Richmond County, Georgia, or Civil Court of Richmond County, Georgia, the Judge Emeritus may be called into trial service in the Municipal Court, City of Augusta, Richmond County, Georgia, or the Civil Court of Richmond County, Georgia, by way of request. If the said regular elected or appointed Judge of such Court or Courts, is so incapacitated that he cannot issue such request order, then a Judge of the Superior Court, Richmond County, Georgia, can be signing a like order, request the services of the said Judge Emerittus. Section 5 . The Judge Emeritus shall not hold any compensating position with the State of Georgia, United States of America, Richmond County, or City of Augusta, or agencies of any, except upon taking a leave of absence as such Judge Emeritus and forever waiving and relinquishing compensation during and for such leave of absence; the Judge Emeritus shall be disqualified from engaging in the practice of law in any Court in which he is qualified to serve as Judge Pro Hac Vice. Section 6 . Said Judge Emeritus of Municipal Court, City of Augusta, or Civil Court of Richmond County, Georgia, shall be entitled to receive and shall receive as compensation sixty percent (60%) of the total amount received while a regular Judge as computed on the twelve (12) month period immediately prior to becoming Judge Emeritus, to be paid monthly out of the Treasury of Richmond County, Georgia, by the person or persons charged by law with paying out the money of Richmond County, Georgia. Compensation. Section 7 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3875

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 1971, for the enactment of local legislation to amend the Act creating the Municipal Court, City of Augusta, Richmond County, Georgia, approved August 28, 1931, page 270, as heretofore amended. Said Acts apepar in Ga. L. 1965, pp. 2144 through 2167, and Ga. L. 1966, pp. 3312 through 3315 approved March 7, 1966, an Act approved March 24, 1970, Ga. L. 1970, pp. 3436-3452. This 15th day of December 1970. /s/ Mrs. E. H. Simpson Clerk, Municipal Court City of Augusta, Georgia. Seal. Sworn to and subscribed before me, this 15th day of December, 1970. /s/ Donna D. Hobbs. Georgia, Richmond County. Personally appeared, W. S. Morris, III, who being duly sworn says that he is an officer of Southeastern Newspapers Corporation, publisher of The Augusta Herald a daily newspaper in Augusta, in said State and County, and that the advertisment Notice of Intention to Introduce Local Legislation duly appeared in said newspaper on the following dates to wit: December 19-26-1970 - January 2-1971. /s/ W. S. Morris, III President of Southeastern Newspapers Corporation Publisher of The Augusta Herald

Page 3876

Sworn to and subscribed before me, this 4th day of January 1971. /s/ E. Arlyene Armstrong Notary Public, Richmond County, Ga. 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: December 19, 26, 1970 and January 2, 1971. /s/ Jack Connell Representative, 79th District Sworn to and subscribed before me, this 18th day of January, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. AMENDMENT TO ACT ALLOWING CERTAIN SOLICITORS TO BECOME MEMBERS OF COUNTY RETIREMENT SYSTEMPOPULATION CHANGES (145,000-165,000). No. 737 (House Bill No. 168). An Act to amend an Act authorizing the solicitors of certain city courts to become members of the retirement systems

Page 3877

of certain counties, approved April 28, 1969 (Ga. L. 1969, p. 3938), so as to change population figures contained therein and the census; 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 the solicitors of certain city courts to become members of the retirement systems of certain counties, approved April 28, 1969 (Ga. L. 1969, p. 3938), is hereby amended by striking from Section 1 the following: 135,000 nor more than 140,000, according to the United States Decennial Census of 1960, and substituting in lieu thereof the following: 145,000 nor more than 165,000, according to the United States Decennial Census of 1970. 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. Approved April 10, 1971. COMPENSATION TO R. L. CATO. No. 50 (House Resolution No. 9-17). A Resolution. Compensating R. L. Cato; and for other purposes. Whereas, on July 25, 1969, a 1968 Ford truck, owned by the Department of Corrections and operated by one of

Page 3878

its employees, was being driven south on Georgia Highway 178, approximately 7.3 miles south of Reidsville, Georgia; and Whereas, a 1966 International truck, owned by R. L. Cato and operated by Edward McCumbers, was being driven north on Georgia Highway 178; and Whereas, the Department of Corrections' truck turned left across the northbound lane of Georgia Highway 178 in front of the vehicle owned by R. L. Cato; and Whereas, the vehicles collided and R. L. Cato's vehicle was damaged in the amount of $3,297.42; and Whereas, the accident occurred through no fault or negligence of R. L. Cato or Edward McCumbers, so it is only fitting and proper that R. L. Cato be compensated for his loss. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Corrections is hereby authorized and directed to pay the sum of $3,297.42 to R. L. Cato. The said sum shall be paid from funds appropriated to or available to the Department of Corrections, and shall be in full and complete satisfaction of all claims arising out of said occurrence. Approved April 14, 1971. FULTON COUNTYPENSION SYSTEM AMENDED TO ALLOW FEMALE TEACHER TO DESIGNATE HUSBAND AS BENEFICIARY. No. 738 (House Bill No. 172). 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,

Page 3879

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 female teacher or employee may designate her husband as beneficiary; 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 . Section 6 of said Act as amended by an Act approved March 25, 1947 (Ga. L. 1947, p. 535) is further amended by striking from the second paragraph of said Section 6 of the sentence: A female teacher or employee may designate her minor child or children as beneficiary, but not her husband. and substituting in lieu thereof the following sentence: A female teacher or employee may designate her husband or minor child or children as beneficiary upon making back payments as hereinafter set forth, such designation to be made within six (6) months after passage and approval of this Amendment, or within sixty (60) days after marriage, or within sixty (60) days after the birth of the first child to such employee, or within sixty (60) days after such employee becomes employed by the Board of Education, whichever date is later. Section 2 . Said Act as amended is further amended by striking from said Act as amended the word wife whereever it appears, and substituting in lieu thereof the word spouse; and by striking from said Act the word widow wherever it appears, and substituting in lieu thereof the words surviving spouse; provided, however, that nothing in this amendment shall change the last sentence of Section 6 of said Act as amended, which sentence reads as follows:

Page 3880

Effective with the date of the approval of this amendment participation for the benefit of members' widows or minor child or children shall be compulsory as to all members hereafter employed, having either a wife or minor child or children, unmarried, and under the age of eighteen (18) years. Section 3 . Said Act as amended is further amended by adding thereto a new section which shall read as follows: In this Act, the masculine gender shall be construed to include a female, and the feminine gender shall be construed to include a male, where the context so requires. 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 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 1971 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 others purposes, Ga. L. 1945, p. 528-535, as heretofore amended; any matter germane to this general

Page 3881

subject may be included in such legislation or by amendment thereto. /s/ Douglas H. Purdee Chairman, Fulton County School Pension Board By Lula B. Carson Executive Secretary Georgia, Fulton County. 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 16, 23, 30 days of December, 1970, and on the 5 day of January, 1971 as provided by law. /s/ Mildred N. Lazenby Subscribed and sworn to before me, this 12th day of January, 1971. /s/ Maiodis F. Palmer Notary Public Georgia State at Large. My Commission Expires Jan. 19, 1972. (Seal). Approved April 10, 1971. RICHMOND COUNTYCERTAIN REFUND OF RETIREMENT BENEFITS. No. 739 (House Bill No. 186). An Act to amend an Act creating retirement benefits for employees of Richmond County, approved February 25,

Page 3882

1945 (Ga. L. 1945, p. 748), as amended, so as to provide for the refund of the entire contributions to the pension fund of a discharged employee under certain conditions; to provide an increase in retirement benefits under certain conditions; to provide that the surviving spouse of a deceased retired employee shall receive one-half of the benefits of the deceased employee under certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating retirement benefits for employees of Richmond County, approved February 25, 1945 (Ga. L. 1945, p. 748), as amended, is hereby amended by striking from section 20 the words fifty per centum of the and substituting in lieu thereof the following: the entire, and by striking the words fifty per centum and substituting in lieu thereof the word sum, so that when so amended, section 20 shall read as follows: Section 20. Any permanent employee who voluntarily absolutely separates from the service of said Board or from the service of the elective officer by whom he is employed or who is discharged as provided by the `Richmond Officers and Employees Act' appearing in Georgia Laws, Extra Session, 1937-1938, pages 875-880 inclusive, as amended or hereafter amended, or who is discharged by the elective officer under whom he is employed, before being retired under any provisions of this Act, shall have returned to him or his estate, within ninety (90) days of the date of application after he is absolutely separated or his discharge becomes final, the entire amount of deductions from his salary, wage or remuneration by virtue of this Act, without interest, less any disability payments he has received, provided such permanent employee has, after becoming such permanent employee and after the effective date of this Act, continued in continuous employment as provided by this Act for twelve months, and when said sum is returned to said employee, he shall not have any further claim or right to receive any fund, or payments whatsoever of any kind or character from said fund.

Page 3883

Section 2 . Said Act is further amended by inserting between sections 20 and 21 a new section, to be known as section 20A, to read as follows: Section 20A. When the compensation provided for any position of employment with Richmond County is increased, any retired employee receiving any benefits under the provisions of this Act, who formerly occupied such position or a similar position, shall receive credit for 33-[UNK] percent of the increase in such compensation in computing benefits which such a retired employee shall receive under the provisions of this Act. The surviving spouse of any retired employee shall receive one-half of the benefits of the deceased employee, under the provisions of this Act, until such time as the surviving spouse shall remarry or die. 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 local legislation will be Introduced at the regular January, 1971 Session of the General Assembly of Georgia, which will amend Ga. L. 1945, pages 748-763, as amended by Ga. L. 1953, November-December Session pages 2624-2629, as amended by Ga. L. 1966, pages 3360-3364, which is an Act to provide a Pension System for permanent employes of the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, as is now and hereinafter constituted, to provide for pension benefits to the surviving widow or widower, child or children or dependent parent of a deceased county employee, also so as to provide for pension benefits to surviving widow or widower, child or children or dependent parent of a county employee who is killed in line of duty; and to change the age of voluntary retirement, to increase the contribution paid to the said pension fund and to increase the benefits derived from the said pension fund, and for other purposes. This 17th day of December, 1970. Bernard F. Miles House of Representatives

Page 3884

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: December 19, 26, 1970; January 2, 1971. /s/ W. S. Morris, III Pres. Pub. Sworn to and subscribed before me, this 19th day of January 1971. /s/ E. Arlyene Armstrong Notary Public, Richmond County, Ga. (Seal). Approved April 10, 1971. COMPENSATION TO SUPREME MEADOW ICE CREAM COMPANY. No. 51 (House Resolution No. 11-18). A Resolution. Compensating the Supreme Meadow Ice Cream Co.; and for other purposes. Whereas, on May 27, 1970, a 1966 Ford one-half ton truck belonging to the Supreme Meadow Ice Cream Co. of Douglas, Georgia, was parked on S. Peterson Avenue in the city limits of Douglas, Georgia; and Whereas, a truck owned by the Georgia Highway Department

Page 3885

and operated by one of its employees, was delivering a 21-744 International cycle mower; and Whereas, the chains restraining the mower blade disengaged, allowing the blade to extend three feet past the bed of the truck trailer; and Whereas, the mower blade struck the parked truck of the Supreme Meadow Ice Cream Co. on the right front fender, causing damage down the side of the truck in the amount of $85.30; and Whereas, the accident occurred through no fault or negligence of the Supreme Meadow Ice Cream Co., so it is only fitting and proper that it be reimbursed for its loss. Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia Highway Department is hereby authorized and directed to pay to the Supreme Meadow Ice Cream Co. the sum of $85.30. The said sum shall be from funds appropriated to or available to the Georgia Highway Department, and shall be in full and complete satisfaction of all claims arising out of said occurrence. Approved April 14, 1971. CITY OF ARLINGTONNEW CHARTER. No. 740 (House Bill No. 212). An Act to reincorporate the City of Arlington in the County of Calhoun and Early; 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 their selection, oath, compensation, powers, duties and terms of office; to provide for filling vacancies; to provide for the fiscal administration

Page 3886

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 the registration of voters; to provide for the method of conducting election; 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 of the recorder; 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 Arlington, Georgia, repealing and replacing the charter as provided by Georgia Laws of 1890-91, p. 867; Georgia Laws of 1903, p. 194; Georgia Laws of 1904, p. 339; Georgia Laws of 1905, p. 607, p. 429; Georgia Laws of 1910, p. 368; Georgia Laws of 1911, p. 551; Georgia Laws of 1913, p. 492; Georgia Laws of 1917, p. 519, 522; Georgia Laws of 1919, p. 813; Georgia Laws of 1923, p. 428; Georgia Laws of 1929, p. 550; Georgia Laws of 1941, p. 1048; and Georgia Laws of 1966, p. 2795. The City of Arlington, Georgia, in the Counties of Calhoun and Early, and the inhabitants thereof, shall continue to be a body politic and corporate under the name and style of the City of Arlington, Georgia, and by that name shall have perpetual succession, may contract and be contracted 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. Creation. Section 1.02. City Boundaries . The corporate limits of the City of Arlington shall extend two miles East and West

Page 3887

and two miles North and South as follows: One mile East and one mile West from the Central of Georgia Railway depot in said city, and one mile North and one mile South from said Central of Georgia Railway depot, thus forming a square with the Central of Georgia Railway depot in the center, and thus containing four square miles. Section 1.03. Corporate Powers . Be it further enacted, that the corporate powers of the city, to be exercised by the mayor and council shall include the following: (a) To levy and to provide for the assessment, valuation, revaluation, 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; 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 bonds issued 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 corporate boundaries of the city. (e) To condemn property, inside or outside the corporate boundaries 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. (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,

Page 3888

and a community antenna televisions 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 service 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 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, 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 education, 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. (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 and to provide all power and authority to exercise all necessary and proper means to keep the city limits free from garbage, trash and fifth. 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

Page 3889

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) The 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 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 the same within ten days after written notice and hearing 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 ordinances; or the mayor and council may provide for the commitment of city prisoners to any county work camp, or jail, or to any other government agency, by agreement with the appropriate county officers or any other government agencies. (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 violation of any ordinance or lawful orders; also to provide for their disposition, by sale, gift, or humane destruction, when not redeemed as provided

Page 3890

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. (r) To provide that upon the conviction of the violation of any ordinance, rule, regulation or order such person shall be punished as provided by ordinance but not exceeding the limitations prescribed by this charter. (s) To exercise and enjoy all other power, 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; 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. (t) To levy taxes and to make appropriations for the purpose of advertising said city, its advantages and resources, so as to bring new capital, commercial, 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 3891

(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. 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. ARTICLE II CITY GOVERNMENT Section 2.01. Establishment of City Government . Be it further enacted, that the corporate governmental powers of the City of Arlington shall be vested in a mayor and six councilmen to be known as the Mayor and Council of the City of Arlington. 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 Arlington. Section 2.02 Qualification 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, must meet the requirements of a qualified elector for members of the General Assembly, as prescribed by state law, must be a registered voter in the City of Arlington, and must be a bona fide resident of the City of Arlington for one year next preceding the time of the holding of 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.

Page 3892

On the first Tuesday in November 1971, and on said date every two years thereafter, a general election shall be held for the three councilmen whose terms of office are expiring. The three councilman seats to be filled in elections in oddnumbered years shall be known as Post 1, Post 2, and Post 3, respectively. The three candidates for councilmen in said election who receive the highest number of votes in their respective races shall be elected for terms of office of two years each and until their successors are duly elected and qualified. On the first Tuesday in November 1972, and on said date every two years thereafter, a general election shall be held for mayor and the three councilmen whose terms of office are expiring. The three councilman seats to be filled in elections in even-numbered years shall be known as Post 4, Post 5, and Post 6, respectively. The candidate for mayor who receives the highest number of votes cast in said election and the three candidates for councilmen who receive the highest number of votes cast in their respective races shall be elected for terms of office of two years each and until their successors are duly elected and qualified. Section 2.04. Terms of Office . Be it further enacted, that the terms of office for mayor and councilmen shall begin at the first regular council meeting in January, next succeeding the election and shall continue for two years and until their successors are elected and qualified. Section 2.05. Council . Be it further enacted that the council shall meet in special sessions on call of the mayor, or mayor pro-tem and three 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 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 city council. The council shall exercise its powers in public meetings. A majority of the city council shall constitute a quorum. The city council may provide by ordinance for punishment

Page 3893

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 city council, shall have a vote only in the case of a tie vote by the council; shall have veto powers in which case the mayor shall have five days after meetings of the council in which to file in writing with the clerk his dissent, but the council may at the same meeting or any subsequent meeting within thirty-one (31) days, pass any such ordinance, order or resolution, notwithstanding the veto, by a vote of two-thirds of the total number of councilmen, to be taken by ayes and nays and entered upon the minutes; shall be ceremonial head of the city; shall sign ordinances and resolutions on their final passage; may obtain short terms loans in the name of the city 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 city council's failure to elect a mayor pro-tem as its first 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 from the city, his sickness, his disqualification, or until the replacement of the mayor by a special election, upon the mayor's death or resignation. Section 2.08. Vacancy in Office of Mayor or Councilmen . Be it further enacted, that 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 city council, which leave shall be entered upon the minute books; or if he is adjudged incompetent or is convicted of malfeasance in office, or of a felony, or any violation of election laws.

Page 3894

The mayor and council shall appoint a qualified person to fill any such vacancy in the office of councilman, said person to hold office until the next regular election. At no time shall there be more than one councilman so appointed holding office; and if a vacancy occurs on the city 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 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 mayor and council may determine the salary of the mayor and councilmen by ordinance, provided, however, no ordinance increasing the salary of the mayor or councilmen shall become effective until the date of commencement of the terms of mayor and councilmen elected at the next regular election. Each councilman and the mayor, when authorized by the mayor and 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 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 mayor and council and keeping a journal of its proceedings at such meetings, including the name 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

Page 3895

fees may be prescribed by ordinances; 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 an amount to be decided by the mayor and council but not less than $5,000.00; said bond payable to the City of Arlington 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 mayor and council having a regulatory or penal effect or required to be done by ordinance under this Act, shall be done only by ordinance. Each ordinance shall be in written form before being voted upon. A majority vote of those persons present 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. 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 mayor and 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

Page 3896

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. 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, and shall perform such other duties as provided by the mayor and city council. 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: 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 Arlington, 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.

Page 3897

Section 3.06. City Planning Renewal . Be it further enacted, that the mayor and 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 . Be it further enacted, that the fiscal year of 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 established 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 report 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 mayor and 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 expenditures during the preceding fiscal year, (b) appropriation 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

Page 3898

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 appropriations 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 budget, at any regular or special meeting called for such purpose, but any such additional appropriations may be made only from an existing unappropriate surplus. 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 general fund as unappropriated surplus or reserves. 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 appropriation for such project are included in the capital improvements budget, except to meet a public emergency threatening lives, health or property of inhabitants. Such capital improvements budget may be revised and extended each year with

Page 3899

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 modification as the council considers necessary or desirable. No appropirations 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. Annual Audit . Be it further enacted, that the mayor and council shall employ a certified public accountant to make an annual audit of all financial books and records of the city. The accountant shall file his report which shall be furnished or made available to the mayor and every councilman. Section 4.08. 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 4.09. Property Taxes . Be it further enacted, that all property subject to taxation for state or county purposes, assessed as of January 1, in each year, shall be returned for taxes on or before April 1. If such return is not made by the property owner, the assessing authority, which can be either the board of

Page 3900

assessors of the city, which shall consist of two councilmen and a property owner, the county assessing authority, or such other authority as the council by ordinance may designate, shall assess such property for taxation from the best information he can obtain as to its value for the year in default, and notify said owner of the valuation, which shall be final, unless the owner shall claim that it is excessive, said claim to be asserted as provided by general law. Any assessment made by the assessing authority, as designated by the mayor and city council, shall unless otherwise provided by this charter, be subject to arbitration. The arbitration procedures for determining the correctness or validity of any assessment shall be as provided by State law. 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 mayor and city council by ordinance may provide for an independent city assessment as provided by Georgia law or may elect to use the county assessment for the year in which city taxes are to be levied. If an independent city assessment is made, a board of equalization consisting of three resident property owners of the city appointed by the mayor and city 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. Except as otherwise provided in this Section, appeals involving city property assessments may be taken as now or as may hereafter be provided by general law. Section 4.10. 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 for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services, and for any other public purpose, in addition to a sufficient levy to pay principal and interest on general obligations. Said city is hereby exempted from the provisions of Georgia Code section 92-4101 to 92-4104.

Page 3901

Section 4.11. 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, which time may be changed by ordinance and at which time a penalty of ten percent (10%) in addition to fi. fa. charge shall be added and thereafter such taxes shall be subject to interest at the rate of nine percent (9%) 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. 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 conflict with any limitation prescribed by laws of Georgia; to provide 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 4.12. Collection of Delinquent Taxes . Be it further enacted, that the council may provide by ordinance for the collection and delinquent taxes by fi. fa. issued by 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 4.13. Transfer of Executions . Be it further

Page 3902

enacted, that the Clerk of the City of Arlington 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 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 county ad valorem tax fi. fa. as the same now exists or as may from time to time be provided by law. Section 4.14. Special Assessments . Be it further enacted, that the mayor and 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 nine percent (9%) 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

Page 3903

for mayor and city council, or councilmen, as the case may be, shall be held on the first Tuesday in November of each year. Officials elected at any regular election shall take office at the first regular council meeting in January 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 election shall file written notice of his candidacy with the municipal superintendent not less than fifteen (15) nor more than forty-five (45) days, as prescribed by ordinance, prior to the date fixed for the holding of any such election. Any person desiring to become a candidate in any special election shall file written notice of his candidacy with the municipal superintendent not less than ten (10) days nor more than thirty (30) days, as prescribed by ordinance, prior to the date fixed for the holding of any such election. The notice of candidacy shall be accompanied by such qualification fee as prescribed by ordinance not exceeding $25.00. Section 5.03. Nomination Petitions . Be it further enacted, that nominations of candidates for public office may also be made by nomination petitions, in accordance with Sections 34A-910 of the Code of Georgia of 1933, as presently enacted or as may hereafter be amended. The mayor and council may provide by ordinance all rules and requirements regulating the use and validity of said petitions. In order for the name of any candidate to be placed on a ballot by nomination petition, said petition must be signed by a sufficient number of valid signatures equal to ten (10) percent of the number of qualified voters registered to vote in the last general election in the city. Section 5.04. Qualification of Electors . Be it further enacted, that 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 Arlington for ninety days next preceding the election in which he desires to vote or for such period as may otherwise be provided by the Georgia Municipal Election Code, shall be

Page 3904

qualified to register as an elector in any city election held under this charter. Section 5.05. 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 Arlington where provision is made for election by the qualified voters thereof, shall be 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. Whenever any time period established by the Election Code is altered so as to change or supersede any time period provided herein, it shall be considered that the time periods provided herein will be correspondingly changed so as to avoid any conflict between this charter and the general law of the State. Section 5.06. Time of Election . Be it further enacted, that the polls shall be opened from 7 o'clock a.m. local time to 7 o'clock p.m. local time. Section 5.07. 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; provided, however, any change in a polling place shall be effected as provided by Section 34-A-604 of the Code of Georgia of 1933 as it now exists or may hereafter be amended. Section 5.08. Voter Registration . Be it further enacted, that in all elections held in the City of Arlington, whether special or general elections, the voters in addition to the qualifications already prescribed shall be registered as may be prescribed by ordinance. Section 5.09. 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. Section 5.10. Call for Election . Be it further enacted, that

Page 3905

any call for an election which is required to be made by the laws of this State shall be made by the mayor and council. 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 Arlington, 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 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 Arlington 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 to 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 . 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 Arlington and Calhoun or Early County, and shall have resided in the city at least one year immediately preceding his appointment. The recorder shall be appointed by the mayor and council, and shall serve at

Page 3906

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) The recorder pro-tem shall serve in the absence of the recorder, shall have the same qualifications as the recorder and shall be appointed by the mayor and council. (c) Before entering on duties of his office, the recorder or the recorder pro-tem 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 Arlington passed in accordance with this charter, for each offense, in 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 Arlington, 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. The recorder's court shall also have concurrent jurisdiction with that of the justice of peace over offenses against the criminal cases of the State committed within the corporate limits. Except

Page 3907

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 Arlington. 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, 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 and any bond as may be required to secure the costs on appeal to the Superior Court of Calhoun County from the recorder's court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the Court of Ordinary. Provided, however, any person convicted of an offense shall have ten (10) days to file his appeal. 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 Arlington, 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 mayor and council may establish a schedule of fees to defray the costs of operation and the city shall be entitled to reimbursement of the cost, meals, transportation, and caretaking of prisoners bound over to the Superior Court for violations of State law. The mayor and council may also provide a uniform scale of costs of the clerk and police officers of said city and 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 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 . Be it further enacted, that with the approval of the mayor and council, the recorder

Page 3908

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 of 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 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 1971 Session of the General Assembly of Georgia a bill to create a new charter for the City of Arlington, Georgia, and for other purposes, being an act to repeal and replace an act of the General Assembly of Georgia, approved

Page 3909

October 9, 1891 and the acts amendatory thereof, entitled New Charter for the City of Arlington. This 29 day of December, 1970. J. T. Dailey Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. T. 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 Calhoun County News, which is the official organ of Calhoun County, on the following dates: January 7, 14, and 21, 1971. /s/ J. T. Dailey Representative, 53rd District Sworn to and subscribed before me, this 20th day of January, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. COMPENSATION TO JOAN ELIZABETH PUTNAM. No. 52 (House Resolution No. 13-18). A Resolution. Compensating Joan Elizabeth Putnam; and for other purposes.

Page 3910

Whereas, on August 5, 1970, a truck belonging to the State Highway Department and operated by an employee of the State Highway Department, was travelling east on Georgia Highway No. 53 approximately 6.1 miles west of Calhoun, Georgia; and Whereas, Joan Elizabeth Putnam was travelling west on Georgia Highway No. 53 in her vehicle and was passing the State Highway truck; and Whereas, the State Highway truck was partially off the road on the shoulder of the highway so that Joan Elizabeth Putnam could have safely passed the State Highway truck; and Whereas, the truck turned left across the path of Joan Elizabeth Putnam's vehicle and caused the two vehicles to collide; and Whereas, Joan Elizabeth Putnam's vehicle was damaged in the amount of $352.97; and Whereas, the cost to repair said damage has not been and cannot be reimbursed to Joan Elizabeth Putnam by insurance; and Whereas, the accident occurred through no fault or negligence of Joan Elizabeth Putnam, so it is only fitting and proper that she be reimbursed for her loss. 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 $352.97 to Joan Elizabeth Putnam. 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 14, 1971.

Page 3911

SUMTER COUNTY SUPERIOR COURT TERMS. No. 741 (House Bill No. 215). An Act to amend an Act providing for the terms of the Superior Court of Sumter County, approved March 24, 1965 (Ga. L. 1965, p. 274), so as to provide for two additional terms of said Superior Court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for the terms of the Superior Court of Sumter County, approved March 24, 1965 (Ga. L. 1965, p. 274), is hereby amended by inserting in section 1 following the words shall commence on the following: the fourth Monday in February,, and by inserting following the words fourth Monday in May the following: , the fourth Monday in August,, so that when so amended section 1 shall read as follows: Section 1. From and after the passage of this Act, the terms of the Superior Court of Sumter County shall commence on the fourth Monday in February, the fourth Monday in May, the fourth Monday in August, and the first Monday in December in each year. Terms. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1971.

Page 3912

CITY OF COBBTOWNCORPORATE LIMITS CHANGED. No. 742 (House Bill No. 346). An Act to amend an Act incorporating the City of Cobbtown in the County of Tattnall, approved August 19, 1919 (Ga. L. 1919, p. 897) 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 incorporating the City of Cobbtown in the County of Tattnall, approved August 19, 1919 (Ga. L. 1919, p. 897) as amended, is hereby amended by striking from section 2 the following: 6-8 mile and inserting in lieu thereof 1 and 1/2 miles so that when so amended section 2 shall read as follows: Section 2. Be it further enacted, that the corporate limits of said City of Cobbtown shall be embraced in a circle, whose diameter shall be 1 and 1/2 miles, and whose center shall be the railroad crossing nearest the depot in said City of Cobbtown. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Upon the unanimous request of the Mayor and Councilmen of the City of Cobbtown, we will introduce Legislation in the 1971 Session of the General Assembly, and seek passage thereof to change the City Charter of Cobbtown so as to extend the City Limits from its present 3/8 of a mile from the center of the City to 3/4 of a mile in a circle like a wheel. This 19th day of January, 1971. Rep. Dewey Rush Rep. Bill Salem Sen. Joe Kennedy

Page 3913

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 21, 28, February 4, 1971. /s/ Dewey D. Rush Representative, 51st District Sworn to and subscribed before me, this 8th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. WILKINSON COUNTYSHERIFF TO BE FURNISHED AUTOMOBILES. No. 743 (House Bill No. 357). An Act to amend an Act placing the sheriff of Wilkinson County on an annual salary in lieu of the fee system of compensation, approved March 24, 1965 (Ga. L. 1965, p. 2551), so as to authorize the governing authority of Wilkinson County to furnish the sheriff with such automobiles as may be required for him to adequately perform the official duties of his office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3914

Section 1 . An Act placing the sheriff of Wilkinson County on an annual salary in lieu of the fee system of compensation, approved March 24, 1965 (Ga. L. 1965, p. 2551), 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. The County shall furnish the sheriff with such automobiles as may be required for him to adequately perform the official duties of his office. Such automobiles shall be equipped with shortwave radios. The County shall be responsible for the operating expenses, maintenance, repair and replacement of such automobiles, which shall be replaced every two years or at 75,000 miles, whichever occurs first. 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 1971 Session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff of Wilkinson County on an annual salary in lieu of the fee system compensation, approved March 24, 1965 (Ga. L. 1965, p. 2551), so as to authorize the governing authority of Wilkinson County to furnish the sheriff with such automobiles as may be required for him to adequately perform the official duties of his office; and for other purposes. This 4th day of January, 1971. /s/ Floyd Harrington Representative, 34th District This is to certify that the attached legal advertisement

Page 3915

was printed in the Wilkinson County News on the following dates: January 7, January 14, January 21, 1971. /s/ Joe Boone, Editor and Publisher /s/ Mrs. Mary Curry, N.P. (Seal). Approved April 10, 1971. OCONEE COUNTY SHERIFF'S SALARY CHANGED, ETC. No. 744 (House Bill No. 380). An Act to amend an Act placing the sheriff of Oconee County on a salary basis, approved March 24, 1965 (Ga. L. 1965, p. 2430), so as to change the salary of the sheriff; to provide for an increase in salary for each year of service; to change the compensation to the sheriff for furnishing, maintaining and operating two automobiles; to provide for the sheriff to submit a mileage report by the tenth of each month; to change the compensation to the sheriff for feeding County prisoners; to provide for sheriff to submit a budget before a certain date each year; to define the procedure for securing additional automobiles; to provide for payment of doctor and hospital bills of the sheriff and/or deputies injured in the line of duty; to provide a record of fines and fees collected by and through the sheriff's office; to provide an effective date; to repeal conflicting laws; and for other purposes. Section 1 . An Act placing the sheriff of Oconee County on a salary basis, approved March 24, 1965 (Ga. L. 1965, p. 2430), is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows:

Page 3916

Section 2. From and after the effective date of this Act, the sheriff of Oconee County shall receive a salary of not less than $8,500.00 per annum, payable in equal monthly installments from the funds of Oconee County. Said salary shall be increased in the amount of one and one quarter percent (1 1/4%) for each year of service as sheriff. The sheriff shall be responsible for furnishing, maintaining and operating two automobiles for which he shall be compensated in an amount not less than eleven cents (.11) per mile, payable from the funds of Oconee County, for every mile traveled attending to official business. The sheriff shall also be reimbursed for his actual expenses while out of the County on official business. A mileage report shall be submitted by the tenth of each month. The sheriff shall receive from County funds, for each prisoner confined in the County jail, not less than $2.00 per day to feed said person. Section 2 . Said Act is further amended by adding at the end of section 3 the following: The records of the Superior Court, Ordinary's office, and the Tax collector's office shall serve as a record of the fines, fees, fi. fas., etc., collected by and through the sheriff's office., so that when so amended section 3 shall read as follows: Section 3. After the effective date of this Act, the sheriff 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 to the county fiscal authority on or before the 10th day of each month following the month in which they were collected or received. At the time of each such monthly payment, the sheriff shall also furnish the county fiscal authority a detailed, itemized statement, under oath, of all such funds received during the preceding month. The statement shall show the respective amounts of money collected

Page 3917

and the source thereof. The records of the Superior Court, Ordinary's office, and the Tax collector's office shall serve as a record of the fines, fees, fi. fas., etc., collected by and through the sheriff's office. Section 3 . Said Act is further amended by inserting therein a new section, to be known as section 5A, to read as follows: Section 5A. No later than the first Tuesday of June of each year, the sheriff shall certify to the governing authority of Oconee County a proposed budget of expenditures for carrying out the powers, duties and operations of his office for the ensuing fiscal year. The sheriff shall make a provision in the budget for any additional automobiles needed. Said additional automobiles shall be furnished by the County upon the approval by the Governing body of Oconee County. The sheriff shall submit with the proposed budget his sworn certificate, stating that the proposed expenditures are reasonable and necessary for the proper and efficient operation of his office for the ensuing year. Each proposed budget shall show the estimated amounts of all proposed expenditures for operating and equipping the sheriff's office and jail, other than construction, repair or capital improvement of County buildings during said fiscal year. The expenditures shall be itemized as follows: (a) Salaries of deputies and assistants. (b) Expenses, other than salaries (c) Equipment (d) Investigations (e) Such other items as may be required by the governing authority. The sheriff shall furnish the governing authority of Oconee County all relevant and pertinent information concerning expenditures made in previous years and to the proposed expenditures which said governing authority shall

Page 3918

deem necessary, except that the governing authority may not require confidential information concerning details of investigations. The governing authority of the County may require the sheriff to correct mathematical, mechanical, factual and clerical errors and errors as to form in the proposed budget. Section 4 . Said Act is further amended by inserting therein a new section, to be known as section 5B to read as follows: Section 5B. Either by providing insurance or by making payment out of the funds of Oconee County the County shall be responsible for the payment of any doctor and hospital bill of the sheriff and/or deputies who are injured or wounded in the line of duty. 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 of Intention. To apply for passage of Local Georgia, Oconee County. Notice is hereby given that I shall introduce a bill in the 1971 session of the General Assembly to change the compensation of the Sheriff of Oconee County pertaining to salary, mileage, expenses, and boarding of prisoners; to provide for the Sheriff's Office and the dates of submission of Budget to Board of Commissioners. This 8th day of December 1970. Alex B. Russell, Representative, 14th District

Page 3919

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Alex B. Russell, M. D. 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: December 9, 16, and 23, 1970. /s/ Alex B. Russell, M. D. Representative, 14th District Sworn to and subscribed before me, this 4th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. BARROW COUNTY BOARD OF EDUCATION, MEMBERS MAY EXERCISE CERTAIN POWERS, ETC. No. 745 (House Bill No. 386). An Act to provide that the members of the Board of Education of the Barrow County School System shall be authorized to meet and exercise certain powers prior to their taking office; to number Posts on the Board from the Winder School Area; to provide for the election of members of the Board from said Area; to provide that the Board may redefine School Areas; to provide for the filling of vacancies on the Board; to provide the procedures

Page 3920

connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The members of the Board of Education of the Barrow County School System who shall be elected in March, 1971, but who shall not assume office until July 1, 1971, shall have the authority after their election to meet at such times as shall be necessary prior to July 1, 1971, in order to provide for the orderly transition of the administration of the affairs of the existing school systems which are to be merged into the Barrow County School System. Each member of the Board shall receive the sum of $20.00 for each meeting he attends. The Board shall have the authority to enter into contracts and exercise such other powers as shall be necessary in order to provide for an orderly transition of the affairs of the school systems which are to be merged into the Barrow County School System. Transition period. Section 2 . Positions on the Board of those members who are elected from the Winder School Area shall be designated as Posts 1 through 4, respectively. Posts 1 and 2 shall be occupied by those members elected from the Winder School Area and whose terms of office shall expire in 1972. Positions 3 and 4 shall be those members elected from such area whose terms of office shall expire in 1974. Candidates offering for election to the Board from such area shall designate by number the particular Post for which they offer as a candidate. The members elected from the Winder School Area shall be elected thereto by the electors of the Barrow County School District residing within such area. Winder School Area. Section 3 . The Board of Education of the Barrow County School System shall have the authority to redefine and reconstitute each of the school areas of the System from which members are elected. Power. Section 4 . In the event a vacancy shall occur on the Board, the remaining members of the Board shall appoint a successor to fill such vacancy to serve until the next general election, at which time a successor to serve out the unexpired

Page 3921

term of office in which the vacancy shall have occurred shall be elected, unless within 60 days of said general election the term of office in which the vacancy shall have occurred shall expire, in which event the successor appointed by the Board shall continue to serve out the unexpired term of office. Vacancy. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Representative Alex B. Russell, representative of the 14th District, has been requested to introduce local legislation that would implement the merger of the Winder City School System and the Barrow County School System into the Barrow County School System as provided by the local constitutional amendment passed in the general election 1970. Aaron C. Looper Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Alex B. Russell, M. D. 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 6, 13, 20, 1971. /s/ Alex B. Russell, M. D. Representative, 14th District Sworn to and subscribed before me, this 8th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971.

Page 3922

CITY OF SANDERSVILLECHARTER AMENDED. No. 746 (House Bill No. 395). An Act to amend an Act incorporating the City of Sandersville, approved February 13, 1941 (Ga. L. 1941, p. 1692), as amended, so as to change the time of the election and installation of city officials; to change the method of electing the mayor; to change the compensation of the mayor; to change the compensation of the mayor pro tempore and the aldermen; 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 13, 1941 (Ga. L. 1941, p. 1692), as amended, is hereby amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. On the first Wednesday in December, 1971, an election shall be held, at which election, a mayor and five aldermen shall be elected. The mayor and aldermen shall take office on January 1, 1972, and shall hold office for two years and until their successors are elected and qualified. Thereafter, an election for these offices shall be held biennially on the first Wednesday in December and such officers shall take office on the first day of January, immediately succeeding the election. Election. Section 2 . Said Act is further amended by striking from section 7 the following: $1,200.00 and substituting in lieu thereof the following: $2,400.00, so that when so amended section 7 shall read as follows:

Page 3923

Section 7. Mayor and Aldermen, Qualifications: Be it further enacted by the authority aforesaid that no person shall be eligible to election to the office of mayor nor to office of alderman unless he shall have been a resident of said city for a period of one year prior to his election and immediately preceding election and shall be a qualified voter in election of City of Sandersville. The mayor shall receive a salary of $2,400.00 per annum, payable in twelve equal monthly installments from the general funds of the City of Sandersville. Qualifications. Section 3 . Said Act is further amended by striking section 19 in its entirety and substituting in lieu thereof a new section 19 to read as follows: Section 19. In case of a tie between two or more candidates having the highest vote in any election for alderman or other elective office, other than mayor, a run-off election shall be held between the parties having the highest vote; said election shall be ordered within fourteen days after the results of the election have been declared, and the person receiving the highest number of votes in this run-off election shall be declared elected. In any election for mayor, in which no candidate receives a majority of the votes cast, the mayor shall be elected in a run-off election between the two candidates having received the most votes at the general election. Said run-off election shall be held on the third Wednesday in December. Run-off elections. Section 4 . Said Act is further amended by striking from section 21 the following: $480.00 and substituting in lieu thereof the following: $900.00, so that when so amended section 21 shall read as follows: Section 21. Mayor Pro Tem.ElectedActs When. Be it further enacted by the authority aforesaid that at

Page 3924

their first meeting on first Monday in September, after their election or as soon thereafter as practicable, the mayor and aldermen shall elect from their number a mayor pro tem., who in the absence of the mayor, shall act for the mayor in his stead and be clothed with the powers of the mayor. The mayor pro tem. shall receive a salary of $900.00 per annum, payable in twelve equal monthly installments from the general funds of the City of Sandersville. Mayor pro tem. Section 5 . Said Act is further amended by striking from section 32 the following: $300.00 and substituting in lieu thereof the following: $600.00, so that when so amended section 32 shall read as follows: Section 32. Aldermen's Compensation. Each alderman shall receive a salary of $600.00 per annum, payable in twelve equal monthly installments from the general funds of the City of Sandersville. If any alderman shall fail to attend any meetings for a full month, such alderman shall not receive any compensation for the month in which the meetings were missed. Aldermen's compensation. Section 6 . All laws and parts of laws in conflict with this act are hereby repealed. Notice of Intention to Apply for Passage of a Local Bill. Notice is hereby given that I will, at the request of the Mayor and Council of the City of Sandersville, introduce a bill in the 1971 General Assembly of Georgia to increase the membership of the Board of Commissioners of the Housing Authority of the City of Sandersville from five (5) to seven (7); to provide for their appointment and terms. And to amend the Charter of the City of Sandersville as follows:

Page 3925

(a) To provide for the election of the Mayor and Council of the City of Sandersville on the first Wednesday in December, beginning the first Wednesday, 1971, and on the first Wednesday in December before the expiration of each term of the Mayor and Council and to provide that the Mayor and Councilmen elected at such election take office the first Monday in January of the next succeeding year, to serve for two (2) year terms. It is further provided that the Mayor be elected by a majority vote, and if no candidate shall have received a majority of the votes cast the Mayor shall be elected in a run-off election between the two candidates having received the most votes at the general election, said run-off election to be held the second Wednesday in December. (b) To provide that the salary of the Mayor of the City of Sandersville shall be Two Hundred ($200.00) Dollars per month, beginning with the first month after the amendment of the Charter. (c) To provide that the salaries of the Councilmen of the City of Sandersville shall be fifty ($50.00) Dollars per month, effective the next month after the amendment of the Charter, except that the salary of the Mayor Pro Tem shall be Seventy Five ($75.00) Dollars per month. This 22nd day of December, 1970. /s/ T. C. Carr Representative from Washington County Georgia, Washington County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jesse Mize, who on oath, deposes and says that he is the publisher of the Sandersville Progress and that the attached copy of the Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress, which is the official

Page 3926

organ of said county, on the following dates: December 24, 1970, December 31, 1970 and January 7, 1971. /s/ Jesse Mize Publisher of the Sandersville Progress Sworn to and subscribed before me, this 11th day of January, 1971. /s/ Thomas Attutcheson, Notary Public, Washington County, Ga. My Commission Expires May 24, 1973. (Seal). Approved April 10, 1971. BIBB COUNTY BOARD OF EDUCATION AND ORPHANAGECHANGE IN NUMBER OF MEMBERS, ETC.REFERENDUM. No. 747 (House Bill No. 437). 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 by an Act approved March 21, 1968 (Ga. L. 1968, p. 2835), and an Act approved April 30, 1969 (Ga. L. 1969, p. 3999), so as to change the number of members of the board; to change the method of selection of the members of the board; to provide qualifications for such members; to provide for residency requirements; to limit the number of terms an elected member may serve on the board; to abolish certain terms of office of the present members of the board; 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:

Page 3927

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), and an Act approved April 30, 1969 (Ga. L. 1969, p. 3999), is hereby amended by striking in its entirety section 2A and substituting in lieu thereof a new section 2A to read as follows: Section 2A. Notwithstanding the above provisions to the contrary, the board of public education and orphanage for Bibb County shall consist of ten members. The positions on the board shall be numbered as Posts 1 through 10, respectively. Posts 1 through 8 on the board shall be filled by the electors of the Bibb County School District electing candidates to fill such positions as hereinafter provided. Post No. 9 shall be filled by a councilman of the City of Macon, to be selected by the City Council of Macon. Post No. 10 shall be filled by a Bibb County Commissioner, to be selected by the Board of Commissioners of Bibb County. Section 2 . Said Act is further amended by striking in its entirety section 2B and substituting in lieu thereof a new section 2B to read as follows: Section 2B. In the 1972 general election, candidates shall be elected to fill Posts 1, 2, 3 and 4. Candidates elected to the board in said election shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. In the 1974 general election, candidates shall be elected to Posts 5, 6, 7 and 8. Candidates elected to said Posts shall take office on the first day of January following their election and serve for a term of office of four years and until their successors are duly elected and qualified. Thereafter, successors to the initial elected members of the board shall be elected in the general election conducted immediately prior to the expiration of the term of office for which they offer as a candidate, shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified.

Page 3928

Members of the board to serve in Posts 9 and 10 shall be appointed by the respective appointing body to take office on January 1, 1973, and such members shall serve on the board at the pleasure of each respective appointive body and only so long as they are a member of the respective appointive body. Vacancies occurring on the board other than in Posts 9 and 10 shall be filled by the remaining members of the board electing a qualified person to serve out the unexpired term of office in which the vacancies shall occur. All appointments to fill such vacancies shall be subject to the approval of the Bibb County Grand Jury in session at the time of the appointment. Vacancies which occur in Posts 9 and 10 shall be filled by the respective appointing authorities selecting a successor. Section 3 . Said Act is further amended by striking in its entirety section 2C and substituting in lieu thereof a new section 2C to read as follows: Section 2C. In order to be eligible to offer for election to the board, a candidate for Post 1 must reside within the first ward of the City of Macon; a candidate for Post 2 must reside within the second ward of the City of Macon; a candidate for Post 3 must reside within the third ward of the City of Macon; a candidate for Post 5 must reside within the fourth ward of the City of Macon; and a candidate for Post 6 must reside within the fifth ward of the City of Macon. Candidates offering for election for the remaining Posts may reside anywhere within the Bibb County School District. Elected members of the board shall be elected thereto by the electors of the Bibb County School District. Section 4 . Said Act is further amended by deleting in its entirety section 2D and substituting in lieu thereof a new section 2D to read as follows: Section 2D. No person shall be eligible to be elected to the board if he has served three consecutive terms as an elected member of the board.

Page 3929

Section 5 . Said Act is further amended by deleting in their entirety sections 2E and 2G. Section 6 . The terms of office of the present members of the board shall be abolished effective as hereinafter provided: Position Abolished Effective 7 and 8 At the expiration of the regular terms of such offices in June, 1972 9, 10, 11, 12, 1 and 2 January 1, 1973 3, 4, 5 and 6 January 1, 1975 The Mayor of the City of Macon and the Commissioner of Bibb County who serve on the board by virtue of holding such offices shall cease to serve as members of the board on January 1, 1973. The present members of the board serving as such upon the effective date of this Act shall continue to serve as members of the board until such times as are specified above. Section 7 . It shall be the duty of the Ordinary of Bibb County to issue the call for an election for the purpose of submitting this Act to the electors of the Bibb County School District for approval or rejection. The Ordinary shall set the date of such election for the Tuesday following the first Monday in November in 1971. 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 Bibb County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act providing for a ten member board of public education and orphanage for Bibb County and providing for the election of eight of such members be approved? Referendum. All persons desiring to vote in favor of the Act shall vote

Page 3930

Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Bibb 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 . The provisions of section 1 of this Act shall become effective on January 1, 1973. The remaining provisions shall become effective upon the approval of this Act 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 Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1971 Session of the General Assembly of Georgia, a bill to create a new Board of Education for Bibb County; to provide for its composition, method of election and appointment, and all other matters pertaining thereto; and for other purposes. This 21st day of December, 1970. Homer Scarborough, Jr. Representative, 81st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Homer Scarborough, Jr. who, on oath, deposes and says that he is Representative

Page 3931

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 26, 1970; January 2 and 9, 1971. /s/ Homer M. Scarborough, Jr. Representative, 81st District Sworn to and subscribed before me, this 18th day of January, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. COMPENSATION TO JOHN K. HOBGOOD. No. 53 (House Resolution No. 14-18). A Resolution. Compensating John K. Hobgood; and for other purposes. Whereas, on January 20, 1970, a 1965 Ford belonging to John K. Hobgood and being operated by Patricia Irene Hobgood was being driven north on Interstate 75 across a bridge approximately 2.3 miles north of the limits of Calhoun, Georgia; and Whereas, a vehicle belonging to the State Highway Department and operated by one of its employees, Mr. Charlie Austin Weehunt, was travelling north on Interstate 75 in the right lane and changed lanes without any warning; and

Page 3932

Whereas, Patricia Irene Hobgood, who was in the left lane passing the truck, was unable to avoid being hit by the State Highway truck; and Whereas, John K. Hobgood's vehicle was damaged in the amount of $330.20; and Whereas, the cost to repair said vehicle has not been and cannot be reimbursed to John K. Hobgood by insurance; and Whereas, the accident occurred through no fault or negligence of John K. Hobgood or Patricia Irene Hobgood, so it is only fitting and proper that John K. Hobgood 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 the sum of $330.20 to John K. Hobgood. 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 14, 1971. CITY OF HINESVILLECHARTER AMENDED. No. 748 (House Bill No. 485). An Act to amend an Act creating a new charter for the City of Hinesville, approved March 10, 1959 (Ga. L. 1959, p. 2604), as amended, so as to change the date on which municipal elections shall be held; to change the hours prescribed for the polls to remain open; to provide that the mayor and councilmen shall be elected to office by a majority of the electors of the city; to provide for posts on the council; to require candidates to designate the particular post for which they offer for election; to change

Page 3933

the date upon which the registration books are closed; 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 Hinesville, approved March 10, 1959 (Ga. L. 1959, p. 2604), as amended, is hereby amended by striking from section 4 the following: third Wednesday in October, 1959 and six (6) o'clock p.m., and substituting in lieu thereof the following: first Wednesday in October, 1971 and seven (7) o'clock p.m., respectively. Section 2 . Said Act is further amended by striking in its entirety section 6 and substituting in lieu thereof a new section 6 to read as follows: Section 6. In order to be nominated for or elected to the office of mayor and councilman, a candidate shall receive a majority of the votes cast for such office. Positions on the council shall be numbered 1 through 5, respectively. A candidate shall designate by number that position on the council for which he offers for election at the time of his qualification. Section 3 . Said Act is further amended by striking from section 9 the following sentence: The clerk shall on the first Wednesday of October of the year 1959, and quadrennially thereafter on the first Wednesday in October, close the voter's book for the general

Page 3934

election to be held on the third Wednesday in October, 1959, and quadrennially thereafter on the same date. and substituting in lieu thereof the following: The registration book shall be closed 15 days prior to the date on which the general election shall be held. 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 1971 Session of the General Assembly of Georgia legislation to amend the City Charter of the City of Hinesville as it pertains to the election of Mayor and Councilmen, and for other purposes. This 5th day of January, 1971. Donald H. Fraser Representative, 59th District. Georgia, Liberty County. Personally appeared before me, the undersigned Notary Public, Lollie G. Clark who after being duly sworn stated under oath that she is the publisher of The Liberty County Herald newspaper, a newspaper of general circulation published in the city of Hinesville, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Liberty County Herald on January 7, 14, 21, 1971. /s/ Lollie G. Clark Sworn to and subscribed before me, this 9th day of February, 1971. /s/ Angie C. Smiley, Notary Public, Georgia State at Large. My Commission Expires May 5, 1973. Approved April 10, 1971.

Page 3935

CITY OF MIDWAYCHARTER AMENDED. No. 749 (House Bill No. 486). An Act to amend an Act creating a charter for the city of Midway, approved February 8, 1955 (Ga. L. 1955, p. 2188), as amended, so as to add one councilman and to provide for four year terms of office for the mayor and council of the City of Midway; 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 Midway, approved February 8, 1955 (Ga. L. 1955, p. 2188), as amended, is hereby amended by striking section 4 in its entirety and by inserting in lieu thereof a new section 4 which shall read as follows: Section 4. The government, supervision, powers, and control of the City of Midway shall be vested in the mayor and four councilmen. On the first Wednesday in December, 1956, and quadrenially thereafter on the same day and in the same month, an election shall be held in said city for a mayor and councilmen thereof. Section 2 . 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 1971 Session of General Assembly to enlarge the City Council of Midway, Georgia from three members to four members and to change the term of office of the mayor and city councilmen from two years to four years. This 11th day of January, 1971. /s/ Donald H. Fraser Representative from Liberty County

Page 3936

Georgia, Liberty County. Personally appeared before me, the undersigned Notary Public, Lollie G. Clark who after being duly sworn stated under oath that she is the publisher of The Liberty County Herald newspaper, a newspaper of general circulation published in the city of Hinesville, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Liberty County Herald on January 14, 21, 28, 1971. /s/ Lollie G. Clark Sworn to and subscribed before me, this 9th day of February, 1971. /s/ Angie C. Smiley, Notary Public, Georgia State at Large. My Commission Expires May 5, 1973. (Seal). Approved April 10, 1971. COMPENSATION TO MILTON STEWART. No. 54 (House Resolution No. 15-18). A Resolution. Compensating Milton Stewart; and for other purposes. Whereas, on September 23, 1969, a Ford pickup truck belonging to Milton Stewart was parked near the gate of the American Legion fairgrounds at Cartersville, Bartow County, Georgia; and Whereas, a State Highway truck operated by an employee of the State Highway Department was going out the gate to the fairgrounds; and

Page 3937

Whereas, the brakes failed on the State Highway truck, and, as a result the State Highway truck collided with the right rear of Milton Stewart's vehicle; and Whereas, Milton Stewart's vehicle was damaged in the amount of $63.06; and Whereas, the cost to repair said damage has not been and cannot be reimbursed to Milton Stewart by insurance, and it is only fitting 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 $63.06 to Milton Stewart. 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 14, 1971. CITY OF AVONDALE ESTATESCHARTER AMENDED. No. 750 (House Bill No. 525). An Act to amend an Act creating the City of Avondale Estates, approved August 25, 1926 (Ga. L. 1927, p. 813), as amended by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3107), an Act approved February 17, 1956 (Ga. L. 1956, p. 2703), an Act approved March 3, 1962 (Ga. L. 1962, p. 3002), and an Act approved March 28, 1969 (Ga. L. 1969, p. 2437), so as to authorize the amendment of city ordinances; to increase the penalty for the violation of offenses against the city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3938

Section 1 . An Act creating the City of Avondale Estates, approved August 25, 1926 (Ga. L. 1927, p. 813), as amended by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3107), an Act approved February 17, 1956 (Ga. L. 1956, p. 2703), an Act approved March 3, 1962 (Ga. L. 1962, p. 3002), and an Act approved March 28, 1969 (Ga. L. 1969, p. 2437) is hereby amended by striking section 2 of Article IV in its entirety and by inserting in lieu thereof a new section 2, to read as follows: Section 2. Every ordinance shall be read three different days in open session before its adoption, and not less than one week shall elapse between the first and third readings; and any ordinance not so read shall be null and void. An ordinance shall not take effect until fifteen (15) days after the final passage thereof, except in case of an emergency ordinance. An emergency ordinance may be enacted upon the day of its introduction, provided it shall contain the statement that an emergency exists and shall specify with distinctness the facts and reasons constituting such an emergency. The unanimous vote of all members of the Board present, and not less than two members, shall be required to pass an emergency ordinance. No ordinance making a grant, renewal, or extension of a franchise or other special privilege, or regulating the rate to be charged for its service by any public utility, shall ever be passed as an emergency ordinance. Any ordinance may be amended or repealed in whole or in part at any time. Section 2 . Said Act is further amended by striking $100.00 in paragraph 2 of section 3 of Article VIII, and substituting in lieu thereof $500.00, so that when so amended said paragraph 2 shall read as follows: (2) Said City Court shall have power and jurisdiction to try all offenses against the ordinance of the City of Avondale Estates within the territorial limits of said City and upon conviction, may punish said offender or offenders by fine of not more than $500.00 or by confinement in jail

Page 3939

or the chain gang of said City for a term of not more than 30 days, or both, within the discretion of the City judge. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Georgia, DeKalb County. Notice is hereby given that the City of Avondale Estates intends to apply for the passage of local legislation at the next session of the General Assembly of Georgia convening in January, 1971, to amend the charter of the City of Avondale Estates, the title to such bill or bills to be as follows: An Act to amend an Act entitled An Act to create the City of Avondale Estates approved August 25, 1927, as amended, and for other purposes. This the 11th day of January, 1971. Dewey C. Brown, Jr. City Manager Noah J. Stone, Attorney for City of Avondale Estates 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 publihsed 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

Page 3940

for 3 weeks as required by law, the dates of publication being January 14, 21, 28, 1971. /s/ Britt Fayssoux Sworn to and subscribed before me, this 28th day of January, 1971. /s/ Carol E. Wheeler, Notary Public, Georgia State at Large. My Commission Expires Feb. 21, 1971. (Seal). Approved April 10, 1971. COMPENSATION TO ALFRED H. NADER. No. 55 (House Resolution No. 16-18). A Resolution. Compensating Mr. Alfred H. Nader; and for other purposes. Whereas, on June 24, 1970, a 1962 Ford Fairlane owned and operated by Mr. Alfred H. Nader was proceeding along Commerce Avenue at its intersection with Buena Vista Avenue in the City of LaGrange, Georgia; and Whereas, the vehicle owned and operated by Mr. Nader slowed to execute a right-hand turn onto Buena Vista Avenue; and Whereas, said 1962 Ford Fairlane was struck from the rear by a 1960 Chevrolet dump truck belonging to the State Highway Department, and operated by one of its employees, causing damage in the amount of $166.50; and Whereas, said accident occurred through no fault or negligence on the part of Mr. Nader, so it is only fitting and proper that he be reimbursed for his loss.

Page 3941

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. Alfred H. Nader the sum of $166.50. The said sum shall be paid from funds appropriated to or otherwise available to the State Highway Department, and shall be in full and complete satisfaction of all claims arising out of said occurrence. Approved April 14, 1971. CITY OF FITZGERALDCORPORATE LIMITS CHANGED. No. 751 (House Bill No. 574). 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 establishign the new charter therefor, approved August 22, 1907 (Ga. L. 1907, p. 609), as amended, so as to change the corporate limits; to repeal conflicting laws; 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 (Ga. L. 1907, p. 609), as amended, is hereby amended by striking therefrom section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. 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. 1313 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 Tracts Nos. 1313 and 1314 to the northwest corner of Five Acre Tract

Page 3942

No. 1314 and the south line of Land Lot 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 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

Page 3943

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, 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 and 488 to the northeast corner of Five Acre Tract No. 488; thence north along the west line of Five Acre Tract No. 500 to the northwest corner of Five Acre Tract No. 500; thence east along the north line of Five Acre Tract No. 500 to the northeast corner of Five Acre Tract No. 500; thence north along the west line of Five Acre Tract No. 514 to the northwest corner of Five Acre Tract No. 514; thence east along the north original lines of Five Acre Tracts Nos. 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 No. 533 and 538 to the northwest corner of Five Acre Tract No. 538; thence east along the north original line of Five Acre Tract No. 538 to the northeast corner of Five Acre Tract No. 538; thence north along the west original line of Five Acre Tract No. 562 to the northwest corner of Five Acre Tract No. 562; thence west along the south original line of Five Acre Tract No. 566 to the southwest corner of Five Acre Tract No. 566; thence north along the west original line of Five Acre Tract No. 566 to the northwest corner of Five Acre Tract No. 566; thence east along the north original lines of Five Acre Tracts Nos. 566, 565 and 564 to the northeast corner of Five Acre

Page 3944

Tract No. 564; thence south along the east original line of Five Acre Tract No. 564 to the southeast corner of Five Acre Tract No. 564; thence west along the south original line of Five Acre Tract No. 564 to the southwest corner of Five Acre Tract No. 564; thence south along the west original line of Five Acre Tract No. 563 a distance of 102 feet to a point; thence east 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 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 northeast corner of Five Acre Tract No. 876; thence north along the west original lines of Five Acre Tracts No. 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 of 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

Page 3945

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. 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 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

Page 3946

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 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-Hold 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 southeastwardly 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

Page 3947

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 Nos. 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; 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 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 south along the east line of Five Acre Tract No. 1290 to the southeast corner of said Five Acre Tract No. 1290; thence running south 30 feet along the east line of Five Acre Tract No. 1291; thence running west to the west line of Five Acre Tract No. 1291; thence running north 30 feet to the northwest corner of Five Acre Tract No. 1291; thence running north to the northwest corner of Five Acre Tract No. 1290; thence west along the south line of Five Acre Tract

Page 3948

No. 1312 to a point 95 feet east of the west line of Five Acre Tract No. 1312; thence north to the south line of Five Acre Tract No. 1313; thence west 95 feet to the southwest corner of Five Acre Tract No. 1313, 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, 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 (Ga. L. 1907, p. 609), as amended, and shall be and is hereby vested in the City of Fitzgerald, as continued under this Act. And the said City of Fitzgerald, may, by 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,

Page 3949

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 of, 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 (Ga. L. 1907, p. 609), as amended. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. 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, 1971, two local or special bills effecting the City of Fitzgerald, the title or caption each 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, 1907, and the several acts amendatory thereof', and for other purposes. This 8th day of January, 1971. Gerald H. Thompson Mayor, City of Fitzgerald 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

Page 3950

of Intention to Introduce Local Legislation was published in The Fitzgerald Herald Leader which is the official organ of Ben Hill County, on the following dates: January 14, 21 and 28, 1971. /s/ A. B. C. Dorminy, Jr. Representative, 48th District Sworn to and subscribed before me, this 15th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. COMPENSATION TO J. P. DEAN. No. 56 (House Resolution No. 17-18). A Resolution. Compensating Mr. J. P. Dean; and for other purposes. Whereas on March 10, 1969, a 1967 Ford pickup truck belonging to Mr. J. P. Dean, and operated by Mr. Hewey Dean, was proceeding northward on Georgia Highway No. 169, approximately 2,000 feet south of the John C. Beasly Bridge and about 15.2 miles east of the City limits of Baxley, Georgia; and Whereas, a truck belonging to the State Highway Department, and operated by one of its employees, pulled from the western shoulder of said Highway and struck the left rear side of the vehicle belonging to Mr. Dean, causing damage in the amount of $166.45; and

Page 3951

Whereas, said accident occurred through no fault or negligence of Mr. J. P. Dean or Mr. Hewey Dean, so it is only fitting and proper that Mr. J. P. Dean 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. P. Dean the sum of $166.45. Said sum shall be paid from funds appropriated to or otherwise available to the State Highway Department, and shall be full and complete satisfaction of all claims arising out of said occurrence. Approved April 14, 1971. CITY OF ALBANYCHARTER AMENDEDTRAFFIC AND PARKING REGULATED. No. 752 (House Bill No. 583). An Act to amend the Act creating and establishing a new Charter for the City of Albany, Georgia, approved August 18, 1923, as amended, so as to authorize the City of Albany to regulate the speed, movement and parking of traffic and vehicles on privately owned streets, ways, and parking areas; to provide penalties for the violation of same; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The Act approved August 18, 1923 (Ga. L. 1923, pp. 370-418), as amended, creating and establishing a new Charter for the City of Albany, Georgia, is further amended by adding to section 34 of said Charter a new sub-section to be numbered sub-section 18, and to read as follows: (18). The City of Albany shall have the power to regulate the speed, movement, and parking of traffic and vehicles on privately owned streets, ways, and parking areas

Page 3952

where in the judgment of the Board of Commissioners of the City of Albany there is sufficient traffic on said private streets, ways and alleys to require said regulation in the interest of public safety and welfare. The City of Albany shall have the right to provide penalties for the violation of any such regulations which may be adopted. 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 1971 term of the General Assembly of Georgia a bill to amend section 34 of the Charter of the City of Albany, Georgia, so as to authorize the City of Albany to regulate the speed, movement and parking of traffic and vehicles on privately owned streets, ways and parking areas. This 15th day of December, 1970. Eugene R. Clark, Mayor City of Albany, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy 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: December 17, 24, 31, 1971. /s/ Billy Lee Representative, 61st District

Page 3953

Sworn to and subscribed before me, this 22nd day of January, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. COMPENSATION TO SCOTT F. SINCLAIR. No. 57 (House Resolution No. 19-38). A Resolution. Compensating Mr. Scott F. Sinclair; and for other purposes. Whereas, on or about October 27, 1970, Mrs. Ruth H. Sinclair, the wife of Mr. Scott F. Sinclair, was driving a 1951 Plymouth automobile owned by Mr. Sinclair on Interstate 16 in Bibb County, Georgia; and Whereas, upon reaching the Hardeman Avenue exit, Mrs. Sinclair was attempting to make a right turn on Hardeman Avenue from Interstate 16 when it became necessary to stop the automobile because of traffic; and Whereas, while stopped, said automobile was struck from the rear by a truck belonging to the Georgia Forestry Commission and being driven by Mr. Jack Lee Wagner, an employee of said Commission; and Whereas, said accident caused property damage to said automobile in the amount of $118.08 for which Mr. Sinclair has not been and cannot be compensated by insurance; and Whereas, said accident occurred through no fault or

Page 3954

negligence whatsoever on the part of Mr. or Mrs. Sinclair and it is only just and proper that he be compensated for the damage caused thereby. 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 $118.08 to Mr. Scott F. Sinclair as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Commission and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 14, 1971. CATOOSA COUNTYCOMPENSATION OF DEPUTY SHERIFFS CHANGED. No. 753 (House Bill No. 592). An Act to amend an Act placing the sheriff of Catoosa County upon an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2663), as amended, particularly by an Act approved March 10, 1969 (Ga. L. 1969, p. 2189), so as to change the compensation of the deputies of the sheriff; to provide a different salary scale for deputies working a five-day week and those working a six-day week or more; to provide for radio operators; to provide for deputies in emergency situations; 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 upon an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2663), as amended, particularly by an Act approved March 10, 1969 (Ga. L. 1969, p. 2189), is hereby amended by striking

Page 3955

section 4 in its entirety and by inserting in lieu thereof a new section 4 which shall read as follows: Section 4. The sheriff shall have the authority to appoint one chief deputy who shall receive an annual salary of $7,040.00 per annum, but this salary shall be paid to said chief deputy only in the event he works a six-day week or more; in the event the said chief deputy shall work a five-day week he shall receive an annual salary of $6,000.00. The sheriff shall also have the authority to appoint five deputies who shall each receive an annual salary of not less than $4,800.00 and not more than $6,440.00, the amount to be fixed by the sheriff. In the event a deputy shall work a five-day week his annual salary shall not exceed $5,400.00, but in the event he works a six-day week or more he shall be entitled to receive as much as $6,440.00, to be determined by the sheriff. The sheriff shall appoint such additional personnel, including radio operators, as he shall deem necessary to assist him in the performance of the duties of his office. The combined salaries of radio operators shall not exceed $7,500.00 per annum. Each of the above combined salaries shall be payable in equal monthly installments from the funds of Catoosa County, and at the time of such 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 to designate and name the persons or remove or replace such employees at will and within his sole discretion. No person employed as a deputy or other employee shall be related to the sheriff closer than the fifth degree of consanguinity or affinity. In the event of an emergency, the sheriff and the governing authority, acting in concert, may employ additional deputies and pay such salaries as they shall agree upon, not to exceed the above specified amounts. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3956

Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January, 1971 Session of the General Assembly of the State of Georgia a bill to amend 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), and all acts amendatory thereof, so as to provide a different method of compensating deputies and the amount; to provide for an effective date; to repeal all conflicting laws, and for other purposes. This 15th day of December, 1970. /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 17, 24 and 31, 1970. /s/ Robert G. Peters Representative, 2nd District Sworn to and subscribed before me, this 16th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971.

Page 3957

COMPENSATION TO JAMES E. HOWELL. No. 58 (House Resolution No. 21-38). A Resolution. Compensating Mr. James E. Howell; and for other purposes. Whereas, Mr. Howell was driving his car on August 31, 1970, on State Road No. 38 in Thomas County and he was passed by a truck owned by the State Highway Department and driven by one of its employees; and Whereas, the Highway Department truck's rear tires threw a rock into Mr. Howell's windshield causing damage in the amount of $112.62, none of which damage was the fault of Mr. Howell; and Whereas, it is only fitting and proper that Mr. Howell be reimbursed for his loss arising out of the above occurrence. 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 $112.62 to Mr. James E. Howell as compensation as provided 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 against the State arising out of said occurrence. Approved April 14, 1971. TALIAFERRO COUNTY CHAIRMAN OF BOARD OF COMMISSIONERS TO OBTAIN BOND. No. 754 (House Bill No. 609). An Act to require the Chairman of the Board of Commissioners

Page 3958

of Taliaferro County to obtain a surety bond; 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 of Taliaferro County shall obtain a surety bond, conditioned upon the proper accounting of all properties and monies of Taliaferro County, and the faithful performance of all his duties and responsibilities, in the amount of $10,000, which bond shall be approved by and payable to the Ordinary of Taliaferro County. Prior to assuming said office, the bond required by this section shall be filed with the Ordinary. Any person unable to secure said bond shall not be eligible to assume said office. All premiums required on such bonds shall be paid from the funds of Taliaferro 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 1971 session of the General Assembly of Georgia, an amendment to the several acts pertaining to the Board of Commissioners of Taliaferro County, Georgia, so as to place the Chairman under a $10,000.00 surety bond to provide the procedure connected therewith: to repeal any conflicting laws and for other purposes. This 7th day of December, 1970. Ben Barron Ross Representative, 26th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Barron Ross, who, on oath, deposes and says that he is Representative

Page 3959

from the 26th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Advocate-Democrat, which is the official organ of Taliaferro County, on the following dates: December 18, 25, 1970 and January 1, 1971. /s/ Ben Barron Ross Representative, 26th District Sworn to and subscribed before me, this 12th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. COMPENSATION TO MRS. IRVIN BLUMENTHAL. No. 59 (House Resolution No. 35-64). A Resolution. Compensating Mrs. Irvin Blumenthal; and for other purposes. Whereas, on Friday, October 2, 1970, a 1969 Ford sedan belonging to Mrs. Irvin Blumenthal was parked in the Brumby Hall parking lot on the campus of the University of Georgia in Athens, Georgia; and Whereas, a 1969 Cob Cadet riding lawnmower owned by the University of Georgia, and operated by one of its employees, threw a rock which broke the windshield of Mrs. Blumenthal's vehicle, causing damage in the amount of $141.35; and

Page 3960

Whereas, said accident occurred through no fault or negligence on the part of Mrs. Blumenthal, so it is only fitting and proper that she be reimbursed for her loss. Now, therefore, be it resolved by the General Assembly of Georgia that the Board of Regents is hereby authorized and directed to pay the sum of $141.35 to Mrs. Irvin Blumenthal as compensation for damages arising out of the above described occurrence. Said amount shall be paid from funds appropriated to or otherwise available to the Board of Regents, and shall be in full and complete satisfaction of all claims arising out of said occurrence. Approved April 14, 1971. CITY OF RINGGOLDCHARTER AMENDED. No. 755 (House Bill No. 670). An Act to amend an Act establishing a new charter for the City of Ringgold, approved March 15, 1943 (Ga. L. 1943, p. 1508), as amended, particularly by an Act approved March 30, 1965 (Ga. L. 1965, p. 2933), so as to remove the authority of the mayor and aldermen of the City of Ringgold, and the City of Ringgold, to extend its system of waterworks beyond the city limits; 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 Ringgold, approved March 15, 1943 (Ga. L. 1943, p. 1508), as amended, particularly by an Act approved March 30, 1965 (Ga. L. 1965, p. 2933), is hereby amended by striking section 42A in its entirety and by inserting in lieu thereof a new section 42A, to read as follows: Section 42A. The City of Ringgold is authorized to extend the sewerage and all necessary appliances by which

Page 3961

sewage is distributed, without the limits of said city, and further to extend its system of sewerage without the limits of said city under such regulations as the mayor and aldermen of said City of Ringgold may see fit to establish and to classify rates to be charged in such area beyond the city limits. The mayor and aldermen of the City of Ringgold are further authorized to divide the series of sewerage works into two sewage districts to be designated the North Sewage District and the South Sewage District, and the said mayor and aldermen shall have the further power to establish by ordinance the limits and boundaries of each of the above sewage districts. 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 there will be introduced at the January 1971 Session of the General Assembly of the State of Georgia, an Act to repeal an Act approved March 30, 1965, (Ga. L. 1965, p. 2933), to amend an Act creating and establishing a new charter for the City of Ringgold in the County of Catoosa approved March 15, 1943, (Ga. L. 1943, p. 1508), so as to repeal said amendatory Act in its entirety; to repeal all conflicting laws, and for other purposes. This 22nd day of December, 1970. /s/ Robert G. Peters Representative, 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

Page 3962

Catoosa County, on the following dates: December 24, 31, 1970 and January 7, 1971. /s/ Robert G. Peters Representative, 2nd District Sworn to and subscribed before me, this 18th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. COMPENSATION TO J. R. BOUCHILLON, JR. No. 60 (House Resolution No. 43-83). A Resolution. Compensating Mr. J. R. Bouchillon, Jr.; and for other purposes. Whereas Mr. J. R. Bouchillon, Jr., is the owner of Ray's Restaurant located on SR-441 near Milledgeville, Georgia; and Whereas, on or about June 1, 1970, Mr. Homer Lee Beck, an employee of the State Highway Department, was driving a loaded truck owned by said Department along SR-441 when he turned into the driveway of said Ray's Restaurant; and Whereas, while turning into said driveway, said truck struck a neon sign located near said restaurant and owned by Mr. Bouchillon causing damage to said sign in the amount of $455.00; and

Page 3963

Whereas, Mr. Bouchillon has not been and cannot be compensated by insurance for said damage, and since said damage was caused by no fault or negligence whatsoever on the part of Mr. Bouchillon, 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 $455.00 to Mr. J. R. Bouchillon, Jr. as compensation as provided 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 against the State arising out of said occurrence. Approved April 14, 1971. CITY OF CUMMINGCHARTER AMENDED. No. 756 (House Bill No. 671). An Act to amend an Act creating a charter for the City of Cumming, approved March 28, 1935 (Ga. L. 1935, p. 1001), as amended, particularly by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3001), and an Act approved April 9, 1968 (Ga. L. 1968, p. 3345), so as to add certain property to said city; to delete the requirement that a voter have paid all his taxes legally imposed and demanded by the authorities in said city; to delete certain language pertaining to the payment of taxes from the oath to be administered to applicants for voter registration; to provide for council posts; to require that any candidate for membership on the city council shall designate the post for which he is offering and name the incumbent, if any, when qualifying; to require that such designation be entered upon the ballot and ballot labels; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3964

Section 1 . An Act creating a charter for the City of Cumming, approved March 28, 1935 (Ga. L. 1935, p. 1001), as amended, particularly by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3001), and an Act approved April 9, 1968 (Ga. L. 1968, p. 3345), is hereby amended by adding to the end of section 2 the following: In addition to the present corporate limits of the City of Cumming the corporate limits of said city shall also embrace and include the following described property, to wit: All that tract or parcel of land lying and being in the Third District and First Section of Forsyth County, Georgia, and is all of Land Lot No. 1123 and part of Land Lots No. 1109 and 1124 and is more fully described as follows: BEGINNING at the Northeast corner of Land Lot 1123; thence North 88 degrees 22 minutes West 1203 feet to Northwest corner thereof; thence North 6 degrees 21 minutes West 151 feet to a point on Southeasterly right-of-way of U. S. Highway 19; thence Southwesterly along Southeasterly right-of-way of U. S. Highway 19, 463.7 feet to a gully; thence Southeasterly along gully as follows: South 77 degrees 27 minutes East 68.4 feet South 58 degrees 54 minutes East 100 feet, South 43 degrees 34 minutes East 100 feet, South 40 degrees 1 minute East 100 feet, South 30 degrees 46 minutes East 33.5 feet to a point on West original line of Land Lot 1123; thence South 1 degree 43 minutes West 760.3 feet to Southwest corner of Land Lot 1123; thence South 89 degrees 34 minutes East 1203 feet to Southeast corner of land lot; thence North 1 degree 43 minutes East 1216 feet to Northeast corner of Land Lot 1123 which is the point of beginning. Said property is more fully shown on plat prepared by Cecil S. Mize, Registered Surveyor No. 1593, dated October, 1968, to which plat reference is made for a more complete description of said property. Said tract contains in the aggregate 36.24 acres, more or less. Said property is bound on all sides by property lying within the corporate limits of the City of Cumming.

Page 3965

Section 2 . Said Act is further amended by striking section 14 in its entirety and by inserting in lieu thereof a new section 14 which shall read as follows: Section 14. Be it further enacted, that it shall be the duty of the clerk of said city, on the last Monday in October of each election year, to open the registration books for the registration of the qualified voters of said city. Said books shall be kept open to the public during the legal hours for registering each and every day which said hours shall be from 8:00 a.m. until 2:00 p.m. (Sunday and legal holidays excepted) until ten days prior to the date of the election on which day at 2:00 p.m. said books shall be finally and absolutely closed. The qualification date for candidates for the offices of mayor and councilmen shall open on the same date the registration of voters opens and shall close thirteen days prior to the date of the election at 12:00 noon on such date. It shall be the duty of the clerk, upon application in person and not by proxy of any citizen who is qualified to vote for the members of the General Assembly and who upon the day of the election, is then a resident, will then have resided in said city six months prior thereto, to allow such persons to register his or her name in said book of registration, and shall in every case, before allowing the applicant to register, administer to him or her the following oath: `You do solemnly swear that you are a citizen of the United States, that you have resided in the City of Cumming 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 18 years of age, or will be so prior to said day of election, so help you God.' It shall be the duty of the clerk of said city to prepare two lists of names of the voters registered in alphabetical order, after the same have been purged as herein provided, and furnish the same to the managers of the election, under his official signature and seal of office, at or before the polls are opened. The managers shall keep said list before them during the election, and shall permit no one to vote in said election whose name does not appear thereon; provided, however, that at all times after such registration has

Page 3966

commenced said registration list and names shall be open to public inspection during all hours of registration. For any special election in said city for any purpose, the clerk shall open the registration books at least thirty days before the date fixed for such election, and shall close the same five days before the day of election, and shall prepare and furnish the registration lists as hereinbefore provided. Notice of the opening of the registration books for all elections shall be given in such manner as the mayor and councilmen shall prescribe, at least twenty days before the closing thereof, notice of said opening of said registration books shall be published in the official gazette of said city at least once a week during period of such registration as herein provided. Should the name of any person qualified to vote in any election, and who registered therefor with the clerk in due form and time, be accidentally omitted from the registration lists furnished the managers of said election, the clerk of said city may certify under his official signature and seal to such accidental ommission to place such name on said list and that said person was duly and legally registered in due time and form before the registration book was closed; and thereupon, by filing said certificate with the managers of the election such person shall be allowed to vote. Any person voting in any election held in said city, who is not qualified to vote therein under the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed by the laws of this State for illegal voting. Within one day following the closing of said registration books as herein provided, said council of the City of Cumming shall select and appoint three freeholders of said city who shall examine, revise and purge the registration lists as made up and returned by the clerk of said city, of all illegally registered voters or persons disqualified from voting for any lawful reason; provided, that before removing any

Page 3967

name therefrom, written notice shall be served on the person or persons deemed disqualified at least three days prior to the date of such election, that such persons may show cause, if any, why such action should not be taken. Section 3 . Said Act is further amended by adding a new section to be designated section 14A, to read as follows: Section 14A. For the purpose of electing members of the council of the City of Cumming, there are hereby created five council posts, to be designated as posts 1, 2, 3, 4 and 5, respectively. Post 1 shall be that post held by Rupert Sexton, post 2 shall be that post held by Quincy Holton, post 3 shall be that post held by Lewis Ledbetter, post 4 shall be that post held by Bass Farr, and post 5 shall be that post held by Ledford Pruitt. Any candidate for membership on the council shall designate the post for which he is offering and name the incumbent, if there is an incumbent, when qualifying. The designation shall be entered upon the ballot and ballot labels in such manner that in the ensuing primary or election such candidate shall only oppose the other candidate or candidates, if any, designating the same specific office. 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 1971 Session of the General Assembly of the State of Georgia a bill to amend the city charter of the City of Cumming, Georgia, so as to provide the annexation of additional property to come within the city limits of Cumming, said property comprising of 36.25 acres, more or less, and presently owned by Opportunity Land Corporation and formerly known as the Merritt property located on U. S. Highway 19. This the 25th day of January, 1971.

Page 3968

By authority oof Mayor and City Council of Cumming, January 25, 1971. 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 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: January 28, February 4 and 11, 1971. /s/ Joe T. Wood Representative, 11th District Sworn to and subscribed before me, this 18th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. COMPENSATION TO ARTHUR MOSELY. No. 61 (House Resolution No. 49-83). A Resolution. Compensating Mr. Arthur Mosely; and for other purposes. Whereas, on or about September 3, 1970, a truck owned by the Georgia Department of Public Health was parked near a facility of Central State Hospital in Baldwin County; and

Page 3969

Whereas, said truck was parked by Mr. Willis David Lee, an employee of said Department, who failed to leave said truck in gear and also failed to depress the parking brakes of said truck; and Whereas, since said truck was parked on a grade, it rolled into a lawfully parked automobile owned by Mr. Arthur Mosely causing damage thereto in the amount of $381.60; and Whereas, Mr. Mosely has not been and cannot be compensated by insurance for said damage; and Whereas, said damage was caused through no fault or negligence whatsoever on the part of Mr. Mosely, 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 Health is hereby authorized and directed to pay the sum of $361.60 as compensation as provided 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 against the State arising out of said occurrence. Approved April 14, 1971. CITY OF COLLEGE PARKCORPORATE LIMITS CHANGED. No. 757 (House Bill No. 695). 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) and the several acts amendatory thereof, to amend the city limit boundary along Washington Road and for other purposes. Be it enacted by the General Assembly of the State of

Page 3970

Georgia and it is hereby enacted by the authority of the same: Section 1 . That the Act set forth in the caption to this Act be and the same is hereby further amended, as follows: Ga. L. 1895, p. 251, as amended, is hereby amended to provide that the corporate limits of the City of College Park shall not embrace and include the following described territory and such territory is hereby de-annexed from the City of College Park: All that tract or parcel of land lying and being in Land Lots 190 and 191 of the 14th District of Fulton County, Georgia and more particularly described by geographical boundaries as follows: BEGINNING on the existing South boundary of the City of East Point at the former North boundary of the City of College Park 833[UNK] more or less from the intersection of the present South boundary of West Lyle Avenue with the present Southeast boundary of West Washington Road and running thence approximately East 34 feet along the present East Point boundary to a point thereon 30[UNK] from the existing center line of West Washington Road if measured in a straight line from said center line and at right angle thereto, thence southwest parallel with and 30[UNK] Southeast of the center line of said Washington Road 834[UNK] more or less to the South boundary of Lyle Avenue; thence Southwest along the South boundary of Lyle Avenue to the present East Point boundary; thence Northeast along said East Point boundary 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 the City of College Park intends to apply for passage of local legislation at the 1971 Session of the General Assembly of Georgia, convening in January, 1971, to amend Ga. L. 1895, p. 251, and all acts amendatory thereof, establishing the City of College Park;

Page 3971

to provide for changes and/or amendments establishing and regulating the corporate powers provided in the Charter of the City of College Park; to amend the corporate limits of the City of College Park; to authorize the City of College Park to make a census recount of the residents and that said recount be recognized by the State of Georgia as the official census of the City of College Park; and for other purposes. This 8th day of January, 1971. George E. Glaze City Attorney of the City of College Park, Georgia Georgia, Fulton County. 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 8, 15, and 22 days of January, 1971. /s/ Mildred N. Lazenby Subscribed and sworn to before me, this 10th day of February, 1971. /s/ Maiodis F. Palmer, Notary Public, Georgia State at Large. My Commission Expires Jan. 19, 1972. (Seal). Approved April 10, 1971.

Page 3972

COMPENSATION TO MRS. LEXIE W. FULP. No. 62 (House Resolution No. 73-212). A Resolution. Compensating Mrs. Lexie W. Fulp; and for other purposes. Whereas, on or about February 9, 1969, at approximately 12:05 p.m., the 1967 Valiant automobile of Mrs. Lexie W. Fulp was proceeding in a southerly direction on Georgia Highway 31, approximately two miles south of the city limits of Valdosta, Georgia; and Whereas, at said time and place, a motor vehicle belonging to the Department of Public Safety and being operated by Trooper Louie Thompson, an employee thereof, was in pursuit of a vehicle and was also proceeding in a southerly direction on said highway; and Whereas, as said Department of Public Safety vehicle overtook Mrs. Fulp's automobile, Trooper Thompson applied the brakes of his vehicle and they locked, causing him to swerve off the roadway and onto the shoulder thereof, and causing him to collide with the right front portion of Mrs. Fulp's automobile; and Whereas, said collision required Mrs. Fulp to expend the sum of $180.00 in order to repair the damages to her automobile. 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 $167.34 to Mrs. Lexie W. Fulp as compensation as provided 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 against the State arising out of said occurrence. Approved April 14, 1971.

Page 3973

CITY OF EAST POINTCORPORATE LIMITS EXTENDED. No. 758 (House Bill No. 696). An Act to amend an Act establishing a new charter for the City of East Point, Fulton County, approved August 19 1912, (Ga. L. 1912, Page 862, Et. Seq.), and the several Acts amendatory thereof and especially the Act approved March 5, 1957, (Ga. L. 1957, Page 2429, Et. Seq.), as amended, 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 East Point in Fulton County, approved August 19, 1912, (Ga. L. 1912, p. 862 Et Seq.), and the several acts amendatory thereof and especially the Act approved March 5, 1957, (Ga. L. 1957, p. 2429, Et Seq.), as amended, is hereby further amended as follows: Section 2 . All that area of Fulton County in Land Lots 190 and 191 of the 14th District of Fulton County, Georgia, embraced within the following boundary line is hereby incorporated in and annexed to the City of East Point, as a part of Ward 91 D-2 of said City, to-wit: BEGINNING, on the existing South boundary of the City of East Point at the former North boundary of the City of College Park 833[UNK] more or less from the intersection of the present South boundary of West Lyle Avenue with the present Southeast boundary of West Washington Road and running thence approximately East 34 feet along the present East Point boundary to a point thereon 30[UNK] from the existing center line of West Washington Road if measured in a straight line from said center line and at right angle thereto, thence southwest parallel with and 30[UNK] Southeast of the center line of said Washington Road 834[UNK] more or less to the South boundary of Lyle Avenue; thence Southwest along the South boundary of Lyle Avenue to the present East Point boundary; thence Northeast along said East Point boundary to the point of beginning.

Page 3974

Section 3 . All of the governmental rights, jurisdiction power and authority of the City of East Point and all of its officers, agencies, departments and authorities is hereby extended over all of said annexed territory and the inhabitants thereof. Section 4 . 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 the City of East Point intends to apply for the passage of local legislation at the 1971 Regular Session of the General Assembly of Georgia, which convenes in January, 1971, 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 2nd day of December, 1970. City of East Point by Ezra E. Phillips as its City Attorney East Point City Hall East Point, Georgia 30344 Georgia, Fulton County. 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

Page 3975

the 7, 14, 21, 28 days of December, 1970, and on the 4, 11, 18, 25 days of January, 1971, as provided by law. /s/ Mildred N. Lazenby Subscribed and sworn to before me, this 10th day of February, 1971. /s/ Maiodis F. Palmer, Notary Public, Georgia, State at Large. My Commission Expires Jan. 19, 1972. (Seal). Approved April 10, 1971. COMPENSATION TO F. W. RODDENBERY. No. 63 (House Resolution No. 83-224). A Resolution. Compensating F. W. Roddenbery; and for other purposes. Whereas, on or about December 19, 1969, at approximately 2:30 p.m., the automobile of Mr. F. W. Roddenbery was traveling south on Georgia Highway No. 93, approximately two miles north of the intersection of U. S. No. 84 and Georgia Highway No. 38; and Whereas, at said time and place, a motor vehicle belonging to the State Highway Department and being operated by E. C. Gordon, an employee thereof, was traveling north on said highway; and Whereas, suddenly and without warning, the State Highway Department vehicle turned into the path of the Roddenbery vehicle; and Whereas, it was impossible to avoid colliding with said State Highway Department vehicle; and

Page 3976

Whereas, said collision damaged the automobile of Mr. Roddenbery and required him to expend the sum of $1,299.39 in repairing said damages; and Whereas, said collision was caused by the carelessness of said employee of the State Highway Department. 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 $1,299.39 to Mr. F. W. Roddenbery as compensation as provided 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 against the State arising out of said occurrence. Approved April 14, 1971. CITY OF LEESBURGCORPORATE LIMITS CHANGEDREFERENDUM. No. 759 (House Bill No. 697). An Act to amend an Act creating a charter for the City of Leesburg, approved December 21, 1898 (Ga. L. 1898, p. 204), as amended, particularly by an Act approved March 20, 1963 (Ga. L. 1963, p. 2349), so as to change the corporate limits of said city; 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 creating a charter for the City of Leesburg, approved December 21, 1898 (Ga. L. 1898, p. 204), as amended, particularly by an Act approved March 20, 1963 (Ga. L. 1963, p. 2349), is hereby amended by striking section 2 in its entirety and by inserting in lieu thereof a new section 2 which shall read as follows: Section 2. The corporate limits of the City of Leesburg

Page 3977

shall extend one and one-half miles in each direction from the county courthouse in said city forming a perfect circle. 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, it shall be the duty of the Ordinary of Lee County to issue the call for an election for the purpose of submitting this Act to the voters of said County who reside within the present boundaries of the City of Leesburg and who reside without the present boundaries of the City of Leesburg but within the area to be added to said city 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 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 Lee County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act changing the corporate limits of the City of Leesburg to extend one and one-half miles in each direction from the county courthouse in said city forming a perfect circle be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question by the voters residing within the present boundaries of the City of Leesburg and by the voters residing without the boundaries but within the area to be added to said city by this Act 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 expenses of such election shall be borne by Lee County, but the county shall be reimbursed all expenses by the City of Leesburg. 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

Page 3978

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. Georgia, Lee County. Notice is hereby given that I shall introduce a bill in the 1971 Session of the General Assembly of Georgia to amend the Charter of the City of Leesburg in Lee County, Georgia, so as to extend the corporate limits three-fourths of a mile in every direction and for other purposes. This 11th day of December, 1970. James M. Collier Representative for Lee County 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 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: December 15, 22, 29, 1970. /s/ James M. Collier Representative, 54th District. Sworn to and subscribed before me, this 12th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971.

Page 3979

COMPENSATION TO MRS. MARY HURST. No. 641 (House Resolution No. 85-225). A Resolution. Compensating Mrs. Mary Hurst; and for other purposes. Whereas, on March 16, 1970, Mrs. Mary Hurst was stopped at a traffic light on Lee Avenue at its intersection with U.S. Highway No. 1 in the City of Waycross, Georgia; and Whereas, a truck belonging to the State Highway Department, and operated by one of its employees, rolled backwards and collided with Mrs. Hurst's 1969 Mercury, causing damage in the amount of $50.00, which cannot be reimbursed by insurance; and Whereas, said accident occurred through no fault or negligence on the part of Mrs. Hurst, so it is only fitting and proper that she be reimbursed for her 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 Mrs. Mary Hurst the sum of $50.00. Said sum shall be paid from funds appropriated to or otherwise available to the State Highway Department and shall be in full and complete satisfaction of all claims arising out of said occurrence. Approved April 14, 1971. CITY OF FOREST PARKCHARTER AMENDED. No. 760 (House Bill No. 744). An Act to amend an Act incorporating the City of Forest Park, approved August 14, 1908 (Ga. L. 1908, p. 685),

Page 3980

as amended, so as to change the date of elections in said City; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act incorporating the City of Forest Park, approved August 14, 1908 (Ga. L. 1908, p. 685), 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. On the second Saturday in October, 1971, and on said date biennially thereafter, there shall be an election for the mayor and two councilmen who shall serve for terms of office of two (2) years each and until their successors are elected and qualified. On the second Saturday in October, 1973, and on said date biennially thereafter, there shall be an election for three councilmen who shall serve for terms of office of two (2) years each and until their successors are elected and qualified. All officials so elected shall assume office on the first Monday in January following their election, or as soon thereafter as practicable. The mayor and council shall have the power to provide the exact manner in which and where said elections shall be conducted; to require the preservation of good order; and to prevent disturbances or interference with the free right to vote. The mayor and council may by ordinance promulgate rules and regulations for the proper conduct of all elections in said City not inconsistent with the provisions of this charter or the Georgia Municipal Election Code, as amended. 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 Forest Park will apply to the 1971 session of the General Assembly of Georgia for passage of local legislation to amend an act entitled An Act to Incorporate the Town of Forest Park, (now City of Forest Park) in the County of Clayton, Georgia Laws of 1908 at pages 685-688 and all acts amendatory

Page 3981

thereto; to extend and enlarge the corporate limits of said City; and for other purposes. This the 20th day of January, 1971. Charles W. Summerday, Mayor City of Forest Park, Georgia 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, which is the official organ of Clayton County, on the following dates: January 29, February 5 and 12, 1971. /s/ William J. Lee Representative, 21st District Sworn to and subscribed before me, this 22nd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. COMPENSATION TO CHARLIE K. LEACHMAN. No. 65 (House Resolution No. 89-233). A Resolution. To compensate Charlie K. Leachman; and for other purposes.

Page 3982

Whereas, on August 14, 1970, a 1968 International truck owned by the State Highway Department, and operated by one of its employees, backed into a 1966 Plymouth stopped in the city dump at Commerce, Georgia; and Whereas, the 1966 Plymouth owned by Charlie K. Leachman was damaged in the amount of $135.06; and Whereas, the damage to the 1966 Plymouth has not been and cannot be compensated for by insurance; and Whereas, the accident occurred through no fault or negligence of Charlie K. Leachman, 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 the sum of $135.06 to Charlie K. Leachman as compensation as provided 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 against the State arising out of said occurrence. Approved April 14, 1971. CITY OF MOULTRIECHARTER AMENDED. No. 761 (House Bill No. 753). An Act to amend an Act creating a new charter for the City of Moultrie, approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, particularly by an Act approved March 17, 1956 (Ga. L. 1956, p. 3473), so as to provide the procedure for determining the value of property for tax purposes under certain conditions; to repeal the Section relating to utility systems outside of the City; to provide

Page 3983

an interest rate on delinquent taxes; 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 Moultrie, approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, particularly by an Act approved March 17, 1956 (Ga. L. 1956, p. 3473), is hereby amended by repealing in its entirety section 1 of said amendatory Act of 1956, relating to utility systems outside of the City. Section 2 . Said Act is further amended by adding, following section 42, a new section to be numbered section 42A, to read as follows: Section 42A. Any City taxpayer who returned or paid taxes in the City for the preceding tax year and who fails to return his property for taxation as previously required, shall be deemed to have returned for taxation for the current year the same property as was returned in the preceding year at the same valuation as such property was finally determined to be subject to taxation in the preceding year. Section 3 . Said Act is further amended, by adding at the end thereof a new section, numbered section 102, and to read as follows: Section 102. From and after the effective date of this Act the interest rate on delinquent City taxes shall be nine percent (9%). Section 4 . 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 the passage at the 1971 regular session of the General Assembly of Georgia of a local bill to amend An Act to create and establish a new charter for the City of Moultrie approved March

Page 3984

3, 1943, (Ga. L. 1943, pp. 1458-1498), and Acts amendatory thereof, and for other purposes. Georgia, Colquitt County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. Avera, who, on oath, deposes and says that he is the Editor of the Weekly Moultrie Observer, and that the attached copy of Notice of Local Bill was published in the Weekly Moultrie Observer, which is the official organ of said county, on December 24, 1970, December 31, 1970 and January 8, 1971. /s/ W. D. Avera Sworn to and subscribed before me, this 20th day of February, 1971. /s/ Hoyt H. Welchel, Jr. Notary Public, Colquitt County, Georgia (Seal). Approved April 10, 1971. COMPENSATION TO R. L. DOTSON. No. 66 (House Resolution No. 91-233). A Resolution. Compensating Mr. R. L. Dotson; and for other purposes. Whereas, on May 12, 1970, a State Highway flagman was directing traffic on Cove Road approximately one-fourth of a mile south of the limits of Chickamauga, Walker County, Georgia, and directed Mr. R. L. Dotson as to how he should proceed in his vehicle along Cove Road; and

Page 3985

Whereas, a truck owned by the State Highway Department and operated by an employee of the State Highway Department, ran into the tailgate of Mr. R. L. Dotson's station wagon while Mr. R. L. Dotson was following the flagman's directions; and Whereas, Mr. R. L. Dotson has not been, nor cannot be, compensated for his loss by insurance; and Whereas, Mr. R. L. Dotson was required to expend the sum of $81.20 to repair the damage to his vehicle, 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 the sum of $81.20 to Mr. R. L. Dotson. 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 14, 1971. SPALDING COUNTYCOMPENSATIONS OF CLERK OF SUPERIOR COURT, SHERIFF AND ORDINARY CHANGED. No. 763 (House Bill No. 882). An Act to amend an Act abolishing the fee system as the mode of compensation of certain Spalding County officers and providing in lieu thereof salaries for the compensation of such officers, approved March 17, 1960 (Ga. L. 1960, p. 2756), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2210), so as to fix the salary of the Clerk of the Superior Court of Spalding County, including his services as Clerk for the State Court of Spalding County, at the rate of $13,200.00 per annum, and the salary of the Sheriff of Spalding County, including

Page 3986

his services as Sheriff of the State Court of Spalding County, at the rate of $15,000.00 per annum, and the salary of the Ordinary of Spalding County at the rate of $11,400.00 per annum, which salaries shall be paid in addition to the compensation set out and approved in Section 4 of said Act approved March 17, 1960 (Ga. L. 1960, p. 2756); 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 as the mode of compensation of certain county officers and providing in lieu thereof salaries for the compensation of such officers, approved March 17, 1960 (Ga. L. 1960, p. 2756), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2210), is hereby amended by striking section 2 of said Act in its entirety and substituting in lieu thereof a new section 2, which shall read as follows: Section 2. (a) From and after February 28, 1971, the Clerk of the Superior Court of Spalding County, including his services as Clerk (or ex officio Clerk) of the State Court of Spalding County, shall be paid a salary at the rate of thirteen thousand two hundred dollars ($13,200.00) per annum. (b) From and after February 28, 1971, the Sheriff of Spalding County, including his services as Sheriff of the State Court of Spalding County, shall be paid a salary at the rate of fifteen thousand dollars ($15,000.00) per annum. (c) Said salaries or compensation of each of the two aforesaid officers shall be apportioned and payable for the last ten months of the year 1971 at said respective annual rates and shall be payable for all subsequent years at said respective annual rates. Section 2 . Said Act is further amended by striking section 3 in its entirety and substituting in lieu thereof a new section 3, which shall read as follows:

Page 3987

Section 3. (a) From and after February 28, 1971, the Ordinary of Spalding County shall be paid a salary at the rate of eleven thousand four hundred dollars ($11,400.00) per annum. (b) Said salary shall be apportioned and payable for the last ten months of the year 1971 at said annual rate and shall be payable for all subsequent years at said annual rate. 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 1971 session of the General Assembly of Georgia a Bill to change the compensation of the Sheriff of Spalding County, the Ordinary of Spalding County, and the Clerk of the Superior Court of Spalding County and Ex-Officio Clerk of the State Court of Spalding County; to repeal conflicting laws and for other purposes. This the 4th day of February, 1971. Maureen C. Jackson, as Clerk of Spalding County Commissioners Georgia, Spalding County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Quimby Melton, Jr. 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: February 6, 13 and 20, 1971. /s/ Quimby Melton, Jr. Representative, 32nd District

Page 3988

Sworn to and subscribed before me, this 1st day of March, 1971. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires Oct. 10, 1972. (Seal). Approved April 10, 1971. COMPENSATION TO C. B. SMITH. No. 67 (House Resolution No. 92-233). A Resolution. Compensating Mr. C. B. Smith; and for other purposes. Whereas, on or about April 8, 1970, near Ellabelle, Georgia, in Bryan County, an automobile owned by Mr. C. B. Smith was legally parked at his place of residence; and Whereas, on said date, a truck owned by the State Highway Department was also parked on the highway approximately 90 feet from the automobile owned by Mr. Smith; and Whereas, the driver of said truck, Mr. Alton Hodges, an employee of said Highway Department, had failed to properly secure the hand brake of said truck when it was parked; and Whereas, because said hand brake was not properly secured, said truck rolled said 90 feet while not attended and collided with said automobile owned by Mr. Smith causing damage thereto in the amount of $362.26; and Whereas, Mr. Smith has not and cannot be compensated for said damage by insurance; and

Page 3989

Whereas, said damage was caused through no fault or negligence whatsoever on the part of Mr. Smith 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 $362.26 to Mr. C. B. Smith as compensation as provided 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 against the state arising out of said occurrence. Approved April 14, 1971. CARROLL COUNTY COMMISSIONER'S COMPENSATION CHANGED. No. 764 (House Bill No. 886). An Act to amend an Act creating the office of commissioner of Carroll County, approved February 21, 1951 (Ga. L. 1951, p. 3310), as amended, particularly by an Act approved April 1, 1965 (Ga. L. 1965, p. 3165), so as to change the compensation of said 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 Carroll County, approved February 21, 1951 (Ga. L. 1951, p. 3310), as amended, particularly by an Act approved April 1, 1965 (Ga. L. 1965, p. 3165), is hereby 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. Be it further enacted by the authority aforesaid that the compensation of said commissioner shall be twelve thousand five hundred dollars ($12,500.00) per annum,

Page 3990

payable monthly at the end of each month and, in addition thereto, he shall be allowed an expense account to cover the costs incurred in traveling and any other expenses incidental to the performance of his duties which shall not exceed twenty-four hundred dollars ($2,400.00) per annum. Section 2 . This Act shall become effective January 1, 1973. 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 January, 1970 session of the General Assembly of Georgia, a bill to change the compensation of the commissioner of roads and revenues of Carroll County; and for other purposes. This 23rd day of December, 1970. /s/ J. E. Bohannon /s/ Lamar Plunkett /s/ John K. Patterson Georgia, Carroll County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Carroll County Georgian legal organ for Carroll County. The following dates, to-wit: December 24, 1970, December 31, January 7, 1971, January 14. Sworn to on the 5th day of February, 1971. /s/ Stanley Parkman, Publisher

Page 3991

Sworn to and subscribed to before me, on the 5th day of February, 1971. /s/ Beatrice M. Parker Notary Public (Seal). Approved April 10, 1971. COMPENSATION TO WILLIAM NIPPER. No. 68 (House Resolution No. 97-244). A Resolution. To compensate Mr. William Nipper; and for other purposes. Whereas, on October 3, 1968, a mowing machine belonging to the State Highway Department, and being operated by an employee of said Department, was mowing grass on U. S. Highway 1, State Route 4, in Emanuel County, adjacent to the location of Nipper's Welding and Machine Shop, Swainsboro, Georgia; and Whereas, the mower caused an object to be picked up and thrown through the plate glass windows at said shop, causing damage in the amount of $315.00; and Whereas, this damage occurred through no fault or negligence whatsoever on the part of Mr. William Nipper, owner of Nipper's Welding and Machine Shop, and 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 the sum of $315.00 to Mr. William Nipper as compensation as provided 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 against the State arising out of said occurrence. Approved April 14, 1971.

Page 3992

CARROLL COUNTYTAX COMMISSIONER'S COMPENSATION CHANGED. No. 765 (House Bill No. 887). An Act to amend an Act creating the office of tax commissioner of Carroll County, approved July 28, 1931 (Ga. L. 1931, p. 405), as amended, particularly by an Act approved April 11, 1967 (Ga. L. 1967, p. 3025), 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 creating the office of tax commissioner of Carroll County, approved July 28, 1931 (Ga. L. 1931, p. 405), as amended, particularly by an Act approved April 11, 1967 (Ga. L. 1967, p. 3025), is hereby amended by striking subsection (a) of section 2 in its entirety and by inserting in lieu thereof a new subsection (a) which shall read as follows: Section 2. (a) The tax commissioner shall perform all the duties which are now performed by the tax receiver and tax collector of Carroll County, and shall be paid the sum of nine thousand five hundred dollars ($9,500.00) per annum in equal monthly installments on the first day of each month from the general funds of Carroll County. In addition thereto, said tax commissioner shall receive monthly from the general funds of Carroll County seven cents (7) per mile for the use of his personal automobile in making his rounds. Section 2 . This Act shall become effective January 1, 1973. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3993

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the January, 1970 session of the General Assembly of Georgia, a bill to change the salary of the tax commissioner of Carroll County; and for other purposes. This 23rd day of December, 1970. /s/ J. E. Bohannon /s/ Lamar R. Plunkett /s/ John K. Patterson Georgia, Carroll County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Carroll County Georgian legal organ for Carroll County. The following dates, to-wit: December 24, 1970, December 31, January 7, 1971, January 14. Sworn to on the 5th day of February, 1971. /s/ Stanley Parkman, Publisher Sworn to and subscribed to before me, on the 5th day of February, 1971. /s/ Beatrice M. Parker Notary Public (Seal). Approved April 10, 1971.

Page 3994

COMPENSATION TO ROLAND MAYE. No. 69 (House Resolution No. 109-270). A Resolution. Compensating Mr. Roland Maye; and for other purposes. Whereas, on January 2, 1970, a truck belonging to the State Forestry Commission and operated by one of its employees, was stopped on 8th Street at its intersection with 10th Avenue in Columbus, Muscogee County, Georgia; and Whereas, the State truck began making a left turn onto 10th Avenue and the right rear portion of the truck hit a 1967 Chevrolet which was stopped in the right lane beside the truck; and Whereas, the 1967 Chevrolet owned by Mr. Roland Maye was damaged in the amount of $89.02, and said damage has not been, nor cannot be, compensated by insurance; and Whereas, the accident occurred through no fault or negligence of Mr. Roland Maye, so it is only fitting and proper that he be compensated for his loss. Now, therefore, be it resolved by the General Assembly of Georgia that the State Forestry Commission is hereby authorized and directed to pay the sum of $89.02 to Mr. Roland Maye as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Commission and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 14, 1971.

Page 3995

CITY OF COCHRANTAX LEVY FOR SCHOOL PURPOSES CHANGEDREFERENDUM. No. 766 (House Bill No. 949). An Act to amend an Act creating a new Charter for the City of Cochran, approved August 15, 1904 (Ga. L. 1904, p. 407), as amended, so as to change the amount of tax which may be levied for public schools; 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 Cochran, approved August 15, 1904 (Ga. L. 1904, p. 407), as amended, is hereby amended by striking from section 38 the following: one per cent., and substituting in lieu thereof: one and one-half percent,, so that when so amended section 38 shall read as follows: Section 38. Be it further enacted by the authority aforesaid, That said corporation is hereby authorized and empowered to levy and collect a tax annually, in addition to that now authorized by law, upon the taxable property of said city, not to exceed one and one-half percent, for the purpose of establishing and maintaining public schools in said city; provided, the sum so raised shall be used only for the purpose of establishing and maintaining public schools in said city. Section 2 . Not less than 10 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 Cochran to issue the call for an election for the purpose of submitting this Act to the

Page 3996

voters of said City for approval or rejection. The Mayor shall set the date of such election for a day not less than 30 nor more than 90 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 Bleckley County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act to change the amount of tax which may be levied for school purposes by the City of Cochran be approved? Referendum. All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Cochran. It shall be the duty of the municipal election superintendent 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. Legal Notice. Notice is hereby given of intent to introduce legislation to amend the Cochran City Charter to raise the present maximum of ten (10) mills for City school taxes to fifteen (15). Ben Jessup Georgia, Fulton County. Personally appeared before me, the undersigned authority,

Page 3997

duly authorized to administer oaths, Ben Jessup 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 The Cochran Journal which is the official organ of Bleckley County, on the following dates: February 11, 18 and 25, 1971. /s/ Ben Jessup Representative, 49th District Sworn to and subscribed before me, this 23th day of February, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. COMPENSATION TO WILLIAM N. JONES. No. 70 (House Resolution No. 120-284). A Resolution. Compensating William N. Jones; and for other purposes. Whereas, on October 1, 1970, a 1967 Mercury owned by Mr. William N. Jones and driven by his daughter, Miss Paula E. Jones, was travelling on the 1-75 cut-off, crossing Hardeman Avenue in Macon, Georgia; and Whereas, an automobile owned by the Department of Public Safety, and operated by one of its employees, was travelling down Hardeman Avenue the wrong way on a one-way street; and

Page 3998

Whereas, the automobile operated by the employee of the Department of Public Safety, struck the left front fender of Mr. Jones' automobile; and Whereas, Mr. Jones incurred property damage and loss of use in the amount of $275.00, and his daughter Miss Paula Jones suffered personal injury in the amount of $15.00. 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 $100.00 to Mr. William N. Jones as compensation for damages arising out of the above described occurrence. Said sum shall be paid from the funds appropriated or available to the Department of Public Safety and shall be in full and complete satisfaction of all claims against the State of Georgia arising out of said occurrence. Approved April 14, 1971. CITY OF MORROWNEW CHARTER. No. 767 (House Bill No. 823). An Act to create a new charter for the City of Morrow in the County of Clayton; 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 a Merit Service System; to provide for the preservation of ordinances, bylaws, rules and regulations; 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 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 the registration of voters; to provide for the method of conducting elections; to provide for the establishment of a Recorder's Court;

Page 3999

to provide for the appointment of the Recorder; to provide for the qualifications and compensation of the Recorder; 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 all other matters relative to the foregoing; to provide for severability; to repeal a specific Act; 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. Incorporation; Name, Style and Designation; Powers of City as Body Politic and Corporate . This Act shall constitute the whole charter of the City of Morrow, Georgia. The City of Morrow, Georgia, in the County of Clayton, and the inhabitants thereof, shall continue to be a body politic and corporate under the name and style of the City of Morrow, 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 of the governing authority. Section 1.02. Corporate Boundaries . The corporate limits of the City of Morrow shall be as set forth in Appendix A, which is attached hereto and incorporated as part of this charter. Section 1.03. Corporate Powers . The corporate powers of the City, to be exercised by the Mayor and Council, as defined in section 2.01, shall include the following: (a) To levy and to provide for the assessment, valuation, reevaluation, and collection of taxes on all property subject to taxation.

Page 4000

(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. Whenever the City shall desire to create a bonded debt for the purpose of carrying into effect any of the powers and provisions of this charter, it shall have the right and authority to do so when authorized by a majority of the qualified voters of the City voting in an election. (d) To acquire, dispose of, and hold in trust or otherwise any real, personal or mixed property, inside the corporate limits of the City. (e) To condemn property, inside 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. (f) To grant franchises or make contracts for public utilities and public services, not to exceed periods of thirty (30) years. 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, insofar as not in conflict with laws of the State of Georgia, or not in conflict with such regulations by the Public Service Commission. (g) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, public buildings, sewers, drains, recreational, conservation,

Page 4001

sport, correctional, detentional and penal agencies and facilities; and any other public improvements, inside 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. (h) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (i) To provide for the collection and disposal of garbage, rubbish and refuse and to provide power and authority to take all necessary and proper means for keeping the City free from garbage, trash and filth. Charges or fees may be imposed to cover the costs of such services, which, if unpaid, shall constitute a debt and shall have a lien against any property of the persons served; said lien to be enforceable in the same manner, and under the same remedies, as a lien for City property taxes. (j) 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. (k) To define a nuisance in the City and to provide for its abatement. The Recorder of the City shall have jurisdiction over all nuisance abatement proceedings in the City. 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 the same within ten (10) days after written notice from the City to do so and after an opportunity to be heard on same. (l) To establish minimum standards for, and to regulate building construction and repair, electrical wiring 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.

Page 4002

(m) To adopt by ordinance a plan or plans for the zoning of the City, in the interest of public health, safety, order, convenience, comfort, aesthetics, prosperity, or general welfare, and 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; or for the purpose of preserving buildings, structures or areas having national, regional, State or local historic significance; or for the purpose of maintaining or improving the aesthetic appearance of any buildings, structures or areas. 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 Councilmen of said City shall deem best to accomplish the purposes of the zoning regulations. (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 Mayor and Council may provide for the commitment of City prisoners to any county works camp, or other governmental agency, or jail, by agreement with the appropriate governmental officers. (o) To regulate, license, tax, 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 violations 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.

Page 4003

(q) 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 or State law. (r) 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 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. (s) 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. (t) To contract with any State department, agency, or other political subdivision for joint services or the exchange of services; to contract with such agencies or subdivisions for the joint use of facilities or equipment; and to contract with any such agency or subdivision to perform any service or execute any project in which the municipality has an interest. Section 1.04. Ordinances . 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. ARTICLE II. CITY GOVERNMENT. Section 2.01. Establishment of City Government . The corporate governmental powers of the City of Morrow shall be vested in a Mayor and four (4) Councilmen to be known as the Mayor and Council. The Mayor and Council

Page 4004

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 Morrow. Section 2.02. Qualifications for Mayor and Councilmen . To be eligible for the office of Mayor or Councilman, elected or appointed, a person must be at least twenty-one years of age, and must meet the requirements of a qualified voter of said City, as prescribed by State law, must have been a bona fide resident of the City of Morrow for at least one (1) year next preceding the election in which he offers as a candidate, and shall continue to reside therein during this period of service. No person shall be eligible to be Mayor or Councilman who shall have been convicted of a crime involving moral turpitude, unless such person has received a full pardon and has all rights of citizenship restored. Section 2.03. Election of Mayor and Councilmen . Those persons presently elected and serving as Mayor and Councilmen of the City of Morrow shall continue to serve until their successors are duly elected and qualified as provided by law. On the second Saturday in October, 1971, and on said date every two (2) years thereafter, a general election shall be held for Mayor and the two (2) Councilmen whose terms of office are expiring. The candidate for Mayor and the two candidates for Councilmen who receive a majority of the votes cast in said election shall be elected for terms of office of two (2) years each and until their successors are duly elected and qualified. In the event no candidate receives a majority of the votes cast in said election, a runoff election shall be conducted between the two candidates receiving the highest number of votes for Mayor and for such office. Such runoff election shall be conducted on the fourteenth day after the day of holding the regular election, unless such runoff date is postponed by court order. On the second Saturday in October, 1972, and on said date every two (2) years thereafter, a general election shall be held for the two (2) Councilmen whose terms of office

Page 4005

are expiring. The candidates who receive a majority of the votes cast in said election shall be elected for terms of office of two (2) years each and until their successors are duly elected and qualified. In the event no candidate receives a majority of the votes cast in said election, a runoff election shall be conducted between the two candidates receiving the highest number of votes for such office. Such runoff election shall be conducted on the fourteenth day after the day of holding the regular election, unless such runoff date is postponed by court order. Any person possessing the qualifications required by law may qualify for any Council position or for Mayor. Section 2.04. Terms of Office . The terms of office for the Mayor and Council shall begin on the first Monday in January following said election, and shall continue for two (2) years and until their successors are elected and qualified. Section 2.05. Mayor and Council . The governing body of said City shall be composed of a Mayor and four (4) Councilmen, in which is vested all corporate, legislative and other powers of the City, except as otherwise provided in this charter. The Mayor and Council shall hold regular public meetings at a stated time and place as provided by ordinance. The Mayor and Council shall meet in special sessions on call of either the Mayor, or the Mayor Pro-Tem and two (2) Councilmen, when notice of which has been served on the other members personally or left at their residence at least twelve (12) hours in advance of the meeting. The powers of the Mayor and Council shall be exercised in public meetings. The Mayor and two (2) Councilmen or Mayor Pro-Tem and two (2) Councilmen shall constitute a quorum for the transaction of business at a special meeting. The Mayor and 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 Mayor and Council may provide by ordinance for punishment for contemptuous behavior conducted in the presence of the Mayor and Council.

Page 4006

The Mayor shall, before entering upon the discharge of his duties, give good and sufficient bond in an amount to be decided by the Mayor and Council, but not less than five thousand dollars ($5,000.00), said bond payable to the City of Morrow 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 2.06. Mayor as Presiding Officer . The Mayor shall preside at meetings of the Mayor and Council; shall have a vote only in the case of a tie vote by Councilmen; shall have veto power over ordinances, orders, or resolutions in which case the Mayor shall have five (5) days after meetings of the Mayor and Council to file with the Clerk in writing his dissent, but the Councilmen may at the same meeting or any subsequent meeting within sixty (60) days pass any such ordinance, order, or resolution, notwithstanding the veto, by a vote of two-thirds of the total number of Councilmen, to be taken by ayes and nays and entered upon the minutes; shall be the Chief Executive Officer 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 Mayor and Council to do so; and shall perform such other duties imposed by this charter and duly adopted ordinances. Section 2.07. Mayor Pro-Tem . The Mayor and 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 (1) year. Upon the Mayor and Council's failure to elect a Mayor Pro-Tem by the first meeting in February of each year, the incumbent Councilmen 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.

Page 4007

Section 2.08. Vacancy in Office of Mayor or Councilmen . A vacancy shall exist if the Mayor or a Councilman resigns, dies, moves his residence from the City, or the Mayor or a Councilman forfeits his office by being absent from three consecutive regular meetings of the governing authority, except if granted a leave of absence (excused) by the Mayor and Council and such leave of absence (excused) is entered on the minutes, or if he is adjudged legally incompetent, or is convicted of malfeasance in office, or of a felony. In the event a vacancy occurs in the office of a member of the Councilman from any cause other than the expiration of a term of office, the vacancy shall be filled in the following manner: If the vacancy occurs within twelve (12) months of the expiration of the term, but not within thirty (30) days prior to the regular City election, the vacancy shall be filled by the remaining Councilmen electing a qualified person to serve out the unexpired term of office; provided, however, that at no time shall there be more than one Councilman so appointed holding office; and if a vacancy occurs in the office of Councilman with one member so appointed, a special election shall be held within a period of sixty (60) days after the office becomes vacant pursuant to a call of a special election as provided by this charter; if said election is called, the previously filled vacancy and the existing vacancy shall be filled for the remainder of the unexpired terms. Provided, however, if a regular election for the City shall be held within three (3) months after the second vacancy occurs, the vacancy previously filled by appointment and the second vacancy shall be filled for the unexpired terms at such regular election. If the vacancy occurs within thirty (30) days prior to the regular City election, the vacancy shall be filled at such regular election under the same rules and regulations and provisions of law pertaining to the election of Councilmen. If the vacancy occurs at any other time not provided for above, the vacancy shall be filled by a special election called for that purpose by the Mayor and Council within a period

Page 4008

of sixty (60) days after the office becomes vacant. It shall be the duty of the Mayor and Council to publish notice of the special election in the official organ of the City once a week for the two-week period immediately preceding said special 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 Georgia 1933) as it now exists or may hereafter be amended, so long as the vacancy occurs at least three (3) months prior to regular expiration date of the terms. If the vacancy occurs within three (3) months of the expiration date, the Mayor Pro-Tem shall serve until the expiration date, and shall be authorized, during said period, to exercise all of the powers of the Mayor provided by this charter and the laws of this State. Section 2.09. Compensation and Expenses . The salary of the members of the Mayor and Council shall be set (or the same will remain the same) in October of each year by the Mayor and Council before newly elected members take office; said salary to be for the next ensuing year and which shall not be increased during the year for which it is set. The salary for Councilman shall not exceed nine hundred dollars ($900.00) per annum, and the salary for Mayor shall not exceed twelve hundred dollars ($1,200.00) per annum. Each Councilman and the Mayor, when authorized by the Mayor and Council and upon presentation of itemized vouchers, shall receive his actual and necessary expenses incurred in the performance of his duties of office. Section 2.10. City Clerk . The Mayor and Council shall appoint a City Clerk who shall serve at the pleasure of the Mayor and Council. The City Clerk shall be responsible for keeping and preserving the City seal and all records of the Mayor and Council; attending meetings of the Mayor and Council and keeping a journal of the proceedings at such meetings, including the names of members present and absent, the vote of each member on each question, each motion considered, and the text of each resolution or ordinance considered; preparing and certifying copies of official records

Page 4009

in his office, for which fees may be prescribed by ordinance; and performing such other duties as may be required by the Mayor and Council. The City Clerk shall be responsible for the receipt, custody and disbursements of the City's money or funds as prescribed by the Mayor and Council; shall provide such accounting therefor as may be required by the Mayor and Council; and shall perform such other duties as required by the Mayor and Council. The Mayor and Council shall require the City Clerk, 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 five thousand dollars ($5,000.00), said bond payable to the City of Morrow 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 . Any action of the Mayor and 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 introduced. The affirmative vote of at least a majority of those present 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 place a copy 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 . No ordinance, except in the case of emergency, which shall be stated in the ordinance, shall be approved until it shall have been read at two (2) meetings of the Mayor and Council, provided that the beginning of said meetings be not less than twenty-four (24) hours nor more than sixty (60) days apart. Provided, however,

Page 4010

that if the ordinance is being enacted to amend this charter, it shall be read at two (2) consecutive regular meetings not less than seven (7) nor more than sixty (60) days apart. 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 Mayor and 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 Chief Executive Officer of the City Government, presiding officer of the City Council, and responsible for the efficient and orderly administration of the City's affairs. He shall be responsible for the enforcement of laws, rules, regulations, ordinances and franchises in the City. He may conduct inquiries and investigations into 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. The City Attorney may be responsible for representing and defending the City in all litigation in which the City is a party; may at the discretion of the Mayor and Council be the prosecuting officer in the Recorder's Court; shall attend the meetings of the Mayor and Council as directed; shall advise the Council, Mayor and other officers and employees of the City, concerning legal aspects of the City's affairs, and shall perform such other duties as provided by the Mayor and Councilmen. Section 3.04. Administrative Assistant . The Mayor and Council may appoint an Administrative Assistant who shall devote all of his working time and attention to the affairs

Page 4011

of the City and who shall be responsible to the Mayor and Council for the efficient administrations of all the affairs of the City over which he has jurisdiction. In addition, the Mayor and Council may by ordinance delegate the following duties, or any combination thereof to the Administrative Assistant: to see that all laws and ordinances of the City are enforced; to exercise supervision and control of all departments of the City that are now or may hereafter be created by the Mayor and Council with the right to take part in the discussion but having no vote; to recommend to the Mayor and Council the adoption of such measures, ordinances and resolutions as he may deem necessary or expedient for the proper operation and administration of the City Government; to keep the Mayor and Council at all times fully advised as to the financial condition and needs of the City; to make a full report to the Mayor and Council at the first meeting thereof in each month, showing the operations and expenditures of each department of the City Government for the preceding months; and to perform such other duties as may be required by ordinance or resolution of the Mayor and Council. The Administrative Assistant shall be the purchasing agent for the City and shall make all purchases of supplies for departments; shall approve all vouchers for the same, provided, that the Mayor and Council shall, by resolution, require competitive bids on purchases under such rules and regulations as the Mayor and Council may from time to time prescribe. The Mayor and Council shall require the Administrative Assistant, before entering upon discharge of his duties, to give good and sufficient bond in amount not less than twenty thousand dollars ($20,000.00), said bond payable to the City of Morrow, 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 Morrow, and the premium thereon shall be paid by the City. Section 3.05. Oath of Office . Before a person takes any

Page 4012

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 fo the State of Georgia; and that I will in all respects observe the provisions of the charter and ordinances of the City of Morrow, and I will well and truly perform the duties of the Office of, and that I will to the utmost of my skill and ability endeavor to promote the interest and property of said City, without fear, favor or affection. So help me God. Section 3.06. City Planning and Renewal . The Mayor and Council may create and establish a Planning Commission pursuant to the provisions of general laws as they now exist or as they may hereinafter be amended. ARTICLE IV . MERIT SERVICE SYSTEM . Section 4.01 . Merit Service System. From and after the passage and approval of this Act, there is hereby authorized to be created and established by the Mayor and Council of the City of Morrow a Merit Service System. The Mayor and Council shall be authorized to create such Merit Service System by appropriate ordinance. Section 4.02. Merit Basis of Appointment . Appointments and promotions in the administrative service of the City shall be made according to merit and fitness to be ascertained, so far as practicable, by competitive examination. To carry out this purpose, there shall be a Department of Personnel, the head of which shall be the Administrative Assistant, who shall be appointed annually by the Mayor and Council. In the absence or disqualification of the Administrative Assistant, or in the event no Administrative Assistant is appointed, the Mayor shall serve as Personnel Director.

Page 4013

Section 4.03. Administrative Assistant; Powers and Duties . The Administrative Assistant shall have the power and shall be required to: (a) Hold competitive examinations for all appointments in the classified service, restricted to persons reasonably qualified to perform the duties of the position. (b) Give wide publicly through appropriate channels in each case to all announcement of competitive examinations to the end of encouraging qualified persons to take such examinations. (c) Prepare and recommend to the Personnel Board such rules as he may consider necessary, appropriate or desirable to carry out the provisions of this Section as provided in Section 4.08 of this Act. (d) Prepare, install, and maintain a classification plan based on the duties, authority and responsibility of positions in the City service. (e) Prepare and maintain a classification plan based on the duties, authority and responsibility of positions in the City service. (f) Prepare and maintain a pay plan in the City service. (g) Establish and maintain a roster of all persons in the municipal service in which there shall be set forth, as to each officer and employee, (1) the class title of the position held, (2) salary or pay, (3) any changes in class title, pay or status, (4) such other data as may be deemed desirable or useful to produce significant facts pertaining to personnel administration. (h) Certify all payrolls for persons in the classified service. No person shall be placed on the classified payroll without having first been certified by the Administrative Assistant or his authorized agent as being eligible therefor.

Page 4014

(i) Develop and establish training and educational programs for persons in the municipal service. (j) Investigate periodically the operation and effect of the personnel provisions of this charter and the rules promulgated thereunder, and report annually his findings and recommendations to the Personnel Board and Mayor and Council. (k) Perform such other and different lawful acts and functions in conjunction with the Personnel Board as he and the Personnel Board may deem necessary or desirable to enforce the purposes and provisions of this Section. Section 4.04. Personnel Board; Appointment, Removal . There shall be a Personnel Board consisting of five (5) members who shall be appointed by the Mayor and Council. The members of the Personnel Board shall annually elect one of their number as Chairman and another as Vice-Chairman. In the absence, disqualification or disability of the Chairman, the Vice-Chairman shall act as Chairman. Members of the Personnel Board shall serve for a term of five (5) years, except that of the members first appointed, one shall be appointed to serve for five (5) years, one for four (4) years, one for three (3) years, one for two (2) years, and one for one (1) year. Vacancies in an unexpired term shall be filled by the Mayor and Council by appointment for the remainder of the term. A member of the Board may be removed by the Mayor and Council only for cause and after being given a written statement of the charges against him and a public hearing thereon, if he so requests. A certified copy of the charges and a transcript of the record shall be filed with the Administrative Assistant. Section 4.05. Personnel Board; Qualifications . Each member of the Personnel Board shall be a freeholder in the City and qualified to vote in City elections, shall be known to be in sympathy with the merit principles as applied to the civil service, shall neither hold nor be a candidate for any elective political office of the City of Morrow.

Page 4015

Section 4.06. Personnel Board; Meetings, Salary . The Personnel Board shall meet at the call of the Chairman, any three (3) of the Board, or the Administrative Assistant, upon two (2) days' written notice, stating the purpose of the meeting. Three (3) members of the Board shall constitute a quorum and three (3) affirmative votes shall be required for the transaction of any official business. Members of the Board may be paid at a per diem rate established annually by the Mayor and Council. Section 4.07. Personnel Board; Powers and Duties . The Board shall have power and shall be required to: (a) Advise the Mayor and Council and the Administrative Assistant on problems concerning personnel administration. (b) Advise and assist the Administrative Assistant in fostering the interest of institutions of learning, civic, professional and employee organizations in the improvement of personnel standards in the municipal service. (c) Make any investigation which it may consider desirable concerning the administration of personnel in the municipal service and report to the Mayor and Council its findings, conclusions and recommendations. (d) Hear appeals in case any officer or employee in the classified service is suspended, reduced or removed, and report in writing to the Mayor and Council its decision and said decision shall be final; provided, however, nothing herein shall preclude any of said employees so affected from appealing said decision to the Superior Court of Clayton County, Georgia, in the same manner as appeals from the Court of Ordinary are taken to the Superior Court. (e) Perform such other duties with reference to personnel administration, not inconsistent with this charter, as the Mayor and Council may require by ordinance. Section 4.08. Classification . (a) Within six (6) months after the appointment of the first Administrative Assistant

Page 4016

under this Section, the Administrative Assistant shall prepare and recommend to the Board such rules as he may consider necessary, appropriate or desirable to carry out the provisions of this Section. After a public hearing thereon, the Board shall approve or reject the rules wholly or in part, or may modify them, and approve them as so modified. Rules and any amendments thereto which are approved by the Board shall be transmitted to the Administrative Assistant for filing with the Mayor and Council together with whatever recommendations he may desire to make. Rules and amendments thereto shall become effective when approved by the Mayor and Council. Thereafter, the Board shall have the power to amend, repeal or add to the rules on the recommendation of the Administrative Assistant or on its own initiative, subject to the requirements of a public hearing and all other subsequent steps of procedure required herein for the adoption of the original set of rules. (b) Rules adopted hereunder shall have the force and effect of law. They shall provide for the method of holding competitive examinations, the establishment, maintenance, consolidation and cancellation of eligible lists, administration of the classification plan, the pay plan, the application of service ratings, the hours of work, attendance regulation and leaves of absence for employees in the classified service, the order and manner in which lay-offs shall be effective and similar matters of personnel administration. (c) The powers herein conferred upon the Administrative Assistant shall be subject only to the provisions of this section and of the rules adopted hereunder, and may be exercised by regulation or by order as the Administrative Assistant sees fit. Section 4.09. Unclassified and Classified Service . (a) The unclassified service shall comprise the following offices and positions: (1) Mayor, members of the City Council, and other elective officers and persons appointed to fill vacancies in elective offices;

Page 4017

(2) Administrative Assistant, City Clerk, City Attorney, City Recorder; (3) Members of boards and commissions in the City's service; (4) Part-time and temporary employees; (5) The classified service shall comprise all positions not specifically included by this Section in the unclassified service. Section 4.10. Classification . (a) The Administrative Assistant shall prepare an up-to-date record of the authority, duties and responsibilities of each position in the classified service. Within one (1) year after the appointment of the first Administrative Assistant under this Section, the Administrative Assistant shall prepare and submit to the Mayor and Council a plan of classification and grading of all such positions according to similarity of authority, duties and responsibilities. Such plan shall take effect when adopted by the Mayor and Council. (b) Changes in the classification plan which the Administrative Assistant deems desirable may be recommended and adopted from time to time in the same manner as herein provided for the original adoption of the plan. (c) As promptly as practicable after the adoption of the classification plan, and after any amendment thereof, the Administrative Assistant shall, with the approval of the Mayor and Council, allocate each position in the classified service to the appropriate class therein on the basis of its authority, duties and responsibilities. Thereafter, as new positions are created or additional classes are established, or existing classes are divided, combined, altered, or abolished, the Administrative Assistant shall make such allocations or reallocations of positions to new or existing classes as are necessitated thereby. (d) Following the adoption of the classification plan and the allocation to classes thereon of positions in the classified

Page 4018

service, the class title set forth therein shall be used to designate such positions in all official records, documents, vouchers 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 Administrative Assistant as appropriate to the duties to be performed. (e) Employees affected by the allocation or reallocation of a position to a class, or by any changes in the classification plan, shall be afforded a reasonable opportunity to be heard thereon after filing with the Administrative Assistant a written request for a hearing. Section 4.11. Promotions . Vacancies in higher positions in the classified service of the City shall, as far as practicable, be filled by promotion from lower classes following competitive tests; provided, that in case the Administrative Assistant so directs, such positions shall be filled by competitive tests open not only to City officers and employees serving in lower classes, but also to persons not in the service of the City. A change from a position in any class to a position in another class for which a higher maximum rate of pay is prescribed shall be considered a promotion. The Administrative Assistant shall, to the extent he considers such actions desirable, indicate the principal or normal lines of promotion from and to each class to the class specifications or in regulations. Section 4.12. Pay Plan . The Administrative Assistant shall prepare for the Mayor and Council a standard schedule of pay for each position in the classified service. The Administrative Assistant shall submit the pay plan to the Mayor and Council with such changes as he deems desirable and such plan shall take effect when adopted by the Mayor and Council. The pay plan adopted by the Mayor and Council shall include a minimum and maximum and such intermediate rates as may be deemed desirable for each class of position. Amendments to the pay schedule may be adopted by the Mayor and Council, from time to time, upon recommendation of the Administrative Assistant. In increasing

Page 4019

or decreasing items in the City budget, the Mayor and Council shall not increase or decrease any individual salary items but shall act solely with respect to classes of positions as established in the classification and pay plans. In no event shall the Mayor and Council reduce the salary of a class below the minimum or raise it above the maximum salary established by the pay plan except by amendment of the pay plan. Section 4.13. Oaths . For the purpose of the administration of the personnel provisions of this charter, any member of the Personnel Board shall have the power to administer oaths. Section 4.14. Prohibitions . No persons in the classified service of the City or seeking admission thereto shall be appointed, promoted, reduced, removed or in no way favored or discriminated against because of his political or religious opinions and affiliations. No person shall willfully or corruptly make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment held or made under the personnel provisions of this charter or in any manner commit or attempt to commit any fraud preventing the impartial execution of such personnel provisions or of the rules and regulations made thereunder. No officer or employee in the classified service of the City shall continue in such position after becoming a candidate for nomination or election to any public office. No person seeking appointment to or promotion in the classified service of the City shall either directly or indirectly give, render or pay any money, service or other valuable thing to any person for or on account of or in connection with his test, appointment, proposed appointment, promotion or proposed promotion. 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 whatever from any person holding a position in the classified service of the City. No person holding a position in the classified service of the City shall make any contribution to the campaign funds of any political party or any candidate for public office or take any part in the management, affairs or political campaign

Page 4020

of any political party, or any candidate further than in the exercise of his rights as a citizen to privately express his opinion and to cast his vote. Any person who by himself or with others willfully or corruptly violates any of the provisions of this Section shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not less than one thousand dollars ($1,000.00) or by imprisonment for a term of six (6) months or by both such fine and imprisonment. Any person who is convicted under this Section shall, for a period of five (5) years, be ineligible for appointment to or employment in a position in the City service and shall, if he be an officer or employee of the City, immediately forfeit the office or position he holds. ARTICLE V . FISCAL ADMINISTRATION . Section 5.01. Fiscal Year . The fiscal year of the City Government shall begin on the first day of July and shall end on the thirteenth day of June of each year, but a different fiscal year may be fixed by ordinance for the entire City Government. 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 5.02. Mayor and Council to Prepare Annual Budget . 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 Mayor and Council shall prepare an 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 expenditures during the preceding fiscal year; (b) appropriations and estimated revenue and expenditures for the current fiscal year;

Page 4021

(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 5.03. Action by Mayor and Council on Budget . Before the beginning of the fiscal year, the Mayor and Council shall adopt an appropriate ordinance, based on the budget, with such modifications as the Mayor and 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 Mayor and Council. The Mayor and Council shall not make any appropriations in excess of estimated revenue, except to provide for an actual emergency threatening the health, property, lives, safety or general welfare of the inhabitants of the City; provided the Mayor and Council unanimously agrees that there is such an emergency. If conditions prevent the adoption of an appropriations 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 5.04. Additional Appropriations . The Mayor and 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 appropriations may be made only from an existing unappropriated surplus. Section 5.05. Lapse of Appropriations . All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year lapse into the general fund as unappropriated surplus or reserves.

Page 4022

Section 5.06. 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 Mayor and Council shall prepare a capital improvements budget with appropriate recommendations as to the means of financing such improvements. 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 Mayor and Council shall adopt an appropriate ordinance based on the proposed capital improvements budget, with such modifications as the Mayor and Council considers necessary or desirable. No appropriations provided for in the capital improvements budget shall lapse until the purpose for which the appropriations 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; provided, however, that any amendment as provided for above shall be effective only to change the expenditures for items included in the capital improvements budget. Any such amendments to the capital improvements budget shall become effective only upon adoption by a majority vote of the Mayor and Council. (c) In the case of a public emergency thereatening the lives, health, safety or property of inhabitants, the Mayor and Council may authorize an expenditure for the construction of any building, structure, work or improvement not included in the capital improvements budget. Any such expenditure for items not included in the capital improvements budget shall become effective only upon adoption by a three-fourth's vote of the membership of the Council. Section 5.07. Annual Audit . The Mayor and Council shall employ 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 Council.

Page 4023

Section 5.08. Publication of Financial Statement . As soon as practicable after the close of the fiscal year, but within six (6) 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 5.09. Property Taxes . All property subject to taxation for State or county purposes, assessed as of January 1, in each year, shall be returned for taxes on or before April 1. If such return is not made by the property owner, the assessing authority, which can be either the board of assessors of the City, consisting of three (3) property owners, the county assessing authority, or such other authority as the Mayor and Council by ordinance may designate, shall assess such property for taxation from the best information they can obtain as to its value for the year in default, and notify said owner of the valuation, which shall be final, unless the owner shall claim that it is excessive, said claim to be asserted as provided by general law. Any assessment made by the assessing authority, as designated by the Mayor and Council, unless otherwise provided by this charter shall be subject to arbitration. The arbitration procedures for determining the correctness or validity of any assessment shall be as provided by State law. Taxes shall be due and payable on September 30 of each year. The Mayor and Council by ordinance may provide for an independent City assessment as provided by Georgia law or may elect to sue the county assessment for the year in which City taxes are to be levied. If an independent City assessment is made, a Board of Equalization, consisting of three (3) property owners of the City appointed by the Mayor and Council, with compensation fixed by ordinance, shall hear appeals of taxpayers taken within ten (10) days after the City Clerk has sent notice, by ordinary mail, of a new or increased assessment. Except as otherwise provided

Page 4024

in this Section, appeals involving City property assessment may be taken as now or may hereinafter be provided by general law. Section 5.10. Tax Levy . The Mayor and Council shall have the right to levy on all property in said City, not to exceed five (5) mills per annum, the rate to be determined by a Resolution supported by a majority vote and entered on the minutes. Provided, however, that said Council shall have the authority to increase the maximum tax rate from five (5) mills per annum to a rate not to exceed fifteen (15) mills. Provided, any increase in said maximum tax rate shall be approved by the majority of the voters voting in an election held by the City of Morrow in which the question of increasing said maximum tax rate shall be presented to the voters. Section 5.11. Tax Due Date and Tax Bills . The due date of property taxes shall be July 1 of each year unless otherwise provided by ordinance. 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 September 30 of each year, which time may be changed by ordinance, and 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 highest legal rate per annum authorized by State law 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. 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, after due notice and hearing to be prescribed by the Mayor and Council, for the current or any previous year, not in conflict with any limitation prescribed by the laws of Georgia; to prescribe the time or times at which said returns are

Page 4025

due; and to provide the time or times when said taxes shall be due and payable. Section 5.12. 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 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 5.13. Transfer of Executions . The Clerk of the City of Morrow 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 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 in 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 county ad valorem tax fi. fa. as the same now exists or as may from time to time be provided by law. ARTICLE VI . ELECTIONS . Section 6.01. Regular Elections . Time for Holding and Taking Office. The regular elections for Mayor and Councilmen, as provided herein, shall be held on the second Saturday in October. Officials elected at any regular election shall assume office on the first Monday in January next following such election.

Page 4026

Section 6.02. Qualification of Candidates . Any person desiring to become a candidate in any regular election shall file written notice of his candidacy with the City Clerk at least fifteen (15) but not more than forty-five (45) days provided by ordinance, prior to the date fixed for the holding of such election. In the case of a special election, said notice must be filed at least ten (10) but not more than thirty (30) days, as provided by ordinance, prior to the date fixed for the holding of 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 one hundred dollars ($100.00). Section 6.03. Qualification of Electors . 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 Morrow for ninety (90) days next preceding the election in which he desires to vote, or for such period as may otherwise be provided by the Georgia Municipal Election Code, shall be qualified to register as an elector in any City election held under this charter. Section 6.04. Applicability of General Laws . Except as otherwise provided by this charter, the election of all officials of the City of Morrow where provision is made for election by the qualified electors thereof, shall be conducted as to 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. Whenever any time period established by said Election Code is altered so as to change or supersede any time period provided herein, it shall be considered that the time periods provided herein will be correspondingly changed so as to avoid any conflict between this charter and the general laws of the State. Section 6.05. Time of Election . The polls shall be opened from 7 o'clock A. M. local time to 7 o'clock P. M. local time. Section 6.06. Place of Elections . The polling place or

Page 4027

places for holding elections shall be prescribed by the Mayor and Council and shall be published in the election notice as required by law; provided, however, any change in a polling place shall be effected as provided by Section 34A-604 of the Georgia Municipal Election Code as it now exists or may hereafter be amended. Section 6.07. Voter Registration . In all elections held in the City of Morrow, whether special or general elections, the electors, in addition to the qualifications already prescribed, shall be registered as may be prescribed by ordinance. Section 6.08. Rules . The Mayor and 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 6.09. Call for Elections . Any call for an election which is required to be made by the laws of this State shall be made by the Mayor and Council. Section 6.10. Absentee Ballots . The Mayor and Council may provide by ordinance for absentee ballots for any City election. ARTICLE VII . RECORDER'S COURT . Section 7.01. Creation . There is hereby established a court to be known as the Recorder's Court, City of Morrow, 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, 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

Page 4028

limits of the City of Morrow 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 to prescribe the conditions of forfeiture of the same; and to administer oaths and to perform all other acts necessary and proper for 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 7.02. Recorder . (a) No person shall be qualified or eligible to serve as Recorder unless he shall have attained the age of 21 years, be a qualified attorney (Member of State Bar of Georgia), and shall be a resident of Clayton County. Compensation of the Recorder shall be fixed by the Mayor and Council. (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 7.03. Jurisdiction . The Recorder shall have power to impose fines, costs and forfeitures for the violations of any law or ordinance of the City of Morrow passed in accordance with this charter; for each offense, in an amount not to exceed two hundred fifty dollars ($250.00), to imprison offenders for a period of not more than ninety (90) days, or at labor on the roads and streets or other public works of said City for not more than ninety (90) 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

Page 4029

punishment for contempt than to impose a fine of one hundred dollars ($100.00) or imprisonment not exceeding twenty (20) days, or any combination of the two. He shall be to all intents and purposes a Justice of the Peace, so as to enable him to issue warrants for offenses committed within the limits of the City of Morrow 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 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 Morrow. 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, recorders, police courts, and particularly such laws as authorize administering of oaths. Section 7.04. Right of Appeal . The right of appeal to the Superior Court of Clayton 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, provided, however, any person shall have ten (10) days to file such appeal. An appeal to the Superior Court shall be a de novo proceeding. Unless otherwise prescribed by ordinance, all bonds required on appeal shall be the same as prescribed for appeal bonds for appeals from the Court of Ordinary as established by State law. Section 7.05. Court Costs . In all cases in the Recorder's Court of the City of Morrow, the costs incurred and allowable herein may be computed under the provisions of the laws of the State of Georgia fixing the costs in the justice of the peace courts of said State, or the Mayor and Council may establish a schedule of fees to defray the costs of operation. The Mayor and 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

Page 4030

in the Recorder's Court and in the issuance and collection of tax and other executions; and for their collections and payment in the City Treasury. The Recorder is hereby authorized to use subpoenas to compel the attendance of witnesses at said Recorder's Court and to issue such other processes as may be necessary for the proper administration of said Court. Section 7.06. Rules of Court . 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 VIII . SEVERABILITY . Section 8.01 . 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. ARTICLE IX . REPEALER . Section 9.01 . An Act creating and incorporating the City of Marrow (now Morrow) in the County of Clayton, approved March 2, 1943 (Ga. L. 1943, p. 1453), as amended,

Page 4031

by an Act approved February 23, 1945 (Ga. L. 1945, p. 730), an Act approved February 8, 1949 (Ga. L. 1949, p. 290), an Act approved March 4, 1955 (Ga. L. 1955, p. 2781), an Act approved March 28, 1961 (Ga. L. 1961, p. 2490), an Act approved February 27, 1962 (Ga. L. 1962, p. 2304), an Act approved March 20, 1963 (Ga. L. 1963, p. 2416), and an Act approved March 25, 1968 (Ga. L. 1968, p. 2853), is hereby repealed in its entirety. Section 9.02 . All laws and parts of laws in conflict with this Act are hereby repealed. APPENDIX A . The corporate limits of the City of Morrow shall include all of the territory within the following described boundaries: All that tract or parcel of land lying and being in Land Lots 110, 111, 112, 113, 114, 115, 142, 143, 144, 145, 146, and 147 of the 12th District of Clayton County, Georgia, and in Land Lots 113, 144, and 145 of the 13th District of Clayton County, Georgia, and being more particularly described as follows: BEGIN at the Northwest corner of the City Limits of the City Morrow, Georgia, as described in the Charter of the City of Morrow as enacted March 2, 1943, wherein said original City Limits are described as being in the form of a rectangle one mile wide and two miles long, the center of the same shall be the depot of the Central of Georgia Railroad across public road from Mrs. C. L. Murphy store and measuring one mile North and one mile South and one-half mile West and one-half mile East from said depot. From the beginning point thus established run South along the West original City Limit line to a point on the North line of Land Lot 144 of the 12th District; thence West along said Land Lot line 156 feet to a point; thence South 150 feet to a point; thence 871 feet West to a point on the West line of said Land Lot 144; thence North along the West line of Land Lots 144 and 145 to the South side of the Georgia Power Company Transmission Line Right-of-Way;

Page 4032

thence West to the West side of Phillips Drive; thence South along the West side of Phillips Drive to a point 212 feet South of the South side of Ponderosa Park Drive; thence West 648 feet to a point; thence South to the North side of Morrow Road; thence Westerly along the Northerly side of Morrow Road to a point 153 feet East of Morrow Cove; thence South 600 feet, more or less, to a creek; thence Southeasterly along said creek 1200 feet, more or less, to a point on the North line of Land Lot 144 of the 13th District; thence in a general Southwesterly direction along said creek to a point on the South side of Morrow Industrial Boulevard; thence Easterly along the Southerly side of Morrow Industrial Boulevard 3000 feet, more or less, to a point on the West original city limit line; thence South along the West original city limit line to the Southwest corner of the original city limits; thence East along the South original city limit line to a point on the Southeasterly side of Highway 54; thence Southwesterly along the Southeasterly side of Highway 54 a distance of 650 feet, more or less, to the point on the South line of Land Lot 112 of the 12th District; thence East along said South line 300 feet, more or less, to the Central of Georgia Railroad; thence North along the Central of Georgia Railroad 532 feet, more or less, to a point on the North line of the property of H. V. Barton; thence East along the North line of the Barton property 3000 feet, more or less, to the Northeast corner of the Barton property (said point being 200 feet, more or less, West of the East Line of Land Lot 111 of the 12th District); thence South 532 feet, more or less, to a point on the South line of Land Lot 111 of the 12th District; thence East along the South line of Land Lot 111 and South line of Land Lot 110 a distance of 1921 feet to a point; thence North 10 degrees 25 minutes West 1310 feet to a point; thence North 83 degrees 58 minutes West 1300 feet, more or less, to a point on the East original line of the city limits of Morrow; thence North along the East original city limit line to the East side of Meadowbrook Drive; thence Northerly along the Easterly side of Meadowbrook Drive to the Northeast corner of Meadowbrook Drive and Argonne Drive; thence East along the North side of Argonne Drive 173.1 feet to a point; thence North 162 feet to a point; thence West 153 feet to the East side of Meadowbrook

Page 4033

Drive; thence North along the East side of Meadowbrook Drive to a point 190 feet South of the South side of Lake Harbin Road; thence West to a point 65 feet West of the West side of Meadowbrook Drive; thence North to the North side of Lake Harbin Road; (this description is intended to exclude the lot at the Southwest corner of Meadowbrook Lane and Lake Harbin Road); thence East to the East side of Wendell Road to; thence North along the East side of Wendell Road to a point 215.6 feet South of the Southeast corner of Wendell Road and Carla Drive; thence East along the South side of Block C, Unit 3, Morrow Woods Subdivision, 801 feet, more or less, to a point on the West side of Carla Drive; (excluded herefrom is Lots 1, 4, Block C; Lots 10, 11, 12, 13, Block D; Morrow Woods Subdivision, Unit 3); thence South along the West side of Carla Drive to a point on the South side of Lake Harbin Road; thence East along the South side of Lake Harbin Road to a point 120 feet West of the Southwest corner of Peacock Boulevard and Lake Harbin Road; thence South 118 feet; thence East to the West side of Peacock Boulevard; thence North to the South side of Lake Harbin Road; thence Northerly to a point on the North side of Lake Harbin Road at the Southeast corner of Section A, Unit 4, Morrow Woods Subdivision; thence North along the East line of Morrow Woods Subdivision 1470 feet to a point; thence West along the North line of Morrow Woods Subdivision 1585 feet to a point on the original East city limit line; thence North along the East original city limit line of the City of Morrow 3800 feet, more or less, to a point on the South line of property conveyed to the Clayton County Board of Education by Dallas P. Williams as recorded in Deed Book 453, page 664, Clayton County Records; thence East along the South side of said tract 1200 feet to a point; thence North along the East side of said tract 525 feet to a point; thence West along the North side of said tract 1100 feet, more or less, to a point on the East original city limit line of the City of Morrow; thence North 400 feet, more or less, to the Northeast original corner of the City of Morrow; thence West along the North original line of the City limits of Morrow one mile to the Northwest corner at the point of beginning.

Page 4034

Notice of Intent to Introduce Local Legislation to Create a New Charter for the City of Morrow, Morrow, Georgia. Clayton County, Georgia. NOTICE IS hereby given that a bill shall be introduced in the 1971 session of The General Assembly to incorporate the City of Morrow, in Clayton County, Georgia, under a new charter to describe the city limits; provide for municipal government; provide for municipal officials, their election or appointment, term of office, salary and duties; empower said municipality to levy and collect taxes and other revenue and to expend the same; and for other purposes. Myron L. Maxey, Mayor, City of Morrow Morrow, Georgia 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 which is the official organ of Clayton County, on the following dates: December 25, 1970 and January 1 and 8, 1971. /s/ William J. Lee Representative, 21st District Sworn to and subscribed before me, this 22th day of February, 1971. /s/ Genevieve McKinney Notary Public. (Seal). Approved April 10, 1971.

Page 4035

COMPENSATION TO EUGENE McCLUNG GRAVES. No. 71 (House Resolution No. 129-360). A Resolution. Compensating Mr. Eugene McClung Graves; and for other purposes. Whereas, on or about April 7, 1970, a vehicle owned by the Department of Public Safety and being driven by Mr. Tyrone Collier Dillard, an employee of said Department, collided with an automobile owned and being driven by Mr. Eugene McClung Graves; and Whereas, said accident occurred on U. S. Highway 129 approximately 4 miles north of Gainesville, Georgia; and Whereas, said accident occurred when Mr. Graves slowed his automobile to turn into the driveway of his residence and the vehicle being driven by Mr. Dillard, being in pursuit of another vehicle, was unable to avoid striking the automobile being driven by Mr. Graves; and Whereas, said accident caused damage to said automobile owned by Mr. Graves in the amount of $389.80 for which he has not been and cannot be compensated by insurance; and Whereas, said accident occurred through no fault or negligence whatsoever on the part of Mr. Graves, and it is only just and proper that he be compensated for the property damage sustained by him as a result of said accident. 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 $389.80 to Mr. Eugene McClung Graves as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department and shall be

Page 4036

in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 14, 1971. COBB COUNTY TAX COMMISSIONER'S COMPENSATION CHANGED, ETC. No. 768 (House Bill No. 970). 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, particularly by an Act approved April 25, 1969 (Ga. L. 1969, p. 3565), 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, particularly by an Act approved April 25, 1969 (Ga. L. 1969, p. 3565), is hereby amended by striking from section 3 the figures $13,750.00 and $11,330.00, and inserting in lieu thereof the figures $16,000.00 and $13,500.00, respectively, so that when so amended section 3 shall read as follows: Section 3. That the salary of said tax commissioner shall be $16,000.00 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 $13,500.00 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 to

Page 4037

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 on January 1, 1973. 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-February, 1971 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 8th day of February, 1971. Cyrus M. Chapman Senator, 32nd District George H. Kreeger Representative, 117th District Dr. J. H. Henderson, Jr. Senator, 33rd District G. Robert Howard Representative, 117th District Eugene Housley Representative, 117th District Hugh Lee McDaniell Representative, 117th District
Page 4038

Howard Atherton Representative, 117th District A. L. Burruss Representative, 117th District Joe Mack Wilson Representative, 117th District 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: February 12, 19 and 26, 1971. /s/ George H. Kreeger Representative, 117th District Sworn to and subscribed before me, this 25th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia, State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. COMPENSATION TO MRS. LILLIE S. ARD. No. 72 (House Resolution No. 131-360). A Resolution. Compensating Mrs. Lillie S. Ard; and for other purposes. Whereas, on or about September 2, 1970, Mrs. Lillie S. Ard, while at the Georgia State Farmer's Market at

Page 4039

Forest Park, Georgia, sustained personal injuries as a result of an accident which happened when she approached a pulp machine, for the purpose of using same, and the floor around the machine had been left wet after cleaning, causing Mrs. Ard to slip and fall against a galvanized tub; and Whereas, said accident caused Mrs. Ard severe pain and damaged her rib cage which caused her to be hospitalized for three days; and Whereas, Mrs. Ard incurred hospital, doctor and medical expenses in the amount of $344.80 as a result of said accident; and Whereas, insurance compensated Mrs. Ard for said expenses in the amount of $226.75, leaving the amount of $118.05 for which she has not been and cannot be compensated; and Whereas, said accident occurred through no fault or negligence whatsoever on the part of Mrs. Ard and it is only just and proper that she be compensated for the amount not covered by insurance. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Agriculture is hereby authorized and directed to pay the sum of $118.05 to Mrs. Lillie S. Ard as compensation as provided 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 against the State arising out of said occurrence. Approved April 14, 1971. COBB COUNTY RECREATION ACT AMENDED. No. 769 (House Bill No. 974). An Act to amend the Cobb County Recreation Authority

Page 4040

Act, approved February 11, 1958 (Ga. L. 1958, p. 2004), so as to change the membership of the Authority and the Advisory Committee; 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 Cobb County Recreation Authority Act, approved February 11, 1958 (Ga. L. 1958, p. 2004), is hereby amended by striking in its entirety section 2 and substituting in lieu thereof the following: Section 2. Cobb County Recreation Authority. (a) There is hereby created a body corporate and politic to be known as the Cobb County Recreation Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title 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 shall in no event be liable for any torts committed by any of the officers, agents and employees. (b) The Authority shall be composed ex officio of the members of the Board of Commissioners of Cobb County. The Chairman of said Board shall serve as the Chairman of the Authority and one of the other members shall be elected Vice Chairman to serve as such at the pleasure of the membership. The members of the Authority shall elect a Secretary and a Treasurer to serve at their pleasure, who may or may not be members of the Authority, and such offices may be held by the same person. (c) 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 2 . Said Act is further amended by striking in its entirety section 3 and substituting in lieu thereof the following:

Page 4041

Section 3. Advisory Committee. There is hereby created an Advisory Committee to advise and assist the Authority in the performance of its duties and functions hereunder. The mayors of the cities of Acworth, Austell, Kennesaw, Marietta, Powder Springs and Smyrna, respectively, and the members of the Advisory Board of Cobb County shall compose and serve ex officio as members of the Advisory Committee. The Advisory Committee shall meet with the Authority from time to time upon reasonable notice at the request of the Authority, and the Authority shall likewise meet with the members of the Advisory Committee at the request of the Committee upon reasonable notice. The functions of the Advisory Committee shall be advisory only, and the Authority shall make and be responsible for all decisions and the taking of all actions hereunder authorized. However, in making such decisions and taking such actions, any recommendation or recommendations of the Advisory Committee shall be carefully considered. In the absence or disability of any one or more of the aforesaid mayors, the mayor pro tem of such city shall act in his place and stead. Section 3 . This Act shall become effective on July 1, 1971. 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 1971 Session of the General Assembly of Georgia, a bill to amend an act creating a board of commissions of Roads and Revenue for Cobb County, Georgia, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), and for other purposes. This 22nd day of December, 1970. Cyrus M. Chapman J. H. Henderson, Jr. Senators
Page 4042

George H. Kreeger Eugene Housley Howard Atherton A. L. Burruss Joe Mack Wilson G. Robert Howard Hugh Lee McDaniell Representatives 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 22, 29 and February 8, 1971. /s/ Eugene Housley Representative, 117th District Sworn to and subscribed before me, this 4th day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. Approved April 10, 1971. CITY OF DULUTHCORPORATE LIMITS CHANGEREFERENDUM. No. 770 (House Bill No. 993). An Act to amend an Act creating a new charter for the City of Duluth, approved March 25, 1958 (Ga. L. 1958,

Page 4043

p. 3148), 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 Duluth, approved March 25, 1958 (Ga. L. 1958, p. 3148), is hereby amended by adding following section 2, a new section, to be numbered section 2C, to read as follows: Section 2C. There shall be included in the corporate limits of the City of Duluth in addition to the area described in section 2, the following parcel of land: All that tract or parcel of land lying and being adjacent to the southwesterly, southerly and southeasterly municipal boundary of the City of Duluth and fully described as follows: BEGINNING at a point on the existing municipal boundary where the northwesterly side of the Southern Railroad right-of-way intersects the existing municipal boundary; running thence southwesterly and southerly along the northwesterly and westerly side of the Southern Railroad right-of-way a distance of Three Thousand Five Hundred (3,500) feet, more or less, to a point on the northwesterly side of the Southern Railroad right-of-way; running thence southeasterly a distance of Two Hundred (200) feet, more or less, to a point on the southeasterly side of the Southern Railroad right-of-way, which point is also the westerly corner of the lands of Jack S. Tonge a distance of Two Hundred (200) feet, more or less, to a point on the northwesterly side of U. S. Highway No. 23; running thence southeasterly a distance of One Hundred (100) feet, more or less, to a point on the southeasterly side of the right-of-way of U. S. Highway No. 23, said line being perpendicular to the northwesterly side of the right-of-way of U. S. Highway No. 23; running thence northerly along the southeasterly side of the right-of-way of U. S. Highway No. 23 a distance of Six Hundred Twenty-five (625) feet, more or less, to a point formed by the intersection of the

Page 4044

southeasterly side of the right-of-way of U. S. Highway No. 23 and the center line of Creek Drive; running thence southerly and southeasterly along the center line of Creek Drive a distance of Four Thousand Six Hundred Fifty (4,650) feet, more or less, to a point formed by the intersection of the center line of Creek Drive with the extension of the center line of Davenport Road (otherwise known as Church of God Road); running thence northerly with the meanderings of Davenport Road (otherwise known as Church of God Road) along the center line of said road a distance of Four Thousand Four Hundred (4,400) feet, more or less, to a point formed by the intersection of the center line of Davenport Road with the existing municipal boundary of the City of Duluth; running thence in a westerly and northwesterly direction along the curvature of said existing municipal boundary a distance of Four Thousand Two Hundred (4,200) feet, more or less, to the point of beginning. This description is prepared with reference to the official tax maps of Gwinnett County, particularly sheet no. 6-292, dated 1960; sheet 6-265, dated 1960; sheet 6-266, dated 1960; sheet 6-262, dated 1960, and said maps and the record thereof in the office of the Tax Assessor of Gwinnett County are by reference incorporated herein. Section 2 . Not less than five (5) nor more than fifteen (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 mayor and city council of the City of Duluth to issue the call for an election for the purpose of submitting this Act to the voters of the area proposed to be annexed to the City of Duluth by the provisions of this Act for approval or rejection. Any person desiring to vote in the election provided herein shall execute an affidavit stating that he is a registered voter of Gwinnett County and a resident of the area proposed to be annexed. The mayor and city council shall prescribe the form of the affidavit, and they shall have sufficient affidavits printed and available for the voters to execute on the date of the election. The mayor and city council shall set the date of such election for a day not less than thirty (30) nor more than

Page 4045

forty-five (45) days after the date of the issuance of the call. The mayor and city council 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 Gwinnett County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act extending the corporate limits of the City of Duluth be approved? 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 the City of Duluth. It shall be the duty of the mayor and city council 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 mayor and city council 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. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Exhibit A Notice of Intention to Apply for Local Legislation at the 1971 Session of the General Assembly of the State of Georgia. Notice is hereby given that legislation will be introduced in the present session of the General Assembly of the State of Georgia, which convened on the 2nd Monday in January, 1971, to amend the charter of the City of Duluth, as amended by extending the City Limits of said City to include additional territory and to embrace the same within the City Limits of the City of Duluth so that the City

Page 4046

Limits of Duluth shall be extended to include all that portion of Land Lot 293, of the 6th Land District, Gwinnett County, Georgia, lying southeast of the westerly side of the Southern Railroad right-of-way and south of the existing municipal boundary; all that portion of Land Lot 265 of the 6th Land District, Gwinnett County, Georgia southeast of the westerly side of the Southern Railroad right-of-way, south of the existing municipal boundary, west of the center line of Davenport Road (also known as Church of God Road), and north of the centerline of Creek Drive; that portion of Land Lot 266 of the 6th Land District, Gwinnett County, Georgia northeast of the center line of Creek Drive, southeast of the westerly side of the Southern Railroad right-of-way including the lands of Jack S. Tonge and the lands of Walt Tonge; that portion of Land Lot 262 of the 6th District, Gwinnett County, Georgia, lying north of the centerline of Creek Drive and west of the centerline of Davenport Road (also known as Church of God Road); to provide for a referendum; and to repeal conflicting laws. Notice given this 23rd day of January, 1971. City of Duluth, Georgia James M. Corley, Mayor Georgia, Gwinnett County. To Whom It May Concern: This is to certify that the legal notice attached hereto as Exhibit A has been published in the Gwinnett Daily News, the legal newspaper for Gwinnett County in which the Sheriff's advertisements are published. Said legal notice was published on the following dates, to wit: January 29, 1971; February 5, 1971; February 12, 1971. /s/ Robert O. Fowler Publisher Sworn to and subscribed before me, on the 16th day of January, 1971. /s/ Janice L. Bullock, Notary Public. (Seal). Approved April 10, 1971.

Page 4047

COMPENSATION TO MRS. BOB HOLLIS. No. 73 (House Resolution No. 134-385). A Resolution. Compensating Mrs. Bob Hollis; and for other purposes. Whereas, on March 27, 1969, a 1965 Dodge truck owned by the State Highway Department and operated by one of its employees, was being driven on State Highway 24, approximately 10 miles north of Milledgeville, Georgia; and Whereas, a rock fell from the truck and struck a 1963 Pontiac breaking its windshield; and Whereas, the 1963 Pontiac owned by Mrs. Bob Hollis was damaged in the amount of $120.23, and the damage was not, and cannot be, compensated by insurance; and Whereas, the accident occurred through no fault or negligence on the part of Mrs. Bob Hollis, so it is only fitting and proper that she be compensated for her loss. 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 $120.23 to Mrs. Bob Hollis as compensation as provided 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 against the State arising out of said occurrence. Approved April 14, 1971. CITY OF DULUTHCORPORATE LIMITS CHANGEREFERENDUM. No. 771 (House Bill No. 994). An Act to amend an Act creating a new charter for the City of Duluth, approved March 25, 1958 (Ga. L. 1958, p. 3148), so as to change the corporate limits of said

Page 4048

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 Duluth, approved March 25, 1958 (Ga. L. 1958, p. 3148), is hereby amended by adding following section 2, a new section, to be numbered section 2B, to read as follows: Section 2B. There shall be included in the corporate limits of the City of Duluth in addition to the area described in section 2, the following parcel of land: All that tract or parcel of land lying and being adjacent to the west and northwest municipal boundary of the City of Duluth, Georgia and lying partly in Land Lot 294 and 323 of the 6th Land District of Gwinnett County, Georgia and being fully described as follows: BEGINNING at a point where the southerly side of the right-of-way of Irvindale Road intersects the present City Limits of the City of Duluth and running thence westerly and northwesterly along the southerly side of the right-of-way of Irvindale Road a distance of One Thousand Six Hundred (1,600) feet, more or less, to a point on the Land Lot line common to Land Lots 322 and 323 of the 6th Land District, Gwinnett County, Georgia, which point is formed by the intersection of the southerly side of Irvindale Road with the Land Lot line common to Land Lots 322 and 323 of the 6th District, Gwinnett County, Georgia; running thence northwesterly along the Land Lot line common to Land Lots 322 and 323 of the 6th Land District, a distance of Two Thousand Three Hundred Thirty-nine (2,339) feet, more or less, to a point, which point is the corner common to Land Lot 325, 324, 323 and 322 of the 6th Land District of Gwinnett County, Georgia; running thence easterly along the Land Lot line common to Land Lot 324 and 323 of the 6th Land District, Gwinnett County, Georgia, a distance of One Thousand Four Hundred Twenty (1,420) feet, more or less, to a point formed by the intersection of the line common to Land Lots 324 and 323 of the

Page 4049

6th Land District, Gwinnett County, Georgia, with the center line of Georgia Highway 120; running thence southeasterly along the center line of Georgia Highway 120 a distance of Three Thousand Two Hundred Fifty (3,250) feet, more or less, to a point formed by the intersection of the center line of Georgia Highway 120 with the extension of the center line of Pine Street; running thence northeasterly along the center line of Pine Street a distance of Nine Hundred (900) feet, more or less, to a point formed by the intersection of the extension of the center line of Pine Street and the Land Lot line common to Land Lot 323 of the 6th Land District and Land Lot 244 of the 7th Land District, Gwinnett County, Georgia; running thence southeasterly along the Land Lot line common to Land Lot 323 of the 6th Land District and Land Lot 244 of the 7th Land District and along Land Lot 294 of the 6th Land District and Land Lot 203 of the 7th Land District a distance of Eight Hundred Fifty (850) feet, more or less, to a point on the existing municipal boundary formed by the intersection of the Land Lot line common to Land Lot 294 of the 6th Land District, Gwinnett County, Georgia, and Land Lot 203 of the 7th Land District, Gwinnett County, Georgia, with the existing municipal boundary; running thence westerly along the curvature of the existing boundary a distance of Two Thousand Eight Hundred Fifty (2,850) feet, more or less, to the point of beginning. This description is prepared with reference to the official tax map of Gwinnett County, Sheet No. 6-294 dated 1960 and Sheet No. 6-323 dated 1966, and said map and the records thereof in the office of the Tax Assessor of Gwinnett County are by reference incorporated herein. Section 2 . Not less than five (5) nor more than fifteen (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 mayor and city council of the City of Duluth to issue the call for an election for the purpose of submitting this Act to the voters of the area proposed to be annexed to the City of Duluth by the provisions of this Act for approval or rejection. Any person desiring to vote in the election provided herein shall execute an affidavit

Page 4050

stating that he is a registered voter of Gwinnett County and a resident of the area proposed to be annexed. The mayor and city council shall prescribe the form of the affidavit, and they shall have sufficient affidavits printed and available for the voters to execute on the date of the election. The mayor and city council shall set the date of such election for a day not less than thirty (30) nor more than forty-five (45) days after the date of the issuance of the call. The mayor and city council 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 Gwinnett County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act extending the corporate limits of the City of Duluth be approved? 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 the City of Duluth. It shall be the duty of the mayor and city council 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 mayor and city council 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. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Exhibit A Notice of Intention to Apply for Local Legislation at the 1971 Session of the General Assembly of the State of Georgia. Notice is hereby given that legislation will be introduced

Page 4051

in the present session of the General Assembly of the State of Georgia, which convened on the 2nd Monday in January, 1971, to amend the charter of the City of Duluth, as amended by extending the City Limits of said City to include additional territory and to embrace the same within the City Limits of the City of Duluth so that the City Limits of Duluth shall be extended to include all of Land Lot 294 of the 6th Land District, Gwinnett County, Georgia and all of Land Lot 323 west of the center line of Highway 120 and south of the center line of Pine Street in the 6th Land District, Gwinnett County, Georgia; to provide for a referendum; and to repeal conflicting laws. Notice given this 23rd day of January, 1971. City of Duluth, Georgia James M. Corley, Mayor Georgia, Gwinnett County. To Whom It May Concern: This is to certify that the legal notice attached hereto as Exhibit A has been published in the Gwinnett Daily News, the legal newspaper for Gwinnett County in which the Sheriff's advertisements are published. Said legal notice was published on the following dates, to wit: January 29, 1971; February 5, 1971; February 12, 1971. /s/ Robert O. Fowler Publisher Sworn to and subscribed before me, this the 16th day of January, 1971. /s/ Janice L. Bullock, Notary Public. (Seal). Approved April 10, 1971.

Page 4052

COMPENSATION TO D. N. ZOUMBERIS. No. 74 (House Resolution No. 137-401). A Resolution. Compensating Mr. D. N. Zoumberis; and for other purposes. Whereas, on May 15, 1970, a 1969 Ford Fairlane belonging to Mr. D. N. Zoumberis was legally parked on Student Center Road, 200 feet west of its intersection with Wheatley Street, in the city limits of Americus, Georgia; and Whereas, a 1967 El Camino pickup truck belonging to Georgia Southwestern College, and operated by one of its employees, backed into the right rear quarter panel of the vehicle of Mr. Zoumberis, causing damage in the amount of $150.54; and Whereas, said accident occurred through no fault or negligence on the part of Mr. Zoumberis, 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 Board of Regents is hereby authorized and directed to pay to Mr. D. N. Zoumberis the sum of $94.38. Said sum shall be paid from funds appropriated to or available to the Board of Regents and shall be in full and complete satisfaction of all claims arising out of said occurrence. Approved April 14, 1971. WALTON COUNTY BOARD OF COMMISSIONERSSALARY CHANGES, ETC. No. 773 (House Bill No. 1077). An Act to amend an Act creating a Board of Commissioners

Page 4053

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), an Act approved March 24, 1965 (Ga. L. 1965, p. 2447), and an Act approved February 26, 1969 (Ga. L. 1969, p. 2051), so as to change the compensation of the chairman and other commissioners; to change their duties; to provide the chairman with an automobile; 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), an Act approved March 24, 1965 (Ga. L. 1965, p. 2447), and an Act approved February 26, 1969 (Ga. L. 1969, p. 2051), is hereby amended by striking section 14 in its entirety and inserting in lieu thereof a new section 14, to read as follows: Section 14. (a) Be it further enacted by the authority aforesaid that the chairman of said board shall receive as his compensation the sum of twelve thousand dollars per annum, payable monthly out of the county funds on his own warrant signed also by the clerk of said board. (b) The four other members of said board shall receive as their compensation the sum of $200.00 per month, payable out of the county funds on the warrant of the chairman of said board signed also by the clerk of said board. (c) 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 on matters over $500.00. All contracts over $500.00 shall be approved and signed by a majority vote of said board before they are entered into. All purchases under five hundred ($500.00) dollars may be made by the chairman at his discretion. The chairman may purchase items costing less than $500.00 without the necessity of securing

Page 4054

competitive bids. Except as provided above, the full board is hereby vested with complete authority and control over all county matters. (d) 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. (e) 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, and all votes taken by the board, shall be listed and entered upon the minutes of said board. (f) The chairman shall be furnished, at the county expense, an automobile for his use. The expense of operating and maintaining said automobile shall be borne by Walton County. Section 2 . This Act shall become effective on July 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 1971 session of the General Assembly of Georgia a bill to provide for a change in the compensation of the office of the Commissioner of Roads and Revenue of Walton County, Georgia and each District Commissioner

Page 4055

and the clerical assistance for said office; to provide for an effective date of said act; and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin W. 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: January 6, 13 and March 3, 1971. /s/ Marvin W. Sorrells Representative, 24th District Sworn to and subscribed before me, this 6th day of March, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 10, 1971. COMPENSATION TO LILLIAN LOUISE COUCH. No. 75 (House Resolution No. 139-425). A Resolution. Compensating Lillian Louise Couch; and for other purposes. Whereas, on October 14, 1970, the 1964 Dodge automobile of Lillian Louise Couch was damaged when a motor vehicle belonging to the Georgia Highway Patrol, and

Page 4056

being operated by an employee thereof ran into the rear of Mrs. Couch's automobile, causing damage in the amount of $625.00; and Whereas, said accident occurred on Hickory Level Road (Georgia Highway 61) near its intersection with Hullett Road in Carroll County; and Whereas, said accident occurred through no fault or negligence of Mrs. Couch, so it is only fitting and proper that she be reimbursed for her loss. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Public Safety is hereby authorized and instructed to pay the sum of $625.00 to Mrs. Lillian Louise Couch as compensation for damages arising out of the above described occurrence. Said sum shall be paid from the funds appropriated to or available to the Department of Public Safety, and shall be in full and complete satisfaction of all claims against the State of Georgia arising out of said occurrence. Approved April 14, 1971. CRIMINAL COURT OF FULTON COUNTYSALARY INCREASES FOR CERTAIN ASSISTANTS TO THE SOLICITOR GENERAL. No. 774 (Senate Bill No. 167). An Act to fix the salary of the First Assistant Solicitor, the Assistant Solicitors and the Special Assistant to the Solicitor General of the Criminal Court of Fulton County; to provide the procedures connected therewith; to provide for an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . Notwithstanding any other provisions of any

Page 4057

law to the contrary, the annual compensation of the First Assistant Solicitor of the Criminal Court of Fulton County for his services as such shall be $19,000.00 per annum. First Assistant Solicitor's salary. Section 2 . Notwithstanding any other provisions of law to the contrary, the annual compensation of the Assistant Solicitors and the Special Assistant to the Solicitor General of the Criminal Court of Fulton County shall be not less than $12,000.00 per annum and not more than $18,000.00 per annum, the amounts of such salaries between such limitations to be fixed by the Solicitor General of the Criminal Court of Fulton County. Other Solicitors' salaries. Section 3 . The salaries provided for in sections 1 and 2 for said First Assistant Solicitor, the Assistant Solicitors and the Special Assistant to the Solicitor of the Criminal Court of Fulton County shall be paid from the funds of Fulton County in monthly installments or at such other times as the fiscal authorities of Fulton County shall direct. Section 4 . The effective date of this Act shall be July 1, 1971. Effective date. Section 5 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation Affecting the Criminal Court of Fulton County. Notice is hereby given of intention to apply for local legislation at the next regular session of the General Assembly of the State of Georgia, which will convene on the 12th day of January, 1971, by amending the Act creating the Criminal Court of Fulton County, formerly the Criminal Court of Atlanta, and Acts amendatory thereto. (Acts 1890-91, pp. 935 et seq.), so as to provide that the number of persons consisting of a jury in said court shall be increased from five to six from a panel of twelve persons, the defendant to have three strikes, the remaining six persons to compose the jury. Also, that said laws be amended to provide increases in

Page 4058

the annual salaries of the Solicitor-General and the Assistant Solicitors of the said court, and for other purposes. This, the 11th day of December, 1970. Hinson McAuliffe Solicitor General Criminal Court of Fulton County. Georgia, Fulton County. 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 proper on the 14, 21, 28 days of December, 1970. /s/ Mildred N. Lazenby Subscribed and sworn to before me, this 22nd day of January, 1971. /s/ Maiodis F. Palmer Notary Public, Georgia State at Large. My Commission Expires Jan. 19, 1972. Approved April 10, 1970. COMPENSATION TO JAMES E. PRICE. No. 77 (House Resolution No. 167-482). A Resolution. Compensating Mr. James E. Price; and for other purposes. Whereas, on or about January 7, 1971, Mr. James E. Price of Akron, Ohio, was driving his automobile in the

Page 4059

300 block of Oglethorpe Avenue in Albany, Georgia, when an automobile in front of his stopped; and Whereas, Mr. Price was able to apply his brakes soon enough to avoid colliding with said automobile which had stopped in front of his, but an automobile behind his, which was owned by the Department of Public Safety and being driven by Mr. R. F. Culpepper, an employee of said Department, failed to stop and collided with Mr. Price's automobile from the rear; and Whereas, said accident occurred because the automobile being driven by Mr. Culpepper was following too closely; and Whereas, said accident caused damage to the automobile owned by Mr. Price in the amount of $226.82 for which he has not been and cannot be compensated by insurance; and Whereas, said accident occurred through no fault or negligence whatsoever on the part of Mr. Price, and it is only just and proper that he be compensated for the property damage sustained by him as a result of said accident. 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 $226.82 to Mr. James E. Price as compensation as provided 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 against the State arising out of said occurrence. Approved April 14, 1971.

Page 4060

CITY OF THOMASTONCORPORATE LIMITS CHANGED. No. 775 (Senate Bill No. 191). An Act to amend an Act creating a new charter for the City of Thomaston, approved March 15, 1933 (Ga. L. 1933, p. 1070), as amended, so as to change and extend the present corporate limits of said City and to describe the new territory becoming a part of the said City of Thomaston; 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 Thomaston, approved March 15, 1933 (Ga. L. 1933, p. 1070), as amended, is hereby amended by adding at the end of section 4 the following: All that certain tract or parcel of land, situate, lying and being in Land Lot No. 227 of the 10th Land District of Upson County, Georgia, shown and designated on that certain plat of survey, a copy of which is of record in Plat Book 1, page 35, in the Office of the Clerk of the Superior Court of Upson County, Georgia, reference to which plat, as so recorded, is here made in aid of this description. Said tract is more particularly described according to said plat as follows, to-wit: BEGINNING at the point where the municipal corporate limits of the City of Thomaston, Georgia, intersects the North side of West Main Street (which point is located 20.4 feet from the center line of West Main Street) and running thence Westerly and Northwesterly along the North-east side of West Main Street and the branch of West Main Street that connects into Gordy Mill Road along a line 20.0 feet from the center line of said road a distance of 113.1 feet; thence Easterly along a straight line 3 feet South of and parallel to the South side of the Old King Thurston Lumber Company office building a distance of 75.4 feet; and thence Southerly, in a straight line, a distance of 75.9 feet to the point of beginning.

Page 4061

All that certain tract or parcel of land, situate, lying and being in Land Lots No. 183, 184, 191 and 192 of the 10th Land District of Upson County, Georgia shown and designated on that certain plat of survey, a copy of which is of record in Plat Book 5, page 308, in the Office of the Clerk of the Superior Court of Upson County, Georgia, reference to which plat, as so recorded, is here made in aid of this description. Said tract of land is more particularly described by reference to said plat as follows, to-wit: BEGINNING at the point of intersection of the South right of way line of State Highway No. 74 and the original municipal corporate limit line of the City of Thomaston, Georgia, (which original corporate limit line is located on the arc of a circle with a radius of 3960 feet and with the center of said circle being the spire of the Upson County Courthouse) and run thence South 89 degrees 04 minutes 41 seconds East 146.09 feet; thence North 89 degrees 06 minutes 19 seconds East 2089.26 feet; thence Easterly along the arc of a curve to the left (said curve having a radius of 6415.80 feet) an arc distance of 73.17 feet; thence South 2 degrees 16 minutes 06 seconds West 2338.17 feet; thence North 57 degrees 00 minutes 47 seconds West 93.73 feet; thence North 53 degrees 33 minutes 47 seconds West 293.98 feet; thence North 51 degrees 09 minutes 47 seconds West 277.13 feet; thence North 47 degrees 16 minutes 47 seconds West 292.56 feet; thence North 47 degrees 09 minutes 47 seconds West 287.00 feet; thence North 56 degrees 00 minutes 47 seconds West 202.41 feet; thence North 74 degrees 24 minutes 17 seconds West 199.43 feet; thence North 82 degrees 48 minutes 17 seconds West 289.87 feet; thence North 84 degrees 44 minutes 47 seconds West 286.28 feet; thence North 87 degrees 08 minutes 17 seconds West 291.44 feet; thence North 88 degrees 53 minutes 17 seconds West 213.46 feet to a point on said original circular municipal corporate limit line of said City of Thomaston (which point is South 72 degrees 40 minutes 39 seconds East 3960.00 feet from the spire of the Upson County Courthouse); and run thence Northerly along the arc of said original municipal corporate limit line an arc distance of 1282.93 feet to the point of beginning.

Page 4062

Section 2 . All powers, immunities, and authority of the said City of Thomaston under its charter and ordinances, and all laws appertaining to said City as a municipality, are hereby extended over and made effective in every part of the territory included within the limits above described. 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, 1971, 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 4th day of January, 1971. /s/ D. Marvin Adams Post No. 1, Representative in the General Assembly for the 39th House District of Georgia /s/ J. R. Smith Post No. 2, Representative in the General Assembly for the 39th House District of Georgia /s/ Turner R. Scott Senator, 17th Senatorial District of Georgia Georgia, Upson County. Before me, the undersigned officer authorized to administer oaths, personally appeared S. J. Carswell, who, on oath says that he is 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

Page 4063

County, Georgia, are published, who certifies that legal notice, a true copy of which is hereto attached, being a notice of intention to apply for local legislation, was duly published in The Thomaston Times once a week for three (3) weeks as required by law, said dates of publication being January 7, 1971, January 14, 1971, and January 21, 1971. /s/ S. J. Carswell Sworn to and subscribed before me, this 25th day of January, 1971. /s/ Ronald Barfield, Notary Public, Upson County, Georgia. My commission expires 1/14/73. Approved April 10, 1971. COMPENSATION TO E. L. O'NEAL. No. 78 (House Resolution No. 170-507). A Resolution. Compensating E. L. O'Neal; and for other purposes. Whereas, on December 1, 1969, the 1966 Buick automobile owned by E. L. O'Neal was damaged when a motor vehicle belonging to the Georgia Institute of Technology, being operated by Ted Wright, an employee thereof, rolled back into Mr. O'Neal's automobile; and Whereas, said occurrence took place on the Uncle Heine Way at the Knowles Building; and Whereas, Mr. O'Neal has suffered damages in the amount of $100.00; and Whereas, the accident occurred through no fault or

Page 4064

negligence on the part of Mr. O'Neal and it is only just and proper that he be compensated for his loss. Now, therefore, be it resolved by the General Assembly of Georgia that the Board of Regents is hereby authorized and directed to pay the sum of $100.00 to E. L. O'Neal as compensation as provided above. Said sum shall be paid from funds appropriated to or available to the Board of Regents and shall be in full and complete satisfaction of all claims against the State of Georgia arising out of said occurrence. Approved April 14, 1971. CARROLL COUNTY SHERIFF'S COMPENSATION CHANGED. No. 776 (Senate Bill No. 263). An Act to amend an Act placing the sheriff of Carroll County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2555), 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 Carroll County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2555), is hereby amended by striking section 2 in its entirety and by inserting in lieu thereof a new section 2 which shall read as follows: Section 2. The annual salary of the sheriff of Carroll County shall be $11,500.00. Section 2 . This Act shall become effective January 1, 1973. Effective date.

Page 4065

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 1970 session of the General Assembly of Georgia, a bill to amend the Act creating a City Court of Carrollton, now known as the State Court of Carroll County, as amended, so as to change the compensation of the judge of said court; to change the compensation of the sheriff, the clerk and the solicitor of said court from a fee to a salary basis; and for other purposes. This 23rd day of December, 1970. /s/ J. E. Bohannon /s/ Lamar R. Plunkett /s/ John K. Patterson Georgia Carroll County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Carroll County Georgian legal organ for Carroll County. The following dates, to-wit: December 24, 1970, December 31, 1970, January 7, 1971, January 14, 1971. Sworn to on the 5th day of February, 1971. /s/ Stanley Parkman Publisher Sworn to and subscribed to before me, on the 5th day of February, 1971. /s/ Beatrice M. Parker Notary Public. Approved April 10, 1971.

Page 4066

COMPENSATION TO MRS. VERA INGLE. No. 79 (House Resolution No. 175-526). A Resolution. Compensating Mrs. Vera Ingle; and for other purposes. Whereas, on October 1, 1970, Mrs. Vera Ingle was driving north on U. S. Highway 41, approximately one mile north of the limits of Cartersville, Bartow County, Georgia, in her 1968 Chevrolet; and Whereas, a 1965 Ford Pickup mower owned by the State Highway Department, and operated by one of its employees, threw a rock against Mrs. Vera Ingle's Chevrolet and broke the windshield of the car; and Whereas, Mrs. Vera Ingle has paid $118.00 to replace the windshield, and the cost of replacing the windshield has not been, nor cannot be, compensated by insurance; and Whereas, the accident occurred through no fault or negligence on the part of Mrs. Vera Ingle, so it is only fitting and proper that she be reimbursed for her loss. 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 $118.00 to Mrs. Vera Ingle as compensation as provided 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 against the State arising out of said occurrence. Approved April 14, 1971.

Page 4067

SMALL CLAIMS COURT CREATED FOR CERTAIN COUNTIES (8,750-8,950). No. 777 (House Bill No. 770). An Act creating a Small Claims Court in each county in this State having a population of not less than 8,750 and not more than 8,950 according to the United States Decennial Census of 1970 or any future such census; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such small claims court; to prescribe the jurisdiction, the pleading, practice and service of process therein; to provide for a clerk and his remuneration; to validate acts and proceedings therein; 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 . There is hereby created and established in each county in this State having a population of not less than 8,750 and not more than 8,950 according to the U. S. Decennial Census of 1970 or any future such census, and including the County of Turner, a court known as a Small Claims Court, which Court shall have civil jurisdiction in cases at law in which the demand or damages claimed or value of the property involved does not exceed five hundred dollars ($500.00), said jurisdiction to be countywide and to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said counties. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, also all the powers granted to justices of the peace by the laws of the State of Georgia, except the power to issue criminal warrants. Creation. Jurisdiction. Section 2 . The judge of such court shall be appointed from among the citizens of such county by the county Grand Jury first convening after the 1st day of January in each year, beginning January 1st, 1972, and shall hold office for one year thereafter or until he is reappointed or

Page 4068

relieved by the county Grand Jury first convening after the 1st day of January of the following year, except that the judge first appointed under this Act shall be appointed by the county Grand Jury first convening after the adoption and approval of this Act. Judge. 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 the county or any judge of a State Court located in said county, on application of any party 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. Absence. 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. 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 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 circuit courts; or by registered mail of certified

Page 4069

mail with return receipt; 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 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 Postal Service 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 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 the 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 this 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 the service of said notice; provided, however, that where service is made by registered

Page 4070

mail 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 . 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 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 of attachment, garnishment, trover, statutory foreclosures on personalty, and replevin by possessory warrant, shall be ten dollars ($10.00); 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 seven dollars and fifty cents ($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 a 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 case at his discretion. Costs. Section 9 . 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 ten dollars ($10.00) for every such claim case. The same practice and procedure shall apply in cases of affidavits of illegality. 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

Page 4071

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 in said proceeding. Claim affidavit. Cost. Jury trial. Section 10 . (a) On that 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 differences without a trial, he shall proceed with the hearing on the merits. Trial. (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 11 . 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 12 . 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

Page 4072

to stay the entry of judgment, and to stay executions, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Partial payment, of judgments. Section 13 . 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. Rules. Section 14 . The judge of such 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 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. 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 defendant having three

Page 4073

strikes each. The judge or clerk shall have the power to subpoena jurymen and witnesses. Jury trials. Section 16 . Judgments of Small Claims Court shall be come 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. Judgment lien. Section 17 . Appeals may be had from judgments returned in a 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. Appeals. Section 18 . 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 Statement of Claim

Page 4074

Notice.

Page 4075

Section 19 . All Acts performed by the judge or clerk and all proceedings had before the Small Claims Court in counties of this State having a population of not less than 8, 750 and not more than 8,950 according to the United States Decennial Census of 1970 or any future such census, are hereby validated. Section 20 . Each judge appointed under the provisions of this Act shall be exempt from jury duty of the superior court and the State court of said county. Section 21 . All forms, docket books, file jackets, filing cabinets and the like, required by this Act shall be furnished by the county commissioners. Section 22 . The State Librarian is hereby authorized and directed to furnish the Small Claims Courts established hereby, without cost to the court or the county, an up-to-date annotated Code of Georgia and continuing supplements thereto, and all volumes of Georgia Laws, beginning with the Laws of 1970, and if for any reason the State Librarian cannot furnish such books, the Governor is hereby authorized to draw his warrant on the State Treasury for the amount required to purchase them, from any funds available. Books. Section 23 . Such Small Claims Courts having no designated terms at stated periods, the judge thereof shall in

Page 4076

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 or 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. Terms. Section 24 . 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 United States postal authorities marked refused, giving the date of refusal and be signed or initialed by the United States Postal Service 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 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. Section 25 . The judge of a Small Claims Court shall

Page 4077

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 26 . 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 percent (10%) on the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of three dollars ($3.00). Bailiff's fees. Section 27 . If any word, phrase, sentence, section or part of this Act is declared unconstitutional, the remainder shall remain in full force and effect. Severability. Section 28 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1971. COMPENSATION TO MARGIE BRYANT WILLIAMS. No. 80 (House Resolution No. 180-578). A Resolution. Compensating Margie Bryant Williams; and for other purposes. Whereas, on or about October 24, 1970, the 1960 Valiant automobile of Margie Bryant Williams was involved in a collision with a motor vehicle belonging to the Department of Public Safety and being operated by Alonza D. Mathis, an employee thereof; and Whereas, said collision occurred at the intersection of Ga. 73 and U.S. 301 bypass, approximately 800 feet north of the city limits of Sylvania, Georgia; and

Page 4078

Whereas, said collision occurred when the Department of Public Safety vehicle struck the rear of Mrs. Williams' automobile; and Whereas, said collision damaged said vehicle requiring Mrs. Williams to expend the sum of $225.24 to repair said damages; and Whereas, said collision injured Mrs. Williams requiring her to incur medical expenses in the amount of $51.55. 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 $276.79 to Margie Bryant Williams as compensation as provided above. Said sum shall be paid from funds approrpiated to or available to said Department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 14, 1971. CERTAIN PUBLIC FUNDS MAY BE TURNED OVER TO COUNTY TREASURER FOR INVESTMENT. (100,000 - 150,000). No. 779 (House Bill No. 811). An Act to authorize holders of public funds and clerks of court of certain counties who have monies deposited in the registry of their court to turn over such funds to the county treasurer or to the person performing the duties of county treasurer for investment; to define the circumstances under which such transfers may be made; to provide for repayment of such sums by the county treasurer or by the person performing the duties of the county treasurer; to provide for the disposition of income from such transferred funds; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 4079

Section 1 . In all counties of the State having populations of not less than 100,000 and not more than 150,000, according to the 1970 United States Decennial Census or any such future census, any person who is the holder of public funds including ordinaries and clerks of the several courts who have sums on deposit in the registry of their court, is hereby authorized to transfer such funds to the county treasurer or other official county fiscal authority if there is no county treasurer, where it is contemplated that such funds will not be required to be disbursed by such officers, courts and clerks for a period of thirty days. The receipt of the county treasurer or other official county fiscal authority shall constitute a full acquittance to such officer or court making such deposit. Section 2 . Upon receipt of any such sums, the county treasurer or said fiscal authority shall forthwith invest such sums so transferred to him in the same manner as other funds of the county are invested. Section 3 . At any time, and upon fifteen days notice, upon the demand of the officer, court or clerk making such deposit, the county treasurer or said fiscal authority shall repay to such officer, court or clerk, such sums as such officer, court or clerk shall deem necessary to comply with any court order, or for disbursement otherwise according to law. Section 4 . All income derived from the investments transferred to a county treasurer or said fiscal authority under the provisions of this Act shall be the property of the county, and covered by the county treasurer or the said fiscal authority into the general treasury of the county. 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. Approved April 12, 1971.

Page 4080

ACT CREATING CERTAIN EMERITUS OFFICES AMENDED TO SHOW POPULATION CHANGE. (165,000 - 185,000). No. 780 (House Bill No. 913). An Act to amend an Act providing for the creation of certain emeritus offices in certain counties, approved March 4, 1964 (Ga. L. 1964, p. 2427), so as to change certain of the population figures and census contained therein; 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 creation of certain emeritus offices in certain counties, approved March 4, 1964 (Ga. L. 1964, p. 2427), is hereby amended by striking from section 1 the following: having a population of not less than 150,000 and not more than 175,000, according to the United States Census of 1960, or any future United States Census., and substituting in lieu thereof the following: having a population of not less than 165,000 and not more than 185,000 according to the U. S. decennial census of 1970 or any such future census. 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. Approved April 12, 1971.

Page 4081

COMPENSATION TO JOHN H. RAWLINGS. No. 82 (House Resolution No. 193-658). A Resolution. Compensating John H. Rawlings; and for other purposes. Whereas, on or about June 4, 1970, the 1966 Buick automobile of Mr. John H. Rawlings was damaged when a motor vehicle belonging to the Central State Hospital and being operated by John Robert Owens, an employee thereof, backed into the left rear fender of Mr. Rawlings' automobile as it was parked upon the grounds of the Central State Hospital; and Whereas, Mr. Rawlings was required to expend the sum of $75.00 in order to repair said damages. 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 $75.00 to Mr. John H. Rawlings as compensation as provided 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 against the State arising out of said occurrence. Approved April 14, 1971. BANKS COUNTY BOARD OF COMMISSIONERSCHAIRMAN'S SALARY CHANGED. No. 783 (House Bill No. 1008). An Act to amend an Act creating a board of commissioners of Banks County, approved August 19, 1916 (Ga. L. 1916, p. 349), as amended, so as to change the compensation

Page 4082

of the chairman of 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 Banks County, approved August 19, 1916 (Ga. L. 1916, p. 349), as amended, is hereby amended by striking from section 8 the following: $200.00 per month and inserting in lieu thereof the following: $5,000.00 per year, so that when so amended section 8 shall read as follows: Section 8. The chairman of said board shall receive a salary of $5,000.00 per year and the other two members of said board shall receive a salary of $100.00 per month. The chairman of said board shall receive an annual expense allowance of $1,000.00 payable in equal monthly installments and the other two members of said board shall receive an annual expense allowance of $500.00 payable in equal monthly installments. Said sums shall be paid from the funds of Banks County. The chairman and other members of said board shall receive no other or further compensation or expenses for their services as members of the board, but upon a motion duly made and adopted by the board, the chairman or any other members may be compensated for any work done for the county not in their capacity as chairman or a member and the amount of such compensation shall be the same as the regular rate paid to county employees for such work. 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

Page 4083

the regular 1971 session of the General Assembly of Georgia a bill to change the salary of the chairman of the board of commissioners of Banks County and for other purposes. This second day of February, 1971. B. B. Coffee, Member Lester Kennedy, Member Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. 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 Jackson County Herald which is the official organ of Banks County, on the following dates: February 10, 17, 24, 1971. /s/ W. D. Milford Representative, 12th District Sworn to and subscribed before me, this 3rd day of March, 1971. /s/ Rebecca Faulkner Notary Public, Georgia State at large. My Commission Expires Dec. 13, 1974. (Seal). Approved April 12, 1971. ACT CREATING ELECTRICAL EXAMINING BOARDS IN CERTAIN COUNTIES AMENDED TO SHOW POPULATION CHANGES. (22,320-22,800). No. 793 (House Bill No. 801). An Act to amend an Act authorizing the governing authorities of certain counties to create electrical examining

Page 4084

boards, approved March 4, 1970 (Ga. L. 1970, p. 2285), so as to change certain of the population figures and census contained therein; 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 the governing authorities of certain counties to create electrical examining boards, approved March 4, 1970 (Ga. L. 1970, p. 2285), is hereby amended by striking from section 1 the following: having a population of not less than 13,300 and not more than 13,600 according to the 1960 United States decennial census or any such future census,, and substituting in lieu thereof the following: having a population of not less than 22,320 and not more than 22,800 according to the U. S. decennial census of 1970 or any such future census,. 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. Approved April 13, 1971. ACT PROVIDING FOR BUILDING CODES, ETC., IN CERTAIN COUNTIES AMENDED TO SHOW POPULATION CHANGE. (50,000-50,650). No. 794 (House Bill No. 897). An Act to amend an Act authorizing the governing authority of certain counties to provide for building codes and

Page 4085

other codes, approved March 8, 1957 (Ga. L. 1957, p. 2816), as amended, particularly by an Act approved March 7, 1961 (Ga. L. 1961, p. 2364), so as to change the population and census figures; 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 the governing authority of certain counties to provide for building codes and other codes, approved March 8, 1957 (Ga. L. 1957, p. 2816), as amended, particularly by an Act approved March 7, 1961 (Ga. L. 1961, p. 2364), is hereby amended by striking from section 1 of said Act the following: 39,500 and not more than 42,000, according to the United States Census of 1960, and by inserting in lieu thereof the following: 50,000 and not more than 50,650, according to the United States Decennial Census of 1970, so that, when so amended, section 1 shall read as follows: Section 1. From and after the passage of this Act, the ordinary, commissioners of roads and revenues or other governing authorities of all counties having a population of not less than 50,000 and not more than 50,650, according to the United States Decennial Census of 1970, or any future census, are hereby authorized and empowered to make, adopt, alter, amend, change, repeal, and prescribe building codes, rules and regulations concerning, affecting or relating to the construction, erection, equipment, alteration, repair, changing or removal of buildings, dwellings, houses and any structure whatsoever located outside the corporate limits of any municipality in said counties, including codes, rules and regulations relating to plumbing, electrical work and all matters included or embraced in the erection, construction, equipment, alteration, repair, changing or removal of buildings, houses or any structure of any kind.

Page 4086

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. Approved April 13, 1971. ACT CREATING BOARD OF ELECTIONS IN CERTAIN COUNTIES AMENDED TO SHOW POPULATION CHANGES. (165,000-185,000). No. 795 (House Bill No. 904). An Act to amend an Act relating to the creation of a board of elections in certain counties, approved March 19, 1970 (Ga. L. 1970, p. 2896), so as to change certain of the population figures and census contained therein; 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 relating to the creation of a board of elections in certain counties, approved March 19, 1970 (Ga. L. 1970, p. 2896), is hereby amended by striking from section 1 the following: having a population of not more than 155,000 and not less than 185,000 according to the 1960 United States decennial census and any future such census,, and substituting in lieu thereof the following: having a population of not more than 165,000 and not less than 185,000 according to the U. S. decennial census of 1970 or any such future census.

Page 4087

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. Approved April 13, 1971. ACT FIXING SALARIES OF JUVENILE COURT JUDGES IN CERTAIN COUNTIES AMENDED TO SHOW POPULATION CHANGES. (165,000-185,000). No. 796 (House Bill No. 907). An Act to amend an Act fixing the salaries of juvenile court judges in certain counties, approved March 3, 1964 (Ga. L. 1964, p. 2375), so as to change certain of the population figures and census contained therein; 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 juvenile court judges in certain counties, approved March 3, 1964 (Ga. L. 1964, p. 2375), is hereby amended by striking from section 1 the following: having a population of not less than 150,000 and not more than 175,000, according to the United States Census of 1960, or any future United States census,, and substituting in lieu thereof the following: having a population of not less than 165,000 and not more than 185,000, according to the U. S. decennial census of 1970 or any such future census,.

Page 4088

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. Approved April 13, 1971. ACT PROVIDING FOR USE OF VOTING MACHINES IN CERTAIN COUNTIES AMENDED TO CHANGE POPULATION FIGURES. (19,500-20,500). No. 797 (House Bill No. 932). An Act to amend an Act providing for the use of voting machines in all elections in certain counties, approved March 11, 1964 (Ga. L. 1964, p. 2864), so as to change the applicability of said Act to different counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for the use of voting machines in all elections in certain counties, approved March 11, 1964 (Ga. L. 1964, p. 2864), is hereby amended by striking from section 1 the following: 18,150 nor more than 18,450, according to the 1960, and by inserting in lieu thereof the following: 19,500 nor more than 20,500, according to the 1970. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1971.

Page 4089

WATER AUTHORITIES FOR CERTAIN COUNTIES CREATED. (4,000-4,575). No. 800 (House Bill No. 1082). An Act to create water authorities for certain counties of this State; to authorize such authorities to acquire, construct, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations; to authorize such authorities to acquire, construct, operate, and maintain 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 such authorities; to provide for the membership and for the appointment of members of such authorities and their tenure of office and compensation; to authorize such authorities 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 such authorities payable from the revenues, tolls, fees, charges and earnings of such authorities and to pay the cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of such authorities 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 against the counties wherein such authorities operate shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of such authorities exempt from taxation; to provide for such authorities to condemn property of every kind; to authorize the issuance of refund bonds; to fix the venue or jurisdiction of sections relating to any provisions of this Act and to provide that such bonds be validated; to provide for severability; to provide

Page 4090

an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Water Authorities in Certain Counties . In accordance with the provisions of this Act, there shall be a water authority in all counties of this State having a population of not less than 4,000 or more than 4,575 according to the United States decennial census of 1970 or any future such census. Section 2. Creation of Water Authorities . (a) Within each of the counties described in section 1 of this Act, there is hereby created a body corporate and politic to be known as the(name of applicable county) County Water Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, title, and style 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. (b) Any such Authority shall initially consist of five members appointed by the governing authority of its respective county. Said members shall be residents of such county who reside outside the corporate limits of any municipality located therein. Such members shall be appointed for initial terms of 1, 2, 3, 4 and 5 years, and thereafter their successors shall be elected, as hereinafter provided, for terms of 5 years and until their successors are appointed and qualified. As terms of the first members expire, the users of the facilities of such Authority within the areas served by such Authority shall elect their successors by a majority vote of their total number. All such successors shall be users of the facilities of the Authority. (c) Immediately after their appointment, the members of such Authority shall 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,

Page 4091

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 appointed and qualified. Three members of the Authority shall constitute a quorum. (d) 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 appoint a person meeting the qualifications above set out to serve for the unexpired term. (e) No vacancy on the Authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the Authority. (f) The chairman of the Authority shall not be entitled to vote upon any issue, motion, or resolution, except in the case of a tie vote of the other members voting on said motion, resolution, or question. (g) 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. Section 3. Definitions . As used in this Act, the following words and terms shall have the following meanings: (a) The word Authority shall mean any Water Authority created by 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, 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 the Authority's respective county and

Page 4092

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 boundaries of the Authority's respective 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 all 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 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 bonds as defined and provided for in the Revenue Bond Law of Georgia (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

Page 4093

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; (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, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights of easements therein, or franchises necessary or convenient for its corporate purposes, and to use the name so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or incumbrance 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 payment to the State Treasurer for the credit of the

Page 4094

general funds of the State, 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 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 and related services and facilities by the Authority to such municipal corporations and counties for a term not exceeding fifty (50) years; (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 and/or 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 terms and conditions as the United States of America or such agency or instrumentality may require;

Page 4095

(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, in a sum not to exceed four million ($4,000.00) dollars outstanding at any one time, 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 six percent (6%) per annum, payable at such time or times, shall mature at such time or times not exceeding thirty (30) years from their date or dates, or at such times exceeding thirty (30) years as may hereafter be authorized by the bonding laws of the State of Georgia, shall be payable in such medium of payment as to both principal and interest as may be redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution for the issuance of bonds. Section 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

Page 4096

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 . 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 the official seal of the Authority shall be affixed thereto and attached by the Secretary of the Authority and any coupons attached thereto shall bear the signature or facsimile signature of the Chairman of the Authority. Any coupon may bear the facsimile signature of such persons and any bond may be signed, sealed, and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. 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 negotiable instrument laws of this State. Such 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 interests of the Authority, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefore at more than six percent (6%) per annum, computed with relation to the absolute maturity of the bonds in accordance

Page 4097

with standard tables of bond values, excluding, however, from such computation, the amount of any premium to be paid on redemption of any bond prior to maturity. 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. Conditions precedent to issuance; object of issuance . Such revenue bonds may be issued without any other proceedings, or the happening of any conditions or things other than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds

Page 4098

under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. Section 14. Credit not pledged . Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt against the Authority's respective county or a pledge of the faith and credit of such 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 such 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 monies, 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 therefore, 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

Page 4099

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 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

Page 4100

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 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. 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

Page 4101

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 the Authority's respective county, 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 of 1937, as 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 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

Page 4102

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 provision 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, 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 . (a) Without limiting the generality of any provisions 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 the water system of the Authority's respective county and to the various townships and citizens in such 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. (b) The Authority shall also have the authority, where it deems it feasible, to sell its products and services to consumers, governmental agencies, or governmental instrumentalities of adjoining states, provided the laws of the adjoining state do not prohibit or tax said activity. 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

Page 4103

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. 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 27. 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 28. 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 29. Effect of partial invalidity of Act . The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 30. Effective date . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Page 4104

Section 31 . This Act does not in any way take from any county covered by this Act or any municipality located therein or any adjoining county the authority to own, operate and maintain water or sewer systems or issue revenue bonds as provided by the Revenue Bond Law of Georgia. Section 32 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1971. CITY OF ATLANTA CHARTER COMMISSION CREATED. No. 804 (House Bill No. 330). An Act to create the City of Atlanta Charter Commission; to provide for the membership of said Commission; to provide for the organizational meeting of the Commission; to provide for the election of officers; to provide for filling vacancies; to provide for the adoption of bylaws and rules and regulations; to provide for the compensation and reimbursement of expenses of members of the Commission; to provide for an executive director and other personnel of the Commission; to provide for the employment of legal counsel and for contracting with consulting firms; to provide for a budget for the Commission; to provide that the funds necessary for the operation of the Commission shall come from the funds of the City of Atlanta; to provide that the Commission shall have the duty and responsibility of completely revising the charter of the City of Atlanta; to provide for public hearings; to provide for the presentation of the proposed charter; to provide for the abolishment of the Commission; 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 . (a) The City of Atlanta Charter Commission

Page 4105

is hereby created. The Commission shall be composed of 27 members as follows: (1) The members of the House of Representatives from Districts 95 through 116 shall hold a meeting at the State Capitol, and by a majority vote of their total number, shall elect 6 members of the Commission, three of whom shall be from their own number and the remainder shall be residents and qualified voters of the City of Atlanta. (2) The members of the Senate from Districts 34 through 40 and the members from Districts 42, 43 and 56 shall hold a meeting at the State Capitol, and by a majority vote of their total number, shall elect 6 members of the Commission, three of whom shall be from their own number and the remainder shall be residents and qualified voters of the City of Atlanta. (3) The Mayor of the City of Atlanta shall appoint 4 members of the Commission, all of whom shall be residents and qualified voters of the City of Atlanta. (4) The two aldermen from each of the nine wards of the City of Atlanta shall jointly appoint one member of the Commission for each ward, and the members so appointed shall be residents and qualified voters of their respective wards. (5) The Board of Education of the City of Atlanta, by a majority vote of their total number, shall elect two members of the Commission who shall be residents and qualified voters of the City of Atlanta. (6) None of the members appointed to the Commission shall be members of the governing authority of the City of Atlanta or Board of Education of the City of Atlanta. (b) The members of the Commission elected pursuant to paragraph (1) of subsection (a) of this Section shall be elected by not later than June 15, 1971. It shall be the duty of the Speaker of the House of Representatives to call the meeting of the Representatives specified by said paragraph and to designate one of said Representatives as the presiding officer for said meeting. (c) The members of the Commission elected pursuant to paragraph (2) of subsection (a) of this Section shall be elected by not later than June 15, 1971. It shall be the duty of the President of the Senate to call the meeting of the Senators specified by said paragraph and to designate one of said Senators as the presiding officer for said meeting.

Page 4106

(d) The members of the Commission appointed pursuant to paragraphs (3) and (4), and the member elected pursuant to paragraph (5) of subsection (a) of this section shall be appointed and elected by not later than June 15, 1971. Section 2 . (a) After all members of the Commission have been designated pursuant to section 1 of this Act, it shall be the duty of the Mayor of the City of Atlanta to call the organizational meeting of the Commission for July 1, 1971. The Mayor shall preside at said organizational meeting only until a Chairman is elected, and the election of a Chairman shall be the first order of business. The Chairman shall be elected by a majority vote of the total membership of the Commission. After the election of a Chairman, the next order of business shall be the election of a Vice Chairman and such other officers as the Commission deems necessary and appropriate. The Vice Chairman, who shall have the full authority of the Chairman in the Chairman's absence, shall be elected by a majority vote of the total membership of the Commission. The Commission shall have the authority to establish a quorum for the election of other officers and for the transaction of business, but on the adoption of the revised charter of the City of Atlanta, as hereinafter provided, a majority of the total membership of said Commission shall be required. (b) In the event of a vacancy on the Commission, the vacancy shall be filled in the same manner as the original members of the Commission by the original electing or appointing authority. (c) The Commission shall have the authority to adopt bylaws and rules and regulations governing its operation and may further organize such subcommittees as it deems necessary and appropriate. (d) The members of the Commission shall be entitled to receive $25.00 for each meeting of the Commission, or subcommittees thereof, attended by such members. Such members shall also be entitled to reimbursement of actual and

Page 4107

necessary expenses incurred by them in the performance of their duties as members of the Commission. Section 3 . (a) The Commission shall be authorized to employ an executive director and such clerical personnel as may be necessary for it to efficiently and effectively carry out its duties and responsibilities as hereinafter provided. The Commission shall be further authorized to employ legal counsel and contract with consulting firms in the performance of its duties. Section 4 . (a) As soon as practicable after the organizational meeting, it shall be the duty of the Commission to prepare a budget covering its entire period of operation (July 1, 1971 through December 31, 1972). Said budget shall show in detail anticipated expenditures for all employees of the Commission, compensation and expenses of members of the Commission, legal counsel, consulting firms, office rent, supplies, equipment, printing and other incidental expenses. To the extent possible, the Commission shall utilize employees of the City of Atlanta, office space supplied by the City of Atlanta, if available, and supplies and equipment of the City of Atlanta. It shall be the duty of the Mayor and Board of Aldermen of the City of Atlanta to cooperate fully with the Commission in avoiding any unnecessary expenditures by the Commission. (b) When prepared, the budget shall be submitted to the Mayor and Board of Aldermen of the City of Atlanta for review and approval or rejection. In the event the budget is rejected by the Mayor and Board of Aldermen, the Commission shall make such amendments to the budget as may be directed by the Mayor and Board of Aldermen and resubmit the budget to the Mayor and Board of Aldermen for adoption. Once adopted, the budget may be amended from time to time, if necessary, but only with the approval of the Mayor and Board of Aldermen. (c) The funds necessary for the operation of the Commission shall come from the funds of the City of Atlanta, and it is hereby declared that the expenditures of such

Page 4108

funds is for a public purpose and for a necessary governmental function. Section 5 . (a) It shall be the duty and responsibility of the Commission to completely revise the charter of the City of Atlanta. Such revision shall take the form of a new charter which, if adopted, would specifically repeal the laws and the amendments thereto providing the present charter of the City of Atlanta and would supersede and replace said present charter. (b) Said revision shall not be limited to a recodification of the present charter provisions but may include such substantive changes as the Commission may deem necessary and appropriate for the improvement of the government of the City of Atlanta. Section 6 . (a) A draft of the completely revised charter shall be prepared by the Commission by not later than July 1, 1972. It shall be the duty of the Commission to have a sufficient quantity of the draft of the charter printed for wide distribution to interested citizens of the City of Atlanta. After the printed copies of the draft of the charter have been distributed to interested citizens, it shall be the duty of the Commission to call a series of not less than five public hearings for the purpose of explaining the provisions of the proposed charter and for the purpose of receiving comments, suggestions and criticism from the public. The time and place of each public hearing shall be advertised in a newspaper of general circulation in Fulton County at least one week in advance of each such hearings. (b) Members of the General Assembly specified in paragraphs (1) and (2) of subsection (a) of section 1 of this Act and the Mayor and each member of the Board of Aldermen shall be supplied with a copy of the draft of the charter and shall be specificially invited to make suggestions and criticisms relative to its contents. (c) The public hearings on the draft of the proposed charter required by this Section shall be completed by October 1, 1972.

Page 4109

Section 7 . (a) After the hearings required by section 6 of this Act have been completed, it shall be the duty of the Commission to prepare a final draft of the proposed charter. Said final draft may include such further revision as the Commission may deem necessary or desirable as a result of the public hearings and as a result of suggestions and criticism by members of the General Assembly and the Mayor and Board of Aldermen. Said final draft shall be completed by not later than December 1, 1972, and the Commission shall have sufficient copies printed for distribution to interested citizens of the City of Atlanta. (b) After the final draft has been completed, it shall be the duty of the Commission to present the proposed charter to the members of the General Assembly specified in paragraphs (1) and (2) of subsection (a) of Section 1 of this Act and request that said proposed charter be enacted into law at the 1973 session of the General Assembly of Georgia. Section 8 . The Commission shall stand abolished as of December 31, 1972. 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 there will be introduced at the regular 1971 Session of the General Assembly of Georgia a bill to create a City of Atlanta Charter Commission, to provide for all matters related thereto; and for other purposes. This 6th day of January, 1791. Mrs. Grace T. Hamilton Representative, 112th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mrs. Grace T.

Page 4110

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 official organ of Fulton County, on the following dates: January 8, 15, 22, 1971. /s/ Mrs. Grace T. Hamilton Representative, 112th District Sworn to and subscribed before me, this 29th day of January, 1971. /s/ Genevieve McKinney Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). Approved April 14, 1971. GWINNETT COUNTY RECREATION DISTRICT NO. 1 ESTABLISHED. No. 805 (House Bill No. 1038). An Act to establish a special taxing district comprising all the area within Pinkneyville General Militia District No. 406 to be known as Gwinnett County Recreation District No. 1; to provide for a tax levy after approval by the qualified voters of up to one mill of tax on all taxable property within the special district to provide funds for the governing authority to establish and maintain a recreation system within said district; to provide that the governing authority of Gwinnett County may purchase and lease real and personal property and acquire all equipment and personnel necessary to establish and maintain a recreation system within said district; to provide that the governing authority of Gwinnett County may contract with any other political subdivision for the establishment

Page 4111

and maintenance of a recreation system; 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 within Gwinnett County a special taxing district comprising all the area within Pinkneyville General Militia District No. 406 to be known as Gwinnett County Recreation District No. 1. The governing authority of Gwinnett County is hereby authorized to levy a tax, not to exceed one mill, on all property in said district, if the levying of such tax is approved by a majority vote of those qualified voters of said district voting at a special election to be called and conducted by the Ordinary of Gwinnett County. The governing authority shall set the date for said election, which shall be held and conducted as are other special elections. The governing authority shall use the funds derived from said tax levy to establish and maintain a recreation system within said district. The governing authority is authorized to purchase and lease real and personal property and acquire all equipment and personnel necessary to establish and maintain a recreation system within said district. The governing authority is authorized to establish all rules, regulations and fees necessary for the establishment, operation and maintenance of a recreation system within said district. The governing authority is authorized to contract with any other political subdivision for the establishment and maintenance of a recreation system within said district. 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 1971 Session of the General Assembly of Georgia, a bill creating a special recreation district of the area within Pinkneyville Militia District No. 406; to provide a tax levy to finance a recreation system within said district subject

Page 4112

to approval of the voters of said district; and for other purposes. This 20th day of January, 1971. Homer M. Stark Attorney for Gwinnett County Georgia, Gwinnett County. Before me, the undersigned, a Notary Public, this day personally came Robert D. Fowler, who, being first duly sworn, according to law, says that he is the Publisher of the Gwinnett Daily News, the official newspaper in which the Sheriff's advertisements in and for said County are published and a newspaper of general circulation, with its principal place of business in said County, and that the attached notice was published in said newspaper for three insertions (January 22, 29, and February 5, 1971). /s/ Robert D. Fowler Subscribed and sworn to before me, this 3rd day of March, 1971. /s/ Janice L. Bullock (Seal). Approved April 14, 1971. ANNEXATION BY MUNICIPALITIES PROHIBITED WHERE COUNTIES PROVIDING CERTAIN SERVICES, WITHOUT COUNTY APPROVAL. (200,000-500,000). No. 806 (Senate Bill No. 217). An Act to prohibit the annexation of any unincorporated area by any municipality in any county which provides water, sewerage, police and fire protection, garbage collection

Page 4113

or which has included such unincorporated area proposed to be annexed in a comprehensive zoning plan of the county without first obtaining the approval of such annexation by action of the governing authority of the county in which the territory to be annexed is situated; to provide for injunctive relief; to provide for severability; to provide that this Act shall apply only 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 . The government of no municipality of this State may annex to the existing corporate limits thereof any unincorporated area where water, sewerage, police protection, fire protection, garbage or refuse collection is furnished or to be furnished by the county in which such unincorporated area is situated, or where the county has included such unincorporated area in a comprehensive zoning plan of the county, without first obtaining the approval of the governing authority of the county in which such unincorporated area is situated. Such approval must be obtained by an official act of the governing authority of the county and duly recorded upon the minutes of said body. The owner of any real property situated in said county shall have the right to enjoin any municipality who has not obtained the required approval of the governing authority of the county from exercising any municipal powers, functions or duties over the unincorporated area improperly sought to be annexed to the existing corporate limits by a suit for injunction filed in Superior Court of the county wherein said proposed annexation territory is situated. Section 2 . The provisions of this Act shall apply only to those counties of this State having a population of not less than 200,000 and not more than 500,000 according to the United States decennial census of 1970 or any such future census. Section 3 . In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall

Page 4114

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 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. Approved April 14, 1971. MUNICIPALITY PROHIBITED FROM REZONING ANNEXED LAND FOR TWO YEARS WITHOUT PRIOR COUNTY APPROVAL. (400,000-600,000). No. 807 (House Bill No. 967). An Act to provide that the governing authority of any municipality located wholly within certain counties may not rezone or otherwise change the zoning status of land which it has theretofore annexed for a period of two (2) years from the date such annexation became effective unless the governing authority of any such county shall approve such rezoning or change in zoning status; 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 . Any other law to the contrary notwithstanding, whenever any municipality of this State, which is located

Page 4115

wholly within any county of this State having a population of not less than 400,000 or more than 600,000 according to the United States decennial census of 1970 or any future such census, shall annex any land by incorporating same into the corporate limits of such municipality pursuant to general laws authorizing such annexation, such land shall not be rezoned for a different use or the zoning status otherwise changed from that which existed at the time of annexation to such municipality for a period of two (2) years from the time when such annexation became effective, unless the governing authority of the county wherein such municipality is located shall approve such rezoning or change in zoning status. 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. Approved April 14, 1971. COMPENSATION TO BUDDY BENTON. No. 84 (House Resolution No. 58-135). A Resolution. Compensating Mr. Buddy Benton; and for other purposes. Whereas, in June 1968, the 1968 Plymouth automobile of Mr. Buddy Benton was damaged when a rock fell from the bed of a State Highway Department motor vehicle, striking the windshield thereof; and Whereas, Mr. Benton was required to expend the sum of $97.48 in replacing said damage to his windshield. Now, therefore, be it resolved by the General Assembly

Page 4116

of Georgia that the State Highway Department is hereby authorized and directed to pay the sum of $97.48 to Mr. Buddy Benton as compensation as provided 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 against the State arising out of said occurrence. Approved April 15, 1971. COMPENSATION TO DONALD FRANKLIN NORMAN, SR. No. 85 (House Resolution No. 69-179). A Resolution. Compensating Donald Franklin Norman, Sr.; and for other purposes. Whereas, the six-year-old son of Donald Franklin Norman, Sr., was struck and killed by a State Highway Department truck driven on the wrong side of the street by an inmate of the Lee County Prison Branch; and Whereas, this accident occurred on March 6, 1970, at 7:45 a.m., in Sasser, Georgia; and Whereas, the accident occurred through no fault of Donald Franklin Norman, Sr., or his son; and Whereas, it is only fitting and proper that Mr. Donald Franklin Norman, Sr., be compensated in the amount of $10,000 for his irretrievable loss. 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 $3,000 to Mr. Donald Franklin Norman, Sr., as compensation as provided above. Said sum shall be paid from funds appropriated

Page 4117

to or available to said Department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 15, 1971. COMPENSATION TO TATTNALL COUNTY. No. 86 (House Resolution No. 88-233). A Resolution. To compensate Tattnall County; and for other purposes. Whereas, a great number of habeas corpus cases are filed in the Tattnall Superior Court, Tattnall County, Georgia, and are appealed to the Supreme Court of Georgia and are handled in the Superior Court of Tattnall County due to the fact that the Georgia State Prison is located in Tattnall County; and Whereas, the Superior Court of Tattnall County is required to perform all the duties connected with such appeals to the Supreme Court of Georgia in addition to the normal flow of work; and Whereas, the additional duties required of said court by virtue of habeas corpus appeals to the Supreme Court of Georgia place an undue burden upon said court; and Whereas, the great majority of the petitioners in said habeas corpus cases and appeals to the Supreme Court of Georgia, due to their poverty, are unable to pay costs in such appeals to the Supreme Court of Georgia; and Whereas, there are no provisions of law whereby Tattnall County may be compensated for the expenses incurred by said court in performing this great amount of extra burdensome work; and

Page 4118

Whereas, from January 1, 1970 through December 31, 1970, the costs involving habeas corpus cases in Tattnall Superior Court, and appeals to the Supreme Court of Georgia, incurred by Tattnall County, have not been paid; and Whereas, the Honorable Henry C. Kennedy is the Clerk of the Superior Court of Tattnall County, Georgia and has prepared an itemized estimate of such costs which amount to $2,671.30, so it is only fitting and proper that Tattnall County be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia that upon presentment of said itemized account to the Director of Corrections, the State Board of Corrections be and is hereby authorized and directed to pay to the Chairman of the Board of Commissioners of Tattnall County the sum of $2,671.30, which amount is the total cost due in habeas corpus cases and appeals to the Supreme Court of Georgia from the Superior Court of Tattnall County. Said payment shall be in full and final satisfaction for all of the cases itemized in said account. The payment of said sum shall be from funds appropriated to or available to the State Board of Corrections. Approved April 15, 1971. COMPENSATION TO ROYAL-GLOBE INSURANCE COMPANY. No. 87 (House Resolution No. 105-270). A Resolution. Compensating the Royal-Globe Insurance Company; and for other purposes. Whereas, on August 19, 1969, the windshield of an automobile owned by Royal-Globe Insurance Company, and operated by an employee thereof, was broken by a

Page 4119

rock which fell from a truck owned by the State Highway Department and being driven by an employee of said Department; and Whereas, said accident happened six miles south of Camilla, Georgia, on Georgia Highway 97; and Whereas, said accident caused damage to the automobile owned by the Royal-Globe Insurance Company in the amount of $119.14 for which it has not been and cannot be compensated by insurance; and Whereas, said accident occurred through no fault or negligence of the Royal-Globe Insurance Company, so it it only fitting and proper that it be reimbursed for its loss. 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 $119.14 to the Royal-Globe Insurance Company as compensation for damages arising out of the above described occurrence. Said sum shall be paid from funds appropriated or available to the State Highway Department and shall be in full and complete satisfaction of all claims against the State of Georgia arising out of said occurrence. Approved April 15, 1971. COMPENSATION TO REV. INMAN GERALD. No. 88 (House Resolution No. 138-425). A Resolution. Compensating the Rev. Inman Gerald; and for other purposes. Whereas, on November 22, 1968, the Rev. Inman Gerald was driving a motor vehicle along U. S. Highway 80, a few

Page 4120

miles west of the corporate limits of the City of Swainsboro, when a truck belonging to the State Highway Department, and operated by one of its employees, pulled from the shoulder of said Highway into the path of Rev. Gerald's vehicle; and Whereas, Rev. Gerald suffered bodily injuries as a result of the collision necessitating visits to physicians, loss of income and other medical expenses; and Whereas, a Resolution was adopted at the 1970 session of the General Assembly of Georgia compensating Rev. Gerald for a portion of his medical expenses, but it was known and understood at that time that Rev. Gerald would, of necessity, require additional medical care, so it is only fitting and proper that he be reimbursed for such further medical expenses. 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 $3,000.00 to the Rev. Inman Gerald as compensation as provided above. Said compensation 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 15, 1971. COMPENSATION TO SAVANNAH TRANSIT AUTHORITY. No. 89 (House Resolution No. 168-488). A Resolution. Compensating the Savannah Transit Authority; and for other purposes. Whereas, on June 2, 1969, a dump truck owned and

Page 4121

operated by the State Highway Department failed to yield right-of-way on U. S. 17 North, Chatham County, and collided with the right rear of a bus owned and operated by the Savannah Transit Authority; and Whereas, the damage sustained as a result of the above accident amounted to $218.01, none of which was due to any fault or negligence of the Savannah Transit Authority or its employee driver; and Whereas, it is only fitting and proper that the Savannah Transit Authority be compensated for its loss. 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 $218.01 to the Savannah Transit Authority as compensation as provided 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 against the State arising out of said occurrence. Approved April 15, 1971. COMPENSATION TO W. R. MOBLEY. No. 90 (House Resolution No. 179-578). A Resolution. Compensating W. R. Mobley; and for other purposes. Whereas, on February 7, 1969, a 1963 Ford truck belonging to the State Highway Department and operated by an employee of the State Highway Department, was traveling north on South Main Street at Sylvania, Screven County, Georgia; and Whereas, a 1963 Volkswagen owned by W. R. Mobley and operated by Elaine Gayle Mobley, was stopped on

Page 4122

South Main Street, in the northbound lane at its intersection with East Ogeechee Street; and Whereas, the State Highway truck, through the negligence of its driver, was unable to stop in time and hit the Volkswagen in the rear end; and Whereas, W. R. Mobley's vehicle was damaged in the amount of $322.21; and Whereas, the cost to repair said damage has not been and cannot be reimbursed to W. R. Mobley by insurance, and it is only fitting 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 $322.21 to W. R. Mobley. 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 15, 1971. COMPENSATION TO M. C. WICHT, SR. No. 91 (House Resolution No. 181-578). A Resolution. Compensating M. C. Wicht, Sr.; and for other purposes. Whereas, on or about September 12, 1969, the 1968 Karmann Ghia automobile of Mr. M. C. Wicht, Sr., was damaged when a sign fell from a State Highway Department vehicle being operated by Henry Martin, an employee thereof, causing said Karmann Ghia to leave the roadway in an attempt to avoid striking said fallen sign; and

Page 4123

Whereas, when the Karmann Ghia vehicle left the roadway, it struck a mail box damaging the right front fender and air conditioning system of said vehicle; and Whereas, said collision occurred on Ga. Highway 141 in Forsyth County, approximately ten miles south of Cumming, Georgia; and Whereas, Mr. Wicht was required to expend the sum of $93.22 in order to repair said 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 $93.22 to Mr. M. C. Wicht, Sr. as compensation as provided 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 against the State arising out of said occurrence. Approved April 15, 1971. COMPENSATION TO PAUL HUNSINGER. No. 93 (House Resolution No. 230-698). A Resolution. Compensating Mr. Paul Hunsinger; and for other purposes. Whereas, on May 29, 1967, Mr. Paul Hunsinger, an employee of North Georgia College, was operating a small riding packing roller on the campus of North Georgia College at Dahlonega, Georgia; and Whereas, a chain on said roller broke, causing the roller to run off the road and over an embankment; and Whereas, Mr. Hunsinger fell from said roller, and said fall resulted in injury to his back and spine, causing damage

Page 4124

in the amount of $751.93 for medical expenses and $1,000.00 for loss of time, pain and suffering; and Whereas, said accident occurred through no fault or negligence on the part of Mr. Hunsinger, 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 Board of Regents is hereby authorized and directed to pay to Mr. Paul Hunsinger the sum of $751.93. Said sum shall be paid from funds appropriated to or available to the Board of Regents and shall be in full and complete satisfaction of all claims arising out of said occurrence. Approved April 15, 1971. COMPENSATION TO ELIJAH WRIGHT. No. 94 (House Resolution No. 237-733). A Resolution. Compensating Mr. Elijah Wright; and for other purposes. Whereas, Mr. Elijah Wright was driving his 1961 Chevrolet west of Georgia Highway No. 37 approximately ten miles south of Camilla, Georgia, on January 21, 1970, at 5:20 p.m.; and Whereas, a truck owned and operated by the State Highway Department ran a stop sign and collided with Mr. Wright's automobile causing damage in the amount of $450.00; and Whereas, said accident occurred through no fault or negligence on the part of Mr. Wright so it is only fitting and proper that he be compensated for his loss. Now, therefore, be it resolved by the General Assembly

Page 4125

of Georgia that the State Highway Department is hereby authorized and directed to pay the sum of $450.00 to Mr. Elijah Wright as compensation as provided 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 against the State arising out of said occurrence. Approved April 15, 1971. COMPENSATION TO DR. JAMES W. SMITH. No. 96 (House Resolution No. 48-83). A Resolution. Compensating Dr. James W. Smith and for other purposes. Whereas, on October 28, 1968, Dr. James W. Smith, an employee of the Georgia Department of Mines, Mining, and Geology, was making a preliminary aerial radiometric survey for said Department in a plane rented specifically for State use; and Whereas, said plane crashed at Gunn Airfield in Lithonia, Georgia, causing damage to Dr. Smith in the amount of $700.00; and Whereas, the accident occurred through no fault or negligence of Dr. Smith, 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 Georgia Department of Mines, Mining, and Geology is hereby authorized and directed to pay the sum of $500.00 to Dr. James W. Smith as compensation as provided above. Said sum shall be paid from funds

Page 4126

appropriated to or available to said Department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 16, 1971. COMPENSATION TO SAMUEL D. FULFORD. No. 97 (House Resolution No. 84-225). A Resolution. Compensating Mr. Samuel D. Fulford d/b/a Mincy Fulford Funeral Home; and for other purposes. Whereas, Mr. Samuel D. Fulford was driving his 1969 Ford Econoline Van in the City of Waycross, Georgia on September 14, 1970, and the truck was struck by a State Patrol car driven by Lt. Thomas C. Catledge; and Whereas, the accident resulted in $252.00 damage to the truck; and Whereas, the accident occurred through no fault or negligence on the part of Mr. Fulford, so it is only fitting and proper that he be compensated for his loss. 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 $252.00 to Mr. Samuel D. Fulford as compensation as provided 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 against the State arising out of said occurrence. Approved April 16, 1971.

Page 4127

HENRY COUNTY BOARD OF COMMISSIONERS AUTHORIZED TO LEVY A TAX ON MOBILE HOME RENTAL UNITS, ETC. No. 813 (House Bill No. 338). An Act to authorize the Board of Commissioners of Henry County to levy and collect a tax on mobile home rental units and mobile home rental sites located within said County; to authorize said Board to fix a rate not to exceed two percent of the total amount annually collected as rent for such units and sites; 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 . The Board of Commissioners of Henry County is hereby authorized to levy and collect a tax on all mobile home rental units and mobile home rental sites located within Henry County. The Board shall fix the rate of such tax in an amount not to exceed two percent of the total amount annually collected as rent for such units and sites. Such taxes shall be due and payable on or before December 20 of each year in the same manner as ad valorem taxes. All taxes remaining unpaid on December 20 of each year shall bear interest at the rate of seven percent per annum from said date and the tax commissioner shall issue executions therefor against each delinquent taxpayer. 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 1971 Session of the General Assembly of Georgia, a bill to authorize the Board of Commissioners of Henry County to levy and collect a tax on mobile home rental units and mobile home rental sites located within said county at a rate not to exceed two percent of the total amount annually collected as rent for such units and sites; to provide

Page 4128

for all matters relative to the foregoing; and for other purposes. This 28th day of December, 1970. 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: December 31, 1970; January 7 and 14, 1971. /s/ Don L. Knowles Representative, 22nd District Sworn to and subscribed before me, this 8th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). COMPILER'S NOTE: This Act was received from the Executive Department on April 19, 1971. This Act was received by the Executive Department on March 25, 1971, after the General Assembly adjourned on March 12, 1971, and it does not bear the Governor's signature of approval.

Page 4129

COLQUITT COUNTY TAX COMMISSIONER'S COMPENSATION CHANGED. No. 814 (House Bill No. 810). An Act to amend an Act creating the office of Tax Commissioner of Colquitt County, approved February 17, 1956 (Ga. L. 1956, p. 2403), as amended, by an Act approved March 12, 1970 (Ga. L. 1970, p. 2485), so as to change the compensation of the Tax Commissioner; to provide for the payment of funds collected by the Tax Commissioner to the fiscal authority of the county at certain times, as is now provided by law; to repeal an Act approved March 12, 1970 (Ga. L. 1970, p. 2485); 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 Colquitt County, approved February 17, 1956 (Ga. L. 1956, p. 2403), as amended, by an Act approved March 12, 1970 (Ga. L. 1970, p. 2485), is hereby amended by striking section 4 of said Act in its entirety and substituting in lieu thereof a new section 4, to read as follows: Section 4. (a) The tax commissioner shall receive for his services as such an annual salary of not less than $10,000 nor more than $15,000, payable in equal monthly installments from the funds of Colquitt County. The exact amount of said salary shall be fixed by the governing authority of said county. (b) 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 Colquitt County, except as hereinafter provided. The Tax Commissioner shall pay over, from time to time, the county taxes to the fiscal authority of said county as soon as there is collected $3,000 and, if he fails to collect said dum during any week, he shall then pay over on Saturday, all he has collected during

Page 4130

the said week, with a detailed, itemized statement showing the sources from which such funds were collected. The Tax Commissioner shall issue fi. fas. for delinquent taxes, as provided by law, and shall be entitled to retain, as compensation therefor, the fees now prescribed by law for the issuance of such fi. fas. The tax commissioner shall be required to collect all delinquent taxes. (c) All fees received by the tax commissioner for motor vehicle tags issued to persons domiciled outside of the county shall be retained by the said commissioner as compensation thereof. Section 2 . An Act amending an Act creating the office of Tax Commissioner of Colquitt County so as to change the compensation of the Tax Commissioner, approved March 12, 1970 (Ga. L. 1970, p. 2485), is hereby repealed in its entirety. Section 3 . This Act shall become effective on January 1, 1972. 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 1971 Session of the General Assembly of Georgia, a bill to change the salary of the Tax Commissioner of Colquitt County; to repeal an Act amending an Act creating the office of Tax Commissioner of Colquitt County, so as to change the compensation of the Tax Commissioner, approved March 12, 1970 (Ga. L. 1970, p. 2485), and for other purposes. This 26th day of January, 1971. /s/ Dorsey R. Matthews Representative, 63rd District Emory Carlton, Comm. Walter Norman, Comm. Louise Perry, Comm.

Page 4131

Georgia, Fulton County. Personally appeared before me, the undersigned authority, 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 29, February 5 and February 12, 1971. /s/ Dorsey R. Matthews Representative, 63rd District Sworn to and subscribed before me, this 19th day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. (Seal). COMPILER'S NOTE: This Act was received from the Executive Department on April 19, 1971. This Act was received by the Executive Department on March 30, 1971 after the General Assembly adjourned on March 12, 1971, and it does not bear the Governor's signature of approval. CITY OF ROSSVILLEMAYOR'S COMPENSATION CHANGED, ETC. No. 815 (Senate Bill No. 265). An Act to amend an Act incorporating the City of Rossville, approved August 24, 1905 (Ga. L. 1905, p. 1114), as amended, particularly by an Act approved February 28, 1967 (Ga. L. 1967, p. 2087), so as to change the compensation

Page 4132

of the mayor of Rossville; to provide an effective date; to provide a scale for future salary increases of said mayor; 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 Rossville, approved August 24, 1905 (Ga. L. 1905, p. 1114), as amended, particularly by an Act approved February 28, 1967 (Ga. L. 1967, p. 2087), is hereby amended by striking section 10 in its entirety and by inserting in lieu thereof a new section 10 which shall read as follows: Section 10. The clerk shall receive as an annual salary a commission of five percent (5%) on all taxes collected by him. The city treasurer shall receive as an annual salary not less than $150.00 per year nor more than $300.00 per year, the amount of said treasurer's salary to be fixed by the mayor and councilmen. The councilmen shall receive as an annual salary each the sum of $400.00, payable in quarterly payments. The above compensation shall be paid in lieu of any other, and the clerk or treasurer shall not receive any other compensation of any kind or character except as above set out. The city clerk and treasurer and tax collector is to give bond in an amount to be fixed by the mayor and councilmen for the faithful performance of his duties. Effective January 1, 1971, the mayor shall receive $8,400.00 per annum, to be paid from funds of the city in equal monthly installments. Effective January 1, 1972, the mayor shall receive $9,000.00 per annum, to be paid from funds of the city in equal monthly installments. Effective January 1, 1973, the mayor shall receive $9,500.00 per annum, to be paid from funds of the city in equal monthly installments. Effective January 1, 1974, the mayor shall receive $10,000.00 per annum, to be paid from funds of the city in equal monthly installments. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4133

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1971 Session of the General Assembly of Georgia, a bill to change the salary of the Mayor of Rossville; and for other purposes. This 27th day of January, 1971. /s/ Billy Shaw Abney Senator, 53rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Shaw Abney who, on oath, deposes and says that he is Senator from the 53rd 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 27, February 3 and 10, 1971. /s/ Billy Shaw Abney Senator, 53rd District Sworn to and subscribed before me, this 23rd day of February, 1971. /s/ Genevieve McKinney, Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1974. COMPILER'S NOTE: This Act was received from the Executive Department on April 19, 1971. This Act was received by the Executive Department on March 30, 1971, after the General Assembly adjourned on March 12, 1971, and it does not bear the Governor's signature of approval.

Page 4135

ACTIONS OF COUNTY GOVERNING AUTHORITIES PURSUANT TO CONSTITUTIONAL AMENDMENT PROVIDING HOME RULE FOR COUNTIES

Page 4136

DEKALB COUNTY PENSION BOARD ACT AMENDED. A Resolution. Whereas, Article XV, Section II of the 1945 Constitution of the State of Georgia to which an amendment was ratified in the General Election held on November 8, 1966, and proclaimed by the Honorable Carl Sanders, Governor of the State of Georgia, on November 28, 1966, authorizes the governing authorities of each county to adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general law and which is not inconsistent with this constitution, or any local law applicable thereto, and Whereas, the aforesaid amendment to the Constitution further provides that the county governing authority may amend or repeal the local acts applicable to its governing authority by a resolution or ordinance duly adopted at two regular consecutive meetings of the county governing authority not less than seven nor more than sixty days apart provided a notice containing a synopsis of the proposed amendment or repeal shall have been published in the official county organ once a week for three weeks within a period of sixty days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment or repeal is on file in the office of the Clerk of the Superior Court of the county for the purpose of examination and inspection by the public, and Whereas, the governing authority of DeKalb County has deemed it to be in the best interest of the officers, employees and deputies, of DeKalb County, as well as the county administration, that the act creating the DeKalb County Pension Board be amended in certain particulars in order to facilitate the administration of the pension plan, to increase the amount of contribution made by both the participant and the county government, and to increase and liberalize the different categories of benefits payable under said pension act, and

Page 4137

Whereas, in order to accomplish this purpose it is necessary for the local act creating the Pension Board of DeKalb County known as 1962 Ga. L. 3088 as amended by 1964 Ga. L. 2550, and 1965 Ga. L. 3095, be amended in certain particulars, and Now therefore, be it resolved by the Board of Commissioners of DeKalb County, Georgia, and it is hereby resolved by the authority of same that 1962 Ga. L. 3088, as amended by 1964 Ga. L. 2550 and 1965 Ga. L. 3095, be and the same is hereby amended as follows: Section 1 . By striking all of section 7 of said act and substituting in lieu thereof a new section 7 to read as follows: Section 7: Officers, employees and deputies, as the terms are used herein, shall include elected County officials and officers and employees of DeKalb County, employees and deputies of County officers by whatever name or title employed or deputized, and all other persons including officers and employees of the County who perform any service for the benefit of DeKalb County for which they are paid a salary including permanent part-time employees, regular employees, deputies and elected officials. In the event DeKalb County, along with the State of Georgia, contributes to the salaries of the officers, deputies, and employees aforesaid, and such person is under the system of pension and retirement pay for officers, deputies and employees of DeKalb County as of January 1, 1971, the total salaries of said officer, employee, or deputy from all such sources shall be counted as compensation for the purpose of determining benefits and payment of contributions. DeKalb County shall withhold monthly the required contribution by said employee to the Pension Fund as outlined in this act for such amounts of income; and it is further provided that DeKalb County shall pay into the Pension Fund the employers contribution for the total amount of said income at the rate required under this act.

Page 4138

Section II-A . By striking all of section 8 of said act and substituting in lieu thereof the following: 1. (a) Definitions: (1) Compensation shall mean the actual compensation paid as salary to a participant by the county and State of Georgia as herein provided during any calendar year, exclusive of reimbursed expenses, bonuses, commissions and other unusual remuneration. (2) Average Compensation shall mean the average of the participant's monthly compensation for the highest five consecutive calendar years during the 10 calendar years, or during the full period of service computed to full calendar years, if less than 10, immediately preceding the earlier to occur of (i) the date on which the participant's employment with the county terminates for any reason and (ii) the participant's actual retirement date. Average Compensation shall be determined by dividing the total Compensation received by the participant during the appropriate five calendar year period by the number of months for which he received Compensation in such period. (3) Social Security Benefit shall mean the monthly primary insurance amount payable to a participant under the Social Security Act and any amendments thereto, assuming that the earnings tests for purposes of determining eligibility for the Social Security Benefit shall not apply. (4) Anticipated Social Security Benefit shall mean the estimated Social Security Benefit payable to a participant at age 65, based on the Social Security Act in effect on the date of determination of the benefit and on uniform

Page 4139

rules adopted by the pension board, assuming: (i) that his rate of Compensation at date of determination of his benefit under the plan remains in effect thereafter to age 65, and (ii) the earnings test for purposes of determining eligibility for the Social Security Benefit shall not apply. (5) Accrued Benefit as of the date of determination, shall mean the participant's monthly retirement benefit equal to the sum of (i) and (ii), reduced by (iii), where: (i) is 2% of Average Compensation multiplied by the participant's years of service not in excess of 25; (ii) is 1% of Average Compensation multiplied by his years of service in excess of 25 but not in excess of 40; and (iii) is 2% of the Anticipated Social Security Benefit multiplied by the participant's years of service, not in excess of 25. (6) Interest shall mean simple interest at the rate of 3% per annum for years prior to 1971 and 4% per annum for 1971 and subsequent years. (7) Years of Service means service credited to participation in a pension plan of DeKalb County. Accumulated sick leave at the time of retirement shall be credited at the rate of thirty days (30) for 1/12 years service. Section II-B . Benefits paid hereunder shall be classified:

Page 4140

(1) Normal retirement benefits. (2) Delayed retirement benefits. (3) Early retirement benefits. (4) Disability retirement benefits. (5) Optional retirement benefits. (6) Termination benefits. (7) Death benefits. 1. A. Normal Retirement Date . The Normal Retirement Date of a participant shall be the first day of the month coinciding with or next following the later of (a) and (b) but in no event later than (c) where: (a) is the date the participant attains age 55; (b) is the date the participant completes 10 years of plan participation; and (c) is the date the participant attains age 65. B. Normal Retirement Benefit . The monthly retirement benefit payable to a participant who retires on his Normal Retirement date shall be an amount equal to the sum of (a) and (b) below, where: (a) is 2% of his Anticipated Social Security Benefit payable at retirement multiplied by the participant's years of service not to exceed 25, such benefit to commence on his Normal Retirement date and be payable on the first day of each month thereafter to the earlier of the first day of the month which coincides with or next follows (i) the

Page 4141

date the participant attains age 65 or (ii) the date of his death. (b) is 2% of the participant's Average Compensation multiplied by his years of service (Calculated to the nearest 1/12th year) not to exceed 25, plus 1% of Average Compensation multiplied by his years of service in excess of 25 but not in excess of 40, reduced by 2% of his Anticipated Social Security Benefit multiplied by his years of service not to exceed 25, such benefit to commence on his Normal Retirement Date and be payable on the first day of each month thereafter during the lifetime of the participant with a minimum of one hundred twenty payments to the participant or his beneficiary. 2. A. Delayed Retirement Date . At the request of the county, a participant may remain in the active employ of the county beyond his Normal Retirement Date but not beyond the age of 65. Provided, however, that nothing in this Act as applies to compulsory retirement at age 65 shall apply to participating elected officials of DeKalb County. The participant shall retire from the employment of the county on the first day of the month coinciding with or next following the end of the last agreed period which date shall be the Delayed Retirement Date, except that participants who have reached the age of 65 during the year 1970 may continue in service until February 1, 1971, however, if such participant is considered essential to the operation of the department by the department head, his delayed retirement date may be extended until a suitable replacement is found but in no event beyond June 30, 1971. B. Delayed Retirement Benefit . The participant, upon retirement on his Delayed Retirement Date,

Page 4142

shall receive a monthly retirement benefit which shall be an amount computed and payable in the same manner as a Normal Retirement Benefit in accordance with subsections 1-B(a) and 1-B(b) of the Section 8, but based on the participant's Average Compensation and service as of his Delayed Retirement Date. 3. A. Early Retirement Date . The Early Retirement Date of a participant shall be the first day of any month coincident with or next following the date he retires from the employ of the county subsequent to the attainment of age 50 and completion of at least 10 years of service. B. Early Retirement Benefit . A participant, upon retirement of his Early Retirement Date, shall receive an immediate monthly retirement benefit which shall be an amount computed and payable in the same manner as a Normal Retirement Benefit in accordance with subsections 1-B(a) and 1-B(b) of this Section 8, but based on the participant's Average Compensation and service as of his Early Retirement Date. (Each portion of such monthly retirement benefit shall be reduced by five-twelfths percentum (5/12%) for each complete month by which the date the benefit commences preceding the Normal Retirement Date of the participant.) 4. A. Disability Retirement Date . The Disability Retirement Date of a participant becoming totally and permanently disabled from any cause after completion of five years of service shall be the first day of the month after the determination by the pension board that the participant is so disabled. Provided that all new officers, employees or deputies of DeKalb County who become participants in this plan after the effective date thereof shall take a physical examination from a physician approved by the pension board and shall be certified by such physician

Page 4143

as being physically and mentally qualified for the position or job given him, and provided further that the completion of five years service shall not be required of a participant for disability incurred while acting within the scope of his employment through (1) violent, external and accidental means not as a result of his mis-conduct or provocation, or (2) through an act of God. B. Disability Retirement Benefit . A participant upon retirement on his Disability Retirement Date shall receive a monthly retirement benefit under which payment shall commence on his Disability Retirement Date and shall be payable on the first day of each month thereafter during his lifetime and continuation of disability. The amount of each monthly retirement payment shall be equal to 50% of the participant's monthly rate of earnings as of the date of disability minus the sum of 50% of the Social Security Benefit to which he may be entitled, plus any benefits received through Workman's Compensation from DeKalb County, but not less than the greater of: (a) Twenty-five dollars per month, or (b) An amount equal to the Accrued Benefit as of his Disability Retirement Date, actuarially reduced to take into account the participant's younger age and the commencement of retirement benefits prior to his Normal Retirement Date. 5. A. Election of Optional Retirement Benefits . A participant may elect, or may revoke a previous election and make a new election, at any time six months prior to his Normal Retirement Date, Early Retirement Date, or Delayed Retirement Date, to have the benefit provided in subsection 1-B(b) of this section 8 converted to one of the options hereinafter set forth. Election of any option

Page 4144

shall be made by the participant in writing. The benefit provided in subsection 1-B(a) of this section 8 shall not be subject to election, but shall be payable only in the manner stated in said subsection 1-B(a). B. Description of Options . The amount of any optional retirement benefit set forth below shall be the actuarial equivalent of the amount of benefit subject to election and otherwise payable to the participant. Actuarial equivalent shall, for all participants, be computed in accordance with such mortality table and interest rate as the pension board may hereafter adopt. Option 1: Straight Life . An increased benefit which shall be payable during the lifetime of the participant with all payments ceasing at his death. Option 2: Joint and Survivor Option . A decreased retirement benefit which shall be payable during the joint lifetime of both the participant and his joint annuitant and which shall continue after the death of either during the lifetime of the survivor in the same amount or in such smaller amount as the participant may designate. Option 3: Other Options . Any other form of option subject to the approval of the pension board. 6. A. Joint Annuitant . A participant who elects Option 2 shall, on a form provided for that purpose, designate a person to receive the benefits which continue to be payable upon the death of the participant. Such person shall be the joint annuitant of the participant. B. Cancellation of Election . The election by a participant of Option 2 shall be null and void if either

Page 4145

the participant or his designated joint annuitant shall die before benefits commence. In the event this election becomes null and void the participant shall have the right to name another joint annuitant or elect another option in which instance the six months requirement of subsection 5-A shall be waived. 7. A. Termination Benefit . In the event of termination of employment within the first three years of service the participant's contribution will be returned without interest. Upon termination of employment after three years of service but less than 10 years, the participant may either withdraw his contributions plus interest or leave his contributions in the fund and receive a monthly benefit to commence at age 65 equal to the Accrued Benefit determined as of his date of termination. Upon termination of employment after the completion of 10 years of service the participant may either withdraw his contributions plus interest or leave his contributions in the fund and receive a monthly benefit to commence at his Normal Retirement Date equal to the Accrued Benefit determined as of his date of termination; provided, however, such terminating employee may elect to commence receiving actuarially reduced benefits any time after he attains 50 years of age. 8. A. Death Benefit . (1) Prior to Retirement . If a participant dies prior to the earliest date on which he could retire under the early retirement provision, his beneficiary shall receive a lump sum benefit equal to the participant's contributions plus interest. If a participant dies subsequent to the earliest date on which he could retire under either the early retirement or normal retirement

Page 4146

provision and has not actually retired, the participant's beneficiary shall receive 120 monthly payments the amount of which shall be equal to the benefit specified in subsection 1-B(b) of this section 8 determined as of the date of death. Such benefits shall be in lieu of return of employee contributions plus interest. (2) After Retirement. If a participant has elected the straight life option, his beneficiary shall receive a lump sum benefit equal to the excess, if any, of the participant's contributions accumulated to his retirement date plus interest over the benefits actually paid to date of death. If a participant has elected any other form of payment, death benefits shall be payable as provided for by the provisions of the option elected, but in no event shall total benefits paid be less than the participant's contributions accumulated to his retirement date plus interest. 9. A. Beneficiary . All participants shall, on a form provided for that purpose, designate a person or persons to receive the benefits payable in the event of the death of the participant. Such person or persons shall be the beneficiary of the participant. The participant may from time to time change the beneficiary by written notice to the pension board and upon the receipt by the pension board of such change the rights of all previously designated beneficiaries to receive any benefit under this plan shall cease. In the event that any participant shall die without having designated a beneficiary or in the event that a participant shall die but the beneficiary designated by said participant shall fail to survive the participant, then and in either event, the person who shall

Page 4147

constitute the beneficiary of the deceased participant shall be determined as follows: (a) In the event the deceased participant is survived by his or her spouse, then such surviving spouse shall be the beneficiary. (b) If the deceased participant is not survived by his or her spouse, then the beneficiary shall be the deceased participant's estate. 10. A. No participant shall receive any benefits from this plan if he receives any remuneration for services rendered on a contract basis or on a permanent full time basis as determined under the Rules and Regulations governing the DeKalb County Merit System to or for any department of DeKalb County government financed by tax revenue. Section III . By striking all of section 10 of said 1962 Ga. L. 3088 as amended by 1964 Ga. L. 2550 and substituting in lieu thereof the following: Effective January 1, 1971, except as otherwise provided herein, it shall be the duty of the Director of Finance of DeKalb County to make payroll deductions from the compensation paid to each participant an amount equal to four percentum (4%) on the first $7800.00 of compensation paid within any calendar year, or the maximum amount taxable in that year under the Federal Insurance Compensation Act or any amendments thereto, and six and one-half percentum (6%) of his compensation in excess of the amount taxable under the Federal Insurance Compensation Act. Section IV . By striking from the first paragraph of section 11 of said 1962 Ga. L. 3088, the words five percentum and substitute in lieu thereof the words eight percentum (8%); by striking the words eight percentum as it appears subsequently in said sentence and substituting in lieu thereof the words eleven percentum (11%); by striking the last sentence of the first paragraph which reads as follows: Such contributions shall

Page 4148

be made by DeKalb County for a period of five years following the effective date of this Act, so that when so amended section 11 shall read as follows: The governing authority in charge of county affairs for DeKalb County shall appropriate to the pension fund annually, to be paid in monthly installments, an amount equal to eight percentum (8%) of that amount of monthly compensation paid to each participant in this pension system up to one-twelfth of the maximum amount taxable in that year under the Federal Insurance Contribution Act and any amendments thereto, and eleven percentum (11%) of all monthly compensation in excess of the amount taxable under the Federal Insurance Contribution Act. Section V . By striking from section 17 of 1962 Ga. L. 3088, paragraphs two and three, the words ninety days whenever they appear in such paragraph and substituting in lieu thereof the words six months so that when so amended section 17, paragraphs two and three shall read as follows: Notwithstanding any other provisions of this Act, no employee classified as an hourly laborer of any department of the county shall be required to make any contributions to said pension fund, and no contribution whatsoever shall be deducted from his salary or wage for any purpose named in this Act for a period of six months after the commencement of his or her employment as such employee of DeKalb County and likewise no pension rights shall accrue to any such new employee during said six month period. In the event such new employee shall retain his connection with DeKalb County after such six month period then he shall become a participant in this pension plan as of that date and his contributions and coverage shall begin forthwith. It is the intention of this provision to eliminate from the operation of the pension fund all hourly laborers until they have demonstrated their aptitude and fitness for service and until they have become permanent as evidenced by the satisfactory completion of six months service.

Page 4149

Section VI . By adding a new section to be known as section 11A to read as follows: 11A. Any officer, employee or deputy who chose not to participate in this pension plan at its inception on July 12, 1962, may become a participant by: (1) Authorizing deductions to be made from his earnings on the basis set out herein for participants with his years of service to begin on the first day of the month immediately following this authorization, and his participation subject to all the provisions of this plan. (2) If he has uninterrupted county service since July 12, 1962, and is not a participant in any other retirement program excepting Social Security or a State of Georgia Program, and desires to receive credit as a participant for all or any designated number of consecutive years last passed, he may pay into the pension fund the same amount he would have contributed plus the amount the county would have contributed plus three percentum simple interest on the total for each year he desires credit, said contributions to be based on his pay scale at the time the contribution would have been made had he been a participant. The privilege of any such participant to purchase credit for past years of service shall be exercised on or before April 1, 1971, and shall be under the same terms and conditions set out in section 6 of this Act giving said terms the definitions of this 1970 amendment. This act as amended shall become effective on January 1, 1971. That this resolution has been presented to the full Board of Commissioners of DeKalb County at its regular meetings on December 8, 1970, and December 22, 1970, after a synopsis of same has been published in the official organ of DeKalb County once a week for three weeks within a period of sixty days immediately preceding its

Page 4150

final adoption on December 22, 1970, such publications having been done as shown by the affidavit of the duly authorized representative of the publisher of the county organ of DeKalb County, a copy of which is attached hereto, and a copy of this entire resolution has been filed with the Clerk of DeKalb Superior Court for the purpose of examination and inspection by the public, along with several copies of same for distribution to those members of the public who desire same. Be it further resolved that the Chairman of the Board of Commissioners of DeKalb County shall consult with the Director of Finance and such other members of his administrative and advisory staff and take whatever administrative action is necessary to effect the provisions of this resolution, provided however that no changes shall be made in the tax structure of this county, the method of collecting or accounting for taxes not already provided for by general laws of this State or by previous ordinances or resolutions of this commission. Be it further resolved that upon final adoption of this resolution that a copy of this resolution, a copy of the required notice of publication, and the original affidavit of the duly authorized representative of the newspaper in which such notice was published to the effect that such notice has been published as provided by the law governing such publications be certified as true copies by the Clerk of the Board of Commissioners of DeKalb County and transmitted by certified mail, return receipt requested, to the Honorable Ben W. Fortson, Jr., Secretary of State of the State of Georgia for filing in his office. Adopted this 22nd day of December, 1970. /s/ Clark Harrison, Chairman, Board of Commissioners of DeKalb County, Georgia Attest: /s/ Cal M. Sandman, Clerk

Page 4151

Georgia, DeKalb County. I, Cal M. Sandman, the duly authorized and acting Director of Finance and Ex Officio Clerk of the Board of Commissioners of DeKalb County do hereby certify that the attached instrument is a true and correct copy of the resolution adopted by them at two regular consecutive meetings to wit: December 8 and 22, 1970. This 22th day of December, 1970. /s/ Cal M. Sandman, Acting Ex Officio Clerk of the Board of Commissioners of DeKalb County, Georgia A Resolution. Whereas, the retirement plan for DeKalb County officers, employees and deputies which became effective July 12, 1962, requires the plan be modified from time to time in order to maintain its financial stability and to keep pace with changing economic conditions, and Whereas, since the inception of this plan the general economic growth of the nation has exceeded the anticipations of the 1962 Pension Board planners and actuaries, and Whereas, in order to protect the soundness of the plan during this time of economic growth the DeKalb County Pension Board has maintained a continuous study of the plans' needs and the improvements necessary to effect the results required, and Whereas, the Pension Board has made certain recommendations affecting the administration of the plan, increased contributions by the participants and the County, and more liberal benefits in all retirement categories available under said plan, a copy of which recommendations are attached hereto, and

Page 4152

Whereas, the Board of Commissioners of DeKalb County desires that its officers, employees and deputies be provided the best retirement plan available within the means of the said participants and the County, and Whereas, this Board has studied the recommendations made by the Pension Board and has made enquiries as to the results should said recommendations be put into effect, and Whereas, this Board considers these recommendations to be in the best interests of the officers, employees and deputies of DeKalb County as well as for the administration of County government, and Now, therefore, be it resolved by the Board of Commissioners of DeKalb County and it is hereby resolved by the authority of same: 1. That the County Attorney be, and he is hereby instructed to incorporate the recommendations of the DeKalb County Pension Board into the DeKalb County Pension Act as created by 1962 Ga. L., p. 3088. et seq. and as subsequently amended, under authority of the Home Rule Amendment to the 1945 Constitution of the State of Georgia. 2. That said County Attorney shall prepare the necessary resolutions for this Board to consider in order to effect these changes and present them to this Board for adoption so that they shall become effective on January 1, 1971. This 24th day of November, 1970. /s/ Clark Harrison, Chairman Board of Commissioners of DeKalb County, Georgia Attest: /s/ Cal M. Sandman Clerk

Page 4153

Public Notice. Pursuant to a resolution of the Board of Commissioners of DeKalb County, Georgia, adopted at a regular meeting held on November 24, 1970, the public is hereby notified that the Chairman of the Board of Commissioners will present to the full board at its regular meetings on December 8 and 22, 1970, a resolution to amend the act creating the Pension Board of DeKalb County known as 1962 Ga. L. 3088, as amended, to provide for increased contributions by both the participants and the County to said pension fund, to provide for increased and more extensive benefits to participants and to facilitate the administration of said plan. The public is hereby further notified that in order to carry out the provision of the November 24 resolution it is necessary for the Board of Commissioners to adopt a resolution at two consecutive meetings held not less than seven nor more than sixty days apart which resolution specifically states the changes to be made in the original act, the authority to amend the original act having been granted by Article XV, Section II of the 1945 Constitution of the State of Georgia, by amendment ratified in the General Election held November 8, 1966, and proclaimed by Honorable Carl Sanders, Governor, on November 28, 1966. The public is hereby further notified that said resolution provides: For an increase in a participants contributions to the pension fund to four percentum of his earnings taxable under F.I.C.A. and six and one-half percentum of the excess; the County contributions to eight percentum of the earnings taxable under F.I.C.A. and eleven percentum of the excess; for normal retirement at age fifty-five with twenty-five years service; delayed retirement at age sixty-five; for benefits based upon average compensation and length of service; for disability incurred while on the job; that no pensioner may remain in full time County service; and those employees not presently participating to become participants with the privilege of purchasing creditable service by making all

Page 4154

contributions plus interest, and for other purposes. The public is further notified that a copy of the proposed resolution has been filed with the Clerk, DeKalb Superior Court, DeKalb County Courthouse, Decatur, Georgia, for public examination and inspection, and copies of same are available from him for interested members of the public. This November 24th, 1970. Clark Harrison, Chairman Board of Commissioners DeKalb County, Georgia 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, A Resolution of Pension Amendment was duly published once a week for 3 weeks as required by law, the dates of publication being December 3, December 10, and December 17, 1970. /s/ Britt Fayssoux Sworn to and subscribed before me, this 23th day of December, 1970. /s/ Carol E. Wheeler Notary Public, Georgia, State at Large. My Commission Expires Feb. 21, 1971. Filed in office of Secretary of State December 31, 1970.

Page 4155

CHARTER AMENDMENTS Adopted Pursuant to THE MUNICIPAL HOME RULE ACT OF 1965 AS AMENDED

Page 4156

CITY OF ATLANTA ALDERMANIC TRAFFIC, PARKING AND TRANSIT COMMITTEE ESTABLISHED. An Ordinance to amend the charter of the City of Atlanta as contained in Volume I of the 1965 charter, related laws and code of ordinances of the City of Atlanta, as amended, so as to repeal sections 8.3.2, 8.3.3, 8.3.4, 8.3.5, 8.3.6, 8.3.7 and 8.3.8 dealing with the formation and operation of a traffic and transportation commission; to re-enact sections 8.3.7 and 8.3.8 as new sections; and for other purposes. Be it ordained by the mayor and board of aldermen of the City of Atlanta as follows: Section 1 . The Charter of the City of Atlanta as contained in Volume I of the 1965 Charter, Related Laws and Code of Ordinances of the City of Atlanta as heretofore amended, is hereby further amended by repealing in their entirety sections 8.3.2 through 8.3.8. Section 2 . The Charter of the City of Atlanta as contained in Volume I of the 1965 Charter, Related Laws and Code of Ordinances of the City of Atlanta as heretofore amended, is further amended by adding thereto new sections 8.3.2 and 8.3.3 to read as follows: Section 8.3.2. For the purpose of establishing policies and programs and coordinating all activities of the city government in matters pertaining to traffic, parking and transit, the mayor and board of aldermen are hereby directed to establish the aldermanic traffic, parking and transit committee. The committee shall consist of four (4) members who shall be appointed by the mayor. Section 8.3.3. The mayor and board of aldermen of the City of Atlanta are authorized to increase by ordinance the jurisdiction, powers and duties of the aldermanic traffic, parking and transit committee created under this chapter.

Page 4157

Section 3 . A copy of this proposed amendment to the Charter of the City of Atlanta shall be filed in the Office of the City Clerk and in the Office of the Clerk of the Superior Court of Fulton County, Georgia, and the Notice of Proposed Amendment to the Charter of the City of Atlanta which is attached hereto as Exhibit A and made a part hereof shall 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; and a copy of said advertisement shall be attached to this ordinance prior to its final adoption by the Mayor and Board of Aldermen. Section 4 . All laws and ordinances or parts of laws and ordinances in conflict herewith are hereby repealed. Adopted by board of aldermen December 21, 1970. Notice of Proposed Amendment to the Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to repeal sections 8.3.2 through 8.3.8 of Volume I of the 1965 Charter, Related Laws and Code of Ordinances of the City of Atlanta, as amended, so as to delete all references to a traffic and transportation commission and to renumber sections 8.3.7 and 8.3.8 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 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 19th day of November, 1970. J. J. Little City Clerk City of Atlanta

Page 4158

Affidavit of Publication. Georgia, Fulton County. Personally appeared before me, the undersigned Notary Public, Margaret Graham who after being duly sworn states under oath that she is the Advertising Accounting Clerk 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 November 20, 27, December 4, 1970. /s/ Margaret Graham Advertising Accounting Sworn and subscribed before me, this 8th day of December, 1970. /s/ Anne S. Collins Notary Public, Georgia State at Large. My Commission expires Feb. 9, 1972. Filed in office of Secretary of State December 30, 1970. Approved December 24, 1970. CITY OF ATLANTAAUTHORIZATION TO SELL WATER MAINS, ETC. An Ordinance to amend section 7.6.21 of Volume I of the charter and related laws of the City of Atlanta of 1965, as amended, so as to authorize the City of Atlanta to sell water mains, together with fire hydrants, valves, appurtenances, etc., at their current depreciated value to other governing bodies, and for other purposes. Be and it is hereby ordained by the mayor and board of aldermen of the City of Atlanta as follows:

Page 4159

Section 1 . That section 7.6.21 of Volume I of the Charter and Related Laws of the City of Atlanta of 1965, as amended, amended by adding a new paragraph thereto which shall read as follows: Provided, however, that the provisions of this section shall not apply to the sale of water mains, together with fire hydrants, valves, appurtenances, etc., to another City when such assets lie within the City Limits of such City or to a County when such assets lie within such County and outside the City Limits of the City of Atlanta. Section 2 . 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 City of Atlanta and in the Office of the Clerks of the Superior Courts of Fulton and DeKalb Counties, 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 3 . That all ordinances and parts of ordinances in conflict herewith are hereby repealed. Adopted by Board of Aldermen August 3, 1970. Charter of the City of Atlanta. Notice is hereby given that an Ordinance has been introduced to amend section 7.6.21 of Volume I of the Charter and Related Laws of the City of Atlanta of 1965, as amended, so as to authorize the City of Atlanta to sell water mains, together with fire hydrants, valves, appurtenances, etc., at their current depreciated value to other governing

Page 4160

bodies; 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 in the Offices of the Clerks of the Superior Court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This the 13th day of July, 1970. /s/ J. J. Little, City Clerk City of Atlanta, Georgia Exhibit A Affidavit of Publication Georgia, Fulton County. Personally appeared before me, the undersigned Notary Public, Margaret Graham who after being duly sworn states under oath that she is the Advertising Accounting Clerk 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 July 13, 20, 27, 1970. /s/ Margaret Graham Advertising Accounting Sworn and subscribed before me, this 4th day of August, 1970. /s/ Anne S. Collins Notary Public, Georgia State at Large. My Commission Expires Feb. 9, 1972. Filed in office of Secretary of State August 10, 1970. Approved August 4, 1970.

Page 4161

CITY OF ATLANTADISPOSAL OF PERSONAL PROPERTY OF CITY. An Ordinance to amend Volume I of the charter and related laws of the City of Atlanta, as amended, so as to add a new section numbered 3.3.4 of said charter which ordinance provides for a method of disposing of personal property of the City of Atlanta; 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 Volume I of the Charter and Related Laws of the City of Atlanta, Georgia, as amended, is hereby amended by adding a section to be known as section 3.3.4 of the Charter and Related Laws of the City of Atlanta which section shall read as follows: Sec. 3.3.4. 1. When, in the opinion of the governing body of the City of Atlanta, it is deemed advisable to dispose of any personal property belonging to the City and used by the several departments thereof, said governing body shall have the power to do the same and shall initiate such disposal by sale by Resolution which Resolution shall in substance set forth that certain personal property is to be sold and shall describe the property to be sold. 2. Within thirty (30) days of the passage of the Resolution referred to in the paragraph immediately above as by law provided the Purchasing Agent shall and he is hereby authorized to sell the described personal property by employing any of the three following methods or, in his discretion any one thereof or any combination thereof: (a) By public or private auction to the highest bidder, by a firm of licensed auctioneers after notice of the auction shall have appeared in a local newspaper of general circulation in the City of Atlanta at least one time and at least six days prior to the time specified for the auction; said notice

Page 4162

to set forth the personalty to be auctioned, the time and place of the auction, and the terms of the auction. (b) The Purchasing Agent may employ the use of sealed bids. If he chooses to do so, he shall advertise in a local newspaper of general circulation in the City of Atlanta at least one time and at least six days prior to the time specified for the opening of bids, said notice setting forth the place where the personalty can be viewed and the time and place where the bids shall be received. (c) The Purchasing Agent shall also be authorized to utilize the services of employees of the City of Atlanta to auction off the property upon the same terms and conditions as set forth in (a) above. 3. All auctions held pursuant to this Ordinance shall be conducted on the terms of cash and shall be with reservation. All sealed bids received under the terms of this Ordinance shall be for cash to the highest bidder and with the right to reject any and all bids. 4. The Purchasing Agent is and he is hereby authorized to execute bills of sale on behalf of the City of Atlanta evidencing consumation of the sales contemplated hereunder. 5. Upon receipt of proceeds by the Purchasing Agent said funds shall be deposited into the General Treasury of the City of Atlanta. Section 2 . All Ordinances and parts of Ordinances in conflict herewith are hereby repealed. Adopted by the board of aldermen April 20, 1970. Notice of Proposed Amendment: Charter of the City of Atlanta. Notice is hereby given that an Ordinance has been introduced to add a Section 3.3.4 to Volume I of the Charter and

Page 4163

Related Laws of the City of Atlanta of 1965 as subsequently amended under the Home Rule Act, so as to provide a method for the disposal of personal property owned by the City of Atlanta; 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 19th day of March, 1970. J. J. Little, City Clerk, City of Atlanta Affidavit of Publication Georgia, Fulton County. Personally appeared before me, the undersigned Notary Public, Margaret Graham who after being duly sworn states under oath that she is the Advertising Accounting Clerk 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 March 19, 26, April 2, 1970. /s/ Margaret Graham Advertising Accounting Sworn and subscribed before me, this 20th day of April, 1970. /s/ Anne S. Collins Notary Public, Georgia State at Large. My Commission Expires Feb. 9, 1972. Filed in office of Secretary of State April 26, 1970. Approved April 23, 1970.

Page 4164

CITY OF ATLANTACLASSIFICATION OF DIRECTOR OF LABOR RELATIONS. An Ordinance to amend the charter of the City of Atlanta, Georgia, as contained in Vol. I of the charter and related laws and code of ordinances of the City of Atlanta, Georgia, with respect to sub-paragraph (e) of section 10.1.9 (1), by striking said sub-paragraph in its entirety and inserting in lieu thereof a new sub-paragraph (e), so as to include in the unclassified service, the position of director of labor relations; and for other purposes. Be it ordained by the mayor and board of aldermen of the City of Atlanta, Georgia, as follows: Section 1 . The Charter of the City of Atlanta as contained in Vol. 1 of the Charter, Related Laws and Code of Ordinances of the City of Atlanta, Georgia, as heretofore amended, shall stand further amended by striking from section 10.1.9(1) sub-paragraph (e) thereof, and by inserting in lieu thereof a new sub-paragraph (e) of said section, which shall read as follows: (e) the Executive Secretary, Research and Information Officer, Director of Labor Relations and one other confidential employee of the Mayor, but not including his private secretary who shall be under the classified service. Section 2 . A copy of this proposed amendment to the Charter of the City of Atlanta shall be filed in the Office of the City Clerk and in the office of the Clerk of the Superior Court of Fulton County, Georgia, and the Notice of Proposed Amendment to the Charter of the City of Atlanta which is attached hereto as Exhibit A and made a part hereof shall 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; and a copy of said advertisement shall be attached to this ordinance prior to its final adoption by the Mayor and Board of Aldermen. Section 3 . All laws and parts of laws in conflict herewith are hereby repealed.

Page 4165

Notice of Proposed Amendment to the Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend section 10-1-9(1) of Vol. 1 of the Charter, Related Laws and Code of Ordinances of the City of Atlanta, as amended, so as to strike sub-paragraph (e) thereof and insert a new sub-paragraph (e), so as to add to the unclassified service of the City of Atlanta the position of Director of Labor Relations and for other purposes. Copy of the proposed amendment is on file in the Office of the City Clerk of the City of Atlanta and in the Office of the Clerk of the Superior Court of Fulton and DeKalb County, Georgia for purposes of examination and inspection by the public. This 22nd day of September, 1970. /s/ J. J. Little, City Clerk City of Atlanta Exhibit A Affidavit of Publication. Georgia, Fulton County. Personally appeared before me, the undersigned Notary Public, Margaret Graham who after being duly sworn states under oath that she is the Advertising Accounting Clerk 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

Page 4166

on the following dates: September 24, October 1, 8, 1970. /s/ Margaret Graham Advertising Accounting Sworn and subscribed before me, this 12th day of October, 1970. /s/ Anne S. Collins, Notary Public, Georgia State at Large. My Commission Expires Feb. 9, 1972. Filed in office of Secretary of State October 26, 1970. CITY OF ATLANTAEMPLOYEES' SCHOLARSHIP FUND. An Ordinance to amend section 3.1 of the charter and related laws of the City of Atlanta as amended (1953 Ga. L. p. 2890) to add thereto a new article to be numbered Article IV to provide for the establishment and operation of an Employees' Scholarship Fund. 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 3.1 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 adding thereto the following Article and subsections, to wit: ARTICLE IV EMPLOYEES' SCHOLARSHIP FUND Section 3.1.59. Term Employees of the City Defined. The term Employees of the City, for the purpose of this Article, shall mean all those officers and employees who have been regularly employed by the City for a period of not less than six months.

Page 4167

Section 3.1.60. Fund, Creation. There is hereby established, to be funded from the general revenues of the City, a scholarship fund to assist employees of the City who desire to begin or further their formal education. Section 3.1.61. Administration of Fund. This fund shall be administered in accordance with a plan to be adopted by the Mayor and Board of Aldermen by ordinance. The Mayor and Board of Aldermen may amend said plan from time to time as they may deem necessary. 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 September 8, 1970. Notice of Proposed Amendment to Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend section 3.1 of Volume I of the Charter and Related Laws of the City of Atlanta as amended (1953 Ga. L. p. 2890) to add thereto a new article to be numbered Article IV and new subsections numbered 3.1.59, 3.1.60 and 3.1.61, to provide for the establishment and operation of an Employees' Scholarship Fund and for other purposes.

Page 4168

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 6th day of August, 1970. /s/ J. J. Little, City Clerk City of Atlanta Exhibit A Affidavit of Publication. Georgia, Fulton County. Personally appeared before me, the undersigned Notary Public, Margaret Graham who after being duly sworn states under oath that she is the Advertising Accounting Clerk 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 August 6, 13, 20, 1970. /s/ Margaret Graham, Advertising Accounting Sworn and subscribed before me, this 27th day of August, 1970. /s/ Anne S. Collins Notary Public, Georgia State at Large. My Commission Expires Feb. 9, 1972. Filed in office of Secretary of State September 29, 1970. Approved September 11, 1970.

Page 4169

CITY OF ATLANTAFINGERPRINTING AND PHYSICAL EXAMINATION OF PERSONNEL. An Ordinance to amend chapter 1 of title 3, Article I, of Volume I of the charter and related laws of the City of Atlanta, Georgia, so as to provide that prospective officers and employees of the City of Atlanta shall be fingerprinted and physically examined; 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 Article I of Chapter I of Title 3 of Volume I of the Charter and Related Laws of the City of Atlanta, Georgia, as amended, is hereby further amended by adding a new section to be designated as 3.1.39, which shall read as follows: No person shall be eligible to become an officer or employee of the City of Atlanta, other than a temporary or casual employee, until such person shall have submitted to being fingerprinted and to being examined as to physical fitness. Section 2 . All Ordinances and parts of Ordinances in conflict herewith are hereby repealed. Adopted by Board of Aldermen September 8, 1970. Notice of Proposed Amendment to Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend Article I, Chapter 1, Title 3, of Volume 1 of the Charter and Related Laws of the City of Atlanta, Georgia, so as to provide that prospective officers and employees of the City of Atlanta shall be fingerprinted and shall submit to a physical examination; to repeal conflicting laws; and for other purposes.

Page 4170

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 Courts of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This the 6th day of August, 1970. /s/ J. J. Little, City Clerk City of Atlanta Exhibit A Affidavit of Publication. Georgia, Fulton County. Personally appeared before me, the undersigned Notary Public, Margaret Graham who after being duly sworn states under oath that she is the Advertising Accounting Clerk 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 August 6, 13, 20, 1970. /s/ Margaret Graham, Advertising Accounting Sworn and subscribed before me, this 27th day of August, 1970. /s/ Anne S. Collins Notary Public, Georgia State at Large. My Commission Expires Feb. 9, 1972. Filed in office of Secretary of State September 29, 1970. Approved September 11, 1970.

Page 4171

CITY OF ATLANTAMEMBERSHIP OF COMMUNITY RELATIONS COMMISSION. An Ordinance to amend section 3.8.1 of the charter and related laws of the City of Atlanta, so as to increase the membership of the community relations commission, to provide for the addition of two student members to serve for one year terms and not be eligible for reappointment. Be and it is hereby ordained by the Mayor and Board of Aldermen of the City of Atlanta, Georgia as follows: Section 1 . Section 3.8.1 of the Charter and Related Laws (Vol. I of the Charter and Related Laws) is hereby amended as follows: (a) By deleting the word twenty from the second sentence of the paragraph and inserting in lieu thereof the word twenty-two. (b) By deleting the language all bona fide adult residents and representatives of all segments of City of Atlanta, Georgia from the second sentence of the paragraph and inserting in lieu thereof the following language all bona fide residents and representatives of all segments of the City of Atlanta, Georgia, twenty being adult residents, one being a high school student not over nineteen years of age, and one being a college student not over twenty-five years of age. (c) By striking the period at the end of the fourth sentence in the paragraph and placing in lieu thereof a comma and by adding after the comma the following language except that the two student members shall be appointed for a term of one year and not be eligible for reappointment. (d) Section 3.8.1 of the Charter and Related Laws, when amended as hereinabove set forth, shall read as follows: There is hereby created a Community Relations Commission for the City of Atlanta, Georgia, to be known as the

Page 4172

Community Relations Commission. The Commission shall be composed of twenty-two members, serving without compensation, all bona fide residents and representatives of all segments of the City of Atlanta, Georgia, twenty being adult residents, one being a high school student not over nineteen years of age, and one being a college student not over twenty-five years of age, to be appointed by the Mayor with the approval of the Board of Aldermen, one of whom shall be designated by the Mayor as its Chairman at the organizational meeting and at each annual meeting thereafter. Seven members of said Commission shall constitute a quorum for the transaction of business. Of the twenty members first appointed, six shall be appointed for one year, seven for two years and seven for three years; thereafter all appointments to the Commission shall be for a term of three years, except that the two student members shall be appointed for a term of one year and not be eligible for reappointment. Any member may be removed by the Mayor for failure to attend meetings or inattention to duties. In the event of death, resignation or removal of any member, his successor shall be appointed by the Mayor to serve for the unexpired period of the time for which such member has been appointed provided, however, that all members shall continue in office until their successors shall have been appointed. Section 2 . All ordinances and parts of ordinances in conflict herewith are repealed. Adopted by Board of Aldermen June 15, 1970. Notice of Proposed Amendment to Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend section 3.8.1 Volume I of the Charter and Related Laws of the City of Atlanta, so as to increase the membership of the Community Relations Commission, to provide for the addition of two student members to serve for one year terms and not to be eligible for reappointment.

Page 4173

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 Courts of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This the 21st day of May, 1970. /s/ J. J. Little, City Clerk City of Atlanta Affidavit of Publication. Georgia, Fulton County. Personally appeared before me, the undersigned Notary Public, Melba Duquene who after being duly sworn states under oath that she is the Advertising Accounting Clerk 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 May 21, May 28, June 4, 1970. /s/ Melba Duquene, Advertising Accounting Clerk Sworn and subscribed before me, this 8th day of June, 1970. /s/ Julian O. Nicholson Notary Public, Georgia State at Large. My Commission expires Oct. 1, 1971. Filed in office of Secretary of State June 25, 1970. Approved June 19, 1970.

Page 4174

CITY OF ATLANTAPERSONNEL BOARD PAYMENTS. An Ordinance to amend section 10.1.3 of Volume I of the charter and related laws of the City of Atlanta of 1965, as amended, so as to change the rate of compensation for members of the personnel board; 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 provisions of section 10.1.3 of Volume I of the Charter and Related Laws of the City of Atlanta of 1965, as amended, (Ga. L. 1964, p. 2323) be repealed in their entirety and the following provisions be substituted in lieu thereof: The members of the personnel board shall be paid at the rate of one hundred dollars ($100.00) per month for each month they serve on said board, but no member shall receive in excess of one thousand two hundred dollars ($1,200.00) in any one year. 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.

Page 4175

Section 3 . That all laws and parts of laws in conflict with this Amendment be and the same are hereby repealed. Adopted by board of aldermen December 21, 1970. Notice of Proposed Amendment to Charter of City of Atlanta. Notice is hereby given that an Ordinance has been introduced to amend section 10.1.3 of Volume I of the Charter and Related Laws of the City of Atlanta of 1965, as amended, (Ga. L. 1964, p. 2323), so as to delete the provisions of said section in their entirety and to substitute in lieu thereof new provisions which shall establish a rate of compensation for members of the personnel board at one hundred dollars ($100.00) per month for each month said member serves on the board, 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 19th day of November, 1970. /s/ J. J. Little, City Clerk City of Atlanta Exhibit A Affidavit of Publication. Georgia, Fulton County. Personally appeared before me, the undersigned Notary Public, Margaret Graham who after being duly sworn states under oath that she is the Advertising Accounting Clerk of Atlanta Newspapers, Inc., Proprietors of The Atlanta Journal,

Page 4176

(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 November 20, 27, December 4, 1970. /s/ Margaret Graham, Advertising Accounting Sworn and subscribed before me, this 8th day of December, 1970. /s/ Anne S. Collins Notary Public, Georgia State at Large. My Commission Expires Feb. 9, 1972. Filed in office of Secretary of State December 30, 1970. Approved December 24, 1970. CITY OF ATLANTARESEARCH AND INFORMATION OFFICERS IN UNCLASSIFIELD SERVICE, ETC. Ordinance to amend the charter of the City of Atlanta as contained in Vol. I of the charter, related laws and code of ordinances of the City of Atlanta, with respect to sub-paragraph (e) of section 10.1.9 (1), by striking said sub-paragraph in its entirety and inserting in lieu thereof a new sub-paragraph (e), so as to include in the unclassified service the position of research information officer; and for other purposes. Be it ordained by the mayor and board of aldermen of the City of Atlanta as follows: Section 1 . The Charter of the City of Atlanta as contained in Vol. I of the Charter, Related Laws and Code of Ordinances of the City of Atlanta, as heretofore amended, shall stand further amended by striking from section 10.1.9 (1) sub-paragraph (e) thereof, and by inserting in

Page 4177

lieu thereof a new paragraph (e) of said section, which shall read as follows: (e) the Executive Secretary, Research and Information Officer, and one other confidential employee of the Mayor, but not including his private secretary who shall be under the classified service. Section 2 . A copy of this proposed amendment to the Charter of the City of Atlanta shall be filed in the Office of the City Clerk and in the office of the Clerk of the Superior Court of Fulton County, Georgia and the Notice of Proposed Amendment to the Charter of the City of Atlanta which is attached hereto as Exhibit A and made a part hereof shall 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; and a copy of said advertisement shall be attached to this ordinance prior to its final adoption by the Mayor and Board of Aldermen. Section 3 . All laws and parts of laws in conflict herewith are hereby repealed. Adopted by Board of Aldermen August 17, 1970. Notice of Proposed Amendment to the Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend section 10.1.9 (1) of Vol. I of the Charter, Related Laws and Code of Ordinances of the City of Atlanta, as amended, so as to strike sub-paragraph (e) thereof and insert a new sub-paragraph (e), so as to add to the unclassified service of the City of Atlanta the position of Research Information Officer, and for other purposes. Copy of the proposed amendment is on [Illegible Text] in the Office of the City Clerk of the City of Atlanta and in the Office of the Clerk of the Superior Court of Fulton County, Georgia

Page 4178

for purposes of examination and inspection by the public. This 24th day of July, 1970. /s/ J. J. Little, City Clerk City of Atlanta Exhibit A Affidavit of Publication. Georgia, Fulton County. Personally appeared before me, the undersigned Notary Public Patricia Wofford who after being duly sworn states under oath that she is the Advertising Accounting Clerk 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 July 24, 1970, July 31, 1970, and August 7, 1970. /s/ Patricia Wofford Sworn and subscribed before me, this 14th day of August, 1970. /s/ Julian O. Nicholson Notary Public Filed in office of Secretary of State August 27, 1970. Approved August 21, 1970. CITY OF ATLANTASICK LEAVE OF POLICEMEN. An Ordinance to amend Volume I of the charter and related laws of the City of Atlanta, as amended, so as to repeal

Page 4179

section 8.1.15 of said charter, which now provides for sick leave benefits to the members of the police department, inasmuch as it is intended for such benefits to be governed by an ordinance adopted by the board of aldermen on December 15, 1969, and approved on December 17, 1969; 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 Volume I of the Charter and Related Laws of the City of Atlanta, Georgia, as amended, is hereby amended by striking and repealing in its entirety section 8.1.15 (Ga. L. 1941, p. 1063). 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 February 16, 1970. An Ordinance by the Finance Committee. An Ordinance to amend volume I of the charter and related laws of the City of Atlanta, as amended, so as to repeal section 8.1.15 of said charter, which now provides for sick leave benefits to the members of the police department, inasmuch as it is intended for such benefits to be

Page 4180

governed by an ordinance adopted by the board of aldermen on December 15, 1969, and approved on December 17, 1969; 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 Volume I of the Charter and Related Laws of the City of Atlanta, Georgia, as amended, is hereby amended by striking and repealing in its entirety section 8.1.15 (Ga. L. 1941, p. 1063). 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. 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, Georgia, as amended, by repealing and striking in its entirety Section 8.1.5 (Ga. L. 1941, p. 1063) so as to repeal said section dealing with sick leave as such will be covered by an ordinance adopted by the Board of Aldermen on December 15, 1969, approved December 17, 1969; 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 at the Office

Page 4181

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 January, 1970. J. J. Little, City Clerk, City of Atlanta Affidavit of Publication Georgia, Fulton County. Personally appeared before me, the undersigned Notary Public, Melba Duquene who after being duly sworn states under oath that she is the Advertising Accounting Clerk 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 January 22, 29, 1970 and February 5, 1970. /s/ Melba Duquene Advertising Accounting Clerk Sworn and subscribed before me, this 16th day of February, 1970. /s/ C. L. Williams, Notary Public, Georgia State at Large. My Commission Expires Feb. 11, 1973. Filed in office of Secretary of State March 3, 1970. Approved February 18, 1970.

Page 4182

CITY OF ATLANTAUNCLASSIFIED SERVICE EMPLOYEES CHANGED. An Ordinance to amend section 9.3.18 of Volume I of the charter and related laws of the City of Atlanta of 1965, as amended, so as to add a new paragraph to said section which shall make all regular, full-time employees or commissions, councils or boards, created by the mayor and board of aldermen of the City of Atlanta, entitled to all the benefits and privileges as the other employees of the City of Atlanta and subject to all laws, ordinances and resolutions governing such employees, to provide that such employees of commissions, councils or boards shall be within the unclassified service of the civil service of the City of Atlanta, 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 9.3.18 of Volume I of the Charter and Related Laws of the City of Atlanta of 1965, as amended, be further amended by adding a new paragraph to such Section which shall read as follows: All regular, full-time employees of commissions, councils or boards, which have been previously created, or hereafter created by act of the mayor and board of aldermen of the City of Atlanta, shall be considered to be employees of the City of Atlanta. As such, they shall be entitled to all of the benefits and privileges as are other employees of the City of Atlanta, and shall be subject to all laws, ordinances and resolutions governing employees of the City of Atlanta; provided, however, such employees of said commissions, councils or boards shall be within the unclassified service of the civil service of the City of Atlanta and their employment shall be subject to termination by the respective commissions, councils or boards, which initiated their employment. Nothing herein contained shall have the effect of having considered as an employee of the City any member or officer of the above-referred to commissions, councils or boards.

Page 4183

so that said section 9.3.18, when amended, shall read as follows: As related to corporate, municipal governmental or public purposes, and for the security of the 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 or 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. All regular, full-time employees of commissions, councils or boards, which have been previously created, or hereafter created by act of the mayor and board of aldermen of the City of Atlanta, shall be considered to be employees of the City of Atlanta. As such, they shall be entitled to all of the benefits and privileges as are other employees of the City of Atlanta, and shall be subject to all laws, ordinances and resolutions governing employees of the City of Atlanta; provided, however, such employees of said commissions, councils or boards shall be within the unclassified service of the civil service of the City of Atlanta and their employment shall be subject to termination by the respective commissions, councils or boards, which initiated their employment. Nothing herein contained shall have the effect of having considered as an employee of the City any member or officer of the above-referred to commissions, councils or boards.

Page 4184

Section 2 . All ordinances and parts of ordinances in conflict herewith are hereby repealed. Adopted by Board of Aldermen August 17, 1970. Notice of Proposed Amendment to Charter of City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend section 9.3.18 Volume I of the Charter and Related Laws of the City of Atlanta of 1965, as amended, so as to add a new paragraph to said section which shall make all regular, full-time employees of the commissions, councils or boards, created by the Mayor and Board of Aldermen of the City of Atlanta, entitled to all the benefits and privileges as the other employees of the City of Atlanta and subject to all laws, ordinances and resolutions governing such employees, to provide that such employees of commissions, councils or boards shall be within the unclassified service of the civil service of the City of Atlanta, 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 Courts of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This the 13th day of July 1970. J. J. Little, City Clerk City of Atlanta Exhibit A Affidavit of Publication. Personally appeared before me, the undersigned Notary Public, Margaret Graham who after being duly sworn states under oath that she is the Advertising Accounting Clerk of

Page 4185

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 July 13, 20, 27, 1970. /s/ Margaret Graham Advertising Accounting Sworn and subscribed before me, this 4th day of August, 1970 /s/ Anne S. Collins Filed in office of Secretary of State August 27, 1970. Approved August 21, 1970. CITY OF ATLANTAUNCLASSIFIED SERVICE INCLUSIONS. An Ordinance to amend section 10.1.9 of Volume I of the charter and related laws of the City of Atlanta of 1965, as amended, by striking subparagraph (c) of section 10.1.9(1), and by inserting in lieu thereof a new subparagraph (c), so as to include in the unclassified service of the civil service of the City of Atlanta employees of commissions, councils or boards, which are created by the mayor and board of aldermen of the City of Atlanta, 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 10.1.9 of Volume I of the Charter and Related Laws of the City of Atlanta of 1965, as amended, be further amended by striking therefrom subparagraph (c) of Section 10.1.9(1), and by inserting in lieu thereof a new subparagraph (c), which shall read as follows:

Page 4186

Members of boards or special commissions appointed by the mayor or by the board of education for special purposes, who serve without compensation; as well as all employees of commissions, councils or boards, which are created by act of the mayor and board of aldermen of the City of Atlanta. Section 2 . All ordinances and parts of ordinances in conflict herewith are hereby repealed. Adopted by Board of Aldermen July 6, 1970. Notice of Proposed Amendment to Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend Section 10.1.9 of Volume I of the Charter and Related Laws of the City of Atlanta of 1965, as amended, so as to repeal said section and to enact in lieu thereof a new section which shall include within the unclassified service of the civil service of the City of Atlanta all employees of commissions, councils or boards, which are created by the Mayor and Board of Aldermen of the City of Atlanta, as well as members of boards or special commissions appointed by the Mayor or by the Board of Education for special purposes, who serve without compensation, and who are already included within said unclassified service, 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 21st day of May, 1970. J. J. Little, City Clerk City of Atlanta

Page 4187

Exhibit A Affidavit of Publication Georgia, Fulton County. Personally appeared before me, the undersigned Notary Public, Melba Duquene who after being duly sworn states under oath that she is the Advertising Accounting Clerk 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 May 22, May 28, and June 4, 1970. /s/ Melba Duquene Advertising Accounting Clerk Sworn and subscribed before me, this 8th day of May, 1970. /s/ Julian O. Nicholson Notary Public Filed in office of Secretary of State July 15, 1970. Approved July 15, 1970. CITY OF COLUMBUSCHARTER AMENDED. An Ordinance 7-10, to amend the Charter of the City of Columbus, deleting section 110 of the Charter, as codified in its entirety, and establishing a new section 110, setting forth the number of the members, the method of appointments, the terms of office, the qualifications of members and the requirements of filling vacancies 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, as amended by Ordinances

Page 4188

numbered 66-38, 66-108 and 69-21 of the City of Columbus; Also amending section 111 of the Charter of the City of Columbus, as codified, by deleting said section 111 in its entirety, and setting forth a new internal organization, Chairman, Vice Chairman, Police Committee, Fire Committee, and their duties, said section 111 appearing as Section 4 of Act Number 544 of the Acts of 1946 of the General Assembly of Georgia; Also amending section 112 of the Charter of the City of Columbus, as codified, to provide that the Secretary of the Board shall operate also as the Secretary of the Police Committee and the Fire Committee, the same appearing as section 5 of Act Number 544 of the Acts of 1946 of the General Assembly of Georgia; Also amending section 113 of the Charter of the City of Columbus, as codified, to require monthly meetings of the Police Committee and the Fire Committee, authorizing the calling of special meetings and providing for a quorum and the vote necessary for the Police Committee and the Fire Committee to take any action; Also amending section 114 of the Charter of the City of Columbus, as codified, to further define the duties of the Board of Public Safety and the Police Committee and the Fire Committee, said section 114 appearing as section 3 of Act Number 544 of the Acts of 1946 of the General Assembly as amended by Ordinance Number 68-10 of the City of Columbus. 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, as amended by Ordinances Numbered 66-38, 68-108, and 69-21 of the City of Columbus, be, and the same is hereby amended by deleting said Section in its entirety

Page 4189

and substituting in lieu thereof a new section 110 which shall read as follows: Sec. 110. Members, appointment, terms, qualifications, filling vacancies . The Board shall consist of seven (7) members to be appointed by the City Commission of the City of Columbus (hereinafter designated as Commission) to serve without compensation, two (2) of whom shall be City Commissioners. Membership on the Board shall be limited to citizens of said City and of any territory which has been annexed with the effective date of such annexation at a definite future date; eligibility of citizens of such annexed territory to serve on said Board to exist even prior to annexation. Any person while holding any public office or employment of profit, excepting that of Notary Public, shall be ineligible to serve on said Board, except the two (2) City Commissioners herein designated. The terms of office of the two (2) City Commissioners serving on said Board shall be for one year. The terms of office of existing membership shall continue, two of such terms expiring on January 1, 1971; two of such terms expiring on January 1, 1972; and one of such terms expiring on January 1, 1973. At the first regular meeting of the Commission held in January of each year hereafter, the Commission shall appoint a successor to the membership of said Board to fill the vacancy of the member or members whose term expires on said date, each successor so appointed to hold office for a term of three (3) years beginning on said 1st day of January. The authority of a member of the Board shall continue until his successor has been appointed and has qualified by taking oath faithfully to perform his duties as a member of the Board.

Page 4190

A member of the Board, after serving a full term, shall not be eligible to succeed himself as a member of the Board until the lapse of twelve months from the end of said term. Any vacancy occurring on the Board shall be filled by the Commission for the unexpired term. Section 2 . That section 111 of the Charter of the City of Columbus, as codified, the same appearing as Section 6 of Act Number 544 of the Acts of 1946 of the General Assembly of Georgia, be, and the same is hereby amended by deleting said section III in its entirety and substituting in lieu thereof a new section 111 which shall read as follows: Sect. 111. Internal Organization, Chairman, Vice Chairman, Police Committee, Fire Committee, their duties . As soon as practicable, after the appointment and qualifications of the members of said Board, they shall assemble and select from their number, a Chairman and Vice Chairman, neither of which shall be a City Commissioner. They shall also, after the Chairman has been selected, divide the remaining members of the Board into two (2) Committees, one of which shall be known as the Police Committee and one of which shall be known as the Fire Committee. Each of said Committees shall have, in its membership, one of the City Commissioners, who is a member of said Board. The Chairman shall preside at all meetings of the full Safety Board and in his absence the Vice Chairman shall preside. Section 3 . That section 112 of the Charter of the City of Columbus, as codified, the same appearing as section 5 of Act Number 544 of the Acts of 1946 of the General Assembly of Georgia, is hereby amended by adding thereto the following: The Secretary of the Board shall also keep the minutes of the Police Committee and Fire Committee, perform all clerical work necessary and attend to all such matters as may be assigned to him by the Police Committee and/or the Fire Committee.

Page 4191

Section 4 . That section 113 of the Charter of the City of Columbus, as codified, the same appearing as section 6 of Act Number 544 of the Acts of 1946 of the General Assembly of Georgia, as amended by Ordinance Number 66-38, be, and the same is hereby amended by deleting said section 113 in its entirety, and substituting in lieu thereof a new section 113 to read as follows: Sec. 113. Meetings, calling; quorum . The Board and the Police and Fire Committees shall hold regular monthly meetings at a place to be designated by the Board or the Police and Fire Committee. Special meetings may be called by the Chairman of the Board or the Chairman of the Police or Fire Committee, or by any other of its members upon one day written notice to the members, except that notice shall not be required of Board members when all seven (7) members are present at a meeting and shall not be required of Police and Fire Committee meetings when all three (3) members of such Police and Fire Committees are present at a meeting. Four (4) members of the Board shall constitute a quorum to transact business before the Board. Two (2) members of the Police Committee or Fire Committee shall constitute a quorum to transact business before such committee. The affirmative vote of at least four (4) members shall be necessary to any action by the Board. The affirmative vote of at least two (2) members shall be necessary to any action by the Police Committee or the Fire Committee. Section 5 . 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, as amended by Ordinance Number 68-10 of the City of Columbus, be, and the same is hereby amended by deleting from the second sentence of said section 114, the words and all officers, members and employees of said departments, so that the second sentence, when thus amended shall read as follows:

Page 4192

The Chief of Police and the Chief of the Fire 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, and said section 114 of the Charter of the City of Columbus, as codified, be further amended by adding thereto the following: The Police Committee and the Fire Committee shall handle the day to day routine business of the respective Departments which would include among other things, the hiring, firing and promotions of the members of that Department except as herein provided for action by the entire Safety Board. The Police Committee and the Fire Committee shall act as if it were a separate Board in all matters relating to the respective Departments with the exception of budget, policies, hiring and firing of Chiefs of the Police Department and Fire Department and the Safety Director and all other decisions which, in the judgment of the Chairman of the Safety Board, should be decided by the entire Board. The Chairman of the Safety Board shall attend all committee meetings where possible but shall have no vote in the committee meetings. Section 6 . That all Ordinances in conflict herewith be, and they are hereby repealed. Section 7 . 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

Page 4193

the date of the day for final adoption of this ordinance. Adopted by the City Commission on January 12, 1970. 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 26, 1970, said proposed Ordinance amending the Charter of the City of Columbus, deleting section 110 of the Charter, as codified, in its entirety, and establishing a new section 110, setting forth the number of the members, the method of appointments, the terms of office, the qualifications of members and the requirements of filling vacancies 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, as amended by Ordinances numbered 66-38, 68-108 and 69-21 of the City of Columbus; Also amending section 111 of the Charter of the City of Columbus, as codified, by deleting said section 111 in its entirety, and setting forth a new internal organization, Chairman, Vice Chairman, Police Committee, Fire Committee, and their duties, said section 111 appearing as section 4 of Act Number 544 of the Acts of 1946 of the General Assembly of Georgia; Also amending section 112 of the Charter of the City of Columbus, as codified, to provide that the Secretary of the Board shall operate also as the Secretary of the Police Committee and the Fire Committee, the same appearing as section 5 of Act Number 544 of the Acts of 1946 of the General Assembly of Georgia;

Page 4194

Also amending section 113 of the Charter of the City of Columbus, as codified, to require monthly meetings of the Police Committee and the Fire Committee, authorizing the calling of special meetings and providing for a quorum and the vote necessary for the Police Committee and the Fire Committee to take any action; Also amending section 114 of the Charter of the City of Columbus, as codified, to further define the duties of the Board of Public Safety and the Police Committee and the Fire Committee, said section 114 appearing as section 3 of Act Number 544 of the Acts of 1946 of the General Assembly as amended by Ordinance Number 68-10 of the City of Columbus. 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 8th day of December, 1969. /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

Page 4195

a week for three (3) weeks, to-wit: December 9, 1969, December 16, 1969 and December 23, 1969. /s/ M. R. Ashworth Sworn to and subscribed before me, this the 10th day of January, 1970. /s/ Hazel R. Jones Notary Public, Muscogee County, Georgia. 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 4th day of December, 1969, for the purpose of examination and inspection by the public. /s/ John W. Bloodworth, Clerk Sworn to and subscribed before me, this the 4th day of December, 1969. /s/ Lemuel H. Miller, Jr. Notary Public, Muscogee County, Georgia. Georgia, Muscogee County. Personally appeared before the undersigned attesting officer, Lemuel H. Miller, Jr., 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

Page 4196

the 4th day of December, 1969, for the purpose of examination and inspection by the public. /s/ Lemuel H. Miller, Jr., City Clerk Sworn to and subscribed before me, this the 4th day of December, 1969. /s/ Janice R. Colburn Notary Public, Muscogee County, Georgia. Filed in office of Secretary of State June 23, 1970. Approved January 21, 1970. CITY OF GAINESVILLEEMPLOYEES RETIREMENT FUND CONTRIBUTIONS, ETC. Ordinance HR 69-4ordinance amending the charter of the City of Gainesville, Georgia pursuant to the Municipal Home Rule Act of 1965 by providing for an increase in the amount of contributions of the City of Gainesville into the Gainesville City employee retirement fund, by providing for a different method of computation of average salary, and repealing all provisions of the Charter of the City of Gainesville, Georgia in conflict with this amending ordinance. Pursuant to the Municipal Home Rule Act of 1965 of the State of Georgia the following Ordinance amending the Charter of the City of Gainesville is herewith enacted: Section I : An Act establishing a retirement system for certain employees of the City of Gainesville, Georgia, approved February 24, 1941 (Ga. L. 1941, page 1453), as amended, is hereby amended by striking from section 2 thereof the figure 6 3/4% in reference to City of Gainesville contributions, and inserting in lieu thereof the figure 7%, so that said section, as amended, shall read as follows:

Page 4197

From and after the passage of this Ordinance the City of Gainesville shall, each month, levy upon the monthly salary of each and every salaried employee of said City, whose salary is paid by the month, an assessment of 6-3/4% of said monthly salary each month, which assessment shall be deducted from the salary of each employee by the City Clerk or other officer in charge of the payment of such salaries. The City of Gainesville shall, through its City Commission, appropriate from the funds of the City of Gainesville, and pay into the retirement fund hereby created, a sum of money equal to 7% of the aggregate amount of the salaries of the employees affected hereby. Section II : Said Act, as amended, is further amended by striking Paragraph (a) section 11 in its entirety and substituting in lieu thereof a new paragraph so that paragraph (a) of section XI as amended, shall read as follows: shall read as follows: Section 11 . Retirement Benefits. (a) An employee retiring under the provisions of this Act shall receive monthly benefits for the remainder of his life in a sum of money equal to one-half the amount of his average monthly salary during the highest paid five (5) consecutive years such employee has participated in the retirement fund, provided the employee shall have completed 25 years of aggregate service for the City of Gainesville. If the employee has not at the time of retirement, completed 25 years of aggregate service to the City of Gainesville, then the Board of Trustees shall cause to be paid to said employee a monthly sum of money equal to that percentage of one-half of his average monthly salary during the highest paid five (5) consecutive years such employee has participated in the retirement fund that his total years of service bear to 25 years. Said benefit shall be paid said retired employee from the retirement fund therein provided for on the first of each month until the death of said employee.

Page 4198

Section III : All provisions of the Charter of the City of Gainesville in conflict with this amending ordinance are hereby repealed. Adopted by City Commission February 17, 1970. Legal Notice The caption or title of the following ordinance is hereby published prior to passage as required by Charter of City of Gainesville: Ordinance HR 69-4 ordinance amending the Charter of the City of Gainesville, Georgia pursuant to the Municipal Home Rule Act of 1965 by providing for an increase in the amount of contributions of the City of Gainesville into the Gainesville City Employee Retirement Fund, by providing for a different method of computation of average salary, and repealing all provisions of the Charter of the City of Gainesville, Georgia in conflict with this amending ordinance. This is to certify that the advertisement appearing on this statement was published in our paper on the dates shown. /s/ Euline S. Nills Administrative Manager Sworn to and subscribed before me, this 18th day of February, 1970. /s/ Mary C. Gibbs Notary Public. Filed in office of Secretary of State February 24, 1970. Approved February 17, 1970.

Page 4199

CITY OF GRIFFINCHARTER AMENDED. An Ordinance to amend the Charter of the City of Griffin, Georgia so as to repeal certain Charter provisions which are in conflict with the Municipal Election Code of 1968 (Ga. L. 1968, p. 885), and to amend certain other sections of the Charter so as to conform them with the provisions of said act: to amend section 2.1. Commission established; designated governing authority , by striking the word and figure fourteen (14) from section 2.2 (b), Qualification and election of commissioners generally , and by substituting in lieu thereof the word and figure fifteen (15); by striking section 2.4, Run-off elections , in its entirety and by enacting a new section 2.4, Majority vote required , to provide that no candidate for commissioner shall be declared elected until he shall have received a majority of the votes of all the qualified voters voting in the election; to repeal section 2.6, Filling vacancies on commission , in its entirety and to enact a new section 2.6 to provide that the City shall follow the procedures defined in the Municipal Election Code of 1968 (Ga. L. 1968, p. 885, 967, as amended) pertaining to absentee voting; to amend section 3.1, Qualification of electors , by striking the word sixty therefrom and by substituting in lieu thereof the word ninety; to repeal sections 3.2, List of registered and qualified voters required; purging , 3.3, Closing of registration books; compensation of registration officers , 3.4, Procedure for voting if name not on registrar's list , 3.5, Managers of elections; challenge of voters; certification of elections , 3.6, Manner of conducting elections , 3.7, Location, cost, supervision of elections , 3.8, Contested elections , in their entirety, to renumber section 3.9, Calling of recall, referendum and initiative elections , section 3.10, Elections for recall, initiative and referendum , and section 3.11, Election offenses , as sections 3.2, 3.3 and 3.4 respectively; to repeal conflicting laws and ordinances, and for other purposes. Be it ordained by the board of commissioners of the City of Griffin and it is hereby ordained as follows:

Page 4200

Section 1 . Section 2.2 (b), Qualification and election of commissioners generally is hereby amended by striking the word and figure fourteen (14) therefrom and by substituting in lieu thereof the word and figure fifteen (15) so that when amended said sub-section shall read as follows: (b) Any person qualified under (a) above, who intends to offer for election as a member of the board of city commissioners must so indicate that intention by registering as such candidate and signing an oath that he is qualified under this section, in the office of the city manager at the city hall not later than twelve o'clock (12:00) noon, fifteen (15) days prior to the date of the election in which he proposes to be a candidate. Section 2 . Section 2.4, Run-off elections , is hereby amended by striking the same in its entirety and by enacting a new section 2.4 to read as follows: Section 2.4, Majority vote required . No candidate for commissioner shall be declared elected until he shall have received a majority of the votes of all qualified voters voting in the election. Section 3 . Section 2.6, Filling vacancies on commission , is hereby amended by striking the same in its entirety and by enacting a new section 2.6 to read as follows: Section 2.6, Absentee voting . The City shall follow the procedures defined in the Municipal Election Code of 1968 (Ga. L. 1968, p. 885, 968 as amended) pertaining to absentee voting. Section 4 . Section 3.1, Qualification of electors , is hereby amended by striking the word sixty therefrom and by substituting in lieu thereof the word ninety, so that when amended said sub-section shall read as follows: Section 3.1. Qualifications of electors . All citizens who are qualified, registered and entitled to vote for members of the General Assembly of said county shall be entitled to vote for commissioners of said city, and in all elections held

Page 4201

therein, and a list of qualified voters furnished by the Board of Registrars of Spalding County for the last regular or any special or primary election, held in said county, shall be prima facie evidence that the person whose name appears thereon is entitled to vote in said city election, provided, said voter shall have resided within the corporate limits of said city continuously for ninety days prior to the election in which he desires to vote, and has paid all taxes, licenses and assessments due by him to the City of Griffin. Section 5 . Sections 3.2, 3.3, 3.4, 3.5, 3.6, 3.7 and 3.8 are hereby repealed in their entirety and section 3.9, Calling of recall, referendum and initiative elections , section 3.10, Elections for recall, initiative and referendum , and section 3.11, Election offenses , are hereby re-numbered as sections 3.2, 3.3 and 3.4 respectively. Section 6 . All laws and parts of laws and all ordinances and parts of ordinances in conflict with this home rule amendment are hereby repealed. Passed April 14, 1970. Adopted by the Board of Commissioners on April 28, 1970. 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 14 and April 28, 1970, a proposed ordinance to amend the Municipal Charter of the City of Griffin, as follows: To repeal certain Charter provisions which are in conflict with The Municipal Election Code of 1968 (Ga. L. 1968, p. 885), and to amend certain other sections of the Charter so as to conform them with the provisions of said act; to amend section 2.1, Commission established; designated governing authority , by striking the word and figure fourteen (14) from section 2.2 (b), Qualification and election of

Page 4202

commissioners generally , and by substituting in lieu thereof the word and figure fifteen (15) so that when amended said subsection shall read as follows: (b) Any person qualified under (a) above, who intends to offer for election as a member of the board of city commissioners must so indicate that intention by registering as such candidate and signing an oath that he is qualified under this section, in the office of the city manager at the city hall not later than twelve o'clock (12:00) noon, fifteen (15) days prior to the date of the election in which he proposed to be a candidate.; to amend section 2.4, Run-off Elections , by striking the same in its entirety and by enacting a new section 2.4 to read as follows: Section 2.4, Majority vote required . No candidate for commissioner shall be declared elected until he shall have received a majority of the votes of all qualified voters voting in the election.; to amend section 2.6, Filling vacancies on commission , by striking the same in its entirety and by enacting a new section 2.6 to read as follows: Section 2.6, Absentee voting . The City shall follow the procedures defined in The Municipal Election Code of 1968 (Ga. L. 1968, p. 885, 968, as amended) pertaining to absentee voting.; to repeal Article II. Elections, of the City Code of Griffin, Georgia, and the following sections thereunder; section 2.19, Oath of managers , section 2.20, Voter's list , section 2.21, Hours of polls , and section 2.22, Counting of votes; issuance of certificate ; to amend section 3.1, Qualification of electors , by striking the word sixty therefrom and by substituting in lieu thereof the word ninety; to repeal sections 3.2, List of registered and qualified voters required: purging , 3.3, Closing of registration books; compensation of registration officers , 3.4, Procedure for voting if name not on registrar's list , 3.5, Managers of elections; challenge of voters; certification of elections , 3.6, Manner of conducting elections , 3.7, Location, cost, supervision of elections , 3.8, Contested elections , in their entirety; to re-number section 3.9, Calling of recall, referendum and initiative elections , section 3.10, Elections for recall, initiative and referendum , and section 3.11, Election offenses , as sections 3.2, 3.3, and 3.4 respectively; and to repeal conflicting laws, charter and ordinance provisions; and for other purposes.

Page 4203

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 the Courthouse and may be examined and inspected by the public at either place. The City Manager shall furnish anyone, upon written reguest, a copy of the proposed amendment. Ordered published by resolution regularly adopted this 24th day of March, 1970, by the Board of Commissioners of the City of Griffin. City of Griffin, Georgia. By /s/ Joe D. Dutton, Chairman Board of Commissioners Attest: /s/ Homer Davis, Acting City Manager Georgia, Spalding County. Personally appeared before the undersigned officer, duly authorized to administer oaths, Quimby Melton, Sr. 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 3, and 10, and 17. This 30th day fo April, 1970. /s/ Quimby Melton, Sr. Affiant Sworn to and subscribed before me, this 30th day of April, 1970. /s/ Joseph L. Woodle Notary Public, Spalding County, Georgia. Filed in office of Secretary of State May 4, 1970.

Page 4204

CITY OF JESUPSALES AND PURCHASES FOR CITY. An Ordinance to amend section 54 of the charter of the City of Jesup (Ga. L. 1937-38, extra session, pages 1142, 1168), so as to provide that the sale of any property belonging to the City having a value of over $2,500.00 shall be ratified by the qualified voters of said city; to require competitive bids on purchases by the city when the value of such purchases is in excess of $500.00; and for other purposes. Be it ordained by the Board of Commissioners for the City of Jesup that section 54 of the Charter of the City of Jesup is hereby amended by striking said section in its entirety and substituting in lieu thereof a section to read as follows: Section 54. Be it further enacted that the City Manager of said City shall make all purchases of supplies, materials and equipment for said City in such manner as the Board of Commissioners shall provide by ordinance, provided the City Manager shall give opportunity for competitive bids on purchases of supplies, materials and equipment purchased by the City where the value of such supplies, materials and equipment exceeds $500.00. All real and personal property of said City not needed for public use, or that may have become unsuited for public use, may be sold by the City, provided the sale of any property having a value of more than $2,500.00 shall be ratified by the qualified voters of said City. Adopted at meeting held May 19, 1970. /s/ R. M. Walker, Jr. /s/ E. R. Beasly /s/ Charles E. Ratton /s/ Billy Thompson

Page 4205

Attest: /s/ Maryann Landon Clerk I, Maryann Landon, Clerk of the City of Jesup, certify that this is a true and correct copy of the Original Ordinance. /s/ Maryann Landon Clerk Notice of proposed amendment to the charter of the City of Jesup. Notice is hereby given that an ordinance has been introduced to amend section 54 of the Charter of the City of Jesup so as to repeal said section in its entirety and to enact a new section which will provide for competitive purchases of all supplies purchased by the City having a value of over $500.00, and to provide that the sale of any property owned by the City shall be ratified by the qualified voters of said City when the value of said property exceeds $2,500.00. A copy of the proposed amendment to the charter is on file in the Office of the Clerk of the City of Jesup and the Office of the Clerk of the Superior Court of Wayne County, Georgia, for the purpose of examination and inspection by the public. This 23rd day of April, 1970. /s/ Maryann Landon Clerk, City of Jesup Georgia, Wayne County. Personally appeared before me, the undersigned attesting officer, W. B. Rhoden, who on oath says that he is Editor and Publisher of The Jesup Sentinel, and that the advertisement

Page 4206

attached hereto appeared in The Jesup Sentinel on April 30, 1970, May 7, 1970, and May 14, 1970. /s/ W. B. Rhoden Sworn to and subscribed before me, on this 4th day of June, 1970. /s/ W. C. Long Notary Public, State of Georgia at Large. My commission expires June 28, 1970. (Seal). Filed in office of Secretary of State June 5, 1970. CITY OF MACONGARBAGE SERVICE, ETC. An ordinance of the mayor and council of the City of Macon, adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. L. 1965, Page 298, et seq., as amended), section 69-1017 (b)1., Georgia Code, 1933, annotated, to amend the charter of the City of Macon by adding thereto a new section, to be appropriately numbered, which shall authorize and empower the mayor and council of the City of Macon by ordinance to prescribe, impose, levy and collect service charges for collecting, removing and disposing of garbage and other refuse within the limits of the City of Macon in amounts commensurate to the cost of providing such services and collecting such service charges; to fix, from time to time, the rates of such service charges; to classify the users of said services and to prescribe different rates for different classes of such users; to provide for the method of collection of such service charges; to provide for enforcement of payment of such service charges; to prescribe penalties for failure to pay such service charges; and to adopt all other and further provisions that may be needful and necessary to carry out the authority granted; and for other purposes.

Page 4207

Be it ordained by the Mayor and Council of the City of Macon, and it is hereby ordained by authority of the same that, under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. L. 1965, Page 298, et seq., as amended), section 69-1017(b)1., Georgia Code 1933, Annotated, the Charter of the City of Macon, as the same has heretofore been amended, is hereby further amended by adding thereto a new provision to be designated and codified as section 23(a) of the Charter of the City of Macon as the same is set forth and codified in the 1962 Code of Ordinances of the City, as follows: Section 1 . The Mayor and Council of the City of Macon is authorized and empowered by ordinance to prescribe, impose, levy and collect service charges for collecting, removing and disposing of garbage and other refuse within the limits of the City of Macon in amounts commensurate to the cost of providing such services and collecting such service charges; to fix, from time to time, the rates of such service charges; to classify the users of said services and to prescribe different rates for different classes of such users; to provide for the method of collection of such service charges; to provide for enforcement of payment of such service charges; to prescribe penalties for failure to pay such service charges; and to adopt all other and further provisions that may be needful and necessary to carry out the authority herein granted. Section 2 . The amendment to the Charter of the City of Macon, adopted by this ordinance, shall become effective immediately upon the adoption of this ordinance by Council, approval thereof by the Mayor and filing with the Secretary of State of Georgia and the office of the Bibb County Superior Court Clerk, as required by section 69-1020, Georgia Code, 1933, Annotated. Adopted by Council this 17th day of November, 1970.

Page 4208

Legal Notice. Notice is hereby given that the Mayor and Council of the City of Macon proposes to adopt by ordinance an amendment to the city charter of the City, pursuant to the Home Rule Act of 1965 of the State of Georgia, which shall authorize and empower the Mayor and Council by ordinance to prescribe, impose, levy and collect service charges for collecting, removing and disposing of garbage and other refuse within the limits of the City of Macon in amounts commensurate to the cost of providing such services and collecting such service charges; to fix, from time to time, the rates of such charges; to classify the users of said services and to prescribe different rates for different classes of such users; to provide for the method of collection of such service charges; to provide for enforcement of payment of such service charges; to prescribe penalties for failure to pay such service charges, and to adopt all other and further provisions that may be needful and necessary to carry out the aforesaid authority. A copy of the proposed charter amendment is on file in the office of the Clerk of Council, City Hall, Macon, Georgia, and in the office of the Bibb County Superior Court Clerk, Courthouse, Macon, Georgia, for purpose of examination and inspection by the public. This October 31st, 1970. Lawton Miller City Attorney Georgia, Bibb County. Personally appeared before me, a Notary Public within and for above State and County, Brenda Jarrell 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

Page 4209

been published in The Macon News on the following dates: October 31, 1970, November 7, 1970, November 14, 1970. /s/ Brenda Jarrell Sworn to and subscribed before me, this 14th day of November, 1970. /s/ Hugh P. Harper Notary Public, Bibb County, Georgia. Filed in office of Secretary of State November 21, 1970. Approved 17th day of November, 1970. CITY OF THOMASVILLESEWAGE SYSTEM CHANGES. An Ordinance to amend the charter of the City of Thomasville, which was established by an act approved October 3, 1889, entitled `an act to incorporate the Town of Thomasville as the City of Thomasville'; as amended by several subsequent acts, which acts and amendments provides for the construction and operation of A General Sewerage System in the City of Thomasville and for the Appropriation of Funds for that purpose; which charter provisions shall be amended to provide that any person desiring to connect to such Sewerage System will be charged according to ordinances and regulations of the City of Thomasville adopted pursuant to the authority of this amendment; to provide for the payment of such charges on an installment basis; payable monthly in amounts sufficient to retire such charges in a period of time to be determined by the person so desiring such amortization, within the limits prescribed by ordinance, and in accordance with ordinances of the city passed for the purpose of controlling such situations; the time and details of such payment and interest which it is to bear to be determined within the terms of such ordinances adopted by the City of Thomasville; such authority as contained herein shall be adopted as section 35-A of the charter of the City of Thomasville as codified; to provide

Page 4210

for the giving of the prescribed notice as required by the Municipal Home Rule Act of 1965, which notice shall be published once a week for three (3) weeks preceding the final adoption of this ordinance; to provide the effective date of this ordinance; to repeal all ordinances in conflict herewith; and for other purposes. Section 1 . Be it ordained by the Board of Commissioners for the City of Thomasville, and it is hereby ordained by authority of the same, that the Charter of the City of Thomasville as established by an Act approved October 3, 1889, entitled `An Act to Incorporate the Town of Thomasville as the City of Thomasville'; as amended by several subsequent acts, which amendment shall provide for the payment of sewerage connection fees on an installment basis and to insert into the Charter a new section, which section will become section 35-A of the Charter of the City of Thomasville, as codified, such new and complete section to read as follows: Section 35-A. Amortization of Charges for Sewer Connections . (1) Any person desiring to tap on to the sewerage system of the City, may do so subject to the rules and regulations prescribed elsewhere in this Charter and applicable ordinances adopted by the controlling body of the City for that purpose; and the controlling body of the City is hereby authorized to collect the charges for such connection in cash in advance or on an amortized basis with the terms of payment and interest rates to be established, from time to time, by the controlling body of the City and within the authority contained in this section; the City is hereby given the power to charge legal rates of interest on all amortized payments and to make the terms of such payments extend over as many months or years as the City may by ordinance prescribe. (2) The passage of an ordinance for the connection of an individual property sewer line to any existing sewer lateral of the City, together with an ordinance determining the cost of the same and assessing the charges against the

Page 4211

property of any person not paying in full his or her tapping fee, as prescribed by ordinance, shall, when properly entered on the minutes of the Board of Commissioners be notice of such lien from the date of the approval of such ordinance for such sewerage tap as fully and completely as if the same were in shape of an execution, and entered on a docket of the Clerk of the Superior Court under the general registration law. The Clerk of the City shall maintain an assessment roll for all unpaid sewer tap fees. Section II . Be it further ordained that all portions of the Charter or amendments thereto or all ordinances in conflict herewith be and the same are hereby repealed. Section III . Be it further ordained that the amendment affected by this ordinance shall become effective on and after the final passage of this ordinance. Section IV . Be it further ordained that a notice, copy of which is attached hereto, be made a part hereof, which notice embodies, among other things, the substance of this ordinance with a certificate of the President of that corporation known as the Times-Enterprise Company, Inc. and that that corporation publishes the Thomasville Times-Enterprise Daily Edition, the official organ of Thomas County in which the City of Thomasville is located, said certificate showing that the above and foregoing notice was published once a week for three weeks within a period of 60 days immediately preceding the date of the day of final adoption of this ordinance. Adopted by the Board of Commissioners February 9, 1970. Notice of intention to amend the charter of the City of Thomasville by ordinance pursuant to the provisions of that act of the General Assembly of Georgia known as the Municipal Home Rule Act of 1965.

Page 4212

Notice is hereby given that an Ordinance will be introduced and read for final adoption on February 9, 1970; to amend the Charter of the City of Thomasville, which was established by an Act approved October 3, 1889, entitled `An Act to Incorporate the Town of Thomasville as the City of Thomasville'; as amended by several subsequent acts; which amendment will add a new provision to the Charter of the City of Thomasville to provide that any person desiring to connect to such sewerage system will be charged according to ordinances and regulations of the City of Thomasville adopted pursuant to the authority of this amendment; to provide for the payment of such charges on an installment basis; payable monthly in amounts sufficient to retire such charges in a period of time to be determined by the person so desiring such amortization, within the limits prescribed by ordinance, and in accordance with ordinances of the City passed for the purpose of controlling such situations; the time and details of such payment and interest which it is to bear to be determined within the terms of such ordinances adopted by the City of Thomasville; such authority as contained herein shall be adopted as section 35-A of the Charter of the City of Thomasville as codified; to provide the effective date of this Ordinance; to repeal all Ordinances in conflict herewith; and for other purposes. A copy of this proposed Amendment to the Charter of the City of Thomasville is on file in the Office of the Clerk for the City of Thomasville, and also on file in the Office of the Clerk of the Superior Court of Thomas County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This the 14th day of January, 1970. B. B. Earle, Jr. Attorney for the City of Thomasville, Georgia

Page 4213

Georgia, Thomas County. Personally appeared before me, the undersigned attesting officer, Lee E. Kelly, Jr., who, on oath, deposes and says that he is the President of that corporation known as the Times-Enterprise Company, Inc. and that that corporation publishes the Thomasville Times-Enterprise Daily Edition; and that the Thomasville Times-Enterprise Daily Edition published on the Friday of each week is the newspaper in which Sheriff's Advertisements for Thomas County, Georgia are published. Further deposing, he says that as President of that corporation, he is the person duly vested with authority to sign for the corporation in all such matters and things as contained in this affidavit, and further says that the foregoing and attached notice of intention to amend the Charter of the City of Thomasville, was published in the Thomasville Times-Enterprise Daily Edition on the sixteenth (16th), the twenty-third (23rd), and the thirtieth (30th) days of January, 1970. This the 4th day of February, 1970. /s/ Lee E. Kelly, Jr., President of the Times- Enterprise Company, Inc. Sworn to and subscribed before me, this the 4th day of February, 1970. /s/ B. B. Earle, Jr., Notary Public Thomas County, Georgia My Commission Expires October 23, 1970. Filed in office of Secretary of State February 12, 1970. Approved February 9, 1970.

Page 4215

VETOES 1971 SESSION Veto No. Bill No. Subject Veto Date No. 1 HB 268 Henry Co. Bus. License Tax 3-16-71 No. 2 HB 1064 Towns Co. Sheriff Salary 3-18-71 No. 3 SB 2 State Athletics CommissionCreation of. 3-17-71 No. 4 HB 721 Provide 3 Parking Spaces each for Gov., Lt. Gov. and Speaker 3-17-71 No. 5 HB 632 MFPE Funds Transferred be Considered Lapsed 3-29-71 No. 6 SB 4 Dept. Public SafetyEmp. Retirement Time 4-7-71 No. 7 SB 230 ArchitectsApplicants Delete U.S. Citizens 4-7-71 No. 8 HB 1017 Waycross Jud. Circuit Court Reporter Salary 4-8-71 No. 9 HB 148 Legislative BranchMerit System Status 4-10-71 No. 10 HR 244-772 Pulaski Co. Clk. Superior CourtLaw Books 4-12-71 No. 11 HB 661 Ga. Scenic Trail Ways SystemCreation of 4-13-71 No. 12 SB 143 Fulton Co. Director of Registration and Elections 4-13-71 No. 13 SB 145 Fulton Co.Director of Registrations and Elections 4-13-71 No. 14 SB 260 TrucksForest ProductsLicense Fees 4-13-71 No. 15 SB 280 Clinical Laboratory SchoolsLicense 4-13-71 No. 16 HR 57-135 Conveyance of State Owned Property 4-13-71 No. 17 SB 7 PropertyGood TitleAdverse Possession 4-13-71 No. 18 SB 139 Motor VehicleTransport and Deposit Loads 4-14-71 No. 19 HR 353-1043 State PropertiesLease and Sell Certain Property 4-14-71 No. 20 HR 135-385 Cobb CountyConvey Certain Real Property 4-16-71

Page 4217

COUNTIES AND SUPERIOR COURT CIRCUITS

Page 4218

APELLATE COURTS SUPREME COURT OF GEORGIA BOND ALMAND Chief Justice CARLTON MOBLEY Presiding Justice BENNING M. GRICE Associate Justice H. E. NICHOLS Associate Justice HIRAM K. UNDERCOFLER Associate Justice JULE W. FELTON Associate Justice PEYTON S. HAWES Associate Justice WILLIAM C. TALMADGE Law Assistant MISS MAUD SAUNDERS Law Assistant MRS. MARGARET WARE DEIMLING Law Assistant BEN G. ESTES Law Assistant MRS. EFFIE A. MAHAN Law Assistant CHARLES N. HOOPER Law Assistant H. GRADY ALMAND, JR. Law Assistant MRS. JOLINE BATEMAN WILLIAMS Clerk MRS. EVA F. TOWNSEND Deputy Clerk MRS. HAZEL E. HALLFORD Deputy Clerk GEORGE H. RICHTER, JR. Reporter GUY M. MASSEY Asst. Reporter COURT OF APPEALS OF GEORGIA JOHN SAMMONS BELL Chief Judge ROBERT H. JORDAN Presiding Judge ROBERT H. HALL Presiding Judge HOMER C. EBERHARDT Judge CHARLES A. PANNELL Judge BRASWELL D. DEEN, JR. Judge J. KELLEY QUILLIAN Judge GEORGE P. WHITMAN, SR. Judge RANDALL EVANS, JR. Judge RICHARD L. RICE Law Assistant JOHN ANDY SMITH, JR. Law Assistant MRS. CYNTHIA T. BEATTIE Law Assistant JULIAN H. STEWART Law Assistant LOUIS A. PEACOCK Law Assistant MISS ALFREDDA SCOBEY Law Assistant T. MIL CLYBURN Law Assistant MARSHALL HELMS Law Assistant ROBERT H. BRINSON, JR. Law Assistant MORGAN THOMAS Clerk MISS EDNA E. BENNETT Deputy Clerk GEORGE H. RICHTER, JR. Reporter GUY M. MASSEY Asst. Reporter

Page 4219

SUPERIOR COURT CALENDAR FOR 1971 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, DURWOOD T. PYE, LUTHER ALVERSON, J. C. (JEP) TANKSLEY, SAM P. McKENZIE, 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 Monday in March; third Monday in August. McIntoshFourth Mondays in February and May; second Monday in September; first Monday in December. TattnallThird Mondays in April and October.

Page 4220

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., Judge, 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; fourth Monday in August; and 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 4221

CHATTAHOOCHEE CIRCUIT. HONS. J. ALVAN DAVIS, Presiding Judge, P. O. Box 789, Columbus, JOHN H. LAND, Judge, R.F.D., Whitesville Rd., Columbus, OSCAR D. SMITH, JR., Judge, Columbus. E. MULLINS WHISNANT, D.A., Hamilton 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 December; second Monday in September; fourth Monday in May. CLAYTON CIRCUIT. HONS. HAROLD BANKE, Chief 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, JR., Judge, Marietta BEN F. SMITH, D.A., Marietta. CobbSecond Mondays in January, March, May, July, September and November.

Page 4222

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, 414 Pinecrest Dr., Albany. ROBERT W. REYNOLDS, D.A., 230 Pine Ave., Albany. DoughertySecond Mondays in January, March, May, July, September, and November.

Page 4223

DUBLIN CIRCUIT. HON. W. H. (BILL) WHITE, Judge, Dublin. N. G. REEVES, JR., D.A., P.O. Box 625, Dublin 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. EDWIN A. McWHORTER, DUNBAR HARRISON, GEORGE E. OLIVER, 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. BEN J. MILLER, D.A., Thomaston. FayetteFirst and second Mondays in March; second and third Mondays in September. PikeThird and fourth Mondays in February and November. 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 4224

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. CULPEPPER, 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 4225

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; second 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; third Monday in September. UnionThird Monday in April; fourth Monday in 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 Monday in October; fourth Monday in March; first Monday in August. HartFirst Mondays in February and October; fourth Monday in May. MadisonThird Mondays in February and August. OglethorpeThird Monday in April; first Monday in November.

Page 4226

OCMULGEE CIRCUIT. HONS. GEORGE S. CARPENTER, Judge, Milledgeville, GEORGE L. JACKSON, Judge, Gray FRANCIS P. SANCHEZ, D.A., 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. BullochThird Mondays in February, May, August, and November. EffinghamThird Monday in June; 1st Monday in December. JenkinsThird Mondays in March and September. ScrevenThird Mondays in January, April, July and October.

Page 4227

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 and second Mondays in April and October. BarrowFirst and second Mondays in February and August; first Mondays in May and November. JacksonFirst and second Mondays in March; second and third Mondays 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. A. WALLACE CATO, D.A., P. O. Box 65, Bainbridge. BakerThird Mondays in January and July. CalhounLast Mondays in May and November. DecaturFirst Mondays in February, May and November. GradyThird Mondays in March, August and September. MitchellSecond Mondays in January and July; third Mondays in April and October.

Page 4228

SOUTHERN CIRCUIT. HONS. MARCUS B. CALHOUN, Thomasville; OMER W. FRANKLIN, JR., Valdosta, Judges. GEORGE A. HORKAN, JR., D.A., Moultrie. BrooksFirst Mondays in May and November. ColquittFirst Mondays in January, April, July and October. EcholsFirst Mondays in February and August. LowndesFirst Mondays in March, June, September and December. 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; 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 Mondays in January, April, July and October. RockdaleFirst Mondays in February, May, August and November. TALLAPOOSA CIRCUIT. HON. DAN WINN, Chief Judge, Cedartown. HAROLD L. MURPHY, Judge, Buchanan. 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 4229

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 4230

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 4231

INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Alpharetta, City of; homestead exemption, proposed amendment to the constitution 955 Aragon, City of; homestead exemption, proposed amendment to the constitution 980 Cartersville, City of; homestead exemption, proposed amendment to the constitution 952 Chatham County; tax collection, proposed amendment to the constitution 964 Chatham County; water, sewage, etc., taxation, proposed amendment to the constitution 962 Cobb County; education districts, proposed amendment to the constitution 966 Dalton, City of; telephone communications, proposed amendment to the constitution 977 Decatur, City of; homestead exemption, proposed amendment to the constitution 940 Dougherty County; garbage franchise, proposed amendment to the constitution 974 Dougherty County; motor vehicle tax; proposed amendment to the constitution 972 East Point, City of; homestead exemption, proposed amendment to the constitution 959 Elections; residence requirements provided by legislature, proposed amendment to the constitution 938 Floyd County; recall, county officers, proposed amendment to the constitution 968 Glynn County; business licenses, proposed amendment to the constitution 975 Griffin, City of; increase in employees' retirement benefits, proposed amendment to the constitution 935 Hapeville, City of; homestead exemption, proposed amendment to the constitution 957 Henry County; taxation for water and sewage, proposed amendment to the constitution 950 Homestead exemptions; federal old age, survivor or disability benefits not included in, proposed amendment to the constitution 947 Jasper, City of; homestead exemption, proposed amendment to the constitution 970 Newton County; business licenses, proposed amendment to the constitution 945 Newton County; water and sewage, etc., proposed amendment to the constitution 942 Perry, Town of; telephone system 934

Page 4232

Polk County; ad valorem tax collection, proposed amendment to the constitution 978 Richmond County; capital improvement tax exemption, proposed amendment to the constitution 936 CODE SECTIONS 9-105Amended Bar Examiners, board of, amendment 763 14-1811Enacted Banking emergencies 812 14-1812Enacted Banking business restricted 812 21-101Amended Coroners, election, 165,000-185,000 676 21-105Amended coroner placed on salary, 165,000-175,000 239 21-105Amended Coroner, fees of 370 21-105Amended Coroner's fees, 13,365-14,765 456 21-105Amended Coroner's fees, 33,000-34,000 472 23-1704Amended Contractors, bonds, 165,000-185,000 677 Title 24Amended Costs in civil proceedings 214 24-1716Amended Ordinary's fees changed 591 24-1801Amended Court of ordinary, clerk, 20,600-21,000 538 24-2727Amended Superior Court clerks' fees amended 699 , 774 Title 24AEnacted Juvenile Court Code of Georgia 709 Chapter 26-21Amended Obscene matters, public nuisance, etc. 344 27-903Amended Bail, right to, etc. 408 27-1802Enacted Criminal cases, direction of verdicts 460 27-2101Amended Criminal procedure, joint indictments 891 29-301Amended Deeds, covenants, land, time limitation, exception 814 30-102Amended Drug addiction, ground for divorce 361 32-111Amended Board of RegentsCompensation 233 Chapter 32-19Enacted Health and Physical Education courses required 299 Title 34Amended Elections, date of, general primary, etc. 602 34-501Amended Municipalities, use of county voters' list, 400,000-600,000 634 34-604Amended School principals, etc, as registrars 270 36-104.1Amended State Properties Acquisition Law amended 426 38-1501Amended Witnesses, fees, 145,000-165,000 437 38-1713Enacted Cross examination nor evidence on same subject waives objection 460 39-705Amended Superior Court Clerks' fees 699 40-411Repealed Budget Analyst 67 47-107Amended General Assemblysalary and expense changes 207 49-604Amended Guardians, superintendent's affidavit, for 790 56-407AAmended Uninsured motorists, coverage limits increased 926 56-713(5)Amended Georgia Insurance Code amended 887

Page 4233

56-1016Amended Insurers, investments in corporate bonds, conditions 629 56-2430.1Amended Insurance, cancellation, renewal, etc. 658 56-3206Enacted Insurance, fire insurance, conclusive value, etc. 657 59-106Amended Juries, composition of, 100,000-160,000 454 59-108Amended One traverse jury box for all courts in county 626 59-120Amended Compensation of jurors bailiffs 205 61-302Amended Landlord and tenant, summons 536 61-303Amended Landlord and tenant, answer 536 68-260Amended Motor vehicles, governmental, license plates 667 71-105Amended Superior Court clerks' fees 699 79A-705Amended Dangerous drugs, labels, information on 406 79A-9917Enacted Drugsfirst offense, conditional discharge 271 Chapter 84-3Amended Architects, examination fees, etc. 374 84-303Amended Architects, qualifications of 836 84-508Amended Chiropractors, examinations 455 84-521Amended Chiropractors, license fees 260 84-903Amended Board of Medical Examiners 689 84-1105Amended Optometry, board of examiners, fees 425 84-1109Amended Optometrists, certificate renewal 234 Title 88Amended Hospitalization of alcoholics and drug users 273 88-108Amended Sanitary facilities, construction sites, public assembly, etc. 669 88-502.15Amended Mentally ill, hospitalization notice 784 88-502.15Amended Mentally ill persons, notice of actions 623 88-502.19Enacted Mentally illGuardian ad litem, expiration of appointments 897 88-504.2Amended Mentally ill, ordinary may order taking into custody 796 Chapter 88-9Amended Air quality control 183 Chapter 88-9Amended Air quality control 184 Chapter 88-29Enacted Medical Consent Law 438 88-915A Enacted Air quality control, judgment procedure 193 Chapter 88-12AEnacted Control of mass gatherings 252 91-109A-1Enacted State Properties Control Code amended 578 91-8Amended Public property, sale of, 600,000 or more 646 Chapter 91-8AEnacted State property, central inventory 400 91-804AAmended Public property, sale of, 165,000-185,000 678 92-1402Amended Aviation Gas defined 529 92-1403Amended Aviation gas, exemption 529 92-1403Amended Motor fuel excise tax 81 92-1403Amended Motor fuel tax law 330 92-1405Amended Aviation gas dealers 529 92-1406Amended Bond, distributors 529

Page 4234

92-1407Amended Motor fuel tax law 330 92-1413Amended Distributors, records 529 92-1417Amended Distributor, default, tax 529 92-1418Amended Motor Fuel tax law 330 92-1418Amended Motor fuel tax, refunds 529 92-2950 through 92-2961Repealed Rolling stores 348 Chapter 92-31Amended Income tax law amended 605 92-3108Amended Net income defined same as federal code 350 92-3109Amended Income tax, medical care defined 371 Chapter 92-32 Amended Income tax law 605 92-3211Amended Income tax, failure to timely file 671 92-3216Amended Income tax returns, preservation, time 819 92-3304Amended Income tax, interest on 673 Chapter 92-33Amended Income taxes, underpayment of 376 92-6402Amended Tax, non-payment, 165,000-185,000 675 92-6911Amended Notice to county taxpayers of changes 33 Chapter 94-9Amended Eligibility to take medical examination, aliens 223 Chapter 100-1Amended State Depositories Act 553 105-1105Enacted Transfusions 457 105-1306Amended Illegitimate child, dependency on, requirement stricken 359 109A-2-316Amended Transfusions, etc., no implied warranty 458 113-903Amended Adopted children, inheritance rights 403 113-1507Amended Wills, payment of estate debts, time of 433 113-1526Amended Wills, payment of estate debts, suits 433 113-2310Enacted Wills, administrator, discharge 433 113-2311Enacted Wills, administrator, discharge 433 113-2312Enacted Wills, corporate administrator, discharge 435 Title 114Amended Workmen's Compensation Act amended 895 COURTS SUPREME COURT Supreme Court; Optional retirement benefits 99 Remittitur, death sentences 212 COURTS OF APPEALS Optional retirement benefits 99 SUPERIOR COURTS Alapaha Circuit; court reporter, compensation 561 Alapaha Circuit; terms changed 459 Atlanta Circuit; judge, added 904

Page 4235

Atlantic Circuit; judge added 918 Augusta Circuit; district attorney, chief assistant, salary 539 Augusta Circuit; judge added 471 Augusta Circuit; judges, supplemental salary increased 850 Bartow; clerk's compensation changed 2993 Bibb; terms for grand jury drawing 2503 Blue Ridge Circuit; additional court reporter 9 Bulloch; clerk's typist, compensation 3038 Carroll; clerk placed on salary 2363 Catoosa; clerk's compensation 2543 Catoosa; district attorney's clerk-typist, salary 325 Chattahoochee; district attorney's salary supplemented 231 Chattooga; clerk's compensation 2776 Cherokee; clerk's personnel, salaries 2791 Clayton Circuit; assistant district attorney, etc. 326 Clayton Circuit; judges' supplemental salaries changed 310 Cherokee; clerk's personnel, salaries 2791 Clerks; attendance, court of ordinary, 6,700-6,825 2299 Clerks; certain counties, service in superior and inferior courts, act repealed 2826 Clerk; placed on salary, 8,250-8,330 3136 Clerk's compensation; 145,000-165,000 3103 Clerks; costs, escape, State facilities 572 Clerks; duties, 2,300-2,400 3441 Clerks; fees changed 699 , 774 Clerks; fee, property transfer tax 266 Clerks; Retirement Act amended 228 , 321 Cobb; clerk, etc., salary changed 3143 Cobb Circuit; investigator's salary changed 312 Costs; deposit in civil cases 214 Court reporters, 145,000-165,000 2966 Dade; clerk, salary 3824 District attorney, assistants, multiple judge circuits 824 Dublin Circuit; court reporter, salary 548 Echols; terms changed 3254 Grady; clerk placed on salary 2423 Griffin Circuit; court reporter, compensation changed 523 Gwinnett Circuit; assistant district attorney 70 Gwinnett Circuit; judge's duties as Juvenile Court judge deleted 853 Habersham; terms changed 680 Hall County; sheriff and clerk, salaries 2538 Harris; clerk's salary 2547 Hart; clerk's employees, compensation increased 3058 Houston; clerk, submission of budget, time for 2445 Houston Circuit; creation, effective date 647 Johnson; clerk placed on salary 2630 Judge's executive secretary, calendar clerk, 145,000-165,000 2965 Law assistants, 145,000-165,000 2261 Lee; deputy clerks 2225 Lookout Mountain Circuit; district attorney's clerk-typist, salary changed 325

Page 4236

Mountain Circuit; court reporter, salary change 316 Mountain Circuit; Habersham; terms changed 680 Muscogee; clerk's salary changed 2244 Newton; clerk's compensation 3003 Piedmont Circuit; judge's secretary 865 Rockdale; clerk's compensation 2014 Southwestern Circuit; court reporter, salary 541 Spalding; clerk, salary 3985 Stephens; clerk, compensation 2737 Sumter; clerk, compensation changed 3014 Sumter; court terms 3911 Juvenile Court, transfer back of questions 618 Tallapoosa Circuit; judge added 74 Taylor; clerk placed on salary 3190 Walker; clerk, compensation changed 2319 Walton; clerk, salary 3084 Warren; clerk, compensation 2522 Washington; clerk, compensation changed 2462 Washington; clerk, submission of budget 2295 Wayne; clerk, salary, referendum 2678 Western Circuit; investigator 681 CITY COURTS Sumter; clerk's compensation changed 3014 CRIMINAL COURTS Fulton; salary of solicitor general 3809 Fulton; solicitor general, assistants, salaries 4056 CIVIL COURTS Richmond; act amended 2745 Richmond; judge emeritus positions 3872 MUNICIPAL COURTS Atlanta, act amended, costs 3802 Atlanta, practice and procedure amended 2971 Columbus, Muscogee, salaries of officers changed 2241 Richmond; judge emeritus positions 3872 Savannah; act amended 2901 JUVENILE COURTS Cobb; judge's compensation 3097 Fulton County, judges, salaries increased 2304 Gwinnett Circuit, judge relieved of duties 853

Page 4237

Judge's salary, 165,000-175,000 2236 Judges, salaries, 165,000-185,000 4087 Transfer, questions back to superior court 618 145,000-165,000, population figures changed 622 Code of Georgia 709 STATE COURTS Associate judge; 145,000-165,000 3053 Bibb; assistant solicitors 2947 Candler; judge, solicitor, salaries 3131 Carroll; judge's compensation, etc. 2366 Chattooga; judge, solicitor, salaries 2785 Clarke; special investigator, office abolished 2984 Clinch; judge, solicitor, salaries 2644 Cobb; clerk, membership in retirement system 2822 Cobb; judge, clerk, salaries changed 3148 Cobb; jurisdiction extended 3502 Cobb; solicitor, etc. 3605 Colquitt; judge, solicitor, salary changes 3081 Columbus, City of; city court changed to 2532 DeKalb; judges' compensation 2545 Effingham; judge's salary changed 2482 Glynn; judge, clerk, etc. 2056 Hall; clerk's salary changed 2538 Hall; terms 2505 Jackson; judge, solicitor, salaries 3181 Judge emeritus; 150,000-165,000 2237 Judges; certain; secretary, 145,000-165,000 2859 Judge, solicitor, etc.; compensation, 145,000-165,000 3103 Johnson; judge, solicitor, salaries 2617 Muscogee; judge, solicitor, etc., salaries 2246 Polk; judge's compensation 3816 Screven; judge, solicitor, salaries 3177 Solicitor, assistant; 145,000-165,000 2960 Stephens; judge, solicitor, salaries 2731 Tift; created 2468 COUNTIES AND COUNTY MATTERS NAMED COUNTIES Atkinson; court reporter, compensation, method 561 Atkinson; superior court terms changed 459 Bacon; joint planning commission, act amended 3666 Baldwin; Board of Education, land conveyance 848 Banks; commissioners, chairman of, salary 4081 Banks; secretary to judge 865 Barrow; board of education, members, powers 3919 Bartow; commissioner's compensation 2991

Page 4238

Barrow; secretary to judge 865 Bartow; ordinary's compensation changed 2995 Bartow; sheriff's compensation changed 2988 Bartow; superior court clerk's compensation 2993 Bartow; tax commissioner's salary changed 2455 Berrien; board of education, new, referendum 3044 Berrien; court reporter, compensation, method 561 Berrien; superior court terms changed 459 Bibb; board of education, etc., members, number, referendum 3926 Bibb; efficiency and economy commission 2997 Bibb; State Court; assistant solicitors 2947 Bibb; superior court; terms for drawing grand juries 2503 Brooks; airport authority act 3402 Brooks; board of education, members' compensation, referendum 2892 Brooks; sheriff's compensation 3021 Bryan; commissioners' salaries changed 2337 Bryan; additional judge 918 Bulloch; deputy sheriff, compensation 3035 Bulloch; superior court, clerk's typist, compensation 3038 Burke; chief ass't district attorney, salary 539 Burke; judge added 471 Burke; judges' supplemental salaries increased 850 Burke; ordinary's compensation 2556 Burke; sheriff's salary changed 2458 Butts; board of education members, referendum 3762 Butts; commissioners, purchases and sales 3566 Butts; fiscal year provision, etc. 3596 Butts; water authority act amended 3568 Calhoun; ordinary placed on salary 2914 Candler; ordinary's supplemental salary increased 3079 Candler; state court, judge, solicitor, salaries 3131 Carroll; clerk placed on salary 2363 Carroll; commissioners, compensation 3989 Carroll; ordinary placed on salary 2360 Carroll; sheriff, compensation 4064 Carroll; State Court, judge's compensation, etc. 2366 Carroll; tax commissioner, salary 3992 Catoosa; deputy sheriffs, compensation 3954 Catoosa; district attorney's clerk-typist, salary changed 325 Catoosa; superior court, clerk's compensation 2543 Chatham; tax collection, proposed amendment to the constitution 964 Chatham; water, sewage, etc., taxation, proposed amendment to the constitution 962 Chattahoochee; district attorney, salary supplement 231 Chattooga; commissioner's compensation 2774 Chattooga; district attorney's clerk-typist, salary change 325 Chattooga; ordinary's compensation 2779 Chattooga; sheriff's compensation 2782 Chattooga; State Court; judge, solicitor, salaries 2785 Chattooga; superior court, clerk's compensation changed 2776

Page 4239

Chattooga; tax commissioner, compensation 2788 Cherokee; additional court reporter 9 Cherokee; certain county employees, compensation 2791 Cherokee; commissioner's clerk, salary 2635 Cherokee; ordinary's salary, etc. 2352 Clarke; (Athens) Charter commission, referendum 2042 Clarke; board of education, new, referendum 2691 Clarke; investigator provided 681 Clarke; special investigator, state court, office abolished 2984 Clarke; treasurer's office abolished 2986 Clayton; act repealed abolishing treasurer 2340 Clayton; board of commissioners, qualifications 3208 Clayton; campaign posters prohibited 2264 Clayton; civil service system act amended 3827 Clayton; commutation tax, repealed 2338 Clayton; county funds 2331 Clayton; court reporter, salary change 316 Clayton; district attorney, additional personnel 326 Clayton; judges, supplemental salaries 310 Clayton; ordinary's compensation 3010 Clayton; pension board created 2917 Clayton; planning and zoning act amended 3054 Clayton; public nuisance, accumulating junk 2822 Clayton; taxes, fire districts, levy of 3814 Clinch; commissioners, chairman of, salary 2642 Clinch; court reporter, compensation, method 561 Clinch; state court; judge, solicitor, salaries 2644 Clinch; superior court terms changed 459 Clinch; tax commissioners, office of, created 3759 Cobb; board of commissioners, salary changes 3150 Cobb; education districts, proposed amendment to the constitution 966 Cobb; investigator, salary change 312 Cobb; juvenile court, judge's compensation 3097 Cobb; Marietta Water Authority Act, bonds 3485 Cobb; recreation act amended 4039 Cobb; sheriff, etc., compensation, changed 3143 Cobb; state court, clerk, membership in retirement system 2822 Cobb; state court, judge, clerk, salaries changed 3148 Cobb; state court; jurisdiction extended 3502 Cobb; state court, solicitor provided, etc. 3605 Cobb; tax commissioner, compensation 4036 Coffee; county commissioners, compensation 3193 Colquitt; state court, judge, solicitor, salary changes 3081 Colquitt; tax commissioner's compensation 4129 Columbia; Chief Ass't. District Attorney, salary 539 Columbia; judge added 471 Columbia; judges' supplemental salaries increased 850 Cook; court reporter, compensation, method 561 Cook; superior court terms changed 459

Page 4240

Coweta; city court, solicitor's secretarial compensation 2584 Coweta; ordinary's clerical help, compensation 2587 Crawford; tax commissioner's compensation 2974 Dade; district attorney's clerk-typist, salary change 325 Dade; superior court clerk, salary 3824 Decatur; board of education, membership, referendum 2649 Decatur; deputy sheriffs, compensation 2660 Decatur; Small Claims Court, referendum 2667 DeKalb; recorder's court, place of holding 3547 DeKalb; state court, judges' compensation 2545 Dodge; commissioner's clerk, compensation 2813 Dodge; deputy sheriff, additional, compensation 2809 Dodge; ordinary's clerk, compensation 2816 Dodge; tax commissioner's personnel, compensation 2818 Dougherty; garbage franchise, proposed amendment to the constitution 974 Dougherty; joint board of registrars 3543 Dougherty; motor vehicle tax, proposed amendment to the constitution 972 Dougherty; water and sewage districts, referendum 3541 Douglas; additional judge 74 Echols; superior court, terms changed 3254 Effingham; state court; judge's salary changed 2482 Effingham; tax commissioner's office created, etc. 3600 Emanuel; commissioners' compensation changed 2514 Evans; additional judge 918 Evans; industrial development authority 2341 Fannin; additional court reporter 9 Fayette; court reporter, compensation changed 523 Floyd; board of commissioners, recall of members, provision for 3474 Floyd; recall, county officers, proposed amendment to the constitution 968 Forsyth; additional court reporter 9 Forsyth; deputy sheriffs, compensation 2647 Fulton; additional judge 903 Fulton; board of education, retirement act amended, minor children 2933 Fulton; board of education, retirement act amended, overpayment refunds 2935 Fulton; certain judges salaries increased 2304 Fulton; criminal court; solicitor general's salary 3809 Fulton; education pension system amended 2418 Fulton; judges', solicitor generals' retirement fund act amended 2930 Fulton; pension system amended 2306 , 2312 Fulton; pension system amended, creditable service 2309 Fulton; pension system education personnel 2421 Fulton; pension system, female teacher, beneficiary, who 3878 Fulton; solicitor general, assistants, salaries 4056 Gilmer; additional court reporter 9

Page 4241

Gilmer; board of education, members' election, referendum 3471 Glynn; board of commissioners, compensation 3125 Glynn; business licenses, proposed amendment to the constitution 975 Glynn; sheriff's compensation 3128 Glynn; state court, judge, clerk, etc. 2056 Gordon; airport authority act 2861 Grady; clerk and ordinary placed on salary 2423 Grady; school superintendent, board appointment, referendum 2967 Gwinnett; airport authority act 3668 Gwinnett; assistant district attorney 70 Gwinnett; judge's duties as juvenile court judge deleted 853 Gwinnett; recreation district No. 1 4110 Habersham; court reporter, salary change 316 Habersham; ordinary's salary changed 2899 Habersham; sheriff's compensation changed 2898 Habersham; term of court changed 680 Hall; commissioners' salaries changed 2640 Hall; ordinary's salary changed 2538 Hall; state court, clerk's salary changed 2538 Hall; state court, terms 2505 Hall; superior court, sheriff and clerk, salaries of 2538 Hall; tax commissioner's compensation changed 2541 Haralson; additional judge 74 Haralson; deputy sheriff, additional, authorized 3017 Haralson; water authority act 3258 Harris; district attorney, salary supplement 231 Harris; ordinary's salary 2552 Harris; sheriff's compensation 2549 Harris; superior court clerk's salary 2547 Hart; ordinary, superior court, clerk's employees' compensations increased 3058 Hart; sheriff's compensation changed 3062 Hart; tax commissioner's employees, compensation 3060 Heard; commissioner, referendum 2029 Henry; commissioners, purchasing procedures 2652 Henry; mobile home rental units, etc., tax 4127 Henry; tax commissioner, uncollected fees due him 2954 Henry; taxation for water and sewage, proposed amendment to the constitution 950 Houston; airport authority act 2589 Houston; clerk's budget submission time 2445 Houston; fiscal year changed 2970 Houston; judicial circuit, effective date 647 Houston; ordinary's budget submission time 2441 Houston; sheriff's budget submission time 2443 Houston; tax commissioner's budget submission time 2448 Irwin; sheriff placed on salary 3123 Jackson; secretary to judge 865 Jackson; state court; judge, solicitor, salaries 3181

Page 4242

Jeff Davis; tax commissioner's personnel 2894 Jefferson; ordinary's supplementary compensation 2886 Jenkins; compensation of coroner changed 3040 Jenkins; sheriff's salary changed 3042 Johnson; commissioners' compensation 2633 Johnson; court reporter, salary 548 Johnson; ordinary's compensation 2620 Johnson; sheriff's compensation 2627 Johnson; state court; judge, solicitor, salaries 2617 Johnson; superior court clerk placed on salary 2630 Johnson; tax collector placed on salary 2610 Johnson; tax commissioner's office created 2607 Johnson; tax receiver placed on salary 2613 Jones; board of education, new, referendum 3396 Lakeland; charter amended 3394 Lamar; board of commissioners' compensation changed 3116 Lamar; board of education, members' election, referendum 2710 Lamar; sheriff's and deputies' salaries 2500 Lanier; county attorney, compensation 3104 Lanier; court reporter, compensation, method 561 Lanier; sheriff's compensation changed 3106 Lanier; superior court terms changed 459 Laurens; court reporter, salary 548 Laurens; ordinary placed on salary 2622 Lee; court reporter, salary 541 Lee; sheriff's salary changed, etc. 2223 Lee; superior court deputy clerks 2225 Liberty; additional judge 918 Long; additional judge 918 Lumpkin; ordinary's salary changed 2300 McIntosh; additional judge 918 Macon; court reporter, salary 541 Marion; district attorney salary supplement 231 Meriwether; deputy sheriffs 3195 Monroe; assistant tax commissioner and clerk 3383 Monroe; board of Commissioners, terms of members, referendum 3381 Monroe; commissioners' compensation, referendum 3071 Monroe; sheriff's personnel 3068 Montgomery; deputy sheriff, compensation, etc. 2856 Montgomery; board of commissioner's expenses 2491 Montgomery; tax commissioner, compensation 2945 Morgan; commission, election of members 2638 Murray; board of education members, referendum 2120 Muscogee; clerk's salary changed 2244 Muscogee; district attorney salary supplement 231 Muscogee; municipal court, officer's salaries changed 2241 Muscogee; ordinary's salary 2251 Muscogee; school districts, members 2452 Muscogee; sheriff's salary 2239 Muscogee; state court, judge, solicitor, etc., salaries 2246

Page 4243

Muscogee; tax commissioner's salary 2248 Newton; board of commissioners' act amended 3022 Newton; board of education, election of members, referendum 2881 Newton; business licenses, proposed amendment to the constitution 945 Newton; public defender 2686 Newton; ordinary's compensation 3005 Newton; sheriff's compensation 3000 Newton; superior court, clerk's compensation 3003 Newton; tax commissioner's compensation 3008 Newton; water and sewage, etc., proposed amendment to the constitution 942 Oconee; investigator provided 681 Oconee; sheriff's salary 3915 Paulding; additional judge 74 Peach; airport authority act 2589 Peach; board of commissioners' act amended 3012 Peach; business regulation 2450 Peach; commissioners, compensation 2979 Peach; ordinary relieved of certain duties 2977 Pickens; commissioner's compensation changed 2325 Pickens; court reporter, additional 9 Pickens; hospital authority, members terms 2324 Pickens; ordinary's compensation changed 2322 Pickens; sheriff's compensation changed 2321 Pickens; tax commissioner placed on salary 2347 Pierce; commissioner's chairman, compensation 2888 Pierce; ordinary place on salary, referendum 2492 Pierce; sheriff's, etc., salaries, referendum 2496 Pike; court reporter, compensation changed 523 Pike; county depository 3689 Pike; small claims court created 3692 Polk; ad valorem tax collection, proposed amendment to the constitution 978 Polk; additional judge 74 Polk; coroner's salary 3198 Polk; ordinary's salary changed, etc. 3818 Polk; state court; judge's compensation 3816 Polk; water authority act amended 3712 Pulaski; deputy sheriff, compensation 2903 Rabun; county employees' salaries 3134 Rabun; court reporter, salary change 316 Randolph; airport authority act 2837 Richmond; (Augusta) unified government, referendum 2123 Richmond; capital improvement tax exemption, proposed amendment to the constitution 936 Richmond; chief ass't. district attorney, salary 539 Richmond; civil court act amended 2745 Richmond; health department act amended 3618 Richmond; judge added 471

Page 4244

Richmond; judge emeritus positions, Municipal and Civil Courts 3872 Richmond; judges' supplemental salaries increased 850 Richmond; retirement benefits, refunds 3881 Rockdale; clerk's salary changed, etc. 2014 Rockdale; commissioner's salary increased 2012 Rockdale; ordinary's salary increased 2006 Rockdale; public defender 2686 Rockdale; sheriff's salary increased 2009 Rockdale; tax commissioner's salary changed, etc. 3095 Schley; court reporter, salary 541 Screven; state court; judge, solicitor, salary changes 3177 Spalding; clerk, sheriff, ordinary, salaries 3985 Spalding; commissioners' compensation changed 3112 Spalding; coroner's compensation changed 3108 Spalding; court reporter, compensation changed 523 Spalding; tax commissioner's compensation changed 3110 Stephens; board of education, election of, referendum 3118 Stephens; clerk's compensation 2737 Stephens; court reporter, salary change 316 Stephens; sheriff's compensation 2735 Stephens; state court, judge, solicitor, salaries 2731 Stewart; court reporter, salary 541 Sumter; commissioner's compensation changed 2534 Sumter; court reporter, salary 541 Sumter; superior, city courts' clerks' compensation 3014 Sumter; superior court terms 3911 Talbot; district attorney, salary supplement 231 Talbot; sheriff's salary increased 2665 Talbot; tax commissioner's compensation 2663 Taliaferro; chairman, board of commissioners, bond 3957 Tattnall; additional judge 918 Tattnall; compensation to, habeas corpus cases 4117 Taylor; district attorney, salary supplement 231 Taylor; ordinary place on salary 3185 Taylor; sheriff's compensation changed 3183 Taylor; small claims court created 3513 Taylor; superior court clerk placed on salary 3190 Taylor; tax commissioner's compensation 3188 Telfair; board of commissioners, referendum 3448 Tift; airport authority act amended 2833 Tift; board of commissioners, chairman's election, referendum 2795 Tift; board of education, members, terms, referendum 2722 Tift; governmental study committee 3867 Tift; state court created 2468 Towns; court reporter, salary change 316 Treutlen; court reporter, salary 548 Treutlen; grand jury may appoint board of education 2437 Turner; secretary to sheriff, referendum 2021 Twiggs; commissioners, residence of 3564

Page 4245

Twiggs; court reporter, salary 548 Union; court reporter, salary change 316 Upson; court reporter, compensation changed 523 Upson; sheriff's salary increased 2333 Walker; clerk's compensation changed 2319 Walker; district attorney's clerk-typist, salary change 325 Walker; ordinary's compensation changed 2316 Walker; sheriff, deputy, part-time, additional 2231 Walker; tax commissioner's compensation changed 2317 Walton; board of commissioners, salaries 4052 Walton; investigator provided 681 Walton; sheriff's compensation changed, etc. 3087 Walton; superior court clerk, ordinary, salary changes, etc. 3084 Walton; tax commissioner's compensation changed 3090 Ware; ordinary and tax receiver, salaries 2720 Warren; clerk's compensation 2522 Warren; commissioner's compensation changed 2529 Warren; county policeman 2519 Warren; ordinary's compensation changed 2527 Warren; sheriff's compensation changed 2524 Washington; budgets of county officers 2295 Washington; clerk's compensation changed 2462 Washington; ordinary placed on salary 2289 Washington; tax commissioner, deputy, compensation 3439 Washington; tax commissioner placed on salary 2292 Wayne; board of education, size, referendum 2715 Wayne; sheriff's and superior court clerk's salaries, referendum 2678 Webster; clerk of commissioner, salary 2581 Webster; court reporter, salary 541 Whitfield; county administrator 2439 Wilkes; development of trade 3400 Wilkes; ordinary's compensation 2729 Wilkinson; sheriff, automobiles 3913 Wilkinson; tax commissioner's personnel, compensation 3206 COUNTIES AND COUNTY MATTERS BY POPULATION 2,300-2,400; superior court clerks, duties 3441 4,000-4,575; water authorities created 4089 6,100-6,400; small claims court act amended 3179 6,400-6,410; tax receivers', per cent of education taxes 3066 6,650-6,800; county policeman, expense 2719 6,700-6,825; superior court clerks, attendance court of ordinary 2299 7,317-7,597; tax commissioners, power of 3685 8,250-8,330; sheriff placed on salary 3138 8,250-8,330; superior court clerk placed on salary 3136 8,750-8,950; small claims court created 4067

Page 4246

12,750-12,900; county sheriffs excluded from salary act 3180 13,365-14,765; coroner's fees 456 13,635-14,765; small claims court act amended 3277 13,635-14,765; tax commissioner, levy of fi. fas. 3020 15,700-15,825; small claims court, inapplicable to 3661 18,200-18,900; district attorney, supplemental salary 230 18,258-19,148; small claims court act amended 2999 19,500-20,500; voting machines 4088 20,600-21,000; clerk, court of ordinary 538 20,600-21,000; county funds, bonds, etc. 3563 22,320-22,800; electrical examining boards 4083 23,510-23,700; deputy sheriffs, compensation of 2878 23,510-23,700; secretaries for court reporter 241 23,550-23,700; hunting foxes, recorded calls 3257 32,350-37,700; treasurer as depository 2879 32,400-32,700; hunting foxes, recorded calls 3257 32,400-32,700; secretaries for court reporter 241 32,600-32,700; coroners' compensation 3067 33,000-34,000; coroner's fees 472 34,500-39,500; small claims court, act amended 2860 50,000-50,650; building codes, etc. 4084 90,000-140,000; remittance of education funds 2897 100,000-150,000; treasurer to invest county funds 4078 100,000-160,000; juries, of composition 454 145,000-165,000; associate judge, state court 3053 145,000-165,000; certain county officials, compensation fixed 3103 145,000-165,000; coroners' assistants 2254 145,000-165,000; coroners' assistants, 3102 145,000-165,000, coroner, fees of 370 145,000-165,000; county employees, additional compensation to 2257 145,000-165,000; county employees, certain, salary changes, etc. 3101 145,000-165,000; county trash and refuse depositories 2263 145,000-165,000; court reporters 2966 145,000-165,000, court reporters, compensation 847 145,000-165,000; court reporters, etc, salaries 2260 145,000-165,000 district attorneys, additional compensation of 246 145,000-165,000; district attorneys, assistants 2957 , 2962 145,000-165,000; district attorney, clerk 2963 145,000-165,000; district attorneys, compensation act amended 2958 145,000-165,000; district attorney, salary supplement 539 , 2253 145,000-165,000; elected officials, compensation 2258 145,000-165,000; judge's executive secretary and calendar clerk 2965 145,000-165,000; jury clerk 2964 145,000-165,000; juvenile court, act amended 622 145,000-165,000; law library act amended 2959 145,000-165,000; sheriff's employees, compensation changes 3140 145,000-165,000; solicitor, assistant 2960

Page 4247

145,000-165,000; solicitors, county retirement system, eligibility for 3876 145,000-165,000; state court, judges, certain, secretary 2859 145,000-165,000; superior court law assistants 2261 145,000-165,000; tax commissioners' commissions 2256 145,000-165,000; trash and refuse dumping 2259 145,000-165,000; witness fees, law enforcement officers 2262 145,000-165,000; witnesses' fees 437 150,000-165,000; county budgets 2255 150,000-165,000; state court, judge emeritus 2237 150,000-167,000; ordinary, judge emeritus 2940 150,000-500,000; master electricians act amended 3220 165,000-175,000, coroner's placed on salary 239 165,000-175,000; juvenile court, judge's salary 2236 165,000-185,000; contractors, bonds 677 165,000-185,000; coroners, election 676 165,000-185,000; coroner's fees 3127 165,000-185,000; county emeritus offices 4080 165,000-185,000; elections, board of 4086 165,000-185,000; emeritus offices, act amended 3556 165,000-185,000; highways, traffic 679 165,000-185,000; juvenile court, judges, salaries 4087 165,000-185,000; law libraries 3555 165,000-185,000; public property, sale of 678 165,000-185,000; superior court clerks, fees 3557 165,000-185,000; tax assessors, terms, act amended 3558 165,000-185,000; tax non-payment, penalty 675 165,000-185,000; Urban Redevelopment Law 3559 170,000-190,000; tax collectors and commissioners as ex-officio sheriffs, etc. 3077 190,000-400,000, Metropolitan Airport Authorities 2059 196,000 or over; ordinaries' qualifications, change in 3065 200,000-500,000; municipal annexation, county approval when 4112 300,000 or more; joint city-county board of tax assessors, act amended 3799 400,000 or less; school tax commissions 2891 400,000-600,000; annexed land, rezoning, county approval, when 4114 400,000-600,000; efficiency and economy commissions, county 3425 400,000-600,000; use of county voters list 634 500,000 or more; commissioners' compensation 2369 500,000 or more; judicial study commission 3174 500,000 or more; zoning procedure changes 3662 600,000 or more; budget commission, certain counties 3389 600,000 or more; certain act amended 3393 600,000 or more; county park leases 3386 600,000 mor more; county road system act 3546 600,000 or more; firemen, policemen, pensions 3391 600,000 or more; joint county-city tax board 3390

Page 4248

600,000 or more; pension study commission 3392 600,000 or more; plats, recording, certain counties 3385 600,000 or more, public property, sale of 646 600,000 or more; tax levies, certain counties 3388 COUNTIES AND COUNTY MATTERSPOPULATION OF METROPOLITAN AREA 1,000,000 Metropolitan Area Planning and Development Commissions 17 COUNTIES AND COUNTY MATTERS HOME RULE ACTIONS DeKalb; pension board act amended 4136 MUNICIPAL CORPORATIONSNAMED CITIES Adel; charter amended 3428 Albany; corporate limits extended 3525 Albany; election day changed 3536 Albany; employees' pension assessment 2942 Albany; garbage, etc., services extension 3323 Albany; indigent defendants, counsel for 3538 Albany; joint board of registrars 3543 Albany; traffic and parking regulated 3951 Alma; joint planning commission, act amended 3666 Alpharetta; homestead exemption, proposed amendment to the constitution 955 Americus; clerk, treasurer, bonds 3756 Aragon; grants to though omitted from 1970 census 42 Aragon; homestead exemption, proposed amendment to the constitution 980 Aragon; new charter, referendum 3770 Arlington; new charter 3885 Arnoldsville; grants to, omission from 1970 census 42 Athens; charter amended 2410 Athens; charter amended, candidates 2905 Athens; corporate limits redefined 3650 Athens; retirement benefits 2909 Athens; (Clarke) charter commission, referendum 2042 Atlanta; charter commission created 4104 Atlanta; municipal court act amended, costs 3802 Atlanta; municipal court act, practice and procedure 2971 Atlanta; rapid transit act of 1965 amended 2082 , 2092 Augusta; conveyance of land to, authorized 913 Augusta; pension system amended 3796 Augusta; (Richmond) unified government, referendum 2123

Page 4249

Austell; corporate limits changed 3477 Avondale Estates; charter amended 3937 Baxley; charter amendment, referendum 2037 Blakely; charter amended 2412 Brooks; corporate limits changed 3765 Brunswick; board of tax appeals, created 3720 Brunswick; corporate limits redefined 3717 Brunswick; terms of commissioners, referendum 3550 Buchanan; charter amended 3714 Cairo; corporate limits extended 3592 Calhoun; airport authority act 2861 Camilla; city manager 3284 Canton; charter amended 3326 Cartersville; homestead exemption, proposed amendment to the constitution 952 Centerville; charter amended 2466 Chatsworth; corporate limits changed 2116 Claxton; charter amended 2327 Cobbtown; corporate limits changed 3912 Cochran; school tax levy, referendum 3995 Cohutta; grants to though omitted from 1970 census 42 College Park; charter amended 2350 , 2512 College Park; corporate limits changed 3969 Colquitt; charter amended 3811 Columbus; department of public health 2428 Columbus; municipal court, salaries of officers changed 2241 Columbus; state court created 2532 Cumming; charter amended 3963 Cuthbert; airport authority act 2837 Dalton; charter amended 2727 Dalton; additional territory 3468 Dalton; telephone communications, proposed amendment to the constitution 977 Decatur; charter amended 2952 , 3436 Decatur; homestead exemption, proposed amendment to the constitution 940 Decatur; retirement fund, excess, investment 2950 Decatur; school tax levy 2510 Deepstep; charter amended 2460 Donalsonville; new charter 3844 Doraville; charter amended 2301 Douglas; charter amended 2464 Dublin; corporate limits changed 3752 Duluth; corporate limits, referendum 3613 , 4042 , 4047 East Point; charter amended 3093 East Point; corporate limits 3445 , 3973 East Point; homestead exemption, proposed amendment to the constitution 959 Ellaville; charter amended 3442 Fairburn; charter amended 3421 Fayetteville; ad valorem taxes, collection 3511

Page 4250

Fitzgerald, corporate limits 3941 Folkston; charter amended 3378 Forest Park; charter amended 3979 Forest Park; corporate limits 3610 , 3837 Fort Oglethorpe; corporate limits changed 3767 Fort Valley; charter amended 3048 Fort Valley; (Perry), airport authority created 2589 Gainesville; charter amended 2554 Good Hope; mayor's term, etc. 3553 Griffin; employees' retirement benefits increased, proposed constitutional amendment 935 Guyton; charter amended 3603 Hapeville; charter amended, pension system 2077 Hapeville; homestead exemption, proposed amendment to the constitution 957 Harlem; new charter 2557 Hazlehurst; charter amended 3419 Hiltonia; charter amended 3561 Hinesville; charter amended 3932 Hogansville; charter amended 2801 Ivey; charter amended 2355 Jasper; homestead exemption, proposed amendment to the constitution 970 Jonesboro; elections 2854 Kennesaw; new charter 3620 LaGrange; charter amended 2415 Leesburg; corporate limits, referendum 3976 Louisville; charter amended 2488 Lumpkin; corporate limits changed 3505 Lyons; charter amended, boundary 2982 McIntyre; new charter 2370 Macon; authorization to convey part of park 2484 Macon; efficiency and economy commission 2997 Marietta; corporate limits changed, etc. 3153 Marietta; downtown, development authority 3459 Marietta; water authority act, bond limitation 3485 Midway; charter amended 3935 Milledgeville; corporate limits changed 3200 Monroe; new charter 3221 Morrow; new charter 3998 Moultrie; charter amended 3982 Mountain View; grants to though omitted from 1970 census 42 Newnan; charter amended 2003 Newnan; mayor and aldermen, compensation changed 3099 Newton; charter amended 2683 Oconee; grants to though omitted from 1970 census 42 Pearson; new charter 2266 Pelham; board of education, referendum 2017 Pembroke; ordinance adoption, procedure 3836 Perry; (Fort Valley), airport authority created 2589

Page 4251

Perry; telephone system, public authority, proposed amendment to the constitution 934 Pineora; charter amended 3598 Pooler; corporate limits changed 3508 Port Wentworth; charter amended 3032 Powder Springs; charter amended 2656 Preston; corporate limits, referendum 3705 Quitman; airport authority act 3402 Quitman; commissioners, number of, referendum 3278 Rayle; grants to though omitted from 1970 census 42 Ringgold; charter amended 3960 Riverdale; city manager, referendum 3829 Rockmart; charter amendment; referendum 3708 Rome; charter amended 3664 Rossville; mayor's compensation changed, etc. 4131 Roswell; new charter 3289 Sandersville; charter amended 3922 Savannah; board of aldermen, salaries changed 3114 Savannah; municipal court act amended 2901 Shiloh; charter amended, referendum 2804 Smyrna; civil service board, clerk appointment, etc. 3488 Snellville; charter amended 3574 Sparta; charter amended 2536 Stockbridge; charter amended 3282 Summertown; grants to though omitted from 1970 census 42 Summerville; charter laws consolidated 2111 Talbotton; new charter 3725 Tallulah Falls; charter amended 3820 Thomaston; corporate limits 4060 Tifton; charter amended 2025 Toccoa; charter amended 3051 , 3324 Tunnel Hill; grants to though omitted from 1970 census 42 Twin City; charter amended 2517 Union; charter amended 2227 Valdosta; corporate limits changed 3352 Van Wert; grants to though omitted from 1970 census 42 Varnell; grants to though omitted from 1970 census 42 Warner Robins; corporate limits, referendum 3580 Warrenton; charter amended 2742 Waynesboro; new charter, referendum 3328 West Point; charter amended 2768 , 2770 Wrightsville; charter amended 2707 Zebulon; charter amended, referendum 3686 MUNICIPAL CORPORATIONSBY POPULATION 5,500-5,500; housing authorities law amended 3013 33,000-34,000, Urban Redevelopment Law amended 473 150,000 or more; firemen's pension system 2937 150,000 or more; municipal employees, pensions 2939 150,000 or more; police department pension benefits 2234

Page 4252

300,000 or more; public school personnel, tenure, etc. 3076 200,000 or more, Housing Authorities Law 414 450,000 or more, Housing Authorities Law 414 MUNICIPALITIESHOME RULE AMENDMENTS Atlanta; community relations commission, members 4171 Atlanta; employees changed, unclassified service 4182 Atlanta; employees' scholarship fund 4166 Atlanta; labor relations, director, classification 4164 Atlanta; parking and transit committee established 4156 Atlanta; personnel, fingerprinting, physical examinations 4169 Atlanta; personnel board payments 4174 Atlanta; personal property, disposal of 4161 Atlanta; policemen, sick leave 4178 Atlanta; research, information officers, unclassified service, etc. 4176 Atlanta; unclassified service inclusions 4185 Atlanta; water mains, sale of, etc., authorized 4158 Columbus; charter amended 4187 Gainesville; employees retirement fund, contributions 4196 Griffin; charter amended 4199 Jesup; sales and purchases 4204 Macon; garbage service, etc. 4206 Thomasville; sewage system changes 4209 RESOLUTIONS AUTHORIZING COMPENSATION Ard, Mrs. Lillian S. 4038 Benton, Buddy 4115 Blumenthal, Mrs. Irvin 3959 Bouchillon, J. R., Jr. 3962 Cato, R. L. 3877 Couch, Lillian Louise 4055 Dean, J. P. 3950 Dotson, R. L. 3984 Fulford, Samuel D. 4126 Fulp, Mrs. Lexie W. 3972 Gerald, Rev. Inman 4119 Graves, Eugene McClung 4035 Hobgood, John K. 3931 Hollis, Mrs. Bob 4047 Howell, James E. 3957 Hunsinger, Paul 4123 Hurst, Mrs. Mary 3979 Ingle, Mrs. Vera 4066 Jones, William N. 3997 Leachman, Charlie K. 3981 Maye, Roland 3994 Mobley, W. R. 4121 Mosely, Arthur 3968 Nader, Alfred H. 3940

Page 4253

Nipper, William 3991 Norman, Donald Franklin, Sr. 4116 O'Neal, E. L. 4063 Price, James E. 4058 Putnam, Joan Elizabeth 3909 Rawlings, John H. 4081 Roddenbery, F. W. 3975 Royal-Globe Insurance Co. 4118 Savannah Transit Authority 4120 Sinclair, Scott F. 3953 Smith, C. B. 3988 Smith, Dr. James W. 4125 Stewart, Milton 3936 Supreme Meadow Ice Cream Company 3884 Tattnall County 4117 Wicht, M. C., Sr. 4122 Williams, Margie Bryant 4077 Wright, Elijah 4124 Zoumberis, D. N. 4052 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND EASEMENTS Baldwin County, conveyance of land, authorized 852 Baldwin County, City of Milledgeville, lease authorized 820 Baldwin County Board of Education, conveyance authorized 848 City of Augusta, conveyance of land authorized 913 City of Chattanooga, Tenn., conveyance authorized 785 City of Milledgeville, Baldwin County, lease authorized 820 Downtown Development Corp., FM Air Rights Co., and City Center, form of second amendment approved 798 Georgia-North Carolina, Ga.-Tenn. Boundary Line Commission, created 791 Georgia-Tenn., Ga.-N. C. Boundary Line Commission created 791 Hamilton County, Tenn., powers granted relative to certain property 837 Hart County Industrial Development Authority, land conveyance authorized 844 Sconyers, Cortez H., conveyance of land authorized 688 Southeastern Forest Experiment Station, lease authorized 772 , 825 MISCELLANEOUS RESOLUTIONS Appalachian National Scenic Trail, promotion of 818 Architectural and Engineering firms doing business with State 811 Birch, John Neville, bridge named 780 Clayton County Justice of the Peace Study Commission 789 Consumer Protection Study Committee 815 Corridor Loop Study Committee created 914 Insurance Problems, Legislative Advisory Committee created 923

Page 4254

Joint Bank Holding Company Study Committee created 928 Revenue Wine taxes suspended on certain sales to religious institutions 762 Revenue, write-off of uncollectible checks 765 Revenue, Sales tax suspended on Holy Bibles, Etc. 698 Revenue, Sales tax suspended on certain property sold to hospitals 707 Revenue, Sales tax suspended on certain transit system fares 758 Revenue, Sales tax suspended on certain property purchased outside State 691 Russell, Richard Brevard, Monument Commission 782 , 808 South Fulton Charter Commission 828 South Fulton Citizens Committee 833 State Tax Assessors, study for qualifications of 778 Wilson Bryant Wilkes, building named 855

Page 4255

INDEX A ADEL, CITY OF Charter amended 3428 ADJUTANT GENERAL Assistant 84 ADMINISTRATORS Banks, certain, as, relieved of giving bond 633 ADOPTED CHILDREN Inheritance rights 403 ADULT BOOKSTORES Area restriction 888 AGE Unjust discrimination because of, employment 384 AGRICULTURE Commodities Promotion Act amended 78 Department of, automobiles for 64 Farm commodity vehicles, exemption, inspection 258 Georgia Food Act Amended 66 Georgia Meat Inspection Act Amended 56 , 57 Livestock, feeding garbage to, prohibited 60 Livestock Sales Act amended 71 AIR QUALITY CONTROL ACT Civil penalties 183 Judgment procedure 193 Permits, enforcement 184 ALAPAHA JUDICIAL CIRCUIT Court reporter, compensation, method 561 Terms changed 459 ALBANY, CITY OF Corporate limits extended 3525 Election day changed 3536 Employees' pension assessment 2942

Page 4256

Garbage, etc., services extension 3323 Indigent defendants, counsel for 3538 Joint board of registrars 3543 Traffic and parking regulated 3951 ALCOHOLIC BEVERAGES AND LIQUORS Election day defined 864 ALCOHOLICS Hospitalization of 273 ALIENS Eligibility to take medical examination 223 ALLIGATORS AND CROCODILES Protection of 236 ALMA, CITY OF Joint planning commission, act amended 3666 ALPHARETTA, CITY OF Homestead exemption, proposed amendment to the constitution 955 AMERICUS, CITY OF Clerk, treasurer, bonds 3756 APPALACHIAN NATIONAL SCENIC TRAIL Cooperation in promotion of 818 APARTMENT OWNERSHIP ACT Amended 465 APPEALS Prisoners, transfers during 341 APPROPRIATIONS Department of Labor, supplemental 893 General Appropriations Act 111 General Appropriation act amended 176 ARAGON, CITY OF Grants to though omitted from 1970 census 42 Homestead exemption, proposed amendment to the constitution 980 New Charter, referendum 3770

Page 4257

ARCHITECTS Examination fees changed, etc. 374 Landscape, examination fees, etc. 559 Qualifications changed 836 ARCHITECTURAL AND ENGINEERING FIRMS Business with the state, contract exemption 811 ARD, MRS. LILLIE S. Compensation to 4038 ARLINGTON, CITY OF New charter 3885 ARNOLDSVILLE, CITY OF Omission from 1970 census not affect grants to 42 ATHENS, CITY OF Charter amended 2410 Charter amended, candidates 2905 Corporate limits redefined 3650 Retirement benefits 2909 ATHENS-CLARKE COUNTY CHARTER COMMISSION Referendum 2042 ATKINSON COUNTY Court reporter, compensation, method 561 Superior court, terms 459 ATLANTA, CITY OF See also tabular indexMunicipalities, Home Rule Amendments . Charter commission created 4104 Judge, additional 903 Municipal court act amended, costs 3802 Municipal Court Act, practice procedure 2971 Rapid transit act amended 2082 , 2092 ATLANTIC JUDICIAL CIRCUIT Additional judge 918 ATTORNEY GENERAL Private counsel, employment of 98

Page 4258

AUGUSTA, CITY OF Conveyance of land authorized 913 Pension system amended 3796 Unified government, referendum 2123 AUGUSTA JUDICIAL CIRCUIT District Attorney, Chief Ass't, salary 539 Judge added 471 Judges, supplemental salaries increased 850 AUSTELL, CITY OF Corporate limits changed 3477 AUTOMOBILES Department of Agriculture, purchase for 64 Unserviceable emission control device, penalty 188 Warranty, manufacturer's safety, etc. 373 AVONDALE ESTATES, CITY OF Charter amended 3937 B BACON COUNTY Joint planning commission, Act amended 3666 BACON COUNTY-CITY OF ALMA JOINT PLANNING COMMISSION Amended 3666 BAIL Right to, etc. 408 Sufficient to insure presence at trial also 407 BAILIFFS Compensation of 205 BALDWIN COUNTY Conveyance of land authorized 852 Lease of land to, authorized 820 Board of Education, land conveyance to, authorized 848

Page 4259

BANKS AND BANKING Administrators, as, certain, relieved of giving bond 633 Banking holidays, emergency declaration 812 BANKS COUNTY Board of commissioners, chairman of, salary 4081 Secretary to judge 865 BARBER ACT, GEORGIA Enacted 870 BAR EXAMINERS Board of, act amended 763 BARROW COUNTY Board of education, members, powers 3919 Secretary to judge 865 BARTOW COUNTY Commissioner's compensation 2991 Ordinary's compensation changed 2995 Sheriff's compensation changed 2988 Superior court clerk's compensation 2993 Tax commissioner's salary changed 2455 BAXLEY, CITY OF Charter amendment, referendum 2037 BENTON, BUDDY Compensation to 4115 BERRIEN COUNTY Board of education, new, referendum 3044 Court reporter, compensation, method 561 Superior court terms 459 BIBB COUNTY Board of education, etc., members, number, referendum 3926 Efficiency and economy commission 2997 State Court, assistant solicitors 2947 Superior Court; terms for grand jury drawing 2503 BIRCH, JOHN NEVILLE Bridge named 780

Page 4260

BLAKELY, CITY OF Charter amended 2412 BLOOD AND TISSUE BANKS Definition of clinical laboratories 247 BLUE RIDGE JUDICIAL CIRCUIT Additional court reporter 9 BLUMENTHAL, MRS. IRVIN Compensation to 3959 BOARD OF CORRECTIONS Penitentiaries, entering with certain drugs 220 Prisoners, transfers pending appeals 341 Prisoners work release programs, counties, compensation 435 Vocational Training Program, inmates 581 BOARD OF RECREATIONAL EXAMINERS ACT Amended 357 BOARD OF REGENTS Members compensation changed 233 BOARD OF RECREATION EXAMINERS ACT Examination, eligibility for, etc. 357 BONDS Bail, right to, etc. 408 Bail, sufficient to insure presence at trial also 407 Banks, certain, as administrators, relieved of giving bond 633 Contractors, 165,000-185,000 677 Corporate, investment by insurers, conditions 629 Housing authorities, validation of 94 BOUCHILLON, J. R., JR. Compensation to 3962 BOUNDARIES Municipalities, alternative method of extending 398 Municipalities, annexation prohibited across county boundaries 399

Page 4261

BROOKS COUNTY Airport authority act 3402 Board of education, members' compensation, referendum 2892 Sheriff's compensation 3021 BROOKS, TOWN OF Corporate limits changed 3765 BRUNSWICK, CITY OF Board of tax appeals created 3720 Commissioners, terms, referendum 3550 Corporate limits redefined 3717 BRYAN COUNTY Additional judge 918 Commissioners' salaries changed 2337 BUCHANAN, CITY OF Charter amended 3714 BUDGET COMMISSION Counties, 600,000 or more 3389 BULLOCH COUNTY Deputy sheriff, compensation 3035 Superior court, clerk's typist, compensation 3038 BUREAU OF INVESTIGATION Agents' qualifications 303 BURKE COUNTY District Attorney, Chief Assistant, salary 539 Judges' supplemental salaries increased 850 Ordinary's compensation 2556 Sheriff's salary changed 2458 Superior court judge added 471 BUTTS COUNTY Board of commissioners, purchases and sales 3566 Board of education members, referendum 3762 Fiscal year provision, etc. 3596 Water Authority Act amended 3568

Page 4262

C CAIRO, CITY OF Corporate limits extended 3592 CALHOUN, CITY OF Airport authority act 2861 CALHOUN COUNTY Ordinary placed on salary 2914 CALHOUN-GORDON COUNTY AIRPORT AUTHORITY Enacted 2861 CAMILLA, CITY OF City Manager 3284 CAMPAIGN POSTERS Illegal on certain property 624 CANDLER COUNTY Ordinary's supplemental salary increased 3079 State court, judge, solicitor, salaries 3131 CANTON, CITY OF Charter amended 3326 CARROLL COUNTY Clerk placed on salary 2363 Commissioners, compensation 3989 Ordinary placed on salary 2360 Sheriff, compensation 4064 State Court, judge's compensation, etc. 2366 Tax commissioner, salary 3992 CARTERSVILLE, CITY OF Homestead exemption, proposed amendment to the constitution 952 CATO, R. L. Compensation to 3877

Page 4263

CATOOSA COUNTY Deputy sheriffs, compensation 3954 District attorney's clerk-typist, salary change 325 Superior court, clerk's compensation 2543 CENSUS Municipalities omitted from 1970, grants to 42 CENTERVILLE, CITY OF Charter amended 2466 CHARITABLE TRUSTS Self-dealing prohibited, etc. 430 CHATHAM COUNTY Tax collection, proposed amendment to the constitution 964 Water, sewage, etc., taxation, proposed amendment to the constitution 962 CHATSWORTH, CITY OF Corporate limits changed 2116 CHATTAHOOCHEE COUNTY District attorney's salary supplemented 231 CHATTAHOOCHEE JUDICIAL CIRCUIT District attorney's salary supplemented 231 CHATTANOOGA, CITY OF Land conveyance authoriezd 785 CHATTOOGA COUNTY Commissioner's compensation 2774 District attorney's clerk typist, salary change 325 Ordinary's compensation 2779 Sheriff's compensation 2782 State Court, judge, solicitor, salaries 2785 Superior court, clerk's compensation 2776 Tax Commissioner, compensation 2788 CHEROKEE COUNTY Commissioner's clerk, salary 2635 Court reporters, additional 9 Employees, certain county, compensation 2791 Ordinary's salary, etc. 2352

Page 4264

CHILDREN Adopted, inheritance rights 403 Compulsory school attendance 264 Consent, treatment, drug abuse and venereal diseases 337 Illegitimate, requirement of dependency on mother, stricken, tort 359 Labor, certain employment permitted 638 Medical consent 438 Medical services without parental consent 351 School principals, etc., as registrars 270 CHILDREN AND YOUTH ACT AMENDED Medical services 351 CHIROPRACTORS Examinations 455 License fees 260 CIGARETTE EXCISE TAX Amended 36 Exemption, certain veterans homes 346 CITIZENS ENVIRONMENTAL COUNCIL Created 788 CIVIL COURT OF FULTON COUNTY Judges' salaries increased 2304 CLARKE COUNTY Board of Education, new, referendum 2691 Investigator provided 681 Investigator, special, office abolished 2984 Treasurer's office abolished 2986 CLAXTON, CITY OF Charter amended 2327 CLAYTON COUNTY Board of commissioners, qualifications 3208 Campaign posters prohibited 2264 Civil service system act amended 3827 Commutation tax repealed 2338 Funds 2331 Justice of the Peace Study Commission 789 Ordinary's compensation 3010

Page 4265

Pension board created 2917 Planning and zoning act amended 3054 Public nuisance, accumulating junk 2822 Taxes, fire districts, levy of 3814 Treasurer's office, Act repealed abolishing 2340 CLAYTON JUDICIAL CIRCUIT District Attorney, additional personnel 326 Judges' supplemental salaries changed 310 CLERKS OF SUPERIOR COURTS Attendance, court of ordinary, 6,700-6,825 2299 Certain, consolidation with certain inferior courts, Act repealed 2826 Costs, escape, State facilities 572 Duties, 2,300-2,400 3441 Fees amended 699 , 774 Fee, collection of property transfer tax 266 Placed on salary, 8,250-8,330 3136 Retirement Act amended 228 , 321 CLINCH COUNTY Commissioners, chairman of, salary 2642 Court reporter, compensation, method 561 State Court; judge, solicitor, salaries 2644 Superior Court terms 459 Tax commissioner, office created 3759 CLINICAL LABORATORIES Blood and tissue banks included 247 COBB COUNTY Board of commissioners, salary changes 3150 Education districts, proposed amendment to the constitution 966 Investigator, salary 312 Juvenile court, judge's compensation 3097 Marietta Water Authority Act, bond limitation 3485 Recreation act amended 4039 Sheriff, etc., compensation changed 3143 State Court clerk, membership in retirement system 2822 State Court, judge, clerk, salaries changed 3148 State Court, jurisdiction extended 3502 State Court solicitor, etc. 3605 Tax commissioner, compensation 4036

Page 4266

COBB JUDICIAL CIRCUIT Investigators' salary changed 312 COBBTOWN, CITY OF Corporate limits changed 3912 COCHRAN, CITY OF School tax levy, referendum 3995 COFFEE COUNTY Commissioners, compensation 3193 COHUTTA, CITY OF Grants to though omitted from 1970 census 42 COLLEGE PARK, CITY OF Charter amended 2350 , 2512 Corporate limits changed 3969 COLLEGES, PRIVATE Grants and scholarships to students 906 COLQUITT, CITY OF Charter amended 3811 COLQUITT COUNTY State Court, judge, solicitor, salary changes 3081 Tax commissioner's compensation 4129 COLUMBIA COUNTY Chief Assistant District Attorney, salary 539 Judge added 471 Judges' supplemental salaries increased 850 COLUMBUS, CITY OF See also tabular index-Municipalities, Home Rule Amendments . City Court changed to State Court 2532 Department of Public Health 2428 Municipal Court, officer's salaries changed 2241 COMMISSIONER OF LABOR Glass standards, safety glazing, installations 901

Page 4267

COMPENSATION, STATE COMMISSION ON Enacted 103 COMPOSITE STATE BOARD OF MEDICAL EXAMINERS Appointments 689 CONSTRUCTION SITES Sanitary facilities, etc 669 CONSUMER PROTECTION STUDY COMMITTEE Created 815 CONTRACTORS Bonds, 165,000-185,000 677 CONTRACTS Highway road construction, retained amounts 635 COOK COUNTY Court reporter, compensation, method 561 Superior Court terms 459 CORONERS Assistants, 145,000-165,000 2254 , 3102 Compensation, 32,600-32,700 3067 Election, etc., 165,000-185,000 676 Fees, 13,365-14,765 456 Fees, 33,000-34,000 472 Fees of, 145,000-165,000 370 Fees, 165,000-185,000 3127 Salary, 165,000-175,000 239 CORPORATIONS, PRIVATE FOUNDATION Self-dealing prohibited, etc 428 CORRIDOR LOOP STUDY COMMITTEE Created 914 COUCH, LILLIAN LOUISE Compensation 4055

Page 4268

COUNTIES Act amended, 600,000 or more 3393 Adult bookstores, area restriction 888 Budgets, 150,000-165,000 2255 Budget, 600,000 or more 3389 Building codes, etc.; 50,000-50,650 4084 Commissioners' salaries, 500,000 or more 2369 Education funds, remittance of, 90,000-140,000 2897 Efficiency and economy commissions, 400,000-600,000 3425 Elected officials, compensation, 145,000-165,000 2258 Elections, board of, 165,000-185,000 4086 Electrical Examining Boards, 22,320-22,800 4083 Emeritus offices, 165,000-185,000 3556 , 4080 Employees, additional compensation to 145,000-165,000 2257 Employees, certain, salary changes, etc. 145,000-165,000 3101 Farm products sale in certain counties, time, act repealed 2828 Funds, deposit of in bonds, etc., 20,600-21,000 3563 Garbage, certain transportation of, etc., prohibited 445 Highways, negotiation with for maintenance 397 Judges, may sign document in any county of circuit 363 Jury clerk, 145,000-165,000 2964 Mobile homes, location, permits 631 Motor fuel dispensing pumps, licensing 683 Motor vehicles, junked, etc., removal 670 Municipal annexation, approval when, 200,000-500,000 4112 Municipalities rezoning annexed land, county approval, when 400,000-600,000 4114 Park leases, 600,000 or more 3386 Pension study commission, 600,000 or more 3392 Planning Commission Act amended 423 Plats, recording, 600,000 or more 3385 Policeman's expense, 6,650-6,800 2719 Prisoners, work release program, compensation to 435 Property evaluation, continuing capital fund 664 Recreational Systems changed 262 Road system act amended, 600,000 or more 3546 Sheriffs, minimum salaries 380 School tax commissions, 400,000 or less 2891 Solicitors, retirement system, eligibility, 145,000-165,000 3876 Tax levies, 600,000 or more 3388 Trash and refuse depositories, 145,000-165,000 2263 Trash and refuse deumping, 145,000-165,000 2259 Traverse jury box, one for all courts 626 Treasurer as depository, 32,350-37,700 2879 Uniform Crime Reporting System 381 Voters list, use of; 400,000-600,000 634 Voting machines, use of 4088 Zoning procedure changes, 500,000 ore more 3662

Page 4269

COURT REPORTERS Act amended, 145,000-165,000 2966 Compensation, 145,000-165,000 847 Contingent expenses and travel allowance 417 Secretaries to, 23,510, 23,700; 32,400-32,700 241 Salaries, bailiffs, etc., 145,000-165,000 2260 Superior Courts, expenses 417 COURTS Circuit, judge, documents may be signed in any county of 363 Clerk's retirement act amended 228 , 321 Costs in civil proceedings 214 Costs, trials for escape, State facilities, sheriff, clerk 572 District attorneys, expense payments 305 Jurors and bailiffs compensation 205 Jury box, one, for all courts 626 Juvenile, questions transferred back to superior court 618 Superior, clerks' fees 699 Superior, clerks' fees 774 COVENANTS Deeds, exemption of certain governments 814 COWETA COUNTY City Court, solicitor's secretarial compensation 2584 Ordinary's clerical help, compensation 2587 CRAWFORD COUNTY Tax commissioner's compensation 2974 CRIME REPORTING SYSTEM, UNIFORM Created 381 CRIMES Alligator and crocodile huntings, etc. 236 Bail, right to 408 Bail bond, sufficient to insure presence at trial also 407 Campaign posters on certain property 624 Driving intoxicatednolo contendere plea, effect of 249 Emission control device, unserviceable 188 Entering penitentiary with certain drugs 220 Drugs, conditional discharge, first offense 271 Food sales establishment operating without a license 66 Ignited objects, activities related to 577 Lights, flashing or revolving, amber only authorized 781

Page 4270

Malt beverages, possession, amount of, non payment of taxes on 817 Mass gatherings, violation of act 252 Obscene matters, public nuisance 344 Selling and displaying adulterated meat, etc. 56 Swine, feeding garbage to 60 Vehicular emission violation 186 CRIMINAL COURT OF FULTON COUNTY Judges' salaries increased 2304 CUMMING, CITY OF Charter amended 3963 CUTHBERT, CITY OF Airport authority act 2837 CUTHBERT-RANDOLPH AIRPORT AUTHORITY ACT 2837 D DADE COUNTY District attorney's clerk-typists, salary change 325 Superior court clerk, salary 3824 DALTON, CITY OF Charter amended 2727 Telephone communications, proposed amendment to the constitution 977 Territory, additional 3468 DANGEROUS DRUGS First offense, conditional discharge 271 Labels to contain certain information 406 DEAN, J. P. Compensation to 3950 DECATUR, CITY OF Charter amended 2952 , 3436 Homestead exemption, proposed amendment to the Constitution 940 Retirement fund, excess, investment 2950 School tax levy 2510

Page 4271

DECATUR COUNTY Board of Education, membership, referendum 2649 Deputy sheriffs, compensation 2660 Small Claims Court, referendum 2667 DEEDS Covenants running with land, exemption 814 DEEPSTEP, TOWN OF Charter amended 2460 DEKALB COUNTY See also tabular indexCounties and County Matters-Home Rule actions Recorder's court, place of holding 3547 State Court, judges' compensation 2545 DEPARTMENT OF AGRICULTURE Purchase of automobiles for 64 DEPARTMENT OF CORRECTIONS Prisoners, special leave 342 Reimbursement, Clerk, Sheriff, costs, escape from State facilities 572 DEPARTMENT OF LABOR Supplemental appropriation 893 DEPARTMENT OF PUBLIC SAFETY Bureau of Investigation, agents, qualifications 303 Salary changes 306 , 309 Retirement, disability provisions 685 DEPARTMENT OF REVENUE Checks, uncollectible, write off, authorization 765 DEPOSITORIES, STATE Act amended 553 DESCENT AND DISTRIBUTION Children, adopted, inheritance rights 403

Page 4272

DEVELOPMENT AUTHORITIES' LAW Amended 177 DISCRIMINATION Age, employment, unjust 384 DISTRICT ATTORNEY Additional personnel, Clayton Circuit 326 Chief, assistant, salary, Augusta Circuit 539 Assistant, multiple judge circuits 451 , 823 Assistants, 145,000-165,000 2957 , 2962 Clerk, 145,000-165,000 2963 Clerk-typist, salary change, Lookout Mtn. Circuit 325 Compensation act amended, 145,000-165,000 246 , 2958 Expense, payment of 305 Salary supplement, 145,000-165,000 539 , 2253 Salary supplemented 18,200-18,900 230 Solicitor, assistant, 145,000-165,000 2960 DIVORCE Drug addition, ground for 361 DOCUMENTS, GOVERNMENT, ACT ENACTED 216 DODGE COUNTY Commissioner's clerk, compensation 2813 Deputy sheriff, additional, compensation 2809 Ordinary's clerk, compensation 2816 Tax commissioner's personnel, compensation 2818 DONALSONVILLE, CITY OF New charter 3844 DORAVILLE, CITY OF Charter amended 2301 DOTSON, R. L. Compensation to 3984 DOUGHERTY COUNTY Garbage franchise, proposed amendment to the constitution 974 Joint board of registrars 3543 Motor vehicle tax, proposed amendment to the constitution 972 Water and sewage districts, referendum 3541

Page 4273

DOUGLAS, CITY OF Charter amended 2464 DOUGLAS COUNTY Additional judges 74 DOWNTOWN DEVELOPMENT CORPORATION, FM AIR RIGHTS AND CITY CENTER, INC. Form of second amendment 798 DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY Created 3459 DRIVING INTOXICATED Effect of subsequent nolo contendere plea 249 DRUGS Addiction, ground for divorce 361 Children, treatment, consent 337 Conditional discharge, first offense 271 Dangerous, labels, information on 406 Hospitalization of users 273 Penitentiaries, entering with 220 DUBLIN, CITY OF Corporate limits changed 3752 DUBLIN JUDICIAL CIRCUIT Court reporter, salary 548 DULUTH, CITY OF Corporate limits, referendum 3613 , 4042 , 4047 E EASEMENTS Covenants, time limitations, exemptions 814 EAST POINT, CITY OF Charter amended 3093 Corporate limits 3445 , 3973 Homestead exemption, proposed amendment to the constitution 959

Page 4274

ECHOLS COUNTY Superior Court terms changed 3254 EDUCATION Board of Regents, members compensation changed 233 Compulsory school attendance 264 Funds, remittance, 90,000-140,000 2897 Health and physical education, courses required 299 Higher, locating debtors, service in 518 Higher, loan payments, interest on, changed 517 Minimum Foundation Program, amended 574 Private colleges, grants and scholarships to students 906 Scholarships act, repayment of loans 520 School principals, etc., as registrars 270 Student Honors Program, private high schools 884 EFFINGHAM COUNTY State Court, judge's salary changed 2482 Tax commissioner's office created, etc. 3600 ELECTIONS Day defined, sale of alcoholic beverages on 864 General primary, date of, etc. 602 Municipalities, use of county voters' list 400,000-600,000 634 Registrars, school principals, etc., as 270 Residence requirements provided by legislature, proposed amendment to the constitution 938 ELECTRIC MEMBERSHIP CORPORATIONS Capital credits, redeeming, etc. 760 ELECTRICAL CONTRACTORS State Board of, created 583 ELLAVILLE, CITY OF Charter amended 3442 EMANUEL COUNTY Commissioners' compensation changed 2514 EMISSION CONTROL ACT Vehicular 186

Page 4275

EMPLOYEES' RETIREMENT SYSTEM ACT Appellate judges, optional retirement benefits 99 Constitutional amendment implemented 339 Credits after age 65 92 Interest rates changed 418 Involuntary separation provisions 96 Legislative Retirement System, members of 107 , 109 Service credit 93 EMPLOYMENT SECURITY LAW Amended 475 ENVIRONMENT Citizens Environmental Council created 788 Interstate compact act 194 EVANS COUNTY Additional judge 918 Industrial development authority created 2341 EVIDENCE Cross examination, not waive prior objection 460 Medical records, etc., authentication of 441 Same subject, not waive objection 460 F FACTORY-BUILT HOUSING Certification of, etc. 364 FAIRBURN, CITY OF Charter amended 3421 FANNIN COUNTY Additional court reporter 9 FARMS Commodity vehicles, inspection exemption 258 Machinery and equipment, sales and use tax, exemption from 80 Products sale, certain counties, times, act repealed 2828 FAYETTE COUNTY Court reporter, compensation changed 523

Page 4276

FAYETTEVILLE, CITY OF Ad valorem taxes, collection 3511 FIDUCIARY INVESTMENT COMPANY ACT Certain foreign institutions, investments 639 FINANCE COMPANY Insurance premiums, unearned premium refunds 324 FIRE FIGHTER'S MEDIATION ACT Creation 565 FIREFIGHTER STANDARDS AND TRAINING COUNCIL Act amended 693 FIREMEN Pension act amended, 600,000 or more 3391 FIREMEN'S PENSION FUND ACT Amended 332 FIRE INSURANCE Certain policies, conclusive value 657 FIRES Activities related to, certain, crime 577 FITZGERALD, CITY OF Corporate limits 3941 FLOYD COUNTY Board of Commissioners, recall of members, provision for 3474 Recall, county officers, proposed amendment to the constitution 968 FOLKSTON, CITY OF Charter amended 3378 FOOD SALES ESTABLISHMENTS Licensing of 66

Page 4277

FOREIGN CORPORATIONS Business tax act amended 665 Tax on, act amended 662 FOREIGN TRUST INSTITUTIONS Investments 639 FOREST PARK, CITY OF Charter amended 3979 Corporate limits 3610 , 3837 FORSYTH COUNTY Additional court reporter 9 Sheriffs, deputy, compensation 2647 FORT OGLETHORPE, TOWN OF Corporate limits changed 3767 FORT VALLEY, CITY OF Airport authority act 2589 Charter amended 3048 FOUNDATIONS Private, charitable, split interest, self-dealing prohibited 430 Private, election to expend cash, etc. 643 Private, self-dealing, etc., prohibited 428 FOX HUNTING Recorded calls, 23,550-23,700, 32,400-32,700 unlawful 3257 FULFORD, SAMUEL D. 4126 FULP, MRS. LEXIE W. Compensation to 3972 FULTON COUNTY Additional judge 903 Board of education, retirement act amended, minor children 2933 Board of education; retirement act amended, overpayment refunds 2935 Criminal court; solicitor general's salary 3809 Education pension system amended 2418 Education personnel pension system changed 2421

Page 4278

Judges, certain, salaries increased 2304 Judges', solicitor generals' retirement fund act amended 2930 Juvenile court, judges, salaries increased 2304 Pension system amended 2306 , 2312 Pension system amended, creditable service 2309 Pension system, female teacher, beneficiary, who 3878 Solicitor general, assistants, salaries 4056 G GAINESVILLE CITY OF See also tabular indexMunicipalities, Home Rule Amendments . Charter amended 2554 GAME FISH Alligator and crocodile protection 236 Hunting and fishing fees 38 Shrimp season extended, etc. 221 Watercraft information, display of, etc. 419 GARBAGE Contract, certain transportation of, etc., prohibited 445 Feeding to livestock prohibited 60 GASOLINE Special Aviation, tax, etc. 529 GENERAL APPROPRIATIONS ACT Amended 176 Amended, Department of Labor 893 Enacted 111 GENERAL ASSEMBLY Candidates, certain counties, requirements, act repeated 2825 Salary and expense changes 207 GEORGIA AGRICULTURE COMMODITIES PROMOTION ACT Amended 78 GEORGIA BARBER ACT Enacted 870

Page 4279

GEORGIA BOARD OF LANDSCAPE ARCHITECTS ACT Amended, examination fees 559 GEORGIA BUREAU OF INVESTIGATION Salary changes 306 GEORGIA DRUG ABUSE CONTROL ACT First offense, conditional discharge 271 GEORGIA ELECTION CODE Amended, school principals, etc., as registrars 270 GEORGIA FIREFIGHTER STANDARDS AND TRAINING COUNCIL Amended 693 GEORGIA FOOD ACT Amended 66 GEORGIA GOVERNMENT DOCUMENTS ACT New system 216 GEORGIA HEALTH CODE Hospitalization of alcoholic and drug users 273 Mass gatherings, control of 252 GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION ACT Amended, loan payments, interest on 517 GEORGIA HIGHER EDUCATION ASSISTANCE AUTHORITY ACT Amended, service in locating debtors, purchase of 518 GEORGIA HIGHWAY AUTHORITY Created, etc. 385 GEORGIA INSURANCE CODE Amended 887 GEORGIA LEGISLATIVE RETIREMENT SYSTEM Amended, members, Employees' Retirement System 109

Page 4280

GEORGIA MEAT INSPECTION ACT Amended 56 , 57 , 757 GEORGIA MEDICAL CONSENT LAW Enacted 438 GEORGIA MILITARY FORCES REORGANIZATION ACT Amended 84 , 322 GEORGIA-NORTH CAROLINA AND GEORGIA-TENNESSEE BOUNDARY LINE COMMISSION Created 791 GEORGIA POLYGRAPH EXAMINERS ACT Licenses, etc. 651 GEORGIA PORTS AUTHORITY Conveyance of land to 910 GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX See Revenue GEORGIA STATE BOARD OF ELECTRICAL CONTRACTORS Created 583 GEORGIA STATE BOARD OF EXAMINERS IN OPTOMETRY Examination fees, etc. 425 GEORGIA STATE SCHOLARSHIP COMMISSION ACT Amended, repayment of loans, etc. 520 GEORGIA SURFACE MINING ACT OF 1968 Amended 200 GEORGIA WAR VETERANS HOME Cigar and cigarette tax exemption 346 GEORGIA WAR VETERANS NURSING HOME Cigar and cigarette tax exemption 346

Page 4281

GEORGIA WATER QUALITY CONTROL ACT Enforcement provisions 87 Damages 190 Grants 176 Judgment procedure 191 GERALD, REV. INMAN Compensation to 4119 GILMER COUNTY Additional court reporter 9 Board of education, members' election, referendum 3471 GLASS STANDARDS, SAFETY GLAZING, INSTALLATIONS Commissioner of Labor to enforce 901 GLYNN COUNTY Board of Commissioners, compensation 3125 Business licenses, proposed amendment to the Constitution 975 Sheriff's compensation 3128 State Court, judge, clerk, etc. 2056 GOOD HOPE, TOWN OF Mayor's term, etc. 3553 GORDON COUNTY Airport authority act 2861 GOVERNMENT DOCUMENTS ACT Enacted, etc. 216 GRADY COUNTY Clerk and ordinary placed on salary 2423 School superintendent, board appointment, referendum 2967 GRANTS AND SCHOLARSHIPS Private college students 909 Repayment of loans 520 GRAVES, EUGENE McCLUNG Compensation to 4035

Page 4282

GRIFFIN, CITY OF See also tabular index-Municipalities, Home Rule Amendments . Increase in employees' retirement benefits, proposed amendment to the constitution 935 GRIFFIN JUDICIAL CIRCUIT Court reporter, compensation 523 GUARDIANS Ad litem, mentally ill, appointment expirations 807 Mentally ill, temporary guardians 809 Superintendent's affidavit 790 GUBERNATORIAL TRANSITION ACT Enacted 769 GUYTON, TOWN OF Charter amended 3603 GWINNETT COUNTY Airport Authority Act 3668 Assistant district attorney 70 Judge's duties as Juvenile Court judge deleted 853 Recreation District No. 1 4110 GWINNETT JUDICIAL COURT Judge's duties as Juvenile Court judge deleted 853 H HABERSHAM COUNTY Court reporter, salary change 316 Ordinary's salary changed 2899 Sheriff's compensation changed 2898 Term of court changed 680 HALL COUNTY Certain officers' salaries changed 2538 Commissioners' salaries changed 2640 State Court terms 2505 Tax commissioner's compensation changed 2541

Page 4283

HAMILTON COUNTY, TENNESSEE State Properties Control, powers relative to 837 HAPEVILLE, CITY OF Charter amended, pension system 2077 Homestead exemption, proposed amendment to the constitution 957 HARALSON COUNTY Additional judges 74 Deputy sheriff, additional, authorized 3017 Water Authority Act 3258 HARLEM, CITY OF New charter 2557 HARRIS COUNTY District attorney's salary supplemented 231 Ordinary's salary 2552 Sheriff's compensation 2549 Superior court, clerk's salary 2547 HART COUNTY Ordinary superior court clerk's employees' compensations increased 3058 Sheriff's compensation changed 3062 Tax commissioner's employees 3060 HART COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Land conveyance to, authorized 844 HAZLEHURST, CITY OF Charter amended 3419 HEALTH Alcoholics and drug users, hospitalization of 273 Children, treatment, drug abuse, venereal diseases, consent 337 Children and Youth Act amended, medical services 351 Clinical laboratories include blood and tissue banks 247 Education and physical education courses required 299 Factory built housing 364 Mass gatherings, control of 252 Mentally ill, hospitalization notice 784

Page 4284

Mentally Ill, notice of actions 623 Optometrists, certificate renewal 234 Retarded persons, state facilities, costs 826 Sanitary facilities, construction sites, etc. 669 Venereal diseases, treatment of children, consent 337 Voluntary Sterilization, act amended 869 HEARD COUNTY Commissioner, referendum 2029 HENRY COUNTY Commissioners, purchasing procedures 2652 Mobile home rental units, etc., tax 4127 Tax commissioner, uncollected fees due him 2954 Taxation for water and sewage, proposed amendment to the constitution 950 HIGHWAYS Contracts, road construction, retained amounts 635 Excessive width loads, permits for 43 Farm commodity vehicles, seasonal, inspection exemption 258 Georgia Highway Authority created 385 Modular Homes, permits for, act amended 462 Negotiation with counties, municipalities, for maintenance 397 Tractors, muffler exemption 779 Traffic, 165,000-185,000 679 HILTONIA, TOWN OF Charter amended 3561 HINESVILLE, CITY OF Charter amended 3932 HOBGOOD, JOHN K. Compensation to 3931 HOGANSVILLE, CITY OF Charter amended 2801 HOLIDAYS Banking, emergency declaration 812

Page 4285

HOLLIS, MRS. BOB Compensation to 4047 HOLY BIBLES Sales and use tax exemption, resolution ratified 474 , 698 HOME SOLICITATION SALES ACT Retail Installment, agreement, cancellation 560 HOMESTEAD EXEMPTIONS Federal old age, survivor or disability benefits not included in, proposed amendment to the constitution 947 HOSPITALS Sales and use tax, certain property, exemption ratified 707 Sales and use tax exemption 265 HOUSING Authorities, amended, 5,500-5,500 3013 Authorities, commissioners, terms changed, 200,000 or more, 450,000 or more 414 Authorities, validation of notes, bonds 94 Factory built, certification, etc. 364 Modular homes, sectional houses, portable buildings, permits for highway use 462 HOUSTON COUNTY Airport authority act 2589 Clerk's budget submission time 2445 Fiscal year changed 2970 Judicial Circuit, effective date 647 Ordinary's budget submission time 2441 Sheriff's budget submission time 2443 Tax commissioner's budget submission time 2448 HOUSTON COUNTY JUDICIAL CIRCUIT Creation, effective date 647 HOWELL, JAMES E. Compensation to 3957 HUNSINGER, PAUL Compensation to 4123

Page 4286

HUNTING AND FISHING FEES 38 HURST, MRS. MARY Compensation to 3979 I IGNITED OBJECTS Activities related to, certain, crime 577 INCOME TAX Failure to file on time, penalty 671 Interest on, manner 673 Law amended 605 Medical care defined 371 Net income, same as federal code 350 Returns, preservation of 819 Underpayment penalty 376 INDICTMENT Jointly indicted defendants, trial 891 INGLE, MRS. VERA Compensation to 4066 INSURANCE Cancellation, renewal, etc. 658 Code amended 887 Fire, certain policies, conclusive value 657 Problems legislative advisory committee 923 Self, state property, school buildings 206 Uninsured motorist coverage increased 926 INSURANCE PREMIUM FINANCE COMPANY ACT Amended, unearned premium refunds 324 INSURERS Investments in corporate bonds, conditions 629 INTERSTATE ENVIRONMENT COMPACT ACT Enacted 194 IRWIN COUNTY Sheriff placed on salary 3123

Page 4287

IVEY, TOWN OF Charter amended 2355 J JACKSON COUNTY Secretary to judge 865 State Court, judge, solicitor, salaries 3181 JASPER, CITY OF Homestead exemption, proposed amendment to the constitution 970 JEFF DAVIS COUNTY Tax commissioner's personnel 2894 JEFFERSON COUNTY Ordinary's supplementary compensation 2886 JEKYLL ISLAND STATE PARK AUTHORITY Act amended 452 JENKINS COUNTY Coroner's compensation changed 3040 Sheriff's salary changed 3042 JESUP, CITY OF See also tabular indexMunicipalities, Home Rule Amendments . JOHN NEVILLE BIRCH MEMORIAL BRIDGE Named 780 JOHNSON COUNTY Commissioners' compensation 2633 Court reporter's salary 548 [Illegible Text] compensation 2620 Sheriff's compensation 2627 State Court, judge, solicitor, salaries 2617 Superior Court clerk placed on salary 2630 Tax collector placed on salary 2610 Tax commissioner's office created 2607 Tax receiver placed on salary 2613

Page 4288

JOINT BANK HOLDING COMPANY Study Committee created 928 JOINT COUNTY-CITY TAX BOARD ACT Amended, 600,000 or more 3390 JOINT MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM Act amended 210 JONES, WILLIAM N. Compensation to 3997 JONES COUNTY Board of education, new, referendum 3396 JONESBORO, CITY OF Elections 2854 JUDGES Documents may be signed in any county of circuit 363 Executive secretary, calendar clerk, 145,000-165,000 2965 Trial, retirement, practice of law 335 JUDICIAL CIRCUITS Additional compensation of district attorneys, 145,000-165,000 246 Assistant District Attorneys, multiple judge circuits 451 Secretaries for court reporter, 23,510-23,750; 32,400-32,700 241 JUDICIAL STUDY COMMISSION Counties, 500,000 or more 3174 JURIES Clerk, 145,000-165,000 2964 Compensation of members 205 Composition of, 100,000-160,000 454 Traverse, one jury box for all courts 626 JUSTICE OF THE PEACE Clayton County, study commission created 789

Page 4289

JUVENILE COURT Amended, 145,000-165,000 622 Code enacted 709 Judge's salary, 165,000-175,000 2236 Salaries, judges, 165,000-185,000 4087 Transfer of questions back to superior court 618 K KENNESAW, CITY OF New charter 3620 L LABOR Age, unjust discrimination because of 384 Child, certain employment permitted 638 Fire Fighter's Mediation Act 565 LABOR, COMMISSIONER OF Glass standards, safety glazing, installations 901 LABOR, DEPARTMENT OF Supplemental appropriation 893 LaGRANGE, CITY OF Charter amended 2415 LAKELAND, CITY OF Charter amended 3394 LAMAR COUNTY Board of commissioners' compensation changed 3116 Board of education, members' election, referendum 2170 Sheriff's and deputies' salaries 2500 LAND SALES, OUT OF STATE, ACT Enacted 856 LANDLORD AND TENANT Summons, service, answer 536

Page 4290

LANIER COUNTY County attorney, compensation 3104 Court reporter, compensation, method 561 Sheriff's compensation changed 3106 Superior Court, terms 459 LAURENS COUNTY Court reporter, salary 548 Ordinary placed on salary 2622 LAW ENFORCEMENT OFFICERS Witness fees, 145,000-165,000 2262 LAW LIBRARY Act amended, 145,000-165,000 2959 Act amended, 165,000-185,000 3555 Counties 180 LEACHMAN, CHARLIE K. Compensation to 3981 LEE COUNTY Court reporter, salary 541 Sheriff's salary changed, etc. 2223 Superior court deputy clerks 2225 LEESBURG, CITY OF Corporate limits, referendum 3976 LEGISLATIVE BUDGET ANALYST Employment of 67 LEGISLATIVE FISCAL OFFICES Duties of 67 LEGISLATIVE RETIREMENT SYSTEM Amended 107 , 930 Included in Employees' Retirement System 109 LEGISLATIVE SERVICES COMMITTEE Act amended 67

Page 4291

LEGISLATURE Employees, State Merit System status 832 LIBERTY COUNTY Additional judge 918 LICENSES Alligators and crocodiles, Acts repealed 236 Aviation Gasoline Dealers 529 Business, tax exemption, transferred to Veterans Service Director 348 Chiropractors 260 Chiropractors, examinations 455 Driving, suspended, driving intoxicated, nolo contendere plea 890 Food sales establishments 66 Georgia Polygraph Examiners Act 651 Hunting and fishing fees 38 Medical examination, eligibility of certain aliens to take 223 Motor fuel dispensing pumps 683 Motor vehicle race 562 Plates, governmental 667 LITTER CONTROL LAW Amended 886 LIVESTOCK Feeding garbage to prohibited 60 Payment for at sales 72 LONG COUNTY Additional judge 918 LOOKOUT MOUNTAIN JUDICIAL CIRCUIT District attorney's clerk-typist, salary change 325 LOUISVILLE, CITY OF Charter amended 2488 LUMPKIN, CITY OF Corporate limits changed 3505 LUMPKIN COUNTY Ordinary's salary changed 2300

Page 4292

LYONS, CITY OF Charter amended, boundary 2982 M McINTOSH COUNTY Additional judge 918 McINTYRE, TOWN OF New charter 2370 MACON AND BIBB COUNTY CITIZENS COMMISSION Efficiency and economy in government 2997 MACON, CITY OF See also tabular indexMunicipalities, Home Rule Amendments . Authorized to convey part of park 2484 Efficiency and economy commission 2997 MACON COUNTY Court reporter, salary 541 MALT BEVERAGES Possession, amount of, non payment of taxes, crime 817 Taxes, reporting system, collection of 571 MARIETTA, CITY OF Corporate limits changed, etc. 3153 Downtown Development Authority 3459 Water Authority Act, bond limitation increased 3485 MARIETTA WATER AUTHORITY ACT Bond limitation increased 3485 MARION COUNTY District Attorney's salary supplemented 231 Mass gatherings, control of 252 MASTER ELECTRICIANS ACT Amended, 150,000-500,000 3220

Page 4293

MAYE, ROLAND Compensation to 3994 MEDICAL CONSENT LAW Enacted 438 MEDICAL EXAMINERS BOARD Appointments 689 MEDICAL RECORDS Evidence, authentication of 441 MEDICAL SERVICES Transfusions, etc. 457 MEDICINE, PRACTICE OF Examinations, eligibility of certain aliens to take 223 MENTALLY ILL Custody, ordinary may order 796 Guardian, appointment, superintendent's affidavit 790 Guardians, temporary, appointment 809 Guardian ad litem, appointment expirations 807 Hospitalization, notice 784 Notice of actions 623 MERIT SYSTEM COMPENSATION PLAN Additional longevity steps 204 MERIWETHER COUNTY Deputy sheriffs 3195 METROPOLITAN AIRPORT AUTHORITIES Created, 190,000-400,000 2059 METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSION Enacted 17 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT OF 1965 Amended 2082 , 2092

Page 4294

MIDWAY, CITY OF Charter amended 3935 MILITIA Pay 322 MILLEDGEVILLE, CITY OF Corporate limits changed 3200 Lease of land to, authorized 820 MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT Amended 574 Amended, student honors program 885 MINING, SURFACE Act amended 200 MOBILE HOMES Permits, counties, municipalities 631 MOBLEY, W. R. Compensation to 4121 MODULAR HOMES Highways, special permits, act amended 462 MONROE, CITY OF New charter 3221 MONROE COUNTY Assistant tax commissioner and clerk 3383 Board of commissioners, terms of members, referendum 3381 Commissioners' compensation, referendum 3071 Sheriff's personnel 3068 MONTGOMERY COUNTY Board of commissioner's expenses 2491 Deputy sheriff, compensation, etc. 2856 Tax commissioner, compensation 2945 MORGAN COUNTY Commission, members' election 2638

Page 4295

MORROW, CITY OF New charter 3998 MOSELY, ARTHUR Compensation to 3968 MOTOR CARRIERS Refund tax method changed 684 MOTOR FUEL Aviation gasoline, special, etc., tax 529 Dispensing pumps, licenses 683 Excise tax increased 81 Gross sales not to include Federal excise tax 81 Refunds 330 MOTOR VEHICLES Driving intoxicatednolo contendere plea, effect of 249 Driving intoxicated, nolo contendere plea, subsequent 890 Emission Control Act 186 Exemption, parking brakes, inspection 515 Governmental purposes, license plates 667 Inspection of, seasonal farm commodities exempted 258 Junked, etc., removal of 670 Lights, flashing or revolving, amber only authorized 781 Manufacturer's safety warranty, etc. 373 Rolling stores, maintenance tax repealed 348 Security, owners of, giving, actions, time 654 Security deposits; limitations of actions 634 Tractors, muffler exemption 779 Unserviceable emission control devices 188 MOTOR VEHICLE RACE ACT Amended, license, rules, etc. 562 MOULTRIE, CITY OF Charter amended 3982 MOUNTAIN JUDICIAL CIRCUIT Court reporter, salary change 316 Habersham County, court term changed 680 MOUNTAIN VIEW, CITY OF Grants to though omitted from 1970 census 42

Page 4296

MUNICIPAL COURT OF SAVANNAH Act amended 2901 MUNICIPALITIES Adult bookstores, area restriction 888 Annexation, county approval, when, 200,000-500,000 4112 Boundaries, alternative method 398 Boundaries, annexation prohibited across county boundaries 399 Employees, pensions, 150,000 or more 2939 Firemen's pension system, 150,000 or more 2937 Grants, omission from 1970 census 42 Highways, negotiation with, for maintenance 397 Housing Authorities Law, 200,000 or more 414 Housing Authorities Law, 450,000 or more 415 Incorporation provisions when within 3 miles of city 90 Joint city-county board of tax assessors, act amended, 300,000 or more 3799 Joint Municipal Employees' Retirement Act amended 210 Mobile Homes, location, permits 631 Motor fuel dispensing pumps, licensing 683 Motor vehicles, junked, etc., removal 670 Planning Commission Act amended 423 Police department pension benefits, 150,000 or more 2234 Public school personnel, tenure, etc. 3076 Recreational systems changed 262 Rezoning annexed land, county approval, when, 400,000-600,000 4114 Urban Redevelopment Law amended 445 Urban Redevelopment Law amended, 33,000-34,000 473 Uniform crime reporting system 381 Voters list, county, 400,000-600,000 634 MURRAY COUNTY Board of education members, referendum 2120 MUSCOGEE COUNTY Clerk's salary changed 2244 District Attorney's salary supplemented 231 Municipal court, officer's salaries changed 2241 Ordinary's salary 2251 School districts, members 2452 Sheriff's salary 2239 State court, judge, solicitor, etc., salaries 2246 Tax commissioner's salary 2248

Page 4297

N NADER, ALFRED H. [Illegible Text] to 3940 NET INCOME Definititon same as federal code 350 NEWNAN, CITY OF Charter amended 2003 Mayor and aldermen, compensation changed 3099 NEWTON, CITY OF Charter amended 2683 NEWTON COUNTY Board of commissioners' act amended 3022 Board of education, election of members, referendum 2881 Business licenses, proposed amendment to the constitution 945 Ordinary's compensation 3005 Public defender 2686 Sheriff's compensation 3000 Superior court, clerk's compensation 3003 Tax commissioner's compensation 3008 Water and sewage, etc., proposed amendment to the constitution 942 NIPPER, WILLIAM Compensation of 3991 NORMAN, DONALD FRANKLIN, SR. Compensation to 4116 NORTH CAROLINA (GEORGIA) Boundary line Commission 791 NORTH GEORGIA MOUNTAINS AUTHORITY ACT Amended, security officers 315 NURSING HOMES Sales and use tax, exemption 265

Page 4298

O OBSCENE MATERIALS Contraband, etc. 345 OCONEE, CITY OF Grants to though omitted from 1970 census 42 OCONEE COUNTY Investigator provided 681 Sheriff's salary 3915 O'NEAL, E. L. Compensation to 4063 OPTOMETRISTS Certificate renewal 234 Examination fees changed, etc. 425 ORDINARY Certain, prisoners, may farm out, act repealed 2831 Clerk, 20,600-21,000 538 Compensation, 145,000-165,000 3103 Court of, clerk, 20,600-21,000 538 Court of, fee schedule changed 591 Fulton County, judge's salary increased 2304 Judge emeritus, 150,000-167,000 2940 Qualifications, change, 196,000 or over 3065 OUT OF STATE LAND SALES ACT Enacted 856 P PARK LEASES County, 600,000 or more 3386 PAULDING COUNTY Additional judges 74 PEACE OFFICER'S ANNUITY AND BENEFIT FUND Optional benefits on retirement 12

Page 4299

PEACH COUNTY Airport authority act 2589 Board of commissioners, act amended 3012 Board of Commissioners, compensation 2979 Business regulation 2450 Ordinary relieved of certain duties 2977 PEARSON, CITY OF New charter 2266 PELHAM, CITY OF Board of education, referendum 2017 PEMBROKE, CITY OF Ordinance adoption, procedure 3826 PENITENTIARIES Entering with certain drugs 220 PERRY, CITY OF Airport authority act 2589 Telephone system, public authority, proposed amendment to the Constitution 934 PERRY-FORT VALLEY AIRPORT AUTHORITY Created 2589 PERSONAL PROPERTY Ad valorem taxation, exemption 3 PICKENS COUNTY Commissioner's compensation changed 2325 Court reporter, additional 9 Hospital Authority, members terms 2324 Ordinary's compensation changed 2322 Sheriff's compensation changed 2321 Tax commissioner placed on salary 2347 PIEDMONT JUDICIAL CIRCUIT Secretary to judge 865

Page 4300

PIERCE COUNTY Commissioner's chairman, compensation 2888 Ordinary placed on salary, referendum 2492 Sheriff's, etc., salaries, referendum 2496 PIKE COUNTY County depository 3689 Court reporter, compensation changed 523 Small claims court created 3692 PINEORA, CITY OF Charter amended 3598 PLANNING AND DEVELOPMENT Metropolitan Area Commissions Created 17 PLANNING COMMISSION ACT Amended 423 PLATS Recording, certain counties, 600,000 or more 3385 PLUMBING CONTRACTORS ACT, STATE BOARD OF EXAMINERS OF Amended 843 POLICE DEPARTMENT PENSION ACT Pension benefits, 150,000 or more 2234 POLICEMEN Expenses, counties, 6,650-6,800 2719 Pension act amended, 600,000 or more 3391 POLK COUNTY Additional judges 74 Ad valorem tax collection, proposed amendment to the constitution 978 Coroner's salary 3198 Ordinary's salary changed, etc. 3818 State Court; judge's compensation 3816 Water authority act amended 3712

Page 4301

POOLER, TOWN OF Corporate limits changed 3508 PORT WENTWORTH, CITY OF Charter amended 3032 POWDER SPRINGS, CITY OF Charter amended 2656 PRACTICE AND PROCEDURE Air quality control 183 , 184 Air quality control, judgment 193 Cost deposit in civil proceedings 214 Death sentence cases, Supreme court remittitur 212 Evidence, same subject, nor cross-examination, not waive prior objection 460 Illegitimate child, dependency on mother, requirement stricken, tort 359 Jointly indicted defendants, trial 891 Municipal Court of Atlanta 2971 Notice, mentally ill persons, actions 623 Pre-sentence hearings, opening and closing arguments 902 Verdicts, direction of 460 Water, quality control, judgment procedure 191 Water Quality Control 87 Water Quality Control, damages 190 PRE-SENTENCE HEARINGS Arguments, opening and closing 902 PRESTON, TOWN OF Corporate limits, referendum 3705 PRICE, JAMES E. 4058 PRISONERS Escape, State facilities, costs, sheriff, clerk 572 Ordinaries, certain, may farm out; act repealed 2831 Special leave 342 Transfers pending appeals 341 Vocational Training Program 581 Work release programs, compensation to counties 435

Page 4302

PRIVATE COLLEGES Grants and scholarships to students 906 PRIVATE FOUNDATIONS Taxation avoidance, election, etc. 643 Charitable, or split interest trusts, self-dealing prohibited, etc. 430 Self-dealing prohibited, etc. 428 PROPERTY EVALUATION County, continuing capital fund 664 PROPERTY, STATE Central Inventory, movable personal property 400 PUBLIC ASSEMBLY Sanitary facilities at, etc. 669 PUBLIC INDECENCY Indecent exposure, participation in 344 PUBLIC NUISANCE Obscene Matters 344 PUBLIC PROPERTY Sale of, 165,000-185,000 678 Sale of, 600,000 or more 646 PUBLIC SAFETY, DEPARTMENT OF Bureau of Investigation agents, qualifications 303 Salary changes 306 , 309 PUBLIC SCHOOL BUILDINGS Self insurance plan, formulation of 206 PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM ACT Amended 416 , 917 PUBLIC SCHOOL SYSTEMS Tenure of personnel, etc., 300,000 or more 3076

Page 4303

PULASKI COUNTY Deputy Sheriff, compensation 2903 PUTNAM, JOAN ELIZABETH Compensation to 3909 Q QUITMAN-BROOKS COUNTY AIRPORT AUTHORITY Enacted 3402 QUITMAN, CITY OF Airport authority act 3402 Commissioners, number of, referendum 3278 R RABUN COUNTY County employees' salaries 3134 Court reporter, salary change 316 RACE ACT, MOTOR VEHICLE Amended, license, rules, etc. 562 RANDOLPH COUNTY Airport authority act 2837 RAPID TRANSIT Authorization may be given to buy sales and use tax for 95 Sales and use tax suspension, ratified 758 RAWLINGS, JOHN H. Compensation to 4081 RAYLE, TOWN OF Grants to though omitted from 1970 census 42 REAL PROPERTY Tax on transfer of 266

Page 4304

RECREATION Counties and municipalities, systems changed 262 Examination, Examiners, eligibility for 357 REFUNDS Method of making tax refunds changed 378 REGISTRARS, BOARD OF School principals, etc., as registrars 270 RELIGIOUS INSTITUTIONS Wine tax exemption, ratified 762 REORGANIZATION, EXECUTIVE BRANCH Enacted 4 RESIDENTS New, sales and use tax on non-business property, exempt 653 RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT Amended, cancellation, agreement 560 RETARDED PERSONS Treatment, State facilities, costs 826 RETIREMENT Clerks, superior court, act amended 321 Employees' System, amended 339 Employees' system, interest rates 418 Firemen's Pension Fund Act amended 332 Joint Municipal Employees' Retirement System 210 Legislative, amended 930 Peace Officers, optional benefits 12 Public Safety Members, disability 685 Public School Employees 416 , 917 Solicitors, county systems, eligibility for, 145,000 - 165,000 3876 State Employees' act amended 338 Superior Court, clerk's retirement act amended 228 Teachers', act amended, 224 , 226 , 409 , 413 , 573 , 620 , 627 Trial judges and solicitors, practice of law 335 REVENUE Ad valorem taxation, personal property exempt from 3 Business license tax exemptions, transferred 348

Page 4305

Cigar and cigarette tax, veterans homes, exempt 346 Cigarette Excise Tax, etc. 36 Code 92-2950 through 92-2961 repealed 348 Foreign corporations, act amended 665 Foreign corporations, tax on, amended 662 Income tax law amended 605 Income tax, failure to file returns on time, penalty 671 Income tax, interest on 673 Income tax, medical care defined 371 Income taxes, underpayment penalty 376 Malt beverages, taxes, possession of certain amount without payment of 817 Malt Beverage taxes, reporting system 571 Motor carriers, refund method changed 684 Motor Fuel, Excise Tax increased 81 Motor Fuel tax law amended, refunds 330 Motor-fuel taxes-special aviation gasoline, etc. 529 Net income definition, same as federal code 350 Notice to taxpayer by County Board of Tax Assessors 33 Real property, tax on transfer of 266 Refunds, method of making, changed 378 Reporting system, malt beverage taxes 571 Rolling store, maintenance tax repealed 348 Taxes and use taxAuthorization may be given to political subdivisions 81 Sales and use tax, farm machinery and equipment, exemption 80 Sales and use taxgross sales on motor fuels 81 Sales and use tax, Holy Bibles, etc., ratified 474 , 698 Sales and use tax, hospital exemption 265 Sales and use, hospitals, exemption ratified 707 Sales and use tax, new residents, non-business property, exemption 653 Sales and use taxNursing homes, exemptions 265 Sales and use taxproperty, certain purchased outside of State, exemption ratified 691 Sales and use tax, rapid transit, levy for 95 Sales and use tax, sacred scripture exempt 474 , 698 Sales and use taxtransit systems, suspension ratified 758 School tax, commissions, 400,000 or less 2891 Taxes, penalty, non payment, 165,000-185,000 675 Wine taxes, religious institutions, certain sales exemptions ratified 762 Wine tax, reporting system authorized 663 REVENUE TAX ACT TO LEGALIZE AND CONTROL ALCOHOLIC BEVERAGES AND LIQUORS Amended, Election Day defined 864

Page 4306

REVENUE COMMISSIONER Income tax returns, preservation, time 819 Tax digests, approval of, regardless of arbitration or appeals 301 REVENUE, DEPARTMENT OF Checks, uncollectible, write off, authorization 765 RICHARD BREVARD RUSSELL MONUMENT COMMISSION Created 782 , 808 RICHMOND COUNTY Capital improvement tax exemption, proposed amendment to the constitution 936 Chief Assistant District Attorney, salary 539 Civil Court act amended 2745 Health department act amended 3618 Judge emeritus positions, Municipal and Civil Courts 3872 Judges' supplemental salaries increased 850 Retirement benefits, refunds 3881 Superior court judge added 471 Unified government, Augusta, referendum 2123 RINGGOLD, CITY OF Charter amended 3960 RIVERDALE, CITY OF City manager, referendum 3829 ROCKDALE COUNTY Clerk's salary changed, etc. 2014 Commissioner's salary increased 2012 Ordinary's salary increased 2006 Public defender 2686 Sheriff's salary increased 2009 Tax Commissioner's salary changed, etc. 3095 ROCKMART, CITY OF Charter amendment, referendum 3708 RODDENBERY, F. W. Compensation to 3975

Page 4307

ROLLING STORE Maintenance tax repealed 348 ROME, CITY OF Charter amended 3664 ROSSVILLE, CITY OF Mayor's compensation changed, etc. 4131 ROSWELL, CITY OF New charter 3289 ROYAL-GLOBE INSURANCE COMPANY Compensation to 4118 RUSSELL, RICHARD BREVARD Monument Commission Created 782 , 808 S SALES ACT, HOME SOLICITATION Retail installments, cancellation 560 SANDERSVILLE, CITY OF Charter amended 3922 SAVANNAH, CITY OF Board of Aldermen, salaries changed 3114 Municipal court act amended 2901 Transit Authority, compensation 4120 SCHLEY COUNTY Court reporter, salary 541 SCHOOL BUILDINGS, PUBLIC Self-insurance plan, formulation for 206 SCHOOL TAX Commissions, 400,000 or less 2891

Page 4308

SCONYERS, CORTEZ H. Land conveyance authorized 688 SCREVEN COUNTY State Court; judge, solicitor, salaries 3177 SCRIPTURE, SACRED Exempt, sales and use tax 474 , 698 SECURITY Motor vehicle owners, time limitations, actions 654 SELF-DEALING Foundations, private, charitable, split interest, etc., prohibited 430 Private Foundation, prohibited 428 SHERIFFS Costs, escape, State facilities 572 Deputy, compensation, 23,510-23,700 2878 Employees' compensation 3140 Minimum salaries 380 Placed on salary, 8,250-8,330 3138 Salary act exclusion, 12,750-12,900 3180 SHRIMP Season extended, etc. 221 SHILOH, CITY OF Charter amendment, referendum 2804 SINCLAIR, SCOTT F. Compensation to 3953 SMALL CLAIMS COURT Act amended, 18,258-19,148 2999 Act amended, 6,100-6,400 3179 Act amended, 13,635-14,765 3277 Act amended, 34,500-39,500 2860 Act inapplicable to certain counties, 15,700-15,825 3661 Created, 8,750-8,950 4067

Page 4309

SMITH, C. B. Compensation to 3988 SMITH, DR. JAMES W. Compensation to 4125 SMYRNA, CITY OF Civil Service Board, clerk appointment, etc. 3488 SNELLVILLE, TOWN OF Charter amended 3574 SOLICITORS Assistant, 145,000-165,000 2960 Retirement, practice of law 335 SOUTH FULTON CHARTER COMMISSION Created 828 SOUTH FULTON CITIZENS COMMITTEE Created 833 SOUTHEASTERN FOREST EXPERIMENT STATION Lease of land authorized 772 , 825 SOUTHWESTERN JUDICIAL CIRCUIT Court reporter, salary 541 SPALDING COUNTY Clerk, sheriff, ordinary, salaries 3985 Commissioners' compensation changed 3112 Coroner's compensation changed 3108 Court reporter, compensation changed 523 Tax commissioner's compensation changed 3110 SPARTA, CITY OF Charter amended 2536 STATE BOARD OF BAR EXAMINERS ACT Amended 763

Page 4310

STATE BOARD OF CORRECTIONS Penitentiaries, entering with certain items 220 STATE BOARD OF EXAMINERS OF PLUMBING CONTRACTORS Act amended 843 STATE BOUNDARY Garbage, etc., certain transportation of, prohibited 445 STATE BUILDING ADMINISTRATION BOARD ACT Amended 242 STATE COMMISSION ON COMPENSATION Created 103 STATE COURTS Judge, associate, 145,000-165,000 3053 Judges, certain, secretary, 145,000-165,000 2859 Judge emeritus, 150,000-165,000 2237 Judge, solicitor, compensation, 145,000-165,000 3103 STATE DEPOSITORIES ACT Amended 553 STATE EMPLOYEES' RETIREMENT SYSTEM ACT Amended 338 Public Safety Members, disability 685 STATE GOVERNMENT REORGANIZATION ACT Enacted 4 STATE HIGHWAY BOARD Meetings, compensation, etc. 352 STATE MERIT SYSTEM Employees, Legislative Branch 832 STATE PERSONNEL BOARD Act amended 45 Additional longevity steps 204

Page 4311

STATE PROPERTIES ACQUISITION LAW Amended 426 STATE PROPERTIES CONTROL CODE Amended 578 STATE PROPERTY Central inventory, movable personal property 400 Self-insurance, public school buildings 206 STATE RETARDATION FACILITIES Patients, costs 826 STATE REVENUE COMMISSIONER Income tax returns, preservation, time 819 Tax digests, appeals or arbitration not for approval of 301 STEPHENS COUNTY Board of education, election of, referendum 3118 Clerk's compensation 2737 Court reporter, salary change 316 Sheriff's compensation 2735 State Court, judge, solicitor, salaries 2731 STERILIZATION, VOLUNTARY Act amended 869 STEWART COUNTY Court reporter, salary 541 STEWART, MILTON Compensation to 3936 STOCKBRIDGE, CITY OF Charter amended 3282 STUDENT HONORS PROGRAM Private high school participation 884 SUMMERTOWN Grants to though omitted from 1970 census 42

Page 4312

SUMMERVILLE, CITY OF Charter laws consolidated 2111 SUMTER COUNTY Commissioner's compensation changed 2534 Court reporter, salary 541 Superior city courts' clerks, compensation 3014 Superior court terms 3911 SUPERIOR COURTS Assistant District Attorneys, multiple judge circuits 451 Civil proceedings, cost deposit 214 Clerks, attendance, court of ordinary, 6,700-6,825 2299 Clerk, duties, 2,300-2,400 3441 Clerk, fees amended 699 , 774 Clerks fees, 165,000-185,000 3557 Clerk, placed on salary, 8,250-8,330 3136 Clerks, retirement Act amended 228 , 321 Clerk, serve also in inferior court, certain counties, act repealed 2826 Court reporters, expenses 417 District Attorneys, assistants, multiple judge circuits, compensation 823 District Attorney, supplemental salary of (18,200-18,900) 230 Judge, executive secretary, calendar clerk, 145,000-165,000 2965 Judge may sign documents in any county of circuit 363 Jurors and bailiffs, compensation of 205 Juvenile Court, questions transferred back 618 Law Assistants, 145,000-165,000 2261 SUPREME MEADOW ICE CREAM COMPANY Compensation to 3884 T TALBOT COUNTY District Attorney's salary supplemented 231 Sheriff's salary increased 2665 Tax commissioner's compensation 2663 TALBOTTON, CITY OF New charter 3725

Page 4313

TALIAFERRO COUNTY Board of commissioners, chairman, bond 3957 TALLAPOOSA JUDICIAL CIRCUIT Additional judges 74 TALLULAH FALLS, TOWN OF Charter amended 3820 TATTNALL COUNTY Additional judge 918 Compensation to 4116 TAX ASSESSORS, COUNTY Appeals from assessments not bar to digest approval 301 Joint city-county board, act amended, 300,000 or more 3799 Notice to taxpayers 33 Qualifications, study authorized 778 Terms, act amended, 165,000-185,000 3558 TAX BOARD, JOINT COUNTY-CITY Amended, 600,000 or more 3390 TAX COLLECTORS AND COMMISSIONERS Ex-officio sheriffs, 170,000-190,000 3077 TAX COMMISSIONER Commissions, 145,000-165,000 2256 Compensation, 145,000-165,000 3103 Levy of fi. fas., 13,635-14,765 3020 Powers, 7,317-7,597 3685 TAX DIGESTS Appeals or arbitration, not bar approval of 301 TAX LEVIES Counties, 600,000 or more 3388 TAX RECEIVER Education taxes, per cent of, 6,400-6,410 3066

Page 4314

TAYLOR COUNTY Clerk, superior court, placed on salary 3190 District Attorney's salary supplemented 231 Ordinary placed on salary 3185 Sheriff's compensation changed 3183 Small Claims Court 3513 Tax Commissioner's compensation 3188 TEACHERS' RETIREMENT SYSTEM Amended 226 , 409 , 620 , 627 Certain Pensions increased 224 Interest rates 413 Post-retirement benefits adjustment 573 TELFAIR COUNTY Board of commissioners, referendum 3348 TENANTS HOLDING OVER Summons, answer 536 TENNESSEE (GEORGIA) Boundary line Commission 791 THOMASTON, CITY OF Corporate limits 4060 THOMASVILLE, CITY OF See also tabular indexMunicipalities, Home Rule Amendments . TIFT COUNTY Airport authority act amended 2833 Board of commissioners, chairman's election, referendum 2795 Board of education, members, terms, referendum 2722 Governmental study committee 3867 State Court created 2468 TIFTON, CITY OF Charter amended 2025 TOCCOA, CITY OF Charter amended 3051 , 3324

Page 4315

TORTS Illegitimate child, dependency on mother, requirement stricken 359 Transfusions, etc. 457 TOWNS COUNTY Court reporter, salary change 316 TRACTORS Muffler exemption 779 TREASURER Compensation, 145,000-165,000 3103 Depository, as; 23,350-37,700 2879 Investment of county funds, 100,000-150,000 4078 TREUTLEN COUNTY Court reporter, salary 548 Grand jury may appoint board of education 2437 TRIAL JUDGES AND SOLICITORS RETIREMENT FUND ACT Amended, practice of law 335 TRIALS Direction of verdicts, criminal cases 460 TRUST INSTITUTIONS Inclusion of foreign trust institutions 639 TRUSTS Private foundations, taxation avoidance, election, etc. 643 Split interest, self-dealing, etc., prohibited 430 TUNNEL HILL, TOWN OF Grants to though omitted from 1970 census 42 TURNER COUNTY Secretary to sheriff, referendum 2021 TWIGGS COUNTY Commissioners, residence of 3564 Court reporter, salary 548

Page 4316

TWIN CITY, CITY OF Charter amended 2517 U UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS Amended, 165,000-185,000 679 Farm commodities, inspection exemption 258 Nolo contendere, subsequent plea, driving intoxicated 890 Tractor exemption, mufflers 779 Unserviceable emission control device 188 Vehicles, certain, exempted, parking brakes 515 UNIFORM CRIME REPORTING SYSTEM Created 381 UNIFORM NARCOTIC DRUG ACT First offense, conditional discharge 271 UNINSURED MOTORISTS Insurance coverage increased 926 UNION CITY Charter amended 2227 UNION COUNTY Court reporter, salary change 316 UPSON COUNTY Court reporter, compensation changed 523 Sheriff's salary increased 2333 URBAN REDEVELOPMENT LAW Amended 445 Amended 33,000-34,000 473 Amended, 165,000-185,000 3559 V VALDOSTA, CITY OF Corporate limits changed 3352

Page 4317

VAN WERT, TOWN OF Grants to though omitted from 1970 census 42 VARNELL, CITY OF Grants to though omitted from 1970 census 42 VENEREAL DISEASES Treatment, children, consent 337 VETERANS SERVICE, DIRECTOR OF Business license tax exemptions, transferred to 348 VOCATIONAL REHABILITATION Workshop definition changed 89 VOCATIONAL TRAINING PROGRAM Prisoners 581 VOLUNTARY STERILIZATION ACT Amended 869 W WALKER COUNTY Clerk's compensation changed 2319 District Attorney's clerk typist, salary change 325 Ordinary's compensation changed 2316 Sheriff, deputy, part-time, additional 2231 Tax Commissioner's compensation changed 2317 WALTON COUNTY Board of commissioners, salaries 4052 Investigator provided 681 Sheriff's compensation changed, etc. 3087 Superior court clerk, ordinary, salary changes, etc. 3084 Tax commissioner's compensation changed 3090 WARE COUNTY Ordinary and tax receiver, salaries 2720 WARNER ROBINS, CITY OF Corporate limits, referendum 3580

Page 4318

WARRANTY Manufacturer, automobiles, safety standards 373 Manufacturer, watercraft 419 Transfusions, etc., none implied 457 WARREN COUNTY Clerk's compensation 2522 Commissioner's compensation changed 2529 County policeman 2519 Ordinary's compensation changed 2527 Sheriff's compensation changed 2524 WARRENTON, CITY OF Charter amended 2742 WASHINGTON COUNTY Budgets of county officers 2295 Clerk's compensation changed 2462 Ordinary placed on salary 2289 Tax commissioner, deputy, compensation 3439 Tax Commissioner placed on salary 2292 WATER Enforcement of quality control 87 Grants 176 Quality control, damages 190 Quality control, judgment procedure 191 WATER AUTHORITIES Created, 4,000-4,575 4089 WATERCRAFT Information, display of, etc. 419 WAYNE COUNTY Board of education, size, referendum 2715 Sheriff's and Superior Court Clerk's salaries, referendum 2678 WAYNESBORO, CITY OF New charter, referendum 3328 WEBSTER COUNTY Clerk of commissioner, salary 2581 Court reporter, salary 541

Page 4319

WESTERN JUDICIAL CIRCUIT Investigator 681 WEST POINT, CITY OF Charter amended 2768 , 2770 WHITFIELD, COUNTY OF County administrator 2439 WICHT, M. C., SR. Compensation to 4122 WILKES COUNTY Development of trade 3400 Ordinary's compensation 2729 WILKES, WILSON BRYANT Building named 855 WILKINSON COUNTY Sheriff, automobiles 3913 Tax commissioner's personnel, compensation 3206 WILSON BRYANT WILKES BUILDING Named 855 WILLIAMS, MARGIE BRYANT Compensation to 4077 WILLS Administrator, payment of debts, time 433 Administrator, actions against 433 Administrator, discharge 433 Administrator, discharge, corporate 433 Banks, certain, as administrators, relieved of giving bond 633 WINE TAX Religious institutions, exemptions ratified 762 Reporting system authorized 663

Page 4320

WITNESSES' FEES Law enforcement officers 2262 Population figures changed, 145,000-165,000 437 WORKMEN'S COMPENSATION ACT Amended 895 WRIGHT, ELIJAH Compensation to 4124 WRIGHTSVILLE, CITY OF Charter amended 2707 Z ZEBULON, CITY OF Charter amended, referendum 3686 ZOUMBERIS, D. N. Compensation to 4052

Page 4321

POPULATION OF GEORGIA COUNTIES County 1970 1960 1950 1940 1930 1920 Appling 12,726 13,246 14,003 14,497 13,314 10,594 Atkinson 5,879 6,188 7,362 7,093 6,894 7,656 Bacon 8,233 8,359 8,940 8,096 7,055 6,460 Baker 3,875 4,543 5,952 7,344 7,818 8,298 Baldwin 34,240 34,064 29,706 24,190 22,878 19,791 Banks 6,833 6,497 6,935 8,733 9,703 11,814 Barrow 16,859 14,485 13,115 13,064 12,401 13,188 Bartow 32,663 28,267 27,370 25,283 25,364 24,527 Ben Hill 13,171 13,633 14,879 14,523 13,047 14,599 Berrien 11,556 12,038 13,966 15,370 14,646 15,573 Bibb 143,418 141,249 114,079 83,783 77,042 71,304 Bleckley 10,291 9,642 9,218 9,655 9,133 10,532 Brantley 5,940 5,891 6,387 6,871 6,895 Brooks 13,739 15,292 18,169 20,497 21,330 24,538 Bryan 6,539 6,226 5,965 6,288 5,952 6,343 Bulloch 31,585 24,263 24,740 26,010 26,509 26,133 Burke 18,255 20,596 23,458 26,520 29,224 30,836 Butts 10,560 8,976 9,079 9,182 9,345 12,327 Calhoun 6,606 7,341 8,578 10,438 10,576 10,225 Camden 11,334 9,975 7,322 5,910 6,338 6,969 Campbell 9,903 11,709 Candler 6,412 6,672 8,063 9,103 8,991 9,228 Carroll 45,404 36,451 34,112 34,156 34,272 34,752 Catoosa 28,271 21,101 15,146 12,199 9,421 6,677 Charlton 5,680 5,313 4,821 5,256 4,381 4,536 Chatham 187,767 188,299 151,481 117,970 105,431 100,032 Chattahoochee 25,813 13,011 12,149 15,138 8,894 5,266 Chattooga 20,541 19,954 21,197 18,532 15,407 14,312 Cherokee 31,059 23,001 20,750 20,126 20,003 18,569 Clarke 65,177 45,363 36,550 28,398 25,613 26,111 Clay 3,636 4,551 5,844 7,064 6,943 5,557 Clayton 98,043 46,365 22,872 11,655 10,260 11,159 Clinch 6,405 6,545 6,007 6,437 7,015 7,984 Cobb 196,793 114,174 61,830 38,272 35,408 30,437 Coffee 22,828 21,953 23,961 21,541 19,739 18,653 Colquitt 32,200 34,048 33,999 33,012 30,622 29,332 Columbia 22,327 13,423 9,525 9,433 8,793 11,718 Cook 12,129 11,822 12,201 11,919 11,311 11,180 Coweta 32,310 28,893 27,786 26,972 25,127 29,047 Crawford 5,748 5,816 6,080 7,128 7,020 8,893 Crisp 18,087 17,768 17,663 17,540 17,343 18,914 Dade 9,910 8,666 7,364 5,894 4,146 3,918 Dawson 3,639 3,590 3,712 4,479 3,502 4,204 Decatur 22,310 25,203 23,620 22,234 23,622 31,785 DeKalb 415,387 256,782 136,395 86,942 70,278 44,051 Dodge 15,658 16,483 17,865 21,022 21,599 22,540 Dooly 10,404 11,474 14,159 16,886 18,025 20,522 Dougherty 89,639 75,680 43,617 28,565 22,306 20,063 Douglas 28,659 16,741 12,173 10,053 9,461 10,477 Early 12,682 13,151 17,413 18,679 18,273 18,983 Echols 1,924 1,876 2,494 2,964 2,744 3,313 Effingham 13,632 10,144 9,133 9,646 10,164 9,985 Elbert 17,262 17,835 18,585 19,618 18,485 23,905 Emanuel 18,357 17,815 19,789 23,517 24,101 25,862 Evans 7,290 6,952 6,653 7,401 7,102 6,594 Fannin 13,357 13,620 15,192 14,752 12,969 12,103 Fayette 11,364 8,199 7,978 8,170 8,665 11,396 Floyd 73,742 69,130 62,899 56,141 48,677 39,841 Forsyth 16,928 12,170 11,005 11,322 10,624 11,755 Franklin 12,784 13,274 14,446 15,612 15,902 19,957 Fulton 607,592 556,326 473,572 392,886 318,587 232,606 Gilmer 8,956 8,922 9,963 9,001 7,344 8,406 Glascock 2,280 2,672 3,579 4,547 4,388 4,192 Glynn 50,528 41,954 29,046 21,920 19,400 19,370 Gordon 23,570 19,228 18,922 18,445 16,846 17,736 Grady 17,826 18,015 18,928 19,654 19,200 20,306 Greene 10,212 11,193 12,843 13,709 12,616 18,972 Gwinnett 72,349 43,541 32,320 29,087 27,853 30,327 Habersham 20,691 18,116 16,553 14,771 12,748 10,730 Hall 59,405 49,739 40,113 34,822 30,313 26,822 Hancock 9,019 9,979 11,052 12,764 13,070 18,357 Haralson 15,927 14,543 14,663 14,377 13,263 14,440 Harris 11,520 11,167 11,265 11,428 11,140 15,775 Hart 15,814 15,229 14,495 15,512 15,174 17,944 Heard 5,354 5,333 6,975 8,610 9,102 11,126 Henry 23,724 17,619 15,857 15,119 15,924 20,420 Houston 62,924 39,154 20,964 11,303 11,280 21,964 Irwin 8,036 9,211 11,973 12,936 12,199 12,670 Jackson 21,093 18,499 18,997 20,089 21,609 24,654 Jasper 5,760 6,135 7,473 8,772 8,594 16,362 Jeff Davis 9,425 8,914 9,299 8,841 8,118 7,322 Jefferson 17,174 17,468 18,855 20,040 20,727 22,602 Jenkins 8,332 9,148 10,264 11,843 12,908 14,328 Johnson 7,727 8,048 9,893 12,953 12,681 13,546 Jones 12,218 8,468 7,538 8,331 8,992 13,269 Lamar 10,688 10,240 10,242 10,091 9,745 Lanier 5,031 5,097 5,151 5,632 5,190 Laurens 32,738 32,313 33,123 33,606 32,693 39,605 Lee 7,044 6,204 6,674 7,837 8,328 10,904 Liberty 17,569 14,487 8,444 8,595 8,153 12,707 Lincoln 5,895 5,906 6,462 7,042 7,847 9,739 Long 3,746 3,874 3,598 4,086 4,180 Lowndes 55,112 49,270 35,211 31,860 29,994 26,521 Lumpkin 8,728 7,241 6,574 6,223 4,927 5,240 McDuffie 15,276 12,627 11,443 10,878 9,014 11,509 McIntosh 7,371 6,364 6,008 5,292 5,763 5,119 Macon 12,933 13,170 14,213 15,947 16,643 17,667 Madison 13,517 11,246 12,238 13,431 14,921 18,803 Marion 5,099 5,477 6,521 6,954 6,968 7,604 Meriwether 19,461 19,756 21,055 22,055 22,437 26,168 Miller 6,397 6,908 9,023 9,998 9,076 9,565 Milton 6,730 6,885 Mitchell 18,956 19,652 22,528 23,261 23,620 25,588 Monroe 10,991 10,495 10,523 10,749 11,606 20,138 Montgomery 6,099 6,284 7,901 9,668 10,020 9,167 Morgan 9,904 10,280 11,899 12,713 12,488 20,143 Murray 12,986 10,447 10,676 11,137 9,215 9,490 Muscogee 167,377 158,623 118,028 75,494 57,558 44,195 Newton 26,282 20,999 20,185 18,576 17,290 21,680 Oconee 7,915 6,304 7,009 7,576 8,082 11,067 Oglethorpe 7,598 7,926 9,958 12,430 12,927 20,287 Paulding 17,520 13,101 11,752 12,832 12,327 14,025 Peach 15,990 13,846 11,705 10,378 10,268 Pickens 9,620 8,903 8,855 9,136 9,687 8,222 Pierce 9,281 9,678 11,112 11,800 12,522 11,934 Pike 7,316 7,138 8,459 10,375 10,853 21,212 Polk 29,656 28,015 30,976 28,467 25,141 20,357 Pulaski 8,066 8,204 8,808 9,829 9,005 11,587 Putnam 8,394 7,798 7,731 8,514 8,367 15,151 Quitman 2,180 2,432 3,015 3,435 3,820 3,417 Rabun 8,327 7,456 7,424 7,821 6,331 5,746 Randolph 8,734 11,078 13,804 16,609 17,174 16,721 Richmond 162,437 135,601 108,876 81,863 72,990 63,692 Rockdale 18,152 10,572 8,464 7,724 7,247 9,521 Schley 3,097 3,256 4,036 5,033 5,347 5,243 Screven 12,591 14,919 18,000 20,353 20,503 23,552 Seminole 7,059 6,802 7,904 8,492 7,389 Spalding 39,514 35,404 31,045 28,427 23,495 21,908 Stephens 20,331 18,391 16,647 12,972 11,740 11,215 Stewart 6,511 7,371 9,194 10,603 11,114 12,089 Sumter 26,931 24,652 24,208 24,502 26,800 29,640 Talbot 6,625 7,127 7,687 8,141 8,458 11,158 Taliaferro 2,423 3,370 4,515 6,278 6,172 8,841 Tattnall 16,557 15,837 15,939 16,243 15,411 14,502 Taylor 7,865 8,311 9,113 10,768 10,617 11,473 Telfair 11,381 11,715 13,221 15,145 14,997 15,291 Terrell 11,416 12,742 14,314 16,675 18,290 19,601 Thomas 34,515 34,319 33,932 31,289 32,612 33,044 Tift 27,288 23,487 22,645 18,599 16,068 14,493 Toombs 19,151 16,837 17,382 16,952 17,165 13,897 Towns 4,565 4,538 4,803 4,925 4,346 3,937 Treutlen 5,647 5,874 6,522 7,632 7,488 7,664 Troup 44,466 47,189 49,841 43,879 36,752 36,097 Turner 8,790 8,439 10,479 10,846 11,196 12,466 Twiggs 8,222 7,935 8,308 9,117 8,372 10,407 Union 6,811 6,510 7,318 7,680 6,340 6,455 Upson 23,505 23,800 25,078 25,064 19,509 14,786 Walker 50,691 45,264 38,198 31,024 26,206 23,370 Walton 23,404 20,481 20,230 20,777 21,118 24,216 Ware 33,525 34,219 30,289 27,929 26,558 28,361 Warren 6,669 7,360 8,779 10,236 11,181 11,828 Washington 17,480 18,903 21,012 24,230 25,030 28,147 Wayne 17,858 17,921 14,248 13,122 12,647 14,381 Webster 2,362 3,247 4,081 4,726 5,032 5,342 Wheeler 4,596 5,342 6,712 8,536 9,149 9,817 White 7,742 6,935 5,951 6,417 6,056 6,105 Whitfield 55,108 42,109 34,432 26,105 20,808 16,897 Wilcox 6,998 7,905 10,167 12,755 13,439 15,511 Wilkes 10,184 10,961 12,388 15,084 15,944 24,210 Wilkinson 9,393 9,250 9,781 11,025 10,844 11,376 Worth 14,770 16,682 19,357 21,374 21,094 23,863 Total 4,589,743 3,943,116 3,444,578 3,123,723 2,908,506 2,895,832 POPULATION NUMERICALLY LISTED ACCORDING TO 1970 CENSUS County Population Echols 1,924 Quitman 2,180 Glascock 2,280 Webster 2,362 Taliaferro 2,423 Schley 3,097 Clay 3,636 Dawson 3,639 Long 3,746 Baker 3,875 Towns 4,565 Wheeler 4,596 Lanier 5,031 Marion 5,099 Heard 5,354 Treutlen 5,647 Charlton 5,680 Crawford 5,748 Jasper 5,760 Atkinson 5,879 Lincoln 5,895 Brantley 5,940 Montgomery 6,099 Miller 6,397 Clinch 6,405 Candler 6,412 Stewart 6,511 Bryan 6,539 Calhoun 6,606 Talbot 6,625 Warren 6,669 Union 6,811 Banks 6,833 Wilcox 6,998 Lee 7,044 Seminole 7,059 Evans 7,290 Pike 7,316 McIntosh 7,371 Oglethorpe 7,598 Johnson 7,727 White 7,742 Taylor 7,865 Oconee 7,915 Irwin 8,036 Pulaski 8,066 Twiggs 8,222 Bacon 8,233 Rabun 8,327 Jenkins 8,332 Putnam 8,394 Lumpkin 8,728 Randolph 8,734 Turner 8,790 Gilmer 8,956 Hancock 9,019 Pierce 9,281 Wilkinson 9,393 Jeff Davis 9,425 Pickens 9,620 Morgan 9,904 Dade 9,910 Wilkes 10,184 Greene 10,212 Bleckley 10,291 Dooly 10,404 Butts 10,560 Lamar 10,688 Monroe 10,991 Camden 11,334 Fayette 11,364 Telfair 11,381 Terrell 11,416 Harris 11,520 Berrien 11,556 Cook 12,129 Jones 12,218 Screven 12,591 Early 12,682 Appling 12,726 Franklin 12,784 Macon 12,933 Murray 12,986 Ben Hill 13,171 Fannin 13,357 Madison 13,517 Effingham 13,632 Brooks 13,739 Worth 14,770 McDuffie 15,276 Dodge 15,658 Hart 15,814 Haralson 15,927 Peach 15,990 Tattnall 16,557 Barrow 16,859 Forsyth 16,928 Jefferson 17,174 Elbert 17,262 Washington 17,480 Paulding 17,520 Liberty 17,569 Grady 17,826 Wayne 17,858 Crisp 18,087 Rockdale 18,152 Burke 18,255 Emanuel 18,357 Mitchell 18,956 Toombs 19,151 Meriwether 19,461 Stephens 20,331 Chattooga 20,541 Habersham 20,691 Jackson 21,093 Decatur 22,310 Columbia 22,327 Coffee 22,828 Walton 23,404 Upson 23,505 Gordon 23,570 Henry 23,724 Chattahoochee 25,813 Newton 26,282 Sumter 26,931 Tift 27,288 Catoosa 28,271 Douglas 28,659 Polk 29,656 Cherokee 31,059 Bulloch 31,585 Colquitt 32,200 Coweta 32,310 Bartow 32,663 Laurens 32,738 Ware 33,525 Baldwin 34,240 Thomas 34,515 Spalding 39,514 Troup 44,466 Carroll 45,404 Glynn 50,528 Walker 50,691 Whitfield 55,108 Lowndes 55,112 Hall 59,405 Houston 62,924 Clarke 65,177 Gwinnett 72,349 Floyd 73,742 Dougherty 89,639 Clayton 98,043 Bibb 143,418 Richmond 162,437 Muscogee 167,377 Chatham 187,767 Cobb 196,793 DeKalb 415,387 Fulton 607,592 Total 4,589,743

Page 4326

MEMBERS OF THE GENERAL ASSEMBLY 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 4328

SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES FOR THE TERM 1971-1972 Name District Post Office Abney, Billy Shaw 53rd P.O. Box 607 LaFayette 30728 Adams, Ronald F. 5th P.O. Box 857 Brunswick 31520 Ballard, W. D. 45th 405 Haygood St., Oxford 30267 Bateman, Oliver C. 27th 247 Candler Dr. Macon 31204 Broun, Paul C. 46th 287 W. Broad St. Athens 30601 Brown, M. Parks 47th 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 Cleland, Max 55th P.O. Box 151 Lithonia 30058 Coggin, Frank E. 35th 1001 Virginia Ave. Hapeville 30354 Coverdell, Paul D. 56th 1447 Peachtree St., N.E. Suite 607 Atlanta 30309 Cox, Jay Carroll 21st P.O. Box 37 Twin City 30471 Dean, Roscoe Emory, Jr. 6th 612 Cherry St. 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 M., Sr. 20th Metter Road Soperton 30457 Hamilton, Bert 26th 464 West Buford Rd. Macon 31204 Henderson, Dr. J. H. (Jack), Jr 33rd 1290 Gresham Rd. Marietta 30060 Herndon, Michael N. 10th P.O. Box 995 Thomasville 31792 Higginbotham, Joe S. 43rd P.O. Box 32512 Decatur 30032 Hill, Render 29th Greenville 30222 Holley, R. Eugene 22nd Commerce Bldg., Augusta 30902 Holloway, A. W. (Al) 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 Lester, James L. 23rd First Federal Savings Bldg. 985 Broad St. Augusta 30902 London, Maylon K. 50th Box 325 Cleveland 30528 McDuffie, Pete 19th Rt. 6, Eastman 31023 McGill, Sam P. 24th Tignall Rd. Washington 30673 Overby, Howard T. 49th P.O. Box 636 Gainesville 30501 Parker, James I. 31st P.O. Box 1018 Cedartown 30125 Patton, E. Earl, Jr. 40th 38 Old Ivy Rd., N.E. Atlanta 30342 Plunkett, Lamar R. 30th 50 Morris St. Bowdon 30108 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 2017 Colonial Dr. Savannah 31406 Smalley, Robert H., Jr. 28th P.O. Box 198 Griffin 30223 Smith, Stanley E., Jr. 18th Drawer F. Perry 31069 Smith, W. Armstrong 34th 1405 DeLowe Drive, S.W. Atlanta 30311 Spinks, Ford B. 9th Box 786, Tifton 31794 Starr, Terrell A. 44th 4766 Tanglewood Lane Forest Park 30050 Stephens, Jack L. 36th 525 Electric Plaza Bldg., 501 Pulliam St., S.W. Atlanta 30312 Tysinger, James W. (Jim) 41st 3781 Watkins Place, N.E. Atlanta 30319 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 Helmey (Ed) 3rd Rt. 4, Little Neck Farm, Box 475, Savannah 31405

Page 4331

MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND POST OFFICES FOR THE TERM 1971-1972 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 Helmey (Ed) Box 475, Rt. 4, Little Neck Farm, Savannah 31405 4 Kennedy, Joseph E. Box 246, Claxton 30417 5 Adams, Ronald F. P.O. Box 857, Brunswick 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. Box 786, Tifton 31794 10 Herndon, Michael N. P.O. Box 995, Thomasville 31792 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 McDuffie, Pete Route 6, Eastman 31023 20 Gillis, Hugh M., Jr. Metter Rd., Soperton 30457 21 Cox, Jay Carroll P.O. Box 37, Twin City 30471 22 Holley, R. Eugene Commerce Bldg., Augusta 30902 23 Lester, James L. First Federal Savings Bldg., 985 Broad St., Augusta 30902 24 McGill, Sam P. Tignall Road, Washington 30673 25 Kidd, Culver P.O. Box 370, Milledgeville 31061 26 Hamilton, Bert 464 West Buford Rd., Macon 31204 27 Bateman, Oliver C. 247 Candler Drive, Macon 31204 28 Smalley, Robert H., Jr. P.O. Box 198, Griffin 30223 29 Hill, Render Greenville 30222 30 Plunkett, Lamar R. 50 Morris St., Bowdon 30108 31 Parker, James I. P.O. Box 1018, Cedartown 30125 32 Chapman, Cyrus M. (Cy) 2871 Stone Creek Rd., S.E., Smyrna 30080 33 Henderson, Dr. J. H. (Jack) Jr. 1290 Gresham Rd., Marietta 30060 34 Smith, W. Armstrong 1405 DeLowe Dr., S.W., Atlanta 30311 35 Coggin, Frank E. 1001 Virginia Ave., Hapeville 30354 36 Stephens, Jack L. 501 Pulliam St., S.W., Atlanta 30312 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 Patton, E. Earl, Jr. 38 Old Ivy Rd., N.E., Atlanta 30342 41 Tysinger, James W. (Jim) 3781 Watkins Pl., N.E., Atlanta 30319 42 Walling, Robert H. 1001 Oxford Rd., N.E., Atlanta 30306 43 Higginbotham, Joe S. P.O. Box 32512, Decatur 30032 44 Starr, Terrell A. 4766 Tanglewood Lane, Forest Park 30050 45 Ballard, W. D. 405 Haygood St., Oxford 30267 46 Broun, Paul C. 287 W. Broad St., Athens 30601 47 Brown, M. Parks P.O. Box 37, Hartwell 30643 48 Reynolds, Steve P.O. Box 303, Lawrenceville 30245 49 Overby, Howard T. P.O. Box 636, 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., (Bill) Jr. P.O. Box 149, Chatsworth 30705 55 Cleland, Max P.O. Box 151, Lithonia 30058 56 Coverdell, Paul D. 1447 Peachtree St., N.E., Suite 607, Atlanta 30309

Page 4333

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 4335

MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES FOR THE TERM 1971-1972 Name District Post Office Adams, Marvin 39-Post 1 524 South Green St., Thomaston 30286 Adams, G. D. 100 532 St. Johns Ave., S.W., Atlanta 30315 Adams, John 9-Post 2 507 Charlton Rd., Rome 30161 Alexander, William H. 108 Citizens Trust Co. Bank Bldg., Atlanta 30303 Alexander, W. M. (Bill) 96 1443 Pollard Dr., S.W., Atlanta 30311 Allen, Sam D. 92 P.O. Box 6706, Savannah 31405 Atherton, Howard 117-Post 3 848 Greymont Rd., Marietta 30060 Barfield, H. M. 71-Post 2 P.O. Box 456, Hahira 31632 Battle, Joseph A. (Joe) 90 2308 Ranchland Drive, Savannah 31404 Bell, Robert H. Bob 73-Post 1 P.O. Box 29561 Atlanta 30345 Bennett, Jim T., Jr. 71-Post 3 P.O. Box 1685 Valdosta 31601 Bennett, Tom 81-Post 1 737 Windsor Rd., Macon 31204 Berry, C. Ed 85-Post 1 2516 Harding Dr., Columbus 31906 Black, J. Lucius 45-Post 1 Preston 31824 Blackshear, Rev. Jesse 91 P.O. Box 9281, Savannah 31402 Bohannon, J. E. 20-Post 2 430 N. Cliff St., Carrollton 30117 Bond, Julian 111 266 Sunset Ave., N.W., Atlanta 30314 Bostick, Henry 63-Post 3 P.O. Box 94, Tifton 31794 Bowen, Rooney L. 47-Post 2 Modella Dr., Box 323, Vienna 31092 Brantley, Haskew H., Jr. 114 6114 Riverside Dr., N.W., Atlanta 30328 Brantley, Hines L. 52 275 Lewis St., S., Metter 30439 Bray, Claude A., Jr. 31 Mayes Way, Manchester 31816 Brown, Ben 110 250 Mathewson Place, S.W., Atlanta 30314 Brown, Clayton, Jr. 32-Post 2 550 South Hill St., Griffin 30223 Brown, Phillip 81-Post 2 2972 Woodhaven Cir., Macon 31204 Buck, Thomas B., III 84-Post 3 P.O. Box 196, Columbus 31902 Burruss, A. L. (Al) 117-Post 7 Marietta 30060 Busbee, George D. 61-Post 1 P.O. Box 1954, Albany 31702 Carr, Tom C. 35 Sandersville 31082 Carter, Hanson R. 64 603 W. Dennis Ave., Nashville 31639 Chance, George A., Jr. 44-Post 3 P. O. Box 373, Springfield 31329 Chandler, Philip M. 34-Post 2 P.O. Box 806, Milledgeville 31061 Chappell, Roy J., Sr. 42-Post 1 Box 428, Dublin 31021 Cheeks, Donald E. Don 78-Post 2 714 Westminster Ct., Augusta 30904 Clements, Charles, Jr., 1-Post 1 Rhyne Bldg., LaFayette 30728 Cole, Jack 3-Post 1 P.O. Box 626, Dalton 30720 Collier, James M. 54 Box 577, Dawson 31742 Collins, Marcus E. 62 Rt. 1, Box 90, 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 Coney, Dekle 82 P.O. Box 4846, Macon 31208 Coney, John L. 118 P.O. Box 185, Douglasville 30134 Conger, J. Willis 68-Post 1 P.O. Box 368, Bainbridge 31717 Connell, Jack 79-Post 2 P.O. Box 308, Augusta 30903 Cook, Rodney M. 95-Post 1 3495 Valley Rd., N.W., Atlanta 30305 Dailey, J. T. (Jake) 53 312 College St., Cuthbert 31740 Daugherty, J. 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, Gib 13-Post 1 Buford 30518 Dean, James E. 76 17 East Lake Drive, N.E. Atlanta 30317 Dean, Nathan 19-Post 2 4009 Third Ave., Rockmart 30153 Dent, R. A. 79-Post 1 2043 Rosalie St., Augusta 30901 Dixon, Harry D. 65-Post 2 1303 Coral Rd., Waycross 31501 Dorminy, A. B. C. (Brad), Jr. 48-Post 1 701 W. Central Ave., Fitzgerald 31750 Drury, Carl, M.D. 66 803 Alexander St., St. Marys 31558 Edwards, Ward 45-Post 2 Butler 31006 Egan, Michael J. 116 3100 First Natl. Bank Tower, Atlanta 30303 Evans, Billy L. 81-Post 3 2745 Pierce Dr., South, Macon 31204 Ezzard, Clarence G., Sr. 102 245 Atlanta Ave., S.E. Atlanta 30315 Farrar, Robert H. (Bob) 77-Post 2 2996 Majestic Circle Avondale Estates 30002 Felton, Jule W., Jr. 95-Post 2 3300 First Natl. Bank Tower Atlanta 30303 Floyd, James H. Sloppy 7 P.O. Box 521, Trion 30753 Floyd, Leon R. 75-Post 2 2401 Tilson Rd., Decatur 30032 Fraser, Donald Hines 59 P.O. Box 472, Hinesville 31313 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 30340 Gignilliat, Arthur, Jr. 89 P.O. Box 968, Savannah 31402 Grahl, Daniel K. 40 P.O. Box 591, Fort Valley 31030 Granade, Gaines C. 75-Post 4 3199 Edgemont Way, Decatur 30032 Grantham, Simon 55 306 E. Ward St., Douglas 31533 Greer, John W. 95-Post 3 802 Healey Bldg., Atlanta 30303 Griffin, R. A. (Cheney) 68-Post 2 P.O. Box 862, Bainbridge 31717 Gunter, Jack N. 6-Post 2 P.O. Box 396, Cornelia 30531 Hadaway, John H. 27 Hillsboro 31038 Ham, Phillip Benson 33 Reedy Creek Rd., Forsyth 31029 Hamilton, Mrs. Grace T. 112 582 University Place, N.W., Atlanta 30314 Harrington, J. Floyd 34-Post 1 Milledgeville 31061 Harris, Joe Frank 10-Post 1 1 Valley Dr., Cartersville 30120 Harrison, Robert Louis (Bob), Sr. 58 P.O. Box 367, Jesup 31545 Hawes, Peyton S., Jr. 95-Post 4 Haas-Howell Bldg., 4th Floor, Atlanta 30303 Hays, Forest, Jr. 1-Post 2 St. Elmo, Rt. 3 Chattanooga, Tenn. 37409 Hill, Bobby L. 94 458 W. Broad St., Savannah 31401 Hill, Guy F. 97 1074 Boatrock Rd., S.W., Atlanta 30331 Hood, John 99 1039 Ridge Ave., S.W., Atlanta 30315 Horton, Gerald Talmadge 95-Post 5 212 Bolling Road, N.E., Atlanta 30305 Housley, Eugene (Gene) 117-Post 1 1011 Housley Rd., Marietta 30060 Howard, G. Robert (Bob) 117-Post 5 218 Roswell St., Suite 202, Marietta 30060 Howell, Mobley 60 P.O. Box 348, Blakely 31723 Hudson, Charles M. 28 P.O. Box 148, Eatonton 31024 Hudson, Ted 48-Post 2 301 Glynn Ave., Fitzgerald 31750 Hutchinson, R. S. (Dick) 61-Post 3 915 6th Ave., Albany 31705 Isenberg, Joe 67-Post 1 4226 Ninth St., East Beach, St., Simons Island 31520 Jessup, Ben 49-Post 2 Cochran 31014 Johnson, Bobby W. 29-Post 2 P.O. Box 122, Warrenton 30828 Jones, Herbert, Jr. 87 413 Arlington Rd., Savannah 31408 Jones, Jimmy R. 4 Rt. 4, Ellijay 30540 Jordan, Hugh 74-Post 2 1284 Park Blvd., Stone Mountain 30083 Keyton, James W. 70-Post 1 P.O. Box 90, Thomasville 31792 King, Jack A. 86-Post 2 3110 Hooper Ave., Columbus 31907 Knight, Nathan G. 30-Post 3 27 Brookside Dr., Newnan 30263 Knowles, Don L. 22 P.O. Box 235 Stockbridge 30281 Kreeger, George H. 117-Post 6 1281 Love St., Smyrna 30080 Lambert, E. R. 25 108 Washington Sr., Madison 30650 Lane, Dick 101 2704 Humphries St., East Point 30344 Lane, W. Jones 44-Post 1 P.O. Box 484, Statesboro 30458 Larsen, George K. 113 1185 Collier Rd., N.W., Atlanta 30318 Larsen, W. W., Jr. 42-Post 2 P.O. Box 2002, Dublin 31021 Lee, Billy 61-Post 4 1215 Baker Ave., Albany 31705 Lee, Wm. J. Bill 21-Post 1 5325 Hillside Dr., Forest Park 30050 Leggett, Lowell E. (Gene) 67-Post 2 2219 Tara Lane, Brunswick 31520 Levitas, Elliott H. 77-Post 4 829 Castle Falls Dr., N.E., Atlanta 30329 Lewis, Preston B., Jr. 37 P.O. Box 88, Waynesboro 30830 Logan, Hugh 16-Post 1 1328 Prince Ave., Athens 30601 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 Rt. 1, Oak Rd., Snellville 30278 Matthews, Chappelle 16-Post 2 306 Southern Mutual Bldg., Athens 30601 Matthews, Dorsey R. 63-Post 2 Moultrie 31768 Mauldin, A. T. 12-Post 1 P.O. Box 87, Carnesvile 30521 Maxwell, James E., Sr. 17 Crawford 30630 McCracken, J. Roy 36 Avera 30803 McDaniell, Hugh Lee 117-Post 2 1231 Pebble Creek Road, S.E., Marietta 30060 McDonald, Lauren (Bubba) Jr. 15 Rt. 3, Commerce 30529 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 Hartwell 30643 Miller, Mitch 83 3859 Mathis St., Macon 31206 Moore, Don C. 6-Post 1 Rt. 4, Toccoa 30577 Morgan, J. W. (Jim) 23 P.O. Box 106, Covington 30209 Moyer, E. Vince 41-Post 2 Warner Arms Warner Robins 31093 Mulherin, Matthew W. 78-Post 3 623 Green St., Suite 2 Augusta 30902 Mullinax, Edwin G. (Ed) 30-Post 2 P.O. Drawer 1429, LaGrange 30240 Murphy, Thomas B. 19-Post 1 101 Atlantic Ave., Bremen 30110 Nessmith, Paul E., Sr. 44-Post 2 Route 4, Statesboro 30458 Noble, Bill 73-Post 2 1523 Oak Grove Rd., Decatur 30033 Northcutt, Lamar Dailey 21-Post 3 5340 W. Fayetteville Rd., College Park 30337 Nunn, Sam A., Jr. 41-Post 1 P.O. Box T, Perry 31069 Odom, Colquitt H. 61-Post 2 1218 Third Ave., Albany 31705 Oxford, Oliver 46-Post 1 317 W. College St., Americus 31709 Patten, Grover C. 63-Post 1 P.O. Box 312, Adel 31620 Patterson, John K. Uncle John 20-Post 1 Carrollton 30117 Pearce, H. Norwood 84-Post 2 P.O. Box 2312 Columbus 31902 Peters, Robert G. 2 Box 550, Ringgold 30736 Phillips, Glenn S. 29-Post 1 P.O. Box 26, Harlem 30814 Phillips, L. L. Pete 50 Box 166, Soperton 30457 Phillips, W. Randolph 38 Shiloh 31826 Pickard, Mac 84-Post 1 Box 1657, Columbus 31902 Pinkston, Frank C. 81-Post 4 3077 Stuart Dr., Macon 31204 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., Cordele 31015 Reaves, Henry L. 71-Post 1 Rt. 2, Quitman 31643 Roach, Thomas A. 10-Post 3 P.O. Box 370, Canton 30114 Ross, Ben Barron 26 Sunrise Dr., Lincolnton 30817 Rush, Dewey D. 51-Post 2 Rt. 4, Glennville 30427 Russell, Alex B., M.D. 14 P.O. Box 525, Winder 30680 Russell, Henry P., Jr. 70-Post 2 Rt. 1, Boston 31626 Russell, Walter B. (Walt) Jr. 77-Post 1 921 Nottingham Drive, Avondale Estates 30002 Salem, Wm. J. Bill 51-Post 1 P.O. Box 293, Lyons 30436 Savage, John 104 1688 Lakewood Ave., Atlanta 30315 Scarborough, Homer M., Jr. 81-Post 5 206 American Federal Building, Macon 31201 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 Sims, William A. (Bill), Jr. 106 715 Courtenay Dr., N.E., Atlanta 30306 Smith, Geo. L. II 43 P.O. Box 99, Swainsboro 30401 Smith, Henry R. 80-Post 1 453A Telfair St., Augusta 30901 Smith, J. R. 39-Post 2 P.O. Box G, Barnesville 30204 Smith, Virgil T. 3-Post 2 P.O. Box 1471, Dalton 30720 Snow, Wayne, Jr. 1-Post 3 Rt. 2, Chickamauga 30707 Sorrells, Marvin W. 24 514 Breedlove Dr., Monroe 30655 Stephens, William S. 103 80 Cleveland Ave., S.W., Atlanta 30315 Strickland, L. Jack 56 Rt. 3, Box 67, Baxley 31513 Sweat, Ottis, Jr. 65-Post 1 2100 Ben Hill Ave., Waycross 31501 Thomason, Larry W. 77-Post 3 406 Decatur Federal Bldg., Decatur 30030 Thompson, Albert W. 85-Post 2 210 9th St., Columbus 31901 Toles, E. B. 9-Post 3 1114 Park Blvd., Rome 30161 Townsend, Kil 115 3460 Paces Pl., N.W., Atlanta 30327 Triplett, Tom O. 93 415 Cantyre St., Port Wentworth 31407 Tripp, Guy 49-Post 1 Rt. 2, Eastman 31023 Turner, Tom 3-Post 3 Colonial Hill Dr., Chatsworth 30705 Vaughn, Clarence R., Jr. 74-Post 1 981 Milstead Ave., 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, Jim 75-Post 3 3930 West Side Pl., Ellenwood 30049 Wheeler, Bobby 57 Rt. 1, Alma 31510 Wheeler, Dr. Jack A. 18 P.O. Box 807, Elberton 30635 Whitmire, Doug 11-Post 2 Box 476, Rt. 2, Browns Bridge Rd., Gainesville 30501 Williams, W. M. (Bill) 11-Post 1 1628 Thompson Bridge Rd., Gainesville 30501 Wilson, Joe Mack 117-Post 4 77 Church St., Marietta 30060 Wood, Joe T. 11-Post 3 P.O. Box 736, Gainesville 30501

Page 4344

MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES BY DISTRICTS AND POST OFFICES FOR THE TERM 1971-1972 District Representative Address 1-Post 1 Charles Clements, Jr. Rhyne Bldg., LaFayette 30728 1-Post 2 Forest Hays, Jr. St. Elmo, Rt. 3, Chattanooga, Tenn. 37409 1-Post 3 Wayne Snow, Jr. Route 2, Chickamauga 30707 2 Robert G. Peters Box 550, Ringgold 30736 3-Post 1 Jack Cole P.O. Box 626, Dalton 30720 3-Post 2 Virgil T. Smith P.O. Box 1471, Dalton 30720 3-Post 3 Tom Turner Colonial Hill Dr., Chatsworth 30705 4 Jimmy R. Jones Route 4, 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 John Adams 507 Charlton 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 Thomas A. Roach P.O. Box 370 Canton 30114 11-Post 1 W. M. (Bill) Williams 1628 Thompson Bridge Rd., Gainesville 30501 11-Post 2 Doug Whitmire Box 476, Rt. 2, Browns Bridge Rd. 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 Hartwell 30643 13-Post 1 Gib Dean Buford 30518 13-Post 2 James D. Mason Rte. 1, Oak Rd. Snellville 30278 14 Alex B. Russell, M.D. P.O. Box 525 Winder 30680 15 Lauren (Bubba) McDonald, Jr. Route 3 Commerce 30529 16-Post 1 Hugh Logan 1328 Prince Ave. Athens 30601 16-Post 2 Chappelle Matthews 306 Southern Mutual Bldg., Athens 30601 17 James E. Maxwell, Sr. Crawford 30630 18 Dr. Jack A. Wheeler P. O. Box 807 Elberton 30635 19-Post 1 Thomas B. Murphy 101 Atlantic Ave. Bremen 30110 19-Post 2 Nathan Dean 4009 Third Ave. Rockmart 30153 20-Post 1 John K. Uncle John Patterson Carrollton 30117 20-Post 2 J. E. Bohannon 430 North Cliff St. Carrollton 30117 21-Post 1 Wm. J. Bill Lee 5325 Hillside Dr. Forest Park 30050 21-Post 2 Arch Gray 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 J. W. (Jim) Morgan P.O. Box 106 Covington 30209 24 Marvin W. Sorrells 514 Breedlove Dr. Monroe 30655 25 E. R. Lambert 108 Washington St. Madison 30650 26 Ben Barron Ross Sunrise Dr. Lincolnton 30817 27 John H. Hadaway Hillsboro 31038 28 Charles M. Hudson P.O. Box 148 Eatonton 31024 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 Nathan G. Knight 27 Brookside Drive Newnan 30263 30-Post 4 George W. Potts Route 2 Newnan 30263 31 Claude A. Bray, Jr. Mayes Way 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 Phillip Benson Ham Reedy Creek Rd. Forsyth 31029 34-Post 1 J. Floyd Harrington Milledgeville 31061 34-Post 2 Philip M. Chandler P.O. Box 806 Milledgeville 31061 35 Tom C. Carr Sandersville 31082 36 J. Roy McCracken Avera 30803 37 Preston B. Lewis, Jr. P.O. Box 88 Waynesboro 30830 38 W. Randolph Phillips Shiloh 31826 39-Post 1 Marvin Adams 524 South Green St. Thomaston 30286 39-Post 2 J. R. Smith P.O. Box G Barnesville 30204 40 Daniel K. Grahl P.O. Box 591 Fort Valley 31030 41-Post 1 Sam A. Nunn, Jr. P.O. Box T Perry 31069 41-Post 2 E. Vince Moyer Warner Arms Warner Robins 31093 42-Post 1 Roy J. Chappell, Sr. Box 428 Dublin 31021 42-Post 2 W. W. Larsen, Jr. P.O. Box 2002 Dublin 31021 43 Geo. L. Smith II P.O. Box 99 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 George A. Chance, Jr. P.O. Box 373 Springfield 31329 45-Post 1 J. Lucius Black Preston 31824 45-Post 2 Ward Edwards Butler 31006 46-Post 1 Oliver Oxford 317 W. College St. 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. Cordele 31015 47-Post 2 Rooney L. Bowen Modella Dr., 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 301 Glynn Ave. Fitzgerald 31750 49-Post 1 Guy Tripp Route 2 Eastman 31023 49-Post 2 Ben Jessup Cochran 31014 50 L. L. Pete Phillips Box 166 Soperton 30457 51-Post 1 W. 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 Metter 30439 53 J. T. (Jake) Dailey 312 College Street Cuthbest 31740 54 James M. Collier Box 577 Dawson 31742 55 Simon Grantham 306 East Ward St. Douglas 31533 56 L. Jack Strickland Route 3, Box 67 Baxley 31513 57 Bobby Wheeler Route 1 Alma 31510 58 Robert Louis (Bob) Harrison, Sr. P.O. Box 367 Jesup 31545 59 Donald Hines Fraser P.O. Box 472 Hinesville 31313 60 Mobley Howell P.O. Box 348 Blakely 31723 61-Post 1 George D. Busbee P.O. Box 1954 Albany 31702 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, Box 90 Pelham 31779 63-Post 1 Grover C. Patten P.O. Box 312 Adel 31620 63-Post 2 Dorsey R. Matthews Moultrie 31768 63-Post 3 Henry Bostick P.O. Box 94 Tifton 31794 64 Hanson R. Carter 603 W. Dennis Ave. Nashville 31639 65-Post 1 Ottis Sweat, Jr. 2100 Ben Hill Ave. Waycross 31501 65-Post 2 Harry D. Dixon 1303 Coral Rd. Waycross 31501 66 Carl Drury, M.D. 803 Alexander St. St. Marys 31558 67-Post 1 Joe Isenberg 4226 Ninth St., East Beach St. Simons Island 31520 67-Post 2 Lowell E. (Gene) Leggett 2219 Tara Lane Brunswick 31520 68-Post 1 J. Willis Conger P.O. Box 368 Bainbridge 31717 68-Post 2 R. A. (Cheney) Griffin P.O. Box 862 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 456 Hahira 31632 71-Post 3 Jim T. Bennett, Jr. P.O. Box 1685 Valdosta 31601 72-Post 1 Harry C. Geisinger 3362 Oakcliff Rd. Doraville 30340 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 30345 73-Post 2 Bill Noble 1523 Oak Grove Rd. Decatur 30033 74-Post 1 Clarence R. Vaughn, Jr. 981 Milstead Ave. 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 R. Floyd 2401 Tilson Rd. Decatur 30032 75-Post 3 Jim Westlake 3930 West Side Place Ellenwood 30049 75-Post 4 Gaines C. Granade 3199 Edgemont Way Decatur 30032 76 James E. Dean 17 East Lake Dr., N.E. Atlanta 30317 77-Post 1 Walter B. (Walt) Russell, Jr. 921 Nottingham Dr. Avondale Estates 30002 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 829 Castle Falls Drive, N.E., Atlanta 30329 78-Post 1 Bernard F. Miles 2934 Peach Orchard Rd. Augusta 30906 78-Post 2 Donald E. Don Cheeks 714 Westminster Court Augusta 30904 78-Post 3 Matthew W. Mulherin 623 Green St., Suite 2 Augusta 30902 79-Post 1 R. A. Dent 2043 Rosalie St. Augusta 30901 79-Post 2 Jack Connell P.O. Box 308 Augusta 30903 80-Post 1 Henry R. Smith 453-A Telfair St. Augusta 30901 80-Post 2 John H. Jack Sherman, Jr. P.O. Box 1063 Augusta 30903 81-Post 1 Tom Bennett 737 Windsor Road Macon 31204 81-Post 2 Phillip Brown 2972 Woodhaven Circle Macon 31204 81-Post 3 Billy L. Evans 2745 Pierce Dr., South Macon 31204 81-Post 4 Frank C. Pinkston 3077 Stuart Dr. Macon 31204 81-Post 5 Homer M. Scarborough, Jr. 206 American Federal Bldg., Macon 31201 82 Dekle Coney P.O. Box 4846 Macon 31208 83 Mitch Miller 3859 Mathis Street Macon 31206 84-Post 1 Mac Pickard Box 1657 Columbus 31902 84-Post 2 H. Norwood Pearce P.O. Box 2312 Columbus 31902 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 Jack A. King 3110 Hooper Avenue Columbus 31907 87 Herbert Jones, Jr. 413 Arlington Road Savannah 31408 88 Alan S. Gaynor P.O. Box 8608 Savannah 31402 89 Arthur Gignilliat, Jr. P.O. Box 968 Savannah 31402 90 Joseph A. (Joe) Battle 2308 Ranchland Drive Savannah 31404 91 Rev. Jesse Blackshear P.O. Box 9281 Savannah 31402 92 Sam D. Allen P.O. Box 6706 Savannah 31405 93 Tom O. Triplett 415 Cantyre Street Port Wentworth 31407 94 Bobby L. Hill 458 W. Broad Street Savannah 31401 95-Post 1 Rodney M. Cook 3495 Valley Road, N.W. Atlanta 30305 95-Post 2 Jule W. Felton, Jr. 3300 First National Bank Tower Atlanta 30303 95-Post 3 John W. Greer 802 Healey Bldg. Atlanta 30303 95-Post 4 Peyton S. Hawes, Jr. Haas-Howell Bldg., 4th Floor Atlanta 30303 95-Post 5 Gerald Talmadge Horton 212 Bolling Road, N.E. Atlanta 30305 96 W. M. (Bill) Alexander 1443 Pollard Dr., S.W. Atlanta 30311 97 Guy F. Hill 1074 Boatrock Road, S.W., Atlanta 30331 98 Young H. Longino P.O. Box 37 Fairburn 30213 99 John Hood 1039 Ridge Ave., S.W. Atlanta 30315 100 G. D. Adams 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 William S. Stephens 80 Cleveland Ave., S.W. Atlanta 30315 104 John Savage 1688 Lakewood Avenue Atlanta 30315 105 Sidney J. Marcus 845 Canterbury Road, N.E., Atlanta 30324 106 William A. (Bill) Sims, Jr. 715 Courtenay Dr., N.E., Atlanta 30306 107 E. J. Shepherd 346 Angier Ave., N.E. Atlanta 30312 108 William H. Alexander Citizens Trust Co. Bank Bldg., Atlanta 30303 109 J. C. Daugherty 202 Daugherty Bldg., 15 Chestnut St., S.W. Atlanta 30314 110 Ben Brown 250 Mathewson Place, Atlanta 30314 111 Julian Bond 266 Sunset Ave., N.W. Atlanta 30314 112 Mrs. Grace T. Hamilton 582 University Place, N.W., Atlanta 30314 113 George K. Larsen 1185 Collier Rd., N.W. Atlanta 30318 114 Haskew H. Brantley, Jr. 6114 Riverside Drive, N.W., Atlanta 30328 115 Kil Townsend 3460 Paces Place, N.W. Atlanta 30327 116 Michael J. Egan 3100 First Nat'l Bank Tower, Atlanta 30303 117-Post 1 Eugene (Gene) Housley 1011 Housley Road Marietta 30060 117-Post 2 Hugh Lee McDaniell 1231 Pebble Creek Rd., S.E., Marietta 30060 117-Post 3 Howard Atherton 848 Greymont Rd. Marietta 30060 117-Post 4 Joe Mack Wilson 77 Church Street Marietta 30060 117-Post 5 G. Robert (Bob) Howard 218 Roswell St., Suite 202, Marietta 30060 117-Post 6 George H. Kreeger 1281 Love Street Smyrna 30080 117-Post 7 A. L. (Al) Burruss Marietta 30060 118 John L. Coney P.O. Box 185 Douglasville 30134

Page 4353

RESULTS OF REFERENDUM ELECTIONS STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1970 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 1969 48 0 2 46 1970 44 5 39 TOTALS 619 30 30 559

Page 4354

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 4355

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 For253 Agn290 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 For259 Agn189 Sumter 2972 Tax Millage 1-12-54 For382 Agn431 Troup 2858 City of West Point 1-27-54 City vote : For140; Agn6 Outside city vote : For64; Agn53 Twiggs 2570 County Commissioners 11-2-54 For161 Agn626 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 Agn716 Clarke 3057 Merger city and county school systems 5-4-55 For1124 Agn564 Clayton 2781 City of Morrow 4-16-55 For75 Agn30 Clayton and Fulton 2884 City of College Park 5-14-55 For46 Agn13 DeKalb 2806 Form of government 5-18-55 (1) Single Com. For750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3-7-56 For4471 Agn522 Fulton 2650 City of Hapeville Status unknown Gwinnett 3163 City of Lawrenceville 3-19-55 For25 Agn89 Hall 3040 Tax Commissioner 11-28-55 For2163 Agn775 Hall 2627 Certain county officers on salary basis 11-28-55 For2144 Agn826 Houston 2093 City of Warner Robins 4-5-55 For234 Agn547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For337 Agn109 Rockdale 2428 Certain county officers on salary basis 4-16-55 For610 Agn877 Tift 2344 City of Tifton 4-27-55 For764 Agn270 Wayne 2858 City of Jesup 4-27-55 For383 Agn206

Page 4358

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] City vote : Colonial Heights Area: For2002; Agn159 Crestwood Gardens Area: For2005; Agn167 East Moultrie Area: For2004; Agn165 Tifton Highway Area: For1989; Agn173 Sylvester Drive Area: For1976; Agn175 Area 1-West Moultrie Area: For99; Agn57 [UNK] Area vote : Area 2-Colonial Heights Area: For145; Agn83 Area 3-Crestwood Gardens Area: For27; Agn87 Area 4-East Moultrie Area: For41; Agn147 Area 5-Tifton Highway Area: For29; Agn107 Area 6-Sylvester Drive Area: For78; Agn144 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 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 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 For25 Agn53 Cook 3253 County Commissioners 5-8-57 For227 Agn364 Dougherty 2595 City of Albany 5-20-57 For325 Agn720 Douglas 2358 City of Douglasville 5-3-57 City vote : For50; Agn53 Affected area : For2; 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 For27 Agn4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4-6-57 For784 Agn924 Miller 2194 County Commissioners 4-2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote : For78; Agn12 Outside city vote : For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For75 Agn10 Polk 2185 City of Cedartown 5-8-57 For656 Agn934 Pulaski 3353 City of Hawkinsville 4-30-57 For115 Agn266 Spalding 2809 City of Griffin 4-30-57 For552 Agn317 Twiggs 3002 County Commissioners 5-22-57 For156 Agn174 Walker 2419 Town of Linwood 4-27-57 For71 Agn29 Wilkinson 2383 Town of McIntyre 5-25-57 For49 Agn18 Georgia Laws, 1958 : County Page No. SUBJECT Date of Election Result Bacon 3378 City of Alma 7-2-58 For206 Agn197 Baldwin 3302 County Commissioner 11-4-58 For932 Agn717 Barrow 2338 City of Winder 6-4-58 For131 Agn229 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 For173 Agn74 Chatham 2617 Town of Thunderbolt 1-20-59 For291 Ang115 Chatham 3337 City of Savannah 5-27-58 For4024 Agn2283 Chattahoochee 2554 Compensation of Sheriff 11-4-58 For55 Agn30 Cherokee 2437 City of Canton 5-7-58 For119 Agn483 Cherokee 2661 City of Canton 5-7-58 For223 Agn37 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 For2 Agn0 Clayton and Fulton 2363 City of College Park 5-14-58 For10 Agn0 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For53; Agn1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote : For41; Agn1 Affected area : For91; Agn41 Dodge 2207 County Commissioners 3-18-58 For571 Agn2997 Early 2829 City of Blakely 8-12-58 For59 Agn96 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 : For39; Agn40 Parcel #3-City vote: For230; Agn14 Outside city : For24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For162 Agn282 Franklin 2644 City of Carnesville 4-22-58 For33 Agn21 Fulton 2721 City of College Park 6-3-58 For738 Agn340 Fulton Clayton 2453 City of College Park 5-19-58 For2 Agn0 Fulton Clayton 2854 City of College Park 5-14-58 For0 Agn0 Fulton Clayton 3212 City of East Point 7-16-58 For63 Agn28 Gordon 2131 City of Calhoun 3-26-58 City vote : For234; Agn75 County vote : For203; Agn256 Hall 2279 Gainesville City Commission 4-1-58 For925 Agn169 Haralson 2820 Millage for education purposes. Not held as of 4-18-60 Henry 3127 Certain county officers on salary basis 5-21-58 For346 Agn206 City vote : Henry 3132 City of Stockbridge 4-30-58 For61; Agn75 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 : For15; Agn50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn901 Lowndes 2624 City of Valdosta 4-14-58 For907 Agn243 Newton 2269 City of Covington 7-9-58 For151 Agn460 Polk 2468 Town of Van Wert 9-10-58 For7 Agn57 Pulaski 2826 Tax Commissioner 11-4-58 For222 Agn235 Putnam 2980 City of Eatonton 6-11-58 For42 Agn257 Tift 2697 City of Tifton 5-7-58 For669 Agn48 Tift 2696 City of Tifton 4-30-58 For333 Agn286 Tift 2930 City of Tifton Commissioners 5-28-58 For338 Agn338 Ware 2763 City of Manor 5-17-58 For19 Agn100 Wilkes 2091 County Commissioners 11-4-58 For749 Agn98 White 3224 County Commissioners Not held Georgia Laws, 1959 : County Page No. SUBJECT Date of Election Result Bartow 2782 City of Cartersville 4-29-59 For79 Agn154 Bartow 2793 City of Cartersville 4-29-59 For3 Agn21 Bartow 2797 City of Adairsville 5-12-59 For77 Agn120 Bartow 2907 City of White (Sec. 2) 5-16-59 For7 Agn36 Bartow 2907 City of White 5-16-59 For27 Agn45 Bartow 2920 City of Kinston 5-16-59 For49 Agn2 Catoosa 2161 County Commissioners 3-28-59 For718 Agn2430 Chattooga 2809 City of Summerville 5-23-59 For160 Agn462 Cherokee 2494 Certain County officers on salary basis 4-4-59 For1522 Agn509 Clayton Fulton 2499 City of College Park 5-18-59 For14 Agn38 Clayton Fulton 2508 City of College Park 5-18-59 For0 Agn0 Clayton Fulton 2516 City of College Park 5-18-59 For5 Agn0 Clayton Fulton 2521 City of College Park 5-18-59 For3 Agn0 Cobb 3142 City of AustellParcel #2 8-18-59 For7 Agn8 Cobb 3142 City of AustellParcel #3 8-4-59 For2 Agn11 Cobb 3142 City of AustellParcel #1 For5 4-12-60 Agn49 Colquitt 2397 TaxationCity of Norman Park For50 6-8-59 Agn81 Dougherty 2091 County Commissioners For755 4-8-59 Agn417 Dougherty 3064 City of Albany For1413 5-25-59 Agn710 Douglas 2871 City of Lithia Springs For241 8-25-59 Agn569 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. For14 Agn15 Elbert 2627 County Commissioners 4-8-59 For804 Agn436 Elbert 2621 Tax Commissioner 4-8-59 For1041 Agn203 Elbert 2624 Certain County officers on salary basis 4-8-59 For1014 Agn228 Emanuel 2592 City of Twin City 5-4-59 For200 Agn162 Gwinnett 3161 City of Dacula 5-9-59 For82 Agn45 Habersham 2178 City of Cornelia 4-13-59 For102 Agn91 McDuffie 2568 County officials on salary system 6-30-59 For502 Agn75 Meriwether and Talbot 2534 City of Manchester 4-1-59 For109 Agn30 Newton 2780 City of Oxford 5-1-59 For30 Agn36 Polk 2171 City of Cedartown 5-19-59 City vote : For387; Agn75 County vote : For86; Agn291 Polk 2732 Certain County officers on a salary basis 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4-8-59 For1510 Agn827 Turner 2575 County Commissioners Not held * * Act declared unconstitutional by Turner Superior Court and no election held. Union 2053 County Commissioners 3-17-59 For810 Agn1629 Georgia Laws 1960 : County Page No. SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60 For1197 Agn767 Berrien 3301 City of Nashville 11-8-60 For466; Agn418 Bibb 3223 Macon Bibb County incorporated 6-1-60 City vote : For1902; Agn4288 Outside City vote : For1902; Agn7368 Payne City vote : For37; Agn55 Chatham 2273 Town of Thunderbolt 1-17-61 For151 Agn283 Chattooga 2715 Town of Trion 5-5-60 For53 Agn25 Clarke 2234 City of Athens 4-13-60 For270 Agn522 Cobb 2127 City of Smyrna Status unknown Coweta 3020 City of Newnan 4-30-60 For320; Agn146 Douglas and Cobb 2118 City of Austell 3-26-60 For27 Agn38 Dodge 2608 Town of Rhine 4-27-60 For146 Agn4 DeKalb 3158 City of Decatur 12-7-60 Status unknown Emanuel 2360 County Commissioners 11-8-60 For877 Agn2080 Evans 2251 City of Claxton Proposed Area : 5-5-60 For32; Agn62 Within City vote : For379; Agn107 Franklin 2143 County Commissioner Advisory Board For2296 3-9-60 Agn1038 Fulton Clayton 2849 City of College Park For6 5-14-60 Agn0 Fulton Clayton 2854 City of College Park For21 5-16-60 Agn15 Greene 3089 Tax Commissioner For801 4-28-60 Agn823 Greene 3093 Certain County officers on salary basis For822 4-28-60 Agn835 Henry 3297 City of McDonough Inside City vote : 5-18-60 For61; Agn35 Outside City vote : Houston 2605 Tax Commissioner Agn959 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

Page 4374

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 For24 Agn19 Pike 2704 City of Zebulon 5-6-61 For52 Agn1 Polk 2931 City of Rockmart 12-2-61 See below * * Result: City of Rockmart For: 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 For331 Agn954 Void6 Troup 2650 City of West Point 4-26-61 For143 Agn224

Page 4377

Georgia Laws, 1962 : County Page No. SUBJECT Date of Election Result Bryan 2505 City of Richmond Hill 4-4-62 For153 Agn119 Chatham 2707 Town of Pooler 4-26-62 For110 Agn114 Clarke 2677 City of Athens 5-23-62 For643 Agn521 Clarke 2751 City of Athens 4-25-62 For1228 Agn1361 Clayton Fulton 2592 City of College Park 5-5-62 For32 Agn37 Clayton Fulton 2599 City of College Park 6-1-62 For214 Agn1061 Clayton Fulton 3084 City of College Park 5-26-62 For4 Agn160 Columbia 2713 City of Martinez 9-12-62 For85 Agn573 Emanuel 2359 Board of County Commissioners 11-6-62 For450 Agn484 Fulton 2473 City of East Point 5-9-62 For1 Agn3 Fulton 2854 City of East Point 5-9-62 For1 Agn6 Fulton 2861 City of East Point 5-9-62 For6 Agn31 Fulton 3130 City of East Point 5-9-62 For25 Agn22 Gwinnett 2364 Unlawful to own and operate pinball machines, etc. 11-6-62 For1737 Agn638 Henry 2403 Town of Locust Grove 4-25-62 For20 Agn27 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 For29 Agn4 Laurens 3052 Office of County Treasurer abolished Not Held Meriwether 2244 City of Manchester 3-28-62 For234 Agn66 Meriwether 2396 City of Manchester 3-28-62 For251 Agn47 Meriwether 2422 City of Manchester 3-28-62 For224 Agn67 Meriwether 2603 City of Manchester 3-28-62 For231 Agn76 Meriwether 2613 City of Manchester 3-28-62 For227 Agn57 Mitchell 2158 City of Camilla 4-24-62 For15 Agn0 Murray 2576 City of Chatsworth 6-23-62 For143 Agn183 Muscogee 2164 Columbus-Muscogee Board of Commissionerscreation of 4-11-62 Muscogee County For6612; Agn9103 City of Columbus For5563; Agn6032 Newton 3072 City of Covington 4-25-62 For550 Agn167 Oglethorpe 3202 City Court of Lexingtonabolish 11-6-62 For392 Agn180 Putnam 2440 Certain county officers, compensation 11-6-62 For626 Agn129 Putnam 3048 Office of Tax Commissionercreated 11-6-62 For548 Agn184 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 For577 Agn543 Warren 2981 Clerk Superior Court attend Court of Ordinary, when 11-6-62 For281 Agn313 Washington 3038 City of Tennille 5-2-62 In proposed areas For13; Agn44 In City Tennille For139; Agn58 Wayne 3110 Board of County Commissionerscreation of 11-6-62 For664 Agn449 Wilkinson 2847 Town of McIntyre 4-7-62 For70 Agn21

Page 4380

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 For239 Agn295 Telfair 2482 City of McRae 5-1-63 For130 Agn3 Thomas 3402 City of Boston 5-20-63 For45 Agn126 Thomas 3405 City of Boston 5-20-63 For52 Agn127 Turner 2471 One member Board County Commissioner 4-24-63 For249 Agn603 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 Agn119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For1281 Agn130

Page 4383

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 Agn848 Brooks 2776 City of Quitmancharter amendment Status unknown Chatham 2288 Town of Poolercharter amendment 4-15-64 For124 Agn61 Cherokee 2351 City of Woodstockcharter amendment Not held Cherokee 2431 City of Cantoncorporate limits 4-8-64 For174 Agn394 Colquitt 2305 City of Moultriecharter amendment 10-20-64 For1174 Agn613 Cook 2093 County Commissionersmethod of election 3-4-64 For2003 Agn1612 Dodge 2954 City of Empirenew charter 6-2-64 For55 Agn71 Fulton 2478 City of Union Citycharter repeal 5-8-64 For214 Agn279 Gwinnett 2733 City of Suwaneenew charter 5-11-64 For90 Agn4 Hancock 2088 Sheriff, Ordinary and Clerk Superior Courtcompensation 4-22-64 For251 Agn64 Harris 2939 4-29-64 Inside : For61 Agn43 Outside : For0 Agn7 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

Page 4387

Georgia Laws, 1965 : REFERENDUM ELECTIONS FOR THE YEAR 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

Page 4389

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 For157 Agn105 Hall 3305 Recreating the Board of County Commissioners 11-8-66 For4842 Agn4335 Irwin 2472 Office of Tax Commissioner 4-27-66 For184 Agn387 Jackson 3025 City of Jefferson Not held Jeff Davis 2352 Creation of the City of Denton 4-6-66 For162 Agn58 Meriwether 2266 Compensation - Certain County Officers 11-8-66 For1495 Agn2994 Meriwether 2521 Town of Luthersville 5-7-66 For40 Agn19 Meriwether 3318 City of Woodbury 5-11-66 For27 Agn6 Meriwether 3403 City of Greenville 5-4-66 For24 Agn19 Miller 2867 City of Colquitt Not held Miller 3372 Small Claims Court of Miller Co. 5-4-66 For180 Axsgn153 Pike 3170 City of Zebulon 4-30-66 For89 Agn14 Stephens 2628 County Commissioners 11-8-66 For1443 Agn1554 Wayne 3099 City of Jesup 5-25-66 For1083 Agn603

Page 4391

Georgia Laws 1967 : County Page No. SUBJECT Date of Election Result Banks 2538 Election of county board of education members 6-28-67 For333 Agn219 Banks Habersham 2610 Town of Baldwincharter amendment Not held Barrow 3326 City of Stathamnew charter 5-19-67 For185 Agn93 Ben Hill 2987 Election of city board of education members, etc. 6-13-67 For179 Agn507 Bulloch 3483 City of Statesborocharter amendment 7-28-67 For490 Agn111 Bulloch 2997 Town of Brookletcharter amendment 9-1-67 For33 Agn3 Catoosa 2207 Creation of Board of County Commissioners 4-15-67 For1139 Agn3373 Catoosa 2225 Election of members of county board of education 4-15-67 For1426 Agn2993 Chattahoochee 2530 Election of county board of education members Not held Clarke 2929 Board of Educationelection of members 6-7-67 For663 Agn570 Clarke 3215 City of Athenseducational tax 11-5-68 * * Date of General Election in 1968. For8480 Agn3398 Cook 2507 Election of county board of education members 8-16-67 For584 Agn135 Crisp 2691 Election of county board of education members 9-14-67 For266 Agn32 Dooly 2467 City of Viennacharter amendment 6-20-67 For12 Agn9 Dooly 2922 Election of board of education members, etc. 6-20-67 For807 Agn173 Echols 3491 City of Statenvillecharter amendment 5-15-67 For62 Agn106 Floyd 2163 City of Romecharter amendment 4-26-67 For333 Agn794 Gordon 2898 Fire protection services 6-21-67 For286 Agn111 Henry 2595 City of Stockbridgecharter amendment 5-13-67 Inside City For101 Agn87 Outside City For43 Agn475 Houston 2606 City of Warner Robinscharter amendment 4-25-67 For2292 Agn680 Houston 3241 Appointment of county school superintendent 11-7-67 For1001 Agn2317 Houston 3244 Election of members of county board of education 11-7-67 For2559 Agn757 Lowndes 2118 Creation of the Town of Dasher 4-11-67 For59 Agn5 McDuffie 2169 Deputy sheriffcompensation 4-26-67 For1069 Agn539 Meriwether 2011 City of Greenvillenew charter 4-3-67 For41 Agn0 Murray 2458 City of Chatsworthcharter amendment 5-31-67 For154 Agn19 Newton 2405 Creation of new county board of education 5-3-67 For1258 Agn598 Newton 2784 Board of County Commissionerscreation of 5-3-67 For1301 Agn540 Pike 2448 Create office of Tax Commissioner 9-6-67 For454 Agn52 Pike 3152 Election of members of county board of education, etc. 9-6-67 For441 Agn65 Polk 2718 Election of members of county board of education 11-5-68 * For3306 Agn1245 Pulaski 3463 Pulaski County and City of Hawkinsville school merger 11-7-67 Pulaski County For249 Agn482 City of Hawkinsville For466 Agn236 Randolph 2243 Tax Commissionerchange compensation, etc. 4-26-67 Proposition #1 For1109 Proposition #2 For782 Stephens 3005 Election of members of county board of education 5-2-67 For709 Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11-5-68 * For1097 Agn88 Thomas 2115 City of Thomasvilletax rate for schools 3-28-67 For841 Agn398 Turner 2694 City of Sycamorecharter amendment 5-26-67 For162 Agn51 Union 3064 Sheriff's salary 6-28-67 For235 Agn790 Whitfield 2277 City of Daltoncharter amendment 4-19-67 For516 Agn607

Page 4394

Referendum Election Results for the Year 1968 Georgia Laws, 1968 : County Page No. SUBJECT Date of Election Result Atkinson 2882 Board of county commissioners created 4-17-68 For591 Agn216 Bacon 3542 Office of Tax Commissioner created 6-11-68 For400 Agn321 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 Agn7,193 Bleckley 2278 City of Cochranchange corporate limits 6-19-68 For351 Agn781 Candler 2446 County Board of Educationcreated 5-7-68 For296 Agn467 Carroll 2256 County School Superintendentappointment of 4-24-68 For250 Agn1,341 Carroll 2841 County Board of Educationelection of members 4-24-68 For547 Agn1,087 Charlton 2342 City of Folkstoncharter amendment 9-11-68 For118 Agn145 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 For4 Agn20 Cherokee 3751 Cherokee County School Systemchange districts 11-5-68 * For2,042 Agn1,755 Coffee 2177 County Board of Educationcreation of new board 4-24-68 For546 Agn1,101 Coffee 2181 County Commissionerscreation of new board 4-24-68 For508 Agn1,100 Colquitt 2130 City of Moultriecharter amendment 4-23-68 For540 Agn715 Columbia 2708 County Board of Educationelection of members 9-11-68 For2,048 Agn320 Decatur 2565 County Board of Educationelection of members 5-1-68 For971 Agn1,104 Decatur 2735 City of Bainbridgecharter amendment 6-5-68 For292 Agn137 Douglas 2262 Appointment of county school superintendent 5-21-68 For189 Agn1,025 Douglas 3764 County Board of Educationelection members 5-21-68 For498 Agn686 Echols 3514 County Board of Educationelection members 11-5-68 * For457 Agn38 Emanuel 2487 County Board of Educationelection members 4-24-68 For405 Agn633 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 For723 Agn1,212 Grady 2120 County Board of Educationelection members 5-14-68 For2,249 Agn717 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 For756 Agn1,272 Irwin 2822 Office of Tax Commissioner created 5-28-68 For191 Agn547 Jefferson 3421 County Board of Educationadditional members 11-5-68 * For3,029 Agn1,420 Jenkins 2960 Board of County Commissionersincrease membership 6-10-68 For559 Agn179 Jenkins 2965 County Board of Educationelection of 6-10-68 For448 Agn298 Macon 2663 Creation of Office of Tax Commissioner 5-1-68 For189 Agn261 Miller 2529 County Board of Educationelection members 5-14-68 For667 Agn345 Paulding 2381 County Board of Educationelection members 7-3-68 For233 Agn19 Pierce 2761 County Board of Educationelection members 11-5-68 * For812 Agn1,377 Rabun 2272 Board of County Commissionerscreation of 4-9-68 For1,205 Agn1,144 Sumter 2065 County Board of Educationelection members 5-21-68 For626 Agn483 Tift 2023 City of Tiftoncharter amendment 4-3-68 For408 Agn310 Toombs 3424 County Board of Educationelection members 5-29-68 For65 Agn772 Walker 2152 City of Lookout Mountain created 5-9-68 For299 Agn252 Waxslker 2235 County Board of Educationelection members 5-9-68 For1,155 Agn887 Walton 2974 County Board of Educationelection members 6-18-68 For1,709 Agn265 Wayne 3361 County Board of Educationelection members 9-11-68 For1,140 Agn614 Whitfield 3065 City of Varnellincorporation of 5-23-68 For41 Agn5 Wilkes 3462 Town of Raylecharter created 5-17-68 For43 Agn4

Page 4398

Georgia Laws, 1969 County Page No. SUBJECT Date of Election Result Bartow 2929 City of Cartersvillenew charter 6-19-69 For180; Agn277 Bibb 3331 Board of Electionscreation of 9-17-69 Inside City Limits For5892 Agn2086 Outside City Limits For514 Agn295 Butts 2456 County Board of Educationcreation of 5-22-69 For422; Agn566 Camden 3543 Tax Commissionercreation of office 9-9-70 * * Date of state-wide Primary Election in 1970. Candler 2230 City of Mettercharter amendment 5-6-69 For326; Agn86 Charlton 2665 County Board of Educationcreation of 7-15-69 For143; Agn287 Chatham 2584 City of Garden Citycorporate limits 6-2-69 Status Unknown Cherokee 2829 County Board of Educationcreation of 6-17-69 Sec. 1 For1600; Agn718 Sec. 2 For624; Agn1657 Clarke 3028 County board of Educationcreation of 7-15-69 For1722; Agn1738 Cobb 2475 Cobb County School Districtcreation of 5-14-69 For773; Agn179 Colquitt 2559 County board of Educationcreation of 6-4-69 For1071; Agn1265 Coweta 2784 City of Newnancorporate limits 7-2-69 For113; Agn584 Crisp 3806 City of Cordelenew charter 6-18-69 For299; Agn245 DeKalb 2501 City of Doravillecharter amendment 5-24-69 Tract No. 1 For15; Agn130 Tract No. 2 For40; Agn103 Effingham 3964 City of Guytoncharter amendment 6-4-69 For128; Agn179 Fannin 2637 Tax Commissionercreation of office 11-3-70 # # Date of November General Election in 1970. For1399; Agn1396 Fannin 2641 Board of County Commissionerscreation 11-3-70 # For1419; Agn1376 Fulton 4098 City of Fairburncorporate limits 7-28-69 Sec. 1Vickers Rd. For3; Agn3 Sec. 2Bohannon Rd. For8; Agn1 Gwinnett 3960 City of Lawrencevillecharter amendment 5-21-69 Inside city limits : For289; Agn127 Outside city limits : For22; Agn198 Gilmer 2606 City of Ellijaycorporate limits 6-25-69 For139; Agn288 Hall 2346 City of Murrayvillenew charter 6-11-69 For81; Agn104 Houston 3647 City of Warner Robinscharter amendment 6-17-69 For1512; Agn2064 Houston 3920 City of Warner Robinscorporate limits 10-14-69 City vote : For2134; Agn694 County vote : For38; Agn205 Houston City of Warner Robinscharter amendment Jackson 3927 City of Jeffersoncorporate limits 7-21-69 For88; Agn171 Laurens 2270 City of Dublincorporate limits 5-28-69 For121; Agn106 Lincoln 3352 Treasurerabolition of office 11-3-70 # For601; Agn742 Muscogee 3356 City of Columbuscorporate limits 6-25-69 For15,707 Agn7761 Muscogee 3571 Muscogee County Charter Commissioncreation of Status Unknown Pickens 3066 County School Superintendentappointment of 7-2-69 For52; Agn885 Putnam 2670 Sheriffcompensation of 6-12-69 For282; Agn409 Putnam 3126 Tax Commissionercompensation of Not Held Putnam 3130 Ordinarycompensation of 6-12-69 For372; Agn328 Putnam 3594 Clerk Superior Courtcompensation of 6-12-69 For283; Agn408 Putnam 3598 Board of County Commissionerscompensation of 6-12-69 For218; Agn470 Putnam 3900 Coronercompensation in certain counties 6-12-69 For290; Agn403 Pulaski 3915 City of Hawkinsvillecorporate limits 10-14-69 City Hawkinsville Inside proposed area: For271; Agn82 Pulaski County Outside the proposed area: For35; Agn162 Spalding 3687 Small Claims Court of Spalding Countycreation of 7-29-69 For795; Agn447 Seminole 2590 Small Claims Court of Seminole Countycreation of 6-4-69 For221; Agn175 Stewart 2264 County board of educationelection date changed, etc. 5-14-69 For91; Agn12 Telfair 3641 County Board of Educationincrease membership 8-26-69 For277; Agn437 Thomas 3562 Towns of Meigscorporate limits Not Held Tift 2674 City of Tiftoncorporate limits 6-25-69 City Area : For645; Agn578 Proposed Area : For433; Agn499 Toombs 3241 City of Lyonscorporate limits 6-25-69 For3; Agn0 Toombs 3244 City of Lyonscorporate limits 6-25-69 For2; Agn34 Washington 2467 City of Sandersvillecharter amendment 6-25-69 Status Unknown Whitfield 2529 City of Cohuttanew charter 5-28-69 For84; Agn11 Walker 4014 City of Rossvillenew charter 7-5-69 For118; Agn293

Page 4402

Georgia Laws, 1970 REFERENDUM ELECTION RESULTS FOR YEAR 1970 County Page No. SUBJECT Date of Election Result Baldwin 2951 County Board of Educationincrease membership 11-3-70 # # Date of General Election in 1970. For2525 Agn1630 Banks Jackson 3000 Town of Maysvillecharter amendment 6-10-70 For57 Agn51 Void1 Bryan 3191 City of Richmond Hillcharter amendment 5-26-70 For84 Agn154 Bulloch 2790 County board of Educationcreation of 6-10-70 For903 Agn698 Calhoun 2361 Sheriff, etc.salary and compensation 4-23-70 For121 Agn120 Camden 3278 Tax Commissioneroffice created 11-3-70 # For648 Agn476 Carroll 2856 City of Templecharter amendment Status unknown Carroll 3362 Town of Bowdoncharter amendment 5-20-70 For49 Agn114 Charlton 3270 County board of educationcreation of 5-19-70 For293 Agn307 Charlton 3274 County Commissionersamendment 5-19-70 For272 Agn328 Chatham 2018 Town of Thunderboltcharter amendment 4-14-70 For306 Agn29 Chatham 2080 City of Savannah Beach-Tybee Islandnew charter 4-6-70 For339 Agn205 Clarke 2985 School district tax 11-3-70 # For9185 Agn3707 Coffee 2441 County board of educationcreation of 4-30-70 For1469 Agn1409 Colquitt 2579 County Commissionersamendment 5-19-70 For1285 Agn773 Colquitt 2582 County board of educationelection of 5-19-70 For1463 Agn595 Elbert 2321 Abolish office of county treasurer 11-3-70 # For1589 Agn1228 Emanuel 2150 Appointment of county school superintendent 4-7-70 For383 Agn1701 Emanuel 2153 County board of educationmethod of election 4-7-70 Proposal #11389 Proposal #2539 Proposal #3173 Gordon 2657 County board of educationcreation of 9-9-70 * * Date of State-wide Primary Election in 1970. For1798 Agn868 Habersham 3091 City of Corneliacharter amendment 5-20-70 For166 Agn42 Habersham 3094 City of Corneliacharter amendment 5-20-70 For121 Agn88 Houston 2965 County board of educationmethod of election 5-12-70 For1682 Agn1073 Jackson 3407 City of Commercecharter amendment Status unknown Jackson 3415 City of Commercecharter amendment Status unknown Lanier 2709 County board of educationcreation of 11-3-70 # For election : 289 For Appointment : 240 Liberty 2053 City of Hinesvillecorporate limits 3-26-70 For520 Agn402 Meriwether 3039 City of Woodburycorporate limits 5-12-70 Inside City : For83 Agn60 Outside City : For3 Agn32 Mitchell 2239 County board of educationcreation of 6-16-70 For482 Agn156 Mitchell 2632 Appointment of county school superintendent 6-16-70 For287 Agn350 Monroe 3030 County board of educationadd two members 11-3-70 # For815 Agn503 Murray 2365 City of Chatsworthcharter amendment 5-9-70 For133 Agn260 Peach 2647 County board of educationadd two members 6-10-70 For544 Agn198 Pulaski 2880 Fire protection districts created 5-19-70 For142 Agn140 Spalding 2651 City of Griffincharter amendment 11-3-70 # For2117 Agn1510 Stephens 2643 Board county commissionersadd member 5-5-70 For822 Agn1743 Stephens 2436 County board of education created 5-5-70 For1136 Agn1466 Tattnall 2033 City of Glennvillecorporate limits 3-24-70 For269 Agn123 Thomas 3369 New board county commissioners created 5-26-70 For920 Agn2460 Troup Harris 3476 City of West Pointcorporate limits 5-27-70 Troup County For11 Agn0 Harris County For15 Agn0 City West Point For83 Agn3 Walton 2292 City of Social Circlecorporate limits Status unknown Wayne 2067 City of Jesupde-annexing certain property Status unknown Wayne 3251 Wayne County Hospital Authority commissioners 11-3-70 # For807 Agn1113 Washington 3104 County board of educationadd two members 6-3-70 For439 Agn537 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 4405

RESULTS OF CONSTITUTIONAL AMENDMENTS OF 1970 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: BALLOT NUMBER PROPOSED AMENDMENT FOR AGAINST 1 . (Ga. L. 1970 P. 975) Proposed amendment to the Constitution to provide that, unless otherwise provided by the amendment, an amendment to the Constitution shall become effective on the first day of January following its ratification. 448,514 156,708 * * Please note that in Paragraph 2 proposed general amendments numbered 2, 6, 8, 9, 10, 11, 13, 14 and 15 WERE DECLARED NOT TO BE A PART OF THE CONSTITUTION OF GEORGIA . 2 . (Ga. L. 1970 P. 1135) Proposed amendment to the Constitution to change the manner in which bills and resolutions are approved or vetoed by the Governor and to change the procedure for overriding bills and resolutions vetoed by the Governor. 253,993 328,370 3 . (Ga. L. 1970 P. 990) Proposed amendment to the Constitution so as to authorize the General Assembly to provide by law that all personal clothing and effects, household furniture, furnishings, equipment, appliances and other personal property used within the home shall be exempt from all ad valorem taxation; and to further authorize the General Assembly to provide by law that all tools and implements of trade of manual laborers and domestic animals shall be exempt from State, county, municipal and school district ad valorem taxes, in an amount not to exceed $300.00 in actual value. 428,762 188,244 4 . (Ga. L. 1970 P. 996) Proposed amendment to the Constitution to increase the homestead exemption for disabled veterans who have been disabled as a result of service in the armed forces, due to loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheel chair, or blindness in both eyes, having only light perception, plus loss or loss of use of one lower extremity, or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair. 472,550 151,310 5 . (Ga. L. 1970 P. 1140) Proposed amendment to the Constitution to authorize the General Assembly to provide by law for grants or scholarships to citizens of Georgia who are students attending colleges or universities which are not branches of the University System of Georgia, and to authorize the General Assembly to provide the procedures for making such grants or scholarships and to provide appropriations for such purposes. 320,168 301,722 * 6 . (Ga. L. 1970 P. 1051) Proposed amendment to the Constitution to authorize the General Assembly to exempt from all ad valorem taxes in this State all tangible personal property, including motor vehicles, owned by religious organizations or groups and used solely for religious purposes and from which no income is derived. 259,491 355,538 7 . (Ga. L. 1970 P. 1049) Proposed amendment to the Constitution to provide that the exemptions granted to the homestead shall extend to and apply to those properties, the legal title to which is vested in one or more owners, an administrator, executor or trustee, if such exemptions are claimed by one or more owners, heirs or beneficiaries who reside on such property. 311,541 267,875 * 8 . (Ga. L. 1970 P. 1035) Proposed amendment to the Constitution to authorize the General Assembly to exempt from all ad valorem taxation the tangible and intangible property of hospitals and nursing homes no portion of the net profit from the operation of which can inure to the benefit of any private person. 287,129 319,006 * 9 . (Ga. L. 1970 P. 976) Proposed amendment to the Constitution to provide that all property held by and belonging to public, non-profit corporations created and operated for the purpose of providing water supply or sewage disposal, or a combination of such services, shall be exempt from all ad valorem taxation. 278,761 310,400 * 10 . (Ga. L. 1970 P. 1143) Proposed amendment to the Constitution to provide that the building, development, improvement, financing, expansion and modernization of housing and housing facilities are public purposes and to authorize the appropriation of funds for such purposes; to authorize the General Assembly to create an agency and instrumentality of the State to be named the Georgia Housing Finance Authority to promote and further such purposes; to provide for the membership, powers and duties of said Authority. 217,225 348,799 * 11 . (Ga. L. 1970 P. 1142) Proposed amendment to the Constitution to authorize the General Assembly to classify tangible personal property comprising inventory as a separate and distinct class of property for ad valorem taxation purposes and to provide for its taxation, at the option of the taxpayer, in the same manner and on the same basis as other tangible personal property, not including motor vehicles, or upon the basis of the average annual inventory maintained by the taxpayer during the immediately preceding calendar year in such manner as the General Assembly shall provide. 252,633 311,765 12 . (Ga. L. 1970 P. 1153) Proposed amendment to the Constitution to authorize the General Assembly to provide by law, from time to time, for the increase of retirement or pension benefits of retired persons who retired pursuant to any retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by law, and to authorize the General Assembly to appropriate funds for such purpose. 367,700 230,355 * 13 . (Ga. L. 1970 P. 983) Proposed amendment to the Constitution to exempt peanuts grown in this State and stored in licensed or bonded warehouses, regardless of ownership, from all ad valorem taxation. 151,383 449,182 * 14 . (Ga. L. 1970 P. 1012) Proposed amendment to the Constitution to create the Glynn County Public Improvement Authority and to provide for powers, authority, limitations, funds, purposes, and procedures connected therewith and to authorize the Authority to issue its bonds and to provide the method and manner of such issuance and validation and the effect thereof. 196,542 326,226 * 15 . (Ga. L. 1970 P. 1081) Proposed amendment to the Constitution to create the City of Marietta Parking Authority and to provide for the powers, authority and duties of such Authority and to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof, and to authorize the Authority to contract with the City of Marietta and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivions of the State of Georgia and with private persons and corporations and with other public corporations and to authorize the City of Marietta to contract with the Authority and to authorize said City to levy taxes, without limitation as to rate or amount, and to expend tax monies of the City and any other available funds of the City and to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Marietta. 229,576 282,192 THEREFORE: I, Lester Maddox, Governor of the State of Georgia, do hereby proclaim that the proposed general amendments numbered 1, 3, 4, 5, 7 and 12, having been ratified according to the Constitution of the State of Georgia, according to the results of the November 1970 General Election held on Tuesday, November 3, 1970, 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 2, 6, 8, 9, 10, 11, 13, 14 and 15, not having been ratified according to the Constitution of this State, according to the results of the November 1970 General Election held on Tuesday, November 3, 1970, 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 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 15th day of December, 1970, and of the Independence of the United States of America, the One Hundred and Ninety-Fifth. LESTER MADDOX GOVERNOR ATTEST: ATTEST: ZELL MILLER, Executive Secretary and Secretary of the Executive Department BEN W. FORTSON, JR. SECRETARY OF STATE

Page 4410

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 16 . (Ga. L. 1970 P. 1059) BARROW COUNTY Barrow County School District 655 228 City of Winder School District 1,394 235 Proposed amendment to the Constitution to create the Barrow County School System by merging the independent school system of the City of Winder and the county school system of Barrow County into one school district; to create a Board of Education of said system and to provide for a School Superintendent of said System. * * Please note that in Paragraph 2 proposed local amendments numbered 17, 20, 24, 27, 28, 33, 36, 37, 39, 40, 44, 50, 51, 52, 56 and 63 WERE DECLARED NOT TO BE A PART OF THE CONSTITUTION OF GEORGIA . 17 . (Ga. L. 1970 P. 984) BEN HILL COUNTY Ben Hill County School District 305 410 City of Fitzgerald School Dist. 954 443 Proposed amendment to the Constitution to authorize the General Assembly to pass a special Act or Acts to merge the existing school system of the City of Fitzgerald and the existing school district in the County of Ben Hill lying outside the corporate limits of said city, into one school district or system co-extensive with the limits of said county, and to provide that the Superintendent of Education for the resulting school district shall be appointed by the new Ben Hill County Board of Education. * 20 . (Ga. L. 1970 P. 1046) CARROLL COUNTY 3,122 3,860 Proposed amendment to the Constitution to authorize the General Assembly to create within Carroll County a vocational technical school system and to authorize the levying of a tax to support its activities and affairs within Carroll County. 21 . (Ga. L. 1970 P. 1147) CLARKE COUNTY Clarke County School District 6,571 4,804 Proposed amendment to the Constitution to remove therefrom the sentence which provides that property of the Clarke County School District taxed for the support of the Clarke County School System shall not be subject to the homestead exemptions provided by Article VII, Section I, Paragraph IV of the Constitution and to provide that such property shall be subject to the homestead exemptions provided by said Article VII, Section I, Paragraph IV of the Constitution. 22 . (Ga. L. 1970 P. 1114) CLINCH COUNTY 550 213 Proposed amendment to the Constitution to authorize the General Assembly to provide by local Act for the consolidation of the offices of tax collector and tax receiver of Clinch County into the single office of tax commissioner of Clinch County to become effective January 1, 1973. 23 . (Ga. L. 1970 P. 1111) CLINCH COUNTY Clinch County School District 482 296 Proposed amendment to the Constitution to provide for the election of the members of the Board of Education of Clinch County by the people and for the appointment of the County School Superintendent of Clinch County by the Board. * 24 . (Ga. L. 1969 P. 1150) COBB COUNTY City of Marietta 1,790 2,261 Proposed amendment to the Constitution to provide that no additional school bonds shall ever be hereafter issued pursuant to an amendment to Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia (H. R. 193-475, Georgia Laws 1965, p. 680 et seq. and ratified at the General Election held on November 8, 1966) and to preserve and protect the rights and interests of the owners or holders of bonds heretofore issued pursuant to said amendment and to authorize the City of Marietta to issue its general obligation school 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 purpose, which debt limitation shall be in addition to the seven per centum (7%) debt limitation now imposed by this Constitution and the annual seven (7) mill tax limitation imposed by an amendment to Article VII, Section VII, Paragraph I of the 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. 25 . (Ga. L. 1970 P. 1117) COBB COUNTY City of Smyrna 95 36 Proposed amendment to the Constitution to provide for the establishment of a Downtown Smyrna Development Authority and to provide for the powers, duties, and responsibilities of said Authority. 26 . (Ga. L. 1970 P. 1109) COBB COUNTY City of Marietta 2,502 1,943 Proposed amendment to the Constitution to provide for the establishment of a Downtown Marietta Development Authority and to provide for the powers, duties, and responsibilities of said Authority. * 27 . (Ga. L. 1970 P. 993) COWETA COUNTY 2,793 3,600 Proposed amendment to the Constitution to repeal the local amendment to Article II, Section I, Paragraph I of the Constitution captioned Coweta County-Fire, Water, Etc. Districts, Georgia Laws 1964, Vol. I, 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 purpose, 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. * 28 . (Ga. L. 1970 P. 1068) DEKALB COUNTY 33,135 54,369 Proposed amendment to the Constitution to authorize the General Assembly to create the City-County of DeKalb as a successor government to the chairman and board of commissioners of roads and revenues of DeKalb County, to establish the governing authority thereof and to prescribe the organization, powers, duties and responsibilities thereof, and all other matters relative thereto. 29 . (Ga. L. 1970 P. 1074) DOUGHERTY COUNTY City of Albany 5,663 3,824 Proposed amendment to the Constitution to provide for the establishment of a Central Albany Development Authority and to provide for the powers, duties, and responsibilities of said Authority. 30 . (Ga. L. 1970 P. 1127) DOUGHERTY COUNTY 7,000 3,040 Proposed amendment to the Constitution to create an election board in Dougherty County. 31 . (Ga. L. 1970 P. 1126) DOUGHERTY COUNTY Dougherty County 6,910 2,969 City of Albany 6,941 3,009 Proposed amendment to the Constitution to authorize and empower the General Assembly by local Act to create a Board of Registrars of Dougherty County or a Joint Board of Registrars of Dougherty County and the City of Albany and to provide for all matters relative to the foregoing. 32 . (Ga. L. 1970 P. 1002) FAYETTE COUNTY 1,576 1,011 Proposed amendment to the Constitution to provide that the first Fayette County grand jury drawn in 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county and recommend such salary increases as are thought to be necessary or desirable. * 33 . (Ga. L. 1970 P. 977) FAYETTE COUNTY Fayette County School District 988 1,816 Proposed amendment to the Constitution to provide that at the expiration of the present term of office of the Fayette County School Superintendent, the Board of Education of Fayette County shall appoint the Fayette County School Superintendent. 34 . (Ga. L. 1970 P. 979) FAYETTE COUNTY Fayette County School District 1,812 Proposed amendment to the Constitution to provide the procedures whereby the Board of Education of Fayette County shall district Fayette County into education districts for the purpose of electing members of the Board of Education of Fayette County, and to provide that all the electors of the Fayette County school district shall be eligible to cast their ballots for the candidates of their choice for election to the Board. 35 . (Ga. L. 1969 P. 1154) FULTON COUNTY 52,993 51,075 Proposed amendment to the Constitution to authorize Fulton County to issue not more than three million ($3,000,000.00) dollars in General Obligation Bonds in any fiscal year without a referendum, but subject to a public hearing and the limitations imposed. * 36 . (Ga. L. 1970 P. 1138) FULTON COUNTY 33,481 75,833 Proposed amendment to the Constitution authorizing Fulton County to levy an annual tax not to exceed $5.00 on each automobile licensed in said County. * 37 . (Ga. L. 1970 P. 1010) GLYNN COUNTY 931 4,911 Proposed amendment to the Constitution to authorize Glynn County to exercise the power of taxation for water and sewer purposes. 38 . (Ga. L. 1970 P. 1106) GRADY COUNTY City of Cairo 896 382 Proposed amendment to the Constitution to remove the limitation on the rate of interest applicable to bonds issued by the City of Cairo Development Authority. * 39 . (Ga. L. 1970 P. 1101) GWINNETT COUNTY 3,820 9,922 Proposed amendment to the Constitution to authorize the Board of Commissioners of Gwinnett County to divide said county into districts for certain public purposes and to impose and collect taxes, fees, and charges therefor. * 40 . (Ga. L. 1970 P. 998) GWINNETT COUNTY 5,650 7,561 Proposed amendment to the Constitution to authorize the General Assembly to empower the Board of Commissioners of Gwinnett County, Georgia, 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 board and to provide penalties for violation of such ordinances; to authorize the licensing and regulation of business and levying of license taxes on businesses in the unincorporated area of the county; to authorize the creation of a County Recorder's Court for Gwinnett County, and to provide the authority, jurisdiction, and powers thereof. 41 . (Ga. L. 1970 P. 1032) HALL COUNTY 5,251 4,409 Proposed amendment to the Constitution to authorize the Board of Commissioners of Hall County to assess and collect license fees, occupational taxes, and amusement taxes upon businesses in Hall County outside the incorporated limits of municipalities and to regulate same. 42 . (Ga. L. 1970 P. 1119) HENRY COUNTY 3,787 1,005 Proposed amendment to the Constitution to authorize the General Assembly to provide by law that Henry County may levy and collect a tax on mobile home rental units and mobile home rental sites located within said county not to exceed a rate of two per cent of the total amount annually collected as rent for such units and sites. 43 . (Ga. L. 1970 P. 1044) HENRY COUNTY 3,533 1,214 Proposed amendment to the Constitution to authorize the General Assembly to empower the Board of Commissioners of Henry County to license and regulate businesses in the unincorporated areas of Henry County and to levy and collect excise taxes in connection with any activity at any racetrack in any area of Henry County. * 44 . (Ga. L. 1970 P. 1151) HOUSTON COUNTY Houston County 4,425 4,217 City of Centerville 254 220 City of Perry 882 612 City of Warner Robins 2,760 2,972 Proposed amendment to the Constitution to authorize the consolidation, merger and combination of the tax functions of each incorporated municipality located within Houston County with such functions of Houston County. 45 . (Ga. L. 1970 P. 1042) HOUSTON COUNTY Houston County School District 6,333 2,236 Proposed amendment to the Constitution to authorize the Board of Education of Houston County to make grants for the purpose of educating or training certain handicapped citizens of Houston County. 46 . (Ga. L. 1970 P. 1149) HOUSTON COUNTY City of Perry 1,387 383 Proposed amendment to the Constitution to authorize the City of Perry to grant to certain persons who are 65 years of age or over with limited income an exemption of $2,000.00 from ad valorem taxation on such person's homestead. 47 . (Ga. L. 1970 P. 1104) JACKSON COUNTY Jackson County 2,238 906 City of Braselton 198 38 City of Hoschton 78 60 Proposed amendment to the Constitution to create the West Jackson fire district which will serve the municipalities of Braselton and Hoschton and the Districts of Porters, Hoschton and Randolph, and to authorize the levying of a tax on the taxable property in the territory comprising said district for fire protection purposes. 48 . (Ga. L. 1970 P. 1066) LEE COUNTY 504 320 Proposed amendment to the Constitution to authorize the governing authority of Lee County to regulate and license and levy license taxes upon businesses in the unincorporated area of said county. 49 . (Ga. L. 1970 P. 1040) NEWTON COUNTY 2,224 1,286 Proposed amendment to the Constitution to authorize and empower the Board of Commissioners of Newton County to adopt ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said Board of Commissioners as the governing authority of Newton County and to provide penalties for violation of such ordinances and to authorize the enforcement of such ordinances by civil or criminal proceedings in the Superior Court of Newton County or other courts established by the General Assembly. * 50 . (Ga. L. 1970 P. 1052) PAULDING COUNTY 1,290 1,391 Proposed amendment to the Constitution to authorize the General Assembly to empower the governing authority of Paulding 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 proceedings in the Superior Court of Paulding County or other courts established by the General Assembly. * 51 . (Ga. L. 1970 P. 1057) PAULDING COUNTY 1,377 1,450 Proposed amendment to the Constitution to authorize the General Assembly to provide by law that the governing authority of Paulding County may establish and administer fire protection districts within the bounds of said county and levy taxes or special assessments therefor within such districts under certain conditions and requirements. * 52 . (Ga. L. 1970 P. 1055) PAULDING COUNTY 1,071 1,657 Proposed amendment to the Constitution to authorize the General Assembly to provide by law that the governing authority of Paulding County may establish and administer sewage districts within the bounds of said county and levy taxes and issue bonds therefor within such districts under certain conditions and requirements. 53 . (Ga. L. 1970 P. 992) PEACH COUNTY 1,460 829 Proposed amendment to the Constitution to authorize the governing authority of Peach County to levy a tax not to exceed 1 mill for use by the Peach County Industrial Development Authority. 54 . (Ga. L. 1970 P. 1097) RICHMOND COUNTY 10,861 5,411 Proposed amendment to the Constitution to authorize the Board of Commissioners of Richmond County to establish districts for the purpose of erecting, establishing, maintaining and operating street lights within said county, and to levy taxes, assessments or service charges for the construction, maintenance and operation thereof. 55 . (Ga. L. 1970 P. 1078) RICHMOND COUNTY City of Augusta 4,409 1,142 Proposed amendment to the Constitution to authorize the city council of Augusta as the governing authority of the City of Augusta to establish historic zones within designated areas of the city; to provide that inclusion of property within such zones shall not of itself constitute exemption from taxation; to provide for the enactment of planning and zoning ordinances to promote the educational, cultural, economic and general welfare of the City of Augusta by preserving and protecting districts, sites, buildings and objects which are significant in national, State or local history, architecture, archeology and culture, and to promote the general welfare through the benefits resulting to the economy of the City of Augusta in developing and maintaining its vacation-travel industry. * 56 . (Ga. L. 1970 P. 1133) RICHMOND COUNTY City of Augusta 1,810 3,456 Proposed amendment to the Constitution to authorize the City of Augusta to create two or more taxing districts within said city. 57 . (Ga. L. 1970 P. 1099) RICHMOND COUNTY 9,520 4,853 Proposed amendment to the Constitution to provide that the Board of Commissioners of Richmond County shall have the right and power 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 Richmond County outside the incorporated limits of municipalities. 58 . (Ga. L. 1970 P. 1047) ROCKDALE COUNTY City of Conyers 2,415 502 Proposed amendment to the Constitution to provide that residents of the City of Conyers 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 $4,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City. 59 . (Ga. L. 1970 P. 1001) SPALDING COUNTY 3,008 2,454 Proposed amendment to the Constitution to provide that the first Spalding County grand jury drawn in 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county and recommend such salary increases as are thought to be necessary or desirable. 61 . (Ga. L. 1970 P. 1036) UPSON COUNTY Upson County 529 205 City of Thomaston 1,522 321 Proposed amendment to Article XI, Section I, Paragraph VI of the Constitution of the State of Georgia of 1945, so as 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. 62 . (Ga. L. 1970 P. 1115) WARE COUNTY 3,096 2,235 Proposed amendment to the Constitution to restore the law enforcement powers to the sheriff of Ware County and to provide that if the sheriff shall fail to perform his powers, duties and responsibilities as required by law, the governing authority of Ware County may withdraw the sheriff's law enforcement powers and vest them in the Ware County Police Force. * 63 . (Ga. L. 1970 P. 1123) WARE COUNTY Ware County 1,438 1,443 City of Waycross 1,090 779 Proposed amendment to the Constitution to provide that effective January 1, 1973, the offices of the tax receiver and tax collector of Ware County shall be combined into the office of tax commissioner of Ware County and to authorize the City of Waycross and Ware County to consolidate, merge and combine the ad valorem tax functions of such political subdivisions. THEREFORE: I, Lester Maddox, Governor of the State of Georgia, do hereby proclaim that the proposed amendments which are not general numbered 16, 21, 22, 23, 25, 26, 29, 30, 31, 32, 34, 35, 38, 41, 42, 43, 45, 46, 47, 48, 49, 53, 54, 55, 57, 58, 59, 61 and 62, having been ratified according to the Constitution of the State of Georgia, according to the results of the November 1970 General Election held on Tuesday, November 3, 1970, 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. FURTHER: I, Lester Maddox, Governor of the State of Georgia, do hereby proclaim that the proposed amendments which are not general numbered 17, 20, 24, 27, 28, 33, 36, 37, 39, 40, 44, 50, 51, 52, 56 and 63, not having been ratified according to the Constitution of this State, according to the results of the November 1970 General Election held on Tuesday, November 3, 1970, 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 the State of Georgia.

Page 4422

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 15th day of December, 1970, and of the Independence of the United States of America, the One Hundred and Ninety-Fifth. LESTER MADDOX GOVERNOR ATTEST: ZELL MILLER Executive Secretary and Secretary of Executive Department ATTEST: BEN W. FORTSON, JR. Secretary of State

Page 4423

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 Senate and 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 * * Please note that in Paragraph 1 proposed local amendments numbered 18 and 60 WERE DECLARED NOT TO BE A PART OF THE CONSTITUTION OF GEORGIA . 18 . (Ga. L. 1970 P. 1077) BEN HILL COUNTY Ben Hill County 615 1,209 City of Fitzgerald No Votes Certified Proposed amendment to the Constitution to authorize the Board of Commissioners of Ben Hill County to levy an annual tax to support the Fitzgerald and Ben Hill County Development Authority. * 60 . (Ga. L. 1970 P. 1004) TROUP COUNTY Troup County 1,749 3,753 Troup County School District No Votes Certified City of LaGrange School District No Votes Certified Proposed amendment to the Constitution to create the LaGrange-Troup County School System by merging the existing independent school system of the City of LaGrange and the existing school system of Troup County which lies outside the corporate limits of the Cities of LaGrange, Hogansville and West Point. THEREFORE: I, Lester Maddox, Governor of the State of Georgia, do hereby proclaim that the proposed amendments which are not general numbered 18 and 60, 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. 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 15th day of December, 1970, and of the Independence of the United States of America, the One Hundred and Ninety-Fifth. ATTEST: LESTER MADDOX Governor ZELL MILLER Executive Secretary and Secretary of the Executive Department ATTEST: BEN W. FORTSON, JR. Secretary of State 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 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 amendment numbered 19 WAS DECLARED NOT TO BE A PART OF THE CONSTITUTION OF GEORGIA . 19 . (Ga. L. 1970 P. 1120) BLECKLEY COUNTY Bleckley County School District 218 1,050 City of Cochran School District 520 310 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.

Page 4426

THEREFORE: I, Lester Maddox, Governor of the State of Georgia, do hereby proclaim that the proposed amendment which is not general numbered 19 was not ratified according to the Constitution of the State of Georgia, according to the results of the November 1970 General Election held on Tuesday, November 3, 1970, 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 19, 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 15th day of December, 1970, and of the Independence of the United States of America, the One Hundred and Ninety-Fifth. ATTEST: LESTER MADDOX Governor ZELL MILLER Executive Secretary and Secretary of the Executive Department ATTEST: BEN W. FORTSON, JR. Secretary of State

Page 4427

For any information regarding these ACTS and RESOLUTIONS please contact: BEN W. FORTSON, JR. Secretary of State